Senate Bill 0538c1

    Florida Senate - 2000                            CS for SB 538

    By the Committee on Fiscal Policy and Senator Rossin





    309-654-00

  1                      A bill to be entitled

  2         An act relating to trust funds; re-creating the

  3         Operations and Maintenance Trust Fund within

  4         the Department of Health without modification;

  5         carrying forward current balances and

  6         continuing current sources and uses thereof;

  7         amending s. 20.435, F.S.; abrogating the future

  8         termination of the trust fund; providing an

  9         effective date.

10

11         WHEREAS, the Legislature wishes to extend the life of

12  the Operations and Maintenance Trust Fund within the

13  Department of Health, which is otherwise scheduled to be

14  terminated pursuant to constitutional mandate, and

15         WHEREAS, the Legislature has reviewed the trust fund

16  before its scheduled termination date and has found that it

17  continues to meet an important public purpose, and

18         WHEREAS, the Legislature has found that existing public

19  policy concerning the trust fund sets adequate parameters for

20  its use, NOW, THEREFORE,

21

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

23

24         Section 1.  (1)  The Operations and Maintenance Trust

25  Fund within the Department of Health, FLAIR number 64-2-516,

26  which is to be terminated pursuant to Section 19(f), Article

27  III of the State Constitution on July 1, 2001, is re-created.

28         (2)  All current balances of the trust fund are carried

29  forward, and all current sources and uses of the trust fund

30  are continued.

31

                                  1

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






    Florida Senate - 2000                            CS for SB 538
    309-654-00




  1         Section 2.  Paragraph (e) of subsection (1) of section

  2  20.435, Florida Statutes, is amended to read:

  3         20.435  Department of Health; trust funds.--

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

  5  be administered by the Department of Health:

  6         (e)  Operations and Maintenance Trust Fund.

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

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

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

10  for the purpose of providing health care services to

11  department clients and for other such purposes as may be

12  appropriate and shall be expended only pursuant to legislative

13  appropriation or an approved amendment to the department's

14  operating budget pursuant to the provisions of chapter 216.

15         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

19  purposes of the trust fund.

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

21  terminated on July 1, 2001.

22         Section 3.  This act shall take effect November 4,

23  2000.

24

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 538

27

28  The bill repeals the future termination date of July 1, 2001.

29

30

31

                                  2