| 1 | A bill to be entitled |
| 2 | An act relating to trust funds; terminating specified |
| 3 | trust funds within the Department of Children and Family |
| 4 | Services; providing for disposition of balances in and |
| 5 | revenues of the trust funds; amending ss. 17.61, 393.15 |
| 6 | and 984.22, F.S.; removing or revising references to the |
| 7 | Community Resources Development Trust Fund, to conform; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. (1) The following trust funds within the |
| 13 | Department of Children and Family Services are terminated: |
| 14 | (a) The Child Care and Development Block Grant Trust Fund, |
| 15 | FLAIR number 60-2-098. |
| 16 | (b) The Community Resources Development Trust Fund, FLAIR |
| 17 | number 60-2-113. |
| 18 | (2) The current balances remaining in, and all revenues |
| 19 | of, the trust funds terminated by this act shall be transferred |
| 20 | to the Administrative Trust Fund within the Department of |
| 21 | Children and Family Services. |
| 22 | (3) Except as otherwise provided herein, the Department of |
| 23 | Children and Family Services shall pay any outstanding debts and |
| 24 | obligations of the terminated trust funds as soon as |
| 25 | practicable, and the Chief Financial Officer shall close out and |
| 26 | remove the terminated trust funds from the various state |
| 27 | accounting systems using generally accepted accounting |
| 28 | principles concerning warrants outstanding, assets, and |
| 29 | liabilities. |
| 30 | Section 2. Paragraph (c) of subsection (3) of section |
| 31 | 17.61, Florida Statutes, is amended to read: |
| 32 | 17.61 Chief Financial Officer; powers and duties in the |
| 33 | investment of certain funds.-- |
| 34 | (3) |
| 35 | (c) Except as provided in this paragraph and except for |
| 36 | moneys described in paragraph (d), the following agencies shall |
| 37 | not invest trust fund moneys as provided in this section, but |
| 38 | shall retain such moneys in their respective trust funds for |
| 39 | investment, with interest appropriated to the General Revenue |
| 40 | Fund, pursuant to s. 17.57: |
| 41 | 1. The Agency for Health Care Administration, except for |
| 42 | the Tobacco Settlement Trust Fund. |
| 43 | 2. The Department of Children and Family Services, except |
| 44 | for: |
| 45 | a. The Alcohol, Drug Abuse, and Mental Health Trust Fund. |
| 46 | b. The Administrative Community Resources Development |
| 47 | Trust Fund. |
| 48 | c. The Refugee Assistance Trust Fund. |
| 49 | d. The Social Services Block Grant Trust Fund. |
| 50 | e. The Tobacco Settlement Trust Fund. |
| 51 | f. The Working Capital Trust Fund. |
| 52 | 3. The Department of Community Affairs, only for the |
| 53 | Operating Trust Fund. |
| 54 | 4. The Department of Corrections. |
| 55 | 5. The Department of Elderly Affairs, except for: |
| 56 | a. The Federal Grants Trust Fund. |
| 57 | b. The Tobacco Settlement Trust Fund. |
| 58 | 6. The Department of Health, except for: |
| 59 | a. The Federal Grants Trust Fund. |
| 60 | b. The Grants and Donations Trust Fund. |
| 61 | c. The Maternal and Child Health Block Grant Trust Fund. |
| 62 | d. The Tobacco Settlement Trust Fund. |
| 63 | 7. The Department of Highway Safety and Motor Vehicles, |
| 64 | only for: |
| 65 | a. The DUI Programs Coordination Trust Fund. |
| 66 | b. The Security Deposits Trust Fund. |
| 67 | 8. The Department of Juvenile Justice. |
| 68 | 9. The Department of Law Enforcement. |
| 69 | 10. The Department of Legal Affairs. |
| 70 | 11. The Department of State, only for: |
| 71 | a. The Grants and Donations Trust Fund. |
| 72 | b. The Records Management Trust Fund. |
| 73 | 12. The Executive Office of the Governor, only for: |
| 74 | a. The Economic Development Transportation Trust Fund. |
| 75 | b. The Economic Development Trust Fund. |
| 76 | 13. The Florida Public Service Commission, only for the |
| 77 | Florida Public Service Regulatory Trust Fund. |
| 78 | 14. The Justice Administrative Commission. |
| 79 | 15. The state courts system. |
| 80 | Section 3. Subsections (3) and (6) of section 393.15, |
| 81 | Florida Statutes, are amended to read: |
| 82 | 393.15 Legislative intent; Community Resources Development |
| 83 | Trust Fund.-- |
| 84 | (3) Funds in the Administrative There is created a |
| 85 | Community Resources Development Trust Fund within in the State |
| 86 | Treasury to be used by the Department of Children and Family |
| 87 | Services attributable to receipts under subsection (6) and s. |
| 88 | 984.22(4) shall be used for the purpose of granting loans to |
| 89 | eligible programs for the initial costs of development of the |
| 90 | programs. Loans shall be made only to those facilities which are |
| 91 | in compliance with the zoning regulations of the local |
| 92 | community. Costs of development may include structural |
| 93 | modification, the purchase of equipment and fire and safety |
| 94 | devices, preoperational staff training, and the purchase of |
| 95 | insurance. Such costs shall not include the actual construction |
| 96 | of a facility. |
| 97 | (6) If any program which has received a loan under this |
| 98 | section ceases to accept, or provide care, services, or |
| 99 | maintenance to, persons placed in the program by the department, |
| 100 | or if such program shall file papers of bankruptcy, at that |
| 101 | point in time the loan shall become an interest-bearing loan at |
| 102 | the rate of 5 percent per annum on the entire amount of the |
| 103 | initial loan which shall be repaid within a 1-year period from |
| 104 | the date on which the program ceases to provide care, services, |
| 105 | or maintenance, or files papers in bankruptcy, and the amount of |
| 106 | the loan due plus interest shall constitute a lien in favor of |
| 107 | the state against all real and personal property of the program. |
| 108 | The lien shall be perfected by the appropriate officer of the |
| 109 | department by executing and acknowledging a statement of the |
| 110 | name of the program and the amount due on the loan and a copy of |
| 111 | the promissory note, which shall be recorded by the department |
| 112 | with the clerk of the circuit court in the county wherein the |
| 113 | program is located. If the program has filed a petition for |
| 114 | bankruptcy, the department shall file and enforce the lien in |
| 115 | the bankruptcy proceedings. Otherwise, the lien shall be |
| 116 | enforced in the manner provided in s. 85.011. All funds received |
| 117 | by the department from the enforcement of the lien shall be |
| 118 | deposited in the Administrative Trust Fund within the Department |
| 119 | of Children and Family Services Community Resources Development |
| 120 | Trust Fund. |
| 121 | Section 4. Subsection (4) of section 984.22, Florida |
| 122 | Statutes, is amended to read: |
| 123 | 984.22 Powers of disposition.-- |
| 124 | (4) All payments of fees made to the department pursuant |
| 125 | to this chapter, or child support payments made to the |
| 126 | department pursuant to subsection (3), shall be deposited in the |
| 127 | General Revenue Fund. In cases in which the child is placed in |
| 128 | foster care with the Department of Children and Family Services, |
| 129 | such child support payments shall be deposited in the |
| 130 | Administrative Trust Fund within the Department of Children and |
| 131 | Family Services Community Resources Development Trust Fund. |
| 132 | Section 5. This act shall take effect July 1, 2004. |