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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Childers moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 28, between lines 15 and 16,

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16  insert:

17         Section 16.  Section 215.656, Florida Statutes, is

18  created to read:

19         215.656  Bonds for law enforcement radio information

20  system.--

21         (1)  The issuance of bonds to finance or refinance the

22  cost of the acquisition, construction, and equipping of a law

23  enforcement radio information system is hereby authorized by

24  the Division of Bond Finance on behalf of and in the name of

25  the Department of Management Services.

26         (2)  Bonds issued pursuant to this section shall be

27  payable solely from annual rents paid by the Departments of

28  Transportation, Business and Professional Regulation,

29  Agriculture and Consumer Services, Highway Safety and Motor

30  Vehicles, Law Enforcement, Environmental Protection,

31  Corrections, Insurance, and Management Services, and by the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    





 1  Game and Fresh Water Fish Commission, the State University

 2  System, and other agencies that use the law enforcement radio

 3  information system to the Department of Management Services

 4  for use of the system, subject to annual appropriation by the

 5  Legislature.  The bonds shall not constitute a general

 6  obligation of the state or a pledge of the full faith and

 7  credit of the taxing power of the state.

 8         (3)  Bonds issued pursuant to this section shall have a

 9  term not to exceed 15 years.

10         (4)  The Department of Management Services shall

11  request the Division of Bond Finance to issue the bonds

12  authorized by this section pursuant to the State Bond Act.

13         (5)  The proceeds from the sale of bonds issued

14  pursuant to this section shall be deposited into the State

15  Agency Law Enforcement Radio System Trust Fund.

16         (6)  The law enforcement radio information system to be

17  financed or refinanced with the proceeds of the bonds issued

18  under this section is designated as a state fixed capital

19  outlay project for purposes of s. 11(d), Art. VII of the State

20  Constitution and the specific projects to be financed or

21  refinanced shall be determined by the Department of Management

22  Services.  Each phase of the law enforcement radio information

23  system including towers, shelters, equipment, and related

24  facilities, to be financed or refinanced with the proceeds of

25  bonds issued pursuant to this section is hereby approved as

26  required by s. 11(e), Art. VII of the State Constitution.

27         (7)  Bonds issued pursuant to this section shall be

28  validated in the manner provided by chapter 75.  The complaint

29  for such validation shall be filed in the Circuit Court for

30  Leon County, the notice required to be published by s. 75.06

31  shall be published in Leon County, and the complaint and order

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    





 1  of the Circuit Court shall be served only on the State

 2  Attorney for the Second Judicial Circuit.  The validation of

 3  at least the first bonds issued pursuant to this section shall

 4  be appealed to the Supreme Court, to be handled on an

 5  expedited basis.

 6         (8)  The state does hereby covenant with holders of

 7  such bonds issued under this section that it will not repeal

 8  or impair or amend these provisions in any manner which will

 9  materially adversely affect the rights of such holders so long

10  as bonds authorized by this section are outstanding.

11         Section 17.  Section 320.0802, Florida Statutes, is

12  amended to read:

13         320.0802  Surcharge on license tax.--During the period

14  January 1, 1989, through December 31, 2003, There is hereby

15  levied and imposed on each license tax imposed under s.

16  320.08, except those set forth in s. 320.08(11), a surcharge

17  in the amount of $1, which shall be collected in the same

18  manner as the license tax and deposited into the State Agency

19  Law Enforcement Radio System Trust Fund of the Department of

20  Management Services. However, the surcharge shall be

21  terminated on midnight December 31, 1994, unless the pilot

22  project established in s. 282.1095 is deemed successful by the

23  joint task force with the concurrence of the Governor and

24  Cabinet as the head of the Department of General Services.

25         Section 18.  Subsection (9) of section 327.25, Florida

26  Statutes, is amended to read:

27         327.25  Classification; registration; fees and charges;

28  surcharge; disposition of fees; fines; marine turtle

29  stickers.--

30         (9)  SURCHARGE.--In addition, during the period January

31  1, 1989, through December 31, 2003, there is hereby levied and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    





