Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1750
Barcode 207118
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: AD/CR .
05/08/2009 12:35 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Conference Committee on CS for SB 1750 recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 201.15, Florida Statutes, as amended by
7 section 1 of chapter 2009-17, Laws of Florida, is amended to
8 read:
9 201.15 Distribution of taxes collected.—All taxes collected
10 under this chapter are subject to the service charge imposed in
11 s. 215.20(1). Prior to distribution under this section, the
12 Department of Revenue shall deduct amounts necessary to pay the
13 costs of the collection and enforcement of the tax levied by
14 this chapter. Such costs and the service charge may not be
15 levied against any portion of taxes pledged to debt service on
16 bonds to the extent that the costs and service charge are
17 required to pay any amounts relating to the bonds. After
18 distributions are made pursuant to subsection (1), all of the
19 costs of the collection and enforcement of the tax levied by
20 this chapter and the service charge shall be available and
21 transferred to the extent necessary to pay debt service and any
22 other amounts payable with respect to bonds authorized before
23 January 1, 2010, secured by revenues distributed pursuant to
24 subsection (1). All taxes remaining after deduction of costs and
25 the service charge shall be distributed as follows:
26 (1) Sixty-three and thirty-one hundredths percent of the
27 remaining taxes collected under this chapter shall be used for
28 the following purposes:
29 (a) Amounts necessary to pay the debt service on, or fund
30 debt service reserve funds, rebate obligations, or other amounts
31 payable with respect to Preservation 2000 bonds issued pursuant
32 to s. 375.051 and Florida Forever bonds issued pursuant to s.
33 215.618, shall be paid into the State Treasury to the credit of
34 the Land Acquisition Trust Fund to be used for such purposes.
35 The amount transferred to the Land Acquisition Trust Fund may
36 not exceed $300 million in fiscal year 1999-2000 and thereafter
37 for Preservation 2000 bonds and bonds issued to refund
38 Preservation 2000 bonds, and $300 million in fiscal year 2000
39 2001 and thereafter for Florida Forever bonds. The annual amount
40 transferred to the Land Acquisition Trust Fund for Florida
41 Forever bonds may not exceed $30 million in the first fiscal
42 year in which bonds are issued. The limitation on the amount
43 transferred shall be increased by an additional $30 million in
44 each subsequent fiscal year, but may not exceed a total of $300
45 million in any fiscal year for all bonds issued. It is the
46 intent of the Legislature that all bonds issued to fund the
47 Florida Forever Act be retired by December 31, 2040. Except for
48 bonds issued to refund previously issued bonds, no series of
49 bonds may be issued pursuant to this paragraph unless such bonds
50 are approved and the debt service for the remainder of the
51 fiscal year in which the bonds are issued is specifically
52 appropriated in the General Appropriations Act. For purposes of
53 refunding Preservation 2000 bonds, amounts designated within
54 this section for Preservation 2000 and Florida Forever bonds may
55 be transferred between the two programs to the extent provided
56 for in the documents authorizing the issuance of the bonds. The
57 Preservation 2000 bonds and Florida Forever bonds are shall be
58 equally and ratably secured by moneys distributable to the Land
59 Acquisition Trust Fund pursuant to this section, except as to
60 the extent specifically provided otherwise by the documents
61 authorizing the issuance of the bonds. No Moneys transferred to
62 the Land Acquisition Trust Fund pursuant to this paragraph, or
63 earnings thereon, may not shall be used or made available to pay
64 debt service on the Save Our Coast revenue bonds.
65 (b) Moneys shall be paid into the State Treasury to the
66 credit of the Save Our Everglades Trust Fund in amounts
67 necessary to pay debt service, provide reserves, and pay rebate
68 obligations and other amounts due with respect to bonds issued
69 under s. 215.619. Taxes distributed under paragraph (a) and this
70 paragraph must be collectively distributed on a pro rata basis
71 when the available moneys under this subsection are not
72 sufficient to cover the amounts required under paragraph (a) and
73 this paragraph.
