| 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. 215.5601, F.S.; authorizing transfer of |
| 9 | certain funds from the Lawton Chiles Endowment Fund to the |
| 10 | General Revenue Fund and the Budget Stabilization Fund; |
| 11 | repealing s. 47, ch. 2008-153, Laws of Florida, which |
| 12 | authorized and provided conditions for the transfer of |
| 13 | funds from the Budget Stabilization Fund or the Lawton |
| 14 | Chiles Endowment Fund to the General Revenue Fund; |
| 15 | providing for the effect of a veto of one or more specific |
| 16 | appropriations or proviso to which implementing language |
| 17 | refers; providing for the continued operation of certain |
| 18 | provisions notwithstanding a future repeal or expiration |
| 19 | provided by this act; providing for severability; |
| 20 | providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. It is the intent of the Legislature that the |
| 25 | implementing and administering provisions of this act apply to |
| 26 | the Special Appropriations Act for the 2008-2009 fiscal year. |
| 27 | Section 2. In order to implement the transfer of moneys to |
| 28 | the General Revenue Fund from trust funds in the 2008-2009 |
| 29 | Special Appropriations Act, paragraph (b) of subsection (2) of |
| 30 | section 215.32, Florida Statutes, is reenacted to read: |
| 31 | 215.32 State funds; segregation.-- |
| 32 | (2) The source and use of each of these funds shall be as |
| 33 | follows: |
| 34 | (b)1. The trust funds shall consist of moneys received by |
| 35 | the state which under law or under trust agreement are |
| 36 | segregated for a purpose authorized by law. The state agency or |
| 37 | branch of state government receiving or collecting such moneys |
| 38 | shall be responsible for their proper expenditure as provided by |
| 39 | law. Upon the request of the state agency or branch of state |
| 40 | government responsible for the administration of the trust fund, |
| 41 | the Chief Financial Officer may establish accounts within the |
| 42 | trust fund at a level considered necessary for proper |
| 43 | accountability. Once an account is established within a trust |
| 44 | fund, the Chief Financial Officer may authorize payment from |
| 45 | that account only upon determining that there is sufficient cash |
| 46 | and releases at the level of the account. |
| 47 | 2. In addition to other trust funds created by law, to the |
| 48 | extent possible, each agency shall use the following trust funds |
| 49 | as described in this subparagraph for day-to-day operations: |
| 50 | a. Operations or operating trust fund, for use as a |
| 51 | depository for funds to be used for program operations funded by |
| 52 | program revenues, with the exception of administrative |
| 53 | activities when the operations or operating trust fund is a |
| 54 | proprietary fund. |
| 55 | b. Operations and maintenance trust fund, for use as a |
| 56 | depository for client services funded by third-party payors. |
| 57 | c. Administrative trust fund, for use as a depository for |
| 58 | funds to be used for management activities that are departmental |
| 59 | in nature and funded by indirect cost earnings and assessments |
| 60 | against trust funds. Proprietary funds are excluded from the |
| 61 | requirement of using an administrative trust fund. |
| 62 | d. Grants and donations trust fund, for use as a |
| 63 | depository for funds to be used for allowable grant or donor |
| 64 | agreement activities funded by restricted contractual revenue |
| 65 | from private and public nonfederal sources. |
| 66 | e. Agency working capital trust fund, for use as a |
| 67 | depository for funds to be used pursuant to s. 216.272. |
| 68 | f. Clearing funds trust fund, for use as a depository for |
| 69 | funds to account for collections pending distribution to lawful |
| 70 | recipients. |
| 71 | g. Federal grant trust fund, for use as a depository for |
| 72 | funds to be used for allowable grant activities funded by |
| 73 | restricted program revenues from federal sources. |
| 74 |
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| 75 | To the extent possible, each agency must adjust its internal |
| 76 | accounting to use existing trust funds consistent with the |
| 77 | requirements of this subparagraph. If an agency does not have |
| 78 | trust funds listed in this subparagraph and cannot make such |
| 79 | adjustment, the agency must recommend the creation of the |
