1

The Conference Committee on CS for SB 1882 recommended the

2

following amendment:

3

4

     Conference Committee Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Subsection (1) of section 161.05301, Florida

8

Statutes, is amended to read:

9

     161.05301  Beach erosion control project staffing.--

10

     (1)  There are hereby appropriated to the Department of

11

Environmental Protection six positions and $449,918 for fiscal

12

year 1998-1999 from the Ecosystem Management and Restoration

13

Trust Fund from revenues provided by this act pursuant to s.

14

201.15 201.15(11). These positions and funding are provided to

15

assist local project sponsors, and shall be used to facilitate

16

and promote enhanced beach erosion control project

17

administration. Such staffing resources shall be directed toward

18

more efficient contract development and oversight, promoting

19

cost-sharing strategies and regional coordination or projects

20

among local governments, providing assistance to local

21

governments to ensure timely permit review, and improving billing

22

review and disbursement processes.

23

     Section 2.  Subsection (3) of section 161.091, Florida

24

Statutes, is amended to read:

25

     161.091  Beach management; funding; repair and maintenance

26

strategy.--

27

     (3)  In accordance with the intent expressed in s. 161.088

28

and the legislative finding that erosion of the beaches of this

29

state is detrimental to tourism, the state's major industry,

30

further exposes the state's highly developed coastline to severe

31

storm damage, and threatens beach-related jobs, which, if not

32

stopped, may could significantly reduce state sales tax revenues,

33

funds deposited into the State Treasury to the credit of the

34

Ecosystem Management and Restoration Trust Fund, in the annual

35

amounts provided in s. 201.15 201.15(11), shall be used, for a

36

period of not less than 15 years, to fund the development,

37

implementation, and administration of the state's beach

38

management plan, as provided in ss. 161.091-161.212, prior to the

39

use of such funds deposited pursuant to s. 201.15 201.15(11) in

40

that trust fund for any other purpose.

41

     Section 3.  Section 201.15, Florida Statutes, as amended by

42

section 43 of chapter 2007-73 and section 1 of chapter 2007-335,

43

Laws of Florida, is amended to read:

44

     201.15  Distribution of taxes collected.--All taxes

45

collected under this chapter are shall be distributed as follows

46

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

47

215.20(1). Prior to distribution under this section, the

48

Department of Revenue shall deduct amounts necessary to pay the

49

costs of the collection and enforcement of the tax levied by this

50

chapter., except that Such costs and the service charge may shall

51

not be levied against any portion of taxes pledged to debt

52

service on bonds to the extent that the costs and amount of the

53

service charge are is required to pay any amounts relating to the

54

bonds. All taxes remaining after deduction of costs and the

55

service charge shall be distributed as follows:

56

     (1) Sixty-three and thirty-one Sixty-two and sixty-three

57

hundredths percent of the remaining taxes collected under this

58

chapter shall be used for the following purposes:

59

     (a) Amounts as shall be necessary to pay the debt service

60

on, or fund debt service reserve funds, rebate obligations, or

61

other amounts payable with respect to Preservation 2000 bonds

62

issued pursuant to s. 375.051 and Florida Forever bonds issued

63

pursuant to s. 215.618, shall be paid into the State Treasury to

64

the credit of the Land Acquisition Trust Fund to be used for such

65

purposes. The amount transferred to the Land Acquisition Trust

66

Fund may shall not exceed $300 million in fiscal year 1999-2000

67

and thereafter for Preservation 2000 bonds and bonds issued to

68

refund Preservation 2000 bonds, and $300 million in fiscal year

69

2000-2001 and thereafter for Florida Forever bonds. The annual

70

amount transferred to the Land Acquisition Trust Fund for Florida

71

Forever bonds may shall not exceed $30 million in the first

72

fiscal year in which bonds are issued. The limitation on the

73

amount transferred shall be increased by an additional $30

74

million in each subsequent fiscal year, but may shall not exceed

75

a total of $300 million in any fiscal year for all bonds issued.

