House Bill hb0851

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    Florida House of Representatives - 2002                 HB 851

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to solid waste management;

  3         amending s. 212.20, F.S.; providing for

  4         transfer of certain sales tax proceeds to the

  5         Ecosystem Management and Restoration Trust

  6         Fund, rather than to the Solid Waste Management

  7         Trust Fund; providing uses of such funds;

  8         amending s. 403.709, F.S.; revising uses of

  9         moneys in the Solid Waste Management Trust

10         Fund, including waste tire fee revenues;

11         deleting provisions relating to recovery of

12         funds expended for cleanup of illegal waste

13         tire sites; amending s. 403.7095, F.S.;

14         revising requirements and procedures relating

15         to the solid waste management grant program;

16         requiring the Department of Environmental

17         Protection to evaluate and prioritize grant

18         proposals and submit a prioritized list to the

19         Governor and Legislature as part of its annual

20         budget request; authorizing the department to

21         adopt rules to administer the grant program;

22         amending s. 403.717, F.S.; deleting references

23         and cross references relating to the waste tire

24         grants program; amending s. 403.718, F.S.;

25         eliminating the waste tire account within the

26         Solid Waste Management Trust Fund; creating the

27         water quality improvement and water restoration

28         grant program to be administered by the

29         Department of Environmental Protection;

30         specifying eligible grant recipients and

31         criteria for evaluation of grant proposals;

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  1         requiring the department to evaluate and

  2         prioritize grant proposals and submit a

  3         prioritized list to the Governor and

  4         Legislature as part of its annual budget

  5         request; authorizing the department to adopt

  6         rules to administer the grant program;

  7         repealing s. 403.719, F.S.; eliminating the

  8         grant program for the collection, removal,

  9         processing, and recycling of waste tires;

10         providing an effective date.

11

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

13

14         Section 1.  Paragraph (d) of subsection (6) of section

15  212.20, Florida Statutes, is amended to read:

16         212.20  Funds collected, disposition; additional powers

17  of department; operational expense; refund of taxes

18  adjudicated unconstitutionally collected.--

19         (6)  Distribution of all proceeds under this chapter

20  and s. 202.18(1)(b) and (2)(b) shall be as follows:

21         (d)  The proceeds of all other taxes and fees imposed

22  pursuant to this chapter or remitted pursuant to s.

23  202.18(1)(b) and (2)(b) shall be distributed as follows:

24         1.  In any fiscal year, the greater of $500 million,

25  minus an amount equal to 4.6 percent of the proceeds of the

26  taxes collected pursuant to chapter 201, or 5 percent of all

27  other taxes and fees imposed pursuant to this chapter or

28  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

29  deposited in monthly installments into the General Revenue

30  Fund.

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  1         2.  Two-tenths of one percent shall be transferred to

  2  the Ecosystem Management and Restoration Trust Fund to be used

  3  for water quality improvement and water restoration projects

  4  Solid Waste Management Trust Fund.

  5         3.  After the distribution under subparagraphs 1. and

  6  2., 9.653 percent of the amount remitted by a sales tax dealer

  7  located within a participating county pursuant to s. 218.61

  8  shall be transferred into the Local Government Half-cent Sales

  9  Tax Clearing Trust Fund.

10         4.  After the distribution under subparagraphs 1., 2.,

11  and 3., 0.065 percent shall be transferred to the Local

12  Government Half-cent Sales Tax Clearing Trust Fund and

13  distributed pursuant to s. 218.65.

14         5.  For proceeds received after July 1, 2000, and after

15  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

16  percent of the available proceeds pursuant to this paragraph

17  shall be transferred monthly to the Revenue Sharing Trust Fund

18  for Counties pursuant to s. 218.215.

19         6.  For proceeds received after July 1, 2000, and after

20  the distributions under subparagraphs 1., 2., 3., and 4.,

21  1.0715 percent of the available proceeds pursuant to this

22  paragraph shall be transferred monthly to the Revenue Sharing

23  Trust Fund for Municipalities pursuant to s. 218.215. If the

24  total revenue to be distributed pursuant to this subparagraph

25  is at least as great as the amount due from the Revenue

26  Sharing Trust Fund for Municipalities and the Municipal

27  Financial Assistance Trust Fund in state fiscal year

28  1999-2000, no municipality shall receive less than the amount

29  due from the Revenue Sharing Trust Fund for Municipalities and

30  the Municipal Financial Assistance Trust Fund in state fiscal

31  year 1999-2000. If the total proceeds to be distributed are

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  1  less than the amount received in combination from the Revenue

  2  Sharing Trust Fund for Municipalities and the Municipal

  3  Financial Assistance Trust Fund in state fiscal year

  4  1999-2000, each municipality shall receive an amount

  5  proportionate to the amount it was due in state fiscal year

  6  1999-2000.

