215.37 Department of Business and Professional Regulation and the boards to be financed from fees collected; deposit of funds; service charge; appropriation.—
(1) All fees, licenses, and other charges assessed to practitioners of professions, as defined in chapter 455, by the Department of Business and Professional Regulation or a board within the department shall be collected by the department and shall be deposited in the State Treasury into the Professional Regulation Trust Fund to the credit of the department.
(2) The regulation of professions as defined in s. 455.01 by the department shall be financed solely from revenue collected by it from fees and other charges and deposited in the Professional Regulation Trust Fund, and all such revenue is hereby appropriated to the department. However, it is legislative intent that each profession shall operate within its anticipated fees.
(3) The department shall be charged a service charge pursuant to chapter 215 on funds deposited in the Professional Regulation Trust Fund.
(4) The department shall submit a balanced legislative budget for its regulation of professions, as defined in chapter 455, by division and operating budgets as required of all governmental subdivisions in chapters 215 and 216, to be based upon anticipated revenues. Prior to development of the department’s budget request to the Legislature, the department shall request that each board submit its proposed budget for the operation of the board, the board’s office, and other activities or expanded programs of the board for possible inclusion in the department’s budget request. Prior to submission of the department’s budget request to the Legislature, each board, at a regularly scheduled board meeting, shall review the proposed request related to its regulation of a profession, as defined in chapter 455, and either approve the proposed request or submit to the secretary written exceptions to the department’s proposed budget. Any board making such exceptions must specify its objections, the reasons for such exceptions, and proposed alternatives to the department’s request. The secretary shall consider all exceptions. When a majority of boards agree on an exception, the secretary shall make adjustments to the department’s budget request related to its regulation of professions, as defined in chapter 455, to reflect the majority position. If appropriate, the secretary shall file an exception on behalf of the department. The secretary shall submit to the Legislature the department’s amended budget request along with any unresolved exceptions.
(5) The department shall maintain separate accounts in the Professional Regulation Trust Fund, as provided in s. 455.219, for every profession within the department.
...491.06. He shall pay to the board at the time of filing his application a fee of not less than $25 or more than $50 to be fixed annually by the board. In accord with s. 491.16, F.S., such moneys are deposited and expended pursuant to the provisions of s. 215.37 , F.S., as amended by Ch. 75-201, Laws of Florida. No provision of Ch. 491 , F.S., authorizes the refund of such examination fees by the board or any other officer of the state. Section 215.37 (2), F.S., provides that "[a]ll fees . . . shall be deposited in the State Treasury into a separate trust fund to the credit of the individual board"; while s. 215.37 (6), F.S., provides that "....
...215.26 (1), F.S., if they were not due. Whether or not said fees were due, thereby determining the allowability of refunds, has been previously interpreted by AGO's 056-219 and 058-334. These opinions concluded that refunds of examination fees were allowed only when boards governed by s. 215.37 , F.S., had not initiated investigations concerning the application or concerning the applicant's qualifications....
...Although the above opinions involve the State Board of Medical Examiners and the Board of Podiatry Examiners, they are applicable to the Sanitarians' Registration Board. The deposits and expenditures of these two agencies are governed by ss. 215.31 and 215.37 , F.S., as are the deposits and expenditures of the Sanitarians' Registration Board....
...However, in the event that some unforeseen set of circumstances were to arise which would render these provisions inapplicable, the board would still lack the authority to make any refunds. Pursuant to s. 464.171, F. S., the board is required to deposit all moneys received pursuant to the provisions of s. 215.37 , F. S. Section 215.37 (2) provides that: All fees ....
...shall be deposited in the State Treasury into a separate trust fund to the credit of the individual board. Once such fees have been so deposited, only the Comptroller may make disbursements, and then only as provided by law for all agencies of government. Section 215.37 (6)....
...ubsequently claiming the legal compensation. . . ." [See] 67 C.J.S. Officers s. 98; State ex rel. Perkins v. Lee, 194 So. 315 (Fla. 1940); Cary v. State ex rel. Cauthen, 190 So. 49 (Fla. 1939); Masters v. State ex rel. Bell, 131 So. 773 (Fla. 1931). Section 215.37 (3), F.S., deals with the finances of examining and licensing boards and provides: ....
...All salaries and expenses shall be paid as budgeted after said budgets have been approved by the secretary of the department of administration or within the limitations of any appropriation for that purpose which may be included in the general appropriations act. Section 215.37 (6), F.S., provides that: "Each board shall operate financially within the budget approved by the secretary of the department of administration, and all disbursements shall be made by the comptroller only as provided by law for all age...
...Section 215.515 provides for the cost of the investment services rendered by the Board of Administration to any agency or fund designated in ss. 215.44 - 215.53 and appropriates the necessary sums for such purpose from earnings on investments held by each such agency or fund. Reading ss. 215.22 and 215.37 , F....
...S., as amended, together, I am of the view that the moneys and funds therein denominated constitute taxes, licenses, fees, and revenues levied, assessed, charged, and collected by or for the affected state agencies charged with the administration and enforcement of the various laws enumerated in ss. 215.22 and 215.37 , as amended, and paid by the persons regulated by such agencies and laws....
...ant to ss. 215.20 and 215.22 . The net receipts referred to in that rule appear to mean the funds collected pursuant to the enumerated sections of the statute and not to earnings on investments or reinvestments made pursuant to ss. 215.44 - 215.53 . Section 215.37 , F....
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