Florida Senate - 2015                                     SB 586
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00218F-15                                            2015586__
    1                        A bill to be entitled                      
    2         An act relating to the implementation of the water and
    3         land conservation constitutional amendment; amending
    4         s. 201.15, F.S.; revising and deleting distributions
    5         of the tax; providing that specified distributions to
    6         the Land Acquisition Trust Fund are not subject to the
    7         service charge under s. 215.20, F.S.; revising the
    8         purposes for which distributions may be used;
    9         repealing s. 161.05301, F.S., relating to beach
   10         erosion control project staffing; repealing s.
   11         161.091(3), F.S., relating to funding for the state’s
   12         beach management plan; repealing s. 375.045, F.S.,
   13         relating to the Florida Preservation 2000 Trust Fund;
   14         amending s. 375.075, F.S.; requiring specified public
   15         recreation projects to have been selected through the
   16         Department of Environmental Protection’s competitive
   17         selection process prior to the release of funds;
   18         conforming provisions to changes made by the act;
   19         amending ss. 201.0205, 215.618, 215.619, 259.032,
   20         259.1051, 339.0801, 339.55, 341.303, 343.58, 369.252,
   21         379.214, 379.362, 403.8911, 420.5092, and 420.9073,
   22         F.S.; conforming provisions to changes made by the
   23         act; reenacting ss. 201.031(2), 339.2818(6),
   24         339.2819(5), 339.61(3), 341.051(6), 373.470(4)(e), and
   25         420.9079(1), F.S., to incorporate the amendment made
   26         by this act to s. 201.15, F.S., in references thereto;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 201.15, Florida Statutes, is amended to
   32  read:
   33         201.15 Distribution of taxes collected.—All taxes collected
   34  under this chapter, except taxes distributed to the Land
   35  Acquisition Trust Fund pursuant to subsections (1) and (2), are
   36  subject to the service charge imposed in s. 215.20(1). Before
   37  distribution pursuant to under this section, the Department of
   38  Revenue shall deduct amounts necessary to pay the costs of the
   39  collection and enforcement of the tax levied by this chapter.
   40  The Such costs and the service charge may not be levied against
   41  any portion of taxes pledged to debt service on bonds to the
   42  extent that the costs and service charge are required to pay any
   43  amounts relating to the bonds. After distributions are made
   44  pursuant to subsection (1), All of the costs of the collection
   45  and enforcement of the tax levied by this chapter and the
   46  service charge shall be available and transferred to the extent
   47  necessary to pay debt service and any other amounts payable with
   48  respect to bonds authorized before January 1, 2015, secured by
   49  revenues distributed pursuant to this section subsection (1).
   50  All taxes remaining after deduction of costs and the service
   51  charge shall be distributed as follows:
   52         (1) All of the remaining taxes collected under this chapter
   53  are pledged and shall be first made available to make payments
   54  on bonds issued pursuant to s. 215.618 or s. 215.619, as
   55  provided under paragraphs (3)(a) and (b), or on any other bonds
   56  authorized to be issued on a parity basis with such bonds.
   57  Amounts necessary to make such payments shall be deposited in
   58  the Land Acquisition Trust Fund.
   59         (2) From taxes remaining after the payments required
   60  pursuant to subsection (1), an amount equal to 33 percent of all
   61  taxes collected after first deducting the costs of collection,
   62  minus amounts paid pursuant to subsection (1), shall be
   63  deposited in the Land Acquisition Trust Fund.
   64         (3) Amounts on deposit in the Land Acquisition Trust Fund
   65  Sixty-three and thirty-one hundredths percent of the remaining
   66  taxes shall be used in for the following order purposes:
   67         (a) Payment of Amounts necessary to pay the debt service
   68  on, or funding of fund debt service reserve funds, rebate
   69  obligations, or other amounts payable with respect to
   70  Preservation 2000 bonds issued pursuant to s. 375.051 and
   71  Florida Forever bonds issued pursuant to s. 215.618, shall be
   72  paid into the State Treasury to the credit of the Land
   73  Acquisition Trust Fund to be used for such purposes. The amount
   74  used for such purposes transferred to the Land Acquisition Trust
   75  Fund may not exceed $300 million in each fiscal year 1999-2000
   76  and thereafter for Preservation 2000 bonds and bonds issued to
   77  refund Preservation 2000 bonds, and $300 million in fiscal year
   78  2000-2001 and thereafter for Florida Forever bonds. The annual
   79  amount transferred to the Land Acquisition Trust Fund for
   80  Florida Forever bonds may not exceed $30 million in the first
   81  fiscal year in which bonds are issued. The limitation on the
   82  amount transferred shall be increased by an additional $30
   83  million in each subsequent fiscal year, but may not exceed a
   84  total of $300 million in any fiscal year for all bonds issued.
   85  It is the intent of the Legislature that all bonds issued to
   86  fund the Florida Forever Act be retired by December 31, 2040.
