Florida Senate - 2016 (PROPOSED BILL) SPB 7060
FOR CONSIDERATION By the Committee on Appropriations
576-02801-16 20167060pb
1 A bill to be entitled
2 An act relating to trust funds; terminating the
3 Working Capital Trust Fund within the Department of
4 Children and Families and the Operations and
5 Maintenance Trust Fund within the Department of
6 Health; providing for the disposition of balances in,
7 revenues of, and all outstanding appropriations of the
8 trust funds; prescribing procedures for the
9 termination of the trust funds; amending ss. 17.61,
10 20.195, and 20.435, F.S.; conforming provisions and
11 removing a reference to the Nursing Student Loan
12 Forgiveness Trust Fund in the Department of Health;
13 amending s. 215.5601, F.S.; conforming a cross
14 reference; repealing s. 392.69, F.S., relating to
15 appropriations, funding, and additional powers of the
16 Department of Health regarding tuberculosis control,
17 to conform; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. (1) The Working Capital Trust Fund within the
22 Department of Children and Families, FLAIR number 60-2-792014,
23 is terminated.
24 (2) All current balances remaining in, and all revenues of,
25 the trust fund shall be transferred to the Federal Grants Trust
26 Fund within the Department of Children and Families.
27 (3) The Department of Children and Families shall pay any
28 outstanding debts or obligations of the terminated fund as soon
29 as practicable, and the Chief Financial Officer shall close out
30 and remove the terminated fund from various state accounting
31 systems using generally accepted accounting principles
32 concerning warrants outstanding, assets, and liabilities.
33 Section 2. (1) The Operations and Maintenance Trust Fund
34 within the Department of Health, FLAIR number 20-2-516003, is
35 terminated.
36 (2) All current balances remaining in, and all revenues of,
37 the trust fund shall be transferred to the Federal Grants Trust
38 Fund within the Department of Health.
39 (3) The Department of Health shall pay any outstanding
40 debts or obligations of the terminated fund as soon as
41 practicable, and the Chief Financial Officer shall close out and
42 remove the terminated fund from various accounting systems using
43 generally accepted accounting principles concerning warrants
44 outstanding, assets, and liabilities.
45 Section 3. Paragraph (c) of subsection (3) of section
46 17.61, Florida Statutes, is amended to read:
47 17.61 Chief Financial Officer; powers and duties in the
48 investment of certain funds.—
49 (3)
50 (c) Except as provided in this paragraph and except for
51 moneys described in paragraph (d), the following agencies may
52 not invest trust fund moneys as provided in this section, but
53 shall retain such moneys in their respective trust funds for
54 investment, with interest appropriated to the General Revenue
55 Fund, pursuant to s. 17.57:
56 1. The Agency for Health Care Administration, except for
57 the Tobacco Settlement Trust Fund.
58 2. The Agency for Persons with Disabilities, except for:
59 a. The Federal Grants Trust Fund.
60 b. The Tobacco Settlement Trust Fund.
61 3. The Department of Children and Families, except for:
62 a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
63 b. The Social Services Block Grant Trust Fund.
64 c. The Tobacco Settlement Trust Fund.
65 d. The Working Capital Trust Fund.
66 4. The Department of Corrections.
67 5. The Department of Elderly Affairs, except for:
68 a. The Federal Grants Trust Fund.
69 b. The Tobacco Settlement Trust Fund.
70 6. The Department of Health, except for:
71 a. The Federal Grants Trust Fund.
72 b. The Grants and Donations Trust Fund.
73 c. The Maternal and Child Health Block Grant Trust Fund.
74 d. The Tobacco Settlement Trust Fund.
75 7. The Department of Highway Safety and Motor Vehicles,
76 only for the Security Deposits Trust Fund.
77 8. The Department of Juvenile Justice.
78 9. The Department of Law Enforcement.
79 10. The Department of Legal Affairs.
80 11. The Department of State, only for:
81 a. The Grants and Donations Trust Fund.
82 b. The Records Management Trust Fund.
83 12. The Department of Economic Opportunity, only for the
84 Economic Development Trust Fund.
85 13. The Florida Public Service Commission, only for the
86 Florida Public Service Regulatory Trust Fund.
87 14. The Justice Administrative Commission.
88 15. The state courts system.
89 Section 4. Subsection (11) of section 20.195, Florida
90 Statutes, is amended to read:
91 20.195 Department of Children and Families; trust funds.
92 The following trust funds shall be administered by the
93 Department of Children and Families:
94 (11) Working Capital Trust Fund.
95 (a) Funds to be credited to and uses of the trust fund
96 shall be administered in accordance with the provisions of s.
97 215.32.
98 (b) Notwithstanding the provisions of s. 216.301 and
99 pursuant to s. 216.351, any balance in the trust fund at the end
100 of any fiscal year shall remain in the trust fund at the end of
101 the year and shall be available for carrying out the purposes of
102 the trust fund.
103 Section 5. Present subsections (6) through (15) and present
104 subsections (17) through (21) of section 20.435, Florida
105 Statutes, are renumbered as subsections (5) through (19),
106 respectively, and present subsections (5) and (16) of that
107 section are amended, to read:
108 20.435 Department of Health; trust funds.—The following
109 trust funds shall be administered by the Department of Health:
110 (5) Operations and Maintenance Trust Fund.
111 (a) Funds to be credited to the trust fund shall consist of
112 receipts from third-party payors of health care services such as
113 Medicare and Medicaid. Funds shall be used for the purpose of
114 providing health care services to department clients and for
115 other such purposes as may be appropriate and shall be expended
116 only pursuant to legislative appropriation or an approved
117 amendment to the department’s operating budget pursuant to the
118 provisions of chapter 216.
119 (b) Notwithstanding the provisions of s. 216.301 and
120 pursuant to s. 216.351, any balance in the trust fund at the end
121 of any fiscal year shall remain in the trust fund at the end of
122 the year and shall be available for carrying out the purposes of
123 the trust fund.
124 (16) Nursing Student Loan Forgiveness Trust Fund.
125 (a) Funds to be credited to and uses of the trust fund
126 shall be administered in accordance with the provisions of s.
127 1009.66.
128 (b) Notwithstanding the provisions of s. 216.301 and
129 pursuant to s. 216.351, any balance in the trust fund at the end
130 of any fiscal year shall remain in the trust fund at the end of
131 the year and shall be available for carrying out the purposes of
132 the trust fund.
133 Section 6. Paragraph (e) of subsection (5) of section
134 215.5601, Florida Statutes, is amended to read:
135 215.5601 Lawton Chiles Endowment Fund.—
136 (5) AVAILABILITY OF FUNDS; USES.—
137 (e) Notwithstanding s. 216.301 and pursuant to s. 216.351,
138 all unencumbered balances of appropriations from each
139 department’s respective Tobacco Settlement Trust Fund as of June
140 30 or undisbursed balances as of September 30 shall revert to
141 the endowment’s principal. Unencumbered balances in the
142 Biomedical Research Trust Fund shall be managed as provided in
143 s. 20.435(7)(b) s. 20.435(8)(b).
144 Section 7. Section 392.69, Florida Statutes, is repealed.
145 Section 8. This act shall take effect July 1, 2016.