December 13, 2019
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Senate Bill 2646

Senate Bill sb2646er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



  1                                 

  2         An act relating to trust funds; terminating

  3         specified trust funds within the Department of

  4         State, the Department of Highway Safety and

  5         Motor Vehicles, and the Department of Community

  6         Affairs; providing for disposition of balances

  7         in and revenues of the trust funds; declaring

  8         findings of the Legislature that specified

  9         trust funds within the Executive Office of the

10         Governor, the Department of Transportation, the

11         Department of Community Affairs, and the

12         Department of Highway Safety and Motor Vehicles

13         are exempt from the termination requirements of

14         s. 19(f), Art. III of the State Constitution;

15         repealing s. 445.0324(5), F.S.; abrogating

16         provisions relating to the termination of the

17         Welfare Transition Trust Fund within the Agency

18         for Workforce Innovation; amending s. 252.373,

19         F.S.; revising provisions specifying the use of

20         funds in the Emergency Management,

21         Preparedness, and Assistance Trust Fund within

22         the Department of Community Affairs; amending

23         s. 120.55, F.S.; requiring that fees and moneys

24         collected for the publication and distribution

25         of the Florida Administrative Code and Florida

26         Administrative Weekly be deposited in the

27         Records Management Trust Fund of the Department

28         of State; deleting provisions authorizing the

29         Department of State to collect a surcharge for

30         costs relating to publication of the Florida

31         Administrative Weekly; amending s. 443.211,


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         F.S.; requiring that funds collected for

 2         certain information services be deposited into

 3         the Employment Security Administration Trust

 4         Fund; amending ss. 322.08 and 320.02, F.S.;

 5         providing that certain contributions received

 6         in connection with a driver's license

 7         application or motor vehicle registration are

 8         not income of a revenue nature for purposes of

 9         a service charge imposed on certain trust

10         funds; providing an effective date.

11  

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

13  

14         Section 1.  (1)  The following trust funds within the

15  following departments are terminated:

16         (a)  Within the Department of State:

17         1.  The Publications Revolving Trust Fund, FLAIR number

18  45-2-561. All current balances remaining in, and all revenues

19  of, the Publications Revolving Trust Fund shall be transferred

20  to the Records Management Trust Fund, FLAIR number 45-2-572,

21  within the Department of State.

22         2.  The Ringling Museum Investment Trust Fund, FLAIR

23  number 45-2-411.

24         3.  The Library Construction Trust Fund, FLAIR number

25  45-2-447.

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

27  Vehicles, the Civil Fines Clearing Trust Fund, FLAIR number

28  76-2-094.

29         (c)  Within the Department of Community Affairs:

30         1.  The Coastal Zone Management Trust Fund, FLAIR

31  number 52-2-096.


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         2.  The Governor's Council on Criminal Justice Trust

 2  Fund, FLAIR number 52-2-333.

 3         (2)  Unless otherwise provided, all current balances

 4  remaining in, and all revenues of, each trust fund terminated

 5  by this act shall be transferred to the General Revenue Fund.

 6         (3)  For each trust fund terminated by this act, the

 7  agency that administers the trust fund shall pay any

 8  outstanding debts and obligations of the terminated fund as

 9  soon as practicable, and the Chief Financial Officer shall

10  close out and remove the terminated fund from the various

11  state accounting systems using generally accepted accounting

12  principles concerning warrants outstanding, assets, and

13  liabilities.

14         Section 2.  The Legislature finds that the following

15  trust funds are exempt from termination pursuant to Section

16  19(f), Article III of the State Constitution:

17         (1)  Within the Executive Office of the Governor, the

18  Administered Funds Trust Fund, FLAIR number 31-2-732. This

19  trust fund, created by section 216.273, Florida Statutes, was

20  previously known as the Trust Funds Trust Fund.

21         (2)  Within the Department of Transportation:

22         (a)  The Central Florida Beltway Trust Fund, FLAIR

23  number 55-2-074.