   87  Except for bonds issued to refund previously issued bonds, no
   88  series of bonds may be issued pursuant to this paragraph unless
   89  such bonds are approved and the debt service for the remainder
   90  of the fiscal year in which the bonds are issued is specifically
   91  appropriated in the General Appropriations Act. For purposes of
   92  refunding Preservation 2000 bonds, amounts designated within
   93  this section for Preservation 2000 and Florida Forever bonds may
   94  be transferred between the two programs to the extent provided
   95  for in the documents authorizing the issuance of the bonds. The
   96  Preservation 2000 bonds and Florida Forever bonds are equally
   97  and ratably secured by moneys distributable to the Land
   98  Acquisition Trust Fund pursuant to this section, except as
   99  specifically provided otherwise by the documents authorizing the
  100  issuance of the bonds. Moneys transferred to the Land
  101  Acquisition Trust Fund pursuant to this paragraph, or earnings
  102  thereon, may not be used or made available to pay debt service
  103  on the Save Our Coast revenue bonds.
  104         (b) Payment Moneys shall be paid into the State Treasury to
  105  the credit of the Save Our Everglades Trust Fund in amounts
  106  necessary to pay debt service, provide reserves, and pay rebate
  107  obligations and other amounts due with respect to bonds issued
  108  pursuant to under s. 215.619. Taxes distributed under paragraph
  109  (a) and this paragraph must be collectively distributed on a pro
  110  rata basis when the available moneys under this subsection are
  111  not sufficient to cover the amounts required under paragraph (a)
  112  and this paragraph.
  113  
  114  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  115  and ratably secured by moneys distributable to the Land
  116  Acquisition Trust Fund.
  117         (4)(c) After the required distribution to the Land
  118  Acquisition Trust Fund pursuant to subsection (1) and deduction
  119  of the service charge imposed pursuant to s. 215.20(1) payments
  120  under paragraphs (a) and (b), the remainder shall be distributed
  121  as follows paid into the State Treasury to the credit of:
  122         (a)1.The State Transportation Trust Fund in the Department
  123  of Transportation in the amount of The lesser of 24.18442 38.2
  124  percent of the remainder or $541.75 million in each fiscal year
  125  shall be paid into the State Treasury to the credit of the State
  126  Transportation Trust Fund. Out Of such funds, the first $50
  127  million for the 2012-2013 fiscal year; $65 million for the 2013
  128  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  129  year and all subsequent years, shall be transferred to the State
  130  Economic Enhancement and Development Trust Fund within the
  131  Department of Economic Opportunity. Notwithstanding any other
  132  law, the remaining amount credited to the State Transportation
  133  Trust Fund shall remainder is to be used for the following
  134  specified purposes, notwithstanding any other law to the
  135  contrary:
  136         1.a.For the purposes of Capital funding for the New Starts
  137  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  138  specified in s. 341.051, in the amount of 10 percent of the
  139  these funds;
  140         2.b.For the purposes of The Small County Outreach Program
  141  specified in s. 339.2818, in the amount of 10 5 percent of the
  142  these funds. Effective July 1, 2014, the percentage allocated
  143  under this sub-subparagraph shall be increased to 10 percent;
  144         3.c.For the purposes of The Strategic Intermodal System
  145  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  146  amount of 75 percent of the these funds after deduction of the
  147  payments required pursuant to subparagraphs 1. and 2. allocating
  148  for the New Starts Transit Program described in sub-subparagraph
  149  a. and the Small County Outreach Program described in sub
  150  subparagraph b.; and
  151         4.d.For the purposes of The Transportation Regional
  152  Incentive Program specified in s. 339.2819, in the amount of 25
  153  percent of the these funds after deduction of the payments
  154  required pursuant to subparagraphs 1. and 2. allocating for the
  155  New Starts Transit Program described in sub-subparagraph a. and
  156  the Small County Outreach Program described in sub-subparagraph
  157  b. Effective July 1, 2014, The first $60 million of the funds
  158  allocated pursuant to this subparagraph sub-subparagraph shall
  159  be allocated annually to the Florida Rail Enterprise for the
  160  purposes established in s. 341.303(5).
  161         (b)2.The Grants and Donations Trust Fund in the Department
  162  of Economic Opportunity in the amount of The lesser of .1456 .23
  163  percent of the remainder or $3.25 million in each fiscal year
  164  shall be paid into the State Treasury to the credit of the
  165  Grants and Donations Trust Fund in the Department of Economic
  166  Opportunity to fund technical assistance to local governments.
  167         3. The Ecosystem Management and Restoration Trust Fund in
  168  the amount of the lesser of 2.12 percent of the remainder or $30
  169  million in each fiscal year, to be used for the preservation and
  170  repair of the state’s beaches as provided in ss. 161.091
  171  161.212.
  172         4. General Inspection Trust Fund in the amount of the
  173  lesser of .02 percent of the remainder or $300,000 in each
  174  fiscal year to be used to fund oyster management and restoration
  175  programs as provided in s. 379.362(3).
  176  
  177  Moneys distributed pursuant to paragraphs (a) and (b) this
  178  paragraph may not be pledged for debt service unless such pledge
  179  is approved by referendum of the voters.
  180         (d)After the required payments under paragraphs (a), (b),
  181  and (c), the remainder shall be paid into the State Treasury to
  182  the credit of the General Revenue Fund to be used and expended
  183  for the purposes for which the General Revenue Fund was created
  184  and exists by law.
