| 1 | A bill to be entitled |
| 2 | An act relating to trust funds of the Department of |
| 3 | Health; terminating the Florida Center for Nursing Trust |
| 4 | Fund within the Department of Health; providing for the |
| 5 | disposition of the balances in and revenues of the trust |
| 6 | fund; prescribing procedures for the termination of the |
| 7 | trust fund; amending s. 20.435, F.S.; removing obsolete |
| 8 | language; revising the date for reversion of specified |
| 9 | balances in the Tobacco Settlement Trust Fund; removing |
| 10 | the scheduled termination of the Welfare Transition Trust |
| 11 | Fund; providing for the administration of the Brain and |
| 12 | Spinal Cord Injury Program Trust Fund, the County Health |
| 13 | Department Trust Fund, the Donations Trust Fund, the |
| 14 | Florida Drug, Device, and Cosmetic Trust Fund, the |
| 15 | Emergency Medical Services Trust Fund, the Epilepsy |
| 16 | Services Trust Fund, the Maternal and Child Health Block |
| 17 | Grant Trust Fund, the Nursing Student Loan Forgiveness |
| 18 | Trust Fund, the Planning and Evaluation Trust Fund, the |
| 19 | Preventive Health Services Block Grant Trust Fund, the |
| 20 | Radiation Protection Trust Fund, the Rape Crisis Program |
| 21 | Trust Fund, and the United States Trust Fund by the |
| 22 | Department of Health; providing for sources of funds and |
| 23 | purposes; providing for annual carryforward of funds; |
| 24 | amending s. 215.22, F.S.; exempting voluntary |
| 25 | contributions to the Florida Center for Nursing from the |
| 26 | service charge imposed on income of a revenue nature |
| 27 | deposited in trust funds; removing reference to the |
| 28 | Florida Center for Nursing Trust Fund, to conform to the |
| 29 | termination of the fund; amending s. 215.5601, F.S.; |
| 30 | conforming a cross-reference; amending s. 464.0195, F.S., |
| 31 | to conform; repealing s. 464.0198, F.S., which creates the |
| 32 | Florida Center for Nursing Trust Fund, to conform; |
| 33 | amending s. 794.055, F.S.; specifying limits on the uses |
| 34 | of the Rape Crisis Program Trust Fund; providing an |
| 35 | effective date. |
| 36 |
|
| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
|
| 39 | Section 1. (1) The Florida Center for Nursing Trust Fund, |
| 40 | FLAIR number 64-2-283, within the Department of Health is |
| 41 | terminated. |
| 42 | (2) All current balances remaining in, and all revenues |
| 43 | of, the trust fund shall be transferred to the Grants and |
| 44 | Donations Trust Fund within the Department of Health, FLAIR |
| 45 | number 64-2-339. |
| 46 | (3) The Department of Health shall pay any outstanding |
| 47 | debts and obligations of the terminated fund as soon as |
| 48 | practicable, and the Chief Financial Officer shall close out and |
| 49 | remove the terminated fund from the various state accounting |
| 50 | systems using generally accepted accounting principles |
| 51 | concerning warrants outstanding, assets, and liabilities. |
| 52 | Section 2. Section 20.435, Florida Statutes, is amended to |
| 53 | read: |
| 54 | 20.435 Department of Health; trust funds.-- |
| 55 | (1) The following trust funds shall are hereby created, to |
| 56 | be administered by the Department of Health: |
| 57 | (1)(a) Administrative Trust Fund. |
| 58 | (a)1. Funds to be credited to the trust fund shall consist |
| 59 | of regulatory fees such as those pertaining to the licensing, |
| 60 | permitting, and inspection of septic tanks, food hygiene, onsite |
| 61 | sewage, Superfund compliance, solid waste management, tanning |
| 62 | facilities, mobile home and recreational vehicle park |
| 63 | inspection, other departmental regulatory and health care |
| 64 | programs, and indirect earnings from grants. Funds shall be used |
| 65 | for the purpose of supporting the regulatory activities of the |
| 66 | department and for other such purposes as may be appropriate and |
| 67 | shall be expended only pursuant to legislative appropriation or |
| 68 | an approved amendment to the department's operating budget |
| 69 | pursuant to the provisions of chapter 216. |
| 70 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 71 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 72 | of any fiscal year shall remain in the trust fund at the end of |
| 73 | the year and shall be available for carrying out the purposes of |
| 74 | the trust fund. |
| 75 | (2)(b) Federal Grants Trust Fund. |
| 76 | (a)1. Funds to be credited to the trust fund shall consist |
| 77 | of grants and funding from the Federal Government and funds from |
| 78 | the Medicaid program. Funds shall be used for the purposes of |
