Senate Bill sb0710c2

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    Florida Senate - 2002                     CS for CS for SB 710

    By the Committees on Finance and Taxation; and Natural
    Resources




    314-1871-02

  1                      A bill to be entitled

  2         An act relating to solid waste management;

  3         amending s. 212.20, F.S.; transferring sales

  4         tax proceeds to the Ecosystem Management and

  5         Restoration Trust Fund instead of the Solid

  6         Waste Management Trust Fund; amending s.

  7         403.709, F.S.; providing for uses of moneys in

  8         the Solid Waste Management Trust Fund; amending

  9         s. 403.7095, F.S.; providing for a competitive

10         and innovative solid waste management grant

11         program; providing for evaluation and

12         prioritization of grant proposals and

13         submission of prioritized list to the Governor

14         and Legislature; providing authority to adopt

15         rules to administer the grant program; amending

16         s. 403.718, F.S.; rescinding the requirement

17         for waste-tire fees to be deposited into a

18         waste-tire account within the Solid Waste

19         Management Trust Fund; repealing s. 403.719,

20         F.S., rescinding requirements for waste-tire

21         grants; creating the Water Quality Improvement

22         and Water Restoration Grant Programs; providing

23         for the Department of Environmental Protection

24         to develop and administer a competitive grant

25         program; providing for eligible grant

26         recipients; providing for submission of a list

27         to the Governor and Legislature; providing that

28         a certain percentage of funds available

29         annually be set aside to assist financially

30         disadvantaged small local governments;

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  1         providing authority to adopt rules for the

  2         grant program; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (6) of section 212.20, Florida

  7  Statutes, is amended to read:

  8         212.20  Funds collected, disposition; additional powers

  9  of department; operational expense; refund of taxes

10  adjudicated unconstitutionally collected.--

11         (6)  Distribution of all proceeds under this chapter

12  and s. 202.18(1)(b) and (2)(b) shall be as follows:

13         (a)  Proceeds from the convention development taxes

14  authorized under s. 212.0305 shall be reallocated to the

15  Convention Development Tax Clearing Trust Fund.

16         (b)  Proceeds from discretionary sales surtaxes imposed

17  pursuant to ss. 212.054 and 212.055 shall be reallocated to

18  the Discretionary Sales Surtax Clearing Trust Fund.

19         (c)  Proceeds from the fees imposed under ss.

20  212.05(1)(i)3. and 212.18(3) shall remain with the General

21  Revenue Fund.

22         (d)  The proceeds of all other taxes and fees imposed

23  pursuant to this chapter or remitted pursuant to s.

24  202.18(1)(b) and (2)(b) shall be distributed as follows:

25         1.  In any fiscal year, the greater of $500 million,

26  minus an amount equal to 4.6 percent of the proceeds of the

27  taxes collected pursuant to chapter 201, or 5 percent of all

28  other taxes and fees imposed pursuant to this chapter or

29  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

30  deposited in monthly installments into the General Revenue

31  Fund.

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  1         2.  Two-tenths of one percent shall be transferred to

  2  the Ecosystem Management and Restoration Trust Fund to be used

  3  for water quality improvement and water restoration projects

  4  Solid Waste Management Trust Fund.

  5         3.  After the distribution under subparagraphs 1. and

  6  2., 9.653 percent of the amount remitted by a sales tax dealer

  7  located within a participating county pursuant to s. 218.61

  8  shall be transferred into the Local Government Half-cent Sales

  9  Tax Clearing Trust Fund.

10         4.  After the distribution under subparagraphs 1., 2.,

11  and 3., 0.065 percent shall be transferred to the Local

12  Government Half-cent Sales Tax Clearing Trust Fund and

13  distributed pursuant to s. 218.65.

14         5.  For proceeds received after July 1, 2000, and after

15  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

16  percent of the available proceeds pursuant to this paragraph

17  shall be transferred monthly to the Revenue Sharing Trust Fund

18  for Counties pursuant to s. 218.215.

