Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
                            CHAMBER ACTION
              Senate                               House
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11  The Conference Committee on CS for SB 24-C recommended the
12  following amendment:
13  
14         Conference Committee Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (d) of subsection (1) and
19  subsections (5) and (6) of section 201.15, Florida Statutes,
20  are amended to read:
21         201.15  Distribution of taxes collected.--All taxes
22  collected under this chapter shall be distributed as follows
23  and shall be subject to the service charge imposed in s.
24  215.20(1), except that such service charge shall not be levied
25  against any portion of taxes pledged to debt service on bonds
26  to the extent that the amount of the service charge is
27  required to pay any amounts relating to the bonds:
28         (1)  Sixty-two and sixty-three hundredths percent of
29  the remaining taxes collected under this chapter shall be used
30  for the following purposes:
31         (d)  The remainder of the moneys distributed under this
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  subsection, after the required payments under paragraphs (a),
 2  (b), and (c), shall be paid into the State Treasury to the
 3  credit of:
 4         1.  The State Transportation Trust Fund in the
 5  Department of Transportation in the amount of $541.75 million
 6  in each fiscal year, to be paid in quarterly installments and
 7  used for the following specified purposes, notwithstanding any
 8  other law to the contrary:
 9         a.  For the purposes of capital funding for the New
10  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309
11  and specified in s. 341.051, 10 percent of these funds;
12         b.  For the purposes of the Small County Outreach
13  Program specified in s. 339.2818, 5 percent of these funds;
14         c.  For the purposes of the Strategic Intermodal System
15  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75
16  percent of these funds after allocating for the New Starts
17  Transit Program described in sub-subparagraph a. and the Small
18  County Outreach Program described in sub-subparagraph b.; and
19         d.  For the purposes of the Transportation Regional
20  Incentive Program specified in s. 339.2819, 25 percent of
21  these funds after allocating for the New Starts Transit
22  Program described in sub-subparagraph a. and the Small County
23  Outreach Program described in sub-subparagraph b.
24         2.  For the 2007-2008 fiscal year and each fiscal year
25  thereafter, the Water Protection and Sustainability Program
26  Trust Fund in the Department of Environmental Protection in
27  the amount of $80 $100 million in each fiscal year, to be paid
28  in quarterly installments and used as required by s. 403.890.
29         3.  The Grants and Donations Trust Fund in the
30  Department of Community Affairs in the amount of $3.25 million
31  in each fiscal year to be paid in monthly installments, with
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  $3 million to be used to fund technical assistance to local
 2  governments and school boards on the requirements and
 3  implementation of this act and $250,000 to be used to fund the
 4  Century Commission established in s. 163.3247.
 5  
 6  Moneys distributed pursuant to this paragraph may not be
 7  pledged for debt service unless such pledge is approved by
 8  referendum of the voters.
 9         (5)a.  For the 2007-2008 fiscal year, 3.96 Four and
10  two-tenths percent of the remaining taxes collected under this
11  chapter shall be paid into the State Treasury to the credit of
12  the Conservation and Recreation Lands Trust Fund to carry out
13  the purposes set forth in s. 259.032. Ten and five-hundreths
14  Nine and one-half percent of the amount credited to the
15  Conservation and Recreation Lands Trust Fund pursuant to this
16  subsection shall be transferred to the State Game Trust Fund
17  and used for land management activities.
18         b.  Beginning July 1, 2008, 3.52 percent of the
19  remaining taxes collected under this chapter shall be paid
20  into the State Treasury to the credit of the Conservation and
21  Recreation Lands Trust Fund to carry out the purposes set
22  forth in s. 259.032. Eleven and fifteen hundredths percent of
23  the amount credited to the Conservation and Recreation Lands
24  Trust Fund pursuant to this subsection shall be transferred to
25  the State Game Trust Fund and used for land management
26  activities.
