1 | The Committee on Natural Resources recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to phosphate mining restoration, |
7 | reclamation, and cleanup; amending s. 211.3103, F.S.; |
8 | providing for an additional alternative distribution of |
9 | certain phosphate severance tax revenues to the |
10 | Nonmandatory Land Reclamation Trust Fund for certain |
11 | purposes for certain fiscal years; providing an effective |
12 | date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Subsections (3) and (4) of section 211.3103, |
17 | Florida Statutes, as amended by chapter 2003-423, Laws of |
18 | Florida, are amended to read: |
19 | 211.3103 Levy of tax on severance of phosphate rock; rate, |
20 | basis, and distribution of tax.-- |
21 | (3) Beginning July 1, 2005 2004, the proceeds of all |
22 | taxes, interest, and penalties imposed under this section shall |
23 | be paid into the State Treasury as follows: |
24 | (a) The first $10 million in revenue collected from the |
25 | tax during each fiscal year from fiscal year 2005-2006 through |
26 | and including fiscal year 2011-2012 shall be paid to the credit |
27 | of the Nonmandatory Land Reclamation Trust Fund to be used to |
28 | close the phosphogypsum stacks at Mulberry and Piney Point and |
29 | to reclaim lands disturbed by the severance of phosphate rock |
30 | prior to July 1, 1975, and thereafter shall be paid to the |
31 | credit of the Conservation and Recreation Lands Trust Fund. |
32 | (b) The remaining revenues collected from the tax during |
33 | that 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, |
36 | 40.1 percent. The first $10 million of the amount credited to |
37 | the General Revenue Fund from fiscal year 2005-2006 through and |
38 | including fiscal year 2011-2012 shall be transferred to the |
39 | Nonmandatory Land Reclamation Trust Fund to fund the closure of |
40 | the phosphogypsum stacks at Mulberry and Piney Point and the |
41 | reclamation of lands disturbed by the severance of phosphate |
42 | rock prior to July 1, 1975. |
43 | 2. For payment to counties in proportion to the number of |
44 | tons of phosphate rock produced from a phosphate rock matrix |
45 | located within such political boundary, 16.5 percent. The |
46 | department shall distribute this portion of the proceeds |
47 | annually based on production information reported by the |
48 | producers on the annual returns for the taxable year. Any such |
49 | proceeds received by a county shall be used only for phosphate- |
50 | related expenses. |
51 | 3. For payment to counties that have been designated a |
52 | rural area of critical economic concern pursuant to s. 288.0656 |
53 | in proportion to the number of tons of phosphate rock produced |
54 | from a phosphate rock matrix located within such political |
55 | boundary, 13 percent. The department shall distribute this |
56 | portion of the proceeds annually based on production information |
57 | reported by the producers on the annual returns for the taxable |
58 | year. Payments under this subparagraph shall be made to the |
59 | counties unless the Legislature by special act creates a local |
60 | authority to promote and direct the economic development of the |
61 | county. If such authority exists, payments shall be made to that |
62 | authority. |
63 | 4. To the credit of the Phosphate Research Trust Fund in |
64 | the Division of Universities of the Department of Education, 9.3 |
65 | percent. |
66 | 5. To the credit of the Minerals Trust Fund, 10.7 percent. |
67 | 6. To the credit of the Nonmandatory Land Reclamation |
68 | Trust Fund, 10.4 percent. |
69 | (4) Beginning July 1, 2003, and annually thereafter, The |
70 | Department of Environmental Protection may use up to $2 million |
71 | of the funds in the Nonmandatory Land Reclamation Trust Fund |
72 | each year to purchase a surety bond or a policy of insurance, |
73 | the proceeds of which would pay the cost of restoration, |
74 | reclamation, and cleanup of any phosphogypsum stack system and |
75 | phosphate mining activities in the event that an operator or |
76 | permittee thereof has been subject to a final order of |
77 | bankruptcy and all funds available therefrom are determined to |
78 | be inadequate to accomplish such restoration, reclamation, and |
79 | cleanup. This section does not imply that such operator or |
80 | permittee is thereby relieved of its obligations or relieved of |
81 | any liabilities pursuant to any other remedies at law, |
82 | administrative remedies, statutory remedies, or remedies |
83 | pursuant to bankruptcy law. The department shall adopt rules to |
84 | implement this subsection, including the purchase and oversight |
85 | of the bond or policy. |
86 | Section 2. This act shall take effect July 1, 2005. |