Florida Senate - 2014                                     SB 678
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00761C-14                                           2014678__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; terminating the
    3         Agricultural Law Enforcement Trust Fund, the Market
    4         Trade Show Trust Fund, and the Relocation and
    5         Construction Trust Fund within the Department of
    6         Agriculture and Consumer Services; providing for the
    7         disposition of balances in, revenues of, and all
    8         outstanding appropriations of the trust funds;
    9         prescribing procedures for the termination of the
   10         trust funds; creating s. 570.192, F.S.; providing for
   11         the administration and funding of the Administrative
   12         Trust Fund; creating s. 570.193, F.S.; providing for
   13         the administration and funding of the Federal Grants
   14         Trust Fund; creating s. 570.194, F.S.; providing for
   15         the administration and funding of the Florida
   16         Saltwater Products Promotion Trust Fund; creating s.
   17         570.321, F.S.; providing for the administration and
   18         funding of the Plant Industry Trust Fund; creating s.
   19         570.441, F.S.; providing for the administration and
   20         funding of the Pest Control Trust Fund; creating s.
   21         570.482, F.S.; providing for the administration and
   22         funding of the Citrus Inspection Trust Fund; creating
   23         s. 570.5481, F.S.; providing for the administration
   24         and funding of the Incidental Trust Fund; amending s.
   25         571.24, F.S.; adding collecting rental receipts for
   26         industry promotions to the list of departmental
   27         duties; amending s. 253.025, F.S.; redirecting
   28         proceeds from the Relocation and Construction Trust
   29         Fund to the Incidental Trust Fund; conforming
   30         provisions to changes made by the act; amending s.
   31         932.7055, F.S.; redirecting proceeds from the
   32         Agricultural Law Enforcement Trust Fund to the General
   33         Inspection Trust Fund; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. (1) The Agricultural Law Enforcement Trust Fund
   38  within the Department of Agriculture and Consumer Services,
   39  FLAIR number 42-2-025, is terminated.
   40         (2) All current balances remaining in, and all revenues of,
   41  the trust fund shall be transferred to the General Inspection
   42  Trust Fund within the Department of Agriculture and Consumer
   43  Services, FLAIR number 42-2-321.
   44         (3) The Department of Agriculture and Consumer Services
   45  shall pay any outstanding debts or obligations of the terminated
   46  fund as soon as practicable, and the Chief Financial Officer
   47  shall close out and remove the terminated fund from various
   48  state accounting systems using generally accepted accounting
   49  principles concerning warrants outstanding, assets, and
   50  liabilities.
   51         Section 2. (1) The Market Trade Show Trust Fund within the
   52  Department of Agriculture and Consumer Services, FLAIR number
   53  42-2-466, is terminated.
   54         (2) All current balances remaining in, and all revenues of,
   55  the trust fund shall be transferred to the Florida Agricultural
   56  Promotional Campaign Trust Fund within the Department of
   57  Agriculture and Consumer Services, FLAIR number 42-2-920.
   58         (3) The Department of Agriculture and Consumer Services
   59  shall pay any outstanding debts or obligations of the terminated
   60  fund as soon as practicable, and the Chief Financial Officer
   61  shall close out and remove the terminated fund from various
   62  state accounting systems using generally accepted accounting
   63  principles concerning warrants outstanding, assets, and
   64  liabilities.
   65         Section 3. (1) The Relocation and Construction Trust Fund
   66  within the Department of Agriculture and Consumer Services,
   67  FLAIR number 42-2-584, is terminated.
   68         (2) All current balances remaining in, all revenues of, and
   69  all outstanding appropriations of the trust fund shall be
   70  transferred to the Incidental Trust Fund within the Department
   71  of Agriculture and Consumer Services, FLAIR number 42-2-381.
   72         (3) The Department of Agriculture and Consumer Services
   73  shall pay any outstanding debts or obligations of the terminated
   74  fund as soon as practicable, and the Chief Financial Officer
   75  shall close out and remove the terminated fund from various
   76  state accounting systems using generally accepted accounting
   77  principles concerning warrants outstanding, assets, and
   78  liabilities.
   79         Section 4. Section 570.192, Florida Statutes, is created to
   80  read:
   81         570.192 Administrative Trust Fund.—
   82         (1) The Administrative Trust Fund shall be administered by
   83  the Department of Agriculture and Consumer Services.
   84         (2) Funds to be credited to and uses of the trust fund
   85  shall be administered in accordance with s. 215.32.
   86         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   87  any balance in the trust fund at the end of a fiscal year shall
   88  remain in the trust fund at the end of the year and be available
   89  for carrying out the purposes of the trust fund.
   90         Section 5. Section 570.193, Florida Statutes, is created to
   91  read:
   92         570.193 Federal Grants Trust Fund.—
   93         (1) The Federal Grants Trust Fund shall be administered by
   94  the Department of Agriculture and Consumer Services.
   95         (2) Funds to be credited to and uses of the trust fund
   96  shall be administered in accordance with s. 215.32.
   97         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   98  any balance in the trust fund at the end of a fiscal year shall
   99  remain in the trust fund at the end of the year and be available
  100  for carrying out the purposes of the trust fund.
