Senate Bill 0784c1

    Florida Senate - 1998                            CS for SB 784

    By the Committee on Criminal Justice and Senator Gutman





    307-1919A-98

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         943.362, F.S.; creating the Federal Proceeds

  4         Trust Fund for the Department of Law

  5         Enforcement to deposit revenue received as a

  6         result of federal forfeiture proceedings and

  7         asset-sharing programs; providing that the

  8         trust fund is exempt from the service charge

  9         levied against state trust funds; requiring

10         that expenditures from the trust fund comply

11         with certain federal guidelines; providing for

12         future review and termination or re-creation of

13         the trust fund; providing a contingent

14         effective date.

15

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

17

18         Section 1.  Section 943.362, Florida Statutes, is

19  amended to read:

20         943.362  Forfeiture and Investigative Support Trust

21  Fund; Federal Proceeds Trust Fund.--

22         (1)(a)  There is created the Forfeiture and

23  Investigative Support Trust Fund into which the department may

24  deposit revenues received as a result of state or federal

25  criminal proceedings.

26         (b)(2)  Moneys in the fund shall be appropriated by the

27  Legislature, pursuant to the provisions of chapter 216, for

28  purposes deemed appropriate by the Legislature.

29  Notwithstanding any other provision of law, no funds shall be

30  expended from the Forfeiture and Investigative Support Trust

31  Fund unless specifically appropriated by the Legislature.

                                  1

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






    Florida Senate - 1998                            CS for SB 784
    307-1919A-98




  1         (2)(a)  There is created the Federal Proceeds Trust

  2  Fund into which the department may deposit revenue received as

  3  a result of federal forfeiture proceedings and asset-sharing

  4  programs. The trust fund is exempt from the service charge

  5  imposed by s. 215.20. The Federal Proceeds Trust Fund shall

  6  contain only funds derived from federal forfeiture proceedings

  7  and asset-sharing programs and the interest earned on such

  8  funds. Trust fund revenue may not be commingled with other

  9  state funds. Expenditures from the Federal Proceeds Trust Fund

10  must comply with federal guidelines and restrictions on the

11  use of such funds and trust fund revenue may not be expended

12  unless specifically appropriated by the Legislature.

13         (b)  Pursuant to s. 19(f)(2), Art. III of the State

14  Constitution, the Federal Proceeds Trust Fund shall, unless

15  terminated sooner, be terminated on July 1, 2002. However,

16  prior to its scheduled termination, the trust fund shall be

17  reviewed as provided in s. 215.3206(1) and (2).

18         Section 2.  This act shall take effect upon becoming a

19  law, but it shall not take effect unless it is enacted by at

20  least a three-fifths vote of the membership of each house of

21  the Legislature.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                         Senate Bill 784

25

26  .    Creates a trust fund for deposit of the forfeiture
         revenues shared by the Florida Department of Law
27       Enforcement with the federal government.

28  .    Exempts the trust fund from the 7 percent service charge
         imposed on trust funds under s. 215.20, F.S.
29
    .    Provides that the trust fund will terminate no later than
30       July 1, 2002.

31       Provides that the trust fund will come under "sunset"
         review.
                                  2