76

It is the intent of the Legislature that all bonds issued to fund

77

the Florida Forever Act be retired by December 31, 2030. Except

78

for bonds issued to refund previously issued bonds, no series of

79

bonds may be issued pursuant to this paragraph unless such bonds

80

are approved and the debt service for the remainder of the fiscal

81

year in which the bonds are issued is specifically appropriated

82

in the General Appropriations Act. For purposes of refunding

83

Preservation 2000 bonds, amounts designated within this section

84

for Preservation 2000 and Florida Forever bonds may be

85

transferred between the two programs to the extent provided for

86

in the documents authorizing the issuance of the bonds. The

87

Preservation 2000 bonds and Florida Forever bonds shall be

88

equally and ratably secured by moneys distributable to the Land

89

Acquisition Trust Fund pursuant to this section, except to the

90

extent specifically provided otherwise by the documents

91

authorizing the issuance of the bonds. No moneys transferred to

92

the Land Acquisition Trust Fund pursuant to this paragraph, or

93

earnings thereon, shall be used or made available to pay debt

94

service on the Save Our Coast revenue bonds.

95

     (b)  Moneys shall be paid into the State Treasury to the

96

credit of the Save Our Everglades Trust Fund in amounts necessary

97

to pay debt service, provide reserves, and pay rebate obligations

98

and other amounts due with respect to bonds issued under s.

99

215.619. Taxes distributed under paragraph (a) and this paragraph

100

must be collectively distributed on a pro rata basis when the

101

available moneys under this subsection are not sufficient to

102

cover the amounts required under paragraph (a) and this

103

paragraph.

104

     (c) The remainder of the moneys distributed under this

105

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

106

(b), shall be paid into the State Treasury to the credit of the

107

Land Acquisition Trust Fund and may be used for any purpose for

108

which funds deposited in the Land Acquisition Trust Fund may

109

lawfully be used. Payments made under this paragraph shall

110

continue until the cumulative amount credited to the Land

111

Acquisition Trust Fund for the fiscal year under this paragraph

112

and paragraph (2)(b) equals 70 percent of the current official

113

forecast for distributions of taxes collected under this chapter

114

pursuant to subsection (2). As used in this paragraph, the term

115

"current official forecast" means the most recent forecast as

116

determined by the Revenue Estimating Conference. If the current

117

official forecast for a fiscal year changes after payments under

118

this paragraph have ended during that fiscal year, no further

119

payments are required during the fiscal year.

120

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

121

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

122

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

123

of:

124

     1.  The State Transportation Trust Fund in the Department of

125

Transportation in the amount of the lesser of 38.2 percent of the

126

remainder or $541.75 million in each fiscal year, to be paid in

127

quarterly installments and used for the following specified

128

purposes, notwithstanding any other law to the contrary:

129

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

130

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

131

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

132

     b.  For the purposes of the Small County Outreach Program

133

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

134

     c.  For the purposes of the Strategic Intermodal System

135

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

136

of these funds after allocating for the New Starts Transit

137

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

138

Outreach Program described in sub-subparagraph b.; and

139

     d.  For the purposes of the Transportation Regional

140

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

141

funds after allocating for the New Starts Transit Program

142

described in sub-subparagraph a. and the Small County Outreach

143

Program described in sub-subparagraph b.

144

     2. For the 2007-2008 fiscal year and each fiscal year

145

thereafter, The Water Protection and Sustainability Program Trust

146

Fund in the Department of Environmental Protection in the amount

147

of the lesser of 5.64 percent of the remainder or $80 million in

148

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

149

as required by s. 403.890.

150

     3.  The Grants and Donations Trust Fund in the Department of

151

Community Affairs in the amount of the lesser of .23 percent of

152

the remainder or $3.25 million in each fiscal year to be paid in

153

monthly installments, with 92 percent $3 million to be used to

154

fund technical assistance to local governments and school boards

155

on the requirements and implementation of this act and $250,000

156

the remaining amount to be used to fund the Century Commission

157

established in s. 163.3247.

