| HOUSE AMENDMENT |
| Bill No. CS/SB 388 |
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CHAMBER ACTION |
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Representative Kyle offered the following: |
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Amendment (with title amendment) |
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Remove everything after the enacting clause, and insert: |
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Section 1. Section 201.15, Florida Statutes, is amended to |
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read: |
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201.15 Distribution of taxes collected.--All taxes |
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collected under this chapter shall be distributed as follows and |
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shall be subject to the service charge imposed in s. 215.20(1), |
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except that such service charge shall not be levied against any |
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portion of taxes pledged to debt service on bonds to the extent |
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that the amount of the service charge is required to pay any |
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amounts relating to the bonds: |
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(1) Seventy-eight and nine hundred forty-six thousandths |
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Sixty-two and sixty-three hundredths percent of the remaining |
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taxes collected under this chapter shall be used for the |
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following purposes: |
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(a) Amounts as shall be necessary to pay the debt service |
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on, or fund debt service reserve funds, rebate obligations, or |
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other amounts payable with respect to Preservation 2000 bonds |
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issued pursuant to s. 375.051 and Florida Forever bonds issued |
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pursuant to s. 215.618, shall be paid into the State Treasury to |
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the credit of the Land Acquisition Trust Fund to be used for |
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such purposes. The amount transferred to the Land Acquisition |
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Trust Fund for such purposes shall not exceed $300 million in |
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fiscal year 1999-2000 and thereafter for Preservation 2000 bonds |
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and bonds issued to refund Preservation 2000 bonds, and $300 |
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million in fiscal year 2000-2001 and thereafter for Florida |
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Forever bonds. The annual amount transferred to the Land |
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Acquisition Trust Fund for Florida Forever bonds shall not |
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exceed $30 million in the first fiscal year in which bonds are |
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issued. The limitation on the amount transferred shall be |
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increased by an additional $30 million in each subsequent fiscal |
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year, but shall not exceed a total of $300 million in any fiscal |
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year for all bonds issued. It is the intent of the Legislature |
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that all bonds issued to fund the Florida Forever Act be retired |
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by December 31, 2030. Except for bonds issued to refund |
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previously issued bonds, no series of bonds may be issued |
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pursuant to this paragraph unless such bonds are approved and |
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the debt service for the remainder of the fiscal year in which |
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the bonds are issued is specifically appropriated in the General |
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Appropriations Act. For purposes of refunding Preservation 2000 |
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bonds, amounts designated within this section for Preservation |
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2000 and Florida Forever bonds may be transferred between the |
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two programs to the extent provided for in the documents |
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authorizing the issuance of the bonds. The Preservation 2000 |
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bonds and Florida Forever bonds shall be equally and ratably |
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secured by moneys distributable to the Land Acquisition Trust |
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Fund pursuant to this section, except to the extent specifically |
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provided otherwise by the documents authorizing the issuance of |
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the bonds. No moneys transferred to the Land Acquisition Trust |
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Fund pursuant to this paragraph, or earnings thereon, shall be |
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used or made available to pay debt service on the Save Our Coast |
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revenue bonds. |
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(b) The remainder of the moneys distributed under this |
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subsection, after the required payment under paragraph (a), |
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shall be paid into the State Treasury to the credit of the Save |
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Our Everglades Trust Fund in amounts necessary to pay debt |
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service, provide reserves, and pay rebate obligations and other |
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amounts due with respect to bonds issued under s. 215.619. |
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(c) The remainder of the moneys distributed under this |
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subsection, after the required payments under paragraphs (a) and |
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(b), shall be paid into the State Treasury to the credit of the |
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Land Acquisition Trust Fund and may be used for any purpose for |
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which funds deposited in the Land Acquisition Trust Fund may |
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lawfully be used. Payments made under this paragraph shall |
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continue until the cumulative amount credited to the Land |
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Acquisition Trust Fund for the fiscal year under this paragraph |
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and paragraph (2)(b) equals 70 percent of the current official |
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forecast for distributions of taxes collected under this chapter |
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pursuant to subsection (2). As used in this paragraph, the term |
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"current official forecast" means the most recent forecast as |
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determined by the Revenue Estimating Conference. If the current |
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official forecast for a fiscal year changes after payments under |
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this paragraph have ended during that fiscal year, no further |
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payments are required under this paragraph during the fiscal |
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year.
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(c)(d)The remainder of the moneys distributed under this |
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subsection, after the required payments under paragraphs (a) |
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and, (b), and (c),shall be paid into the State Treasury to the |
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credit of the General Revenue Fund of the state to be used and |
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expended for the purposes for which the General Revenue Fund was |
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created and exists by law or to the Ecosystem Management and |
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Restoration Trust Fund or to the Marine Resources Conservation |
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Trust Fund as provided in subsection (11). |
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(2) Eight and seven hundred twenty-four thousandthsSeven |
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and fifty-six hundredths percent of the remainingtaxes |
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collected under this chapter shall be paid into the State |
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Treasury to the credit of the General Revenue Fund. Amounts |
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distributed under this subsection are subject to payment of debt |
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service on bonds issued to acquire coastal lands through deposit |
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into the Land Acquisition Trust Fund. Any moneys remaining after |
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payment of such debt service shall be available for any purpose |
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for which funds in the General Revenue Fund may be lawfully |
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used.
