Senate Bill 1088

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



    Florida Senate - 1998                                  SB 1088

    By Senator Bronson





    18-1099A-98                                        See HB 3479

  1                      A bill to be entitled

  2         An act relating to agriculture emergencies;

  3         amending s. 206.605, F.S.; distributing

  4         municipal tax on motor fuel to the Agricultural

  5         Emergency Eradication Trust Fund; amending s.

  6         206.606, F.S.; distributing fuel sales tax

  7         deposited in the Fuel Tax Collection Trust Fund

  8         to the Agricultural Emergency Eradication Trust

  9         Fund; amending s. 206.608, F.S.; distributing

10         State Comprehensive Enhanced Transportation

11         System Tax deposited in the Fuel Tax Collection

12         Trust Fund to the Agricultural Emergency

13         Eradication Trust Fund; amending s. 336.025,

14         F.S.; distributing local option fuel tax to the

15         Agricultural Emergency Eradication Trust Fund;

16         providing appropriations; providing a

17         contingent effective date.

18

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

20

21         Section 1.  Subsection (1) of section 206.605, Florida

22  Statutes, is amended to read:

23         206.605  Municipal tax on motor fuel.--

24         (1)  The proceeds of the municipal fuel tax imposed

25  pursuant to s. 206.41(1)(c), after deducting the service

26  charge pursuant to chapter 215, shall be distributed as

27  follows:

28         (a)  0.41 percent shall be transferred to the

29  Agricultural Emergency Eradication Trust Fund.

30         (b)  The remaining proceeds shall be transferred into

31  the Revenue Sharing Trust Fund for Municipalities.

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






    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1         Section 2.  Effective July 1, 1999, subsection (1) of

  2  section 206.605, Florida Statutes, as amended by chapter

  3  95-417, Florida Statutes, is amended to read:

  4         206.605  Municipal tax on motor fuel.--

  5         (1)  The proceeds of the municipal fuel tax imposed

  6  pursuant to s. 206.41(1)(c), after deducting the service

  7  charge pursuant to chapter 215 and the administrative costs

  8  incurred by the department in collecting, administering,

  9  enforcing, and distributing the tax, which administrative

10  costs may not exceed 2 percent of collections, shall be

11  distributed as follows:

12         (a)  0.41 percent shall be transferred to the

13  Agricultural Emergency Eradication Trust Fund.

14         (b)  The remaining proceeds shall be transferred into

15  the Revenue Sharing Trust Fund for Municipalities.

16         Section 3.  Paragraph (d) is added to subsection (1) of

17  section 206.606, Florida Statutes, to read:

18         206.606  Distribution of certain proceeds.--

19         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

20  206.87(1)(e) shall be deposited in the Fuel Tax Collection

21  Trust Fund created by s. 206.875. Such moneys, exclusive of

22  the service charges imposed by s. 215.20, and exclusive of

23  refunds granted pursuant to s. 206.41, shall be distributed

24  monthly to the State Transportation Trust Fund, except that:

25         (d)  0.41 percent of moneys collected pursuant to s.

26  206.41(1)(g) shall be transferred to the Agricultural

27  Emergency Eradication Trust Fund.

28         Section 4.  Effective July 1, 1999, paragraph (d) is

29  added to subsection (1) of section 206.606, Florida Statutes,

30  as amended by chapter 96-321, Laws of Florida, to read:

31         206.606  Distribution of certain proceeds.--

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






    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

  2  206.87(1)(e) shall be deposited in the Fuel Tax Collection

  3  Trust Fund.  Such moneys, after deducting the service charges

  4  imposed by s. 215.20, the refunds granted pursuant to s.

  5  206.41, and the administrative costs incurred by the

  6  department in collecting, administering, enforcing, and

  7  distributing the tax, which administrative costs may not

  8  exceed 2 percent of collections, shall be distributed monthly

  9  to the State Transportation Trust Fund, except that:

10         (d)  0.41 percent of moneys collected pursuant to s.

