Senate Bill 2422

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



    Florida Senate - 1999                                  SB 2422

    By Senator Latvala





    19-1492A-99                                             See HB

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         215.5601, F.S.; creating the Lawton Chiles

  4         Endowment Fund for Children and Elders;

  5         providing definitions; providing legislative

  6         intent; specifying the purposes and uses of

  7         endowment funds; providing for administration

  8         of the endowment by the State Board of

  9         Administration; providing for the availability

10         of endowment funds; providing appropriations;

11         amending s. 215.52, F.S.; providing rulemaking

12         authority; providing an effective date.

13

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

15

16         Section 1.  Section 215.5601, Florida Statutes, is

17  created to read:

18         215.5601  Lawton Chiles Endowment Fund for Children and

19  Elders.--

20         (1)  SHORT TITLE.--This section may be cited as the

21  "Lawton Chiles Endowment Fund for Children and Elders Act."

22         (2)  DEFINITIONS.--As used in this section:

23         (a)  "Board" means the State Board of Administration

24  established by s. 16, Art. IX of the State Constitution of

25  1885, as amended, and incorporated into s. 9(c), Art. XII of

26  the State Constitution of 1968, as amended.

27         (b)  "Endowment" means the Lawton Chiles Endowment Fund

28  for Children and Elders.

29         (c)  "Earnings" means all income generated by

30  investments and the net change in the market value of assets.

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    Florida Senate - 1999                                  SB 2422
    19-1492A-99                                             See HB




  1         (d)  "State agency" or "state agencies" means the

  2  Department of Health, the Department of Children and Family

  3  Services, the Department of Elderly Affairs, or the Agency for

  4  Health Care Administration, or any combination thereof, as the

  5  context indicates.

  6         (3)  LEGISLATIVE INTENT.--It is the intent of the

  7  Legislature to:

  8         (a)  Provide a perpetual source of funding for the

  9  future of the state children's health insurance program

10  created in ss. 409.810-409.820, child welfare programs, and

11  community-based service initiatives for the elderly.

12         (b)  Ensure that enhancement revenues will be available

13  to finance these important initiatives.

14         (c)  Use tobacco settlement moneys to ensure the

15  financial health of vital children's and elders' programs.

16         (d)  Encourage the development of community-based

17  solutions to strengthen and improve the quality of life of

18  Florida's children and elders.

19         (4)  LAWTON CHILES ENDOWMENT FUND FOR CHILDREN AND

20  ELDERS; CREATION; PURPOSES AND USES.--

21         (a)  There is created the Lawton Chiles Endowment Fund

22  for Children and Elders, to be administered by the State Board

23  of Administration. The endowment shall serve as a clearing

24  trust fund not subject to termination pursuant to s. 19(f),

25  Art. III of the State Constitution and shall be funded by

26  settlement moneys received from the tobacco industry. The

27  endowment fund shall be exempt from the service charges

28  imposed by s. 215.20.

29         (b)  Funds from the endowment shall be distributed by

30  the board to trust funds of the state agencies in the amounts

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    Florida Senate - 1999                                  SB 2422
    19-1492A-99                                             See HB




  1  indicated by reference to the legislative appropriations for

  2  the state agencies.

  3         (c)  The state agencies shall use the funds from the

  4  endowment to enhance or support increases in clients served or

  5  in program costs for the state children's health insurance

  6  program created in ss. 409.810-409.820, child welfare

  7  programs, and community-based service initiatives for the

  8  elderly.

  9         (d)  The Secretary of Health, the Secretary of Children

10  and Family Services, the Secretary of Elderly Affairs, and the

11  Director of Health Care Administration shall conduct meetings

12  to discuss program priorities for endowment funding prior to

13  submitting their budget requests to the Executive Office of

14  the Governor and the Legislature. The purpose of the meetings

15  shall be to gain consensus for priority requests and

16  recommended endowment funding levels for those priority

17  requests. An agency head may not designate a proxy for these

18  meetings.

19         (e)  Funds from the endowment may not be used to

20  supplant existing revenues.

21         (5)  ADMINISTRATION OF THE ENDOWMENT.--

22         (a)  The board is authorized to invest and reinvest

23  funds of the endowment in those securities listed in s.

24  215.47, in accordance with the fiduciary standards set forth

25  in s. 215.47(9) and consistent with an investment plan

26  developed by the executive director and approved by the board.

27  Costs and fees of the board for investment services shall be

28  deducted from the endowment.