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(3) Four and eighty-five hundredths percent of the taxes |
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collected under this chapter shall beused for the following |
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purposes: |
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(a) Amounts as shall be necessary to fully fund the annual |
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debt service reserve in the Affordable Housing Guarantee Fund |
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pursuant to s. 420.5092(6)(a) shall be paid into the State |
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Treasury to the credit of the Affordable Housing Guarantee Fund |
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to be used for the purposes described in that paragraph.
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(b) Amounts as shall be necessary to maintain or restore |
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the claims paying rating assigned to the Affordable Housing |
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Guarantee Fund such that the rating is not less than the third- |
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highest rating classification of any nationally recognized |
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rating service rating the fund shall, pursuant to s. |
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420.5092(6)(b), be paid into the State Treasury to the credit of |
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the Affordable Housing Guarantee Fund to be used for the |
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purposes described in that paragraph.
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(a) Beginning in the month following the final payment for |
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a fiscal year under paragraph (1)(c), available moneys shall be |
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paid into the State Treasury to the credit of the General |
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Revenue Fund of the state to be used and expended for the |
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purposes for which the General Revenue Fund was created and |
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exists by law or to the Ecosystem Management and Restoration |
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Trust Fund or to the Marine Resources Conservation Trust Fund as |
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provided in subsection (11). Payments made under this paragraph |
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shall continue until the cumulative amount credited to the |
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General Revenue Fund for the fiscal year under this paragraph |
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equals the cumulative payments made under paragraph (1)(c) for |
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the same fiscal year.
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(c)(b)The remainder of the moneys distributed under this |
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subsection, after the required payments under paragraphs (a) and |
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(b), shall be paid into the State Treasury to the credit of the |
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General Revenue FundLand Acquisition Trust Fund. Sums deposited |
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in the fund pursuant to this subsection may be used for any |
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purpose for which funds deposited in the Land Acquisition Trust |
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Fund may lawfully be used. |
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(4)(3)Seven and forty-eightOne and ninety-four |
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hundredths percent of the remainingtaxes collected under this |
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chapter shall be paid into the State Treasury to the credit of |
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the General Revenue Fund. Amounts distributed pursuant to this |
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subsection are subject to payment of debt service on outstanding |
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Conservation and Recreation Lands revenue bonds through deposit |
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into the Land Acquisition Trust Fund. Moneys deposited in the |
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trust fund pursuant to this section shall be used for the |
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following purposes:
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(a) Sixty percent of the moneys shall be used to acquire |
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coastal lands or to pay debt service on bonds issued to acquire |
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coastal lands; and
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(b) Forty percent of the moneys shall be used to develop |
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and manage lands acquired with moneys from the Land Acquisition |
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Trust Fund.
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(4) Four and two-tenths percent of the remaining taxes |
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collected under this chapter shall be paid into the State |
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Treasury to the credit of the Water Management Lands Trust Fund. |
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Sums deposited in that fund may be used for any purpose |
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authorized in s. 373.59.
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(5) Four and two-tenths percent of the remaining taxes |
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collected under this chapter shall be paid into the State |
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Treasury to the credit of the Conservation and Recreation Lands |
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Trust Fund to carry out the purposes set forth in s. 259.032. |
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Nine and one-half percent of the amount credited to the |
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Conservation and Recreation Lands Trust Fund pursuant to this |
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subsection shall be transferred to the State Game Trust Fund and |
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used for land management activities.
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(6) Two and twenty-eight hundredths percent of the |
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remaining taxes collected under this chapter shall be paid into |
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the State Treasury to the credit of the Invasive Plant Control |
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Trust Fund to carry out the purposes set forth in ss. 369.22 and |
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369.252.
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(7) One-half of one percent of the remaining taxes |
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collected under this chapter shall be paid into the State |
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Treasury to the credit of the State Game Trust Fund to be used |
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exclusively for the purpose of implementing the Lake Restoration |
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2020 Program.
