| 1 | A bill to be entitled |
| 2 | An act relating to trust funds; creating s. 17.45, F.S.; |
| 3 | creating the Department of Financial Services Oil Spill |
| 4 | Mitigation Clearing Trust Fund; providing for sources of |
| 5 | moneys and purposes; providing for exemption from various |
| 6 | service charges; providing for disbursement of funds to |
| 7 | the oil spill mitigation trust funds of the various |
| 8 | agencies; providing for the annual carryforward of funds; |
| 9 | providing that the trust fund is exempt from |
| 10 | constitutional termination; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 17.45, Florida Statutes, is created to |
| 15 | read: |
| 16 | 17.45 Department of Financial Services Oil Spill |
| 17 | Mitigation Clearing Trust Fund.- |
| 18 | (1) The Department of Financial Services Oil Spill |
| 19 | Mitigation Clearing Trust Fund is created within the Department |
| 20 | of Financial Services. Funds to be credited to the trust fund |
| 21 | shall consist of all payments received by the state to mitigate |
| 22 | the financial impact to the state which results from the oil |
| 23 | spill in the Gulf of Mexico following the April 20, 2010, |
| 24 | explosion and subsequent fire on the Deepwater Horizon |
| 25 | semisubmersible Mobile Offshore Drilling Unit. Such payments may |
| 26 | include, but are not limited to, funds received under any |
| 27 | settlement agreement entered into between the state and BP, |
| 28 | p.l.c.; Transocean Ltd.; or any other person or any financial |
| 29 | assistance provided to the state by the Federal Government. |
| 30 | Funds received pursuant to individual claims or grant |
| 31 | applications submitted by any state agency, county, |
| 32 | municipality, or political subdivision or by any person may not |
| 33 | be credited to the trust fund. Moneys deposited into the trust |
| 34 | fund are exempt from the service charges imposed under s. |
| 35 | 215.20. |
| 36 | (2) The department shall disburse funds, by nonoperating |
| 37 | transfer, from the Department of Financial Services Oil Spill |
| 38 | Mitigation Clearing Trust Fund to the oil spill mitigation trust |
| 39 | funds of the various agencies in amounts equal to the annual |
| 40 | appropriations made from those agencies' trust funds in the |
| 41 | General Appropriations Act. |
| 42 | (3) Notwithstanding s. 216.301, and pursuant to s. |
| 43 | 216.351, any balance in the Department of Financial Services Oil |
| 44 | Spill Mitigation Clearing Trust Fund at the end of any fiscal |
| 45 | year shall remain in the trust fund at the end of the fiscal |
| 46 | year and shall be available for carrying out the purposes of the |
| 47 | trust fund. |
| 48 | (4) In accordance with s. 19(f)(3), Art. III of the State |
| 49 | Constitution, the Department of Financial Services Oil Spill |
| 50 | Mitigation Clearing Trust Fund is exempt from the termination |
| 51 | provisions of s. 19(f)(2), Art. III of the State Constitution. |
| 52 | Section 2. This act shall take effect upon becoming a law. |