House Bill 4661

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







    Florida House of Representatives - 1998                HB 4661

        By the Committee on Criminal Justice Appropriations and
    Representative Villalobos





  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         943.365, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Law Enforcement; providing for sources of

  6         funds; exempting the trust fund from various

  7         service charges; providing for annual

  8         carryforward of funds; providing for future

  9         review and termination or re-creation of the

10         trust fund; amending ss. 932.7055 and 943.362,

11         F.S., relating to duties of the department with

12         respect to the deposit of certain moneys, to

13         conform; providing an effective date.

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

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17         Section 1.  Section 943.365, Florida Statutes, is

18  created to read:

19         943.365  Federal Law Enforcement Trust Fund.--

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

21  within the Department of Law Enforcement. 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 - 1998                HB 4661

    608-150A-98






  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, 2002. Prior to its

  4  scheduled termination, the trust fund shall be reviewed as

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

  6         Section 2.  Paragraph (a) of subsection (5) of section

  7  932.7055, Florida Statutes, is amended 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         (a)  The Department of Law Enforcement, the proceeds

14  accrued pursuant to the provisions of the Florida Contraband

15  Forfeiture Act shall be deposited into the Forfeiture and

16  Investigative Support Trust Fund as provided in s. 943.362 or

17  into the department's Federal Law Enforcement Trust Fund as

18  provided in s. 943.365, as applicable.

19         Section 3.  Subsection (1) of section 943.362, Florida

20  Statutes, is amended to read:

21         943.362  Forfeiture and Investigative Support Trust

22  Fund.--

23         (1)  There is created the Forfeiture and Investigative

24  Support Trust Fund into which the department may deposit

25  revenues received as a result of state or federal criminal

26  proceedings, other than revenues deposited into the

27  department's Federal Law Enforcement Trust Fund under s.

28  943.365.

29         Section 4.  This act shall take effect July 1 of the

30  year in which enacted.

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






    Florida House of Representatives - 1998                HB 4661

    608-150A-98






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  2                          HOUSE SUMMARY

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      Creates the Federal Law Enforcement Trust Fund within the
  4    Department of Law Enforcement. Provides for sources of
      funds therein, and exempts the trust fund from various
  5    service charges. Provides for annual carryforward of
      funds in the trust fund. Provides for future review and
  6    termination or re-creation of the trust fund.

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