1 | Representative Kyle offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 201.15, Florida Statutes, is reenacted |
6 | to read: |
7 | 201.15 Distribution of taxes collected.--All taxes |
8 | collected under this chapter shall be distributed as follows and |
9 | shall be subject to the service charge imposed in s. 215.20(1), |
10 | except that such service charge shall not be levied against any |
11 | portion of taxes pledged to debt service on bonds to the extent |
12 | that the amount of the service charge is required to pay any |
13 | amounts relating to the bonds: |
14 | (1) Sixty-two and sixty-three hundredths percent of the |
15 | remaining taxes collected under this chapter shall be used for |
16 | the following purposes: |
17 | (a) Amounts as shall be necessary to pay the debt service |
18 | on, or fund debt service reserve funds, rebate obligations, or |
19 | other amounts payable with respect to Preservation 2000 bonds |
20 | issued pursuant to s. 375.051 and Florida Forever bonds issued |
21 | pursuant to s. 215.618, shall be paid into the State Treasury to |
22 | the credit of the Land Acquisition Trust Fund to be used for |
23 | such purposes. The amount transferred to the Land Acquisition |
24 | Trust Fund for such purposes shall not exceed $300 million in |
25 | fiscal year 1999-2000 and thereafter for Preservation 2000 bonds |
26 | and bonds issued to refund Preservation 2000 bonds, and $300 |
27 | million in fiscal year 2000-2001 and thereafter for Florida |
28 | Forever bonds. The annual amount transferred to the Land |
29 | Acquisition Trust Fund for Florida Forever bonds shall not |
30 | exceed $30 million in the first fiscal year in which bonds are |
31 | issued. The limitation on the amount transferred shall be |
32 | increased by an additional $30 million in each subsequent fiscal |
33 | year, but shall not exceed a total of $300 million in any fiscal |
34 | year for all bonds issued. It is the intent of the Legislature |
35 | that all bonds issued to fund the Florida Forever Act be retired |
36 | by December 31, 2030. Except for bonds issued to refund |
37 | previously issued bonds, no series of bonds may be issued |
38 | pursuant to this paragraph unless such bonds are approved and |
39 | the debt service for the remainder of the fiscal year in which |
40 | the bonds are issued is specifically appropriated in the General |
41 | Appropriations Act. For purposes of refunding Preservation 2000 |
42 | bonds, amounts designated within this section for Preservation |
43 | 2000 and Florida Forever bonds may be transferred between the |
44 | two programs to the extent provided for in the documents |
45 | authorizing the issuance of the bonds. The Preservation 2000 |
46 | bonds and Florida Forever bonds shall be equally and ratably |
47 | secured by moneys distributable to the Land Acquisition Trust |
48 | Fund pursuant to this section, except to the extent specifically |
49 | provided otherwise by the documents authorizing the issuance of |
50 | the bonds. No moneys transferred to the Land Acquisition Trust |
51 | Fund pursuant to this paragraph, or earnings thereon, shall be |
52 | used or made available to pay debt service on the Save Our Coast |
53 | revenue bonds. |
54 | (b) The remainder of the moneys distributed under this |
55 | subsection, after the required payment under paragraph (a), |
56 | shall be paid into the State Treasury to the credit of the Save |
57 | Our Everglades Trust Fund in amounts necessary to pay debt |
58 | service, provide reserves, and pay rebate obligations and other |
59 | amounts due with respect to bonds issued under s. 215.619. |
60 | (c) The remainder of the moneys distributed under this |
61 | subsection, after the required payments under paragraphs (a) and |
62 | (b), shall be paid into the State Treasury to the credit of the |
63 | Land Acquisition Trust Fund and may be used for any purpose for |
64 | which funds deposited in the Land Acquisition Trust Fund may |
65 | lawfully be used. Payments made under this paragraph shall |
66 | continue until the cumulative amount credited to the Land |
67 | Acquisition Trust Fund for the fiscal year under this paragraph |
68 | and paragraph (2)(b) equals 70 percent of the current official |
69 | forecast for distributions of taxes collected under this chapter |
70 | pursuant to subsection (2). As used in this paragraph, the term |
71 | "current official forecast" means the most recent forecast as |
72 | determined by the Revenue Estimating Conference. If the current |
73 | official forecast for a fiscal year changes after payments under |
74 | this paragraph have ended during that fiscal year, no further |
75 | payments are required under this paragraph during the fiscal |
76 | year. |
77 | (d) The remainder of the moneys distributed under this |
78 | subsection, after the required payments under paragraphs (a), |
79 | (b), and (c), shall be paid into the State Treasury to the |
