HOUSE AMENDMENT
Bill No. CS/SB 388
   
1 CHAMBER ACTION
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Senate House
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12          Representative Kyle offered the following:
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14          Amendment (with title amendment)
15          Remove everything after the enacting clause, and insert:
16          Section 1. Section 201.15, Florida Statutes, is amended to
17    read:
18          201.15 Distribution of taxes collected.--All taxes
19    collected under this chapter shall be distributed as follows and
20    shall be subject to the service charge imposed in s. 215.20(1),
21    except that such service charge shall not be levied against any
22    portion of taxes pledged to debt service on bonds to the extent
23    that the amount of the service charge is required to pay any
24    amounts relating to the bonds:
25          (1) Seventy-eight and nine hundred forty-six thousandths
26    Sixty-two and sixty-three hundredths percent of the remaining
27    taxes collected under this chapter shall be used for the
28    following purposes:
29          (a) Amounts as shall be necessary to pay the debt service
30    on, or fund debt service reserve funds, rebate obligations, or
31    other amounts payable with respect to Preservation 2000 bonds
32    issued pursuant to s. 375.051 and Florida Forever bonds issued
33    pursuant to s. 215.618, shall be paid into the State Treasury to
34    the credit of the Land Acquisition Trust Fund to be used for
35    such purposes. The amount transferred to the Land Acquisition
36    Trust Fund for such purposes shall not exceed $300 million in
37    fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
38    and bonds issued to refund Preservation 2000 bonds, and $300
39    million in fiscal year 2000-2001 and thereafter for Florida
40    Forever bonds. The annual amount transferred to the Land
41    Acquisition Trust Fund for Florida Forever bonds shall not
42    exceed $30 million in the first fiscal year in which bonds are
43    issued. The limitation on the amount transferred shall be
44    increased by an additional $30 million in each subsequent fiscal
45    year, but shall not exceed a total of $300 million in any fiscal
46    year for all bonds issued. It is the intent of the Legislature
47    that all bonds issued to fund the Florida Forever Act be retired
48    by December 31, 2030. Except for bonds issued to refund
49    previously issued bonds, no series of bonds may be issued
50    pursuant to this paragraph unless such bonds are approved and
51    the debt service for the remainder of the fiscal year in which
52    the bonds are issued is specifically appropriated in the General
53    Appropriations Act. For purposes of refunding Preservation 2000
54    bonds, amounts designated within this section for Preservation
55    2000 and Florida Forever bonds may be transferred between the
56    two programs to the extent provided for in the documents
57    authorizing the issuance of the bonds. The Preservation 2000
58    bonds and Florida Forever bonds shall be equally and ratably
59    secured by moneys distributable to the Land Acquisition Trust
60    Fund pursuant to this section, except to the extent specifically
61    provided otherwise by the documents authorizing the issuance of
62    the bonds. No moneys transferred to the Land Acquisition Trust
63    Fund pursuant to this paragraph, or earnings thereon, shall be
64    used or made available to pay debt service on the Save Our Coast
65    revenue bonds.
66          (b) The remainder of the moneys distributed under this
67    subsection, after the required payment under paragraph (a),
68    shall be paid into the State Treasury to the credit of the Save
69    Our Everglades Trust Fund in amounts necessary to pay debt
70    service, provide reserves, and pay rebate obligations and other
71    amounts due with respect to bonds issued under s. 215.619.
72          (c) The remainder of the moneys distributed under this
73    subsection, after the required payments under paragraphs (a) and
74    (b), shall be paid into the State Treasury to the credit of the
75    Land Acquisition Trust Fund and may be used for any purpose for
76    which funds deposited in the Land Acquisition Trust Fund may
77    lawfully be used. Payments made under this paragraph shall
78    continue until the cumulative amount credited to the Land
79    Acquisition Trust Fund for the fiscal year under this paragraph
80    and paragraph (2)(b) equals 70 percent of the current official
81    forecast for distributions of taxes collected under this chapter
82    pursuant to subsection (2). As used in this paragraph, the term
83    "current official forecast" means the most recent forecast as
84    determined by the Revenue Estimating Conference. If the current
85    official forecast for a fiscal year changes after payments under
86    this paragraph have ended during that fiscal year, no further
87    payments are required under this paragraph during the fiscal
88    year.