19         6.  For proceeds received after July 1, 2000, and after

20  the distributions under subparagraphs 1., 2., 3., and 4.,

21  1.0715 percent of the available proceeds pursuant to this

22  paragraph shall be transferred monthly to the Revenue Sharing

23  Trust Fund for Municipalities pursuant to s. 218.215. If the

24  total revenue to be distributed pursuant to this subparagraph

25  is at least as great as the amount due from the Revenue

26  Sharing Trust Fund for Municipalities and the Municipal

27  Financial Assistance Trust Fund in state fiscal year

28  1999-2000, no municipality shall receive less than the amount

29  due from the Revenue Sharing Trust Fund for Municipalities and

30  the Municipal Financial Assistance Trust Fund in state fiscal

31  year 1999-2000. If the total proceeds to be distributed are

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  1  less than the amount received in combination from the Revenue

  2  Sharing Trust Fund for Municipalities and the Municipal

  3  Financial Assistance Trust Fund in state fiscal year

  4  1999-2000, each municipality shall receive an amount

  5  proportionate to the amount it was due in state fiscal year

  6  1999-2000.

  7         7.  Of the remaining proceeds:

  8         a.  Beginning July 1, 2000, and in each fiscal year

  9  thereafter, the sum of $29,915,500 shall be divided into as

10  many equal parts as there are counties in the state, and one

11  part shall be distributed to each county.  The distribution

12  among the several counties shall begin each fiscal year on or

13  before January 5th and shall continue monthly for a total of 4

14  months.  If a local or special law required that any moneys

15  accruing to a county in fiscal year 1999-2000 under the

16  then-existing provisions of s. 550.135 be paid directly to the

17  district school board, special district, or a municipal

18  government, such payment shall continue until such time that

19  the local or special law is amended or repealed.  The state

20  covenants with holders of bonds or other instruments of

21  indebtedness issued by local governments, special districts,

22  or district school boards prior to July 1, 2000, that it is

23  not the intent of this subparagraph to adversely affect the

24  rights of those holders or relieve local governments, special

25  districts, or district school boards of the duty to meet their

26  obligations as a result of previous pledges or assignments or

27  trusts entered into which obligated funds received from the

28  distribution to county governments under then-existing s.

29  550.135.  This distribution specifically is in lieu of funds

30  distributed under s. 550.135 prior to July 1, 2000.

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  1         b.  The department shall distribute $166,667 monthly

  2  pursuant to s. 288.1162 to each applicant that has been

  3  certified as a "facility for a new professional sports

  4  franchise" or a "facility for a retained professional sports

  5  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  6  distributed monthly by the department to each applicant that

  7  has been certified as a "facility for a retained spring

  8  training franchise" pursuant to s. 288.1162; however, not more

  9  than $208,335 may be distributed monthly in the aggregate to

10  all certified facilities for a retained spring training

11  franchise. Distributions shall begin 60 days following such

12  certification and shall continue for not more than 30 years.

13  Nothing contained in this paragraph shall be construed to

14  allow an applicant certified pursuant to s. 288.1162 to

15  receive more in distributions than actually expended by the

16  applicant for the public purposes provided for in s.

17  288.1162(6). However, a certified applicant is entitled to

18  receive distributions up to the maximum amount allowable and

19  undistributed under this section for additional renovations

20  and improvements to the facility for the franchise without

21  additional certification.

22         c.  Beginning 30 days after notice by the Office of

23  Tourism, Trade, and Economic Development to the Department of

24  Revenue that an applicant has been certified as the

25  professional golf hall of fame pursuant to s. 288.1168 and is

26  open to the public, $166,667 shall be distributed monthly, for

27  up to 300 months, to the applicant.

28         d.  Beginning 30 days after notice by the Office of

29  Tourism, Trade, and Economic Development to the Department of

30  Revenue that the applicant has been certified as the

31  International Game Fish Association World Center facility

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  1  pursuant to s. 288.1169, and the facility is open to the

  2  public, $83,333 shall be distributed monthly, for up to 168

  3  months, to the applicant. This distribution is subject to

  4  reduction pursuant to s. 288.1169.  A lump sum payment of

  5  $999,996 shall be made, after certification and before July 1,

  6  2000.

  7         8.  All other proceeds shall remain with the General

  8  Revenue Fund.

  9         Section 2.  Section 403.709, Florida Statutes, is

10  amended to read:

11         403.709  Solid Waste Management Trust Fund; use of

12  waste tire fees fee moneys; waste tire site management.--

13         (1)  There is created the Solid Waste Management Trust

14  Fund, to be administered by the department for the purposes

15  of:

16         (a)  Funding core solid waste activities of the

17  department and other state agencies, such as providing

18  technical assistance to local governments and the private

19  sector, performing solid waste regulatory and enforcement

20  functions, funding removal of tires from illegal waste tire

21  sites, preparing solid waste documents, and implementing solid

22  waste education programs.