24         (b)  The Everglades Parkway Construction Trust Fund,

25  FLAIR number 55-2-199.

26         (c)  The Turnpike Renewal and Replacement Trust Fund,

27  FLAIR number 55-2-324.

28         (d)  The Turnpike General Reserve Trust Fund, FLAIR

29  number 55-2-326.

30         (e)  The Turnpike Bond Construction Trust Fund, FLAIR

31  number 55-2-340.


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         (f)  The Jacksonville Transportation Authority Project

 2  Construction Trust Fund, FLAIR number 55-2-413.

 3         (g)  The Jefferson County 1992 Project Construction

 4  Trust Fund, FLAIR number 55-2-418.

 5         (h)  State Transportation Trust Fund, FLAIR number

 6  55-2-540.

 7         (i)  The Right-of-Way Acquisition and Bridge

 8  Construction Trust Fund, FLAIR number 55-2-586.

 9         (3)  Within the Department of Community Affairs:

10         (a)  The Florida Preservation 2000 Trust Fund, FLAIR

11  number 52-2-332.

12         (b)  The Florida Forever Program Trust Fund, FLAIR

13  number 52-2-349.

14         (4)  Within the Department of Highway Safety and Motor

15  Vehicles:

16         (a)  The International Registration Clearing Trust

17  Fund, FLAIR number 76-2-410.

18         (b)  The License Tax Collection Trust Fund, FLAIR

19  number 76-2-452.

20         (c)  The Motor Vehicle License Clearing Trust Fund,

21  FLAIR number 76-2-488.

22         (d)  The Security Deposits Trust Fund, FLAIR number

23  76-2-625.

24         Section 3.  Subsection (5) of section 445.0325, Florida

25  Statutes, is repealed.

26         Section 4.  Section 252.373, Florida Statutes, is

27  amended to read:

28         252.373  Allocation of funds; rules.--

29         (1)(a)  Funds appropriated from the Emergency

30  Management, Preparedness, and Assistance Trust Fund shall be

31  


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1  allocated by the Department of Community Affairs for the

 2  following purposes as follows:

 3         1.  Sixty percent To implement and administer state and

 4  local emergency management programs, including administration,

 5  training, and operations of which 20 percent shall be used by

 6  the division and 80 percent shall be allocated to local

 7  emergency management agencies and programs.  Of this 80

 8  percent, at least 80 percent shall be allocated to counties.

 9         2.  Twenty percent to provide for state relief

10  assistance for nonfederally declared disasters, including but

11  not limited to grants and below-interest-rate loans to

12  businesses for uninsured losses resulting from a disaster.

13         2.3.  Twenty percent For grants and loans to state or

14  regional agencies, local governments, and private

15  organizations to implement projects that will further state

16  and local emergency management objectives.  These projects

17  must include, but need not be limited to, projects that will

18  promote public education on disaster preparedness and recovery

19  issues, enhance coordination of relief efforts of statewide

20  private sector organizations, and improve the training and

21  operations capabilities of agencies assigned lead or support

22  responsibilities in the state comprehensive emergency

23  management plan, including the State Fire Marshal's Office for

24  coordinating the Florida fire services. The division shall

25  establish criteria and procedures for competitive allocation

26  of these funds by rule.  No more than 5 percent of any award

27  made pursuant to this subparagraph may be used for

28  administrative expenses. This competitive criteria must give

29  priority consideration to hurricane evacuation shelter

30  retrofit projects.

31  


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         3.  To meet any matching requirements imposed as a

 2  condition of receiving federal disaster relief assistance.

 3         (b)  Notwithstanding the provisions of paragraph (a),

 4  and for the 2003-2004 fiscal year only, the use of the

 5  Emergency Management, Preparedness, and Assistance Trust Fund

 6  shall be as provided in the General Appropriations Act. This

 7  paragraph expires on July 1, 2004.