  185         (2) The lesser of 7.56 percent of the remaining taxes or
  186  $84.9 million in each fiscal year shall be distributed as
  187  follows:
  188         (a) Six million and three hundred thousand dollars shall be
  189  paid into the State Treasury to the credit of the General
  190  Revenue Fund.
  191         (b) The remainder shall be paid into the State Treasury to
  192  the credit of the Land Acquisition Trust Fund. Sums deposited in
  193  the fund pursuant to this subsection may be used for any purpose
  194  for which funds deposited in the Land Acquisition Trust Fund may
  195  lawfully be used.
  196         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  197  $26 million in each fiscal year shall be distributed in the
  198  following order:
  199         1. Amounts necessary to pay debt service or to fund debt
  200  service reserve funds, rebate obligations, or other amounts
  201  payable with respect to bonds issued before February 1, 2009,
  202  pursuant to this subsection shall be paid into the State
  203  Treasury to the credit of the Land Acquisition Trust Fund.
  204         2. Eleven million dollars shall be paid into the State
  205  Treasury to the credit of the General Revenue Fund.
  206         3. The remainder shall be paid into the State Treasury to
  207  the credit of the Land Acquisition Trust Fund.
  208         (b) Moneys deposited in the Land Acquisition Trust Fund
  209  pursuant to this subsection shall be used to acquire coastal
  210  lands or to pay debt service on bonds issued to acquire coastal
  211  lands and to develop and manage lands acquired with moneys from
  212  the trust fund.
  213         (4) The lesser of 4.2 percent of the remaining taxes or
  214  $60.5 million in each fiscal year shall be paid into the State
  215  Treasury to the credit of the Water Management Lands Trust Fund.
  216  Sums deposited in that fund may be used for any purpose
  217  authorized in s. 373.59. An amount equal to the amounts
  218  necessary to pay debt service or to fund debt service reserve
  219  funds, rebate obligations, or other amounts payable with respect
  220  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  221  proviso associated with Specific Appropriation 1626A of the
  222  2014-2015 General Appropriations Act shall be transferred
  223  annually from the Water Management Lands Trust Fund to the
  224  General Revenue Fund.
  225         (5) Of the remaining taxes, 3.52 percent shall be paid into
  226  the State Treasury to the credit of the Conservation and
  227  Recreation Lands Trust Fund to carry out the purposes set forth
  228  in s. 259.032. Eleven and fifteen hundredths percent of the
  229  amount credited to the Conservation and Recreation Lands Trust
  230  Fund pursuant to this subsection shall be transferred to the
  231  State Game Trust Fund and used for land management activities.
  232         (6) The lesser of 2.28 percent of the remaining taxes or
  233  $34.1 million in each fiscal year shall be paid into the State
  234  Treasury to the credit of the Invasive Plant Control Trust Fund
  235  to carry out the purposes set forth in ss. 369.22 and 369.252.
  236         (7) The lesser of .5 percent of the remaining taxes or $9.3
  237  million in each fiscal year shall be paid into the State
  238  Treasury to the credit of the State Game Trust Fund to be used
  239  exclusively for the purpose of implementing the Lake Restoration
  240  2020 Program.
  241         (8) One-half of one percent of the remaining taxes shall be
  242  paid into the State Treasury and divided equally to the credit
  243  of the Department of Environmental Protection Water Quality
  244  Assurance Trust Fund to address water quality impacts associated
  245  with nonagricultural nonpoint sources and to the credit of the
  246  Department of Agriculture and Consumer Services General
  247  Inspection Trust Fund to address water quality impacts
  248  associated with agricultural nonpoint sources, respectively.
  249  These funds shall be used for research, development,
  250  demonstration, and implementation of suitable best management
  251  practices or other measures used to achieve water quality
  252  standards in surface waters and water segments identified
  253  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  254  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  255  management practices and other measures may include cost-share
  256  grants, technical assistance, implementation tracking, and
  257  conservation leases or other agreements for water quality
  258  improvement. The Department of Environmental Protection and the
  259  Department of Agriculture and Consumer Services may adopt rules
  260  governing the distribution of funds for implementation of best
  261  management practices. The unobligated balance of funds received
  262  from the distribution of taxes collected under this chapter to
  263  address water quality impacts associated with nonagricultural
  264  nonpoint sources must be excluded when calculating the
  265  unobligated balance of the Water Quality Assurance Trust Fund as
  266  it relates to the determination of the applicable excise tax
  267  rate.
  268         (c)(9) Seven and fifty-three hundredths percent of the
  269  remainder remaining taxes in each fiscal year shall be paid into
  270  the State Treasury to the credit of the State Housing Trust
  271  Fund. Out Of such funds, beginning in the 2012-2013 fiscal year,
  272  the first $35 million shall be transferred annually, subject to
  273  any distribution required pursuant to under subsection (5) (15),
  274  to the State Economic Enhancement and Development Trust Fund
  275  within the Department of Economic Opportunity. The remainder
  276  shall be used as follows:
  277         1.(a) Half of that amount shall be used for the purposes
  278  for which the State Housing Trust Fund was created and exists by
  279  law.
