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A bill to be entitled

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An act implementing the 2008-2009 General Appropriations

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Act; providing legislative intent; reenacting s.

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215.32(2)(b), F.S., relating to the source and use of

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certain trust funds in order to implement the transfer of

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moneys in the General Revenue Fund from trust funds in the

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2008-2009 General Appropriations Act; providing for

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allocating funds for alcohol, drug abuse, and mental

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health services to areas of the state having the greatest

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demand for services and treatment capacity and as

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specified in the General Appropriations Act; requiring the

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Department of Children and Family Services to ensure

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information is entered into the Florida Safe Families

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Network; requiring coordination between the department and

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the Office of the State Courts Administrator and the

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Statewide Guardian Ad Litem Office to provide information

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relating to child welfare cases; requiring a report to the

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Governor and Legislature; providing for future expiration

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of such provisions; providing for the effect of a veto of

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one or more specific appropriations or proviso provisions

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to which implementing language refers; providing for the

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continued operation of certain provisions notwithstanding

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a future repeal or expiration provided by the act;

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providing for severability; providing for contingent

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retroactive application; providing effective dates.

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

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     Section 1. It is the intent of the Legislature that the

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implementing and administering provisions of this act apply to

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the act making appropriations for the 2008-2009 fiscal year.

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     Section 2.  In order to implement the transfer of moneys to

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the General Revenue Fund from trust funds in the 2008-2009

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General Appropriations Act, paragraph (b) of subsection (2) of

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section 215.32, Florida Statutes, is reenacted to read:

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     215.32  State funds; segregation.--

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

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follows:

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

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the state which under law or under trust agreement are segregated

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for a purpose authorized by law. The state agency or branch of

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state government receiving or collecting such moneys shall be

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responsible for their proper expenditure as provided by law. Upon

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the request of the state agency or branch of state government

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responsible for the administration of the trust fund, the Chief

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Financial Officer may establish accounts within the trust fund at

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a level considered necessary for proper accountability. Once an

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account is established within a trust fund, the Chief Financial

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Officer may authorize payment from that account only upon

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determining that there is sufficient cash and releases at the

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level of the account.

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     2.  In addition to other trust funds created by law, to the

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extent possible, each agency shall use the following trust funds

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as described in this subparagraph for day-to-day operations:

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     a.  Operations or operating trust fund, for use as a

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depository for funds to be used for program operations funded by

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program revenues, with the exception of administrative activities

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when the operations or operating trust fund is a proprietary

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fund.

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     b.  Operations and maintenance trust fund, for use as a

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depository for client services funded by third-party payors.

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     c.  Administrative trust fund, for use as a depository for

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funds to be used for management activities that are departmental

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in nature and funded by indirect cost earnings and assessments

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against trust funds. Proprietary funds are excluded from the

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requirement of using an administrative trust fund.

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     d.  Grants and donations trust fund, for use as a depository

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for funds to be used for allowable grant or donor agreement

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activities funded by restricted contractual revenue from private

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and public nonfederal sources.

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     e.  Agency working capital trust fund, for use as a

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depository for funds to be used pursuant to s. 216.272.

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     f.  Clearing funds trust fund, for use as a depository for

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funds to account for collections pending distribution to lawful

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recipients.

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     g.  Federal grant trust fund, for use as a depository for

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funds to be used for allowable grant activities funded by

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restricted program revenues from federal sources.

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To the extent possible, each agency must adjust its internal

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accounting to use existing trust funds consistent with the

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requirements of this subparagraph. If an agency does not have

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trust funds listed in this subparagraph and cannot make such

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adjustment, the agency must recommend the creation of the

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necessary trust funds to the Legislature no later than the next

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scheduled review of the agency's trust funds pursuant to s.

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215.3206.

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     3.  All such moneys are hereby appropriated to be expended

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in accordance with the law or trust agreement under which they

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were received, subject always to the provisions of chapter 216

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relating to the appropriation of funds and to the applicable laws

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relating to the deposit or expenditure of moneys in the State

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Treasury.

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     4.a.  Notwithstanding any provision of law restricting the

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use of trust funds to specific purposes, unappropriated cash

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balances from selected trust funds may be authorized by the

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Legislature for transfer to the Budget Stabilization Fund and

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General Revenue Fund in the General Appropriations Act.

