| 1 | Representatives Rivera and Llorente offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. It is the intent of the Legislature that the |
| 7 | implementing and administering provisions of this act apply to |
| 8 | the Special Appropriations Act for the 2008-2009 fiscal year. |
| 9 | Section 2. In order to implement the transfer of moneys to |
| 10 | the General Revenue Fund from trust funds in the 2008-2009 |
| 11 | Special Appropriations Act, paragraph (b) of subsection (2) of |
| 12 | section 215.32, Florida Statutes, is reenacted to read: |
| 13 | 215.32 State funds; segregation.-- |
| 14 | (2) The source and use of each of these funds shall be as |
| 15 | follows: |
| 16 | (b)1. The trust funds shall consist of moneys received by |
| 17 | the state which under law or under trust agreement are |
| 18 | segregated for a purpose authorized by law. The state agency or |
| 19 | branch of state government receiving or collecting such moneys |
| 20 | shall be responsible for their proper expenditure as provided by |
| 21 | law. Upon the request of the state agency or branch of state |
| 22 | government responsible for the administration of the trust fund, |
| 23 | the Chief Financial Officer may establish accounts within the |
| 24 | trust fund at a level considered necessary for proper |
| 25 | accountability. Once an account is established within a trust |
| 26 | fund, the Chief Financial Officer may authorize payment from |
| 27 | that account only upon determining that there is sufficient cash |
| 28 | and releases at the level of the account. |
| 29 | 2. In addition to other trust funds created by law, to the |
| 30 | extent possible, each agency shall use the following trust funds |
| 31 | as described in this subparagraph for day-to-day operations: |
| 32 | a. Operations or operating trust fund, for use as a |
| 33 | depository for funds to be used for program operations funded by |
| 34 | program revenues, with the exception of administrative |
| 35 | activities when the operations or operating trust fund is a |
| 36 | proprietary fund. |
| 37 | b. Operations and maintenance trust fund, for use as a |
| 38 | depository for client services funded by third-party payors. |
| 39 | c. Administrative trust fund, for use as a depository for |
| 40 | funds to be used for management activities that are departmental |
| 41 | in nature and funded by indirect cost earnings and assessments |
| 42 | against trust funds. Proprietary funds are excluded from the |
| 43 | requirement of using an administrative trust fund. |
| 44 | d. Grants and donations trust fund, for use as a |
| 45 | depository for funds to be used for allowable grant or donor |
| 46 | agreement activities funded by restricted contractual revenue |
| 47 | from private and public nonfederal sources. |
| 48 | e. Agency working capital trust fund, for use as a |
| 49 | depository for funds to be used pursuant to s. 216.272. |
| 50 | f. Clearing funds trust fund, for use as a depository for |
| 51 | funds to account for collections pending distribution to lawful |
| 52 | recipients. |
| 53 | g. Federal grant trust fund, for use as a depository for |
| 54 | funds to be used for allowable grant activities funded by |
| 55 | restricted program revenues from federal sources. |
| 56 |
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| 57 | To the extent possible, each agency must adjust its internal |
| 58 | accounting to use existing trust funds consistent with the |
| 59 | requirements of this subparagraph. If an agency does not have |
| 60 | trust funds listed in this subparagraph and cannot make such |
| 61 | adjustment, the agency must recommend the creation of the |
| 62 | necessary trust funds to the Legislature no later than the next |
| 63 | scheduled review of the agency's trust funds pursuant to s. |
| 64 | 215.3206. |
| 65 | 3. All such moneys are hereby appropriated to be expended |
| 66 | in accordance with the law or trust agreement under which they |
| 67 | were received, subject always to the provisions of chapter 216 |
| 68 | relating to the appropriation of funds and to the applicable |
| 69 | laws relating to the deposit or expenditure of moneys in the |
| 70 | State Treasury. |
| 71 | 4.a. Notwithstanding any provision of law restricting the |
| 72 | use of trust funds to specific purposes, unappropriated cash |
| 73 | balances from selected trust funds may be authorized by the |
| 74 | Legislature for transfer to the Budget Stabilization Fund and |
