Amendment
Bill No. 2514
Amendment No. 599529
CHAMBER ACTION
Senate House
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1Representative Kyle offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 201.15, Florida Statutes, is reenacted
6to read:
7     201.15  Distribution of taxes collected.--All taxes
8collected under this chapter shall be distributed as follows and
9shall be subject to the service charge imposed in s. 215.20(1),
10except that such service charge shall not be levied against any
11portion of taxes pledged to debt service on bonds to the extent
12that the amount of the service charge is required to pay any
13amounts relating to the bonds:
14     (1)  Sixty-two and sixty-three hundredths percent of the
15remaining taxes collected under this chapter shall be used for
16the following purposes:
17     (a)  Amounts as shall be necessary to pay the debt service
18on, or fund debt service reserve funds, rebate obligations, or
19other amounts payable with respect to Preservation 2000 bonds
20issued pursuant to s. 375.051 and Florida Forever bonds issued
21pursuant to s. 215.618, shall be paid into the State Treasury to
22the credit of the Land Acquisition Trust Fund to be used for
23such purposes. The amount transferred to the Land Acquisition
24Trust Fund for such purposes shall not exceed $300 million in
25fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
26and bonds issued to refund Preservation 2000 bonds, and $300
27million in fiscal year 2000-2001 and thereafter for Florida
28Forever bonds. The annual amount transferred to the Land
29Acquisition Trust Fund for Florida Forever bonds shall not
30exceed $30 million in the first fiscal year in which bonds are
31issued. The limitation on the amount transferred shall be
32increased by an additional $30 million in each subsequent fiscal
33year, but shall not exceed a total of $300 million in any fiscal
34year for all bonds issued. It is the intent of the Legislature
35that all bonds issued to fund the Florida Forever Act be retired
36by December 31, 2030. Except for bonds issued to refund
37previously issued bonds, no series of bonds may be issued
38pursuant to this paragraph unless such bonds are approved and
39the debt service for the remainder of the fiscal year in which
40the bonds are issued is specifically appropriated in the General
41Appropriations Act. For purposes of refunding Preservation 2000
42bonds, amounts designated within this section for Preservation
432000 and Florida Forever bonds may be transferred between the
44two programs to the extent provided for in the documents
45authorizing the issuance of the bonds. The Preservation 2000
46bonds and Florida Forever bonds shall be equally and ratably
47secured by moneys distributable to the Land Acquisition Trust
48Fund pursuant to this section, except to the extent specifically
49provided otherwise by the documents authorizing the issuance of
50the bonds. No moneys transferred to the Land Acquisition Trust
51Fund pursuant to this paragraph, or earnings thereon, shall be
52used or made available to pay debt service on the Save Our Coast
53revenue bonds.
54     (b)  The remainder of the moneys distributed under this
55subsection, after the required payment under paragraph (a),
56shall be paid into the State Treasury to the credit of the Save
57Our Everglades Trust Fund in amounts necessary to pay debt
58service, provide reserves, and pay rebate obligations and other
59amounts due with respect to bonds issued under s. 215.619.
60     (c)  The remainder of the moneys distributed under this
61subsection, after the required payments under paragraphs (a) and
62(b), shall be paid into the State Treasury to the credit of the
63Land Acquisition Trust Fund and may be used for any purpose for
64which funds deposited in the Land Acquisition Trust Fund may
65lawfully be used. Payments made under this paragraph shall
66continue until the cumulative amount credited to the Land
67Acquisition Trust Fund for the fiscal year under this paragraph
68and paragraph (2)(b) equals 70 percent of the current official
69forecast for distributions of taxes collected under this chapter
70pursuant to subsection (2). As used in this paragraph, the term
71"current official forecast" means the most recent forecast as
72determined by the Revenue Estimating Conference. If the current
73official forecast for a fiscal year changes after payments under
74this paragraph have ended during that fiscal year, no further
75payments are required under this paragraph during the fiscal
76year.
77     (d)  The remainder of the moneys distributed under this
78subsection, after the required payments under paragraphs (a),
79(b), and (c), shall be paid into the State Treasury to the
80credit of the General Revenue Fund of the state to be used and
81expended for the purposes for which the General Revenue Fund was
82created and exists by law or to the Ecosystem Management and
83Restoration Trust Fund or to the Marine Resources Conservation
84Trust Fund as provided in subsection (11).
85     (2)  Seven and fifty-six hundredths percent of the
86remaining taxes collected under this chapter shall be used for
87the following purposes:
88     (a)  Beginning in the month following the final payment for
89a fiscal year under paragraph (1)(c), available moneys shall be
90paid into the State Treasury to the credit of the General
91Revenue Fund of the state to be used and expended for the
92purposes for which the General Revenue Fund was created and
93exists by law or to the Ecosystem Management and Restoration
94Trust Fund or to the Marine Resources Conservation Trust Fund as
95provided in subsection (11). Payments made under this paragraph
96shall continue until the cumulative amount credited to the
97General Revenue Fund for the fiscal year under this paragraph
98equals the cumulative payments made under paragraph (1)(c) for
99the same fiscal year.
100     (b)  The remainder of the moneys distributed under this
101subsection shall be paid into the State Treasury to the credit
102of the Land Acquisition Trust Fund. Sums deposited in the fund
103pursuant to this subsection may be used for any purpose for
104which funds deposited in the Land Acquisition Trust Fund may
105lawfully be used.
106     (3)  One and ninety-four hundredths percent of the
107remaining taxes collected under this chapter shall be paid into
108the State Treasury to the credit of the Land Acquisition Trust
109Fund. Moneys deposited in the trust fund pursuant to this
110section shall be used for the following purposes:
111     (a)  Sixty percent of the moneys shall be used to acquire
112coastal lands or to pay debt service on bonds issued to acquire
113coastal lands; and
114     (b)  Forty percent of the moneys shall be used to develop
115and manage lands acquired with moneys from the Land Acquisition
116Trust Fund.