| 79 | providing health and support services to department clients, |
| 80 | supporting regulatory activities of the department, and funding |
| 81 | disease surveillance and for other such purposes as may be |
| 82 | appropriate and shall be expended only pursuant to legislative |
| 83 | appropriation or an approved amendment to the department's |
| 84 | operating budget pursuant to the provisions of chapter 216. |
| 85 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 86 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 87 | of any fiscal year shall remain in the trust fund at the end of |
| 88 | the year and shall be available for carrying out the purposes of |
| 89 | the trust fund. |
| 90 | (3)(c) Grants and Donations Trust Fund. |
| 91 | (a)1. Funds to be credited to the trust fund shall consist |
| 92 | of restricted contractual revenue from public or private sources |
| 93 | such as receipts from Medicaid, funds from federal environmental |
| 94 | laws such as the Safe Drinking Water Act and the Superfund, |
| 95 | funds from other health and environmental programs, and funds |
| 96 | from private sources such as foundations. Funds shall be used |
| 97 | for the purpose of supporting the activities of the department |
| 98 | and shall be expended only pursuant to legislative appropriation |
| 99 | or an approved amendment to the department's operating budget |
| 100 | pursuant to the provisions of chapter 216. |
| 101 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 102 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 103 | of any fiscal year shall remain in the trust fund at the end of |
| 104 | the year and shall be available for carrying out the purposes of |
| 105 | the trust fund. |
| 106 | (4)(d) Medical Quality Assurance Trust Fund. |
| 107 | (a)1. Funds to be credited to the trust fund shall consist |
| 108 | of fees and fines related to the licensing of health care |
| 109 | professionals. Funds shall be used for the purpose of providing |
| 110 | administrative support for the regulation of health care |
| 111 | professionals and for other such purposes as may be appropriate |
| 112 | and shall be expended only pursuant to legislative appropriation |
| 113 | or an approved amendment to the department's operating budget |
| 114 | pursuant to the provisions of chapter 216. |
| 115 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 116 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 117 | of any fiscal year shall remain in the trust fund at the end of |
| 118 | the year and shall be available for carrying out the purposes of |
| 119 | the trust fund. |
| 120 | (5)(e) Operations and Maintenance Trust Fund. |
| 121 | (a)1. Funds to be credited to the trust fund shall consist |
| 122 | of receipts from third-party payors of health care services such |
| 123 | as Medicare and Medicaid. Funds shall be used for the purpose of |
| 124 | providing health care services to department clients and for |
| 125 | other such purposes as may be appropriate and shall be expended |
| 126 | only pursuant to legislative appropriation or an approved |
| 127 | amendment to the department's operating budget pursuant to the |
| 128 | provisions of chapter 216. |
| 129 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 130 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 131 | of any fiscal year shall remain in the trust fund at the end of |
| 132 | the year and shall be available for carrying out the purposes of |
| 133 | the trust fund. |
| 134 | (6)(f) Social Services Block Grant Trust Fund. |
| 135 | (a)1. Funds to be credited to the trust fund shall consist |
| 136 | of federal social services block grant funds. Funds shall be |
| 137 | used for the purpose of providing health care and support |
| 138 | services to department clients and for other such purposes as |
| 139 | may be appropriate and shall be expended only pursuant to |
| 140 | legislative appropriation or an approved amendment to the |
| 141 | department's operating budget pursuant to the provisions of |
| 142 | chapter 216. |
| 143 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 144 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 145 | of any fiscal year shall remain in the trust fund at the end of |
| 146 | the year and shall be available for carrying out the purposes of |
| 147 | the trust fund. |
| 148 | (7)(g) Department of Health Tobacco Settlement Trust Fund. |
| 149 | (a)1. Funds to be credited to the trust fund shall consist |
| 150 | of funds disbursed, by nonoperating transfer, from the |
| 151 | Department of Financial Services Tobacco Settlement Clearing |
