Senate Bill sb0024Cc1

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    Florida Senate - 2007                           CS for SB 24-C

    By the Committee on General Government Appropriations; and
    Senator Alexander




    601-452-08

  1                      A bill to be entitled

  2         An act relating to trust funds; amending s.

  3         201.15, F.S.; revising the amount of revenue

  4         from the excise tax which is deposited into the

  5         Water Protection and Sustainability Program

  6         Trust Fund, the Conservation and Recreation

  7         Lands Trust Fund, and the Invasive Plant

  8         Control Trust Fund in the Department of

  9         Environmental Protection and the State Game

10         Trust Fund and the Marine Resources

11         Conservation Trust Fund in the Fish and

12         Wildlife Conservation Commission; repealing s.

13         370.0603(3)(a), F.S., relating to the use of

14         funds distributed from the Marine Resources

15         Conservation Trust Fund; amending s. 403.890,

16         F.S.; revising the distribution of funds into

17         the Water Protection and Sustainability Program

18         Trust Fund to conform to changes made by the

19         act; requiring the Department of Environmental

20         Protection to reallocate funds to conform to

21         changes in distributions made by the act;

22         providing effective dates.

23  

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

25  

26         Section 1.  Paragraph (d) of subsection (1) and

27  subsections (5), (6), and (11) of section 201.15, Florida

28  Statutes, are amended to read:

29         201.15  Distribution of taxes collected.--All taxes

30  collected under this chapter shall be distributed as follows

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

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    Florida Senate - 2007                           CS for SB 24-C
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 1  215.20(1), except that such service charge shall not be levied

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

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

 4  required to pay any amounts relating to the bonds:

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

 6  the remaining taxes collected under this chapter shall be used

 7  for the following purposes:

 8         (d)  The remainder of the moneys distributed under this

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

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

11  credit of:

12         1.  The State Transportation Trust Fund in the

13  Department of Transportation in the amount of $541.75 million

14  in each fiscal year, to be paid in quarterly installments and

15  used for the following specified purposes, notwithstanding any

16  other law to the contrary:

17         a.  For the purposes of capital funding for the New

18  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

19  and specified in s. 341.051, 10 percent of these funds;

20         b.  For the purposes of the Small County Outreach

21  Program specified in s. 339.2818, 5 percent of these funds;

22         c.  For the purposes of the Strategic Intermodal System

23  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

24  percent of these funds after allocating for the New Starts

25  Transit Program described in sub-subparagraph a. and the Small

26  County Outreach Program described in sub-subparagraph b.; and

27         d.  For the purposes of the Transportation Regional

28  Incentive Program specified in s. 339.2819, 25 percent of

29  these funds after allocating for the New Starts Transit

30  Program described in sub-subparagraph a. and the Small County

31  Outreach Program described in sub-subparagraph b.

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    Florida Senate - 2007                           CS for SB 24-C
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 1         2.  For the 2007-2008 fiscal year and each fiscal year

 2  thereafter, the Water Protection and Sustainability Program

 3  Trust Fund in the Department of Environmental Protection in

 4  the amount of $80 $100 million in each fiscal year, to be paid

 5  in quarterly installments and used as required by s. 403.890.

 6         3.  The Grants and Donations Trust Fund in the

 7  Department of Community Affairs in the amount of $3.25 million

 8  in each fiscal year to be paid in monthly installments, with

 9  $3 million to be used to fund technical assistance to local

10  governments and school boards on the requirements and

11  implementation of this act and $250,000 to be used to fund the

12  Century Commission established in s. 163.3247.

13  

14  Moneys distributed pursuant to this paragraph may not be

15  pledged for debt service unless such pledge is approved by

16  referendum of the voters.

17         (5)a.  For the 2007-2008 fiscal year, 3.87 Four and

18  two-tenths percent of the remaining taxes collected under this

19  chapter shall be paid into the State Treasury to the credit of

20  the Conservation and Recreation Lands Trust Fund to carry out

21  the purposes set forth in s. 259.032. Ten and two-tenths Nine

22  and one-half percent of the amount credited to the

23  Conservation and Recreation Lands Trust Fund pursuant to this

24  subsection shall be transferred to the State Game Trust Fund

25  and used for land management activities.

