Senate Bill sb0954e1

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




    SB 954                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         Legal Affairs and the Department of

  5         Corrections; providing for disposition of

  6         balances in and revenues of such trust funds;

  7         declaring the findings of the Legislature that

  8         a specified trust fund within the Department of

  9         Corrections is exempt from the termination

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

11         Constitution; amending s. 501.2101, F.S.;

12         deleting provisions relating to the Consumer

13         Frauds Trust Fund; providing for the deposit of

14         moneys received pursuant to the regulation of

15         deceptive and unfair trade practices into the

16         Legal Affairs Revolving Trust Fund rather than

17         the Consumer Frauds Trust Fund; amending ss.

18         501.059, 501.143, and 501.2077, F.S., to

19         conform; repealing s. 945.21502, F.S.;

20         repealing the Inmate Welfare Trust Fund in the

21         Department of Corrections; amending ss.

22         944.516, 944.803, 945.091, 945.215, 945.6037,

23         F.S., to conform; providing for revenues of the

24         Inmate Welfare Trust Fund to be deposited in

25         the General Revenue Fund; repealing ch.

26         2002-123, Laws of Florida; repealing the future

27         re-creation of the Inmate Welfare Trust Fund;

28         amending s. 860.158, F.S.; repealing the

29         Florida Motor Vehicle Theft Prevention Trust

30         Fund in the Department of Legal Affairs;

31         amending ss. 320.08046, 713.78, F.S., to


                                  1

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






    SB 954                                         First Engrossed



 1         conform; providing for revenues of the fund to

 2         be deposited in the General Revenue Fund;

 3         providing an effective date.

 4  

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

 6  

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

 8  following departments are terminated:

 9         (a)  Within the Department of Legal Affairs:

10         1.  The Florida Motor Vehicle Theft Prevention Trust

11  Fund, FLAIR number 41-2-051.

12         2.  The Consumer Fraud Trust Fund, FLAIR number

13  41-2-127.

14         (b)  Within the Department of Corrections:

15         1.  The Florida Agricultural Exposition Trust Fund,

16  FLAIR number 70-2-298.

17         2.  The Inmate Welfare Trust Fund, FLAIR number

18  70-2-523.

19         (2)  Unless otherwise provided, all current balances

20  remaining in, and all revenues of, the trust funds terminated

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

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

23  agency that administers the trust fund shall pay any

24  outstanding debts and obligations of the terminated fund as

25  soon as practicable, and the Chief Financial Officer shall

26  close out and remove the terminated fund from the various

27  state accounting systems using generally accepted accounting

28  principles concerning warrants outstanding, assets, and

29  liabilities.

30         Section 2.  The Legislature finds that, within the

31  Department of Corrections, the Inmate Bank Trust Fund, which


                                  2

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






    SB 954                                         First Engrossed



 1  has no FLAIR number, is exempt from termination pursuant to

 2  Section 19(f), Article III of the State Constitution.

 3         Section 3.  Section 501.2101, Florida Statutes, is

 4  amended to read:

 5         501.2101  Enforcing authorities; moneys received in

 6  certain proceedings; Consumer Frauds Trust Fund.--

 7         (1)  Any moneys received by an enforcing authority for

 8  attorney's fees and costs of investigation or litigation in

 9  proceedings brought under the provisions of s. 501.207, s.

10  501.208, or s. 501.211 shall be deposited as received in the

11  Consumer Frauds Trust Fund or the Legal Affairs Revolving

12  Trust Fund in the State Treasury.

13         (2)  There is created in the State Treasury a trust

14  fund to be known as the Consumer Frauds Trust Fund.  Money

15  deposited therein shall be disbursed to the enforcing

16  authority responsible for its collection for the funding of

17  activities conducted by enforcing authorities pursuant to ss.

18  501.201-501.213, inclusive.

19         (2)(3)  Any moneys received by an enforcing authority

20  and neither received for attorney's fees and costs of

21  investigation or litigation nor used to reimburse consumers

22  found under this law to be damaged shall accrue to the state

23  and be deposited as received in the General Revenue Fund

24  unallocated.

