HB 33C

1
A bill to be entitled
2An act relating to trust funds; creating s. 17.45, F.S.;
3creating the Department of Financial Services Oil Spill
4Mitigation Clearing Trust Fund; providing for sources of
5moneys and purposes; providing for exemption from various
6service charges; providing for disbursement of funds to
7the oil spill mitigation trust funds of the various
8agencies; providing for the annual carryforward of funds;
9providing that the trust fund is exempt from
10constitutional termination; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 17.45, Florida Statutes, is created to
15read:
16     17.45  Department of Financial Services Oil Spill
17Mitigation Clearing Trust Fund.-
18     (1)  The Department of Financial Services Oil Spill
19Mitigation Clearing Trust Fund is created within the Department
20of Financial Services. Funds to be credited to the trust fund
21shall consist of all payments received by the state to mitigate
22the financial impact to the state which results from the oil
23spill in the Gulf of Mexico following the April 20, 2010,
24explosion and subsequent fire on the Deepwater Horizon
25semisubmersible Mobile Offshore Drilling Unit. Such payments may
26include, but are not limited to, funds received under any
27settlement agreement entered into between the state and BP,
28p.l.c.; Transocean Ltd.; or any other person or any financial
29assistance provided to the state by the Federal Government.
30Funds received pursuant to individual claims or grant
31applications submitted by any state agency, county,
32municipality, or political subdivision or by any person may not
33be credited to the trust fund. Moneys deposited into the trust
34fund are exempt from the service charges imposed under s.
35215.20.
36     (2)  The department shall disburse funds, by nonoperating
37transfer, from the Department of Financial Services Oil Spill
38Mitigation Clearing Trust Fund to the oil spill mitigation trust
39funds of the various agencies in amounts equal to the annual
40appropriations made from those agencies' trust funds in the
41General Appropriations Act.
42     (3)  Notwithstanding s. 216.301, and pursuant to s.
43216.351, any balance in the Department of Financial Services Oil
44Spill Mitigation Clearing Trust Fund at the end of any fiscal
45year shall remain in the trust fund at the end of the fiscal
46year and shall be available for carrying out the purposes of the
47trust fund.
48     (4)  In accordance with s. 19(f)(3), Art. III of the State
49Constitution, the Department of Financial Services Oil Spill
50Mitigation Clearing Trust Fund is exempt from the termination
51provisions of s. 19(f)(2), Art. III of the State Constitution.
52     Section 2.  This act shall take effect upon becoming a law.


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