Senate Bill 510 (2021) — State funds
SB 510
Florida Bills
Florida Senate - 2021 SB 510 By Senator Hooper 16-00425-21 2021510__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to state funds; amending s. 215.32, 2 F.S.; exempting the State Housing Trust Fund and the 3 Local Government Housing Trust Fund from a provision 4 authorizing the Legislature, in the General 5 Appropriations Act, to transfer unappropriated cash 6 balances from specified trust funds to the Budget 7 Stabilization Fund and the General Revenue Fund; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12
Section 1. Upon the expiration and reversion of the 13 amendments made to
section 215.32, Florida Statutes, pursuant to 14
section 102 of
chapter 2020-114, Laws of Florida, paragraph (b) 15 of subsection (2) of
section 215.32, Florida Statutes, is 16 amended to read: 17 215.32 State funds; segregation.— 18
(2) The source and use of each of these funds shall be as 19 follows: 20 (b)1. The trust funds shall consist of moneys received by 21 the state which, under law or under trust agreement, are 22 segregated for a purpose authorized by law. The state agency or 23 branch of state government receiving or collecting such moneys 24 is shall be responsible for their proper expenditure as provided 25 by law.
Upon the request of the state agency or branch of state 26 government responsible for the administration of the trust fund, 27 the Chief Financial Officer may establish accounts within the 28 trust fund at a level considered necessary for proper 29 Florida Senate - 2021 SB 510 16-00425-21 2021510__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. accountability.
Once an account is established within a trust 30 fund, the Chief Financial Officer may authorize payment from 31 that account only upon determining that there is sufficient cash 32 and releases at the level of the account. 33 2. In addition to other trust funds created by law, each 34 agency, to the extent possible, each agency shall use the 35 following trust funds as described in this subparagraph for day-36 to-day operations: 37 a.
An operations or operating trust fund, for use as a 38 depository for funds to be used for program operations funded by 39 program revenues, with the exception of administrative 40 activities when the operations or operating trust fund is a 41 proprietary fund;. 42 b. An operations and maintenance trust fund, for use as a 43 depository for client services funded by third-party payors;. 44 c.
An administrative trust fund, for use as a depository 45 for funds to be used for management activities that are 46 departmental in nature and funded by indirect cost earnings and 47 assessments against trust funds; however,. proprietary funds are 48 not required to use excluded from the requirement of using an 49 administrative trust fund;. 50 d. A grants and donations trust fund, for use as a 51 depository for funds to be used for allowable grant or donor 52 agreement activities funded by restricted contractual revenue 53 from private and public nonfederal sources;. 54 e.
An agency working capital trust fund, for use as a 55 depository for funds to be used pursuant to s. 216.272;. 56 f. A clearing funds trust fund, for use as a depository for 57 funds to account for collections pending distribution to lawful 58 Florida Senate - 2021 SB 510 16-00425-21 2021510__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. recipients; and. 59 g.
A federal grant trust fund, for use as a depository for 60 funds to be used for allowable grant activities funded by 61 restricted program revenues from federal sources. 62 63 To the extent possible, each agency must adjust its internal 64 accounting to use existing trust funds consistent with the 65 requirements of this subparagraph.
If an agency does not have a 66 trust fund specified trust funds listed in this subparagraph and 67 cannot make such adjustment, the agency must recommend the 68 creation of the necessary trust fund funds to the Legislature no 69 later than the next scheduled review of the agency’s trust funds 70 pursuant to s. 215.3206. 71 3. All such moneys are hereby appropriated to be expended 72 in accordance with the law or trust agreement under which they 73 were received, subject always to the provisions of
chapter 216 74 relating to the appropriation of funds and to the applicable 75 laws relating to the deposit or expenditure of moneys in the 76 State Treasury. 77 4.a. Notwithstanding any provision of law restricting the 78 use of trust funds to specific purposes, unappropriated cash 79 balances from selected trust funds may be authorized by the 80 Legislature for transfer to the Budget Stabilization Fund and 81 the General Revenue Fund in the General Appropriations Act. 82 b.
This subparagraph does not apply to trust funds required 83 by federal programs or mandates; trust funds established for 84 bond covenants, indentures, or resolutions whose revenues are 85 legally pledged by the state or public body to meet debt service 86 or other financial requirements of any debt obligations of the 87 Florida Senate - 2021 SB 510 16-00425-21 2021510__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. state or any public body; the Division of Licensing Trust Fund 88 in the Department of Agriculture and Consumer Services; the 89 State Transportation Trust Fund; the trust fund containing the 90 net annual proceeds from the Florida Education Lotteries; the 91 Florida Retirement System Trust Fund; trust funds under the 92 management of the State Board of Education or the Board of 93 Governors of the State University System, when where such trust 94 funds are for auxiliary enterprises, self-insurance, and 95 contracts, grants, and donations, as those terms are defined by 96 general law; trust funds that serve as clearing funds or 97 accounts for the Chief Financial Officer or state agencies; 98 trust funds that account for assets held by the state in a 99 trustee capacity as an agent or fiduciary for individuals, 100 private organizations, or other governmental units; the State 101 Housing Trust Fund; the Local Government Housing Trust Fund; and 102 other trust funds authorized by the State Constitution. 103