Florida Statute 154.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 154
PUBLIC HEALTH FACILITIES

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F.S. 154.02

154.02 County Health Department Trust Fund.—

(1) To enable counties to provide public health services and maintain public health equipment and facilities, each county in the state with a population exceeding 100,000, according to the last state census, may levy an annual tax not exceeding 0.5 mill; each county in the state with a population exceeding 40,000 and not exceeding 100,000, according to the last state census, may levy an annual tax not exceeding 1 mill; and each county in the state with a population not exceeding 40,000, according to the last state census, may levy an annual tax not exceeding 2 mills, on the dollar on all taxable property in such county, the proceeds of which tax, if so contracted with the state, shall be paid to the Chief Financial Officer. However, the board of county commissioners may elect to pay in 12 equal monthly installments. Such funds in the hands of the Chief Financial Officer shall be placed in the county health department trust funds of the county by which such funds were raised, and such funds shall be expended by the Department of Health solely for the purpose of carrying out the intent and object of the public health contract.

(2) The Chief Financial Officer shall maintain a full-time County Health Department Trust Fund which shall contain all state and local funds to be expended by county health departments. Such funds shall be expended by the Department of Health solely for the purposes of carrying out the intent and purpose of this part. Federal funds may be deposited in the trust fund.

(3) Funds from the County Health Department Trust Fund may be expended by the Department of Health for the respective county health departments in accordance with budgets and plans agreed upon by the county authorities of each county and the Department of Health.

(4) The County Health Department Trust Fund shall be governed as follows:

(a) Each county health department shall be accounted for separately within the trust fund;

(b) For each participating county, the trust fund shall be divided into three levels of service, one for each type of service to be provided pursuant to s. 154.01(2)(a), (b), and (c);

(c) Funds appropriated by the Legislature or any county for the purpose of providing county health department services, as defined in s. 154.01(2), shall be disbursed through the trust fund;

(d) Under no circumstances may there be transfers of funds between levels of service without the proper contract amendments unless the county health department director determines that an emergency exists wherein a time delay would endanger the public health and the State Health Officer has approved the transfer. The State Health Officer shall forward written evidence of his or her approval to the county health department within 30 days after the transfer; and

(e) Any surplus funds, including fees or accrued interest, remaining in any county health department account at the end of the fiscal year shall be credited to the state or county, as appropriate, in such amounts as may be determined by multiplying the surplus funds remaining in a program account by the percentage of funding provided by each governmental entity for the rendering of the particular health service for which such account was established. Such surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year; however, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund and shall be accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity.

(5) Each fiscal quarter, the Department of Health shall render to each board of county commissioners providing funds to the trust fund, and to each county health department director or administrator, uniform financial statements of county health department account balances. It is the intent of the Legislature that these statements be uniform so that comparability between the same programs in separate county health departments may be enhanced. These uniform statements shall contain all useful and relevant information concerning the operations of the county health departments and shall specifically contain the following information for each county:

(a) The amount of funds expended year-to-date for each type of service within each of the three levels of service;

(b) The revenue and cash balances year-to-date in each county health department trust fund;

(c) The units of service and the number of clients served, where applicable, year-to-date for each type of service in each of the three levels of service;

(d) The actual amount of revenue deposited in the trust fund year-to-date by the state and the county, by source, compared to the amount of revenue, by source, from the state and the county that was projected in the contract for the contract year; and

(e) The final report for the contract year shall clearly state the amount of funds remaining in each county health department and the percentage of such funds that are credited to the state and the county.

(6) At a minimum, the trust fund shall consist of:

(a) An operating reserve, consisting of 8.5 percent of the annual operating budget, maintained to ensure adequate cash flow from nonstate revenue sources.

(b) An emergency reserve of $500,000, derived from an annual assessment on county health department funds based upon their proportionate share of state general revenue, maintained for county health departments to respond to public health emergencies such as epidemics and natural disasters.

(c) A fixed capital outlay reserve for nonrecurring expenses that are needed for the renovation and expansion of facilities, and for the construction of new and replacement facilities identified by the Department of Health in conjunction with the board of county commissioners in their annual state-county contract and approved by the State Surgeon General. These funds may not be used for construction projects unless there is a specific appropriation included in the General Appropriations Act for this purpose.

History.—s. 2, ch. 14906, 1931; CGL 1936 Supp. 2934(23); s. 19, ch. 29615, 1955; s. 2, ch. 61-119; ss. 19, 35, ch. 69-106; s. 1, ch. 72-323; s. 30, ch. 77-147; s. 5, ch. 83-177; s. 2, ch. 86-220; s. 3, ch. 88-294; s. 869, ch. 95-147; s. 14, ch. 96-403; s. 3, ch. 2001-53; s. 150, ch. 2003-261; s. 10, ch. 2008-6; s. 1, ch. 2009-57.