158

     4. The Ecosystem Management and Restoration Trust Fund in

159

the amount of the lesser of 2.12 percent of the remainder or $30

160

million in each fiscal year, to be used for the preservation and

161

repair of the state's beaches as provided in ss. 161.091-161.212.

162

     5. The Marine Resources Conservation Trust Fund in the

163

amount of the lesser of .14 percent of the remainder or $2

164

million in each fiscal year, to be used for marine mammal care as

165

provided in s. 370.0603(3).

166

     6. General Inspection Trust Fund in the amount of the

167

lesser of .02 percent of the remainder or $300,000 in each fiscal

168

year to be used to fund oyster management and restoration

169

programs as provided in s. 370.07(3).

170

171

Moneys distributed pursuant to this paragraph may not be pledged

172

for debt service unless such pledge is approved by referendum of

173

the voters.

174

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

175

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

176

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

177

the credit of the General Revenue Fund to be used and expended

178

for the purposes for which the General Revenue Fund was created

179

and exists by law or to the Ecosystem Management and Restoration

180

Trust Fund, the Marine Resources Conservation Trust Fund, or the

181

General Inspection Trust Fund as provided in subsection (11).

182

     (2) The lesser of 7.56 seven and fifty-six hundredths

183

percent of the remaining taxes collected under this chapter or

184

$84.9 million in each fiscal year shall be used for the following

185

purposes:

186

     (a) Beginning in the month following the final payment for

187

a fiscal year under paragraph (1)(c), available moneys shall be

188

paid into the State Treasury to the credit of the General Revenue

189

Fund to be used and expended for the purposes for which the

190

General Revenue Fund was created and exists by law or to the

191

Ecosystem Management and Restoration Trust Fund, the Marine

192

Resources Conservation Trust Fund, or the General Inspection

193

Trust Fund as provided in subsection (11). Payments made under

194

this paragraph shall continue until the cumulative amount

195

credited to the General Revenue Fund for the fiscal year under

196

this paragraph equals the cumulative payments made under

197

paragraph (1)(c) for the same fiscal year.

198

     (b) The remainder of the moneys distributed under this

199

subsection shall be paid into the State Treasury to the credit of

200

the Land Acquisition Trust Fund. Sums deposited in the fund

201

pursuant to this subsection may be used for any purpose for which

202

funds deposited in the Land Acquisition Trust Fund may lawfully

203

be used.

204

     (3) The lesser of 1.94 one and ninety-four hundredths

205

percent of the remaining taxes collected under this chapter or

206

$26 million in each fiscal year shall be paid into the State

207

Treasury to the credit of the Land Acquisition Trust Fund. Moneys

208

deposited in the trust fund pursuant to this section shall be

209

used to acquire coastal lands or to pay debt service on bonds

210

issued to acquire coastal lands and to develop and manage lands

211

acquired with moneys from the Land Acquisition Trust Fund.

212

     (4) The lesser of 4.2 four and two-tenths percent of the

213

remaining taxes collected under this chapter or $60.5 million in

214

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

215

credit of the Water Management Lands Trust Fund. Sums deposited

216

in that fund may be used for any purpose authorized in s. 373.59.

217

     (5)(a)  For the 2007-2008 fiscal year, 3.96 percent of the

218

remaining taxes collected under this chapter shall be paid into

219

the State Treasury to the credit of the Conservation and

220

Recreation Lands Trust Fund to carry out the purposes set forth

221

in s. 259.032. Ten and five-hundredths percent of the amount

222

credited to the Conservation and Recreation Lands Trust Fund

223

pursuant to this subsection shall be transferred to the State

224

Game Trust Fund and used for land management activities.

225

     (b)  Beginning July 1, 2008, 3.52 percent of the remaining

226

taxes collected under this chapter shall be paid into the State

227

Treasury to the credit of the Conservation and Recreation Lands

228

Trust Fund to carry out the purposes set forth in s. 259.032.

