| 1 | A bill to be entitled |
| 2 | An act relating to water resources management; amending |
| 3 | s. 212.20, F.S.; deleting a provision directing a portion |
| 4 | of sales tax revenues to the Ecosystem Management and |
| 5 | Restoration Trust Fund for water quality improvement and |
| 6 | water restoration purposes; providing for deposit of such |
| 7 | revenues into the General Revenue Fund; amending s. |
| 8 | 403.885, F.S.; eliminating the Ecosystem Management and |
| 9 | Restoration Trust Fund as the funding source for the |
| 10 | Water Quality Improvement and Water Restoration Grant |
| 11 | Program; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (d) of subsection (6) of section |
| 16 | 212.20, Florida Statutes, as amended by chapter 2003-402, Laws |
| 17 | of Florida, is amended to read: |
| 18 | 212.20 Funds collected, disposition; additional powers of |
| 19 | department; operational expense; refund of taxes adjudicated |
| 20 | unconstitutionally collected.-- |
| 21 | (6) Distribution of all proceeds under this chapter and s. |
| 22 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 23 | (d) The proceeds of all other taxes and fees imposed |
| 24 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 25 | and (2)(b) shall be distributed as follows: |
| 26 | 1. In any fiscal year, 5.2 the greater of $500 million, |
| 27 | minus an amount equal to 4.6 percent of the proceeds of the |
| 28 | taxes collected pursuant to chapter 201, or 5 percent of all |
| 29 | other taxes and fees imposed pursuant to this chapter or |
| 30 | remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be |
| 31 | deposited in monthly installments into the General Revenue Fund. |
| 32 | 2. Two-tenths of one percent shall be transferred to the |
| 33 | Ecosystem Management and Restoration Trust Fund to be used for |
| 34 | water quality improvement and water restoration projects. |
| 35 | 2.3. After the distribution under subparagraph |
| 36 | subparagraphs 1. and 2., 8.814 percent of the amount remitted by |
| 37 | a sales tax dealer located within a participating county |
| 38 | pursuant to s. 218.61 shall be transferred into the Local |
| 39 | Government Half-cent Sales Tax Clearing Trust Fund. Beginning |
| 40 | July 1, 2003, the amount to be transferred pursuant to this |
| 41 | subparagraph to the Local Government Half-cent Sales Tax |
| 42 | Clearing Trust Fund shall be reduced by 0.1 percent, and the |
| 43 | department shall distribute this amount to the Public Employees |
| 44 | Relations Commission Trust Fund less $5,000 each month, which |
| 45 | shall be added to the amount calculated in subparagraph 3. 4. |
| 46 | and distributed accordingly. |
| 47 | 3.4. After the distribution under subparagraphs 1. and, |
| 48 | 2., and 3., 0.095 percent shall be transferred to the Local |
| 49 | Government Half-cent Sales Tax Clearing Trust Fund and |
| 50 | distributed pursuant to s. 218.65. |
| 51 | 4.5. After the distributions under subparagraphs 1., 2., |
| 52 | and 3., and 4., 2.0440 percent of the available proceeds |
| 53 | pursuant to this paragraph shall be transferred monthly to the |
| 54 | Revenue Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 55 | 5.6. After the distributions under subparagraphs 1., 2., |
| 56 | and 3., and 4., 1.3409 percent of the available proceeds |
| 57 | pursuant to this paragraph shall be transferred monthly to the |
| 58 | Revenue Sharing Trust Fund for Municipalities pursuant to s. |
| 59 | 218.215. If the total revenue to be distributed pursuant to this |
| 60 | subparagraph is at least as great as the amount due from the |
| 61 | Revenue Sharing Trust Fund for Municipalities and the Municipal |
| 62 | Financial Assistance Trust Fund in state fiscal year 1999-2000, |
| 63 | no municipality shall receive less than the amount due from the |
| 64 | Revenue Sharing Trust Fund for Municipalities and the Municipal |
| 65 | Financial Assistance Trust Fund in state fiscal year 1999-2000. |
| 66 | If the total proceeds to be distributed are less than the amount |
| 67 | received in combination from the Revenue Sharing Trust Fund for |
| 68 | Municipalities and the Municipal Financial Assistance Trust Fund |
| 69 | in state fiscal year 1999-2000, each municipality shall receive |
| 70 | an amount proportionate to the amount it was due in state fiscal |
| 71 | year 1999-2000. |
| 72 | 6.7. Of the remaining proceeds: |
| 73 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 74 | divided into as many equal parts as there are counties in the |
| 75 | state, and one part shall be distributed to each county. The |
| 76 | distribution among the several counties shall begin each fiscal |
| 77 | year on or before January 5th and shall continue monthly for a |
| 78 | total of 4 months. If a local or special law required that any |
| 79 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 80 | then-existing provisions of s. 550.135 be paid directly to the |
| 81 | district school board, special district, or a municipal |
| 82 | government, such payment shall continue until such time that the |
| 83 | local or special law is amended or repealed. The state covenants |
| 84 | with holders of bonds or other instruments of indebtedness |
