| 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. |