| 1 | A bill to be entitled |
| 2 | An act relating to educational enhancement; creating |
| 3 | the Educational Excellence Endowment Fund within the |
| 4 | Statewide Florida College System institution direct- |
| 5 | support organization; requiring that the Statewide |
| 6 | Florida College System institution direct-support |
| 7 | organization administer the endowment fund; providing |
| 8 | purposes; requiring that the direct-support |
| 9 | organization deposit revenues from gaming taxes and |
| 10 | fees and other grants, gifts, and bequests of money |
| 11 | into the endowment fund; requiring that the direct- |
| 12 | support organization invest the funds and use only the |
| 13 | interest accrued; creating the Juvenile Justice |
| 14 | Education and Training Endowment Fund within the |
| 15 | direct-support organization for the Department of |
| 16 | Juvenile Justice; requiring that the direct-support |
| 17 | organization administer the endowment fund; providing |
| 18 | purposes; requiring that the direct-support |
| 19 | organization deposit revenues from gaming taxes and |
| 20 | fees and other grants, gifts, and bequests of money |
| 21 | into the endowment fund; requiring that the direct- |
| 22 | support organization invest the funds and use only the |
| 23 | interest accrued; amending s. 24.121, F.S.; revising |
| 24 | provisions relating to the allocation of revenues and |
| 25 | the expenditure of funds deposited into the |
| 26 | Educational Enhancement Trust Fund; requiring that the |
| 27 | Department of Education transfer a specified |
| 28 | percentage of the funds to the Statewide Florida |
| 29 | College System institution direct-support organization |
| 30 | and the direct-support organization for the Department |
| 31 | of Juvenile Justice for the purpose of funding the |
| 32 | Educational Excellence Endowment Fund and the Juvenile |
| 33 | Justice Education and Training Endowment Fund; |
| 34 | amending s. 285.710, F.S.; revising provisions |
| 35 | relating to the Gaming Compact between the Seminole |
| 36 | Tribe of Florida and the state; requiring that a |
| 37 | specified percentage of the moneys paid by the Tribe |
| 38 | be transferred from the General Revenue Fund to the |
| 39 | Statewide Florida College System institution direct- |
| 40 | support organization and the direct-support |
| 41 | organization for the Department of Juvenile Justice |
| 42 | for the purpose of funding the Educational Excellence |
| 43 | Endowment Fund and the Juvenile Justice Education and |
| 44 | Training Endowment Fund; amending s. 551.106, F.S.; |
| 45 | revising provisions relating to the deposit and |
| 46 | distribution of the slot machine revenue tax; |
| 47 | requiring that the Chief Financial Officer transfer a |
| 48 | specified percentage of the funds collected from the |
| 49 | Pari-mutuel Wagering Trust Fund to the Statewide |
| 50 | Florida College System institution direct-support |
| 51 | organization and the direct-support organization for |
| 52 | the Department of Juvenile Justice for the purpose of |
| 53 | funding the Educational Excellence Endowment Fund and |
| 54 | the Juvenile Justice Education and Training Endowment |
| 55 | Fund; amending s. 849.086, F.S.; revising provisions |
| 56 | relating to the taxes imposed on cardrooms; requiring |
| 57 | that the Chief Financial Officer transfer a specified |
| 58 | percentage of the funds to the Statewide Florida |
| 59 | College System institution direct-support organization |
| 60 | and the direct-support organization for the Department |
| 61 | of Juvenile Justice for the purpose of funding the |
| 62 | Educational Excellence Endowment Fund and the Juvenile |
| 63 | Justice Education and Training Endowment Fund; |
| 64 | providing an effective date. |
| 65 |
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| 66 | WHEREAS, the Legislature finds that if an endowment fund |
| 67 | had been created in which 2 percent of all lottery revenue |
| 68 | generated from 1987 to 2011 were placed, the present value of |
| 69 | the endowment fund would be worth over $320 million, and |
| 70 | WHEREAS, the Legislature intends to establish endowment |
| 71 | funds within the Statewide Florida College System institution |
| 72 | direct-support organization and the direct-support organization |
| 73 | for the Department of Juvenile Justice for the purpose of |
| 74 | providing additional financial support to enhance public |
| 75 | education, and |
| 76 | WHEREAS, the Legislature intends for the state's gaming |
| 77 | revenue and gifts and bequests from corporations, private |
| 78 | foundations, and individuals to be deposited into the endowment |
