(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 Chief Financial Officer within the following funds, which funds are hereby created and established:
(a) General Revenue Fund.
(b) Trust funds.
(c) Budget Stabilization 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, transferred as provided in paragraph (c), or maintained as unallocated general revenue. Unallocated general revenue shall be considered the working capital balance of the state and shall consist of moneys in the General Revenue Fund that are in excess of the amount needed to meet General Revenue Fund appropriations for the current fiscal year.
1(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 is 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 Chief Financial Officer may establish accounts within the trust fund at a level considered necessary for proper accountability. Once an account is established, the Chief Financial Officer may authorize payment from that account only upon determining that there is sufficient cash and releases at the level of the account.
2. In addition to other trust funds created by law, to the extent possible, each agency shall use the following trust funds as described in this subparagraph for day-to-day operations:
a. Operations or operating trust fund, for use as a depository for funds to be used for program operations funded by program revenues, with the exception of administrative activities when the operations or operating trust fund is a proprietary fund.
b. Operations and maintenance trust fund, for use as a depository for client services funded by third-party payors.
c. Administrative trust fund, for use as a depository for funds to be used for management activities that are departmental in nature and funded by indirect cost earnings and assessments against trust funds. Proprietary funds are excluded from the requirement of using an administrative trust fund.
d. Grants and donations trust fund, for use as a depository for funds to be used for allowable grant or donor agreement activities funded by restricted contractual revenue from private and public nonfederal sources.
e. Agency working capital trust fund, for use as a depository for funds to be used pursuant to s. 216.272.
f. Clearing funds trust fund, for use as a depository for funds to account for collections pending distribution to lawful recipients.
g. Federal grant trust fund, for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues from federal sources.
To the extent possible, each agency must adjust its internal accounting to use existing trust funds consistent with the requirements of this subparagraph. If an agency does not have trust funds listed in this subparagraph and cannot make such adjustment, the agency must recommend the creation of the necessary trust funds to the Legislature no later than the next scheduled review of the agency’s trust funds pursuant to s. 215.3206.
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 Budget Stabilization Fund and General Revenue Fund in the General Appropriations Act.
b. This subparagraph does 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 Division of Licensing Trust Fund in the Department of Agriculture and Consumer Services; the State Transportation Trust Fund; the trust fund containing the net annual proceeds from the Florida Education Lotteries; the Florida Retirement System Trust Fund; trust funds under the management of the State Board of Education or the Board of Governors of the State University System, 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 Chief Financial Officer 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 Budget Stabilization Fund shall consist of amounts equal to at least 5 percent of net revenue collections for the General Revenue Fund during the last completed fiscal year. The Budget Stabilization Fund’s principal balance shall not exceed an amount equal to 10 percent of the last completed fiscal year’s net revenue collections for the General Revenue Fund. As used in this paragraph, the term “last completed fiscal year” means the most recently completed fiscal year prior to the regular legislative session at which the Legislature considers the General Appropriations Act for the year in which the transfer to the Budget Stabilization Fund must be made under this paragraph.
2. By September 15 of each year, the Governor shall authorize the Chief Financial Officer to transfer, and the Chief Financial Officer shall transfer pursuant to appropriations made by law, to the Budget Stabilization Fund the amount of money needed for the balance of that fund to equal the amount specified in subparagraph 1., less any amounts expended and not restored. The moneys needed for this transfer may be appropriated by the Legislature from any funds.
3. Unless otherwise provided in this subparagraph, an expenditure from the Budget Stabilization Fund must be restored pursuant to a restoration schedule that provides for making five equal annual transfers from the General Revenue Fund, beginning in the third fiscal year following that in which the expenditure was made. For any Budget Stabilization Fund expenditure, the Legislature may establish by law a different restoration schedule and such change may be made at any time during the restoration period. Moneys are hereby appropriated for transfers pursuant to this subparagraph.
4. The Budget Stabilization Fund may be used as a revolving fund for transfers as provided in s. 215.18; however, any interest earned must be deposited in the General Revenue Fund.
A. Section 110, ch. 2025-199, reenacted paragraph (2)(b) “[i]n order to implement the transfer of funds from the General Revenue Fund from trust funds for the 2025-2026 General Appropriations Act.”
B. Section 111, ch. 2025-199, provides that “[t]he text of s. 215.32(2)(b), Florida Statutes, as carried forward from chapter 2011-47, Laws of Florida, by this act expires July 1, 2026, and the text of that paragraph shall revert to that in existence on June 30, 2011, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective July 1, 2026, paragraph (2)(b), as amended by s. 111, ch. 2025-199, will read:
(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 Chief Financial Officer may establish accounts within the trust fund at a level considered necessary for proper accountability. Once an account is established within a trust fund, the Chief Financial Officer may authorize payment from that account only upon determining that there is sufficient cash and releases at the level of the account.