| 152 | Trust Fund in amounts equal to the annual appropriations made |
| 153 | from this trust fund. |
| 154 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 155 | pursuant to s. 216.351, any unencumbered balance in the trust |
| 156 | fund at the end of any fiscal year and any encumbered balance |
| 157 | remaining undisbursed on September 30 December 31 of the same |
| 158 | calendar year shall revert to the Department of Financial |
| 159 | Services Tobacco Settlement Clearing Trust Fund. |
| 160 | (8)(h) Biomedical Research Trust Fund. |
| 161 | (a)1. Funds to be credited to the trust fund shall consist |
| 162 | of funds deposited pursuant to s. 215.5601 and any other funds |
| 163 | appropriated by the Legislature. Funds shall be used for the |
| 164 | purposes of the James and Esther King Biomedical Research |
| 165 | Program and the William G. "Bill" Bankhead, Jr., and David Coley |
| 166 | Cancer Research Program as specified in ss. 215.5602, 288.955, |
| 167 | and 381.922. The trust fund is exempt from the service charges |
| 168 | imposed by s. 215.20. |
| 169 | (b)2. Notwithstanding the provisions of s. 216.301 and |
| 170 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 171 | of any fiscal year shall remain in the trust fund at the end of |
| 172 | the year and shall be available for carrying out the purposes of |
| 173 | the trust fund. The department may invest these funds |
| 174 | independently through the Chief Financial Officer or may |
| 175 | negotiate a trust agreement with the State Board of |
| 176 | Administration for the investment management of any balance in |
| 177 | the trust fund. |
| 178 | (c)3. Notwithstanding s. 216.301 and pursuant to s. |
| 179 | 216.351, any balance of any appropriation from the Biomedical |
| 180 | Research Trust Fund which is not disbursed but which is |
| 181 | obligated pursuant to contract or committed to be expended may |
| 182 | be carried forward for up to 3 years following the effective |
| 183 | date of the original appropriation. |
| 184 | (9)(i) Welfare Transition Trust Fund. |
| 185 | (a)1. The Welfare Transition Trust Fund is created within |
| 186 | the Department of Health for the purposes of receiving federal |
| 187 | funds under the Temporary Assistance for Needy Families Program. |
| 188 | Trust fund moneys shall be used exclusively for the purpose of |
| 189 | providing services to individuals eligible for Temporary |
| 190 | Assistance for Needy Families pursuant to the requirements and |
| 191 | limitations of part A of Title IV of the Social Security Act, as |
| 192 | amended, or any other applicable federal requirement or |
| 193 | limitation. Funds credited to the trust fund consist of those |
| 194 | funds collected from the Temporary Assistance for Needy Families |
| 195 | Block Grant. |
| 196 | (b) Notwithstanding the provisions of s. 216.301 and |
| 197 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 198 | of any fiscal year shall remain in the trust fund at the end of |
| 199 | the year and shall be available for carrying out the purposes of |
| 200 | the trust fund. |
| 201 | 2. In accordance with s. 19(f)(2), Art. III of the State |
| 202 | Constitution, the Welfare Transition Trust Fund shall be |
| 203 | terminated on July 1, 2008, unless terminated sooner. Before its |
| 204 | scheduled termination, the trust fund shall be reviewed as |
| 205 | provided in s. 215.3206(1) and (2). |
| 206 | (2) Prior to its scheduled termination pursuant to the |
| 207 | provisions of s. 19(f)(2), Art. III of the State Constitution, |
| 208 | each trust fund listed in subsection (1) shall be reviewed as |
| 209 | provided in s. 215.3206(1) and (2). |
| 210 | (10) Brain and Spinal Cord Injury Program Trust Fund. |
| 211 | (a) Funds to be credited to and uses of the trust fund |
| 212 | shall be administered in accordance with the provisions of s. |
| 213 | 381.79. |
| 214 | (b) Notwithstanding the provisions of s. 216.301 and |
| 215 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 216 | of any fiscal year shall remain in the trust fund at the end of |
| 217 | the year and shall be available for carrying out the purposes of |
| 218 | the trust fund. |
| 219 | (11) County Health Department Trust Fund. |
| 220 | (a) Funds to be credited to and uses of the trust fund |
| 221 | shall be administered in accordance with s. 154.02. |
| 222 | (b) Notwithstanding the provisions of s. 216.301 and |
| 223 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 224 | of any fiscal year shall remain in the trust fund at the end of |
