SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Natural Resources recommended the following
12 amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 403.1838, Florida Statutes, is
19 amended to read:
20 403.1838 Small Community Sewer Construction Assistance
21 Act.--
22 (1) This section may be cited as the "Small Community
23 Sewer Construction Assistance Act."
24 (2) The department shall use funds specifically
25 appropriated to award grants under this section to assist
26 financially disadvantaged small communities with their needs
27 for adequate sewer facilities. For purposes of this section,
28 the term "financially disadvantaged small community" means a
29 municipality with a population of 7,500 or less, according to
30 the latest decennial census and a per capita annual income
31 less than the state per capita annual income as determined by
1
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 the United States Department of Commerce or a municipality or
2 county government located within an area designated as a rural
3 area of critical economic concern pursuant to s. 288.0656(7).
4 (3)(a) In accordance with rules adopted by the
5 Environmental Regulation Commission under this section, the
6 department may provide grants, from funds specifically
7 appropriated for this purpose, to financially disadvantaged
8 small communities for up to 100 percent of the costs of
9 planning, designing, constructing, upgrading, or replacing
10 wastewater collection, transmission, treatment, disposal, and
11 reuse facilities, including necessary legal and administrative
12 expenses.
13 (b) The rules of the Environmental Regulation
14 Commission must:
15 1. Require that projects to plan, design, construct,
16 upgrade, or replace wastewater collection, transmission,
17 treatment, disposal, and reuse facilities be cost-effective,
18 environmentally sound, permittable, and implementable.
19 2. Require appropriate user charges, connection fees,
20 and other charges sufficient to ensure the long-term
21 operation, maintenance, and replacement of the facilities
22 constructed under each grant.
23 3. Require grant applications to be submitted on
24 appropriate forms with appropriate supporting documentation,
25 and require records to be maintained.
26 4. Establish a system to determine eligibility of
27 grant applications.
28 5. Establish a system to determine the relative
29 priority of grant applications. The system must consider
30 public health protection, and water pollution abatement, and
31 pending consent orders or other state or federal regulatory
2
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 action.
2 6. Establish requirements for competitive procurement
3 of engineering and construction services, materials, and
4 equipment.
5 7. Provide for termination of grants when program
6 requirements are not met.
7 (c) The department must perform adequate overview of
8 each grant, including technical review, regular inspections,
9 disbursement approvals, and auditing, to successfully
10 implement this section.
11 (d) The department may use up to 2 percent of the
12 grant funds made available each year for the costs of program
13 administration.
14 (e) Any grant awarded before July 1, 1994, under this
15 section, remains subject to the applicable department rules in
16 existence on June 30, 1993, until all rule requirements have
17 been met.
18 Section 2. Effective October 1, 2001, subsection (6)
19 of section 212.20, Florida Statutes, is amended to read:
20 212.20 Funds collected, disposition; additional powers
21 of department; operational expense; refund of taxes
22 adjudicated unconstitutionally collected.--
23 (6) Distribution of all proceeds under this chapter
24 shall be as follows:
25 (a) Proceeds from the convention development taxes
26 authorized under s. 212.0305 shall be reallocated to the
27 Convention Development Tax Clearing Trust Fund.
28 (b) Proceeds from discretionary sales surtaxes imposed
29 pursuant to ss. 212.054 and 212.055 shall be reallocated to
30 the Discretionary Sales Surtax Clearing Trust Fund.
31 (c) Proceeds from the tax imposed pursuant to s.
3
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 212.06(5)(a)2. shall be reallocated to the Mail Order Sales
2 Tax Clearing Trust Fund.
3 (d) Proceeds from the fees imposed under ss.
4 212.05(1)(i)3. and 212.18(3) shall remain with the General
5 Revenue Fund.
6 (e) The proceeds of all other taxes and fees imposed
7 pursuant to this chapter shall be distributed as follows:
8 1. In any fiscal year, the greater of $500 million,
9 minus an amount equal to 4.6 percent of the proceeds of the
10 taxes collected pursuant to chapter 201, or 5 percent of all
11 other taxes and fees imposed pursuant to this chapter shall be
12 deposited in monthly installments into the General Revenue
13 Fund.
14 2. One-tenth Two-tenths of one percent shall be
15 transferred to the Solid Waste Management Trust Fund and
16 one-tenth shall be transferred to the Small Community Sewer
17 Construction Trust Fund.
18 3. After the distribution under subparagraphs 1. and
19 2., 9.653 percent of the amount remitted by a sales tax dealer
20 located within a participating county pursuant to s. 218.61
21 shall be transferred into the Local Government Half-cent Sales
22 Tax Clearing Trust Fund.
23 4. After the distribution under subparagraphs 1., 2.,
24 and 3., 0.065 percent shall be transferred to the Local
25 Government Half-cent Sales Tax Clearing Trust Fund and
26 distributed pursuant to s. 218.65.
