Florida Senate - 2023                                     SB 374
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00773-23                                            2023374__
    1                        A bill to be entitled                      
    2         An act relating to the Internal Revenue Service Civil
    3         Liability Trust Fund; creating s. 17.44, F.S.;
    4         creating the trust fund within the Department of
    5         Financial Services; providing sources of funds;
    6         specifying the purpose of the trust fund; requiring
    7         that any balance in the trust fund at the end of the
    8         fiscal year remain in the trust fund; exempting the
    9         trust fund from termination; providing a contingent
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 17.44, Florida Statutes, is created to
   15  read:
   16         17.44 Internal Revenue Service Civil Liability Trust Fund.—
   17         (1) The Internal Revenue Service Civil Liability Trust Fund
   18  is created within the department.
   19         (2) Funds shall be credited to the trust fund from
   20  legislative appropriations and interest earnings.
   21         (3) The trust fund shall be maintained and utilized for the
   22  sole purpose of reimbursement of reasonable attorney fees and
   23  costs incurred by a small business owner pursuant to s. 17.45.
   24         (4) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   25  any balance in the trust fund at the end of the fiscal year
   26  shall remain in the trust fund and shall be available for
   27  carrying out the purpose of the trust fund.
   28         (5) Pursuant to s. 19(f)(3), Art. III of the State
   29  Constitution, the trust fund is exempt from termination pursuant
   30  to s. 19(f)(2), Art. III of the State Constitution.
   31         Section 2. This act shall take effect on the same date that
   32  SB ___ or similar legislation takes effect, if such legislation
   33  is adopted in the same legislative session or an extension
   34  thereof and becomes a law.