Senate Bill sb0008A

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    Florida Senate - 2003                                   SB 8-A

    By Senator Pruitt





    28-2580-03

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         215.20, F.S.; revising the formula for

  4         contribution by certain trust funds to the

  5         General Revenue Fund; amending s. 215.22, F.S.;

  6         exempting certain trust funds and revenues from

  7         the appropriation required by s. 215.20, F.S.;

  8         amending  s. 18.10, F.S.; appropriating certain

  9         earnings on investments to the General Revenue

10         Fund; amending s. 18.125, F.S.; providing for

11         the method of investment, and the disposition

12         of interest earned on such investment, of

13         certain trust fund moneys of specified

14         agencies; amending s. 14.2015, F.S.; revising

15         disposition of certain interest earned by the

16         Office of Tourism, Trade, and Economic

17         Development; amending s. 1009.66, F.S.;

18         revising disposition of interest earned on

19         Nursing Student Loan Forgiveness Trust Fund

20         moneys; amending s. 385.207, F.S.; revising

21         disposition of interest earned on Epilepsy

22         Services Trust Fund moneys; amending s.

23         860.158, F.S.; revising disposition of interest

24         earned on Florida Motor Vehicle Theft

25         Prevention Trust Fund moneys; amending s.

26         938.01, F.S.; revising disposition of interest

27         earned on specified trust funds of the

28         Department of Law Enforcement and Department of

29         Children and Family Services; reenacting s.

30         215.32, F.S., relating to segregation of state

31         funds; providing for construction of the act in

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    Florida Senate - 2003                                   SB 8-A
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 1         pari materia with laws enacted during the

 2         Regular Session of the Legislature; providing

 3         an effective date.

 4  

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

 6  

 7         Section 1.  Section 215.20, Florida Statutes, as

 8  amended by section 61 of chapter 2002-402, Laws of Florida, is

 9  amended to read:

10         (Substantial rewording of section. See

11         s. 215.20, F.S., for present text.)

12         215.20  Certain income and certain trust funds to

13  contribute to the General Revenue Fund.--

14         (1)  A service charge of 7 percent, representing the

15  estimated pro rata share of the cost of general government

16  paid from the General Revenue Fund, is hereby appropriated

17  from all income of a revenue nature deposited in all trust

18  funds except those enumerated in s. 215.22.  Income of a

19  revenue nature shall include all earnings received or credited

20  by such trust funds, including the interest or benefit

21  received from the investment of the principal of such trust

22  funds as may be permitted by law.  This provision shall be

23  construed in favor of the General Revenue Fund in each

24  instance.  All such appropriations shall be deposited in the

25  General Revenue Fund.

26         (2)  Notwithstanding the provisions of subsection (1):

27         (a)  The trust funds of the Department of Citrus and

28  the Department of Agriculture and Consumer Services, including

29  funds collected in the General Inspection Trust Fund for

30  marketing orders and in the Florida Citrus Advertising Trust

31  Fund, shall be subject to a 3-percent service charge, which is

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 1  hereby appropriated to the General Revenue Fund.  This

 2  paragraph does not apply to the Conservation and Recreation

 3  Lands Program Trust Fund, the Florida Quarter Horse Racing

 4  Promotion Trust Fund, the Citrus Inspection Trust Fund, the

 5  Florida Forever Program Trust Fund, the Florida Preservation

 6  2000 Trust Fund, the Market Improvements Working Capital Trust

 7  Fund, the Pest Control Trust Fund, the Plant Industry Trust

 8  Fund, or other funds collected in the General Inspection Trust

 9  Fund in the Department of Agriculture and Consumer Services.

10         (b)  The Save the Manatee Trust Fund in the Fish and

11  Wildlife Conservation Commission shall be subject to a

12  3-percent service charge, which is hereby appropriated to the

13  General Revenue Fund.

14         (3)  A service charge of 0.3 percent is hereby

15  appropriated from income of a revenue nature deposited in the

16  trust funds enumerated in subsection (4). Income of a revenue

17  nature shall include all earnings received or credited by such

18  trust funds, including the interest or benefit received from

19  the investment of the principal of such trust funds as may be

20  permitted by law. This provision shall be construed in favor

21  of the General Revenue Fund in each instance.  All such

22  appropriations shall be deposited in the General Revenue Fund.

