HB 5009

1	A bill to be entitled
2	An act relating to trust funds; re-creating the Tobacco
3	Settlement Trust Fund within the Agency for Persons with
4	Disabilities; carrying forward current balances and
5	continuing current sources and uses thereof; amending s.
6	20.1971, F.S.; revising a condition with respect to the
7	reversion of specified unencumbered balances; removing the
8	scheduled termination of the trust fund; providing an
9	effective date.
10
11	WHEREAS, the Legislature wishes to extend the life of the
12	Tobacco Settlement Trust Fund within the Agency for Persons with
13	Disabilities, which is otherwise scheduled to be terminated
14	pursuant to constitutional mandate, and
15	WHEREAS, the Legislature has reviewed the trust fund before
16	its scheduled termination date and has found that it continues
17	to meet an important public purpose, and
18	WHEREAS, the Legislature has found that existing public
19	policy concerning the trust fund sets adequate parameters for
20	its use, NOW, THEREFORE,
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  (1)  The Tobacco Settlement Trust Fund within
25	the Agency for Persons with Disabilities, FLAIR number 67-2-122,
26	which is to be terminated pursuant to Section 19(f), Article III
27	of the State Constitution on July 1, 2009, is re-created.
28	(2)  All current balances of the trust fund are carried
29	forward, and all current sources and uses of the trust fund are
30	continued.
31	Section 2.  Section 20.1971, Florida Statutes, is amended
32	to read:
33	20.1971  Agency for Persons with Disabilities; trust
34	funds.--The following trust funds are created and shall be
35	administered by the Agency for Persons with Disabilities:
36	(1)  The Administrative Trust Fund.
37	(a)  Funds to be credited to the trust fund shall consist
38	of federal matching funds provided for the administration of
39	Medicaid services. Funds shall be used for the purpose of
40	supporting the agency's administration of Medicaid programs and
41	for other such purposes as may be appropriate and shall be
42	expended only pursuant to legislative appropriation or an
43	approved amendment to the agency's operating budget pursuant to
44	the provisions of chapter 216.
45	(b)  Notwithstanding the provisions of s. 216.301 and
46	pursuant to s. 216.351, any balance in the trust fund at the end
47	of any fiscal year shall remain in the trust fund at the end of
48	the year and shall be available for carrying out the purposes of
49	the trust fund.
50	(c)  In accordance with s. 19(f)(2), Art. III of the State
51	Constitution, the Administrative Trust Fund shall, unless
52	terminated earlier, be terminated on July 1, 2009. Before its
53	scheduled termination, the trust fund shall be reviewed as
54	provided in s. 215.3206(1) and (2).
55	(2)  The Operations and Maintenance Trust Fund.
56	(a)  Funds to be credited to the trust fund shall consist
57	of receipts from third-party payors of health care services such
58	as Medicaid. Funds shall be used for the purpose of providing
59	health care services to agency clients and for other such
60	purposes as may be appropriate and shall be expended only
61	pursuant to legislative appropriation or an approved amendment
62	to the agency's operating budget pursuant to the provisions of
63	chapter 216.
64	(b)  Notwithstanding the provisions of s. 216.301 and
65	pursuant to s. 216.351, any balance in the trust fund at the end
66	of any fiscal year shall remain in the trust fund at the end of
67	the year and shall be available for carrying out the purposes of
68	the trust fund.
69	(c)  In accordance with s. 19(f)(2), Art. III of the State
70	Constitution, the Operations and Maintenance Trust Fund shall,
71	unless terminated earlier, be terminated on July 1, 2009. Before
72	its scheduled termination, the trust fund shall be reviewed as
73	provided in s. 215.3206(1) and (2).
74	(3)  The Social Services Block Grant Trust Fund.
75	(a)  Funds to be credited to the trust fund shall consist
76	of federal social services block grant funds. These shall be
77	used for the purpose of providing health care and support
78	services to agency clients and for other such purposes as may be
79	appropriate and shall be expended only pursuant to legislative
80	appropriation or an approved amendment to the agency's operating
81	budget pursuant to the provisions of chapter 216.
82	(b)  Notwithstanding the provisions of s. 216.301 and
83	pursuant to s. 216.351, any balance in the trust fund at the end
84	of any fiscal year shall remain in the trust fund at the end of
85	the year and shall be available for carrying out the purposes of
86	the trust fund.
87	(c)  In accordance with s. 19(f)(2), Art. III of the State
88	Constitution, the Social Services Block Grant Trust Fund shall,
89	unless terminated earlier, be terminated on July 1, 2009. Before
90	its scheduled termination, the trust fund shall be reviewed as
91	provided in s. 215.3206(1) and (2).
92	(4)  The Tobacco Settlement Trust Fund.
93	(a)  Funds to be credited to the trust fund shall consist
94	of funds disbursed, by nonoperating transfer, from the
95	Department of Financial Services Tobacco Settlement Clearing
96	Trust Fund in amounts equal to the annual appropriations made
97	from this trust fund.
98	(b)  Notwithstanding the provisions of s. 216.301 and
99	pursuant to s. 216.351, any unencumbered balance in the trust
100	fund at the end of any fiscal year and any encumbered balance
101	remaining undisbursed on September 30 December 31 of the same
102	calendar year shall revert to the Department of Financial
103	Services Tobacco Settlement Clearing Trust Fund.
104	(c)  In accordance with s. 19(f)(2), Art. III of the State
105	Constitution, the Tobacco Settlement Trust Fund shall, unless
106	terminated earlier, be terminated on July 1, 2009. Before its
107	scheduled termination, the trust fund shall be reviewed as
108	provided in s. 215.3206(1) and (2).
109	(5)  The Federal Grants Trust Fund.
110	(a)  Funds to be credited to the trust fund shall consist
111	of receipts from federal grants. Funds shall be used for the
112	purpose of providing health care services to agency clients and
113	for other such purposes as may be appropriate and shall be
114	expended only pursuant to legislative appropriation or an
115	approved amendment to the agency's operating budget pursuant to
116	the provisions of chapter 216.
117	(b)  Notwithstanding the provisions of s. 216.301 and
118	pursuant to s. 216.351, any balance in the trust fund at the end
119	of any fiscal year shall remain in the trust fund at the end of
120	the year and shall be available for carrying out the purposes of
121	the trust fund.
122	(c)  In accordance with s. 19(f)(2), Art. III of the State
123	Constitution, the Federal Grants Trust Fund shall, unless
124	terminated earlier, be terminated on July 1, 2009. Before its
125	scheduled termination, the trust fund shall be reviewed as
126	provided in s. 215.3206(1) and (2).
127	Section 3.  This act shall take effect July 1, 2008.

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