11  206.41(1)(g) shall be transferred to the Agricultural

12  Emergency Eradication Trust Fund.

13         Section 5.  Section 206.608, Florida Statutes, is

14  amended to read:

15         206.608  State Comprehensive Enhanced Transportation

16  System Tax.--Moneys received pursuant to ss. 206.41(1)(f) and

17  206.87(1)(d) shall be deposited in the Fuel Tax Collection

18  Trust Fund, and, after deducting the service charge pursuant

19  to chapter 215, shall be distributed as follows:

20         (1)  0.41 percent of the proceeds of the tax levied

21  pursuant to s. 206.41(1)(f) shall be transferred to the

22  Agricultural Emergency Eradication Trust Fund.

23         (2)  The remaining proceeds of the tax levied pursuant

24  to s. 206.41(1)(f) and all of the proceeds from the tax

25  imposed by s. 206.87(1)(d) shall be then transferred into the

26  State Transportation Trust Fund, and may be used only for

27  projects in the adopted work program in the district in which

28  the tax proceeds are collected and, to the maximum extent

29  feasible, such moneys shall be programmed for use in the

30  county where collected.  However, no revenue from the taxes

31  imposed pursuant to ss. 206.41(1)(f) and 206.87(1)(d) in a

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






    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1  county shall be expended unless the projects funded with such

  2  revenues have been included in the work program adopted

  3  pursuant to s. 339.135.

  4         Section 6.  Effective July 1, 1999, section 206.608,

  5  Florida Statutes, as amended by chapter 96-323, Laws of

  6  Florida, is amended to read:

  7         206.608  State Comprehensive Enhanced Transportation

  8  System Tax.--Moneys received pursuant to ss. 206.41(1)(f) and

  9  206.87(1)(d) shall be deposited in the Fuel Tax Collection

10  Trust Fund, and, after deducting the service charge imposed in

11  chapter 215 and administrative costs incurred by the

12  department in collecting, administering, enforcing, and

13  distributing the tax, which administrative costs may not

14  exceed 2 percent of collections, shall be distributed as

15  follows:

16         (1)  0.41 percent of the proceeds of the tax levied

17  pursuant to s. 206.41(1)(f) shall be transferred to the

18  Agricultural Emergency Eradication Trust Fund.

19         (2)  The remaining proceeds of the tax levied pursuant

20  to s. 206.41(1)(f) and all of the proceeds from the tax

21  imposed by s. 206.87(1)(d) shall then be transferred into the

22  State Transportation Trust Fund, and may be used only for

23  projects in the adopted work program in the district in which

24  the tax proceeds are collected and, to the maximum extent

25  feasible, such moneys shall be programmed for use in the

26  county where collected. However, no revenue from the taxes

27  imposed pursuant to ss. 206.41(1)(f) and 206.87(1)(d) in a

28  county shall be expended unless the projects funded with such

29  revenues have been included in the work program adopted

30  pursuant to s. 339.135.

31

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






    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1         Section 7.  Paragraph (a) of subsection (2) of section

  2  336.025, Florida Statutes, is amended to read:

  3         336.025  County transportation system; levy of local

  4  option fuel tax on motor fuel and diesel fuel.--

  5         (2)(a)  The tax levied pursuant to paragraph (1)(a)

  6  shall be collected and remitted in the same manner provided by

  7  ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to

  8  paragraph (1)(b) shall be collected and remitted in the same

  9  manner provided by s. 206.41(1)(e).  The taxes remitted

10  pursuant to this section shall be transferred to the Local

11  Option Fuel Tax Trust Fund, which fund is created for

12  distribution to the county and eligible municipal governments

13  within the county in which the tax was collected and which

14  fund is subject to the service charge imposed in chapter 215.

15  The taxes tax shall be distributed, after deducting the

16  service charge pursuant to chapter 215, as follows:

17         1.  0.41 percent of the proceeds of the tax levied

18  pursuant to s. 206.41(1)(e) shall be transferred to the

19  Agricultural Emergency Eradication Trust Fund.

20         2.  The remaining proceeds of the tax levied pursuant

21  to s. 206.41(1)(e) and all of the proceeds from the tax

22  imposed by s. 206.87(1)(c) shall be distributed monthly by the

23  department in the same manner provided by s. 336.021(1)(c) and

24  (d).

25

26  The department has the authority to prescribe and publish all

27  forms upon which reports shall be made to it and other forms

28  and records deemed to be necessary for proper administration

29  and collection of the taxes levied by any county and shall

30  promulgate such rules as may be necessary for the enforcement

31  of this section, which rules shall have the full force and

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    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1  effect of law.  The provisions of ss. 206.026, 206.027,

  2  206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07,

  3  206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12,

  4  206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18,

  5  206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22,

  6  206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.48,

  7  206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 206.873,

  8  206.8735, 206.874, 206.8741, 206.94, and 206.945 shall, as far

  9  as practicable, be applicable to the levy and collection of

10  taxes imposed pursuant to this section as if fully set out in

11  this section.

