ENROLLED

2008 LegislatureSB 2108

20082108er

1

2

An act relating to trust funds; re-creating the Federal

3

Grants Trust Fund within the Agency for Persons with

4

Disabilities without modification; carrying forward

5

current balances and continuing current sources and uses

6

thereof; amending s. 20.1971, F.S.; removing the scheduled

7

termination of the trust fund; providing an effective

8

date.

9

10

     WHEREAS, the Legislature wishes to extend the life of the

11

Federal Grants Trust Fund within the Agency for Persons with

12

Disabilities, which is otherwise scheduled to be terminated

13

pursuant to constitutional mandate, and

14

     WHEREAS, the Legislature has reviewed the trust fund before

15

its scheduled termination date and has found that it continues to

16

meet an important public purpose, and

17

     WHEREAS, the Legislature has found that existing public

18

policy concerning the trust fund sets adequate parameters for its

19

use, NOW, THEREFORE,

20

21

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

22

23

     Section 1. (1) The Federal Grants Trust Fund within the

24

Agency for Persons with Disabilities, FLAIR number 67-2-261,

25

which is to be terminated pursuant to Section 19(f), Article III

26

of the State Constitution on July 1, 2009, is re-created.

27

     (2) All current balances of the trust fund are carried

28

forward, and all current sources and uses of the trust fund are

29

continued.

30

     Section 2.  Section 20.1971, Florida Statutes, is amended to

31

read:

32

     20.1971  Agency for Persons with Disabilities; trust

33

funds.--The following trust funds are created and shall be

34

administered by the Agency for Persons with Disabilities:

35

     (1)  The Administrative Trust Fund.

36

     (a)  Funds to be credited to the trust fund shall consist of

37

federal matching funds provided for the administration of

38

Medicaid services. Funds shall be used for the purpose of

39

supporting the agency's administration of Medicaid programs and

40

for other such purposes as may be appropriate and shall be

41

expended only pursuant to legislative appropriation or an

42

approved amendment to the agency's operating budget pursuant to

43

the provisions of chapter 216.

44

     (b)  Notwithstanding the provisions of s. 216.301 and

45

pursuant to s. 216.351, any balance in the trust fund at the end

46

of any fiscal year shall remain in the trust fund at the end of

47

the year and shall be available for carrying out the purposes of

48

the trust fund.

49

     (c)  In accordance with s. 19(f)(2), Art. III of the State

50

Constitution, the Administrative Trust Fund shall, unless

51

terminated earlier, be terminated on July 1, 2009. Before its

52

scheduled termination, the trust fund shall be reviewed as

53

provided in s. 215.3206(1) and (2).

54

     (2)  The Operations and Maintenance Trust Fund.

55

     (a)  Funds to be credited to the trust fund shall consist of

56

receipts from third-party payors of health care services such as

57

Medicaid. Funds shall be used for the purpose of providing health

58

care services to agency clients and for other such purposes as

59

may be appropriate and shall be expended only pursuant to

60

legislative appropriation or an approved amendment to the

61

agency's operating budget pursuant to the provisions of chapter

62

216.

63

     (b)  Notwithstanding the provisions of s. 216.301 and

64

pursuant to s. 216.351, any balance in the trust fund at the end

65

of any fiscal year shall remain in the trust fund at the end of

66

the year and shall be available for carrying out the purposes of

67

the trust fund.

68

     (c)  In accordance with s. 19(f)(2), Art. III of the State

69

Constitution, the Operations and Maintenance Trust Fund shall,

70

unless terminated earlier, be terminated on July 1, 2009. Before

71

its scheduled termination, the trust fund shall be reviewed as

72

provided in s. 215.3206(1) and (2).

73

     (3)  The Social Services Block Grant Trust Fund.

74

     (a)  Funds to be credited to the trust fund shall consist of

75

federal social services block grant funds. These shall be used

76

for the purpose of providing health care and support services to

77

agency clients and for other such purposes as may be appropriate

78

and shall be expended only pursuant to legislative appropriation

79

or an approved amendment to the agency's operating budget

80

pursuant to the provisions of chapter 216.

81

     (b)  Notwithstanding the provisions of s. 216.301 and

82

pursuant to s. 216.351, any balance in the trust fund at the end

83

of any fiscal year shall remain in the trust fund at the end of

84

the year and shall be available for carrying out the purposes of

85

the trust fund.

86

     (c)  In accordance with s. 19(f)(2), Art. III of the State

87

Constitution, the Social Services Block Grant Trust Fund shall,

88

unless terminated earlier, be terminated on July 1, 2009. Before

89

its scheduled termination, the trust fund shall be reviewed as

90

provided in s. 215.3206(1) and (2).

91

     (4)  The Tobacco Settlement Trust Fund.

92

     (a)  Funds to be credited to the trust fund shall consist of

93

funds disbursed, by nonoperating transfer, from the Department of

94

Financial Services Tobacco Settlement Clearing Trust Fund in

95

amounts equal to the annual appropriations made from this trust

96

fund.

97

     (b)  Notwithstanding the provisions of s. 216.301 and

98

pursuant to s. 216.351, any unencumbered balance in the trust

99

fund at the end of any fiscal year and any encumbered balance

100

remaining undisbursed on December 31 of the same calendar year

101

shall revert to the Department of Financial Services Tobacco

102

Settlement Clearing Trust Fund.

103

     (c)  In accordance with s. 19(f)(2), Art. III of the State

104

Constitution, the Tobacco Settlement Trust Fund shall, unless

105

terminated earlier, be terminated on July 1, 2009. Before its

106

scheduled termination, the trust fund shall be reviewed as

107

provided in s. 215.3206(1) and (2).

108

     (5)  The Federal Grants Trust Fund.

109

     (a)  Funds to be credited to the trust fund shall consist of

110

receipts from federal grants. Funds shall be used for the purpose

111

of providing health care services to agency clients and for other

112

such purposes as may be appropriate and shall be expended only

113

pursuant to legislative appropriation or an approved amendment to

114

the agency's operating budget pursuant to the provisions of

115

chapter 216.

116

     (b)  Notwithstanding the provisions of s. 216.301 and

117

pursuant to s. 216.351, any balance in the trust fund at the end

118

of any fiscal year shall remain in the trust fund at the end of

119

the year and shall be available for carrying out the purposes of

120

the trust fund.

121

     (c) In accordance with s. 19(f)(2), Art. III of the State

122

Constitution, the Federal Grants Trust Fund shall, unless

123

terminated earlier, be terminated on July 1, 2009. Before its

124

scheduled termination, the trust fund shall be reviewed as

125

provided in s. 215.3206(1) and (2).

126

     Section 3.  This act shall take effect July 1, 2008.

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