26         b.  Beginning July 1, 2008, 3.52 percent of the

27  remaining taxes collected under this chapter shall be paid

28  into the State Treasury to the credit of the Conservation and

29  Recreation Lands Trust Fund to carry out the purposes set

30  forth in s. 259.032. Eleven and fifteen hundredths percent of

31  the amount credited to the Conservation and Recreation Lands

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    Florida Senate - 2007                           CS for SB 24-C
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 1  Trust Fund pursuant to this subsection shall be transferred to

 2  the State Game Trust Fund and used for land management

 3  activities.

 4         (6)  The lesser of two and twenty-eight hundredths

 5  percent of the remaining taxes collected under this chapter or

 6  $34.25 $36.1 million in each fiscal year shall be paid into

 7  the State Treasury to the credit of the Invasive Plant Control

 8  Trust Fund to carry out the purposes set forth in ss. 369.22

 9  and 369.252 and for water projects as provided in the General

10  Appropriations Act.

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

12  and (2)(a) and prior to deposit of any moneys into the General

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

14  Treasury to the credit of the Ecosystem Management and

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

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

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

18  161.091-161.212, $850,000 $2 million shall be paid into the

19  State Treasury to the credit of the Marine Resources

20  Conservation Trust Fund to be used for marine mammal care as

21  provided in s. 370.0603(3), and $300,000 shall be paid into

22  the State Treasury to the credit of the General Inspection

23  Trust Fund in fiscal year 2006-2007 and each fiscal year

24  thereafter, to be used to fund oyster management and

25  restoration programs as provided in s. 370.07(3).

26         Section 2.  Effective July 1, 2008, subsection (6) of

27  section 201.15, Florida Statutes, as amended by section 43 of

28  chapter 2007-73, Laws of Florida, is amended to read:

29         201.15  Distribution of taxes collected.--All taxes

30  collected under this chapter shall be distributed as follows

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

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    Florida Senate - 2007                           CS for SB 24-C
    601-452-08




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

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

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

 4  required to pay any amounts relating to the bonds:

 5         (6)  Beginning July 1, 2008, the lesser of two and

 6  twenty-eight hundredths percent of the remaining taxes

 7  collected under this chapter or $32.25 $36.1 million in each

 8  fiscal year shall be paid into the State Treasury to the

 9  credit of the Invasive Plant Control Trust Fund to carry out

10  the purposes set forth in ss. 369.22 and 369.252.

11         Section 3.  Paragraph (a) of subsection (3) of section

12  370.0603, Florida Statutes, is repealed.

13         Section 4.  Section 403.890, Florida Statutes, is

14  amended to read:

15         403.890  Water Protection and Sustainability Program;

16  intent; goals; purposes.--

17         (1)  Effective July 1, 2006, revenues transferred from

18  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall

19  be deposited into the Water Protection and Sustainability

20  Program Trust Fund in the Department of Environmental

21  Protection. These revenues and any other additional revenues

22  deposited into or appropriated to the Water Protection and

23  Sustainability Trust Fund shall be distributed by the

24  Department of Environmental Protection in the following

25  manner:

26         (a)  Sixty percent to the Department of Environmental

27  Protection for the implementation of an alternative water

28  supply program as provided in s. 373.1961.

29         (b)  Twenty percent for the implementation of best

30  management practices and capital project expenditures

31  necessary for the implementation of the goals of the total

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    Florida Senate - 2007                           CS for SB 24-C
    601-452-08




 1  maximum daily loads program established in s. 403.067. Of

 2  these funds, 85 percent shall be transferred to the credit of

 3  the Department of Environmental Protection Water Quality

 4  Assurance Trust Fund to address water quality impacts

 5  associated with nonagricultural nonpoint sources. Fifteen

 6  percent of these funds shall be transferred to the Department

 7  of Agriculture and Consumer Services General Inspection Trust

 8  Fund to address water quality impacts associated with

 9  agricultural nonpoint sources. These funds shall be used for

10  research, development, demonstration, and implementation of

11  the total maximum daily load program under s. 403.067,

12  suitable best management practices or other measures used to

13  achieve water quality standards in surface waters and water

14  segments identified pursuant to s. 303(d) of the Clean Water

15  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

16  Implementation of best management practices and other measures

17  may include cost-share grants, technical assistance,

18  implementation tracking, and conservation leases or other

19  agreements for water quality improvement. The Department of

20  Environmental Protection and the Department of Agriculture and

21  Consumer Services may adopt rules governing the distribution

22  of funds for implementation of capital projects, best

23  management practices, and other measures. These funds shall

24  not be used to abrogate the financial responsibility of those

25  point and nonpoint sources that have contributed to the

26  degradation of water or land areas. Increased priority shall

27  be given by the department and the water management district

28  governing boards to those projects that have secured a

29  cost-sharing agreement allocating responsibility for the

30  cleanup of point and nonpoint sources.