23         (b)  Making grants and awards to local governments as

24  provided in s. 403.7095.

25         (b)(c)  Providing funding for research, demonstration,

26  and training programs relating to solid waste management

27  through the Center for Solid and Hazardous Waste Management

28  and other organizations that can reasonably demonstrate the

29  capability to carry out such projects. by state universities,

30  community colleges, and independent nonprofit colleges and

31  universities within the state which are accredited by the

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  1  Southern Association of Colleges and Schools, and other

  2  organizations that can reasonably demonstrate the capability

  3  to carry out such projects.  Of the annual amounts

  4  appropriated by the Legislature for the Solid Waste Management

  5  Trust Fund, up to 5 percent may be reserved by the secretary

  6  and used to fund on a matching basis research, demonstration,

  7  and training projects related to solid waste management.

  8  Those projects may include, but are not limited to,

  9  undertakings such as market development for recycled

10  materials, composting techniques and use, and plastic

11  materials.

12         (c)  Providing funding to the Department of

13  Transportation for litter prevention and control programs

14  coordinated by Keep Florida Beautiful, Inc.

15         (d)  Providing funding for a competitive and innovative

16  grant program for activities relating to recycling and

17  reducing the volume of municipal solid waste, and solving

18  solid-waste problems resulting from waste tires.

19         (2)  For Fiscal Year 2003-2004, $3 million of the

20  revenues deposited in the fund annually from waste-tire fees

21  shall be transferred to the Operations Trust Fund in the

22  Department of Agriculture and Consumer Services to be used for

23  mosquito control, especially control of West Nile Virus. These

24  funds shall supplement any other fund provided to the

25  Department of Agriculture and Consumer Services for mosquito

26  control. Aseptic packaging is recognized as a significant

27  advancement in source reduction and energy efficiency. The

28  Legislature finds that the state's recycling goals could be

29  more easily reached if aseptic packaging and other polycoated

30  paperboard packaging could be collected from residences, state

31  agencies, public schools, community colleges, and

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  1  universities. Therefore, the department shall consider

  2  programs whereby such entities may participate in recycling

  3  aseptic packaging and other polycoated paperboard packaging,

  4  especially if businesses or industries make available, at no

  5  cost, equipment to simplify or facilitate such activity.

  6         (3)  Moneys allocated to the fund from waste tire fees

  7  shall be used:

  8         (a)  To pay department costs for administering these

  9  funds and programs.

10         (b)  To provide funding for research and demonstration

11  projects relating to solving solid waste problems resulting

12  from waste tires.

13         (c)  To provide funds for removal of tires from illegal

14  waste tire sites according to priorities established by

15  department rule.

16         (d)  To provide grants to counties to accomplish the

17  purposes set forth in s. 403.719.

18         (e)  At least 10 percent of the revenues deposited in

19  the fund annually from waste tire fees shall be allocated as

20  additional grants to local mosquito control agencies for the

21  specific purpose of abating and providing mosquito control

22  relating to waste tire sites, other tire piles, and other

23  sites identified by local mosquito control agencies as

24  mosquito breeding areas.  Only local mosquito control agencies

25  approved by the Department of Agriculture and Consumer

26  Services may receive funds pursuant to this paragraph.  Each

27  county with an eligible local mosquito control agency shall be

28  allocated a minimum of $15,000 pursuant to this paragraph.

29  Any remaining funds under this paragraph shall be distributed

30  to eligible local mosquito control agencies on the basis of

31  county population.  If more than one local mosquito control

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  1  agency exists in a county, the funds shall be prorated between

  2  the agencies based on the population served by each agency.

  3         (3)(4)  The department shall recover to the use of the

  4  fund from the site owner or the person responsible for the

  5  accumulation of tires at the site, jointly and severally, all

  6  sums expended from the fund pursuant to this section to manage

  7  tires at an illegal waste tire site, except that the

  8  department may decline to pursue such recovery if it finds the

  9  amount involved too small or the likelihood of recovery too

10  uncertain. If a court determines that the owner is unable or

11  unwilling to comply with the rules adopted pursuant to this

12  section or s. 403.717, the court may authorize the department

13  to take possession and control of the waste tire site in order

14  to protect the health, safety, and welfare of the community

15  and the environment.

