House Bill hb0063B

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    Florida House of Representatives - 2001                HB 63-B

        By the Fiscal Responsibility Council and Representative
    Fasano





  1                      A bill to be entitled

  2         An act relating to state funds; reenacting s.

  3         215.32(2)(b), F.S., to implement the transfer

  4         of moneys to the Working Capital Fund from

  5         certain trust funds; providing an effective

  6         date.

  7

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

  9

10         Section 1.  In order to implement the transfer of

11  moneys to the Working Capital Fund from trust funds specified

12  in section ___ of House Bill ___-B, 2001 Special Session B, or

13  similar legislation enacted in the same legislative session or

14  an extension thereof, paragraph (b) of subsection (2) of

15  section 215.32, Florida Statutes, is reenacted to read:

16         215.32  State funds; segregation.--

17         (2)  The source and use of each of these funds shall be

18  as follows:

19         (b)1.  The trust funds shall consist of moneys received

20  by the state which under law or under trust agreement are

21  segregated for a purpose authorized by law.  The state agency

22  or branch of state government receiving or collecting such

23  moneys shall be responsible for their proper expenditure as

24  provided by law.  Upon the request of the state agency or

25  branch of state government responsible for the administration

26  of the trust fund, the Comptroller may establish accounts

27  within the trust fund at a level considered necessary for

28  proper accountability. Once an account is established within a

29  trust fund, the Comptroller may authorize payment from that

30  account only upon determining that there is sufficient cash

31  and releases at the level of the account.

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    Florida House of Representatives - 2001                HB 63-B

    187-945-01






  1         2.  In order to maintain a minimum number of trust

  2  funds in the State Treasury, each state agency or the judicial

  3  branch may consolidate, if permitted under the terms and

  4  conditions of their receipt, the trust funds administered by

  5  it; provided, however, the agency or judicial branch employs

  6  effectively a uniform system of accounts sufficient to

  7  preserve the integrity of such trust funds; and provided,

  8  further, that consolidation of trust funds is approved by the

  9  Governor or the Chief Justice.

10         3.  All such moneys are hereby appropriated to be

11  expended in accordance with the law or trust agreement under

12  which they were received, subject always to the provisions of

13  chapter 216 relating to the appropriation of funds and to the

14  applicable laws relating to the deposit or expenditure of

15  moneys in the State Treasury.

16         4.a.  Notwithstanding any provision of law restricting

17  the use of trust funds to specific purposes, unappropriated

18  cash balances from selected trust funds may be authorized by

19  the Legislature for transfer to the Budget Stabilization Fund

20  and Working Capital Fund in the General Appropriations Act.

21         b.  This subparagraph does not apply to trust funds

22  required by federal programs or mandates; trust funds

23  established for bond covenants, indentures, or resolutions

24  whose revenues are legally pledged by the state or public body

25  to meet debt service or other financial requirements of any

26  debt obligations of the state or any public body; the State

27  Transportation Trust Fund; the trust fund containing the net

28  annual proceeds from the Florida Education Lotteries; the

29  Florida Retirement System Trust Fund; trust funds under the

30  management of the Board of Regents, where such trust funds are

31  for auxiliary enterprises, self-insurance, and contracts,

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    Florida House of Representatives - 2001                HB 63-B

    187-945-01






  1  grants, and donations, as those terms are defined by general

  2  law; trust funds that serve as clearing funds or accounts for

  3  the Comptroller or state agencies; trust funds that account

  4  for assets held by the state in a trustee capacity as an agent

  5  or fiduciary for individuals, private organizations, or other

  6  governmental units; and other trust funds authorized by the

  7  State Constitution.

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

  9  law.

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12                          HOUSE SUMMARY

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      Reenacts s. 215.32(2)(b), F.S., to implement the transfer
14    of moneys to the Working Capital Fund from trust funds
      specified in other legislation enacted in the same
15    legislative session or an extension thereof.

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