House Bill hb1959

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    Florida House of Representatives - 2001                HB 1959

        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; creating the

  3         Technology Enterprise Operating Trust Fund

  4         within the State Technology Office; providing

  5         for sources of moneys and purposes; providing

  6         for future review and termination or

  7         re-creation of the trust fund; amending s.

  8         215.22, F.S.; changing the name of the

  9         Communications Working Capital Trust Fund to

10         the Technology Enterprise Operating Trust Fund;

11         providing for termination of Technology

12         Enterprise Operating Trust Fund; providing an

13         effective date.

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15         WHEREAS, the State Technology Office is charged with

16  the authority and responsibility of designing, engineering,

17  implementing, managing, and operating facilities and equipment

18  necessary to establish and maintain a state communications

19  system to provide local and long distance communications

20  services to state agencies, political subdivisions of the

21  state, municipalities, and nonprofit corporations, and

22         WHEREAS, the State Technology Office is charged with

23  the authority and responsibility of charging and collecting

24  equitable fees from the agencies and other entities that use

25  the state communications system, and

26         WHEREAS, the fees that the State Technology Office

27  collects from agencies and other entities for use of the state

28  communications system are deposited into the Communications

29  Working Capital Trust Fund, and

30         WHEREAS, a Working Capital Trust Fund has been created

31  for each state agency that operates a data processing center

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    Florida House of Representatives - 2001                HB 1959

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  1  and each such trust fund is funded by the moneys each state

  2  agency served by the center pays to the agency that operates

  3  the center for deposit into the trust fund from the moneys

  4  budgeted and appropriated to each such agency for data

  5  processing services and equipment to pay each such agency's

  6  proportionate share of the cost of operating the center, and

  7         WHEREAS, the communications elements of information

  8  technology projects administered by the State Technology

  9  Office are funded by revenues deposited in the Communications

10  Working Capital Trust Fund, and the data processing elements

11  of such projects are funded by revenues deposited in Working

12  Capital Trust Funds, and

13         WHEREAS, because most information technology projects

14  administered by the State Technology Office include elements

15  of communications and data processing and require expenditure

16  of moneys deposited in both the Communications Working Capital

17  Trust Fund and in Working Capital Trust Funds created to fund

18  operation of data processing centers in state agencies for

19  which the State Technology Office is responsible, principles

20  of efficiency and economy would be better served if all such

21  trust funds are consolidated into a single trust fund, NOW,

22  THEREFORE,

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

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26         Section 1.  The Technology Enterprise Operating Trust

27  Fund is created in the State Technology Office for the purpose

28  of providing a single trust fund to replace the several trust

29  funds that presently exist to facilitate funding the

30  information technology activities that the State Technology

31  Office is charged with authority and responsibility to perform

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    Florida House of Representatives - 2001                HB 1959

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  1  or administer and for the purpose of simplifying the means by

  2  which funding of those activities is accounted for in

  3  planning, budgeting, and appropriating the funds necessary to

  4  support performance and administration of such activities.

  5  Notwithstanding any other provision of law, effective July 1,

  6  2001, the Communications Working Capital Trust Fund in the

  7  Department of Management Services, FLAIR #72-2-105, shall be

  8  terminated, all funds in said trust fund that were not

  9  expended or obligated in fiscal year 2000-2001 shall be

10  transferred to the Technology Enterprise Operating Trust Fund

11  in the State Technology Office, and all revenues thereafter

12  payable or collectible for the purposes for which the

13  Communications Working Capital Trust Fund of the Department of

14  Management Services, FLAIR #72-2-105, was created shall be

15  paid or collected for deposit into the Technology Enterprise

16  Operating Trust Fund in the State Technology Office.

17  Notwithstanding any other provision of law, the date positions

18  and appropriations for performance of information technology

19  activities are transferred from a state agency to the State

20  Technology Office, any Working Capital Trust Fund created by

21  s. 216.272, Florida Statutes, that is then in such agency

22  shall terminate, and all funds in such trust fund that were

23  not expended or obligated before the date such positions and

24  appropriations are transferred shall then be transferred to

25  the Technology Enterprise Operating Trust Fund in the State

26  Technology Office and all revenues thereafter payable or

27  collectible for the purposes for which the Working Capital

28  Trust Fund was created shall be paid or collected for deposit

29  in the Technology Enterprise Operating Trust Fund in the State

30  Technology Office; provided that, effective July 1, 2001, the

31  Working Capital Trust Fund in the Department of Management

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    Florida House of Representatives - 2001                HB 1959

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  1  Services, FLAIR number 72-2-792, shall terminate and all funds

  2  in such trust fund that were not expended or obligated during

  3  fiscal year 2000-2001 shall be transferred to the Technology

  4  Enterprise Operating Trust Fund in the State Technology

  5  Office.  Pursuant to the provisions of s. 19(f)(2), Art. III

  6  of the State Constitution, the Technology Enterprise Operating

  7  Trust Fund in the State Technology Office shall terminate on

  8  July 1, 2005, unless sooner terminated or extended by

  9  subsequent legislative action taken and effective before that

10  date.  Prior to the date of its scheduled termination, the

11  Technology Enterprise Operating Trust Fund in the State

12  Technology Office shall be reviewed as provided in s.

13  215.3206(1) and (2), Florida Statutes.

14         Section 2.  Paragraph (q) of subsection (1) of section

15  215.22, Florida Statutes, is amended to read:

16         215.22  Certain income and certain trust funds

17  exempt.--

18         (1)  The following income of a revenue nature or the

19  following trust funds shall be exempt from the deduction

20  required by s. 215.20(1):

21         (q)  The Technology Enterprise Operating Communications

22  Working Capital Trust Fund in the State Technology Office of

23  the Department of Management Services.

24         Section 3.  This act shall take effect on July 1, 2001,

25  or upon becoming a law, whichever first occurs.

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    Florida House of Representatives - 2001                HB 1959

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  2                          HOUSE SUMMARY

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      Creates the Technology Enterprise Operating Trust Fund as
  4    a single trust fund to replace several trust funds that
      presently exist to facilitate funding information
  5    technology activities of the State Technology Office.
      Provides for the trust fund's sources of moneys and
  6    purposes.  Provides for future review and termination or
      re-creation of the trust fund.
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