Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: AD/2R            .                    
       10/12/2007 12:07 PM         .                    
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11  The Conference Committee on CS for SB 24-C recommended the
12  following amendment:
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14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (d) of subsection (1) and
19  subsections (5) and (6) of section 201.15, Florida Statutes,
20  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         (d)  The remainder of the moneys distributed under this
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Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 subsection, after the required payments under paragraphs (a), 2 (b), and (c), shall be paid into the State Treasury to the 3 credit of: 4 1. The State Transportation Trust Fund in the 5 Department of Transportation in the amount of $541.75 million 6 in each fiscal year, to be paid in quarterly installments and 7 used for the following specified purposes, notwithstanding any 8 other law to the contrary: 9 a. For the purposes of capital funding for the New 10 Starts Transit Program, authorized by Title 49, U.S.C. s. 5309 11 and specified in s. 341.051, 10 percent of these funds; 12 b. For the purposes of the Small County Outreach 13 Program specified in s. 339.2818, 5 percent of these funds; 14 c. For the purposes of the Strategic Intermodal System 15 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 16 percent of these funds after allocating for the New Starts 17 Transit Program described in sub-subparagraph a. and the Small 18 County Outreach Program described in sub-subparagraph b.; and 19 d. For the purposes of the Transportation Regional 20 Incentive Program specified in s. 339.2819, 25 percent of 21 these funds after allocating for the New Starts Transit 22 Program described in sub-subparagraph a. and the Small County 23 Outreach Program described in sub-subparagraph b. 24 2. For the 2007-2008 fiscal year and each fiscal year 25 thereafter, the Water Protection and Sustainability Program 26 Trust Fund in the Department of Environmental Protection in 27 the amount of $80 $100 million in each fiscal year, to be paid 28 in quarterly installments and used as required by s. 403.890. 29 3. The Grants and Donations Trust Fund in the 30 Department of Community Affairs in the amount of $3.25 million 31 in each fiscal year to be paid in monthly installments, with 2 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 $3 million to be used to fund technical assistance to local 2 governments and school boards on the requirements and 3 implementation of this act and $250,000 to be used to fund the 4 Century Commission established in s. 163.3247. 5 6 Moneys distributed pursuant to this paragraph may not be 7 pledged for debt service unless such pledge is approved by 8 referendum of the voters. 9 (5)a. For the 2007-2008 fiscal year, 3.96 Four and 10 two-tenths percent of the remaining taxes collected under this 11 chapter shall be paid into the State Treasury to the credit of 12 the Conservation and Recreation Lands Trust Fund to carry out 13 the purposes set forth in s. 259.032. Ten and five-hundreths 14 Nine and one-half percent of the amount credited to the 15 Conservation and Recreation Lands Trust Fund pursuant to this 16 subsection shall be transferred to the State Game Trust Fund 17 and used for land management activities. 18 b. Beginning July 1, 2008, 3.52 percent of the 19 remaining taxes collected under this chapter shall be paid 20 into the State Treasury to the credit of the Conservation and 21 Recreation Lands Trust Fund to carry out the purposes set 22 forth in s. 259.032. Eleven and fifteen hundredths percent of 23 the amount credited to the Conservation and Recreation Lands 24 Trust Fund pursuant to this subsection shall be transferred to 25 the State Game Trust Fund and used for land management 26 activities. 27 (6) The lesser of two and twenty-eight hundredths 28 percent of the remaining taxes collected under this chapter or 29 $34.1 $36.1 million in each fiscal year shall be paid into the 30 State Treasury to the credit of the Invasive Plant Control 31 Trust Fund to carry out the purposes set forth in ss. 369.22 3 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 and 369.252 and for water projects as provided in the General 2 Appropriations Act. 3 Section 2. Section 403.890, Florida Statutes, is 4 amended to read: 5 403.890 Water Protection and Sustainability Program; 6 intent; goals; purposes.-- 7 (1) Effective July 1, 2006, revenues transferred from 8 the Department of Revenue pursuant to s. 201.15(1)(d)2. shall 9 be deposited into the Water Protection and Sustainability 10 Program Trust Fund in the Department of Environmental 11 Protection. These revenues and any other additional revenues 12 deposited into or appropriated to the Water Protection and 13 Sustainability Trust Fund shall be distributed by the 14 Department of Environmental Protection in the following 15 manner: 16 (a) Sixty percent to the Department of Environmental 17 Protection for the implementation of an alternative water 18 supply program as provided in s. 373.1961. 19 (b) Twenty percent for the implementation of best 20 management practices and capital project expenditures 21 necessary for the implementation of the goals of the total 22 maximum daily loads program established in s. 403.067. Of 23 these funds, 85 percent shall be transferred to the credit of 24 the Department of Environmental Protection Water Quality 25 Assurance Trust Fund to address water quality impacts 26 associated with nonagricultural nonpoint sources. Fifteen 27 percent of these funds shall be transferred to the Department 28 of Agriculture and Consumer Services General Inspection Trust 29 Fund to address water quality impacts associated with 30 agricultural nonpoint sources. These funds shall be used for 31 research, development, demonstration, and implementation of 4 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 the total maximum daily load program under s. 403.067, 2 suitable best management practices or other measures used to 3 achieve water quality standards in surface waters and water 4 segments identified pursuant to s. 303(d) of the Clean Water 5 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. 