23         (4)  The income of a revenue nature deposited in the

24  following described trust funds, by whatever name designated,

25  is that from which the appropriations authorized by subsection

26  (3) shall be made:

27         (a)  Within the Agency for Health Care Administration:

28         1.  The Florida Organ and Tissue Donor Education and

29  Procurement Trust Fund.

30         2.  The Health Care Trust Fund.

31         3.  The Resident Protection Trust Fund.

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 1         (b)  Within the Agency for Workforce Innovation, the

 2  Employment Security Administration Trust Fund.

 3         (c)  Within the Department of Agriculture and Consumer

 4  Services:

 5         1.  The Conservation and Recreation Lands Program Trust

 6  Fund.

 7         2.  The Florida Quarter Horse Racing Promotion Trust

 8  Fund.

 9         3.  The General Inspection Trust Fund and subsidiary

10  accounts thereof, unless a different percentage is authorized

11  by s. 570.20.

12         (d)  Within the Department of Banking and Finance:

13         1.  The Administrative Trust Fund.

14         2.  The Anti-Fraud Trust Fund.

15         3.  The Financial Institutions' Regulatory Trust Fund.

16         4.  The Mortgage Brokerage Guaranty Fund.

17         5.  The Regulatory Trust Fund.

18         (e)  Within the Department of Business and Professional

19  Regulation:

20         1.  The Administrative Trust Fund.

21         2.  The Alcoholic Beverage and Tobacco Trust Fund.

22         3.  The Cigarette Tax Collection Trust Fund.

23         4.  The Division of Florida Land Sales, Condominiums,

24  and Mobile Homes Trust Fund.

25         5.  The Hotel and Restaurant Trust Fund, with the

26  exception of those fees collected for the purpose of funding

27  of the hospitality education program as stated in s. 509.302.

28         6.  The Professional Regulation Trust Fund.

29         7.  The trust funds administered by the Division of

30  Pari-mutuel Wagering.

31  

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 1         (f)  Within the Department of Children and Family

 2  Services:

 3         1.  The Administrative Trust Fund.

 4         2.  The Child Welfare Training Trust Fund.

 5         3.  The Children and Adolescents Substance Abuse Trust

 6  Fund.

 7         4.  The Domestic Violence Trust Fund.

 8         5.  The Grants and Donations Trust Fund.

 9         6.  The Operations and Maintenance Trust Fund.

10         (g)  Within the Department of Citrus, the Florida

11  Citrus Advertising Trust Fund, including transfers from any

12  subsidiary accounts thereof, unless a different percentage is

13  authorized in s. 601.15(7).

14         (h)  Within the Department of Community Affairs, the

15  Operating Trust Fund.

16         (i)  Within the Department of Education:

17         1.  The Educational Certification and Service Trust

18  Fund.

19         2.  The Phosphate Research Trust Fund.

20         (j)  Within the Department of Elderly Affairs:

21         1.  The Administrative Trust Fund.

22         2.  The Federal Grants Trust Fund.

23         3.  The Grants and Donations Trust Fund.

24         4.  The Operations and Maintenance Trust Fund.

25         (k)  Within the Department of Environmental Protection:

26         1.  The Administrative Trust Fund.

27         2.  The Air Pollution Control Trust Fund.

28         3.  The Conservation and Recreation Lands Trust Fund.

29         4.  The Ecosystem Management and Restoration Trust

30  Fund.

31         5.  The Environmental Laboratory Trust Fund.

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 1         6.  The Florida Coastal Protection Trust Fund.

 2         7.  The Florida Permit Fee Trust Fund.

 3         8.  The Forfeited Property Trust Fund.

 4         9.  The Grants and Donations Trust Fund.

 5         10.  The Inland Protection Trust Fund.

 6         11.  The Internal Improvement Trust Fund.

 7         12.  The Land Acquisition Trust Fund.

 8         13.  The Minerals Trust Fund.

 9         14.  The Nonmandatory Land Reclamation Trust Fund.

10         15.  The State Park Trust Fund.

