| 1 | A bill to be entitled |
| 2 | An act relating to the Water Protection and Sustainability |
| 3 | Program Trust Fund; amending s. 201.15, F.S.; revising the |
| 4 | distribution of excise taxes on documents credited to the |
| 5 | Water Protection and Sustainability Program Trust Fund |
| 6 | within the Department of Environmental Protection; |
| 7 | amending s. 403.890, F.S.; revising the distribution of |
| 8 | funds within the Water Protection and Sustainability |
| 9 | Program Trust Fund by the department; reenacting ss. |
| 10 | 403.891(1) and 403.8911(1) F.S., relating to the creation |
| 11 | and purpose of the Water Protection and Sustainability |
| 12 | Program Trust Fund and annual appropriations therefrom, to |
| 13 | incorporate the amendments made to s. 201.15, F.S., in |
| 14 | references thereto; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (d) of subsection (1) of section |
| 19 | 201.15, Florida Statutes, is amended to read: |
| 20 | 201.15 Distribution of taxes collected.--All taxes |
| 21 | collected under this chapter shall be distributed as follows and |
| 22 | shall be subject to the service charge imposed in s. 215.20(1), |
| 23 | except that such service charge shall not be levied against any |
| 24 | portion of taxes pledged to debt service on bonds to the extent |
| 25 | that the amount of the service charge is required to pay any |
| 26 | amounts relating to the bonds: |
| 27 | (1) Sixty-two and sixty-three hundredths percent of the |
| 28 | remaining taxes collected under this chapter shall be used for |
| 29 | the following purposes: |
| 30 | (d) The remainder of the moneys distributed under this |
| 31 | subsection, after the required payments under paragraphs (a), |
| 32 | (b), and (c), shall be paid into the State Treasury to the |
| 33 | credit of: |
| 34 | 1. The State Transportation Trust Fund in the Department |
| 35 | of Transportation in the amount of $541.75 million in each |
| 36 | fiscal year, to be paid in quarterly installments and used for |
| 37 | the following specified purposes, notwithstanding any other law |
| 38 | to the contrary: |
| 39 | a. For the purposes of capital funding for the New Starts |
| 40 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 41 | specified in s. 341.051, 10 percent of these funds; |
| 42 | b. For the purposes of the Small County Outreach Program |
| 43 | specified in s. 339.2818, 5 percent of these funds; |
| 44 | c. For the purposes of the Strategic Intermodal System |
| 45 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 46 | of these funds after allocating for the New Starts Transit |
| 47 | Program described in sub-subparagraph a. and the Small County |
| 48 | Outreach Program described in sub-subparagraph b.; and |
| 49 | d. For the purposes of the Transportation Regional |
| 50 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 51 | funds after allocating for the New Starts Transit Program |
| 52 | described in sub-subparagraph a. and the Small County Outreach |
| 53 | Program described in sub-subparagraph b. |
| 54 | 2. The Water Protection and Sustainability Program Trust |
| 55 | Fund in the Department of Environmental Protection in the amount |
| 56 | of $70 $100 million in each fiscal year, to be paid in quarterly |
| 57 | installments and used as required by s. 403.890. |
| 58 | 3. The Public Education Capital Outlay and Debt Service |
| 59 | Trust Fund in the Department of Education in the amount of $105 |
| 60 | million in each fiscal year, to be paid in monthly installments |
| 61 | with $75 million used to fund the Classrooms for Kids Program |
| 62 | created in s. 1013.735, and $30 million to be used to fund the |
| 63 | High Growth County District Capital Outlay Assistance Grant |
| 64 | Program created in s. 1013.738. If required, new facilities |
| 65 | constructed under the Classrooms for Kids Program must meet the |
| 66 | requirements of s. 1013.372. |
| 67 | 4. The Grants and Donations Trust Fund in the Department |
| 68 | of Community Affairs in the amount of $3.25 million in each |
| 69 | fiscal year to be paid in monthly installments, with $3 million |
| 70 | to be used to fund technical assistance to local governments and |
| 71 | school boards on the requirements and implementation of this act |
| 72 | and $250,000 to be used to fund the Century Commission |
| 73 | established in s. 163.3247. |
| 74 |
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| 75 | Moneys distributed pursuant to this paragraph may not be pledged |
| 76 | for debt service unless such pledge is approved by referendum of |
| 77 | the voters. |
| 78 | Section 2. Subsection (1) of section 403.890, Florida |
| 79 | Statutes, are amended to read: |
| 80 | 403.890 Water Protection and Sustainability Program; |
| 81 | intent; goals; purposes.-- |
| 82 | (1) Effective July 1, 2006, revenues transferred from the |
| 83 | Department of Revenue pursuant to s. 201.15(1)(d)2. shall be |
| 84 | deposited into the Water Protection and Sustainability Program |
| 85 | Trust Fund in the Department of Environmental Protection. These |
| 86 | revenues and any other additional revenues deposited into or |
| 87 | appropriated to the Water Protection and Sustainability Trust |
| 88 | Fund shall be distributed by the Department of Environmental |
| 89 | Protection in the following manner: |
| 90 | (a) Thirty million dollars Sixty percent to the Department |
