Florida Senate - 2013 SB 212
By Senator Hays
11-00337A-13 2013212__
1 A bill to be entitled
2 An act relating to trust funds; amending s. 379.204,
3 F.S.; providing that the Fish and Wildlife
4 Conservation Commission may return certain cash
5 balances transferred for cash flow needs when they are
6 no longer needed for that purpose; amending s.
7 379.207, F.S.; deleting a restriction on an
8 expenditure from the Lifetime Fish and Wildlife Trust
9 Fund; amending s. 379.212, F.S.; renaming the Fish and
10 Wildlife Habitat Program as the Land Acquisition Trust
11 Fund; creating s. 379.213, F.S.; providing for the
12 administration and funding of the Save the Manatee
13 Trust Fund; creating s. 379.214, F.S.; providing for
14 the administration and funding of the Invasive Plant
15 Control Trust Fund; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (3) of section 379.204, Florida
20 Statutes, is amended to read:
21 379.204 Federal Grants Trust Fund.—
22 (3) The commission may transfer the cash balance
23 originating from hunting and fishing license fees from other
24 trust funds into the Federal Grants Trust Fund for the purpose
25 of supporting cash flow needs and may return the cash balance to
26 the originating trust funds when no longer needed for cash flow
27 purposes. This subsection expires July 1, 2012.
28 Section 2. Paragraph (d) of subsection (3) of section
29 379.207, Florida Statutes, is amended, and paragraphs (e) and
30 (f) of that subsection are redesignated as paragraphs (d) and
31 (e), respectively, to read:
32 379.207 Lifetime Fish and Wildlife Trust Fund.—
33 (3) The fund is declared to constitute a special trust
34 derived from a contractual relationship between the state and
35 the members of the public whose investments contribute to the
36 fund. In recognition of such special trust, the following
37 limitations and restrictions are placed on expenditures from the
38 funds:
39 (d) No expenditures or disbursements from the interest
40 income derived from the sale of lifetime licenses shall be made
41 for any purpose until the respective holders of such licenses
42 attain the age of 16 years. The Fish and Wildlife Conservation
43 Commission as administrator of the fund shall determine
44 actuarially on an annual basis the amounts of interest income
45 within the fund which may be disbursed pursuant to this
46 paragraph. The director shall cause deposits of proceeds from
47 the sale of lifetime licenses to be identifiable by the ages of
48 the license recipients.
49 Section 3. Section 379.212, Florida Statutes, is amended to
50 read:
51 379.212 Land Acquisition Trust Fund Fish and Wildlife
52 Habitat Program.—
53 (1)(a) There is established within the Fish and Wildlife
54 Conservation Commission the Land Acquisition Trust Fund Fish and
55 Wildlife Habitat Program for the purpose of acquiring, assisting
56 other agencies or local governments in acquiring, or managing
57 lands important to the conservation of fish and wildlife.
58 (b) The Fish and Wildlife Conservation Commission or its
59 designee shall manage such lands for the primary purpose of
60 maintaining and enhancing their habitat value for fish and
61 wildlife. Other uses may be allowed that are not contrary to
62 this purpose.
63 (c) Where acquisition pursuant to this section will result
64 in state ownership of land, title shall be vested in the Board
65 of Trustees of the Internal Improvement Trust Fund as required
66 in chapter 253. Land acquisition pursuant to this section shall
67 be voluntary, negotiated acquisition and, where title is to be
68 vested in the Board of Trustees of the Internal Improvement
69 Trust Fund, is subject to the acquisition procedures of s.
70 253.025.
71 (d) Acquisition costs shall include purchase prices and
72 costs and fees associated with title work, surveys, and
73 appraisals required to complete an acquisition.
74 (2) Moneys which may be deposited into the Land Acquisition
75 Trust Fund for the purposes of this section may include, but not
76 be limited to, donations, grants, development-of-regional-impact
77 wildlife mitigation contributions, or legislative
78 appropriations. Preservation 2000 acquisition moneys and
79 Conservation and Recreation Lands management moneys shall not be
80 deposited into this fund.
81 Section 4. Section 379.213, Florida Statutes, is created to
82 read:
83 379.213 Save the Manatee Trust Fund.—
84 (1) The Save the Manatee Trust Fund shall be administered
85 by the Fish and Wildlife Conservation Commission.
86 (2) Funds to be credited to and uses of the trust fund
87 shall be administered in accordance with the provisions of ss.
88 320.08058, 328.66, 328.72, 328.74, 328.76, and 379.2431. The
89 Fish and Wildlife Conservation Commission may receive donations
90 for deposit into the Save the Manatee Trust Fund.
91 (3) Notwithstanding the provisions of s. 216.301 and
92 pursuant to s. 216.351, any balance in the trust fund at the end
93 of any fiscal year shall remain in the trust fund at the end of
94 the year and shall be available for carrying out the purposes of
95 the trust fund.
96 Section 5. Section 379.214, Florida Statutes, is created to
97 read:
98 379.214 Invasive Plant Control Trust Fund.—
99 (1) The Invasive Plant Control Trust Fund shall be
100 administered by the Fish and Wildlife Conservation Commission.
101 (2) Funds to be credited to and uses of the trust fund
102 shall be administered in accordance with the provisions of ss.
103 201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
104 (3) Notwithstanding the provisions of s. 216.301 and
105 pursuant to s. 216.351, any balance in the trust fund at the end
106 of any fiscal year shall remain in the trust fund at the end of
107 the year and shall be available for carrying out the purposes of
108 the trust fund.
109 Section 6. This act shall take effect July 1, 2013.