HOUSE AMENDMENT Bill No. CS/SB 934
1	CHAMBER ACTION
2	Senate House
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12	Representative Waters offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. (1) The following trust funds within the
17	Department of State are terminated:
18	(a) The Coconut Grove Playhouse Trust Fund, FLAIR number
19	45-2-097.
20	(b) The Public Access Data Systems Trust Fund, FLAIR
21	number 45-2-542.
22	(2) All current balances remaining in and all revenues of
23	the trust funds terminated by this section shall be transferred
24	to the General Revenue Fund. The Department of State shall pay
25	any outstanding debts or obligations of each terminated trust
26	fund as soon as practicable, and the Chief Financial Officer
27	shall close out and remove the terminated trust funds from the
28	various state accounting systems using generally accepted
29	accounting principles concerning warrants outstanding, assets,
30	and liabilities.
31	Section 2. Section 15.09, Florida Statutes, is amended to
32	read:
33	15.09 Fees.--
34	(1) The fees, except as provided by law, to be collected
35	by the Department of State, are:
36	(a) For searching of papers or records, $3.50, except that
37	there shall be no charge for telephone requests for general
38	corporate information, including the corporation's status, names
39	of officers and directors, address of principal place of
40	business, and name and address of resident agent.
41	(b) For providing a certificate with seal, $8.75; however,
42	no fee shall be charged for providing a certificate with seal to
43	any officer appointed to an office requiring Senate
44	confirmation.
45	(c) For furnishing statistical information and for copying
46	any document not mentioned, $1 per page or fraction thereof.
47	(2) The department may in its discretion establish a
48	reasonable fee for filing or copying any document or instrument
49	not mentioned herein or provided for in other laws.
50	(3) All fees arising from certificates of election or
51	appointment to office and from commissions to officers shall be
52	paid to the Treasurer for deposit in the General Revenue Fund.
53	(4) All funds collected by the Division of Corporations of
54	the department shall be deposited in the Corporations Trust
55	Fund.
56	(5)(a) There is created within the Department of State a
57	Public Access Data Systems Trust Fund, which shall be used by
58	the department to purchase information systems and equipment
59	that provide greater public accessibility to the information and
60	records maintained by it. Notwithstanding any other provision of
61	law, the Divisions of Licensing, Elections, and Corporations of
62	the department shall transfer each fiscal year to the Public
63	Access Data Systems Trust Fund from their respective trust
64	funds:
65	1. An amount equal to 2 percent of all revenues received
66	for the processing of documents, filings, or information
67	requests.
68	2. All public access network revenues collected pursuant
69	to s. 15.16 or s. 119.085.
70	(b) Funds from the Public Access Data Systems Trust Fund
71	may be appropriated for the operations of the department.
72	Section 3. Subsection (1) of section 215.22, Florida
73	Statutes, as amended by section 63 of chapter 2002-402, Laws of
74	Florida, is amended to read:
75	215.22 Certain income and certain trust funds exempt.--
76	(1) The following income of a revenue nature or the
77	following trust funds shall be exempt from the deduction
78	required by s. 215.20(1):
79	(a) Student financial aid or prepaid tuition receipts.
80	(b) Trust funds administered by the Department of the
81	Lottery.
82	(c) Departmental administrative assessments for
83	administrative divisions.
84	(d) Funds charged by a state agency for services provided
85	to another state agency, by a state agency for services provided
86	to the judicial branch, or by the judicial branch for services
87	provided to a state agency.
88	(e) State, agency, or political subdivision investments by
89	the Treasurer.
90	(f) Retirement or employee benefit funds.
91	(g) Self-insurance programs administered by the Treasurer.
92	(h) Funds held for the payment of citrus canker
93	eradication and compensation.
94	(i) Medicaid, Medicare, or third-party receipts for client
95	custodial care.
96	(j) Bond proceeds or revenues dedicated for bond
97	repayment, except for the Documentary Stamp Clearing Trust Fund
98	administered by the Department of Revenue.
99	(k) Trust funds administered by the Department of
100	Education.
101	(l) Trust funds administered by the Department of
102	Transportation.
103	(m) Trust funds administered by the Department of
104	Agriculture and Consumer Services.
105	(n) The Motor Vehicle License Clearing Trust Fund.
106	(o) The Solid Waste Management Trust Fund.
107	(p) The Coconut Grove Playhouse Trust Fund.
108	(p)(q)The Communications Working Capital Trust Fund of
109	the Department of Management Services.
110	(q)(r)The Camp Blanding Management Trust Fund.
111	(r)(s)The Indigent Criminal Defense Trust Fund.
112	(s)(t)That portion of the Highway Safety Operating Trust
113	Fund funded by the motorcycle safety education fee collected
114	pursuant to s. 320.08(1)(c).
