The Florida Senate

211.31  Levy of tax on severance of certain solid minerals; rate, basis, and distribution of tax.--

(1)  There is hereby levied, to be collected as provided herein, an excise tax upon every person engaging in the business of severing solid minerals, except phosphate rock and heavy minerals, from the soils and waters of this state for commercial use. Such tax shall be 5 percent of the value at the point of severance of the identifiable solid minerals severed through June 30, 1995. Beginning July 1, 1995, such tax shall be 6 percent of the value at the point of severance of the identifiable solid minerals severed. Beginning July 1, 1996, such tax shall be 7 percent of the value at the point of severance of the identifiable solid minerals severed. Beginning July 1, 1997, and thereafter, such tax shall be 8 percent of the value at the point of severance of the identifiable solid minerals severed.

(a)  The proceeds of the tax imposed by this section shall be paid into the State Treasury through June 30, 1994, as follows:

1.  Fifty percent to the credit of the General Revenue Fund of the state; and

2.  Fifty percent to the credit of the Land Reclamation Trust Fund established for refunds under the provisions of s. 211.32

Moneys paid into the Land Reclamation Trust Fund through June 30, 1994, shall remain available in that fund for refunds in accordance with the provisions of s. 211.32 until those moneys have been so depleted. Lands mined through June 30, 1994, shall remain eligible for such refunds. The Land Reclamation Trust Fund is abolished on July 1, 1999.

(b)  Beginning July 1, 1994, the proceeds of the tax imposed by this section shall be paid into the State Treasury as follows:

1.  Fifty percent to the credit of the General Revenue Fund of the state; and

2.  Fifty percent to the credit of the Minerals Trust Fund.

(c)  Beginning July 1, 1995, the proceeds of the tax imposed by this section shall be paid into the State Treasury as follows:

1.  Thirty-two percent to the credit of the General Revenue Fund of the state; and

2.  Sixty-eight percent to the credit of the Minerals Trust Fund.

(2)  On April 1 of each year until such funding ends, the Secretary of Environmental Protection shall report to the Governor, the President of the Senate, and the Speaker of the House of Representatives as to the sufficiency of the Nonmandatory Land Reclamation Trust Fund and whether the funding of that fund needed substantially to complete the master reclamation plan as provided in s. 378.021 should be decreased, increased, or otherwise modified by law.

(3)  Interest earned on funds within any trust fund created under this part shall be invested and reinvested to the credit of such trust fund in accordance with s. 18.125

(4)  The expenses of administering this part and ss. 378.011, 378.021, 378.031, and 378.101 shall be borne by the Land Reclamation Trust Fund, the Nonmandatory Land Reclamation Trust Fund, and the Phosphate Research Trust Fund.

(5)  The purpose of the Minerals Trust Fund is to receive designated taxes on severance of minerals to fund the administrative costs of programs of this state established to reclaim those lands disturbed by the severance of minerals; to fund the geological survey of the state; to fund the regulation of oil and gas exploration and production; to serve as a repository for funds allocated pursuant to ss. 377.24(1), 377.2408(1), 377.2425(1)(b), 377.247, and 377.41 that will enable the Department of Environmental Protection to respond without delay to incidents that affect safety or threaten to cause environmental damage or contamination as a result of incidents involving petroleum exploration and production activities; and to make available immediately to such department funds sufficient to correct violations such as an operator's failure to adequately plug, abandon, or restore production sites or other test sites and facilities after operations cease, if the permittee or operator does not correct the violation within a reasonable time. On June 30 of each fiscal year, beginning with fiscal year 2000-2001, of any funds credited to the Minerals Trust Fund from severance taxes in excess of 150 percent of the legislative appropriation from the Minerals Trust Fund, 50 percent of the excess shall be transferred to the General Revenue Fund and 50 percent of the excess shall be transferred to the Nonmandatory Land Reclamation Trust Fund.

History.--ss. 1, 3, ch. 71-105; s. 2, ch. 75-40; s. 1, ch. 77-406; s. 1, ch. 78-136; s. 7, ch. 79-255; s. 2, ch. 81-35; s. 112, ch. 81-259; s. 8, ch. 81-295; s. 9, ch. 87-96; s. 7, ch. 87-331; s. 2, ch. 94-197; s. 49, ch. 94-356; s. 9, ch. 96-321; s. 1, ch. 2000-176.