16         (4)(5)  The department may impose a lien on the real

17  property on which the waste tire site is located and the waste

18  tires equal to the estimated cost to bring the tire site into

19  compliance, including attorney's fees and court costs.  Any

20  property owner which has such a lien imposed may release her

21  or his property from any lien claimed under this subsection by

22  filing with the clerk of the circuit court a cash or surety

23  bond, payable to the department in the amount of the estimated

24  cost of bringing the tire site into compliance with department

25  rules, including attorney's fees and court costs, or the value

26  of the property after the abatement action is complete,

27  whichever is less.

28         (5)(6)  This section does not limit the use of other

29  remedies available to the department.

30         Section 3.  Section 403.7095, Florida Statutes, is

31  amended to read:

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  1         (Substantial rewording of section. See

  2         s. 403.7095, F.S., for present text.)

  3         403.7095  Solid-waste-management grant program.--

  4         (1)  The department shall develop a competitive and

  5  innovative grant program for counties, municipalities, special

  6  districts, and nonprofit organizations that have legal

  7  responsibility for the provision of solid-waste-management

  8  services. The department shall ensure that not less than $2.5

  9  million is available annually for counties having a population

10  less than 100,000 for solid waste management activities,

11  including waste tire management, recycling and education

12  programs, and litter control. These funds shall be distributed

13  as follows: each eligible county shall receive a base grant in

14  the amount of $50,000, with the remaining funds distributed

15  proportionately based on population. Funds in excess of the

16  amount provided to counties having a population less than

17  100,000 shall be used to fund the competitive and innovative

18  grant program for projects that:

19         (a)  Demonstrate technologies or processes that are not

20  in common use in Florida, that represent a novel application

21  of an existing technology or process, or that overcome

22  obstacles to recycling and waste reduction in new or

23  innovative ways;

24         (b)  Demonstrate innovative processes to collect and

25  recycle or reduce materials targeted by the department and the

26  recycling industry; or

27         (c)  Demonstrate effective solutions to solving

28  solid-waste problems resulting from waste tires, particularly

29  in the areas of enforcement and abatement of illegal tire

30  dumping and activities to promote market development of waste

31  tire products.

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  1

  2  Because the Legislature recognizes that input from the

  3  recycling industry is essential to the success of this grant

  4  program, the department shall cooperate with private-sector

  5  entities to develop a process and define specific criteria for

  6  allowing their participation with grant recipients.

  7         (2)  The department shall evaluate and prioritize the

  8  annual grant proposals and present the annual prioritized list

  9  of projects to be funded to the Governor and the Legislature

10  as part of its annual budget request submitted pursuant to

11  chapter 216. Potential grant recipients are encouraged to

12  demonstrate local support for grant proposals by the

13  commitment of cash or in-kind matching funds.

14         (3)  The department may adopt rules necessary to

15  administer this section, including, but not limited to, rules

16  governing timeframes for submitting grant applications,

17  criteria for prioritizing, matching criteria, maximum grant

18  amounts, and allocation of appropriated funds based upon

19  project and applicant size.

20         Section 4.  Section 403.718, Florida Statutes, is

21  amended to read:

22         403.718  Waste-tire Waste tire fees.--

23         (1)  For the privilege of engaging in business, a fee

24  for each new motor vehicle tire sold at retail is imposed on

25  any person engaging in the business of making retail sales of

26  new motor vehicle tires within this state. The fee imposed

27  under this section shall be stated separately on the invoice

28  to the purchaser. Such fee shall be imposed at the rate of $1

29  for each new tire sold.  The fee imposed shall be paid to the

30  Department of Revenue on or before the 20th day of the month

31  following the month in which the sale occurs. For purposes of

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  1  this section, a motor vehicle tire sold at retail includes

  2  such tires when sold as a component part of a motor vehicle.

  3  The terms "sold at retail" and "retail sales" do not include

  4  the sale of new motor vehicle tires to a person solely for the

  5  purpose of resale provided the subsequent retail sale in this

  6  state is subject to the fee.  This fee does not apply to

  7  recapped tires.  Such fee shall be subject to all applicable

  8  taxes imposed in chapter 212.

