House Bill 2115

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    Florida House of Representatives - 1999                HB 2115

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to the Stewardship Florida

  3         Trust Fund; creating s. 259.1051 F.S.; creating

  4         the Stewardship Florida Trust Fund; providing

  5         sources of moneys; providing purposes and

  6         requirements; providing duties of the

  7         Department of Environmental Protection;

  8         providing a contingent effective date.

  9

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

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12         Section 1.  Section 259.1051, Florida Statutes, is

13  created to read:

14         259.1051  Stewardship Florida Trust Fund.--

15         (1)  There is created the Stewardship Florida Trust

16  Fund to carry out the purposes of ss. 259.032, 259.105, and

17  375.031. The Stewardship Florida Trust Fund shall be held and

18  administered by the Department of Environmental Protection.

19  Proceeds from the sale of revenue bonds issued under s.

20  375.051 and payable from moneys transferred to the Land

21  Acquisition Trust Fund under s. 201.15(1)(a), not to exceed $3

22  billion, must be deposited into this trust fund to be

23  distributed and used as provided in s. 259.105(3). The bond

24  resolution adopted by the governing board of the Division of

25  Bond Finance of the State Board of Administration may provide

26  for additional provisions that govern the disbursement of the

27  bond proceeds.

28         (2)  The Department of Environmental Protection shall

29  distribute revenues from the Stewardship Florida Trust Fund

30  only to programs of state agencies or local governments as set

31  out in s. 259.105(3). The distributions shall be spent by the

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    Florida House of Representatives - 1999                HB 2115

    578-124-99






  1  recipient within 90 days after the date on which the

  2  Department of Environmental Protection initiates the transfer.

  3         (3)  The Department of Environmental Protection shall

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

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

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

  7  administered and expended in a manner that ensures compliance

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

  9  that interest thereon will be excluded from gross income for

10  federal income tax purposes, with the applicable provisions of

11  the United States Internal Revenue Code and the regulations

12  promulgated thereunder, to the extent necessary to preserve

13  the exclusion of interest on the revenue bonds from gross

14  income for federal income tax purposes. The Department of

15  Environmental Protection shall administer the use and

16  disbursement of the proceeds of such revenue bonds or require

17  that the use and disbursement thereof be administered in a

18  manner to implement strategies to maximize any available

19  benefits under the applicable provisions of the United States

20  Internal Revenue Code or regulations promulgated thereunder,

21  to the extent not inconsistent with the purposes identified in

22  s. 259.105(3).

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24  Upon a determination by the Department of Environmental

25  Protection that proceeds being held in the trust fund to

26  support distributions outside the Department of Environmental

27  Protection are not likely to be disbursed in accordance with

28  the foregoing considerations, the Department of Environmental

29  Protection shall petition the Governor and Cabinet to allow

30  for the immediate disbursement of such funds for the

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    Florida House of Representatives - 1999                HB 2115

    578-124-99






  1  acquisition of projects approved for purchase under the

  2  provisions of chapter 259.

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

  4  date of House Bill 2021, but it shall not take effect unless

  5  it is enacted by a three-fifths vote of the membership of each

  6  house of the Legislature and unless HB 2021, 1999 Regular

  7  Session, becomes a law.

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10                          HOUSE SUMMARY

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      Creates the Stewardship Florida Trust Fund, to be
12    administered by the Department of Environmental
      Protection. Provides for sources of moneys, purposes, and
13    requirements relating to use and disbursement of funds.

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