 1  imposed on each vessel registration fee imposed under

 2  subsection (1) a surcharge in the amount of $1, which shall be

 3  collected in the same manner as the fee and deposited into the

 4  State Agency Law Enforcement Radio System Trust Fund of the

 5  Department of Management Services. However, the surcharge

 6  shall be terminated on midnight December 31, 1994, unless the

 7  pilot project established in s. 282.1095 is deemed successful

 8  by the joint task force with the concurrence of the Governor

 9  and Cabinet as the head of the Department of Management

10  Services.

11         Section 19.  Subsections (1), (3), and (4) of section

12  282.1095, Florida Statutes, are amended to read:

13         282.1095  State agency law enforcement radio system.--

14         (1)  For the purpose of acquiring and implementing a

15  statewide radio communications system to serve law enforcement

16  units of state agencies, and to serve local law enforcement

17  agencies through a mutual aid channel, the Joint Task Force on

18  State Agency Law Enforcement Communications is established in

19  the Department of Management Services and the State Agency Law

20  Enforcement Radio System Trust Fund is established in the

21  Department of Management Services from July 1, 1988, through

22  December 31, 2003. The trust fund shall be funded from

23  surcharges collected under ss. 320.0802 and 327.25.

24         (3)  Moneys in the trust fund may be used by the joint

25  task force to acquire by competitive procurement the

26  equipment; software; and engineering, administrative, and

27  maintenance services it needs to construct, operate, and

28  maintain the statewide radio system.  Moneys in the trust fund

29  collected as a result of the surcharges set forth in ss.

30  320.0802 and 327.25 shall be used to help fund the costs of

31  the system.  Upon completion of the system, moneys in the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    





 1  trust fund may also be used by the joint task force to provide

 2  for payment of the recurring maintenance costs of the system.

 3  During statewide implementation, moneys in the trust fund may

 4  be used by the joint task force to maintain and enhance, over

 5  and above existing agency budgets, existing radio equipment

 6  systems of the state agencies represented by the task force

 7  members, up to a maximum of 10 percent per year per agency, of

 8  the existing radio equipment inventory until the existing

 9  radio equipment can be replaced pursuant to implementation of

10  the statewide radio communications system.

11         (4)(a)  The joint task force, shall establish policies,

12  procedures, and standards which shall be incorporated into a

13  comprehensive management plan for the use and operation of the

14  statewide radio communications system.

15         (b)  The joint task force shall have the authority to

16  permit other state agencies to use the communications system,

17  under terms and conditions established by the joint task

18  force.

19         (c)  Annually, the Departments of Transportation,

20  Business and Professional Regulation, Agriculture and Consumer

21  Services, Highway Safety and Motor Vehicles, Law Enforcement,

22  Environmental Protection, Corrections, Insurance, and

23  Management Services, and by the Game and Fresh Water Fish

24  Commission, the State University System, and other agencies

25  that use the law enforcement radio information system shall

26  pay, from their respective expense budgets, rent to the

27  Department of Management Services for use of the system based

28  on each agency's proportionate use of the system, as

29  determined by the joint task force.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1378

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 3, line 13, after the semicolon

 4

 5  insert:

 6         creating s. 215.656, F.S.; providing for the

 7         issuance of bonds to finance or refinance the

 8         acquisition, construction, and equipping of a

 9         law enforcement radio information system;

10         amending s. 320.0802, F.S.; extending the time

11         period on the surcharge on a license tax for

12         the acquisition, construction, and equipping of

13         a law enforcement radio information system;

14         amending s. 327.25, F.S.; extending the time

15         period on the surcharge on vessel registration

16         for the acquisition, construction, and

17         equipping of a law enforcement radio

18         information system; amending s. 282.1095, F.S.;

19         deleting a limit on the State Agency Law

20         Enforcement Radio System Trust Fund; repealing

21         use of the fund for certain existing radio

22         systems; requiring state agencies to pay

23         certain rent for use of the system as

24         determined by the Joint Task Force on State

25         Agency Law Enforcement Communications;

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