Senate Bill sb1736

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    Florida Senate - 2002                                  SB 1736

    By Senator Garcia





    39-1727-02

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         261.11, F.S.; creating the Off-Highway-Vehicle

  4         Revolving Trust Fund; providing for future

  5         review and repeal; providing an effective date.

  6

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

  8

  9         Section 1.  Section 261.11, Florida Statutes, is

10  created to read:

11         261.11  The Off-Highway-Vehicle Revolving Trust

12  Fund.--There is created the Off-Highway-Vehicle Revolving

13  Trust Fund to be administered by the Division of Forestry

14  within the Department of Agriculture and Consumer Services.

15         (1)  The trust fund shall consist of deposits from the

16  following sources:

17         (a)  Fees paid to the Department of Highway Safety and

18  Motor Vehicles for the titling and registration of off-highway

19  vehicles.

20         (b)  Revenues and income from any other source required

21  by law or as appropriated by the Legislature to be deposited

22  into the fund.

23         (c)  Donations from private sources.

24         (d)  Interest earned on moneys on deposit in the fund.

25         (2)  Moneys in the fund shall be available for

26  recommended allocation by the Off-Highway-Vehicle Recreation

27  Advisory Committee and the Department of Agriculture and

28  Consumer Services and upon annual appropriation by the

29  Legislature, exclusively for the following:

30         (a)  Implementation of the Off-Highway-Vehicle

31  Recreation Program by the Department of Agriculture and

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    Florida Senate - 2002                                  SB 1736
    39-1727-02




  1  Consumer Services, which includes personnel and other related

  2  expenses, administrative and operating expenses, expenses

  3  related to safety, training, rider-education programs,

  4  management, maintenance and rehabilitation of lands in the

  5  Off-Highway-Vehicle Recreation Program's system of lands and

  6  trails, and, if funds are available, acquisition of lands to

  7  be included in the system and the management, maintenance, and

  8  rehabilitation of such lands.

  9         (b)  Approved grants to governmental agencies or

10  entities or non-governmental entities that wish to provide or

11  improve off-highway-vehicle recreation areas or trails for

12  public use on public lands, provide environmental protection

13  and restoration to affected natural areas in the system, or

14  provide education in the operation of off-highway vehicles.

15         (c)  Matching funds to be used to match grant funds

16  available from other sources.

17         (3)  Notwithstanding s. 216.301 and pursuant to s.

18  216.351, any balance in the trust fund at the end of any

19  fiscal year shall remain therein and shall be available for

20  the purposes set out in this section and as otherwise provided

21  by law.

22         (4)  Pursuant to s. 19(f)(2), Art. III of the State

23  Constitution, the Off-Highway-Vehicle Revolving Trust Fund,

24  unless terminated sooner, shall be terminated on July 1, 2006.

25  However, before its scheduled termination, the

26  Off-Highway-Vehicle Revolving Trust Fund shall be reviewed as

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

28         Section 2.  This act shall take effect on the effective

29  date of SB ____, but it shall not take effect unless it is

30  enacted by at least a three-fifths vote of the membership of

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    Florida Senate - 2002                                  SB 1736
    39-1727-02




  1  each house of the Legislature and unless SB ____, 2002 Regular

  2  Session, becomes a law.

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  4            *****************************************

  5                          SENATE SUMMARY

  6    Creates the Off-Highway-Vehicle Revolving Trust Fund to
      be administered by the Department of Agriculture and
  7    Consumer Services. Provides for review and termination or
      re-creation of the trust fund.
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CODING: Words stricken are deletions; words underlined are additions.