6 Implementation of best management practices and other measures 7 may include cost-share grants, technical assistance, 8 implementation tracking, and conservation leases or other 9 agreements for water quality improvement. The Department of 10 Environmental Protection and the Department of Agriculture and 11 Consumer Services may adopt rules governing the distribution 12 of funds for implementation of capital projects, best 13 management practices, and other measures. These funds shall 14 not be used to abrogate the financial responsibility of those 15 point and nonpoint sources that have contributed to the 16 degradation of water or land areas. Increased priority shall 17 be given by the department and the water management district 18 governing boards to those projects that have secured a 19 cost-sharing agreement allocating responsibility for the 20 cleanup of point and nonpoint sources. 21 (c) Ten percent shall be disbursed for the purposes of 22 funding projects pursuant to ss. 373.451-373.459 or surface 23 water restoration activities in 24 water-management-district-designated priority water bodies. 25 The Secretary of Environmental Protection shall ensure that 26 each water management district receives the following 27 percentage of funds annually: 28 1. Thirty-five percent to the South Florida Water 29 Management District; 30 2. Twenty-five percent to the Southwest Florida Water 31 Management District; 5 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 3. Twenty-five percent to the St. Johns River Water 2 Management District; 3 4. Seven and one-half percent to the Suwannee River 4 Water Management District; and 5 5. Seven and one-half percent to the Northwest Florida 6 Water Management District. 7 (d) Ten percent to the Department of Environmental 8 Protection for the Disadvantaged Small Community Wastewater 9 Grant Program as provided in s. 403.1838. 10 (e) Beginning June 30, 2007, and every 24 months 11 thereafter, the Department of Environmental Protection shall 12 request the return of all unencumbered funds distributed 13 pursuant to this section. These funds shall be deposited into 14 the Water Protection and Sustainability Program Trust Fund and 15 redistributed pursuant to the provisions of this section. 16 (2) Applicable beginning in the 2007-2008 fiscal year, 17 revenues transferred from the Department of Revenue pursuant 18 to s. 201.15(1)(d)2. shall be deposited into the Water 19 Protection and Sustainability Program Trust Fund in the 20 Department of Environmental Protection. These revenues and any 21 other additional revenues deposited into or appropriated to 22 the Water Protection and Sustainability Trust Fund shall be 23 distributed by the Department of Environmental Protection in 24 the following manner: 25 (a) Sixty-five percent to the Department of 26 Environmental Protection for the implementation of an 27 alternative water supply program as provided in s. 373.1961. 28 (b) Twenty-two and five-tenths percent for the 29 implementation of best management practices and capital 30 project expenditures necessary for the implementation of the 31 goals of the total maximum daily loads program established in 6 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 s. 403.067. Of these funds, 83.33 percent shall be transferred 2 to the credit of the Department of Environmental Protection 3 Water Quality Assurance Trust Fund to address water quality 4 impacts associated with nonagricultural nonpoint sources. 5 Sixteen and sixty-seven hundredths percent of these funds 6 shall be transferred to the Department of Agriculture and 7 Consumer Services General Inspection Trust Fund to address 8 water quality impacts associated with agricultural nonpoint 9 sources. These funds shall be used for research, development, 10 demonstration, and implementation of the total maximum daily 11 load program under s. 403.067, suitable best management 12 practices or other measures used to achieve water quality 13 standards in surface waters and water segments identified 14 pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 15 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best 16 management practices and other measures may include cost-share 17 grants, technical assistance, implementation tracking, and 18 conservation leases or other agreements for water quality 19 improvement. The Department of Environmental Protection and 20 the Department of Agriculture and Consumer Services may adopt 21 rules governing the distribution of funds for implementation 22 of capital projects, best management practices, and other 23 measures. These funds shall not be used to abrogate the 24 financial responsibility of those point and nonpoint sources 25 that have contributed to the degradation of water or land 26 areas. Increased priority shall be given by the department and 27 the water management district governing boards to those 28 projects that have secured a cost-sharing agreement allocating 29 responsibility for the cleanup of point and nonpoint sources. 30 (c) Twelve and five-tenths percent to the Department 31 of Environmental Protection for the Disadvantaged Small 7 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 Community Wastewater Grant Program as provided in s. 403.1838. 2 (d) On June 30, 2009, and every 24 months thereafter, 3 the Department of Environmental Protection shall request the 4 return of all unencumbered funds distributed pursuant to this 5 section. These funds shall be deposited into the Water 6 Protection and Sustainability Program Trust Fund and 7 redistributed pursuant to the provisions of this section. 