HB 5003A

1
A bill to be entitled
2An act relating to implementing the 2008-2009 Special
3Appropriations Act; providing legislative intent;
4reenacting s. 215.32(2)(b), F.S., relating to the source
5and use of certain trust funds in order to implement the
6transfer of moneys to the General Revenue Fund from trust
7funds in the 2008-2009 Special Appropriations Act;
8amending s. 320.08, F.S.; revising uses of certain
9motorcycle and moped license tax fees; amending s. 339.08,
10F.S.; authorizing the transfer of specified moneys from
11the State Transportation Trust Fund to the General Revenue
12Fund; reducing the amount transferred from certain
13transportation calculation requirements; amending s.
14339.135, F.S.; providing for use of transportation
15revenues; providing for revised funding levels for
16Department of Transportation projects; amending ss.
17420.0005 and 420.9079, F.S.; providing for the return of
18certain unexpended funds held by the Florida Housing
19Finance Corporation to the state as directed by law;
20providing for future expiration of various provisions;
21providing for reversion of certain provisions; providing
22for the effect of a veto of one or more specific
23appropriations or proviso to which implementing language
24refers; providing for the continued operation of certain
25provisions notwithstanding a future repeal or expiration
26provided by this act; providing for severability;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  It is the intent of the Legislature that the
32implementing and administering provisions of this act apply to
33the Special Appropriations Act for the 2008-2009 fiscal year.
34     Section 2.  In order to implement the transfer of moneys to
35the General Revenue Fund from trust funds in the 2008-2009
36Special Appropriations Act, paragraph (b) of subsection (2) of
37section 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
40follows:
41     (b)1.  The trust funds shall consist of moneys received by
42the state which under law or under trust agreement are
43segregated for a purpose authorized by law. The state agency or
44branch of state government receiving or collecting such moneys
45shall be responsible for their proper expenditure as provided by
46law. Upon the request of the state agency or branch of state
47government responsible for the administration of the trust fund,
48the Chief Financial Officer may establish accounts within the
49trust fund at a level considered necessary for proper
50accountability. Once an account is established within a trust
51fund, the Chief Financial Officer may authorize payment from
52that account only upon determining that there is sufficient cash
53and releases at the level of the account.
54     2.  In addition to other trust funds created by law, to the
55extent possible, each agency shall use the following trust funds
56as described in this subparagraph for day-to-day operations:
57     a.  Operations or operating trust fund, for use as a
58depository for funds to be used for program operations funded by
59program revenues, with the exception of administrative
60activities when the operations or operating trust fund is a
61proprietary fund.
62     b.  Operations and maintenance trust fund, for use as a
63depository for client services funded by third-party payors.
64     c.  Administrative trust fund, for use as a depository for
65funds to be used for management activities that are departmental
66in nature and funded by indirect cost earnings and assessments
67against trust funds. Proprietary funds are excluded from the
68requirement of using an administrative trust fund.
69     d.  Grants and donations trust fund, for use as a
70depository for funds to be used for allowable grant or donor
71agreement activities funded by restricted contractual revenue
72from private and public nonfederal sources.
73     e.  Agency working capital trust fund, for use as a
74depository for funds to be used pursuant to s. 216.272.
75     f.  Clearing funds trust fund, for use as a depository for
76funds to account for collections pending distribution to lawful
77recipients.
78     g.  Federal grant trust fund, for use as a depository for
79funds to be used for allowable grant activities funded by
80restricted program revenues from federal sources.
81
82To the extent possible, each agency must adjust its internal
83accounting to use existing trust funds consistent with the
84requirements of this subparagraph. If an agency does not have
85trust funds listed in this subparagraph and cannot make such
86adjustment, the agency must recommend the creation of the
87necessary trust funds to the Legislature no later than the next
88scheduled review of the agency's trust funds pursuant to s.
89215.3206.
90     3.  All such moneys are hereby appropriated to be expended
91in accordance with the law or trust agreement under which they
92were received, subject always to the provisions of chapter 216
93relating to the appropriation of funds and to the applicable
94laws relating to the deposit or expenditure of moneys in the
95State Treasury.
96     4.a.  Notwithstanding any provision of law restricting the
97use of trust funds to specific purposes, unappropriated cash
98balances from selected trust funds may be authorized by the
99Legislature for transfer to the Budget Stabilization Fund and
100General Revenue Fund in the General Appropriations Act.
101     b.  This subparagraph does not apply to trust funds
102required by federal programs or mandates; trust funds
103established for bond covenants, indentures, or resolutions whose
104revenues are legally pledged by the state or public body to meet
105debt service or other financial requirements of any debt
106obligations of the state or any public body; the State
107Transportation Trust Fund; the trust fund containing the net
108annual proceeds from the Florida Education Lotteries; the
109Florida Retirement System Trust Fund; trust funds under the
110management of the State Board of Education or the Board of
111Governors of the State University System, where such trust funds
112are for auxiliary enterprises, self-insurance, and contracts,
113grants, and donations, as those terms are defined by general
114law; trust funds that serve as clearing funds or accounts for
115the Chief Financial Officer or state agencies; trust funds that
116account for assets held by the state in a trustee capacity as an
117agent or fiduciary for individuals, private organizations, or
118other governmental units; and other trust funds authorized by
119the State Constitution.
