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

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