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House Bill 1155

Florida House of Representatives - 1997 HB 1155 By Representative Carlton 1 A bill to be entitled 2 An act relating to financial matters; amending 3 ss. 215.20 and 215.22, F.S.; providing that the 4 7 percent service charge for the cost of 5 general government which is deducted from the 6 proceeds of the county fuel tax and from the 7 Local Option Fuel Tax Trust Fund shall be 8 reduced over a specified period and shall be 9 eliminated for those funds on July 1, 2003; 10 providing that the additional 0.3 percent 11 service charge shall not be deducted from those 12 funds beginning July 1, 2003; providing 13 effective dates. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 215.20, Florida Statutes, 1996 18 Supplement, is amended to read: 19 215.20 Certain income and certain trust funds to 20 contribute to the General Revenue Fund.-- 21 (1) A service charge of 7 percent, representing the 22 estimated pro rata share of the cost of general government 23 paid from the General Revenue Fund, shall be deducted from all 24 income of a revenue nature deposited in all trust funds except 25 those enumerated in s. 215.22. Income of a revenue nature 26 shall include all earnings received or credited by such trust 27 funds, including the interest or benefit received from the 28 investment of the principal of such trust funds as may be 29 permitted by law. This provision shall be construed in favor 30 of the General Revenue Fund in each instance. All such 31 deductions shall be deposited in the General Revenue Fund. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 (2) Notwithstanding the provisions of subsection (1), 2 funds collected for peanut, soybean, or tobacco marketing 3 orders pursuant to chapter 570 and the Florida Citrus 4 Advertising Trust Fund shall be subject to a 3-percent service 5 charge, to be deposited in the General Revenue Fund. 6 (3) A service charge of 0.3 percent shall be deducted 7 from income of a revenue nature deposited in the trust funds 8 enumerated in subsection (4). Income of a revenue nature 9 shall include all earnings received or credited by such trust 10 funds, including the interest or benefit received from the 11 investment of the principal of such trust funds as may be 12 permitted by law. This provision shall be construed in favor 13 of the General Revenue Fund in each instance. All such 14 deductions shall be deposited in the General Revenue Fund. 15 (4) The income of a revenue nature deposited in the 16 following described trust funds, by whatever name designated, 17 is that from which the deductions authorized by subsection (3) 18 shall be made: 19 (a) The Fuel Tax Collection Trust Fund created by s. 20 206.875, except that, effective July 1, 2003, no deduction 21 shall be made from the proceeds of the county fuel tax 22 distributed pursuant to s. 206.60. 23 (b) All income derived from outdoor advertising and 24 overweight violations which is deposited in the State 25 Transportation Trust Fund created by s. 206.46. 26 (c) All taxes levied on motor fuels other than 27 gasoline levied pursuant to the provisions of s. 206.87(1)(a). 28 (d) The State Alternative Fuel User Fee Clearing Trust 29 Fund established pursuant to s. 206.879(1). 30 (e) The Local Alternative Fuel User Fee Clearing Trust 31 Fund established pursuant to s. 206.879(2). 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 (f) The Cigarette Tax Collection Trust Fund created by 2 s. 210.20. 3 (g) The Nonmandatory Land Reclamation Trust Fund 4 established pursuant to s. 211.3103. 5 (h) The Phosphate Research Trust Fund established 6 pursuant to s. 211.3103. 7 (i) The Land Reclamation Trust Fund established 8 pursuant to s. 211.32(1)(f). 9 (j) The Educational Certification and Service Trust 10 Fund created by s. 231.30. 11 (k) The trust funds administered by the Division of 12 Historical Resources of the Department of State. 13 (l) The Marine Resources Conservation Trust Fund 14 created by s. 370.0608, with the exception of those fees 15 collected for recreational saltwater fishing licenses as 16 provided in s. 370.0605. 17 (m) The Local Option Fuel Tax Trust Fund created 18 pursuant to s. 336.025. This paragraph is repealed July 1, 19 2003. 20 (n) The Florida Public Service Regulatory Trust Fund 21 established pursuant to s. 350.113. 22 (o) The State Game Trust Fund established by s. 23 372.09. 24 (p) The Special Disability Trust Fund created by s. 25 440.49. 26 (q) The Workers' Compensation Administration Trust 27 Fund created by s. 440.50(1)(a). 28 (r) The Employment Security Administration Trust Fund 29 created by s. 443.211(1). 30 (s) The Special Employment Security Administration 31 Trust Fund created by s. 443.211(2). 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 (t) The Professional Regulation Trust Fund established 2 pursuant to s. 455.219. 