Senate Bill sb1110c1

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    Florida Senate - 2005                           CS for SB 1110

    By the Committee on Government Efficiency Appropriations; and
    Senator Atwater




    593-2117-05

  1                      A bill to be entitled

  2         An act relating to the distribution of proceeds

  3         from the excise tax on documents; amending s.

  4         201.15, F.S.; revising monetary criteria for

  5         distributing portions of the tax to certain

  6         trust funds; requiring that proceeds of the tax

  7         in excess of specified amounts be deposited

  8         into the General Revenue Fund; providing for

  9         increased distributions to certain trust funds

10         under certain circumstances to provide for

11         payments on bonds; providing a limitation;

12         providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 201.15, Florida Statutes, is

17  amended to read:

18         201.15  Distribution of taxes collected.--All taxes

19  collected under this chapter shall be distributed as follows

20  and shall be subject to the service charge imposed in s.

21  215.20(1), except that such service charge shall not be levied

22  against any portion of taxes pledged to debt service on bonds

23  to the extent that the amount of the service charge is

24  required to pay any amounts relating to the bonds:

25         (1)  Sixty-two and sixty-three hundredths percent of

26  the remaining taxes collected under this chapter shall be used

27  for the following purposes:

28         (a)  Amounts as shall be necessary to pay the debt

29  service on, or fund debt service reserve funds, rebate

30  obligations, or other amounts payable with respect to

31  Preservation 2000 bonds issued pursuant to s. 375.051 and

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    Florida Senate - 2005                           CS for SB 1110
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 1  Florida Forever bonds issued pursuant to s. 215.618, shall be

 2  paid into the State Treasury to the credit of the Land

 3  Acquisition Trust Fund to be used for such purposes. The

 4  amount transferred to the Land Acquisition Trust Fund for such

 5  purposes shall not exceed $300 million in fiscal year

 6  1999-2000 and thereafter for Preservation 2000 bonds and bonds

 7  issued to refund Preservation 2000 bonds, and $300 million in

 8  fiscal year 2000-2001 and thereafter for Florida Forever

 9  bonds. The annual amount transferred to the Land Acquisition

10  Trust Fund for Florida Forever bonds shall not exceed $30

11  million in the first fiscal year in which bonds are issued.

12  The limitation on the amount transferred shall be increased by

13  an additional $30 million in each subsequent fiscal year, but

14  shall not exceed a total of $300 million in any fiscal year

15  for all bonds issued. It is the intent of the Legislature that

16  all bonds issued to fund the Florida Forever Act be retired by

17  December 31, 2030. Except for bonds issued to refund

18  previously issued bonds, no series of bonds may be issued

19  pursuant to this paragraph unless such bonds are approved and

20  the debt service for the remainder of the fiscal year in which

21  the bonds are issued is specifically appropriated in the

22  General Appropriations Act. For purposes of refunding

23  Preservation 2000 bonds, amounts designated within this

24  section for Preservation 2000 and Florida Forever bonds may be

25  transferred between the two programs to the extent provided

26  for in the documents authorizing the issuance of the bonds.

27  The Preservation 2000 bonds and Florida Forever bonds shall be

28  equally and ratably secured by moneys distributable to the

29  Land Acquisition Trust Fund pursuant to this section, except

30  to the extent specifically provided otherwise by the documents

31  authorizing the issuance of the bonds. No moneys transferred

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    Florida Senate - 2005                           CS for SB 1110
    593-2117-05




 1  to the Land Acquisition Trust Fund pursuant to this paragraph,

 2  or earnings thereon, shall be used or made available to pay

 3  debt service on the Save Our Coast revenue bonds.

 4         (b)  The remainder of the moneys distributed under this

 5  subsection, after the required payment under paragraph (a),

 6  shall be paid into the State Treasury to the credit of the

 7  Save Our Everglades Trust Fund in amounts necessary to pay

 8  debt service, provide reserves, and pay rebate obligations and

 9  other amounts due with respect to bonds issued under s.

10  215.619.

11         (c)  The remainder of the moneys distributed under this

12  subsection, after the required payments under paragraphs (a)

13  and (b), shall be paid into the State Treasury to the credit

14  of the Land Acquisition Trust Fund and may be used for any

15  purpose for which funds deposited in the Land Acquisition

16  Trust Fund may lawfully be used. Payments made under this

17  paragraph shall continue until the cumulative amount credited

18  to the Land Acquisition Trust Fund for the fiscal year under

19  this paragraph and paragraph (2)(b) equals 70 percent of the

20  current official forecast for distributions of taxes collected

21  under this chapter pursuant to subsection (2). As used in this

22  paragraph, the term "current official forecast" means the most

23  recent forecast as determined by the Revenue Estimating

24  Conference. If the current official forecast for a fiscal year

25  changes after payments under this paragraph have ended during

26  that fiscal year, no further payments are required under this

27  paragraph during the fiscal year.