 8         (c)  Notwithstanding the provisions of paragraph (a),

 9  and for the 2003-2004 fiscal year only, the Department of

10  Community Affairs shall conduct a review of funds available in

11  the Emergency Management, Preparedness, and Assistance Trust

12  Fund. By December 31, 2003, when actual receipts for the

13  2002-2003 fiscal year are determined, the Department of

14  Community Affairs may identify any funds that were unspent or

15  unencumbered in the 2002-2003 fiscal year, and such funds may

16  be transferred to the Grants and Donations Trust Fund to be

17  used for the state portion of the match requirements for

18  federally approved disaster projects. This paragraph expires

19  July 1, 2004.

20         (2)  The distribution formula provided in subsection

21  (1) may be adjusted proportionally when necessary to meet any

22  matching requirements imposed as a condition of receiving

23  federal disaster relief assistance or planning funds.

24         (2)(3)  The department shall allocate funds from the

25  Emergency Management, Preparedness, and Assistance Trust Fund

26  to local emergency management agencies and programs pursuant

27  to criteria specified in rule.  Such rules shall include, but

28  are not limited to:

29         (a)  Requiring that, at a minimum, a local emergency

30  management agency either:

31  


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         1.  Have a program director who works at least 40 hours

 2  a week in that capacity; or

 3         2.  If the county has fewer than 75,000 population or

 4  is party to an interjurisdictional emergency management

 5  agreement entered into pursuant to s. 252.38(3)(b), that is

 6  recognized by the Governor by executive order or rule, have an

 7  emergency management coordinator who works at least 20 hours a

 8  week in that capacity.

 9         (b)  Specifying a formula that establishes a base grant

10  allocation and weighted factors for funds to be allocated over

11  the base grant amount.

12         (c)  Specifying match requirements.

13         (d)  Preferential funding to provide incentives to

14  counties and municipalities to participate in mutual aid

15  agreements.

16         (3)(4)  If adequate funds are available as determined

17  by the division, every county shall receive funds at least

18  sufficient to fund a dedicated, full-time emergency

19  preparedness officer position.

20         Section 5.  Subsection (5) of section 120.55, Florida

21  Statutes, is amended to read:

22         120.55  Publication.--

23         (5)(a)  There is hereby created in the State Treasury a

24  revolving fund to be known as the "Publication Revolving Trust

25  Fund" of the Department of State.

26         (a)(b)  All fees and moneys collected by the Department

27  of State under this chapter shall be deposited in the Records

28  Management revolving Trust Fund for the purpose of paying for

29  the publication and distribution of the Florida Administrative

30  Code and the Florida Administrative Weekly and for associated

31  costs incurred by the department in carrying out this chapter.


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1         (b)(c)  The unencumbered balance in the Records

 2  Management Trust Fund for fees collected pursuant to this

 3  chapter revolving trust fund at the beginning of each fiscal

 4  year shall not exceed $300,000 at the beginning of each fiscal

 5  year, and any excess shall be transferred to the General

 6  Revenue Fund.

 7         (c)(d)  It is the intent of the Legislature that the

 8  Florida Administrative Weekly be supported entirely from funds

 9  collected for subscriptions to and advertisements in the

10  Florida Administrative Weekly.  To that end, the Department of

11  State is authorized to add a surcharge of 10 percent to any

12  charge relating to the Florida Administrative Weekly until

13  such time as the Publication Revolving Trust Fund has

14  transferred to the General Revenue Fund an amount equal to all

15  funds appropriated to the trust fund.