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     b.  This subparagraph does not apply to trust funds required

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by federal programs or mandates; trust funds established for bond

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covenants, indentures, or resolutions whose revenues are legally

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pledged by the state or public body to meet debt service or other

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financial requirements of any debt obligations of the state or

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any public body; the State Transportation Trust Fund; the trust

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fund containing the net annual proceeds from the Florida

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Education Lotteries; the Florida Retirement System Trust Fund;

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trust funds under the management of the State Board of Education

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or the Board of Governors of the State University System, where

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such trust funds are for auxiliary enterprises, self-insurance,

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and contracts, grants, and donations, as those terms are defined

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by general law; trust funds that serve as clearing funds or

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accounts for the Chief Financial Officer or state agencies; trust

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funds that account for assets held by the state in a trustee

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capacity as an agent or fiduciary for individuals, private

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organizations, or other governmental units; and other trust funds

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authorized by the State Constitution.

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     Section 3. In order to implement Specific Appropriation 464

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of the 2008-2009 General Appropriations Act, and notwithstanding

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s. 394.908(3)(a) and (b), Florida Statutes, $92,566,551 from the

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General Revenue Fund and $13,295,722 from trust funds

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appropriated in Specific Appropriation 464 shall be allocated to

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the areas of the state having the greatest demand for services

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and treatment capacity. This section expires July 1, 2009.

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     Section 4. In order to implement Specific Appropriation 397

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of the 2008-2009 General Appropriations Act, and notwithstanding

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s. 394.908(3)(a) and (b), Florida Statutes, $29,619,045 from the

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trust funds appropriated in Specific Appropriation 397 shall be

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allocated as specified in the General Appropriations Act.

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     Section 5. In order to implement Specific Appropriations

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302 and 314 of the 2008-2009 General Appropriations Act, the

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Department of Children and Family Services shall ensure that all

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public and private agencies and institutions participating in

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child welfare cases enter information specified by rule of the

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department into the Florida Safe Families Network in order to

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maintain the accuracy and usefulness of the system. The Florida

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Safe Families Network is intended to be the department's

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automated child welfare case-management system designed to

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provide child welfare workers with a mechanism for managing child

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welfare cases more efficiently and tracking children and families

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more effectively. The department shall coordinate with the Office

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of the State Courts Administrator and the Statewide Guardian Ad

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Litem Office for the purpose of providing any judge or magistrate

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and any guardian ad litem assigned to a dependency court case

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with access to information in the Florida Safe Families Network

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relating to a child welfare case which is required to be filed

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with the court pursuant to chapter 39, Florida Statutes, by the

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date of the network's release during the 2008-2009 fiscal year.

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The department shall report to the Governor, the President of the

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Senate, and the Speaker of the House of Representatives by

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February 1, 2009, with respect to progress on providing access to

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the Florida Safe Families Network as provided in this section.

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This section expires July 1, 2009.

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     Section 6. Any section of this act which implements a

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specific appropriation or specifically identified proviso

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language in the act making appropriations for the 2008-2009

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fiscal year is void if the specific appropriation or specifically

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identified proviso language is vetoed. Any section of this act

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which implements more than one specific appropriation or more

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than one portion of specifically identified proviso language in

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the act making appropriations for the 2008-2009 fiscal year is

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void if all the specific appropriations or portions of

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specifically identified proviso language are vetoed.

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     Section 7. If any other act passed in 2008 contains a

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provision that is substantively the same as a provision in this

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act, but that removes or is otherwise not subject to the future

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repeal applied to such provision by this act, the Legislature

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intends that the provision in the other act shall take precedence

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and shall continue to operate, notwithstanding the future repeal

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provided by this act.

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     Section 8. If any provision of this act or its application

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to any person or circumstance is held invalid, the invalidity

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does not affect other provisions or applications of the act which

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can be given effect without the invalid provision or application,

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and to this end the provisions of this act are severable.

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     Section 9.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008; or, if this act

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fails to become law until after that date, it shall take effect

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upon becoming a law and shall operate retroactively to July 1,

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2008.