| 79 | funds and invested for the purpose of generating interest, and |
| 80 | WHEREAS, only the interest from the endowment funds may be |
| 81 | used to support education program enhancements and activities |
| 82 | related to employment and obtaining additional education |
| 83 | opportunities, such as job certifications, college degrees, and |
| 84 | reentry activities, NOW, THEREFORE, |
| 85 |
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| 86 | Be It Enacted by the Legislature of the State of Florida: |
| 87 |
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| 88 | Section 1. The Educational Excellence Endowment Fund is |
| 89 | created within and shall be administered by the Statewide |
| 90 | Florida College System institution direct-support organization |
| 91 | established in s. 1004.71, Florida Statutes. The purpose of the |
| 92 | endowment fund is to enhance education programs and activities |
| 93 | related to employment by providing opportunities and programs, |
| 94 | training for specialized job certifications, and specialized |
| 95 | degree programs. The direct-support organization shall deposit |
| 96 | revenues received from gaming taxes and fees and other grants, |
| 97 | gifts, and bequests of money into the endowment fund. The |
| 98 | direct-support organization shall invest the funds and shall use |
| 99 | only the interest accrued on the investment of the funds for the |
| 100 | purposes provided in this section. |
| 101 | Section 2. The Juvenile Justice Education and Training |
| 102 | Endowment Fund is created within and shall be administered by |
| 103 | the direct-support organization established in s. 985.672, |
| 104 | Florida Statutes. The purpose of the endowment fund is to |
| 105 | enhance education programs and activities related to employment |
| 106 | by providing programs for job certification, trade and college |
| 107 | degree programs, and community reentry training. The direct- |
| 108 | support organization shall deposit revenues received from gaming |
| 109 | taxes and fees and other grants, gifts, and bequests of money |
| 110 | into the endowment fund. The direct-support organization shall |
| 111 | invest the funds and shall use only the interest accrued on the |
| 112 | investment of the funds for the purposes provided in this |
| 113 | section. |
| 114 | Section 3. Subsection (2) of section 24.121, Florida |
| 115 | Statutes, is amended to read: |
| 116 | 24.121 Allocation of revenues and expenditure of funds for |
| 117 | public education.- |
| 118 | (2) Each fiscal year, variable percentages of the gross |
| 119 | revenue from the sale of online and instant lottery tickets as |
| 120 | determined by the department consistent with subsection (1), and |
| 121 | other earned revenue, excluding application processing fees, |
| 122 | shall be deposited in the Educational Enhancement Trust Fund, |
| 123 | which is hereby created in the State Treasury to be administered |
| 124 | by the Department of Education. The Department of Education |
| 125 | shall transfer 1.5 percent of the funds deposited in the |
| 126 | Educational Enhancement Trust Fund to the Statewide Florida |
| 127 | College System institution direct-support organization |
| 128 | established in s. 1004.71, and that amount shall be used to fund |
| 129 | the Educational Excellence Endowment Fund. The Department of |
| 130 | Education shall also transfer 0.5 percent of the funds deposited |
| 131 | in the Educational Enhancement Trust Fund to the direct-support |
| 132 | organization established in s. 985.672, and that amount shall be |
| 133 | used to fund the Juvenile Justice Education and Training |
| 134 | Endowment Fund. The Department of the Lottery shall transfer |
| 135 | moneys to the Educational Enhancement Trust Fund at least once |
| 136 | each quarter. Funds in the Educational Enhancement Trust Fund |
| 137 | shall be used to the benefit of public education in accordance |
| 138 | with the provisions of this act. Notwithstanding any other |
| 139 | provision of law, lottery revenues transferred to the |
| 140 | Educational Enhancement Trust Fund shall be reserved as needed |
| 141 | and used to meet the requirements of the documents authorizing |
| 142 | the bonds issued by the state pursuant to s. 1013.68, s. |
| 143 | 1013.70, or s. 1013.737 or distributed to school districts for |
| 144 | the Classrooms First Program as provided in s. 1013.68. The Such |
| 145 | lottery revenues are hereby pledged to the payment of debt |
| 146 | service on bonds issued by the state pursuant to s. 1013.68, s. |
| 147 | 1013.70, or s. 1013.737. Debt service payable on bonds issued by |