16         Section 6.  Subsection (1) of section 443.211, Florida

17  Statutes, is amended to read:

18         443.211  Employment Security Administration Trust Fund;

19  appropriation; reimbursement.--

20         (1)  EMPLOYMENT SECURITY ADMINISTRATION TRUST

21  FUND.--There is created in the State Treasury the "Employment

22  Security Administration Trust Fund." All moneys deposited into

23  this fund remain continuously available to the Agency for

24  Workforce Innovation for expenditure in accordance with this

25  chapter and do not revert at any time and may not be

26  transferred to any other fund. All moneys in this fund which

27  are received from the Federal Government or any federal agency

28  or which are appropriated by this state under ss. 443.171 and

29  443.181, except money received under s. 443.191(5)(c), must be

30  expended solely for the purposes and in the amounts found

31  necessary by the authorized cooperating federal agencies for


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1  the proper and efficient administration of this chapter. The

 2  fund consists of: all moneys appropriated by this state; all

 3  moneys received from the United States or any federal agency;

 4  all moneys received from any other source for the

 5  administration of this chapter; any funds collected for

 6  enhanced, specialized, or value-added labor market information

 7  services; any moneys received from any agency of the United

 8  States or any other state as compensation for services or

 9  facilities supplied to that agency; any amounts received from

10  any surety bond or insurance policy or from other sources for

11  losses sustained by the Employment Security Administration

12  Trust Fund or by reason of damage to equipment or supplies

13  purchased from moneys in the fund; and any proceeds from the

14  sale or disposition of such equipment or supplies. All money

15  requisitioned and deposited in this fund under s.

16  443.191(5)(c) remains part of the Unemployment Compensation

17  Trust Fund and must be used only in accordance with s.

18  443.191(5). All moneys in this fund must be deposited,

19  administered, and disbursed in the same manner and under the

20  same conditions and requirements as provided by law for other

21  trust funds in the State Treasury. These moneys must be

22  secured by the depositary in which they are held to the same

23  extent and in the same manner as required by the general

24  depositary law of the state, and collateral pledged must be

25  maintained in a separate custody account. All payments from

26  the Employment Security Administration Trust Fund must be

27  approved by the Agency for Workforce Innovation or by an

28  authorized agent and must be made by the Chief Financial

29  Officer. Any balances in this fund do not revert at any time

30  and must remain continuously available to the Agency for

31  


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1  Workforce Innovation for expenditure consistent with this

 2  chapter.

 3         Section 7.  Subsection (6) of section 322.08, Florida

 4  Statutes, is amended to read:

 5         322.08  Application for license.--

 6         (6)  The application form for a driver's license or

 7  duplicate thereof shall include language permitting the

 8  following:

 9         (a)  A voluntary contribution of $5 per applicant,

10  which contribution shall be transferred into the Election

11  Campaign Financing Trust Fund.

12         (b)  A voluntary contribution of $1 per applicant,

13  which contribution shall be deposited into the Florida Organ

14  and Tissue Donor Education and Procurement Trust Fund for

15  organ and tissue donor education and for maintaining the organ

16  and tissue donor registry.

17         (c)  A voluntary contribution of $1 per applicant,

18  which contribution shall be distributed to the Florida Council

19  of the Blind.

20         (d)  A voluntary contribution of $2 per applicant,

21  which shall be distributed to the Hearing Research Institute,

22  Incorporated, for the purpose of infant hearing screening in

23  Florida.

24         (e)  A voluntary contribution of $1 per applicant,

25  which shall be distributed to the Juvenile Diabetes Foundation

26  International.

27  

28  A statement providing an explanation of the purpose of the

29  trust funds shall also be included. For the purpose of

30  applying the service charge provided in s. 215.20,

31  


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    ENROLLED

    2004 Legislature                 CS for SB 2646, 1st Engrossed



 1  contributions received under paragraphs (c), (d), and (e) and

 2  under s. 322.18(9)(a) are not income of a revenue nature.

 3         Section 8.  Subsection (18) is added to section 320.02,

 4  Florida Statutes, to read:

 5         320.02  Registration required; application for

 6  registration; forms.--

 7         (18)  For the purpose of applying the service charge

 8  provided in s. 215.20, contributions received under

 9  subsections (16) and (17) are not income of a revenue nature.

10         Section 9.  This act shall take effect July 1, 2004.

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