27         (6)  The lesser of two and twenty-eight hundredths
28  percent of the remaining taxes collected under this chapter or
29  $34.1 $36.1 million in each fiscal year shall be paid into the
30  State Treasury to the credit of the Invasive Plant Control
31  Trust Fund to carry out the purposes set forth in ss. 369.22
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  and 369.252 and for water projects as provided in the General
 2  Appropriations Act.
 3         Section 2.  Section 403.890, Florida Statutes, is
 4  amended to read:
 5         403.890  Water Protection and Sustainability Program;
 6  intent; goals; purposes.--
 7         (1)  Effective July 1, 2006, revenues transferred from
 8  the Department of Revenue pursuant to s. 201.15(1)(d)2. shall
 9  be deposited into the Water Protection and Sustainability
10  Program Trust Fund in the Department of Environmental
11  Protection. These revenues and any other additional revenues
12  deposited into or appropriated to the Water Protection and
13  Sustainability Trust Fund shall be distributed by the
14  Department of Environmental Protection in the following
15  manner:
16         (a)  Sixty percent to the Department of Environmental
17  Protection for the implementation of an alternative water
18  supply program as provided in s. 373.1961.
19         (b)  Twenty percent for the implementation of best
20  management practices and capital project expenditures
21  necessary for the implementation of the goals of the total
22  maximum daily loads program established in s. 403.067. Of
23  these funds, 85 percent shall be transferred to the credit of
24  the Department of Environmental Protection Water Quality
25  Assurance Trust Fund to address water quality impacts
26  associated with nonagricultural nonpoint sources. Fifteen
27  percent of these funds shall be transferred to the Department
28  of Agriculture and Consumer Services General Inspection Trust
29  Fund to address water quality impacts associated with
30  agricultural nonpoint sources. These funds shall be used for
31  research, development, demonstration, and implementation of
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  the total maximum daily load program under s. 403.067,
 2  suitable best management practices or other measures used to
 3  achieve water quality standards in surface waters and water
 4  segments identified pursuant to s. 303(d) of the Clean Water
 5  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 6  Implementation of best management practices and other measures
 7  may include cost-share grants, technical assistance,
 8  implementation tracking, and conservation leases or other
 9  agreements for water quality improvement. The Department of
10  Environmental Protection and the Department of Agriculture and
11  Consumer Services may adopt rules governing the distribution
12  of funds for implementation of capital projects, best
13  management practices, and other measures. These funds shall
14  not be used to abrogate the financial responsibility of those
15  point and nonpoint sources that have contributed to the
16  degradation of water or land areas. Increased priority shall
17  be given by the department and the water management district
18  governing boards to those projects that have secured a
19  cost-sharing agreement allocating responsibility for the
20  cleanup of point and nonpoint sources.
21         (c)  Ten percent shall be disbursed for the purposes of
22  funding projects pursuant to ss. 373.451-373.459 or surface
23  water restoration activities in
24  water-management-district-designated priority water bodies.
25  The Secretary of Environmental Protection shall ensure that
26  each water management district receives the following
27  percentage of funds annually:
28         1.  Thirty-five percent to the South Florida Water
29  Management District;
30         2.  Twenty-five percent to the Southwest Florida Water
31  Management District;
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1         3.  Twenty-five percent to the St. Johns River Water
 2  Management District;
 3         4.  Seven and one-half percent to the Suwannee River
 4  Water Management District; and
 5         5.  Seven and one-half percent to the Northwest Florida
 6  Water Management District.
 7         (d)  Ten percent to the Department of Environmental
 8  Protection for the Disadvantaged Small Community Wastewater
 9  Grant Program as provided in s. 403.1838.
10         (e)  Beginning June 30, 2007, and every 24 months
11  thereafter, the Department of Environmental Protection shall
12  request the return of all unencumbered funds distributed
13  pursuant to this section.  These funds shall be deposited into
14  the Water Protection and Sustainability Program Trust Fund and
15  redistributed pursuant to the provisions of this section.
