September 24, 2020
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       Florida Senate - 2010                                    SB 1636
       
       
       
       By Senator Fasano
       
       
       
       
       11-01368-10                                           20101636__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; creating the Clearing
    3         Funds Trust Fund within the Department of State;
    4         providing for sources of funds and purposes; providing
    5         for future review and termination or re-creation of
    6         the trust fund; amending ss. 99.092 and 99.093, F.S.;
    7         clarifying provisions requiring that election
    8         assessments be transferred to the Elections Commission
    9         Trust Fund within the Department of Legal Affairs;
   10         amending s. 105.031, F.S.; requiring that the filing
   11         fees for certain offices be transferred to the
   12         Department of Legal Affairs rather than the Department
   13         of Revenue for deposit into the Elections Commission
   14         Trust Fund; amending s. 106.24, F.S.; deleting an
   15         obsolete reference to the Division of Elections with
   16         respect to the use of funds in the Elections
   17         Commission Trust Fund; amending s. 610.104, F.S.;
   18         requiring that certain funds paid to the Department of
   19         State by cable or video providers be deposited into
   20         the Clearing Funds Trust Fund rather than the
   21         Operating Trust Fund; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Clearing Funds Trust Fund.—
   26         (1)The Clearing Funds Trust Fund is created within the
   27  Department of State.
   28         (2)The trust fund is established for use as a depository
   29  for funds to account for collections pending distribution to
   30  lawful recipients. Funds shall be expended only pursuant to
   31  legislative appropriation or an approved amendment to the
   32  department’s operating budget pursuant to the provisions of
   33  chapter 216, Florida Statutes.
   34         (3)In accordance with s. 19(f)(2), Art. III of the State
   35  Constitution, the Clearing Funds Trust Fund shall, unless
   36  terminated sooner, be terminated on July 1, 2014. Before its
   37  scheduled termination, the trust fund shall be reviewed as
   38  provided in s. 215.3206(1) and (2), Florida Statutes.
   39         Section 2. Subsection (1) of section 99.092, Florida
   40  Statutes, is amended to read:
   41         99.092 Qualifying fee of candidate; notification of
   42  Department of State.—
   43         (1) Each person seeking to qualify for nomination or
   44  election to any office, except a person seeking to qualify by
   45  the petition process pursuant to s. 99.095 and except a person
   46  seeking to qualify as a write-in candidate, shall pay a
   47  qualifying fee, which shall consist of a filing fee and election
   48  assessment, to the officer with whom the person qualifies, and
   49  any party assessment levied, and shall attach the original or
   50  signed duplicate of the receipt for his or her party assessment
   51  or pay the same, in accordance with the provisions of s.
   52  103.121, at the time of filing his or her other qualifying
   53  papers. The amount of the filing fee is 3 percent of the annual
   54  salary of the office. The amount of the election assessment is 1
   55  percent of the annual salary of the office sought. The election
   56  assessment shall be deposited into the Clearing Funds Trust Fund
   57  and transferred to the Elections Commission Trust Fund within
   58  the Department of Legal Affairs. The amount of the party
   59  assessment is 2 percent of the annual salary. The annual salary
   60  of the office for purposes of computing the filing fee, election
   61  assessment, and party assessment shall be computed by
   62  multiplying 12 times the monthly salary, excluding any special
   63  qualification pay, authorized for such office as of July 1
   64  immediately preceding the first day of qualifying. No qualifying
   65  fee shall be returned to the candidate unless the candidate
   66  withdraws his or her candidacy before the last date to qualify.
   67  If a candidate dies prior to an election and has not withdrawn
   68  his or her candidacy before the last date to qualify, the
   69  candidate’s qualifying fee shall be returned to his or her
   70  designated beneficiary, and, if the filing fee or any portion
   71  thereof has been transferred to the political party of the
   72  candidate, the Secretary of State shall direct the party to
   73  return that portion to the designated beneficiary of the
   74  candidate.
   75         Section 3. Subsection (1) of section 99.093, Florida
   76  Statutes, is amended to read:
   77         99.093 Municipal candidates; election assessment.—
