Florida Senate - 2008 SB 2116

By Senator Peaden

2-03662-08 20082116__

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A bill to be entitled

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An act relating to trust funds of the Department of

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Children and Family Services; terminating the Child

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Advocacy Trust Fund and the Refugee Assistance Trust Fund;

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providing for the disposition of balances in and revenues

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of the trust funds; prescribing procedures for the

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termination of the trust funds; amending s. 17.61, F.S.,

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to conform; amending s. 20.195, F.S.; providing for the

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administration of the Administrative Trust Fund, the

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Alcohol, Drug Abuse, and Mental Health Trust Fund, the

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Child Welfare Training Trust Fund, the Domestic Violence

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Trust Fund, the Federal Grants Trust Fund, the Grants and

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Donations Trust Fund, the Operations and Maintenance Trust

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Fund, the Social Services Block Grant Trust Fund, the

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Welfare Transition Trust Fund, and the Working Capital

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Trust Fund by the Department of Children and Family

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Services; providing for sources of funds and purposes;

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providing for annual carryforward of funds; revising the

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date for reversion of specified balances in the Tobacco

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Settlement Trust Fund; amending s. 39.3035, F.S.;

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providing for the appropriation of funds to the Department

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of Children and Family Services for the specific purpose

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of funding children's advocacy centers; providing for

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sources of funds and purposes thereof; specifying the use

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of collected funds; requiring the development of funding

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criteria and an allocation methodology for distributing

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such funds; requiring annual reports; requiring an annual

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report to the Legislature; repealing s. 39.30351, F.S.;

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eliminating the Child Advocacy Trust Fund to conform to

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the termination of the fund by this act; amending s.

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215.22, F.S.; exempting specified funds disbursed to the

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Florida Network of Children's Advocacy Centers, Inc., from

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the service charge imposed on income of a revenue nature

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deposited in trust funds; amending s. 938.10, F.S.;

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providing for deposit of proceeds derived from additional

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court costs imposed in cases of certain crimes against

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minors into the Grants and Donations Trust Fund of the

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department for the purpose of funding children's advocacy

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centers; removing obsolete language; removing reporting

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requirements; providing an effective date.

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

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     Section 1. (1) The Child Advocacy Trust Fund within the

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Department of Children and Family Services, FLAIR number 60-2-

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128, is terminated.

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     (2) All current balances remaining in, and all revenues of,

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the trust fund shall be transferred to the Grants and Donations

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Trust Fund within the Department of Children and Family Services,

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FLAIR number 60-2-339.

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     (3) The Department of Children and Family Services shall

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pay any outstanding debts and obligations of the terminated fund

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as soon as practicable, and the Chief Financial Officer shall

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close out and remove the terminated fund from the various state

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accounting systems using generally accepted accounting principles

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concerning warrants outstanding, assets, and liabilities.

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     Section 2. (1) The Refugee Assistance Trust Fund within

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the Department of Children and Family Services, FLAIR number 60-

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2-579, is terminated.

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     (2) All current balances remaining in, and all revenues of,

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the trust fund shall be transferred to the Federal Grants Trust

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Fund within the Department of Children and Family Services, FLAIR

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number 60-2-261.

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     (3) The Department of Children and Family Services shall

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pay any outstanding debts and obligations of the terminated fund

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as soon as practicable, and the Chief Financial Officer shall

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close out and remove the terminated fund from the various state

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accounting systems using generally accepted accounting principles

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concerning warrants outstanding, assets, and liabilities.

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     Section 3.  Paragraph (c) of subsection (3) of section

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17.61, Florida Statutes, is amended to read:

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     17.61  Chief Financial Officer; powers and duties in the

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investment of certain funds.--

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     (3)

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     (c)  Except as provided in this paragraph and except for

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moneys described in paragraph (d), the following agencies shall

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not invest trust fund moneys as provided in this section, but

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shall retain such moneys in their respective trust funds for

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investment, with interest appropriated to the General Revenue

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Fund, pursuant to s. 17.57:

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     1.  The Agency for Health Care Administration, except for

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the Tobacco Settlement Trust Fund.

