| 1 | The Committee on Natural Resources recommends the following: |
| 2 |
|
| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to phosphate mining restoration, |
| 7 | reclamation, and cleanup; amending s. 211.3103, F.S.; |
| 8 | providing for an additional alternative distribution of |
| 9 | certain phosphate severance tax revenues to the |
| 10 | Nonmandatory Land Reclamation Trust Fund for certain |
| 11 | purposes for certain fiscal years; providing an effective |
| 12 | date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Subsections (3) and (4) of section 211.3103, |
| 17 | Florida Statutes, as amended by chapter 2003-423, Laws of |
| 18 | Florida, are amended to read: |
| 19 | 211.3103 Levy of tax on severance of phosphate rock; rate, |
| 20 | basis, and distribution of tax.-- |
| 21 | (3) Beginning July 1, 2005 2004, the proceeds of all |
| 22 | taxes, interest, and penalties imposed under this section shall |
| 23 | be paid into the State Treasury as follows: |
| 24 | (a) The first $10 million in revenue collected from the |
| 25 | tax during each fiscal year from fiscal year 2005-2006 through |
| 26 | and including fiscal year 2011-2012 shall be paid to the credit |
| 27 | of the Nonmandatory Land Reclamation Trust Fund to be used to |
| 28 | close the phosphogypsum stacks at Mulberry and Piney Point and |
| 29 | to reclaim lands disturbed by the severance of phosphate rock |
| 30 | prior to July 1, 1975, and thereafter shall be paid to the |
| 31 | credit of the Conservation and Recreation Lands Trust Fund. |
| 32 | (b) The remaining revenues collected from the tax during |
| 33 | that fiscal year, after the required payment under paragraph |
| 34 | (a), shall be paid into the State Treasury as follows: |
| 35 | 1. To the credit of the General Revenue Fund of the state, |
| 36 | 40.1 percent. The first $10 million of the amount credited to |
| 37 | the General Revenue Fund from fiscal year 2005-2006 through and |
| 38 | including fiscal year 2011-2012 shall be transferred to the |
| 39 | Nonmandatory Land Reclamation Trust Fund to fund the closure of |
| 40 | the phosphogypsum stacks at Mulberry and Piney Point and the |
| 41 | reclamation of lands disturbed by the severance of phosphate |
| 42 | rock prior to July 1, 1975. |
| 43 | 2. For payment to counties in proportion to the number of |
| 44 | tons of phosphate rock produced from a phosphate rock matrix |
| 45 | located within such political boundary, 16.5 percent. The |
| 46 | department shall distribute this portion of the proceeds |
| 47 | annually based on production information reported by the |
| 48 | producers on the annual returns for the taxable year. Any such |
| 49 | proceeds received by a county shall be used only for phosphate- |
| 50 | related expenses. |
| 51 | 3. For payment to counties that have been designated a |
| 52 | rural area of critical economic concern pursuant to s. 288.0656 |
| 53 | in proportion to the number of tons of phosphate rock produced |
| 54 | from a phosphate rock matrix located within such political |
| 55 | boundary, 13 percent. The department shall distribute this |
| 56 | portion of the proceeds annually based on production information |
| 57 | reported by the producers on the annual returns for the taxable |
| 58 | year. Payments under this subparagraph shall be made to the |
| 59 | counties unless the Legislature by special act creates a local |
| 60 | authority to promote and direct the economic development of the |
| 61 | county. If such authority exists, payments shall be made to that |
| 62 | authority. |
| 63 | 4. To the credit of the Phosphate Research Trust Fund in |
| 64 | the Division of Universities of the Department of Education, 9.3 |
| 65 | percent. |
| 66 | 5. To the credit of the Minerals Trust Fund, 10.7 percent. |
| 67 | 6. To the credit of the Nonmandatory Land Reclamation |
| 68 | Trust Fund, 10.4 percent. |
| 69 | (4) Beginning July 1, 2003, and annually thereafter, The |
| 70 | Department of Environmental Protection may use up to $2 million |
| 71 | of the funds in the Nonmandatory Land Reclamation Trust Fund |
| 72 | each year to purchase a surety bond or a policy of insurance, |
| 73 | the proceeds of which would pay the cost of restoration, |
| 74 | reclamation, and cleanup of any phosphogypsum stack system and |
| 75 | phosphate mining activities in the event that an operator or |
| 76 | permittee thereof has been subject to a final order of |
| 77 | bankruptcy and all funds available therefrom are determined to |
| 78 | be inadequate to accomplish such restoration, reclamation, and |
| 79 | cleanup. This section does not imply that such operator or |
| 80 | permittee is thereby relieved of its obligations or relieved of |
| 81 | any liabilities pursuant to any other remedies at law, |
| 82 | administrative remedies, statutory remedies, or remedies |
| 83 | pursuant to bankruptcy law. The department shall adopt rules to |
| 84 | implement this subsection, including the purchase and oversight |
| 85 | of the bond or policy. |
| 86 | Section 2. This act shall take effect July 1, 2005. |