September 17, 2019
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       Florida Senate - 2009                             CS for SB 1806
       
       
       
       By the Policy and Steering Committee on Ways and Means; and
       Senator Alexander
       
       
       
       576-04565-09                                          20091806c1
    1                        A bill to be entitled                      
    2         An act relating to the service charge on income of
    3         trust funds; amending s. 215.20, F.S.; increasing the
    4         service charge on income of a revenue nature deposited
    5         into certain trust funds; applying the increased
    6         service charge to service charges deposited into the
    7         General Revenue Fund on or after a certain date;
    8         deleting provisions providing a reduced service charge
    9         on the income of certain trust funds; amending s.
   10         527.23, F.S.; increasing surcharge on income of a
   11         trust fund for income relating to marketing orders;
   12         amending s. 570.20, F.S.; increasing the service
   13         charge on income to the General Inspection Trust Fund
   14         of the Department of Agriculture and Consumer
   15         Services; amending s. 601.15, F.S.; increasing the
   16         service charge on income to the Florida Citrus
   17         Advertising Trust Fund; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 215.20, Florida Statutes, is amended to
   22  read:
   23         215.20 Certain income and certain trust funds to contribute
   24  to the General Revenue Fund.—
   25         (1) A service charge of 8 7 percent, representing the
   26  estimated pro rata share of the cost of general government paid
   27  from the General Revenue Fund, is hereby appropriated from all
   28  income of a revenue nature deposited in all trust funds except
   29  those enumerated in s. 215.22. Income of a revenue nature shall
   30  include all earnings received or credited by such trust funds,
   31  including the interest or benefit received from the investment
   32  of the principal of such trust funds as may be permitted by law.
   33  The service charge applies to service charges deposited into the
   34  General Revenue Fund on or after July 1, 2009. This provision
   35  shall be construed in favor of the General Revenue Fund in each
   36  instance. All such appropriations shall be deposited in the
   37  General Revenue Fund.
   38         (2) Notwithstanding the provisions of subsection (1),:
   39         (a) the trust funds of the Department of Citrus and the
   40  Department of Agriculture and Consumer Services, including funds
   41  collected in the General Inspection Trust Fund for marketing
   42  orders and in the Florida Citrus Advertising Trust Fund, shall
   43  be subject to a 4 percent 3-percent service charge, which is
   44  hereby appropriated to the General Revenue Fund. This paragraph
   45  does not apply to the Conservation and Recreation Lands Program
   46  Trust Fund, the Citrus Inspection Trust Fund, the Florida
   47  Forever Program Trust Fund, the Market Improvements Working
   48  Capital Trust Fund, the Pest Control Trust Fund, the Plant
   49  Industry Trust Fund, or other funds collected in the General
   50  Inspection Trust Fund in the Department of Agriculture and
   51  Consumer Services.
   52         (b)The Save the Manatee Trust Fund in the Fish and
   53  Wildlife Conservation Commission shall be subject to a 3-percent
   54  service charge, which is hereby appropriated to the General
   55  Revenue Fund.
   56         (3)A service charge of 0.3 percent is hereby appropriated
   57  from income of a revenue nature deposited in the trust funds
   58  enumerated in subsection (4). Income of a revenue nature shall
   59  include all earnings received or credited by such trust funds,
   60  including the interest or benefit received from the investment
   61  of the principal of such trust funds as may be permitted by law.
   62  This provision shall be construed in favor of the General
   63  Revenue Fund in each instance. All such appropriations shall be
   64  deposited in the General Revenue Fund.
   65         (4)The income of a revenue nature deposited in the
   66  following described trust funds, by whatever name designated, is
   67  that from which the appropriations authorized by subsection (3)
   68  shall be made:
   69         (a)Within the Agency for Health Care Administration, the
   70  Health Care Trust Fund.
   71         (b)Within the Agency for Workforce Innovation:
   72         1.The Employment Security Administration Trust Fund.
   73         2.The Special Employment Security Administration Trust
   74  Fund.
   75         (c)Within the Department of Agriculture and Consumer
   76  Services:
   77         1.The Conservation and Recreation Lands Program Trust
   78  Fund.
   79         2.The General Inspection Trust Fund and subsidiary
   80  accounts thereof, unless a different percentage is authorized by
   81  s. 570.20.
   82         3.The Division of Licensing Trust Fund.
   83         (d)Within the Department of Business and Professional
   84  Regulation:
   85         1.The Administrative Trust Fund.
   86         2.The Alcoholic Beverage and Tobacco Trust Fund.
   87         3.The Cigarette Tax Collection Trust Fund.