11         16.  The Water Quality Assurance Trust Fund.

12         17.  The Working Capital Trust Fund.

13         (l)  Within the Department of Health:

14         1.  The Administrative Trust Fund.

15         2.  The Brain and Spinal Cord Injury Program Trust

16  Fund.

17         3.  The Donations Trust Fund.

18         4.  The Emergency Medical Services Trust Fund.

19         5.  The Epilepsy Services Trust Fund.

20         6.  The Florida Drug, Device, and Cosmetic Trust Fund.

21         7.  The Grants and Donations Trust Fund.

22         8.  The Medical Quality Assurance Trust Fund.

23         9.  The Nursing Student Loan Forgiveness Trust Fund.

24         10.  The Planning and Evaluation Trust Fund.

25         11.  The Radiation Protection Trust Fund.

26         (m)  Within the Department of Highway Safety and Motor

27  Vehicles, the DUI Programs Coordination Trust Fund.

28         (n)  Within the Department of Insurance:

29         1.  The Agents and Solicitors County Tax Trust Fund.

30         2.  The Insurance Commissioner's Regulatory Trust Fund.

31  

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 1         (o)  Within the Department of Labor and Employment

 2  Security or, if such department is terminated, within the

 3  agency or department to which the named trust fund has been

 4  transferred:

 5         1.  The Special Disability Trust Fund.

 6         2.  The Special Employment Security Administration

 7  Trust Fund.

 8         3.  The Workers' Compensation Administration Trust

 9  Fund.

10         (p)  Within the Department of Legal Affairs, the Crimes

11  Compensation Trust Fund.

12         (q)  Within the Department of Management Services:

13         1.  The Administrative Trust Fund.

14         2.  The Architects Incidental Trust Fund.

15         3.  The Bureau of Aircraft Trust Fund.

16         4.  The Florida Facilities Pool Working Capital Trust

17  Fund.

18         5.  The Grants and Donations Trust Fund.

19         6.  The Motor Vehicle Operating Trust Fund.

20         7.  The Police and Firefighters' Premium Tax Trust

21  Fund.

22         8.  The Public Employees Relations Commission Trust

23  Fund.

24         9.  The State Personnel System Trust Fund.

25         10.  The Supervision Trust Fund.

26         11.  The Working Capital Trust Fund.

27         (r)  Within the Department of Revenue:

28         1.  The Additional Court Cost Clearing Trust Fund.

29         2.  The Administrative Trust Fund.

30         3.  The Apalachicola Bay Oyster Surcharge Clearing

31  Trust Fund.

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 1         4.  The Certification Program Trust Fund.

 2         5.  The Fuel Tax Collection Trust Fund.

 3         6.  The Land Reclamation Trust Fund.

 4         7.  The Local Alternative Fuel User Fee Clearing Trust

 5  Fund.

 6         8.  The Local Option Fuel Tax Trust Fund.

 7         9.  The Motor Vehicle Rental Surcharge Clearing Trust

 8  Fund.

 9         10.  The Motor Vehicle Warranty Trust Fund.

10         11.  The Oil and Gas Tax Trust Fund.

11         12.  The Secondhand Dealer and Secondary Metals

12  Recycler Clearing Trust Fund.

13         13.  The Severance Tax Solid Mineral Trust Fund.

14         14.  The State Alternative Fuel User Fee Clearing Trust

15  Fund.

16         15.  All taxes levied on motor fuels other than

17  gasoline levied pursuant to the provisions of s. 206.87(1)(a).

18         (s)  Within the Department of State:

19         1.  The Division of Licensing Trust Fund.

20         2.  The Records Management Trust Fund.

21         3.  The trust funds administered by the Division of

22  Historical Resources.

23         (t)  Within the Department of Transportation, all

24  income derived from outdoor advertising and overweight

25  violations which is deposited in the State Transportation

26  Trust Fund.

27         (u)  Within the Department of Veterans' Affairs:

28         1.  The Grants and Donations Trust Fund.

29         2.  The Operations and Maintenance Trust Fund.

30         3.  The State Homes for Veterans Trust Fund.

31  

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 1         (v)  Within the Division of Administrative Hearings,

 2  the Administrative Trust Fund.

