215.32 State funds; segregation. ---
(1) All moneys received by the state shall be deposited in the
State Treasury unless specifically provided otherwise by law and shall be
deposited in and accounted for by the Treasurer and the Department of Banking
and Finance within the following funds, which funds are hereby created and
established:
(a) General Revenue Fund.
(b) Trust funds.
(c) Working Capital Fund.
(2) The source and use of each of these funds shall be as
follows:
(a) The General Revenue Fund shall consist of all moneys received by
the state from every source whatsoever, except as provided in paragraphs (b)
and (c). Such moneys shall be expended pursuant to General Revenue Fund
appropriations acts or transferred as provided in paragraph (c). Annually, at
least 5 percent of the estimated increase in General Revenue Fund receipts for
the upcoming fiscal year over the current year General Revenue Fund effective
appropriations shall be appropriated for state-level capital outlay, including
infrastructure improvement and general renovation, maintenance, and
repairs.
(b)
1. The trust funds shall consist of moneys received by the state
which under law or under trust agreement are segregated for a purpose
authorized by law. The state agency or branch of state government receiving
or collecting such moneys shall be responsible for their proper expenditure as
provided by law. Upon the request of the state agency or branch of state
government responsible for the administration of the trust fund, the
Comptroller may establish accounts within the trust fund at a level deemed
necessary for proper accountability. Once an account is established within a
trust fund, the Comptroller shall authorize payment from that account only
upon determining that there is sufficient cash and releases at the level of
the account.
2. In order to maintain a minimum number of trust funds in the State
Treasury, each state agency or the judicial branch may consolidate, if
permitted under the terms and conditions of their receipt, the trust funds
administered by it; provided, however, the agency or judicial branch employs
effectively a uniform system of accounts sufficient to preserve the integrity
of such trust funds; and provided, further, that consolidation of trust funds
is approved by the Administration Commission or the Chief Justice.
3. All such moneys are hereby appropriated to be expended in
accordance with the law or trust agreement under which they were received,
subject always to the provisions of chapter 216 relating to the appropriation
of funds and to the applicable laws relating to the deposit or expenditure of
moneys in the State Treasury.
4.
a. Notwithstanding any provision of law restricting the use of
trust funds to specific purposes, unappropriated cash balances from selected
trust funds may be authorized by the Legislature for transfer to the Working
Capital Fund in the General Appropriations Act.
b. The provisions of this subparagraph shall not apply to trust
funds required by federal programs or mandates; trust funds established for
bond covenants, indentures, or resolutions whose revenues are legally pledged
by the state or public body to meet debt service or other financial
requirements of any debt obligations of the state or any public body; the
State Transportation Trust Fund; the trust fund containing the net annual
proceeds from the Florida Education Lotteries; the Florida Retirement Trust
Fund; trust funds under the management of the Board of Regents, where such
trust funds are for auxiliary enterprises, self-insurance, and contracts,
grants, and donations, as those terms are defined by general law; trust funds
that serve as clearing funds or accounts for the Comptroller or state
agencies; trust funds that account for assets held by the state in a trustee
capacity as an agent or fiduciary for individuals, private organizations, or
other governmental units; and other trust funds authorized by the State
Constitution.
(c)
1. The amount of moneys in the General Revenue Fund shall be
determined at the beginning of the fiscal year based on the Revenue Estimating
Conference's estimate of funds available. This amount shall be adjusted upon
determination of the previous year's appropriations which remain unspent after
certifications are completed pursuant to s. 216.301.
2. The Working Capital Fund shall consist of an amount, not more
than 10 percent of the amount of net revenue of the General Revenue Fund for
the preceding fiscal year, which accrues from moneys in the General Revenue
Fund which are in excess of the amount needed to meet the General Revenue Fund
appropriations acts. The Legislature shall have as a goal that the Working
Capital Fund for fiscal year 1994-1995 have not less than 2 percent of the
amount of net revenue of the General Revenue Fund for the preceding fiscal
year, that the Working Capital Fund for fiscal year 1995-1996 have not less
than 3 percent of the amount of net revenue of the General Revenue Fund for
the preceding fiscal year, that the Working Capital Fund for fiscal year
1996-1997 have not less than 4 percent of the amount of net revenue of the
General Revenue Fund for the preceding fiscal year, and that the Working
Capital Fund for fiscal year 1997-1998 and each fiscal year thereafter have
not less than 5 percent of the amount of net revenue of the General Revenue
Fund for the preceding fiscal year. By September 15 of each year, the
Executive Office of the Governor shall transfer the excess funds that are in
the General Revenue Fund to the Working Capital Fund. Whenever the Governor
determines that revenue collections in the General Revenue Fund will be
insufficient to meet General Revenue Fund appropriations, he or she shall
certify the amount of the deficit and transfer up to the amount specified in
the General Appropriations Act from the Working Capital Fund to the General
Revenue Fund pursuant to s. 216.221. When not required to meet General Revenue
Fund appropriations, such moneys shall be used as a revolving fund for
transfers as provided by s. 215.18; and when the Comptroller determines that
such moneys are not needed for either type of transfer, they may be
temporarily invested as provided in s. 18.125.
3. The provisions of subparagraph 1. notwithstanding, the
Comptroller shall pay from the Working Capital Fund such claims as are
authorized pursuant to s. 265.55.
History: s. 3, ch. 22833, 1945; s. 1, ch. 59-91; s. 2, ch. 59-257; s. 1, ch.
61-119; s. 1, ch. 65-266; s. 3, ch. 65-420; ss. 2, 3, ch. 67-371; ss. 12, 31,
35, ch. 69-106; s. 1, ch. 73-196; ss. 1, 2, ch. 73-316; s. 1, ch. 77-352; s.
15, ch. 79-190; s. 2, ch. 80-114; s. 6, ch. 81-169; s. 2, ch. 81-231; s. 9,
ch. 81-295; ss. 2, 25, ch. 83-49; s. 31, ch. 87-247; s. 8, ch. 87-331; s. 44,
ch. 87-548; s. 47, ch. 89-356; s. 5, ch. 91-79; s. 1, ch. 91-109; s. 14, ch.
92-142; s. 1, ch. 93-159; s. 1146, ch. 95-147.