| 75 | General Revenue Fund in the General Appropriations Act. |
| 76 | b. This subparagraph does not apply to trust funds |
| 77 | required by federal programs or mandates; trust funds |
| 78 | established for bond covenants, indentures, or resolutions whose |
| 79 | revenues are legally pledged by the state or public body to meet |
| 80 | debt service or other financial requirements of any debt |
| 81 | obligations of the state or any public body; the State |
| 82 | Transportation Trust Fund; the trust fund containing the net |
| 83 | annual proceeds from the Florida Education Lotteries; the |
| 84 | Florida Retirement System Trust Fund; trust funds under the |
| 85 | management of the State Board of Education or the Board of |
| 86 | Governors of the State University System, where such trust funds |
| 87 | are for auxiliary enterprises, self-insurance, and contracts, |
| 88 | grants, and donations, as those terms are defined by general |
| 89 | law; trust funds that serve as clearing funds or accounts for |
| 90 | the Chief Financial Officer or state agencies; trust funds that |
| 91 | account for assets held by the state in a trustee capacity as an |
| 92 | agent or fiduciary for individuals, private organizations, or |
| 93 | other governmental units; and other trust funds authorized by |
| 94 | the State Constitution. |
| 95 | Section 3. In order to implement section 20 of the 2008- |
| 96 | 2009 Special Appropriations Act, paragraph (c) of subsection (1) |
| 97 | of section 320.08, Florida Statutes, is amended to read: |
| 98 | 320.08 License taxes.--Except as otherwise provided |
| 99 | herein, there are hereby levied and imposed annual license taxes |
| 100 | for the operation of motor vehicles, mopeds, motorized bicycles |
| 101 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
| 102 | 320.01, which shall be paid to and collected by the department |
| 103 | or its agent upon the registration or renewal of registration of |
| 104 | the following: |
| 105 | (1) MOTORCYCLES AND MOPEDS.-- |
| 106 | (c) Upon registration of any motorcycle, motor-driven |
| 107 | cycle, or moped there shall be paid in addition to the license |
| 108 | taxes specified in this subsection a nonrefundable motorcycle |
| 109 | safety education fee in the amount of $2.50. The proceeds of |
| 110 | such additional fee shall be deposited in the Highway Safety |
| 111 | Operating Trust Fund and be used exclusively to fund a |
| 112 | motorcycle driver improvement program implemented pursuant to s. |
| 113 | 322.025, or the Florida Motorcycle Safety Education Program |
| 114 | established in s. 322.0255, or the general operations of the |
| 115 | department. |
| 116 | Section 4. The amendments to s. 320.08, Florida Statutes, |
| 117 | made by this act shall expire July 1, 2009, and the text of that |
| 118 | section shall revert to that in existence on the day before the |
| 119 | effective date of this act, except that any amendments to such |
| 120 | text enacted other than by this act shall be preserved and |
| 121 | continue to operate to the extent that such amendments are not |
| 122 | dependent upon the portions of such text that expire pursuant to |
| 123 | this section. |
| 124 | Section 5. In order to implement section 20 of the 2008- |
| 125 | 2009 Special Appropriations Act, subsection (4) is added to |
| 126 | section 339.08, Florida Statutes, to read: |
| 127 | 339.08 Use of moneys in State Transportation Trust Fund.-- |
| 128 | (4) For the 2008-2009 fiscal year only and notwithstanding |
| 129 | the provisions of this section and ss. 339.09(1) and |
| 130 | 215.32(2)(b)4., $200 million may be transferred from the State |
| 131 | Transportation Trust Fund to the General Revenue Fund. |
| 132 | Notwithstanding ss. 206.46(3) and 206.606(2), the total amount |
| 133 | transferred shall be reduced from total state revenues deposited |
| 134 | into the State Transportation Trust Fund for the calculation |
| 135 | requirements of ss. 206.46(3) and 206.606(2). This subsection |
| 136 | expires July 1, 2009. |
| 137 | Section 6. In order to implement section 20 of the 2008- |
| 138 | 2009 Special Appropriations Act, paragraph (a) of subsection (4) |
| 139 | of section 339.135, Florida Statutes, is amended to read: |
| 140 | 339.135 Work program; legislative budget request; |
| 141 | definitions; preparation, adoption, execution, and amendment.-- |
| 142 | (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- |
| 143 | (a)1. To assure that no district or county is penalized |
