Senate Bill sb1208

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    Florida Senate - 2006                                  SB 1208

    By Senator Lawson





    6-816-06

  1                      A bill to be entitled

  2         An act relating to funding for the management

  3         and restoration of Apalachicola Bay; amending

  4         s. 201.15, F.S.; authorizing the distribution

  5         of certain revenues from the excise tax on

  6         documents to the General Inspection Trust Fund

  7         of the Department of Agriculture and Consumer

  8         Services; providing for such funds to be used

  9         for oyster management and restoration in

10         Apalachicola Bay; amending s. 370.07, F.S.;

11         abolishing a surcharge upon oysters harvested

12         from Apalachicola Bay; deleting certain

13         requirements related to the surcharge;

14         providing for the use of moneys from the

15         General Inspection Trust Fund for oyster

16         management and restoration in Apalachicola Bay;

17         prohibiting the Department of Revenue from

18         collecting uncollected moneys payable from the

19         surcharge; amending ss. 72.011, 161.091, 213.05

20         and 213.053, F.S., to conform; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Paragraph (e) of subsection (1), paragraph

26  (a) of subsection (2), and subsection (11) of section 201.15,

27  Florida Statutes, are amended to read:

28         201.15  Distribution of taxes collected.--All taxes

29  collected under this chapter shall be distributed as follows

30  and shall be subject to the service charge imposed in s.

31  215.20(1), except that such service charge shall not be levied

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    Florida Senate - 2006                                  SB 1208
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 1  against any portion of taxes pledged to debt service on bonds

 2  to the extent that the amount of the service charge is

 3  required to pay any amounts relating to the bonds:

 4         (1)  Sixty-two and sixty-three hundredths percent of

 5  the remaining taxes collected under this chapter shall be used

 6  for the following purposes:

 7         (e)  The remainder of the moneys distributed under this

 8  subsection, after the required payments under paragraphs (a),

 9  (b), (c), and (d), shall be paid into the State Treasury to

10  the credit of the General Revenue Fund of the state to be used

11  and expended for the purposes for which the General Revenue

12  Fund was created and exists by law or to the Ecosystem

13  Management and Restoration Trust Fund, or to the Marine

14  Resources Conservation Trust Fund, or the General Inspection

15  Trust Fund as provided in subsection (11).

16         (2)  Seven and fifty-six hundredths percent of the

17  remaining taxes collected under this chapter shall be used for

18  the following purposes:

19         (a)  Beginning in the month following the final payment

20  for a fiscal year under paragraph (1)(c), available moneys

21  shall be paid into the State Treasury to the credit of the

22  General Revenue Fund of the state to be used and expended for

23  the purposes for which the General Revenue Fund was created

24  and exists by law or to the Ecosystem Management and

25  Restoration Trust Fund, or to the Marine Resources

26  Conservation Trust Fund, or the General Inspection Trust Fund

27  as provided in subsection (11). Payments made under this

28  paragraph shall continue until the cumulative amount credited

29  to the General Revenue Fund for the fiscal year under this

30  paragraph equals the cumulative payments made under paragraph

31  (1)(c) for the same fiscal year.

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 1         (11)(a)  From the moneys specified in paragraphs (1)(e)

 2  (1)(d) and (2)(a) and prior to deposit of any moneys into the

 3  General Revenue Fund, $30 million shall be paid into the State

 4  Treasury to the credit of the Ecosystem Management and

 5  Restoration Trust Fund in fiscal year 2000-2001 and each

 6  fiscal year thereafter, to be used for the preservation and

 7  repair of the state's beaches as provided in ss.

 8  161.091-161.212, and $2 million shall be paid into the State

 9  Treasury to the credit of the Marine Resources Conservation

10  Trust Fund to be used for marine mammal care as provided in s.

11  370.0603(3).

12         (b)  After the payments required in paragraph (a),

13  $300,000 shall be paid into the State Treasury to the credit

14  of the General Inspection Trust Fund in fiscal year 2006-2007

15  and each fiscal year thereafter, to be used to fund oyster

16  management and restoration programs in Apalachicola Bay as

17  provided in s. 370.07(3).