2. In addition to other trust funds created by law, to the extent possible, each agency shall use the following trust funds as described in this subparagraph for day-to-day operations:
a. Operations or operating trust fund, for use as a depository for funds to be used for program operations funded by program revenues, with the exception of administrative activities when the operations or operating trust fund is a proprietary fund.
b. Operations and maintenance trust fund, for use as a depository for client services funded by third-party payors.
c. Administrative trust fund, for use as a depository for funds to be used for management activities that are departmental in nature and funded by indirect cost earnings and assessments against trust funds. Proprietary funds are excluded from the requirement of using an administrative trust fund.
d. Grants and donations trust fund, for use as a depository for funds to be used for allowable grant or donor agreement activities funded by restricted contractual revenue from private and public nonfederal sources.
e. Agency working capital trust fund, for use as a depository for funds to be used pursuant to s. 216.272.
f. Clearing funds trust fund, for use as a depository for funds to account for collections pending distribution to lawful recipients.
g. Federal grant trust fund, for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues from federal sources.
To the extent possible, each agency must adjust its internal accounting to use existing trust funds consistent with the requirements of this subparagraph. If an agency does not have trust funds listed in this subparagraph and cannot make such adjustment, the agency must recommend the creation of the necessary trust funds to the Legislature no later than the next scheduled review of the agency’s trust funds pursuant to s. 215.3206.
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 Budget Stabilization Fund and General Revenue Fund in the General Appropriations Act.
b. This subparagraph does 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 Division of Licensing Trust Fund in the Department of Agriculture and Consumer Services; the State Transportation Trust Fund; the trust fund containing the net annual proceeds from the Florida Education Lotteries; the Florida Retirement System Trust Fund; trust funds under the management of the State Board of Education or the Board of Governors of the State University System, 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 Chief Financial Officer 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.
...onstitutional authority over them, because, as explained by the First District below, “a trust fund is, at its essence, nothing more than an accounting tool used to segregate monies within the State Treasury.” Graham, 75 So.3d at 318 -19 (citing § 215.32, Fla....
Cited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 1997 WL 739532
...Setoff under Nonbankruptcy Law Trust funds such as the Fund, consisting of moneys received by the State which under law are segregated for a purpose authorized by law, are deposited in the State Treasury and accounted for by the Treasurer and the Department of Banking and Finance. Fla. Stat. § 215.32....
...376.3071(3), and the Department is an administrative unit within the executive branch of the state government. Fla. Stat. *941 §§ 20.03 and 20.04. The Fund consists of moneys received by the State which under law are segregated for a purpose authorized by law. Fla. Stat. § 215.32. These moneys are deposited into the State Treasury. Fla. Stat. § 215.32....
Cited 4 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 113, 1985 Fla. LEXIS 2932
...Revenue and paid to the state treasurer for deposit into the general revenue fund as mandated by sections 212.18 and 212.20, Florida Statutes (1983). The revenues must then be returned to the counties by future appropriation measures contemplated by section 215.32, Florida Statutes (1983), which governs the handling of all revenues paid to the state treasurer....
Cited 4 times | Published | Florida 3rd District Court of Appeal
...the state pursuant to Section 212.20. We cannot find from the face of the Act that the legislature intended other than that these taxes be returned to the counties, less administrative costs, by future appropriation measures *519 as contemplated by Section 215.32(2)(a)....
...imposition of the Tax. The Court finds that such irreparable injury has been demonstrated. 7. Plaintiffs have demonstrated they are without adequate remedy at law... . [2] Chapter 215 governs the handing of all revenues paid into the State Treasury. Section 215.32, applicable here, provides: (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...
...Such moneys shall be expended pursuant to General Revenue Fund appropriations acts. ... [e.s.] We must reject the alternative construction urged by the county, that the funds may be transferred from the General Revenue Fund into a trust fund under Section 215.32(1)(b)....
...board, * * * or undertaking of the state shall be promptly deposited in the state treasury, and immediately credited to the appropriate fund as provided by law, and no money shall be paid from the state treasury except as appropriated by law. 4 F.S. Section 215.32, F.S.A., provides that all monies deposited in the state treasury shall be segregated into five designated funds, one of which is the state agencies’ fund which shall consist of all monies collected under the authority of the laws of...