| 144 | for local efforts to improve the State Highway System, the |
| 145 | department shall, for the purpose of developing a tentative work |
| 146 | program, allocate funds for new construction to the districts, |
| 147 | except for the turnpike enterprise, based on equal parts of |
| 148 | population and motor fuel tax collections. Funds for |
| 149 | resurfacing, bridge repair and rehabilitation, bridge fender |
| 150 | system construction or repair, public transit projects except |
| 151 | public transit block grants as provided in s. 341.052, and other |
| 152 | programs with quantitative needs assessments shall be allocated |
| 153 | based on the results of these assessments. The department may |
| 154 | not transfer any funds allocated to a district under this |
| 155 | paragraph to any other district except as provided in subsection |
| 156 | (7). Funds for public transit block grants shall be allocated to |
| 157 | the districts pursuant to s. 341.052. Funds for the intercity |
| 158 | bus program provided for under s. 5311(f) of the federal |
| 159 | nonurbanized area formula program shall be administered and |
| 160 | allocated directly to eligible bus carriers as defined in s. |
| 161 | 341.031(12) at the state level rather than the district. In |
| 162 | order to provide state funding to support the intercity bus |
| 163 | program provided for under provisions of the federal 5311(f) |
| 164 | program, the department shall allocate an amount equal to the |
| 165 | federal share of the 5311(f) program from amounts calculated |
| 166 | pursuant to s. 206.46(3). |
| 167 | 2. Notwithstanding the provisions of subparagraph 1., the |
| 168 | department shall allocate at least 50 percent of any new |
| 169 | discretionary highway capacity funds to the Florida Strategic |
| 170 | Intermodal System created pursuant to s. 339.61. Any remaining |
| 171 | new discretionary highway capacity funds shall be allocated to |
| 172 | the districts for new construction as provided in subparagraph |
| 173 | 1. For the purposes of this subparagraph, the term "new |
| 174 | discretionary highway capacity funds" means any funds available |
| 175 | to the department above the prior year funding level for |
| 176 | capacity improvements, which the department has the discretion |
| 177 | to allocate to highway projects. |
| 178 | 3. Notwithstanding subparagraph 1. and ss. 206.46(3), |
| 179 | 334.044(26), and 339.2819(3) in fiscal year 2008-2009, the |
| 180 | department shall reduce work program levels to balance the |
| 181 | finance plan to the revised funding levels resulting from any |
| 182 | reduction in the 2008-2009 Special Appropriations Act. This |
| 183 | subparagraph expires July 1, 2009. |
| 184 | 4. Prior to any project or phase thereof being deferred, |
| 185 | such reductions shall be made to financial projects not |
| 186 | programmed for contract letting as identified with a work |
| 187 | program contract class code 8 and the box code RV, excluding |
| 188 | reserves for rail corridor development. These reductions shall |
| 189 | not negatively impact safety, preservation, maintenance, or |
| 190 | project contingency levels as of July 1, 2008. This subparagraph |
| 191 | expires July 1, 2009. |
| 192 | Section 7. In order to implement section 9 of the 2008- |
| 193 | 2009 Special Appropriations Act, section 420.0005, Florida |
| 194 | Statutes, is amended to read: |
| 195 | 420.0005 State Housing Trust Fund; State Housing Fund.-- |
| 196 | (1) There is hereby established in the State Treasury a |
| 197 | separate trust fund to be named the "State Housing Trust Fund." |
| 198 | There shall be deposited in the fund all moneys appropriated by |
| 199 | the Legislature, or moneys received from any other source, for |
| 200 | the purpose of this chapter, and all proceeds derived from the |
| 201 | use of such moneys. The fund shall be administered by the |
| 202 | Florida Housing Finance Corporation on behalf of the department, |
| 203 | as specified in this chapter. Money deposited to the fund and |
| 204 | appropriated by the Legislature must, notwithstanding the |
| 205 | provisions of chapter 216 or s. 420.504(3), be transferred |
| 206 | quarterly in advance, to the extent available, or, if not so |
| 207 | available, as soon as received into the State Housing Trust |
| 208 | Fund, and subject to the provisions of s. 420.5092(6)(a) and (b) |
| 209 | by the Chief Financial Officer to the corporation upon |
| 210 | certification by the Secretary of Community Affairs that the |
