ENROLLED
2008 LegislatureSB 2110
20082110er
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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.
CODING: Words stricken are deletions; words underlined are additions.