ENROLLED
2009 Legislature SB 4-A, 1st Engrossed
20094Aer
1
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.; requiring that proceeds from bonds
15 issued under the Florida Forever Act be deposited into
16 the Florida Forever Trust Fund; revising the
17 distribution of bond proceeds; declaring of no force
18 or effect certain approved or pending acquisitions,
19 contracts, options, or other instruments indicating an
20 intent to purchase; requiring that project lists
21 approved by the Florida Communities Trust Governing
22 Board be amended to provide for an extension of time;
23 amending s. 373.1961, F.S.; providing for the
24 allocation of certain funds for alternative water
25 supply trust fund accounts; providing for the
26 reallocation of such funds for the 2008-2009 fiscal
27 year only; amending s. 403.890, F.S.; revising the
28 distribution of funds from the Water Protection and
29 Sustainability Program Trust Fund; providing for
30 future expiration of such provisions; providing for
31 the reallocation of funds to conform to changes made
32 by the act; amending ss. 420.0005 and 420.9079, F.S.;
33 requiring that the Florida Housing Finance Corporation
34 return to the State Treasury for the 2008-2009 fiscal
35 year only certain unexpended funds held by the
36 corporation; authorizing the corporation to adopt
37 emergency rules; providing legislative findings with
38 respect to the necessity for such emergency rules;
39 exempting the corporation from certain requirements
40 and limitations with respect to the emergency rules;
41 repealing s. 47 of chapter 2008-153, Laws of Florida,
42 relating to transfers of funds from the Budget
43 Stabilization Fund; providing for the effect of a veto
44 of one or more specific appropriations or proviso
45 provisions to which implementing language refers;
46 providing for severability; providing an effective
47 date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. It is the intent of the Legislature that the
52 implementing and administering provisions of this act apply to
53 Senate Bill 2-A, the act making appropriations and reductions in
54 appropriations for the 2008-2009 fiscal year.
55 Section 2. In order to implement the transfer of moneys to
56 the General Revenue Fund from trust funds as provided in Senate
57 Bill 2-A, an act making appropriations and reductions in
58 appropriations for the 2008-2009 fiscal year, paragraph (b) of
59 subsection (2) of section 215.32, Florida Statutes, is reenacted
60 to read:
61 215.32 State funds; segregation.—
62 (2) The source and use of each of these funds shall be as
63 follows:
64 (b)
65 1. The trust funds shall consist of moneys received by the
66 state which under law or under trust agreement are segregated
67 for a purpose authorized by law. The state agency or branch of
68 state government receiving or collecting such moneys shall be
69 responsible for their proper expenditure as provided by law.
70 Upon the request of the state agency or branch of state
71 government responsible for the administration of the trust fund,
72 the Chief Financial Officer may establish accounts within the
73 trust fund at a level considered necessary for proper
74 accountability. Once an account is established within a trust
75 fund, the Chief Financial Officer may authorize payment from
76 that account only upon determining that there is sufficient cash
77 and releases at the level of the account.
78 2. In addition to other trust funds created by law, to the
79 extent possible, each agency shall use the following trust funds
80 as described in this subparagraph for day-to-day operations:
81 a. Operations or operating trust fund, for use as a
82 depository for funds to be used for program operations funded by
83 program revenues, with the exception of administrative
84 activities when the operations or operating trust fund is a
85 proprietary fund.
86 b. Operations and maintenance trust fund, for use as a
87 depository for client services funded by third-party payors.
88 c. Administrative trust fund, for use as a depository for
89 funds to be used for management activities that are departmental
90 in nature and funded by indirect cost earnings and assessments
91 against trust funds. Proprietary funds are excluded from the
92 requirement of using an administrative trust fund.
93 d. Grants and donations trust fund, for use as a depository
94 for funds to be used for allowable grant or donor agreement
95 activities funded by restricted contractual revenue from private
96 and public nonfederal sources.
97 e. Agency working capital trust fund, for use as a
98 depository for funds to be used pursuant to s. 216.272.
99 f. Clearing funds trust fund, for use as a depository for
100 funds to account for collections pending distribution to lawful
101 recipients.
102 g. Federal grant trust fund, for use as a depository for
103 funds to be used for allowable grant activities funded by
104 restricted program revenues from federal sources.
