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