Florida Senate - 2021 SB 510
By Senator Hooper
1 A bill to be entitled
2 An act relating to state funds; amending s. 215.32,
3 F.S.; exempting the State Housing Trust Fund and the
4 Local Government Housing Trust Fund from a provision
5 authorizing the Legislature, in the General
6 Appropriations Act, to transfer unappropriated cash
7 balances from specified trust funds to the Budget
8 Stabilization Fund and the General Revenue Fund;
9 providing an effective date.
11 Be It Enacted by the Legislature of the State of Florida:
13 Section 1. Upon the expiration and reversion of the
14 amendments made to section 215.32, Florida Statutes, pursuant to
15 section 102 of chapter 2020-114, Laws of Florida, paragraph (b)
16 of subsection (2) of section 215.32, Florida Statutes, is
17 amended to read:
18 215.32 State funds; segregation.—
19 (2) The source and use of each of these funds shall be as
21 (b)1. The trust funds shall consist of moneys received by
22 the state which, under law or under trust agreement, are
23 segregated for a purpose authorized by law. The state agency or
24 branch of state government receiving or collecting such moneys
shall be responsible for their proper expenditure as provided
26 by law. Upon the request of the state agency or branch of state
27 government responsible for the administration of the trust fund,
28 the Chief Financial Officer may establish accounts within the
29 trust fund at a level considered necessary for proper
30 accountability. Once an account is established within a trust
31 fund, the Chief Financial Officer may authorize payment from
32 that account only upon determining that there is sufficient cash
33 and releases at the level of the account.
34 2. In addition to other trust funds created by law, each
35 agency, to the extent possible, each agency shall use the
36 following trust funds as described in this subparagraph for day
37 to-day operations:
38 a. An operations or operating trust fund, for use as a
39 depository for funds to be used for program operations funded by
40 program revenues, with the exception of administrative
41 activities when the operations or operating trust fund is a
42 proprietary fund; .
43 b. An operations and maintenance trust fund, for use as a
44 depository for client services funded by third-party payors; .
45 c. An administrative trust fund, for use as a depository
46 for funds to be used for management activities that are
47 departmental in nature and funded by indirect cost earnings and
48 assessments against trust funds; however, . proprietary funds are
49 not required to use excluded from the requirement of using an
50 administrative trust fund; .
51 d. A grants and donations trust fund, for use as a
52 depository for funds to be used for allowable grant or donor
53 agreement activities funded by restricted contractual revenue
54 from private and public nonfederal sources; .
55 e. An agency working capital trust fund, for use as a
56 depository for funds to be used pursuant to s. 216.272; .
57 f. A clearing funds trust fund, for use as a depository for
58 funds to account for collections pending distribution to lawful
59 recipients; and .
60 g. A federal grant trust fund, for use as a depository for
61 funds to be used for allowable grant activities funded by
62 restricted program revenues from federal sources.
64 To the extent possible, each agency must adjust its internal
65 accounting to use existing trust funds consistent with the
66 requirements of this subparagraph. If an agency does not have a
67 trust fund specified trust funds listed in this subparagraph and
68 cannot make such adjustment, the agency must recommend the
69 creation of the necessary trust fund funds to the Legislature no
70 later than the next scheduled review of the agency’s trust funds
71 pursuant to s. 215.3206.
72 3. All such moneys are hereby appropriated to be expended
73 in accordance with the law or trust agreement under which they
74 were received, subject always to the provisions of chapter 216
75 relating to the appropriation of funds and to the applicable
76 laws relating to the deposit or expenditure of moneys in the
77 State Treasury.
78 4.a. Notwithstanding any provision of law restricting the
79 use of trust funds to specific purposes, unappropriated cash
80 balances from selected trust funds may be authorized by the
81 Legislature for transfer to the Budget Stabilization Fund and
82 the General Revenue Fund in the General Appropriations Act.
83 b. This subparagraph does not apply to trust funds required
84 by federal programs or mandates; trust funds established for
85 bond covenants, indentures, or resolutions whose revenues are
86 legally pledged by the state or public body to meet debt service
87 or other financial requirements of any debt obligations of the
88 state or any public body; the Division of Licensing Trust Fund
89 in the Department of Agriculture and Consumer Services; the
90 State Transportation Trust Fund; the trust fund containing the
91 net annual proceeds from the Florida Education Lotteries; the
92 Florida Retirement System Trust Fund; trust funds under the
93 management of the State Board of Education or the Board of
94 Governors of the State University System, when where such trust
95 funds are for auxiliary enterprises, self-insurance, and
96 contracts, grants, and donations, as those terms are defined by
97 general law; trust funds that serve as clearing funds or
98 accounts for the Chief Financial Officer or state agencies;
99 trust funds that account for assets held by the state in a
100 trustee capacity as an agent or fiduciary for individuals,
101 private organizations, or other governmental units; the State
102 Housing Trust Fund; the Local Government Housing Trust Fund; and
103 other trust funds authorized by the State Constitution.
104 Section 2. This act shall take effect July 1, 2021.