HB 5005C

1
A bill to be entitled
2An act relating to distribution of proceeds from excise
3tax on documents; amending s. 201.15, F.S.; revising the
4amounts of excise taxes on documents distributed to the
5Water Protection and Sustainability Program Trust Fund;
6amending s. 403.890, F.S.; revising amounts distributed by
7the Department of Environmental Protection from the Water
8Protection and Sustainability Program Trust Fund;
9reenacting s. 403.891(1), F.S., relating to the Water
10Protection and Sustainability Program Trust Fund of the
11Department of Environmental Protection; amending ss.
12373.1961 and 403.8911, F.S.; correcting a trust fund name;
13removing an obsolete provision; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (d) of subsection (1) of section
19201.15, Florida Statutes, is amended to read:
20     201.15  Distribution of taxes collected.--All taxes
21collected under this chapter shall be distributed as follows and
22shall be subject to the service charge imposed in s. 215.20(1),
23except that such service charge shall not be levied against any
24portion of taxes pledged to debt service on bonds to the extent
25that the amount of the service charge is required to pay any
26amounts relating to the bonds:
27     (1)  Sixty-two and sixty-three hundredths percent of the
28remaining taxes collected under this chapter shall be used for
29the following purposes:
30     (d)  The remainder of the moneys distributed under this
31subsection, after the required payments under paragraphs (a),
32(b), and (c), shall be paid into the State Treasury to the
33credit of:
34     1.  The State Transportation Trust Fund in the Department
35of Transportation in the amount of $541.75 million in each
36fiscal year, to be paid in quarterly installments and used for
37the following specified purposes, notwithstanding any other law
38to the contrary:
39     a.  For the purposes of capital funding for the New Starts
40Transit Program, authorized by Title 49, U.S.C. s. 5309 and
41specified in s. 341.051, 10 percent of these funds;
42     b.  For the purposes of the Small County Outreach Program
43specified in s. 339.2818, 5 percent of these funds;
44     c.  For the purposes of the Strategic Intermodal System
45specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
46of these funds after allocating for the New Starts Transit
47Program described in sub-subparagraph a. and the Small County
48Outreach Program described in sub-subparagraph b.; and
49     d.  For the purposes of the Transportation Regional
50Incentive Program specified in s. 339.2819, 25 percent of these
51funds after allocating for the New Starts Transit Program
52described in sub-subparagraph a. and the Small County Outreach
53Program described in sub-subparagraph b.
54     2.  The Water Protection and Sustainability Program Trust
55Fund in the Department of Environmental Protection in the amount
56of $70 $100 million in fiscal year 2007-2008 and $60 million in
57each fiscal year thereafter, to be paid in quarterly
58installments and used as required by s. 403.890.
59     3.  The Grants and Donations Trust Fund in the Department
60of Community Affairs in the amount of $3.25 million in each
61fiscal year to be paid in monthly installments, with $3 million
62to be used to fund technical assistance to local governments and
63school boards on the requirements and implementation of this act
64and $250,000 to be used to fund the Century Commission
65established in s. 163.3247.
66
67Moneys distributed pursuant to this paragraph may not be pledged
68for debt service unless such pledge is approved by referendum of
69the voters.
70     Section 2.  Paragraph (b) of subsection (3) of section
71373.1961, Florida Statutes, is amended to read:
72     373.1961  Water production; general powers and duties;
73identification of needs; funding criteria; economic incentives;
74reuse funding.--
75     (3)  FUNDING.--
76     (b)  Beginning in fiscal year 2005-2006, the state shall
77annually provide a portion of those revenues deposited into the
78Water Protection and Sustainability Program Trust Fund for the
79purpose of providing funding assistance for the development of
80alternative water supplies pursuant to the Water Protection and
81Sustainability Program. At the beginning of each fiscal year,
82beginning with fiscal year 2005-2006, such revenues shall be
83distributed by the department into the alternative water supply
84trust fund accounts created by each district for the purpose of
85alternative water supply development under the following funding
86formula:
87     1.  Thirty percent to the South Florida Water Management
88District;
89     2.  Twenty-five percent to the Southwest Florida Water
90Management District;
91     3.  Twenty-five percent to the St. Johns River Water
92Management District;
93     4.  Ten percent to the Suwannee River Water Management
94District; and
95     5.  Ten percent to the Northwest Florida Water Management
96District.