   88         4.The Division of Florida Condominiums, Timeshares, and
   89  Mobile Homes Trust Fund.
   90         5.The Hotel and Restaurant Trust Fund, with the exception
   91  of those fees collected for the purpose of funding of the
   92  hospitality education program as stated in s. 509.302.
   93         6.The Professional Regulation Trust Fund.
   94         7.The trust funds administered by the Division of Pari
   95  mutuel Wagering.
   96         (e)Within the Department of Children and Family Services:
   97         1.The Administrative Trust Fund.
   98         2.The Child Welfare Training Trust Fund.
   99         3.The Domestic Violence Trust Fund.
  100         4.The Grants and Donations Trust Fund.
  101         5.The Operations and Maintenance Trust Fund.
  102         (f)Within the Department of Citrus, the Florida Citrus
  103  Advertising Trust Fund, including transfers from any subsidiary
  104  accounts thereof, unless a different percentage is authorized in
  105  s. 601.15(7).
  106         (g)Within the Department of Community Affairs, the
  107  Operating Trust Fund.
  108         (h)Within the Department of Education:
  109         1.The Educational Certification and Service Trust Fund.
  110         2.The Phosphate Research Trust Fund.
  111         (i)Within the Department of Elderly Affairs:
  112         1.The Administrative Trust Fund.
  113         2.The Federal Grants Trust Fund.
  114         3.The Grants and Donations Trust Fund.
  115         4.The Operations and Maintenance Trust Fund.
  116         (j)Within the Department of Environmental Protection:
  117         1.The Administrative Trust Fund.
  118         2.The Air Pollution Control Trust Fund.
  119         3.The Conservation and Recreation Lands Trust Fund.
  120         4.The Ecosystem Management and Restoration Trust Fund.
  121         5.The Environmental Laboratory Trust Fund.
  122         6.The Florida Coastal Protection Trust Fund.
  123         7.The Florida Permit Fee Trust Fund.
  124         8.The Grants and Donations Trust Fund.
  125         9.The Inland Protection Trust Fund.
  126         10.The Internal Improvement Trust Fund.
  127         11.The Land Acquisition Trust Fund.
  128         12.The Minerals Trust Fund.
  129         13.The Nonmandatory Land Reclamation Trust Fund.
  130         14.The State Park Trust Fund.
  131         15.The Water Quality Assurance Trust Fund.
  132         16.The Working Capital Trust Fund.
  133         (k)Within the Department of Financial Services:
  134         1.The Agents County Tax Trust Fund.
  135         2.The Insurance Regulatory Trust Fund.
  136         3.The Special Disability Trust Fund.
  137         4.The Workers’ Compensation Administration Trust Fund.
  138         (l)Within the Department of Health:
  139         1.The Administrative Trust Fund.
  140         2.The Brain and Spinal Cord Injury Program Trust Fund.
  141         3.The Donations Trust Fund.
  142         4.The Emergency Medical Services Trust Fund.
  143         5.The Epilepsy Services Trust Fund.
  144         6.The Florida Drug, Device, and Cosmetic Trust Fund.
  145         7.The Grants and Donations Trust Fund.
  146         8.The Medical Quality Assurance Trust Fund.
  147         9.The Nursing Student Loan Forgiveness Trust Fund.
  148         10.The Planning and Evaluation Trust Fund.
  149         11.The Radiation Protection Trust Fund.
  150         (m)Within the Department of Highway Safety and Motor
  151  Vehicles, the DUI Programs Coordination Trust Fund.
  152         (n)Within the Department of Legal Affairs, the Crimes
  153  Compensation Trust Fund.
  154         (o)Within the Department of Management Services:
  155         1.The Administrative Trust Fund.
  156         2.The Architects Incidental Trust Fund.
  157         3.The Bureau of Aircraft Trust Fund.
  158         4.The Florida Facilities Pool Working Capital Trust Fund.
  159         5.The Grants and Donations Trust Fund.
  160         6.The Police and Firefighters’ Premium Tax Trust Fund.
  161         7.The Public Employees Relations Commission Trust Fund.
  162         8.The State Personnel System Trust Fund.
  163         9.The Supervision Trust Fund.
  164         10.The Working Capital Trust Fund.
  165         (p)Within the Department of Revenue:
  166         1.The Additional Court Cost Clearing Trust Fund.
  167         2.The Administrative Trust Fund.
  168         3.The Certification Program Trust Fund.
  169         4.The Fuel Tax Collection Trust Fund.
  170         5.The Local Alternative Fuel User Fee Clearing Trust Fund.
  171         6.The Local Option Fuel Tax Trust Fund.
  172         7.The Motor Vehicle Rental Surcharge Clearing Trust Fund.
  173         8.The Motor Vehicle Warranty Trust Fund.
  174         9.The Oil and Gas Tax Trust Fund.
  175         10.The Operations Trust Fund.
  176         11.The Severance Tax Solid Mineral Trust Fund.
  177         12.The State Alternative Fuel User Fee Clearing Trust
  178  Fund.
  179         13.All taxes levied on motor fuels other than gasoline
  180  levied pursuant to the provisions of s. 206.87(1)(a).
  181         (q)Within the Department of State:
  182         1.The Records Management Trust Fund.
  183         2.The trust funds administered by the Division of
  184  Historical Resources.
