House Bill 1619

    Florida House of Representatives - 2000                HB 1619

        By the Committee on Transportation and Representative K.
    Smith





  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         339.082, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Transportation; providing for sources of funds;

  6         exempting the trust fund from various service

  7         charges; providing for annual carryforward of

  8         funds; providing for future review and

  9         termination or re-creation of the trust fund;

10         amending s. 932.7055, F.S., relating to duties

11         of the department with respect to the deposit

12         of certain moneys, to conform; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 339.082, Florida Statutes, is

18  created to read:

19         339.082  Federal Law Enforcement Trust Fund.--

20         (1)  The Federal Law Enforcement Trust Fund is created

21  within the Department of Transportation. The department may

22  deposit into the trust fund receipts and revenues received as

23  a result of federal criminal, administrative, or civil

24  forfeiture proceedings and receipts and revenues received from

25  federal asset-sharing programs. The trust fund is exempt from

26  the service charges imposed by s. 215.20.

27         (2)  Notwithstanding the provisions of s. 216.301 and

28  pursuant to s. 216.351, any balance in the trust fund at the

29  end of any fiscal year shall remain in the trust fund at the

30  end of the year and shall be available for carrying out the

31  purposes of the trust fund.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1619

    198-334-00






  1         (3)  Pursuant to the provisions of s. 19(f)(2), Art.

  2  III of the State Constitution, the trust fund shall, unless

  3  terminated sooner, be terminated on July 1, 2004. Before its

  4  scheduled termination, the trust fund shall be reviewed as

  5  provided in s. 215.3206(1) and (2).

  6         Section 2.  Paragraph (k) is added to subsection (5) of

  7  section 932.7055, Florida Statutes, to read:

  8         932.7055  Disposition of liens and forfeited

  9  property.--

10         (5)  If the seizing agency is a state agency, all

11  remaining proceeds shall be deposited into the General Revenue

12  Fund.  However, if the seizing agency is:

13         (k)  The Department of Transportation, the proceeds

14  accrued pursuant to the provisions of the Florida Contraband

15  Forfeiture Act shall be deposited into the State

16  Transportation Trust Fund to be used for purposes of drug

17  interdiction or into the department's Federal Law Enforcement

18  Trust Fund as provided in s. 339.082, as applicable.

19         Section 3.  This act shall take effect July 1, 2000.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Creates the Federal Law Enforcement Trust Fund within the
24    Department of Transportation to receive moneys from
      federal forfeiture proceedings and from federal
25    asset-sharing programs. Exempts the trust fund from
      various service charges. Provides for annual carryforward
26    of funds. Provides for future review and termination or
      re-creation of the trust fund.
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