| 225 | the year and shall be available for carrying out the purposes of |
| 226 | the trust fund. |
| 227 | (12) Donations Trust Fund. |
| 228 | (a) Funds to be credited to the trust fund shall consist |
| 229 | of state and federal grant funds and fees collected and shall be |
| 230 | used for the purpose of providing health care and support |
| 231 | services to department clients and for other such purposes as |
| 232 | may be appropriate. |
| 233 | (b) Notwithstanding the provisions of s. 216.301 and |
| 234 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 235 | of any fiscal year shall remain in the trust fund at the end of |
| 236 | the year and shall be available for carrying out the purposes of |
| 237 | the trust fund. |
| 238 | (13) Florida Drug, Device, and Cosmetic Trust Fund. |
| 239 | (a) Funds to be credited to and uses of the trust fund |
| 240 | shall be administered in accordance with the provisions of |
| 241 | chapter 499. |
| 242 | (b) Notwithstanding the provisions of s. 216.301 and |
| 243 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 244 | of any fiscal year shall remain in the trust fund at the end of |
| 245 | the year and shall be available for carrying out the purposes of |
| 246 | the trust fund. |
| 247 | (14) Emergency Medical Services Trust Fund. |
| 248 | (a) Funds to be credited to and uses of the trust fund |
| 249 | shall be administered in accordance with the provisions of parts |
| 250 | I and II of chapter 401. |
| 251 | (b) Notwithstanding the provisions of s. 216.301 and |
| 252 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 253 | of any fiscal year shall remain in the trust fund at the end of |
| 254 | the year and shall be available for carrying out the purposes of |
| 255 | the trust fund. |
| 256 | (15) Epilepsy Services Trust Fund. |
| 257 | (a) Funds to be credited to and uses of the trust fund |
| 258 | shall be administered in accordance with the provisions of s. |
| 259 | 385.207. |
| 260 | (b) Notwithstanding the provisions of s. 216.301 and |
| 261 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 262 | of any fiscal year shall remain in the trust fund at the end of |
| 263 | the year and shall be available for carrying out the purposes of |
| 264 | the trust fund. |
| 265 | (16) Maternal and Child Health Block Grant Trust Fund. |
| 266 | (a) Funds to be credited to the trust fund shall consist |
| 267 | of federal maternal and child block grant funds and shall be |
| 268 | used for the purpose of providing health care and support |
| 269 | services to department clients and for other such purposes as |
| 270 | may be appropriate. |
| 271 | (b) Notwithstanding the provisions of s. 216.301 and |
| 272 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 273 | of any fiscal year shall remain in the trust fund at the end of |
| 274 | the year and shall be available for carrying out the purposes of |
| 275 | the trust fund. |
| 276 | (17) Nursing Student Loan Forgiveness Trust Fund. |
| 277 | (a) Funds to be credited to and uses of the trust fund |
| 278 | shall be administered in accordance with the provisions of s. |
| 279 | 1009.66. |
| 280 | (b) Notwithstanding the provisions of s. 216.301 and |
| 281 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 282 | of any fiscal year shall remain in the trust fund at the end of |
| 283 | the year and shall be available for carrying out the purposes of |
| 284 | the trust fund. |
| 285 | (18) Planning and Evaluation Trust Fund. |
| 286 | (a) Funds to be credited to and uses of the trust fund |
| 287 | shall be administered in accordance with the provisions of ss. |
| 288 | 381.0202 and 382.0255. |
| 289 | (b) Notwithstanding the provisions of s. 216.301 and |
| 290 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 291 | of any fiscal year shall remain in the trust fund at the end of |
| 292 | the year and shall be available for carrying out the purposes of |
| 293 | the trust fund. |
| 294 | (19) Preventive Health Services Block Grant Trust Fund. |
| 295 | (a) Funds to be credited to the trust fund shall consist |
| 296 | of federal preventive health services block grant funds and |
| 297 | shall be used for the purpose of providing health care and |
| 298 | support services to department clients and for other such |
| 299 | purposes as may be appropriate. |
| 300 | (b) Notwithstanding the provisions of s. 216.301 and |
| 301 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 302 | of any fiscal year shall remain in the trust fund at the end of |
| 303 | the year and shall be available for carrying out the purposes of |
| 304 | the trust fund. |
| 305 | (20) Radiation Protection Trust Fund. |
