Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. HB 7087, 2nd Eng.
Barcode 824448
LEGISLATIVE ACTION
Senate . House
Comm: OO .
03/07/2012 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Budget Subcommittee on Finance and Tax (Norman)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 189 and 190
4 insert:
5 Section 3. Section 211.3103, Florida Statutes, is amended
6 to read:
7 211.3103 Levy of tax on severance of phosphate rock; rate,
8 basis, and distribution of tax.—
9 (1) There is hereby levied an excise tax upon each every
10 person engaging in the business of severing phosphate rock from
11 the soils or waters of this state for commercial use. The tax
12 shall be collected, administered, and enforced by the
13 department.
14 (2) The tax rate shall be $1.61 per ton severed, except for
15 the time period beginning January 1, 2015, until December 31,
16 2022, when the tax rate shall be $1.80 per ton severed.
17 (2) Beginning July 1, 2004, the proceeds of all taxes,
18 interest, and penalties imposed under this section shall be paid
19 into the State Treasury as follows:
20 (a) The first $10 million in revenue collected from the tax
21 during each fiscal year shall be paid to the credit of the
22 Conservation and Recreation Lands Trust Fund.
23 (b) The remaining revenues collected from the tax during
24 that fiscal year, after the required payment under paragraph
25 (a), shall be paid into the State Treasury as follows:
26 1. To the credit of the General Revenue Fund of the state,
27 40.1 percent.
28 2. For payment to counties in proportion to the number of
29 tons of phosphate rock produced from a phosphate rock matrix
30 located within such political boundary, 16.5 percent. The
31 department shall distribute this portion of the proceeds
32 annually based on production information reported by the
33 producers on the annual returns for the taxable year. Any such
34 proceeds received by a county shall be used only for phosphate
35 related expenses.
36 3. For payment to counties that have been designated a
37 rural area of critical economic concern pursuant to s. 288.0656
38 in proportion to the number of tons of phosphate rock produced
39 from a phosphate rock matrix located within such political
40 boundary, 13 percent. The department shall distribute this
41 portion of the proceeds annually based on production information
42 reported by the producers on the annual returns for the taxable
43 year. Payments under this subparagraph shall be made to the
44 counties unless the Legislature by special act creates a local
45 authority to promote and direct the economic development of the
46 county. If such authority exists, payments shall be made to that
47 authority.
48 4. To the credit of the Phosphate Research Trust Fund in
49 the Division of Universities of the Department of Education, 9.3
50 percent.
51 5. To the credit of the Minerals Trust Fund, 10.7 percent.
52 6. To the credit of the Nonmandatory Land Reclamation Trust
53 Fund, 10.4 percent.
54 (3) Beginning July 1, 2003, and annually thereafter, the
55 Department of Environmental Protection may use up to $2 million
56 of the funds in the Nonmandatory Land Reclamation Trust Fund to
57 purchase a surety bond or a policy of insurance, the proceeds of
58 which would pay the cost of restoration, reclamation, and
59 cleanup of any phosphogypsum stack system and phosphate mining
60 activities in the event that an operator or permittee thereof
61 has been subject to a final order of bankruptcy and all funds
62 available therefrom are determined to be inadequate to
63 accomplish such restoration, reclamation, and cleanup. This
64 section does not imply that such operator or permittee is
65 thereby relieved of its obligations or relieved of any
66 liabilities pursuant to any other remedies at law,
67 administrative remedies, statutory remedies, or remedies
68 pursuant to bankruptcy law. The department shall adopt rules to
69 implement this subsection, including the purchase and oversight
70 of the bond or policy.
71 (4) Funds distributed pursuant to subparagraphs (2)(b)3.
72 and (11)(e)4. shall be used for:
73 (a) Planning, preparing, and financing of infrastructure
74 projects for job creation and capital investment, especially
75 those related to industrial and commercial sites. Infrastructure
76 investments may include the following public or public-private
77 partnership facilities: stormwater systems, telecommunications
78 facilities, roads or other remedies to transportation
79 impediments, nature-based tourism facilities, or other physical
80 requirements necessary to facilitate trade and economic
81 development activities.
82 (b) Maximizing the use of federal, local, and private
83 resources, including, but not limited to, those available under
84 the Small Cities Community Development Block Grant Program.
85 (c) Projects that improve inadequate infrastructure that
86 has resulted in regulatory action that prohibits economic or
87 community growth, if such projects are related to specific job
88 creation or job retention opportunities.
89 (5) Beginning January 1, 2004, the tax rate shall be the
90 base rate of $1.62 per ton severed.