89          (c)(d)The remainder of the moneys distributed under this
90    subsection, after the required payments under paragraphs (a)
91    and, (b), and (c),shall be paid into the State Treasury to the
92    credit of the General Revenue Fund of the state to be used and
93    expended for the purposes for which the General Revenue Fund was
94    created and exists by law or to the Ecosystem Management and
95    Restoration Trust Fund or to the Marine Resources Conservation
96    Trust Fund as provided in subsection (11).
97          (2) Eight and seven hundred twenty-four thousandthsSeven
98    and fifty-six hundredths percent of the remainingtaxes
99    collected under this chapter shall be paid into the State
100    Treasury to the credit of the General Revenue Fund. Amounts
101    distributed under this subsection are subject to payment of debt
102    service on bonds issued to acquire coastal lands through deposit
103    into the Land Acquisition Trust Fund. Any moneys remaining after
104    payment of such debt service shall be available for any purpose
105    for which funds in the General Revenue Fund may be lawfully
106    used.
107          (3) Four and eighty-five hundredths percent of the taxes
108    collected under this chapter shall beused for the following
109    purposes:
110          (a) Amounts as shall be necessary to fully fund the annual
111    debt service reserve in the Affordable Housing Guarantee Fund
112    pursuant to s. 420.5092(6)(a) shall be paid into the State
113    Treasury to the credit of the Affordable Housing Guarantee Fund
114    to be used for the purposes described in that paragraph.
115          (b) Amounts as shall be necessary to maintain or restore
116    the claims paying rating assigned to the Affordable Housing
117    Guarantee Fund such that the rating is not less than the third-
118    highest rating classification of any nationally recognized
119    rating service rating the fund shall, pursuant to s.
120    420.5092(6)(b), be paid into the State Treasury to the credit of
121    the Affordable Housing Guarantee Fund to be used for the
122    purposes described in that paragraph.
123          (a) Beginning in the month following the final payment for
124    a fiscal year under paragraph (1)(c), available moneys shall be
125    paid into the State Treasury to the credit of the General
126    Revenue Fund of the state to be used and expended for the
127    purposes for which the General Revenue Fund was created and
128    exists by law or to the Ecosystem Management and Restoration
129    Trust Fund or to the Marine Resources Conservation Trust Fund as
130    provided in subsection (11). Payments made under this paragraph
131    shall continue until the cumulative amount credited to the
132    General Revenue Fund for the fiscal year under this paragraph
133    equals the cumulative payments made under paragraph (1)(c) for
134    the same fiscal year.
135          (c)(b)The remainder of the moneys distributed under this
136    subsection, after the required payments under paragraphs (a) and
137    (b), shall be paid into the State Treasury to the credit of the
138    General Revenue FundLand Acquisition Trust Fund. Sums deposited
139    in the fund pursuant to this subsection may be used for any
140    purpose for which funds deposited in the Land Acquisition Trust
141    Fund may lawfully be used.
142          (4)(3)Seven and forty-eightOne and ninety-four
143    hundredths percent of the remainingtaxes collected under this
144    chapter shall be paid into the State Treasury to the credit of
145    the General Revenue Fund. Amounts distributed pursuant to this
146    subsection are subject to payment of debt service on outstanding
147    Conservation and Recreation Lands revenue bonds through deposit
148    into the Land Acquisition Trust Fund. Moneys deposited in the
149    trust fund pursuant to this section shall be used for the
150    following purposes:
151          (a) Sixty percent of the moneys shall be used to acquire
152    coastal lands or to pay debt service on bonds issued to acquire
153    coastal lands; and
154          (b) Forty percent of the moneys shall be used to develop
155    and manage lands acquired with moneys from the Land Acquisition
156    Trust Fund.
157          (4) Four and two-tenths percent of the remaining taxes
158    collected under this chapter shall be paid into the State
159    Treasury to the credit of the Water Management Lands Trust Fund.
160    Sums deposited in that fund may be used for any purpose
161    authorized in s. 373.59.
162          (5) Four and two-tenths percent of the remaining taxes
163    collected under this chapter shall be paid into the State
164    Treasury to the credit of the Conservation and Recreation Lands
165    Trust Fund to carry out the purposes set forth in s. 259.032.
166    Nine and one-half percent of the amount credited to the
167    Conservation and Recreation Lands Trust Fund pursuant to this
168    subsection shall be transferred to the State Game Trust Fund and
169    used for land management activities.
170          (6) Two and twenty-eight hundredths percent of the
171    remaining taxes collected under this chapter shall be paid into
172    the State Treasury to the credit of the Invasive Plant Control
173    Trust Fund to carry out the purposes set forth in ss. 369.22 and
174    369.252.