229

Eleven and fifteen hundredths percent of the amount credited to

230

the Conservation and Recreation Lands Trust Fund pursuant to this

231

subsection shall be transferred to the State Game Trust Fund and

232

used for land management activities.

233

     (6) The lesser of 2.28 two and twenty-eight hundredths

234

percent of the remaining taxes collected under this chapter or

235

$34.1 million in each fiscal year shall be paid into the State

236

Treasury to the credit of the Invasive Plant Control Trust Fund

237

to carry out the purposes set forth in ss. 369.22 and 369.252.

238

     (7) The lesser of .5 one-half of one percent of the

239

remaining taxes collected under this chapter or $9.3 million in

240

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

241

credit of the State Game Trust Fund to be used exclusively for

242

the purpose of implementing the Lake Restoration 2020 Program.

243

     (8)  One-half of one percent of the remaining taxes

244

collected under this chapter shall be paid into the State

245

Treasury and divided equally to the credit of the Department of

246

Environmental Protection Water Quality Assurance Trust Fund to

247

address water quality impacts associated with nonagricultural

248

nonpoint sources and to the credit of the Department of

249

Agriculture and Consumer Services General Inspection Trust Fund

250

to address water quality impacts associated with agricultural

251

nonpoint sources, respectively. These funds shall be used for

252

research, development, demonstration, and implementation of

253

suitable best management practices or other measures used to

254

achieve water quality standards in surface waters and water

255

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

256

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

257

Implementation of best management practices and other measures

258

may include cost-share grants, technical assistance,

259

implementation tracking, and conservation leases or other

260

agreements for water quality improvement. The Department of

261

Environmental Protection and the Department of Agriculture and

262

Consumer Services may adopt rules governing the distribution of

263

funds for implementation of best management practices. The

264

unobligated balance of funds received from the distribution of

265

taxes collected under this chapter to address water quality

266

impacts associated with nonagricultural nonpoint sources will be

267

excluded when calculating the unobligated balance of the Water

268

Quality Assurance Trust Fund as it relates to the determination

269

of the applicable excise tax rate.

270

     (9) The lesser of 7.53 seven and fifty-three hundredths

271

percent of the remaining taxes collected under this chapter or

272

$107 million in each fiscal year shall be paid into the State

273

Treasury to the credit of the State Housing Trust Fund and shall

274

be used as follows:

275

     (a)  Half of that amount shall be used for the purposes for

276

which the State Housing Trust Fund was created and exists by law.

277

     (b)  Half of that amount shall be paid into the State

278

Treasury to the credit of the Local Government Housing Trust Fund

279

and shall be used for the purposes for which the Local Government

280

Housing Trust Fund was created and exists by law.

281

     (10) The lesser of 8.66 eight and sixty-six hundredths

282

percent of the remaining taxes collected under this chapter or

283

$136 million in each fiscal year shall be paid into the State

284

Treasury to the credit of the State Housing Trust Fund and shall

285

be used as follows:

286

     (a)  Twelve and one-half percent of that amount shall be

287

deposited into the State Housing Trust Fund and be expended by

288

the Department of Community Affairs and by the Florida Housing

289

Finance Corporation for the purposes for which the State Housing

290

Trust Fund was created and exists by law.

291

     (b)  Eighty-seven and one-half percent of that amount shall

292

be distributed to the Local Government Housing Trust Fund and

293

shall be used for the purposes for which the Local Government

294

Housing Trust Fund was created and exists by law. Funds from this

295

category may also be used to provide for state and local services

296

to assist the homeless.

297

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

298

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

299

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

300

to the credit of the Ecosystem Management and Restoration Trust

301

Fund in fiscal year 2000-2001 and each fiscal year thereafter, to

302

be used for the preservation and repair of the state's beaches as

303

provided in ss. 161.091-161.212, $2 million shall be paid into

304

the State Treasury to the credit of the Marine Resources

305

Conservation Trust Fund to be used for marine mammal care as

306

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

307

State Treasury to the credit of the General Inspection Trust Fund

308

in fiscal year 2006-2007 and each fiscal year thereafter, to be

309

used to fund oyster management and restoration programs as

310

provided in s. 370.07(3).