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(8) One-half of one percent of the remaining taxes |
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collected under this chapter shall be paid into the State |
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Treasury and divided equally to the credit of the Department of |
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Environmental Protection Water Quality Assurance Trust Fund to |
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address water quality impacts associated with nonagricultural |
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nonpoint sources and to the credit of the Department of |
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Agriculture and Consumer Services General Inspection Trust Fund |
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to address water quality impacts associated with agricultural |
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nonpoint sources, respectively. These funds shall be used for |
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research, development, demonstration, and implementation of |
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suitable best management practices or other measures used to |
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achieve water quality standards in surface waters and water |
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segments identified pursuant to ss. 303(d) of the Clean Water |
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Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
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Implementation of best management practices and other measures |
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may include cost-share grants, technical assistance, |
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implementation tracking, and conservation leases or other |
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agreements for water quality improvement. The Department of |
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Environmental Protection and the Department of Agriculture and |
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Consumer Services may adopt rules governing the distribution of |
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funds for implementation of best management practices. The |
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unobligated balance of funds received from the distribution of |
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taxes collected under this chapter to address water quality |
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impacts associated with nonagricultural nonpoint sources will be |
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excluded when calculating the unobligated balance of the Water |
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Quality Assurance Trust Fund as it relates to the determination |
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of the applicable excise tax rate.
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(9) Seven and fifty-three hundredths percent of the |
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remaining taxes collected under this chapter shall be paid into |
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the State Treasury to the credit of the State Housing Trust Fund |
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and shall be used as follows:
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(a) Half of that amount shall be used for the purposes for |
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which the State Housing Trust Fund was created and exists by |
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law.
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(b) Half of that amount shall be paid into the State |
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Treasury to the credit of the Local Government Housing Trust |
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Fund and shall be used for the purposes for which the Local |
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Government Housing Trust Fund was created and exists by law.
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(10) Eight and sixty-six hundredths percent of the |
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remaining taxes collected under this chapter shall be paid into |
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the State Treasury to the credit of the State Housing Trust Fund |
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and shall be used as follows:
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(a) Twelve and one-half percent of that amount shall be |
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deposited into the State Housing Trust Fund and be expended by |
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the Department of Community Affairs and by the Florida Housing |
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Finance Corporation for the purposes for which the State Housing |
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Trust Fund was created and exists by law.
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(b) Eighty-seven and one-half percent of that amount shall |
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be distributed to the Local Government Housing Trust Fund and |
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shall be used for the purposes for which the Local Government |
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Housing Trust Fund was created and exists by law. Funds from |
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this category may also be used to provide for state and local |
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services to assist the homeless.
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(11) From the moneys specified in paragraphs (1)(d) and |
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(2)(a) and prior to deposit of any moneys into the General |
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Revenue Fund, $30 million shall be paid into the State Treasury |
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to the credit of the Ecosystem Management and Restoration Trust |
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Fund in fiscal year 2000-2001 and each fiscal year thereafter, |
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to be used for the preservation and repair of the state's |
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beaches as provided in ss. 161.091-161.212, and $2 million shall |
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be paid into the State Treasury to the credit of the Marine |
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Resources Conservation Trust Fund to be used for marine mammal |
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care as provided in s. 370.0603(3).
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(5)(12)The Department of Revenue may use the payments |
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credited to the General Revenue Fundtrust funds pursuant to |
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paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6), |
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(7), (8), (9), and (10)to pay the costs of the collection and |
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enforcement of the tax levied by this chapter. The percentage of |
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such costs which may be assessed against a trust fund is a |
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ratio, the numerator of which is payments credited to that trust |
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fund under this section and the denominator of which is the sum |
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of payments made under paragraphs (1)(c) and (2)(b) and |
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subsections (3), (4), (5), (6), (7), (8), (9), and (10). |
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(6)(13)Moneys appropriated toThe distribution of |
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proceeds deposited intothe Water Management Lands Trust Fund |
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and the Conservation and Recreation Lands Trust Fund, pursuant |
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to subsections (4) and (5),shall not be used for land |
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acquisition, but may be used for preacquisition costs associated |
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with land purchases. The Legislature intends that the Florida |
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Forever program supplant the acquisition programs formerly |
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authorized under ss. 259.032 and 373.59. Prior to the 2005 |
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Regular Session of the Legislature, the Acquisition and |
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Restoration Council shall review and make recommendations to the |
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Legislature concerning the need to repeal this provision. Based |
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on these recommendations, the Legislature shall review the need |
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to repeal this provision during the 2005 Regular Session. |
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(14) Amounts distributed pursuant to subsections (5), (6), |
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(7) and (8) are subject to the payment of debt service on |
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outstanding Conservation and Recreation Lands revenue bonds.
