HB 5025

1
A bill to be entitled
2An act relating to trust funds of the Department of
3Health; terminating the Florida Center for Nursing Trust
4Fund within the Department of Health; providing for the
5disposition of the balances in and revenues of the trust
6fund; prescribing procedures for the termination of the
7trust fund; amending s. 20.435, F.S.; removing obsolete
8language; revising the date for reversion of specified
9balances in the Tobacco Settlement Trust Fund; removing
10the scheduled termination of the Welfare Transition Trust
11Fund; providing for the administration of the Brain and
12Spinal Cord Injury Program Trust Fund, the County Health
13Department Trust Fund, the Donations Trust Fund, the
14Florida Drug, Device, and Cosmetic Trust Fund, the
15Emergency Medical Services Trust Fund, the Epilepsy
16Services Trust Fund, the Maternal and Child Health Block
17Grant Trust Fund, the Nursing Student Loan Forgiveness
18Trust Fund, the Planning and Evaluation Trust Fund, the
19Preventive Health Services Block Grant Trust Fund, the
20Radiation Protection Trust Fund, the Rape Crisis Program
21Trust Fund, and the United States Trust Fund by the
22Department of Health; providing for sources of funds and
23purposes; providing for annual carryforward of funds;
24amending s. 215.22, F.S.; exempting voluntary
25contributions to the Florida Center for Nursing from the
26service charge imposed on income of a revenue nature
27deposited in trust funds; removing reference to the
28Florida Center for Nursing Trust Fund, to conform to the
29termination of the fund; amending s. 215.5601, F.S.;
30conforming a cross-reference; amending s. 464.0195, F.S.,
31to conform; repealing s. 464.0198, F.S., which creates the
32Florida Center for Nursing Trust Fund, to conform;
33amending s. 794.055, F.S.; specifying limits on the uses
34of the Rape Crisis Program Trust Fund; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  (1)  The Florida Center for Nursing Trust Fund,
40FLAIR number 64-2-283, within the Department of Health is
41terminated.
42     (2)  All current balances remaining in, and all revenues
43of, the trust fund shall be transferred to the Grants and
44Donations Trust Fund within the Department of Health, FLAIR
45number 64-2-339.
46     (3)  The Department of Health shall pay any outstanding
47debts and obligations of the terminated fund as soon as
48practicable, and the Chief Financial Officer shall close out and
49remove the terminated fund from the various state accounting
50systems using generally accepted accounting principles
51concerning warrants outstanding, assets, and liabilities.
52     Section 2.  Section 20.435, Florida Statutes, is amended to
53read:
54     20.435  Department of Health; trust funds.--
55     (1)  The following trust funds shall are hereby created, to
56be 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
59of regulatory fees such as those pertaining to the licensing,
60permitting, and inspection of septic tanks, food hygiene, onsite
61sewage, Superfund compliance, solid waste management, tanning
62facilities, mobile home and recreational vehicle park
63inspection, other departmental regulatory and health care
64programs, and indirect earnings from grants. Funds shall be used
65for the purpose of supporting the regulatory activities of the
66department and for other such purposes as may be appropriate and
67shall be expended only pursuant to legislative appropriation or
68an approved amendment to the department's operating budget
69pursuant to the provisions of chapter 216.
70     (b)2.  Notwithstanding the provisions of s. 216.301 and
71pursuant to s. 216.351, any balance in the trust fund at the end
72of any fiscal year shall remain in the trust fund at the end of
73the year and shall be available for carrying out the purposes of
74the trust fund.
75     (2)(b)  Federal Grants Trust Fund.
76     (a)1.  Funds to be credited to the trust fund shall consist
77of grants and funding from the Federal Government and funds from
78the Medicaid program. Funds shall be used for the purposes of
79providing health and support services to department clients,
80supporting regulatory activities of the department, and funding
81disease surveillance and for other such purposes as may be
82appropriate and shall be expended only pursuant to legislative
83appropriation or an approved amendment to the department's
84operating budget pursuant to the provisions of chapter 216.
85     (b)2.  Notwithstanding the provisions of s. 216.301 and
86pursuant to s. 216.351, any balance in the trust fund at the end
87of any fiscal year shall remain in the trust fund at the end of
88the year and shall be available for carrying out the purposes of
89the trust fund.
90     (3)(c)  Grants and Donations Trust Fund.
91     (a)1.  Funds to be credited to the trust fund shall consist
92of restricted contractual revenue from public or private sources
93such as receipts from Medicaid, funds from federal environmental
94laws such as the Safe Drinking Water Act and the Superfund,
95funds from other health and environmental programs, and funds
96from private sources such as foundations. Funds shall be used
97for the purpose of supporting the activities of the department
98and shall be expended only pursuant to legislative appropriation
99or an approved amendment to the department's operating budget
100pursuant to the provisions of chapter 216.