25         Section 4.  Subsection (8) of section 501.059, Florida

26  Statutes, is amended to read:

27         501.059  Telephone solicitation.--

28         (8)  The department shall investigate any complaints

29  received concerning violations of this section.  If, after

30  investigating any complaint, the department finds that there

31  has been a violation of this section, the department or the


                                  3

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






    SB 954                                         First Engrossed



 1  Department of Legal Affairs may bring an action to impose a

 2  civil penalty and to seek other relief, including injunctive

 3  relief, as the court deems appropriate against the telephone

 4  solicitor.  The civil penalty shall not exceed $10,000 per

 5  violation and shall be deposited in the General Inspection

 6  Trust Fund if the action or proceeding was brought by the

 7  department, or the Legal Affairs Revolving Consumer Frauds

 8  Trust Fund if the action or proceeding was brought by the

 9  Department of Legal Affairs. This civil penalty may be

10  recovered in any action brought under this part by the

11  department, or the department may terminate any investigation

12  or action upon agreement by the person to pay a stipulated

13  civil penalty.  The department or the court may waive any

14  civil penalty if the person has previously made full

15  restitution or reimbursement or has paid actual damages to the

16  consumers who have been injured by the violation.

17         Section 5.  Subsection (9) of section 501.143, Florida

18  Statutes, is amended to read:

19         501.143  Dance Studio Act.--

20         (9)  GENERAL INSPECTION TRUST FUND; PAYMENTS.--Any

21  moneys recovered by the enforcing authority as a penalty under

22  this section shall be deposited in the General Inspection

23  Trust Fund if the action or proceeding was brought by the

24  department, or the Legal Affairs Revolving Consumer Frauds

25  Trust Fund if the action or proceeding was brought by the

26  Department of Legal Affairs.

27         Section 6.  Subsection (4) of section 501.2077, Florida

28  Statutes, is amended to read:

29         501.2077  Violations involving senior citizen or

30  handicapped person; civil penalties; presumption.--

31  


                                  4

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






    SB 954                                         First Engrossed



 1         (4)  Civil penalties collected pursuant to this section

 2  shall be deposited into the Legal Affairs Revolving Trust Fund

 3  of the Department of Legal Affairs Consumer Frauds Trust Fund

 4  and allocated solely to the Department of Legal Affairs for

 5  the purpose of preparing and distributing consumer education

 6  materials, programs, and seminars to benefit senior citizens

 7  and handicapped persons or to further enforcement efforts.

 8         Section 7.  Subsection (5) of section 944.516, Florida

 9  Statutes, is amended to read:

10         944.516  Money or other property received for personal

11  use or benefit of inmate; deposit; disposition of unclaimed

12  trust funds.--The Department of Corrections shall protect the

13  financial interest of the state with respect to claims which

14  the state may have against inmates in state institutions under

15  its supervision and control and shall administer money and

16  other property received for the personal benefit of such

17  inmates.  In carrying out the provisions of this section, the

18  department may delegate any of its enumerated powers and

19  duties affecting inmates of an institution to the warden or

20  regional director who shall personally, or through designated

21  employees of his or her personal staff under his or her direct

22  supervision, exercise such powers or perform such duties.

23         (5)  When an inmate is transferred between department

24  facilities, is released from the custody of the department,

25  dies, or escapes during incarceration, and the inmate has an

26  unexpended inmate trust fund account balance of less than $1,

27  that balance shall be transferred to the General Revenue

28  Inmate Welfare Trust Fund.

29         Section 8.  Subsection (2) of section 944.803, Florida

30  Statutes, is amended to read:

31         944.803  Faith-based programs for inmates.--


                                  5

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






    SB 954                                         First Engrossed



 1         (2)  It is the intent of the Legislature that the

 2  Department of Corrections and the private vendors operating

 3  private correctional facilities shall continuously:

 4         (a)  Measure recidivism rates for inmates who have

 5  participated in religious programs;

 6         (b)  Increase the number of volunteers who minister to

 7  inmates from various faith-based institutions in the

 8  community;

 9         (c)  Develop community linkages with churches,

10  synagogues, mosques, and other faith-based institutions to

11  assist inmates in their release back into the community; and

12         (d)  Fund through the use of annual appropriations, in

13  department facilities, and through inmate welfare trust funds

14  pursuant to s. 945.215, in private facilities, an adequate

15  number of chaplains and support staff to operate faith-based

16  programs in correctional institutions.

