House Bill 4719

    Florida House of Representatives - 1998                HB 4719

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





  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         561.027, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Business and Professional Regulation; providing

  6         for sources of funds; exempting the trust fund

  7         from various service charges; providing for

  8         annual carryforward of funds; providing for

  9         future review and termination or re-creation of

10         the trust fund; amending s. 932.7055, F.S.,

11         relating to duties of the department with

12         respect to the deposit of certain moneys, to

13         conform; providing an effective date.

14

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

16

17         Section 1.  Section 561.027, Florida Statutes, is

18  created to read:

19         561.027  Federal Law Enforcement Trust Fund.--

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

21  within the Department of Business and Professional Regulation.

22  The department may deposit into the trust fund receipts and

23  revenues received as a result of federal criminal,

24  administrative, or civil forfeiture proceedings and receipts

25  and revenues received from federal asset-sharing programs. The

26  trust fund is exempt from the service charges imposed by s.

27  215.20.

28         (2)  Notwithstanding the provisions of s. 216.301 and

29  pursuant to s. 216.351, any balance in the trust fund at the

30  end of any fiscal year shall remain in the trust fund at the

31

                                  1

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






    Florida House of Representatives - 1998                HB 4719

    610-127-98






  1  end of the year and shall be available for carrying out the

  2  purposes of the trust fund.

  3         (3)  Pursuant to the provisions of s. 19(f)(2), Art.

  4  III of the State Constitution, the trust fund shall, unless

  5  terminated sooner, be terminated on July 1, 2002. Prior to its

  6  scheduled termination, the trust fund shall be reviewed as

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

  8         Section 2.  Paragraph (c) of subsection (5) of section

  9  932.7055, Florida Statutes, is amended to read:

10         932.7055  Disposition of liens and forfeited

11  property.--

12         (5)  If the seizing agency is a state agency, all

13  remaining proceeds shall be deposited into the General Revenue

14  Fund.  However, if the seizing agency is:

15         (c)  The Division of Alcoholic Beverages and Tobacco,

16  the proceeds accrued pursuant to the Florida Contraband

17  Forfeiture Act shall be deposited into the Alcoholic Beverage

18  and Tobacco Trust Fund or into the department's Federal Law

19  Enforcement Trust Fund as provided in s. 561.027, as

20  applicable.

21         Section 3.  This act shall take effect July 1 of the

22  year in which enacted.

23

24            *****************************************

25                          HOUSE SUMMARY

26
      Creates the Federal Law Enforcement Trust Fund within the
27    Department of Business and Professional Regulation.
      Provides for sources of funds therein, and exempts the
28    trust fund from various service charges. Provides for
      annual carryforward of funds in the trust fund. Provides
29    for future review and termination or re-creation of the
      trust fund.
30

31

                                  2