311

     (12) The Department of Revenue may use the payments

312

credited to trust funds pursuant to paragraphs (1)(c) and (2)(b)

313

and subsections (3), (4), (5), (6), (7), (8), (9), and (10) to

314

pay the costs of the collection and enforcement of the tax levied

315

by this chapter. The percentage of such costs which may be

316

assessed against a trust fund is a ratio, the numerator of which

317

is payments credited to that trust fund under this section and

318

the denominator of which is the sum of payments made under

319

paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6),

320

(7), (8), (9), and (10).

321

     (11)(13) The distribution of proceeds deposited into the

322

Water Management Lands Trust Fund and the Conservation and

323

Recreation Lands Trust Fund, pursuant to subsections (4) and (5),

324

may shall not be used for land acquisition but may be used for

325

preacquisition costs associated with land purchases. The

326

Legislature intends that the Florida Forever program supplant the

327

acquisition programs formerly authorized under ss. 259.032 and

328

373.59.

329

     (12)(14) Amounts distributed pursuant to subsections (5),

330

(6), (7), and (8) are subject to the payment of debt service on

331

outstanding Conservation and Recreation Lands revenue bonds.

332

     (13)(15) Beginning July 1, 2008, in each fiscal year that

333

the remaining taxes collected under this chapter exceed such

334

collections in the prior fiscal year, the stated maximum dollar

335

amounts provided in subsections (2), (4), (6), (7), (9), and (10)

336

shall each be increased by an amount equal to 10 percent of the

337

increase in the remaining taxes collected under this chapter

338

multiplied by the applicable percentage provided in those

339

subsections.

340

     (14)(16) If the payment requirements in any year for bonds

341

outstanding on July 1, 2007, or bonds issued to refund such

342

bonds, exceed the limitations of this section, distributions to

343

the trust fund from which the bond payments are made shall be

344

increased to the lesser of the amount needed to pay bond

345

obligations or the limit of the applicable percentage

346

distribution provided in subsections (1)-(10) (1)-(12).

347

     (15)(17) Distributions to the State Housing Trust Fund

348

pursuant to subsections (9) and (10) shall be sufficient to cover

349

amounts required to be transferred to the Florida Affordable

350

Housing Guarantee Program's annual debt service reserve and

351

guarantee fund pursuant to s. 420.5092(6)(a) and (b) up to but

352

not exceeding the amount required to be transferred to such

353

reserve and fund based on the percentage distribution of

354

documentary stamp tax revenues to the State Housing Trust Fund

355

which is in effect in the 2004-2005 fiscal year.

356

     (16)(18) The remaining taxes collected under this chapter,

357

after the distributions provided in the preceding subsections,

358

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

359

General Revenue Fund.

360

     Section 4.  Section 215.211, Florida Statutes, is amended to

361

read:

362

     215.211  Service charge; elimination or reduction for

363

specified proceeds.--

364

     (1)  Notwithstanding the provisions of s. 215.20(1) and (3),

365

the service charge provided in s. 215.20(1) and (3), which is

366

deducted from the proceeds of the taxes distributed under ss.

367

206.606(1), 207.026, 212.0501(6), and 319.32(5), shall be

368

eliminated beginning July 1, 2000.

369

     (2)  Notwithstanding the provisions of s. 215.20(1) and (3),

370

the service charge provided in s. 215.20(1) and (3), which is

371

deducted from the proceeds of the taxes distributed under ss.

372

206.608 and 320.072(4), shall be eliminated beginning July 1,

373

2001.

374

     (3)  Notwithstanding the provisions of s. 215.20(1), the

375

service charge provided in s. 215.20(1) may not, which is

376

deducted from the proceeds of the local option fuel tax

377

distributed under s. 336.025, shall be reduced as follows:

378

     (a) For the period July 1, 2005, through June 30, 2006, the

379

rate of the service charge shall be 3.5 percent.

