Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1208
                        Barcode 611824
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       02/07/2006 03:46 PM         .                    
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11  The Committee on Environmental Preservation (Lawson)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (e) of subsection (1), paragraph
19  (a) of subsection (2), and subsection (11) of section 201.15,
20  Florida Statutes, are amended to read:
21         201.15  Distribution of taxes collected.--All taxes
22  collected under this chapter shall be distributed as follows
23  and shall be subject to the service charge imposed in s.
24  215.20(1), except that such service charge shall not be levied
25  against any portion of taxes pledged to debt service on bonds
26  to the extent that the amount of the service charge is
27  required to pay any amounts relating to the bonds:
28         (1)  Sixty-two and sixty-three hundredths percent of
29  the remaining taxes collected under this chapter shall be used
30  for the following purposes:
31         (e)  The remainder of the moneys distributed under this
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    10:11 AM   02/06/06                             s1208.ep06.001

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 subsection, after the required payments under paragraphs (a), 2 (b), (c), and (d), shall be paid into the State Treasury to 3 the credit of the General Revenue Fund of the state to be used 4 and expended for the purposes for which the General Revenue 5 Fund was created and exists by law or to the Ecosystem 6 Management and Restoration Trust Fund, or to the Marine 7 Resources Conservation Trust Fund, or the General Inspection 8 Trust Fund as provided in subsection (11). 9 (2) Seven and fifty-six hundredths percent of the 10 remaining taxes collected under this chapter shall be used for 11 the following purposes: 12 (a) Beginning in the month following the final payment 13 for a fiscal year under paragraph (1)(c), available moneys 14 shall be paid into the State Treasury to the credit of the 15 General Revenue Fund of the state to be used and expended for 16 the purposes for which the General Revenue Fund was created 17 and exists by law or to the Ecosystem Management and 18 Restoration Trust Fund, or to the Marine Resources 19 Conservation Trust Fund, or the General Inspection Trust Fund 20 as provided in subsection (11). Payments made under this 21 paragraph shall continue until the cumulative amount credited 22 to the General Revenue Fund for the fiscal year under this 23 paragraph equals the cumulative payments made under paragraph 24 (1)(c) for the same fiscal year. 25 (11)(a) From the moneys specified in paragraphs (1)(e) 26 (1)(d) and (2)(a) and prior to deposit of any moneys into the 27 General Revenue Fund, $30 million shall be paid into the State 28 Treasury to the credit of the Ecosystem Management and 29 Restoration Trust Fund in fiscal year 2000-2001 and each 30 fiscal year thereafter, to be used for the preservation and 31 repair of the state's beaches as provided in ss. 2 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 161.091-161.212, and $2 million shall be paid into the State 2 Treasury to the credit of the Marine Resources Conservation 3 Trust Fund to be used for marine mammal care as provided in s. 4 370.0603(3). 5 (b) After the payments required in paragraph (a), 6 $300,000 shall be paid into the State Treasury to the credit 7 of the General Inspection Trust Fund in fiscal year 2006-2007 8 and each fiscal year thereafter, to be used to fund oyster 9 management and restoration programs as provided in s. 10 370.07(3). 11 Section 2. Effective July 1, 2007, paragraph (e) of 12 subsection (1) of section 201.15, Florida Statutes, as amended 13 by section 26 of Chapter 2005-290, and subsections (2), (11), 14 and (13) of section 201.15, Florida Statutes, as amended by 15 section 1 of chapter 2005-92, Laws of Florida, are amended to 16 read: 17 201.15 Distribution of taxes collected.