Senate Bill 0404c1

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



    Florida Senate - 2000        (NP)                CS for SB 404

    By the Committee on Banking and Insurance; and Senators
    Latvala and Horne




    311-1653-00

  1                      A bill to be entitled

  2         An act relating to trust funds; creating the

  3         Florida Health Endowment Trust Fund within the

  4         State Board of Administration; providing for

  5         sources of moneys in the trust fund; providing

  6         for an annual carryforward of funds; providing

  7         for the earnings of the trust fund to be used

  8         solely for the administration of the Florida

  9         Health Endowment Association for the benefit of

10         the participants; amending s. 215.22, F.S.;

11         exempting the trust fund from the deduction

12         required by s. 215.20(1), F.S.; providing a

13         contingent effective date.

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

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17         Section 1.  Trust fund.--

18         (1)  FLORIDA HEALTH ENDOWMENT TRUST FUND.--There is

19  created within the State Board of Administration the Florida

20  Health Endowment Trust Fund. The fund shall consist of state

21  appropriations, moneys acquired from other governmental or

22  private sources, premiums paid in accordance with insurance

23  contracts from the Florida Health Endowment Association, and

24  voluntary contributions from insurance companies. All funds

25  deposited into the trust fund may be invested pursuant to

26  section 215.47, Florida Statutes. Dividends, interest, and

27  gains accruing to the trust fund shall increase the total

28  funds available for the program. With the exception of

29  administration fees paid to the State Board of Administration

30  pursuant to Section 1(3)(n) of Senate Bill 402, 2000 Regular

31  Session, all earnings shall be used for the administration of

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






    Florida Senate - 2000        (NP)                CS for SB 404
    311-1653-00




  1  the association for the benefit of the participants. Any

  2  balance contained within the fund at the end of a fiscal year

  3  shall remain in the fund and shall be available for carrying

  4  out the purposes of the Florida Health Endowment Association.

  5  If the dividends, interest, and gains exceed the amount

  6  necessary for program administration and payment of insurance

  7  benefits, the board may designate an additional percentage of

  8  the fund to serve as a contingency fund. Moneys contained

  9  within the fund are exempt from the investment requirements of

10  section 18.10, Florida Statutes.

11         (2)  ASSETS OF THE FUND; EXPENDITURE PRIORITY.--The

12  assets of the fund shall be maintained, invested, and expended

13  solely for the purposes of the Florida Health Endowment

14  Association and may not be loaned, transferred, or otherwise

15  used by the state for any purpose other than the purposes of

16  the association. This subsection does not prohibit the board

17  from investing in, by purchase or otherwise, bonds, notes, or

18  other obligations of the state or of an agency or

19  instrumentality of the state.

20         Section 2.  Paragraph (v) is added to subsection (1) of

21  section 215.22, Florida Statutes, to read:

22         215.22  Certain income and certain trust funds

23  exempt.--

24         (1)  The following income of a revenue nature or the

25  following trust funds shall be exempt from the deduction

26  required by s. 215.20(1):

27         (v)  The Florida Health Endowment Trust Fund.

28         Section 3.  This act shall take effect on the effective

29  date of Senate Bill 402, relating to the Florida Health

30  Endowment Association, but shall not take effect if such

31  legislation does not become a law.

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






    Florida Senate - 2000        (NP)                CS for SB 404
    311-1653-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 404

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  4  The committee substitute provides the following changes:

  5  1.    Specifies that the earnings of the trust fund, with the
          exception of the State Board of Administration's
  6        administrative fees, are required to be used for the
          administration of the Florida Health Endowment
  7        Association for the benefit of the participants.

  8  2.    Exempts the trust fund from the general government
          service charge of 7 percent that is generally assessed
  9        against all trust funds, unless the trust fund is
          specifically exempted from the service charge in s.
10        215.22, F.S.

11  3.    Removes the liability of the state to meet the
          obligations of the association to participants if the
12        trust fund fails to offset the obligations of the
          association.
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