CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1378
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Childers moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 28, between lines 15 and 16,
15
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
1
10:18 AM 04/22/98 s1378c1c-01m0a
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
2
10:18 AM 04/22/98 s1378c1c-01m0a
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
3
10:18 AM 04/22/98 s1378c1c-01m0a
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
4
10:18 AM 04/22/98 s1378c1c-01m0a
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.
30
31
5
10:18 AM 04/22/98 s1378c1c-01m0a
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;
26
27
28
29
30
31
6
10:18 AM 04/22/98 s1378c1c-01m0a