   78         (1) Each person seeking to qualify for nomination or
   79  election to a municipal office shall pay, at the time of
   80  qualifying for office, an election assessment. The election
   81  assessment shall be an amount equal to 1 percent of the annual
   82  salary of the office sought. Within 30 days after the close of
   83  qualifying, the qualifying officer shall forward all assessments
   84  collected pursuant to this section to the Department of State
   85  for transfer to deposit in the Elections Commission Trust Fund
   86  within the Department of Legal Affairs.
   87         Section 4. Subsection (3) of section 105.031, Florida
   88  Statutes, is amended to read:
   89         105.031 Qualification; filing fee; candidate’s oath; items
   90  required to be filed.—
   91         (3) QUALIFYING FEE.—Each candidate qualifying for election
   92  to a judicial office or the office of school board member,
   93  except write-in judicial or school board candidates, shall,
   94  during the time for qualifying, pay to the officer with whom he
   95  or she qualifies a qualifying fee, which shall consist of a
   96  filing fee and an election assessment, or qualify by the
   97  petition process. The amount of the filing fee is 3 percent of
   98  the annual salary of the office sought. The amount of the
   99  election assessment is 1 percent of the annual salary of the
  100  office sought. The Department of State shall transfer forward
  101  all filing fees to the Department of Legal Affairs Revenue for
  102  deposit in the Elections Commission Trust Fund. The supervisor
  103  of elections shall forward all filing fees to the Elections
  104  Commission Trust Fund. The election assessment shall be
  105  deposited into the Elections Commission Trust Fund. The annual
  106  salary of the office for purposes of computing the qualifying
  107  fee shall be computed by multiplying 12 times the monthly salary
  108  authorized for such office as of July 1 immediately preceding
  109  the first day of qualifying. This subsection does shall not
  110  apply to candidates qualifying for retention to judicial office.
  111         Section 5. Subsection (6) of section 106.24, Florida
  112  Statutes, is amended to read:
  113         106.24 Florida Elections Commission; membership; powers;
  114  duties.—
  115         (6) There is hereby established in the State Treasury an
  116  Elections Commission Trust Fund to be used utilized by the
  117  Division of Elections and the Florida Elections Commission in
  118  order to carry out its their duties pursuant to ss. 106.24
  119  106.28. The trust fund may also be used by the Secretary of
  120  State, pursuant to his or her authority under s. 97.012(14), to
  121  provide rewards for information leading to criminal convictions
  122  related to voter registration fraud, voter fraud, and vote
  123  scams.
  124         Section 6. Subsection (12) of section 610.104, Florida
  125  Statutes, is amended to read:
  126         610.104 State authorization to provide cable or video
  127  service.—
  128         (12) Beginning 5 years after approval of the
  129  certificateholder’s initial certificate of franchise issued by
  130  the department, and every 5 years thereafter, the
  131  certificateholder shall update the information contained in the
  132  original application for a certificate of franchise. At the time
  133  of filing the information update, the certificateholder shall
  134  pay a processing fee of $1,000. Any certificateholder that fails
  135  to file the updated information and pay the processing fee on
  136  the 5-year anniversary dates shall be subject to cancellation of
  137  its state-issued certificate of franchise authority if, upon
  138  notice given to the certificateholder at its last address on
  139  file with the department, the certificateholder fails to file
  140  the updated information and pay the processing fee within 30
  141  days after the date notice was mailed. The application and
  142  processing fees imposed in this section shall be paid to the
  143  Department of State for deposit into the Clearing Funds
  144  Operating Trust Fund for immediate transfer by the Chief
  145  Financial Officer to the General Inspection Trust Fund of the
  146  Department of Agriculture and Consumer Services. The Department
  147  of Agriculture and Consumer Services shall maintain a separate
  148  account within the General Inspection Trust Fund to distinguish
  149  cable franchise revenues from all other funds. The application,
  150  any amendments to the certificate, or information updates must
  151  be accompanied by a fee to the Department of State equal to that
  152  for filing articles of incorporation pursuant to s. 607.0122(1).
  153         Section 7. This act shall take effect July 1, 2010.

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