HB 705

1
A bill to be entitled
2An act relating to educational enhancement; creating
3the Educational Excellence Endowment Fund within the
4Statewide Florida College System institution direct-
5support organization; requiring that the Statewide
6Florida College System institution direct-support
7organization administer the endowment fund; providing
8purposes; requiring that the direct-support
9organization deposit revenues from gaming taxes and
10fees and other grants, gifts, and bequests of money
11into the endowment fund; requiring that the direct-
12support organization invest the funds and use only the
13interest accrued; creating the Juvenile Justice
14Education and Training Endowment Fund within the
15direct-support organization for the Department of
16Juvenile Justice; requiring that the direct-support
17organization administer the endowment fund; providing
18purposes; requiring that the direct-support
19organization deposit revenues from gaming taxes and
20fees and other grants, gifts, and bequests of money
21into the endowment fund; requiring that the direct-
22support organization invest the funds and use only the
23interest accrued; amending s. 24.121, F.S.; revising
24provisions relating to the allocation of revenues and
25the expenditure of funds deposited into the
26Educational Enhancement Trust Fund; requiring that the
27Department of Education transfer a specified
28percentage of the funds to the Statewide Florida
29College System institution direct-support organization
30and the direct-support organization for the Department
31of Juvenile Justice for the purpose of funding the
32Educational Excellence Endowment Fund and the Juvenile
33Justice Education and Training Endowment Fund;
34amending s. 285.710, F.S.; revising provisions
35relating to the Gaming Compact between the Seminole
36Tribe of Florida and the state; requiring that a
37specified percentage of the moneys paid by the Tribe
38be transferred from the General Revenue Fund to the
39Statewide Florida College System institution direct-
40support organization and the direct-support
41organization for the Department of Juvenile Justice
42for the purpose of funding the Educational Excellence
43Endowment Fund and the Juvenile Justice Education and
44Training Endowment Fund; amending s. 551.106, F.S.;
45revising provisions relating to the deposit and
46distribution of the slot machine revenue tax;
47requiring that the Chief Financial Officer transfer a
48specified percentage of the funds collected from the
49Pari-mutuel Wagering Trust Fund to the Statewide
50Florida College System institution direct-support
51organization and the direct-support organization for
52the Department of Juvenile Justice for the purpose of
53funding the Educational Excellence Endowment Fund and
54the Juvenile Justice Education and Training Endowment
55Fund; amending s. 849.086, F.S.; revising provisions
56relating to the taxes imposed on cardrooms; requiring
57that the Chief Financial Officer transfer a specified
58percentage of the funds to the Statewide Florida
59College System institution direct-support organization
60and the direct-support organization for the Department
61of Juvenile Justice for the purpose of funding the
62Educational Excellence Endowment Fund and the Juvenile
63Justice Education and Training Endowment Fund;
64providing an effective date.
65
66     WHEREAS, the Legislature finds that if an endowment fund
67had been created in which 2 percent of all lottery revenue
68generated from 1987 to 2011 were placed, the present value of
69the endowment fund would be worth over $320 million, and
70     WHEREAS, the Legislature intends to establish endowment
71funds within the Statewide Florida College System institution
72direct-support organization and the direct-support organization
73for the Department of Juvenile Justice for the purpose of
74providing additional financial support to enhance public
75education, and
76     WHEREAS, the Legislature intends for the state's gaming
77revenue and gifts and bequests from corporations, private
78foundations, and individuals to be deposited into the endowment
79funds and invested for the purpose of generating interest, and
80     WHEREAS, only the interest from the endowment funds may be
81used to support education program enhancements and activities
82related to employment and obtaining additional education
83opportunities, such as job certifications, college degrees, and
84reentry activities, NOW, THEREFORE,
85
86Be It Enacted by the Legislature of the State of Florida:
87
88     Section 1.  The Educational Excellence Endowment Fund is
89created within and shall be administered by the Statewide
90Florida College System institution direct-support organization
91established in s. 1004.71, Florida Statutes. The purpose of the
92endowment fund is to enhance education programs and activities
93related to employment by providing opportunities and programs,
94training for specialized job certifications, and specialized
95degree programs. The direct-support organization shall deposit
96revenues received from gaming taxes and fees and other grants,
97gifts, and bequests of money into the endowment fund. The
98direct-support organization shall invest the funds and shall use
99only the interest accrued on the investment of the funds for the
100purposes provided in this section.
101     Section 2.  The Juvenile Justice Education and Training
102Endowment Fund is created within and shall be administered by
103the direct-support organization established in s. 985.672,
104Florida Statutes. The purpose of the endowment fund is to
105enhance education programs and activities related to employment
106by providing programs for job certification, trade and college
107degree programs, and community reentry training. The direct-
108support organization shall deposit revenues received from gaming
109taxes and fees and other grants, gifts, and bequests of money
110into the endowment fund. The direct-support organization shall
111invest the funds and shall use only the interest accrued on the
112investment of the funds for the purposes provided in this
113section.
