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





                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  The Committee on Natural Resources recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         Delete everything after the enacting clause

16

17  and insert:

18         Section 1.  Paragraph (c) of subsection (1), paragraph

19  (a) of subsection (2), and subsection (8) of section 201.15,

20  Florida Statutes, are amended to read:

21         201.15  Distribution of taxes collected.--All taxes

22  collected under this chapter shall be distributed as follows

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

24  215.20(1), except that such service charge shall not be levied

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

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

27  required to pay any amounts relating to the bonds:

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

29  the remaining taxes collected under this chapter shall be used

30  for the following purposes:

31         (c)  The remainder of the moneys distributed under this

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





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

 2  and (b), shall be paid into the State Treasury to the credit

 3  of the General Revenue Fund of the state to be used and

 4  expended for the purposes for which the General Revenue Fund

 5  was created and exists by law or to the Ecosystem Management

 6  and Restoration Trust Fund or to the Marine Resource

 7  Conservation Trust Fund as provided in subsection (8).

 8         (2)  Seven and fifty-six hundredths percent of the

 9  remaining taxes collected under this chapter shall be used for

10  the following purposes:

11         (a)  Beginning in the month following the final payment

12  for a fiscal year under paragraph (1)(b), available moneys

13  shall be paid into the State Treasury to the credit of the

14  General Revenue Fund of the state to be used and expended for

15  the purposes for which the General Revenue Fund was created

16  and exists by law or to the Ecosystem Management and

17  Restoration Trust Fund or to the Marine Resource Conservation

18  Trust Fund as provided in subsection (8). Payments made under

19  this paragraph shall continue until the cumulative amount

20  credited to the General Revenue Fund for the fiscal year under

21  this paragraph equals the cumulative payments made under

22  paragraph (1)(b) for the same fiscal year.

23         (8)  From the moneys specified in paragraphs (1)(c) and

24  (2)(a) and prior to deposit of any moneys into the General

25  Revenue Fund, $30 $10 million shall be paid into the State

26  Treasury to the credit of the Ecosystem Management and

27  Restoration Trust Fund in fiscal year 1998-1999, $20 million

28  in fiscal year 1999-2000, and $30 million in fiscal year

29  2000-2001 and each fiscal year thereafter, to be used for the

30  preservation and repair of the state's beaches as provided in

31  ss. 161.091-161.212 and $2 million shall be paid into the

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  State Treasury to the credit of the Marine Resources

 2  Conservation Trust Fund to be used for marine mammal care as

 3  provided in s. 370.0603(3).

 4         Section 2.  Effective July 1, 2001, paragraph (c) of

 5  subsection (1), paragraph (a) of subsection (2), and

 6  subsection (11) of section 201.15, Florida Statutes, as

 7  amended by section 2 of chapter 99-247, Laws of Florida, are

 8  amended to read:

 9         201.15  Distribution of taxes collected.--All taxes

10  collected under this chapter shall be distributed as follows

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

12  215.20(1), except that such service charge shall not be levied

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

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

15  required to pay any amounts relating to the bonds:

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

17  the remaining taxes collected under this chapter shall be used

18  for the following purposes:

19         (c)  The remainder of the moneys distributed under this

20  subsection, after the required payments under paragraph (a),

21  shall be paid into the State Treasury to the credit of the

22  General Revenue Fund of the state to be used and expended for

23  the purposes for which the General Revenue Fund was created

24  and exists by law or to the Ecosystem Management and

25  Restoration Trust Fund or to the Marine Resources Conservation

26  Trust Fund as provided in subsection (11).

27         (2)  Seven and fifty-six hundredths percent of the

28  remaining taxes collected under this chapter shall be used for

29  the following purposes:

30         (a)  Beginning in the month following the final payment

31  for a fiscal year under paragraph (1)(b), available moneys

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  shall be paid into the State Treasury to the credit of the

 2  General Revenue Fund of the state to be used and expended for

 3  the purposes for which the General Revenue Fund was created

 4  and exists by law or to the Ecosystem Management and

 5  Restoration Trust Fund or to the Marine Resources Conservation

 6  Trust Fund as provided in subsection (11). Payments made under

 7  this paragraph shall continue until the cumulative amount

 8  credited to the General Revenue Fund for the fiscal year under

 9  this paragraph equals the cumulative payments made under

10  paragraph (1)(b) for the same fiscal year.