175          (7) One-half of one percent of the remaining taxes
176    collected under this chapter shall be paid into the State
177    Treasury to the credit of the State Game Trust Fund to be used
178    exclusively for the purpose of implementing the Lake Restoration
179    2020 Program.
180          (8) One-half of one percent of the remaining taxes
181    collected under this chapter shall be paid into the State
182    Treasury and divided equally to the credit of the Department of
183    Environmental Protection Water Quality Assurance Trust Fund to
184    address water quality impacts associated with nonagricultural
185    nonpoint sources and to the credit of the Department of
186    Agriculture and Consumer Services General Inspection Trust Fund
187    to address water quality impacts associated with agricultural
188    nonpoint sources, respectively. These funds shall be used for
189    research, development, demonstration, and implementation of
190    suitable best management practices or other measures used to
191    achieve water quality standards in surface waters and water
192    segments identified pursuant to ss. 303(d) of the Clean Water
193    Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
194    Implementation of best management practices and other measures
195    may include cost-share grants, technical assistance,
196    implementation tracking, and conservation leases or other
197    agreements for water quality improvement. The Department of
198    Environmental Protection and the Department of Agriculture and
199    Consumer Services may adopt rules governing the distribution of
200    funds for implementation of best management practices. The
201    unobligated balance of funds received from the distribution of
202    taxes collected under this chapter to address water quality
203    impacts associated with nonagricultural nonpoint sources will be
204    excluded when calculating the unobligated balance of the Water
205    Quality Assurance Trust Fund as it relates to the determination
206    of the applicable excise tax rate.
207          (9) Seven and fifty-three hundredths percent of the
208    remaining taxes collected under this chapter shall be paid into
209    the State Treasury to the credit of the State Housing Trust Fund
210    and shall be used as follows:
211          (a) Half of that amount shall be used for the purposes for
212    which the State Housing Trust Fund was created and exists by
213    law.
214          (b) Half of that amount shall be paid into the State
215    Treasury to the credit of the Local Government Housing Trust
216    Fund and shall be used for the purposes for which the Local
217    Government Housing Trust Fund was created and exists by law.
218          (10) Eight and sixty-six hundredths percent of the
219    remaining taxes collected under this chapter shall be paid into
220    the State Treasury to the credit of the State Housing Trust Fund
221    and shall be used as follows:
222          (a) Twelve and one-half percent of that amount shall be
223    deposited into the State Housing Trust Fund and be expended by
224    the Department of Community Affairs and by the Florida Housing
225    Finance Corporation for the purposes for which the State Housing
226    Trust Fund was created and exists by law.
227          (b) Eighty-seven and one-half percent of that amount shall
228    be distributed to the Local Government Housing Trust Fund and
229    shall be used for the purposes for which the Local Government
230    Housing Trust Fund was created and exists by law. Funds from
231    this category may also be used to provide for state and local
232    services to assist the homeless.
233          (11) From the moneys specified in paragraphs (1)(d) and
234    (2)(a) and prior to deposit of any moneys into the General
235    Revenue Fund, $30 million shall be paid into the State Treasury
236    to the credit of the Ecosystem Management and Restoration Trust
237    Fund in fiscal year 2000-2001 and each fiscal year thereafter,
238    to be used for the preservation and repair of the state's
239    beaches as provided in ss. 161.091-161.212, and $2 million shall
240    be paid into the State Treasury to the credit of the Marine
241    Resources Conservation Trust Fund to be used for marine mammal
242    care as provided in s. 370.0603(3).
243          (5)(12)The Department of Revenue may use the payments
244    credited to the General Revenue Fundtrust funds pursuant to
245    paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6),
246    (7), (8), (9), and (10)to pay the costs of the collection and
247    enforcement of the tax levied by this chapter. The percentage of
248    such costs which may be assessed against a trust fund is a
249    ratio, the numerator of which is payments credited to that trust
250    fund under this section and the denominator of which is the sum
251    of payments made under paragraphs (1)(c) and (2)(b) and
252    subsections (3), (4), (5), (6), (7), (8), (9), and (10).
253          (6)(13)Moneys appropriated toThe distribution of
254    proceeds deposited intothe Water Management Lands Trust Fund
255    and the Conservation and Recreation Lands Trust Fund, pursuant
256    to subsections (4) and (5),shall not be used for land
257    acquisition, but may be used for preacquisition costs associated
258    with land purchases. The Legislature intends that the Florida
259    Forever program supplant the acquisition programs formerly
260    authorized under ss. 259.032 and 373.59. Prior to the 2005
261    Regular Session of the Legislature, the Acquisition and
262    Restoration Council shall review and make recommendations to the
263    Legislature concerning the need to repeal this provision. Based
264    on these recommendations, the Legislature shall review the need
265    to repeal this provision during the 2005 Regular Session.