  280         2.(b) Half of that amount shall be paid into the State
  281  Treasury to the credit of the Local Government Housing Trust
  282  Fund and used for the purposes for which the Local Government
  283  Housing Trust Fund was created and exists by law.
  284         (d)(10) Eight and sixty-six hundredths percent of the
  285  remainder remaining taxes in each fiscal year shall be paid into
  286  the State Treasury to the credit of the State Housing Trust
  287  Fund. Out Of such funds, beginning in the 2012-2013 fiscal year,
  288  the first $40 million shall be transferred annually, subject to
  289  any distribution required pursuant to under subsection (5) (15),
  290  to the State Economic Enhancement and Development Trust Fund
  291  within the Department of Economic Opportunity. The remainder
  292  shall be used as follows:
  293         1.(a) Twelve and one-half percent of that amount shall be
  294  deposited into the State Housing Trust Fund and be expended by
  295  the Department of Economic Opportunity and by the Florida
  296  Housing Finance Corporation for the purposes for which the State
  297  Housing Trust Fund was created and exists by law.
  298         2.(b) Eighty-seven and one-half percent of that amount
  299  shall be distributed to the Local Government Housing Trust Fund
  300  and used for the purposes for which the Local Government Housing
  301  Trust Fund was created and exists by law. Funds from this
  302  category may also be used to provide for state and local
  303  services to assist the homeless.
  304         (e)The sum of $1.16 million in each fiscal year shall be
  305  paid into the State Treasury to the credit of the Internal
  306  Improvement Trust Fund for the purpose of making payment in lieu
  307  of taxes under s. 259.032(12)(b).
  308         (11) The distribution of proceeds deposited into the Water
  309  Management Lands Trust Fund and the Conservation and Recreation
  310  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  311  be used for land acquisition but may be used for preacquisition
  312  costs associated with land purchases. The Legislature intends
  313  that the Florida Forever program supplant the acquisition
  314  programs formerly authorized under ss. 259.032 and 373.59.
  315         (12) Amounts distributed pursuant to subsections (5), (6),
  316  (7), and (8) are subject to the payment of debt service on
  317  outstanding Conservation and Recreation Lands revenue bonds.
  318         (13) In each fiscal year that the remaining taxes exceed
  319  collections in the prior fiscal year, the stated maximum dollar
  320  amounts provided in subsections (2), (4), (6), and (7) shall
  321  each be increased by an amount equal to 10 percent of the
  322  increase in the remaining taxes collected under this chapter
  323  multiplied by the applicable percentage provided in those
  324  subsections.
  325         (14) If the payment requirements in any year for bonds
  326  outstanding on July 1, 2007, or bonds issued to refund such
  327  bonds, exceed the limitations of this section, distributions to
  328  the trust fund from which the bond payments are made must be
  329  increased to the lesser of the amount needed to pay bond
  330  obligations or the limit of the applicable percentage
  331  distribution provided in subsections (1)-(10).
  332         (5)(15) Distributions to the State Housing Trust Fund
  333  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  334  must be sufficient to cover amounts required to be transferred
  335  to the Florida Affordable Housing Guarantee Program’s annual
  336  debt service reserve and guarantee fund pursuant to s.
  337  420.5092(6)(a) and (b) up to the amount required to be
  338  transferred to such reserve and fund based on the percentage
  339  distribution of documentary stamp tax revenues to the State
  340  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  341  year.
  342         (16) If amounts necessary to pay debt service or any other
  343  amounts payable with respect to Preservation 2000 bonds, Florida
  344  Forever bonds, or Everglades Restoration bonds authorized before
  345  January 1, 2015, exceed the amounts distributable pursuant to
  346  subsection (1), all moneys distributable pursuant to this
  347  section are available for such obligations and transferred in
  348  the amounts necessary to pay such obligations when due. However,
  349  amounts distributable pursuant to subsection (2), subsection
  350  (3), subsection (4), subsection (5), paragraph (9)(a), or
  351  paragraph (10)(a) are not available to pay such obligations to
  352  the extent that such moneys are necessary to pay debt service on
  353  bonds secured by revenues pursuant to those provisions.
  354         (6)(17) After the distributions provided in the preceding
  355  subsections, any remaining taxes shall be paid into the State
  356  Treasury to the credit of the General Revenue Fund.
  357         Section 2. Section 161.05301, Florida Statutes, is
  358  repealed.
  359         Section 3. Subsection (3) of section 161.091, Florida
  360  Statutes, is repealed.
  361         Section 4. Section 375.045, Florida Statutes, is repealed.
  362         Section 5. Subsection (1) and paragraph (c) of subsection
  363  (2) of section 375.075, Florida Statutes, are amended to read:
  364         375.075 Outdoor recreation; financial assistance to local
  365  governments.—
  366         (1) The Department of Environmental Protection may is
  367  authorized to establish the Florida Recreation Development
  368  Assistance Program to provide grants to qualified local
  369  governmental entities to acquire or develop land for public
  370  outdoor recreation purposes. To the extent not needed for debt
  371  service on bonds issued pursuant to s. 375.051, each year The
  372  department shall annually develop and plan a program which shall
  373  be based upon funding of not less than 5 percent of the money
  374  credited to the Land Acquisition Trust Fund pursuant to s.
