Senate Bill sb1110c2

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    Florida Senate - 2005                    CS for CS for SB 1110

    By the Committees on Ways and Means; Government Efficiency
    Appropriations; and Senator Atwater




    576-2234-05

  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; revising monetary criteria

12         for distributing portions of the tax to the

13         State Housing Trust Fund and the Local

14         Government Housing Trust Fund for purposes of

15         preserving the rights of holders of affordable

16         housing guarantees; requiring distributions to

17         the State Housing Trust Fund to be sufficient

18         for certain purposes; providing direction on

19         the recurring impact; making appropriations;

20         providing a limitation; providing an effective

21         date.

22  

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

24  

25         Section 1.  Section 201.15, Florida Statutes, is

26  amended to read:

27         201.15  Distribution of taxes collected.--All taxes

28  collected under this chapter shall be distributed as follows

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

30  215.20(1), except that such service charge shall not be levied

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

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  to the extent that the amount of the service charge is

 2  required to pay any amounts relating to the bonds:

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

 4  the remaining taxes collected under this chapter shall be used

 5  for the following purposes:

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

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

 8  obligations, or other amounts payable with respect to

 9  Preservation 2000 bonds issued pursuant to s. 375.051 and

10  Florida Forever bonds issued pursuant to s. 215.618, shall be

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

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

13  amount transferred to the Land Acquisition Trust Fund for such

14  purposes shall not exceed $300 million in fiscal year

15  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

17  fiscal year 2000-2001 and thereafter for Florida Forever

18  bonds. The annual amount transferred to the Land Acquisition

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

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

21  The limitation on the amount transferred shall be increased by

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

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

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

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

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

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

28  pursuant to this paragraph unless such bonds are approved and

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

30  the bonds are issued is specifically appropriated in the

31  General Appropriations Act. For purposes of refunding

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  Preservation 2000 bonds, amounts designated within this

 2  section for Preservation 2000 and Florida Forever bonds may be

 3  transferred between the two programs to the extent provided

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

 5  The Preservation 2000 bonds and Florida Forever bonds shall be

 6  equally and ratably secured by moneys distributable to the

 7  Land Acquisition Trust Fund pursuant to this section, except

 8  to the extent specifically provided otherwise by the documents

 9  authorizing the issuance of the bonds. No moneys transferred

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

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

12  debt service on the Save Our Coast revenue bonds.

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

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

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

16  Save Our Everglades Trust Fund in amounts necessary to pay

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

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

19  215.619.

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

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

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

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

24  purpose for which funds deposited in the Land Acquisition

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

26  paragraph shall continue until the cumulative amount credited

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

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

29  current official forecast for distributions of taxes collected

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

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

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  recent forecast as determined by the Revenue Estimating

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

 3  changes after payments under this paragraph have ended during

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

 5  paragraph during the fiscal year.

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

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

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

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

10  expended for the purposes for which the General Revenue Fund

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

12  and Restoration Trust Fund or to the Marine Resources

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

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

15  percent of the remaining taxes collected under this chapter or

16  $84.9 million in each fiscal year shall be used for the

17  following purposes:

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

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

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

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

22  the purposes for which the General Revenue Fund was created

23  and exists by law or to the Ecosystem Management and

24  Restoration Trust Fund or to the Marine Resources Conservation

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

26  this paragraph shall continue until the cumulative amount

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

28  this paragraph equals the cumulative payments made under

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

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

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

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  of the Land Acquisition Trust Fund. Sums deposited in the fund

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

 3  which funds deposited in the Land Acquisition Trust Fund may

 4  lawfully be used.

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

 6  percent of the remaining taxes collected under this chapter or

 7  $26 million in each fiscal year shall be paid into the State

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

 9  Moneys deposited in the trust fund pursuant to this section

10  shall be used for the following purposes:

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

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

13  to acquire coastal lands; and

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

15  develop and manage lands acquired with moneys from the Land

16  Acquisition Trust Fund.

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

18  remaining taxes collected under this chapter or $60.5 million

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

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

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

22  in s. 373.59.

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

24  collected under this chapter shall be paid into the State

25  Treasury to the credit of the Conservation and Recreation

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

27  259.032. Nine and one-half percent of the amount credited to

28  the Conservation and Recreation Lands Trust Fund pursuant to

29  this subsection shall be transferred to the State Game Trust

30  Fund and used for land management activities.

31  

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1         (6)  The lesser of two and twenty-eight hundredths

 2  percent of the remaining taxes collected under this chapter or

 3  $36.1 million in each fiscal year shall be paid into the State

 4  Treasury to the credit of the Invasive Plant Control Trust

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

 6  369.252.

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

 8  remaining taxes collected under this chapter or $9.3 million

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

10  the credit of the State Game Trust Fund to be used exclusively

11  for the purpose of implementing the Lake Restoration 2020

12  Program.

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

14  collected under this chapter shall be paid into the State

15  Treasury and divided equally to the credit of the Department

16  of Environmental Protection Water Quality Assurance Trust Fund

17  to address water quality impacts associated with

18  nonagricultural nonpoint sources and to the credit of the

19  Department of Agriculture and Consumer Services General

20  Inspection Trust Fund to address water quality impacts

21  associated with agricultural nonpoint sources, respectively.

