1 | A bill to be entitled |
2 | An act relating to trust funds; creating s. 17.45, F.S.; |
3 | creating the Department of Financial Services Oil Spill |
4 | Mitigation Clearing Trust Fund; providing for sources of |
5 | moneys and purposes; providing for exemption from various |
6 | service charges; providing for disbursement of funds to |
7 | the oil spill mitigation trust funds of the various |
8 | agencies; providing for the annual carryforward of funds; |
9 | providing that the trust fund is exempt from |
10 | constitutional termination; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 17.45, Florida Statutes, is created to |
15 | read: |
16 | 17.45 Department of Financial Services Oil Spill |
17 | Mitigation Clearing Trust Fund.- |
18 | (1) The Department of Financial Services Oil Spill |
19 | Mitigation Clearing Trust Fund is created within the Department |
20 | of Financial Services. Funds to be credited to the trust fund |
21 | shall consist of all payments received by the state to mitigate |
22 | the financial impact to the state which results from the oil |
23 | spill in the Gulf of Mexico following the April 20, 2010, |
24 | explosion and subsequent fire on the Deepwater Horizon |
25 | semisubmersible Mobile Offshore Drilling Unit. Such payments may |
26 | include, but are not limited to, funds received under any |
27 | settlement agreement entered into between the state and BP, |
28 | p.l.c.; Transocean Ltd.; or any other person or any financial |
29 | assistance provided to the state by the Federal Government. |
30 | Funds received pursuant to individual claims or grant |
31 | applications submitted by any state agency, county, |
32 | municipality, or political subdivision or by any person may not |
33 | be credited to the trust fund. Moneys deposited into the trust |
34 | fund are exempt from the service charges imposed under s. |
35 | 215.20. |
36 | (2) The department shall disburse funds, by nonoperating |
37 | transfer, from the Department of Financial Services Oil Spill |
38 | Mitigation Clearing Trust Fund to the oil spill mitigation trust |
39 | funds of the various agencies in amounts equal to the annual |
40 | appropriations made from those agencies' trust funds in the |
41 | General Appropriations Act. |
42 | (3) Notwithstanding s. 216.301, and pursuant to s. |
43 | 216.351, any balance in the Department of Financial Services Oil |
44 | Spill Mitigation Clearing Trust Fund at the end of any fiscal |
45 | year shall remain in the trust fund at the end of the fiscal |
46 | year and shall be available for carrying out the purposes of the |
47 | trust fund. |
48 | (4) In accordance with s. 19(f)(3), Art. III of the State |
49 | Constitution, the Department of Financial Services Oil Spill |
50 | Mitigation Clearing Trust Fund is exempt from the termination |
51 | provisions of s. 19(f)(2), Art. III of the State Constitution. |
52 | Section 2. This act shall take effect upon becoming a law. |