31  

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    Florida Senate - 2007                           CS for SB 24-C
    601-452-08




 1         (c)  Ten percent shall be disbursed for the purposes of

 2  funding projects pursuant to ss. 373.451-373.459 or surface

 3  water restoration activities in

 4  water-management-district-designated priority water bodies.

 5  The Secretary of Environmental Protection shall ensure that

 6  each water management district receives the following

 7  percentage of funds annually:

 8         1.  Thirty-five percent to the South Florida Water

 9  Management District;

10         2.  Twenty-five percent to the Southwest Florida Water

11  Management District;

12         3.  Twenty-five percent to the St. Johns River Water

13  Management District;

14         4.  Seven and one-half percent to the Suwannee River

15  Water Management District; and

16         5.  Seven and one-half percent to the Northwest Florida

17  Water Management District.

18         (d)  Ten percent to the Department of Environmental

19  Protection for the Disadvantaged Small Community Wastewater

20  Grant Program as provided in s. 403.1838.

21         (e)  Beginning June 30, 2007, and every 24 months

22  thereafter, the Department of Environmental Protection shall

23  request the return of all unencumbered funds distributed

24  pursuant to this section.  These funds shall be deposited into

25  the Water Protection and Sustainability Program Trust Fund and

26  redistributed pursuant to the provisions of this section.

27         (2)  Applicable beginning in the 2007-2008 fiscal year,

28  revenues transferred from the Department of Revenue pursuant

29  to s. 201.15(1)(d)2. shall be deposited into the Water

30  Protection and Sustainability Program Trust Fund in the

31  Department of Environmental Protection. These revenues and any

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    Florida Senate - 2007                           CS for SB 24-C
    601-452-08




 1  other additional revenues deposited into or appropriated to

 2  the Water Protection and Sustainability Trust Fund shall be

 3  distributed by the Department of Environmental Protection in

 4  the following manner:

 5         (a)  Sixty-five percent to the Department of

 6  Environmental Protection for the implementation of an

 7  alternative water supply program as provided in s. 373.1961.

 8         (b)  Twenty-two and five-tenths percent for the

 9  implementation of best management practices and capital

10  project expenditures necessary for the implementation of the

11  goals of the total maximum daily loads program established in

12  s. 403.067. Of these funds, 83.33 percent shall be transferred

13  to the credit of the Department of Environmental Protection

14  Water Quality Assurance Trust Fund to address water quality

15  impacts associated with nonagricultural nonpoint sources.

16  Sixteen and sixty-seven hundredths percent of these funds

17  shall be transferred to the Department of Agriculture and

18  Consumer Services General Inspection Trust Fund to address

19  water quality impacts associated with agricultural nonpoint

20  sources. These funds shall be used for research, development,

21  demonstration, and implementation of the total maximum daily

22  load program under s. 403.067, suitable best management

23  practices or other measures used to achieve water quality

24  standards in surface waters and water segments identified

25  pursuant to s. 303(d) of the Clean Water Act, Pub. L. No.

26  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

27  management practices and other measures may include cost-share

28  grants, technical assistance, implementation tracking, and

29  conservation leases or other agreements for water quality

30  improvement. The Department of Environmental Protection and

31  the Department of Agriculture and Consumer Services may adopt

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    Florida Senate - 2007                           CS for SB 24-C
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 1  rules governing the distribution of funds for implementation

 2  of capital projects, best management practices, and other

 3  measures. These funds shall not be used to abrogate the

 4  financial responsibility of those point and nonpoint sources

 5  that have contributed to the degradation of water or land

 6  areas. Increased priority shall be given by the department and

 7  the water management district governing boards to those

 8  projects that have secured a cost-sharing agreement allocating

 9  responsibility for the cleanup of point and nonpoint sources.

10         (c)  Twelve and five-tenths percent to the Department

11  of Environmental Protection for the Disadvantaged Small

12  Community Wastewater Grant Program as provided in s. 403.1838.

13         (d)  On June 30, 2009, and every 24 months thereafter,

14  the Department of Environmental Protection shall request the

15  return of all unencumbered funds distributed pursuant to this

16  section. These funds shall be deposited into the Water

17  Protection and Sustainability Program Trust Fund and

18  redistributed pursuant to the provisions of this section.

