| 1 | Representative(s) Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Paragraph (d) of subsection (1) of section |
| 6 | 201.15, Florida Statutes, is amended to read: |
| 7 | 201.15 Distribution of taxes collected.--All taxes |
| 8 | collected under this chapter shall be distributed as follows and |
| 9 | shall be subject to the service charge imposed in s. 215.20(1), |
| 10 | except that such service charge shall not be levied against any |
| 11 | portion of taxes pledged to debt service on bonds to the extent |
| 12 | that the amount of the service charge is required to pay any |
| 13 | amounts relating to the bonds: |
| 14 | (1) Sixty-two and sixty-three hundredths percent of the |
| 15 | remaining taxes collected under this chapter shall be used for |
| 16 | the following purposes: |
| 17 | (d) The remainder of the moneys distributed under this |
| 18 | subsection, after the required payments under paragraphs (a), |
| 19 | (b), and (c), shall be paid into the State Treasury to the |
| 20 | credit of: |
| 21 | 1. The State Transportation Trust Fund in the Department |
| 22 | of Transportation in the amount of $541.75 million in each |
| 23 | fiscal year, to be paid in quarterly installments and used for |
| 24 | the following specified purposes, notwithstanding any other law |
| 25 | to the contrary: |
| 26 | a. For the purposes of capital funding for the New Starts |
| 27 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 28 | specified in s. 341.051, 10 percent of these funds; |
| 29 | b. For the purposes of the Small County Outreach Program |
| 30 | specified in s. 339.2818, 5 percent of these funds; |
| 31 | c. For the purposes of the Strategic Intermodal System |
| 32 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 33 | of these funds after allocating for the New Starts Transit |
| 34 | Program described in sub-subparagraph a. and the Small County |
| 35 | Outreach Program described in sub-subparagraph b.; and |
| 36 | d. For the purposes of the Transportation Regional |
| 37 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 38 | funds after allocating for the New Starts Transit Program |
| 39 | described in sub-subparagraph a. and the Small County Outreach |
| 40 | Program described in sub-subparagraph b. |
| 41 | 2. The Water Protection and Sustainability Program Trust |
| 42 | Fund in the Department of Environmental Protection in the amount |
| 43 | of $70 $100 million in fiscal year 2007-2008 and $60 million in |
| 44 | each fiscal year thereafter, to be paid in quarterly |
| 45 | installments and used as required by s. 403.890. |
| 46 | 3. The Grants and Donations Trust Fund in the Department |
| 47 | of Community Affairs in the amount of $3.25 million in each |
| 48 | fiscal year to be paid in monthly installments, with $3 million |
| 49 | to be used to fund technical assistance to local governments and |
| 50 | school boards on the requirements and implementation of this act |
| 51 | and $250,000 to be used to fund the Century Commission |
| 52 | established in s. 163.3247. |
| 53 |
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| 54 | Moneys distributed pursuant to this paragraph may not be pledged |
| 55 | for debt service unless such pledge is approved by referendum of |
| 56 | the voters. |
| 57 | Section 2. Paragraph (b) of subsection (3) of section |
| 58 | 373.1961, Florida Statutes, is amended to read: |
| 59 | 373.1961 Water production; general powers and duties; |
| 60 | identification of needs; funding criteria; economic incentives; |
| 61 | reuse funding.-- |
| 62 | (3) FUNDING.-- |
| 63 | (b) Beginning in fiscal year 2005-2006, the state shall |
| 64 | annually provide a portion of those revenues deposited into the |
| 65 | Water Protection and Sustainability Program Trust Fund for the |
| 66 | purpose of providing funding assistance for the development of |
| 67 | alternative water supplies pursuant to the Water Protection and |
| 68 | Sustainability Program. At the beginning of each fiscal year, |
| 69 | beginning with fiscal year 2005-2006, such revenues shall be |
| 70 | distributed by the department into the alternative water supply |
| 71 | trust fund accounts created by each district for the purpose of |