  101         Section 6. Section 570.194, Florida Statutes, is created to
  102  read:
  103         570.194 Florida Saltwater Products Promotion Trust Fund.—
  104         (1) The Florida Saltwater Products Promotion Trust Fund
  105  shall be administered by the Department of Agriculture and
  106  Consumer Services.
  107         (2) Funds to be credited to and uses of the trust fund
  108  shall be administered in accordance with ss. 328.76 and 379.362.
  109         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  110  any balance in the trust fund at the end of a fiscal year shall
  111  remain in the trust fund at the end of the year and be available
  112  for carrying out the purposes of the trust fund.
  113         Section 7. Section 570.321, Florida Statutes, is created to
  114  read:
  115         570.321 Plant Industry Trust Fund.—
  116         (1) The Plant Industry Trust Fund shall be administered by
  117  the Department of Agriculture and Consumer Services.
  118         (2) Funds to be credited to and uses of the trust fund
  119  shall be administered in accordance with ss. 259.032, 581.031,
  120  581.141, 581.211, 581.212, 586.045, 586.15, 586.16, 593.114, and
  121  593.117.
  122         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  123  any balance in the trust fund at the end of a fiscal year shall
  124  remain in the trust fund at the end of the year and be available
  125  for carrying out the purposes of the trust fund.
  126         Section 8. Section 570.441, Florida Statutes, is created to
  127  read:
  128         570.441 Pest Control Trust Fund.—
  129         (1) The Pest Control Trust Fund shall be administered by
  130  the Department of Agriculture and Consumer Services.
  131         (2) Funds to be credited to and uses of the trust fund
  132  shall be administered in accordance with chapter 482.
  133         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  134  any balance in the trust fund at the end of a fiscal year shall
  135  remain in the trust fund at the end of the year and be available
  136  for carrying out the purposes of the trust fund.
  137         Section 9. Section 570.482, Florida Statutes, is created to
  138  read:
  139         570.482 Citrus Inspection Trust Fund.—
  140         (1) The Citrus Inspection Trust Fund shall be administered
  141  by the Department of Agriculture and Consumer Services.
  142         (2) Funds to be credited to and uses of the trust fund
  143  shall be administered in accordance with ss. 570.481, 573.118,
  144  581.091, 601.28, 601.281, and 601.59.
  145         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  146  any balance in the trust fund at the end of a fiscal year shall
  147  remain in the trust fund at the end of the year and be available
  148  for carrying out the purposes of the trust fund.
  149         Section 10. Section 570.5481, Florida Statutes, is created
  150  to read:
  151         570.5481 Incidental Trust Fund.—
  152         (1) The Incidental Trust Fund shall be administered by the
  153  Department of Agriculture and Consumer Services.
  154         (2) Funds to be credited to and uses of the trust fund
  155  shall be administered in accordance with ss. 125.27, 253.025,
  156  261.12, 317.0010, 317.0016, 589.011, 589.04, 589.11, 589.277,
  157  589.31, 590.02, 590.14, and 590.42.
  158         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  159  any balance in the trust fund at the end of a fiscal year shall
  160  remain in the trust fund at the end of the year and be available
  161  for carrying out the purposes of the trust fund.
  162         Section 11. Present subsections (4) through (9) of section
  163  571.24, Florida Statutes, are redesignated as subsections (5)
  164  through (10), respectively, and a new subsection (4) is added to
  165  that section, to read:
  166         571.24 Purpose; duties of the department.—The purpose of
  167  this part is to authorize the department to establish and
  168  coordinate the Florida Agricultural Promotional Campaign. The
  169  duties of the department shall include, but are not limited to:
  170         (4) Collecting rental receipts for industry promotions.
  171         Section 12. Paragraphs (b) and (d) of subsection (13) of
  172  section 253.025, Florida Statutes, are amended to read:
  173         253.025 Acquisition of state lands for purposes other than
  174  preservation, conservation, and recreation.—
  175         (13)
  176         (b) In the case of a sale by the Department of Agriculture
  177  and Consumer Services of a forestry facility, the proceeds of
  178  the sale shall go into the Department of Agriculture and
  179  Consumer Services Incidental Relocation and Construction Trust
  180  Fund. The Legislature may, at the request of the department,
  181  appropriate such money within the trust fund to the department
  182  for purchase of land and construction of a facility to replace
  183  the disposed facility. All proceeds other than land, from any
  184  sale, conveyance, exchange, trade, or transfer conducted as
  185  provided for in this subsection shall be placed within the
  186  department’s Incidental Relocation and Construction Trust Fund.
  187         (d) There is hereby created in the Department of
  188  Agriculture and Consumer Services the Relocation and
  189  Construction Trust Fund. The trust fund is to be used for the
  190  sole purpose of effectuating the orderly relocation of the
  191  forestry fire towers and work centers.
  192         Section 13. Paragraph (h) of subsection (6) of section
  193  932.7055, Florida Statutes, is amended to read:
  194         932.7055 Disposition of liens and forfeited property.—
  195         (6) If the seizing agency is a state agency, all remaining
  196  proceeds shall be deposited into the General Revenue Fund.
  197  However, if the seizing agency is:
  198         (h) The Department of Agriculture and Consumer Services,
  199  the proceeds accrued pursuant to the provisions of the Florida
  200  Contraband Forfeiture Act shall be deposited into the General
  201  Inspection Agricultural Law Enforcement Trust Fund or into the
  202  department’s Federal Law Enforcement Trust Fund as provided in
  203  s. 570.205, as applicable.
  204         Section 14. This act shall take effect July 1, 2014.