80 | credit of the General Revenue Fund of the state to be used and |
81 | expended for the purposes for which the General Revenue Fund was |
82 | created and exists by law or to the Ecosystem Management and |
83 | Restoration Trust Fund or to the Marine Resources Conservation |
84 | Trust Fund as provided in subsection (11). |
85 | (2) Seven and fifty-six hundredths percent of the |
86 | remaining taxes collected under this chapter shall be used for |
87 | the following purposes: |
88 | (a) Beginning in the month following the final payment for |
89 | a fiscal year under paragraph (1)(c), available moneys shall be |
90 | paid into the State Treasury to the credit of the General |
91 | Revenue Fund of the state to be used and expended for the |
92 | purposes for which the General Revenue Fund was created and |
93 | exists by law or to the Ecosystem Management and Restoration |
94 | Trust Fund or to the Marine Resources Conservation Trust Fund as |
95 | provided in subsection (11). Payments made under this paragraph |
96 | shall continue until the cumulative amount credited to the |
97 | General Revenue Fund for the fiscal year under this paragraph |
98 | equals the cumulative payments made under paragraph (1)(c) for |
99 | the same fiscal year. |
100 | (b) The remainder of the moneys distributed under this |
101 | subsection shall be paid into the State Treasury to the credit |
102 | of the Land Acquisition Trust Fund. Sums deposited in the fund |
103 | pursuant to this subsection may be used for any purpose for |
104 | which funds deposited in the Land Acquisition Trust Fund may |
105 | lawfully be used. |
106 | (3) One and ninety-four hundredths percent of the |
107 | remaining taxes collected under this chapter shall be paid into |
108 | the State Treasury to the credit of the Land Acquisition Trust |
109 | Fund. Moneys deposited in the trust fund pursuant to this |
110 | section shall be used for the following purposes: |
111 | (a) Sixty percent of the moneys shall be used to acquire |
112 | coastal lands or to pay debt service on bonds issued to acquire |
113 | coastal lands; and |
114 | (b) Forty percent of the moneys shall be used to develop |
115 | and manage lands acquired with moneys from the Land Acquisition |
116 | Trust Fund. |
117 | (4) Four and two-tenths percent of the remaining taxes |
118 | collected under this chapter shall be paid into the State |
119 | Treasury to the credit of the Water Management Lands Trust Fund. |
120 | Sums deposited in that fund may be used for any purpose |
121 | authorized in s. 373.59. |
122 | (5) Four and two-tenths percent of the remaining taxes |
123 | collected under this chapter shall be paid into the State |
124 | Treasury to the credit of the Conservation and Recreation Lands |
125 | Trust Fund to carry out the purposes set forth in s. 259.032. |
126 | Nine and one-half percent of the amount credited to the |
127 | Conservation and Recreation Lands Trust Fund pursuant to this |
128 | subsection shall be transferred to the State Game Trust Fund and |
129 | used for land management activities. |
130 | (6) Two and twenty-eight hundredths percent of the |
131 | remaining taxes collected under this chapter shall be paid into |
132 | the State Treasury to the credit of the Invasive Plant Control |
133 | Trust Fund to carry out the purposes set forth in ss. 369.22 and |
134 | 369.252. |
135 | (7) One-half of one percent of the remaining taxes |
136 | collected under this chapter shall be paid into the State |
137 | Treasury to the credit of the State Game Trust Fund to be used |
138 | exclusively for the purpose of implementing the Lake Restoration |
139 | 2020 Program. |
140 | (8) One-half of one percent of the remaining taxes |
141 | collected under this chapter shall be paid into the State |
142 | Treasury and divided equally to the credit of the Department of |
143 | Environmental Protection Water Quality Assurance Trust Fund to |
144 | address water quality impacts associated with nonagricultural |
145 | nonpoint sources and to the credit of the Department of |
146 | Agriculture and Consumer Services General Inspection Trust Fund |
147 | to address water quality impacts associated with agricultural |
148 | nonpoint sources, respectively. These funds shall be used for |
149 | research, development, demonstration, and implementation of |
150 | suitable best management practices or other measures used to |
151 | achieve water quality standards in surface waters and water |
152 | segments identified pursuant to ss. 303(d) of the Clean Water |
153 | Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
154 | Implementation of best management practices and other measures |
155 | may include cost-share grants, technical assistance, |
156 | implementation tracking, and conservation leases or other |
157 | agreements for water quality improvement. The Department of |
158 | Environmental Protection and the Department of Agriculture and |
159 | Consumer Services may adopt rules governing the distribution of |