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Amendments to 154.02

Arrestable Offenses / Crimes under Fla. Stat. 154.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 154.02.

Annotations, Discussions, Cases:

Cases Citing Statute 154.02

Total Results: 17

Earl C. Ogden v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Citation: 273 So. 3d 162

Snippet: counsel advised him to reject the offer.” Id. at 154. 2 See, e.g., Payton v. State, 2018 WL 3853511,

State Department of Financial Services v. Branch Banking & Trust Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-13

Citation: 40 So. 3d 829, 2010 Fla. App. LEXIS 10147, 2010 WL 2732606

Snippet: filed an emergency motion pursuant to section 631.154(2), Florida Statutes (2009), in each case. In its

Rosenshein v. FLORIDA DCF

Court: District Court of Appeal of Florida | Date Filed: 2007-10-24

Citation: 971 So. 2d 837

Snippet: purposes of Medicaid eligibility. See 42 C.F.R. § 433.154. [2] Transmittal No. P02-01-0002, dated January 17

Pendelton v. Witcoski

Court: District Court of Appeal of Florida | Date Filed: 2002-11-25

Citation: 836 So. 2d 1025, 2002 WL 31641519

Snippet: risk of the mistake under the rule stated in § 154. (2) In determining whether the mistake has a material

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Court: Florida Attorney General Reports | Date Filed: 2000-03-20

Snippet: Commissioners of the tax authorized in section 154.02, Florida Statutes, count toward the 10 mills local

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Court: Florida Attorney General Reports | Date Filed: 1996-05-01

Snippet: Fla. Stat. (1995). 5 Section 154.02(1), Fla. Stat. (1995). 6 Section 154.02(2) and (4), Fla. Stat. (1995)

Florida Department of Insurance v. Centex-Great Southwest Corp.

Court: District Court of Appeal of Florida | Date Filed: 1994-07-05

Citation: 639 So. 2d 646, 1994 Fla. App. LEXIS 6519

Snippet: an evidentiary hearing pursuant to section 631.154(2) on the grounds that the report failed to comply

Mosely v. De Moya

Court: District Court of Appeal of Florida | Date Filed: 1986-11-04

Citation: 497 So. 2d 696, 11 Fla. L. Weekly 2319

Snippet: authorized the directors to remove that officer. § 607.154(2), Fla. Stat. (1983). See Frank v. Anthony, 107 So

Ago

Court: Florida Attorney General Reports | Date Filed: 1980-04-03

Snippet: all taxable property within the county. Section 154.02. Section 1, Art. VII, State Const., forbids the

Town of Indian River Shores v. Coll

Court: District Court of Appeal of Florida | Date Filed: 1979-12-05

Citation: 378 So. 2d 53

Snippet: 1974); 56 Am.Jur.2d, Municipal Corporations, § 154. [2] "(4) The provisions of this section shall be

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Court: Florida Attorney General Reports | Date Filed: 1974-12-20

Snippet: Op. Att'y Gen. Fla. 058-198 (1958). 2 Section 154.02, Fla. Stat.; see also, Op. Att'y Gen. Fla. 066-84

Trak Microwave Corp. v. Medaris Management, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1970-05-27

Citation: 236 So. 2d 189, 1970 Fla. App. LEXIS 6313

Snippet: Trak). For example, see Restatement of Contracts § 154(2). See also 6 Am.Jur.2d, Assignments § 15 p. 200

Whisnant v. Stringfellow

Court: Supreme Court of Florida | Date Filed: 1951-02-23

Citation: 50 So. 2d 885, 1951 Fla. LEXIS 1235

Snippet: commissioners of Lee County, as authorized by Section 154.02, Florida Statutes, same F.S.A.? It is here contended

Fuller v. Pierce

Court: Supreme Court of Florida | Date Filed: 1926-07-05

Citation: 109 So. 238, 92 Fla. 129

Snippet: recorded in Chancery Order Book Vol. 4, *page 154. 2. The Court erred in the rendition of its order

Emerson v. Ross'

Court: Supreme Court of Florida | Date Filed: 1879-01-15

Citation: 17 Fla. 122

Snippet: entire interest. (2 Pet, 523; 16 Fla., 416; 16 Fla., 154; 2 Fla., 94; 3 Fla., 175) "We take it, therefore,

McHardy v. Surviving of McHardy

Court: Supreme Court of Florida | Date Filed: 1857-02-15

Citation: 7 Fla. 301

Snippet: be urged to repel presumption. 2 Har. & M., 145, 154; 2 Phil. Ev. Cow. & Hill, 326 — note 307. The reason

Watts v. Clardy

Court: Supreme Court of Florida | Date Filed: 1848-01-05

Citation: 2 Fla. 369

Snippet: 471. — See also, 1 Hayward, 247, 163; 2 Ib., 130, 154; 2 Dess., 94; 4 Dess., 17; 1 Nott McCord, 69; 7 Yerger