House Bill hb1271e1

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                                          HB 1271, First Engrossed



  1                      A bill to be entitled

  2         An act relating to distribution of motor and

  3         other fuel taxes; amending 206.606, F.S.;

  4         requiring that sales tax revenues generated by

  5         the sale of motor and other fuels be

  6         transferred to the State Game Trust Fund;

  7         specifying the purposes for which the revenues

  8         transferred may be used; amending 206.608,

  9         F.S.; requiring that sales tax revenues

10         generated by the sale of motor and other fuels

11         be transferred to the Marine Resource

12         Conservation Trust Fund and to the State Game

13         Trust Fund; specifying the purpose for which

14         the revenue transferred may be used; providing

15         an effective date.

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18         WHEREAS, the boating and marine industries in this

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

20  and commercially, and

21         WHEREAS, recreational boating in this state is an

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

23         WHEREAS, commercial and recreational vessels use motor

24  and other fuels purchased at marinas, and

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

26  the safety of the citizens of this state through boating

27  education and boating compliance programs, and

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

29  the protection of the freshwater and marine life of this

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

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                                          HB 1271, First Engrossed



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

  2

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

  4  Statutes, is amended to read:

  5         206.606  Distribution of certain proceeds.--

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

  7  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

10  206.41, and the administrative costs incurred by the

11  department in collecting, administering, enforcing, and

12  distributing the tax, which administrative costs may not

13  exceed 2 percent of collections, shall be distributed monthly

14  to the State Transportation Trust Fund, except that:

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

16  Department of Environmental Protection in each fiscal year and

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

18  for aquatic plant management, including nonchemical control of

19  aquatic weeds, research into nonchemical controls, and

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

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

22  funds to the eradication of melaleuca.

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

24  Game Trust Fund in the Fish and Wildlife Conservation

25  Commission in each fiscal year and used for recreational

26  boating activities, and freshwater fisheries management and

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

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

29  annually determine where unmet needs exist for boating-related

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

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                                          HB 1271, First Engrossed



  1  due to the number of vessel registrations, sufficient

  2  financial resources are unavailable.

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

  4  local projects to provide recreational channel marking, public

  5  launching facilities, aquatic plant control, and other local

  6  boating related activities. In funding the projects, the

  7  commission shall give priority consideration as follows:

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

  9  or less.

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

11  of boating related activities from individuals residing in

12  other counties.

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

14  recreational boating activities and freshwater fisheries

15  management and research.

16         3.  The commission is authorized to adopt rules

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

18  Boating Improvement Program similar to the program

19  administered by the Department of Environmental Protection and

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

21  Administrative Code, to determine projects eligible for

22  funding under this subsection.

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

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

26  of the House of Representatives outlining the status of its

27  Florida Boating Improvement Program, including the projects

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

29  insufficient financial resources from vessel registration

30  fees.

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                                          HB 1271, First Engrossed



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

  2  206.41(1)(g) shall be transferred to the Agricultural

  3  Emergency Eradication Trust Fund.

  4         (d)  Beginning in fiscal year 2007-2008 and each year

  5  thereafter $3.2 million shall be transferred to the State Game

  6  Trust Fund to fund activities of the Fish and Wildlife

  7  Conservation Commission including coastal law enforcement

  8  efforts, recreational boating activities, public boat

  9  launching facilities, and to fund local projects related to

10  boating.

11         (2)  Not less than 10 percent of the moneys deposited

12  in the State Transportation Trust Fund pursuant to this

13  section shall be allocated by the Department of Transportation

14  for public transit and rail capital projects, including

15  service development projects, as defined in s. 341.031(7) and

16  (8), unless otherwise provided in the General Appropriations

17  Act.

18         Section 2.  Subsection (2) of section 206.608, Florida

19  Statutes, is amended to read:

20         206.608  State Comprehensive Enhanced Transportation

21  System Tax; deposit of proceeds; distribution.--Moneys

22  received pursuant to ss. 206.41(1)(f) and 206.87(1)(d) shall

23  be deposited in the Fuel Tax Collection Trust Fund, and, after

24  deducting the service charge imposed in chapter 215 and

25  administrative costs incurred by the department in collecting,

26  administering, enforcing, and distributing the tax, which

27  administrative costs may not exceed 2 percent of collections,

28  shall be distributed as follows:

29         (1)  0.65 percent of the proceeds of the tax levied

30  pursuant to s. 206.41(1)(f) shall be transferred to the

31  Agricultural Emergency Eradication Trust Fund.


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                                          HB 1271, First Engrossed



  1         (2)  $1 million annually in fiscal year 2003-2004

  2  through fiscal year 2006-2007 shall be transferred to the

  3  Marine Resource Conservation Trust Fund (MRCTF) to fund law

  4  enforcement efforts of the Fish and Wildlife Conservation

  5  Commission.  Beginning in fiscal year 2007-2008 and each year

  6  thereafter $6.8 million shall be transferred to the State Game

  7  Trust Fund to fund activities of the Fish and Wildlife

  8  Conservation Commission including coastal law enforcement

  9  efforts, recreational boating activities, public boat

10  launching facilities, and to fund local projects related to

11  boating activities.

12         (3) (2)  The remaining proceeds of the tax levied

13  pursuant to s. 206.41(1)(f) and all of the proceeds from the

14  tax imposed by s. 206.87(1)(d) shall be transferred into the

15  State Transportation Trust Fund, and may be used only for

16  projects in the adopted work program in the district in which

17  the tax proceeds are collected and, to the maximum extent

18  feasible, such moneys shall be programmed for use in the

19  county where collected. However, no revenue from the taxes

20  imposed pursuant to ss. 206.41(1)(f) and 206.87(1)(d) in a

21  county shall be expended unless the projects funded with such

22  revenues have been included in the work program adopted

23  pursuant to s. 339.135.

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

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