| 72 | alternative water supply development under the following funding |
| 73 | formula: |
| 74 | 1. Thirty percent to the South Florida Water Management |
| 75 | District; |
| 76 | 2. Twenty-five percent to the Southwest Florida Water |
| 77 | Management District; |
| 78 | 3. Twenty-five percent to the St. Johns River Water |
| 79 | Management District; |
| 80 | 4. Ten percent to the Suwannee River Water Management |
| 81 | District; and |
| 82 | 5. Ten percent to the Northwest Florida Water Management |
| 83 | District. |
| 84 | Section 3. Subsections (1) and (2) of section 403.890, |
| 85 | Florida Statutes, are amended to read: |
| 86 | 403.890 Water Protection and Sustainability Program; |
| 87 | intent; goals; purposes.-- |
| 88 | (1) Effective July 1, 2006, revenues transferred from the |
| 89 | Department of Revenue pursuant to s. 201.15(1)(d)2. shall be |
| 90 | deposited into the Water Protection and Sustainability Program |
| 91 | Trust Fund in the Department of Environmental Protection. These |
| 92 | revenues and any other additional revenues deposited into or |
| 93 | appropriated to the Water Protection and Sustainability Program |
| 94 | Trust Fund shall be distributed by the Department of |
| 95 | Environmental Protection in the following manner: |
| 96 | (a) The sum of $42,750,000 in fiscal year 2007-2008 and |
| 97 | $37 million in each fiscal year thereafter Sixty percent to the |
| 98 | Department of Environmental Protection for the implementation of |
| 99 | an alternative water supply program as provided in s. 373.1961. |
| 100 | (b) The sum of $7,250,000 in fiscal year 2007-2008 and $3 |
| 101 | million in each fiscal year thereafter Twenty percent for the |
| 102 | implementation of best management practices and capital project |
| 103 | expenditures necessary for the implementation of the goals of |
| 104 | the total maximum daily loads program established in s. 403.067. |
| 105 | Of these funds, $4,250,000 85 percent shall be transferred to |
| 106 | the credit of the Department of Environmental Protection Water |
| 107 | Quality Assurance Trust Fund to address water quality impacts |
| 108 | associated with nonagricultural nonpoint sources in fiscal year |
| 109 | 2007-2008. Fifteen percent Of these funds, $3 million in fiscal |
| 110 | year 2007-2008 and $3 million in each fiscal year thereafter |
| 111 | shall be transferred to the Department of Agriculture and |
| 112 | Consumer Services General Inspection Trust Fund to address water |
| 113 | quality impacts associated with agricultural nonpoint sources. |
| 114 | These funds shall be used for research, development, |
| 115 | demonstration, and implementation of the total maximum daily |
| 116 | load program under s. 403.067, suitable best management |
| 117 | practices or other measures used to achieve water quality |
| 118 | standards in surface waters and water segments identified |
| 119 | pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92- |
| 120 | 500, 33 U.S.C. ss. 1251 et seq. Implementation of best |
| 121 | management practices and other measures may include cost-share |
| 122 | grants, technical assistance, implementation tracking, and |
| 123 | conservation leases or other agreements for water quality |
| 124 | improvement. The Department of Environmental Protection and the |
| 125 | Department of Agriculture and Consumer Services may adopt rules |
| 126 | governing the distribution of funds for implementation of |
| 127 | capital projects, best management practices, and other measures. |
| 128 | These funds shall not be used to abrogate the financial |
| 129 | responsibility of those point and nonpoint sources that have |
| 130 | contributed to the degradation of water or land areas. Increased |
| 131 | priority shall be given by the department and the water |
| 132 | management district governing boards to those projects that have |
| 133 | secured a cost-sharing agreement allocating responsibility for |
| 134 | the cleanup of point and nonpoint sources. |
| 135 | (c) The sum of $10 million in each fiscal year Ten percent |
| 136 | shall be disbursed for the purposes of funding projects pursuant |
| 137 | to ss. 373.451-373.459 or surface water restoration activities |
| 138 | in water-management-district-designated priority water bodies. |