  7         7.  Of the remaining proceeds:

  8         a.  Beginning July 1, 2000, and in each fiscal year

  9  thereafter, the sum of $29,915,500 shall be divided into as

10  many equal parts as there are counties in the state, and one

11  part shall be distributed to each county.  The distribution

12  among the several counties shall begin each fiscal year on or

13  before January 5th and shall continue monthly for a total of 4

14  months.  If a local or special law required that any moneys

15  accruing to a county in fiscal year 1999-2000 under the

16  then-existing provisions of s. 550.135 be paid directly to the

17  district school board, special district, or a municipal

18  government, such payment shall continue until such time that

19  the local or special law is amended or repealed.  The state

20  covenants with holders of bonds or other instruments of

21  indebtedness issued by local governments, special districts,

22  or district school boards prior to July 1, 2000, that it is

23  not the intent of this subparagraph to adversely affect the

24  rights of those holders or relieve local governments, special

25  districts, or district school boards of the duty to meet their

26  obligations as a result of previous pledges or assignments or

27  trusts entered into which obligated funds received from the

28  distribution to county governments under then-existing s.

29  550.135.  This distribution specifically is in lieu of funds

30  distributed under s. 550.135 prior to July 1, 2000.

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  1         b.  The department shall distribute $166,667 monthly

  2  pursuant to s. 288.1162 to each applicant that has been

  3  certified as a "facility for a new professional sports

  4  franchise" or a "facility for a retained professional sports

  5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  6  distributed monthly by the department to each applicant that

  7  has been certified as a "facility for a retained spring

  8  training franchise" pursuant to s. 288.1162; however, not more

  9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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  1  pursuant to s. 288.1169, and the facility is open to the

  2  public, $83,333 shall be distributed monthly, for up to 168

  3  months, to the applicant. This distribution is subject to

  4  reduction pursuant to s. 288.1169.  A lump sum payment of

  5  $999,996 shall be made, after certification and before July 1,

  6  2000.

  7         8.  All other proceeds shall remain with the General

  8  Revenue Fund.

  9         Section 2.  Section 403.709, Florida Statutes, is

10  amended to read:

11         (Substantial rewording of section. See

12         s. 403.709, F.S., for present text.)

13         403.709  Solid Waste Management Trust Fund; use of

14  waste tire fees.--There is created the Solid Waste Management

15  Trust Fund, to be administered by the department for the

16  purposes of:

17         (1)  Funding solid waste activities of the department

18  and other state agencies, such as providing technical

19  assistance to local governments and the private sector,

20  performing solid waste regulatory and enforcement functions,

21  preparing solid waste documents, and implementing solid waste

22  education programs.

23         (2)  Providing funding for research and training

24  programs relating to solid waste management through the Center

25  for Solid and Hazardous Waste Management and other

26  organizations that can reasonably demonstrate the capability

27  to carry out such projects.

28         (3)  Providing funding to supplement any other funds

29  provided to the Department of Agriculture and Consumer

30  Services for mosquito control. At least $4 million of the

31  revenues deposited in the fund annually from waste tire fees

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  1  shall be transferred to the Operations Trust Fund in the

  2  Department of Agriculture and Consumer Services to be used for

  3  mosquito control, especially control of West Nile Virus.

  4         (4)  Providing funding for litter prevention and

  5  control programs coordinated by Keep Florida Beautiful, Inc.

  6         (5)  Providing funding for a competitive and innovative

  7  grant program for activities relating to recycling and

  8  reducing the volume of municipal solid waste, including waste

  9  tires requiring final disposal.

10         Section 3.  Section 403.7095, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 403.7095, F.S., for present text.)

14         403.7095  Solid waste management grant program.--

15         (1)  The department shall develop a competitive and

16  innovative grant program for counties, municipalities, special

17  districts, and nonprofit organizations with legal

18  responsibility for the provision of solid waste management

19  services that:

20         (a)  Demonstrate technologies or processes that are not

21  in common use in Florida, that represent a novel application

22  of an existing technology or process, or that overcome

23  obstacles to recycling and waste reduction in new or

24  innovative ways;

25         (b)  Demonstrate innovative processes to collect and

26  recycle or reduce materials targeted by the department and the

27  recycling industry; or

28         (c)  Demonstrate effective solutions to solving solid

29  waste problems resulting from waste tires, particularly in the

30  areas of enforcement and abatement of illegal tire dumping.

