| 1 | A bill to be entitled |
| 2 | An act relating to the distribution of proceeds from the |
| 3 | excise tax on documents; amending s. 201.15, F.S.; |
| 4 | revising monetary criteria for distributing portions of |
| 5 | the tax to certain trust funds; revising authorization for |
| 6 | the Department of Revenue to use certain amounts for |
| 7 | certain purposes; requiring that proceeds of the tax in |
| 8 | excess of specified amounts be deposited into the General |
| 9 | Revenue Fund; providing for increased distributions to |
| 10 | certain trust funds under certain circumstances to provide |
| 11 | for payments on bonds; revising monetary criteria for |
| 12 | distributing portions of the tax to the State Housing |
| 13 | Trust Fund and the Local Government Housing Trust Fund for |
| 14 | purposes of preserving the rights of holders of affordable |
| 15 | housing guarantees; requiring distributions to the State |
| 16 | Housing Trust Fund to be sufficient for certain purposes; |
| 17 | providing a limitation; providing effective dates. |
| 18 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 21 | Section 1. Section 201.15, Florida Statutes, is amended to |
| 22 | read: |
| 23 | 201.15 Distribution of taxes collected.--All taxes |
| 24 | collected under this chapter shall be distributed as follows and |
| 25 | shall be subject to the service charge imposed in s. 215.20(1), |
| 26 | except that such service charge shall not be levied against any |
| 27 | portion of taxes pledged to debt service on bonds to the extent |
| 28 | that the amount of the service charge is required to pay any |
| 29 | amounts relating to the bonds: |
| 30 | (1) Sixty-two and sixty-three hundredths percent of the |
| 31 | remaining taxes collected under this chapter shall be used for |
| 32 | the following purposes: |
| 33 | (a) Amounts as shall be necessary to pay the debt service |
| 34 | on, or fund debt service reserve funds, rebate obligations, or |
| 35 | other amounts payable with respect to Preservation 2000 bonds |
| 36 | issued pursuant to s. 375.051 and Florida Forever bonds issued |
| 37 | pursuant to s. 215.618, shall be paid into the State Treasury to |
| 38 | the credit of the Land Acquisition Trust Fund to be used for |
| 39 | such purposes. The amount transferred to the Land Acquisition |
| 40 | Trust Fund for such purposes shall not exceed $300 million in |
| 41 | fiscal year 1999-2000 and thereafter for Preservation 2000 bonds |
| 42 | and bonds issued to refund Preservation 2000 bonds, and $300 |
| 43 | million in fiscal year 2000-2001 and thereafter for Florida |
| 44 | Forever bonds. The annual amount transferred to the Land |
| 45 | Acquisition Trust Fund for Florida Forever bonds shall not |
| 46 | exceed $30 million in the first fiscal year in which bonds are |
| 47 | issued. The limitation on the amount transferred shall be |
| 48 | increased by an additional $30 million in each subsequent fiscal |
| 49 | year, but shall not exceed a total of $300 million in any fiscal |
| 50 | year for all bonds issued. It is the intent of the Legislature |
| 51 | that all bonds issued to fund the Florida Forever Act be retired |
| 52 | by December 31, 2030. Except for bonds issued to refund |
| 53 | previously issued bonds, no series of bonds may be issued |
| 54 | pursuant to this paragraph unless such bonds are approved and |
| 55 | the debt service for the remainder of the fiscal year in which |
| 56 | the bonds are issued is specifically appropriated in the General |
| 57 | Appropriations Act. For purposes of refunding Preservation 2000 |
| 58 | bonds, amounts designated within this section for Preservation |
| 59 | 2000 and Florida Forever bonds may be transferred between the |
| 60 | two programs to the extent provided for in the documents |
| 61 | authorizing the issuance of the bonds. The Preservation 2000 |
| 62 | bonds and Florida Forever bonds shall be equally and ratably |
| 63 | secured by moneys distributable to the Land Acquisition Trust |
| 64 | Fund pursuant to this section, except to the extent specifically |
| 65 | provided otherwise by the documents authorizing the issuance of |
| 66 | the bonds. No moneys transferred to the Land Acquisition Trust |
| 67 | Fund pursuant to this paragraph, or earnings thereon, shall be |
| 68 | used or made available to pay debt service on the Save Our Coast |
| 69 | revenue bonds. |
| 70 | (b) The remainder of the moneys distributed under this |
| 71 | subsection, after the required payment under paragraph (a), |
| 72 | shall be paid into the State Treasury to the credit of the Save |
| 73 | Our Everglades Trust Fund in amounts necessary to pay debt |
| 74 | service, provide reserves, and pay rebate obligations and other |
| 75 | amounts due with respect to bonds issued under s. 215.619. |
| 76 | (c) The remainder of the moneys distributed under this |
| 77 | subsection, after the required payments under paragraphs (a) and |
