Senate Bill sb0024Ce1

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    CS for SB 24-C                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         201.15, F.S.; revising the amount of revenue

  4         from the excise tax which is deposited into the

  5         Water Protection and Sustainability Program

  6         Trust Fund, the Conservation and Recreation

  7         Lands Trust Fund, and the Invasive Plant

  8         Control Trust Fund in the Department of

  9         Environmental Protection and the State Game

10         Trust Fund in the Fish and Wildlife

11         Conservation Commission; amending s. 403.890,

12         F.S.; revising the distribution of funds into

13         the Water Protection and Sustainability Program

14         Trust Fund to conform to changes made by the

15         act; requiring the Department of Environmental

16         Protection to reallocate funds to conform to

17         changes in distributions made by the act;

18         providing an effective date.

19  

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

21  

22         Section 1.  Paragraph (d) of subsection (1) and

23  subsections (5) and (6) of section 201.15, Florida Statutes,

24  are amended to read:

25         201.15  Distribution of taxes collected.--All taxes

26  collected under this chapter shall be distributed as follows

27  and shall be subject to the service charge imposed in s.

28  215.20(1), except that such service charge shall not be levied

29  against any portion of taxes pledged to debt service on bonds

30  to the extent that the amount of the service charge is

31  required to pay any amounts relating to the bonds:


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    CS for SB 24-C                                 First Engrossed



 1         (1)  Sixty-two and sixty-three hundredths percent of

 2  the remaining taxes collected under this chapter shall be used

 3  for the following purposes:

 4         (d)  The remainder of the moneys distributed under this

 5  subsection, after the required payments under paragraphs (a),

 6  (b), and (c), shall be paid into the State Treasury to the

 7  credit of:

 8         1.  The State Transportation Trust Fund in the

 9  Department of Transportation in the amount of $541.75 million

10  in each fiscal year, to be paid in quarterly installments and

11  used for the following specified purposes, notwithstanding any

12  other law to the contrary:

13         a.  For the purposes of capital funding for the New

14  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

15  and specified in s. 341.051, 10 percent of these funds;

16         b.  For the purposes of the Small County Outreach

17  Program specified in s. 339.2818, 5 percent of these funds;

18         c.  For the purposes of the Strategic Intermodal System

19  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

20  percent of these funds after allocating for the New Starts

21  Transit Program described in sub-subparagraph a. and the Small

22  County Outreach Program described in sub-subparagraph b.; and

23         d.  For the purposes of the Transportation Regional

24  Incentive Program specified in s. 339.2819, 25 percent of

25  these funds after allocating for the New Starts Transit

26  Program described in sub-subparagraph a. and the Small County

27  Outreach Program described in sub-subparagraph b.

28         2.  For the 2007-2008 fiscal year and each fiscal year

29  thereafter, the Water Protection and Sustainability Program

30  Trust Fund in the Department of Environmental Protection in

31  


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    CS for SB 24-C                                 First Engrossed



 1  the amount of $80 $100 million in each fiscal year, to be paid

 2  in quarterly installments and used as required by s. 403.890.

 3         3.  The Grants and Donations Trust Fund in the

 4  Department of Community Affairs in the amount of $3.25 million

 5  in each fiscal year to be paid in monthly installments, with

 6  $3 million to be used to fund technical assistance to local

 7  governments and school boards on the requirements and

 8  implementation of this act and $250,000 to be used to fund the

 9  Century Commission established in s. 163.3247.

10  

11  Moneys distributed pursuant to this paragraph may not be

12  pledged for debt service unless such pledge is approved by

13  referendum of the voters.

14         (5)a.  For the 2007-2008 fiscal year, 3.96 Four and

15  two-tenths percent of the remaining taxes collected under this

16  chapter shall be paid into the State Treasury to the credit of

17  the Conservation and Recreation Lands Trust Fund to carry out

18  the purposes set forth in s. 259.032. Ten and five-hundreths

19  Nine and one-half percent of the amount credited to the

20  Conservation and Recreation Lands Trust Fund pursuant to this

21  subsection shall be transferred to the State Game Trust Fund

22  and used for land management activities.

