Bill Text: FL S1764 | 2018 | Regular Session | Introduced

Bill Title: Healthy Florida Trust Fund/State Treasury

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Health Policy [S1764 Detail]

Download: Florida-2018-S1764-Introduced.html
       Florida Senate - 2018                                    SB 1764
       By Senator Torres
       15-01825-18                                           20181764__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; creating s. 408.971,
    3         F.S.; creating the Healthy Florida Trust Fund in the
    4         State Treasury to be administered by the Healthy
    5         Florida Board created under SB ____; providing that
    6         moneys in the fund must be continuously appropriated
    7         without regard to fiscal year; authorizing unexpended
    8         or unencumbered moneys in a fiscal year to be carried
    9         forward to the next fiscal year; providing that moneys
   10         in the fund may not be loaned, transferred, or
   11         otherwise used by the state except for certain
   12         purposes; requiring the board to establish and
   13         maintain a prudent reserve in the fund; prohibiting
   14         specified uses of moneys by the board or board staff;
   15         requiring that moneys be used only for purposes
   16         specified in the Healthy Florida Act created under SB
   17         ____; requiring that interest earned on fund moneys be
   18         retained in the fund; specifying the funds that will
   19         be held in the trust fund; requiring that a federal
   20         funds account be created within the trust fund to hold
   21         federal funds; providing for future review and
   22         termination or re-creation of the trust fund;
   23         providing directives to the Division of Law Revision
   24         and Information; providing a contingent effective
   25         date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Section 408.971, Florida Statutes, is created to
   30  read:
   31         408.971 The Healthy Florida Trust Fund.—
   32         (1)The Healthy Florida Trust Fund is created in the State
   33  Treasury to be administered by the Healthy Florida Board in
   34  accordance with this part. Notwithstanding chapter 216, all
   35  moneys in the fund must be continuously appropriated without
   36  regard to fiscal year. Any moneys in the fund that are
   37  unexpended or unencumbered at the end of a fiscal year may be
   38  carried forward to the next fiscal year.
   39         (2)Notwithstanding any other law, moneys deposited in the
   40  fund may not be loaned, transferred, or otherwise used by the
   41  state for any purpose other than as provided under this part.
   42         (3)The board shall establish and maintain a prudent
   43  reserve in the fund.
   44         (4)The board or staff of the board may not use moneys
   45  intended for the administrative and operational expenses of the
   46  board for staff retreats, promotional giveaways, excessive
   47  executive compensation, or promotion of federal or state
   48  legislative or regulatory modifications. Moneys in the fund may
   49  be used only for the purposes specified in this part.
   50         (5)Notwithstanding s. 215.20, all interest earned on the
   51  moneys that have been deposited into the fund must be retained
   52  in the fund.
   53         (6)The trust fund consists of all of the following:
   54         (a)All moneys obtained pursuant to legislation enacted as
   55  proposed under s. 408.972.
   56         (b)Federal payments received as a result of any waiver of
   57  requirements granted or other arrangements agreed to by the
   58  United States Secretary of Health and Human Services or other
   59  appropriate federal officials for health care programs
   60  established under Medicare, any federally matched public health
   61  program, or the Affordable Care Act.
   62         (c)The amounts paid by the Department of Health which are
   63  equivalent to those amounts that are paid on behalf of residents
   64  of this state under Medicare, any federally matched public
   65  health program, or the Affordable Care Act for health benefits
   66  that are equivalent to health benefits covered under Healthy
   67  Florida.
   68         (d)Federal and state funds for purposes of the provision
   69  of services authorized under Title XX of the Social Security
   70  Act, 42 U.S.C. ss. 1397 et seq., which would otherwise be
   71  covered under Healthy Florida.
   72         (e)State moneys that would otherwise be appropriated to
   73  any governmental agency, office, program, instrumentality, or
   74  institution that provides health care services and benefits
   75  covered under Healthy Florida.
   77  Payments to the fund pursuant to this subsection must be in an
   78  amount equal to the money appropriated for those purposes in the
   79  fiscal year beginning immediately preceding the effective date
   80  of this act.
   81         (7) A federal funds account must be created within the fund
   82  to hold federal moneys under this section.
   83         (8) In accordance with s. 19(f)(2), Art. III of the State
   84  Constitution, unless terminated sooner, the Healthy Florida
   85  Trust Fund shall be terminated 4 years after the effective date
   86  of this act. Before its scheduled termination, the trust fund
   87  shall be reviewed as provided under s. 215.3206(1) and (2).
   88         Section 2. The Division of Law Revision and Information is
   89  directed to replace the phrase “the effective date of this act”
   90  where it occurs in this act with the date the act becomes a law.
   91         Section 3. The Division of Law Revision and Information is
   92  directed to replace the phrase “4 years after the effective date
   93  of this act” where it occurs in this act with the date the trust
   94  fund will terminate.
   95         Section 4. This act shall take effect on the same date that
   96  SB ____ or similar legislation takes effect, if such legislation
   97  is adopted in the same legislative session or an extension
   98  thereof and becomes a law.