--All taxes 18 collected under this chapter shall be distributed as follows 19 and shall be subject to the service charge imposed in s. 20 215.20(1), except that such service charge shall not be levied 21 against any portion of taxes pledged to debt service on bonds 22 to the extent that the amount of the service charge is 23 required to pay any amounts relating to the bonds: 24 (1) Sixty-two and sixty-three hundredths percent of 25 the remaining taxes collected under this chapter shall be used 26 for the following purposes: 27 (e) The remainder of the moneys distributed under this 28 subsection, after the required payments under paragraphs (a), 29 (b), (c), and (d) shall be paid into the State Treasury to the 30 credit of the General Revenue Fund to be used and expended for 31 the purposes for which the General Revenue Fund was created 3 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 and exists by law or to the Ecosystem Management and 2 Restoration Trust Fund, or to the Marine Resources 3 Conservation Trust Fund, or the General Inspection Trust Fund 4 as provided in subsection (11). 5 (2) The lesser of seven and fifty-six hundredths 6 percent of the remaining taxes collected under this chapter or 7 $85.1 $84.9 million in each fiscal year shall be used for the 8 following purposes: 9 (a) Beginning in the month following the final payment 10 for a fiscal year under paragraph (1)(c), available moneys 11 shall be paid into the State Treasury to the credit of the 12 General Revenue Fund to be used and expended for the purposes 13 for which the General Revenue Fund was created and exists by 14 law or to the Ecosystem Management and Restoration Trust Fund, 15 or to the Marine Resources Conservation Trust Fund, or the 16 General Inspection Trust Fund as provided in subsection (11). 17 Payments made under this paragraph shall continue until the 18 cumulative amount credited to the General Revenue Fund for the 19 fiscal year under this paragraph equals the cumulative 20 payments made under paragraph (1)(c) for the same fiscal year. 21 (b) The remainder of the moneys distributed under this 22 subsection shall be paid into the State Treasury to the credit 23 of the Land Acquisition Trust Fund. Sums deposited in the fund 24 pursuant to this subsection may be used for any purpose for 25 which funds deposited in the Land Acquisition Trust Fund may 26 lawfully be used. 27 (11)(a) From the moneys specified in paragraphs (1)(e) 28 (1)(d) and (2)(a) and prior to deposit of any moneys into the 29 General Revenue Fund, $30 million shall be paid into the State 30 Treasury to the credit of the Ecosystem Management and 31 Restoration Trust Fund in fiscal year 2000-2001 and each 4 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 fiscal year thereafter, to be used for the preservation and 2 repair of the state's beaches as provided in ss. 3 161.091-161.212, and $2 million shall be paid into the State 4 Treasury to the credit of the Marine Resources Conservation 5 Trust Fund to be used for marine mammal care as provided in s. 6 370.0603(3). 7 (b) After the payments required in paragraph (a), 8 $300,000 shall be paid into the State Treasury to the credit 9 of the General Inspection Trust Fund in fiscal year 2006-2007 10 and each fiscal year thereafter, to be used to fund oyster 11 management and restoration programs as provided in s. 12 370.07(3). 13 (13) The distribution of proceeds deposited into the 14 Water Management Lands Trust Fund and the Conservation and 15 Recreation Lands Trust Fund, pursuant to subsections (4) and 16 (5), shall not be used for land acquisition, but may be used 17 for preacquisition costs associated with land purchases. The 18 Legislature intends that the Florida Forever program supplant 19 the acquisition programs formerly authorized under ss. 259.032 20 and 373.59. Prior to the 2005 Regular Session of the 21 Legislature, the Acquisition and Restoration Council shall 22 review and make recommendations to the Legislature concerning 23 the need to repeal this provision. Based on these 24 recommendations, the Legislature shall review the need to 25 repeal this provision during the 2005 Regular Session. 26 Section 3. Subsection (3) of section 370.07, Florida 27 Statutes, is amended to read: 28 370.07 Wholesale and retail saltwater products 29 dealers; regulation.-- 30 (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS 31 APALACHICOLA BAY OYSTER SURCHARGE.-- 5 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 (a) For purposes of this section, "bag" means an 2 amount of oysters with shells weighing approximately 60 3 pounds. 4 (b) Effective October 1, 1989, there shall be assessed 5 a surcharge of 50 cents on each bag of oysters to be paid by 6 the wholesale dealer first receiving, using, or selling the 7 oysters after harvesting from the waters of Apalachicola Bay. 8 (c)1. Each wholesale dealer shall certify, on such 9 forms as may be prescribed by the Department of Revenue, to 10 any subsequent purchasing wholesale dealer or other purchaser 11 that the surcharge imposed by this subsection has been paid or 12 will be paid by such wholesale dealer first receiving the 13 oysters. 