Senate Bill 1088c1

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    Florida Senate - 1998                           CS for SB 1088

    By the Committee on Agriculture and Senator Bronson





    303-1725C-98

  1                      A bill to be entitled

  2         An act relating to agriculture emergencies;

  3         amending s. 206.606, F.S.; distributing fuel

  4         sales tax deposited in the Fuel Tax Collection

  5         Trust Fund to the Agricultural Emergency

  6         Eradication Trust Fund; amending s. 206.608,

  7         F.S.; distributing State Comprehensive Enhanced

  8         Transportation System Tax deposited in the Fuel

  9         Tax Collection Trust Fund to the Agricultural

10         Emergency Eradication Trust Fund; creating s.

11         206.609, F.S.; providing restrictions on the

12         transfer of moneys to the Agricultural

13         Emergency Eradication Trust Fund; requiring the

14         Commissioner of Agriculture to give notice

15         concerning the use of trust fund moneys;

16         providing appropriations; providing a

17         contingent effective date.

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

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

22  section 206.606, Florida Statutes, to read:

23         206.606  Distribution of certain proceeds.--

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

25  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

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

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

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    Florida Senate - 1998                           CS for SB 1088
    303-1725C-98




  1         (d)  0.65 percent of moneys collected pursuant to s.

  2  206.41(1)(g) shall be transferred to the Agricultural

  3  Emergency Eradication Trust Fund.

  4         Section 2.  Effective July 1, 1999, paragraph (d) is

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

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

  7         206.606  Distribution of certain proceeds.--

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

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

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

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

12  206.41, and the administrative costs incurred by the

13  department in collecting, administering, enforcing, and

14  distributing the tax, which administrative costs may not

15  exceed 2 percent of collections, shall be distributed monthly

16  to the State Transportation Trust Fund, except that:

17         (d)  0.65 percent of moneys collected pursuant to s.

18  206.41(1)(g) shall be transferred to the Agricultural

19  Emergency Eradication Trust Fund.

20         Section 3.  Section 206.608, Florida Statutes, is

21  amended to read:

22         206.608  State Comprehensive Enhanced Transportation

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

24  206.87(1)(d) shall be deposited in the Fuel Tax Collection

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

26  to chapter 215, shall be distributed as follows:

27         (1)  0.65 percent of the proceeds of the tax levied

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

29  Agricultural Emergency Eradication Trust Fund.

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

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

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    Florida Senate - 1998                           CS for SB 1088
    303-1725C-98




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

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

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

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

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

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

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

  8  county shall be expended unless the projects funded with such

  9  revenues have been included in the work program adopted

10  pursuant to s. 339.135.

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

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

13  Florida, is amended to read:

14         206.608  State Comprehensive Enhanced Transportation

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

16  206.87(1)(d) shall be deposited in the Fuel Tax Collection

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

18  chapter 215 and administrative costs incurred by the

19  department in collecting, administering, enforcing, and

20  distributing the tax, which administrative costs may not

21  exceed 2 percent of collections, shall be distributed as

22  follows:

23         (1)  0.65 percent of the proceeds of the tax levied

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

25  Agricultural Emergency Eradication Trust Fund.

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

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

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

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

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

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

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    Florida Senate - 1998                           CS for SB 1088
    303-1725C-98




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

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

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

  4  county shall be expended unless the projects funded with such

  5  revenues have been included in the work program adopted

  6  pursuant to s. 339.135.

  7         Section 5.  Section 206.609, Florida Statutes, is

  8  created to read:

  9         206.609  Transfer of funds to the Agricultural

10  Emergency Eradication Trust Fund.--Moneys transferred to the

11  Agricultural Emergency Eradication Trust Fund pursuant to ss.

12  206.606 and 206.608 are subject to the following provisions:

13         (1)  If the unobligated balance of the Agricultural

14  Emergency Eradication Trust Fund exceeds $20 million, the

15  transfers provided for in ss. 206.606 and 206.608 shall be

16  discontinued until the unobligated balance of the trust fund

17  falls below $10 million, at which time such transfers shall be

18  reinstated to return the balance to $20 million.

19         (2)  A change in transfers pursuant to this section

20  shall take effect on the first day of the month after 30 days'

21  notification to the Department of Revenue by the Department of

22  Agriculture and Consumer Services when the unobligated balance

23  of the trust fund exceeds or falls below a limit set pursuant

24  to this section.

25         (3)  Any refunds claimed under s. 206.41(4)(c)1. in

26  excess of the refunds claimed during the fiscal year preceding

27  the effective date of this act will be deducted from the

28  amount transferred, during the year the claims are made, to

29  the Agricultural Emergency Eradication Trust Fund.

30         Section 6.  Whenever the Commissioner of Agriculture

31  certifies that an agricultural emergency exists for which

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    Florida Senate - 1998                           CS for SB 1088
    303-1725C-98




  1  funds from the Agricultural Emergency Eradication Trust Fund

  2  will be used, the commissioner must notify the Governor, the

  3  President of the Senate, and the Speaker of the House of

  4  Representatives.

  5         Section 7.  There is hereby appropriated from the

  6  General Revenue Fund to the Agricultural Emergency Eradication

  7  Trust Fund of the Department of Agriculture and Consumer

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

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

10  appropriated from the General Revenue Fund to the Agricultural

11  Emergency Eradication Trust Fund an amount equal to the

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

13  206.606 and 206.608, Florida Statutes.

14         Section 8.  Except as otherwise expressly provided in

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

16  shall not take effect unless SB 1010 or similar legislation

17  creating the Agricultural Emergency Eradication Trust Fund is

18  adopted in the same legislative session or an extension

19  thereof.

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    Florida Senate - 1998                           CS for SB 1088
    303-1725C-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1088

  3

  4  This committee substitute:

  5  *    Deletes the tranfer of funds from the municipal tax on
         motor fuel (s.206.605, F.S.) and the local option motor
  6       fuel tax (s. 336.025, F.S.)to the Agricultural Emergency
         Eradication Trust Fund.
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    *    Raises the percentage of various motor fuel taxes to be
  8       transferred to the Agricultural Emergency Eradication
         Trust Fund from 0.41 percent to 0.65 percent.
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    *    Discontinues the transfer of money if the unobligated
10       balance of the Agricultural Emergency Eradication Trust
         Fund exceeds $20 million.
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    *    Reinstates the transfer of money when the unobligated
12       balance of the Agricultural Emergency Eradication Trust
         Fund falls below $10 million.
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    *    Requires changes in the transfer of funds to take effect
14       on the first day of the month after 30 days' notification
         to the Department of Revenue by the Department of
15       Agriculture and Consumer Services.  Requires any refunds
         claimed for off-road gasoline useage's in excess of the
16       refunds claimed during the fiscal year preceding the
         effective date of this act to be deducted from the amount
17       transferred during the year the claims are made to the
         Agricultural Emergency Eradication Trust Fund.
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    *    Requires the Commissioner of Agriculture to notify the
19       Governor, the President of the Senate, and the Speaker of
         the House of Representatives when he certifies that an
20       agricultural emergency exists and that funds from the
         Agricultural Emergency Eradication Trust Fund will be
21       used.

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