17         Section 9.  Paragraph (a) of subsection (8) of section

18  945.091, Florida Statutes, is amended to read:

19         945.091  Extension of the limits of confinement;

20  restitution by employed inmates.--

21         (8)(a)  The department is authorized to levy fines only

22  through disciplinary reports and only against inmates placed

23  on extended limits of confinement.  Major and minor

24  infractions and their respective punishments for inmates

25  placed on extended limits of confinement shall be defined by

26  the rules of the department, provided that any fine shall not

27  exceed $50 for each infraction deemed to be minor and $100 for

28  each infraction deemed to be major. Such fines shall be

29  deposited in the General Revenue Inmate Welfare Trust Fund,

30  and a receipt shall be given to the inmate.

31  


                                  6

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






    SB 954                                         First Engrossed



 1         Section 10.  Subsection (1) of section 945.215, Florida

 2  Statutes, is amended to read:

 3         945.215  Inmate welfare and employee benefit trust

 4  funds.--

 5         (1)  INMATE PURCHASES WELFARE TRUST FUND; DEPARTMENT OF

 6  CORRECTIONS.--

 7         (a)  From the Inmate Welfare Trust Fund constitutes a

 8  trust held by the department for the benefit and welfare of

 9  inmates incarcerated in correctional facilities operated

10  directly by the department and for visitation and family

11  programs and services in such correctional facilities. Funds

12  shall be credited to the trust fund as follows:

13         1.  All funds held in any auxiliary, canteen, welfare,

14  or similar fund in any correctional facility operated directly

15  by the department.

16         2.  All net proceeds from operating inmate canteens,

17  vending machines used primarily by inmates and visitors, hobby

18  shops, and other such facilities must be deposited in the

19  General Revenue Fund; however, funds necessary to purchase

20  items for resale at inmate canteens and vending machines must

21  be deposited into local bank accounts designated by the

22  department.

23         (b)3.  All proceeds from contracted telephone

24  commissions must be deposited in the General Revenue Fund. The

25  department shall develop and update, as necessary,

26  administrative procedures to verify that:

27         a.  Contracted telephone companies accurately record

28  and report all telephone calls made by inmates incarcerated in

29  correctional facilities under the department's jurisdiction;

30         b.  Persons who accept collect calls from inmates are

31  charged the contracted rate; and


                                  7

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






    SB 954                                         First Engrossed



 1         c.  The department receives the contracted telephone

 2  commissions.

 3         (c)4.  Any funds that may be assigned by inmates or

 4  donated to the department by the general public or an inmate

 5  service organization must be deposited in the General Revenue

 6  Fund; however, the department shall not accept any donation

 7  from, or on behalf of, any individual inmate.

 8         (d)5.  All proceeds from the following sources must be

 9  deposited in the General Revenue Fund:

10         a.  The confiscation and liquidation of any contraband

11  found upon, or in the possession of, any inmate;

12         b.  Disciplinary fines imposed against inmates;

13         c.  Forfeitures of inmate earnings; and

14         d.  Unexpended balances in individual inmate trust fund

15  accounts of less than $1.

16         6.  All interest earnings and other proceeds derived

17  from investments of funds deposited in the trust fund. In the

18  manner authorized by law for fiduciaries, the secretary of the

19  department, or the secretary's designee, may invest any funds

20  in the trust fund when it is determined that such funds are

21  not needed for immediate use.

22         (b)  Funds in the Inmate Welfare Trust Fund must be

23  used exclusively for the following purposes at correctional

24  facilities operated directly by the department:

25         1.  To operate inmate canteens and vending machines,

26  including purchasing items for resale at inmate canteens and

27  vending machines; employing personnel and inmates to manage,

28  supervise, and operate inmate canteens and vending machines;

29  and covering other operating and fixed capital outlay expenses

30  associated with operating inmate canteens and vending

31  machines;


                                  8

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






    SB 954                                         First Engrossed



 1         2.  To employ personnel to manage and supervise the

 2  proceeds from telephone commissions;

 3         3.  To develop, implement, and maintain the medical

 4  copayment accounting system;

 5         4.  To provide literacy programs, vocational training

 6  programs, and educational programs that comply with standards

 7  of the Department of Education, including employing personnel

 8  and covering other operating and fixed capital outlay expenses

 9  associated with providing such programs;