91 (6) Beginning January 1, 2005, and annually thereafter, the
92 tax rate shall be the base rate times the base rate adjustment
93 for the tax year as calculated by the department in accordance
94 with subsection (8).
95 (3)(7) The excise tax levied by this section applies shall
96 apply to the total production of the producer during the taxable
97 year, measured on the basis of bone-dry tons produced at the
98 point of severance.
99 (8)(a) On or before March 30, 2004, and annually
100 thereafter, the department shall calculate the base rate
101 adjustment, if any, for phosphate rock based on the change in
102 the unadjusted annual producer price index for the prior
103 calendar year in relation to the unadjusted annual producer
104 price index for calendar year 1999.
105 (b) For the purposes of determining the base rate
106 adjustment for any year, the base rate adjustment shall be a
107 fraction, the numerator of which is the unadjusted annual
108 producer price index for the prior calendar year and the
109 denominator of which is the unadjusted annual producer price
110 index for calendar year 1999.
111 (c) The department shall provide the base rate, the base
112 rate adjustment, and the resulting tax rate to affected
113 producers by written notice on or before April 15 of the current
114 year.
115 (d) If the producer price index for phosphate rock is
116 substantially revised, the department shall make appropriate
117 adjustment in the method used to compute the base rate
118 adjustment under this subsection which will produce results
119 reasonably consistent with the result that would have been
120 obtained if the producer price index for phosphate rock had not
121 been revised. However, the tax rate shall not be less than $1.51
122 per ton severed.
123 (e) If the producer price index for phosphate rock is
124 discontinued, a comparable index shall be selected by the
125 department and adopted by rule.
126 (4)(9) The excise tax levied on the severance of phosphate
127 rock is shall be in addition to any ad valorem taxes levied upon
128 the separately assessed mineral interest in the real property
129 upon which the site of severance is located, or any other tax,
130 permit, or license fee imposed by the state or its political
131 subdivisions.
132 (5)(10) The tax levied by this section shall be collected
133 in the manner prescribed in s. 211.33.
134 (11)(a) Beginning July 1, 2008, there is hereby levied a
135 surcharge of $1.38 per ton severed in addition to the excise tax
136 levied by this section. The surcharge shall be levied until the
137 last day of the calendar quarter in which the total revenue
138 generated by the surcharge equals $60 million. Revenues derived
139 from the surcharge shall be deposited into the Nonmandatory Land
140 Reclamation Trust Fund and shall be exempt from the general
141 revenue service charge provided in s. 215.20. Revenues derived
142 from the surcharge shall be used to augment funds appropriated
143 for the rehabilitation, management, and closure of the Piney
144 Point and Mulberry sites and for approved reclamation of
145 nonmandatory lands in accordance with chapter 378. A minimum of
146 75 percent of the revenues from the surcharge shall be dedicated
147 to the Piney Point and Mulberry sites.
148 (b) Beginning July 1, 2008, the excise tax rate shall be
149 $1.945 per ton severed and the base rate adjustment provided in
150 subsection (6) shall not apply.
151 (c)1. Beginning July 1 of the 2010-2011 fiscal year, the
152 tax rate shall be the base rate of $1.71 per ton severed.
153 2. Beginning July 1 of the 2011-2012 fiscal year, the tax
154 rate shall be the base rate of $1.61 per ton severed.
155 3. The base rate adjustment provided in subsection (6)
156 shall not apply until the conditions of paragraph (d) are met.
157 (d) Beginning July 1 of the fiscal year following the date
158 on which a taxpayer’s surcharge offset equals or exceeds the
159 total amount of surcharge remitted by such taxpayer under
160 paragraph (a), and each year thereafter, the excise tax rate
161 levied on such taxpayer shall be adjusted as provided in
162 subsection (6). The surcharge offset for each taxpayer is an
163 amount calculated by the department equal to the cumulative
164 difference between the amount of excise tax that would have been
165 collected under subsections (5) and (6) and the excise tax
166 collected under subparagraphs (c)1. and 2. from such taxpayer.
167 (e) Beginning July 1 of the 2010-2011 fiscal year, the
168 proceeds of all taxes, interest, and penalties imposed under
169 this section shall be exempt from the general revenue service
170 charge provided in s. 215.20, and shall be paid into the State
171 Treasury as follows:
172 1. To the credit of the Conservation and Recreation Lands
173 Trust Fund, 21.9 percent.
174 2. To the credit of the General Revenue Fund of the state,
175 37.1 percent.