380

     (b) Beginning July 1, 2006, and thereafter, no service

381

charge shall be deducted from the proceeds of the local option

382

fuel tax distributed under s. 336.025(1)(a).

383

     (4) From the revenues derived from s. 336.025(1)(a), an

384

amount equal to 7 percent of those revenues The increased

385

revenues derived from this subsection shall be deposited in the

386

State Transportation Trust Fund and used to fund the County

387

Incentive Grant Program and the Small County Outreach Program. Up

388

to 20 percent of such funds shall be used for the purpose of

389

implementing the Small County Outreach Program as provided in

390

this act. Notwithstanding any other laws to the contrary, the

391

requirements of ss. 339.135, 339.155, and 339.175 shall not apply

392

to these funds and programs.

393

     Section 5.  Subsection (6) of section 339.2818, Florida

394

Statutes, is amended to read:

395

     339.2818  Small County Outreach Program.--

396

     (6)  Funds paid into the State Transportation Trust Fund

397

pursuant to s. 201.15 201.15(1)(d) for the purposes of the Small

398

County Outreach Program are hereby annually appropriated for

399

expenditure to support the Small County Outreach Program.

400

     Section 6.  Subsection (5) of section 339.2819, Florida

401

Statutes, is amended to read:

402

     339.2819  Transportation Regional Incentive Program.--

403

     (5)  Funds paid into the State Transportation Trust Fund

404

pursuant to s. 201.15 201.15(1)(d) for the purposes of the

405

Transportation Regional Incentive Program are hereby annually

406

appropriated for expenditure to support that program.

407

     Section 7.  Subsection (10) of section 339.55, Florida

408

Statutes, is amended to read:

409

     339.55  State-funded infrastructure bank.--

410

     (10)  Funds paid into the State Transportation Trust Fund

411

pursuant to s. 201.15(1)(c) 201.15(1)(d) for the purposes of the

412

State Infrastructure Bank are hereby annually appropriated for

413

expenditure to support that program.

414

     Section 8.  Subsection (3) of section 339.61, Florida

415

Statutes, is amended to read:

416

     339.61  Florida Strategic Intermodal System; legislative

417

findings, declaration, and intent.--

418

     (3)  Funds paid into the State Transportation Trust Fund

419

pursuant to s. 201.15 201.15(1)(d) for the purposes of the

420

Florida Strategic Intermodal System are hereby annually

421

appropriated for expenditure to support that program.

422

     Section 9.  Subsection (6) of section 341.051, Florida

423

Statutes, is amended to read:

424

     341.051  Administration and financing of public transit and

425

intercity bus service programs and projects.--

426

     (6)  ANNUAL APPROPRIATION.--Funds paid into the State

427

Transportation Trust Fund pursuant to s. 201.15 201.15(1)(d) for

428

the New Starts Transit Program are hereby annually appropriated

429

for expenditure to support the New Starts Transit Program.

430

431

For purposes of this section, the term "net operating costs"

432

means all operating costs of a project less any federal funds,

433

fares, or other sources of income to the project.

434

     Section 10.  Subsection (3) of section 370.0603, Florida

435

Statutes, is amended to read:

436

     370.0603  Marine Resources Conservation Trust Fund;

437

purposes.--

438

     (3)  Funds provided to the Marine Resources Conservation

439

Trust Fund from taxes distributed under s. 201.15 201.15(11)

440

shall be used for the following purposes:

441

     (a)  To reimburse the cost of activities authorized pursuant

442

to the Fish and Wildlife Service of the United States Department

443

of the Interior. The Such facilities must be involved in the

444

actual rescue and full-time acute care veterinarian-based

445

rehabilitation of manatees. The cost of activities includes, but

446

is not limited to, costs associated with expansion, capital

447

outlay, repair, maintenance, and operation related to the rescue,

448

treatment, stabilization, maintenance, release, and monitoring of

449

manatees. Moneys distributed through the contractual agreement to

450

each facility for manatee rehabilitation must be proportionate to

451

the number of manatees under acute care rehabilitation; the

452

number of maintenance days medically necessary in the facility;

453

and the number released during the previous fiscal year. The

454

commission may set a cap on the total amount reimbursed per

455

manatee per year.