| 78 | (b), shall be paid into the State Treasury to the credit of the |
| 79 | Land Acquisition Trust Fund and may be used for any purpose for |
| 80 | which funds deposited in the Land Acquisition Trust Fund may |
| 81 | lawfully be used. Payments made under this paragraph shall |
| 82 | continue until the cumulative amount credited to the Land |
| 83 | Acquisition Trust Fund for the fiscal year under this paragraph |
| 84 | and paragraph (2)(b) equals 70 percent of the current official |
| 85 | forecast for distributions of taxes collected under this chapter |
| 86 | pursuant to subsection (2). As used in this paragraph, the term |
| 87 | "current official forecast" means the most recent forecast as |
| 88 | determined by the Revenue Estimating Conference. If the current |
| 89 | official forecast for a fiscal year changes after payments under |
| 90 | this paragraph have ended during that fiscal year, no further |
| 91 | payments are required under this paragraph during the fiscal |
| 92 | year. |
| 93 | (d) The remainder of the moneys distributed under this |
| 94 | subsection, after the required payments under paragraphs (a), |
| 95 | (b), and (c), shall be paid into the State Treasury to the |
| 96 | credit of the General Revenue Fund of the state to be used and |
| 97 | expended for the purposes for which the General Revenue Fund was |
| 98 | created and exists by law or to the Ecosystem Management and |
| 99 | Restoration Trust Fund or to the Marine Resources Conservation |
| 100 | Trust Fund as provided in subsection (11). |
| 101 | (2) The lesser of seven and fifty-six hundredths percent |
| 102 | of the remaining taxes collected under this chapter or $84.9 |
| 103 | million shall be used for the following purposes: |
| 104 | (a) Beginning in the month following the final payment for |
| 105 | a fiscal year under paragraph (1)(c), available moneys shall be |
| 106 | paid into the State Treasury to the credit of the General |
| 107 | Revenue Fund of the state to be used and expended for the |
| 108 | purposes for which the General Revenue Fund was created and |
| 109 | exists by law or to the Ecosystem Management and Restoration |
| 110 | Trust Fund or to the Marine Resources Conservation Trust Fund as |
| 111 | provided in subsection (11). Payments made under this paragraph |
| 112 | shall continue until the cumulative amount credited to the |
| 113 | General Revenue Fund for the fiscal year under this paragraph |
| 114 | equals the cumulative payments made under paragraph (1)(c) for |
| 115 | the same fiscal year. |
| 116 | (b) The remainder of the moneys distributed under this |
| 117 | subsection shall be paid into the State Treasury to the credit |
| 118 | of the Land Acquisition Trust Fund. Sums deposited in the fund |
| 119 | pursuant to this subsection may be used for any purpose for |
| 120 | which funds deposited in the Land Acquisition Trust Fund may |
| 121 | lawfully be used. |
| 122 | (3) The lesser of one and ninety-four hundredths percent |
| 123 | of the remaining taxes collected under this chapter or $26 |
| 124 | million shall be paid into the State Treasury to the credit of |
| 125 | the Land Acquisition Trust Fund. Moneys deposited in the trust |
| 126 | fund pursuant to this section shall be used for the following |
| 127 | purposes: |
| 128 | (a) Sixty percent of the moneys shall be used to acquire |
| 129 | coastal lands or to pay debt service on bonds issued to acquire |
| 130 | coastal lands; and |
| 131 | (b) Forty percent of the moneys shall be used to develop |
| 132 | and manage lands acquired with moneys from the Land Acquisition |
| 133 | Trust Fund. |
| 134 | (4) The lesser of four and two-tenths percent of the |
| 135 | remaining taxes collected under this chapter or $60.2 million |
| 136 | shall be paid into the State Treasury to the credit of the Water |
| 137 | Management Lands Trust Fund. Sums deposited in that fund may be |
| 138 | used for any purpose authorized in s. 373.59. |
| 139 | (5) The lesser of four and two-tenths percent of the |
| 140 | remaining taxes collected under this chapter or $66.9 million |
| 141 | shall be paid into the State Treasury to the credit of the |
| 142 | Conservation and Recreation Lands Trust Fund to carry out the |
| 143 | purposes set forth in s. 259.032. The lesser of nine and one- |
| 144 | half percent of the amount credited to the Conservation and |
| 145 | Recreation Lands Trust Fund pursuant to this subsection or $5.9 |
| 146 | million shall be transferred to the State Game Trust Fund and |
| 147 | used for land management activities. |
| 148 | (6) The lesser of two and twenty-eight hundredths percent |
| 149 | of the remaining taxes collected under this chapter or $29.4 |
| 150 | million shall be paid into the State Treasury to the credit of |
| 151 | the Invasive Plant Control Trust Fund to carry out the purposes |
| 152 | set forth in ss. 369.22 and 369.252. |
