HB 5019

1
A bill to be entitled
2An act relating to trust funds of the Department of
3Children and Family Services; terminating the Child
4Advocacy Trust Fund and the Refugee Assistance Trust Fund;
5providing for the disposition of balances in and revenues
6of the trust funds; prescribing procedures for the
7termination of the trust funds; amending s. 17.61, F.S.,
8to conform; amending s. 20.195, F.S.; providing for the
9administration of the Administrative Trust Fund, the
10Alcohol, Drug Abuse, and Mental Health Trust Fund, the
11Child Welfare Training Trust Fund, the Domestic Violence
12Trust Fund, the Federal Grants Trust Fund, the Grants and
13Donations Trust Fund, the Operations and Maintenance Trust
14Fund, the Social Services Block Grant Trust Fund, the
15Welfare Transition Trust Fund, and the Working Capital
16Trust Fund by the Department of Children and Family
17Services; providing for sources of funds and purposes;
18providing for annual carryforward of funds; revising the
19date for reversion of specified balances in the Tobacco
20Settlement Trust Fund; amending s. 39.3035, F.S.;
21providing for the appropriation of funds to the Department
22of Children and Family Services for the specific purpose
23of funding children's advocacy centers; providing for
24sources of funds and purposes thereof; specifying the use
25of collected funds; requiring the development of funding
26criteria and an allocation methodology for distributing
27such funds; requiring annual reports; requiring an annual
28report to the Legislature; repealing s. 39.30351, F.S.;
29eliminating the Child Advocacy Trust Fund to conform to
30the termination of the fund by this act; amending s.
31215.22, F.S.; exempting specified funds disbursed to the
32Florida Network of Children's Advocacy Centers, Inc., from
33the service charge imposed on income of a revenue nature
34deposited in trust funds; amending s. 895.09, F.S.;
35eliminating the deposit of specified funds obtained in
36forfeiture proceedings under the Florida RICO Act within
37the Substance Abuse Trust Fund of the department; amending
38s. 938.10, F.S.; providing for deposit of proceeds derived
39from additional court costs imposed in cases of certain
40crimes against minors into the Grants and Donations Trust
41Fund of the department for the purpose of funding
42children's advocacy centers; removing obsolete language;
43removing reporting requirements; providing an effective
44date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  (1)  The Child Advocacy Trust Fund within the
49Department of Children and Family Services, FLAIR number 60-2-
50128, is terminated.
51     (2)  All current balances remaining in, and all revenues
52of, the trust fund shall be transferred to the Grants and
53Donations Trust Fund within the Department of Children and
54Family Services, FLAIR number 60-2-339.
55     (3)  The Department of Children and Family Services shall
56pay any outstanding debts and obligations of the terminated fund
57as soon as practicable, and the Chief Financial Officer shall
58close out and remove the terminated fund from the various state
59accounting systems using generally accepted accounting
60principles concerning warrants outstanding, assets, and
61liabilities.
62     Section 2.  (1)  The Refugee Assistance Trust Fund within
63the Department of Children and Family Services, FLAIR number 60-
642-579, is terminated.
65     (2)  All current balances remaining in, and all revenues
66of, the trust fund shall be transferred to the Federal Grants
67Trust Fund within the Department of Children and Family
68Services, FLAIR number 60-2-261.
69     (3)  The Department of Children and Family Services shall
70pay any outstanding debts and obligations of the terminated fund
71as soon as practicable, and the Chief Financial Officer shall
72close out and remove the terminated fund from the various state
73accounting systems using generally accepted accounting
74principles concerning warrants outstanding, assets, and
75liabilities.
76     Section 3.  Paragraph (c) of subsection (3) of section
7717.61, Florida Statutes, is amended to read:
78     17.61  Chief Financial Officer; powers and duties in the
79investment of certain funds.--
80     (3)
81     (c)  Except as provided in this paragraph and except for
82moneys described in paragraph (d), the following agencies shall
83not invest trust fund moneys as provided in this section, but
84shall retain such moneys in their respective trust funds for
85investment, with interest appropriated to the General Revenue
86Fund, pursuant to s. 17.57:
87     1.  The Agency for Health Care Administration, except for
88the Tobacco Settlement Trust Fund.
89     2.  The Agency for Persons with Disabilities, except for:
90     a.  The Federal Grants Trust Fund.
91     b.  The Tobacco Settlement Trust Fund.
92     3.  The Department of Children and Family Services, except
93for:
94     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
95     b.  The Refugee Assistance Trust Fund.
96     b.c.  The Social Services Block Grant Trust Fund.
97     c.d.  The Tobacco Settlement Trust Fund.
98     d.e.  The Working Capital Trust Fund.