18         Section 2.  Effective July 1, 2007, paragraph (e) of

19  subsection (1) and subsections (2), (11), and (13) of section

20  201.15, Florida Statutes, as amended by section 1 of chapter

21  2005-92, Laws of Florida, are amended to read:

22         201.15  Distribution of taxes collected.--All taxes

23  collected under this chapter shall be distributed as follows

24  and shall be subject to the service charge imposed in s.

25  215.20(1), except that such service charge shall not be levied

26  against any portion of taxes pledged to debt service on bonds

27  to the extent that the amount of the service charge is

28  required to pay any amounts relating to the bonds:

29         (1)  Sixty-two and sixty-three hundredths percent of

30  the remaining taxes collected under this chapter shall be used

31  for the following purposes:

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 1         (e)  The remainder of the moneys distributed under this

 2  subsection, after the required payments under paragraphs (a),

 3  (b), (c), and (d) shall be paid into the State Treasury to the

 4  credit of the General Revenue Fund to be used and expended for

 5  the purposes for which the General Revenue Fund was created

 6  and exists by law or to the Ecosystem Management and

 7  Restoration Trust Fund, or to the Marine Resources

 8  Conservation Trust Fund, or the General Inspection Trust Fund

 9  as provided in subsection (11).

10         (2)  The lesser of seven and fifty-six hundredths

11  percent of the remaining taxes collected under this chapter or

12  $85.1 $84.9 million in each fiscal year shall be used for the

13  following purposes:

14         (a)  Beginning in the month following the final payment

15  for a fiscal year under paragraph (1)(c), available moneys

16  shall be paid into the State Treasury to the credit of the

17  General Revenue Fund to be used and expended for the purposes

18  for which the General Revenue Fund was created and exists by

19  law or to the Ecosystem Management and Restoration Trust Fund,

20  or to the Marine Resources Conservation Trust Fund, or the

21  General Inspection Trust Fund as provided in subsection (11).

22  Payments made under this paragraph shall continue until the

23  cumulative amount credited to the General Revenue Fund for the

24  fiscal year under this paragraph equals the cumulative

25  payments made under paragraph (1)(c) for the same fiscal year.

26         (b)  The remainder of the moneys distributed under this

27  subsection shall be paid into the State Treasury to the credit

28  of the Land Acquisition Trust Fund. Sums deposited in the fund

29  pursuant to this subsection may be used for any purpose for

30  which funds deposited in the Land Acquisition Trust Fund may

31  lawfully be used.

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 1         (11)(a)  From the moneys specified in paragraphs (1)(e)

 2  (1)(d) and (2)(a) and prior to deposit of any moneys into the

 3  General Revenue Fund, $30 million shall be paid into the State

 4  Treasury to the credit of the Ecosystem Management and

 5  Restoration Trust Fund in fiscal year 2000-2001 and each

 6  fiscal year thereafter, to be used for the preservation and

 7  repair of the state's beaches as provided in ss.

 8  161.091-161.212, and $2 million shall be paid into the State

 9  Treasury to the credit of the Marine Resources Conservation

10  Trust Fund to be used for marine mammal care as provided in s.

11  370.0603(3).

12         (b)  After the payments required in paragraph (a),

13  $300,000 shall be paid into the State Treasury to the credit

14  of the General Inspection Trust Fund in fiscal year 2006-2007

15  and each fiscal year thereafter, to be used to fund oyster

16  management and restoration programs in Apalachicola Bay as

17  provided in s. 370.07(3).

18         (13)  The distribution of proceeds deposited into the

19  Water Management Lands Trust Fund and the Conservation and

20  Recreation Lands Trust Fund, pursuant to subsections (4) and

21  (5), shall not be used for land acquisition, but may be used

22  for preacquisition costs associated with land purchases. The

23  Legislature intends that the Florida Forever program supplant

24  the acquisition programs formerly authorized under ss. 259.032

25  and 373.59. Prior to the 2005 Regular Session of the

26  Legislature, the Acquisition and Restoration Council shall

27  review and make recommendations to the Legislature concerning

28  the need to repeal this provision. Based on these

29  recommendations, the Legislature shall review the need to

30  repeal this provision during the 2005 Regular Session.

