Florida Senate - 2009 SB 4-A By the Committee on Policy and Steering Committee on Ways and Means 576-00128-09A 20094A__ 1 A bill to be entitled 2 An act implementing the 2008-2009 Special 3 Appropriations Act; providing legislative intent; 4 reenacting s. 215.32(2)(b), F.S., relating to the 5 source and use of certain trust funds, in order to 6 implement the transfer of moneys to the General 7 Revenue Fund from trust funds as provided in the 2008 8 2009 Special Appropriations Act; amending s. 215.5601, 9 F.S.; authorizing the transfer of funds from the 10 Lawton Chiles Endowment Fund to the General Revenue 11 Fund for the 2008-2009 fiscal year; providing 12 legislative intent with respect to the repayment of 13 moneys to the Lawton Chiles Endowment Fund; amending 14 s. 259.105, F.S.; providing for the proceeds of 15 certain bonds issued under the Florida Forever program 16 to be deposited into the Florida Forever Trust Fund; 17 providing for the distribution of funds to the 18 Department of Environmental Protection, the Department 19 of Agriculture and Consumer Services, the Fish and 20 Wildlife Conservation Commission, and the Department 21 of Community Affairs to be used for the acquisition of 22 lands, capital project expenditures, and other 23 purposes; requiring that certain approved or pending 24 acquisitions, contracts, or other instruments be 25 allowed to lapse; requiring the reassessment of 26 certain acquisitions; amending ss. 420.0005 and 27 420.9079, F.S.; requiring that the Florida Housing 28 Finance Corporation return to the State Treasury for 29 the 2008-2009 fiscal year only certain unexpended 30 funds held by the corporation; providing for the 31 effect of a veto of one or more specific 32 appropriations or proviso provisions to which 33 implementing language refers; providing for 34 severability; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. It is the intent of the Legislature that the 39 implementing and administering provisions of this act apply to 40 Senate Bill 2-A, the act making appropriations and reductions in 41 appropriations for the 2008-2009 fiscal year. 42 Section 2. In order to implement the transfer of moneys to 43 the General Revenue Fund from trust funds as provided in Senate 44 Bill 2-A, an act making appropriations and reductions in 45 appropriations for the 2008-2009 fiscal year, paragraph (b) of 46 subsection (2) of section 215.32, Florida Statutes, is reenacted 47 to read: 48 215.32 State funds; segregation.— 49 (2) The source and use of each of these funds shall be as 50 follows: 51 (b) 52 1. The trust funds shall consist of moneys received by the 53 state which under law or under trust agreement are segregated 54 for a purpose authorized by law. The state agency or branch of 55 state government receiving or collecting such moneys shall be 56 responsible for their proper expenditure as provided by law. 57 Upon the request of the state agency or branch of state 58 government responsible for the administration of the trust fund, 59 the Chief Financial Officer may establish accounts within the 60 trust fund at a level considered necessary for proper 61 accountability. Once an account is established within a trust 62 fund, the Chief Financial Officer may authorize payment from 63 that account only upon determining that there is sufficient cash 64 and releases at the level of the account. 65 2. In addition to other trust funds created by law, to the 66 extent possible, each agency shall use the following trust funds 67 as described in this subparagraph for day-to-day operations: 68 a. Operations or operating trust fund, for use as a 69 depository for funds to be used for program operations funded by 70 program revenues, with the exception of administrative 71 activities when the operations or operating trust fund is a 72 proprietary fund. 73 b. Operations and maintenance trust fund, for use as a 74 depository for client services funded by third-party payors. 75 c. Administrative trust fund, for use as a depository for 76 funds to be used for management activities that are departmental 77 in nature and funded by indirect cost earnings and assessments 78 against trust funds. Proprietary funds are excluded from the 79 requirement of using an administrative trust fund. 80 d. Grants and donations trust fund, for use as a depository 81 for funds to be used for allowable grant or donor agreement 82 activities funded by restricted contractual revenue from private 83 and public nonfederal sources. 84 e. Agency working capital trust fund, for use as a 85 depository for funds to be used pursuant to s. 216.272. 86 f. Clearing funds trust fund, for use as a depository for 87 funds to account for collections pending distribution to lawful 88 recipients. 89 g. Federal grant trust fund, for use as a depository for 90 funds to be used for allowable grant activities funded by 91 restricted program revenues from federal sources. 92 To the extent possible, each agency must adjust its internal 93 accounting to use existing trust funds consistent with the 94 requirements of this subparagraph. If an agency does not have 95 trust funds listed in this subparagraph and cannot make such 96 adjustment, the agency must recommend the creation of the 97 necessary trust funds to the Legislature no later than the next 98 scheduled review of the agency's trust funds pursuant to s. 99 215.3206. 100 3. All such moneys are hereby appropriated to be expended 101 in accordance with the law or trust agreement under which they 102 were received, subject always to the provisions of chapter 216 103 relating to the appropriation of funds and to the applicable 104 laws relating to the deposit or expenditure of moneys in the 105 State Treasury. 