16         (2)  Applicable beginning in the 2007-2008 fiscal year,
17  revenues transferred from the Department of Revenue pursuant
18  to s. 201.15(1)(d)2. shall be deposited into the Water
19  Protection and Sustainability Program Trust Fund in the
20  Department of Environmental Protection. These revenues and any
21  other additional revenues deposited into or appropriated to
22  the Water Protection and Sustainability Trust Fund shall be
23  distributed by the Department of Environmental Protection in
24  the following manner:
25         (a)  Sixty-five percent to the Department of
26  Environmental Protection for the implementation of an
27  alternative water supply program as provided in s. 373.1961.
28         (b)  Twenty-two and five-tenths percent for the
29  implementation of best management practices and capital
30  project expenditures necessary for the implementation of the
31  goals of the total maximum daily loads program established in
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  s. 403.067. Of these funds, 83.33 percent shall be transferred
 2  to the credit of the Department of Environmental Protection
 3  Water Quality Assurance Trust Fund to address water quality
 4  impacts associated with nonagricultural nonpoint sources.
 5  Sixteen and sixty-seven hundredths percent of these funds
 6  shall be transferred to the Department of Agriculture and
 7  Consumer Services General Inspection Trust Fund to address
 8  water quality impacts associated with agricultural nonpoint
 9  sources. These funds shall be used for research, development,
10  demonstration, and implementation of the total maximum daily
11  load program under s. 403.067, suitable best management
12  practices or other measures used to achieve water quality
13  standards in surface waters and water segments identified
14  pursuant to s. 303(d) of the Clean Water Act, Pub. L. No.
15  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best
16  management practices and other measures may include cost-share
17  grants, technical assistance, implementation tracking, and
18  conservation leases or other agreements for water quality
19  improvement. The Department of Environmental Protection and
20  the Department of Agriculture and Consumer Services may adopt
21  rules governing the distribution of funds for implementation
22  of capital projects, best management practices, and other
23  measures. These funds shall not be used to abrogate the
24  financial responsibility of those point and nonpoint sources
25  that have contributed to the degradation of water or land
26  areas. Increased priority shall be given by the department and
27  the water management district governing boards to those
28  projects that have secured a cost-sharing agreement allocating
29  responsibility for the cleanup of point and nonpoint sources.
30         (c)  Twelve and five-tenths percent to the Department
31  of Environmental Protection for the Disadvantaged Small
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  Community Wastewater Grant Program as provided in s. 403.1838.
 2         (d)  On June 30, 2009, and every 24 months thereafter,
 3  the Department of Environmental Protection shall request the
 4  return of all unencumbered funds distributed pursuant to this
 5  section. These funds shall be deposited into the Water
 6  Protection and Sustainability Program Trust Fund and
 7  redistributed pursuant to the provisions of this section.
 8         (3)(2)  For fiscal year 2005-2006, funds deposited or
 9  appropriated into the Water Protection and Sustainability
10  Trust Fund shall be distributed as follows:
11         (a)  One hundred million dollars to the Department of
12  Environmental Protection for the implementation of an
13  alternative water supply program as provided in s. 373.1961.
14         (b)  Funds remaining after the distribution provided
15  for in subsection (1) shall be distributed as follows:
16         1.  Fifty percent for the implementation of best
17  management practices and capital project expenditures
18  necessary for the implementation of the goals of the total
19  maximum daily loads program established in s. 403.067. Of
20  these funds, 85 percent shall be transferred to the credit of
21  the Department of Environmental Protection Water Quality
22  Assurance Trust Fund to address water quality impacts
23  associated with nonagricultural nonpoint sources. Fifteen
24  percent of these funds shall be transferred to the Department
25  of Agriculture and Consumer Services General Inspection Trust
26  Fund to address water quality impacts associated with
27  agricultural nonpoint sources. These funds shall be used for
28  research, development, demonstration, and implementation of
29  suitable best management practices or other measures used to
30  achieve water quality standards in surface waters and water
31  segments identified pursuant to s. 303(d) of the Clean Water
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2  Implementation of best management practices and other measures
 3  may include cost-share grants, technical assistance,
 4  implementation tracking, and conservation leases or other
 5  agreements for water quality improvement.  The Department of
 6  Environmental Protection and the Department of Agriculture and
 7  Consumer Services may adopt rules governing the distribution
 8  of funds for implementation of best management practices.
