| 1 | A bill to be entitled |
| 2 | An act relating to trust funds; terminating and re- |
| 3 | creating the Emergency Response Trust Fund within the |
| 4 | Department of Military Affairs without modification; |
| 5 | carrying forward current balances and continuing current |
| 6 | sources and uses thereof; reenacting and amending s. |
| 7 | 250.175(2), F.S.; revising the future termination date of |
| 8 | the trust fund; providing an effective date. |
| 9 |
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| 10 | WHEREAS, the Legislature wishes to extend the life of the |
| 11 | Emergency Response Trust Fund within the Department of Military |
| 12 | Affairs, which was re-created by chapter 2003-251, Laws of |
| 13 | Florida, effective November 4, 2004, and which is otherwise |
| 14 | scheduled to be terminated pursuant to constitutional mandate, |
| 15 | and |
| 16 | WHEREAS, the Legislature has reviewed the trust fund before |
| 17 | its scheduled termination date and has found that it continues |
| 18 | to meet an important public purpose, and |
| 19 | WHEREAS, the Legislature has found that existing public |
| 20 | policy concerning the trust fund sets adequate parameters for |
| 21 | its use, NOW, THEREFORE, |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. (1) The Emergency Response Trust Fund within |
| 26 | the Department of Military Affairs, FLAIR number 62-2-087, which |
| 27 | was re-created by chapter 2003-251, Laws of Florida, and is to |
| 28 | be terminated pursuant to s. 19(f), Art. III of the State |
| 29 | Constitution prior to November 4, 2008, is terminated on July 1, |
| 30 | 2007, and re-created. |
| 31 | (2) All current balances of the trust fund are carried |
| 32 | forward, and all current sources and uses of the trust fund are |
| 33 | continued. |
| 34 | Section 2. Subsection (2) of section 250.175, Florida |
| 35 | Statutes, is reenacted and amended to read: |
| 36 | 250.175 Trust funds; authorization; name; purpose.-- |
| 37 | (2)(a) The Emergency Response Trust Fund is created within |
| 38 | the Department of Military Affairs. Reimbursements from the |
| 39 | Federal Emergency Management Agency for the costs of activating |
| 40 | the Florida National Guard and transfers of state funds approved |
| 41 | by budget amendments processed under chapter 216 shall be |
| 42 | deposited into the trust fund. The trust fund shall be used to |
| 43 | pay all operational costs incurred by the Florida National Guard |
| 44 | when called to active duty. |
| 45 | (b) In accordance with s. 19(f)(2), Art. III of the State |
| 46 | Constitution, the Emergency Response Trust Fund shall, unless |
| 47 | terminated sooner, be terminated on July 1, 2011 2006. Before |
| 48 | its scheduled termination, the trust fund shall be reviewed as |
| 49 | provided in s. 215.3206(1) and (2). |
| 50 | (c) Notwithstanding s. 216.301 and pursuant to s. 216.351, |
| 51 | any balance in the trust fund at the end of any fiscal year |
| 52 | shall remain in the trust fund and is available for carrying out |
| 53 | the purposes of the trust fund. The trust fund is exempt from |
| 54 | the service charges imposed by s. 215.20. |
| 55 | Section 3. This act shall take effect July 1, 2007. |