House Bill 1897e1

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                                      HB 1897, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         20.435, F.S., and transferring and amending s.

  4         569.20, F.S.; renaming the current Tobacco

  5         Settlement Trust Fund as the Department of

  6         Health Tobacco Settlement Trust Fund; providing

  7         for sources of moneys and purposes; providing

  8         for reversion of funds to the Lawton Chiles

  9         Endowment Fund for Children and Elders;

10         providing an effective date.

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

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14         Section 1.  Section 20.435, Florida Statutes, is

15  amended, and section 569.20, Florida Statutes, 1998

16  Supplement, is redesignated as paragraph (g) of subsection (1)

17  of said section and amended, to read:

18         20.435  Department of Health; trust funds.--

19         (1)  The following trust funds are hereby created, to

20  be administered by the Department of Health:

21         (a)  Administrative Trust Fund.

22         1.  Funds to be credited to the trust fund shall

23  consist of regulatory fees such as those pertaining to the

24  licensing, permitting, and inspection of septic tanks, food

25  hygiene, onsite sewage, Super Act compliance, solid waste

26  management, tanning facilities, mobile home and recreational

27  vehicle park inspection, other departmental regulatory and

28  health care programs, and indirect earnings from grants.

29  Funds shall be used for the purpose of supporting the

30  regulatory activities of the department and for other such

31  purposes as may be appropriate and shall be expended only


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                                      HB 1897, First Engrossed/ntc



  1  pursuant to legislative appropriation or an approved amendment

  2  to the department's operating budget pursuant to the

  3  provisions of chapter 216.

  4         2.  Notwithstanding the provisions of s. 216.301 and

  5  pursuant to s. 216.351, any balance in the trust fund at the

  6  end of any fiscal year shall remain in the trust fund at the

  7  end of the year and shall be available for carrying out the

  8  purposes of the trust fund.

  9         3.  The trust fund shall, unless terminated sooner, be

10  terminated on July 1, 2001.

11         (b)  Federal Grants Trust Fund.

12         1.  Funds to be credited to the trust fund shall

13  consist of grants and funding from the Federal Government and

14  funds from the Medicaid program. Funds shall be used for the

15  purposes of providing health and support services to

16  department clients, supporting regulatory activities of the

17  department, and funding disease surveillance and for other

18  such purposes as may be appropriate and shall be expended only

19  pursuant to legislative appropriation or an approved amendment

20  to the department's operating budget pursuant to the

21  provisions of chapter 216.

22         2.  Notwithstanding the provisions of s. 216.301 and

23  pursuant to s. 216.351, any balance in the trust fund at the

24  end of any fiscal year shall remain in the trust fund at the

25  end of the year and shall be available for carrying out the

26  purposes of the trust fund.

27         3.  The trust fund shall, unless terminated sooner, be

28  terminated on July 1, 2001.

29         (c)  Grants and Donations Trust Fund.

30         1.  Funds to be credited to the trust fund shall

31  consist of restricted contractual revenue from public or


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                                      HB 1897, First Engrossed/ntc



  1  private sources such as receipts from Medicaid, funds from

  2  federal environmental laws such as the Safe Drinking Water Act

  3  and the Super Act, funds from other health and environmental

  4  programs, and funds from private sources such as foundations.

  5  Funds shall be used for the purpose of supporting the

  6  activities of the department and shall be expended only

  7  pursuant to legislative appropriation or an approved amendment

  8  to the department's operating budget pursuant to the

  9  provisions of chapter 216.

10         2.  Notwithstanding the provisions of s. 216.301 and

11  pursuant to s. 216.351, any balance in the trust fund at the

12  end of any fiscal year shall remain in the trust fund at the

13  end of the year and shall be available for carrying out the

14  purposes of the trust fund.

15         3.  The trust fund shall, unless terminated sooner, be

16  terminated on July 1, 2001.

17         (d)  Medical Quality Assurance Trust Fund.

18         1.  Funds to be credited to the trust fund shall

19  consist of fees and fines related to the licensing of health

20  care professionals.  Funds shall be used for the purpose of

21  providing administrative support for the regulation of health

22  care professionals and for other such purposes as may be

23  appropriate and shall be expended only pursuant to legislative

24  appropriation or an approved amendment to the department's

25  operating budget pursuant to the provisions of chapter 216.