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Section 2. Section 161.091, Florida Statutes, is amended |
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to read: |
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161.091 Beach management; funding; repair and maintenance |
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strategy.-- |
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(1) Subject to such appropriations as the Legislature may |
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make therefor from time to time, disbursements from the |
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Ecosystem Management and Restoration Trust Fund may be made by |
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the department in order to carry out the proper state |
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responsibilities in a comprehensive, long-range, statewide beach |
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management plan for erosion control; beach preservation, |
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restoration, and nourishment; and storm and hurricane |
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protection. Legislative intent in appropriating such funds is |
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for the implementation of those projects that contribute most |
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significantly to addressing the state's beach erosion problems. |
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(2) The department shall develop a multiyear repair and |
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maintenance strategy that: |
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(a) Encourages regional approaches to ensure the |
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geographic coordination and sequencing of prioritized projects; |
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(b) Reduces equipment mobilization and demobilization |
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costs; |
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(c) Maximizes the infusion of beach-quality sand into the |
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system; |
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(d) Extends the life of beach nourishment projects and |
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reduces the frequency of nourishment; and |
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(e) Promotes inlet sand bypassing to replicate the natural |
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flow of sand interrupted by improved, modified, or altered |
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inlets and ports. |
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(3) In accordance with the intent expressed in s. 161.088 |
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and the legislative finding that erosion of the beaches of this |
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state is detrimental to tourism, the state's major industry, |
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further exposes the state's highly developed coastline to severe |
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storm damage, and threatens beach-related jobs, which, if not |
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stopped, could significantly reduce state sales tax revenues, |
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funds deposited into the State Treasury to the credit of the |
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Ecosystem Management and Restoration Trust Fund, in the annual |
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amounts provided in s. 201.15(11), shall be used, for a period |
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of not less than 15 years, to fund the development, |
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implementation, and administration of the state's beach |
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management plan, as provided in ss. 161.091-161.212, prior to |
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the use of such funds deposited pursuant to s. 201.15(11) in |
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that trust fund for any other purpose.
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Section 3. Section 161.05301, Florida Statutes, is |
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repealed. |
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Section 4. Section 201.0205, Florida Statutes, is amended |
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to read: |
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201.0205 Counties that have implemented ch. 83-220; |
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inapplicability of 10-cent tax increase by s. 2, ch. 92-317, |
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Laws of Florida.--The 10-cent tax increase in the documentary |
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stamp tax levied by s. 2, chapter 92-317, does not apply to |
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deeds and other taxable instruments relating to real property |
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located in any county that has implemented the provisions of |
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chapter 83-220, Laws of Florida, as amended by chapters 84-270, |
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86-152, and 89-252, Laws of Florida. Each such county and each |
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eligible jurisdiction within such county shall not be eligible |
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to participate in programs funded pursuant to s. 201.15(6). |
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However, each such county and each eligible jurisdiction within |
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such county shall be eligible to participate in programs funded |
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pursuant to s. 201.15(7). |
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Section 5. Paragraph (a) of subsection (2) of section |
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259.032, Florida Statutes, is amended to read: |
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259.032 Conservation and Recreation Lands Trust Fund; |
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purpose.-- |
