Florida Senate - 2016                                    SB 7060
       
       
        
       By the Committee on Appropriations
       
       576-02997-16                                          20167060__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; terminating the
    3         Working Capital Trust Fund within the Department of
    4         Children and Families and the Operations and
    5         Maintenance Trust Fund within the Department of
    6         Health; providing for the disposition of balances in,
    7         revenues of, and all outstanding appropriations of the
    8         trust funds; prescribing procedures for the
    9         termination of the trust funds; amending ss. 17.61,
   10         20.195, and 20.435, F.S.; conforming provisions and
   11         removing a reference to the Nursing Student Loan
   12         Forgiveness Trust Fund in the Department of Health;
   13         amending s. 215.5601, F.S.; conforming a cross
   14         reference; repealing s. 392.69, F.S., relating to
   15         appropriations, funding, and additional powers of the
   16         Department of Health regarding tuberculosis control,
   17         to conform; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. (1)The Working Capital Trust Fund within the
   22  Department of Children and Families, FLAIR number 60-2-792014,
   23  is terminated.
   24         (2) All current balances remaining in, and all revenues of,
   25  the trust fund shall be transferred to the Federal Grants Trust
   26  Fund within the Department of Children and Families.
   27         (3) The Department of Children and Families shall pay any
   28  outstanding debts or obligations of the terminated fund as soon
   29  as practicable, and the Chief Financial Officer shall close out
   30  and remove the terminated fund from various state accounting
   31  systems using generally accepted accounting principles
   32  concerning warrants outstanding, assets, and liabilities.
   33         Section 2. (1)The Operations and Maintenance Trust Fund
   34  within the Department of Health, FLAIR number 20-2-516004, is
   35  terminated.
   36         (2)All current balances remaining in, and all revenues of,
   37  the trust fund shall be transferred to the Federal Grants Trust
   38  Fund within the Department of Health.
   39         (3)The Department of Health shall pay any outstanding
   40  debts or obligations of the terminated fund as soon as
   41  practicable, and the Chief Financial Officer shall close out and
   42  remove the terminated fund from various accounting systems using
   43  generally accepted accounting principles concerning warrants
   44  outstanding, assets, and liabilities.
   45         Section 3. Paragraph (c) of subsection (3) of section
   46  17.61, Florida Statutes, is amended to read:
   47         17.61 Chief Financial Officer; powers and duties in the
   48  investment of certain funds.—
   49         (3)
   50         (c) Except as provided in this paragraph and except for
   51  moneys described in paragraph (d), the following agencies may
   52  not invest trust fund moneys as provided in this section, but
   53  shall retain such moneys in their respective trust funds for
   54  investment, with interest appropriated to the General Revenue
   55  Fund, pursuant to s. 17.57:
   56         1. The Agency for Health Care Administration, except for
   57  the Tobacco Settlement Trust Fund.
   58         2. The Agency for Persons with Disabilities, except for:
   59         a. The Federal Grants Trust Fund.
   60         b. The Tobacco Settlement Trust Fund.
   61         3. The Department of Children and Families, except for:
   62         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
   63         b. The Social Services Block Grant Trust Fund.
   64         c. The Tobacco Settlement Trust Fund.
   65         d. The Working Capital Trust Fund.
   66         4. The Department of Corrections.
   67         5. The Department of Elderly Affairs, except for:
   68         a. The Federal Grants Trust Fund.
   69         b. The Tobacco Settlement Trust Fund.
   70         6. The Department of Health, except for:
   71         a. The Federal Grants Trust Fund.
   72         b. The Grants and Donations Trust Fund.
   73         c. The Maternal and Child Health Block Grant Trust Fund.
   74         d. The Tobacco Settlement Trust Fund.
   75         7. The Department of Highway Safety and Motor Vehicles,
   76  only for the Security Deposits Trust Fund.
   77         8. The Department of Juvenile Justice.
   78         9. The Department of Law Enforcement.
   79         10. The Department of Legal Affairs.
   80         11. The Department of State, only for:
   81         a. The Grants and Donations Trust Fund.
   82         b. The Records Management Trust Fund.
   83         12. The Department of Economic Opportunity, only for the
   84  Economic Development Trust Fund.
   85         13. The Florida Public Service Commission, only for the
   86  Florida Public Service Regulatory Trust Fund.
   87         14. The Justice Administrative Commission.
   88         15. The state courts system.
   89         Section 4. Subsection (11) of section 20.195, Florida
   90  Statutes, is amended to read:
   91         20.195 Department of Children and Families; trust funds.
   92  The following trust funds shall be administered by the
   93  Department of Children and Families:
   94         (11) Working Capital Trust Fund.
   95         (a) Funds to be credited to and uses of the trust fund
   96  shall be administered in accordance with the provisions of s.
   97  215.32.
   98         (b) Notwithstanding the provisions of s. 216.301 and
   99  pursuant to s. 216.351, any balance in the trust fund at the end
  100  of any fiscal year shall remain in the trust fund at the end of
  101  the year and shall be available for carrying out the purposes of
  102  the trust fund.
  103         Section 5. Present subsections (6) through (15) and present
  104  subsections (17) through (21) of section 20.435, Florida
  105  Statutes, are renumbered as subsections (5) through (19),
  106  respectively, and present subsections (5) and (16) of that
  107  section are amended, to read:
  108         20.435 Department of Health; trust funds.—The following
  109  trust funds shall be administered by the Department of Health:
  110         (5) Operations and Maintenance Trust Fund.
  111         (a) Funds to be credited to the trust fund shall consist of
  112  receipts from third-party payors of health care services such as
  113  Medicare and Medicaid. Funds shall be used for the purpose of
  114  providing health care services to department clients and for
  115  other such purposes as may be appropriate and shall be expended
  116  only pursuant to legislative appropriation or an approved
  117  amendment to the department’s operating budget pursuant to the
  118  provisions of chapter 216.
  119         (b) Notwithstanding the provisions of s. 216.301 and
  120  pursuant to s. 216.351, any balance in the trust fund at the end
  121  of any fiscal year shall remain in the trust fund at the end of
  122  the year and shall be available for carrying out the purposes of
  123  the trust fund.
  124         (16) Nursing Student Loan Forgiveness Trust Fund.
  125         (a) Funds to be credited to and uses of the trust fund
  126  shall be administered in accordance with the provisions of s.
  127  1009.66.
  128         (b) Notwithstanding the provisions of s. 216.301 and
  129  pursuant to s. 216.351, any balance in the trust fund at the end
  130  of any fiscal year shall remain in the trust fund at the end of
  131  the year and shall be available for carrying out the purposes of
  132  the trust fund.
  133         Section 6. Paragraph (e) of subsection (5) of section
  134  215.5601, Florida Statutes, is amended to read:
  135         215.5601 Lawton Chiles Endowment Fund.—
  136         (5) AVAILABILITY OF FUNDS; USES.—
  137         (e) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  138  all unencumbered balances of appropriations from each
  139  department’s respective Tobacco Settlement Trust Fund as of June
  140  30 or undisbursed balances as of September 30 shall revert to
  141  the endowment’s principal. Unencumbered balances in the
  142  Biomedical Research Trust Fund shall be managed as provided in
  143  s. 20.435(7)(b) s. 20.435(8)(b).
  144         Section 7. Section 392.69, Florida Statutes, is repealed.
  145         Section 8. This act shall take effect July 1, 2016.