  9         (2)  The fee imposed by this section shall be reported

10  to the Department of Revenue.  The payment shall be

11  accompanied by such form as the Department of Revenue may

12  prescribe.  The proceeds of the waste tire fee, less

13  administrative costs, shall be transferred by the Department

14  of Revenue into the waste tire account within the Solid Waste

15  Management Trust Fund.  For the purposes of this section,

16  "proceeds" of the fee means shall mean all funds collected and

17  received by the department hereunder, including interest and

18  penalties on delinquent fees.  The amount deducted for the

19  costs of administration must shall not exceed 3 percent of the

20  total revenues collected hereunder and may include shall be

21  only those costs reasonably attributable to the fee.

22         (3)(a)  The Department of Revenue shall administer,

23  collect, and enforce the fee authorized under this section

24  pursuant to the same procedures used in the administration,

25  collection, and enforcement of the general state sales tax

26  imposed under chapter 212, except as provided in this section.

27  The provisions of this section regarding the authority to

28  audit and make assessments, keeping of books and records, and

29  interest and penalties on delinquent fees shall apply.  The

30  fee shall not be included in the computation of estimated

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  1  taxes pursuant to s. 212.11 nor shall the dealer's credit for

  2  collecting taxes or fees in s. 212.12 apply to this fee.

  3         (b)  The Department of Revenue is authorized to employ

  4  persons and incur other expenses for which funds are

  5  appropriated by the Legislature.  The department is empowered

  6  to adopt such rules and shall prescribe and publish such forms

  7  as are may be necessary to effectuate the purposes of this

  8  section. The department is authorized to establish audit

  9  procedures and to assess delinquent fees.

10         Section 5.  Section 403.719, Florida Statutes, is

11  repealed.

12         Section 6.  Water Quality Improvement and Water

13  Restoration Grant Program.--

14         (1)  The Department of Environmental Protection shall

15  develop and administer a competitive grant program to use

16  funds transferred pursuant to section 212.20, Florida

17  Statutes, to the Ecosystem Management and Restoration Trust

18  Fund for water quality improvement and water restoration

19  project grants. Eligible recipients of such grants include

20  counties, municipalities, water management districts, and

21  special districts that have legal responsibilities for water

22  quality improvement, water management, storm water management,

23  sewer system operations, and lake and river restoration

24  projects.

25         (2)  The competitive grant program shall provide for

26  the evaluation of annual grant proposals, considering the

27  degree to which such projects will protect public health and

28  the environment. Other considerations in the evaluation of

29  projects shall include the degree that such grant proposals

30  will help implement plans developed pursuant to the Surface

31  Water Improvement and Management Act, other required water

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  1  restoration plans required by law, management plans prepared

  2  pursuant to section 403.067, Florida Statutes, or other plans

  3  adopted by local government for water quality improvement and

  4  water restoration.

  5         (3)  The department shall evaluate the annual grant

  6  proposals and present the annual list of projects recommended

  7  to be funded to the Governor and the Legislature as part of

  8  its annual budget request submitted pursuant to chapter 216,

  9  Florida Statutes.

10         (4)  Each fiscal year, at least 20 percent of the funds

11  available pursuant to subsection (1) shall be used for

12  projects to assist financially disadvantaged small local

13  governments. For purposes of this section, the term

14  "financially disadvantaged small local government" means a

15  municipality having a population of 7,500 or less, a county

16  having a population of 35,000 or less, according to the latest

17  decennial census and a per capita annual income less than the

18  state per capita annual income as determined by the United

19  States Department of Commerce, or counties in areas designated

20  by the Governor as rural areas of critical economic concern

21  pursuant to s. 288.0696. Grants made to these eligible local

22  governments shall not require matching local funds.

23         (5)  The department may adopt rules necessary to

24  administer this section, including, but not limited to, rules

25  governing timeframes for submitting grant applications,

26  evaluation criteria, forms, matching criteria, maximum grant

27  amounts, and allocation of appropriated funds based upon

28  project and applicant size.

29         Section 7.  This act shall take effect upon becoming a

30  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 710

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  4  Clarifies that funding for the litter prevention and control
    programs coordinated by Keep Florida Beautiful, Inc. is
  5  filtered through the Department of Transportation.

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