26         2.  Notwithstanding the provisions of s. 216.301 and

27  pursuant to s. 216.351, any balance in the trust fund at the

28  end of any fiscal year shall remain in the trust fund at the

29  end of the year and shall be available for carrying out the

30  purposes of the trust fund.

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                                      HB 1897, First Engrossed/ntc



  1         3.  The trust fund shall, unless terminated sooner, be

  2  terminated on July 1, 2001.

  3         (e)  Operations and Maintenance Trust Fund.

  4         1.  Funds to be credited to the trust fund shall

  5  consist of receipts from third-party payors of health care

  6  services such as Medicare and Medicaid. Funds shall be used

  7  for the purpose of providing health care services to

  8  department clients and for other such purposes as may be

  9  appropriate and shall be expended only pursuant to legislative

10  appropriation or an approved amendment to the department's

11  operating budget pursuant to the provisions of chapter 216.

12         2.  Notwithstanding the provisions of s. 216.301 and

13  pursuant to s. 216.351, any balance in the trust fund at the

14  end of any fiscal year shall remain in the trust fund at the

15  end of the year and shall be available for carrying out the

16  purposes of the trust fund.

17         3.  The trust fund shall, unless terminated sooner, be

18  terminated on July 1, 2001.

19         (f)  Social Services Block Grant Trust Fund.

20         1.  Funds to be credited to the trust fund shall

21  consist of federal social services block grant funds.  Funds

22  shall be used for the purpose of providing health care and

23  support services to department clients and for other such

24  purposes as may be appropriate and shall be expended only

25  pursuant to legislative appropriation or an approved amendment

26  to the department's operating budget pursuant to the

27  provisions of chapter 216.

28         2.  Notwithstanding the provisions of s. 216.301 and

29  pursuant to s. 216.351, any balance in the trust fund at the

30  end of any fiscal year shall remain in the trust fund at the

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                                      HB 1897, First Engrossed/ntc



  1  end of the year and shall be available for carrying out the

  2  purposes of the trust fund.

  3         3.  The trust fund shall, unless terminated sooner, be

  4  terminated on July 1, 2001.

  5         (g)569.20  Department of Health Tobacco Settlement

  6  Trust Fund.

  7         1.  Funds to be credited to the trust fund shall

  8  consist of funds disbursed, by nonoperating transfer, from the

  9  Department of Banking and Finance Tobacco Settlement Clearing

10  Trust Fund in amounts equal to the annual appropriations made

11  from this trust fund.

12         2.  Notwithstanding the provisions of s. 216.301 and

13  pursuant to s. 216.351, any unencumbered balance in the trust

14  fund at the end of any fiscal year and any encumbered balance

15  remaining undisbursed on December 31 of the same calendar year

16  shall revert to the Lawton Chiles Endowment Fund for Children

17  and Elders.

18         (1)  The Tobacco Settlement Trust Fund is created to

19  accept deposit of all funds received by the state as a result

20  of the settlement of its lawsuit against the tobacco industry.

21         (2)  All funds transferred to and retained in the trust

22  fund shall be invested pursuant to s. 18.125. All interest

23  accruing to the trust fund shall be deposited in the trust

24  fund and shall be subject to appropriation by the Legislature.

25         3.(3)  Pursuant to the provisions of s. 19(f)(2), Art.

26  III of the State Constitution, The Tobacco Settlement trust

27  fund shall, unless terminated sooner, be terminated on July 1,

28  2002. Prior to its scheduled termination, the trust fund shall

29  be reviewed as provided in s. 215.3206(1) and (2).

30         (2)  Pursuant to the provisions of s. 19(f)(2), Art.

31  III of the State Constitution, each trust fund listed in


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                                      HB 1897, First Engrossed/ntc



  1  subsection (1) shall, unless terminated sooner, be terminated

  2  on July 1, 2001.  However, Prior to its scheduled termination

  3  pursuant to the provisions of s. 19(f)(2), Art. III of the

  4  State Constitution, each trust fund listed in subsection (1)

  5  shall be reviewed as provided in s. 215.3206(1) and (2).

  6         Section 2.  This act shall take effect upon becoming a

  7  law.

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