| 153 | (7) The lesser of one-half of one percent of the remaining |
| 154 | taxes collected under this chapter or $7.4 million shall be paid |
| 155 | into the State Treasury to the credit of the State Game Trust |
| 156 | Fund to be used exclusively for the purpose of implementing the |
| 157 | Lake Restoration 2020 Program. |
| 158 | (8) The lesser of one-half of one percent of the remaining |
| 159 | taxes collected under this chapter or $7.4 million shall be paid |
| 160 | into the State Treasury and divided equally to the credit of the |
| 161 | Department of Environmental Protection Water Quality Assurance |
| 162 | Trust Fund to address water quality impacts associated with |
| 163 | nonagricultural nonpoint sources and to the credit of the |
| 164 | Department of Agriculture and Consumer Services General |
| 165 | Inspection Trust Fund to address water quality impacts |
| 166 | associated with agricultural nonpoint sources, respectively. |
| 167 | These funds shall be used for research, development, |
| 168 | demonstration, and implementation of suitable best management |
| 169 | practices or other measures used to achieve water quality |
| 170 | standards in surface waters and water segments identified |
| 171 | pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92- |
| 172 | 500, 33 U.S.C. s. 1313(d) ss. 1251 et seq. Implementation of |
| 173 | best management practices and other measures may include cost- |
| 174 | share grants, technical assistance, implementation tracking, and |
| 175 | conservation leases or other agreements for water quality |
| 176 | improvement. The Department of Environmental Protection and the |
| 177 | Department of Agriculture and Consumer Services may adopt rules |
| 178 | governing the distribution of funds for implementation of best |
| 179 | management practices. The unobligated balance of funds received |
| 180 | from the distribution of taxes collected under this chapter to |
| 181 | address water quality impacts associated with nonagricultural |
| 182 | nonpoint sources will be excluded when calculating the |
| 183 | unobligated balance of the Water Quality Assurance Trust Fund as |
| 184 | it relates to the determination of the applicable excise tax |
| 185 | rate. |
| 186 | (9) Seven and forty-five fifty-three hundredths percent of |
| 187 | the remaining taxes collected under this chapter shall be paid |
| 188 | into the State Treasury to the credit of the State Housing Trust |
| 189 | Fund and shall be used as follows: |
| 190 | (a) Half of that amount shall be used for the purposes for |
| 191 | which the State Housing Trust Fund was created and exists by |
| 192 | law. |
| 193 | (b) Half of that amount shall be paid into the State |
| 194 | Treasury to the credit of the Local Government Housing Trust |
| 195 | Fund and shall be used for the purposes for which the Local |
| 196 | Government Housing Trust Fund was created and exists by law. |
| 197 | (10) Eight and fifty-seven sixty-six hundredths percent of |
| 198 | the remaining taxes collected under this chapter shall be paid |
| 199 | into the State Treasury to the credit of the State Housing Trust |
| 200 | Fund and shall be used as follows: |
| 201 | (a) Twelve and one-half percent of that amount shall be |
| 202 | deposited into the State Housing Trust Fund and be expended by |
| 203 | the Department of Community Affairs and by the Florida Housing |
| 204 | Finance Corporation for the purposes for which the State Housing |
| 205 | Trust Fund was created and exists by law. |
| 206 | (b) Eighty-seven and one-half percent of that amount shall |
| 207 | be distributed to the Local Government Housing Trust Fund and |
| 208 | shall be used for the purposes for which the Local Government |
| 209 | Housing Trust Fund was created and exists by law. Funds from |
| 210 | this category may also be used to provide for state and local |
| 211 | services to assist the homeless. |
| 212 | (11) From the moneys specified in paragraphs (1)(d) and |
| 213 | (2)(a) and prior to deposit of any moneys into the General |
| 214 | Revenue Fund, $30 million shall be paid into the State Treasury |
| 215 | to the credit of the Ecosystem Management and Restoration Trust |
| 216 | Fund in fiscal year 2000-2001 and each fiscal year thereafter, |
| 217 | to be used for the preservation and repair of the state's |
| 218 | beaches as provided in ss. 161.091-161.212, and $2 million shall |
| 219 | be paid into the State Treasury to the credit of the Marine |
| 220 | Resources Conservation Trust Fund to be used for marine mammal |
| 221 | care as provided in s. 370.0603(3). |
| 222 | (12) The Department of Revenue may use $8.3 million of the |
| 223 | remaining taxes payments credited to trust funds pursuant to |
| 224 | paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6), |
| 225 | (7), (8), (9), and (10) to pay the costs of the collection and |
| 226 | enforcement of the tax levied by this chapter. The percentage of |
