HB 7039

1
A bill to be entitled
2An act relating to trust funds; terminating and re-
3creating the Emergency Response Trust Fund within the
4Department of Military Affairs without modification;
5carrying forward current balances and continuing current
6sources and uses thereof; reenacting and amending s.
7250.175(2), F.S.; revising the future termination date of
8the trust fund; providing an effective date.
9
10     WHEREAS, the Legislature wishes to extend the life of the
11Emergency Response Trust Fund within the Department of Military
12Affairs, which was re-created by chapter 2003-251, Laws of
13Florida, effective November 4, 2004, and which is otherwise
14scheduled to be terminated pursuant to constitutional mandate,
15and
16     WHEREAS, the Legislature has reviewed the trust fund before
17its scheduled termination date and has found that it continues
18to meet an important public purpose, and
19     WHEREAS, the Legislature has found that existing public
20policy concerning the trust fund sets adequate parameters for
21its use, NOW, THEREFORE,
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  (1)  The Emergency Response Trust Fund within
26the Department of Military Affairs, FLAIR number 62-2-087, which
27was re-created by chapter 2003-251, Laws of Florida, and is to
28be terminated pursuant to s. 19(f), Art. III of the State
29Constitution prior to November 4, 2008, is terminated on July 1,
302007, and re-created.
31     (2)  All current balances of the trust fund are carried
32forward, and all current sources and uses of the trust fund are
33continued.
34     Section 2.  Subsection (2) of section 250.175, Florida
35Statutes, 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
38the Department of Military Affairs. Reimbursements from the
39Federal Emergency Management Agency for the costs of activating
40the Florida National Guard and transfers of state funds approved
41by budget amendments processed under chapter 216 shall be
42deposited into the trust fund. The trust fund shall be used to
43pay all operational costs incurred by the Florida National Guard
44when called to active duty.
45     (b)  In accordance with s. 19(f)(2), Art. III of the State
46Constitution, the Emergency Response Trust Fund shall, unless
47terminated sooner, be terminated on July 1, 2011 2006. Before
48its scheduled termination, the trust fund shall be reviewed as
49provided in s. 215.3206(1) and (2).
50     (c)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
51any balance in the trust fund at the end of any fiscal year
52shall remain in the trust fund and is available for carrying out
53the purposes of the trust fund. The trust fund is exempt from
54the service charges imposed by s. 215.20.
55     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.