HB 5007

1	A bill to be entitled
2	An act relating to trust funds; re-creating the
3	Administrative Trust Fund within the Agency for Persons
4	with Disabilities without modification; carrying forward
5	current balances and continuing current sources and uses
6	thereof; amending s. 20.1971, F.S.; removing the scheduled
7	termination of the trust fund; providing an effective
8	date.
9
10	WHEREAS, the Legislature wishes to extend the life of the
11	Administrative Trust Fund within the Agency for Persons with
12	Disabilities, which is otherwise scheduled to be terminated
13	pursuant to constitutional mandate, and
14	WHEREAS, the Legislature has reviewed the trust fund before
15	its scheduled termination date and has found that it continues
16	to meet an important public purpose, and
17	WHEREAS, the Legislature has found that existing public
18	policy concerning the trust fund sets adequate parameters for
19	its use, NOW, THEREFORE,
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  (1)  The Administrative Trust Fund within the
24	Agency for Persons with Disabilities, FLAIR number 67-2-021,
25	which is to be terminated pursuant to Section 19(f), Article III
26	of the State Constitution on July 1, 2009, is re-created.
27	(2)  All current balances of the trust fund are carried
28	forward, and all current sources and uses of the trust fund are
29	continued.
30	Section 2.  Section 20.1971, Florida Statutes, is amended
31	to read:
32	20.1971  Agency for Persons with Disabilities; trust
33	funds.--The following trust funds are created and shall be
34	administered by the Agency for Persons with Disabilities:
35	(1)  The Administrative Trust Fund.
36	(a)  Funds to be credited to the trust fund shall consist
37	of federal matching funds provided for the administration of
38	Medicaid services. Funds shall be used for the purpose of
39	supporting the agency's administration of Medicaid programs and
40	for other such purposes as may be appropriate and shall be
41	expended only pursuant to legislative appropriation or an
42	approved amendment to the agency's operating budget pursuant to
43	the provisions of chapter 216.
44	(b)  Notwithstanding the provisions of s. 216.301 and
45	pursuant to s. 216.351, any balance in the trust fund at the end
46	of any fiscal year shall remain in the trust fund at the end of
47	the year and shall be available for carrying out the purposes of
48	the trust fund.
49	(c)  In accordance with s. 19(f)(2), Art. III of the State
50	Constitution, the Administrative Trust Fund shall, unless
51	terminated earlier, be terminated on July 1, 2009. Before its
52	scheduled termination, the trust fund shall be reviewed as
53	provided in s. 215.3206(1) and (2).
54	(2)  The Operations and Maintenance Trust Fund.
55	(a)  Funds to be credited to the trust fund shall consist
56	of receipts from third-party payors of health care services such
57	as Medicaid. Funds shall be used for the purpose of providing
58	health care services to agency clients and for other such
59	purposes as may be appropriate and shall be expended only
60	pursuant to legislative appropriation or an approved amendment
61	to the agency's operating budget pursuant to the provisions of
62	chapter 216.
63	(b)  Notwithstanding the provisions of s. 216.301 and
64	pursuant to s. 216.351, any balance in the trust fund at the end
65	of any fiscal year shall remain in the trust fund at the end of
66	the year and shall be available for carrying out the purposes of
67	the trust fund.
68	(c)  In accordance with s. 19(f)(2), Art. III of the State
69	Constitution, the Operations and Maintenance Trust Fund shall,
70	unless terminated earlier, be terminated on July 1, 2009. Before
71	its scheduled termination, the trust fund shall be reviewed as
72	provided in s. 215.3206(1) and (2).
73	(3)  The Social Services Block Grant Trust Fund.
74	(a)  Funds to be credited to the trust fund shall consist
75	of federal social services block grant funds. These shall be
76	used for the purpose of providing health care and support
77	services to agency clients and for other such purposes as may be
78	appropriate and shall be expended only pursuant to legislative
79	appropriation or an approved amendment to the agency's operating
80	budget pursuant to the provisions of chapter 216.
81	(b)  Notwithstanding the provisions of s. 216.301 and
82	pursuant to s. 216.351, any balance in the trust fund at the end
83	of any fiscal year shall remain in the trust fund at the end of
84	the year and shall be available for carrying out the purposes of
85	the trust fund.
86	(c)  In accordance with s. 19(f)(2), Art. III of the State
87	Constitution, the Social Services Block Grant Trust Fund shall,
88	unless terminated earlier, be terminated on July 1, 2009. Before
89	its scheduled termination, the trust fund shall be reviewed as
90	provided in s. 215.3206(1) and (2).
91	(4)  The Tobacco Settlement Trust Fund.
92	(a)  Funds to be credited to the trust fund shall consist
93	of funds disbursed, by nonoperating transfer, from the
94	Department of Financial Services Tobacco Settlement Clearing
95	Trust Fund in amounts equal to the annual appropriations made
96	from this trust fund.
97	(b)  Notwithstanding the provisions of s. 216.301 and
98	pursuant to s. 216.351, any unencumbered balance in the trust
99	fund at the end of any fiscal year and any encumbered balance
100	remaining undisbursed on December 31 of the same calendar year
101	shall revert to the Department of Financial Services Tobacco
102	Settlement Clearing Trust Fund.
103	(c)  In accordance with s. 19(f)(2), Art. III of the State
104	Constitution, the Tobacco Settlement Trust Fund shall, unless
105	terminated earlier, be terminated on July 1, 2009. Before its
106	scheduled termination, the trust fund shall be reviewed as
107	provided in s. 215.3206(1) and (2).
108	(5)  The Federal Grants Trust Fund.
109	(a)  Funds to be credited to the trust fund shall consist
110	of receipts from federal grants. Funds shall be used for the
111	purpose of providing health care services to agency clients and
112	for other such purposes as may be appropriate and shall be
113	expended only pursuant to legislative appropriation or an
114	approved amendment to the agency's operating budget pursuant to
115	the provisions of chapter 216.
116	(b)  Notwithstanding the provisions of s. 216.301 and
117	pursuant to s. 216.351, any balance in the trust fund at the end
118	of any fiscal year shall remain in the trust fund at the end of
119	the year and shall be available for carrying out the purposes of
120	the trust fund.
121	(c)  In accordance with s. 19(f)(2), Art. III of the State
122	Constitution, the Federal Grants Trust Fund shall, unless
123	terminated earlier, be terminated on July 1, 2009. Before its
124	scheduled termination, the trust fund shall be reviewed as
125	provided in s. 215.3206(1) and (2).
126	Section 3.  This act shall take effect July 1, 2008.

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