House Bill hb1271
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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.
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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:
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30 Section 1. Subsection (1) of section 206.606, Florida
31 Statutes, is amended to read:
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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
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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.
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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
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Florida House of Representatives - 2002 HB 1271
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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
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Florida House of Representatives - 2002 HB 1271
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1 are made, to the Agricultural Emergency Eradication Trust
2 Fund.
3 Section 3. This act shall take effect July 1, 2002.
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6 HOUSE SUMMARY
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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.
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