| 227 | such costs which may be assessed against a trust fund is a |
| 228 | ratio, the numerator of which is payments credited to that trust |
| 229 | fund under this section and the denominator of which is the sum |
| 230 | of payments made under paragraphs (1)(c) and (2)(b) and |
| 231 | subsections (3), (4), (5), (6), (7), (8), (9), and (10). |
| 232 | (13) The remaining taxes collected under this chapter |
| 233 | shall be paid into the State Treasury to the credit of the |
| 234 | General Revenue Fund. |
| 235 | (14) If the payment requirements in any year for bonds |
| 236 | outstanding on July 1, 2006, exceed the limitations of this |
| 237 | section, distributions to the trust fund from which the bond |
| 238 | payments are made shall be increased to the amount needed to pay |
| 239 | the bonds. |
| 240 | (15)(13) The distribution of proceeds deposited into the |
| 241 | Water Management Lands Trust Fund and the Conservation and |
| 242 | Recreation Lands Trust Fund, pursuant to subsections (4) and |
| 243 | (5), shall not be used for land acquisition, but may be used for |
| 244 | preacquisition costs associated with land purchases. The |
| 245 | Legislature intends that the Florida Forever program supplant |
| 246 | the acquisition programs formerly authorized under ss. 259.032 |
| 247 | and 373.59. Prior to the 2005 Regular Session of the |
| 248 | Legislature, the Acquisition and Restoration Council shall |
| 249 | review and make recommendations to the Legislature concerning |
| 250 | the need to repeal this provision. Based on these |
| 251 | recommendations, the Legislature shall review the need to repeal |
| 252 | this provision during the 2005 Regular Session. |
| 253 | (16)(14) Amounts distributed pursuant to subsections (5), |
| 254 | (6), (7) and (8) are subject to the payment of debt service on |
| 255 | outstanding Conservation and Recreation Lands revenue bonds. |
| 256 | Section 2. Effective July 1, 2006, subsections (9) and |
| 257 | (10) of section 201.15, Florida Statutes, as amended by this |
| 258 | act, are amended, and subsection (17) is added to said section, |
| 259 | to read: |
| 260 | 201.15 Distribution of taxes collected.--All taxes |
| 261 | collected under this chapter shall be distributed as follows and |
| 262 | shall be subject to the service charge imposed in s. 215.20(1), |
| 263 | except that such service charge shall not be levied against any |
| 264 | portion of taxes pledged to debt service on bonds to the extent |
| 265 | that the amount of the service charge is required to pay any |
| 266 | amounts relating to the bonds: |
| 267 | (9) The lesser of seven and fifty-three forty-five |
| 268 | hundredths percent of the remaining taxes collected under this |
| 269 | chapter or $85 million shall be paid into the State Treasury to |
| 270 | the credit of the State Housing Trust Fund and shall be used as |
| 271 | follows: |
| 272 | (a) Half of that amount shall be used for the purposes for |
| 273 | which the State Housing Trust Fund was created and exists by |
| 274 | law. |
| 275 | (b) Half of that amount shall be paid into the State |
| 276 | Treasury to the credit of the Local Government Housing Trust |
| 277 | Fund and shall be used for the purposes for which the Local |
| 278 | Government Housing Trust Fund was created and exists by law. |
| 279 | (10) The lesser of eight and sixty-six fifty-seven |
| 280 | hundredths percent of the remaining taxes collected under this |
| 281 | chapter or $108 million shall be paid into the State Treasury to |
| 282 | the credit of the State Housing Trust Fund and shall be used as |
| 283 | follows: |
| 284 | (a) Twelve and one-half percent of that amount shall be |
| 285 | deposited into the State Housing Trust Fund and be expended by |
| 286 | the Department of Community Affairs and by the Florida Housing |
| 287 | Finance Corporation for the purposes for which the State Housing |
| 288 | Trust Fund was created and exists by law. |
| 289 | (b) Eighty-seven and one-half percent of that amount shall |
| 290 | be distributed to the Local Government Housing Trust Fund and |
| 291 | shall be used for the purposes for which the Local Government |
| 292 | Housing Trust Fund was created and exists by law. Funds from |
| 293 | this category may also be used to provide for state and local |
| 294 | services to assist the homeless. |
| 295 | (17) Distributions to the State Housing Trust Fund |
| 296 | pursuant to subsections (9) and (10) shall be sufficient to |
| 297 | cover amounts required to be transferred to the Florida |
| 298 | Affordable Housing Guarantee Program's annual debt service |
| 299 | reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b) |
| 300 | up to but not exceeding the amount required to be transferred to |
| 301 | such reserve and fund prior to July 1, 2005. |
| 302 | Section 3. Except as otherwise provided herein, this act |
| 303 | shall take effect July 1, 2005. |