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     2.  The Agency for Persons with Disabilities, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Tobacco Settlement Trust Fund.

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     3.  The Department of Children and Family Services, except

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for:

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     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.

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     b. The Refugee Assistance Trust Fund.

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     b.c. The Social Services Block Grant Trust Fund.

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     c.d. The Tobacco Settlement Trust Fund.

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     d.e. The Working Capital Trust Fund.

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     4.  The Department of Community Affairs, only for the

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Operating Trust Fund.

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     5.  The Department of Corrections.

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     6.  The Department of Elderly Affairs, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Tobacco Settlement Trust Fund.

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     7.  The Department of Health, except for:

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     a.  The Federal Grants Trust Fund.

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     b.  The Grants and Donations Trust Fund.

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     c.  The Maternal and Child Health Block Grant Trust Fund.

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     d.  The Tobacco Settlement Trust Fund.

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     8.  The Department of Highway Safety and Motor Vehicles,

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only for:

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     a.  The DUI Programs Coordination Trust Fund.

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     b.  The Security Deposits Trust Fund.

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     9.  The Department of Juvenile Justice.

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     10.  The Department of Law Enforcement.

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     11.  The Department of Legal Affairs.

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     12.  The Department of State, only for:

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     a.  The Grants and Donations Trust Fund.

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     b.  The Records Management Trust Fund.

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     13.  The Executive Office of the Governor, only for:

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     a.  The Economic Development Transportation Trust Fund.

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     b.  The Economic Development Trust Fund.

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     14.  The Florida Public Service Commission, only for the

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Florida Public Service Regulatory Trust Fund.

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     15.  The Justice Administrative Commission.

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     16.  The state courts system.

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     Section 4.  Section 20.195, Florida Statutes, is amended to

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read:

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     20.195 Department of Children and Family Services; trust

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funds Tobacco Settlement Trust Fund.--The following trust funds

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shall be administered by the Department of Children and Family

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Services:

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     (1) Administrative Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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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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     (2) Alcohol, Drug Abuse, and Mental Health Trust Fund.

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

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federal mental health or substance abuse block grant funds, and

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shall be used for the purpose of providing mental health or

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substance abuse treatment and support services to department

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clients and for other such purposes as may be appropriate.

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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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     (3) Child Welfare Training Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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402.40.

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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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     (4) Domestic Violence Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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28.101, part XIII of chapter 39, and chapter 741.

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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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     (5) Federal Grants Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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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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     (6) Grants and Donations Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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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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     (7) Operations and Maintenance Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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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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     (8) 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, and shall be used for

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the purpose of providing health care and support services to

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department clients and for other such purposes as may be

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appropriate.

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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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     (9) Tobacco Settlement Trust Fund.

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     (a) The Department of Children and Family Services Tobacco

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Settlement Trust Fund is created within that department. Funds to

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be credited to the trust fund shall consist of funds disbursed,

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by nonoperating transfer, from the Department of Financial

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Services Tobacco Settlement Clearing Trust Fund in amounts equal

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to the annual appropriations made from this trust fund.

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     (b)(2) 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 September 30 December 31 of the same

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calendar year shall revert to the Department of Financial

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Services Tobacco Settlement Clearing Trust Fund.

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     (10) Welfare Transition Trust Fund.

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     (a) Funds to be credited to and uses of the trust funds

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shall be administered in accordance with the provisions of s.

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20.506.

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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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     (11) Working Capital Trust Fund.

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     (a) Funds to be credited to and uses of the trust fund

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shall be administered in accordance with the provisions of s.

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215.32.

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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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     Section 5.  Subsection (3) of section 39.3035, Florida

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Statutes, is amended to read:

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     39.3035  Child advocacy centers; standards; state funding.--

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     (3)  A child advocacy center within this state may not

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receive the funds generated pursuant to s. 938.10, state or

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federal funds administered by a state agency, or any other funds

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appropriated by the Legislature unless all of the standards of

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subsection (1) are met and the screening requirement of

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subsection (2) is met. The Florida Network of Children's Advocacy

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Centers, Inc., shall be responsible for tracking and documenting

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compliance with subsections (1) and (2) for any of the funds it

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administers to member child advocacy centers.

