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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11 The Committee on Natural Resources recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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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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
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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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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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27 And the title is amended as follows:
28 On page 1, lines 3 through 7, delete those lines
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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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