10         5.  To operate inmate chapels, faith-based programs,

11  visiting pavilions, visiting services and programs, family

12  services and programs, libraries, and law libraries, including

13  employing personnel and covering other operating and fixed

14  capital outlay expenses associated with operating inmate

15  chapels, faith-based programs, visiting pavilions, visiting

16  services and programs, family services and programs,

17  libraries, and law libraries;

18         6.  To provide for expenses associated with various

19  inmate clubs;

20         7.  To provide for expenses associated with legal

21  services for inmates;

22         8.  To provide inmate substance abuse treatment

23  programs and transition and life skills training programs,

24  including employing personnel and covering other operating and

25  fixed capital outlay expenses associated with providing such

26  programs;

27         9.  To provide for the purchase, rental, maintenance,

28  and repair of electronic or audiovisual equipment, unless

29  otherwise prohibited by this chapter; and

30  

31  


                                  9

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






    SB 954                                         First Engrossed



 1         10.  To provide for the purchase, rental, maintenance,

 2  and repair of wellness equipment, unless otherwise prohibited

 3  by this chapter.

 4         (c)  The Legislature shall annually appropriate the

 5  funds deposited in the Inmate Welfare Trust Fund. It is the

 6  intent of the Legislature that total annual expenditures for

 7  providing literacy programs, vocational training programs, and

 8  educational programs exceed the combined total annual

 9  expenditures for operating inmate chapels, faith-based

10  programs, visiting pavilions, visiting services and programs,

11  family services and programs, libraries, and law libraries,

12  covering expenses associated with inmate clubs, and providing

13  inmate substance abuse treatment programs and transition and

14  life skills training programs.

15         (d)  Funds in the Inmate Welfare Trust Fund or any

16  other fund may not be used to purchase weight-training

17  equipment, to purchase cable-television service for recreation

18  purposes, or to rent or purchase videocassettes, videocassette

19  recorders, or other audiovisual or electronic media or

20  equipment used primarily for recreation purposes. This

21  paragraph does not preclude the purchase or rental of

22  electronic or audiovisual equipment or services for inmate

23  training or educational programs.

24         (e)  Items for resale at inmate canteens and vending

25  machines maintained at the correctional facilities shall be

26  priced comparatively with like items for retail sale at fair

27  market prices.

28         (f)  Notwithstanding any other provision of law,

29  inmates with sufficient balances in their individual inmate

30  bank trust fund accounts, after all debts against the account

31  are satisfied, shall be allowed to request a weekly draw of up


                                  10

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






    SB 954                                         First Engrossed



 1  to an amount set by the Secretary of Corrections, not to

 2  exceed $100, to be expended for personal use on canteen and

 3  vending machine items.

 4         (g)  The department shall annually compile a report

 5  that specifically documents Inmate Welfare Trust Fund receipts

 6  and expenditures. This report shall be compiled at both the

 7  statewide and institutional levels. The department must submit

 8  this report for the previous fiscal year by September 1 of

 9  each year to the chairs of the appropriate substantive and

10  fiscal committees of the Senate and the House of

11  Representatives and to the Executive Office of the Governor.

12         Section 11.  Section 945.21502, Florida Statutes, is

13  repealed.

14         Section 12.  Paragraph (c) of subsection (3) of section

15  945.6037, Florida Statutes, is amended to read:

16         945.6037  Nonemergency health care; inmate

17  copayments.--

18         (3)

19         (c)  The expenses and operating capital outlay required

20  to develop, implement, and maintain the medical copayment

21  accounting system must be appropriated by the Legislature from

22  the Inmate Welfare Trust Fund. The fiscal assistants and

23  accountants at the correctional facilities funded from the

24  Inmate Welfare Trust Fund are, in addition to their duties

25  relating to the inmate canteen and bank, responsible for

26  managing the medical copayment system.

27         Section 13.  Paragraph (a) of subsection (6) of section

28  958.09, Florida Statutes, is amended to read:

29         958.09  Extension of limits of confinement.--

30         (6)(a)  The department is authorized to levy fines only

31  through disciplinary reports and only against inmates placed


                                  11

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






    SB 954                                         First Engrossed



 1  on extended limits of confinement.  Major and minor

 2  infractions and their respective punishments for inmates

 3  placed on extended limits of confinement shall be defined by

 4  the rules of the department, except that any fine shall not

 5  exceed $50 for each infraction deemed to be minor and $100 for

 6  each infraction deemed to be major. Such fines shall be

 7  deposited in the General Revenue Inmate Welfare Trust Fund,

 8  and a receipt shall be given to the inmate.