31  

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    Florida Senate - 2006                                  SB 1208
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 1         Section 3.  Subsection (3) of section 370.07, Florida

 2  Statutes, is amended to read:

 3         370.07  Wholesale and retail saltwater products

 4  dealers; regulation.--

 5         (3)  APALACHICOLA BAY OYSTER MANAGEMENT AND RESTORATION

 6  PROGRAM SURCHARGE.--

 7         (a)  For purposes of this section, "bag" means an

 8  amount of oysters with shells weighing approximately 60

 9  pounds.

10         (b)  Effective October 1, 1989, there shall be assessed

11  a surcharge of 50 cents on each bag of oysters to be paid by

12  the wholesale dealer first receiving, using, or selling the

13  oysters after harvesting from the waters of Apalachicola Bay.

14         (c)1.  Each wholesale dealer shall certify, on such

15  forms as may be prescribed by the Department of Revenue, to

16  any subsequent purchasing wholesale dealer or other purchaser

17  that the surcharge imposed by this subsection has been paid or

18  will be paid by such wholesale dealer first receiving the

19  oysters.

20         2.  In the case where the harvester is also the

21  wholesale dealer, such wholesale dealer shall maintain

22  documentation, on forms as may be prescribed by the Department

23  of Revenue, adequate to establish that the surcharge has been

24  paid or will be paid by such wholesale dealer.

25         3.  In such case where the wholesale dealer is also the

26  retail dealer under paragraph (1)(b), such wholesale dealer

27  shall maintain documentation, on forms as may be prescribed by

28  the Department of Revenue, adequate to establish that the

29  surcharge has been paid or will be paid by such wholesale

30  dealer.

31  

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    Florida Senate - 2006                                  SB 1208
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 1         (d)  Except for the collection allowance pursuant to s.

 2  212.12 and estimated tax filing requirements pursuant to s.

 3  212.11, the same duties and privileges imposed by chapter 212

 4  upon dealers of tangible personal property respecting the

 5  remission of the surcharge, the making of returns, penalties

 6  and interest, the keeping of books, records and accounts, and

 7  the compliance with the rules of the Department of Revenue in

 8  the administration of chapter 212 shall apply and be binding

 9  upon all wholesale dealers who are subject to the surcharge

10  imposed by this subsection.

11         (e)  The Department of Revenue shall keep records

12  showing the amount of the surcharge collected.

13         (f)  The Department of Revenue shall collect the

14  surcharge for transfer into the General Inspection Trust Fund

15  of the Department of Agriculture and Consumer Services.

16         (g)  The Department of Revenue is empowered to

17  promulgate rules, establish audit procedures for the audit of

18  wholesale dealers, assess for delinquency, and prescribe and

19  publish such forms as may be necessary to effectuate the

20  provisions of this subsection.

21         (h)  Annually, the Department of Agriculture and

22  Consumer Services and the Fish and Wildlife Conservation

23  Commission shall furnish the Department of Revenue with a

24  current list of wholesale dealers in the state.

25         (i)  Collections received by the Department of Revenue

26  from the surcharge shall be transferred quarterly to the

27  General Inspection Trust Fund of the Department of Agriculture

28  and Consumer Services, less the costs of administration.

29         (j)  The executive director of the Department of

30  Revenue is hereby authorized to adopt emergency rules pursuant

31  to s. 120.54(4) for purposes of implementing this subsection.