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(2)(a) The Conservation and Recreation Lands Trust Fund is |
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established within the Department of Environmental Protection. |
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The fund shall be used as a nonlapsing, revolving fund |
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exclusively for the purposes of this section. The fund shall be |
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credited with proceeds from the following excise taxes: |
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1. The excise taxes on documents and other funds |
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distributed to the trust fund as provided in s. 201.15.; and |
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2. The excise tax on the severance of phosphate rock as |
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provided in s. 211.3103. |
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The Department of Revenue shall credit to the fund each month |
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the proceeds from such taxes as provided in this paragraph. |
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Section 6. Subsection (4) of section 369.252, Florida |
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Statutes, is amended to read: |
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369.252 Invasive exotic plant control on public |
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lands.--The department shall establish a program to: |
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(4) Use funds in the Invasive Plant Control Trust Fund as |
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authorized by the Legislature for carrying out activities under |
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349
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this section on public lands. Twenty percent of the amount |
|
350
|
credited to the Invasive Plant Control Trust Fund pursuant to s. |
|
351
|
201.15(6) shall be used for the purpose of controlling |
|
352
|
nonnative, upland, invasive plant species on public lands. |
|
353
|
Section 7. Section 370.0603, Florida Statutes, is amended |
|
354
|
to read: |
|
355
|
370.0603 Marine Resources Conservation Trust Fund; |
|
356
|
purposes.-- |
|
357
|
(1) The Marine Resources Conservation Trust Fund within |
|
358
|
the Fish and Wildlife Conservation Commission shall serve as a |
|
359
|
broad-based depository for funds from various marine-related |
|
360
|
activities and shall be administered by the commission for the |
|
361
|
purposes of: |
|
362
|
(a) Funding for marine research. |
|
363
|
(b) Funding for fishery enhancement, including, but not |
|
364
|
limited to, fishery statistics development, artificial reefs, |
|
365
|
and fish hatcheries. |
|
366
|
(c) Funding for marine law enforcement. |
|
367
|
(d) Funding for administration of licensing programs for |
|
368
|
recreational fishing, saltwater products sales, and related |
|
369
|
information and education activities. |
|
370
|
(e) Funding for the operations of the Fish and Wildlife |
|
371
|
Conservation Commission. |
|
372
|
(f) Funding for titling and registration of vessels. |
|
373
|
(g) Funding for marine turtle protection, research, and |
|
374
|
recovery activities from revenues that are specifically credited |
|
375
|
to the trust fund for these purposes. |
|
376
|
(h) Funding activities for rehabilitation of oyster |
|
377
|
harvesting areas from which special oyster surcharge fees are |
|
378
|
collected, including relaying and transplanting live oysters. |
|
379
|
(2) The Marine Resources Conservation Trust Fund shall |
|
380
|
receive the proceeds from: |
|
381
|
(a) All license fees collected pursuant to ss. 370.06 and |
|
382
|
370.07. |
|
383
|
(b) All funds collected from the registration of vessels |
|
384
|
and other fees pursuant to s. 328.72. |
|
385
|
(c) All fees collected pursuant to ss. 370.063, 370.142, |
|
386
|
and 372.5704. |
|
387
|
(d) All fines and penalties pursuant to s. 370.021. |
|
388
|
(e) Other revenues as provided by law. |
|
389
|
(3) Funds provided to the Marine Resources Conservation |
|
390
|
Trust Fund from taxes distributed under s. 201.15(11) shall be |
|
391
|
used for the following purposes:
|
|
392
|
(a) To reimburse the cost of activities authorized |
|
393
|
pursuant to the Fish and Wildlife Service of the United States |
|
394
|
Department of the Interior. Such facilities must be involved in |
|
395
|
the actual rescue and full-time acute care veterinarian-based |
|
396
|
rehabilitation of manatees. The cost of activities includes, but |
|
397
|
is not limited to, costs associated with expansion, capital |
|
398
|
outlay, repair, maintenance, and operation related to the |
|
399
|
rescue, treatment, stabilization, maintenance, release, and |
|
400
|
monitoring of manatees. Moneys distributed through the |
|
401
|
contractual agreement to each facility for manatee |
|
402
|
rehabilitation must be proportionate to the number of manatees |
|
403
|
under acute care rehabilitation; the number of maintenance days |
|
404
|
medically necessary in the facility; and the number released |
|
405
|
during the previous fiscal year. The commission may set a cap on |
|
406
|
the total amount reimbursed per manatee per year.
|
|
407
|
(b) For training on the care, treatment, and |
|
408
|
rehabilitation of marine mammals at the Whitney Laboratory and |
|
409
|
the College of Veterinary Medicine at the University of Florida.
|
|
410
|
(c) For program administration costs of the agency.
|
|
411
|
(d) Funds not distributed in any 1 fiscal year must be |
|
412
|
carried over for distribution in subsequent years.
|
|
413
|
Section 8. Subsection (1) of section 375.075, Florida |
|
414
|
Statutes, is amended to read: |
|
415
|
375.075 Outdoor recreation; financial assistance to local |
|
416
|
governments.-- |
|
417
|
(1) The Department of Environmental Protection is |
|
418
|
authorized to establish the Florida Recreation Development |
|
419
|
Assistance Program to provide grants to qualified local |
|
420
|
governmental entities to acquire or develop land for public |
|
421
|
outdoor recreation purposes. To the extent not needed for debt |
|
422
|
service on bonds issued pursuant to s. 375.051, each year the |
|
423
|
department shall develop and plan a program which shall be based |
|
424
|
upon funding of not less than 5 percent of the money credited to |
|
425
|
the Land Acquisition Trust Fund pursuant to s. 201.15(2) and (3) |
|
426