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  1  Because the Legislature recognizes that input from the

  2  recycling industry is essential to the success of this grant

  3  program, the department shall cooperate with private-sector

  4  entities to develop a process and define specific criteria for

  5  allowing their participation with grant recipients.

  6         (2)  The department shall evaluate and prioritize the

  7  annual grant proposals and present the annual prioritized list

  8  of projects to be funded to the Governor and the Legislature

  9  as part of its annual budget request submitted pursuant to

10  chapter 216. Potential grant recipients are encouraged to

11  demonstrate local support for grant proposals by the

12  commitment of cash or in-kind matching funds.

13         (3)  The department may adopt rules necessary to

14  administer this section, including, but not limited to, rules

15  governing timeframes for submitting grant applications,

16  criteria for prioritizing grant proposals, matching criteria,

17  maximum grant amounts, and allocation of appropriated funds

18  based upon project and applicant size.

19         Section 4.  Subsections (1) and (4) of section 403.717,

20  Florida Statutes, are amended to read:

21         403.717  Waste tire and lead-acid battery

22  requirements.--

23         (1)  For purposes of this section and ss. 403.718 and,

24  403.7185, and 403.719:

25         (a)  "Department" means the Department of Environmental

26  Protection.

27         (b)  "Motor vehicle" means an automobile, motorcycle,

28  truck, trailer, semitrailer, truck tractor and semitrailer

29  combination, or any other vehicle operated in this state, used

30  to transport persons or property and propelled by power other

31  than muscular power, but the term does not include traction

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  1  engines, road rollers, such vehicles as run only upon a track,

  2  bicycles, mopeds, or farm tractors and trailers.

  3         (c)  "Tire" means a continuous solid or pneumatic

  4  rubber covering encircling the wheel of a motor vehicle.

  5         (d)  "Waste tire" means a tire that has been removed

  6  from a motor vehicle and has not been retreaded or regrooved.

  7  "Waste tire" includes, but is not limited to, used tires and

  8  processed tires.

  9         (e)  "Waste tire collection center" means a site where

10  waste tires are collected from the public prior to being

11  offered for recycling and where fewer than 1,500 tires are

12  kept on the site on any given day.

13         (f)  "Waste tire processing facility" means a site

14  where equipment is used to recapture reusable byproducts from

15  waste tires or to cut, burn, or otherwise alter waste tires so

16  that they are no longer whole. The term includes mobile waste

17  tire processing equipment.

18         (g)  "Waste tire site" means a site at which 1,500 or

19  more waste tires are accumulated.

20         (h)  "Lead-acid battery" means those lead-acid

21  batteries designed for use in motor vehicles, vessels, and

22  aircraft, and includes such batteries when sold new as a

23  component part of a motor vehicle, vessel, or aircraft, but

24  not when sold to recycle components.

25         (i)  "Indoor" means within a structure which excludes

26  rain and public access and would control air flows in the

27  event of a fire.

28         (j)  "Processed tire" means a tire that has been

29  treated mechanically, chemically, or thermally so that the

30  resulting material is a marketable product or is suitable for

31  proper disposal.

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  1         (k)  "Used tire" means a waste tire which has a minimum

  2  tread depth of  3/32  inch or greater and is suitable for use

  3  on a motor vehicle.

  4         (4)  The department shall adopt rules to carry out the

  5  provisions of this section and s. ss. 403.718 and 403.719.

  6  Such rules shall:

  7         (a)  Provide for the administration or revocation of

  8  waste tire processing facility permits, including mobile

  9  processor permits;

10         (b)  Provide for the administration or revocation of

11  waste tire collector registrations, the fees for which may not

12  exceed $50 per vehicle registered annually;

13         (c)  Provide for the administration or revocation of

14  waste tire collection center permits, the fee for which may

15  not exceed $250 annually.

16         (d)  Set standards, including financial assurance

17  standards, for waste tire processing facilities and associated

18  waste tire sites, waste tire collection centers, waste tire

19  collectors, and for the storage of waste tires and processed

20  tires, including storage indoors;

21         (e)  The department may by rule exempt not-for-hire

22  waste tire collectors and processing facilities from financial

23  assurance requirements.

24         (f)  Establish procedures for administering the waste

25  tire grants program and issuing grants;

26         (f)(g)  Authorize the final disposal of waste tires at

27  a permitted solid waste disposal facility provided the tires

28  have been cut into sufficiently small parts to assure their

29  proper disposal; and

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  1         (g)(h)  Allow waste tire material which has been cut

  2  into sufficiently small parts to be used as daily cover

  3  material for a landfill.