14 2. In the case where the harvester is also the 15 wholesale dealer, such wholesale dealer shall maintain 16 documentation, on forms as may be prescribed by the Department 17 of Revenue, adequate to establish that the surcharge has been 18 paid or will be paid by such wholesale dealer. 19 3. In such case where the wholesale dealer is also the 20 retail dealer under paragraph (1)(b), such wholesale dealer 21 shall maintain documentation, on forms as may be prescribed by 22 the Department of Revenue, adequate to establish that the 23 surcharge has been paid or will be paid by such wholesale 24 dealer. 25 (d) Except for the collection allowance pursuant to s. 26 212.12 and estimated tax filing requirements pursuant to s. 27 212.11, the same duties and privileges imposed by chapter 212 28 upon dealers of tangible personal property respecting the 29 remission of the surcharge, the making of returns, penalties 30 and interest, the keeping of books, records and accounts, and 31 the compliance with the rules of the Department of Revenue in 6 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 the administration of chapter 212 shall apply and be binding 2 upon all wholesale dealers who are subject to the surcharge 3 imposed by this subsection. 4 (e) The Department of Revenue shall keep records 5 showing the amount of the surcharge collected. 6 (f) The Department of Revenue shall collect the 7 surcharge for transfer into the General Inspection Trust Fund 8 of the Department of Agriculture and Consumer Services. 9 (g) The Department of Revenue is empowered to 10 promulgate rules, establish audit procedures for the audit of 11 wholesale dealers, assess for delinquency, and prescribe and 12 publish such forms as may be necessary to effectuate the 13 provisions of this subsection. 14 (h) Annually, the Department of Agriculture and 15 Consumer Services and the Fish and Wildlife Conservation 16 Commission shall furnish the Department of Revenue with a 17 current list of wholesale dealers in the state. 18 (i) Collections received by the Department of Revenue 19 from the surcharge shall be transferred quarterly to the 20 General Inspection Trust Fund of the Department of Agriculture 21 and Consumer Services, less the costs of administration. 22 (j) The executive director of the Department of 23 Revenue is hereby authorized to adopt emergency rules pursuant 24 to s. 120.54(4) for purposes of implementing this subsection. 25 Notwithstanding any other provisions of law, such emergency 26 rules shall remain effective for 6 months from the date of 27 adoption. Other rules of the Department of Revenue related to 28 and in furtherance of the orderly implementation of this 29 subsection shall not be subject to a s. 120.56(2) rule 30 challenge or a s. 120.54(3)(c)2. drawout proceeding but, once 31 adopted, shall be subject to a s. 120.56(3) invalidity 7 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 challenge. Such rules shall be adopted by the Governor and 2 Cabinet and shall become effective upon filing with the 3 Department of State, notwithstanding the provisions of s. 4 120.54(3)(e)6. 5 (k) The Department of Agriculture and Consumer 6 Services shall use or distribute funds paid into the State 7 Treasury to the credit of the General Inspection Trust Fund 8 pursuant to s. 201.15(11) generated by this surcharge, less 9 reasonable costs of collection and administration, to fund the 10 following oyster management and restoration programs in 11 Apalachicola Bay and other oyster harvest areas in the state: 12 (a)1. The relaying and transplanting of live oysters. 13 (b)2. Shell planting to construct or rehabilitate 14 oyster bars. 15 (c)3. Education programs for licensed oyster 16 harvesters on oyster biology, aquaculture, boating and water 17 safety, sanitation, resource conservation, small business 18 management, and other relevant subjects. 19 (d)4. Research directed toward the enhancement of 20 oyster production in the bay and the water management needs of 21 the bay. 22 Section 4. Subsection (3) of section 161.091, Florida 23 Statutes, is amended to read: 24 161.091 Beach management; funding; repair and 25 maintenance strategy.