Florida Senate - 2008 SB 2122
By Senator Peaden
2-03663A-08 20082122__
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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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Health; terminating the Florida Center for Nursing Trust
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Fund within the Department of Health; providing for the
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disposition of the balances in and revenues of the trust
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fund; prescribing procedures for the termination of the
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trust fund; amending s. 20.435, F.S.; removing obsolete
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language; revising the date for reversion of specified
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balances in the Tobacco Settlement Trust Fund; removing
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the scheduled termination of the Welfare Transition Trust
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Fund; providing for the administration of the Brain and
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Spinal Cord Injury Program Trust Fund, the County Health
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Department Trust Fund, the Donations Trust Fund, the
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Florida Drug, Device, and Cosmetic Trust Fund, the
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Emergency Medical Services Trust Fund, the Epilepsy
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Services Trust Fund, the Maternal and Child Health Block
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Grant Trust Fund, the Nursing Student Loan Forgiveness
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Trust Fund, the Planning and Evaluation Trust Fund, the
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Preventive Health Services Block Grant Trust Fund, the
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Radiation Protection Trust Fund, the Rape Crisis Program
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Trust Fund, and the United States Trust Fund by the
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Department of Health; providing for sources of funds and
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purposes; providing for annual carryforward of funds;
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amending s. 215.22, F.S.; exempting voluntary
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contributions to the Florida Center for Nursing from the
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service charge imposed on income of a revenue nature
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deposited in trust funds; removing reference to the
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Florida Center for Nursing Trust Fund, to conform to the
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termination of the fund; amending s. 215.5601, F.S.;
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conforming a cross-reference; amending s. 464.0195, F.S.,
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to conform; repealing s. 464.0198, F.S., which creates the
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Florida Center for Nursing Trust Fund, to conform;
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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 Florida Center for Nursing Trust Fund,
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FLAIR number 64-2-283, within the Department of Health is
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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 Health, FLAIR number 64-2-
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339.
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(3) The Department of Health shall pay any outstanding
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debts and obligations of the terminated fund as soon as
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practicable, and the Chief Financial Officer shall close out and
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remove the terminated fund from the various state accounting
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systems using generally accepted accounting principles concerning
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warrants outstanding, assets, and liabilities.
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Section 2. Section 20.435, Florida Statutes, is amended to
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read:
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20.435 Department of Health; trust funds.--
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(1) The following trust funds shall are hereby created, to
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be administered by the Department of Health:
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(1)(a) Administrative Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of regulatory fees such as those pertaining to the licensing,
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permitting, and inspection of septic tanks, food hygiene, onsite
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sewage, Superfund compliance, solid waste management, tanning
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facilities, mobile home and recreational vehicle park inspection,
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other departmental regulatory and health care programs, and
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indirect earnings from grants. Funds shall be used for the
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purpose of supporting the regulatory activities of the department
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and 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 department's operating budget pursuant
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to the provisions of chapter 216.
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(b)2. 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)(b) Federal Grants Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of grants and funding from the Federal Government and funds from
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the Medicaid program. Funds shall be used for the purposes of
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providing health and support services to department clients,
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supporting regulatory activities of the department, and funding
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disease surveillance and for other such purposes as may be
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appropriate and shall be expended only pursuant to legislative
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appropriation or an approved amendment to the department's
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operating budget pursuant to the provisions of chapter 216.
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(b)2. 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)(c) Grants and Donations Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of restricted contractual revenue from public or private sources
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such as receipts from Medicaid, funds from federal environmental
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laws such as the Safe Drinking Water Act and the Superfund, funds
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from other health and environmental programs, and funds from
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private sources such as foundations. Funds shall be used for the
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purpose of supporting the activities of the department and shall
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be expended only pursuant to legislative appropriation or an
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approved amendment to the department's operating budget pursuant
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to the provisions of chapter 216.
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(b)2. 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)(d) Medical Quality Assurance Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of fees and fines related to the licensing of health care
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professionals. Funds shall be used for the purpose of providing
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administrative support for the regulation of health care
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professionals 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 department's operating budget
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pursuant to the provisions of chapter 216.
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(b)2. 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)(e) Operations and Maintenance Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of receipts from third-party payors of health care services such
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as Medicare and Medicaid. Funds shall be used for the purpose of
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providing health care services to department clients and for
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other such purposes as may be appropriate and shall be expended
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only pursuant to legislative appropriation or an approved
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amendment to the department's operating budget pursuant to the
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provisions of chapter 216.
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(b)2. 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)(f) Social Services Block Grant Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of federal social services block grant funds. Funds shall be used
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for 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 and shall be expended only pursuant to legislative
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appropriation or an approved amendment to the department's
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operating budget pursuant to the provisions of chapter 216.
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(b)2. 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)(g) Department of Health Tobacco Settlement Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of funds disbursed, by nonoperating transfer, from the Department
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of 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)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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(8)(h) Biomedical Research Trust Fund.