...“(3) No refund of moneys referred to in this section shall be made of an amount-which is less than one dollar, except upon application.” . State ex rel. Tampa Electric Co. v. Gay, Comptroller, (Fla.1949) 40 So.2d 225 . . F.S. Section 215.31, F.S.A. . F.S. Section 215.32, F.S.A....
Cited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 765659
...BARFIELD, Chief Judge. Appellants seek review of a circuit court order in which the trial judge concluded that termination of the Election Campaign Financing Trust Fund (Trust Fund) pursuant to article III, section 19(f) of the Florida Constitution and sections 215.3206 and 215.3208, Florida Statutes (1995), did not relieve the Secretary of State (Secretary) of the duty to: 1) certify candidates' eligibility for public campaign financing; 2) determine the amount of moneys the eligible candidates are to receive; and 3) c...
...Elimination of trust funds will help ensure that all monies go first into the General Revenue Fund to be appropriated by the Legislature. This streamlined process would allow Florida citizens to make better and more informed judgments as to how their money is spent by the state. Section 215.32 provides for segregation of state funds into the general revenue fund, trust funds, and working capital fund....
...ct 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. In response to the constitutional amendment, the legislature enacted section 215.3206, which provides: (1) Prior to the regular session of the Legislature immediately preceding the date on which any executive or judicial branch trust fund is scheduled to be terminated, pursuant to the provisions of s....
...The agency or Chief Justice shall pay any outstanding debts of the trust fund as soon as practicable, and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities. Section 215.3208 set forth a schedule for termination of trust funds....
...s designated for deposit into the Trust hinged on the meaning of the provision that "[a]ll cash balances and income of any trust funds abolished under this subsection shall be deposited into the general revenue fund." Art. III, § 19(f)(2). See also § 215.3206(2), Fla....
...The trial judge also correctly found that she was under no obligation to defer to the advisory opinion because it was not limited to the construction of statutes within the purview of the Division, but instead also construed article III, section 19(f) of the Florida Constitution and sections 215.32, 215.3206(2), and 215.3208(4)(a), Florida Statutes....
...We reject appellants' argument that the trial judge ignored the clear intent behind article III, section 19(f) of the constitution, *158 and its effect on the act. The trial judge correctly gave effect to the Commission's expressed purpose of the constitutional amendment and to section 215.3206, Florida Statutes....
...any trust funds abolished shall be deposited into general revenue as providing that all moneys or funding sources originally designated for deposit into the Trust Fund be deposited into general revenue. As noted by the Commission and as provided in section 215.32(2), a trust fund merely segregates or earmarks funds....
...a trust fund was established be eliminated. Rather, it is the Commission's intent to provide for a more transparent budget by simply moving the funds from `trust funds' into the General Revenue Fund, where the funds can be more easily monitored." In section 215.3206(1), the legislature provided that each recommendation regarding whether a trust fund should be allowed to terminate or should be re-created shall be based on a "review of the purpose and use of the trust fund and a determination of w...
...n made by law. [4] We again note that the legislature, when faced with this issue during the 1996 session declined to re-create the Trust Fund but also declined to repeal the entire public campaign financing act. [5] Art. III, § 19(f), Fla. Const.; § 215.3206, Fla....
...The fact that the tuition and fees are deposited into a trust fund rather than the General Revenue Fund has no bearing on the Legislature's plenary authority over *319 those monies because a trust fund is, at its essence, nothing more than an accounting tool used to segregate monies within the State Treasury. See § 215.32, Fla....
...We find nothing in the State Constitution that precludes the receipt and use by the state or its officials of contributions from citizens provided the same are received and used for a public purpose in the manner authorized by the Legislature. The Legislature has done this by F.S. Section 215.32(2) (b), par....
...serve the integrity of any moneys received or collected by .a state agency for a specific use or purpose authorized by law. The state agency receiving or collecting such moneys shall be responsible for their proper expenditure as provided by law. “215.32(2) (b) 3....
...ate Treasury as provided by law. No money may be maintained in such clearing account for a period longer than approved by the Treasurer or 40 days, whichever is shorter, prior to being transmitted to the Treasurer. Section 18.101(1), F.S. Further, s 215.32 , F.S., requires all moneys received to be deposited in the State Treasury unless specifically provided otherwise by law and accounted for by the Treasurer and the Department of Banking and Finance in funds including, relevant to this inquiry,...
...Local Government Half-cent Sales Tax Clearing Trust Fund . . . .' The remainder of the tax revenues collected pursuant to Ch. 212, as amended, should be deposited in the General Revenue Fund in the State Treasury as required by ss 212.20 , 215.31 , 215.32 and 18.101, F.S....