| 139 | The Secretary of Environmental Protection shall ensure that each |
| 140 | water management district receives the following percentage of |
| 141 | funds annually: |
| 142 | 1. Thirty-five percent to the South Florida Water |
| 143 | Management District; |
| 144 | 2. Twenty-five percent to the Southwest Florida Water |
| 145 | Management District; |
| 146 | 3. Twenty-five percent to the St. Johns River Water |
| 147 | Management District; |
| 148 | 4. Seven and one-half percent to the Suwannee River Water |
| 149 | Management District; and |
| 150 | 5. Seven and one-half percent to the Northwest Florida |
| 151 | Water Management District. |
| 152 | (d) The sum of $10 million in each fiscal year Ten percent |
| 153 | to the Department of Environmental Protection for the |
| 154 | Disadvantaged Small Community Wastewater Grant Program as |
| 155 | provided in s. 403.1838. |
| 156 | (e) Beginning June 30, 2007, and every 24 months |
| 157 | thereafter, the Department of Environmental Protection shall |
| 158 | request the return of all unencumbered funds distributed |
| 159 | pursuant to this section. These funds shall be deposited into |
| 160 | the Water Protection and Sustainability Program Trust Fund and |
| 161 | redistributed pursuant to the provisions of this section. |
| 162 | (2) For fiscal year 2005-2006, funds deposited or |
| 163 | appropriated into the Water Protection and Sustainability |
| 164 | Program Trust Fund shall be distributed as follows: |
| 165 | (a) One hundred million dollars to the Department of |
| 166 | Environmental Protection for the implementation of an |
| 167 | alternative water supply program as provided in s. 373.1961. |
| 168 | (b) Funds remaining after the distribution provided for in |
| 169 | subsection (1) shall be distributed as follows: |
| 170 | 1. Fifty percent for the implementation of best management |
| 171 | practices and capital project expenditures necessary for the |
| 172 | implementation of the goals of the total maximum daily loads |
| 173 | program established in s. 403.067. Of these funds, 85 percent |
| 174 | shall be transferred to the credit of the Department of |
| 175 | Environmental Protection Water Quality Assurance Trust Fund to |
| 176 | address water quality impacts associated with nonagricultural |
| 177 | nonpoint sources. Fifteen percent of these funds shall be |
| 178 | transferred to the Department of Agriculture and Consumer |
| 179 | Services General Inspection Trust Fund to address water quality |
| 180 | impacts associated with agricultural nonpoint sources. These |
| 181 | funds shall be used for research, development, demonstration, |
| 182 | and implementation of suitable best management practices or |
| 183 | other measures used to achieve water quality standards in |
| 184 | surface waters and water segments identified pursuant to s. |
| 185 | 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. |
| 186 | 1251 et seq. Implementation of best management practices and |
| 187 | other measures may include cost-share grants, technical |
| 188 | assistance, implementation tracking, and conservation leases or |
| 189 | other agreements for water quality improvement. The Department |
| 190 | of Environmental Protection and the Department of Agriculture |
| 191 | and Consumer Services may adopt rules governing the distribution |
| 192 | of funds for implementation of best management practices. These |
| 193 | funds shall not be used to abrogate the financial responsibility |
| 194 | of those point and nonpoint sources that have contributed to the |
| 195 | degradation of water or land areas. Increased priority shall be |
| 196 | given by the department and the water management district |
| 197 | governing boards to those projects that have secured a cost- |
| 198 | sharing agreement allocating responsibility for the cleanup of |
| 199 | point and nonpoint sources. |
| 200 | 2. Twenty-five percent for the purposes of funding |
| 201 | projects pursuant to ss. 373.451-373.459 or surface water |
| 202 | restoration activities in water-management-district-designated |
| 203 | priority water bodies. The Secretary of Environmental Protection |
| 204 | shall ensure that each water management district receives the |
