ENROLLED
2008 LegislatureSB 2112
20082112er
1
2
An act relating to trust funds; re-creating the Social
3
Services Block Grant Trust Fund within the Agency for
4
Persons with Disabilities without modification; carrying
5
forward current balances and continuing current sources
6
and uses thereof; amending s. 20.1971, F.S.; removing the
7
scheduled termination of the trust fund; providing an
8
effective date.
9
10
WHEREAS, the Legislature wishes to extend the life of the
11
Social Services Block Grant Trust Fund within the Agency for
12
Persons with Disabilities, which is otherwise scheduled to be
13
terminated 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 Social Services Block Grant Trust Fund
24
within the Agency for Persons with Disabilities, FLAIR number 67-
25
2-639, which is to be terminated pursuant to Section 19(f),
26
Article III of the State Constitution on July 1, 2009, is re-
27
created.
28
(2) All current balances of the trust fund are carried
29
forward, and all current sources and uses of the trust fund are
30
continued.
31
Section 2. Section 20.1971, Florida Statutes, is amended to
32
read:
33
20.1971 Agency for Persons with Disabilities; trust
34
funds.--The following trust funds are created and shall be
35
administered by the Agency for Persons with Disabilities:
36
(1) The Administrative Trust Fund.
37
(a) Funds to be credited to the trust fund shall consist of
38
federal matching funds provided for the administration of
39
Medicaid services. Funds shall be used for the purpose of
40
supporting the agency's administration of Medicaid programs and
41
for other such purposes as may be appropriate and shall be
42
expended only pursuant to legislative appropriation or an
43
approved amendment to the agency's operating budget pursuant to
44
the provisions of chapter 216.
45
(b) Notwithstanding the provisions of s. 216.301 and
46
pursuant to s. 216.351, any balance in the trust fund at the end
47
of any fiscal year shall remain in the trust fund at the end of
48
the year and shall be available for carrying out the purposes of
49
the trust fund.
50
(c) In accordance with s. 19(f)(2), Art. III of the State
51
Constitution, the Administrative Trust Fund shall, unless
52
terminated earlier, be terminated on July 1, 2009. Before its
53
scheduled termination, the trust fund shall be reviewed as
54
provided in s. 215.3206(1) and (2).
55
(2) The Operations and Maintenance Trust Fund.
56
(a) Funds to be credited to the trust fund shall consist of
57
receipts from third-party payors of health care services such as
58
Medicaid. Funds shall be used for the purpose of providing health
59
care services to agency clients and for other such purposes as
60
may be appropriate and shall be expended only pursuant to
61
legislative appropriation or an approved amendment to the
62
agency's operating budget pursuant to the provisions of chapter
63
216.
64
(b) Notwithstanding the provisions of s. 216.301 and
65
pursuant to s. 216.351, any balance in the trust fund at the end
66
of any fiscal year shall remain in the trust fund at the end of
67
the year and shall be available for carrying out the purposes of
68
the trust fund.
69
(c) In accordance with s. 19(f)(2), Art. III of the State
70
Constitution, the Operations and Maintenance Trust Fund shall,
71
unless terminated earlier, be terminated on July 1, 2009. Before
72
its scheduled termination, the trust fund shall be reviewed as
73
provided in s. 215.3206(1) and (2).
74
(3) The Social Services Block Grant Trust Fund.
75
(a) Funds to be credited to the trust fund shall consist of
76
federal social services block grant funds. These shall be used
77
for the purpose of providing health care and support services to
78
agency clients and for other such purposes as may be appropriate
79
and shall be expended only pursuant to legislative appropriation
80
or an approved amendment to the agency's operating budget
81
pursuant to the provisions of chapter 216.
82
(b) Notwithstanding the provisions of s. 216.301 and
83
pursuant to s. 216.351, any balance in the trust fund at the end
84
of any fiscal year shall remain in the trust fund at the end of
85
the year and shall be available for carrying out the purposes of
86
the trust fund.
87
(c) In accordance with s. 19(f)(2), Art. III of the State
88
Constitution, the Social Services Block Grant Trust Fund shall,
89
unless terminated earlier, be terminated on July 1, 2009. Before
90
its scheduled termination, the trust fund shall be reviewed as
91
provided in s. 215.3206(1) and (2).
92
(4) The Tobacco Settlement Trust Fund.
93
(a) Funds to be credited to the trust fund shall consist of
94
funds disbursed, by nonoperating transfer, from the Department of
95
Financial Services Tobacco Settlement Clearing Trust Fund in
96
amounts equal to the annual appropriations made from this trust
97
fund.
98
(b) Notwithstanding the provisions of s. 216.301 and
99
pursuant to s. 216.351, any unencumbered balance in the trust
100
fund at the end of any fiscal year and any encumbered balance
101
remaining undisbursed on December 31 of the same calendar year
102
shall revert to the Department of Financial Services Tobacco
103
Settlement Clearing Trust Fund.
104
(c) In accordance with s. 19(f)(2), Art. III of the State
105
Constitution, the Tobacco Settlement Trust Fund shall, unless
106
terminated earlier, be terminated on July 1, 2009. Before its
107
scheduled termination, the trust fund shall be reviewed as
108
provided in s. 215.3206(1) and (2).
109
(5) The Federal Grants Trust Fund.
110
(a) Funds to be credited to the trust fund shall consist of
111
receipts from federal grants. Funds shall be used for the purpose
112
of providing health care services to agency clients and for other
113
such purposes as may be appropriate and shall be expended only
114
pursuant to legislative appropriation or an approved amendment to
115
the agency's operating budget pursuant to the provisions of
116
chapter 216.
117
(b) Notwithstanding the provisions of s. 216.301 and
118
pursuant to s. 216.351, any balance in the trust fund at the end
119
of any fiscal year shall remain in the trust fund at the end of
120
the year and shall be available for carrying out the purposes of
121
the trust fund.
122
(c) In accordance with s. 19(f)(2), Art. III of the State
123
Constitution, the Federal Grants Trust Fund shall, unless
124
terminated earlier, be terminated on July 1, 2009. Before its
125
scheduled termination, the trust fund shall be reviewed as
126
provided in s. 215.3206(1) and (2).
127
Section 3. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.