Senate Bill 1960c1

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    Florida Senate - 1999                           CS for SB 1960

    By the Committee on Fiscal Policy and Senator Casas





    309-1910A-99

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         20.435, F.S.; repealing s. 569.20, F.S.;

  4         renaming the current Tobacco Settlement Trust

  5         Fund as the Department of Health Tobacco

  6         Settlement Trust Fund; providing for sources of

  7         moneys and purposes; providing for reversion of

  8         funds to the Department of Banking and Finance

  9         Tobacco Settlement Clearing Trust Fund for

10         Children and Elders; providing an effective

11         date.

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

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15         Section 1.  Section 20.435, Florida Statutes, is

16  amended to read:

17         20.435  Department of Health; trust funds.--

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

19  be administered by the Department of Health:

20         (a)  Administrative Trust Fund.

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

22  consist of regulatory fees such as those pertaining to the

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

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

25  management, tanning facilities, mobile home and recreational

26  vehicle park inspection, other departmental regulatory and

27  health care programs, and indirect earnings from grants.

28  Funds shall be used for the purpose of supporting the

29  regulatory activities of the department and for other such

30  purposes as may be appropriate and shall be expended only

31  pursuant to legislative appropriation or an approved amendment

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    Florida Senate - 1999                           CS for SB 1960
    309-1910A-99




  1  to the department's operating budget pursuant to the

  2  provisions of chapter 216.

  3         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

  7  purposes of the trust fund.

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

  9  terminated on July 1, 2001.

10         (b)  Federal Grants Trust Fund.

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

12  consist of grants and funding from the Federal Government and

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

14  purposes of providing health and support services to

15  department clients, supporting regulatory activities of the

16  department, and funding disease surveillance and for other

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

18  pursuant to legislative appropriation or an approved amendment

19  to the department's operating budget pursuant to the

20  provisions of chapter 216.

21         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

25  purposes of the trust fund.

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

27  terminated on July 1, 2001.

28         (c)  Grants and Donations Trust Fund.

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

30  consist of restricted contractual revenue from public or

31  private sources such as receipts from Medicaid, funds from

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    Florida Senate - 1999                           CS for SB 1960
    309-1910A-99




  1  federal environmental laws such as the Safe Drinking Water Act

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

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

  4  Funds shall be used for the purpose of supporting the

  5  activities of the department and shall be expended only

  6  pursuant to legislative appropriation or an approved amendment

  7  to the department's operating budget pursuant to the

  8  provisions of chapter 216.

  9         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

13  purposes of the trust fund.

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

15  terminated on July 1, 2001.

16         (d)  Medical Quality Assurance Trust Fund.

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

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

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

20  providing administrative support for the regulation of health

21  care professionals and for other such purposes as may be

22  appropriate and shall be expended only pursuant to legislative

23  appropriation or an approved amendment to the department's

24  operating budget pursuant to the provisions of chapter 216.

25         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

29  purposes of the trust fund.

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

31  terminated on July 1, 2001.

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    Florida Senate - 1999                           CS for SB 1960
    309-1910A-99




  1         (e)  Operations and Maintenance Trust Fund.

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

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

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

  5  for the purpose of providing health care services to

  6  department clients and for other such purposes as may be

  7  appropriate and shall be expended only pursuant to legislative

  8  appropriation or an approved amendment to the department's

  9  operating budget pursuant to the 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         (f)  Social Services Block Grant Trust Fund.

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

19  consist of federal social services block grant funds.  Funds

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

21  support services to department clients and for other such

22  purposes as may be appropriate and shall be expended only

23  pursuant to legislative appropriation or an approved amendment

24  to the department's operating budget pursuant to the

25  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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    Florida Senate - 1999                           CS for SB 1960
    309-1910A-99




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

  2  terminated on July 1, 2001.

  3         (g)  Department of Health Tobacco Settlement Trust

  4  Fund.

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

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

  7  Department of Banking and Finance Tobacco Settlement Clearing

  8  Trust Fund in amounts equal to the annual appropriations made

  9  from this trust fund. Funds shall be used as appropriated for

10  any of the purposes that are permitted or required by the

11  tobacco settlement.

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 Department of Banking and Finance Tobacco

17  Settlement Clearing Trust Fund.

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

19  terminated on July 1, 2002.

20         (2)  Prior to its scheduled termination pursuant to the

21  provisions of s. 19(f)(2), Art. III of the State Constitution,

22  each trust fund listed in subsection (1) shall be reviewed as

23  provided in s. 215.3206(1) and (2).

24         Section 2.  Section 569.20, Florida Statutes, 1998

25  Supplement, is repealed.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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    Florida Senate - 1999                           CS for SB 1960
    309-1910A-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1960

  3

  4  The Statement of Substantial Change contains the following
    provisions:
  5
    Provides for a termination date of July 1, 2001 for the
  6  following trust funds: Administrative Trust Fund; Federal
    Grants Trust Fund; Grants and Donations Trust Fund; Operations
  7  and Maintenance Trust Fund; and the Social Services Block
    Grant Trust Fund.
  8
    Renames the Tobacco Settlement Trust Fund the Department of
  9  Health Tobacco Settlement Trust Fund.

10  Funds credited to the trust fund are to consist of funds
    disbursed, by nonoperating transfer, from the Department of
11  Banking and Finance Tobacco Settlement Clearing Trust Fund in
    amounts equal to the annual appropriations. Funds are to be
12  used for the purposes that are permitted or required by the
    tobacco settlement.
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    Provides for the reversion of funds to the Department of
14  Banking and Finance Tobacco Settlement Clearing Trust Fund.

15  Provides that the trust fund is effective upon becoming law
    and will be terminated on July 1, 2002.
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