266          (14) Amounts distributed pursuant to subsections (5), (6),
267    (7) and (8) are subject to the payment of debt service on
268    outstanding Conservation and Recreation Lands revenue bonds.
269          Section 2. Section 161.091, Florida Statutes, is amended
270    to read:
271          161.091 Beach management; funding; repair and maintenance
272    strategy.--
273          (1) Subject to such appropriations as the Legislature may
274    make therefor from time to time, disbursements from the
275    Ecosystem Management and Restoration Trust Fund may be made by
276    the department in order to carry out the proper state
277    responsibilities in a comprehensive, long-range, statewide beach
278    management plan for erosion control; beach preservation,
279    restoration, and nourishment; and storm and hurricane
280    protection. Legislative intent in appropriating such funds is
281    for the implementation of those projects that contribute most
282    significantly to addressing the state's beach erosion problems.
283          (2) The department shall develop a multiyear repair and
284    maintenance strategy that:
285          (a) Encourages regional approaches to ensure the
286    geographic coordination and sequencing of prioritized projects;
287          (b) Reduces equipment mobilization and demobilization
288    costs;
289          (c) Maximizes the infusion of beach-quality sand into the
290    system;
291          (d) Extends the life of beach nourishment projects and
292    reduces the frequency of nourishment; and
293          (e) Promotes inlet sand bypassing to replicate the natural
294    flow of sand interrupted by improved, modified, or altered
295    inlets and ports.
296          (3) In accordance with the intent expressed in s. 161.088
297    and the legislative finding that erosion of the beaches of this
298    state is detrimental to tourism, the state's major industry,
299    further exposes the state's highly developed coastline to severe
300    storm damage, and threatens beach-related jobs, which, if not
301    stopped, could significantly reduce state sales tax revenues,
302    funds deposited into the State Treasury to the credit of the
303    Ecosystem Management and Restoration Trust Fund, in the annual
304    amounts provided in s. 201.15(11), shall be used, for a period
305    of not less than 15 years, to fund the development,
306    implementation, and administration of the state's beach
307    management plan, as provided in ss. 161.091-161.212, prior to
308    the use of such funds deposited pursuant to s. 201.15(11) in
309    that trust fund for any other purpose.
310          Section 3. Section 161.05301, Florida Statutes, is
311    repealed.
312          Section 4. Section 201.0205, Florida Statutes, is amended
313    to read:
314          201.0205 Counties that have implemented ch. 83-220;
315    inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
316    Laws of Florida.--The 10-cent tax increase in the documentary
317    stamp tax levied by s. 2, chapter 92-317, does not apply to
318    deeds and other taxable instruments relating to real property
319    located in any county that has implemented the provisions of
320    chapter 83-220, Laws of Florida, as amended by chapters 84-270,
321    86-152, and 89-252, Laws of Florida. Each such county and each
322    eligible jurisdiction within such county shall not be eligible
323    to participate in programs funded pursuant to s. 201.15(6).
324    However, each such county and each eligible jurisdiction within
325    such county shall be eligible to participate in programs funded
326    pursuant to s. 201.15(7).
327          Section 5. Paragraph (a) of subsection (2) of section
328    259.032, Florida Statutes, is amended to read:
329          259.032 Conservation and Recreation Lands Trust Fund;
330    purpose.--
331          (2)(a) The Conservation and Recreation Lands Trust Fund is
332    established within the Department of Environmental Protection.
333    The fund shall be used as a nonlapsing, revolving fund
334    exclusively for the purposes of this section. The fund shall be
335    credited with proceeds from the following excise taxes:
336          1. The excise taxes on documents and other funds
337    distributed to the trust fund as provided in s. 201.15.; and
338          2. The excise tax on the severance of phosphate rock as
339    provided in s. 211.3103.
340         
341          The Department of Revenue shall credit to the fund each month
342    the proceeds from such taxes as provided in this paragraph.
343          Section 6. Subsection (4) of section 369.252, Florida
344    Statutes, is amended to read:
345          369.252 Invasive exotic plant control on public
346    lands.--The department shall establish a program to:
347          (4) Use funds in the Invasive Plant Control Trust Fund as
348    authorized by the Legislature for carrying out activities under
349    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