  375  201.15(2) and (3) in that year. The department shall develop and
  376  plan a program which shall be based upon the cumulative total
  377  funding provided from this section and from the Florida Forever
  378  Trust Fund pursuant to s. 259.105(3)(d).
  379         (2)
  380         (c) Funds may not be released under No release of funds
  381  from the Land Acquisition Trust Fund, or from the Florida
  382  Forever Trust Fund beginning in fiscal year 2001-2002, for this
  383  program may be made for these public recreation projects until
  384  the projects have been selected through the competitive
  385  selection process provided for in this section.
  386         Section 6. Section 201.0205, Florida Statutes, is amended
  387  to read:
  388         201.0205 Counties that have implemented ch. 83-220;
  389  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  390  Laws of Florida.—The 10-cent tax increase in the documentary
  391  stamp tax levied by s. 2, chapter 92-317, does not apply to
  392  deeds and other taxable instruments relating to real property
  393  located in any county that has implemented the provisions of
  394  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  395  86-152, and 89-252, Laws of Florida. Each such county and each
  396  eligible jurisdiction within such county may shall not be
  397  eligible to participate in programs funded pursuant to s.
  398  201.15(4)(c) s. 201.15(9). However, each such county and each
  399  eligible jurisdiction within such county may shall be eligible
  400  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  401  201.15(10).
  402         Section 7. Paragraph (a) of subsection (1) and subsection
  403  (3) of section 215.618, Florida Statutes, are amended to read:
  404         215.618 Bonds for acquisition and improvement of land,
  405  water areas, and related property interests and resources.—
  406         (1)(a) The issuance of Florida Forever bonds, not to exceed
  407  $5.3 billion, to finance or refinance the cost of acquisition
  408  and improvement of land, water areas, and related property
  409  interests and resources, in urban and rural settings, for the
  410  purposes of restoration, conservation, recreation, water
  411  resource development, or historical preservation, and for
  412  capital improvements to lands and water areas that accomplish
  413  environmental restoration, enhance public access and
  414  recreational enjoyment, promote long-term management goals, and
  415  facilitate water resource development is hereby authorized,
  416  subject to the provisions of s. 259.105 and pursuant to s.
  417  11(e), Art. VII of the State Constitution. Florida Forever bonds
  418  may also be issued to refund Preservation 2000 bonds issued
  419  pursuant to s. 375.051. The $5.3 billion limitation on the
  420  issuance of Florida Forever bonds does not apply to refunding
  421  bonds. The duration of each series of Florida Forever bonds
  422  issued may not exceed 20 annual maturities. Preservation 2000
  423  bonds and Florida Forever bonds shall be equally and ratably
  424  secured by moneys distributable to the Land Acquisition Trust
  425  Fund pursuant to s. 201.15(1)(a), except to the extent
  426  specifically provided otherwise by the documents authorizing the
  427  issuance of the bonds.
  428         (3) Bonds issued pursuant to this section are shall be
  429  payable from taxes distributable to the Land Acquisition Trust
  430  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
  431  section do shall not constitute a general obligation of, or a
  432  pledge of the full faith and credit of, the state.
  433         Section 8. Subsections (2) and (3) of section 215.619,
  434  Florida Statutes, are amended to read:
  435         215.619 Bonds for Everglades restoration.—
  436         (2) The state covenants with the holders of Everglades
  437  restoration bonds that it will not take any action that will
  438  materially and adversely affect the rights of the holders so
  439  long as the bonds are outstanding, including, but not limited
  440  to, a reduction in the portion of documentary stamp taxes
  441  distributable pursuant to under s. 201.15(1) for payment of debt
  442  service on Preservation 2000 bonds, Florida Forever bonds, or
  443  Everglades restoration bonds.
  444         (3) Everglades restoration bonds are payable from, and
  445  secured by a first lien on, taxes distributable pursuant to
  446  under s. 201.15(1)(b) and do not constitute a general obligation
  447  of, or a pledge of the full faith and credit of, the state.
  448  Everglades restoration bonds shall be secured on a parity basis
  449  with bonds secured by moneys distributable pursuant to under s.
  450  201.15(1)(a).
  451         Section 9. Paragraph (a) of subsection (2) of section
  452  259.032, Florida Statutes, is amended to read:
  453         259.032 Conservation and Recreation Lands Trust Fund;
  454  purpose.—
  455         (2)(a) The Conservation and Recreation Lands Trust Fund is
  456  established within the Department of Environmental Protection.
  457  The fund shall be used as a nonlapsing, revolving fund
  458  exclusively for the purposes of this section. The Department of
  459  Revenue fund shall credit the fund each month be credited with
  460  the proceeds from the following excise taxes:
  461         1. The excise taxes on documents as provided in s. 201.15;
  462  and
  463         2. The excise tax on the severance of phosphate rock as
  464  provided in s. 211.3103.
  465  
  466  The Department of Revenue shall credit to the fund each month
  467  the proceeds from such taxes as provided in this paragraph.