456

     (b)  For training on the care, treatment, and rehabilitation

457

of marine mammals at the Whitney Laboratory and the College of

458

Veterinary Medicine at the University of Florida.

459

     (c)  For program administration costs of the agency.

460

     (d)  Funds not distributed in any 1 fiscal year must be

461

carried over for distribution in subsequent years.

462

     Section 11.  Subsection (3) of section 370.07, Florida

463

Statutes, is amended to read:

464

     370.07  Wholesale and retail saltwater products dealers;

465

regulation.--

466

     (3)  OYSTER MANAGEMENT AND RESTORATION PROGRAMS.--The

467

Department of Agriculture and Consumer Services shall use or

468

distribute funds paid into the State Treasury to the credit of

469

the General Inspection Trust Fund pursuant to s. 201.15

470

201.15(11), less reasonable costs of administration, to fund the

471

following oyster management and restoration programs in

472

Apalachicola Bay and other oyster harvest areas in the state:

473

     (a)  The relaying and transplanting of live oysters.

474

     (b)  Shell planting to construct or rehabilitate oyster

475

bars.

476

     (c)  Education programs for licensed oyster harvesters on

477

oyster biology, aquaculture, boating and water safety,

478

sanitation, resource conservation, small business management, and

479

other relevant subjects.

480

     (d)  Research directed toward the enhancement of oyster

481

production in the bay and the water management needs of the bay.

482

     Section 12.  Subsection (1) of section 403.890, Florida

483

Statutes, as amended by section 2 of chapter 2007-335, Laws of

484

Florida, is amended to read:

485

     403.890  Water Protection and Sustainability Program;

486

intent; goals; purposes.--

487

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

488

Department of Revenue pursuant to s. 201.15(1)(c)2.

489

201.15(1)(d)2. shall be deposited into the Water Protection and

490

Sustainability Program Trust Fund in the Department of

491

Environmental Protection. These revenues and any other additional

492

revenues deposited into or appropriated to the Water Protection

493

and Sustainability Program Trust Fund shall be distributed by the

494

Department of Environmental Protection in the following manner:

495

     (a)  Sixty percent to the Department of Environmental

496

Protection for the implementation of an alternative water supply

497

program as provided in s. 373.1961.

498

     (b)  Twenty percent for the implementation of best

499

management practices and capital project expenditures necessary

500

for the implementation of the goals of the total maximum daily

501

load program established in s. 403.067. Of these funds, 85

502

percent shall be transferred to the credit of the Department of

503

Environmental Protection Water Quality Assurance Trust Fund to

504

address water quality impacts associated with nonagricultural

505

nonpoint sources. Fifteen percent of these funds shall be

506

transferred to the Department of Agriculture and Consumer

507

Services General Inspection Trust Fund to address water quality

508

impacts associated with agricultural nonpoint sources. These

509

funds shall be used for research, development, demonstration, and

510

implementation of the total maximum daily load program under s.

511

403.067, suitable best management practices or other measures

512

used to achieve water quality standards in surface waters and

513

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

514

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

515

Implementation of best management practices and other measures

516

may include cost-share grants, technical assistance,

517

implementation tracking, and conservation leases or other

518

agreements for water quality improvement. The Department of

519

Environmental Protection and the Department of Agriculture and

520

Consumer Services may adopt rules governing the distribution of

521

funds for implementation of capital projects, best management

522

practices, and other measures. These funds shall not be used to

523

abrogate the financial responsibility of those point and nonpoint

524

sources that have contributed to the degradation of water or land

525

areas. Increased priority shall be given by the department and

526

the water management district governing boards to those projects

527

that have secured a cost-sharing agreement allocating

528

responsibility for the cleanup of point and nonpoint sources.

