House Bill 0389er
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  2         An act relating to taxes on the severance of
  3         solid minerals; amending s. 211.31, F.S.;
  4         increasing the amount of funds credited to the
  5         Minerals Trust Fund from severance taxes that
  6         remains in the trust fund at the end of the
  7         fiscal year; amending s. 211.3103, F.S.;
  8         revising the distribution of the revenues from
  9         the tax on the severance of phosphate rock
10         under specified circumstances; repealing s.
11         211.3103(9), F.S., which requires that when a
12         county accepts a donation of real or other
13         property from a producer the amount of the
14         proceeds of said tax returned to that county be
15         reduced by the value of the donation; amending
16         s. 378.036, F.S.; revising requirements
17         relating to a list identifying certain
18         nonmandatory lands developed by the Department
19         of Environmental Protection and the Fish and
20         Wildlife Conservation Commission and purposes
21         for which lands may be acquired with funds from
22         the Nonmandatory Land Reclamation Trust Fund;
23         providing an effective date.
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25  Be It Enacted by the Legislature of the State of Florida:
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27         Section 1.  Subsection (5) of section 211.31, Florida
28  Statutes, is amended to read:
29         211.31  Levy of tax on severance of certain solid
30  minerals; rate, basis, and distribution of tax.--
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  1         (5)  The purpose of the Minerals Trust Fund is to
  2  receive designated taxes on severance of minerals to fund the
  3  administrative costs of programs of this state established to
  4  reclaim those lands disturbed by the severance of minerals; to
  5  fund the geological survey of the state; to fund the
  6  regulation of oil and gas exploration and production; to serve
  7  as a repository for funds allocated pursuant to ss. 377.24(1),
  8  377.2408(1), 377.2425(1)(b), 377.247, and 377.41 that will
  9  enable the Department of Environmental Protection to respond
10  without delay to incidents that affect safety or threaten to
11  cause environmental damage or contamination as a result of
12  incidents involving petroleum exploration and production
13  activities; and to make available immediately to such
14  department funds sufficient to correct violations such as an
15  operator's failure to adequately plug, abandon, or restore
16  production sites or other test sites and facilities after
17  operations cease, if the permittee or operator does not
18  correct the violation within a reasonable time.  In fiscal
19  year 1995-1996, any funds credited to the Minerals Trust Fund
20  from severance taxes in excess of 115 percent of the
21  legislative appropriation from the Minerals Trust Fund for
22  that year shall be transferred to the General Revenue Fund on
23  June 30, 1996.  In fiscal year 1996-1997, any funds credited
24  to the Minerals Trust Fund from severance taxes in excess of
25  125 percent of the legislative appropriation from the Minerals
26  Trust Fund for that year shall be transferred to the General
27  Revenue Fund on June 30, 1997. On June 30 of each subsequent
28  fiscal year, beginning with fiscal year 2000-2001, of any
29  funds credited to the Minerals Trust Fund from severance taxes
30  in excess of 150 125 percent of the legislative appropriation
31  from the Minerals Trust Fund, 50 percent of the excess shall
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  1  be transferred to the General Revenue Fund and 50 percent of
  2  the excess shall be transferred to the Nonmandatory Land
  3  Reclamation Trust Fund.
  4         Section 2.  Subsection (9) of section 211.3103, Florida
  5  Statutes, is repealed, and subsection (4) of said section is
  6  amended to read:
  7         211.3103  Levy of tax on severance of phosphate rock;
  8  rate, basis, and distribution of tax.--
  9         (4)  If the base rate is reduced pursuant to paragraph
10  (5)(c), then the proceeds of the tax shall be paid into the
11  State Treasury as follows:
12         (a)  The first $10 million in revenue collected from
13  the tax during each fiscal year shall be paid to the credit of
14  the Conservation and Recreation Lands Trust Fund.
15         (b)  The remaining revenues collected from the tax
16  during that fiscal year, after the required payment under
17  paragraph (a), shall be paid into the State Treasury as
18  follows:
19         1.  To the credit of the General Revenue Fund of the
20  state, 55.15 72.5 percent.
21         2.  To the credit of the Phosphate Research Trust Fund
22  in the Department of Education, Division of Universities, 12.5
23  10 percent.
24         3.  For payment to counties in proportion to the number
25  of tons of phosphate rock produced from a phosphate rock
26  matrix located within such political boundary, 18 10 percent.
27  The department shall distribute this portion of the proceeds
28  based on production information reported by producers on the
29  most recent annual returns filed prior to the beginning of the
30  fiscal year. Any such proceeds received by a county shall be
31  used only for phosphate-related expenses.
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  1         4.  To the credit of the Minerals Trust Fund, 14.35 7.5
  2  percent.
  3         Section 3.  Subsections (1) and (5) of section 378.036,
  4  Florida Statutes, are amended to read:
  5         378.036  Land acquisitions financed by Nonmandatory
  6  Land Reclamation Trust Fund moneys.--
  7         (1)  After July 1, 1986, moneys paid into the
  8  Nonmandatory Land Reclamation Trust Fund may be used by the
  9  department:
10         (a)  For acquisition of those lands identified pursuant
11  to subsection (5) for hunting, fishing, or other outdoor
12  recreational purposes or wildlife habitat restoration, or
13  other outdoor recreational purposes, including the
14  construction of trails, provided such land acquisition is
15  consistent with this section; or
16         (b)  For acquisition and reclamation of those lands
17  which will serve the public interest because of the
18  exceptional need to accomplish the particular reclamation and
19  restoration if the owner is unable or unwilling to restore or
20  reclaim the land in accordance with the master reclamation
21  plan.
22         (5)  By July 1, 1986, the department, in cooperation
23  with the Fish and Wildlife Conservation Commission, shall
24  develop a list identifying those nonmandatory lands which have
25  been or may be naturally reclaimed or and which the state may
26  seek to acquire through purchase or donation for hunting,
27  fishing, or other outdoor recreational purposes or for
28  wildlife habitat restoration, or other outdoor recreational
29  purposes, including the construction of trails. The list shall
30  separately indicate which of the nonmandatory lands are
31  eligible lands.
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  1         Section 4.  This act shall take effect July 1, 2000.
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