Senate Bill 1260

    Florida Senate - 2000        (NP)                      SB 1260

    By the Committee on Criminal Justice





    307-606A-00

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         339.082, F.S.; creating the Federal Law

  4         Enforcement Trust Fund within the Department of

  5         Transportation; providing for sources of funds;

  6         exempting the trust fund from various service

  7         charges; providing for annual carryforward of

  8         funds; providing for future review and

  9         termination or re-creation of the trust fund;

10         amending s. 932.7055, F.S., relating to duties

11         of the department with respect to the deposit

12         of certain moneys, to conform; providing an

13         expiration date and a contingent effective

14         date.

15

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

17

18         Section 1.  Section 339.082, Florida Statutes, is

19  created to read:

20         339.082  Federal Law Enforcement Trust Fund.--

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

22  within the Department of Transportation. The department may

23  deposit into the trust fund receipts and revenues received as

24  a result of federal criminal, administrative, or civil

25  forfeiture proceedings and receipts and revenues received from

26  federal asset-sharing programs. The trust fund is exempt from

27  the service charges imposed by s. 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 Senate - 2000        (NP)                      SB 1260
    307-606A-00




  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, 2004. Before its

  6  scheduled termination, the trust fund must be reviewed as

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

  8         Section 2.  Paragraph (k) is added to subsection (5) of

  9  section 932.7055, Florida Statutes, 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         (k)  The Department of Transportation, the proceeds

16  accrued pursuant to the provisions of the Florida Contraband

17  Forfeiture Act shall be deposited into the State

18  Transportation Trust Fund to be used for purposes of drug

19  interdiction or into the department's Federal Law Enforcement

20  Trust Fund as provided in s. 339.082, as applicable.

21         Section 3.  This act shall take effect upon becoming a

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

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

24  the Legislature.

25

26            *****************************************

27                          SENATE SUMMARY

28    Creates a Federal Law Enforcement Trust Fund in the
      Department of Transportation to receive moneys from
29    federal forfeiture proceedings and moneys from federal
      asset-sharing programs. Provides purposes of the fund.
30

31

                                  2