106 4.a. Notwithstanding any provision of law restricting the 107 use of trust funds to specific purposes, unappropriated cash 108 balances from selected trust funds may be authorized by the 109 Legislature for transfer to the Budget Stabilization Fund and 110 General Revenue Fund in the General Appropriations Act. 111 b. This subparagraph does not apply to trust funds required 112 by federal programs or mandates; trust funds established for 113 bond covenants, indentures, or resolutions whose revenues are 114 legally pledged by the state or public body to meet debt service 115 or other financial requirements of any debt obligations of the 116 state or any public body; the State Transportation Trust Fund; 117 the trust fund containing the net annual proceeds from the 118 Florida Education Lotteries; the Florida Retirement System Trust 119 Fund; trust funds under the management of the State Board of 120 Education or the Board of Governors of the State University 121 System, where such trust funds are for auxiliary enterprises, 122 self-insurance, and contracts, grants, and donations, as those 123 terms are defined by general law; trust funds that serve as 124 clearing funds or accounts for the Chief Financial Officer or 125 state agencies; trust funds that account for assets held by the 126 state in a trustee capacity as an agent or fiduciary for 127 individuals, private organizations, or other governmental units; 128 and other trust funds authorized by the State Constitution. 129 Section 3. In order to implement section 50 of Senate Bill 130 2-A, paragraph (f) is added to subsection (5) of section 131 215.5601, Florida Statutes, to read: 132 215.5601 Lawton Chiles Endowment Fund.— 133 (5) AVAILABILITY OF FUNDS; USES.— 134 (f) Notwithstanding any provision of this section to the 135 contrary, during the 2008-2009 fiscal year, up to $700 million 136 may be transferred from the endowment to the General Revenue 137 Fund. This paragraph expires June 30, 2009. 138 Section 4. It is the intent of the Legislature that the 139 repayment of the distribution from the Lawton Chiles Endowment 140 Fund will begin in the first year that recurring General Revenue 141 Fund receipts are estimated to exceed the prior year’s recurring 142 General Revenue Fund receipts by 5 percent. In addition, it is 143 the intent of the Legislature that, from the growth in general 144 revenue receipts, up to $150 million may be used to repay the 145 fund in each year. 146 Section 5. In order to implement Specific Appropriations 147 620A, 684A, 689A, 689B, and 690 of Senate Bill 2-A, subsections 148 (21) and (22) are added to section 259.105, Florida Statutes, to 149 read: 150 259.105 The Florida Forever Act.— 151 (21) Notwithstanding the provisions of subsection (3), 152 proceeds from the issuance of bonds issued pursuant to this 153 section as authorized pursuant to Specific Appropriation 1656 of 154 chapter 2008-152, Laws of Florida, shall be deposited into the 155 Florida Forever Trust Fund created by s. 259.1051. The first 156 $31.5 million of these proceeds shall be distributed by the 157 Department of Environmental Protection in the following manner: 158 (a) Nineteen and five hundredths percent to the Department 159 of Environmental Protection for grants pursuant to s. 375.075. 160 (b) Fourteen and twenty-nine hundredths percent to the 161 Department of Environmental Protection for the purchase of 162 inholdings and additions to state parks and for capital project 163 expenditures as described in this section. 164 (c) Fourteen and twenty-nine hundredths percent to the 165 Division of Forestry of the Department of Agriculture and 166 Consumer Services to fund the acquisition of state forest 167 inholdings and additions pursuant to s. 589.07, to fund the 168 implementation of reforestation plans or sustainable forestry 169 management practices, and for capital project expenditures as 170 described in this section. 171 (d) Fourteen and twenty-nine hundredths percent to the Fish 172 and Wildlife Conservation Commission to fund the acquisition of 173 inholdings and additions to lands managed by the commission 174 which are important to the conservation of fish and wildlife and 175 for capital project expenditures as described in this section. 176 (e) Fourteen and twenty-nine hundredths percent to the 177 Department of Environmental Protection for the Florida Greenways 178 and Trails Program to acquire greenways and trails or greenways 179 and trail systems pursuant to chapter 260, including, but not 180 limited to, abandoned railroad rights-of-way and the Florida 181 National Scenic Trail and for capital project expenditures as 182 described in this section. 183 (f) Twenty-three and eighty-one hundredths percent to the 184 Department of Community Affairs for the acquisition of land and 185 capital project expenditures necessary to implement the Stan 186 Mayfield Working Waterfronts Program within the Florida 187 Communities Trust pursuant to s. 380.5105. 188 (22)(a) Of the money remaining in the Florida Forever Trust 189 Fund, the distribution formula shall be as it existed when the 190 appropriation was made. 191 (b) For those programs receiving funds, any approved or 192 pending acquisitions, contracts, options, or other instruments 193 used to indicate an intent to purchase shall be allowed to 194 lapse. 195 (c) All acquisitions effected by paragraph (b) shall be 196 reassessed to determine if the proposed purchase price exceeds 197 the current value of the property or easement. 198 (d) Once the requirements of paragraph (c) have been met, 199 funds may be expended as provided in subsection (21) and 200 paragraph (a). 201 Section 6. In order to implement sections 45 through 48 of 202 Senate Bill 2-A, section 420.0005, Florida Statutes, is amended 203 to read: 204 420.0005 State Housing Trust Fund; State Housing Fund.