HB 2009

1
A bill to be entitled
2An act relating to trust funds; terminating specified
3trust funds within the Department of Children and Family
4Services; providing for disposition of balances in and
5revenues of the trust funds; amending ss. 17.61, 393.15
6and 984.22, F.S.; removing or revising references to the
7Community Resources Development Trust Fund, to conform;
8providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  (1)  The following trust funds within the
13Department of Children and Family Services are terminated:
14     (a)  The Child Care and Development Block Grant Trust Fund,
15FLAIR number 60-2-098.
16     (b)  The Community Resources Development Trust Fund, FLAIR
17number 60-2-113.
18     (2)  The current balances remaining in, and all revenues
19of, the trust funds terminated by this act shall be transferred
20to the Administrative Trust Fund within the Department of
21Children and Family Services.
22     (3)  Except as otherwise provided herein, the Department of
23Children and Family Services shall pay any outstanding debts and
24obligations of the terminated trust funds as soon as
25practicable, and the Chief Financial Officer shall close out and
26remove the terminated trust funds from the various state
27accounting systems using generally accepted accounting
28principles concerning warrants outstanding, assets, and
29liabilities.
30     Section 2.  Paragraph (c) of subsection (3) of section
3117.61, Florida Statutes, is amended to read:
32     17.61  Chief Financial Officer; powers and duties in the
33investment of certain funds.--
34     (3)
35     (c)  Except as provided in this paragraph and except for
36moneys described in paragraph (d), the following agencies shall
37not invest trust fund moneys as provided in this section, but
38shall retain such moneys in their respective trust funds for
39investment, with interest appropriated to the General Revenue
40Fund, pursuant to s. 17.57:
41     1.  The Agency for Health Care Administration, except for
42the Tobacco Settlement Trust Fund.
43     2.  The Department of Children and Family Services, except
44for:
45     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
46     b.  The Administrative Community Resources Development
47Trust Fund.
48     c.  The Refugee Assistance Trust Fund.
49     d.  The Social Services Block Grant Trust Fund.
50     e.  The Tobacco Settlement Trust Fund.
51     f.  The Working Capital Trust Fund.
52     3.  The Department of Community Affairs, only for the
53Operating Trust Fund.
54     4.  The Department of Corrections.
55     5.  The Department of Elderly Affairs, except for:
56     a.  The Federal Grants Trust Fund.
57     b.  The Tobacco Settlement Trust Fund.
58     6.  The Department of Health, except for:
59     a.  The Federal Grants Trust Fund.
60     b.  The Grants and Donations Trust Fund.
61     c.  The Maternal and Child Health Block Grant Trust Fund.
62     d.  The Tobacco Settlement Trust Fund.
63     7.  The Department of Highway Safety and Motor Vehicles,
64only for:
65     a.  The DUI Programs Coordination Trust Fund.
66     b.  The Security Deposits Trust Fund.
67     8.  The Department of Juvenile Justice.
68     9.  The Department of Law Enforcement.
69     10.  The Department of Legal Affairs.
70     11.  The Department of State, only for:
71     a.  The Grants and Donations Trust Fund.
72     b.  The Records Management Trust Fund.
73     12.  The Executive Office of the Governor, only for:
74     a.  The Economic Development Transportation Trust Fund.
75     b.  The Economic Development Trust Fund.
76     13.  The Florida Public Service Commission, only for the
77Florida Public Service Regulatory Trust Fund.
78     14.  The Justice Administrative Commission.
79     15.  The state courts system.
80     Section 3.  Subsections (3) and (6) of section 393.15,
81Florida Statutes, are amended to read:
82     393.15  Legislative intent; Community Resources Development
83Trust Fund.--
84     (3)  Funds in the Administrative There is created a
85Community Resources Development Trust Fund within in the State
86Treasury to be used by the Department of Children and Family
87Services attributable to receipts under subsection (6) and s.
88984.22(4) shall be used for the purpose of granting loans to
89eligible programs for the initial costs of development of the
90programs. Loans shall be made only to those facilities which are
91in compliance with the zoning regulations of the local
92community. Costs of development may include structural
93modification, the purchase of equipment and fire and safety
94devices, preoperational staff training, and the purchase of
95insurance. Such costs shall not include the actual construction
96of a facility.
97     (6)  If any program which has received a loan under this
98section ceases to accept, or provide care, services, or
99maintenance to, persons placed in the program by the department,
100or if such program shall file papers of bankruptcy, at that
101point in time the loan shall become an interest-bearing loan at
102the rate of 5 percent per annum on the entire amount of the
103initial loan which shall be repaid within a 1-year period from
104the date on which the program ceases to provide care, services,
105or maintenance, or files papers in bankruptcy, and the amount of
106the loan due plus interest shall constitute a lien in favor of
107the state against all real and personal property of the program.
108The lien shall be perfected by the appropriate officer of the
109department by executing and acknowledging a statement of the
110name of the program and the amount due on the loan and a copy of
111the promissory note, which shall be recorded by the department
112with the clerk of the circuit court in the county wherein the
113program is located. If the program has filed a petition for
114bankruptcy, the department shall file and enforce the lien in
115the bankruptcy proceedings. Otherwise, the lien shall be
116enforced in the manner provided in s. 85.011. All funds received
117by the department from the enforcement of the lien shall be
118deposited in the Administrative Trust Fund within the Department
119of Children and Family Services Community Resources Development
120Trust Fund.
121     Section 4.  Subsection (4) of section 984.22, Florida
122Statutes, is amended to read:
123     984.22  Powers of disposition.--
124     (4)  All payments of fees made to the department pursuant
125to this chapter, or child support payments made to the
126department pursuant to subsection (3), shall be deposited in the
127General Revenue Fund. In cases in which the child is placed in
128foster care with the Department of Children and Family Services,
129such child support payments shall be deposited in the
130Administrative Trust Fund within the Department of Children and
131Family Services Community Resources Development Trust Fund.
132     Section 5.  This act shall take effect July 1, 2004.


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