| 205 | following percentage of funds annually: |
| 206 | a. Thirty-five percent to the South Florida Water |
| 207 | Management District; |
| 208 | b. Twenty-five percent to the Southwest Florida Water |
| 209 | Management District; |
| 210 | c. Twenty-five percent to the St. Johns River Water |
| 211 | Management District; |
| 212 | d. Seven and one-half percent to the Suwannee River Water |
| 213 | Management District; and |
| 214 | e. Seven and one-half percent to the Northwest Florida |
| 215 | Water Management District. |
| 216 | 3. Twenty-five percent to the Department of Environmental |
| 217 | Protection for the Disadvantaged Small Community Wastewater |
| 218 | Grant Program as provided in s. 403.1838. |
| 219 |
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| 220 | Prior to the end of the 2008 Regular Session, the Legislature |
| 221 | must review the distribution of funds under the Water Protection |
| 222 | and Sustainability Program to determine if revisions to the |
| 223 | funding formula are required. At the discretion of the President |
| 224 | of the Senate and the Speaker of the House of Representatives, |
| 225 | the appropriate substantive committees of the Legislature may |
| 226 | conduct an interim project to review the Water Protection and |
| 227 | Sustainability Program and the funding formula and make written |
| 228 | recommendations to the Legislature proposing necessary changes, |
| 229 | if any. |
| 230 | Section 4. For the purpose of incorporating the amendment |
| 231 | made by this act to section 201.15, Florida Statutes, in a |
| 232 | reference thereto, subsection (1) of section 403.891, Florida |
| 233 | Statutes, is reenacted to read: |
| 234 | 403.891 Water Protection and Sustainability Program Trust |
| 235 | Fund of the Department of Environmental Protection.-- |
| 236 | (1) The Water Protection and Sustainability Program Trust |
| 237 | Fund is created within the Department of Environmental |
| 238 | Protection. The purpose of the trust fund is to receive funds |
| 239 | pursuant to s. 201.15(1)(d)2., funds from other sources provided |
| 240 | for in law and the General Appropriations Act, and funds |
| 241 | received by the department in order to implement the provisions |
| 242 | of the Water Sustainability and Protection Program created in s. |
| 243 | 403.890. |
| 244 | Section 5. Section 403.8911, Florida Statutes, is amended |
| 245 | to read: |
| 246 | 403.8911 Annual appropriation from the Water Protection |
| 247 | and Sustainability Program Trust Fund.-- |
| 248 | (1) Funds paid into the Water Protection and |
| 249 | Sustainability Program Trust Fund pursuant to s. 201.15(1)(d) |
| 250 | are hereby annually appropriated for expenditure for the |
| 251 | purposes for which the Water Protection and Sustainability |
| 252 | Program Trust Fund is established. |
| 253 | (2) If the Water Protection and Sustainability Trust Fund |
| 254 | is not created, such funds are hereby annually appropriated for |
| 255 | expenditure from the Ecosystem Management and Restoration Trust |
| 256 | Fund solely for the purposes established in s. 403.890. |
| 257 | Section 6. This act shall take effect upon becoming a law. |
| 258 |
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| 259 |
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| 260 | ======= T I T L E A M E N D M E N T ========== |
| 261 | Remove the entire title and insert: |
| 262 | A bill to be entitled |
| 263 | An act relating to distribution of proceeds from excise |
| 264 | tax on documents; amending s. 201.15, F.S.; revising the |
| 265 | amounts of excise taxes on documents distributed to the |
| 266 | Water Protection and Sustainability Program Trust Fund; |
| 267 | amending s. 403.890, F.S.; revising amounts distributed by |
| 268 | the Department of Environmental Protection from the Water |
| 269 | Protection and Sustainability Program Trust Fund; |
| 270 | reenacting s. 403.891(1), F.S., relating to the Water |
| 271 | Protection and Sustainability Program Trust Fund of the |
| 272 | Department of Environmental Protection; amending ss. |
| 273 | 373.1961 and 403.8911, F.S.; correcting a trust fund name; |
| 274 | removing an obsolete provision; providing an effective |
| 275 | date. |