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

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