| 211 | corporation is in compliance with the requirements of s. |
| 212 | 420.0006. The certification made by the secretary shall also |
| 213 | include the split of funds among programs administered by the |
| 214 | corporation and the department as specified in chapter 92-317, |
| 215 | Laws of Florida, as amended. Moneys advanced by the Chief |
| 216 | Financial Officer must be deposited by the corporation into a |
| 217 | separate fund established with a qualified public depository |
| 218 | meeting the requirements of chapter 280 to be named the "State |
| 219 | Housing Fund" and used for the purposes of this chapter. |
| 220 | Administrative and personnel costs incurred in implementing this |
| 221 | chapter may be paid from the State Housing Fund, but such costs |
| 222 | may not exceed 5 percent of the moneys deposited into such fund. |
| 223 | To the State Housing Fund shall be credited all loan repayments, |
| 224 | penalties, and other fees and charges accruing to such fund |
| 225 | under this chapter. It is the intent of this chapter that all |
| 226 | loan repayments, penalties, and other fees and charges collected |
| 227 | be credited in full to the program account from which the loan |
| 228 | originated. Moneys in the State Housing Fund which are not |
| 229 | currently needed for the purposes of this chapter shall be |
| 230 | invested in such manner as is provided for by statute. The |
| 231 | interest received on any such investment shall be credited to |
| 232 | the State Housing Fund. |
| 233 | (2) Notwithstanding any provision of this section to the |
| 234 | contrary and for the 2008-2009 fiscal year only, the corporation |
| 235 | shall return unexpended funds held by the corporation pursuant |
| 236 | to this section to the state as directed by law. This subsection |
| 237 | expires June 30, 2009. |
| 238 | Section 8. In order to implement section 9 of the 2008- |
| 239 | 2009 Special Appropriations Act, section 420.9079, Florida |
| 240 | Statutes, is amended to read: |
| 241 | 420.9079 Local Government Housing Trust Fund.-- |
| 242 | (1) There is created in the State Treasury the Local |
| 243 | Government Housing Trust Fund, which shall be administered by |
| 244 | the corporation on behalf of the department according to the |
| 245 | provisions of ss. 420.907-420.9078 and this section. There shall |
| 246 | be deposited into the fund a portion of the documentary stamp |
| 247 | tax revenues as provided in s. 201.15, moneys received from any |
| 248 | other source for the purposes of ss. 420.907-420.9078 and this |
| 249 | section, and all proceeds derived from the investment of such |
| 250 | moneys. Moneys in the fund that are not currently needed for the |
| 251 | purposes of the programs administered pursuant to ss. 420.907- |
| 252 | 420.9078 and this section shall be deposited to the credit of |
| 253 | the fund and may be invested as provided by law. The interest |
| 254 | received on any such investment shall be credited to the fund. |
| 255 | (2) The corporation shall administer the fund exclusively |
| 256 | for the purpose of implementing the programs described in ss. |
| 257 | 420.907-420.9078 and this section. With the exception of |
| 258 | monitoring the activities of counties and eligible |
| 259 | municipalities to determine local compliance with program |
| 260 | requirements, the corporation shall not receive appropriations |
| 261 | from the fund for administrative or personnel costs. For the |
| 262 | purpose of implementing the compliance monitoring provisions of |
| 263 | s. 420.9075(9), the corporation may request a maximum of one- |
| 264 | quarter of 1 percent of the annual appropriation per state |
| 265 | fiscal year. When such funding is appropriated, the corporation |
| 266 | shall deduct the amount appropriated prior to calculating the |
| 267 | local housing distribution pursuant to ss. 420.9072 and |
| 268 | 420.9073. |
| 269 | (3) Notwithstanding any provision of this section to the |
| 270 | contrary and for the 2008-2009 fiscal year only, the corporation |
| 271 | shall return unexpended funds held by the corporation pursuant |
| 272 | to this section to the state as directed by law. This subsection |
| 273 | expires June 30, 2009. |
| 274 | Section 9. In order to implement section 33 of the 2008- |
| 275 | 2009 Special Appropriations Act, paragraph (f) is added to |
| 276 | subsection (5) of section 215.5601, Florida Statutes, to read: |
| 277 | 215.5601 Lawton Chiles Endowment Fund.-- |
