House Bill 4541

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    Florida House of Representatives - 1998                HB 4541

        By the Committee on General Government Appropriations and
    Representative K. Pruitt





  1                      A bill to be entitled

  2         An act relating to the Department of Management

  3         Services; creating s. 215.656, F.S.; providing

  4         for the issuance of bonds to finance or

  5         refinance the acquisition, construction, and

  6         equipping of a law enforcement radio

  7         information system; amending s. 320.0802, F.S.;

  8         extending the time period on the surcharge on a

  9         license tax until such bonds are paid or

10         provision is made therefore; amending s.

11         327.25, F.S.; extending the time period on the

12         surcharge on vessel registration fees until

13         such bonds are paid or provision made

14         therefore; providing an effective date.

15

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

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18         Section 1.  Section 215.656, Florida Statutes, is

19  created to read:

20         215.656  Bonds for law enforcement radio information

21  system.--

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

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

24  enforcement radio information system is hereby authorized by

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

26  the Department of Management Services.

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

28  payable solely from the surcharge imposed on license taxes

29  pursuant to s. 320.0802 and the surcharge imposed on vessel

30  registration fees pursuant to s. 327.25, which are transferred

31  to the State Agency Law Enforcement Radio System Trust Fund of

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    Florida House of Representatives - 1998                HB 4541

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  1  the Department of Management Services, subject to annual

  2  appropriation by the Legislature.  The bonds shall not

  3  constitute a general obligation of the state or a pledge of

  4  the full faith and credit of the taxing power of the state.

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

  6  term not to exceed 15 years.

  7         (4)  The Department of Management Services shall

  8  request the Division of Bond Finance to issue the bonds

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

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

11  pursuant to this section shall be deposited into the State

12  Agency Law Enforcement Radio System Trust Fund.

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

14  financed or refinanced with the proceeds of the bonds issued

15  under this section is designated as a state fixed capital

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

17  Constitution and the specific projects to be financed or

18  refinanced shall be determined by the Department of Management

19  Services.  Each phase of the law enforcement radio information

20  system including towers, shelters, equipment, and related

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

22  bonds issued pursuant to this section is hereby approved as

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

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

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

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

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

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

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

30  Attorney for the Second Judicial Circuit.  The validation of

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

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    Florida House of Representatives - 1998                HB 4541

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

  2  expedited basis.

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

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

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

  6  materially adversely affect the rights of such holders so long

  7  as bonds authorized by this section are outstanding.

  8         Section 2.  Section 320.0802, Florida Statutes, is

  9  amended to read:

10         320.0802  Surcharge on license tax.--During the period

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

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

13  320.08, except those set forth in s. 320.08(11), a surcharge

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

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

16  Law Enforcement Radio System Trust Fund of the Department of

17  Management Services. However, The surcharge shall not

18  terminate until any bonds issued pursuant to s. 215.656 shall

19  be paid or provision made therefore be terminated on midnight

20  December 31, 1994, unless the pilot project established in s.

21  282.1095 is deemed successful by the joint task force with the

22  concurrence of the Governor and Cabinet as the head of the

23  Department of General Services.

24         Section 3.  Subsection (9) of section 327.25, Florida

25  Statutes, is amended to read:

26         327.25  Classification; registration; fees and charges;

27  surcharge; disposition of fees; fines; marine turtle

28  stickers.--

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

30  1, 1989, through December 31, 2003, there is hereby levied and

31  imposed on each vessel registration fee imposed under

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    Florida House of Representatives - 1998                HB 4541

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

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

  3  State Agency Law Enforcement Radio System Trust Fund of the

  4  Department of Management Services.  However, the surcharge

  5  shall not terminate until any bonds issued pursuant to s.

  6  215.656 shall be paid or provision made therefore be

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

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

  9  joint task force with the concurrence of the Governor and

10  Cabinet as the head of the Department of Management Services.

11         Section 4.  This act shall take effect upon becoming a

12  law.

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14            *****************************************

15                          HOUSE SUMMARY

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      Provides for the issuance of bonds to finance or
17    refinance the acquisition, construction, and equipping of
      a law enforcement radio information system. Provides that
18    the bonds will be issued on behalf of the Department of
      Management Services. See bill for details.
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