 3         (w)  Within the Fish and Wildlife Conservation

 4  Commission:

 5         1.  The Conservation and Recreation Lands Program Trust

 6  Fund.

 7         2.  The Florida Panther Research and Management Trust

 8  Fund.

 9         3.  The Land Acquisition Trust Fund.

10         4.  The Marine Resources Conservation Trust Fund, with

11  the exception of those fees collected for recreational

12  saltwater fishing licenses as provided in s. 372.57.

13         (x)  Within the Florida Public Service Commission, the

14  Florida Public Service Regulatory Trust Fund.

15         (y)  Within the Justice Administrative Commission, the

16  Indigent Criminal Defense Trust Fund.

17  

18  The enumeration of the foregoing moneys or trust funds shall

19  not prohibit the applicability thereto of s. 215.24 should the

20  Governor determine that for the reasons mentioned in s. 215.24

21  the money or trust funds should be exempt herefrom, as it is

22  the purpose of this law to exempt income from its force and

23  effect when, by the operation of this law, federal matching

24  funds or contributions or private grants to any trust fund

25  would be lost to the state.

26         (5)  There is appropriated from the proper respective

27  trust funds from time to time such sums as may be necessary to

28  pay to the General Revenue Fund the service charges imposed by

29  this section.

30  

31  

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 1         Section 2.  Subsection (1) of section 215.22, Florida

 2  Statutes, as amended by section 63 of chapter 2002-402, Laws

 3  of Florida, is amended to read:

 4         215.22  Certain income and certain trust funds

 5  exempt.--

 6         (1)  The following income of a revenue nature or the

 7  following trust funds shall be exempt from the appropriation

 8  deduction required by s. 215.20(1):

 9         (a)  Student financial aid or prepaid tuition receipts.

10         (b)  Trust funds administered by the Department of the

11  Lottery.

12         (c)  Departmental administrative assessments for

13  administrative divisions.

14         (d)  Funds charged by a state agency for services

15  provided to another state agency, by a state agency for

16  services provided to the judicial branch, or by the judicial

17  branch for services provided to a state agency.

18         (e)  State, agency, or political subdivision

19  investments by the Treasurer.

20         (f)  Retirement or employee benefit funds.

21         (g)  Self-insurance programs administered by the

22  Treasurer.

23         (h)  Funds held for the payment of citrus canker

24  eradication and compensation.

25         (i)  Medicaid, Medicare, or third-party receipts for

26  client custodial care.

27         (j)  Bond proceeds or revenues dedicated for bond

28  repayment, except for the Documentary Stamp Clearing Trust

29  Fund administered by the Department of Revenue.

30         (k)  Trust funds administered by the Department of

31  Education.

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 1         (l)  Trust funds administered by the Department of

 2  Transportation.

 3         (m)  The following trust funds administered by the

 4  Department of Agriculture and Consumer Services:.

 5         1.  The Citrus Inspection Trust Fund.

 6         2.  The Florida Forever Program Trust Fund.

 7         3.  The Florida Preservation 2000 Trust Fund.

 8         4.  The Market Improvements Working Capital Trust Fund.

 9         5.  The Pest Control Trust Fund.

10         6.  The Plant Industry Trust Fund.

11         (n)  The Motor Vehicle License Clearing Trust Fund.

12         (o)  The Solid Waste Management Trust Fund.

13         (p)  The Coconut Grove Playhouse Trust Fund.

14         (q)  The Communications Working Capital Trust Fund of

15  the Department of Management Services.

16         (r)  The Camp Blanding Management Trust Fund.

17         (s)  The Indigent Criminal Defense Trust Fund.

18         (s)(t)  That portion of the Highway Safety Operating

19  Trust Fund funded by the motorcycle safety education fee

20  collected pursuant to s. 320.08(1)(c).

21         (u)  The Save the Manatee Trust Fund.

22         (t)(v)  Tobacco Settlement Trust Funds administered by

23  any agency.

24         (u)(w)  The Save Our Everglades Trust Fund.

25         (v)(x)  The Florida Center for Nursing Trust Fund.

