Senate Bill sb2944

    Florida Senate - 2004                                  SB 2944

    By Senator Alexander





    17-1858A-04

  1                      A bill to be entitled

  2         An act relating to the distribution of the

  3         excise tax on the severance of phosphate rock;

  4         amending s. 211.3103, F.S.; directing that a

  5         portion of tax revenues be deposited in the

  6         Nonmandatory Land Reclamation Trust Fund and

  7         used for the purpose of closing specified

  8         phosphogypsum stack sites; providing an

  9         effective date.

10  

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

12  

13         Section 1.  Subsections (3) and (5) of section

14  211.3103, Florida Statutes, as amended by section 1 of chapter

15  2003-423, Laws of Florida, are amended to read:

16         211.3103  Levy of tax on severance of phosphate rock;

17  rate, basis, and distribution of tax.--

18         (3)  Beginning July 1, 2004, the proceeds of all taxes,

19  interest, and penalties imposed under this section shall be

20  paid into the State Treasury as follows:

21         (a)  The first $10 million in revenue collected from

22  the tax during each fiscal year shall be paid to the credit of

23  the Conservation and Recreation Lands Trust Fund.

24         (b)  For the purpose of closing the phosphogypsum stack

25  sites at Mulberry and Piney Point, and until such closure is

26  complete, $10 million of the remaining revenues collected from

27  the tax shall be paid to the credit of the Nonmandatory Land

28  Reclamation Trust Fund.

29         (c)(b)  The remaining revenues collected from the tax

30  during the applicable that fiscal year, after the required

31  

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    Florida Senate - 2004                                  SB 2944
    17-1858A-04




 1  payment under paragraphs paragraph (a) and (b), shall be paid

 2  into the State Treasury as follows:

 3         1.  To the credit of the General Revenue Fund of the

 4  state, 40.1 percent.

 5         2.  For payment to counties in proportion to the number

 6  of tons of phosphate rock produced from a phosphate rock

 7  matrix located within such political boundary, 16.5 percent.

 8  The department shall distribute this portion of the proceeds

 9  annually based on production information reported by the

10  producers on the annual returns for the taxable year. Any such

11  proceeds received by a county shall be used only for

12  phosphate-related expenses.

13         3.  For payment to counties that have been designated a

14  rural area of critical economic concern pursuant to s.

15  288.0656 in proportion to the number of tons of phosphate rock

16  produced from a phosphate rock matrix located within such

17  political boundary, 13 percent. The department shall

18  distribute this portion of the proceeds annually based on

19  production information reported by the producers on the annual

20  returns for the taxable year. Payments under this subparagraph

21  shall be made to the counties unless the Legislature by

22  special act creates a local authority to promote and direct

23  the economic development of the county. If such authority

24  exists, payments shall be made to that authority.

25         4.  To the credit of the Phosphate Research Trust Fund

26  in the Division of Universities of the Department of

27  Education, 9.3 percent.

28         5.  To the credit of the Minerals Trust Fund, 10.7

29  percent.

30         6.  To the credit of the Nonmandatory Land Reclamation

31  Trust Fund, 10.4 percent.

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    Florida Senate - 2004                                  SB 2944
    17-1858A-04




 1         (5)  Funds distributed pursuant to subparagraphs

 2  (2)(b)2. and (3)(c)3. (3)(b)3. shall be used for:

 3         (a)  Planning, preparing, and financing of

 4  infrastructure projects for job creation and capital

 5  investment, especially those related to industrial and

 6  commercial sites. Infrastructure investments may include the

 7  following public or public-private partnership facilities:

 8  stormwater systems, telecommunications facilities, roads or

 9  other remedies to transportation impediments, nature-based

10  tourism facilities, or other physical requirements necessary

11  to facilitate trade and economic development activities.

12         (b)  Maximizing the use of federal, local, and private

13  resources, including, but not limited to, those available

14  under the Small Cities Community Development Block Grant

15  Program.

16         (c)  Projects that improve inadequate infrastructure

17  that has resulted in regulatory action that prohibits economic

18  or community growth, if such projects are related to specific

19  job creation or job retention opportunities.

20         Section 2.  This act shall take effect July 1, 2004.

21  

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23                          SENATE SUMMARY

24    Provides that a portion of phosphate severance tax
      revenues be used for phosphogypsum stack site closure.
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CODING: Words stricken are deletions; words underlined are additions.