House Bill hb1953e1

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                                          HB 1953, First Engrossed



  1                      A bill to be entitled

  2         An act relating to trust fund administration;

  3         creating s. 215.3201, F.S.; designating certain

  4         trust funds for use for day-to-day operations

  5         for specified purposes; providing for

  6         development and implementation of a consistent

  7         trust fund titling and coding plan; requiring

  8         maintenance of a web-accessible catalog of

  9         state trust funds and providing requirements

10         thereof; amending s. 215.3208, F.S.; requiring

11         consideration of the fiscal analysis and

12         related recommendations for a trust fund in the

13         legislative review of the trust fund; providing

14         for adjustment of a trust fund's revenues to

15         match the expenditures authorized for its

16         programs; creating s. 215.3209, F.S.; providing

17         for fiscal analysis of trust funds in

18         conjunction with their scheduled review prior

19         to termination; providing requirements of such

20         an analysis; requiring submission of such

21         analyses to the Governor and Legislature;

22         providing for recommendations for maximum trust

23         fund unencumbered balance levels and

24         appropriate service fees; providing for

25         abatement of receipts to a trust fund under

26         certain circumstances; amending s. 216.023,

27         F.S.; requiring legislative budget requests to

28         contain an accounting reconciliation report and

29         certain summary and other information on trust

30         funds and fees; providing an effective date.

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                                          HB 1953, First Engrossed



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

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  3         Section 1.  Section 215.3201, Florida Statutes, is

  4  created to read:

  5         215.3201  Trust funds designated for day-to-day

  6  operations.--

  7         (1)  Each agency or branch of state government for

  8  which any of the following trust funds has been created shall

  9  use that fund, in addition to any purposes otherwise

10  authorized or required by law, for day-to-day operations as

11  follows:

12         (a)  Operations or Operating Trust Fund, for use as a

13  depository for funds to be used for program operations funded

14  by program revenues.

15         (b)  Operations and Maintenance Trust Fund, for use as

16  a depository for funds to be used for client services funded

17  by third-party payors.

18         (c)  Administrative Trust Fund, for use as a depository

19  for funds to be used for management activities that are

20  departmental in nature and funded by indirect cost earnings

21  and assessments against trust funds.

22         (d)  Grants and Donations Trust Fund, for use as a

23  depository for funds to be used for allowable grant or donor

24  agreement activities funded by restricted revenue from private

25  and public nonfederal sources.

26         (e)  Working Capital Trust Fund, for use as a

27  depository for funds to be used for data processing and

28  information technology purposes as provided in s. 216.272.

29         (f)  Funds Clearing Trust Fund, for use as a depository

30  for funds collected and to be accounted for pending

31  distribution to lawful recipients.


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                                          HB 1953, First Engrossed



  1         (g)  Federal Grants Trust Fund, for use as a depository

  2  for funds to be used for allowable grant activities funded by

  3  restricted program revenues from federal sources.

  4         (2)  No agency or branch of state government is

  5  required to comply with the purposes set forth in subsection

  6  (1) to the extent that trust funds have not been created in

  7  that agency or branch to allow compliance.

  8         (3)  The Executive Office of the Governor, in

  9  consultation with the Chief Financial Officer, shall develop

10  within the state's chart of accounts a consistent fund titling

11  and coding plan for existing and newly created trust funds.

12  At least every 4 years, the Executive Office of the Governor

13  and the Chief Financial Officer shall revise the plan as

14  needed.  The plan shall be developed for use beginning with

15  the 2003-2004 fiscal year.  To the extent possible, existing

16  trust funds shall be converted to the new plan for the

17  2003-2004 fiscal year.  In all cases, trust funds shall be

18  converted to the new plan during the trust fund reviews

19  specified in s. 215.3209 that are initiated subsequent to the

20  2003-2004 fiscal year.

21         (4)  Beginning with the 2003-2004 fiscal year, the

22  Chief Financial Officer shall maintain a web-accessible

23  catalog of state trust funds, which shall include, but not be

24  limited to, the following information for each fund:

25         (a)  The law authorizing the trust fund.

26         (b)  The primary purpose of the trust fund.

27         (c)  The agency or agencies administering the trust

28  fund.

29         (d)  The authorized types or sources of revenues for

30  the trust fund.

31         (e)  The authorized uses of the trust fund's resources.


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                                          HB 1953, First Engrossed



  1         (f)  Any minimum or maximum balance established by law

  2  for the trust fund.

  3         (g)  The total average annual revenues and operating

  4  transfers in the trust fund for each year over the most recent

  5  5 fiscal years.

