House Bill 4723

    Florida House of Representatives - 1998                HB 4723

        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         250.175, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Military Affairs; 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 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 250.175, Florida Statutes, is

18  created to read:

19         250.175  Federal Law Enforcement Trust Fund.--

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

21  within the Department of Military Affairs. 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 4723

    610-130-98






  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 (j) 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         (j)  The Department of Military Affairs, the proceeds

14  accrued from federal forfeiture sharing pursuant to 21 U.S.C.

15  ss. 881(e)(1)(A) and (3), 18 U.S.C. s. 981(e)(2), and 19

16  U.S.C. s. 1616a shall be deposited into the Armory Board Trust

17  Fund and used for purposes authorized by such federal

18  provisions based on the department's budgetary authority or

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

20  provided in s. 250.175, as 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 Military Affairs. Provides for sources of
      funds therein, and exempts the trust fund from various
28    service charges. Provides for annual carryforward of
      funds in the trust fund. Provides for future review and
29    termination or re-creation of the trust fund.

30

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