115	(t)(u)The Save the Manatee Trust Fund.
116	(u)(v)Tobacco Settlement Trust Funds administered by any
117	agency.
118	(v)(w)The Save Our Everglades Trust Fund.
119	(w)(x)The Florida Center for Nursing Trust Fund.
120	Section 4. Subsection (4) of section 265.284, Florida
121	Statutes, is amended to read:
122	265.284 Chief cultural officer; director of division;
123	powers and duties.--
124	(4) There is created the Florida Fine Arts Trust Fund to
125	be administered by the Department of State for the purposes set
126	forth by law. The Florida Fine Arts Trust Fund shall consist of
127	moneys appropriated by the Legislature and moneys contributed to
128	the fund from any other sourcereceive distributions as provided
129	in s. 320.08058.
130	Section 5. Section 265.2861, Florida Statutes, is amended
131	to read:
132	265.2861 Cultural Institutions Program; trust fund.--
133	(1) CULTURAL INSTITUTIONS TRUST FUND.--There is created a
134	Cultural Institutions Trust Fund to be administered by the
135	Department of State for the purposes set forth in this section.
136	and to support the following programs as follows:
137	(a) For statewide arts grants, $2.7 million.
138	(b) For arts in education and visiting arts programs,
139	$250,000.
140	(c) For the State Touring Program, $200,000. First
141	priority for the issuance of State Touring Program grants shall
142	be given to applicants that reside in counties with a population
143	of 75,000 or less.
144	(d) For local arts agencies or state service
145	organizations, $400,000.
146	(e)1. For the officially designated Art Museum of the
147	State of Florida described in s. 1004.45, $2.2 million, and for
148	state-owned cultural facilities assigned to the Department of
149	State, which receive a portion of any operating funds from the
150	Department of State and one of the primary purposes of which is
151	the presentation of fine arts or performing arts, $500,000.
152	2. For fiscal year 2001-2002 only, the provisions of
153	subparagraph 1. relating to state-owned cultural facilities
154	shall not be applicable. This subparagraph expires July 1, 2002.
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156	The trust fund shall consist of moneys appropriated by the
157	Legislature, moneys deposited pursuant to s. 607.1901(2),and
158	moneys contributed to the fund from any other source.
159	(2) CULTURAL INSTITUTIONS PROGRAM.--
160	(a) There is created within the Department of State a
161	Cultural Institutions Program.
162	(b) The Department of State shall establish, by rule,
163	criteria for the award of grants to cultural organizations,
164	including criteria relating to program quality, potential public
165	exposure and benefit, fiscal stability, ability to properly
166	administer grant funds, procedures for peer evaluation, and
167	other matters deemed necessary and appropriate to further the
168	purposes of this section. The Division of Cultural Affairs shall
169	award grants to supplement the financial support of cultural
170	organizations that have displayed a sustained commitment to
171	cultural excellence and to recognize organizations for superior
172	cultural contributions that have regional or statewide impact.
173	(c) Cultural organizations shall receive funding by the
174	Division of Cultural Affairs from the Cultural Institutions
175	Trust Fund.
176	(d) Except for programs that receive funds for challenge
177	grants, grants promoting arts education, grants for touring
178	programs, and grants for international cultural exchange
179	programs, an organization that receives a grant under the
180	Cultural Institutions Program is precluded from receiving funds
181	from other art grants programs administered under s. 265.286, s.
182	265.608, or s. 265.609, by the Division of Cultural Affairs.
183	(d)(e)1. Upon appropriation by the Legislature of funds
184	for the Cultural Institutions Program, the Department of State
185	shall execute a contract with each organization, which must
186	contain information relative to the program, the projected
187	operating income and expenses, and other provisions deemed
188	necessary by the department for the administration of the
189	program.
190	2. Each recipient organization must submit an annual
191	report to the Division of Cultural Affairs detailing the
192	expenditure of funds and is subject to the auditing provisions
193	and rules of the division.
194	(e)(f)Each organization shall cause an annual postaudit
195	or independent attestation of its financial accounts, to be
196	conducted by an independent certified public accountant. The
197	annual audit report must be submitted to the Department of State
198	for review. The department may require and receive from the
199	recipient institution, or from its independent auditor, any
200	detail or supplemental data relative to the operation of such
201	institution.
202	(f)(g)The Department of State shall adopt rules necessary
203	to administer this section.
204	Section 6. Section 265.2901, Florida Statutes, is
205	repealed.
