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:
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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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