19         (3)(2)  For fiscal year 2005-2006, funds deposited or

20  appropriated into the Water Protection and Sustainability

21  Trust Fund shall be distributed as follows:

22         (a)  One hundred million dollars to the Department of

23  Environmental Protection for the implementation of an

24  alternative water supply program as provided in s. 373.1961.

25         (b)  Funds remaining after the distribution provided

26  for in subsection (1) shall be distributed as follows:

27         1.  Fifty percent for the implementation of best

28  management practices and capital project expenditures

29  necessary for the implementation of the goals of the total

30  maximum daily loads program established in s. 403.067. Of

31  these funds, 85 percent shall be transferred to the credit of

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    Florida Senate - 2007                           CS for SB 24-C
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 1  the Department of Environmental Protection Water Quality

 2  Assurance Trust Fund to address water quality impacts

 3  associated with nonagricultural nonpoint sources. Fifteen

 4  percent of these funds shall be transferred to the Department

 5  of Agriculture and Consumer Services General Inspection Trust

 6  Fund to address water quality impacts associated with

 7  agricultural nonpoint sources. These funds shall be used for

 8  research, development, demonstration, and implementation of

 9  suitable best management practices or other measures used to

10  achieve water quality standards in surface waters and water

11  segments identified pursuant to s. 303(d) of the Clean Water

12  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.

13  Implementation of best management practices and other measures

14  may include cost-share grants, technical assistance,

15  implementation tracking, and conservation leases or other

16  agreements for water quality improvement.  The Department of

17  Environmental Protection and the Department of Agriculture and

18  Consumer Services may adopt rules governing the distribution

19  of funds for implementation of best management practices.

20  These funds shall not be used to abrogate the financial

21  responsibility of those point and nonpoint sources that have

22  contributed to the degradation of water or land areas.

23  Increased priority shall be given by the department and the

24  water management district governing boards to those projects

25  that have secured a cost-sharing agreement allocating

26  responsibility for the cleanup of point and nonpoint sources.

27         2.  Twenty-five percent for the purposes of funding

28  projects pursuant to ss. 373.451-373.459 or surface water

29  restoration activities in water-management-district-designated

30  priority water bodies. The Secretary of Environmental

31  

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    Florida Senate - 2007                           CS for SB 24-C
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 1  Protection shall ensure that each water management district

 2  receives the following percentage of funds annually:

 3         a.  Thirty-five percent to the South Florida Water

 4  Management District;

 5         b.  Twenty-five percent to the Southwest Florida Water

 6  Management District;

 7         c.  Twenty-five percent to the St. Johns River Water

 8  Management District;

 9         d.  Seven and one-half percent to the Suwannee River

10  Water Management District; and

11         e.  Seven and one-half percent to the Northwest Florida

12  Water Management District.

13         3.  Twenty-five percent to the Department of

14  Environmental Protection for the Disadvantaged Small Community

15  Wastewater Grant Program as provided in s. 403.1838.

16  

17  Prior to the end of the 2008 Regular Session, the Legislature

18  must review the distribution of funds under the Water

19  Protection and Sustainability Program to determine if

20  revisions to the funding formula are required. At the

21  discretion of the President of the Senate and the Speaker of

22  the House of Representatives, the appropriate substantive

23  committees of the Legislature may conduct an interim project

24  to review the Water Protection and Sustainability Program and

25  the funding formula and make written recommendations to the

26  Legislature proposing necessary changes, if any.

27         (4)(3)  In addition to the uses allowed in subsection

28  (2) (1) for the 2007-2008 fiscal year, interest earnings

29  accumulated in the Water Protection and Sustainability Program

30  Trust Fund shall be transferred to the Ecosystem Management

31  and Restoration Trust Fund for grants and aids to local

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    Florida Senate - 2007                           CS for SB 24-C
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 1  governments for water projects as provided in the General

 2  Appropriations Act. This subsection expires July 1, 2008.

 3         Section 5.  To the extent that revenues have been

 4  distributed before November 1, 2007, in excess of the amounts

 5  authorized in s. 403.892(2), Florida Statutes, as amended by

 6  this act, the Department of Environmental Protection shall

 7  reallocate the funds so that the total distribution in the

 8  2007-2008 fiscal year is consistent with the distribution set

 9  forth in s. 403.890(2), Florida Statutes, as amended by this

10  act.

11         Section 6.  Except as otherwise expressly provided in

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

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