Florida Senate - 2008 CS for SB 2122

By the Committee on Health and Human Services Appropriations; and Senator Peaden

603-04983-08 20082122c1

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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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amending s. 794.055, F.S.; specifying limits on the uses

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of the Rape Crisis Trust Fund; providing an effective

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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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Research Program as specified in ss. 215.5602, 288.955, and

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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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381.79.

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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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385.207.

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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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1009.66.

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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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381.0202 and 382.0255.

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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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794.056.

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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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     (e)  Notwithstanding s. 216.301 and pursuant to s. 216.351,

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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.  Subsection (3) of section 794.055, Florida

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Statutes, is amended to read:

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     794.055  Access to services for victims of sexual battery.--

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     (3)(a)  The department shall contract with the statewide

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nonprofit association. The statewide nonprofit association shall

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receive 95 percent of the moneys appropriated from the Rape

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Crisis Program Trust Fund.

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     (b)  Funds received under s. 938.085 shall be used to

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provide sexual battery recovery services to victims and their

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families. Funds shall be distributed to rape crisis centers based

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on an allocation formula that takes into account the population

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and rural characteristics of each county. No more than 15 percent

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of the funds shall be used by the statewide nonprofit association

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for statewide initiatives. No more than 5 percent of the funds

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may be used by the department for administrative costs.

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     (c)  The department shall ensure that funds allocated under

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this section are expended in a manner that is consistent with the

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requirements of this section. The department may require an

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annual audit of the expenditures and shall provide a report to

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the Legislature by February 1 of each year.

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     Section 8.  This act shall take effect July 1, 2008.

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