 9         Section 14.  Chapter 2002-123, Laws of Florida, which

10  recreates the Inmate Welfare Trust Fund effective November 4,

11  2004, is repealed.

12         Section 15.  Section 320.08046, Florida Statutes, is

13  amended to read:

14         320.08046  Surcharge on license tax; General Revenue

15  Fund.--There is levied on each license tax imposed under s.

16  320.08, except those set forth in s. 320.08(11), a surcharge

17  in the amount of $1, which shall be collected in the same

18  manner as the license tax. Of the proceeds of the license tax

19  surcharge, 58 40 percent shall be deposited into the General

20  Revenue Fund and, 42 percent shall be deposited into the

21  Grants and Donations Trust Fund in the Department of Juvenile

22  Justice to fund the community juvenile justice partnership

23  grants program, and 18 percent shall be deposited into the

24  Florida Motor Vehicle Theft Prevention Trust Fund to fund

25  motor vehicle theft prevention programs pursuant to s.

26  860.158.

27         Section 16.  Paragraph (e) of subsection (13) of

28  section 713.78, Florida Statutes, is amended to read:

29         713.78  Liens for recovering, towing, or storing

30  vehicles and vessels.--

31         (13)


                                  12

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






    SB 954                                         First Engrossed



 1         (e)  When a wrecker operator files a notice of wrecker

 2  operator's lien under this subsection, the department shall

 3  charge the wrecker operator a fee of $2, which shall be

 4  deposited into the General Revenue Florida Motor Vehicle Theft

 5  Prevention Trust Fund established under s. 860.158. A service

 6  charge of $2.50 shall be collected and retained by the tax

 7  collector who processes a notice of wrecker operator's lien.

 8         Section 17.  Present subsection (3) of section 860.153,

 9  Florida Statutes, is repealed and present subsection (4) of

10  that section is redesignated as subsection (3).

11         Section 18.  Section 860.158, Florida Statutes, as

12  amended by chapter 2002-402, Laws of Florida, is amended to

13  read:

14         860.158  Florida Motor Vehicle Theft Prevention

15  Authority Expenditures Trust Fund.--

16         (1)  There is hereby established within the Department

17  of Legal Affairs the Florida Motor Vehicle Theft Prevention

18  Trust Fund, which shall be administered by the executive

19  director of the authority at the direction of the board. All

20  interest earned from the investment or deposit of moneys

21  accumulated in the trust fund shall be deposited in the trust

22  fund. The trust fund shall be funded from the surcharge

23  collected under s. 320.08046.

24         (2)(a)  Money appropriated to the authorityin the trust

25  fund shall be expended as follows:

26         (1)1.  To pay the authority's cost to administer the

27  board and the trust fund.

28         (2)2.  To achieve the purposes and objectives of this

29  act, which may include, but not be limited to, the following:

30         (a)a.  To provide financial support to law enforcement

31  and correctional agencies, prosecutors, and the judiciary for


                                  13

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






    SB 954                                         First Engrossed



 1  programs designed to reduce motor vehicle theft and to improve

 2  the administration of motor vehicle theft laws.

 3         (b)b.  To provide financial support for federal and

 4  state agencies, units of local government, corporations, and

 5  neighborhood, community, or business organizations for

 6  programs designed to reduce motor vehicle theft and to improve

 7  the administration of motor vehicle theft laws.

 8         (c)c.  To provide financial support to conduct programs

 9  designed to inform owners of motor vehicles about the

10  financial and social cost of motor vehicle theft and to

11  suggest to those owners methods for preventing motor vehicle

12  theft.

13         (d)d.  To provide financial support for plans,

14  programs, and projects consistent with the purposes of this

15  act.

16         (b)  For the 2002-2003 fiscal year only, and

17  notwithstanding s. 320.08046, the use of funds allocated to

18  the Florida Motor Vehicle Theft Prevention Trust Fund may also

19  be as provided in the General Appropriations Act. This

20  paragraph expires July 1, 2003.

21         Section 19.  This act shall take effect July 1, 2003.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  14

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