22  These funds shall be used for research, development,

23  demonstration, and implementation of suitable best management

24  practices or other measures used to achieve water quality

25  standards in surface waters and water segments identified

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

27  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

28  management practices and other measures may include cost-share

29  grants, technical assistance, implementation tracking, and

30  conservation leases or other agreements for water quality

31  improvement. The Department of Environmental Protection and

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  the Department of Agriculture and Consumer Services may adopt

 2  rules governing the distribution of funds for implementation

 3  of best management practices. The unobligated balance of funds

 4  received from the distribution of taxes collected under this

 5  chapter to address water quality impacts associated with

 6  nonagricultural nonpoint sources will be excluded when

 7  calculating the unobligated balance of the Water Quality

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

 9  applicable excise tax rate.

10         (9)  The lesser of seven and fifty-three hundredths

11  percent of the remaining taxes collected under this chapter or

12  $107 million in each fiscal year shall be paid into the State

13  Treasury to the credit of the State Housing Trust Fund and

14  shall be used as follows:

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

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

17  by law.

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

19  Treasury to the credit of the Local Government Housing Trust

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

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

22         (10)  The lessor of eight and sixty-six hundredths

23  percent of the remaining taxes collected under this chapter or

24  $136 million in each fiscal year shall be paid into the State

25  Treasury to the credit of the State Housing Trust Fund and

26  shall be used as follows:

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

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

29  by the Department of Community Affairs and by the Florida

30  Housing Finance Corporation for the purposes for which the

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

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1         (b)  Eighty-seven and one-half percent of that amount

 2  shall be distributed to the Local Government Housing Trust

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

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

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

 6  and local services to assist the homeless.

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

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

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

10  Treasury to the credit of the Ecosystem Management and

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

12  fiscal year thereafter, to be used for the preservation and

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

14  161.091-161.212, and $2 million shall be paid into the State

15  Treasury to the credit of the Marine Resources Conservation

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

17  370.0603(3).

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

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

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

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

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

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

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

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

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

27  (4), (5), (6), (7), (8), (9), and (10).

28         (13)  The distribution of proceeds deposited into the

29  Water Management Lands Trust Fund and the Conservation and

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

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

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  for preacquisition costs associated with land purchases.  The

 2  Legislature intends that the Florida Forever program supplant

 3  the acquisition programs formerly authorized under ss. 259.032

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

 5  Legislature, the Acquisition and Restoration Council shall

 6  review and make recommendations to the Legislature concerning

 7  the need to repeal this provision.  Based on these

 8  recommendations, the Legislature shall review the need to

 9  repeal this provision during the 2005 Regular Session.

10         (14)  Amounts distributed pursuant to subsections (5),

11  (6), (7) and (8) are subject to the payment of debt service on

12  outstanding Conservation and Recreation Lands revenue bonds.

13         (15)  Beginning July 1, 2008, in each fiscal year that

14  the remaining taxes collected under this chapter exceed such

15  collections in the prior fiscal year, the stated maximum

16  dollar amounts provided in subsections (2), (4), (6), (7),

17  (9), and (10) shall each be increased by an amount equal to 10

18  percent of the increase in the remaining taxes collected under

19  this chapter multiplied by the applicable percentage provided

20  in those subsections.

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

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

23  bonds, exceed the limitations of this section, distributions

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

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

26  obligations or the limit of the applicable percentage

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

28         (17)  Distributions to the State Housing Trust Fund

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

30  cover amounts required to be transferred to the Florida

31  Affordable Housing Guarantee Program's annual debt service

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    Florida Senate - 2005                    CS for CS for SB 1110
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 1  reserve and guarantee fund pursuant to s. 420.5092(6)(a) and

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

 3  transferred to such reserve and fund based on the percentage

 4  distribution of documentary stamp tax revenues to the State

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

 6  year.

 7         (18)  The remaining taxes collected under this chapter,

 8  after the distributions provided in the preceding subsections,

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

10  General Revenue Fund.

11         Section 2.  For the purposes of sections 216.134 and

12  216.136, Florida Statutes, the recurring impact of this act

13  shall first be recognized in the 2007-2008 fiscal year.

14         Section 3.  Effective July 1, 2005, there is

15  appropriated for fiscal year 2005-2006 to the Florida Housing

16  Finance Corporation $175,500,000 from the Local Government

17  Housing Trust Fund and $74,500,000 from the State Housing

18  Trust Fund for the purpose of providing funds to eligible

19  entities for affordable housing recovery efforts as

20  recommended by the Hurricane Housing Work Group.

21         Section 4.  Except as otherwise expressly provided in

22  this act, this act shall take effect July 1, 2007.

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

 3                                 

 4  The committee substitute for committee substitute for SB 1110
    makes the following changes:
 5  
    -    Increases the cap on the distribution to the Land
 6       Acquisition Trust Fund from $83.8 million to $84.9
         million.
 7  
    -    Caps the distributions to the State Housing Trust Fund at
 8       $107 million and the Local Government Housing Trust Fund
         at $136 million .
 9  
    -    Includes a growth factor (about 10 percent of any annual
10       growth) which will increase the cap for each fund based
         on growth in documentary stamp collections beginning July
11       1, 2008.

12  -    Provides that the recurring impact of the bill will first
         be recognized in FY 2007-08.
13  
    -    Appropriates $250 million to fund the recommendations of
14       the Hurricane Housing Workgroup.

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