23         b.  Beginning July 1, 2008, 3.52 percent of the

24  remaining taxes collected under this chapter shall be paid

25  into the State Treasury to the credit of the Conservation and

26  Recreation Lands Trust Fund to carry out the purposes set

27  forth in s. 259.032. Eleven and fifteen hundredths percent of

28  the amount credited to the Conservation and Recreation Lands

29  Trust Fund pursuant to this subsection shall be transferred to

30  the State Game Trust Fund and used for land management

31  activities.


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 1         (6)  The lesser of two and twenty-eight hundredths

 2  percent of the remaining taxes collected under this chapter or

 3  $34.1 $36.1 million in each fiscal year shall be paid into the

 4  State Treasury to the credit of the Invasive Plant Control

 5  Trust Fund to carry out the purposes set forth in ss. 369.22

 6  and 369.252 and for water projects as provided in the General

 7  Appropriations Act.

 8         Section 2.  Section 403.890, Florida Statutes, is

 9  amended to read:

10         403.890  Water Protection and Sustainability Program;

11  intent; goals; purposes.--

12         (1)  Effective July 1, 2006, revenues transferred from

13  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall

14  be deposited into the Water Protection and Sustainability

15  Program Trust Fund in the Department of Environmental

16  Protection. These revenues and any other additional revenues

17  deposited into or appropriated to the Water Protection and

18  Sustainability Trust Fund shall be distributed by the

19  Department of Environmental Protection in the following

20  manner:

21         (a)  Sixty percent to the Department of Environmental

22  Protection for the implementation of an alternative water

23  supply program as provided in s. 373.1961.

24         (b)  Twenty percent for the implementation of best

25  management practices and capital project expenditures

26  necessary for the implementation of the goals of the total

27  maximum daily loads program established in s. 403.067. Of

28  these funds, 85 percent shall be transferred to the credit of

29  the Department of Environmental Protection Water Quality

30  Assurance Trust Fund to address water quality impacts

31  associated with nonagricultural nonpoint sources. Fifteen


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 1  percent of these funds shall be transferred to the Department

 2  of Agriculture and Consumer Services General Inspection Trust

 3  Fund to address water quality impacts associated with

 4  agricultural nonpoint sources. These funds shall be used for

 5  research, development, demonstration, and implementation of

 6  the total maximum daily load program under s. 403.067,

 7  suitable best management practices or other measures used to

 8  achieve water quality standards in surface waters and water

 9  segments identified pursuant to s. 303(d) of the Clean Water

10  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

11  Implementation of best management practices and other measures

12  may include cost-share grants, technical assistance,

13  implementation tracking, and conservation leases or other

14  agreements for water quality improvement. The Department of

15  Environmental Protection and the Department of Agriculture and

16  Consumer Services may adopt rules governing the distribution

17  of funds for implementation of capital projects, best

18  management practices, and other measures. These funds shall

19  not be used to abrogate the financial responsibility of those

20  point and nonpoint sources that have contributed to the

21  degradation of water or land areas. Increased priority shall

22  be given by the department and the water management district

23  governing boards to those projects that have secured a

24  cost-sharing agreement allocating responsibility for the

25  cleanup of point and nonpoint sources.

26         (c)  Ten percent shall be disbursed for the purposes of

27  funding projects pursuant to ss. 373.451-373.459 or surface

28  water restoration activities in

29  water-management-district-designated priority water bodies.