29         (b)  Funds available from the endowment for

30  distribution by the board shall only be earnings received on

31  the endowment and reversions to principal. The original

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






    Florida Senate - 1999                                  SB 2422
    19-1492A-99                                             See HB




  1  principal deposited in the endowment from the tobacco

  2  settlement for fiscal years 1999-2000 through 2002-2003, as

  3  provided in subsection (7), shall not be available for

  4  appropriation or distribution.

  5         (c)  The board shall design and operate an investment

  6  portfolio that maximizes the financial return to the

  7  endowment, consistent with the risks inherent in each

  8  investment, and that is designed to preserve an appropriate

  9  diversification of the portfolio.

10         (d)  No later than February 15, 2000, the board shall

11  report on the financial status of the endowment to the

12  Governor, the President of the Senate, the Speaker of the

13  House of Representatives, the chairs of the respective

14  appropriations and applicable substantive committees of each

15  house of the Legislature, and the Revenue Estimating

16  Conference. Thereafter, the board shall make a status report

17  to such persons no later than August 15 and February 15 of

18  each year.

19         (e)  Accountability for funds from the endowment that

20  have been appropriated to a state agency and distributed by

21  the board shall reside with the state agency. The board is not

22  responsible for the proper expenditure or accountability of

23  funds from the endowment after distribution to a state agency.

24         (f)  The board may collect a fee for service from the

25  endowment no greater than that charged to the Florida

26  Retirement System.

27         (6)  AVAILABILITY OF FUNDS.--

28         (a)  Funds from the endowment shall not be available

29  for appropriation to a state agency until July 1, 2000.

30  Beginning July 1, 2000, the maximum annual amount of endowment

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    Florida Senate - 1999                                  SB 2422
    19-1492A-99                                             See HB




  1  funds that may be appropriated shall be in accordance with the

  2  following, based on earnings averaged over 3 years:

  3         1.  Beginning July 1, 2000, no more than a level of

  4  spending representing earnings at a rate of 3 percent.

  5         2.  Beginning July 1, 2001, no more than a level of

  6  spending representing earnings at a rate of 4 percent.

  7         3.  Beginning July 1, 2002, no more than a level of

  8  spending representing earnings at a rate of 5 percent.

  9         4.  Beginning July 1, 2003, and thereafter, no more

10  than a level of spending representing earnings at a rate of 6

11  percent.

12         (b)  Any earnings in excess of the amounts appropriated

13  in a given year shall remain part of the endowment.

14         (c)  If the earnings are insufficient to provide for

15  the appropriations specified in paragraph (a), then the

16  distribution of endowment funds to the state agencies shall be

17  an amount of the appropriations reduced on a pro rata basis.

18         (d)  Notwithstanding the provisions of s. 216.301 and

19  pursuant to s. 216.351, all unencumbered balances of

20  appropriations as of June 30 or undisbursed balances as of

21  December 31 shall revert to the endowment.

22         (7)  ENDOWMENT PRINCIPAL.--The following amounts are

23  appropriated from the Department of Banking and Finance

24  Tobacco Settlement Clearing Trust Fund to the Lawton Chiles

25  Endowment Fund for Children and Elders and shall constitute

26  the original principal of the endowment:

27         (a)  For fiscal year 1999-2000, $1,099,900,000.

28         (b)  For fiscal year 2000-2001, $297,700,000.

29         (c)  For fiscal year 2001-2002, $383,100,000.

30         (d)  For fiscal year 2002-2003, $151,400,000.

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    Florida Senate - 1999                                  SB 2422
    19-1492A-99                                             See HB




  1         Section 2.  Section 215.52, Florida Statutes, is

  2  amended to read:

  3         215.52  Rules and regulations.--The board shall have

  4  the power and authority to adopt make reasonable rules and

  5  regulations necessary to implement carry out the provisions of

  6  ss. 215.44-215.53 and 215.5601.

  7         Section 3.  This act shall take effect July 1, 1999.

  8

  9            *****************************************

10                          HOUSE SUMMARY

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      Creates the Lawton Chiles Endowment Fund for Children and
12    Elders to provide a funding source for programs and
      initiatives in support of children and the elderly.
13    Provides that the endowment is a clearing trust fund to
      be used for appropriation to specified state agencies as
14    directed by legislative appropriation. Provides for
      administration by the State Board of Administration, and
15    provides the board rulemaking authority therefor.
      Provides for the endowment's principal, and specifies
16    purposes, uses, and availability of funds. See bill for
      details.
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