97     Section 3.  Subsections (1) and (2) of section 403.890,
98Florida Statutes, are amended to read:
99     403.890  Water Protection and Sustainability Program;
100intent; goals; purposes.--
101     (1)  Effective July 1, 2006, revenues transferred from the
102Department of Revenue pursuant to s. 201.15(1)(d)2. shall be
103deposited into the Water Protection and Sustainability Program
104Trust Fund in the Department of Environmental Protection. These
105revenues and any other additional revenues deposited into or
106appropriated to the Water Protection and Sustainability Program
107Trust Fund shall be distributed by the Department of
108Environmental Protection in the following manner:
109     (a)  The sum of $42,750,000 in fiscal year 2007-2008 and
110$37 million in each fiscal year thereafter Sixty percent to the
111Department of Environmental Protection for the implementation of
112an alternative water supply program as provided in s. 373.1961.
113     (b)  The sum of $7,250,000 in fiscal year 2007-2008 and $3
114million in each fiscal year thereafter Twenty percent for the
115implementation of best management practices and capital project
116expenditures necessary for the implementation of the goals of
117the total maximum daily loads program established in s. 403.067.
118Of these funds, $4,250,000 85 percent shall be transferred to
119the credit of the Department of Environmental Protection Water
120Quality Assurance Trust Fund to address water quality impacts
121associated with nonagricultural nonpoint sources in fiscal year
1222007-2008. Fifteen percent Of these funds, $3 million in fiscal
123year 2007-2008 and $3 million in each fiscal year thereafter
124shall be transferred to the Department of Agriculture and
125Consumer Services General Inspection Trust Fund to address water
126quality impacts associated with agricultural nonpoint sources.
127These funds shall be used for research, development,
128demonstration, and implementation of the total maximum daily
129load program under s. 403.067, suitable best management
130practices or other measures used to achieve water quality
131standards in surface waters and water segments identified
132pursuant to s. 303(d) of the Clean Water Act, Pub. L. No. 92-
133500, 33 U.S.C. ss. 1251 et seq. Implementation of best
134management practices and other measures may include cost-share
135grants, technical assistance, implementation tracking, and
136conservation leases or other agreements for water quality
137improvement. The Department of Environmental Protection and the
138Department of Agriculture and Consumer Services may adopt rules
139governing the distribution of funds for implementation of
140capital projects, best management practices, and other measures.
141These funds shall not be used to abrogate the financial
142responsibility of those point and nonpoint sources that have
143contributed to the degradation of water or land areas. Increased
144priority shall be given by the department and the water
145management district governing boards to those projects that have
146secured a cost-sharing agreement allocating responsibility for
147the cleanup of point and nonpoint sources.
148     (c)  The sum of $10 million in each fiscal year Ten percent
149shall be disbursed for the purposes of funding projects pursuant
150to ss. 373.451-373.459 or surface water restoration activities
151in water-management-district-designated priority water bodies.
152The Secretary of Environmental Protection shall ensure that each
153water management district receives the following percentage of
154funds annually:
155     1.  Thirty-five percent to the South Florida Water
156Management District;
157     2.  Twenty-five percent to the Southwest Florida Water
158Management District;
159     3.  Twenty-five percent to the St. Johns River Water
160Management District;
161     4.  Seven and one-half percent to the Suwannee River Water
162Management District; and
163     5.  Seven and one-half percent to the Northwest Florida
164Water Management District.
165     (d)  The sum of $10 million in each fiscal year Ten percent
166to the Department of Environmental Protection for the
167Disadvantaged Small Community Wastewater Grant Program as
168provided in s. 403.1838.
169     (e)  Beginning June 30, 2007, and every 24 months
170thereafter, the Department of Environmental Protection shall
171request the return of all unencumbered funds distributed
172pursuant to this section. These funds shall be deposited into
173the Water Protection and Sustainability Program Trust Fund and
174redistributed pursuant to the provisions of this section.
175     (2)  For fiscal year 2005-2006, funds deposited or
176appropriated into the Water Protection and Sustainability
177Program Trust Fund shall be distributed as follows:
178     (a)  One hundred million dollars to the Department of
179Environmental Protection for the implementation of an
180alternative water supply program as provided in s. 373.1961.
