Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 754
       
       
       
       
       
       
                                Barcode 816910                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/13/2012           .                                
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       The Committee on Higher Education (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Educational Excellence Endowment Enhancement
    6  Fund is created within and shall be administered by the
    7  Department of Education’s direct-support organization
    8  established in s. 1001.24, Florida Statutes. The purpose of the
    9  endowment enhancement fund is to support education programs and
   10  activities from the interest generated by the endowment. The
   11  direct-support organization shall deposit revenues received from
   12  gaming taxes and fees and other grants, gifts, and bequests of
   13  money into the endowment enhancement fund. The direct-support
   14  organization shall invest the funds and shall use only the
   15  interest accrued on the investment of the funds for the purposes
   16  provided in this section.
   17         Section 2. The Juvenile Justice Education and Training
   18  Endowment Fund is created within and shall be administered by
   19  the direct-support organization established in s. 985.672,
   20  Florida Statutes. The purpose of the endowment fund is to
   21  enhance education programs and activities related to employment
   22  by providing programs for job certification, trade and college
   23  programs, and community reentry training. The direct-support
   24  organization shall deposit revenues received from gaming taxes
   25  and fees and other grants, gifts, and bequests of money into the
   26  endowment fund. The direct-support organization shall invest the
   27  funds and shall use only the interest accrued on the investment
   28  of the funds for the purposes provided in this section.
   29         Section 3. Subsection (2) of section 24.121, Florida
   30  Statutes, is amended to read:
   31         24.121 Allocation of revenues and expenditure of funds for
   32  public education.—
   33         (2) Each fiscal year, variable percentages of the gross
   34  revenue from the sale of online and instant lottery tickets as
   35  determined by the department consistent with subsection (1), and
   36  other earned revenue, excluding application processing fees,
   37  shall be deposited in the Educational Enhancement Trust Fund,
   38  which is hereby created in the State Treasury to be administered
   39  by the Department of Education. The Department of Education
   40  shall transfer 1.5 percent of the funds deposited in the
   41  Educational Enhancement Trust Fund to the Department of
   42  Education’s direct-support organization established in s.
   43  1001.24, and that amount shall be used to fund the Educational
   44  Excellence Endowment Enhancement Fund. The Department of
   45  Education shall also transfer 0.5 percent of the funds deposited
   46  in the Educational Enhancement Trust Fund to the direct-support
   47  organization established in s. 985.672, and that amount shall be
   48  used to fund the Juvenile Justice Education and Training
   49  Endowment Fund. The Department of the Lottery shall transfer
   50  moneys to the Educational Enhancement Trust Fund at least once
   51  each quarter. Funds in the Educational Enhancement Trust Fund
   52  shall be used to the benefit of public education in accordance
   53  with the provisions of this act. Notwithstanding any other
   54  provision of law, lottery revenues transferred to the
   55  Educational Enhancement Trust Fund shall be reserved as needed
   56  and used to meet the requirements of the documents authorizing
   57  the bonds issued by the state pursuant to s. 1013.68, s.
   58  1013.70, or s. 1013.737 or distributed to school districts for
   59  the Classrooms First Program as provided in s. 1013.68. Such
   60  lottery revenues are hereby pledged to the payment of debt
   61  service on bonds issued by the state pursuant to s. 1013.68, s.
   62  1013.70, or s. 1013.737. Debt service payable on bonds issued by
   63  the state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737
   64  shall be payable from, and is secured by a first lien on, the
   65  first lottery revenues transferred to the Educational
   66  Enhancement Trust Fund in each fiscal year. Amounts
   67  distributable to school districts that request the issuance of
   68  bonds pursuant to s. 1013.68(3) are hereby pledged to such bonds
   69  pursuant to s. 11(d), Art. VII of the State Constitution.