30  The Secretary of Environmental Protection shall ensure that

31  


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    CS for SB 24-C                                 First Engrossed



 1  each water management district receives the following

 2  percentage of funds annually:

 3         1.  Thirty-five percent to the South Florida Water

 4  Management District;

 5         2.  Twenty-five percent to the Southwest Florida Water

 6  Management District;

 7         3.  Twenty-five percent to the St. Johns River Water

 8  Management District;

 9         4.  Seven and one-half percent to the Suwannee River

10  Water Management District; and

11         5.  Seven and one-half percent to the Northwest Florida

12  Water Management District.

13         (d)  Ten percent to the Department of Environmental

14  Protection for the Disadvantaged Small Community Wastewater

15  Grant Program as provided in s. 403.1838.

16         (e)  Beginning June 30, 2007, and every 24 months

17  thereafter, the Department of Environmental Protection shall

18  request the return of all unencumbered funds distributed

19  pursuant to this section.  These funds shall be deposited into

20  the Water Protection and Sustainability Program Trust Fund and

21  redistributed pursuant to the provisions of this section.

22         (2)  Applicable beginning in the 2007-2008 fiscal year,

23  revenues transferred from the Department of Revenue pursuant

24  to s. 201.15(1)(d)2. shall be deposited into the Water

25  Protection and Sustainability Program Trust Fund in the

26  Department of Environmental Protection. These revenues and any

27  other additional revenues deposited into or appropriated to

28  the Water Protection and Sustainability Trust Fund shall be

29  distributed by the Department of Environmental Protection in

30  the following manner:

31  


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    CS for SB 24-C                                 First Engrossed



 1         (a)  Sixty-five percent to the Department of

 2  Environmental Protection for the implementation of an

 3  alternative water supply program as provided in s. 373.1961.

 4         (b)  Twenty-two and five-tenths percent for the

 5  implementation of best management practices and capital

 6  project expenditures necessary for the implementation of the

 7  goals of the total maximum daily loads program established in

 8  s. 403.067. Of these funds, 83.33 percent shall be transferred

 9  to the credit of the Department of Environmental Protection

10  Water Quality Assurance Trust Fund to address water quality

11  impacts associated with nonagricultural nonpoint sources.

12  Sixteen and sixty-seven hundredths percent of these funds

13  shall be transferred to the Department of Agriculture and

14  Consumer Services General Inspection Trust Fund to address

15  water quality impacts associated with agricultural nonpoint

16  sources. These funds shall be used for research, development,

17  demonstration, and implementation of the total maximum daily

18  load program under s. 403.067, suitable best management

19  practices or other measures used to achieve water quality

20  standards in surface waters and water segments identified

21  pursuant to s. 303(d) of the Clean Water Act, Pub. L. No.

22  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

23  management practices and other measures may include cost-share

24  grants, technical assistance, implementation tracking, and

25  conservation leases or other agreements for water quality

26  improvement. The Department of Environmental Protection and

27  the Department of Agriculture and Consumer Services may adopt

28  rules governing the distribution of funds for implementation

29  of capital projects, best management practices, and other

30  measures. These funds shall not be used to abrogate the

31  financial responsibility of those point and nonpoint sources


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    CS for SB 24-C                                 First Engrossed



 1  that have contributed to the degradation of water or land

 2  areas. Increased priority shall be given by the department and

 3  the water management district governing boards to those

 4  projects that have secured a cost-sharing agreement allocating

 5  responsibility for the cleanup of point and nonpoint sources.

 6         (c)  Twelve and five-tenths percent to the Department

 7  of Environmental Protection for the Disadvantaged Small

 8  Community Wastewater Grant Program as provided in s. 403.1838.

 9         (d)  On June 30, 2009, and every 24 months thereafter,

10  the Department of Environmental Protection shall request the

11  return of all unencumbered funds distributed pursuant to this

12  section. These funds shall be deposited into the Water

13  Protection and Sustainability Program Trust Fund and

14  redistributed pursuant to the provisions of this section.

15         (3)(2)  For fiscal year 2005-2006, funds deposited or

16  appropriated into the Water Protection and Sustainability

17  Trust Fund shall be distributed as follows:

18         (a)  One hundred million dollars to the Department of

19  Environmental Protection for the implementation of an

20  alternative water supply program as provided in s. 373.1961.