11         (11)  From the moneys specified in paragraphs (1)(c)

12  and (2)(a) and prior to deposit of any moneys into the General

13  Revenue Fund, $30 $10 million shall be paid into the State

14  Treasury to the credit of the Ecosystem Management and

15  Restoration Trust Fund in fiscal year 1998-1999, $20 million

16  in fiscal year 1999-2000, and $30 million in fiscal year

17  2000-2001 and each fiscal year thereafter, to be used for the

18  preservation and repair of the state's beaches as provided in

19  ss. 161.091-161.212 and $2 million shall be paid into the

20  State Treasury to the credit of the Marine Resources

21  Conservation Trust Fund to be used for marine mammal care as

22  provided in s. 370.0603(3).

23         Section 3.  Subsection (11) of section 328.72, Florida

24  Statutes, is amended to read:

25         328.72  Classification; registration; fees and charges;

26  surcharge; disposition of fees; fines; marine turtle

27  stickers.--

28         (11)  VOLUNTARY CONTRIBUTIONS.--The application form

29  for boat registration shall include a provision to allow each

30  applicant to indicate a desire to pay an additional voluntary

31  contribution to the Save the Manatee Trust Fund for manatee

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  and marine mammal research, protection, recovery, rescue,

 2  rehabilitation, and release.  This contribution shall be in

 3  addition to all other fees and charges. The amount of the

 4  request for a voluntary contribution solicited shall be $2 or

 5  $5 per registrant.  A registrant who provides a voluntary

 6  contribution of $5 or more shall be given a sticker or emblem

 7  by the tax collector to display, which signifies support for

 8  the Save the Manatee Trust Fund.  All voluntary contributions

 9  shall be deposited in the Save the Manatee Trust Fund for use

10  according to this subsection.  The first $2 of Voluntary

11  contribution by a vessel registrant shall be available for the

12  manatee protection and recovery effort pursuant to s.

13  370.12(4) s. 370.12(4)(a). Any additional amount of voluntary

14  contribution by a vessel registrant shall also be for the

15  purpose of the manatee protection and recovery effort, except

16  that any voluntary contribution in excess of the first $2

17  voluntary contribution by a vessel registrant but not

18  exceeding $2 shall be available for manatee rehabilitation by

19  those facilities approved to rescue, rehabilitate, and release

20  manatees pursuant to s. 370.12(4)(b). The form shall also

21  include language permitting a voluntary contribution of $5 per

22  applicant, which contribution shall be transferred into the

23  Election Campaign Financing Trust Fund.  A statement providing

24  an explanation of the purpose of the trust fund shall also be

25  included.

26         Section 4.  Subsection (1) of section 328.76, is

27  amended to read:

28         328.76  Marine Resources Conservation Trust Fund;

29  vessel registration funds; appropriation and distribution.--

30         (1)  Except as otherwise specified and less any

31  administrative costs, all funds collected from the

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  registration of vessels through the Department of Highway

 2  Safety and Motor Vehicles and the tax collectors of the state

 3  shall be deposited in the Marine Resources Conservation Trust

 4  Fund for recreational channel marking; public launching

 5  facilities; law enforcement and quality control programs;

 6  aquatic weed control; manatee protection, recovery, rescue,

 7  rehabilitation, and release; and marine mammal protection and

 8  recovery. The funds collected pursuant to s. 328.72(1) shall

 9  be transferred as follows:

10         (a)  In each fiscal year, an amount equal to $1.50 $1

11  for each vessel registered in this state shall be transferred

12  to the Save the Manatee Trust Fund for manatee and marine

13  mammal research, protection, and recovery in accordance with

14  the provisions of s. 370.12(4)(a).