26         Section 3.  Subsection (4) of section 18.10, Florida

27  Statutes, as amended by section 65 of chapter 2002-402, Laws

28  of Florida, is amended to read:

29         18.10  Deposits and investments of state money.--

30         (4)  All earnings on any investments made pursuant to

31  this section are hereby appropriated shall be credited to the

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 1  General Revenue Fund, except that earnings attributable to

 2  moneys made available pursuant to s. 18.125(3)(a) and (b) s.

 3  18.125(3) shall be credited pro rata to the funds from which

 4  such moneys were made available.

 5         Section 4.  Subsection (3) of section 18.125, Florida

 6  Statutes, as amended by section 67 of chapter 2002-402, Laws

 7  of Florida, is amended to read:

 8         18.125  Treasurer; powers and duties in the investment

 9  of certain funds.--

10         (3)(a)  Except as otherwise provided in this

11  subsection, it is the duty of each state agency, and of the

12  judicial branch, now or hereafter charged with the

13  administration of the funds referred to in subsection (1) to

14  make such moneys available for investment as fully as is

15  consistent with the cash requirements of the particular fund

16  and to authorize investment of such moneys by the Treasurer.

17         (b)  Monthly, and more often as circumstances require,

18  such agency or judicial branch shall notify the Treasurer of

19  the amount available for investment; and the moneys shall be

20  invested by the Treasurer.  Such notification shall include

21  the name and number of the fund for which the investments are

22  to be made and the life of the investment if the principal sum

23  is to be required for meeting obligations.  This subsection,

24  however, shall not be construed to make available for

25  investment any funds other than those referred to in

26  subsection (1).

27         (c)  Except as provided in this paragraph and except

28  for moneys described in paragraph (d), the following agencies

29  shall not invest trust fund moneys as provided in this

30  section, but shall retain such moneys in their respective

31  

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 1  trust funds for investment, with interest appropriated to the

 2  General Revenue Fund, pursuant to s. 18.10:

 3         1.  The Agency for Health Care Administration, except

 4  for the Tobacco Settlement Trust Fund.

 5         2.  The Department of Children and Family Services,

 6  except for:

 7         a.  The Alcohol, Drug Abuse, and Mental Health Trust

 8  Fund.

 9         b.  The Community Resources Development Trust Fund.

10         c.  The Refugee Assistance Trust Fund.

11         d.  The Social Services Block Grant Trust Fund.

12         e.  The Tobacco Settlement Trust Fund.

13         f.  The Working Capital Trust Fund.

14         3.  The Department of Community Affairs, only for the

15  Operating Trust Fund.

16         4.  The Department of Corrections.

17         5.  The Department of Elderly Affairs, except for:

18         a.  The Federal Grants Trust Fund.

19         b.  The Tobacco Settlement Trust Fund.

20         6.  The Department of Health, except for:

21         a.  The Federal Grants Trust Fund.

22         b.  The Grants and Donations Trust Fund.

23         c.  The Maternal and Child Health Block Grant Trust

24  Fund.

25         d.  The Tobacco Settlement Trust Fund.

26         7.  The Department of Highway Safety and Motor

27  Vehicles, only for:

28         a.  The DUI Programs Coordination Trust Fund.

29         b.  The Security Deposits Trust Fund.

30         8.  The Department of Juvenile Justice.

31  

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 1         9.  The Department of Labor and Employment Security,

 2  only for the Administrative Trust Fund.

 3         10.  The Department of Law Enforcement.

 4         11.  The Department of Legal Affairs.

 5         12.  The Department of State, only for:

 6         a.  The Grants and Donations Trust Fund.

 7         b.  The Records Management Trust Fund.

 8         13.  The Executive Office of the Governor, only for:

 9         a.  The Economic Development Transportation Trust Fund.

10         b.  The Economic Development Trust Fund.

11         14.  The Florida Public Service Commission, only for

12  the Florida Public Service Regulatory Trust Fund.

13         15.  The Justice Administrative Commission.

14         16.  The state courts system.

