House Bill 1827

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







    Florida House of Representatives - 1999                HB 1827

        By Representative Edwards






  1                      A bill to be entitled

  2         An act relating to the Florida Forever Trust

  3         Fund; creating s. 375.046, F.S.; creating the

  4         Florida Forever Trust Fund; providing its

  5         purposes; providing a contingent effective

  6         date.

  7

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

  9

10         Section 1.  Section 375.046, Florida Statutes, is

11  created to read:

12         375.046  Florida Forever Trust Fund.--

13         (1)  There is created the Florida Forever Trust Fund to

14  carry out the purposes of ss. 259.032, 259.202, and 375.031.

15  The Florida Forever Trust Fund shall be held and administered

16  by the Department of Environmental Protection. Proceeds from

17  the sale of revenue bonds issued under s. 375.051 and payable

18  from moneys transferred to the Land Acquisition Trust Fund

19  under s. 201.15(1)(a), not to exceed $4 billion, must be

20  deposited into this trust fund to be distributed and used as

21  provided in s. 259.202(3). The bond resolution adopted by the

22  governing board of the Division of Bond Finance of the State

23  Board of Administration may provide for additional provisions

24  that govern the disbursement of the bond proceeds.

25         (2)  The Department of Environmental Protection shall

26  distribute revenues from the Florida Forever Trust Fund only

27  to programs of state agencies or local governments as set out

28  in s. 259.202(3). The distributions shall be spent by the

29  recipient within 90 days after the date on which the

30  Department of Environmental Protection initiates the transfer.

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    Florida House of Representatives - 1999                HB 1827

    519-163-99






  1         (3)  The Department of Environmental Protection shall

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

  3  under s. 375.051 and payable from moneys transferred to the

  4  Land Acquisition Trust Fund under s. 201.15(1)(a) shall be

  5  administered and expended in a manner that ensures compliance

  6  of each issue of revenue bonds that are issued on the basis

  7  that interest thereon will be excluded from gross income for

  8  federal income tax purposes, with the applicable provisions of

  9  the United States Internal Revenue Code and the regulations

10  promulgated thereunder, to the extent necessary to preserve

11  the exclusion of interest on the revenue bonds from gross

12  income for federal income tax purposes. The Department of

13  Environmental Protection shall administer the use and

14  disbursement of the proceeds of such revenue bonds or require

15  that the use and disbursement thereof be administered in a

16  manner to implement strategies to maximize any available

17  benefits under the applicable provisions of the United States

18  Internal Revenue Code or regulations promulgated thereunder,

19  to the extent not inconsistent with the purposes identified in

20  s. 259.202(3).

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22  Upon a determination by the Department of Environmental

23  Protection that proceeds being held in the trust fund to

24  support distributions outside the Department of Environmental

25  Protection are not likely to be disbursed in accordance with

26  the foregoing considerations, the Department of Environmental

27  Protection shall petition the Governor and Cabinet to allow

28  for the immediate disbursement of such funds for the

29  acquisition of projects approved for purchase under the

30  provisions of chapter 259.

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    Florida House of Representatives - 1999                HB 1827

    519-163-99






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

  2  date of House Bill 641 or similar legislation adopted in the

  3  same legislative session or an extension thereof.

  4

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  6                          HOUSE SUMMARY

  7
      Creates the Florida Forever Trust Fund to be administered
  8    by the Department of Environmental Protection for
      distributing bond proceeds for conservation and
  9    recreation purposes.

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