| 306 | (a) Funds to be credited to and uses of the trust fund |
| 307 | shall be administered in accordance with the provisions of |
| 308 | chapter 404 and part IV of chapter 468. |
| 309 | (b) Notwithstanding the provisions of s. 216.301 and |
| 310 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 311 | of any fiscal year shall remain in the trust fund at the end of |
| 312 | the year and shall be available for carrying out the purposes of |
| 313 | the trust fund. |
| 314 | (21) Rape Crisis Program Trust Fund. |
| 315 | (a) Funds to be credited to and uses of the trust fund |
| 316 | shall be administered in accordance with the provisions of s. |
| 317 | 794.056. |
| 318 | (b) Notwithstanding the provisions of s. 216.301 and |
| 319 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 320 | of any fiscal year shall remain in the trust fund at the end of |
| 321 | the year and shall be available for carrying out the purposes of |
| 322 | the trust fund. |
| 323 | (22) United States Trust Fund. |
| 324 | (a) Funds to be credited to the trust fund shall consist |
| 325 | of federal funds from the Social Security Administration and |
| 326 | shall be used for the purpose of determining the eligibility of |
| 327 | Florida citizens applying for disability benefits under the |
| 328 | federal Social Security and Supplemental Security Income |
| 329 | Programs. |
| 330 | (b) Notwithstanding the provisions of s. 216.301 and |
| 331 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 332 | of any fiscal year shall remain in the trust fund at the end of |
| 333 | the year and shall be available for carrying out the purposes of |
| 334 | the trust fund. |
| 335 | Section 3. Paragraph (u) of subsection (1) of section |
| 336 | 215.22, Florida Statutes, is amended to read: |
| 337 | 215.22 Certain income and certain trust funds exempt.-- |
| 338 | (1) The following income of a revenue nature or the |
| 339 | following trust funds shall be exempt from the appropriation |
| 340 | required by s. 215.20(1): |
| 341 | (u) Voluntary contributions collected pursuant to s. |
| 342 | 464.0195(3) The Florida Center for Nursing Trust Fund. |
| 343 | Section 4. Paragraph (e) of subsection (5) of section |
| 344 | 215.5601, Florida Statutes, is amended to read: |
| 345 | 215.5601 Lawton Chiles Endowment Fund.-- |
| 346 | (5) AVAILABILITY OF FUNDS; USES.-- |
| 347 | (e) Notwithstanding s. 216.301 and pursuant to s. 216.351, |
| 348 | all unencumbered balances of appropriations from each |
| 349 | department's respective Tobacco Settlement Trust Fund as of June |
| 350 | 30 or undisbursed balances as of December 31 shall revert to the |
| 351 | endowment's principal. Unencumbered balances in the Biomedical |
| 352 | Research Trust Fund shall be managed as provided in s. |
| 353 | 20.435(8)(b)(1)(h)2. |
| 354 | Section 5. Subsection (3) of section 464.0195, Florida |
| 355 | Statutes, is amended to read: |
| 356 | 464.0195 Florida Center for Nursing; goals.-- |
| 357 | (3) The Board of Nursing shall include on its initial and |
| 358 | renewal application forms a question asking the nurse to |
| 359 | voluntarily contribute to funding the Florida Center for Nursing |
| 360 | in addition to paying the fees imposed at the time of licensure |
| 361 | and licensure renewal. Revenues collected from nurses over and |
| 362 | above the required fees shall be transferred from the Medical |
| 363 | Quality Assurance Trust Fund to the Grants and Donations Trust |
| 364 | Fund within the Department of Health Florida Center for Nursing |
| 365 | Trust Fund and shall be used solely to support and maintain the |
| 366 | goals and functions of the center. |
| 367 | Section 6. Section 464.0198, Florida Statutes, is |
| 368 | repealed. |
| 369 | Section 7. Paragraph (b) of subsection (3) of section |
| 370 | 794.055, Florida Statutes, is amended to read: |
| 371 | 794.055 Access to services for victims of sexual |
| 372 | battery.-- |
| 373 | (3) |
| 374 | (b) Funds received under s. 938.085 shall be used to |
| 375 | provide sexual battery recovery services to victims and their |
| 376 | families. Funds shall be distributed to rape crisis centers |
| 377 | based on an allocation formula that takes into account the |
| 378 | population and rural characteristics of each county. No more |
| 379 | than 15 percent of the funds shall be used by the statewide |
| 380 | nonprofit association for statewide initiatives. No more than 5 |
| 381 | percent of the funds may be used by the department for |
| 382 | administrative costs. |
| 383 | Section 8. This act shall take effect July 1, 2008. |