74 (c) The remainder of the moneys distributed under this
75 subsection, After the required payments under paragraphs (a) and
76 (b), the remainder shall be paid into the State Treasury to the
77 credit of:
78 1. The State Transportation Trust Fund in the Department of
79 Transportation in the amount of the lesser of 38.2 percent of
80 the remainder or $541.75 million in each fiscal year, to be used
81 for the following specified purposes, notwithstanding any other
82 law to the contrary:
83 a. For the purposes of capital funding for the New Starts
84 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
85 specified in s. 341.051, 10 percent of these funds;
86 b. For the purposes of the Small County Outreach Program
87 specified in s. 339.2818, 5 percent of these funds;
88 c. For the purposes of the Strategic Intermodal System
89 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
90 of these funds after allocating for the New Starts Transit
91 Program described in sub-subparagraph a. and the Small County
92 Outreach Program described in sub-subparagraph b.; and
93 d. For the purposes of the Transportation Regional
94 Incentive Program specified in s. 339.2819, 25 percent of these
95 funds after allocating for the New Starts Transit Program
96 described in sub-subparagraph a. and the Small County Outreach
97 Program described in sub-subparagraph b.
98 2. The Water Protection and Sustainability Program Trust
99 Fund in the Department of Environmental Protection in the amount
100 of the lesser of 5.64 percent of the remainder or $80 million in
101 each fiscal year, to be used as required by s. 403.890.
102 2.3. The Grants and Donations Trust Fund in the Department
103 of Community Affairs in the amount of the lesser of .23 percent
104 of the remainder or $3.25 million in each fiscal year, with 92
105 percent to be used to fund technical assistance to local
106 governments and school boards on the requirements and
107 implementation of this act and the remaining amount to be used
108 to fund the Century Commission established in s. 163.3247.
109 3.4. The Ecosystem Management and Restoration Trust Fund in
110 the amount of the lesser of 2.12 percent of the remainder or $30
111 million in each fiscal year, to be used for the preservation and
112 repair of the state’s beaches as provided in ss. 161.091
113 161.212.
114 5. The Marine Resources Conservation Trust Fund in the
115 amount of the lesser of .14 percent of the remainder or $2
116 million in each fiscal year, to be used for marine mammal care
117 as provided in s. 379.208(3).
118 4.6. General Inspection Trust Fund in the amount of the
119 lesser of .02 percent of the remainder or $300,000 in each
120 fiscal year to be used to fund oyster management and restoration
121 programs as provided in s. 379.362(3).
122
123 Moneys distributed pursuant to this paragraph may not be pledged
124 for debt service unless such pledge is approved by referendum of
125 the voters.
126 (d) The remainder of the moneys distributed under this
127 subsection, After the required payments under paragraphs (a),
128 (b), and (c), the remainder shall be paid into the State
129 Treasury to the credit of the General Revenue Fund to be used
130 and expended for the purposes for which the General Revenue Fund
131 was created and exists by law.
132 (2) The lesser of 7.56 percent of the remaining taxes
133 collected under this chapter or $84.9 million in each fiscal
134 year shall be distributed as follows:
135 (a) Six million and three hundred thousand dollars shall be
136 paid into the State Treasury to the credit of the General
137 Revenue Fund.
138 (b) The remainder shall be paid into the State Treasury to
139 the credit of the Land Acquisition Trust Fund. Sums deposited in
140 the fund pursuant to this subsection may be used for any purpose
141 for which funds deposited in the Land Acquisition Trust Fund may
142 lawfully be used.
143 (3)(a) Through the 2008-2009 fiscal year, the lesser of
144 1.94 percent of the remaining taxes collected under this chapter
145 or $26 million in each fiscal year shall be paid into the State
146 Treasury to the credit of the Land Acquisition Trust Fund.
147 (b) Beginning with the 2009-2010 fiscal year, The lesser of
148 1.94 percent of the remaining taxes collected under this chapter
149 or $26 million in each fiscal year shall be distributed in the
150 following order:
151 1. Amounts necessary to pay debt service or to fund debt
152 service reserve funds, rebate obligations, or other amounts
153 payable with respect to bonds issued before February 1, 2009,
154 pursuant to this subsection shall be paid into the State
155 Treasury to the credit of the Land Acquisition Trust Fund.
156 2. Eleven million dollars shall be paid into the State
157 Treasury to the credit of the General Revenue Fund.
158 3. The remainder shall be paid into the State Treasury to
159 the credit of the Land Acquisition Trust Fund.
160 (b)(c) Moneys deposited in the Land Acquisition Trust Fund
161 pursuant to this subsection shall be used to acquire coastal
162 lands or to pay debt service on bonds issued to acquire coastal
163 lands and to develop and manage lands acquired with moneys from
164 the trust fund.
