SENATE AMENDMENT
    Bill No. CS for SB 54-A
    Amendment No. ___   Barcode 913754
                            CHAMBER ACTION
              Senate                               House
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       05/21/2003 06:56 PM         .                    
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 42, between lines 28 and 29,
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16  insert:  
17         Section 19.  Paragraph (c) of subsection (6) of section
18  373.4592, Florida Statutes, as amended by section 1 of chapter
19  2003-12, Laws of Florida, is amended to read:
20         373.4592  Everglades improvement and management.--
21         (6)  EVERGLADES AGRICULTURAL PRIVILEGE TAX.--
22         (c)  The initial Everglades agricultural privilege tax
23  roll shall be certified for the tax notices mailed in November
24  1994. Incentive credits to the Everglades agricultural
25  privilege taxes to be included on the initial Everglades
26  agricultural privilege tax roll, if any, shall be based upon
27  the total phosphorus load reduction for the year ending April
28  30, 1993. The Everglades agricultural privilege taxes for each
29  year shall be computed in the following manner:
30         1.  Annual Everglades agricultural privilege taxes
31  shall be charged for the privilege of conducting an
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    8:11 AM   05/21/03                             s0054Ac1c-34c3t

SENATE AMENDMENT Bill No. CS for SB 54-A Amendment No. ___ Barcode 913754 1 agricultural trade or business on each acre of real property 2 or portion thereof. The annual Everglades agricultural 3 privilege tax shall be $24.89 per acre for the tax notices 4 mailed in November 1994 through November 1997; $27 per acre 5 for the tax notices mailed in November 1998 through November 6 2001; $31 per acre for the tax notices mailed in November 2002 7 through November 2005; and $35 per acre for the tax notices 8 mailed in November 2006 through November 2013. 9 2. It is the intent of the Legislature to encourage 10 the performance of best management practices to maximize the 11 reduction of phosphorus loads at points of discharge from the 12 EAA by providing an incentive credit against the Everglades 13 agricultural privilege taxes set forth in subparagraph 1. The 14 total phosphorus load reduction shall be measured for the 15 entire EAA by comparing the actual measured total phosphorus 16 load attributable to the EAA for each annual period ending on 17 April 30 to the total estimated phosphorus load that would 18 have occurred during the 1979-1988 base period using the model 19 for total phosphorus load determinations provided in chapter 20 40E-63, Florida Administrative Code, utilizing the technical 21 information and procedures contained in Section IV-EAA Period 22 of Record Flow and Phosphorus Load Calculations; Section 23 V-Monitoring Requirements; and Section VI-Phosphorus Load 24 Allocations and Compliance Calculations of the Draft Technical 25 Document in Support of chapter 40E-63, Florida Administrative 26 Code - Works of the District within the Everglades, March 3, 27 1992, and the Standard Operating Procedures for Water Quality 28 Collection in Support of the Everglades Water Condition 29 Report, dated February 18, 1994. The model estimates the total 30 phosphorus load that would have occurred during the 1979-1988 31 base period by substituting the rainfall conditions for such 2 8:11 AM 05/21/03 s0054Ac1c-34c3t
SENATE AMENDMENT Bill No. CS for SB 54-A Amendment No. ___ Barcode 913754 1 annual period ending April 30 for the conditions that were 2 used to calibrate the model for the 1979-1988 base period. The 3 data utilized to calculate the actual loads attributable to 4 the EAA shall be adjusted to eliminate the effect of any load 5 and flow that were not included in the 1979-1988 base period 6 as defined in chapter 40E-63, Florida Administrative Code. The 7 incorporation of the method of measuring the total phosphorus 8 load reduction provided in this subparagraph is intended to 9 provide a legislatively approved aid to the governing board of 10 the district in making an annual ministerial determination of 11 any incentive credit. 12 3. Phosphorus load reductions calculated in the manner 13 described in subparagraph 2. and rounded to the nearest whole 14 percentage point for each annual period beginning on May 1 and 15 ending on April 30 shall be used to compute incentive credits 16 to the Everglades agricultural privilege taxes to be included 17 on the annual tax notices mailed in November of the next 18 ensuing calendar year. Incentive credits, if any, will reduce 19 the Everglades agricultural privilege taxes set forth in 20 subparagraph 1. only to the extent that the phosphorus load 21 reduction exceeds 25 percent. Subject to subparagraph 4., the 22 reduction of phosphorus load by each percentage point in 23 excess of 25 percent, computed for the 12-month period ended 24 on April 30 of the calendar year immediately preceding 25 certification of the Everglades agricultural privilege tax, 26 shall result in the following incentive credits: $0.33 per 27 acre for the tax notices mailed in November 1994 through 28 November 1997; $0.54 per acre for the tax notices mailed in 29 November 1998 through November 2001; $0.61 per acre for the 30 tax notices mailed in November 2002 through November 2005, and 31 $0.65 per acre for the tax notices mailed in November 2006 3 8:11 AM 05/21/03 s0054Ac1c-34c3t