  6         (h)  The total average annual expenditures and

  7  operating transfers out of the trust fund for each year over

  8  the most recent 5 fiscal years.

  9         (i)  The unreserved fund equity as of the end of each

10  of the last 5 fiscal years.

11         Section 2.  Subsection (1) of section 215.3208, Florida

12  Statutes, is amended to read:

13         215.3208  Trust funds; legislative review.--

14         (1)(a)  In order to implement s. 19(f), Art. III of the

15  State Constitution, for the purpose of reviewing trust funds

16  prior to their automatic termination pursuant to the

17  provisions of s. 19(f)(2), Art. III of the State Constitution,

18  the Legislature shall review all state trust funds at least

19  once every 4 years. The schedule for such review may be

20  included in the legislative budget instructions developed

21  pursuant to the requirements of s. 216.023. The Legislature

22  shall review trust funds as they are identified by a unique

23  6-digit code in the Florida Accounting Information Resource

24  Subsystem at a level composed of the 2-digit organization

25  level 1, the 1-digit state fund type 2, and the first three

26  digits of the fund identifier. When a statutorily created

27  trust fund that was in existence on November 4, 1992, has more

28  than one 6-digit code, the Legislature may treat it as a

29  single trust fund for the purposes of this section. The

30  Legislature may also conduct its review concerning accounts

31  within such trust funds.


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                                          HB 1953, First Engrossed



  1         (b)  The Legislature, in its review of each trust fund,

  2  shall consider the fiscal analysis prepared in accordance with

  3  s. 215.3209 and the recommendations of the Joint Legislative

  4  Auditing Committee made pursuant to s. 215.3209.

  5         (c)  The Legislature may adjust the types and amounts

  6  of revenues allocated to a trust fund to reflect the

  7  expenditures associated with operating the programs the trust

  8  fund supports.

  9         Section 3.  Section 215.3209, Florida Statutes, is

10  created to read:

11         215.3209  Trust funds; fiscal analysis.--

12         (1)  Each trust fund being reviewed pursuant to s.

13  215.3208 shall be subject to a fiscal analysis in the year of

14  its review for termination or re-creation as provided in this

15  section.

16         (2)  Before July 1 of each year, the Legislative

17  Auditing Committee shall establish a timetable sufficient to

18  allow complete review of the 4-year history, plus a summary of

19  the previous reviews pursuant to this subsection, of trust

20  fund activities for those trust funds scheduled for review

21  during the next legislative session and shall coordinate its

22  analyses with the legislative fiscal committees, the Auditor

23  General, and the Office of Program Policy Analysis and

24  Government Accountability.  Lead analysts shall be determined

25  by July 15, and the fiscal analysis of each trust fund subject

26  to review shall be completed by December 1.  A copy of the

27  fiscal analysis for each trust fund shall be submitted to the

28  President of the Senate and the Speaker of the House of

29  Representatives.

30         (3)  Each fiscal analysis of a trust fund shall

31  include, at a minimum, the following:


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                                          HB 1953, First Engrossed



  1         (a)  Receipts and disbursements, both operating and

  2  nonoperating, for the trust fund, including detail at the

  3  level maintained by the central accounting component of the

  4  Florida Accounting Information Resource Subsystem.

  5         (b)  A comparison of the legislative appropriations

  6  made from the trust fund with actual receipts, disbursements,

  7  and cash balances.

  8         (4)  In the fiscal analysis of each trust fund:

  9         (a)  The lead analyst, in consultation with the Office

10  of Economic and Demographic Research, shall:

11         1.  Make a projection of the receipts into and

12  disbursements from the trust fund over the next 4 fiscal

13  years.

14         2.  Review all factors affecting receipts into the

15  trust fund, including, but not limited to, demographic and

16  economic factors and all taxes, fees, penalties, fines, and

17  transfers.  This shall include a projection of units of

18  service provided and rates of assessment.

19         3.  Review all factors affecting disbursements from the

20  trust fund, including all transfers and payments.

21         (b)  The lead analyst shall provide:

22         1.  An analysis of the impact of terminating the trust

23  fund and having its functions maintained in another trust fund

24  or terminating the trust fund and funding the programs it

25  supports in some other manner.

26         2.  A summary of any findings and recommendations

27  related to the trust fund included in audits or reviews

28  completed by the Auditor General or the Office of Program

29  Policy Analysis and Government Accountability during the

30  previous 4 fiscal years and any changes made as a result of

31  those audits.


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                                          HB 1953, First Engrossed



  1         (5)  Based on each trust fund's fiscal analysis, the

  2  Legislative Auditing Committee shall recommend to the

  3  Legislature that the trust fund be re-created, combined with

  4  another trust fund, continued as exempt, or terminated.