8 (3)(2) For fiscal year 2005-2006, funds deposited or 9 appropriated into the Water Protection and Sustainability 10 Trust Fund shall be distributed as follows: 11 (a) One hundred million dollars to the Department of 12 Environmental Protection for the implementation of an 13 alternative water supply program as provided in s. 373.1961. 14 (b) Funds remaining after the distribution provided 15 for in subsection (1) shall be distributed as follows: 16 1. Fifty percent for the implementation of best 17 management practices and capital project expenditures 18 necessary for the implementation of the goals of the total 19 maximum daily loads program established in s. 403.067. Of 20 these funds, 85 percent shall be transferred to the credit of 21 the Department of Environmental Protection Water Quality 22 Assurance Trust Fund to address water quality impacts 23 associated with nonagricultural nonpoint sources. Fifteen 24 percent of these funds shall be transferred to the Department 25 of Agriculture and Consumer Services General Inspection Trust 26 Fund to address water quality impacts associated with 27 agricultural nonpoint sources. These funds shall be used for 28 research, development, demonstration, and implementation of 29 suitable best management practices or other measures used to 30 achieve water quality standards in surface waters and water 31 segments identified pursuant to s. 303(d) of the Clean Water 8 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. 2 Implementation of best management practices and other measures 3 may include cost-share grants, technical assistance, 4 implementation tracking, and conservation leases or other 5 agreements for water quality improvement. The Department of 6 Environmental Protection and the Department of Agriculture and 7 Consumer Services may adopt rules governing the distribution 8 of funds for implementation of best management practices. 9 These funds shall not be used to abrogate the financial 10 responsibility of those point and nonpoint sources that have 11 contributed to the degradation of water or land areas. 12 Increased priority shall be given by the department and the 13 water management district governing boards to those projects 14 that have secured a cost-sharing agreement allocating 15 responsibility for the cleanup of point and nonpoint sources. 16 2. Twenty-five percent for the purposes of funding 17 projects pursuant to ss. 373.451-373.459 or surface water 18 restoration activities in water-management-district-designated 19 priority water bodies. The Secretary of Environmental 20 Protection shall ensure that each water management district 21 receives the following percentage of funds annually: 22 a. Thirty-five percent to the South Florida Water 23 Management District; 24 b. Twenty-five percent to the Southwest Florida Water 25 Management District; 26 c. Twenty-five percent to the St. Johns River Water 27 Management District; 28 d. Seven and one-half percent to the Suwannee River 29 Water Management District; and 30 e. Seven and one-half percent to the Northwest Florida 31 Water Management District. 9 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 3. Twenty-five percent to the Department of 2 Environmental Protection for the Disadvantaged Small Community 3 Wastewater Grant Program as provided in s. 403.1838. 4 5 Prior to the end of the 2008 Regular Session, the Legislature 6 must review the distribution of funds under the Water 7 Protection and Sustainability Program to determine if 8 revisions to the funding formula are required. At the 9 discretion of the President of the Senate and the Speaker of 10 the House of Representatives, the appropriate substantive 11 committees of the Legislature may conduct an interim project 12 to review the Water Protection and Sustainability Program and 13 the funding formula and make written recommendations to the 14 Legislature proposing necessary changes, if any. 15 (4)(3) In addition to the uses allowed in subsection 16 (2) (1) for the 2007-2008 fiscal year, interest earnings 17 accumulated in the Water Protection and Sustainability Program 18 Trust Fund shall be transferred to the Ecosystem Management 19 and Restoration Trust Fund for grants and aids to local 20 governments for water projects as provided in the General 21 Appropriations Act. This subsection expires July 1, 2008. 22 Section 3. To the extent that revenues have been 23 distributed before November 1, 2007, in excess of the amounts 24 authorized in s. 403.892(2), Florida Statutes, as amended by 25 this act, the Department of Environmental Protection shall 26 reallocate the funds so that the total distribution in the 27 2007-2008 fiscal year is consistent with the distribution set 28 forth in s. 403.890(2), Florida Statutes, as amended by this 29 act. 30 Section 4. This act shall take effect upon becoming a 31 law. 10 11:13 AM 10/08/07 c0024Cc2d-01
Florida Senate - 2007 CONFERENCE COMMITTEE AMENDMENT Bill No. CS for SB 24-C Barcode 430156 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to trust funds; amending s. 8 201.15, F.S.; revising the amount of revenue 9 from the excise tax which is deposited into the 10 Water Protection and Sustainability Program 11 Trust Fund, the Conservation and Recreation 12 Lands Trust Fund, and the Invasive Plant 13 Control Trust Fund in the Department of 14 Environmental Protection and the State Game 15 Trust Fund in the Fish and Wildlife 16 Conservation Commission; amending s. 403.890, 17 F.S.; revising the distribution of funds into 18 the Water Protection and Sustainability Program 19 Trust Fund to conform to changes made by the 20 act; requiring the Department of Environmental 21 Protection to reallocate funds to conform to 22 changes in distributions made by the act; 23 providing an effective date. 24 25 26 27 28 29 30 31 11 11:13 AM 10/08/07 c0024Cc2d-01