114     Section 3.  Subsection (2) of section 24.121, Florida
115Statutes, is amended to read:
116     24.121  Allocation of revenues and expenditure of funds for
117public education.-
118     (2)  Each fiscal year, variable percentages of the gross
119revenue from the sale of online and instant lottery tickets as
120determined by the department consistent with subsection (1), and
121other earned revenue, excluding application processing fees,
122shall be deposited in the Educational Enhancement Trust Fund,
123which is hereby created in the State Treasury to be administered
124by the Department of Education. The Department of Education
125shall transfer 1.5 percent of the funds deposited in the
126Educational Enhancement Trust Fund to the Statewide Florida
127College System institution direct-support organization
128established in s. 1004.71, and that amount shall be used to fund
129the Educational Excellence Endowment Fund. The Department of
130Education shall also transfer 0.5 percent of the funds deposited
131in the Educational Enhancement Trust Fund to the direct-support
132organization established in s. 985.672, and that amount shall be
133used to fund the Juvenile Justice Education and Training
134Endowment Fund. The Department of the Lottery shall transfer
135moneys to the Educational Enhancement Trust Fund at least once
136each quarter. Funds in the Educational Enhancement Trust Fund
137shall be used to the benefit of public education in accordance
138with the provisions of this act. Notwithstanding any other
139provision of law, lottery revenues transferred to the
140Educational Enhancement Trust Fund shall be reserved as needed
141and used to meet the requirements of the documents authorizing
142the bonds issued by the state pursuant to s. 1013.68, s.
1431013.70, or s. 1013.737 or distributed to school districts for
144the Classrooms First Program as provided in s. 1013.68. The Such
145lottery revenues are hereby pledged to the payment of debt
146service on bonds issued by the state pursuant to s. 1013.68, s.
1471013.70, or s. 1013.737. Debt service payable on bonds issued by
148the state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737
149shall be payable from, and is secured by a first lien on, the
150first lottery revenues transferred to the Educational
151Enhancement Trust Fund in each fiscal year. Amounts
152distributable to school districts that request the issuance of
153bonds pursuant to s. 1013.68(3) are hereby pledged to the such
154bonds pursuant to s. 11(d), Art. VII of the State Constitution.
155     Section 4.  Subsection (9) of section 285.710, Florida
156Statutes, is amended to read:
157     285.710  Compact authorization.-
158     (9)  The moneys paid by the Tribe to the state for the
159benefit of exclusivity under the compact ratified by this
160section shall be deposited into the General Revenue Fund. The
161moneys shall be distributed as follows:
162     (a)  One and one-half percent shall be transferred to the
163Statewide Florida College System institution direct-support
164organization established in s. 1004.71 and used to fund the
165Educational Excellence Endowment Fund.
166     (b)  One-half percent shall be transferred to the direct-
167support organization established in s. 985.672 and used to fund
168the Juvenile Justice Education and Training Endowment Fund.
169     (c)  Three percent of the amount paid by the Tribe to the
170state shall be designated as the local government share and
171shall be distributed as provided in subsections (10) and (11).
172     Section 5.  Paragraph (b) of subsection (2) of section
173551.106, 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
177shall be paid to the division for deposit into the Pari-mutuel
178Wagering Trust Fund for immediate transfer by the Chief
179Financial Officer for deposit as follows:
180     1.  Ninety-eight percent of the funds shall be deposited
181into the Educational Enhancement Trust Fund of the Department of
182Education. Any interest earnings on the tax revenues shall also
183be transferred to the Educational Enhancement Trust Fund.
184     2.  One and one-half percent of the funds shall be
185transferred to the Statewide Florida College System institution
186direct-support organization established in s. 1004.71 and used
187to fund the Educational Excellence Endowment Fund.
188     3.  One-half percent of the funds shall be transferred to
189the direct-support organization established in s. 985.672 and
190used to fund the Juvenile Justice Education and Training
191Endowment Fund.
192     Section 6.  Paragraph (c) of subsection (13) of section
193849.086, 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
197imposed by this section shall be paid to the division. The
198division shall deposit these sums with the Chief Financial
199Officer, 49 percent shall be one-half being credited to the
200Pari-mutuel Wagering Trust Fund, 49 percent shall be and one-
201half being credited to the General Revenue Fund, 1.5 percent
202shall be transferred to the Statewide Florida College System
203institution direct-support organization established in s.
2041004.71 and used to fund the Educational Excellence Endowment
205Fund, and 0.5 percent shall be transferred to the direct-support
206organization established in s. 985.672 and used to fund the
207Juvenile Justice Education and Training Endowment Fund. The
208cardroom licensee shall remit to the division payment for the
209admission tax, the gross receipts tax, and the licensee fees.
210The Such payments shall be remitted to the division on the fifth
211day of each calendar month for taxes and fees imposed for the
212preceding month's cardroom activities. Licensees shall file a
213report under oath by the fifth day of each calendar month for
214all taxes remitted during the preceding calendar month. The Such
215report shall, under oath, indicate the total of all admissions,
216the cardroom activities for the preceding calendar month, and
217such other information as may be prescribed by the division.
218     Section 7.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.