House Bill hb1955

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    Florida House of Representatives - 2001                HB 1955

        By the Committee on Information Technology and
    Representatives Hart, Mack, Mealor, Jennings, Harrell, Green,
    Wallace and Fiorentino




  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         282.1095, F.S.; creating the Law Enforcement

  4         Radio Operating Trust Fund within the State

  5         Technology Office; providing sources of moneys;

  6         providing purposes and requirements; providing

  7         for transfer of funds from the State Agency Law

  8         Enforcement Radio System Trust Fund to the Law

  9         Enforcement Radio Operating Trust Fund;

10         providing for future review and termination or

11         re-creation of the trust fund; providing an

12         effective date.

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14         WHEREAS, the Florida Legislature has established a

15  policy of fiscal accountability that encourages distinct and

16  straightforward accounting of all funds received and expended

17  by or for state agencies to support performance of authorized

18  activities, and

19         WHEREAS, this policy is best served by creating

20  separate accounts for recording the receipt of all funds

21  collected for a particular purpose and for recording the

22  disposition made of those funds, and by assigning authority

23  and responsibility for administering each such account to the

24  state agency assigned authority and responsibility to

25  administer performance of the activities for which such funds

26  are collected and designated to support, and

27         WHEREAS, the Florida Legislature has assigned authority

28  and responsibility to the State Technology Office to design,

29  engineer, acquire, and implement the State Agency Law

30  Enforcement Radio System, and to provide technical support for

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    Florida House of Representatives - 2001                HB 1955

    197-349-01






  1  the Joint Task Force on State Agency Law Enforcement

  2  Communications, and

  3         WHEREAS, the Florida Legislature created the State

  4  Agency Law Enforcement Radio System Trust Fund and provided

  5  several means to generate revenues for deposit in the trust

  6  fund to provide the source of funds needed to cover the costs

  7  the State Technology Office incurs in carrying out the

  8  authority and responsibility to design, engineer, acquire, and

  9  implement the State Agency Law Enforcement Radio System, and

10  to provide technical support for the Joint Task Force on State

11  Agency Law Enforcement Communications, and

12         WHEREAS, greater accountability of the State Technology

13  Office will be facilitated by establishing and providing the

14  means to fund a separate trust account for the purpose of

15  receiving and disposing of revenues generated for the purpose

16  of covering the operating costs the State Technology Office

17  incurs in designing, engineering, acquiring, and implementing

18  the State Agency Law Enforcement Radio System, and providing

19  technical support for the Joint Task Force on State Agency Law

20  Enforcement Communications, NOW, THEREFORE,

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

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24         Section 1.  Paragraph (h) is added to subsection (2) of

25  section 282.1095, Florida Statutes, to read:

26         282.1095  State agency law enforcement radio system.--

27         (2)

28         (h)1.  The Law Enforcement Radio Operating Trust Fund

29  is created within the State Technology Office for the purpose

30  of receiving and disposing of revenues generated to cover the

31  operating costs incurred by the office in designing,

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    Florida House of Representatives - 2001                HB 1955

    197-349-01






  1  engineering, acquiring, and implementing the State Agency Law

  2  Enforcement Radio System and providing technical support for

  3  the Joint Task Force on State Agency Law Enforcement

  4  Communications. The Law Enforcement Radio Operating Trust Fund

  5  within the State Technology Office shall be funded by:

  6         a.  Transfer from the State Agency Law Enforcement

  7  Radio System Trust Fund, FLAIR number 72-2-432, to the Law

  8  Enforcement Radio Operating Trust Fund, effective July 1,

  9  2001, of all funds then in the State Agency Law Enforcement

10  Radio System Trust Fund, FLAIR number 72-2-432, that were not

11  expended or obligated during fiscal year 2000-2001;

12         b.  Deposit of all moneys payable to the office on and

13  after July 1, 2001, for rent, lease, sublease, revenue

14  sharing, or sale of any right, title, or interest in any land,

15  airspace, facility, building, or other structure the office

16  holds or acquires in the course of designing, engineering,

17  implementing, operating, or maintaining the system; and

18         c.  Rent, lease, sublease, revenue sharing, or sale of

19  any right, title, or interest in any tangible or intangible

20  personal property the office holds or acquires in the course

21  of designing, engineering, implementing, operating, or

22  maintaining the system.

23         2.  Notwithstanding the provisions of s. 216.301 and

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

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

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

27  purposes of the trust fund.

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

29  of the State Constitution, the Law Enforcement Radio Operating

30  Trust Fund within the State Technology Office shall terminate

31  effective June 30, 2005, unless sooner terminated or extended

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    Florida House of Representatives - 2001                HB 1955

    197-349-01






  1  by subsequent legislative action that takes effect before that

  2  date. Prior to its scheduled termination, the Law Enforcement

  3  Radio Operating Trust Fund within the State Technology Office

  4  shall be reviewed as provided in s. 215.3206(1) and (2).

  5         Section 2.  This act shall take effect July 1, 2001.

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  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Creates the Law Enforcement Radio Operating Trust Fund
10    within the State Technology Office. Provides sources of
      moneys, purposes, and requirements of the trust fund.
11    Provides duties of the department. Provides for annual
      carryforward of funds. Provides for future review and
12    termination or re-creation of the trust fund.

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