15         (d)  Moneys in any trust funds of the agencies in

16  paragraph (c) may be invested pursuant to the provisions of

17  this section if:

18         1.  Investment of such moneys and the retention of

19  interest is required by federal programs or mandates;

20         2.  Investment of such moneys and the retention of

21  interest is required by bond covenants, indentures, or

22  resolutions;

23         3.  Such moneys are held by the state in a trustee

24  capacity as an agent or fiduciary for individuals, private

25  organizations, or other governmental units; or

26         4.  The Executive Office of the Governor determines,

27  after consultation with the Legislature pursuant to the

28  procedures of s. 216.177, that federal matching funds or

29  contributions or private grants to any trust fund would be

30  lost to the state.

31  

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 1         Section 5.  Paragraph (f) of subsection (2) of section

 2  14.2015, Florida Statutes, as amended by section 69 of chapter

 3  2002-402, Laws of Florida, is amended to read:

 4         14.2015  Office of Tourism, Trade, and Economic

 5  Development; creation; powers and duties.--

 6         (2)  The purpose of the Office of Tourism, Trade, and

 7  Economic Development is to assist the Governor in working with

 8  the Legislature, state agencies, business leaders, and

 9  economic development professionals to formulate and implement

10  coherent and consistent policies and strategies designed to

11  provide economic opportunities for all Floridians.  To

12  accomplish such purposes, the Office of Tourism, Trade, and

13  Economic Development shall:

14         (f)1.  Administer the Florida Enterprise Zone Act under

15  ss. 290.001-290.016, the community contribution tax credit

16  program under ss. 220.183 and 624.5105, the tax refund program

17  for qualified target industry businesses under s. 288.106, the

18  tax-refund program for qualified defense contractors under s.

19  288.1045, contracts for transportation projects under s.

20  288.063, the sports franchise facility program under s.

21  288.1162, the professional golf hall of fame facility program

22  under s. 288.1168, the expedited permitting process under s.

23  403.973, the Rural Community Development Revolving Loan Fund

24  under s. 288.065, the Regional Rural Development Grants

25  Program under s. 288.018, the Certified Capital Company Act

26  under s. 288.99, the Florida State Rural Development Council,

27  the Rural Economic Development Initiative, and other programs

28  that are specifically assigned to the office by law, by the

29  appropriations process, or by the Governor. Notwithstanding

30  any other provisions of law, the office may expend interest

31  earned from the investment of program funds deposited in the

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 1  Economic Development Trust Fund, the Grants and Donations

 2  Trust Fund and, the Brownfield Property Ownership Clearance

 3  Assistance Revolving Loan Trust Fund, and the Economic

 4  Development Transportation Trust Fund to contract for the

 5  administration of the programs, or portions of the programs,

 6  enumerated in this paragraph or assigned to the office by law,

 7  by the appropriations process, or by the Governor. Such

 8  expenditures shall be subject to review under chapter 216.

 9         2.  The office may enter into contracts in connection

10  with the fulfillment of its duties concerning the Florida

11  First Business Bond Pool under chapter 159, tax incentives

12  under chapters 212 and 220, tax incentives under the Certified

13  Capital Company Act in chapter 288, foreign offices under

14  chapter 288, the Enterprise Zone program under chapter 290,

15  the Seaport Employment Training program under chapter 311, the

16  Florida Professional Sports Team License Plates under chapter

17  320, Spaceport Florida under chapter 331, Expedited Permitting

18  under chapter 403, and in carrying out other functions that

19  are specifically assigned to the office by law, by the

20  appropriations process, or by the Governor.

21         Section 6.  Subsection (7) of section 1009.66, Florida

22  Statutes, as amended by section 71 of chapter 2002-402, Laws

23  of Florida, by section 3 of chapter 2002-400, Laws of Florida,

24  and by chapter 2003-1, Laws of Florida, is amended to read:

25         1009.66  Nursing Student Loan Forgiveness Program.--

26         (7)(a)  Funds contained in the Nursing Student Loan

27  Forgiveness Trust Fund which are to be used for loan

28  forgiveness for those nurses employed by hospitals, birth

29  centers, and nursing homes must be matched on a

30  dollar-for-dollar basis by contributions from the employing

31  institutions, except that this provision shall not apply to

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 1  state-operated medical and health care facilities, public

 2  schools, county health departments, federally sponsored

 3  community health centers, teaching hospitals as defined in s.