105 To the extent possible, each agency must adjust its internal
106 accounting to use existing trust funds consistent with the
107 requirements of this subparagraph. If an agency does not have
108 trust funds listed in this subparagraph and cannot make such
109 adjustment, the agency must recommend the creation of the
110 necessary trust funds to the Legislature no later than the next
111 scheduled review of the agency's trust funds pursuant to s.
112 215.3206.
113 3. All such moneys are hereby appropriated to be expended
114 in accordance with the law or trust agreement under which they
115 were received, subject always to the provisions of chapter 216
116 relating to the appropriation of funds and to the applicable
117 laws relating to the deposit or expenditure of moneys in the
118 State Treasury.
119 4.a. Notwithstanding any provision of law restricting the
120 use of trust funds to specific purposes, unappropriated cash
121 balances from selected trust funds may be authorized by the
122 Legislature for transfer to the Budget Stabilization Fund and
123 General Revenue Fund in the General Appropriations Act.
124 b. This subparagraph does not apply to trust funds required
125 by federal programs or mandates; trust funds established for
126 bond covenants, indentures, or resolutions whose revenues are
127 legally pledged by the state or public body to meet debt service
128 or other financial requirements of any debt obligations of the
129 state or any public body; the State Transportation Trust Fund;
130 the trust fund containing the net annual proceeds from the
131 Florida Education Lotteries; the Florida Retirement System Trust
132 Fund; trust funds under the management of the State Board of
133 Education or the Board of Governors of the State University
134 System, where such trust funds are for auxiliary enterprises,
135 self-insurance, and contracts, grants, and donations, as those
136 terms are defined by general law; trust funds that serve as
137 clearing funds or accounts for the Chief Financial Officer or
138 state agencies; trust funds that account for assets held by the
139 state in a trustee capacity as an agent or fiduciary for
140 individuals, private organizations, or other governmental units;
141 and other trust funds authorized by the State Constitution.
142 Section 3. In order to implement section 52 of Senate Bill
143 2-A, paragraph (f) is added to subsection (5) of section
144 215.5601, Florida Statutes, to read:
145 215.5601 Lawton Chiles Endowment Fund.—
146 (5) AVAILABILITY OF FUNDS; USES.—
147 (f) Notwithstanding any provision of this section to the
148 contrary, during the 2008-2009 fiscal year, up to $700 million
149 may be transferred from the endowment to the General Revenue
150 Fund. This paragraph expires June 30, 2009.
151 Section 4. It is the intent of the Legislature that the
152 repayment of the distribution from the Lawton Chiles Endowment
153 Fund will begin in the first year that recurring General Revenue
154 Fund receipts are estimated to exceed the prior year’s recurring
155 General Revenue Fund receipts by 5 percent. In addition, it is
156 the intent of the Legislature that, from the growth in general
157 revenue receipts, up to $150 million may be used to repay the
158 fund in each year.
159 Section 5. In order to implement Specific Appropriations
160 620A, 684A, 689A, 689B, and 690 of Senate Bill 2-A, subsections
161 (21) and (22) are added to section 259.105, Florida Statutes, to
162 read:
163 259.105 The Florida Forever Act.—
164 (21) Notwithstanding the provisions of subsection (3),
165 proceeds from bonds issued pursuant to this section as
166 authorized pursuant to Specific Appropriation 1656 of chapter
167 2008-152, Laws of Florida, shall be deposited into the Florida
168 Forever Trust Fund created by s. 259.1051. The first $31.5
169 million of these proceeds shall be distributed by the Department
170 of Environmental Protection in the following manner:
171 (a) Nineteen and four hundredths percent to the Department
172 of Environmental Protection for grants pursuant to s. 375.075.
173 (b) Fourteen and twenty-nine hundredths percent to the
174 Department of Environmental Protection for the purchase of
175 inholdings and additions to state parks and for capital project
176 expenditures as described in this section.
177 (c) Fourteen and twenty-nine hundredths percent to the
178 Division of Forestry of the Department of Agriculture and
179 Consumer Services to fund the acquisition of state forest
180 inholdings and additions pursuant to s. 589.07, the
181 implementation of reforestation plans or sustainable forestry
182 management practices, and for capital project expenditures as
183 described in this section.
184 (d) Fourteen and twenty-nine hundredths percent to the Fish
185 and Wildlife Conservation Commission to fund the acquisition of
186 inholdings and additions to lands managed by the commission
187 which are important to the conservation of fish and wildlife and
188 for capital project expenditures as described in this section.