28         (d)  The remainder of the moneys distributed under this

29  subsection, after the required payments under paragraphs (a),

30  (b), and (c), shall be paid into the State Treasury to the

31  credit of the General Revenue Fund of the state to be used and

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    Florida Senate - 2005                           CS for SB 1110
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 1  expended for the purposes for which the General Revenue Fund

 2  was created and exists by law or to the Ecosystem Management

 3  and Restoration Trust Fund or to the Marine Resources

 4  Conservation Trust Fund as provided in subsection (11).

 5         (2)  The lesser of seven and fifty-six hundredths

 6  percent of the remaining taxes collected under this chapter or

 7  $83.8 million in each fiscal year shall be used for the

 8  following purposes:

 9         (a)  Beginning in the month following the final payment

10  for a fiscal year under paragraph (1)(c), available moneys

11  shall be paid into the State Treasury to the credit of the

12  General Revenue Fund of the state to be used and expended for

13  the purposes for which the General Revenue Fund was created

14  and exists by law or to the Ecosystem Management and

15  Restoration Trust Fund or to the Marine Resources Conservation

16  Trust Fund as provided in subsection (11). Payments made under

17  this paragraph shall continue until the cumulative amount

18  credited to the General Revenue Fund for the fiscal year under

19  this paragraph equals the cumulative payments made under

20  paragraph (1)(c) for the same fiscal year.

21         (b)  The remainder of the moneys distributed under this

22  subsection shall be paid into the State Treasury to the credit

23  of the Land Acquisition Trust Fund. Sums deposited in the fund

24  pursuant to this subsection may be used for any purpose for

25  which funds deposited in the Land Acquisition Trust Fund may

26  lawfully be used.

27         (3)  The lesser of one and ninety-four hundredths

28  percent of the remaining taxes collected under this chapter or

29  $26 million in each fiscal year shall be paid into the State

30  Treasury to the credit of the Land Acquisition Trust Fund.

31  

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    Florida Senate - 2005                           CS for SB 1110
    593-2117-05




 1  Moneys deposited in the trust fund pursuant to this section

 2  shall be used for the following purposes:

 3         (a)  Sixty percent of the moneys shall be used to

 4  acquire coastal lands or to pay debt service on bonds issued

 5  to acquire coastal lands; and

 6         (b)  Forty percent of the moneys shall be used to

 7  develop and manage lands acquired with moneys from the Land

 8  Acquisition Trust Fund.

 9         (4)  The lesser of four and two-tenths percent of the

10  remaining taxes collected under this chapter or $60.5 million

11  in each fiscal year shall be paid into the State Treasury to

12  the credit of the Water Management Lands Trust Fund. Sums

13  deposited in that fund may be used for any purpose authorized

14  in s. 373.59.

15         (5)  Four and two-tenths percent of the remaining taxes

16  collected under this chapter shall be paid into the State

17  Treasury to the credit of the Conservation and Recreation

18  Lands Trust Fund to carry out the purposes set forth in s.

19  259.032. Nine and one-half percent of the amount credited to

20  the Conservation and Recreation Lands Trust Fund pursuant to

21  this subsection shall be transferred to the State Game Trust

22  Fund and used for land management activities.

23         (6)  The lesser of two and twenty-eight hundredths

24  percent of the remaining taxes collected under this chapter or

25  $36.1 million in each fiscal year shall be paid into the State

26  Treasury to the credit of the Invasive Plant Control Trust

27  Fund to carry out the purposes set forth in ss. 369.22 and

28  369.252.

29         (7)  The lesser of one-half of one percent of the

30  remaining taxes collected under this chapter or $9.3 million

31  in each fiscal year shall be paid into the State Treasury to

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    Florida Senate - 2005                           CS for SB 1110
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 1  the credit of the State Game Trust Fund to be used exclusively

 2  for the purpose of implementing the Lake Restoration 2020

 3  Program.

 4         (8)  One-half of one percent of the remaining taxes

 5  collected under this chapter shall be paid into the State

 6  Treasury and divided equally to the credit of the Department

 7  of Environmental Protection Water Quality Assurance Trust Fund

 8  to address water quality impacts associated with

 9  nonagricultural nonpoint sources and to the credit of the

10  Department of Agriculture and Consumer Services General

11  Inspection Trust Fund to address water quality impacts

12  associated with agricultural nonpoint sources, respectively.

13  These funds shall be used for research, development,

14  demonstration, and implementation of suitable best management

15  practices or other measures used to achieve water quality

16  standards in surface waters and water segments identified

17  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

18  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

19  management practices and other measures may include cost-share

20  grants, technical assistance, implementation tracking, and

21  conservation leases or other agreements for water quality

22  improvement. The Department of Environmental Protection and

23  the Department of Agriculture and Consumer Services may adopt

24  rules governing the distribution of funds for implementation

25  of best management practices. The unobligated balance of funds

26  received from the distribution of taxes collected under this

27  chapter to address water quality impacts associated with

28  nonagricultural nonpoint sources will be excluded when

29  calculating the unobligated balance of the Water Quality

30  Assurance Trust Fund as it relates to the determination of the

31  applicable excise tax rate.