| 80 | necessary trust funds to the Legislature no later than the next |
| 81 | scheduled review of the agency's trust funds pursuant to s. |
| 82 | 215.3206. |
| 83 | 3. All such moneys are hereby appropriated to be expended |
| 84 | in accordance with the law or trust agreement under which they |
| 85 | were received, subject always to the provisions of chapter 216 |
| 86 | relating to the appropriation of funds and to the applicable |
| 87 | laws relating to the deposit or expenditure of moneys in the |
| 88 | State Treasury. |
| 89 | 4.a. Notwithstanding any provision of law restricting the |
| 90 | use of trust funds to specific purposes, unappropriated cash |
| 91 | balances from selected trust funds may be authorized by the |
| 92 | Legislature for transfer to the Budget Stabilization Fund and |
| 93 | General Revenue Fund in the General Appropriations Act. |
| 94 | b. This subparagraph does not apply to trust funds |
| 95 | required by federal programs or mandates; trust funds |
| 96 | established for bond covenants, indentures, or resolutions whose |
| 97 | revenues are legally pledged by the state or public body to meet |
| 98 | debt service or other financial requirements of any debt |
| 99 | obligations of the state or any public body; the State |
| 100 | Transportation Trust Fund; the trust fund containing the net |
| 101 | annual proceeds from the Florida Education Lotteries; the |
| 102 | Florida Retirement System Trust Fund; trust funds under the |
| 103 | management of the State Board of Education or the Board of |
| 104 | Governors of the State University System, where such trust funds |
| 105 | are for auxiliary enterprises, self-insurance, and contracts, |
| 106 | grants, and donations, as those terms are defined by general |
| 107 | law; trust funds that serve as clearing funds or accounts for |
| 108 | the Chief Financial Officer or state agencies; trust funds that |
| 109 | account for assets held by the state in a trustee capacity as an |
| 110 | agent or fiduciary for individuals, private organizations, or |
| 111 | other governmental units; and other trust funds authorized by |
| 112 | the State Constitution. |
| 113 | Section 3. In order to implement section 20 of the 2008- |
| 114 | 2009 Special Appropriations Act, paragraph (f) is added to |
| 115 | subsection (5) of section 215.5601, Florida Statutes, to read: |
| 116 | 215.5601 Lawton Chiles Endowment Fund.-- |
| 117 | (5) AVAILABILITY OF FUNDS; USES.-- |
| 118 | (f) Notwithstanding any provision of this section to the |
| 119 | contrary, during the 2008-2009 fiscal year, up to $400 million |
| 120 | may be transferred from the Lawton Chiles Endowment Fund to the |
| 121 | General Revenue Fund and up to $600 million may be transferred |
| 122 | from the Lawton Chiles Endowment Fund to the Budget |
| 123 | Stabilization Fund. This paragraph expires June 30, 2009. |
| 124 | Section 4. Section 47 of chapter 2008-153, Laws of |
| 125 | Florida, is repealed. |
| 126 | Section 5. A section of this act that implements a |
| 127 | specific appropriation or specifically identified proviso |
| 128 | language in the 2008-2009 Special Appropriations Act is void if |
| 129 | the specific appropriation or specifically identified proviso |
| 130 | language is vetoed. A section of this act that implements more |
| 131 | than one specific appropriation or more than one portion of |
| 132 | specifically identified proviso language in the 2008-2009 |
| 133 | Special Appropriations Act is void if all the specific |
| 134 | appropriations or portions of specifically identified proviso |
| 135 | language are vetoed. |
| 136 | Section 6. If any other act passed in 2009 contains a |
| 137 | provision that is substantively the same as a provision in this |
| 138 | act but that removes or is otherwise not subject to the future |
| 139 | repeal applied to such provision by this act, the Legislature |
| 140 | intends that the provision in the other act shall take |
| 141 | precedence and shall continue to operate notwithstanding the |
| 142 | future repeal provided by this act. |
| 143 | Section 7. If any provision of this act or its application |
| 144 | to any person or circumstance is held invalid, the invalidity |
| 145 | does not affect other provisions or applications of the act |
| 146 | which can be given effect without the invalid provision or |
| 147 | application, and to this end the provisions of this act are |
| 148 | severable. |
| 149 | Section 8. This act shall take effect upon becoming a law. |