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 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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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. |