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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

291

the year and shall be available for carrying out the purposes of

292

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

301

of any fiscal year shall remain in the trust fund at the end of

302

the year and shall be available for carrying out the purposes of

303

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

311

the year and shall be available for carrying out the purposes of

312

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

320

the year and shall be available for carrying out the purposes of

321

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

330

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

332

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:

335

     215.22  Certain income and certain trust funds exempt.--

336

     (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.--

344

     (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

348

30 or undisbursed balances as of December 31 shall revert to the

349

endowment's principal. Unencumbered balances in the Biomedical

350

Research Trust Fund shall be managed as provided in s.

351

20.435(8)(b)(1)(h)2.

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     Section 5.  Subsection (3) of section 464.0195, Florida

353

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

361

Quality Assurance Trust Fund to the Grants and Donations Trust

362

Fund within the Department of Health Florida Center for Nursing

363

Trust Fund and shall be used solely to support and maintain the

364

goals and functions of the center.

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     Section 6. Section 464.0198, Florida Statutes, is repealed.

366

     Section 7.  Subsection (3) of section 794.055, Florida

367

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

370

nonprofit association. The statewide nonprofit association shall

371

receive 95 percent of the moneys appropriated from the Rape

372

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

376

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

378

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

380

may be used by the department for administrative costs.

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     (c)  The department shall ensure that funds allocated under

382

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

383

requirements of this section. The department may require an

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annual audit of the expenditures and shall provide a report to

385

the Legislature by February 1 of each year.

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