Senate Bill 1648

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    Florida Senate - 1999                                  SB 1648

    By Senator Laurent





    17-1605-99

  1                      A bill to be entitled

  2         An act relating to juvenile justice; creating

  3         s. 985.421, F.S.; clarifying the role of the

  4         Department of Juvenile Justice in administering

  5         the Youth Welfare Trust Fund; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 985.421, Florida Statutes, is

11  created to read:

12         985.421  Welfare trust funds created; use of.--

13         (1)  All moneys now held in any auxiliary, canteen,

14  welfare, donated, or similar fund in any state program under

15  the jurisdiction of the Department of Juvenile Justice shall

16  be deposited in a welfare trust fund, which fund is created in

17  the State Treasury or in a place that the department

18  designates.  The money in the fund for each program of the

19  department, and which accrues thereto, is appropriated for the

20  benefit, education, and general welfare of youth in that

21  program.  The general welfare of youth includes, but is not

22  limited to, the establishment of, maintenance of, employment

23  of personnel for, and the purchase of items for resale at

24  canteens or vending machines maintained at the state programs

25  and for the establishment of, maintenance of, employment of

26  personnel for, and the operation of canteens, hobby shops,

27  recreational or entertainment facilities, sheltered workshops,

28  activity centers, farming projects, and similar facilities and

29  programs.

30         (2)  All moneys now held in any auxiliary, canteen,

31  welfare, donated, or similar fund in any district of the

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    Florida Senate - 1999                                  SB 1648
    17-1605-99




  1  department shall be deposited in a welfare trust fund, which

  2  is created in the State Treasury or in a place that the

  3  department designates.  Money in the fund of each district of

  4  the department, and which accrues thereto, is appropriated for

  5  the purpose for which the donor intended.  Absent specific

  6  intentions of donor, such moneys must be used for programs for

  7  the benefit, education, and general welfare of all youths of

  8  the department. All sales taxes collected by the department in

  9  a district for the Department of Revenue may be deposited into

10  the district trust fund to facilitate preparing consolidated

11  sales tax returns and remittals of sales tax to the Department

12  of Revenue.

13         (3)  The Department of Juvenile Justice shall deposit

14  in a welfare trust fund all receipts from the operation of

15  canteens, vending machines, hobby shops, sheltered workshops,

16  activity centers, farming projects, and other such facilities

17  designated as accruing to a specific welfare trust fund, and

18  any moneys which are assigned to a specific welfare trust fund

19  by youths or others.  Separate revenue and expense accounts

20  must be maintained in the department's accounting system for

21  each such facility.  Annually, the net proceeds, after

22  providing an allowance for depreciation, must be determined

23  for such facility and made available for expenditures for the

24  benefit and welfare of the youths of the department.  The

25  moneys in the fund constitute a trust held by the department

26  for the benefit and welfare of the youths of the department.

27         (4)  Any contraband found upon or in the possession of

28  any youth of the department shall be confiscated and

29  liquidated, and the proceeds thereof shall be deposited in a

30  welfare trust fund.

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    Florida Senate - 1999                                  SB 1648
    17-1605-99




  1         (5)  The department may invest in the manner authorized

  2  by law for fiduciaries any money in a welfare trust fund which

  3  is not necessary for immediate use.  Such investments may

  4  include, but are not limited to, investments in savings share

  5  accounts of any credit union chartered under the laws of the

  6  United States and doing business in this state, and savings

  7  share accounts of any credit union chartered under the laws of

  8  this state, provided that the credit union is insured under

  9  the federal share insurance program or an approved state share

10  insurance program.  The interest earned and other increments

11  derived from such investments of such money shall be deposited

12  in the welfare trust fund. Moneys required for current use may

13  be deposited in any bank, credit union, or savings and loan

14  association authorized to do business in this state, provided

15  that such deposits are insured under a federal depository or

16  share insurance program or under a state-approved depository

17  or share insurance program and provided such moneys are

18  available on demand.

19         (6)  The department shall maintain accounts in the

20  welfare trust fund for the sale of goods, services, or

21  products resulting from sheltered workshop, activity center,

22  and agricultural project operations; and each project shall be

23  accounted for separately in accordance with cost standards

24  established by the department. However, the cost of such

25  projects may not include any wage or salary expenditures

26  funded by a general revenue appropriation applicable to such

27  rehabilitative activities.  The cost of materials incorporated

28  in such products sold, if funded by an appropriation of

29  general revenue, must be restored to general revenue

30  unallocated at the end of the fiscal year of sale from the

31  proceeds of such sales.  The department may extend credit for

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    Florida Senate - 1999                                  SB 1648
    17-1605-99




  1  the sale of products produced in such activities, and for

  2  those sales made for its youths through its hobby shops, to

  3  purchasers of demonstrated credit standing sufficient to

  4  warrant the amount of credit extended after prudent evaluation

  5  of information relating to such credit standing.  The

  6  department may obtain credit reports from reputable credit

  7  reporting agencies to assure prudence in the extending of

  8  credit, except when payment is made by credit card, charge

  9  card, or debit card as authorized by s. 215.322.  The

10  department shall provide an allowance for doubtful accounts

11  for credit sales and record an expense in a like amount based

12  on a good-faith estimate, such allowance to be recorded as a

13  cost of such sales.  The net revenue after such allowance

14  shall be retained in the welfare trust fund and used only for

15  the benefit of the department's youths for whom the trust fund

16  is established.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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21                          SENATE SUMMARY

22    Creates welfare trust funds within the Department of
      Juvenile Justice and provides for its administration.
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