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A bill to be entitled

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An act relating to trust funds; terminating specified

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trust funds within the Department of Community Affairs;

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providing for disposition of balances in and revenues of

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such trust funds; prescribing procedures for the

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termination of such trust funds; amending s. 420.36, F.S.;

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redesignating the Energy Consumption Trust Fund within the

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Department of Community Affairs as the Federal Grants

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Trust Fund; providing a contingent 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 following trust funds within the

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Department of Community Affairs are terminated:

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     (a) The Energy Consumption Trust Fund, FLAIR number 52-2-

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174;

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     (b) The Low Income Home Energy Assistance Trust Fund, FLAIR

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number 52-2-451; and

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     (c) The Federal Emergency Management Program Support Trust

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Fund, FLAIR number 52-2-525.

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     (2) All current balances remaining in the trust funds on

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the date of termination shall be transferred to the Federal

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Grants Trust Fund within the Department of Community Affairs.

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     (3) The Department of Community Affairs shall pay any

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outstanding debts and obligations of the terminated funds as soon

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as practicable, and the Chief Financial Officer shall close out

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and remove the terminated funds from 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.  Subsection (4) of section 420.36, Florida

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Statutes, is amended to read:

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     420.36  Low-income Emergency Home Repair Program.--There is

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established within the Department of Community Affairs the Low-

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income Emergency Home Repair Program to assist low-income

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persons, especially the elderly and physically disabled, in

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making emergency repairs which directly affect their health and

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safety.

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     (4)(a)  Funds appropriated to the department for the program

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shall be deposited in the Federal Grants Energy Consumption Trust

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Fund. Administrative and personnel costs incurred by the

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department in implementing the provisions of this section may be

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paid from the fund.

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     (b)  The grantee may subgrant these funds to a subgrantee if

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the grantee is unable to serve all of the county or the target

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population. Grantee and subgrantee eligibility shall be

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determined by the department.

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     (c)  Funds shall be distributed to grantees and subgrantees

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as follows:

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     1.  For each county, a base amount of at least $3,000 shall

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be set aside from the total funds available, and such amount

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shall be deducted from the total amount appropriated by the

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Legislature.

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     2.  The balance of the funds appropriated by the Legislature

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shall be divided by the total poverty population of the state,

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and this quotient shall be multiplied by each county's share of

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the poverty population. That amount plus the base of at least

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$3,000 shall constitute each county's share. A grantee which

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serves more than one county shall receive the base amount plus

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the poverty population share for each county to be served.

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Contracts with grantees may be renewed annually.

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     3.  The funds allocated to each county shall be offered

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first to an existing weatherization assistance program grantee in

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good standing, as determined by the department, that can provide

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services to the target population of low-income persons, low-

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income elderly persons, and low-income physically disabled

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persons throughout the county.

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     4.  If a weatherization assistance program grantee is not

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available to serve the entire county area, the funds shall be

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distributed through the following process:

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     a.  An announcement of funding availability shall be

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provided to the county. The county may elect to administer the

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program.

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     b.  If the county elects not to administer the program, the

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department shall establish rules to address the selection of one

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or more public or private not-for-profit agencies that are

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experienced in weatherization, rehabilitation, or emergency

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repair to administer the program.

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     5.  If no eligible agency agrees to serve a county, the

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funds for that county shall be distributed to grantees having the

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best performance record as determined by department rule. At the

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end of the contract year, any uncontracted or unexpended funds

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shall be returned to the Federal Grants Energy Consumption Trust

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Fund and reallocated under the next year's contracting cycle.

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     Section 3.  This act shall take effect July 1, 2009, if the

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Federal Grants Trust Fund is created within the Department of

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Community Affairs.