1 | A bill to be entitled |
2 | An act relating to trust funds; terminating specified |
3 | trust funds within the Department of Children and Family |
4 | Services; providing for disposition of balances in and |
5 | revenues of the trust funds; amending ss. 17.61, 393.15 |
6 | and 984.22, F.S.; removing or revising references to the |
7 | Community Resources Development Trust Fund, to conform; |
8 | providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. (1) The following trust funds within the |
13 | Department of Children and Family Services are terminated: |
14 | (a) The Child Care and Development Block Grant Trust Fund, |
15 | FLAIR number 60-2-098. |
16 | (b) The Community Resources Development Trust Fund, FLAIR |
17 | number 60-2-113. |
18 | (2) The current balances remaining in, and all revenues |
19 | of, the trust funds terminated by this act shall be transferred |
20 | to the Administrative Trust Fund within the Department of |
21 | Children and Family Services. |
22 | (3) Except as otherwise provided herein, the Department of |
23 | Children and Family Services shall pay any outstanding debts and |
24 | obligations of the terminated trust funds as soon as |
25 | practicable, and the Chief Financial Officer shall close out and |
26 | remove the terminated trust funds from the various state |
27 | accounting systems using generally accepted accounting |
28 | principles concerning warrants outstanding, assets, and |
29 | liabilities. |
30 | Section 2. Paragraph (c) of subsection (3) of section |
31 | 17.61, Florida Statutes, is amended to read: |
32 | 17.61 Chief Financial Officer; powers and duties in the |
33 | investment of certain funds.-- |
34 | (3) |
35 | (c) Except as provided in this paragraph and except for |
36 | moneys described in paragraph (d), the following agencies shall |
37 | not invest trust fund moneys as provided in this section, but |
38 | shall retain such moneys in their respective trust funds for |
39 | investment, with interest appropriated to the General Revenue |
40 | Fund, pursuant to s. 17.57: |
41 | 1. The Agency for Health Care Administration, except for |
42 | the Tobacco Settlement Trust Fund. |
43 | 2. The Department of Children and Family Services, except |
44 | for: |
45 | a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
46 | b. The Administrative Community Resources Development |
47 | Trust 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 |
53 | Operating 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, |
64 | only 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 |
77 | Florida 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, |
81 | Florida Statutes, are amended to read: |
82 | 393.15 Legislative intent; Community Resources Development |
83 | Trust Fund.-- |
84 | (3) Funds in the Administrative There is created a |
85 | Community Resources Development Trust Fund within in the State |
86 | Treasury to be used by the Department of Children and Family |
87 | Services attributable to receipts under subsection (6) and s. |
88 | 984.22(4) shall be used for the purpose of granting loans to |
89 | eligible programs for the initial costs of development of the |
90 | programs. Loans shall be made only to those facilities which are |
91 | in compliance with the zoning regulations of the local |
92 | community. Costs of development may include structural |
93 | modification, the purchase of equipment and fire and safety |
94 | devices, preoperational staff training, and the purchase of |
95 | insurance. Such costs shall not include the actual construction |
96 | of a facility. |
97 | (6) If any program which has received a loan under this |
98 | section ceases to accept, or provide care, services, or |
99 | maintenance to, persons placed in the program by the department, |
100 | or if such program shall file papers of bankruptcy, at that |
101 | point in time the loan shall become an interest-bearing loan at |
102 | the rate of 5 percent per annum on the entire amount of the |
103 | initial loan which shall be repaid within a 1-year period from |
104 | the date on which the program ceases to provide care, services, |
105 | or maintenance, or files papers in bankruptcy, and the amount of |
106 | the loan due plus interest shall constitute a lien in favor of |
107 | the state against all real and personal property of the program. |
108 | The lien shall be perfected by the appropriate officer of the |
109 | department by executing and acknowledging a statement of the |
110 | name of the program and the amount due on the loan and a copy of |
111 | the promissory note, which shall be recorded by the department |
112 | with the clerk of the circuit court in the county wherein the |
113 | program is located. If the program has filed a petition for |
114 | bankruptcy, the department shall file and enforce the lien in |
115 | the bankruptcy proceedings. Otherwise, the lien shall be |
116 | enforced in the manner provided in s. 85.011. All funds received |
117 | by the department from the enforcement of the lien shall be |
118 | deposited in the Administrative Trust Fund within the Department |
119 | of Children and Family Services Community Resources Development |
120 | Trust Fund. |
121 | Section 4. Subsection (4) of section 984.22, Florida |
122 | Statutes, is amended to read: |
123 | 984.22 Powers of disposition.-- |
124 | (4) All payments of fees made to the department pursuant |
125 | to this chapter, or child support payments made to the |
126 | department pursuant to subsection (3), shall be deposited in the |
127 | General Revenue Fund. In cases in which the child is placed in |
128 | foster care with the Department of Children and Family Services, |
129 | such child support payments shall be deposited in the |
130 | Administrative Trust Fund within the Department of Children and |
131 | Family Services Community Resources Development Trust Fund. |
132 | Section 5. This act shall take effect July 1, 2004. |