Florida Senate - 2011                                    SB 2028
       
       
       
       By Senator Braynon
       
       
       
       
       33-02462-11                                           20112028__
    1                        A bill to be entitled                      
    2         An act relating to educational enhancement funding;
    3         amending ss. 1010.70 and 1013.71, F.S.; revising
    4         provisions relating to the Educational Enhancement
    5         Trust Fund and the Lottery Capital Outlay and Debt
    6         Service Trust Fund to provide for the redirection for
    7         classroom use and operations of a portion of the
    8         lottery funds appropriated each fiscal year for
    9         capital outlay and debt service; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 1010.70, Florida Statutes, is amended to
   15  read:
   16         1010.70 Educational Enhancement Trust Fund.—Each fiscal
   17  year, variable percentages of the gross revenue from the sale of
   18  online and instant lottery tickets as determined by the
   19  department, and other earned revenue, excluding application
   20  processing fees, shall be deposited in the Educational
   21  Enhancement Trust Fund as provided in s. 24.121. Notwithstanding
   22  any other provision of law to the contrary and beginning with
   23  the 2011-2012 fiscal year, 25 percent of the lottery funds
   24  deposited under this section each fiscal year and appropriated
   25  for fixed capital outlay and debt service shall be redirected to
   26  classroom use and operations. Funds redirected to classroom use
   27  and operations shall not substitute general funds previously
   28  allocated for classroom purposes.
   29         Section 2. Section 1013.71, Florida Statutes, is amended to
   30  read:
   31         1013.71 Lottery Capital Outlay and Debt Service Trust
   32  Fund.—
   33         (1)(a) The Lottery Capital Outlay and Debt Service Trust
   34  Fund is hereby created, to be administered by the Department of
   35  Education. Funds shall be credited to the trust fund from
   36  legislative appropriations and interest earnings. The purpose of
   37  the trust fund is to maintain and account for lottery funds
   38  appropriated for fixed capital outlay and debt service
   39  separately from lottery funds appropriated for current
   40  operations.
   41         (b) Notwithstanding the provisions of s. 216.301 and
   42  pursuant to s. 216.351, any balance in the trust fund at the end
   43  of any fiscal year shall remain in the trust fund and shall be
   44  available for carrying out the purposes of the trust fund.
   45         (2) Lottery funds appropriated for fixed capital outlay and
   46  debt service, along with any interest earned thereon, shall be
   47  transferred from the Educational Enhancement Trust Fund to the
   48  Lottery Capital Outlay and Debt Service Trust Fund.
   49         (3) Pursuant to the provisions of s. 19(f)(3), Art. III of
   50  the State Constitution, the trust fund is not subject to
   51  termination under s. 19(f)(2), Art. III of the State
   52  Constitution.
   53         (4) Notwithstanding any other provision of law to the
   54  contrary and beginning with the 2011-2012 fiscal year, 25
   55  percent of the lottery funds designated for capital outlay
   56  purposes under this section each fiscal year shall be redirected
   57  to classroom use and operations. Funds redirected to classroom
   58  use and operations shall not substitute general funds previously
   59  allocated for classroom purposes.
   60         Section 3. This act shall take effect July 1, 2011.