206	Section 7. Section 267.0617, Florida Statutes, is amended
207	to read:
208	267.0617 Historic Preservation Grant Program.--
209	(1) There is hereby created within the division the
210	Historic Preservation Grant Program, which shall make grants of
211	moneys appropriated by the Legislature, moneys deposited
212	pursuant to ss. 550.0351(2) and 607.1901(2)(g), and moneys
213	contributed for that purpose from any other source. The program
214	funds shall be used by the division for the purpose of financing
215	grants in furtherance of the purposes of this section.
216	(1)(2) The division mayis authorized to conduct and carry
217	out a program to provideofhistoric preservation grants-in-aid,
218	including matching grants, to any department or agency of the
219	state; any unit of county, municipal, or other local government;
220	any corporation, partnership, or other organization, whether
221	public or private or whether or not for profit; or any
222	individual for projects having as their purpose the
223	identification, acquisition, protection, preservation,
224	rehabilitation, restoration, or construction of historic sites
225	and properties, or Florida history, or the planning of such
226	activities. Funds appropriated from general revenue for the
227	historic preservation grants-in-aid program shall not be
228	provided for a project owned by private individuals or owned by
229	for-profit corporations. All moneys received from any source as
230	appropriations, deposits, or contributions to this program shall
231	be paid and credited to the Historical Resources Operating Trust
232	Fund.
233	(2)(3)All grants of state funds to assist the
234	preservation of historic properties shall be made from the
235	Historical Resources Operating Trust Fund and may be awarded
236	only pursuant to applications for such assistance made to the
237	Division of Historical Resources. The Florida Historical
238	Commission shall review each application for a special category
239	historic preservation grant-in-aid. Special category historic
240	preservation grants-in-aid are those reviewed and recommended by
241	the Secretary of State for submission for legislative funding
242	consideration. Grant review panels appointed by the Secretary of
243	State and chaired by a member of the Florida Historical
244	Commission shall review each application for other historic
245	preservation grants-in-aid. The reviewing body shall submit
246	annually to the Secretary of State for approval lists of all
247	applications that are recommended by the reviewing body for the
248	award of grants, arranged in order of priority.
249	(3)(4)The Division of Historical Resources may accept and
250	administer moneys appropriated to it for the purpose of
251	providing grants for the projects approved by the Secretary of
252	State.
253	(4)(5)The Division of Historical Resources shall adopt
254	rules prescribing the criteria to be applied by the Florida
255	Historical Commission and the grant review panels in
256	recommending applications for the award of grants and rules
257	providing for the administration of the other provisions of this
258	section.
259	Section 8. Subsection (12) of section 320.08058, Florida
260	Statutes, is amended to read:
261	320.08058 Specialty license plates.--
262	(12) FLORIDA ARTS LICENSE PLATES.--
263	(a) The Department of Highway Safety and Motor Vehicles
264	shall develop a Florida arts license plate as provided in this
265	section. In small letters, the word "Florida" must appear at the
266	top of the plate, and the word "Art" or "Arts" or a combination
267	of words including the word "Art" or "Arts" may appear at the
268	bottom of the plate.
269	(b) The license plate annual use fees are to be annually
270	distributed as follows:
271	1. All fees collected must be forwarded quarterly to the
272	single arts council officially designated by the county, in
273	direct proportion to the amount of fees collected in each
274	county. If there is no county arts council, the fees collected
275	must be forwarded to such other agency designated by the county,
276	which shall apply the funds to support arts organizations, arts
277	programs, and arts activities within the countyDivision of
278	Cultural Affairs of the Department of State, together with a
279	report setting forth the amount of such fees collected in each
280	county, and must be deposited into the Florida Fine Arts Trust
281	Fund.
282	2. The Division of Cultural Affairs shall distribute the
283	fees forwarded to it by the department to the counties in the
284	amounts set forth in the report required under subparagraph 1.,
285	in each case to the county arts council for such county or, if
286	there is none, to such other agency in the county as the
287	division designates, to be applied by the council or agency to
288	support art organizations, programs, and activities within the
289	county.
290	(c) The Division of Cultural Affairs shall have the
291	authority to administer this subsection under rules established
292	by the Division of Cultural Affairs. The agency may adopt only
293	rules that implement, interpret, or make specific the particular
294	powers and duties granted by this subsection.
295	Section 9. Subsection (2) of section 607.1901, Florida
296	Statutes, is amended to read:
297	607.1901 Corporations Trust Fund creation; transfer of
298	funds.--
299	(2)(a) The Legislature shall appropriate from the fund
300	such amounts as it deems necessary for the operation of the
301	division.
302	(b) An amount equal to 2.9 percent of all moneys deposited
303	each month in the fund is transferred to the Corporation Tax
304	Administration Trust Fund created pursuant to s. 213.31.
305	(c) In the last six months of any fiscal year, an amount
306	equal to 43 percent of all moneys deposited each month into the
307	fund is transferred to the General Revenue Fund.