117     (4)  Four and two-tenths percent of the remaining taxes
118collected under this chapter shall be paid into the State
119Treasury to the credit of the Water Management Lands Trust Fund.
120Sums deposited in that fund may be used for any purpose
121authorized in s. 373.59.
122     (5)  Four and two-tenths percent of the remaining taxes
123collected under this chapter shall be paid into the State
124Treasury to the credit of the Conservation and Recreation Lands
125Trust Fund to carry out the purposes set forth in s. 259.032.
126Nine and one-half percent of the amount credited to the
127Conservation and Recreation Lands Trust Fund pursuant to this
128subsection shall be transferred to the State Game Trust Fund and
129used for land management activities.
130     (6)  Two and twenty-eight hundredths percent of the
131remaining taxes collected under this chapter shall be paid into
132the State Treasury to the credit of the Invasive Plant Control
133Trust Fund to carry out the purposes set forth in ss. 369.22 and
134369.252.
135     (7)  One-half of one percent of the remaining taxes
136collected under this chapter shall be paid into the State
137Treasury to the credit of the State Game Trust Fund to be used
138exclusively for the purpose of implementing the Lake Restoration
1392020 Program.
140     (8)  One-half of one percent of the remaining taxes
141collected under this chapter shall be paid into the State
142Treasury and divided equally to the credit of the Department of
143Environmental Protection Water Quality Assurance Trust Fund to
144address water quality impacts associated with nonagricultural
145nonpoint sources and to the credit of the Department of
146Agriculture and Consumer Services General Inspection Trust Fund
147to address water quality impacts associated with agricultural
148nonpoint sources, respectively. These funds shall be used for
149research, development, demonstration, and implementation of
150suitable best management practices or other measures used to
151achieve water quality standards in surface waters and water
152segments identified pursuant to ss. 303(d) of the Clean Water
153Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
154Implementation of best management practices and other measures
155may include cost-share grants, technical assistance,
156implementation tracking, and conservation leases or other
157agreements for water quality improvement. The Department of
158Environmental Protection and the Department of Agriculture and
159Consumer Services may adopt rules governing the distribution of
160funds for implementation of best management practices. The
161unobligated balance of funds received from the distribution of
162taxes collected under this chapter to address water quality
163impacts associated with nonagricultural nonpoint sources will be
164excluded when calculating the unobligated balance of the Water
165Quality Assurance Trust Fund as it relates to the determination
166of the applicable excise tax rate.
167     (9)  Seven and fifty-three hundredths percent of the
168remaining taxes collected under this chapter shall be paid into
169the State Treasury to the credit of the State Housing Trust Fund
170and shall be used as follows:
171     (a)  Half of that amount shall be used for the purposes for
172which the State Housing Trust Fund was created and exists by
173law.
174     (b)  Half of that amount shall be paid into the State
175Treasury to the credit of the Local Government Housing Trust
176Fund and shall be used for the purposes for which the Local
177Government Housing Trust Fund was created and exists by law.
178     (10)  Eight and sixty-six hundredths percent of the
179remaining taxes collected under this chapter shall be paid into
180the State Treasury to the credit of the State Housing Trust Fund
181and shall be used as follows:
182     (a)  Twelve and one-half percent of that amount shall be
183deposited into the State Housing Trust Fund and be expended by
184the Department of Community Affairs and by the Florida Housing
185Finance Corporation for the purposes for which the State Housing
186Trust Fund was created and exists by law.
187     (b)  Eighty-seven and one-half percent of that amount shall
188be distributed to the Local Government Housing Trust Fund and
189shall be used for the purposes for which the Local Government
190Housing Trust Fund was created and exists by law. Funds from
191this category may also be used to provide for state and local
192services 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
195Revenue Fund, $30 million shall be paid into the State Treasury
196to the credit of the Ecosystem Management and Restoration Trust
197Fund in fiscal year 2000-2001 and each fiscal year thereafter,
198to be used for the preservation and repair of the state's
199beaches as provided in ss. 161.091-161.212, and $2 million shall
200be paid into the State Treasury to the credit of the Marine
201Resources Conservation Trust Fund to be used for marine mammal
202care as provided in s. 370.0603(3).
203     (12)  The Department of Revenue may use the payments
204credited to trust funds pursuant to paragraphs (1)(c) and (2)(b)
205and subsections (3), (4), (5), (6), (7), (8), (9), and (10) to
206pay the costs of the collection and enforcement of the tax
207levied by this chapter. The percentage of such costs which may
208be assessed against a trust fund is a ratio, the numerator of
209which is payments credited to that trust fund under this section
210and the denominator of which is the sum of payments made under
211paragraphs (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
214Management Lands Trust Fund and the Conservation and Recreation
215Lands Trust Fund, pursuant to subsections (4) and (5), shall not
216be used for land acquisition, but may be used for preacquisition
217costs associated with land purchases. The Legislature intends
218that the Florida Forever program supplant the acquisition
219programs formerly authorized under ss. 259.032 and 373.59. Prior
220to the 2005 Regular Session of the Legislature, the Acquisition
221and Restoration Council shall review and make recommendations to
222the Legislature concerning the need to repeal this provision.
223Based on these recommendations, the Legislature shall review the
224need 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
227outstanding Conservation and Recreation Lands revenue bonds.
228     Section 2.  This act shall take effect July 1, 2005.
229
230
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
234An act relating to the distribution of proceeds from the
235excise tax on documents; reenacting s. 201.15, F.S.;
236relating to distribution of taxes collected; providing an
237effective date.


CODING: Words stricken are deletions; words underlined are additions.