Senate Bill sb2090

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    Florida Senate - 2002                                  SB 2090

    By Senator King





    8-1263-02

  1                      A bill to be entitled

  2         An act relating to the Fuel Tax Collection

  3         Trust Fund; amending ss. 206.606, 206.608,

  4         F.S.; revising the distribution of certain tax

  5         proceeds that have been deposited in the trust

  6         fund; increasing the amount to be distributed

  7         to the State Game Trust Fund; revising the uses

  8         of such proceeds; providing an effective date.

  9

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

11

12         Section 1.  Section 206.606, Florida Statutes, is

13  amended to read:

14         206.606  Distribution of certain proceeds.--

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

16  206.87(1)(e) shall be deposited in the Fuel Tax Collection

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

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

19  206.41, and the administrative costs incurred by the

20  department in collecting, administering, enforcing, and

21  distributing the tax, which administrative costs may not

22  exceed 2 percent of collections, shall be distributed monthly

23  to the State Transportation Trust Fund, except that:

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

25  Department of Environmental Protection in each fiscal year and

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

27  for aquatic plant management, including nonchemical control of

28  aquatic weeds, research into nonchemical controls, and

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

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

31  funds to the eradication of melaleuca.

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    Florida Senate - 2002                                  SB 2090
    8-1263-02




  1         (b)  $12 $2.5 million shall be transferred to the State

  2  Game Trust Fund in the Fish and Wildlife Conservation

  3  Commission in each fiscal year and used for recreational

  4  boating activities, and freshwater fisheries management and

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

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

  7  annually determine where unmet needs exist for boating-related

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

  9  due to the number of vessel registrations, sufficient

10  financial resources are unavailable.

11         1.  A minimum of $6 $1.25 million shall be used to fund

12  local projects to provide recreational channel marking, public

13  launching facilities, aquatic plant control, and other local

14  boating related activities. In funding the projects, the

15  commission shall give priority consideration as follows:

16         a.  Unmet needs in counties that have with populations

17  of 100,000 or less.

18         b.  Unmet needs in coastal counties that have with a

19  high level of boating-related boating related activities that

20  involve from individuals who reside residing in other

21  counties.

22         2.  The remaining $6 $1.25 million may be used for

23  recreational boating activities and freshwater fisheries

24  management and research.

25         3.  The commission is authorized to adopt rules

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

27  Boating Improvement Program similar to the program

28  administered by the Department of Environmental Protection and

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

30  Administrative Code, to determine projects eligible for

31  funding under this subsection.

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    Florida Senate - 2002                                  SB 2090
    8-1263-02




  1

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

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

  4  of the House of Representatives outlining the status of its

  5  Florida Boating Improvement Program, including the projects

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

  7  insufficient financial resources from vessel registration

  8  fees.

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

13  in the State Transportation Trust Fund pursuant to this

14  section shall be allocated by the Department of Transportation

15  for public transit and rail capital projects, including

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

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

18  Act.

19         Section 2.  Section 206.608, Florida Statutes, is

20  amended to read:

21         206.608  State Comprehensive Enhanced Transportation

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

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

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

25  deducting the service charge imposed in chapter 215 and

26  administrative costs incurred by the department in collecting,

27  administering, enforcing, and distributing the tax, which

28  administrative costs may not exceed 2 percent of collections,

29  shall be distributed as follows:

30         (1)  Ten million dollars shall be transferred to the

31  State Game Trust Fund in the Fish and Wildlife Conservation

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    Florida Senate - 2002                                  SB 2090
    8-1263-02




  1  Commission in each fiscal year and used for recreational

  2  boating activities and for freshwater fisheries management and

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

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

  5  annually determine where unmet needs exist for boating-related

  6  activities and may fund such activities in counties where, due

  7  to the number of vessel registrations, sufficient financial

  8  resources are unavailable.

  9         1.  A minimum of $5 million shall be used to fund local

10  projects to provide recreational channel marking, public

11  launching facilities, aquatic plant control, and other local

12  boating-related activities. In funding the projects, the

13  commission shall give priority in the following order:

14         a.  To unmet needs in counties that have populations of

15  100,000 or less.

16         b.  To unmet needs in coastal counties that have a high

17  level of boating-related activities involving individuals who

18  reside in other counties.

19         2.  The remaining $5 million may be used for

20  recreational boating activities and freshwater fisheries

21  management and research.

22         (2)(1)  0.65 percent of the proceeds of the tax levied

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

24  Agricultural Emergency Eradication Trust Fund.

25         (3)(2)  The remaining proceeds of the taxes tax levied

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

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

28  the State Transportation Trust Fund, and may be used only for

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

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

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

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    Florida Senate - 2002                                  SB 2090
    8-1263-02




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

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

  3  county shall be expended unless the projects funded with such

  4  revenues have been included in the work program adopted

  5  pursuant to s. 339.135.

  6         Section 3.  This act shall take effect July 1, 2007.

  7

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  9                          SENATE SUMMARY

10    Revises the distribution of certain tax proceeds that
      have been deposited in the Fuel Tax Collection Trust
11    Fund. Increases the amount to be distributed to the State
      Game Trust Fund. Revises the criteria for use of such
12    proceeds.

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