HB 5021

1
A bill to be entitled
2An act relating to trust funds of the Department of
3Elderly Affairs; creating s. 20.415, F.S.; providing for
4the administration of the Administrative Trust Fund, the
5Tobacco Settlement Trust Fund, the Federal Grants Trust
6Fund, the Grants and Donations Trust Fund, and the
7Operations and Maintenance Trust Fund by the department;
8providing for sources of funds and purposes; providing for
9annual carryforward of funds; providing for reversion of
10funds in the Tobacco Settlement Trust Fund; providing for
11certification of undisbursed obligated general revenue
12appropriation balances in the Grants and Donations Trust
13Fund for a specified period of time; repealing s. 430.41,
14F.S., which creates the Grants and Donations Trust Fund,
15to conform; repealing s. 430.42, F.S., which creates the
16Department of Elderly Affairs Tobacco Settlement Trust
17Fund, to conform; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 20.415, Florida Statutes, is created to
22read:
23     20.415  Department of Elderly Affairs; trust funds.--The
24following trust funds shall be administered by the Department of
25Elderly Affairs:
26     (1)  Administrative Trust Fund.
27     (a)  Funds to be credited to and uses of the trust fund
28shall be administered in accordance with ss. 215.32, 744.534,
29and 744.7021.
30     (b)  Notwithstanding the provisions of s. 216.301 and
31pursuant to s. 216.351, any balance in the trust fund at the end
32of any fiscal year shall remain in the trust fund at the end of
33the year and shall be available for carrying out the purposes of
34the trust fund.
35     (2)  Tobacco Settlement Trust Fund.
36     (a)  Funds to be credited to the trust fund shall consist
37of funds disbursed, by nonoperating transfer, from the
38Department of Financial Services Tobacco Settlement Clearing
39Trust Fund in amounts equal to the annual appropriations made
40from this trust fund.
41     (b)  Notwithstanding the provisions of s. 216.301 and
42pursuant to s. 216.351, any unencumbered balance in the trust
43fund at the end of any fiscal year and any encumbered balance
44remaining undisbursed on September 30 of the same calendar year
45shall revert to the Department of Financial Services Tobacco
46Settlement Clearing Trust Fund.
47     (3)  Federal Grants Trust Fund.
48     (a)  Funds to be credited to and uses of the trust fund
49shall be administered in accordance with s. 215.32.
50     (b)  Notwithstanding the provisions of s. 216.301 and
51pursuant to s. 216.351, any balance in the trust fund at the end
52of any fiscal year shall remain in the trust fund at the end of
53the year and shall be available for carrying out the purposes of
54the trust fund.
55     (4)  Grants and Donations Trust Fund.
56     (a)  Funds to be credited to the trust fund shall include
57all public and private grants and donations to the department,
58except for grants provided by the Federal Government and other
59earnings that are deposited into the Operations and Maintenance
60Trust Fund of the department. Funds from the Grants and
61Donations Trust Fund shall be used to fulfill agreements made
62with grantors and contributors and such other purposes as may be
63appropriate and shall be expended only pursuant to legislative
64appropriation or an approved amendment to the department's
65operating budget pursuant to chapter 216.
66     (b)  Notwithstanding the provisions of s. 216.301 and
67pursuant to s. 216.351, any balance in the trust fund at the end
68of any fiscal year shall remain in the trust fund at the end of
69the year and shall be available for carrying out the purposes of
70the trust fund.
71     (c)  Notwithstanding the provisions of s. 216.301 and
72pursuant to s. 216.351, any balance of any general revenue
73appropriation to the Grants and Donations Trust Fund that is not
74disbursed but that is obligated pursuant to contract or
75committed to be expended may be certified by the Governor for up
76to 3 years following the effective date of the original
77appropriation.
78     (5)  Operations and Maintenance Trust Fund.
79     (a)  Funds to be credited to and uses of the trust fund
80shall be administered in accordance with s. 215.32.
81     (b)  Notwithstanding the provisions of s. 216.301 and
82pursuant to s. 216.351, any balance in the trust fund at the end
83of any fiscal year shall remain in the trust fund at the end of
84the year and shall be available for carrying out the purposes of
85the trust fund.
86     Section 2.  Sections 430.41 and 430.42, Florida Statutes,
87are repealed.
88     Section 3.  This act shall take effect July 1, 2008.


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