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





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Burt moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 29, between lines 11 and 12,

15

16  insert:

17         Section 12.  Paragraph (c) of subsection (1), paragraph

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

19  Florida Statutes, are amended to read:

20         201.15  Distribution of taxes collected.--All taxes

21  collected under this chapter shall be distributed as follows

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

23  215.20(1), except that such service charge shall not be levied

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

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

26  required to pay any amounts relating to the bonds:

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

28  the remaining taxes collected under this chapter shall be used

29  for the following purposes:

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





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

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

 3  expended for the purposes for which the General Revenue Fund

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

 5  and Restoration Trust Fund or to the Marine Resource

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

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

 8  remaining taxes collected under this chapter shall be used for

 9  the following purposes:

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

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

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

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

14  the purposes for which the General Revenue Fund was created

15  and exists by law or to the Ecosystem Management and

16  Restoration Trust Fund or to the Marine Resource Conservation

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

18  this paragraph shall continue until the cumulative amount

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

20  this paragraph equals the cumulative payments made under

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

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

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

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

25  Treasury to the credit of the Ecosystem Management and

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

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

28  2000-2001 and each fiscal year thereafter, to be used for the

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

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

31  State Treasury to the credit of the Marine Resources

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





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

 2  provided in s. 370.0603(3).

 3         Section 13.  Effective July 1, 2001, paragraph (c) of

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

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

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

 7  amended to read:

 8         201.15  Distribution of taxes collected.--All taxes

 9  collected under this chapter shall be distributed as follows

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

11  215.20(1), except that such service charge shall not be levied

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

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

14  required to pay any amounts relating to the bonds:

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

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

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

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

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

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

22  the purposes for which the General Revenue Fund was created

23  and exists by law or to the Ecosystem Management and

24  Restoration Trust Fund or to the Marine Resources Conservation

25  Trust Fund as provided in subsection (11).

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

27  remaining taxes collected under this chapter shall be used for

28  the following purposes:

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





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

 2  the purposes for which the General Revenue Fund was created

 3  and exists by law or to the Ecosystem Management and

 4  Restoration Trust Fund or to the Marine Resources Conservation

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

 6  this paragraph shall continue until the cumulative amount

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

 8  this paragraph equals the cumulative payments made under

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

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

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

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

13  Treasury to the credit of the Ecosystem Management and

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

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

16  2000-2001 and each fiscal year thereafter, to be used for the

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

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

19  State Treasury to the credit of the Marine Resources

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

21  provided in s. 370.0603(3).

22         Section 14.  Subsection (11) of section 328.72, Florida

23  Statutes, is amended to read:

24         328.72  Classification; registration; fees and charges;

25  surcharge; disposition of fees; fines; marine turtle

26  stickers.--

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

28  for boat registration shall include a provision to allow each

29  applicant to indicate a desire to pay an additional voluntary

30  contribution to the Save the Manatee Trust Fund for manatee

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





 1  rehabilitation, and release.  This contribution shall be in

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

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

 4  $5 per registrant.  A registrant who provides a voluntary

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

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

 7  the Save the Manatee Trust Fund.  All voluntary contributions

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

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

10  contribution by a vessel registrant shall be available for the

11  manatee protection and recovery effort pursuant to s.

12  370.12(4) s. 370.12(4)(a). Any additional amount of voluntary

13  contribution by a vessel registrant shall also be for the

14  purpose of the manatee protection and recovery effort, except

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

16  voluntary contribution by a vessel registrant but not

17  exceeding $2 shall be available for manatee rehabilitation by

18  those facilities approved to rescue, rehabilitate, and release

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

20  include language permitting a voluntary contribution of $5 per

21  applicant, which contribution shall be transferred into the

22  Election Campaign Financing Trust Fund.  A statement providing

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

24  included.

25         Section 15.  Subsection (1) of section 328.76, is

26  amended to read:

27         328.76  Marine Resources Conservation Trust Fund;

28  vessel registration funds; appropriation and distribution.--

29         (1)  Except as otherwise specified and less any

30  administrative costs, all funds collected from the

31  registration of vessels through the Department of Highway

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





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

 2  shall be deposited in the Marine Resources Conservation Trust

 3  Fund for recreational channel marking; public launching

 4  facilities; law enforcement and quality control programs;

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

 6  rehabilitation, and release; and marine mammal protection and

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

 8  be transferred as follows:

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

10  for each vessel registered in this state shall be transferred

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

12  mammal research, protection, and recovery in accordance with

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

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

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

16  transferred to the Save the Manatee Trust Fund in accordance

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

18  facilities approved to rescue, rehabilitate, and release

19  manatees as authorized pursuant to the Fish and Wildlife

20  Service of the United States Department of the Interior.

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

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

23  transferred to the Invasive Plant Control Trust Fund for

24  aquatic weed research and control.

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

26  commercial vessels shall be used for law enforcement and

27  quality control programs.