120     Section 3.  In order to implement section 20 of the 2008-
1212009 Special Appropriations Act, paragraph (c) of subsection (1)
122of section 320.08, Florida Statutes, is amended to read:
123     320.08  License taxes.--Except as otherwise provided
124herein, there are hereby levied and imposed annual license taxes
125for the operation of motor vehicles, mopeds, motorized bicycles
126as defined in s. 316.003(2), and mobile homes, as defined in s.
127320.01, which shall be paid to and collected by the department
128or its agent upon the registration or renewal of registration of
129the following:
130     (1)  MOTORCYCLES AND MOPEDS.--
131     (c)  Upon registration of any motorcycle, motor-driven
132cycle, or moped there shall be paid in addition to the license
133taxes specified in this subsection a nonrefundable motorcycle
134safety education fee in the amount of $2.50. The proceeds of
135such additional fee shall be deposited in the Highway Safety
136Operating Trust Fund and be used exclusively to fund a
137motorcycle driver improvement program implemented pursuant to s.
138322.025, or the Florida Motorcycle Safety Education Program
139established in s. 322.0255, or the general operations of the
140department.
141     Section 4.  The amendments to s. 320.08, Florida Statutes,
142made by this act shall expire July 1, 2009, and the text of that
143section shall revert to that in existence on the day before the
144effective date of this act, except that any amendments to such
145text enacted other than by this act shall be preserved and
146continue to operate to the extent that such amendments are not
147dependent upon the portions of such text that expire pursuant to
148this section.
149     Section 5.  In order to implement section 20 of the 2008-
1502009 Special Appropriations Act, subsection (4) is added to
151section 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
154the provisions of this section and ss. 339.09(1) and
155215.32(2)(b)4., $200 million may be transferred from the State
156Transportation Trust Fund to the General Revenue Fund.
157Notwithstanding ss. 206.46(3) and 206.606(2), the total amount
158transferred shall be reduced from total state revenues deposited
159into the State Transportation Trust Fund for the calculation
160requirements of ss. 206.46(3) and 206.606(2). This subsection
161expires July 1, 2009.
162     Section 6.  In order to implement section 20 of the 2008-
1632009 Special Appropriations Act, paragraph (a) of subsection (4)
164of section 339.135, Florida Statutes, is amended to read:
165     339.135  Work program; legislative budget request;
166definitions; 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
169for local efforts to improve the State Highway System, the
170department shall, for the purpose of developing a tentative work
171program, allocate funds for new construction to the districts,
172except for the turnpike enterprise, based on equal parts of
173population and motor fuel tax collections. Funds for
174resurfacing, bridge repair and rehabilitation, bridge fender
175system construction or repair, public transit projects except
176public transit block grants as provided in s. 341.052, and other
177programs with quantitative needs assessments shall be allocated
178based on the results of these assessments. The department may
179not transfer any funds allocated to a district under this
180paragraph to any other district except as provided in subsection
181(7). Funds for public transit block grants shall be allocated to
182the districts pursuant to s. 341.052. Funds for the intercity
183bus program provided for under s. 5311(f) of the federal
184nonurbanized area formula program shall be administered and
185allocated directly to eligible bus carriers as defined in s.
186341.031(12) at the state level rather than the district. In
187order to provide state funding to support the intercity bus
188program provided for under provisions of the federal 5311(f)
189program, the department shall allocate an amount equal to the
190federal share of the 5311(f) program from amounts calculated
191pursuant to s. 206.46(3).
192     2.  Notwithstanding the provisions of subparagraph 1., the
193department shall allocate at least 50 percent of any new
194discretionary highway capacity funds to the Florida Strategic
195Intermodal System created pursuant to s. 339.61. Any remaining
196new discretionary highway capacity funds shall be allocated to
197the districts for new construction as provided in subparagraph
1981. For the purposes of this subparagraph, the term "new
199discretionary highway capacity funds" means any funds available
200to the department above the prior year funding level for
201capacity improvements, which the department has the discretion
202to allocate to highway projects.
203     3.  Notwithstanding subparagraph 1. and ss. 206.46(3),
204334.044(26), and 339.2819(3) in fiscal year 2008-2009, the
205department shall reduce work program levels to balance the
206finance plan to the revised funding levels resulting from any
207reduction in the 2008-2009 Special Appropriations Act. This
208subparagraph expires July 1, 2009.
209     4.  Prior to any project or phase thereof being deferred,
210such reductions shall be made to financial projects not
211programmed for contract letting as identified with a work
212program contract class code 8 and the box code RV, excluding
213reserves for rail corridor development. These reductions shall
214not negatively impact safety, preservation, maintenance, or
215project contingency levels as of July 1, 2008. This subparagraph
216expires July 1, 2009.