| 85 | issued by local governments, special districts, or district |
| 86 | school boards prior to July 1, 2000, that it is not the intent |
| 87 | of this subparagraph to adversely affect the rights of those |
| 88 | holders or relieve local governments, special districts, or |
| 89 | district school boards of the duty to meet their obligations as |
| 90 | a result of previous pledges or assignments or trusts entered |
| 91 | into which obligated funds received from the distribution to |
| 92 | county governments under then-existing s. 550.135. This |
| 93 | distribution specifically is in lieu of funds distributed under |
| 94 | s. 550.135 prior to July 1, 2000. |
| 95 | b. The department shall distribute $166,667 monthly |
| 96 | pursuant to s. 288.1162 to each applicant that has been |
| 97 | certified as a "facility for a new professional sports |
| 98 | franchise" or a "facility for a retained professional sports |
| 99 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 100 | distributed monthly by the department to each applicant that has |
| 101 | been certified as a "facility for a retained spring training |
| 102 | franchise" pursuant to s. 288.1162; however, not more than |
| 103 | $208,335 may be distributed monthly in the aggregate to all |
| 104 | certified facilities for a retained spring training franchise. |
| 105 | Distributions shall begin 60 days following such certification |
| 106 | and shall continue for not more than 30 years. Nothing contained |
| 107 | in this paragraph shall be construed to allow an applicant |
| 108 | certified pursuant to s. 288.1162 to receive more in |
| 109 | distributions than actually expended by the applicant for the |
| 110 | public purposes provided for in s. 288.1162(6). However, a |
| 111 | certified applicant is entitled to receive distributions up to |
| 112 | the maximum amount allowable and undistributed under this |
| 113 | section for additional renovations and improvements to the |
| 114 | facility for the franchise without additional certification. |
| 115 | c. Beginning 30 days after notice by the Office of |
| 116 | Tourism, Trade, and Economic Development to the Department of |
| 117 | Revenue that an applicant has been certified as the professional |
| 118 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 119 | public, $166,667 shall be distributed monthly, for up to 300 |
| 120 | months, to the applicant. |
| 121 | d. Beginning 30 days after notice by the Office of |
| 122 | Tourism, Trade, and Economic Development to the Department of |
| 123 | Revenue that the applicant has been certified as the |
| 124 | International Game Fish Association World Center facility |
| 125 | pursuant to s. 288.1169, and the facility is open to the public, |
| 126 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 127 | the applicant. This distribution is subject to reduction |
| 128 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 129 | made, after certification and before July 1, 2000. |
| 130 | 7.8. All other proceeds shall remain with the General |
| 131 | Revenue Fund. |
| 132 | Section 2. Subsections (1), (3), and (4) of section |
| 133 | 403.885, Florida Statutes, are amended to read: |
| 134 | 403.885 Water Quality Improvement and Water Restoration |
| 135 | Grant Program.-- |
| 136 | (1) The Department of Environmental Protection shall |
| 137 | develop and administer a competitive grant program to use funds |
| 138 | transferred pursuant to s. 212.20 to the Ecosystem Management |
| 139 | and Restoration Trust Fund for water quality improvement and |
| 140 | water restoration project grants. Eligible recipients of such |
| 141 | grants include counties, municipalities, water management |
| 142 | districts, and special districts that have legal |
| 143 | responsibilities for water quality improvement, water |
| 144 | management, storm water management, sewer system operations, and |
| 145 | lake and river restoration projects. |
| 146 | (3) The department shall evaluate the annual grant |
| 147 | proposals and present the annual list of projects recommended to |
| 148 | be funded to the Governor and the Legislature as part of its |
| 149 | annual budget request submitted pursuant to chapter 216 |
| 150 | beginning with fiscal year 2003-2004. |
| 151 | (4) Each fiscal year, at least 20 percent of the funds |
| 152 | appropriated for the program available pursuant to subsection |
| 153 | (1) shall be used for projects to assist financially |
| 154 | disadvantaged small local governments. For purposes of this |
| 155 | section, the term "financially disadvantaged small local |
| 156 | government" means a municipality having a population of 7,500 or |
| 157 | less, a county having a population of 35,000 or less, according |
| 158 | to the latest decennial census and a per capita annual income |
| 159 | less than the state per capita annual income as determined by |
| 160 | the United States Department of Commerce, or a county in an area |
| 161 | designated by the Governor as a rural area of critical economic |
| 162 | concern pursuant to s. 288.0656. Grants made to these eligible |
| 163 | local governments shall not require matching local funds. |
| 164 | Section 3. This act shall take effect July 1, 2004. |