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

29  commercial vessels shall be transferred to the Invasive Plant

30  Control Trust Fund for aquatic plant research and control.

31         Section 16.  Subsection (3) is added to section

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





 1  370.0603, Florida Statutes, to read:

 2         370.0603  Marine Resources Conservation Trust Fund;

 3  purposes.--

 4         (3)  Funds provided to the Marine Resources

 5  Conservation Trust Fund from taxes distributed under s.

 6  201.15(9), shall be used for the following purposes:

 7         (a)  To reimburse the cost of activities authorized

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

 9  Department of the Interior. Such facilities must be involved

10  in the actual rescue and full-time acute care

11  veterinarian-based rehabilitation of manatees. The cost of

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

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

14  operation related to the rescue, treatment, stabilization,

15  maintenance, release, and monitoring of manatees. Moneys

16  distributed through the contractual agreement to each facility

17  for manatee rehabilitation must be proportionate to the number

18  of manatees under acute care rehabilitation; the number of

19  maintenance days medically necessary in the facility; and the

20  number released during the previous fiscal year. The

21  commission may set a cap on the total amount reimbursed per

22  manatee per year.

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

24  rehabilitation of marine mammals at the Whitney Laboratory and

25  the Veterinary School of Medicine at the University of

26  Florida.

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

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

29  carried over for distribution in subsequent years.

30         Section 17.  Subsection (4) of section 370.12, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





 1         370.12  Marine animals; regulation.--

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

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

 4  shall be available to fund an impartial scientific benchmark

 5  census of the manatee population in the state. Weather

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

 7  and Wildlife Conservation Commission and the results shall be

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

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

10  use in the evaluation and development of manatee protection

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

12  be available for annual funding of activities of public and

13  private organizations and those of the commission intended to

14  provide manatee and marine mammal protection and recovery

15  effort; manufacture and erection of informational and

16  regulatory signs; production, publication, and distribution of

17  educational materials; participation in manatee and marine

18  mammal research programs, including carcass salvage and other

19  programs; programs intended to assist the recovery of the

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

21  endangered or threatened marine mammals, and prevent the

22  endangerment of other species of marine mammals; and other

23  similar programs intended to protect and enhance the recovery

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

25  commission shall annually solicit advisory recommendations

26  from the Save the Manatee Committee affiliated with the Save

27  the Manatee Club, as identified and recognized in Executive

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

29  Trust Fund.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





 1  reimburse the cost of activities related to manatee

 2  rehabilitation by facilities that rescue, rehabilitate, and

 3  release manatees as authorized pursuant to the Fish and

 4  Wildlife Service of the United States Department of the

 5  Interior. Such facilities must be involved in the actual

 6  rescue and full-time acute care veterinarian-based

 7  rehabilitation of manatees. The cost of activities includes,

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

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

10  the rescue, treatment, stabilization, maintenance, release,

11  and monitoring of manatees. Moneys distributed through

12  contractual agreement to each facility for manatee

13  rehabilitation shall be proportionate to the number of

14  manatees under acute care rehabilitation and those released

15  during the previous fiscal year. However, the reimbursement

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

17  328.72(11) and 328.76(1)(b) for the purposes provided in this

18  paragraph. Prior to receiving reimbursement for the expenses

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

20  qualifies under state and federal regulations shall submit a

21  plan to the Fish and Wildlife Conservation Commission for

22  assisting the commission and the Department of Highway Safety

23  and Motor Vehicles in marketing the manatee specialty license

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

25  graphics, dissemination of brochures, recorded oral and visual

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

27  shall be updated annually, and the Fish and Wildlife

28  Conservation Commission shall inspect each marketing exhibit

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

30  and promotional material. Each facility that receives funds

31  for manatee rehabilitation shall annually provide the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





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

 2  the state fiscal year, documenting the efforts and

 3  effectiveness of the facility's promotional activities.

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

 5  Conservation Commission shall provide the President of the

 6  Senate and the Speaker of the House of Representatives a

 7  written report, enumerating the amounts and purposes for which

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

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

10  those recovery tasks enumerated within the manatee recovery

11  plan as required by the Endangered Species Act.

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

13  the manatee from status as an endangered or threatened

14  species, the annual allocation may be reduced.

15         Section 18.  The sum of $2 million is appropriated to

16  the Fish and Wildlife Conservation Commission from the Marine

17  Resources Conservation Trust Fund beginning in fiscal year

18  2000-2001 to be expended as follows: $810,000 for training in

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

20  Veterinary School of Medicine at the University of Florida,

21  $1,150,000 for the care of marine mammals at licensed research

22  facilities pursuant to s. 370.0603(3), and up to $40,000 for

23  program administration costs of the agency.

24

25  (Redesignate subsequent sections.)

26

27

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

29  And the title is amended as follows:

30         On page 2, line 15, after the first semicolon,

31

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 240

    Amendment No.    





 1  insert:

 2         providing for the distribution of certain

 3         documentary stamp tax revenues to the Marine

 4         Resource Conservation Trust Fund to be used for

 5         marine mammal care; amending s. 201.15, F.S.;

 6         providing for the distribution of certain

 7         documentary stamp tax revenues to the Marine

 8         Resource Conservation Trust Fund to be used for

 9         marine mammal care, effective July 1, 2001;

10         amending s. 328.72, F.S.; revising the process

11         of handling voluntary contributions for manatee

12         protection; amending s. 328.76, F.S.;

13         eliminating the transfer of certain registered

14         vessel revenues to the Save the Manatee Trust

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

16         requirements for the use of funds in the Marine

17         Resource Conservation Trust Fund; amending s.

18         370.12, F.S.; eliminating requirements for the

19         use of specified funds for manatee

20         rehabilitation from the Save the Manatee Trust

21         Fund; providing an appropriation;

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