   70         Section 4. Subsection (9) of section 285.710, Florida
   71  Statutes, is amended to read:
   72         285.710 Compact authorization.—
   73         (9) The moneys paid by the Tribe to the state for the
   74  benefit of exclusivity under the compact ratified by this
   75  section shall be deposited into the General Revenue Fund. The
   76  moneys shall be distributed as follows:
   77         (a) One and one-half percent shall be transferred to the
   78  Department of Education’s direct-support organization
   79  established in s. 1001.24 and used to fund the Educational
   80  Excellence Endowment Enhancement Fund.
   81         (b) One-half percent shall be transferred to the direct
   82  support organization established in s. 985.672 and used to fund
   83  the Juvenile Justice Education and Training Endowment Fund.
   84         (c) Three percent of the amount paid by the Tribe to the
   85  state shall be designated as the local government share and
   86  shall be distributed as provided in subsections (10) and (11).
   87         Section 5. Paragraph (b) of subsection (2) of section
   88  551.106, Florida Statutes, is amended to read:
   89         551.106 License fee; tax rate; penalties.—
   90         (2) TAX ON SLOT MACHINE REVENUES.—
   91         (b) The slot machine revenue tax imposed by this section
   92  shall be paid to the division for deposit into the Pari-mutuel
   93  Wagering Trust Fund for immediate transfer by the Chief
   94  Financial Officer for deposit as follows:
   95         1. Ninety-eight percent of the funds shall be deposited
   96  into the Educational Enhancement Trust Fund of the Department of
   97  Education. Any interest earnings on the tax revenues shall also
   98  be transferred to the Educational Enhancement Trust Fund.
   99         2. One and one-half percent of the funds shall be
  100  transferred to the Department of Education’s direct-support
  101  organization established in s. 1001.24 and used to fund the
  102  Educational Excellence Endowment Enhancement Fund.
  103         3. One-half percent of the funds shall be transferred to
  104  the direct-support organization established in s. 985.672 and
  105  used to fund the Juvenile Justice Education and Training
  106  Endowment Fund.
  107         Section 6. Paragraph (c) of subsection (13) of section
  108  849.086, Florida Statutes, is amended to read:
  109         849.086 Cardrooms authorized.—
  110         (13) TAXES AND OTHER PAYMENTS.—
  111         (c) Payment of the admission tax and gross receipts tax
  112  imposed by this section shall be paid to the division. The
  113  division shall deposit these sums with the Chief Financial
  114  Officer, 49 percent of which shall be one-half being credited to
  115  the Pari-mutuel Wagering Trust Fund, 49 percent of which shall
  116  be and one-half being credited to the General Revenue Fund, 1.5
  117  percent of which shall be transferred to the Department of
  118  Education’s direct-support organization established in s.
  119  1001.24 and used to fund the Educational Excellence Endowment
  120  Enhancement Fund, and 0.5 percent of which shall be transferred
  121  to the direct-support organization established in s. 985.672 and
  122  used to fund the Juvenile Justice Education and Training
  123  Endowment Fund. The cardroom licensee shall remit to the
  124  division payment for the admission tax, the gross receipts tax,
  125  and the licensee fees. The Such payments shall be remitted to
  126  the division on the fifth day of each calendar month for taxes
  127  and fees imposed for the preceding month’s cardroom activities.
  128  Licensees shall file a report under oath by the fifth day of
  129  each calendar month for all taxes remitted during the preceding
  130  calendar month. The Such report shall, under oath, indicate the
  131  total of all admissions, the cardroom activities for the
  132  preceding calendar month, and such other information as may be
  133  prescribed by the division.
