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A bill to be entitled

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

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and Maintenance Trust Fund within the Agency for Persons

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with Disabilities without modification; carrying forward

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current balances and continuing current sources and uses

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

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termination of the trust fund; providing an effective

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date.

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     WHEREAS, the Legislature wishes to extend the life of the

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Operations and Maintenance Trust Fund within the Agency for

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Persons with Disabilities, which is otherwise scheduled to be

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terminated pursuant to constitutional mandate, and

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     WHEREAS, the Legislature has reviewed the trust fund before

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its scheduled termination date and has found that it continues to

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meet an important public purpose, and

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     WHEREAS, the Legislature has found that existing public

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policy concerning the trust fund sets adequate parameters for

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its use, NOW, THEREFORE,

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

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     Section 1. (1) The Operations and Maintenance Trust Fund

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within the Agency for Persons with Disabilities, FLAIR number 67-

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2-516, which is to be terminated pursuant to Section 19(f),

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Article III of the State Constitution on July 1, 2009, is re-

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created.

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

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

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continued.

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

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read:

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     20.1971  Agency for Persons with Disabilities; trust

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

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administered by the Agency for Persons with Disabilities:

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     (1)  The Administrative Trust Fund.

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

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federal matching funds provided for the administration of

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Medicaid services. Funds shall be used for the purpose of

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supporting the agency's administration of Medicaid programs and

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for other such purposes as may be appropriate and shall be

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expended only pursuant to legislative appropriation or an

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approved amendment to the agency's operating budget pursuant to

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the provisions of chapter 216.

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     (b)  Notwithstanding the provisions of s. 216.301 and

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

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

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

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the trust fund.

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

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Constitution, the Administrative Trust Fund shall, unless

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

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scheduled termination, the trust fund shall be reviewed as

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

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     (2)  The Operations and Maintenance Trust Fund.

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

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

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

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care services to agency clients and for other such purposes as

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may be appropriate and shall be expended only pursuant to

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legislative appropriation or an approved amendment to the

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agency's operating budget pursuant to the provisions of chapter

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216.

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     (b)  Notwithstanding the provisions of s. 216.301 and

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

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

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

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the trust fund.

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

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Constitution, the Operations and Maintenance Trust Fund shall,

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

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its scheduled termination, the trust fund shall be reviewed as

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

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     (3)  The Social Services Block Grant Trust Fund.

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

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federal social services block grant funds. These shall be used

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for the purpose of providing health care and support services to

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agency clients and for other such purposes as may be appropriate

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and shall be expended only pursuant to legislative appropriation

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or an approved amendment to the agency's operating budget

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pursuant to the provisions of chapter 216.

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     (b)  Notwithstanding the provisions of s. 216.301 and

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

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

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

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the trust fund.

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

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Constitution, the Social Services Block Grant Trust Fund shall,

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

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its scheduled termination, the trust fund shall be reviewed as

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

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     (4)  The Tobacco Settlement Trust Fund.

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

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funds disbursed, by nonoperating transfer, from the Department of

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Financial Services Tobacco Settlement Clearing Trust Fund in

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amounts equal to the annual appropriations made from this trust

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fund.

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     (b)  Notwithstanding the provisions of s. 216.301 and

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

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

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remaining undisbursed on December 31 of the same calendar year

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shall revert to the Department of Financial Services Tobacco

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Settlement Clearing Trust Fund.

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

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Constitution, the Tobacco Settlement Trust Fund shall, unless

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

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scheduled termination, the trust fund shall be reviewed as

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

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     (5)  The Federal Grants Trust Fund.

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

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

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of providing health care services to agency clients and for other

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such purposes as may be appropriate and shall be expended only

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pursuant to legislative appropriation or an approved amendment to

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the agency's operating budget pursuant to the provisions of

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chapter 216.

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     (b)  Notwithstanding the provisions of s. 216.301 and

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

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

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

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the trust fund.

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

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Constitution, the Federal Grants Trust Fund shall, unless

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

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scheduled termination, the trust fund shall be reviewed as

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

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