 9  These funds shall not be used to abrogate the financial
10  responsibility of those point and nonpoint sources that have
11  contributed to the degradation of water or land areas.
12  Increased priority shall be given by the department and the
13  water management district governing boards to those projects
14  that have secured a cost-sharing agreement allocating
15  responsibility for the cleanup of point and nonpoint sources.
16         2.  Twenty-five percent for the purposes of funding
17  projects pursuant to ss. 373.451-373.459 or surface water
18  restoration activities in water-management-district-designated
19  priority water bodies. The Secretary of Environmental
20  Protection shall ensure that each water management district
21  receives the following percentage of funds annually:
22         a.  Thirty-five percent to the South Florida Water
23  Management District;
24         b.  Twenty-five percent to the Southwest Florida Water
25  Management District;
26         c.  Twenty-five percent to the St. Johns River Water
27  Management District;
28         d.  Seven and one-half percent to the Suwannee River
29  Water Management District; and
30         e.  Seven and one-half percent to the Northwest Florida
31  Water Management District.
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1         3.  Twenty-five percent to the Department of
 2  Environmental Protection for the Disadvantaged Small Community
 3  Wastewater Grant Program as provided in s. 403.1838.
 4  
 5  Prior to the end of the 2008 Regular Session, the Legislature
 6  must review the distribution of funds under the Water
 7  Protection and Sustainability Program to determine if
 8  revisions to the funding formula are required. At the
 9  discretion of the President of the Senate and the Speaker of
10  the House of Representatives, the appropriate substantive
11  committees of the Legislature may conduct an interim project
12  to review the Water Protection and Sustainability Program and
13  the funding formula and make written recommendations to the
14  Legislature proposing necessary changes, if any.
15         (4)(3)  In addition to the uses allowed in subsection
16  (2) (1) for the 2007-2008 fiscal year, interest earnings
17  accumulated in the Water Protection and Sustainability Program
18  Trust Fund shall be transferred to the Ecosystem Management
19  and Restoration Trust Fund for grants and aids to local
20  governments for water projects as provided in the General
21  Appropriations Act. This subsection expires July 1, 2008.
22         Section 3.  To the extent that revenues have been
23  distributed before November 1, 2007, in excess of the amounts
24  authorized in s. 403.892(2), Florida Statutes, as amended by
25  this act, the Department of Environmental Protection shall
26  reallocate the funds so that the total distribution in the
27  2007-2008 fiscal year is consistent with the distribution set
28  forth in s. 403.890(2), Florida Statutes, as amended by this
29  act.
30         Section 4.  This act shall take effect upon becoming a
31  law.
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    Florida Senate - 2007           CONFERENCE COMMITTEE AMENDMENT
    Bill No. CS for SB 24-C
                        Barcode 430156
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         Delete everything before the enacting clause
 4  
 5  and insert:  
 6                      A bill to be entitled
 7         An act relating to trust funds; amending s.
 8         201.15, F.S.; revising the amount of revenue
 9         from the excise tax which is deposited into the
10         Water Protection and Sustainability Program
11         Trust Fund, the Conservation and Recreation
12         Lands Trust Fund, and the Invasive Plant
13         Control Trust Fund in the Department of
14         Environmental Protection and the State Game
15         Trust Fund in the Fish and Wildlife
16         Conservation Commission; amending s. 403.890,
17         F.S.; revising the distribution of funds into
18         the Water Protection and Sustainability Program
19         Trust Fund to conform to changes made by the
20         act; requiring the Department of Environmental
21         Protection to reallocate funds to conform to
22         changes in distributions made by the act;
23         providing an effective date.
24  
25  
26  
27  
28  
29  
30  
31  
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