217     Section 7.  In order to implement section 9 of the 2008-
2182009 Special Appropriations Act, section 420.0005, Florida
219Statutes, 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
222separate trust fund to be named the "State Housing Trust Fund."
223There shall be deposited in the fund all moneys appropriated by
224the Legislature, or moneys received from any other source, for
225the purpose of this chapter, and all proceeds derived from the
226use of such moneys. The fund shall be administered by the
227Florida Housing Finance Corporation on behalf of the department,
228as specified in this chapter. Money deposited to the fund and
229appropriated by the Legislature must, notwithstanding the
230provisions of chapter 216 or s. 420.504(3), be transferred
231quarterly in advance, to the extent available, or, if not so
232available, as soon as received into the State Housing Trust
233Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
234by the Chief Financial Officer to the corporation upon
235certification by the Secretary of Community Affairs that the
236corporation is in compliance with the requirements of s.
237420.0006. The certification made by the secretary shall also
238include the split of funds among programs administered by the
239corporation and the department as specified in chapter 92-317,
240Laws of Florida, as amended. Moneys advanced by the Chief
241Financial Officer must be deposited by the corporation into a
242separate fund established with a qualified public depository
243meeting the requirements of chapter 280 to be named the "State
244Housing Fund" and used for the purposes of this chapter.
245Administrative and personnel costs incurred in implementing this
246chapter may be paid from the State Housing Fund, but such costs
247may not exceed 5 percent of the moneys deposited into such fund.
248To the State Housing Fund shall be credited all loan repayments,
249penalties, and other fees and charges accruing to such fund
250under this chapter. It is the intent of this chapter that all
251loan repayments, penalties, and other fees and charges collected
252be credited in full to the program account from which the loan
253originated. Moneys in the State Housing Fund which are not
254currently needed for the purposes of this chapter shall be
255invested in such manner as is provided for by statute. The
256interest received on any such investment shall be credited to
257the State Housing Fund.
258     (2)  Notwithstanding any provision of this section to the
259contrary and for the 2008-2009 fiscal year only, the corporation
260shall return unexpended funds held by the corporation pursuant
261to this section to the state as directed by law. This subsection
262expires June 30, 2009.
263     Section 8.  In order to implement section 9 of the 2008-
2642009 Special Appropriations Act, section 420.9079, Florida
265Statutes, is amended to read:
266     420.9079  Local Government Housing Trust Fund.--
267     (1)  There is created in the State Treasury the Local
268Government Housing Trust Fund, which shall be administered by
269the corporation on behalf of the department according to the
270provisions of ss. 420.907-420.9078 and this section. There shall
271be deposited into the fund a portion of the documentary stamp
272tax revenues as provided in s. 201.15, moneys received from any
273other source for the purposes of ss. 420.907-420.9078 and this
274section, and all proceeds derived from the investment of such
275moneys. Moneys in the fund that are not currently needed for the
276purposes of the programs administered pursuant to ss. 420.907-
277420.9078 and this section shall be deposited to the credit of
278the fund and may be invested as provided by law. The interest
279received on any such investment shall be credited to the fund.
280     (2)  The corporation shall administer the fund exclusively
281for the purpose of implementing the programs described in ss.
282420.907-420.9078 and this section. With the exception of
283monitoring the activities of counties and eligible
284municipalities to determine local compliance with program
285requirements, the corporation shall not receive appropriations
286from the fund for administrative or personnel costs. For the
287purpose of implementing the compliance monitoring provisions of
288s. 420.9075(9), the corporation may request a maximum of one-
289quarter of 1 percent of the annual appropriation per state
290fiscal year. When such funding is appropriated, the corporation
291shall deduct the amount appropriated prior to calculating the
292local housing distribution pursuant to ss. 420.9072 and
293420.9073.
294     (3)  Notwithstanding any provision of this section to the
295contrary and for the 2008-2009 fiscal year only, the corporation
296shall return unexpended funds held by the corporation pursuant
297to this section to the state as directed by law. This subsection
298expires June 30, 2009.
299     Section 9.  A section of this act that implements a
300specific appropriation or specifically identified proviso
301language in the 2008-2009 Special Appropriations Act is void if
302the specific appropriation or specifically identified proviso
303language is vetoed. A section of this act that implements more
304than one specific appropriation or more than one portion of
305specifically identified proviso language in the 2008-2009
306Special Appropriations Act is void if all the specific
307appropriations or portions of specifically identified proviso
308language are vetoed.
309     Section 10.  If any other act passed in 2009 contains a
310provision that is substantively the same as a provision in this
311act but that removes or is otherwise not subject to the future
312repeal applied to such provision by this act, the Legislature
313intends that the provision in the other act shall take
314precedence and shall continue to operate notwithstanding the
315future repeal provided by this act.
316     Section 11.  If any provision of this act or its
317application to any person or circumstance is held invalid, the
318invalidity does not affect other provisions or applications of
319the act which can be given effect without the invalid provision
320or application, and to this end the provisions of this act are
321severable.
322     Section 12.  This act shall take effect upon becoming a
323law.


CODING: Words stricken are deletions; words underlined are additions.