189 (e) Fourteen and twenty-nine hundredths percent to the
190 Department of Environmental Protection for the Florida Greenways
191 and Trails Program, to acquire greenways and trails or greenways
192 and trail systems pursuant to chapter 260, including, but not
193 limited to, abandoned railroad rights-of-way and the Florida
194 National Scenic Trail and for capital project expenditures as
195 described in this section.
196 (f) Twenty-three and eight-tenths percent to the Department
197 of Community Affairs for the acquisition of land and capital
198 project expenditures necessary to implement the Stan Mayfield
199 Working Waterfronts Program within the Florida Communities Trust
200 pursuant to s. 380.5105.
201 (22)(a) Of the money remaining in the Florida Forever Trust
202 Fund, the distribution shall be made as follows:
203 1. To purchase lands acquired by third parties with the
204 understanding that the state would reimburse and take title of
205 the land and the land was identified in a multiparty acquisition
206 agreement or acquired pursuant to statute. The multiparty
207 agreements must have been entered into by the Division of State
208 Lands of the Department of Environmental Protection prior to
209 January 1, 2009. These acquisitions are not subject to the
210 provisions of paragraph (b).
211 2. To the Department of Environmental Protection from
212 interest earnings and from the money remaining an amount
213 sufficient to cover previously expended funds from the 2008-2009
214 fiscal year.
215 3. The remaining funds shall be distributed pursuant to the
216 General Appropriations Act in effect when the appropriation was
217 made.
218 (b) For those programs receiving funds from the Florida
219 Forever Trust Fund, any approved or pending acquisitions,
220 contracts, options, or other instruments used to indicate an
221 intent to purchase shall not be performed but are hereby
222 discharged and of no further force or effect.
223 (c) Project lists that have been approved for funding by
224 the Florida Communities Trust Governing Board shall remain in
225 force and effect but project grants shall be amended to provide
226 for an extension until such time that funds become available to
227 complete the terms of the grant. Such extension of time shall be
228 conditioned upon the project being reappraised prior to the
229 expenditure of funds. The new appraisals shall be submitted to
230 the governing board of the trust and the terms of the grant
231 shall be amended as necessary.
232 Section 6. In order to implement Specific Appropriation 701
233 of Senate Bill 2-A, subsection (6) is added to section 373.1961,
234 Florida Statutes, to read:
235 373.1961 Water production; general powers and duties;
236 identification of needs; funding criteria; economic incentives;
237 reuse funding.—
238 (6) For the 2008-2009 fiscal year only, funds remaining to
239 be distributed, after the distribution provided for in
240 subsection (5), pursuant to paragraph (3)(b) shall be allocated
241 as follows:
242 (a) Fifty percent to the Northwest Florida Water Management
243 District.
244 (b) Fifty percent to the Suwannee River Water Management
245 District.
246 Section 7. To the extent that revenues have been
247 distributed before March 1, 2009, for the 2008-2009 fiscal year
248 in excess of the amounts authorized in s. 373.1961(6), Florida
249 Statutes, the Department of Environmental Protection shall
250 reallocate funds so that the total distribution in the 2008-2009
251 fiscal year is consistent with the distribution set forth in s.
252 373.1961, Florida Statutes.
253 Section 8. In order to implement Specific Appropriations
254 616, 697, 700, and 701 of Senate Bill 2-A, subsection (3) of
255 section 403.890, Florida Statutes, is amended, and subsection
256 (6) is added to that section, to read:
257 403.890 Water Protection and Sustainability Program;
258 intent; goals; purposes.—
259 (3) In addition to the uses allowed in subsection (1) For
260 the 2008-2009 fiscal year only, moneys in the Water Protection
261 and Sustainability Program Trust Fund shall be transferred to
262 the Ecosystem Management and Restoration Trust Fund for grants
263 and aids to local governments for water projects as provided in
264 the General Appropriations Act. This subsection expires July 1,
265 2009.
266 (6) For the 2008-2009 fiscal year only, in lieu of the
267 distributions authorized in subsection (2) for revenues
268 transferred from the Department of Revenue pursuant to s.
269 201.15(1)(c)2., and after the distribution authorized in
270 subsection (3), remaining funds shall be distributed as follows:
271 (a) Thirty-one and twenty-one hundredths percent to the
272 Department of Environmental Protection for the implementation of
273 an alternative water supply program as provided in s. 373.1961.
