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