 4  408.07, family practice teaching hospitals as defined in s.

 5  395.805, or specialty hospitals for children as used in s.

 6  409.9119. An estimate of the annual trust fund dollars shall

 7  be made at the beginning of the fiscal year based on historic

 8  expenditures from the trust fund. Applicant requests shall be

 9  reviewed on a quarterly basis, and applicant awards shall be

10  based on the following priority of employer until all such

11  estimated trust funds are awarded: state-operated medical and

12  health care facilities; public schools; county health

13  departments; federally sponsored community health centers;

14  teaching hospitals as defined in s. 408.07; family practice

15  teaching hospitals as defined in s. 395.805; specialty

16  hospitals for children as used in s. 409.9119; and other

17  hospitals, birth centers, and nursing homes.

18         (b)  All Nursing Student Loan Forgiveness Trust Fund

19  moneys shall be invested pursuant to s. 18.125.  Interest

20  income accruing to that portion of the trust fund not matched

21  shall increase the total funds available for loan forgiveness

22  and scholarships. Pledged contributions shall not be eligible

23  for matching prior to the actual collection of the total

24  private contribution for the year.

25         Section 7.  Subsection (3) of section 385.207, Florida

26  Statutes, as amended by section 73 of chapter 2002-402, Laws

27  of Florida, is amended to read:

28         385.207  Care and assistance of persons with epilepsy;

29  establishment of programs in epilepsy control.--

30         (3)  Revenue for statewide implementation of programs

31  for epilepsy prevention and education pursuant to this section

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 1  shall be derived pursuant to the provisions of s. 318.21(6)

 2  and shall be deposited in the Epilepsy Services Trust Fund,

 3  which is hereby established to be administered by the

 4  Department of Health.  All funds deposited into the trust fund

 5  shall be invested pursuant to the provisions of s. 18.125.

 6  Interest income accruing to such invested funds shall increase

 7  the total funds available under this subsection.

 8         Section 8.  Subsection (1) of section 860.158, Florida

 9  Statutes, as amended by section 75 of chapter 2002-402, Laws

10  of Florida, is amended to read:

11         860.158  Florida Motor Vehicle Theft Prevention Trust

12  Fund.--

13         (1)  There is hereby established within the Department

14  of Legal Affairs the Florida Motor Vehicle Theft Prevention

15  Trust Fund, which shall be administered by the executive

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

17  interest earned from the investment or deposit of moneys

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

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

20  collected under s. 320.08046.

21         Section 9.  Subsection (1) of section 938.01, Florida

22  Statutes, as amended by section 77 of chapter 2002-402, Laws

23  of Florida, is amended to read:

24         938.01  Additional Court Cost Clearing Trust Fund.--

25         (1)  All courts created by Art. V of the State

26  Constitution shall, in addition to any fine or other penalty,

27  assess $3 as a court cost against every person convicted for

28  violation of a state penal or criminal statute or convicted

29  for violation of a municipal or county ordinance. Any person

30  whose adjudication is withheld pursuant to the provisions of

31  s. 318.14(9) or (10) shall also be assessed such cost. In

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 1  addition, $3 from every bond estreature or forfeited bail bond

 2  related to such penal statutes or penal ordinances shall be

 3  remitted to the Department of Revenue as described in this

 4  subsection. However, no such assessment may be made against

 5  any person convicted for violation of any state statute,

 6  municipal ordinance, or county ordinance relating to the

 7  parking of vehicles.

 8         (a)  All costs collected by the courts pursuant to this

 9  subsection shall be remitted to the Department of Revenue in

10  accordance with administrative rules adopted by the executive

11  director of the Department of Revenue for deposit in the

12  Additional Court Cost Clearing Trust Fund. These funds and the

13  funds deposited in the Additional Court Cost Clearing Trust

14  Fund pursuant to s. 318.21(2)(c) shall be distributed as

15  follows:

16         1.  Ninety-two percent to the Department of Law

17  Enforcement Criminal Justice Standards and Training Trust

18  Fund.

19         2.  Six and three-tenths percent to the Department of

20  Law Enforcement Operating Trust Fund for the Criminal Justice

21  Grant Program.

22         3.  One and seven-tenths percent to the Department of

23  Children and Family Services Domestic Violence Trust Fund for

24  the domestic violence program pursuant to s. 39.903(3).