101     (b)2.  Notwithstanding the provisions of s. 216.301 and
102pursuant to s. 216.351, any balance in the trust fund at the end
103of any fiscal year shall remain in the trust fund at the end of
104the year and shall be available for carrying out the purposes of
105the trust fund.
106     (4)(d)  Medical Quality Assurance Trust Fund.
107     (a)1.  Funds to be credited to the trust fund shall consist
108of fees and fines related to the licensing of health care
109professionals. Funds shall be used for the purpose of providing
110administrative support for the regulation of health care
111professionals and for other such purposes as may be appropriate
112and shall be expended only pursuant to legislative appropriation
113or an approved amendment to the department's operating budget
114pursuant to the provisions of chapter 216.
115     (b)2.  Notwithstanding the provisions of s. 216.301 and
116pursuant to s. 216.351, any balance in the trust fund at the end
117of any fiscal year shall remain in the trust fund at the end of
118the year and shall be available for carrying out the purposes of
119the trust fund.
120     (5)(e)  Operations and Maintenance Trust Fund.
121     (a)1.  Funds to be credited to the trust fund shall consist
122of receipts from third-party payors of health care services such
123as Medicare and Medicaid. Funds shall be used for the purpose of
124providing health care services to department clients and for
125other such purposes as may be appropriate and shall be expended
126only pursuant to legislative appropriation or an approved
127amendment to the department's operating budget pursuant to the
128provisions of chapter 216.
129     (b)2.  Notwithstanding the provisions of s. 216.301 and
130pursuant to s. 216.351, any balance in the trust fund at the end
131of any fiscal year shall remain in the trust fund at the end of
132the year and shall be available for carrying out the purposes of
133the trust fund.
134     (6)(f)  Social Services Block Grant Trust Fund.
135     (a)1.  Funds to be credited to the trust fund shall consist
136of federal social services block grant funds. Funds shall be
137used for the purpose of providing health care and support
138services to department clients and for other such purposes as
139may be appropriate and shall be expended only pursuant to
140legislative appropriation or an approved amendment to the
141department's operating budget pursuant to the provisions of
142chapter 216.
143     (b)2.  Notwithstanding the provisions of s. 216.301 and
144pursuant to s. 216.351, any balance in the trust fund at the end
145of any fiscal year shall remain in the trust fund at the end of
146the year and shall be available for carrying out the purposes of
147the 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
150of funds disbursed, by nonoperating transfer, from the
151Department of Financial Services Tobacco Settlement Clearing
152Trust Fund in amounts equal to the annual appropriations made
153from this trust fund.
154     (b)2.  Notwithstanding the provisions of s. 216.301 and
155pursuant to s. 216.351, any unencumbered balance in the trust
156fund at the end of any fiscal year and any encumbered balance
157remaining undisbursed on September 30 December 31 of the same
158calendar year shall revert to the Department of Financial
159Services 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
162of funds deposited pursuant to s. 215.5601 and any other funds
163appropriated by the Legislature. Funds shall be used for the
164purposes of the James and Esther King Biomedical Research
165Program and the William G. "Bill" Bankhead, Jr., and David Coley
166Cancer Research Program as specified in ss. 215.5602, 288.955,
167and 381.922. The trust fund is exempt from the service charges
168imposed by s. 215.20.
169     (b)2.  Notwithstanding the provisions of s. 216.301 and
170pursuant to s. 216.351, any balance in the trust fund at the end
171of any fiscal year shall remain in the trust fund at the end of
172the year and shall be available for carrying out the purposes of
173the trust fund. The department may invest these funds
174independently through the Chief Financial Officer or may
175negotiate a trust agreement with the State Board of
176Administration for the investment management of any balance in
177the trust fund.
178     (c)3.  Notwithstanding s. 216.301 and pursuant to s.
179216.351, any balance of any appropriation from the Biomedical
180Research Trust Fund which is not disbursed but which is
181obligated pursuant to contract or committed to be expended may
182be carried forward for up to 3 years following the effective
183date of the original appropriation.
184     (9)(i)  Welfare Transition Trust Fund.
185     (a)1.  The Welfare Transition Trust Fund is created within
186the Department of Health for the purposes of receiving federal
187funds under the Temporary Assistance for Needy Families Program.
