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.
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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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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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