176 3. For payment to counties in proportion to the number of
177 tons of phosphate rock produced from a phosphate rock matrix
178 located within such political boundary, 12 percent. The
179 department shall distribute this portion of the proceeds
180 annually based on production information reported by the
181 producers on the annual returns for the taxable year. Any such
182 proceeds received by a county shall be used only for phosphate
183 related expenses.
184 4. For payment to counties that have been designated a
185 rural area of critical economic concern pursuant to s. 288.0656
186 in proportion to the number of tons of phosphate rock produced
187 from a phosphate rock matrix located within such political
188 boundary, 9.4 percent. The department shall distribute this
189 portion of the proceeds annually based on production information
190 reported by the producers on the annual returns for the taxable
191 year. Payments under this subparagraph shall be made to the
192 counties unless the Legislature by special act creates a local
193 authority to promote and direct the economic development of the
194 county. If such authority exists, payments shall be made to that
195 authority.
196 5. To the credit of the Nonmandatory Land Reclamation Trust
197 Fund, 5.8 percent.
198 6. To the credit of the Phosphate Research Trust Fund in
199 the Division of Universities of the Department of Education, 5.8
200 percent.
201 7. To the credit of the Minerals Trust Fund, 8.0 percent.
202 (6)(a)(f) Beginning July 1 of the 2011-2012 fiscal year,
203 the proceeds of all taxes, interest, and penalties imposed under
204 this section are exempt from the general revenue service charge
205 provided in s. 215.20, and such proceeds shall be paid into the
206 State Treasury as follows:
207 1. To the credit of the Conservation and Recreation Lands
208 Trust Fund, 25.5 percent.
209 2. To the credit of the General Revenue Fund of the state,
210 35.7 percent.
211 3. For payment to counties in proportion to the number of
212 tons of phosphate rock produced from a phosphate rock matrix
213 located within such political boundary, 12.8 percent. The
214 department shall distribute this portion of the proceeds
215 annually based on production information reported by the
216 producers on the annual returns for the taxable year. Any such
217 proceeds received by a county shall be used only for phosphate
218 related expenses.
219 4. For payment to counties that have been designated as a
220 rural area of critical economic concern pursuant to s. 288.0656
221 in proportion to the number of tons of phosphate rock produced
222 from a phosphate rock matrix located within such political
223 boundary, 10.0 percent. The department shall distribute this
224 portion of the proceeds annually based on production information
225 reported by the producers on the annual returns for the taxable
226 year. Payments under this subparagraph shall be made to the
227 counties unless the Legislature by special act creates a local
228 authority to promote and direct the economic development of the
229 county. If such authority exists, payments shall be made to that
230 authority.
231 5. To the credit of the Nonmandatory Land Reclamation Trust
232 Fund, 6.2 percent.
233 6. To the credit of the Phosphate Research Trust Fund in
234 the Division of Universities of the Department of Education, 6.2
235 percent.
236 7. To the credit of the Minerals Trust Fund, 3.6 percent.
237 (b) Notwithstanding paragraph (a), from January 1, 2015,
238 until December 31, 2022, the proceeds of all taxes, interest,
239 and penalties imposed under this section are exempt from the
240 general revenue service charge provided in s. 215.20, and such
241 proceeds shall be paid to the State Treasury as follows:
242 1. To the credit of the Conservation and Recreation Lands
243 Trust Fund, 22.8 percent.
244 2. To the credit of the General Revenue Fund of the state,
245 31.9 percent.
246 3. For payment to counties pursuant to subparagraph (a)3.,
247 11.5 percent.
248 4. For payment to counties pursuant to subparagraph (a)4.,
249 8.9 percent.
250 5. To the credit of the Nonmandatory Land Reclamation Trust
251 Fund, 16.1 percent.
252 6. To the credit of the Phosphate Research Trust Fund in
253 the Division of Universities of the Department of Education, 5.6
254 percent.
255 7. To the credit of the Minerals Trust Fund, 3.2 percent.
256 (c)(g) For purposes of this section, “phosphate-related
257 expenses” means those expenses that provide for infrastructure
258 or services in support of the phosphate industry, reclamation or
259 restoration of phosphate lands, community infrastructure on such
260 reclaimed lands, and similar expenses directly related to
261 support of the industry.
262
263 ================= T I T L E A M E N D M E N T ================
264 And the title is amended as follows:
265 Delete line 11
266 and insert:
267 facilities and other properties; amending s. 211.3103,
268 F.S.; revising the excise tax rates levied upon each
269 ton of phosphate rock severed; specifying the period
270 during which the rates apply; revising the
271 distribution of the revenues received; deleting
272 obsolete provisions; amending s. 212.08,