274 (b) Twenty-six and eighty-seven hundredths percent for the
275 implementation of best-management practices and capital project
276 expenditures necessary for the implementation of the goals of
277 the total maximum daily load program established in s. 403.067.
278 Of these funds, 86 percent shall be transferred to the credit of
279 the Water Quality Assurance Trust Fund of the Department of
280 Environmental Protection to address water quality impacts
281 associated with nonagricultural nonpoint sources. Fourteen
282 percent of these funds shall be transferred to the General
283 Inspection Trust Fund of the Department of Agriculture and
284 Consumer Services to address water quality impacts associated
285 with agricultural nonpoint sources. These funds shall be used
286 for research, development, demonstration, and implementation of
287 the total maximum daily load program under s. 403.067, suitable
288 best-management practices, or other measures used to achieve
289 water quality standards in surface waters and water segments
290 identified pursuant to s. 303(d) of the Clean Water Act, Pub. L.
291 No. 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
292 management practices and other measures may include cost-share
293 grants, technical assistance, implementation tracking, and
294 conservation leases or other agreements for water quality
295 improvement. The Department of Environmental Protection and the
296 Department of Agriculture and Consumer Services may adopt rules
297 governing the distribution of funds for implementation of
298 capital projects, best-management practices, and other measures.
299 These funds may not be used to abrogate the financial
300 responsibility of those point and nonpoint sources that have
301 contributed to the degradation of water or land areas. Increased
302 priority shall be given by the department and the water
303 management district governing boards to those projects that have
304 secured a cost-sharing agreement that allocates responsibility
305 for the cleanup of point and nonpoint sources.
306 (c) Forty-one and ninety-two hundredths percent to the
307 Department of Environmental Protection for the Disadvantaged
308 Small Community Wastewater Grant Program as provided in s.
309 403.1838.
310 This subsection expires July 1, 2009.
311 Section 9. To the extent that revenues have been
312 distributed before March 1, 2009, for the 2008-2009 fiscal year
313 in excess of the amounts authorized in s. 403.890(6), Florida
314 Statutes, the Department of Environmental Protection shall
315 reallocate funds so that the total distribution in the 2008-2009
316 fiscal year is consistent with the distribution set forth in s.
317 403.890(6), Florida Statutes.
318 Section 10. In order to implement sections 44 through 47 of
319 Senate Bill 2-A, section 420.0005, Florida Statutes, is amended
320 to read:
321 420.0005 State Housing Trust Fund; State Housing Fund.—
322 (1) There is hereby established in the State Treasury a
323 separate trust fund to be named the “State Housing Trust Fund.”
324 There shall be deposited in the fund all moneys appropriated by
325 the Legislature, or moneys received from any other source, for
326 the purpose of this chapter, and all proceeds derived from the
327 use of such moneys. The fund shall be administered by the
328 Florida Housing Finance Corporation on behalf of the department,
329 as specified in this chapter. Money deposited to the fund and
330 appropriated by the Legislature must, notwithstanding the
331 provisions of chapter 216 or s. 420.504(3), be transferred
332 quarterly in advance, to the extent available, or, if not so
333 available, as soon as received into the State Housing Trust
334 Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
335 by the Chief Financial Officer to the corporation upon
336 certification by the Secretary of Community Affairs that the
337 corporation is in compliance with the requirements of s.
338 420.0006. The certification made by the secretary shall also
339 include the split of funds among programs administered by the
340 corporation and the department as specified in chapter 92-317,
341 Laws of Florida, as amended. Moneys advanced by the Chief
342 Financial Officer must be deposited by the corporation into a
343 separate fund established with a qualified public depository
344 meeting the requirements of chapter 280 to be named the “State
345 Housing Fund” and used for the purposes of this chapter.
346 Administrative and personnel costs incurred in implementing this
347 chapter may be paid from the State Housing Fund, but such costs
348 may not exceed 5 percent of the moneys deposited into such fund.
349 To the State Housing Fund shall be credited all loan repayments,
350 penalties, and other fees and charges accruing to such fund
351 under this chapter. It is the intent of this chapter that all
352 loan repayments, penalties, and other fees and charges collected
353 be credited in full to the program account from which the loan
354 originated. Moneys in the State Housing Fund which are not
355 currently needed for the purposes of this chapter shall be
356 invested in such manner as is provided for by statute. The
357 interest received on any such investment shall be credited to
358 the State Housing Fund.