  5         (6)  If the trust fund is recommended for termination,

  6  the recommendation shall provide for the distribution of

  7  moneys in the trust fund and for changes to the law that

  8  provided for the segregation of money into the trust fund.

  9         (7)(a)  If the trust fund is recommended for

10  re-creation, the Legislative Auditing Committee shall also

11  recommend a maximum trust fund unencumbered balance for the

12  next 4 fiscal years.  With respect to a recommendation for a

13  maximum trust fund unencumbered balance:

14         1.  The allowable growth of a trust fund's unencumbered

15  balance may not exceed the average annual rate of growth over

16  the 4 prior fiscal years and an adjustment rate established by

17  the Legislature.

18         2.  A trust fund shall be not be subject to a maximum

19  trust fund unencumbered balance if its unencumbered balance is

20  used to meet bond covenants, fiduciary responsibilities,

21  federal or grants requirements, or similar restrictions.

22         3.  A recommendation for a maximum trust fund

23  unencumbered balance shall include a recommendation for the

24  abatement of receipts to the trust fund if that balance is

25  exceeded during the 4-year period and a recommendation of the

26  appropriate balance, below the trust fund's maximum

27  unencumbered balance, which must be reached before the

28  abatement is removed.

29         4.  Each agency administering a trust fund is

30  prohibited from seeking a budget amendment that increases

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                                          HB 1953, First Engrossed



  1  expenditures or transfers as a method of reducing the trust

  2  fund below its authorized maximum unencumbered balance level.

  3         (b)  If the trust fund is recommended for re-creation,

  4  the Legislative Auditing Committee shall also recommend, as

  5  appropriate, changes to the source of the receipts and rates

  6  of assessment and uses of the trust fund, based on the fiscal

  7  analysis, to ensure a minimal trust fund balance.

  8         (8)  If the trust fund is recommended for continuation

  9  as exempt from automatic termination pursuant to s. 19(f)(3),

10  Art. III of the State Constitution, the Legislative Auditing

11  Committee shall also recommend changes, as appropriate, to the

12  trust fund that will make it more efficient whether or not

13  such changes affect its exempt status.

14         (9)  The Legislative Auditing Committee shall also

15  recommend an appropriate service charge to be deducted from

16  each trust fund in accordance with rates established in s.

17  215.20.

18         Section 4.  Paragraph (c) of subsection (4) of section

19  216.023, Florida Statutes, is amended to read:

20         216.023  Legislative budget requests to be furnished to

21  Legislature by agencies.--

22         (4)  The legislative budget request must contain for

23  each program:

24         (c)  Details on trust funds and fees, including the

25  following:

26         1.  An accounting reconciliation report to be completed

27  by the agency of the executive or judicial branch

28  administering the trust fund in conjunction with the chief

29  financial officer.  The composition of the report shall be

30  included in the legislative budget request; however, the

31  report shall direct the agency to reconcile annual cash flow


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                                          HB 1953, First Engrossed



  1  on an accrual basis with those records held by the Chief

  2  Financial Officer.  Reporting must be conducted on all trust

  3  funds identified pursuant to s. 215.3208(1)(a).  The

  4  reconciled report shall include, but is not limited to:

  5         a.  A comparison between the agency's release and

  6  disbursements of direct revenues, nonoperating revenues, total

  7  revenues, operating disbursements, nonoperating disbursements,

  8  total disbursements, beginning cash balance, and ending cash

  9  balance with those records held by the chief financial

10  officer.  The composition of beginning cash balance and ending

11  cash balance for each fund shall include the amount of moneys

12  identified as certified forward fixed capital outlay,

13  certified forward operations, operating disbursements, and

14  general revenue.

15         b.  The total amount of moneys allocated toward

16  certified forward fixed capital outlay, certified forward

17  operations, fixed capital outlay, operating expenditures, and

18  general revenue.

19         2.  A narrative describing all revenues flowing into

20  each trust fund by general funding sources, specific taxes and

21  fees, and funding sources other than state appropriations.

22         3.  Summary information on expenditures made from each

23  trust fund regardless of the statutory authority.

24         4.  A narrative describing the circumstances leading to

25  the certifying forward of a trust fund balance that is greater

26  than 20 percent of the amount appropriated for the trust fund

27  by the General Appropriations Act of the last completed fiscal

28  year.

29         5.  Beginning with the submission of the proposed

30  legislative budget request for fiscal year 2003-2004,

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                                          HB 1953, First Engrossed



  1  affirmation that trust funds are operated consistent with the

  2  requirements of s. 215.3201.

  3         Section 5.  This act shall take effect July 1, 2002.

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