15         (b)  In addition, in each fiscal year, an amount equal

16  to 50 cents for each vessel registered in this state shall be

17  transferred to the Save the Manatee Trust Fund in accordance

18  with the provisions of s. 370.12(4)(b) for use by those

19  facilities approved to rescue, rehabilitate, and release

20  manatees as authorized pursuant to the Fish and Wildlife

21  Service of the United States Department of the Interior.

22         (b)(c)  Two dollars from each noncommercial vessel

23  registration fee, except that for class A-1 vessels, shall be

24  transferred to the Invasive Plant Control Trust Fund for

25  aquatic weed research and control.

26         (c)(d)  Forty percent of the registration fees from

27  commercial vessels shall be used for law enforcement and

28  quality control programs.

29         (d)(e)  Forty percent of the registration fees from

30  commercial vessels shall be transferred to the Invasive Plant

31  Control Trust Fund for aquatic plant research and control.

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1         Section 5.  Subsection (3) is added to section

 2  370.0603, Florida Statutes, to read:

 3         370.0603  Marine Resources Conservation Trust Fund;

 4  purposes.--

 5         (3)  Funds provided to the Marine Resources

 6  Conservation Trust Fund from taxes distributed under s.

 7  201.15(9), shall be used for the following purposes:

 8         (a)  To reimburse the cost of activities authorized

 9  pursuant to the Fish and Wildlife Service of the United States

10  Department of the Interior. Such facilities must be involved

11  in the actual rescue and full-time acute care

12  veterinarian-based rehabilitation of manatees. The cost of

13  activities includes, but is not limited to, costs associated

14  with expansion, capital outlay, repair, maintenance, and

15  operation related to the rescue, treatment, stabilization,

16  maintenance, release, and monitoring of manatees. Moneys

17  distributed through the contractual agreement to each facility

18  for manatee rehabilitation must be proportionate to the number

19  of manatees under acute care rehabilitation and those released

20  during the previous fiscal year. The commission may set a cap

21  on the total amount reimbursed per manatee per year.

22         (b)  For training on the care, treatment, and

23  rehabilitation of marine mammals at the Whitney Laboratory and

24  the Veterinary School of Medicine at the University of

25  Florida.

26         (c)  For program administration costs of the agency.

27         (d)  Funds not distributed in any 1 fiscal year must be

28  carried over for distribution in subsequent years.

29         Section 6.  Subsection (4) of section 370.12, Florida

30  Statutes, is amended to read:

31         370.12  Marine animals; regulation.--

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1         (4)  ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.--

 2         (a)  Each fiscal year the Save the Manatee Trust Fund

 3  shall be available to fund an impartial scientific benchmark

 4  census of the manatee population in the state. Weather

 5  permitting, the study shall be conducted annually by the Fish

 6  and Wildlife Conservation Commission and the results shall be

 7  made available to the President of the Senate, the Speaker of

 8  the House of Representatives, and the Governor and Cabinet for

 9  use in the evaluation and development of manatee protection

10  measures. In addition, the Save the Manatee Trust Fund shall

11  be available for annual funding of activities of public and

12  private organizations and those of the commission intended to

13  provide manatee and marine mammal protection and recovery

14  effort; manufacture and erection of informational and

15  regulatory signs; production, publication, and distribution of

16  educational materials; participation in manatee and marine

17  mammal research programs, including carcass salvage and other

18  programs; programs intended to assist the recovery of the

19  manatee as an endangered species, assist the recovery of the

20  endangered or threatened marine mammals, and prevent the

21  endangerment of other species of marine mammals; and other

22  similar programs intended to protect and enhance the recovery

23  of the manatee and other species of marine mammals. The

24  commission shall annually solicit advisory recommendations

25  from the Save the Manatee Committee affiliated with the Save

26  the Manatee Club, as identified and recognized in Executive

27  Order 85-19, on the use of funds from the Save the Manatee

28  Trust Fund.

29         (b)  Each fiscal year moneys in the Save the Manatee

30  Trust Fund shall also be used, pursuant to s. 328.76(1)(b), to

31  reimburse the cost of activities related to manatee

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  rehabilitation by facilities that rescue, rehabilitate, and

