Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 754 Barcode 816910 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/13/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 isherebycreated 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 percentof the amount paid by the Tribe to the85stateshall 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 beone-half beingcredited to 115 the Pari-mutuel Wagering Trust Fund, 49 percent of which shall 116 beand one-half beingcredited 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. TheSuchpayments 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. TheSuchreport shall, under oath, indicate the 131 total of all admissions, the cardroom activities for the 132 preceding calendar month, andsuchother 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,