HB 1321CS

CHAMBER ACTION




1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to phosphate mining restoration,
7reclamation, and cleanup; amending s. 211.3103, F.S.;
8providing for an additional alternative distribution of
9certain phosphate severance tax revenues to the
10Nonmandatory Land Reclamation Trust Fund for certain
11purposes for certain fiscal years; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (3) and (4) of section 211.3103,
17Florida Statutes, as amended by chapter 2003-423, Laws of
18Florida, are amended to read:
19     211.3103  Levy of tax on severance of phosphate rock; rate,
20basis, and distribution of tax.--
21     (3)  Beginning July 1, 2005 2004, the proceeds of all
22taxes, interest, and penalties imposed under this section shall
23be paid into the State Treasury as follows:
24     (a)  The first $10 million in revenue collected from the
25tax during each fiscal year from fiscal year 2005-2006 through
26and including fiscal year 2011-2012 shall be paid to the credit
27of the Nonmandatory Land Reclamation Trust Fund to be used to
28close the phosphogypsum stacks at Mulberry and Piney Point and
29to reclaim lands disturbed by the severance of phosphate rock
30prior to July 1, 1975, and thereafter shall be paid to the
31credit of the Conservation and Recreation Lands Trust Fund.
32     (b)  The remaining revenues collected from the tax during
33that fiscal year, after the required payment under paragraph
34(a), shall be paid into the State Treasury as follows:
35     1.  To the credit of the General Revenue Fund of the state,
3640.1 percent. The first $10 million of the amount credited to
37the General Revenue Fund from fiscal year 2005-2006 through and
38including fiscal year 2011-2012 shall be transferred to the
39Nonmandatory Land Reclamation Trust Fund to fund the closure of
40the phosphogypsum stacks at Mulberry and Piney Point and the
41reclamation of lands disturbed by the severance of phosphate
42rock prior to July 1, 1975.
43     2.  For payment to counties in proportion to the number of
44tons of phosphate rock produced from a phosphate rock matrix
45located within such political boundary, 16.5 percent. The
46department shall distribute this portion of the proceeds
47annually based on production information reported by the
48producers on the annual returns for the taxable year. Any such
49proceeds received by a county shall be used only for phosphate-
50related expenses.
51     3.  For payment to counties that have been designated a
52rural area of critical economic concern pursuant to s. 288.0656
53in proportion to the number of tons of phosphate rock produced
54from a phosphate rock matrix located within such political
55boundary, 13 percent. The department shall distribute this
56portion of the proceeds annually based on production information
57reported by the producers on the annual returns for the taxable
58year. Payments under this subparagraph shall be made to the
59counties unless the Legislature by special act creates a local
60authority to promote and direct the economic development of the
61county. If such authority exists, payments shall be made to that
62authority.
63     4.  To the credit of the Phosphate Research Trust Fund in
64the Division of Universities of the Department of Education, 9.3
65percent.
66     5.  To the credit of the Minerals Trust Fund, 10.7 percent.
67     6.  To the credit of the Nonmandatory Land Reclamation
68Trust Fund, 10.4 percent.
69     (4)  Beginning July 1, 2003, and annually thereafter, The
70Department of Environmental Protection may use up to $2 million
71of the funds in the Nonmandatory Land Reclamation Trust Fund
72each year to purchase a surety bond or a policy of insurance,
73the proceeds of which would pay the cost of restoration,
74reclamation, and cleanup of any phosphogypsum stack system and
75phosphate mining activities in the event that an operator or
76permittee thereof has been subject to a final order of
77bankruptcy and all funds available therefrom are determined to
78be inadequate to accomplish such restoration, reclamation, and
79cleanup. This section does not imply that such operator or
80permittee is thereby relieved of its obligations or relieved of
81any liabilities pursuant to any other remedies at law,
82administrative remedies, statutory remedies, or remedies
83pursuant to bankruptcy law. The department shall adopt rules to
84implement this subsection, including the purchase and oversight
85of the bond or policy.
86     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.