  134         Section 7. This act shall take effect July 1, 2012.
  135  
  136  ================= T I T L E  A M E N D M E N T ================
  137         And the title is amended as follows:
  138         Delete everything before the enacting clause
  139  and insert:
  140                        A bill to be entitled                      
  141         An act relating to educational enhancement; creating
  142         the Educational Excellence Endowment Enhancement Fund
  143         within the Department of Education’s direct-support
  144         organization; requiring that the direct-support
  145         organization administer the endowment enhancement
  146         fund; providing purposes; requiring that the direct
  147         support organization deposit revenues from gaming
  148         taxes and fees and other grants, gifts, and bequests
  149         of money into the endowment enhancement fund;
  150         requiring that the direct-support organization invest
  151         the funds and use only the interest accrued; creating
  152         the Juvenile Justice Education and Training Endowment
  153         Fund within the direct-support organization for the
  154         Department of Juvenile Justice; requiring that the
  155         direct-support organization administer the endowment
  156         fund; providing purposes; requiring that the direct
  157         support organization deposit revenues from gaming
  158         taxes and fees and other grants, gifts, and bequests
  159         of money into the endowment fund; requiring that the
  160         direct-support organization invest the funds and use
  161         only the interest accrued; amending s. 24.121, F.S.;
  162         revising provisions relating to the allocation of
  163         revenues and the expenditure of funds deposited into
  164         the Educational Enhancement Trust Fund; requiring that
  165         the Department of Education transfer a specified
  166         percentage of the funds to the Department of
  167         Education’s direct-support organization and the
  168         direct-support organization for the Department of
  169         Juvenile Justice for the purpose of funding the
  170         Educational Excellence Endowment Enhancement Fund and
  171         the Juvenile Justice Education and Training Endowment
  172         Fund; amending s. 285.710, F.S.; revising provisions
  173         relating to the Gaming Compact between the Seminole
  174         Tribe of Florida and the state; requiring that a
  175         specified percentage of the moneys paid by the Tribe
  176         be transferred from the General Revenue Fund to the
  177         Department of Education’s direct-support organization
  178         and the direct-support organization for the Department
  179         of Juvenile Justice for the purpose of funding the
  180         Educational Excellence Endowment Enhancement Fund and
  181         the Juvenile Justice Education and Training Endowment
  182         Fund; amending s. 551.106, F.S.; revising provisions
  183         relating to the deposit and distribution of the slot
  184         machine revenue tax; requiring that the Chief
  185         Financial Officer transfer a specified percentage of
  186         the funds collected from the Pari-mutuel Wagering
  187         Trust Fund to the Department of Education’s direct
  188         support organization and the direct-support
  189         organization for the Department of Juvenile Justice
  190         for the purpose of funding the Educational Excellence
  191         Endowment Enhancement Fund and the Juvenile Justice
  192         Education and Training Endowment Fund; amending s.
  193         849.086, F.S.; revising provisions relating to the
  194         taxes imposed on cardrooms; requiring that the Chief
  195         Financial Officer transfer a specified percentage of
  196         the funds to the Department of Education’s direct
  197         support organization and the direct-support
  198         organization for the Department of Juvenile Justice
  199         for the purpose of funding the Educational Excellence
  200         Endowment Enhancement Fund and the Juvenile Justice
  201         Education and Training Endowment Fund; providing an
  202         effective date.
  203  
  204         WHEREAS, the Legislature finds that if an endowment fund
  205  had been created in which 2 percent of all lottery revenues
  206  generated from 1987 to 2011 were placed, the present value of
  207  the endowment fund would be worth over $320 million, and
  208         WHEREAS, the Legislature intends to establish endowment
  209  funds within the Department of Education’s direct-support
  210  organization and the direct-support organization for the
  211  Department of Juvenile Justice for the purpose of providing
  212  additional financial support to enhance public education, and
  213         WHEREAS, the Legislature intends for the state’s gaming
  214  revenue and gifts and bequests from corporations, private
  215  foundations, and individuals to be deposited into the endowment
  216  funds and invested for the purpose of generating interest, and
  217         WHEREAS, only the interest from the endowment funds may be
  218  used to support education program enhancements and activities
  219  related to employment and obtaining additional education
  220  opportunities, such as job certifications, college degrees, and
  221  reentry activities, NOW, THEREFORE,