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    Florida Senate - 2006                                  SB 1208
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 1  Notwithstanding any other provisions of law, such emergency

 2  rules shall remain effective for 6 months from the date of

 3  adoption. Other rules of the Department of Revenue related to

 4  and in furtherance of the orderly implementation of this

 5  subsection shall not be subject to a s. 120.56(2) rule

 6  challenge or a s. 120.54(3)(c)2. drawout proceeding but, once

 7  adopted, shall be subject to a s. 120.56(3) invalidity

 8  challenge.  Such rules shall be adopted by the Governor and

 9  Cabinet and shall become effective upon filing with the

10  Department of State, notwithstanding the provisions of s.

11  120.54(3)(e)6.

12         (k)  The Department of Agriculture and Consumer

13  Services shall use or distribute funds paid into the State

14  Treasury to the credit of the General Inspection Trust Fund

15  pursuant to s. 201.15(11) generated by this surcharge, less

16  reasonable costs of collection and administration, to fund the

17  following oyster management and restoration programs in

18  Apalachicola Bay:

19         (a)1.  The relaying and transplanting of live oysters.

20         (b)2.  Shell planting to construct or rehabilitate

21  oyster bars.

22         (c)3.  Education programs for licensed oyster

23  harvesters on oyster biology, aquaculture, boating and water

24  safety, sanitation, resource conservation, small business

25  management, and other relevant subjects.

26         (d)4.  Research directed toward the enhancement of

27  oyster production in the bay and the water management needs of

28  the bay.

29         Section 4.  Paragraph (a) of subsection (1) of section

30  72.011, Florida Statutes, is amended to read:

31  

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 1         72.011  Jurisdiction of circuit courts in specific tax

 2  matters; administrative hearings and appeals; time for

 3  commencing action; parties; deposits.--

 4         (1)(a)  A taxpayer may contest the legality of any

 5  assessment or denial of refund of tax, fee, surcharge, permit,

 6  interest, or penalty provided for under s. 125.0104, s.

 7  125.0108, chapter 198, chapter 199, chapter 201, chapter 202,

 8  chapter 203, chapter 206, chapter 207, chapter 210, chapter

 9  211, chapter 212, chapter 213, chapter 220, chapter 221, s.

10  370.07(3), chapter 376, s. 403.717, s. 403.718, s. 403.7185,

11  s. 538.09, s. 538.25, chapter 550, chapter 561, chapter 562,

12  chapter 563, chapter 564, chapter 565, chapter 624, or s.

13  681.117 by filing an action in circuit court; or,

14  alternatively, the taxpayer may file a petition under the

15  applicable provisions of chapter 120. However, once an action

16  has been initiated under s. 120.56, s. 120.565, s. 120.569, s.

17  120.57, or s. 120.80(14)(b), no action relating to the same

18  subject matter may be filed by the taxpayer in circuit court,

19  and judicial review shall be exclusively limited to appellate

20  review pursuant to s. 120.68; and once an action has been

21  initiated in circuit court, no action may be brought under

22  chapter 120.

23         Section 5.  Subsection (3) of section 161.091, Florida

24  Statutes, is amended to read:

25         161.091  Beach management; funding; repair and

26  maintenance strategy.--

27         (3)  In accordance with the intent expressed in s.

28  161.088 and the legislative finding that erosion of the

29  beaches of this state is detrimental to tourism, the state's

30  major industry, further exposes the state's highly developed

31  coastline to severe storm damage, and threatens beach-related

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 1  jobs, which, if not stopped, could significantly reduce state

 2  sales tax revenues, funds deposited into the State Treasury to

 3  the credit of the Ecosystem Management and Restoration Trust

 4  Fund, in the annual amounts provided in s. 201.15(11)(a) s.

 5  201.15(11), shall be used, for a period of not less than 15

 6  years, to fund the development, implementation, and

 7  administration of the state's beach management plan, as

 8  provided in ss. 161.091-161.212, prior to the use of such

 9  funds deposited pursuant to s. 201.15(11)(a) s. 201.15(11) in

10  that trust fund for any other purpose.