  468         Section 10. Subsections (1) and (3) of section 259.1051,
  469  Florida Statutes, are amended to read:
  470         259.1051 Florida Forever Trust Fund.—
  471         (1) There is created The Florida Forever Trust Fund is
  472  created to carry out the purposes of ss. 259.032, 259.105,
  473  259.1052, and 375.031. The Florida Forever Trust Fund shall be
  474  held and administered by the department of Environmental
  475  Protection. Proceeds from the sale of bonds, except proceeds of
  476  refunding bonds, issued pursuant to under s. 215.618 and payable
  477  from moneys transferred to the Land Acquisition Trust Fund
  478  pursuant to under s. 201.15(1)(a), not to exceed $5.3 billion,
  479  shall must be deposited into this trust fund to be distributed
  480  and used as provided in s. 259.105(3). The bond resolution
  481  adopted by the governing board of the division of Bond Finance
  482  of the State Board of Administration may provide for additional
  483  provisions that govern the disbursement of the bond proceeds.
  484         (3) The department of Environmental Protection shall ensure
  485  that the proceeds from the sale of bonds issued pursuant to
  486  under s. 215.618 and payable from moneys transferred to the Land
  487  Acquisition Trust Fund pursuant to under s. 201.15(1)(a) are
  488  shall be administered and expended in a manner that ensures
  489  compliance of each issue of bonds that are issued on the basis
  490  that interest thereon will be excluded from gross income for
  491  federal income tax purposes, with the applicable provisions of
  492  the United States Internal Revenue Code and the regulations
  493  adopted promulgated thereunder, to the extent necessary to
  494  preserve the exclusion of interest on the bonds from gross
  495  income for federal income tax purposes. The department of
  496  Environmental Protection shall administer the use and
  497  disbursement of the proceeds of such bonds or require that such
  498  the use and disbursement thereof be administered in a manner to
  499  implement strategies to maximize any available benefits under
  500  the applicable provisions of the United States Internal Revenue
  501  Code or regulations adopted promulgated thereunder, if
  502  consistent to the extent not inconsistent with the purposes
  503  identified in s. 259.105(3).
  504         Section 11. Subsection (4) of section 339.0801, Florida
  505  Statutes, is amended to read:
  506         339.0801 Allocation of increased revenues derived from
  507  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  508  from increased revenues to the State Transportation Trust Fund
  509  derived from the amendments to s. 319.32(5)(a) made by this act
  510  must be used annually, first as set forth in subsection (1) and
  511  then as set forth in subsections (2)-(5), notwithstanding any
  512  other provision of law:
  513         (4) Beginning in the 2013-2014 fiscal year and annually
  514  thereafter, $10 million shall be allocated to the Small County
  515  Outreach Program, to be used as specified in s. 339.2818. These
  516  funds are in addition to the funds provided for the program
  517  pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
  518         Section 12. Subsection (9) of section 339.55, Florida
  519  Statutes, is amended to read:
  520         339.55 State-funded infrastructure bank.—
  521         (9) Funds paid into the State Transportation Trust Fund
  522  pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
  523  State Infrastructure Bank are hereby annually appropriated for
  524  expenditure to support that program.
  525         Section 13. Subsection (5) of section 341.303, Florida
  526  Statutes, is amended to read:
  527         341.303 Funding authorization and appropriations;
  528  eligibility and participation.—
  529         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
  530         (a) The department, through the Florida Rail Enterprise, is
  531  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
  532  under s. 201.15(1)(c)1.d. to fund:
  533         (a) Up to 50 percent of the nonfederal share of the costs
  534  of any eligible passenger rail capital improvement project.
  535         (b) The department, through the Florida Rail Enterprise, is
  536  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  537  fund Up to 100 percent of planning and development costs related
  538  to the provision of a passenger rail system, including, but not
  539  limited to, preliminary engineering, revenue studies,
  540  environmental impact studies, financial advisory services,
  541  engineering design, and other appropriate professional services.
  542         (c) The department, through the Florida Rail Enterprise, is
  543  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  544  fund The high-speed rail system.
  545         (d) The department, through the Florida Rail Enterprise, is
  546  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  547  fund Projects necessary to identify or address anticipated
  548  impacts of increased freight rail traffic resulting from the
  549  implementation of passenger rail systems as provided in s.
  550  341.302(3)(b).
  551         Section 14. Paragraph (b) of subsection (4) of section
  552  343.58, Florida Statutes, is amended to read:
  553         343.58 County funding for the South Florida Regional
  554  Transportation Authority.—
  555         (4) Notwithstanding any other provision of law to the
  556  contrary and effective July 1, 2010, until as provided in
  557  paragraph (d), the department shall transfer annually from the
  558  State Transportation Trust Fund to the South Florida Regional
  559  Transportation Authority the amounts specified in subparagraph
  560  (a)1. or subparagraph (a)2.
  561         (b) Funding required by this subsection may not be provided
  562  from the funds dedicated to the Florida Rail Enterprise pursuant
  563  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
  564         Section 15. Section 369.252, Florida Statutes, is amended
  565  to read:
  566         369.252 Invasive plant control on public lands.—The Fish
  567  and Wildlife Conservation Commission shall establish a program
  568  that will accomplish all of the following to:
  569         (1) Achieve eradication or maintenance control of invasive
  570  exotic plants on public lands when the scientific data indicate
  571  that they are detrimental to the state’s natural environment or
  572  when the Commissioner of Agriculture finds that such plants or
  573  specific populations thereof are a threat to the agricultural
  574  productivity of the state.;
  575         (2) Assist state and local government agencies in the
  576  development and implementation of coordinated management plans
  577  for the eradication or maintenance control of invasive exotic
  578  plant species on public lands.;
  579         (3) Contract, or enter into agreements, with entities in
  580  the State University System or other governmental or private
  581  sector entities for research concerning control agents;
  582  production and growth of biological control agents; and
  583  development of workable methods for the eradication or
  584  maintenance control of invasive exotic plants on public lands.;
  585  and
  586         (4) Use funds in the Invasive Plant Control Trust Fund as
  587  authorized by the Legislature for carrying out activities under
  588  this section on public lands. A minimum of 20 percent of the
  589  amount credited to the Invasive Plant Control Trust Fund
  590  pursuant to s. 201.15(6) shall be used for the purpose of
  591  controlling nonnative, upland, invasive plant species on public
  592  lands.