188Trust fund moneys shall be used exclusively for the purpose of
189providing services to individuals eligible for Temporary
190Assistance for Needy Families pursuant to the requirements and
191limitations of part A of Title IV of the Social Security Act, as
192amended, or any other applicable federal requirement or
193limitation. Funds credited to the trust fund consist of those
194funds collected from the Temporary Assistance for Needy Families
195Block Grant.
196     (b)  Notwithstanding the provisions of s. 216.301 and
197pursuant to s. 216.351, any balance in the trust fund at the end
198of any fiscal year shall remain in the trust fund at the end of
199the year and shall be available for carrying out the purposes of
200the trust fund.
201     2.  In accordance with s. 19(f)(2), Art. III of the State
202Constitution, the Welfare Transition Trust Fund shall be
203terminated on July 1, 2008, unless terminated sooner. Before its
204scheduled termination, the trust fund shall be reviewed as
205provided in s. 215.3206(1) and (2).
206     (2)  Prior to its scheduled termination pursuant to the
207provisions of s. 19(f)(2), Art. III of the State Constitution,
208each trust fund listed in subsection (1) shall be reviewed as
209provided 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
212shall be administered in accordance with the provisions of s.
213381.79.
214     (b)  Notwithstanding the provisions of s. 216.301 and
215pursuant to s. 216.351, any balance in the trust fund at the end
216of any fiscal year shall remain in the trust fund at the end of
217the year and shall be available for carrying out the purposes of
218the trust fund.
219     (11)  County Health Department Trust Fund.
220     (a)  Funds to be credited to and uses of the trust fund
221shall be administered in accordance with s. 154.02.
222     (b)  Notwithstanding the provisions of s. 216.301 and
223pursuant to s. 216.351, any balance in the trust fund at the end
224of any fiscal year shall remain in the trust fund at the end of
225the year and shall be available for carrying out the purposes of
226the trust fund.
227     (12)  Donations Trust Fund.
228     (a)  Funds to be credited to the trust fund shall consist
229of state and federal grant funds and fees collected and shall be
230used for the purpose of providing health care and support
231services to department clients and for other such purposes as
232may be appropriate.
233     (b)  Notwithstanding the provisions of s. 216.301 and
234pursuant to s. 216.351, any balance in the trust fund at the end
235of any fiscal year shall remain in the trust fund at the end of
236the year and shall be available for carrying out the purposes of
237the trust fund.
238     (13)  Florida Drug, Device, and Cosmetic Trust Fund.
239     (a)  Funds to be credited to and uses of the trust fund
240shall be administered in accordance with the provisions of
241chapter 499.
242     (b)  Notwithstanding the provisions of s. 216.301 and
243pursuant to s. 216.351, any balance in the trust fund at the end
244of any fiscal year shall remain in the trust fund at the end of
245the year and shall be available for carrying out the purposes of
246the trust fund.
247     (14)  Emergency Medical Services Trust Fund.
248     (a)  Funds to be credited to and uses of the trust fund
249shall be administered in accordance with the provisions of parts
250I and II of chapter 401.
251     (b)  Notwithstanding the provisions of s. 216.301 and
252pursuant to s. 216.351, any balance in the trust fund at the end
253of any fiscal year shall remain in the trust fund at the end of
254the year and shall be available for carrying out the purposes of
255the trust fund.
256     (15)  Epilepsy Services Trust Fund.
257     (a)  Funds to be credited to and uses of the trust fund
258shall be administered in accordance with the provisions of s.
259385.207.
260     (b)  Notwithstanding the provisions of s. 216.301 and
261pursuant to s. 216.351, any balance in the trust fund at the end
262of any fiscal year shall remain in the trust fund at the end of
263the year and shall be available for carrying out the purposes of
264the trust fund.
265     (16)  Maternal and Child Health Block Grant Trust Fund.
266     (a)  Funds to be credited to the trust fund shall consist
267of federal maternal and child block grant funds and shall be
268used for the purpose of providing health care and support
269services to department clients and for other such purposes as
270may be appropriate.
271     (b)  Notwithstanding the provisions of s. 216.301 and
272pursuant to s. 216.351, any balance in the trust fund at the end
273of any fiscal year shall remain in the trust fund at the end of
274the year and shall be available for carrying out the purposes of
275the trust fund.
276     (17)  Nursing Student Loan Forgiveness Trust Fund.
277     (a)  Funds to be credited to and uses of the trust fund
278shall be administered in accordance with the provisions of s.
2791009.66.
280     (b)  Notwithstanding the provisions of s. 216.301 and
281pursuant to s. 216.351, any balance in the trust fund at the end
282of any fiscal year shall remain in the trust fund at the end of
283the year and shall be available for carrying out the purposes of
284the trust fund.
