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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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Elderly Affairs; creating s. 20.415, F.S.; providing for

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the administration of the Administrative Trust Fund, the

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Tobacco Settlement Trust Fund, the Federal Grants Trust

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Fund, the Grants and Donations Trust Fund, and the

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Operations and Maintenance Trust Fund by the department;

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providing for sources of funds and purposes; providing for

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annual carryforward of funds; providing for reversion of

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funds in the Tobacco Settlement Trust Fund; providing for

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certification of undisbursed obligated general revenue

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appropriation balances in the Grants and Donations Trust

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Fund for a specified period of time; repealing s. 430.41,

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F.S., which creates the Grants and Donations Trust Fund,

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to conform; repealing s. 430.42, F.S., which creates the

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Department of Elderly Affairs Tobacco Settlement Trust

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Fund, to conform; 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.  Section 20.415, Florida Statutes, is created to

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read:

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     20.415 Department of Elderly Affairs; trust funds.--The

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following trust funds shall be administered by the Department of

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Elderly Affairs:

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     (1) Administrative Trust Fund.

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

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shall be administered in accordance with ss. 215.32, 744.534, and

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744.7021.

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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) Tobacco Settlement Trust Fund.

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

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funds disbursed, by nonoperating transfer, from the Department of

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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) 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 of the same calendar year

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shall revert to the Department of Financial Services Tobacco

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Settlement Clearing Trust Fund.

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     (3) Federal Grants Trust Fund.

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

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shall be administered in accordance with s. 215.32.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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

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

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the trust fund.

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     (4) Grants and Donations Trust Fund.

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     (a) Funds to be credited to the trust fund shall include

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all public and private grants and donations to the department,

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except for grants provided by the Federal Government and other

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earnings that are deposited into the Operations and Maintenance

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Trust Fund of the department. Funds from the Grants and Donations

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Trust Fund shall be used to fulfill agreements made with grantors

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and contributors and such other 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 chapter 216.

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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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     (c) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance of any general revenue

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appropriation to the Grants and Donations Trust Fund that is not

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disbursed but that is obligated pursuant to contract or committed

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to be expended may be certified by the Governor for up to 3 years

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following the effective date of the original appropriation.

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     (5) Operations and Maintenance Trust Fund.

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

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shall be administered in accordance with s. 215.32.

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     (b) Notwithstanding the provisions of s. 216.301 and

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pursuant to s. 216.351, any balance in the trust fund at the end

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

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

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the trust fund.

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     Section 2. Sections 430.41 and 430.42, Florida Statutes,

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are repealed.

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     Section 3.  This act shall take effect July 1, 2008.