|
in that year. Beginning fiscal year 2001-2002,The department |
|
427
|
shall develop and plan a program which shall be based upon the |
|
428
|
cumulative total funding provided from this section and from the |
|
429
|
Florida Forever Trust Fund pursuant to s. 259.105(3)(c). |
|
430
|
Section 9. Subsections (5) and (6) of section 420.5092, |
|
431
|
Florida Statutes, are amended to read: |
|
432
|
420.5092 Florida Affordable Housing Guarantee Program.-- |
|
433
|
(5) Pursuant to s. 16, Art. VII of the State Constitution, |
|
434
|
the corporation may issue, in accordance with s. 420.509, |
|
435
|
revenue bonds of the corporation to establish the guarantee |
|
436
|
fund. Such revenue bonds shall be primarily payable from and |
|
437
|
secured by annual debt service reserves, from interest earned on |
|
438
|
funds on deposit in the guarantee fund, from fees, charges, and |
|
439
|
reimbursements established by the corporation for the issuance |
|
440
|
of affordable housing guarantees, and from any other revenue |
|
441
|
sources received by the corporation and deposited by the |
|
442
|
corporation into the guarantee fund for the issuance of |
|
443
|
affordable housing guarantees. To the extent such primary |
|
444
|
revenue sources are considered insufficient by the corporation, |
|
445
|
pursuant to the certification provided in subsection (6), to |
|
446
|
fully fund the annual debt service reserve, the certified |
|
447
|
deficiency in such reserve shall be additionally payable from |
|
448
|
the distributions of documentary stamp tax proceeds pursuant to |
|
449
|
s. 201.15(3)firstproceeds of the documentary stamp tax moneys |
|
450
|
deposited into the State Housing Trust Fund pursuant to s. |
|
451
|
201.15(9)(a) and (10)(a)during the ensuing state fiscal year. |
|
452
|
(6)(a) If the primary revenue sources to be used for |
|
453
|
repayment of revenue bonds used to establish the guarantee fund |
|
454
|
are insufficient for such repayment, the annual principal and |
|
455
|
interest due on each series of revenue bonds shall be payable |
|
456
|
from funds in the annual debt service reserve. The corporation |
|
457
|
shall, before June 1 of each year, perform a financial audit to |
|
458
|
determine whether at the end of the state fiscal year there will |
|
459
|
be on deposit in the guarantee fund an annual debt service |
|
460
|
reserve from interest earned pursuant to the investment of the |
|
461
|
guarantee fund, fees, charges, and reimbursements received from |
|
462
|
issued affordable housing guarantees and other revenue sources |
|
463
|
available to the corporation. Based upon the findings in such |
|
464
|
guarantee fund financial audit, the corporation shall certify to |
|
465
|
the Chief Financial OfficerComptrollerthe amount of any |
|
466
|
projected deficiency in the annual debt service reserve for any |
|
467
|
series of outstanding bonds as of the end of the state fiscal |
|
468
|
year and the amount necessary to maintain such annual debt |
|
469
|
service reserve. Upon receipt of such certification, the Chief |
|
470
|
Financial OfficerComptrollershall transfer to the annual debt |
|
471
|
service reserve, from the distributions of documentary stamp tax |
|
472
|
proceeds pursuant to s. 201.15(3)first available taxes |
|
473
|
distributed to the State Housing Trust Fund pursuant to s. |
|
474
|
201.15(9)(a) and (10)(a)during the ensuing state fiscal year, |
|
475
|
the amount certified as necessary to maintain the annual debt |
|
476
|
service reserve. |
|
477
|
(b) If the claims payment obligations under affordable |
|
478
|
housing guarantees from amounts on deposit in the guarantee fund |
|
479
|
would cause the claims paying rating assigned to the guarantee |
|
480
|
fund to be less than the third-highest rating classification of |
|
481
|
any nationally recognized rating service, which classifications |
|
482
|
being consistent with s. 215.84(3) and rules adopted thereto by |
|
483
|
the State Board of Administration, the corporation shall certify |
|
484
|
to the Chief Financial OfficerComptrollerthe amount of such |
|
485
|
claims payment obligations. Upon receipt of such certification, |
|
486
|
the Chief Financial OfficerComptrollershall transfer to the |
|
487
|
guarantee fund, from the distributions of documentary stamp tax |
|
488
|
proceeds pursuant to s. 201.15(3)first available taxes |
|
489
|
distributed to the State Housing Trust Fund pursuant to s. |
|
490
|
201.15(9)(a) and (10)(a)during the ensuing state fiscal year, |
|
491
|
the amount certified as necessary to meet such obligations, such |
|
492
|
transfer to be subordinate to any transfer referenced in |
|
493
|
paragraph (a) and not to exceed 50 percent of the maximum |
|
494
|
possible distributions of documentary stamp tax proceeds |
|
495
|
pursuant to s. 201.15(3)amounts distributed to the State |
|
496
|
Housing Trust Fund pursuant to s. 201.15(9)(a) and (10)(a) |
|
497
|
during the preceding state fiscal year. |
|
498
|
Section 10. Section 420.9073, Florida Statutes, is amended |
|
499
|
to read: |
|
500
|
420.9073 Local housing distributions.-- |
|
501
|
(1) Distributions from the Local Government Housing Trust |
|
502
|
Fundcalculated in this sectionshall be disbursed on a monthly |
|
503
|
basis by the corporation beginning the first day of the month |
|
504
|
after program approval pursuant to s. 420.9072. Each county's |
|
505
|
share of the funds to be distributed from the portion of the |
|
506
|
funds in the Local Government Housing Trust fund received |
|
507
|
pursuant to s. 201.15(9)shall be calculated by the corporation |
|
508
|
for each fiscal year as provided in the General Appropriations |
|
509
|
Act.follows: |
|
510
|
(a) Each county other than a county that has implemented |
|
511
|
the provisions of chapter 83-220, Laws of Florida, as amended by |
|
512
|
chapters 84-270, 86-152, and 89-252, Laws of Florida, shall |
|
513
|
receive the guaranteed amount for each fiscal year.
|
|
514
|
(b) Each county other than a county that has implemented |
|
515
|
the provisions of chapter 83-220, Laws of Florida, as amended by |
|
516
|
chapters 84-270, 86-152, and 89-252, Laws of Florida, may |
|
517
|
receive an additional share calculated as follows:
|
|
518
|
1. Multiply each county's percentage of the total state |
|
519
|
population excluding the population of any county that has |
|
520
|
implemented the provisions of chapter 83-220, Laws of Florida, |
|
521
|
as amended by chapters 84-270, 86-152, and 89-252, Laws of |
|
522
|
Florida, by the total funds to be distributed.