529

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

530

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

531

restoration activities in water-management-district-designated

532

priority water bodies. The Secretary of Environmental Protection

533

shall ensure that each water management district receives the

534

following percentage of funds annually:

535

     1.  Thirty-five percent to the South Florida Water

536

Management District;

537

     2.  Twenty-five percent to the Southwest Florida Water

538

Management District;

539

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

540

Management District;

541

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

542

Management District; and

543

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

544

Water Management District.

545

     (d)  Ten percent to the Department of Environmental

546

Protection for the Disadvantaged Small Community Wastewater Grant

547

Program as provided in s. 403.1838.

548

     Section 13.  Subsection (1) of section 403.891, Florida

549

Statutes, is amended to read:

550

     403.891  Water Protection and Sustainability Program Trust

551

Fund of the Department of Environmental Protection.--

552

     (1)  The Water Protection and Sustainability Program Trust

553

Fund is created within the Department of Environmental

554

Protection. The purpose of the trust fund is to receive funds

555

pursuant to s. 201.15(1)(c)2. 201.15(1)(d)2., funds from other

556

sources provided for in law and the General Appropriations Act,

557

and funds received by the department in order to implement the

558

provisions of the Water Sustainability and Protection Program

559

created in s. 403.890.

560

     Section 14.  Subsection (1) of section 403.8911, Florida

561

Statutes, is amended to read:

562

     403.8911  Annual appropriation from the Water Protection and

563

Sustainability Trust Fund.--

564

     (1)  Funds paid into the Water Protection and Sustainability

565

Trust Fund pursuant to s. 201.15 201.15(1)(d) are hereby annually

566

appropriated for expenditure for the purposes for which the Water

567

Protection and Sustainability Trust Fund is established.

568

     Section 15.  Subsections (1) and (2) of section 1013.63,

569

Florida Statutes, are amended to read:

570

     1013.63  University Concurrency Trust Fund.--

571

     (1)  The University Concurrency Trust Fund is created within

572

the Department of Education.

573

     (2) The trust fund may be funded each fiscal year as

574

provided in the General Appropriations Act. Notwithstanding any

575

other provision of law, the general revenue service charge

576

deducted pursuant to s. 215.20 on revenues raised by any local

577

option motor fuel tax levied pursuant to s. 336.025(1)(b), as

578

created by chapter 93-206, Laws of Florida, shall be deposited in

579

the University Concurrency Trust Fund, which is administered by

580

the State Board of Education. Moneys in such trust fund shall be

581

for the purpose of funding university offsite improvements

582

required to meet concurrency standards adopted under part II of

583

chapter 163. In addition, in any year in which campus master

584

plans are updated pursuant to s. 1013.30, but no more frequently

585

than once every 5 years, up to 25 percent of the balance in the

586

trust fund for that year may be used to defray the costs incurred

587

in updating those campus master plans.

588

     Section 16.  This act shall take effect July 1, 2008.

589

590

================ T I T L E  A M E N D M E N T ================

591

And the title is amended as follows:

592

     Delete everything before the enacting clause

593

and insert:

594

A bill to be entitled

595

An act relating to the distribution of excise taxes;

596

amending s. 201.15, F.S.; revising provisions relating to

597

the distribution of the excise tax on documents;

598

authorizing the Department of Revenue to retain amounts

599

necessary to pay certain costs; revising the amount of

600

moneys distributed to certain trust funds for certain

601

purposes; amending s. 215.211, F.S.; revising provisions

602

relating to the elimination or reduction of the service

603

charge on the local option fuel tax and the amount of

604

deposited in the State Transportation Trust Fund; amending

605

s. 1013.63, F.S.; revising provisions for funding the

606

University Concurrency Trust Fund within the Department of

607

Education; amending ss. 161.05301, 161.091, 339.2818,

608

339.2819, 339.55, 339.61, 341.051, 370.0603, 370.07,

609

403.890, 403.891, and 403.8911, F.S.; conforming cross-

610

references; providing an effective date.

4/28/2008  3:52:00 PM     627-08815A-08