308	(d) The division shall transfer from the trust fund to the
309	Cultural Institutions Trust Fund, quarterly, the amount of $10
310	from each corporate annual report fee collected by the division
311	and prorations transferring $8 million each fiscal year, to be
312	used as provided in s. 265.2861. Effective October 1, 2001, an
313	additional $2 million each fiscal year shall be transferred from
314	the Corporations Trust Fund to the Cultural Institutions Trust
315	Fund to be used as provided in s. 265.2861. The additional $2
316	million is contingent upon the receipt of corresponding revenues
317	collected under s. 55.209, as created by this act.
318	(e) The division shall transfer from the trust fund to the
319	Cultural Institutions Trust Fund, quarterly, prorations
320	transferring $250,000 each fiscal year, to be used as provided
321	in s. 265.609.
322	(f) The division shall transfer from the trust fund to the
323	Cultural Institutions Trust Fund, quarterly, prorations
324	transferring $550,000 each fiscal year, to be used as provided
325	in s. 265.608.
326	(g) The division shall transfer from the trust fund to the
327	Historical Resources Operating Trust Fund, quarterly, prorations
328	transferring $2 million each fiscal year, to be used as provided
329	in s. 267.0617.
330	(h) The division shall transfer from the trust fund to the
331	Historical Resources Operating Trust Fund, quarterly, prorations
332	transferring $1.5 million each fiscal year, to be used as
333	provided in s. 267.0619.
334	(i) Effective October 1, 2001, the division shall transfer
335	from the trust fund to the department's Grants and Donations
336	Trust Fund quarterly prorations equaling not more than $1.6
337	million each fiscal year, to be used in the provision of
338	services under s. 288.816. The transfer of $1.6 million is
339	contingent upon the receipt of corresponding revenues collected
340	under s. 55.209, as created by this act.
341	Section 10. Section 607.19011, Florida Statutes, is
342	amended to read:
343	607.19011 Corporations Trust Fund; deposit and use of
344	revenues collected in accordance with ch. 95-242.--All revenues
345	collected in accordance with this act shall be deposited into
346	the Corporations Trust Fund of the Department of State and shall
347	be used in furtherance of the Department of State's cultural and
348	historic preservation programs and other activitiesas the
349	Legislature may direct.
350	Section 11. Any fiscal year 2003-2004 ranked projects
351	which are not funded under the Historical Facilities Special
352	Category Fixed Capital Outlay Grants, Cultural Facilities Fixed
353	Capital Outlay Grants, or Library Construction Fixed Capital
354	Outlay Grants in the Department of State shall maintain their
355	relative ranking for the Fiscal Year 2004-2005 grant cycles and
356	shall receive priority ranking over new projects applying for
357	the Fiscal Year 2004-2005 grant cycles.
358	Section 12. This act shall take effect July 1, 2003.
359
360	================= T I T L E A M E N D M E N T =================
361	Remove the entire title, and insert:
362	A bill to be entitled
363	An act relating to the Department of State; terminating
364	the Coconut Grove Playhouse Trust Fund and the Public
365	Access Data Systems Trust Fund within the department;
366	providing for disposition of balances in and revenues of
367	the terminated trust funds; amending s. 15.09, F.S.;
368	deleting a provision that created and provided uses of the
369	Public Access Data Systems Trust Fund, to conform;
370	amending s. 215.22, F.S.; deleting a reference to the
371	Coconut Grove Playhouse Trust Fund, to conform; amending
372	s. 265.284, F.S.; revising sources of funding for the
373	Florida Fine Arts Trust Fund; amending s. 265.2861, F.S.;
374	deleting provisions transferring funds from the Cultural
375	Institutions Trust Fund to certain grant programs and
376	entities; eliminating a funding source of the trust fund;
377	removing a restriction on grant recipients under the
378	Cultural Institutions Program against receiving funds from
379	certain other arts grants programs; repealing s. 265.2901,
380	F.S., relating to the Coconut Grove Playhouse Trust Fund,
381	to conform; amending s. 267.0617, F.S.; removing a
382	provision specifying funding sources for the Historic
383	Preservation Grant Program; amending s. 320.08058, F.S.;
384	changing the distribution of proceeds of the Florida arts
385	license plate annual use fees; amending s. 607.1901, F.S.;
386	deleting the transfer of funds from the Corporations Trust
387	Fund to certain funds; amending s. 607.19011, F.S.;
388	revising uses of the Corporations Trust Fund; directing
389	maintenance of priority rankings for certain grant
390	programs for Fiscal Year 2004-2005 grant cycles; providing
391	an effective date.