| 148 | the state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737 |
| 149 | shall be payable from, and is secured by a first lien on, the |
| 150 | first lottery revenues transferred to the Educational |
| 151 | Enhancement Trust Fund in each fiscal year. Amounts |
| 152 | distributable to school districts that request the issuance of |
| 153 | bonds pursuant to s. 1013.68(3) are hereby pledged to the such |
| 154 | bonds pursuant to s. 11(d), Art. VII of the State Constitution. |
| 155 | Section 4. Subsection (9) of section 285.710, Florida |
| 156 | Statutes, is amended to read: |
| 157 | 285.710 Compact authorization.- |
| 158 | (9) The moneys paid by the Tribe to the state for the |
| 159 | benefit of exclusivity under the compact ratified by this |
| 160 | section shall be deposited into the General Revenue Fund. The |
| 161 | moneys shall be distributed as follows: |
| 162 | (a) One and one-half percent shall be transferred to the |
| 163 | Statewide Florida College System institution direct-support |
| 164 | organization established in s. 1004.71 and used to fund the |
| 165 | Educational Excellence Endowment Fund. |
| 166 | (b) One-half percent shall be transferred to the direct- |
| 167 | support organization established in s. 985.672 and used to fund |
| 168 | the Juvenile Justice Education and Training Endowment Fund. |
| 169 | (c) Three percent of the amount paid by the Tribe to the |
| 170 | state shall be designated as the local government share and |
| 171 | shall be distributed as provided in subsections (10) and (11). |
| 172 | Section 5. Paragraph (b) of subsection (2) of section |
| 173 | 551.106, Florida Statutes, is amended to read: |
| 174 | 551.106 License fee; tax rate; penalties.- |
| 175 | (2) TAX ON SLOT MACHINE REVENUES.- |
| 176 | (b) The slot machine revenue tax imposed by this section |
| 177 | shall be paid to the division for deposit into the Pari-mutuel |
| 178 | Wagering Trust Fund for immediate transfer by the Chief |
| 179 | Financial Officer for deposit as follows: |
| 180 | 1. Ninety-eight percent of the funds shall be deposited |
| 181 | into the Educational Enhancement Trust Fund of the Department of |
| 182 | Education. Any interest earnings on the tax revenues shall also |
| 183 | be transferred to the Educational Enhancement Trust Fund. |
| 184 | 2. One and one-half percent of the funds shall be |
| 185 | transferred to the Statewide Florida College System institution |
| 186 | direct-support organization established in s. 1004.71 and used |
| 187 | to fund the Educational Excellence Endowment Fund. |
| 188 | 3. One-half percent of the funds shall be transferred to |
| 189 | the direct-support organization established in s. 985.672 and |
| 190 | used to fund the Juvenile Justice Education and Training |
| 191 | Endowment Fund. |
| 192 | Section 6. Paragraph (c) of subsection (13) of section |
| 193 | 849.086, Florida Statutes, is amended to read: |
| 194 | 849.086 Cardrooms authorized.- |
| 195 | (13) TAXES AND OTHER PAYMENTS.- |
| 196 | (c) Payment of the admission tax and gross receipts tax |
| 197 | imposed by this section shall be paid to the division. The |
| 198 | division shall deposit these sums with the Chief Financial |
| 199 | Officer, 49 percent shall be one-half being credited to the |
| 200 | Pari-mutuel Wagering Trust Fund, 49 percent shall be and one- |
| 201 | half being credited to the General Revenue Fund, 1.5 percent |
| 202 | shall be transferred to the Statewide Florida College System |
| 203 | institution direct-support organization established in s. |
| 204 | 1004.71 and used to fund the Educational Excellence Endowment |
| 205 | Fund, and 0.5 percent shall be transferred to the direct-support |
| 206 | organization established in s. 985.672 and used to fund the |
| 207 | Juvenile Justice Education and Training Endowment Fund. The |
| 208 | cardroom licensee shall remit to the division payment for the |
| 209 | admission tax, the gross receipts tax, and the licensee fees. |
| 210 | The Such payments shall be remitted to the division on the fifth |
| 211 | day of each calendar month for taxes and fees imposed for the |
| 212 | preceding month's cardroom activities. Licensees shall file a |
| 213 | report under oath by the fifth day of each calendar month for |
| 214 | all taxes remitted during the preceding calendar month. The Such |
| 215 | report shall, under oath, indicate the total of all admissions, |
| 216 | the cardroom activities for the preceding calendar month, and |
| 217 | such other information as may be prescribed by the division. |
| 218 | Section 7. This act shall take effect July 1, 2012. |