25         (b)  The funds deposited in the Department of Law

26  Enforcement Criminal Justice Standards and Training Trust

27  Fund, the Department of Law Enforcement Operating Trust Fund,

28  and the Department of Children and Family Services Domestic

29  Violence Trust Fund may be invested. Any interest earned from

30  investing such funds and any unencumbered funds remaining at

31  

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 1  the end of the budget cycle shall remain in the respective

 2  trust fund.

 3         (b)(c)  All funds in the Department of Law Enforcement

 4  Criminal Justice Standards and Training Trust Fund shall be

 5  disbursed only in compliance with s. 943.25(9).

 6         Section 10.  Paragraph (b) of subsection (2) of section

 7  215.32, Florida Statutes, is reenacted to read:

 8         215.32  State funds; segregation.--

 9         (2)  The source and use of each of these funds shall be

10  as follows:

11         (b)1.  The trust funds shall consist of moneys received

12  by the state which under law or under trust agreement are

13  segregated for a purpose authorized by law. The state agency

14  or branch of state government receiving or collecting such

15  moneys shall be responsible for their proper expenditure as

16  provided by law. Upon the request of the state agency or

17  branch of state government responsible for the administration

18  of the trust fund, the Comptroller may establish accounts

19  within the trust fund at a level considered necessary for

20  proper accountability. Once an account is established within a

21  trust fund, the Comptroller may authorize payment from that

22  account only upon determining that there is sufficient cash

23  and releases at the level of the account.

24         2.  In order to maintain a minimum number of trust

25  funds in the State Treasury, each state agency or the judicial

26  branch may consolidate, if permitted under the terms and

27  conditions of their receipt, the trust funds administered by

28  it; provided, however, the agency or judicial branch employs

29  effectively a uniform system of accounts sufficient to

30  preserve the integrity of such trust funds; and provided,

31  

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 1  further, that consolidation of trust funds is approved by the

 2  Governor or the Chief Justice.

 3         3.  All such moneys are hereby appropriated to be

 4  expended in accordance with the law or trust agreement under

 5  which they were received, subject always to the provisions of

 6  chapter 216 relating to the appropriation of funds and to the

 7  applicable laws relating to the deposit or expenditure of

 8  moneys in the State Treasury.

 9         4.a.  Notwithstanding any provision of law restricting

10  the use of trust funds to specific purposes, unappropriated

11  cash balances from selected trust funds may be authorized by

12  the Legislature for transfer to the Budget Stabilization Fund

13  and Working Capital Fund in the General Appropriations Act.

14         b.  This subparagraph does not apply to trust funds

15  required by federal programs or mandates; trust funds

16  established for bond covenants, indentures, or resolutions

17  whose revenues are legally pledged by the state or public body

18  to meet debt service or other financial requirements of any

19  debt obligations of the state or any public body; the State

20  Transportation Trust Fund; the trust fund containing the net

21  annual proceeds from the Florida Education Lotteries; the

22  Florida Retirement System Trust Fund; trust funds under the

23  management of the Board of Regents, where such trust funds are

24  for auxiliary enterprises, self-insurance, and contracts,

25  grants, and donations, as those terms are defined by general

26  law; trust funds that serve as clearing funds or accounts for

27  the Comptroller or state agencies; trust funds that account

28  for assets held by the state in a trustee capacity as an agent

29  or fiduciary for individuals, private organizations, or other

30  governmental units; and other trust funds authorized by the

31  State Constitution.

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 1         Section 11.  If any law that is amended by this act was

 2  also amended by a law enacted at the 2003 Regular Session of

 3  the Legislature, such laws shall be construed as if they had

 4  been enacted at the same session of the Legislature, and full

 5  effect should be given to each if that is possible.

 6         Section 12.  This act shall take effect July 1, 2003.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Gives permanent status to certain temporary changes in
      the distribution of trust funds and trust fund interest
11    proceeds which had been enacted with temporary effect by
      the 2002-2003 implementing bill.
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