160 | funds for implementation of best management practices. The |
161 | unobligated balance of funds received from the distribution of |
162 | taxes collected under this chapter to address water quality |
163 | impacts associated with nonagricultural nonpoint sources will be |
164 | excluded when calculating the unobligated balance of the Water |
165 | Quality Assurance Trust Fund as it relates to the determination |
166 | of the applicable excise tax rate. |
167 | (9) Seven and fifty-three hundredths percent of the |
168 | remaining taxes collected under this chapter shall be paid into |
169 | the State Treasury to the credit of the State Housing Trust Fund |
170 | and shall be used as follows: |
171 | (a) Half of that amount shall be used for the purposes for |
172 | which the State Housing Trust Fund was created and exists by |
173 | law. |
174 | (b) Half of that amount shall be paid into the State |
175 | Treasury to the credit of the Local Government Housing Trust |
176 | Fund and shall be used for the purposes for which the Local |
177 | Government Housing Trust Fund was created and exists by law. |
178 | (10) Eight and sixty-six hundredths percent of the |
179 | remaining taxes collected under this chapter shall be paid into |
180 | the State Treasury to the credit of the State Housing Trust Fund |
181 | and shall be used as follows: |
182 | (a) Twelve and one-half percent of that amount shall be |
183 | deposited into the State Housing Trust Fund and be expended by |
184 | the Department of Community Affairs and by the Florida Housing |
185 | Finance Corporation for the purposes for which the State Housing |
186 | Trust Fund was created and exists by law. |
187 | (b) Eighty-seven and one-half percent of that amount shall |
188 | be distributed to the Local Government Housing Trust Fund and |
189 | shall be used for the purposes for which the Local Government |
190 | Housing Trust Fund was created and exists by law. Funds from |
191 | this category may also be used to provide for state and local |
192 | services to assist the homeless. |
193 | (11) From the moneys specified in paragraphs (1)(d) and |
194 | (2)(a) and prior to deposit of any moneys into the General |
195 | Revenue Fund, $30 million shall be paid into the State Treasury |
196 | to the credit of the Ecosystem Management and Restoration Trust |
197 | Fund in fiscal year 2000-2001 and each fiscal year thereafter, |
198 | to be used for the preservation and repair of the state's |
199 | beaches as provided in ss. 161.091-161.212, and $2 million shall |
200 | be paid into the State Treasury to the credit of the Marine |
201 | Resources Conservation Trust Fund to be used for marine mammal |
202 | care as provided in s. 370.0603(3). |
203 | (12) The Department of Revenue may use the payments |
204 | credited to trust funds pursuant to paragraphs (1)(c) and (2)(b) |
205 | and subsections (3), (4), (5), (6), (7), (8), (9), and (10) to |
206 | pay the costs of the collection and enforcement of the tax |
207 | levied by this chapter. The percentage of such costs which may |
208 | be assessed against a trust fund is a ratio, the numerator of |
209 | which is payments credited to that trust fund under this section |
210 | and the denominator of which is the sum of payments made under |
211 | paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6), |
212 | (7), (8), (9), and (10). |
213 | (13) The distribution of proceeds deposited into the Water |
214 | Management Lands Trust Fund and the Conservation and Recreation |
215 | Lands Trust Fund, pursuant to subsections (4) and (5), shall not |
216 | be used for land acquisition, but may be used for preacquisition |
217 | costs associated with land purchases. The Legislature intends |
218 | that the Florida Forever program supplant the acquisition |
219 | programs formerly authorized under ss. 259.032 and 373.59. Prior |
220 | to the 2005 Regular Session of the Legislature, the Acquisition |
221 | and Restoration Council shall review and make recommendations to |
222 | the Legislature concerning the need to repeal this provision. |
223 | Based on these recommendations, the Legislature shall review the |
224 | need to repeal this provision during the 2005 Regular Session. |
225 | (14) Amounts distributed pursuant to subsections (5), (6), |
226 | (7) and (8) are subject to the payment of debt service on |
227 | outstanding Conservation and Recreation Lands revenue bonds. |
228 | Section 2. This act shall take effect July 1, 2005. |
229 |
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230 |
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231 | ================= T I T L E A M E N D M E N T ================= |
232 | Remove the entire title and insert: |
233 | A bill to be entitled |
234 | An act relating to the distribution of proceeds from the |
235 | excise tax on documents; reenacting s. 201.15, F.S.; |
236 | relating to distribution of taxes collected; providing an |
237 | effective date. |