  593         Section 16. Subsection (2) of section 379.214, Florida
  594  Statutes, is amended to read:
  595         379.214 Invasive Plant Control Trust Fund.—
  596         (2) Funds to be credited to and uses of the trust fund
  597  shall be administered in accordance with the provisions of ss.
  598  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
  599         Section 17. Subsection (3) of section 379.362, Florida
  600  Statutes, is amended to read:
  601         379.362 Wholesale and retail saltwater products dealers;
  602  regulation.—
  603         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
  604  Department of Agriculture and Consumer Services shall use or
  605  distribute funds paid into the State Treasury to the credit of
  606  the General Inspection Trust Fund pursuant to s. 201.15, less
  607  reasonable costs of administration, to fund the following oyster
  608  management and restoration programs in Apalachicola Bay and
  609  other oyster harvest areas in the state:
  610         (a) The relaying and transplanting of live oysters.
  611         (b) Shell planting to construct or rehabilitate oyster
  612  bars.
  613         (c) Education programs for licensed oyster harvesters on
  614  oyster biology, aquaculture, boating and water safety,
  615  sanitation, resource conservation, small business management,
  616  and other relevant subjects.
  617         (d) Research directed toward the enhancement of oyster
  618  production in the bay and the water management needs of the bay.
  619         Section 18. Section 403.8911, Florida Statutes, is amended
  620  to read:
  621         403.8911 Annual appropriation from the Water Protection and
  622  Sustainability Program Trust Fund.—
  623         (1) Funds paid into the Water Protection and Sustainability
  624  Program Trust Fund pursuant to s. 201.15 are hereby annually
  625  appropriated for expenditure for the purposes for which the
  626  Water Protection and Sustainability Program trust fund is
  627  established.
  628         (2) If the Water Protection and Sustainability Program
  629  trust fund is not created, such funds are hereby annually
  630  appropriated for expenditure from the Ecosystem Management and
  631  Restoration Trust Fund solely for the purposes established in s.
  632  403.890.
  633         Section 19. Subsections (5) and (6) of section 420.5092,
  634  Florida Statutes, are amended to read:
  635         420.5092 Florida Affordable Housing Guarantee Program.—
  636         (5) Pursuant to s. 16, Art. VII of the State Constitution,
  637  the corporation may issue, in accordance with s. 420.509,
  638  revenue bonds of the corporation to establish the guarantee
  639  fund. The Such revenue bonds are shall be primarily payable from
  640  and secured by annual debt service reserves, from interest
  641  earned on funds on deposit in the guarantee fund, from fees,
  642  charges, and reimbursements established by the corporation for
  643  the issuance of affordable housing guarantees, and from any
  644  other revenue sources received by the corporation and deposited
  645  by the corporation into the guarantee fund for the issuance of
  646  affordable housing guarantees. If To the extent such primary
  647  revenue sources are considered insufficient by the corporation,
  648  pursuant to the certification provided in subsection (6), to
  649  fully fund the annual debt service reserve, the certified
  650  deficiency in such reserve is also shall be additionally payable
  651  from the first proceeds of the documentary stamp tax moneys
  652  deposited into the State Housing Trust Fund pursuant to s.
  653  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
  654  ensuing state fiscal year.
  655         (6)(a) If the primary revenue sources to be used for
  656  repayment of revenue bonds used to establish the guarantee fund
  657  are insufficient for such repayment, the annual principal and
  658  interest due on each series of revenue bonds is shall be payable
  659  from funds in the annual debt service reserve. The corporation
  660  shall, before June 1 of each year, perform a financial audit to
  661  determine whether at the end of the state fiscal year there will
  662  be on deposit in the guarantee fund an annual debt service
  663  reserve from interest earned pursuant to the investment of the
  664  guarantee fund, fees, charges, and reimbursements received from
  665  issued affordable housing guarantees and other revenue sources
  666  available to the corporation. Based upon the findings in such
  667  guarantee fund financial audit, the corporation shall certify to
  668  the Chief Financial Officer the amount of any projected
  669  deficiency in the annual debt service reserve for any series of
  670  outstanding bonds as of the end of the state fiscal year and the
  671  amount necessary to maintain such annual debt service reserve.
  672  Upon receipt of such certification, the Chief Financial Officer
  673  shall transfer to the annual debt service reserve, from the
  674  first available taxes distributed to the State Housing Trust
  675  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  676  (10)(a) during the ensuing state fiscal year, the amount
  677  certified as necessary to maintain the annual debt service
  678  reserve.