— 205 (1) There is hereby established in the State Treasury a 206 separate trust fund to be named the “State Housing Trust Fund.” 207 There shall be deposited in the fund all moneys appropriated by 208 the Legislature, or moneys received from any other source, for 209 the purpose of this chapter, and all proceeds derived from the 210 use of such moneys. The fund shall be administered by the 211 Florida Housing Finance Corporation on behalf of the department, 212 as specified in this chapter. Money deposited to the fund and 213 appropriated by the Legislature must, notwithstanding the 214 provisions of chapter 216 or s. 420.504(3), be transferred 215 quarterly in advance, to the extent available, or, if not so 216 available, as soon as received into the State Housing Trust 217 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b) 218 by the Chief Financial Officer to the corporation upon 219 certification by the Secretary of Community Affairs that the 220 corporation is in compliance with the requirements of s. 221 420.0006. The certification made by the secretary shall also 222 include the split of funds among programs administered by the 223 corporation and the department as specified in chapter 92-317, 224 Laws of Florida, as amended. Moneys advanced by the Chief 225 Financial Officer must be deposited by the corporation into a 226 separate fund established with a qualified public depository 227 meeting the requirements of chapter 280 to be named the “State 228 Housing Fund” and used for the purposes of this chapter. 229 Administrative and personnel costs incurred in implementing this 230 chapter may be paid from the State Housing Fund, but such costs 231 may not exceed 5 percent of the moneys deposited into such fund. 232 To the State Housing Fund shall be credited all loan repayments, 233 penalties, and other fees and charges accruing to such fund 234 under this chapter. It is the intent of this chapter that all 235 loan repayments, penalties, and other fees and charges collected 236 be credited in full to the program account from which the loan 237 originated. Moneys in the State Housing Fund which are not 238 currently needed for the purposes of this chapter shall be 239 invested in such manner as is provided for by statute. The 240 interest received on any such investment shall be credited to 241 the State Housing Fund. 242 (2) Notwithstanding any provision of this section to the 243 contrary and for the 2008-2009 fiscal year only, the corporation 244 shall return unexpended funds held by the corporation pursuant 245 to this section to the State Treasury as directed by law. This 246 subsection expires June 30, 2009. 247 Section 7. In order to implement sections 45 through 48 of 248 Senate Bill 2-A, section 420.9079, Florida Statutes, is amended 249 to read: 250 420.9079 Local Government Housing Trust Fund.— 251 (1) There is created in the State Treasury the Local 252 Government Housing Trust Fund, which shall be administered by 253 the corporation on behalf of the department according to the 254 provisions of ss. 420.907-420.9078 and this section. There shall 255 be deposited into the fund a portion of the documentary stamp 256 tax revenues as provided in s. 201.15, moneys received from any 257 other source for the purposes of ss. 420.907-420.9078 and this 258 section, and all proceeds derived from the investment of such 259 moneys. Moneys in the fund that are not currently needed for the 260 purposes of the programs administered pursuant to ss. 420.907 261 420.9078 and this section shall be deposited to the credit of 262 the fund and may be invested as provided by law. The interest 263 received on any such investment shall be credited to the fund. 264 (2) The corporation shall administer the fund exclusively 265 for the purpose of implementing the programs described in ss. 266 420.907-420.9078 and this section. With the exception of 267 monitoring the activities of counties and eligible 268 municipalities to determine local compliance with program 269 requirements, the corporation shall not receive appropriations 270 from the fund for administrative or personnel costs. For the 271 purpose of implementing the compliance monitoring provisions of 272 s. 420.9075(9), the corporation may request a maximum of one 273 quarter of 1 percent of the annual appropriation per state 274 fiscal year. When such funding is appropriated, the corporation 275 shall deduct the amount appropriated prior to calculating the 276 local housing distribution pursuant to ss. 420.9072 and 277 420.9073. 278 (3) Notwithstanding any provision of this section to the 279 contrary and for the 2008-2009 fiscal year only, the corporation 280 shall return unexpended funds held by the corporation pursuant 281 to this section to the State Treasury as directed by law. This 282 subsection expires June 30, 2009. 283 Section 8. Any section of this act which implements a 284 specific appropriation or specifically identified proviso 285 language in the act making appropriations and reductions in 286 appropriations for the 2008-2009 fiscal year is void if the 287 specific appropriation or specifically identified proviso 288 language is vetoed. Any section of this act which implements 289 more than one specific appropriation or more than one portion of 290 specifically identified proviso language in the act making 291 appropriations and reductions in appropriations for the 2008 292 2009 fiscal year is void if all the specific appropriations or 293 portions of specifically identified proviso language are vetoed. 294 Section 9. If any provision of this act or its application 295 to any person or circumstance is held invalid, the invalidity 296 does not affect other provisions or applications of the act 297 which can be given effect without the invalid provision or 298 application, and to this end the provisions of this act are 299 severable. 300 Section 10. This act shall take effect upon becoming a law.