-- 26 (3) In accordance with the intent expressed in s. 27 161.088 and the legislative finding that erosion of the 28 beaches of this state is detrimental to tourism, the state's 29 major industry, further exposes the state's highly developed 30 coastline to severe storm damage, and threatens beach-related 31 jobs, which, if not stopped, could significantly reduce state 8 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 sales tax revenues, funds deposited into the State Treasury to 2 the credit of the Ecosystem Management and Restoration Trust 3 Fund, in the annual amounts provided in s. 201.15(11)(a) s. 4 201.15(11), shall be used, for a period of not less than 15 5 years, to fund the development, implementation, and 6 administration of the state's beach management plan, as 7 provided in ss. 161.091-161.212, prior to the use of such 8 funds deposited pursuant to s. 201.15(11)(a) s. 201.15(11) in 9 that trust fund for any other purpose. 10 Section 5. Section 213.05, Florida Statutes, is 11 amended to read: 12 213.05 Department of Revenue; control and 13 administration of revenue laws.--The Department of Revenue 14 shall have only those responsibilities for ad valorem taxation 15 specified to the department in chapter 192, taxation, general 16 provisions; chapter 193, assessments; chapter 194, 17 administrative and judicial review of property taxes; chapter 18 195, property assessment administration and finance; chapter 19 196, exemption; chapter 197, tax collections, sales, and 20 liens; chapter 199, intangible personal property taxes; and 21 chapter 200, determination of millage. The Department of 22 Revenue shall have the responsibility of regulating, 23 controlling, and administering all revenue laws and performing 24 all duties as provided in s. 125.0104, the Local Option 25 Tourist Development Act; s. 125.0108, tourist impact tax; 26 chapter 198, estate taxes; chapter 201, excise tax on 27 documents; chapter 202, communications services tax; chapter 28 203, gross receipts taxes; chapter 206, motor and other fuel 29 taxes; chapter 211, tax on production of oil and gas and 30 severance of solid minerals; chapter 212, tax on sales, use, 31 and other transactions; chapter 220, income tax code; chapter 9 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 221, emergency excise tax; ss. 336.021 and 336.025, taxes on 2 motor fuel and special fuel; s. 370.07(3), Apalachicola Bay 3 oyster surcharge; s. 376.11, pollutant spill prevention and 4 control; s. 403.718, waste tire fees; s. 403.7185, lead-acid 5 battery fees; s. 538.09, registration of secondhand dealers; 6 s. 538.25, registration of secondary metals recyclers; s. 7 624.4621, group self-insurer's fund premium tax; s. 624.5091, 8 retaliatory tax; s. 624.475, commercial self-insurance fund 9 premium tax; ss. 624.509-624.511, insurance code: 10 administration and general provisions; s. 624.515, State Fire 11 Marshal regulatory assessment; s. 627.357, medical malpractice 12 self-insurance premium tax; s. 629.5011, reciprocal insurers 13 premium tax; and s. 681.117, motor vehicle warranty 14 enforcement. 15 Section 6. On the effective date of this act, the 16 Department of Revenue shall cease all efforts to collect any 17 uncollected revenues due or payable pursuant to the 18 50-cent-per-bag surcharge that is abolished by this act. 19 Section 7. Except as otherwise expressly provided in 20 this act, this act shall take effect upon becoming a law. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 Delete everything before the enacting clause 26 27 and insert: 28 A bill to be entitled 29 An act relating to funding for oyster 30 management and restoration programs in 31 Apalachicola Bay and other areas; amending s. 10 10:11 AM 02/06/06 s1208.ep06.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1208 Barcode 611824 1 201.15, F.S.; authorizing the distribution of 2 certain revenues from the excise tax on 3 documents to the General Inspection Trust Fund 4 of the Department of Agriculture and Consumer 5 Services; providing for such funds to be used 6 for oyster management and restoration programs 7 in Apalachicola Bay and other areas; amending 8 s. 370.07, F.S.; abolishing a surcharge upon 9 oysters harvested from Apalachicola Bay; 10 deleting certain requirements related to the 11 surcharge; providing for the use of moneys from 12 the General Inspection Trust Fund for oyster 13 management and restoration programs in 14 Apalachicola Bay and other areas; prohibiting 15 the Department of Revenue from collecting 16 uncollected moneys payable from the surcharge; 17 amending ss. 161.091 and 213.05, F.S., to 18 conform; providing effective dates. 19 20 21 22 23 24 25 26 27 28 29 30 31 11 10:11 AM 02/06/06 s1208.ep06.001