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(a)1. Funds to be credited to the trust fund shall consist
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of funds deposited pursuant to s. 215.5601 and any other funds
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appropriated by the Legislature. Funds shall be used for the
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purposes of the James and Esther King Biomedical Research Program
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and the William G. "Bill" Bankhead, Jr., and David Coley Cancer
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381.922. The trust fund is exempt from the service charges
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imposed by s. 215.20.
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(b)2. 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. The department may invest these funds
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independently through the Chief Financial Officer or may
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negotiate a trust agreement with the State Board of
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Administration for the investment management of any balance in
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the trust fund.
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(c)3. Notwithstanding s. 216.301 and pursuant to s.
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216.351, any balance of any appropriation from the Biomedical
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Research Trust Fund which is not disbursed but which is obligated
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pursuant to contract or committed to be expended may be carried
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forward for up to 3 years following the effective date of the
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original appropriation.
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(9)(i) Welfare Transition Trust Fund.
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(a)1. The Welfare Transition Trust Fund is created within
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the Department of Health for the purposes of receiving federal
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funds under the Temporary Assistance for Needy Families Program.
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Trust fund moneys shall be used exclusively for the purpose of
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providing services to individuals eligible for Temporary
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Assistance for Needy Families pursuant to the requirements and
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limitations of part A of Title IV of the Social Security Act, as
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amended, or any other applicable federal requirement or
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limitation. Funds credited to the trust fund consist of those
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funds collected from the Temporary Assistance for Needy Families
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Block Grant.
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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. In accordance with s. 19(f)(2), Art. III of the State
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Constitution, the Welfare Transition Trust Fund shall be
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terminated on July 1, 2008, unless terminated sooner. 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) Prior to its scheduled termination pursuant to the
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provisions of s. 19(f)(2), Art. III of the State Constitution,
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each trust fund listed in subsection (1) shall be reviewed as
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provided in s. 215.3206(1) and (2).
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(10) Brain and Spinal Cord Injury Program 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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(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) County Health Department 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 s. 154.02.
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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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(12) Donations Trust Fund.
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(a) Funds to be credited to the trust fund shall consist of
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state and federal grant funds and fees collected and shall be
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used for the purpose of providing health care and support
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services to department clients and for other such purposes as may
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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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(13) Florida Drug, Device, and Cosmetic 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
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chapter 499.
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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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(14) Emergency Medical Services 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 parts
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I and II of chapter 401.
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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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(15) Epilepsy Services 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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(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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(16) Maternal and Child Health 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 maternal and child block grant funds and shall be used
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for 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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(17) Nursing Student Loan Forgiveness 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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(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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(18) Planning and Evaluation 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 ss.
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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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(19) Preventive Health 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 preventive health services block grant funds and shall be
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used for the purpose of providing health care and support
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services to department clients and for other such purposes as may
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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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(20) Radiation Protection 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
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chapter 404 and part IV of chapter 468.
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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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(21) Rape Crisis Program 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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(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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(22) United States Trust Fund.
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(a) Funds to be credited to the trust fund shall consist of
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federal funds from the Social Security Administration and shall
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be used for the purpose of determining the eligibility of Florida
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citizens applying for disability benefits under the federal
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Social Security and Supplemental Security Income Programs.
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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 3. Paragraph (u) of subsection (1) of section
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215.22, Florida Statutes, is amended 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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(u) Voluntary contributions collected pursuant to s.
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464.0195(3) The Florida Center for Nursing Trust Fund.
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Section 4. Paragraph (e) of subsection (5) of section
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215.5601, Florida Statutes, is amended to read:
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215.5601 Lawton Chiles Endowment Fund.--
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(5) AVAILABILITY OF FUNDS; USES.--
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all unencumbered balances of appropriations from each
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department's respective Tobacco Settlement Trust Fund as of June
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30 or undisbursed balances as of December 31 shall revert to the
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endowment's principal. Unencumbered balances in the Biomedical
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Research Trust Fund shall be managed as provided in s.
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20.435(8)(b)(1)(h)2.
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Section 5. Subsection (3) of section 464.0195, Florida
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Statutes, is amended to read:
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464.0195 Florida Center for Nursing; goals.--
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(3) The Board of Nursing shall include on its initial and
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renewal application forms a question asking the nurse to
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voluntarily contribute to funding the Florida Center for Nursing
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in addition to paying the fees imposed at the time of licensure
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and licensure renewal. Revenues collected from nurses over and
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above the required fees shall be transferred from the Medical
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Quality Assurance Trust Fund to the Grants and Donations Trust
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Fund within the Department of Health Florida Center for Nursing
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Trust Fund and shall be used solely to support and maintain the
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goals and functions of the center.
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Section 6. Section 464.0198, Florida Statutes, is repealed.
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Section 7. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.