285     (18)  Planning and Evaluation Trust Fund.
286     (a)  Funds to be credited to and uses of the trust fund
287shall be administered in accordance with the provisions of ss.
288381.0202 and 382.0255.
289     (b)  Notwithstanding the provisions of s. 216.301 and
290pursuant to s. 216.351, any balance in the trust fund at the end
291of any fiscal year shall remain in the trust fund at the end of
292the year and shall be available for carrying out the purposes of
293the trust fund.
294     (19)  Preventive Health Services Block Grant Trust Fund.
295     (a)  Funds to be credited to the trust fund shall consist
296of federal preventive health services block grant funds and
297shall be used for the purpose of providing health care and
298support services to department clients and for other such
299purposes as may be appropriate.
300     (b)  Notwithstanding the provisions of s. 216.301 and
301pursuant to s. 216.351, any balance in the trust fund at the end
302of any fiscal year shall remain in the trust fund at the end of
303the year and shall be available for carrying out the purposes of
304the trust fund.
305     (20)  Radiation Protection Trust Fund.
306     (a)  Funds to be credited to and uses of the trust fund
307shall be administered in accordance with the provisions of
308chapter 404 and part IV of chapter 468.
309     (b)  Notwithstanding the provisions of s. 216.301 and
310pursuant to s. 216.351, any balance in the trust fund at the end
311of any fiscal year shall remain in the trust fund at the end of
312the year and shall be available for carrying out the purposes of
313the trust fund.
314     (21)  Rape Crisis Program Trust Fund.
315     (a)  Funds to be credited to and uses of the trust fund
316shall be administered in accordance with the provisions of s.
317794.056.
318     (b)  Notwithstanding the provisions of s. 216.301 and
319pursuant to s. 216.351, any balance in the trust fund at the end
320of any fiscal year shall remain in the trust fund at the end of
321the year and shall be available for carrying out the purposes of
322the trust fund.
323     (22)  United States Trust Fund.
324     (a)  Funds to be credited to the trust fund shall consist
325of federal funds from the Social Security Administration and
326shall be used for the purpose of determining the eligibility of
327Florida citizens applying for disability benefits under the
328federal Social Security and Supplemental Security Income
329Programs.
330     (b)  Notwithstanding the provisions of s. 216.301 and
331pursuant to s. 216.351, any balance in the trust fund at the end
332of any fiscal year shall remain in the trust fund at the end of
333the year and shall be available for carrying out the purposes of
334the trust fund.
335     Section 3.  Paragraph (u) of subsection (1) of section
336215.22, 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
339following trust funds shall be exempt from the appropriation
340required by s. 215.20(1):
341     (u)  Voluntary contributions collected pursuant to s.
342464.0195(3) The Florida Center for Nursing Trust Fund.
343     Section 4.  Paragraph (e) of subsection (5) of section
344215.5601, 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,
348all unencumbered balances of appropriations from each
349department's respective Tobacco Settlement Trust Fund as of June
35030 or undisbursed balances as of December 31 shall revert to the
351endowment's principal. Unencumbered balances in the Biomedical
352Research Trust Fund shall be managed as provided in s.
35320.435(8)(b)(1)(h)2.
354     Section 5.  Subsection (3) of section 464.0195, Florida
355Statutes, is amended to read:
356     464.0195  Florida Center for Nursing; goals.--
357     (3)  The Board of Nursing shall include on its initial and
358renewal application forms a question asking the nurse to
359voluntarily contribute to funding the Florida Center for Nursing
360in addition to paying the fees imposed at the time of licensure
361and licensure renewal. Revenues collected from nurses over and
362above the required fees shall be transferred from the Medical
363Quality Assurance Trust Fund to the Grants and Donations Trust
364Fund within the Department of Health Florida Center for Nursing
365Trust Fund and shall be used solely to support and maintain the
366goals and functions of the center.
367     Section 6.  Section 464.0198, Florida Statutes, is
368repealed.
369     Section 7.  Paragraph (b) of subsection (3) of section
370794.055, Florida Statutes, is amended to read:
371     794.055  Access to services for victims of sexual
372battery.--
373     (3)
374     (b)  Funds received under s. 938.085 shall be used to
375provide sexual battery recovery services to victims and their
376families. Funds shall be distributed to rape crisis centers
377based on an allocation formula that takes into account the
378population and rural characteristics of each county. No more
379than 15 percent of the funds shall be used by the statewide
380nonprofit association for statewide initiatives. No more than 5
381percent of the funds may be used by the department for
382administrative costs.
383     Section 8.  This act shall take effect July 1, 2008.


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