165 (4) The lesser of 4.2 percent of the remaining taxes
166 collected under this chapter or $60.5 million in each fiscal
167 year shall be paid into the State Treasury to the credit of the
168 Water Management Lands Trust Fund. Sums deposited in that fund
169 may be used for any purpose authorized in s. 373.59.
170 (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the
171 remaining taxes collected under this chapter shall be paid into
172 the State Treasury to the credit of the Conservation and
173 Recreation Lands Trust Fund to carry out the purposes set forth
174 in s. 259.032. Ten and five-hundredths percent of the amount
175 credited to the Conservation and Recreation Lands Trust Fund
176 pursuant to this subsection shall be transferred to the State
177 Game Trust Fund and used for land management activities.
178 (b) Beginning July 1, 2008, 3.52 percent Of the remaining
179 taxes, 3.52 percent collected under this chapter shall be paid
180 into the State Treasury to the credit of the Conservation and
181 Recreation Lands Trust Fund to carry out the purposes set forth
182 in s. 259.032. Eleven and fifteen hundredths percent of the
183 amount credited to the Conservation and Recreation Lands Trust
184 Fund pursuant to this subsection shall be transferred to the
185 State Game Trust Fund and used for land management activities.
186 (6) The lesser of 2.28 percent of the remaining taxes
187 collected under this chapter or $34.1 million in each fiscal
188 year shall be paid into the State Treasury to the credit of the
189 Invasive Plant Control Trust Fund to carry out the purposes set
190 forth in ss. 369.22 and 369.252.
191 (7) The lesser of .5 percent of the remaining taxes
192 collected under this chapter or $9.3 million in each fiscal year
193 shall be paid into the State Treasury to the credit of the State
194 Game Trust Fund to be used exclusively for the purpose of
195 implementing the Lake Restoration 2020 Program.
196 (8) One-half of one percent of the remaining taxes
197 collected under this chapter shall be paid into the State
198 Treasury and divided equally to the credit of the Department of
199 Environmental Protection Water Quality Assurance Trust Fund to
200 address water quality impacts associated with nonagricultural
201 nonpoint sources and to the credit of the Department of
202 Agriculture and Consumer Services General Inspection Trust Fund
203 to address water quality impacts associated with agricultural
204 nonpoint sources, respectively. These funds shall be used for
205 research, development, demonstration, and implementation of
206 suitable best management practices or other measures used to
207 achieve water quality standards in surface waters and water
208 segments identified pursuant to ss. 303(d) of the Clean Water
209 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
210 Implementation of best management practices and other measures
211 may include cost-share grants, technical assistance,
212 implementation tracking, and conservation leases or other
213 agreements for water quality improvement. The Department of
214 Environmental Protection and the Department of Agriculture and
215 Consumer Services may adopt rules governing the distribution of
216 funds for implementation of best management practices. The
217 unobligated balance of funds received from the distribution of
218 taxes collected under this chapter to address water quality
219 impacts associated with nonagricultural nonpoint sources must
220 will be excluded when calculating the unobligated balance of the
221 Water Quality Assurance Trust Fund as it relates to the
222 determination of the applicable excise tax rate.
223 (9) The lesser of 7.53 percent of the remaining taxes
224 collected under this chapter or $107 million in each fiscal year
225 shall be paid into the State Treasury to the credit of the State
226 Housing Trust Fund and shall be used as follows:
227 (a) Half of that amount shall be used for the purposes for
228 which the State Housing Trust Fund was created and exists by
229 law.
230 (b) Half of that amount shall be paid into the State
231 Treasury to the credit of the Local Government Housing Trust
232 Fund and shall be used for the purposes for which the Local
233 Government Housing Trust Fund was created and exists by law.
234 (10) The lesser of 8.66 percent of the remaining taxes
235 collected under this chapter or $136 million in each fiscal year
236 shall be paid into the State Treasury to the credit of the State
237 Housing Trust Fund and shall be used as follows:
238 (a) Twelve and one-half percent of that amount shall be
239 deposited into the State Housing Trust Fund and be expended by
240 the Department of Community Affairs and by the Florida Housing
241 Finance Corporation for the purposes for which the State Housing
242 Trust Fund was created and exists by law.
243 (b) Eighty-seven and one-half percent of that amount shall
244 be distributed to the Local Government Housing Trust Fund and
245 shall be used for the purposes for which the Local Government
246 Housing Trust Fund was created and exists by law. Funds from
247 this category may also be used to provide for state and local
248 services to assist the homeless.
