HOUSE AMENDMENT
                                                  Bill No. HB 1043   Barcode 894005
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Natural Resources & Environmental Protection
12  offered the following:
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14         Amendment (with title amendment) 
15  Remove from the bill:  Everything after the enacting clause
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17  and insert in lieu thereof:  
18         Section 1.  Section 403.1838, Florida Statutes, is
19  amended to read:
20         403.1838  Small Community Sewer Construction Assistance
21  Act.--
22         (1)  This section may be cited as the "Small Community
23  Sewer Construction Assistance Act."
24         (2)  The department shall use funds specifically
25  appropriated to award grants under this section to assist
26  financially disadvantaged small communities with their needs
27  for adequate sewer facilities.  For purposes of this section,
28  the term "financially disadvantaged small community" means a
29  municipality with a population of 7,500 or less, according to
30  the latest decennial census and a per capita annual income
31  less than the state per capita annual income as determined by
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    File original & 9 copies    04/06/01                          
    hep0001                     01:09 pm         01043-nrep-894005

HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 the United States Department of Commerce or a municipality or 2 county government located within an area designated as a rural 3 area of critical economic concern pursuant to s. 288.0656(7). 4 (3)(a) In accordance with rules adopted by the 5 Environmental Regulation Commission under this section, the 6 department may provide grants, from funds specifically 7 appropriated for this purpose, to financially disadvantaged 8 small communities for up to 100 percent of the costs of 9 planning, designing, constructing, upgrading, or replacing 10 wastewater collection, transmission, treatment, disposal, and 11 reuse facilities, including necessary legal and administrative 12 expenses. 13 (b) The rules of the Environmental Regulation 14 Commission must: 15 1. Require that projects to plan, design, construct, 16 upgrade, or replace wastewater collection, transmission, 17 treatment, disposal, and reuse facilities be cost-effective, 18 environmentally sound, permittable, and implementable. 19 2. Require appropriate user charges, connection fees, 20 and other charges sufficient to ensure the long-term 21 operation, maintenance, and replacement of the facilities 22 constructed under each grant. 23 3. Require grant applications to be submitted on 24 appropriate forms with appropriate supporting documentation, 25 and require records to be maintained. 26 4. Establish a system to determine eligibility of 27 grant applications. 28 5. Establish a system to determine the relative 29 priority of grant applications. The system must consider 30 public health protection, and water pollution abatement, and 31 pending consent orders or other state or federal regulatory 2 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 action. 2 6. Establish requirements for competitive procurement 3 of engineering and construction services, materials, and 4 equipment. 5 7. Provide for termination of grants when program 6 requirements are not met. 7 (c) The department must perform adequate overview of 8 each grant, including technical review, regular inspections, 9 disbursement approvals, and auditing, to successfully 10 implement this section. 11 (d) The department may use up to 2 percent of the 12 grant funds made available each year for the costs of program 13 administration. 14 (e) Any grant awarded before July 1, 1994, under this 15 section, remains subject to the applicable department rules in 16 existence on June 30, 1993, until all rule requirements have 17 been met. 18 Section 2. Effective October 1, 2001, subsection (6) 19 of section 212.20, Florida Statutes, is amended to read: 20 212.20 Funds collected, disposition; additional powers 21 of department; operational expense; refund of taxes 22 adjudicated unconstitutionally collected.-- 23 (6) Distribution of all proceeds under this chapter 24 shall be as follows: 25 (a) Proceeds from the convention development taxes 26 authorized under s. 212.0305 shall be reallocated to the 27 Convention Development Tax Clearing Trust Fund. 28 (b) Proceeds from discretionary sales surtaxes imposed 29 pursuant to ss. 212.054 and 212.055 shall be reallocated to 30 the Discretionary Sales Surtax Clearing Trust Fund. 31 (c) Proceeds from the tax imposed pursuant to s. 3 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 212.06(5)(a)2. shall be reallocated to the Mail Order Sales 2 Tax Clearing Trust Fund. 3 (d) Proceeds from the fees imposed under ss. 4 212.05(1)(i)3. and 212.18(3) shall remain with the General 5 Revenue Fund. 6 (e) The proceeds of all other taxes and fees imposed 7 pursuant to this chapter shall be distributed as follows: 8 1. In any fiscal year, the greater of $500 million, 9 minus an amount equal to 4.6 percent of the proceeds of the 10 taxes collected pursuant to chapter 201, or 5 percent of all 11 other taxes and fees imposed pursuant to this chapter shall be 12 deposited in monthly installments into the General Revenue 13 Fund. 14 2. One-tenth Two-tenths of one percent shall be 15 transferred to the Solid Waste Management Trust Fund and 16 one-tenth shall be transferred to the Small Community Sewer 17 Construction Trust Fund. 18 3. After the distribution under subparagraphs 1. and 19 2., 9.653 percent of the amount remitted by a sales tax dealer 20 located within a participating county pursuant to s. 218.61 21 shall be transferred into the Local Government Half-cent Sales 22 Tax Clearing Trust Fund. 23 4. After the distribution under subparagraphs 1., 2., 24 and 3., 0.065 percent shall be transferred to the Local 25 Government Half-cent Sales Tax Clearing Trust Fund and 26 distributed pursuant to s. 218.65. 