  4         Section 5.  Subsections (2) and (3) of section 403.718,

  5  Florida Statutes, are amended to read:

  6         403.718  Waste tire fees.--

  7         (2)  The fee imposed by this section shall be reported

  8  to the Department of Revenue.  The payment shall be

  9  accompanied by such form as the Department of Revenue may

10  prescribe.  The proceeds of the waste tire fee, less

11  administrative costs, shall be transferred by the Department

12  of Revenue into the waste tire account within the Solid Waste

13  Management Trust Fund.  For the purposes of this section,

14  "proceeds" of the fee means shall mean all funds collected and

15  received by the department hereunder, including interest and

16  penalties on delinquent fees.  The amount deducted for the

17  costs of administration must shall not exceed 3 percent of the

18  total revenues collected hereunder and may include shall be

19  only those costs reasonably attributable to the fee.

20         (3)(a)  The Department of Revenue shall administer,

21  collect, and enforce the fee authorized under this section

22  pursuant to the same procedures used in the administration,

23  collection, and enforcement of the general state sales tax

24  imposed under chapter 212, except as provided in this section.

25  The provisions of this section regarding the authority to

26  audit and make assessments, keeping of books and records, and

27  interest and penalties on delinquent fees shall apply.  The

28  fee shall not be included in the computation of estimated

29  taxes pursuant to s. 212.11 nor shall the dealer's credit for

30  collecting taxes or fees in s. 212.12 apply to this fee.

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  1         (b)  The Department of Revenue is authorized to employ

  2  persons and incur other expenses for which funds are

  3  appropriated by the Legislature.  The department is empowered

  4  to adopt such rules and shall prescribe and publish such forms

  5  as are may be necessary to effectuate the purposes of this

  6  section. The department is authorized to establish audit

  7  procedures and to assess delinquent fees.

  8         Section 6.  Water quality improvement and water

  9  restoration grant program.--

10         (1)  The Department of Environmental Protection shall

11  develop and administer a competitive grant program to use

12  funds transferred pursuant to s. 212.20, Florida Statutes, to

13  the Ecosystem Management and Restoration Trust Fund for water

14  quality improvement and water restoration projects. Eligible

15  recipients of grants under the program include counties,

16  municipalities, water management districts, and special

17  districts with legal responsibilities for water quality

18  improvement, water management, storm water management, sewer

19  system operations, and lake and river restoration projects.

20         (2)  The competitive grant program shall provide for

21  the evaluation of annual grant proposals, considering the

22  degree to which the proposed projects would protect public

23  health and the environment. Other considerations in the

24  evaluation of proposed projects shall include the degree that

25  the project would help implement plans developed pursuant to

26  the Surface Water Improvement and Management Act, other water

27  restoration plans required by law, management plans prepared

28  pursuant to s. 403.067, Florida Statutes, or other plans

29  adopted by local government for water quality improvement and

30  water restoration.

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  1         (3)  The department shall evaluate and prioritize the

  2  annual grant proposals and present the annual prioritized list

  3  of projects recommended to be funded to the Governor and the

  4  Legislature as part of its annual budget request submitted

  5  pursuant to chapter 216, Florida Statutes.

  6         (4)  The department may adopt rules necessary to

  7  administer this section, including, but not limited to, rules

  8  governing timeframes for submitting grant applications,

  9  evaluation criteria for prioritizing grant proposals, forms,

10  matching criteria, maximum grant amounts, and allocation of

11  appropriated funds based upon project and applicant size.

12         Section 7.  Section 403.719, Florida Statutes, is

13  repealed.

14         Section 8.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          HOUSE SUMMARY

19
      Provides for transfer of certain sales tax proceeds to
20    the Ecosystem Management and Restoration Trust Fund, to
      be used for water quality improvement and water
21    restoration projects, rather than to the Solid Waste
      Management Trust Fund. Requires the Department of
22    Environmental Protection to develop and administer a
      competitive grant program for water quality improvement
23    and water restoration projects using such revenues.
      Revises uses of moneys in the Solid Waste Management
24    Trust Fund, and specifies use of waste tire fee revenues
      therein to supplement Department of Agriculture and
25    Consumer Services mosquito control funding. Revises
      requirements and procedures relating to the funding of
26    grant proposals under the solid waste management grant
      program. Eliminates the grant program for the collection,
27    removal, processing, and recycling of waste tires.

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