House Bill hb1271

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




    Florida House of Representatives - 2002                HB 1271

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to the distribution of motor

  3         and other fuel taxes; amending s. 206.606,

  4         F.S.; requiring that sales tax revenues

  5         generated by the sale of motor and other fuels

  6         at marinas be transferred to the Fish and

  7         Wildlife Conservation Commission; specifying

  8         the purposes for which the revenues transferred

  9         may be used; amending s. 206.609, F.S.;

10         correcting a cross reference, to conform;

11         providing an effective date.

12

13

14         WHEREAS, the boating and marine industries in this

15  state are important to the state's economy both recreationally

16  and commercially, and

17         WHEREAS, recreational boating in this state is an

18  important part of the tourism industry of this state, and

19         WHEREAS, commercial and recreational vessels use motor

20  and other fuels purchased at marinas, and

21         WHEREAS, on the water, law enforcement is important to

22  the safety of the citizens of this state through boating

23  education and boating compliance programs, and

24         WHEREAS, on the water, law enforcement is important to

25  the protection of the freshwater and marine life of this

26  state, including the protection of manatees, NOW, THEREFORE,

27

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

29

30         Section 1.  Subsection (1) of section 206.606, Florida

31  Statutes, is amended to read:

                                  1

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






    Florida House of Representatives - 2002                HB 1271

    578-152-02






  1         206.606  Distribution of certain proceeds.--

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

  3  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

  6  206.41, and the administrative costs incurred by the

  7  department in collecting, administering, enforcing, and

  8  distributing the tax, which administrative costs may not

  9  exceed 2 percent of collections, shall be distributed monthly

10  to the State Transportation Trust Fund, except that:

11         (a)  $6.30 million shall be transferred to the

12  Department of Environmental Protection in each fiscal year and

13  deposited in the Invasive Plant Control Trust Fund to be used

14  for aquatic plant management, including nonchemical control of

15  aquatic weeds, research into nonchemical controls, and

16  enforcement activities.  Beginning in fiscal year 1993-1994,

17  the department shall allocate at least $1 million of such

18  funds to the eradication of melaleuca.

19         (b)  $2.5 million shall be transferred to the State

20  Game Trust Fund in the Fish and Wildlife Conservation

21  Commission in each fiscal year and used for recreational

22  boating activities, and freshwater fisheries management and

23  research.  The transfers must be made in equal monthly amounts

24  beginning on July 1 of each fiscal year. The commission shall

25  annually determine where unmet needs exist for boating-related

26  activities, and may fund such activities in counties where,

27  due to the number of vessel registrations, sufficient

28  financial resources are unavailable.

29         1.  A minimum of $1.25 million shall be used to fund

30  local projects to provide recreational channel marking, public

31  launching facilities, aquatic plant control, and other local

                                  2

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






    Florida House of Representatives - 2002                HB 1271

    578-152-02






  1  boating related activities. In funding the projects, the

  2  commission shall give priority consideration as follows:

  3         a.  Unmet needs in counties with populations of 100,000

  4  or less.

  5         b.  Unmet needs in coastal counties with a high level

  6  of boating related activities from individuals residing in

  7  other counties.

  8         2.  The remaining $1.25 million may be used for

  9  recreational boating activities and freshwater fisheries

10  management and research.

11         3.  The commission is authorized to adopt rules

12  pursuant to ss. 120.536(1) and 120.54 to implement a Florida

13  Boating Improvement Program similar to the program

14  administered by the Department of Environmental Protection and

15  established in rules 62D-5.031 - 62D-5.036, Florida

16  Administrative Code, to determine projects eligible for

17  funding under this subsection.

18

19  On February 1 of each year, the commission shall file an

20  annual report with the President of the Senate and the Speaker

21  of the House of Representatives outlining the status of its

22  Florida Boating Improvement Program, including the projects

23  funded, and a list of counties whose needs are unmet due to

24  insufficient financial resources from vessel registration

25  fees.

26         (c)  $8 million in fuel sales tax revenues generated

27  from the sale of motor and other fuel at marinas shall be

28  transferred to the Marine Resources Conservation Trust Fund in

29  each fiscal year and used to fund law enforcement efforts of

30  the Fish and Wildlife Conservation Commission.  The transfers

31

                                  3

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






    Florida House of Representatives - 2002                HB 1271

    578-152-02






  1  must be made in equal monthly amounts beginning on July 1 of

  2  each year.

  3         (d)  $1 million in fuel sales tax revenues generated

  4  from the sale of motor and other fuel at marinas shall be

  5  transferred to the Marine Resources Conservation Trust Fund in

  6  each fiscal year to be used for public launching facilities.

  7  The transfers must be made in equal monthly amounts beginning

  8  on July 1 of each year.

  9         (e)(c)  0.65 percent of moneys collected pursuant to s.

10  206.41(1)(g) shall be transferred to the Agricultural

11  Emergency Eradication Trust Fund.

12         Section 2.  Subsection (1) and paragraph (b) of

13  subsection (3) of section 206.609, Florida Statutes, are

14  amended to read:

15         206.609  Transfer of funds to the Agricultural

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

17  Agricultural Emergency Eradication Trust Fund pursuant to ss.

18  206.606 and 206.608 are subject to the following provisions:

19         (1)  If the unobligated balance of the Agricultural

20  Emergency Eradication Trust Fund exceeds $20 million, the

21  transfers provided for in ss. 206.606(1)(e)(c) and 206.608(1)

22  shall be discontinued until the unobligated balance of the

23  trust fund falls below $10 million, at which time such

24  transfers shall be reinstated to return the balance to $20

25  million.

26         (3)

27         (b)  Any refunds of the tax imposed under s.

28  206.41(1)(g) claimed under s. 206.41(4)(c)1. in excess of such

29  refunds claimed during the fiscal year preceding the effective

30  date of this act shall be deducted from the amount transferred

31  pursuant to s. 206.606(1)(e)(c), during the year the claims

                                  4

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






    Florida House of Representatives - 2002                HB 1271

    578-152-02






  1  are made, to the Agricultural Emergency Eradication Trust

  2  Fund.

  3         Section 3.  This act shall take effect July 1, 2002.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Requires that sales tax revenues generated by the sale of
  8    motor and other fuels at marinas be transferred to the
      Fish and Wildlife Conservation Commission and specifies
  9    the purposes for which the transferred revenues may be
      used.
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

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