Amendment
Bill No. 2510
Amendment No. 639097
CHAMBER ACTION
Senate House
.
.
.






1Representative Kyle offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (3) of section 17.61, Florida
6Statutes, is reenacted to read:
7     17.61  Chief Financial Officer; powers and duties in the
8investment of certain funds.--
9     (3)(a)  Except as otherwise provided in this subsection, it
10is the duty of each state agency, and of the judicial branch,
11now or hereafter charged with the administration of the funds
12referred to in subsection (1) to make such moneys available for
13investment as fully as is consistent with the cash requirements
14of the particular fund and to authorize investment of such
15moneys by the Chief Financial Officer.
16     (b)  Monthly, and more often as circumstances require, such
17agency or judicial branch shall notify the Chief Financial
18Officer of the amount available for investment; and the moneys
19shall be invested by the Chief Financial Officer. Such
20notification shall include the name and number of the fund for
21which the investments are to be made and the life of the
22investment if the principal sum is to be required for meeting
23obligations. This subsection, however, shall not be construed to
24make available for investment any funds other than those
25referred to in subsection (1).
26     (c)  Except as provided in this paragraph and except for
27moneys described in paragraph (d), the following agencies shall
28not invest trust fund moneys as provided in this section, but
29shall retain such moneys in their respective trust funds for
30investment, with interest appropriated to the General Revenue
31Fund, pursuant to s. 17.57:
32     1.  The Agency for Health Care Administration, except for
33the Tobacco Settlement Trust Fund.
34     2.  The Department of Children and Family Services, except
35for:
36     a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
37     b.  The Community Resources Development Trust Fund.
38     c.  The Refugee Assistance Trust Fund.
39     d.  The Social Services Block Grant Trust Fund.
40     e.  The Tobacco Settlement Trust Fund.
41     f.  The Working Capital Trust Fund.
42     3.  The Department of Community Affairs, only for the
43Operating Trust Fund.
44     4.  The Department of Corrections.
45     5.  The Department of Elderly Affairs, except for:
46     a.  The Federal Grants Trust Fund.
47     b.  The Tobacco Settlement Trust Fund.
48     6.  The Department of Health, except for:
49     a.  The Federal Grants Trust Fund.
50     b.  The Grants and Donations Trust Fund.
51     c.  The Maternal and Child Health Block Grant Trust Fund.
52     d.  The Tobacco Settlement Trust Fund.
53     7.  The Department of Highway Safety and Motor Vehicles,
54only for:
55     a.  The DUI Programs Coordination Trust Fund.
56     b.  The Security Deposits Trust Fund.
57     8.  The Department of Juvenile Justice.
58     9.  The Department of Law Enforcement.
59     10.  The Department of Legal Affairs.
60     11.  The Department of State, only for:
61     a.  The Grants and Donations Trust Fund.
62     b.  The Records Management Trust Fund.
63     12.  The Executive Office of the Governor, only for:
64     a.  The Economic Development Transportation Trust Fund.
65     b.  The Economic Development Trust Fund.
66     13.  The Florida Public Service Commission, only for the
67Florida Public Service Regulatory Trust Fund.
68     14.  The Justice Administrative Commission.
69     15.  The state courts system.
70     (d)  Moneys in any trust funds of the agencies in paragraph
71(c) may be invested pursuant to the provisions of this section
72if:
73     1.  Investment of such moneys and the retention of interest
74is required by federal programs or mandates;
75     2.  Investment of such moneys and the retention of interest
76is required by bond covenants, indentures, or resolutions;
77     3.  Such moneys are held by the state in a trustee capacity
78as an agent or fiduciary for individuals, private organizations,
79or other governmental units; or
80     4.  The Executive Office of the Governor determines, after
81consultation with the Legislature pursuant to the procedures of
82s. 216.177, that federal matching funds or contributions or
83private grants to any trust fund would be lost to the state.
