Bill Text: FL S0686 | 2014 | Regular Session | Enrolled


Bill Title: Termination of Trust Funds within Department of Economic Opportunity

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-06-02 - Chapter No. 2014-47 [S0686 Detail]

Download: Florida-2014-S0686-Enrolled.html
       ENROLLED
       2014 Legislature                                          SB 686
       
       
       
       
       
       
                                                              2014686er
    1  
    2         An act relating to trust funds; terminating specified
    3         trust funds within the Department of Economic
    4         Opportunity; providing for the disposition of balances
    5         in and revenues of such trust funds; prescribing
    6         procedures for the termination of such trust funds;
    7         amending ss. 17.61 and 420.36, F.S.; conforming
    8         provisions to changes made by this act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. (1) The following trust funds within the
   14  Department of Economic Opportunity are terminated:
   15         (a) The Community Services Block Grant Trust Fund, FLAIR
   16  number 40-2-118;
   17         (b) The Energy Consumption Trust Fund, FLAIR number 40-2
   18  174; and
   19         (c) The Low-Income Home Energy Assistance Program Block
   20  Grant Trust Fund, FLAIR number 40-2-451.
   21         (2) All current balances remaining in, and all the revenues
   22  of, the trust funds shall be transferred to the Federal Grants
   23  Trust Fund within the Department of Economic Opportunity.
   24         (3) The Department of Economic Opportunity shall pay any
   25  outstanding debts and obligations of the terminated trust funds
   26  as soon as practicable, and the Chief Financial Officer shall
   27  close out and remove the terminated trust funds from the various
   28  state accounting systems using generally accepted accounting
   29  principles concerning outstanding warrants, assets, and
   30  liabilities.
   31         Section 2. (1) The Economic Development Transportation
   32  Trust Fund within the Department of Economic Opportunity, FLAIR
   33  number 40-2-175, is terminated.
   34         (2) All current balances remaining in, and all the revenues
   35  of, the trust fund shall be transferred to the State
   36  Transportation Trust Fund within the Department of
   37  Transportation.
   38         (3) The Department of Economic Opportunity shall pay any
   39  outstanding debts and obligations of the terminated trust fund
   40  as soon as practicable, and the Chief Financial Officer shall
   41  close out and remove the terminated trust fund from the various
   42  state accounting systems using generally accepted accounting
   43  principles concerning outstanding warrants, assets, and
   44  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 Family Services,
   62  except for:
   63         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
   64         b. The Social Services Block Grant Trust Fund.
   65         c. The Tobacco Settlement Trust Fund.
   66         d. The Working Capital Trust Fund.
   67         4. The Department of Corrections.
   68         5. The Department of Elderly Affairs, except for:
   69         a. The Federal Grants Trust Fund.
   70         b. The Tobacco Settlement Trust Fund.
   71         6. The Department of Health, except for:
   72         a. The Federal Grants Trust Fund.
   73         b. The Grants and Donations Trust Fund.
   74         c. The Maternal and Child Health Block Grant Trust Fund.
   75         d. The Tobacco Settlement Trust Fund.
   76         7. The Department of Highway Safety and Motor Vehicles,
   77  only for the Security Deposits Trust Fund.
   78         8. The Department of Juvenile Justice.
   79         9. The Department of Law Enforcement.
   80         10. The Department of Legal Affairs.
   81         11. The Department of State, only for:
   82         a. The Grants and Donations Trust Fund.
   83         b. The Records Management Trust Fund.
   84         12. The Department of Economic Opportunity, only for:
   85         a. The Economic Development Transportation Trust Fund.
   86         b. the Economic Development Trust Fund.
   87         13. The Florida Public Service Commission, only for the
   88  Florida Public Service Regulatory Trust Fund.
   89         14. The Justice Administrative Commission.
   90         15. The state courts system.
   91         Section 4. Paragraphs (a) and (c) of subsection (4) of
   92  section 420.36, Florida Statutes, are amended to read:
   93         420.36 Low-income Emergency Home Repair Program.—There is
   94  established within the Department of Economic Opportunity the
   95  Low-income Emergency Home Repair Program to assist low-income
   96  persons, especially the elderly and physically disabled, in
   97  making emergency repairs which directly affect their health and
   98  safety.
   99         (4)(a) Funds appropriated to the department for the program
  100  shall be deposited in the Federal Grants Energy Consumption
  101  Trust Fund. Administrative and personnel costs incurred by the
  102  department in implementing the provisions of this section may be
  103  paid from the fund.
  104         (c) Funds shall be distributed to grantees and subgrantees
  105  as follows:
  106         1. For each county, a base amount of at least $3,000 shall
  107  be set aside from the total funds available, and such amount
  108  shall be deducted from the total amount appropriated by the
  109  Legislature.
  110         2. The balance of the funds appropriated by the Legislature
  111  shall be divided by the total poverty population of the state,
  112  and this quotient shall be multiplied by each county’s share of
  113  the poverty population. That amount plus the base of at least
  114  $3,000 constitutes shall constitute each county’s share. A
  115  grantee that which serves more than one county shall receive the
  116  base amount plus the poverty population share for each county to
  117  be served. Contracts with grantees may be renewed annually.
  118         3. The funds allocated to each county shall be offered
  119  first to an existing weatherization assistance program grantee
  120  in good standing, as determined by the department, which that
  121  can provide services to the target population of low-income
  122  persons, low-income elderly persons, and low-income physically
  123  disabled persons throughout the county.
  124         4. If a weatherization assistance program grantee is not
  125  available to serve the entire county area, the funds shall be
  126  distributed through the following process:
  127         a. An announcement of funding availability shall be
  128  provided to the county. The county may elect to administer the
  129  program.
  130         b. If the county elects not to administer the program, the
  131  department shall establish rules to address the selection of one
  132  or more public or private not-for-profit agencies that are
  133  experienced in weatherization, rehabilitation, or emergency
  134  repair to administer the program.
  135         5. If no eligible agency agrees to serve a county, the
  136  funds for that county shall be distributed to grantees having
  137  the best performance record as determined by department rule. At
  138  the end of the contract year, any uncontracted or unexpended
  139  funds shall be returned to the Federal Grants Energy Consumption
  140  Trust Fund and reallocated under the next year’s contracting
  141  cycle.
  142         Section 5. This act shall take effect July 1, 2014.

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