 2  release manatees as authorized pursuant to the Fish and

 3  Wildlife Service of the United States Department of the

 4  Interior. Such facilities must be involved in the actual

 5  rescue and full-time acute care veterinarian-based

 6  rehabilitation of manatees. The cost of activities includes,

 7  but is not limited to, costs associated with expansion,

 8  capital outlay, repair, maintenance, and operations related to

 9  the rescue, treatment, stabilization, maintenance, release,

10  and monitoring of manatees. Moneys distributed through

11  contractual agreement to each facility for manatee

12  rehabilitation shall be proportionate to the number of

13  manatees under acute care rehabilitation and those released

14  during the previous fiscal year. However, the reimbursement

15  may not exceed the total amount available pursuant to ss.

16  328.72(11) and 328.76(1)(b) for the purposes provided in this

17  paragraph. Prior to receiving reimbursement for the expenses

18  of rescue, rehabilitation, and release, a facility that

19  qualifies under state and federal regulations shall submit a

20  plan to the Fish and Wildlife Conservation Commission for

21  assisting the commission and the Department of Highway Safety

22  and Motor Vehicles in marketing the manatee specialty license

23  plates. At a minimum, the plan shall include provisions for

24  graphics, dissemination of brochures, recorded oral and visual

25  presentation, and maintenance of a marketing exhibit. The plan

26  shall be updated annually, and the Fish and Wildlife

27  Conservation Commission shall inspect each marketing exhibit

28  at least once each year to ensure the quality of the exhibit

29  and promotional material. Each facility that receives funds

30  for manatee rehabilitation shall annually provide the

31  commission a written report, within 30 days after the close of

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1  the state fiscal year, documenting the efforts and

 2  effectiveness of the facility's promotional activities.

 3         (b)(c)  By December 1 each year, the Fish and Wildlife

 4  Conservation Commission shall provide the President of the

 5  Senate and the Speaker of the House of Representatives a

 6  written report, enumerating the amounts and purposes for which

 7  all proceeds in the Save the Manatee Trust Fund for the

 8  previous fiscal year are expended, in a manner consistent with

 9  those recovery tasks enumerated within the manatee recovery

10  plan as required by the Endangered Species Act.

11         (c)(d)  When the federal and state governments remove

12  the manatee from status as an endangered or threatened

13  species, the annual allocation may be reduced.

14         Section 7.  The sum of $2 million is appropriated to

15  the Fish and Wildlife Conservation Commission from the Marine

16  Resources Conservation Trust Fund beginning in fiscal year

17  2000-2001 to be expended as follows: $810,000 for training in

18  the care of marine mammals at the Whitney Laboratory and the

19  Veterinary School of Medicine at the University of Florida, up

20  to $1,150,000 for the care of marine mammals at licensed

21  research facilities pursuant to s. 370.0603(3), and up to

22  $40,000 for program administration costs of the agency.

23         Section 8.  This act shall take effect July 1, 2000.

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25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, lines 3 through 7, delete those lines

29

30  and insert:

31         201.15, F.S.; providing for the distribution of

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                                                  SENATE AMENDMENT

    Bill No. SB 2222

    Amendment No. 1





 1         certain documentary stamp tax revenues to the

 2         Marine Resource Conservation Trust Fund to be

 3         used for marine mammal care; amending s.

 4         201.15, F.S.; providing for the distribution of

 5         certain documentary stamp tax revenues to the

 6         Marine Resource Conservation Trust Fund to be

 7         used for marine mammal care, effective July 1,

 8         2001; amending s. 328.72, F.S.; revising the

 9         process of handling voluntary contributions for

10         manatee protection; amending s. 328.76, F.S.;

11         eliminating the transfer of certain registered

12         vessel revenues to the Save the Manatee Trust

13         Fund; amending s. 370.0603, F.S.; providing

14         requirements for the use of funds in the Marine

15         Resource Conservation Trust Fund; amending s.

16         370.12, F.S.; eliminating requirements for the

17         use of specified funds for manatee

18         rehabilitation from the Save the Manatee Trust

19         Fund; providing an appropriation; providing an

20         effective date.

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