| 91 | of Environmental Protection for the implementation of an |
| 92 | alternative water supply program as provided in s. 373.1961. |
| 93 | (b) Twenty million dollars percent for the implementation |
| 94 | of best management practices and capital project expenditures |
| 95 | necessary for the implementation of the goals of the total |
| 96 | maximum daily loads program established in s. 403.067. Of these |
| 97 | funds, 85 percent shall be transferred to the credit of the |
| 98 | Department of Environmental Protection Water Quality Assurance |
| 99 | Trust Fund to address water quality impacts associated with |
| 100 | nonagricultural nonpoint sources. Fifteen percent of these funds |
| 101 | shall be transferred to the Department of Agriculture and |
| 102 | Consumer Services General Inspection Trust Fund to address water |
| 103 | quality impacts associated with agricultural nonpoint sources. |
| 104 | These funds shall be used for research, development, |
| 105 | demonstration, and implementation of the total maximum daily |
| 106 | load program under s. 403.067, suitable best management |
| 107 | practices or other measures used to achieve water quality |
| 108 | standards in surface waters and water segments identified |
| 109 | pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92- |
| 110 | 500, 33 U.S.C. ss. 1251 et seq. Implementation of best |
| 111 | management practices and other measures may include cost-share |
| 112 | grants, technical assistance, implementation tracking, and |
| 113 | conservation leases or other agreements for water quality |
| 114 | improvement. The Department of Environmental Protection and the |
| 115 | Department of Agriculture and Consumer Services may adopt rules |
| 116 | governing the distribution of funds for implementation of |
| 117 | capital projects, best management practices, and other measures. |
| 118 | These funds shall not be used to abrogate the financial |
| 119 | responsibility of those point and nonpoint sources that have |
| 120 | contributed to the degradation of water or land areas. Increased |
| 121 | priority shall be given by the department and the water |
| 122 | management district governing boards to those projects that have |
| 123 | secured a cost-sharing agreement allocating responsibility for |
| 124 | the cleanup of point and nonpoint sources. |
| 125 | (c) Ten million dollars percent shall be disbursed for the |
| 126 | purposes of funding projects pursuant to ss. 373.451-373.459 or |
| 127 | surface water restoration activities in water-management- |
| 128 | district-designated priority water bodies. The Secretary of |
| 129 | Environmental Protection shall ensure that each water management |
| 130 | district receives the following percentage of funds annually: |
| 131 | 1. Thirty-five percent to the South Florida Water |
| 132 | Management District; |
| 133 | 2. Twenty-five percent to the Southwest Florida Water |
| 134 | Management District; |
| 135 | 3. Twenty-five percent to the St. Johns River Water |
| 136 | Management District; |
| 137 | 4. Seven and one-half percent to the Suwannee River Water |
| 138 | Management District; and |
| 139 | 5. Seven and one-half percent to the Northwest Florida |
| 140 | Water Management District. |
| 141 | (d) Ten million dollars percent to the Department of |
| 142 | Environmental Protection for the Disadvantaged Small Community |
| 143 | Wastewater Grant Program as provided in s. 403.1838. |
| 144 | (e) Beginning June 30, 2007, and every 24 months |
| 145 | thereafter, the Department of Environmental Protection shall |
| 146 | request the return of all unencumbered funds distributed |
| 147 | pursuant to this section. These funds shall be deposited into |
| 148 | the Water Protection and Sustainability Program Trust Fund and |
| 149 | redistributed pursuant to the provisions of this section. |
| 150 | Section 3. For the purpose of incorporating the amendment |
| 151 | made by this act to section 201.15, Florida Statutes, in a |
| 152 | reference thereto, subsection (1) of section 403.891, Florida |
| 153 | Statutes, is reenacted to read: |
| 154 | 403.891 Water Protection and Sustainability Program Trust |
| 155 | Fund of the Department of Environmental Protection.-- |
| 156 | (1) The Water Protection and Sustainability Program Trust |
| 157 | Fund is created within the Department of Environmental |
| 158 | Protection. The purpose of the trust fund is to receive funds |
| 159 | pursuant to s. 201.15(1)(d)2., funds from other sources provided |
| 160 | for in law and the General Appropriations Act, and funds |
| 161 | received by the department in order to implement the provisions |
| 162 | of the Water Sustainability and Protection Program created in s. |
| 163 | 403.890. |
| 164 | Section 4. For the purpose of incorporating the amendment |
| 165 | made by this act to section 201.15, Florida Statutes, in a |
| 166 | reference thereto, subsection (1) of section 403.8911, Florida |
| 167 | Statutes, is reenacted to read: |
| 168 | 403.8911 Annual appropriation from the Water Protection |
| 169 | and Sustainability Trust Fund.-- |
| 170 | (1) Funds paid into the Water Protection and |
| 171 | Sustainability Trust Fund pursuant to s. 201.15(1)(d) are hereby |
| 172 | annually appropriated for expenditure for the purposes for which |
| 173 | the Water Protection and Sustainability Trust Fund is |
| 174 | established. |
| 175 | Section 5. This act shall take effect July 1, 2007. |