|
|
523
|
2. If the result in subparagraph 1. is less than the |
|
524
|
guaranteed amount as determined in subsection (3), that county's |
|
525
|
additional share shall be zero.
|
|
526
|
3. For each county in which the result in subparagraph 1. |
|
527
|
is greater than the guaranteed amount as determined in |
|
528
|
subsection (3), the amount calculated in subparagraph 1. shall |
|
529
|
be reduced by the guaranteed amount. The result for each such |
|
530
|
county shall be expressed as a percentage of the amounts so |
|
531
|
determined for all counties. Each such county shall receive an |
|
532
|
additional share equal to such percentage multiplied by the |
|
533
|
total funds received by the Local Government Housing Trust Fund |
|
534
|
pursuant to s. 201.15(9) reduced by the guaranteed amount paid |
|
535
|
to all counties.
|
|
536
|
(2) Effective July 1, 1995, distributions calculated in |
|
537
|
this section shall be disbursed on a monthly basis by the |
|
538
|
corporation beginning the first day of the month after program |
|
539
|
approval pursuant to s. 420.9072. Each county's share of the |
|
540
|
funds to be distributed from the portion of the funds in the |
|
541
|
Local Government Housing Trust Fund received pursuant to s. |
|
542
|
201.15(10) shall be calculated by the corporation for each |
|
543
|
fiscal year as follows:
|
|
544
|
(a) Each county shall receive the guaranteed amount for |
|
545
|
each fiscal year.
|
|
546
|
(b) Each county may receive an additional share calculated |
|
547
|
as follows:
|
|
548
|
1. Multiply each county's percentage of the total state |
|
549
|
population, by the total funds to be distributed.
|
|
550
|
2. If the result in subparagraph 1. is less than the |
|
551
|
guaranteed amount as determined in subsection (3), that county's |
|
552
|
additional share shall be zero.
|
|
553
|
3. For each county in which the result in subparagraph 1. |
|
554
|
is greater than the guaranteed amount, the amount calculated in |
|
555
|
subparagraph 1. shall be reduced by the guaranteed amount. The |
|
556
|
result for each such county shall be expressed as a percentage |
|
557
|
of the amounts so determined for all counties. Each such county |
|
558
|
shall receive an additional share equal to this percentage |
|
559
|
multiplied by the total funds received by the Local Government |
|
560
|
Housing Trust Fund pursuant to s. 201.15(10) as reduced by the |
|
561
|
guaranteed amount paid to all counties.
|
|
562
|
(3) Calculation of guaranteed amounts:
|
|
563
|
(a) The guaranteed amount under subsection (1) shall be |
|
564
|
calculated for each state fiscal year by multiplying $350,000 by |
|
565
|
a fraction, the numerator of which is the amount of funds |
|
566
|
distributed to the Local Government Housing Trust Fund pursuant |
|
567
|
to s. 201.15(9) and the denominator of which is the total amount |
|
568
|
of funds distributed to the Local Government Housing Trust Fund |
|
569
|
pursuant to s. 201.15.
|
|
570
|
(b) The guaranteed amount under subsection (2) shall be |
|
571
|
calculated for each state fiscal year by multiplying $350,000 by |
|
572
|
a fraction, the numerator of which is the amount of funds |
|
573
|
distributed to the Local Government Housing Trust Fund pursuant |
|
574
|
to s. 201.15(10) and the denominator of which is the total |
|
575
|
amount of funds distributed to the Local Government Housing |
|
576
|
Trust Fund pursuant to s. 201.15. |
|
577
|
(4)Funds distributed pursuant to this section may not be |
|
578
|
pledged to pay debt service on any bonds. |
|
579
|
Section 11. Section 420.9078, Florida Statutes, is amended |
|
580
|
to read: |
|
581
|
420.9078 State administration of remaining local housing |
|
582
|
distribution funds.--When appropriated funds remain in the Local |
|
583
|
Government Housing Trust Fund, the corporation shall distribute |
|
584
|
the remaining funds as follows: |
|
585
|
(1) The corporation shall distribute all remaining funds |
|
586
|
proportionately as provided in s. 420.9073(2)(b)among counties |
|
587
|
and eligible municipalities for which an emergency or natural |
|
588
|
disaster has been declared by executive order and which have an |
|
589
|
approved local housing assistance plan to implement a local |
|
590
|
housing assistance strategy, consistent with ss. 420.907- |
|
591
|
420.9079, for repairing and replacing housing damaged as a |
|
592
|
result of the emergency or natural disaster. |
|
593
|
(2) If subsection (1) does not apply, the corporation |
|
594
|