  679         (b) If the claims payment obligations under affordable
  680  housing guarantees from amounts on deposit in the guarantee fund
  681  would cause the claims paying rating assigned to the guarantee
  682  fund to be less than the third-highest rating classification of
  683  any nationally recognized rating service, which classifications
  684  being consistent with s. 215.84(3) and rules adopted thereto by
  685  the State Board of Administration, the corporation shall certify
  686  to the Chief Financial Officer the amount of such claims payment
  687  obligations. Upon receipt of such certification, the Chief
  688  Financial Officer shall transfer to the guarantee fund, from the
  689  first available taxes distributed to the State Housing Trust
  690  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  691  (10)(a) during the ensuing state fiscal year, the amount
  692  certified as necessary to meet such obligations, such transfer
  693  to be subordinate to any transfer referenced in paragraph (a)
  694  and not to exceed 50 percent of the amounts distributed to the
  695  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
  696  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
  697         Section 20. Subsections (1), (2), and (3) of section
  698  420.9073, Florida Statutes, are amended to read:
  699         420.9073 Local housing distributions.—
  700         (1) Distributions calculated in this section shall be
  701  disbursed on a quarterly or more frequent basis by the
  702  corporation pursuant to s. 420.9072, subject to availability of
  703  funds. Each county’s share of the funds to be distributed from
  704  the portion of the funds in the Local Government Housing Trust
  705  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
  706  calculated by the corporation for each fiscal year as follows:
  707         (a) Each county other than a county that has implemented
  708  the provisions of chapter 83-220, Laws of Florida, as amended by
  709  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  710  receive the guaranteed amount for each fiscal year.
  711         (b) Each county other than a county that has implemented
  712  the provisions of chapter 83-220, Laws of Florida, as amended by
  713  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  714  receive an additional share calculated as follows:
  715         1. Multiply each county’s percentage of the total state
  716  population excluding the population of any county that has
  717  implemented the provisions of chapter 83-220, Laws of Florida,
  718  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  719  Florida, by the total funds to be distributed.
  720         2. If the result in subparagraph 1. is less than the
  721  guaranteed amount as determined in subsection (3), that county’s
  722  additional share shall be zero.
  723         3. For each county in which the result in subparagraph 1.
  724  is greater than the guaranteed amount as determined in
  725  subsection (3), the amount calculated in subparagraph 1. shall
  726  be reduced by the guaranteed amount. The result for each such
  727  county shall be expressed as a percentage of the amounts so
  728  determined for all counties. Each such county shall receive an
  729  additional share equal to such percentage multiplied by the
  730  total funds received by the Local Government Housing Trust Fund
  731  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
  732  guaranteed amount paid to all counties.
  733         (2) Distributions calculated in this section shall be
  734  disbursed on a quarterly or more frequent basis by the
  735  corporation pursuant to s. 420.9072, subject to availability of
  736  funds. Each county’s share of the funds to be distributed from
  737  the portion of the funds in the Local Government Housing Trust
  738  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
  739  calculated by the corporation for each fiscal year as follows:
  740         (a) Each county shall receive the guaranteed amount for
  741  each fiscal year.
  742         (b) Each county may receive an additional share calculated
  743  as follows:
  744         1. Multiply each county’s percentage of the total state
  745  population, by the total funds to be distributed.
  746         2. If the result in subparagraph 1. is less than the
  747  guaranteed amount as determined in subsection (3), that county’s
  748  additional share shall be zero.
  749         3. For each county in which the result in subparagraph 1.
  750  is greater than the guaranteed amount, the amount calculated in
  751  subparagraph 1. shall be reduced by the guaranteed amount. The
  752  result for each such county shall be expressed as a percentage
  753  of the amounts so determined for all counties. Each such county
  754  shall receive an additional share equal to this percentage
  755  multiplied by the total funds received by the Local Government
  756  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
  757  reduced by the guaranteed amount paid to all counties.
  758         (3) Calculation of guaranteed amounts:
  759         (a) The guaranteed amount under subsection (1) shall be
  760  calculated for each state fiscal year by multiplying $350,000 by
  761  a fraction, the numerator of which is the amount of funds
  762  distributed to the Local Government Housing Trust Fund pursuant
  763  to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
  764  the total amount of funds distributed to the Local Government
  765  Housing Trust Fund pursuant to s. 201.15.
  766         (b) The guaranteed amount under subsection (2) shall be
  767  calculated for each state fiscal year by multiplying $350,000 by
  768  a fraction, the numerator of which is the amount of funds
  769  distributed to the Local Government Housing Trust Fund pursuant
  770  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
  771  the total amount of funds distributed to the Local Government
  772  Housing Trust Fund pursuant to s. 201.15.
  773         Section 21. Subsection (2) of s. 201.031, subsection (6) of
  774  s. 339.2818, subsection (5) of s. 339.2819, subsection (3) of s.
  775  339.61, subsection (6) of s. 341.051, paragraph (e) of
  776  subsection (4) of s. 373.470, and subsection (1) of s. 420.9079,
  777  Florida Statutes, are reenacted for the purpose of incorporating
  778  the amendment made by this act to s. 201.15, Florida Statutes,
  779  in references thereto.
  780         Section 22. This act shall take effect July 1, 2015.