359 (2) Notwithstanding any provision of this section to the
360 contrary and for the 2008-2009 fiscal year only, the corporation
361 shall return unexpended funds held by the corporation pursuant
362 to this section and part V of this chapter to the State Treasury
363 as directed by law. This subsection expires June 30, 2009.
364 Section 11. In order to implement sections 44 through 47 of
365 Senate Bill 2-A, section 420.9079, Florida Statutes, is amended
366 to read:
367 420.9079 Local Government Housing Trust Fund.—
368 (1) There is created in the State Treasury the Local
369 Government Housing Trust Fund, which shall be administered by
370 the corporation on behalf of the department according to the
371 provisions of ss. 420.907-420.9078 and this section. There shall
372 be deposited into the fund a portion of the documentary stamp
373 tax revenues as provided in s. 201.15, moneys received from any
374 other source for the purposes of ss. 420.907-420.9078 and this
375 section, and all proceeds derived from the investment of such
376 moneys. Moneys in the fund that are not currently needed for the
377 purposes of the programs administered pursuant to ss. 420.907
378 420.9078 and this section shall be deposited to the credit of
379 the fund and may be invested as provided by law. The interest
380 received on any such investment shall be credited to the fund.
381 (2) The corporation shall administer the fund exclusively
382 for the purpose of implementing the programs described in ss.
383 420.907-420.9078 and this section. With the exception of
384 monitoring the activities of counties and eligible
385 municipalities to determine local compliance with program
386 requirements, the corporation shall not receive appropriations
387 from the fund for administrative or personnel costs. For the
388 purpose of implementing the compliance monitoring provisions of
389 s. 420.9075(9), the corporation may request a maximum of one
390 quarter of 1 percent of the annual appropriation per state
391 fiscal year. When such funding is appropriated, the corporation
392 shall deduct the amount appropriated prior to calculating the
393 local housing distribution pursuant to ss. 420.9072 and
394 420.9073.
395 (3) Notwithstanding any provision of this section to the
396 contrary and for the 2008-2009 fiscal year only, the corporation
397 shall return unexpended funds held by the corporation pursuant
398 to this section and part V of this chapter to the State Treasury
399 as directed by law. This subsection expires June 30, 2009.
400 Section 12. In order to ensure that the funds transferred
401 by sections 44 through 47 of SB 2-A are available, the Florida
402 Housing Finance Corporation shall adopt emergency rules pursuant
403 to s. 120.54, Florida Statutes. The Legislature finds that
404 emergency rules adopted pursuant to this section meet the
405 health, safety, and welfare requirement of s. 120.54(4), Florida
406 Statutes. The Legislature finds that such emergency rulemaking
407 power is necessitated by the immediate danger to the
408 preservation of the rights and welfare of the people and is
409 immediately necessary in order to implement the action of the
410 Legislature to address the revenue shortfall of the 2008-2009
411 fiscal year. Therefore, in adopting such emergency rules, the
412 corporation need not publish the facts, reasons, and findings
413 required by s. 120.54(4)(a)3., Florida Statutes. Emergency rules
414 adopted under this section are exempt from s. 120.54(4)(c),
415 Florida Statutes, and shall remain in effect for 180 days.
416 Section 13. Section 47 of chapter 2008-153, Laws of
417 Florida, is repealed.
418 Section 14. Any section of this act which implements a
419 specific appropriation or specifically identified proviso
420 language in the act making appropriations and reductions in
421 appropriations for the 2008-2009 fiscal year is void if the
422 specific appropriation or specifically identified proviso
423 language is vetoed. Any section of this act which implements
424 more than one specific appropriation or more than one portion of
425 specifically identified proviso language in the act making
426 appropriations and reductions in appropriations for the 2008
427 2009 fiscal year is void if all the specific appropriations or
428 portions of specifically identified proviso language are vetoed.
429 Section 15. If any provision of this act or its application
430 to any person or circumstance is held invalid, the invalidity
431 does not affect other provisions or applications of the act
432 which can be given effect without the invalid provision or
433 application, and to this end the provisions of this act are
434 severable.
435 Section 16. This act shall take effect upon becoming a law.