...r such moneys into any other fund established by law. Section 215.31 , F.S., requires such deposits to be immediately credited to the appropriate fund by the Treasurer and properly accounted for by the Department of Banking and Finance as to source. Section 215.32 (1), F.S., read with s 212.82, F.S....
....' This administrative duty includes the responsibility for properly depositing the funds initially as well as distributing them monthly to the participating units of local government based on the distribution formula set forth in s 212.84, F.S. 1982. See also , s 215.32 (2)(b)1....
...lows: “This is in further regard to the request for an Advisory Opinion under date of June 5, 1967. “In addition to the question posed in said letter, it would be extremely helpful if the Court could clarify the trust fund section referred to in Section 215.32 (1) (b) and Section 215.32 (2) (bl), Florida Statutes. The matter which I find necessary to have clarified is whether Section 215.32 has, by legislative action, created a trust fund into which I can deposit, without any action by the Budget Commission, contributions received from private citizens for public purposes authorized by law. “It would appear that Section 215.32 creates a trust account into which such funds can be deposited....
...ulation Trust Fund. Section 215.31 , F. S., requires all revenues collected or received under the authority of state laws by any state agency or officer to be promptly deposited in the State Treasury and immediately credited to the appropriate fund. Section 215.32 , F....
...Motor Pool, as the administering state agency under the terms of the annual state contract for rental vehicles must be deposited in the State Treasury within or to the credit of the General Revenue Fund, pursuant to the provisions of ss. 215.31 and 215.32 , F....
...the aforementioned purchasing agreement for airport rental car services or the use or disposition of such moneys. Cf . s. 215.37 (2), F. S. Therefore, any such receipts of money by the Division of Motor Pool must be deposited in the State Treasury. Section 215.32 (1), F....
...financial institution outside of the State Treasury. Cf . s. 240.095, F. S., relating to the deposit outside of the State Treasury of certain funds received by institutions or agencies in the State University System. Of the four funds denominated in s. 215.32 , F....
...The source and use of the General Revenue Fund `consist of all moneys received by the state from every source whatsoever, except as provided (for the Trust Funds and the Working Capital Fund)' and such moneys are required to be expended pursuant to General Revenue Fund Appropriations Acts. Section 215.32 (2)(a)....
...The source and use of the trust funds `consist of moneys received by the state which under law or under trust agreement are segregated for a purpose authorized by law,' and the state agency receiving or collecting such moneys is responsible for their proper expenditure as provided by law. Section 215.32 (2)(b)1. Section 215.32 (2)(b)3....
...The Legislature has been and is appropriating money for the division's operating expenses from the Motor Vehicle Operating Trust Fund in the annual General Appropriations Act, thus no trust agreement under s. 215.33(2)(b)1., F. S., is controlling the expenditure of the moneys in the trust fund, and s. 215.32 (2)(b)3., F....
...accounted for by the Department of Banking and Finance as to source and no money shall be paid from the State Treasury except as appropriated and provided by the annual General Appropriations Act, or as otherwise provided by law. Subsection (1) of s 215.32 , F.S., in relevant part, provides that "[a]ll moneys received by the state shall be deposited in the State Treasury unless specifically provided otherwise by law ....
...will be taken up by the latter upon his account current and treated as public moneys." (e.s.) This statute does not expressly authorize or specifically provide for the retention of state funds outside the State Treasury, as required by ss 18.101 and 215.32 , F.S....
...Subsection (4) of s 250.36 specifically states that moneys received from fines from the several courts-martial are public money, and therefore must be treated accordingly. The provisions of Ch. 215 and s 18.101, F.S., set forth in Question One A. above are equally applicable to these moneys. Section 215.32 (1), F.S., specifically requires that all moneys received by the state must be deposited in the State Treasury unless specifically provided otherwise by law....
...Under the terms of the statute any contributions or appropriations made by local governments would be limited to the purpose stated. There is no authorization in s 250.40 , F.S., or any other provision of Ch. 250 to maintain such moneys in local bank accounts. Therefore, pursuant to ss 215.31 , 215.32 and 18.101, F.S., such moneys must be deposited in the State Treasury. However, a separate trust fund within the State Treasury for such moneys limiting the use of such funds to the specified uses of s 250.40 , F.S., may be established pursuant to s 215.32 (2)(b), F.S....
...t fund either by legislature or by budget commission for purpose of receiving private contributions from persons or foundations to assist in law enforcement; such funds to be initially deposited in state treasury). Section 250.40 , F.S., read with s 215.32 (2), F.S., provide the authority for the Armory Board to receive such local contributions for specified military purposes and supplies the proper procedure for their deposit in a special segregated trust fund in the State Treasury and their eventual disbursement and expenditure....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