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    Florida Senate - 2005                           CS for SB 1110
    593-2117-05




 1         (9)  Seven and fifty-three hundredths percent of the

 2  remaining taxes collected under this chapter shall be paid

 3  into the State Treasury to the credit of the State Housing

 4  Trust Fund and shall be used as follows:

 5         (a)  Half of that amount shall be used for the purposes

 6  for which the State Housing Trust Fund was created and exists

 7  by law.

 8         (b)  Half of that amount shall be paid into the State

 9  Treasury to the credit of the Local Government Housing Trust

10  Fund and shall be used for the purposes for which the Local

11  Government Housing Trust Fund was created and exists by law.

12         (10)  Eight and sixty-six hundredths percent of the

13  remaining taxes collected under this chapter shall be paid

14  into the State Treasury to the credit of the State Housing

15  Trust Fund and shall be used as follows:

16         (a)  Twelve and one-half percent of that amount shall

17  be deposited into the State Housing Trust Fund and be expended

18  by the Department of Community Affairs and by the Florida

19  Housing Finance Corporation for the purposes for which the

20  State Housing Trust Fund was created and exists by law.

21         (b)  Eighty-seven and one-half percent of that amount

22  shall be distributed to the Local Government Housing Trust

23  Fund and shall be used for the purposes for which the Local

24  Government Housing Trust Fund was created and exists by law.

25  Funds from this category may also be used to provide for state

26  and local services to assist the homeless.

27         (11)  From the moneys specified in paragraphs (1)(d)

28  and (2)(a) and prior to deposit of any moneys into the General

29  Revenue Fund, $30 million shall be paid into the State

30  Treasury to the credit of the Ecosystem Management and

31  Restoration Trust Fund in fiscal year 2000-2001 and each

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    Florida Senate - 2005                           CS for SB 1110
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 1  fiscal year thereafter, to be used for the preservation and

 2  repair of the state's beaches as provided in ss.

 3  161.091-161.212, and $2 million shall be paid into the State

 4  Treasury to the credit of the Marine Resources Conservation

 5  Trust Fund to be used for marine mammal care as provided in s.

 6  370.0603(3).

 7         (12)  The Department of Revenue may use the payments

 8  credited to trust funds pursuant to paragraphs (1)(c) and

 9  (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and

10  (10) to pay the costs of the collection and enforcement of the

11  tax levied by this chapter. The percentage of such costs which

12  may be assessed against a trust fund is a ratio, the numerator

13  of which is payments credited to that trust fund under this

14  section and the denominator of which is the sum of payments

15  made under paragraphs (1)(c) and (2)(b) and subsections (3),

16  (4), (5), (6), (7), (8), (9), and (10).

17         (13)  The distribution of proceeds deposited into the

18  Water Management Lands Trust Fund and the Conservation and

19  Recreation Lands Trust Fund, pursuant to subsections (4) and

20  (5), shall not be used for land acquisition, but may be used

21  for preacquisition costs associated with land purchases.  The

22  Legislature intends that the Florida Forever program supplant

23  the acquisition programs formerly authorized under ss. 259.032

24  and 373.59. Prior to the 2005 Regular Session of the

25  Legislature, the Acquisition and Restoration Council shall

26  review and make recommendations to the Legislature concerning

27  the need to repeal this provision.  Based on these

28  recommendations, the Legislature shall review the need to

29  repeal this provision during the 2005 Regular Session.

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    Florida Senate - 2005                           CS for SB 1110
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 1         (14)  Amounts distributed pursuant to subsections (5),

 2  (6), (7) and (8) are subject to the payment of debt service on

 3  outstanding Conservation and Recreation Lands revenue bonds.

 4         (15)  The remaining taxes collected under this chapter

 5  shall be paid into the State Treasury to the credit of the

 6  General Revenue Fund.

 7         (16)  If the payment requirements in any year for bonds

 8  outstanding on July 1, 2007, or bonds issued to refund such

 9  bonds, exceed the limitations of this section, distributions

10  to the trust fund from which the bond payments are made shall

11  be increased to the lesser of the amount needed to pay bond

12  obligations or the limit of the applicable percentage

13  distribution provided in subsections (1)-(12).

14         (17)  Distributions to the State Housing Trust Fund

15  pursuant to subsections (9) and (10) shall be sufficient to

16  cover amounts required to be transferred to the Florida

17  Affordable Housing Guarantee Program's annual debt service

18  reserve and guarantee fund pursuant to s. 420.5092(6)(a) and

19  (b) up to but not exceeding the amount required to be

20  transferred to such reserve and fund based on the percentage

21  distribution of documentary stamp tax revenues to the State

22  Housing Trust Fund which is in effect in the 2004-2005 fiscal

23  year.

24         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2005                           CS for SB 1110
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1110

 3                                 

 4  The committee substitute for SB 1110 makes the following
    changes:
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    1)   It changes the effective date of the bill to July 1,
 6       2007, and moves the applicable date for the bond savings
         provision back to July 1, 2007, as well;
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    2)   It removes limitations on distributions to the State
 8       Housing Trust Fund and to the Local Government Housing
         Trust Fund.
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