House Bill hb0025C

    Florida House of Representatives - 2001                HB 25-C

        By 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.

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

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10         Section 1.  Paragraph (b) of subsection (2) of section

11  215.32, Florida Statutes, is reenacted to read:

12         215.32  State funds; segregation.--

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

14  as follows:

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

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

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

18  or branch of state government receiving or collecting such

19  moneys shall be responsible for their proper expenditure as

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

21  branch of state government responsible for the administration

22  of the trust fund, the Comptroller may establish accounts

23  within the trust fund at a level considered necessary for

24  proper accountability. Once an account is established within a

25  trust fund, the Comptroller may authorize payment from that

26  account only upon determining that there is sufficient cash

27  and releases at the level of the account.

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

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

30  branch may consolidate, if permitted under the terms and

31  conditions of their receipt, the trust funds administered by

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






    Florida House of Representatives - 2001                HB 25-C

    565-211-01C






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

  2  effectively a uniform system of accounts sufficient to

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

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

  5  Governor or the Chief Justice.

  6         3.  All such moneys are hereby appropriated to be

  7  expended in accordance with the law or trust agreement under

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

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

10  applicable laws relating to the deposit or expenditure of

11  moneys in the State Treasury.

12         4.a.  Notwithstanding any provision of law restricting

13  the use of trust funds to specific purposes, unappropriated

14  cash balances from selected trust funds may be authorized by

15  the Legislature for transfer to the Budget Stabilization Fund

16  and Working Capital Fund in the General Appropriations Act.

17         b.  This subparagraph does not apply to trust funds

18  required by federal programs or mandates; trust funds

19  established for bond covenants, indentures, or resolutions

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

21  to meet debt service or other financial requirements of any

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

23  Transportation Trust Fund; the trust fund containing the net

24  annual proceeds from the Florida Education Lotteries; the

25  Florida Retirement System Trust Fund; trust funds under the

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

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

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

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

30  the Comptroller or state agencies; trust funds that account

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

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    Florida House of Representatives - 2001                HB 25-C

    565-211-01C






  1  or fiduciary for individuals, private organizations, or other

  2  governmental units; and other trust funds authorized by the

  3  State Constitution.

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

  5  law.

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  8                          HOUSE SUMMARY

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      Reenacts s. 215.32(2)(b), F.S., to implement the transfer
10    of moneys to the Working Capital Fund from certain trust
      funds.
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CODING: Words stricken are deletions; words underlined are additions.