27 5. For proceeds received after July 1, 2000, and after 28 the distributions under subparagraphs 1., 2., 3., and 4., 2.25 29 percent of the available proceeds pursuant to this paragraph 30 shall be transferred monthly to the Revenue Sharing Trust Fund 31 for Counties pursuant to s. 218.215. 4 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 6. For proceeds received after July 1, 2000, and after 2 the distributions under subparagraphs 1., 2., 3., and 4., 3 1.0715 percent of the available proceeds pursuant to this 4 paragraph shall be transferred monthly to the Revenue Sharing 5 Trust Fund for Municipalities pursuant to s. 218.215. If the 6 total revenue to be distributed pursuant to this subparagraph 7 is at least as great as the amount due from the Revenue 8 Sharing Trust Fund for Municipalities and the Municipal 9 Financial Assistance Trust Fund in state fiscal year 10 1999-2000, no municipality shall receive less than the amount 11 due from the Revenue Sharing Trust Fund for Municipalities and 12 the Municipal Financial Assistance Trust Fund in state fiscal 13 year 1999-2000. If the total proceeds to be distributed are 14 less than the amount received in combination from the Revenue 15 Sharing Trust Fund for Municipalities and the Municipal 16 Financial Assistance Trust Fund in state fiscal year 17 1999-2000, each municipality shall receive an amount 18 proportionate to the amount it was due in state fiscal year 19 1999-2000. 20 7. Of the remaining proceeds: 21 a. Beginning July 1, 2000, and in each fiscal year 22 thereafter, the sum of $29,915,500 shall be divided into as 23 many equal parts as there are counties in the state, and one 24 part shall be distributed to each county. The distribution 25 among the several counties shall begin each fiscal year on or 26 before January 5th and shall continue monthly for a total of 4 27 months. If a local or special law required that any moneys 28 accruing to a county in fiscal year 1999-2000 under the 29 then-existing provisions of s. 550.135 be paid directly to the 30 district school board, special district, or a municipal 31 government, such payment shall continue until such time that 5 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 the local or special law is amended or repealed. The state 2 covenants with holders of bonds or other instruments of 3 indebtedness issued by local governments, special districts, 4 or district school boards prior to July 1, 2000, that it is 5 not the intent of this subparagraph to adversely affect the 6 rights of those holders or relieve local governments, special 7 districts, or district school boards of the duty to meet their 8 obligations as a result of previous pledges or assignments or 9 trusts entered into which obligated funds received from the 10 distribution to county governments under then-existing s. 11 550.135. This distribution specifically is in lieu of funds 12 distributed under s. 550.135 prior to July 1, 2000. 13 b. The department shall distribute $166,667 monthly 14 pursuant to s. 288.1162 to each applicant that has been 15 certified as a "facility for a new professional sports 16 franchise" or a "facility for a retained professional sports 17 franchise" pursuant to s. 288.1162. Up to $41,667 shall be 18 distributed monthly by the department to each applicant that 19 has been certified as a "facility for a retained spring 20 training franchise" pursuant to s. 288.1162; however, not more 21 than $208,335 may be distributed monthly in the aggregate to 22 all certified facilities for a retained spring training 23 franchise. Distributions shall begin 60 days following such 24 certification and shall continue for not more than 30 years. 25 Nothing contained in this paragraph shall be construed to 26 allow an applicant certified pursuant to s. 288.1162 to 27 receive more in distributions than actually expended by the 28 applicant for the public purposes provided for in s. 29 288.1162(6). However, a certified applicant is entitled to 30 receive distributions up to the maximum amount allowable and 31 undistributed under this section for additional renovations 6 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 and improvements to the facility for the franchise without 2 additional certification. 3 c. Beginning 30 days after notice by the Office of 4 Tourism, Trade, and Economic Development to the Department of 5 Revenue that an applicant has been certified as the 6 professional golf hall of fame pursuant to s. 288.1168 and is 7 open to the public, $166,667 shall be distributed monthly, for 8 up to 300 months, to the applicant. 9 d. Beginning 30 days after notice by the Office of 10 Tourism, Trade, and Economic Development to the Department of 11 Revenue that the applicant has been certified as the 12 International Game Fish Association World Center facility 13 pursuant to s. 288.1169, and the facility is open to the 14 public, $83,333 shall be distributed monthly, for up to 168 15 months, to the applicant. This distribution is subject to 16 reduction pursuant to s. 288.1169. A lump sum payment of 17 $999,996 shall be made, after certification and before July 1, 18 2000. 19 8. All other proceeds shall remain with the General 20 Revenue Fund. 21 Section 3. This act shall take effect July 1, 2001. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, lines 1-10 27 remove from the title of the bill: all of said lines 28 29 and insert in lieu thereof: 30 An act relating to small community sewer 31 construction assistance; amending s. 403.1838, 7 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005
HOUSE AMENDMENT Bill No. HB 1043 Barcode 894005 Amendment No. 1 (for drafter's use only) 1 F.S.; providing considerations for grant 2 eligibility; amending s. 212.20, F.S.; 3 providing for a reallocation of sales tax 4 proceeds; providing an effective date. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/06/01 hep0001 01:09 pm 01043-nrep-894005