11         Section 6.  Section 213.05, Florida Statutes, is

12  amended to read:

13         213.05  Department of Revenue; control and

14  administration of revenue laws.--The Department of Revenue

15  shall have only those responsibilities for ad valorem taxation

16  specified to the department in chapter 192, taxation, general

17  provisions; chapter 193, assessments; chapter 194,

18  administrative and judicial review of property taxes; chapter

19  195, property assessment administration and finance; chapter

20  196, exemption; chapter 197, tax collections, sales, and

21  liens; chapter 199, intangible personal property taxes; and

22  chapter 200, determination of millage. The Department of

23  Revenue shall have the responsibility of regulating,

24  controlling, and administering all revenue laws and performing

25  all duties as provided in s. 125.0104, the Local Option

26  Tourist Development Act; s. 125.0108, tourist impact tax;

27  chapter 198, estate taxes; chapter 201, excise tax on

28  documents; chapter 202, communications services tax; chapter

29  203, gross receipts taxes; chapter 206, motor and other fuel

30  taxes; chapter 211, tax on production of oil and gas and

31  severance of solid minerals; chapter 212, tax on sales, use,

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 1  and other transactions; chapter 220, income tax code; chapter

 2  221, emergency excise tax; ss. 336.021 and 336.025, taxes on

 3  motor fuel and special fuel; s. 370.07(3), Apalachicola Bay

 4  oyster surcharge; s. 376.11, pollutant spill prevention and

 5  control; s. 403.718, waste tire fees; s. 403.7185, lead-acid

 6  battery fees; s. 538.09, registration of secondhand dealers;

 7  s. 538.25, registration of secondary metals recyclers; s.

 8  624.4621, group self-insurer's fund premium tax; s. 624.5091,

 9  retaliatory tax; s. 624.475, commercial self-insurance fund

10  premium tax; ss. 624.509-624.511, insurance code:

11  administration and general provisions; s. 624.515, State Fire

12  Marshal regulatory assessment; s. 627.357, medical malpractice

13  self-insurance premium tax; s. 629.5011, reciprocal insurers

14  premium tax; and s. 681.117, motor vehicle warranty

15  enforcement.

16         Section 7.  Paragraph (a) of subsection (1) of section

17  213.053, Florida Statutes, is amended to read:

18         213.053  Confidentiality and information sharing.--

19         (1)(a)  The provisions of this section apply to s.

20  125.0104, county government; s. 125.0108, tourist impact tax;

21  chapter 175, municipal firefighters' pension trust funds;

22  chapter 185, municipal police officers' retirement trust

23  funds; chapter 198, estate taxes; chapter 199, intangible

24  personal property taxes; chapter 201, excise tax on documents;

25  chapter 203, gross receipts taxes; chapter 211, tax on

26  severance and production of minerals; chapter 212, tax on

27  sales, use, and other transactions; chapter 220, income tax

28  code; chapter 221, emergency excise tax; s. 252.372, emergency

29  management, preparedness, and assistance surcharge; s.

30  370.07(3), Apalachicola Bay oyster surcharge; chapter 376,

31  pollutant spill prevention and control; s. 403.718, waste tire

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 1  fees; s. 403.7185, lead-acid battery fees; s. 538.09,

 2  registration of secondhand dealers; s. 538.25, registration of

 3  secondary metals recyclers; ss. 624.501 and 624.509-624.515,

 4  insurance code; s. 681.117, motor vehicle warranty

 5  enforcement; and s. 896.102, reports of financial transactions

 6  in trade or business.

 7         Section 8.  On the effective date of this act, the

 8  Department of Revenue shall cease all efforts to collect any

 9  uncollected revenues due or payable pursuant to the

10  50-cent-per-bag surcharge that is abolished by this act.

11         Section 9.  Except as otherwise expressly provided in

12  this act, this act shall take effect upon becoming a law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Authorizes distribution of certain revenues from the
      excise tax on documents to the General Inspection Trust
17    Fund of the Department of Agriculture and Consumer
      Services to be used for oyster management and restoration
18    programs in Apalachicola Bay.  Removes a surcharge upon
      oysters harvested from Apalachicola Bay.  Prohibits the
19    Department of Revenue from pursuing collection of
      uncollected surcharges.
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