12         Section 8.  Effective July 1, 1999, paragraph (a) of

13  subsection (2) of section 336.025, Florida Statutes, as

14  amended by chapter 97-54, Laws of Florida, is amended to read:

15         336.025  County transportation system; levy of local

16  option fuel tax on motor fuel and diesel fuel.--

17         (2)(a)  The tax levied pursuant to paragraph (1)(a)

18  shall be collected and remitted in the same manner provided by

19  ss. 206.41(1)(e) and 206.87(1)(c). The tax levied pursuant to

20  paragraph (1)(b) shall be collected and remitted in the same

21  manner provided by s. 206.41(1)(e). The taxes remitted

22  pursuant to this section shall be transferred to the Local

23  Option Fuel Tax Trust Fund, which fund is created for

24  distribution to the county and eligible municipal governments

25  within the county in which the tax was collected and which

26  fund is subject to the service charge imposed in chapter 215.

27  The taxes tax shall be distributed, after deducting the

28  service charge pursuant to chapter 215, as follows:

29         1.  0.41 percent of the proceeds of the tax levied

30  pursuant to s. 206.41(1)(e) shall be transferred to the

31  Agricultural Emergency Eradication Trust Fund.

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    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1         2.  The remaining proceeds of the tax levied pursuant

  2  to s. 206.41(1)(e) and all of the proceeds from the tax

  3  imposed by s. 206.87(1)(c) shall be distributed monthly by the

  4  department in the same manner provided by s. 336.021(1)(c) and

  5  (d).

  6

  7  The department shall deduct the administrative costs incurred

  8  by it in collecting, administering, enforcing, and

  9  distributing back to the counties the tax, which

10  administrative costs may not exceed 2 percent of collections

11  authorized by this section. The total administrative costs

12  shall be prorated among those counties levying the tax

13  according to the following formula, which shall be revised on

14  July 1 of each year:  Two-thirds of the amount deducted shall

15  be based on the county's proportional share of the number of

16  dealers who are registered for purposes of chapter 212 on June

17  30 of the preceding state fiscal year, and one-third of the

18  amount deducted shall be based on the county's share of the

19  total amount of the tax collected during the preceding state

20  fiscal year. The department has the authority to prescribe and

21  publish all forms upon which reports shall be made to it and

22  other forms and records deemed to be necessary for proper

23  administration and collection of the taxes levied by any

24  county and shall promulgate such rules as may be necessary for

25  the enforcement of this section, which rules shall have the

26  full force and effect of law.  The provisions of ss. 206.026,

27  206.027, 206.028, 206.051, 206.052, 206.054, 206.055, 206.06,

28  206.07, 206.075, 206.08, 206.09, 206.095, 206.10, 206.11,

29  206.12, 206.13, 206.14, 206.15, 206.16, 206.17, 206.175,

30  206.18, 206.199, 206.20, 206.204, 206.205, 206.21, 206.215,

31  206.22, 206.24, 206.27, 206.28, 206.41, 206.416, 206.44,

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    Florida Senate - 1998                                  SB 1088
    18-1099A-98                                        See HB 3479




  1  206.45, 206.48, 206.49, 206.56, 206.59, 206.626, 206.87,

  2  206.872, 206.873, 206.8735, 206.874, 206.8741, 206.94, and

  3  206.945 shall, as far as practicable, be applicable to the

  4  levy and collection of taxes imposed pursuant to this section

  5  as if fully set out in this section.

  6         Section 9.  There is hereby appropriated from the

  7  General Revenue Fund to the Agricultural Emergency Eradication

  8  Trust Fund of the Department of Agriculture and Consumer

  9  Services the sum of $6,000,000 for fiscal year 1998-1999. In

10  fiscal year 1999-2000 and each year thereafter, there shall be

11  appropriated from the General Revenue Fund to the Agricultural

12  Emergency Eradication Trust Fund an amount equal to the

13  previous year's transfers into the trust fund from sections

14  206.605, 206.606, 206.608, and 336.025, Florida Statutes.

15         Section 10.  Except as otherwise expressly provided in

16  this act, this act shall take effect July 1, 1998, but it

17  shall not take effect unless SB 1010 or similar legislation

18  creating the Agricultural Emergency Eradication Trust Fund is

19  adopted in the same legislative session or an extension

20  thereof.

21

22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Provides for the distribution of various taxes to the
25    Agricultural Emergency Eradication Trust Fund. Provides
      an appropriation to the Agricultural Emergency
26    Eradication Trust Fund.

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