| 278 | (5) AVAILABILITY OF FUNDS; USES.-- |
| 279 | (f) Notwithstanding any provision of this section to the |
| 280 | contrary, during the 2008-2009 fiscal year, up to $400 million |
| 281 | may be transferred from the Lawton Chiles Endowment Fund to the |
| 282 | General Revenue Fund and up to $600 million may be transferred |
| 283 | from the Lawton Chiles Endowment Fund to the Budget |
| 284 | Stabilization Fund. This paragraph expires June 30, 2009. |
| 285 | Section 10. Section 47 of chapter 2008-153, Laws of |
| 286 | Florida, is repealed. |
| 287 | Section 11. A section of this act that implements a |
| 288 | specific appropriation or specifically identified proviso |
| 289 | language in the 2008-2009 Special Appropriations Act is void if |
| 290 | the specific appropriation or specifically identified proviso |
| 291 | language is vetoed. A section of this act that implements more |
| 292 | than one specific appropriation or more than one portion of |
| 293 | specifically identified proviso language in the 2008-2009 |
| 294 | Special Appropriations Act is void if all the specific |
| 295 | appropriations or portions of specifically identified proviso |
| 296 | language are vetoed. |
| 297 | Section 12. If any other act passed in 2009 contains a |
| 298 | provision that is substantively the same as a provision in this |
| 299 | act but that removes or is otherwise not subject to the future |
| 300 | repeal applied to such provision by this act, the Legislature |
| 301 | intends that the provision in the other act shall take |
| 302 | precedence and shall continue to operate notwithstanding the |
| 303 | future repeal provided by this act. |
| 304 | Section 13. If any provision of this act or its |
| 305 | application to any person or circumstance is held invalid, the |
| 306 | invalidity does not affect other provisions or applications of |
| 307 | the act which can be given effect without the invalid provision |
| 308 | or application, and to this end the provisions of this act are |
| 309 | severable. |
| 310 | Section 14. This act shall take effect upon becoming a |
| 311 | law. |
| 312 |
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| 313 |
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| 314 | ----------------------------------------------------- |
| 315 | T I T L E A M E N D M E N T |
| 316 | Remove the entire title and insert: |
| 317 | A bill to be entitled |
| 318 | An act relating to implementing the 2008-2009 Special |
| 319 | Appropriations Act; providing legislative intent; |
| 320 | reenacting s. 215.32(2)(b), F.S., relating to the source |
| 321 | and use of certain trust funds in order to implement the |
| 322 | transfer of moneys to the General Revenue Fund from trust |
| 323 | funds in the 2008-2009 Special Appropriations Act; |
| 324 | amending s. 320.08, F.S.; revising uses of certain |
| 325 | motorcycle and moped license tax fees; amending s. 339.08, |
| 326 | F.S.; authorizing the transfer of specified moneys from |
| 327 | the State Transportation Trust Fund to the General Revenue |
| 328 | Fund; reducing the amount transferred from certain |
| 329 | transportation calculation requirements; amending s. |
| 330 | 339.135, F.S.; providing for use of transportation |
| 331 | revenues; providing for revised funding levels for |
| 332 | Department of Transportation projects; amending ss. |
| 333 | 420.0005 and 420.9079, F.S.; providing for the return of |
| 334 | certain unexpended funds held by the Florida Housing |
| 335 | Finance Corporation to the state as directed by law; |
| 336 | amending s. 215.5601, F.S.; authorizing transfer of |
| 337 | certain funds from the Lawton Chiles Endowment Fund to the |
| 338 | General Revenue Fund and the Budget Stabilization Fund; |
| 339 | repealing s. 47, ch. 2008-153, Laws of Florida, which |
| 340 | authorized and provided conditions for the transfer of |
| 341 | funds from the Budget Stabilization Fund or the Lawton |
| 342 | Chiles Endowment Fund to the General Revenue Fund; |
| 343 | providing for future expiration of various provisions; |
| 344 | providing for reversion of certain provisions; providing |
| 345 | for the effect of a veto of one or more specific |
| 346 | appropriations or proviso to which implementing language |
| 347 | refers; providing for the continued operation of certain |
| 348 | provisions notwithstanding a future repeal or expiration |
| 349 | provided by this act; providing for severability; |
| 350 | providing an effective date. |