HB 0005E 2003
   
1 A bill to be entitled
2          An act relating to the Biomedical Research Trust Fund;
3    providing legislative findings and intent; re-creating the
4    Biomedical Research Trust Fund within the Department of
5    Health; carrying forward current balances and continuing
6    current sources and uses thereof; providing for future
7    review and termination; amending s. 20.435, F.S.;
8    respecifying a future termination provision; providing a
9    contingent effective date.
10         
11          WHEREAS, the Legislature wishes to extend the life of the
12    Biomedical Research Trust Fund within the Department of Health,
13    which is otherwise scheduled to be terminated pursuant to the
14    constitutional mandate, and
15          WHEREAS, the Legislature has reviewed the trust fund before
16    its scheduled termination date and has found that it continues
17    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 Biomedical Research Trust Fund,
25    administered by the Department of Health, FLAIR number 64-2-245,
26    which is to be terminated pursuant to s. 19(f), Art. III of the
27    State Constitution on July 1, 2004, 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 are
30    continued as provided by law.
31          (3) Pursuant to the provisions of s. 19(f)(2), Art. III of
32    the State Constitution, the trust fund shall, unless terminated
33    sooner, be terminated 4 years from the effective date of this
34    act. Prior to its scheduled termination, the trust fund shall be
35    reviewed as provided in s. 215.3206(1) and (2).
36          Section 2. Paragraph (h) of subsection (1) of section
37    20.435, Florida Statutes, is amended to read:
38          20.435 Department of Health; trust funds.--
39          (1) The following trust funds are hereby created, to be
40    administered by the Department of Health:
41          (h) Biomedical Research Trust Fund.
42          1. Funds to be credited to the trust fund shall consist of
43    funds deposited pursuant to s. 215.5601. Funds shall be used for
44    the purposes of the James and Esther King Biomedical Research
45    Program as specified in s. 215.5602. The trust fund is exempt
46    from the service charges imposed by s. 215.20.
47          2. Notwithstanding the provisions of s. 216.301 and
48    pursuant to s. 216.351, any balance in the trust fund at the end
49    of any fiscal year shall remain in the trust fund at the end of
50    the year and shall be available for carrying out the purposes of
51    the trust fund.
52          3. The trust fund shall, unless terminated sooner, be
53    terminated on July 1, 2008 2004.
54          Section 3. This act shall take effect July 1, 2004, if
55    House Bill 1E or similar legislation is adopted in the same
56    legislative session or an extension thereof and becomes law.