27 5. For proceeds received after July 1, 2000, and after
28 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
29 percent of the available proceeds pursuant to this paragraph
30 shall be transferred monthly to the Revenue Sharing Trust Fund
31 for Counties pursuant to s. 218.215.
4
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 6. For proceeds received after July 1, 2000, and after
2 the distributions under subparagraphs 1., 2., 3., and 4.,
3 1.0715 percent of the available proceeds pursuant to this
4 paragraph shall be transferred monthly to the Revenue Sharing
5 Trust Fund for Municipalities pursuant to s. 218.215. If the
6 total revenue to be distributed pursuant to this subparagraph
7 is at least as great as the amount due from the Revenue
8 Sharing Trust Fund for Municipalities and the Municipal
9 Financial Assistance Trust Fund in state fiscal year
10 1999-2000, no municipality shall receive less than the amount
11 due from the Revenue Sharing Trust Fund for Municipalities and
12 the Municipal Financial Assistance Trust Fund in state fiscal
13 year 1999-2000. If the total proceeds to be distributed are
14 less than the amount received in combination from the Revenue
15 Sharing Trust Fund for Municipalities and the Municipal
16 Financial Assistance Trust Fund in state fiscal year
17 1999-2000, each municipality shall receive an amount
18 proportionate to the amount it was due in state fiscal year
19 1999-2000.
20 7. Of the remaining proceeds:
21 a. Beginning July 1, 2000, and in each fiscal year
22 thereafter, the sum of $29,915,500 shall be divided into as
23 many equal parts as there are counties in the state, and one
24 part shall be distributed to each county. The distribution
25 among the several counties shall begin each fiscal year on or
26 before January 5th and shall continue monthly for a total of 4
27 months. If a local or special law required that any moneys
28 accruing to a county in fiscal year 1999-2000 under the
29 then-existing provisions of s. 550.135 be paid directly to the
30 district school board, special district, or a municipal
31 government, such payment shall continue until such time that
5
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 the local or special law is amended or repealed. The state
2 covenants with holders of bonds or other instruments of
3 indebtedness issued by local governments, special districts,
4 or district school boards prior to July 1, 2000, that it is
5 not the intent of this subparagraph to adversely affect the
6 rights of those holders or relieve local governments, special
7 districts, or district school boards of the duty to meet their
8 obligations as a result of previous pledges or assignments or
9 trusts entered into which obligated funds received from the
10 distribution to county governments under then-existing s.
11 550.135. This distribution specifically is in lieu of funds
12 distributed under s. 550.135 prior to July 1, 2000.
13 b. The department shall distribute $166,667 monthly
14 pursuant to s. 288.1162 to each applicant that has been
15 certified as a "facility for a new professional sports
16 franchise" or a "facility for a retained professional sports
17 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
18 distributed monthly by the department to each applicant that
19 has been certified as a "facility for a retained spring
20 training franchise" pursuant to s. 288.1162; however, not more
21 than $208,335 may be distributed monthly in the aggregate to
22 all certified facilities for a retained spring training
23 franchise. Distributions shall begin 60 days following such
24 certification and shall continue for not more than 30 years.
25 Nothing contained in this paragraph shall be construed to
26 allow an applicant certified pursuant to s. 288.1162 to
27 receive more in distributions than actually expended by the
28 applicant for the public purposes provided for in s.
29 288.1162(6). However, a certified applicant is entitled to
30 receive distributions up to the maximum amount allowable and
31 undistributed under this section for additional renovations
6
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 and improvements to the facility for the franchise without
2 additional certification.
3 c. Beginning 30 days after notice by the Office of
4 Tourism, Trade, and Economic Development to the Department of
5 Revenue that an applicant has been certified as the
6 professional golf hall of fame pursuant to s. 288.1168 and is
7 open to the public, $166,667 shall be distributed monthly, for
8 up to 300 months, to the applicant.
9 d. Beginning 30 days after notice by the Office of
10 Tourism, Trade, and Economic Development to the Department of
11 Revenue that the applicant has been certified as the
12 International Game Fish Association World Center facility
13 pursuant to s. 288.1169, and the facility is open to the
14 public, $83,333 shall be distributed monthly, for up to 168
15 months, to the applicant. This distribution is subject to
16 reduction pursuant to s. 288.1169. A lump sum payment of
17 $999,996 shall be made, after certification and before July 1,
18 2000.
19 8. All other proceeds shall remain with the General
20 Revenue Fund.
21 Section 3. This act shall take effect July 1, 2001.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 1, lines 2-9, delete those lines
27
28 and insert:
29 An act relating to small community sewer
30 construction assistance; amending s. 403.1838,
31 F.S.; providing considerations for grant
7
8:50 AM 03/08/01 s0628.nr.01
SENATE AMENDMENT
Bill No. SB 628 Barcode 404470
Amendment No. 1
1 eligibility; amending s. 212.20, F.S.;
2 providing for a reallocation of sales tax
3 proceeds; providing an effective date.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
8
8:50 AM 03/08/01 s0628.nr.01