181     (b)  Funds remaining after the distribution provided for in
182subsection (1) shall be distributed as follows:
183     1.  Fifty percent for the implementation of best management
184practices and capital project expenditures necessary for the
185implementation of the goals of the total maximum daily loads
186program established in s. 403.067. Of these funds, 85 percent
187shall be transferred to the credit of the Department of
188Environmental Protection Water Quality Assurance Trust Fund to
189address water quality impacts associated with nonagricultural
190nonpoint sources. Fifteen percent of these funds shall be
191transferred to the Department of Agriculture and Consumer
192Services General Inspection Trust Fund to address water quality
193impacts associated with agricultural nonpoint sources. These
194funds shall be used for research, development, demonstration,
195and implementation of suitable best management practices or
196other measures used to achieve water quality standards in
197surface waters and water segments identified pursuant to s.
198303(d) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss.
1991251 et seq. Implementation of best management practices and
200other measures may include cost-share grants, technical
201assistance, implementation tracking, and conservation leases or
202other agreements for water quality improvement. The Department
203of Environmental Protection and the Department of Agriculture
204and Consumer Services may adopt rules governing the distribution
205of funds for implementation of best management practices. These
206funds shall not be used to abrogate the financial responsibility
207of those point and nonpoint sources that have contributed to the
208degradation of water or land areas. Increased priority shall be
209given by the department and the water management district
210governing boards to those projects that have secured a cost-
211sharing agreement allocating responsibility for the cleanup of
212point and nonpoint sources.
213     2.  Twenty-five percent for the purposes of funding
214projects pursuant to ss. 373.451-373.459 or surface water
215restoration activities in water-management-district-designated
216priority water bodies. The Secretary of Environmental Protection
217shall ensure that each water management district receives the
218following percentage of funds annually:
219     a.  Thirty-five percent to the South Florida Water
220Management District;
221     b.  Twenty-five percent to the Southwest Florida Water
222Management District;
223     c.  Twenty-five percent to the St. Johns River Water
224Management District;
225     d.  Seven and one-half percent to the Suwannee River Water
226Management District; and
227     e.  Seven and one-half percent to the Northwest Florida
228Water Management District.
229     3.  Twenty-five percent to the Department of Environmental
230Protection for the Disadvantaged Small Community Wastewater
231Grant Program as provided in s. 403.1838.
232
233Prior to the end of the 2008 Regular Session, the Legislature
234must review the distribution of funds under the Water Protection
235and Sustainability Program to determine if revisions to the
236funding formula are required. At the discretion of the President
237of the Senate and the Speaker of the House of Representatives,
238the appropriate substantive committees of the Legislature may
239conduct an interim project to review the Water Protection and
240Sustainability Program and the funding formula and make written
241recommendations to the Legislature proposing necessary changes,
242if any.
243     Section 4.  For the purpose of incorporating the amendment
244made by this act to section 201.15, Florida Statutes, in a
245reference thereto, subsection (1) of section 403.891, Florida
246Statutes, is reenacted to read:
247     403.891  Water Protection and Sustainability Program Trust
248Fund of the Department of Environmental Protection.--
249     (1)  The Water Protection and Sustainability Program Trust
250Fund is created within the Department of Environmental
251Protection. The purpose of the trust fund is to receive funds
252pursuant to s. 201.15(1)(d)2., funds from other sources provided
253for in law and the General Appropriations Act, and funds
254received by the department in order to implement the provisions
255of the Water Sustainability and Protection Program created in s.
256403.890.
257     Section 5.  Section 403.8911, Florida Statutes, is amended
258to read:
259     403.8911  Annual appropriation from the Water Protection
260and Sustainability Program Trust Fund.--
261     (1)  Funds paid into the Water Protection and
262Sustainability Program Trust Fund pursuant to s. 201.15(1)(d)
263are hereby annually appropriated for expenditure for the
264purposes for which the Water Protection and Sustainability
265Program Trust Fund is established.
266     (2)  If the Water Protection and Sustainability Trust Fund
267is not created, such funds are hereby annually appropriated for
268expenditure from the Ecosystem Management and Restoration Trust
269Fund solely for the purposes established in s. 403.890.
270     Section 6.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.