99     4.  The Department of Community Affairs, only for the
100Operating Trust Fund.
101     5.  The Department of Corrections.
102     6.  The Department of Elderly Affairs, except for:
103     a.  The Federal Grants Trust Fund.
104     b.  The Tobacco Settlement Trust Fund.
105     7.  The Department of Health, except for:
106     a.  The Federal Grants Trust Fund.
107     b.  The Grants and Donations Trust Fund.
108     c.  The Maternal and Child Health Block Grant Trust Fund.
109     d.  The Tobacco Settlement Trust Fund.
110     8.  The Department of Highway Safety and Motor Vehicles,
111only for:
112     a.  The DUI Programs Coordination Trust Fund.
113     b.  The Security Deposits Trust Fund.
114     9.  The Department of Juvenile Justice.
115     10.  The Department of Law Enforcement.
116     11.  The Department of Legal Affairs.
117     12.  The Department of State, only for:
118     a.  The Grants and Donations Trust Fund.
119     b.  The Records Management Trust Fund.
120     13.  The Executive Office of the Governor, only for:
121     a.  The Economic Development Transportation Trust Fund.
122     b.  The Economic Development Trust Fund.
123     14.  The Florida Public Service Commission, only for the
124Florida Public Service Regulatory Trust Fund.
125     15.  The Justice Administrative Commission.
126     16.  The state courts system.
127     Section 4.  Section 20.195, Florida Statutes, is amended to
128read:
129     20.195  Department of Children and Family Services; trust
130funds Tobacco Settlement Trust Fund.--The following trust funds
131shall be administered by the Department of Children and Family
132Services:
133     (1)  Administrative Trust Fund.
134     (a)  Funds to be credited to and uses of the trust fund
135shall be administered in accordance with the provisions of s.
136215.32.
137     (b)  Notwithstanding the provisions of s. 216.301 and
138pursuant to s. 216.351, any balance in the trust fund at the end
139of any fiscal year shall remain in the trust fund at the end of
140the year and shall be available for carrying out the purposes of
141the trust fund.
142     (2)  Alcohol, Drug Abuse, and Mental Health Trust Fund.
143     (a)  Funds to be credited to the trust fund shall consist
144of federal mental health or substance abuse block grant funds,
145and shall be used for the purpose of providing mental health or
146substance abuse treatment and support services to department
147clients and for other such purposes as may be appropriate.
148     (b)  Notwithstanding the provisions of s. 216.301 and
149pursuant to s. 216.351, any balance in the trust fund at the end
150of any fiscal year shall remain in the trust fund at the end of
151the year and shall be available for carrying out the purposes of
152the trust fund.
153     (3)  Child Welfare Training Trust Fund.
154     (a)  Funds to be credited to and uses of the trust fund
155shall be administered in accordance with the provisions of s.
156402.40.
157     (b)  Notwithstanding the provisions of s. 216.301 and
158pursuant to s. 216.351, any balance in the trust fund at the end
159of any fiscal year shall remain in the trust fund at the end of
160the year and shall be available for carrying out the purposes of
161the trust fund.
162     (4)  Domestic Violence Trust Fund.
163     (a)  Funds to be credited to and uses of the trust fund
164shall be administered in accordance with the provisions of s.
16528.101, part XIII of chapter 39, and chapter 741.
166     (b)  Notwithstanding the provisions of s. 216.301 and
167pursuant to s. 216.351, any balance in the trust fund at the end
168of any fiscal year shall remain in the trust fund at the end of
169the year and shall be available for carrying out the purposes of
170the trust fund.
171     (5)  Federal Grants Trust Fund.
172     (a)  Funds to be credited to and uses of the trust fund
173shall be administered in accordance with the provisions of s.
174215.32.
175     (b)  Notwithstanding the provisions of s. 216.301 and
176pursuant to s. 216.351, any balance in the trust fund at the end
177of any fiscal year shall remain in the trust fund at the end of
178the year and shall be available for carrying out the purposes of
179the trust fund.
180     (6)  Grants and Donations Trust Fund.
181     (a)  Funds to be credited to and uses of the trust fund
182shall be administered in accordance with the provisions of s.
183215.32.
184     (b)  Notwithstanding the provisions of s. 216.301 and
185pursuant to s. 216.351, any balance in the trust fund at the end
186of any fiscal year shall remain in the trust fund at the end of
187the year and shall be available for carrying out the purposes of
188the trust fund.
189     (7)  Operations and Maintenance Trust Fund.
190     (a)  Funds to be credited to and uses of the trust fund
191shall be administered in accordance with the provisions of s.
192215.32.
