Senate Bill sb0934c1

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    Florida Senate - 2003                            CS for SB 934

    By the Committee on Appropriations; and Senator Webster





    309-2083-03

  1                      A bill to be entitled

  2         An act relating to trust funds; terminating a

  3         specified trust fund within the Department of

  4         State and the Department of Transportation;

  5         providing for disposition of balances in and

  6         revenues of that trust fund; declaring the

  7         findings of the Legislature that specified

  8         trust funds within the Executive Office of the

  9         Governor, the Department of Transportation, and

10         the Department of Highway Safety and Motor

11         Vehicles are exempt from the termination

12         requirements of s. 19(f), Art. III of the State

13         Constitution; repealing s. 15.09(4) and (5),

14         F.S., relating to the Corporations Trust Fund

15         and the Public Access Data Systems Trust Fund;

16         repealing ss. 607.1901 and 607.19011, F.S.,

17         relating to the Corporations Trust Fund;

18         amending ss. 607.193, 617.1901, 620.183, and

19         865.09, F.S; deleting references to the

20         Corporations Trust Fund; providing for deposit

21         of certain moneys into the General Revenue

22         Fund; repealing s. 320.8249(16), F.S., relating

23         to obsolete provisions in chapter 96-394, Laws

24         of Florida, appropriating funds; providing an

25         effective date.

26  

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

28  

29         Section 1.  (1)  The following trust funds within the

30  following departments are terminated:

31         (a)  Within the Department of State:

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    Florida Senate - 2003                            CS for SB 934
    309-2083-03




 1         1.  The Corporations Trust Fund, FLAIR number 45-2-130.

 2         2.  The Public Access Data Systems Trust Fund, FLAIR

 3  number 45-2-542.

 4         (b)  Within the Department of Transportation, the

 5  Turnpike Controlled Access Trust Fund, FLAIR number 55-2-334.

 6         (2)  Unless otherwise provided, all current balances

 7  remaining in, and all revenues of, each trust fund terminated

 8  by this act shall be transferred to the General Revenue Fund.

 9         (3)  For each trust fund terminated by this act, the

10  agency that administers the trust fund shall pay any

11  outstanding debts and obligations of the terminated fund as

12  soon as practicable, and the Chief Financial Officer shall

13  close out and remove the terminated fund from the various

14  state accounting systems using generally accepted accounting

15  principles concerning warrants outstanding, assets, and

16  liabilities.

17         Section 2.  The Legislature finds that the following

18  trust funds are exempt from termination pursuant to Section

19  19(f), Article III of the State Constitution:

20         (1)  Within the Executive Office of the Governor, the

21  Administered Funds Trust Fund, FLAIR number 31-2-732.  This

22  trust fund, created by section 216.273, Florida Statutes, was

23  previously known as the Trust Funds Trust Fund.

24         (2)  Within the Department of Transportation:

25         (a)  The Central Florida Beltway Trust Fund, FLAIR

26  number 55-2-074.

27         (b)  The Everglades Parkway Construction Trust Fund,

28  FLAIR number 55-2-199.

29         (c)  The Turnpike Renewals and Replacement Trust Fund,

30  FLAIR number 55-2-324.

31  

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    Florida Senate - 2003                            CS for SB 934
    309-2083-03




 1         (d)  The Turnpike General Reserve Trust Fund, FLAIR

 2  number 55-2-326.

 3         (e)  The Turnpike Bond Construction Trust Fund, FLAIR

 4  number 55-2-340.

 5         (f)  The Jacksonville Transportation Authority Project

 6  Construction Trust Fund, FLAIR number 55-2-413.

 7         (g)  The Jefferson County 1992 Project Construction

 8  Trust Fund, FLAIR number 55-2-418.

 9         (h)  State Transportation Trust Fund, FLAIR number

10  55-2-540.

11         (i)  The Right-of-Way Acquisition and Bridge

12  Construction Trust Fund, FLAIR number 55-2-586.

13         (3)  Within the Department of Highway Safety and Motor

14  Vehicles:

15         (a)  The Civil Fines Clearing Trust Fund, FLAIR number

16  76-2-094.

17         (b)  The International Registration Clearing Trust

18  Fund, FLAIR number 76-2-410.

19         (c)  The License Tax Collection Trust Fund, FLAIR

20  number 76-2-452.

21         (d)  The Motor Vehicle License Clearing Trust Fund,

22  FLAIR number 76-2-488.

23         (e)  The Security Deposits Trust Fund, FLAIR number

24  76-2-625.

25         Section 3.  Subsections (4) and (5) of section 15.09,

26  Florida Statutes, are repealed.

27         Section 4.  Sections 607.1901 and 607.19011, Florida

28  Statutes, are repealed.

29         Section 5.  Subsection (3) of section 607.193, Florida

30  Statutes, is amended to read:

31         607.193  Supplemental corporate fee.--

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    Florida Senate - 2003                            CS for SB 934
    309-2083-03




 1         (3)  The Department of State shall adopt rules and

 2  prescribe forms necessary to carry out the purposes of this

 3  section. Notwithstanding s. 607.1901, Proceeds from the

 4  supplemental corporate fee, including any late charges, shall

 5  be deposited into the General Revenue Fund.

 6         Section 6.  Section 617.1901, Florida Statutes, is

 7  amended to read:

 8         617.1901  Distributions Corporations Trust Fund.--All

 9  funds required to be paid to the Division of Corporations

10  under this act shall be deposited into the General Revenue

11  Corporations Trust Fund as created by s. 607.1901, and shall

12  be administered and disposed of in accordance therewith.

13         Section 7.  Section 620.183, Florida Statutes, is

14  amended to read:

15         620.183  Disposition of moneys collected.--The

16  Department of State shall pay into the General Revenue

17  Corporations Trust Fund all moneys collected under the

18  provisions of this act.

19         Section 8.  Subsection (13) of section 865.09, Florida

20  Statutes, is amended to read:

21         865.09  Fictitious name registration.--

22         (13)  DEPOSIT OF FUNDS.--All funds required to be paid

23  to the Department of State pursuant to this section shall be

24  collected and deposited into the General Revenue Corporations

25  Trust Fund.

26         Section 9.  Subsection (16) of section 320.8249,

27  Florida Statutes, is repealed.

28         Section 10.  This act shall take effect July 1, 2003.

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30  

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    Florida Senate - 2003                            CS for SB 934
    309-2083-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 934

 3                                 

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    1.   Corrects errors in the original bill which incorrectly
 5       included the Black Contractors Bond and the Florida
         Investment Incentive Trust Funds as meeting the exemption
 6       criteria of s. 19(f), Art. III of the State Constitution.

 7  2.   Terminates the Corporations Trust Fund and the Public
         Access Data Systems Trust Fund in the Department of
 8       State.

 9  3.   Repeals provisions which created the Corporations and
         Public Access Data Systems Trust Funds, and directs
10       receipts from all corporate filing fees to the General
         Revenue fund.
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    4.   Repeals obsolete provisions relating to appropriations in
12       the Department of Highway Safety & Motor Vehicles.

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