HB 1469

1
A bill to be entitled
2An act relating to educational enhancement funding;
3amending ss. 1010.70 and 1013.71, F.S.; revising
4provisions relating to the Educational Enhancement Trust
5Fund and the Lottery Capital Outlay and Debt Service Trust
6Fund to provide for the redirection for classroom use and
7operations of a portion of the lottery funds appropriated
8each fiscal year for capital outlay and debt service;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 1010.70, Florida Statutes, is amended
14to read:
15     1010.70  Educational Enhancement Trust Fund.-Each fiscal
16year, variable percentages of the gross revenue from the sale of
17online and instant lottery tickets as determined by the
18department, and other earned revenue, excluding application
19processing fees, shall be deposited in the Educational
20Enhancement Trust Fund as provided in s. 24.121. Notwithstanding
21any other provision of law to the contrary and beginning with
22the 2011-2012 fiscal year, 25 percent of the lottery funds
23deposited under this section each fiscal year and appropriated
24for fixed capital outlay and debt service shall be redirected to
25classroom use and operations. Funds redirected to classroom use
26and operations shall not substitute general funds previously
27allocated for classroom purposes.
28     Section 2.  Section 1013.71, Florida Statutes, is amended
29to read:
30     1013.71  Lottery Capital Outlay and Debt Service Trust
31Fund.-
32     (1)(a)  The Lottery Capital Outlay and Debt Service Trust
33Fund is hereby created, to be administered by the Department of
34Education. Funds shall be credited to the trust fund from
35legislative appropriations and interest earnings. The purpose of
36the trust fund is to maintain and account for lottery funds
37appropriated for fixed capital outlay and debt service
38separately from lottery funds appropriated for current
39operations.
40     (b)  Notwithstanding the provisions of s. 216.301 and
41pursuant to s. 216.351, any balance in the trust fund at the end
42of any fiscal year shall remain in the trust fund and shall be
43available for carrying out the purposes of the trust fund.
44     (2)  Lottery funds appropriated for fixed capital outlay
45and debt service, along with any interest earned thereon, shall
46be transferred from the Educational Enhancement Trust Fund to
47the Lottery Capital Outlay and Debt Service Trust Fund.
48     (3)  Pursuant to the provisions of s. 19(f)(3), Art. III of
49the State Constitution, the trust fund is not subject to
50termination under s. 19(f)(2), Art. III of the State
51Constitution.
52     (4)  Notwithstanding any other provision of law to the
53contrary and beginning with the 2011-2012 fiscal year, 25
54percent of the lottery funds designated for capital outlay
55purposes under this section each fiscal year shall be redirected
56to classroom use and operations. Funds redirected to classroom
57use and operations shall not substitute general funds previously
58allocated for classroom purposes.
59     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.