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     (a) Funds for the specific purpose of funding children's

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advocacy centers shall be appropriated to the Department of

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Children and Family Services from funds collected from the

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additional court cost imposed in cases of certain crimes against

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minors under s. 938.10. Funds shall be disbursed to the Florida

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Network of Children's Advocacy Centers, Inc., as established

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under this section, for the purpose of providing community-based

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services that augment, but do not duplicate, services provided by

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state agencies.

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     (b) The board of directors of the Florida Network of

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Children's Advocacy Centers, Inc., shall retain 10 percent of all

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revenues collected to be used to match local contributions, at a

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rate not to exceed an equal match, in communities establishing

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children's advocacy centers. The board of directors may use up to

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5 percent of the remaining funds to support the activities of the

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network office and must develop funding criteria and an

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allocation methodology that ensures an equitable distribution of

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remaining funds among network participants. The criteria and

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methodologies must take into account factors that include, but

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need not be limited to, the center's accreditation status with

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respect to the National Children's Alliance, the number of

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clients served, and the population of the area being served by

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the children's advocacy center.

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     (c) At the end of each fiscal year, each children's

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advocacy center receiving revenue as provided in this section

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must provide a report to the board of directors of the Florida

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Network of Children's Advocacy Centers, Inc., which reflects

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center expenditures, all sources of revenue received, and outputs

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that have been standardized and agreed upon by network members

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and the board of directors, such as the number of clients served,

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client demographic information, and number and types of services

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provided. The Florida Network of Children's Advocacy Centers,

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Inc., must compile reports from the centers and provide a report

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to the President of the Senate and the Speaker of the House of

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Representatives in August of each year beginning in 2005.

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     Section 6. Section 39.30351, Florida Statutes, is repealed.

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     Section 7.  Paragraph (w) is added to subsection (1) of

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section 215.22, Florida Statutes, to read:

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     215.22  Certain income and certain trust funds exempt.--

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     (1)  The following income of a revenue nature or the

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following trust funds shall be exempt from the appropriation

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required by s. 215.20(1):

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     (w) That portion of the fines to be disbursed to the

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Florida Network of Children's Advocacy Centers, Inc., collected

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pursuant to s. 938.10.

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     Section 8.  Subsections (2) and (3) of section 938.10,

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Florida Statutes, are amended to read:

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     938.10  Additional court cost imposed in cases of certain

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crimes against minors.--

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     (2)  Each month the clerk of the court shall transfer the

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proceeds of the court cost, less $1 from each sum collected which

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the clerk shall retain as a service charge, to the Department of

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Revenue for deposit into the Department of Children and Family

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Services' Grants and Donations Child Advocacy Trust Fund for

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disbursement to the Florida Network of Children's Advocacy

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Centers, Inc., for the purpose of funding children's advocacy

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centers that are members of the network. If the Child Advocacy

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Trust Fund is not created by law within the Department of

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Children and Family Services, the clerk of the court shall

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transfer the proceeds to the Department of Revenue for deposit

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into the Department of Children and Family Services' Grants and

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Donations Trust Fund for disbursement to the Florida Network of

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Children's Advocacy Centers, Inc., for the purpose of funding

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children's advocacy centers that are members of the network.

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     (3) At the end of each fiscal year, each children's

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advocacy center receiving revenue as provided in this section

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must provide a report to the board of directors of the Florida

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Network of Children's Advocacy Centers, Inc., which reflects

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center expenditures, all sources of revenue received, and outputs

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that have been standardized and agreed upon by network members

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and the board of directors, such as the number of clients served,

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client demographic information, and number and types of services

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provided. The Florida Network of Children's Advocacy Centers,

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Inc., must compile reports from the centers and provide a report

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to the President of the Senate and the Speaker of the House of

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Representatives in August of each year beginning in 2005.

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     Section 9.  This act shall take effect July 1, 2008.

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