Senate Bill 2646

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 2646

    By Senator Laurent





    17-1881A-98                                             See HB

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         259.1051, F.S.; creating the Florida 2020 Trust

  4         Fund; specifying purposes of the trust fund;

  5         specifying application of moneys in the trust

  6         fund; specifying sources of funds for the trust

  7         fund; requiring the Department of Environmental

  8         Protection to distribute moneys in the fund for

  9         certain purposes; requiring the department to

10         administer the trust fund; providing for

11         alternative use of moneys in the fund under

12         certain circumstances; providing a contingent

13         effective date.

14

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

16

17         Section 1.  Section 259.1051, Florida Statutes, is

18  created to read:

19         259.1051  Florida 2020 Trust Fund.--

20         (1)  The Florida 2020 Trust Fund is hereby created, to

21  be held and administered by the Department of Environmental

22  Protection to carry out the purposes of ss. 259.032, 259.105,

23  373.453, and 373.59 and part III of chapter 380. Funds shall

24  be credited to the trust fund as provided in this section to

25  be used for the purposes set forth herein. This trust fund is

26  a trust fund as provided by s. 19(f)(3), Art. II of the State

27  Constitution and is not subject to termination as required

28  under s. 19(f)(2), Art. II of the State Constitution.  All

29  moneys deposited into the trust fund shall be held in trust

30  for the uses and purposes set forth in this section, within

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2646
    17-1881A-98                                             See HB




  1  the meaning of s. 215.32(1)(b), and such moneys shall not

  2  become or be commingled with the General Revenue Fund.

  3         (2)  Documentary stamp tax revenues on deposit in the

  4  trust fund shall be first applied to meet debt service

  5  requirements of revenue bonds issued pursuant to s. 259.105,

  6  and such funds shall be accounted for separately from those

  7  appropriated for other purposes.

  8         (3)  Proceeds from the sale of revenue bonds issued

  9  pursuant to s. 19, Art. VII of the State Constitution and s.

10  259.02, not to exceed $6 billion, also shall be deposited into

11  the trust fund, to be expended as provided in s. 259.02.  The

12  bond resolution adopted by the governing board of the Division

13  of Bond Finance and approved by the Legislature may provide

14  for additional provisions that govern the disbursement of the

15  bond proceeds.

16         (4)  The Department of Environmental Protection shall

17  distribute revenues from the Florida 2020 Trust Fund to state

18  agencies, local governments, nonprofit or for-profit

19  organizations, or individuals for the purposes of carrying out

20  the provisions of s. 259.105.  Such distributions shall be

21  committed to the uses specified by s. 259.105 by the recipient

22  within 90 days after the date on which the Department of

23  Environmental Protection initiates the transfer.

24         (5)  The Department of Environmental Protection shall

25  ensure that the proceeds from the sale of revenue bonds issued

26  pursuant to s. 259.02 and payable from moneys transferred to

27  the trust fund pursuant to s. 201.15(1)(a) and s. 201.155

28  shall be administered and expended in a manner that ensures

29  that interest thereon will be excluded from gross income for

30  federal income tax purposes, with the applicable provisions of

31  the United States Internal Revenue Code and the regulations

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2646
    17-1881A-98                                             See HB




  1  adopted thereunder, to the extent necessary to preserve the

  2  exclusion of interest on such revenue bonds from gross income

  3  for federal income tax purposes.  The Department of

  4  Environmental Protection shall have the authority to

  5  administer the use and disbursement of the proceeds of such

  6  revenue bonds or to require that the use and disbursement of

  7  such proceeds be administered in such a manner as shall be

  8  necessary to implement strategies to maximize any available

  9  benefits under the applicable provisions of the United States

10  Internal Revenue Code or regulations promulgated thereunder,

11  to the extent not inconsistent with the purposes identified in

12  s. 259.105.

13         (6)  Upon a determination by the Department of

14  Environmental Protection that proceeds being held in the trust

15  fund to support distributions outside the department are not

16  likely to be disbursed and used in accordance with the

17  provisions of this section and s. 259.105, the department

18  shall petition the Board of Trustees of the Internal

19  Improvement Trust Fund to allow for the immediate disbursement

20  of such funds for the acquisition of projects approved for

21  purchase pursuant to the provisions of s. 259.105.

22         Section 2.  This act shall take effect on the effective

23  date of a constitutional amendment creating bonding authority

24  for the Florida 2020 program.

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26            *****************************************

27                       LEGISLATIVE SUMMARY

28
      Creates the Florida 2020 Trust Fund to receive Florida
29    2020 Program revenue bond proceeds to be used for Florida
      2020 Program purposes. Provides for administration of the
30    fund by the Department of Environmental Protection.

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