  185         (r)Within the Department of Transportation, all income
  186  derived from outdoor advertising and overweight violations which
  187  is deposited in the State Transportation Trust Fund.
  188         (s)Within the Department of Veterans’ Affairs:
  189         1.The Grants and Donations Trust Fund.
  190         2.The Operations and Maintenance Trust Fund.
  191         3.The State Homes for Veterans Trust Fund.
  192         (t)Within the Division of Administrative Hearings, the
  193  Administrative Trust Fund.
  194         (u)Within the Fish and Wildlife Conservation Commission:
  195         1.The Conservation and Recreation Lands Program Trust
  196  Fund.
  197         2.The Florida Panther Research and Management Trust Fund.
  198         3.The Land Acquisition Trust Fund.
  199         4.The Marine Resources Conservation Trust Fund, with the
  200  exception of those fees collected for recreational saltwater
  201  fishing licenses as provided in s. 379.354.
  202         (v)Within the Florida Public Service Commission, the
  203  Florida Public Service Regulatory Trust Fund.
  204         (w)Within the Justice Administrative Commission, the
  205  Indigent Criminal Defense Trust Fund.
  206         (x)Within the Office of Financial Regulation of the
  207  Financial Services Commission:
  208         1.The Administrative Trust Fund.
  209         2.The Anti-Fraud Trust Fund.
  210         3.The Financial Institutions’ Regulatory Trust Fund.
  211         4.The Regulatory Trust Fund.
  212         (3)Subsection (1) does The enumeration of the foregoing
  213  moneys or trust funds shall not prohibit the applicability of s.
  214  215.24 should the Governor determine that for the reasons
  215  mentioned in s. 215.24 the money or trust funds should be exempt
  216  herefrom, as it is the purpose of this law to exempt income from
  217  its force and effect when, by the operation of this law, federal
  218  matching funds or contributions or private grants to any trust
  219  fund would be lost to the state.
  220         (4)(5) There is appropriated from the proper respective
  221  trust funds from time to time such sums as may be necessary to
  222  pay to the General Revenue Fund the service charges imposed by
  223  this section.
  224         Section 2. Paragraph (b) of subsection (9) of section
  225  527.23, Florida Statutes, is amended to read:
  226         527.23 Marketing orders; referendum requirements;
  227  assessments.—
  228         (9)
  229         (b) The collected assessments shall be deposited into the
  230  General Inspection Trust Fund and shall be used for the sole
  231  purpose of implementing the marketing order for which the
  232  assessment was collected. Four Three percent of all income of a
  233  revenue nature deposited in this fund, including transfers from
  234  any subsidiary accounts thereof and any interest income, shall
  235  be deposited in the General Revenue Fund pursuant to chapter
  236  215. The department is not subject to the procedures found in s.
  237  287.057 in the expenditure of these funds. However, the director
  238  of the Division of Marketing and Development shall file with the
  239  internal auditor of the department a certification of conditions
  240  and circumstances justifying each contract or agreement entered
  241  into without competitive bidding.
  242         Section 3. Subsection (1) of section 570.20, Florida
  243  Statutes, is amended to read:
  244         570.20 General Inspection Trust Fund.—
  245         (1) All donations and all inspection fees and other funds
  246  authorized and received from whatever source in the enforcement
  247  of the inspection laws administered by the department shall be
  248  paid into the General Inspection Trust Fund of Florida, which is
  249  created in the office of the Chief Financial Officer. All
  250  expenses incurred in carrying out the provisions of the
  251  inspection laws shall be paid from this fund as other funds are
  252  paid from the State Treasury. A percentage of all revenue
  253  deposited in this fund, including transfers from any subsidiary
  254  accounts, shall be deposited in the General Revenue Fund
  255  pursuant to chapter 215, except that funds collected for
  256  marketing orders shall pay at the rate of 4 3 percent.
  257         Section 4. Paragraph (a) of subsection (7) of section
  258  601.15, Florida Statutes, is amended to read:
  259         601.15 Advertising campaign; methods of conducting; excise
  260  tax; emergency reserve fund; citrus research.—
  261         (7) All excise taxes levied and collected under the
  262  provisions of this chapter shall be paid into the State Treasury
  263  on or before the 15th day of each month; such moneys shall be
  264  accounted for in a special fund to be designated as the Florida
  265  Citrus Advertising Trust Fund, and all moneys in such fund are
  266  hereby appropriated to the Department of Citrus for the
  267  following purposes:
  268         (a) Four Three percent of all income of a revenue nature
  269  deposited in this fund, including transfers from any subsidiary
  270  accounts thereof and any interest income, shall be deposited in
  271  the General Revenue Fund pursuant to chapter 215.
  272         Section 5. This act shall take effect July 1, 2009.

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