193     (b)  Notwithstanding the provisions of s. 216.301 and
194pursuant to s. 216.351, any balance in the trust fund at the end
195of any fiscal year shall remain in the trust fund at the end of
196the year and shall be available for carrying out the purposes of
197the trust fund.
198     (8)  Social Services Block Grant Trust Fund.
199     (a)  Funds to be credited to the trust fund shall consist
200of federal social services block grant funds, and shall be used
201for the purpose of providing health care and support services to
202department clients and for other such purposes as may be
203appropriate.
204     (b)  Notwithstanding the provisions of s. 216.301 and
205pursuant to s. 216.351, any balance in the trust fund at the end
206of any fiscal year shall remain in the trust fund at the end of
207the year and shall be available for carrying out the purposes of
208the trust fund.
209     (9)  Tobacco Settlement Trust Fund.
210     (a)  The Department of Children and Family Services Tobacco
211Settlement Trust Fund is created within that department. Funds
212to be credited to the trust fund shall consist of funds
213disbursed, by nonoperating transfer, from the Department of
214Financial Services Tobacco Settlement Clearing Trust Fund in
215amounts equal to the annual appropriations made from this trust
216fund.
217     (b)(2)  Notwithstanding the provisions of s. 216.301 and
218pursuant to s. 216.351, any unencumbered balance in the trust
219fund at the end of any fiscal year and any encumbered balance
220remaining undisbursed on September 30 December 31 of the same
221calendar year shall revert to the Department of Financial
222Services Tobacco Settlement Clearing Trust Fund.
223     (10)  Welfare Transition Trust Fund.
224     (a)  Funds to be credited to and uses of the trust funds
225shall be administered in accordance with the provisions of s.
22620.506.
227     (b)  Notwithstanding the provisions of s. 216.301 and
228pursuant to s. 216.351, any balance in the trust fund at the end
229of any fiscal year shall remain in the trust fund at the end of
230the year and shall be available for carrying out the purposes of
231the trust fund.
232     (11)  Working Capital Trust Fund.
233     (a)  Funds to be credited to and uses of the trust fund
234shall be administered in accordance with the provisions of s.
235215.32.
236     (b)  Notwithstanding the provisions of s. 216.301 and
237pursuant to s. 216.351, any balance in the trust fund at the end
238of any fiscal year shall remain in the trust fund at the end of
239the year and shall be available for carrying out the purposes of
240the trust fund.
241     Section 5.  Subsection (3) of section 39.3035, Florida
242Statutes, is amended to read:
243     39.3035  Child advocacy centers; standards; state
244funding.--
245     (3)  A child advocacy center within this state may not
246receive the funds generated pursuant to s. 938.10, state or
247federal funds administered by a state agency, or any other funds
248appropriated by the Legislature unless all of the standards of
249subsection (1) are met and the screening requirement of
250subsection (2) is met. The Florida Network of Children's
251Advocacy Centers, Inc., shall be responsible for tracking and
252documenting compliance with subsections (1) and (2) for any of
253the funds it administers to member child advocacy centers.
254     (a)  Funds for the specific purpose of funding children's
255advocacy centers shall be appropriated to the Department of
256Children and Family Services from funds collected from the
257additional court cost imposed in cases of certain crimes against
258minors under s. 938.10. Funds shall be disbursed to the Florida
259Network of Children's Advocacy Centers, Inc., as established
260under this section, for the purpose of providing community-based
261services that augment, but do not duplicate, services provided
262by state agencies.
263     (b)  The board of directors of the Florida Network of
264Children's Advocacy Centers, Inc., shall retain 10 percent of
265all revenues collected to be used to match local contributions,
266at a rate not to exceed an equal match, in communities
267establishing children's advocacy centers. The board of directors
268may use up to 5 percent of the remaining funds to support the
269activities of the network office and must develop funding
270criteria and an allocation methodology that ensures an equitable
271distribution of remaining funds among network participants. The
272criteria and methodologies must take into account factors that
273include, but need not be limited to, the center's accreditation
274status with respect to the National Children's Alliance, the
275number of clients served, and the population of the area being
276served by the children's advocacy center.
277     (c)  At the end of each fiscal year, each children's
278advocacy center receiving revenue as provided in this section
279must provide a report to the board of directors of the Florida
280Network of Children's Advocacy Centers, Inc., which reflects
281center expenditures, all sources of revenue received, and
282outputs that have been standardized and agreed upon by network
283members and the board of directors, such as the number of
284clients served, client demographic information, and number and
285types of services provided. The Florida Network of Children's
286Advocacy Centers, Inc., must compile reports from the centers
287and provide a report to the President of the Senate and the
288Speaker of the House of Representatives in August of each year
289beginning in 2005.