SENATE AMENDMENT Bill No. CS for SB 54-A Amendment No. ___ Barcode 913754 1 through November 2013. The determination of incentive credits, 2 if any, shall be documented by resolution of the governing 3 board of the district adopted prior to or at the time of the 4 adoption of its resolution certifying the annual Everglades 5 agricultural privilege tax roll to the appropriate tax 6 collector. 7 4. Notwithstanding subparagraph 3., incentive credits 8 for the performance of best management practices shall not 9 reduce the minimum annual Everglades agricultural privilege 10 tax to less than $24.89 per acre, which annual Everglades 11 agricultural privilege tax as adjusted in the manner required 12 by paragraph (e) shall be known as the "minimum tax." To the 13 extent that the application of incentive credits for the 14 performance of best management practices would reduce the 15 annual Everglades agricultural privilege tax to an amount less 16 than the minimum tax, then the unused or excess incentive 17 credits for the performance of best management practices shall 18 be carried forward, on a phosphorus load percentage basis, to 19 be applied as incentive credits in subsequent years. Any 20 unused or excess incentive credits remaining after 21 certification of the Everglades agricultural privilege tax 22 roll for the tax notices mailed in November 2013 shall be 23 canceled. 24 5. Notwithstanding the schedule of Everglades 25 agricultural privilege taxes set forth in subparagraph 1., the 26 owner, lessee, or other appropriate interestholder of any 27 property shall be entitled to have the Everglades agricultural 28 privilege tax for any parcel of property reduced to the 29 minimum tax, commencing with the tax notices mailed in 30 November 1996 for parcels of property participating in the 31 early baseline option as defined in chapter 40E-63, Florida 4 8:11 AM 05/21/03 s0054Ac1c-34c3t
SENATE AMENDMENT Bill No. CS for SB 54-A Amendment No. ___ Barcode 913754 1 Administrative Code, and with the tax notices mailed in 2 November 1997 for parcels of property not participating in the 3 early baseline option, upon compliance with the requirements 4 set forth in this subparagraph. The owner, lessee, or other 5 appropriate interestholder shall file an application with the 6 executive director of the district prior to July 1 for 7 consideration of reduction to the minimum tax on the 8 Everglades agricultural privilege tax roll to be certified for 9 the tax notice mailed in November of the same calendar year 10 and shall have the burden of proving the reduction in 11 phosphorus load attributable to such parcel of property. The 12 phosphorus load reduction for each discharge structure serving 13 the parcel shall be measured as provided in chapter 40E-63, 14 Florida Administrative Code, and the permit issued for such 15 property pursuant to chapter 40E-63, Florida Administrative 16 Code. A parcel of property which has achieved the following 17 annual phosphorus load reduction standards shall have the 18 minimum tax included on the annual tax notice mailed in 19 November of the next ensuing calendar year: 30 percent or more 20 for the tax notices mailed in November 1994 through November 21 1997; 35 percent or more for the tax notices mailed in 22 November 1998 through November 2001; 40 percent or more for 23 the tax notices mailed in November 2002 through November 2005; 24 and 45 percent or more for the tax notices mailed in November 25 2006 through November 2013. In addition, any parcel of 26 property that achieves an annual flow weighted mean 27 concentration of 50 parts per billion (ppb) of phosphorus at 28 each discharge structure serving the property for any year 29 ending April 30 shall have the minimum tax included on the 30 annual tax notice mailed in November of the next ensuing 31 calendar year. Any annual phosphorus reductions that exceed 5 8:11 AM 05/21/03 s0054Ac1c-34c3t
SENATE AMENDMENT Bill No. CS for SB 54-A Amendment No. ___ Barcode 913754 1 the amount necessary to have the minimum tax included on the 2 annual tax notice for any parcel of property shall be carried 3 forward to the subsequent years' phosphorus load reduction to 4 determine if the minimum tax shall be included on the annual 5 tax notice. The governing board of the district shall deny or 6 grant the application by resolution adopted prior to or at the 7 time of the adoption of its resolution certifying the annual 8 Everglades agricultural privilege tax roll to the appropriate 9 tax collector. 10 6. The annual Everglades agricultural privilege tax 11 for the tax notices mailed in November 2003 2014 through 12 November 2026 2016 shall be $30 $25 per acre and for tax 13 notices mailed in November 2027 2017 and thereafter shall be 14 $10 per acre. 15 16 (Redesignate subsequent sections.) 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 On page 3, line 30, following the semicolon 22 23 insert: 24 amending s. 373.4592, F.S., as amended; 25 revising the Everglades agricultural privilege 26 tax rate; 27 28 29 30 31 6 8:11 AM 05/21/03 s0054Ac1c-34c3t