21         (b)  Funds remaining after the distribution provided

22  for in subsection (1) shall be distributed as follows:

23         1.  Fifty percent for the implementation of best

24  management practices and capital project expenditures

25  necessary for the implementation of the goals of the total

26  maximum daily loads program established in s. 403.067. Of

27  these funds, 85 percent shall be transferred to the credit of

28  the Department of Environmental Protection Water Quality

29  Assurance Trust Fund to address water quality impacts

30  associated with nonagricultural nonpoint sources. Fifteen

31  percent of these funds shall be transferred to the Department


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    CS for SB 24-C                                 First Engrossed



 1  of Agriculture and Consumer Services General Inspection Trust

 2  Fund to address water quality impacts associated with

 3  agricultural nonpoint sources. These funds shall be used for

 4  research, development, demonstration, and implementation of

 5  suitable best management practices or other measures used to

 6  achieve water quality standards in surface waters and water

 7  segments identified pursuant to s. 303(d) of the Clean Water

 8  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

 9  Implementation of best management practices and other measures

10  may include cost-share grants, technical assistance,

11  implementation tracking, and conservation leases or other

12  agreements for water quality improvement.  The Department of

13  Environmental Protection and the Department of Agriculture and

14  Consumer Services may adopt rules governing the distribution

15  of funds for implementation of best management practices.

16  These funds shall not be used to abrogate the financial

17  responsibility of those point and nonpoint sources that have

18  contributed to the degradation of water or land areas.

19  Increased priority shall be given by the department and the

20  water management district governing boards to those projects

21  that have secured a cost-sharing agreement allocating

22  responsibility for the cleanup of point and nonpoint sources.

23         2.  Twenty-five percent for the purposes of funding

24  projects pursuant to ss. 373.451-373.459 or surface water

25  restoration activities in water-management-district-designated

26  priority water bodies. The Secretary of Environmental

27  Protection shall ensure that each water management district

28  receives the following percentage of funds annually:

29         a.  Thirty-five percent to the South Florida Water

30  Management District;

31  


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    CS for SB 24-C                                 First Engrossed



 1         b.  Twenty-five percent to the Southwest Florida Water

 2  Management District;

 3         c.  Twenty-five percent to the St. Johns River Water

 4  Management District;

 5         d.  Seven and one-half percent to the Suwannee River

 6  Water Management District; and

 7         e.  Seven and one-half percent to the Northwest Florida

 8  Water Management District.

 9         3.  Twenty-five percent to the Department of

10  Environmental Protection for the Disadvantaged Small Community

11  Wastewater Grant Program as provided in s. 403.1838.

12  

13  Prior to the end of the 2008 Regular Session, the Legislature

14  must review the distribution of funds under the Water

15  Protection and Sustainability Program to determine if

16  revisions to the funding formula are required. At the

17  discretion of the President of the Senate and the Speaker of

18  the House of Representatives, the appropriate substantive

19  committees of the Legislature may conduct an interim project

20  to review the Water Protection and Sustainability Program and

21  the funding formula and make written recommendations to the

22  Legislature proposing necessary changes, if any.

23         (4)(3)  In addition to the uses allowed in subsection

24  (2) (1) for the 2007-2008 fiscal year, interest earnings

25  accumulated in the Water Protection and Sustainability Program

26  Trust Fund shall be transferred to the Ecosystem Management

27  and Restoration Trust Fund for grants and aids to local

28  governments for water projects as provided in the General

29  Appropriations Act. This subsection expires July 1, 2008.

30         Section 3.  To the extent that revenues have been

31  distributed before November 1, 2007, in excess of the amounts


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    CS for SB 24-C                                 First Engrossed



 1  authorized in s. 403.892(2), Florida Statutes, as amended by

 2  this act, the Department of Environmental Protection shall

 3  reallocate the funds so that the total distribution in the

 4  2007-2008 fiscal year is consistent with the distribution set

 5  forth in s. 403.890(2), Florida Statutes, as amended by this

 6  act.

 7         Section 4.  This act shall take effect upon becoming a

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