| 1 | A bill to be entitled |
| 2 | An act relating to trust funds of the Department of |
| 3 | Elderly Affairs; creating s. 20.415, F.S.; providing for |
| 4 | the administration of the Administrative Trust Fund, the |
| 5 | Tobacco Settlement Trust Fund, the Federal Grants Trust |
| 6 | Fund, the Grants and Donations Trust Fund, and the |
| 7 | Operations and Maintenance Trust Fund by the department; |
| 8 | providing for sources of funds and purposes; providing for |
| 9 | annual carryforward of funds; providing for reversion of |
| 10 | funds in the Tobacco Settlement Trust Fund; providing for |
| 11 | certification of undisbursed obligated general revenue |
| 12 | appropriation balances in the Grants and Donations Trust |
| 13 | Fund for a specified period of time; repealing s. 430.41, |
| 14 | F.S., which creates the Grants and Donations Trust Fund, |
| 15 | to conform; repealing s. 430.42, F.S., which creates the |
| 16 | Department of Elderly Affairs Tobacco Settlement Trust |
| 17 | Fund, to conform; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 20.415, Florida Statutes, is created to |
| 22 | read: |
| 23 | 20.415 Department of Elderly Affairs; trust funds.--The |
| 24 | following trust funds shall be administered by the Department of |
| 25 | Elderly Affairs: |
| 26 | (1) Administrative Trust Fund. |
| 27 | (a) Funds to be credited to and uses of the trust fund |
| 28 | shall be administered in accordance with ss. 215.32, 744.534, |
| 29 | and 744.7021. |
| 30 | (b) Notwithstanding the provisions of s. 216.301 and |
| 31 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 32 | of any fiscal year shall remain in the trust fund at the end of |
| 33 | the year and shall be available for carrying out the purposes of |
| 34 | the trust fund. |
| 35 | (2) Tobacco Settlement Trust Fund. |
| 36 | (a) Funds to be credited to the trust fund shall consist |
| 37 | of funds disbursed, by nonoperating transfer, from the |
| 38 | Department of Financial Services Tobacco Settlement Clearing |
| 39 | Trust Fund in amounts equal to the annual appropriations made |
| 40 | from this trust fund. |
| 41 | (b) Notwithstanding the provisions of s. 216.301 and |
| 42 | pursuant to s. 216.351, any unencumbered balance in the trust |
| 43 | fund at the end of any fiscal year and any encumbered balance |
| 44 | remaining undisbursed on September 30 of the same calendar year |
| 45 | shall revert to the Department of Financial Services Tobacco |
| 46 | Settlement Clearing Trust Fund. |
| 47 | (3) Federal Grants Trust Fund. |
| 48 | (a) Funds to be credited to and uses of the trust fund |
| 49 | shall be administered in accordance with s. 215.32. |
| 50 | (b) Notwithstanding the provisions of s. 216.301 and |
| 51 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 52 | of any fiscal year shall remain in the trust fund at the end of |
| 53 | the year and shall be available for carrying out the purposes of |
| 54 | the trust fund. |
| 55 | (4) Grants and Donations Trust Fund. |
| 56 | (a) Funds to be credited to the trust fund shall include |
| 57 | all public and private grants and donations to the department, |
| 58 | except for grants provided by the Federal Government and other |
| 59 | earnings that are deposited into the Operations and Maintenance |
| 60 | Trust Fund of the department. Funds from the Grants and |
| 61 | Donations Trust Fund shall be used to fulfill agreements made |
| 62 | with grantors and contributors and such other purposes as may be |
| 63 | appropriate and shall be expended only pursuant to legislative |
| 64 | appropriation or an approved amendment to the department's |
| 65 | operating budget pursuant to chapter 216. |
| 66 | (b) Notwithstanding the provisions of s. 216.301 and |
| 67 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 68 | of any fiscal year shall remain in the trust fund at the end of |
| 69 | the year and shall be available for carrying out the purposes of |
| 70 | the trust fund. |
| 71 | (c) Notwithstanding the provisions of s. 216.301 and |
| 72 | pursuant to s. 216.351, any balance of any general revenue |
| 73 | appropriation to the Grants and Donations Trust Fund that is not |
| 74 | disbursed but that is obligated pursuant to contract or |
| 75 | committed to be expended may be certified by the Governor for up |
| 76 | to 3 years following the effective date of the original |
| 77 | appropriation. |
| 78 | (5) Operations and Maintenance Trust Fund. |
| 79 | (a) Funds to be credited to and uses of the trust fund |
| 80 | shall be administered in accordance with s. 215.32. |
| 81 | (b) Notwithstanding the provisions of s. 216.301 and |
| 82 | pursuant to s. 216.351, any balance in the trust fund at the end |
| 83 | of any fiscal year shall remain in the trust fund at the end of |
| 84 | the year and shall be available for carrying out the purposes of |
| 85 | the trust fund. |
| 86 | Section 2. Sections 430.41 and 430.42, Florida Statutes, |
| 87 | are repealed. |
| 88 | Section 3. This act shall take effect July 1, 2008. |