shall distribute the remaining funds proportionately as provided |
|
595
|
in ss. 420.9072 and 420.9073(2)(b)among all counties and |
|
596
|
eligible municipalities that have fully expended their local |
|
597
|
housing distributions for the immediately preceding state fiscal |
|
598
|
year on eligible activities and have an approved local housing |
|
599
|
assistance plan. A county or eligible municipality that receives |
|
600
|
local housing distributions pursuant to this subsection shall |
|
601
|
expend those funds in accordance with the provisions of ss. |
|
602
|
420.907-420.9079, corporation rule, and its local housing |
|
603
|
assistance plan. |
|
604
|
Section 12. Subsection (1) of section 420.9079, Florida |
|
605
|
Statutes, is amended to read: |
|
606
|
420.9079 Local Government Housing Trust Fund.-- |
|
607
|
(1) There is created in the State Treasury the Local |
|
608
|
Government Housing Trust Fund, which shall be administered by |
|
609
|
the corporation on behalf of the department according to the |
|
610
|
provisions of ss. 420.907-420.9078 and this section. There shall |
|
611
|
be deposited into the fund a portion of the documentary stamp |
|
612
|
tax revenues as provided in s. 201.15,moneys received from any |
|
613
|
other source for the purposes of ss. 420.907-420.9078 and this |
|
614
|
section,and all proceeds derived from the investment of such |
|
615
|
moneys. Moneys in the fund that are not currently needed for the |
|
616
|
purposes of the programs administered pursuant to ss. 420.907- |
|
617
|
420.9078 and this section shall be deposited to the credit of |
|
618
|
the fund and may be invested as provided by law. The interest |
|
619
|
received on any such investment shall be credited to the fund. |
|
620
|
Section 13. For fiscal year 2003-2004, funds are |
|
621
|
transferred from the General Revenue Fund to the following trust |
|
622
|
funds in the amounts specified:
|
|
623
|
(1) Department of Environmental Protection:
|
|
624
|
(a) Conservation and Recreation Lands Trust Fund, |
|
625
|
$54,300,000.
|
|
626
|
(b) Land Acquisition Trust Fund, $96,531,000.
|
|
627
|
(c) Water Management Lands Trust Fund, $48,400,000.
|
|
628
|
(d) Ecosystem Management and Restoration Trust Fund, |
|
629
|
$22,500,000.
|
|
630
|
(e) Invasive Plant Control Trust Fund, $21,500,000.
|
|
631
|
(f) Water Quality Assurance Trust Fund, $3,000,000.
|
|
632
|
(2) Fish and Wildlife Conservation Commission, State Game |
|
633
|
Trust Fund, $2,000,000.
|
|
634
|
(3) Department of Revenue, Administrative Trust Fund, |
|
635
|
$7,900,000. |
|
636
|
Section 14. This act shall take effect July 1, 2003. |
|
637
|
|
|
638
|
|
|
639
|
================= T I T L E A M E N D M E N T ================= |
|
640
|
Remove the entire title, and insert: |
|
641
|
A bill to be entitled |
|
642
|
An act relating to the excise tax on documents; amending |
|
643
|
s. 201.15, F.S.; eliminating distributions to various |
|
644
|
trust funds of proceeds of the excise tax on documents; |
|
645
|
redirecting the tax proceeds to the General Revenue Fund; |
|
646
|
amending s. 161.091, F.S., relating to a use of the |
|
647
|
Ecosystem Management and Restoration Trust Fund, to |
|
648
|
conform; repealing s. 161.05301, F.S., relating to beach |
|
649
|
erosion control project staffing and an appropriation to |
|
650
|
the Ecosystem Management and Restoration Trust Fund, to |
|
651
|
conform; amending s. 201.0205, F.S., relating to |
|
652
|
eligibility to participate in programs funded from the |
|
653
|
documentary stamp tax, to conform; amending s. 259.032, |
|
654
|
F.S., relating to sources of funding for the Conservation |
|
655
|
and Recreation Lands Trust Fund, to conform; amending s. |
|
656
|
369.252, F.S., relating to a use of the Invasive Plant |
|
657
|
Control Trust Fund, to conform; amending s. 370.0603, |
|
658
|
F.S., relating to uses of the Marine Resources |
|
659
|
Conservation Trust Fund, to conform; amending s. 375.075, |
|
660
|
F.S., relating to a use of the Land Acquisition Trust |
|
661
|
Fund, to conform; amending s. 420.5092, F.S.; revising the |
|
662
|
use of tax proceeds to support the Florida Affordable |
|
663
|
Housing Guarantee Program; amending ss. 420.9073, |
|
664
|
420.9078, and 420.9079, F.S., relating to funding of and |
|
665
|
distributions from the Local Government Housing Trust |
|
666
|
Fund, to conform; providing for the transfer of moneys in |
|
667
|
the General Revenue Fund to specified trust funds for |
|
668
|
fiscal year 2003-2004; providing an effective date. |
|
669
|
|