Florida Senate - 2019                                      SB 70
       
       
        
       By Senators Mayfield, Taddeo, Rodriguez, and Berman
       
       
       
       
       
       17-00088-19                                             201970__
    1                        A bill to be entitled                      
    2         An act relating to state funds; amending s. 215.32,
    3         F.S.; exempting the State Housing Trust Fund and the
    4         Local Government Housing Trust Fund from a provision
    5         authorizing the Legislature, in the General
    6         Appropriations Act, to transfer unappropriated cash
    7         balances from specified trust funds to the Budget
    8         Stabilization Fund and the General Revenue Fund;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Upon the expiration and reversion of the
   14  amendments made to section 215.32, Florida Statutes, pursuant to
   15  section 83 of chapter 2018-10, Laws of Florida, paragraph (b) of
   16  subsection (2) of section 215.32, Florida Statutes, is amended
   17  to read:
   18         215.32 State funds; segregation.—
   19         (2) The source and use of each of these funds shall be as
   20  follows:
   21         (b)1. The trust funds shall consist of moneys received by
   22  the state which, under law or under trust agreement, are
   23  segregated for a purpose authorized by law. The state agency or
   24  branch of state government receiving or collecting such moneys
   25  is shall be responsible for their proper expenditure as provided
   26  by law. Upon the request of the state agency or branch of state
   27  government responsible for the administration of the trust fund,
   28  the Chief Financial Officer may establish accounts within the
   29  trust fund at a level considered necessary for proper
   30  accountability. Once an account is established within a trust
   31  fund, the Chief Financial Officer may authorize payment from
   32  that account only upon determining that there is sufficient cash
   33  and releases at the level of the account.
   34         2. In addition to other trust funds created by law, each
   35  agency, to the extent possible, each agency shall use the
   36  following trust funds as described in this subparagraph for day
   37  to-day operations:
   38         a. An operations or operating trust fund, for use as a
   39  depository for funds to be used for program operations funded by
   40  program revenues, with the exception of administrative
   41  activities when the operations or operating trust fund is a
   42  proprietary fund;.
   43         b. An operations and maintenance trust fund, for use as a
   44  depository for client services funded by third-party payors;.
   45         c. An administrative trust fund, for use as a depository
   46  for funds to be used for management activities that are
   47  departmental in nature and funded by indirect cost earnings and
   48  assessments against trust funds; however,. proprietary funds are
   49  not required to use excluded from the requirement of using an
   50  administrative trust fund;.
   51         d. A grants and donations trust fund, for use as a
   52  depository for funds to be used for allowable grant or donor
   53  agreement activities funded by restricted contractual revenue
   54  from private and public nonfederal sources;.
   55         e. An agency working capital trust fund, for use as a
   56  depository for funds to be used pursuant to s. 216.272;.
   57         f. A clearing funds trust fund, for use as a depository for
   58  funds to account for collections pending distribution to lawful
   59  recipients; and.
   60         g. A federal grant trust fund, for use as a depository for
   61  funds to be used for allowable grant activities funded by
   62  restricted program revenues from federal sources.
   63  
   64  To the extent possible, each agency must adjust its internal
   65  accounting to use existing trust funds consistent with the
   66  requirements of this subparagraph. If an agency does not have a
   67  trust fund specified trust funds listed in this subparagraph and
   68  cannot make such adjustment, the agency must recommend the
   69  creation of the necessary trust fund funds to the Legislature no
   70  later than the next scheduled review of the agency’s trust funds
   71  pursuant to s. 215.3206.
   72         3. All such moneys are hereby appropriated to be expended
   73  in accordance with the law or trust agreement under which they
   74  were received, subject always to the provisions of chapter 216
   75  relating to the appropriation of funds and to the applicable
   76  laws relating to the deposit or expenditure of moneys in the
   77  State Treasury.
   78         4.a. Notwithstanding any provision of law restricting the
   79  use of trust funds to specific purposes, unappropriated cash
   80  balances from selected trust funds may be authorized by the
   81  Legislature for transfer to the Budget Stabilization Fund and
   82  the General Revenue Fund in the General Appropriations Act.
   83         b. This subparagraph does not apply to trust funds required
   84  by federal programs or mandates; trust funds established for
   85  bond covenants, indentures, or resolutions whose revenues are
   86  legally pledged by the state or public body to meet debt service
   87  or other financial requirements of any debt obligations of the
   88  state or any public body; the Division of Licensing Trust Fund
   89  in the Department of Agriculture and Consumer Services; the
   90  State Transportation Trust Fund; the trust fund containing the
   91  net annual proceeds from the Florida Education Lotteries; the
   92  Florida Retirement System Trust Fund; trust funds under the
   93  management of the State Board of Education or the Board of
   94  Governors of the State University System, when where such trust
   95  funds are for auxiliary enterprises, self-insurance, and
   96  contracts, grants, and donations, as those terms are defined by
   97  general law; trust funds that serve as clearing funds or
   98  accounts for the Chief Financial Officer or state agencies;
   99  trust funds that account for assets held by the state in a
  100  trustee capacity as an agent or fiduciary for individuals,
  101  private organizations, or other governmental units; the State
  102  Housing Trust Fund; the Local Government Housing Trust Fund; and
  103  other trust funds authorized by the State Constitution.
  104         Section 2. This act shall take effect July 1, 2019.