3 (u) The Speech-Language Pathology and Audiology Trust 4 Fund. 5 (v) The Division of Licensing Trust Fund established 6 pursuant to s. 493.6117. 7 (w) The Division of Florida Land Sales, Condominiums, 8 and Mobile Homes Trust Fund established pursuant to s. 9 498.019. 10 (x) The trust fund of the Division of Hotels and 11 Restaurants, as defined in s. 509.072, with the exception of 12 those fees collected for the purpose of funding of the 13 hospitality education program as stated in s. 509.302. 14 (y) The trust funds administered by the Division of 15 Pari-mutuel Wagering and the Florida Quarter Horse Racing 16 Promotion Trust Fund. 17 (z) The General Inspection Trust Fund and subsidiary 18 accounts thereof, unless a different percentage is authorized 19 by s. 570.20. 20 (aa) The Florida Citrus Advertising Trust Fund created 21 by s. 601.15(7), including transfers from any subsidiary 22 accounts thereof, unless a different percentage is authorized 23 in that section. 24 (bb) The Agents and Solicitors County Tax Trust Fund 25 created by s. 624.506. 26 (cc) The Insurance Commissioner's Regulatory Trust 27 Fund created by s. 624.523. 28 (dd) The Financial Institutions' Regulatory Trust Fund 29 established pursuant to s. 655.049. 30 (ee) The Crimes Compensation Trust Fund established 31 pursuant to s. 960.21. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 (ff) The Records Management Trust Fund established 2 pursuant to s. 257.375. 3 (gg) The Alcoholic Beverage and Tobacco Trust Fund 4 established pursuant to s. 561.025. 5 (hh) The Health Care Trust Fund established pursuant 6 to s. 455.2205. 7 (ii) The Police and Firefighters' Premium Tax Trust 8 Fund established within the Division of Retirement of the 9 Department of Management Services. 10 11 The enumeration of the foregoing moneys or trust funds shall 12 not prohibit the applicability thereto of s. 215.24 should the 13 Governor determine that for the reasons mentioned in s. 215.24 14 the money or trust funds should be exempt herefrom, as it is 15 the purpose of this law to exempt income from its force and 16 effect when, by the operation of this law, federal matching 17 funds or contributions or private grants to any trust fund 18 would be lost to the state. 19 (5) There is appropriated from the proper respective 20 trust funds from time to time such sums as may be necessary to 21 pay to the General Revenue Fund the service charges imposed by 22 this section. 23 (6) Notwithstanding the provisions of subsection (1), 24 the service charge provided for by subsection (1) which is 25 deducted from the proceeds of the county fuel tax distributed 26 pursuant to s. 206.60 and from the Local Option Fuel Tax Trust 27 Fund shall be reduced as follows: 28 (a) For the period July 1, 1997, through June 30, 29 1998, the rate of this charge shall be 6 percent. 30 (b) For the period July 1, 1998, through June 30, 31 1999, the rate of this charge shall be 5 percent. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 (c) For the period July 1, 1999, through June 30, 2 2000, the rate of this charge shall be 4 percent. 3 (d) For the period July 1, 2000, through June 30, 4 2001, the rate of this charge shall be 3 percent. 5 (e) For the period July 1, 2001, through June 30, 6 2002, the rate of this charge shall be 2 percent. 7 (f) For the period July 1, 2002, through June 30, 8 2003, the rate of this charge shall be 1 percent. 9 (g) Beginning July 1, 2003, and thereafter, no service 10 charge shall be deducted from the proceeds of the county fuel 11 tax distributed pursuant to s. 206.60 or from the Local Option 12 Fuel Tax Trust Fund pursuant to subsection (1). 13 Section 2. Effective July 1, 2003, paragraphs (s) and 14 (t) are added to subsection (1) of section 215.22, Florida 15 Statutes, 1996 Supplement, to read: 16 215.22 Certain income and certain trust funds 17 exempt.-- 18 (1) The following income of a revenue nature or the 19 following trust funds shall be exempt from the deduction 20 required by s. 215.20(1): 21 (s) The proceeds of the county fuel tax distributed 22 pursuant to s. 206.60. 23 (t) The Local Option Fuel Tax Trust Fund. 24 Section 3. Except as otherwise provided herein, this 25 act shall take effect July 1, 1997. 26 27 28 29 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1155 548-120-97 1 ***************************************** 2 HOUSE SUMMARY 3 Provides that the 7 percent service charge for the cost 4 of general government which is deducted from the proceeds of the county fuel tax and from the Local Option Fuel Tax 5 Trust Fund shall be reduced over a specified period and shall be eliminated for those funds on July 1, 2003. 6 Provides that the additional 0.3 percent service charge shall not be deducted from those funds beginning July 1, 7 2003. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7