290     Section 6.  Section 39.30351, Florida Statutes, is
291repealed.
292     Section 7.  Paragraph (w) is added to subsection (1) of
293section 215.22, Florida Statutes, to read:
294     215.22  Certain income and certain trust funds exempt.--
295     (1)  The following income of a revenue nature or the
296following trust funds shall be exempt from the appropriation
297required by s. 215.20(1):
298     (w)  That portion of the fines to be disbursed to the
299Florida Network of Children's Advocacy Centers, Inc., collected
300pursuant to s. 938.10.
301     Section 8.  Paragraphs (a), (d), and (e) of subsection (2)
302of section 895.09, Florida Statutes, are amended to read:
303     895.09  Disposition of funds obtained through forfeiture
304proceedings.--
305     (2)(a)  Following satisfaction of all valid claims under
306subsection (1), 25 percent of the remainder of the funds
307obtained in the forfeiture proceedings pursuant to s. 895.05
308shall be deposited as provided in paragraph (b) into the
309appropriate trust fund of the Department of Legal Affairs or
310state attorney's office which filed the civil forfeiture action;
31125 percent shall be deposited as provided in paragraph (c) into
312the applicable law enforcement trust fund of the investigating
313law enforcement agency conducting the investigation which
314resulted in or significantly contributed to the forfeiture of
315the property; 25 percent shall be deposited in the General
316Revenue Fund as provided in paragraph (d) in the Substance Abuse
317Trust Fund of the Department of Children and Family Services;
318and the remaining 25 percent shall be deposited in the Internal
319Improvement Trust Fund of the Department of Environmental
320Protection. When a forfeiture action is filed by the Department
321of Legal Affairs or a state attorney, the court entering the
322judgment of forfeiture shall, taking into account the overall
323effort and contribution to the investigation and forfeiture
324action by the agencies that filed the action, make a pro rata
325apportionment among such agencies of the funds available for
326distribution to the agencies filing the action as provided in
327this section. If multiple investigating law enforcement agencies
328have contributed to the forfeiture of the property, the court
329which entered the judgment of forfeiture shall, taking into
330account the overall effort and contribution of the agencies to
331the investigation and forfeiture action, make a pro rata
332apportionment among such investigating law enforcement agencies
333of the funds available for distribution to the investigating
334agencies as provided in this section.
335     (d)  The Department of Children and Family Services shall,
336in accordance with chapter 397, distribute funds obtained by it
337pursuant to paragraph (a) to public and private nonprofit
338organizations licensed by the department to provide substance
339abuse treatment and rehabilitation centers or substance abuse
340prevention and youth orientation programs in the service
341district in which the final order of forfeiture is entered by
342the court.
343     (d)(e)  On a quarterly basis, any excess funds from
344forfeited property receipts, including interest, over $1 million
345deposited in the Internal Improvement Trust Fund of the
346Department of Environmental Protection in accordance with
347paragraph (a) shall be deposited in the General Revenue Fund
348Substance Abuse Trust Fund of the Department of Children and
349Family Services.
350     Section 9.  Subsections (2) and (3) of section n 938.10,
351Florida Statutes, are amended to read:
352     938.10  Additional court cost imposed in cases of certain
353crimes against minors.--
354     (2)  Each month the clerk of the court shall transfer the
355proceeds of the court cost, less $1 from each sum collected
356which the clerk shall retain as a service charge, to the
357Department of Revenue for deposit into the Department of
358Children and Family Services' Grants and Donations Child
359Advocacy Trust Fund for disbursement to the Florida Network of
360Children's Advocacy Centers, Inc., for the purpose of funding
361children's advocacy centers that are members of the network. If
362the Child Advocacy Trust Fund is not created by law within the
363Department of Children and Family Services, the clerk of the
364court shall transfer the proceeds to the Department of Revenue
365for deposit into the Department of Children and Family Services'
366Grants and Donations Trust Fund for disbursement to the Florida
367Network of Children's Advocacy Centers, Inc., for the purpose of
368funding children's advocacy centers that are members of the
369network.
370     (3)  At the end of each fiscal year, each children's
371advocacy center receiving revenue as provided in this section
372must provide a report to the board of directors of the Florida
373Network of Children's Advocacy Centers, Inc., which reflects
374center expenditures, all sources of revenue received, and
375outputs that have been standardized and agreed upon by network
376members and the board of directors, such as the number of
377clients served, client demographic information, and number and
378types of services provided. The Florida Network of Children's
379Advocacy Centers, Inc., must compile reports from the centers
380and provide a report to the President of the Senate and the
381Speaker of the House of Representatives in August of each year
382beginning in 2005.
383     Section 10.  This act shall take effect July 1, 2008.


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