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