84     Section 2.  Subsection (4) of section 445.0325, Florida
85Statutes, is reenacted to read:
86     445.0325  Welfare Transition Trust Fund.--
87     (4)  All funds transferred to and retained in the trust
88fund shall be invested pursuant to s. 17.61. Any interest
89accruing to the trust fund shall be for the benefit of the
90welfare transition program. Notwithstanding s. 216.301 and
91pursuant to s. 216.351, any undisbursed balance remaining in the
92trust fund and interest accruing to the trust fund not
93distributed at the end of the fiscal year shall remain in the
94trust fund and shall increase the total funds available to
95implement the welfare transition program.
96     Section 3.  Subsection (1) of section 1011.94, Florida
97Statutes, is reenacted to read:
98     1011.94  Trust Fund for University Major Gifts.--
99     (1)  There is established a Trust Fund for University Major
100Gifts. The purpose of the trust fund is to enable each
101university and New College to provide donors with an incentive
102in the form of matching grants for donations for the
103establishment of permanent endowments and sales tax exemption
104matching funds received pursuant to s. 212.08(5)(j), which must
105be invested, with the proceeds of the investment used to support
106libraries and instruction and research programs, as defined by
107the State Board of Education. All funds appropriated for the
108challenge grants, new donors, major gifts, sales tax exemption
109matching funds pursuant to s. 212.08(5)(j), or eminent scholars
110program must be deposited into the trust fund and invested
111pursuant to s. 17.61 until the State Board of Education
112allocates the funds to universities to match private donations.
113Notwithstanding s. 216.301 and pursuant to s. 216.351, any
114undisbursed balance remaining in the trust fund and interest
115income accruing to the portion of the trust fund which is not
116matched and distributed to universities must remain in the trust
117fund and be used to increase the total funds available for
118challenge grants. Funds deposited in the trust fund for the
119sales tax exemption matching program authorized in s.
120212.08(5)(j), and interest earnings thereon, shall be maintained
121in a separate account within the Trust Fund for University Major
122Gifts, and may be used only to match qualified sales tax
123exemptions that a certified business designates for use by state
124universities and community colleges to support research and
125development projects requested by the certified business. The
126State Board of Education may authorize any university to
127encumber the state matching portion of a challenge grant from
128funds available under s. 1011.45.
129     Section 4.  Subsection (3) of section 1013.79, Florida
130Statutes, is reenacted to read:
131     1013.79  University Facility Enhancement Challenge Grant
132Program.--
133     (3)  There is established the Alec P. Courtelis Capital
134Facilities Matching Trust Fund for the purpose of providing
135matching funds from private contributions for the development of
136high priority instructional and research-related capital
137facilities, including common areas connecting such facilities,
138within a university. The Legislature shall appropriate funds to
139be transferred to the trust fund. The Public Education Capital
140Outlay and Debt Service Trust Fund, Capital Improvement Trust
141Fund, Division of Sponsored Research Trust Fund, and Contracts
142and Grants Trust Fund shall not be used as the source of the
143state match for private contributions. All appropriated funds
144deposited into the trust fund shall be invested pursuant to the
145provisions of s. 17.61. Interest income accruing to that portion
146of the trust fund shall increase the total funds available for
147the challenge grant program. Interest income accruing from the
148private donations shall be returned to the participating
149foundation upon completion of the project. The State Board of
150Education shall administer the trust fund and all related
151construction activities.
152     Section 5.  This act shall take effect July 1, 2005.
153
154
155================= T I T L E  A M E N D M E N T =================
156     Remove the entire title and insert:
157
A bill to be entitled
158An act relating to the investment of state trust funds;
159reenacting s. 17.61(3), F.S.; relating to the Chief
160Financial Officer, powers and duties in the investment of
161certain funds; reenacting ss. 445.0325(4), 1011.94(1), and
1621013.79(3), F.S., relating to the Welfare Transition Trust
163Fund, Trust Fund for University Major Gifts, and
164University Facility Enhancement Challenge Grant Program;
165providing an effective date.


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