249 (11) The distribution of proceeds deposited into the Water
250 Management Lands Trust Fund and the Conservation and Recreation
251 Lands Trust Fund, pursuant to subsections (4) and (5), may not
252 be used for land acquisition but may be used for preacquisition
253 costs associated with land purchases. The Legislature intends
254 that the Florida Forever program supplant the acquisition
255 programs formerly authorized under ss. 259.032 and 373.59.
256 (12) Amounts distributed pursuant to subsections (5), (6),
257 (7), and (8) are subject to the payment of debt service on
258 outstanding Conservation and Recreation Lands revenue bonds.
259 (13) Beginning July 1, 2008, In each fiscal year that the
260 remaining taxes collected under this chapter exceed collections
261 in the prior fiscal year, the stated maximum dollar amounts
262 provided in subsections (2), (4), (6), (7), (9), and (10) shall
263 each be increased by an amount equal to 10 percent of the
264 increase in the remaining taxes collected under this chapter
265 multiplied by the applicable percentage provided in those
266 subsections.
267 (14) If the payment requirements in any year for bonds
268 outstanding on July 1, 2007, or bonds issued to refund such
269 bonds, exceed the limitations of this section, distributions to
270 the trust fund from which the bond payments are made must shall
271 be increased to the lesser of the amount needed to pay bond
272 obligations or the limit of the applicable percentage
273 distribution provided in subsections (1)-(10).
274 (15) Distributions to the State Housing Trust Fund pursuant
275 to subsections (9) and (10) must shall be sufficient to cover
276 amounts required to be transferred to the Florida Affordable
277 Housing Guarantee Program’s annual debt service reserve and
278 guarantee fund pursuant to s. 420.5092(6)(a) and (b) up to but
279 not exceeding the amount required to be transferred to such
280 reserve and fund based on the percentage distribution of
281 documentary stamp tax revenues to the State Housing Trust Fund
282 which is in effect in the 2004-2005 fiscal year.
283 (16) If amounts necessary to pay debt service or any other
284 amounts payable with respect to Preservation 2000 bonds, Florida
285 Forever bonds, or Everglades Restoration bonds authorized before
286 January 1, 2010, exceed the amounts distributable pursuant to
287 subsection (1), all moneys distributable pursuant to this
288 section are available for such obligations and transferred in
289 the amounts necessary to pay such obligations when due. However,
290 amounts distributable pursuant to subsection (2), subsection
291 (3), subsection (4), subsection (5), paragraph (9)(a), or
292 paragraph (10)(a) are not available to pay such obligations to
293 the extent that such moneys are necessary to pay debt service on
294 bonds secured by revenues pursuant to those provisions.
295 (17)(16) The remaining taxes collected under this chapter,
296 After the distributions provided in the preceding subsections,
297 any remaining taxes shall be paid into the State Treasury to the
298 credit of the General Revenue Fund.
299 Section 2. Paragraph (d) of subsection (6) of section
300 212.20, Florida Statutes, is amended to read:
301 212.20 Funds collected, disposition; additional powers of
302 department; operational expense; refund of taxes adjudicated
303 unconstitutionally collected.—
304 (6) Distribution of all proceeds under this chapter and s.
305 202.18(1)(b) and (2)(b) shall be as follows:
306 (d) The proceeds of all other taxes and fees imposed
307 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
308 and (2)(b) shall be distributed as follows:
309 1. In any fiscal year, the greater of $500 million, minus
310 an amount equal to 4.6 percent of the proceeds of the taxes
311 collected pursuant to chapter 201, or 5.2 5 percent of all other
312 taxes and fees imposed pursuant to this chapter or remitted
313 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
314 monthly installments into the General Revenue Fund.
315 2. Two-tenths of one percent shall be transferred to the
316 Ecosystem Management and Restoration Trust Fund to be used for
317 water quality improvement and water restoration projects.
318 2.3. After the distribution under subparagraph
319 subparagraphs 1. and 2., 8.814 percent of the amount remitted by
320 a sales tax dealer located within a participating county
321 pursuant to s. 218.61 shall be transferred into the Local
322 Government Half-cent Sales Tax Clearing Trust Fund. Beginning
323 July 1, 2003, the amount to be transferred pursuant to this
324 subparagraph to the Local Government Half-cent Sales Tax
325 Clearing Trust Fund shall be reduced by 0.1 percent, and the
326 department shall distribute this amount to the Public Employees
327 Relations Commission Trust Fund less $5,000 each month, which
328 shall be added to the amount calculated in subparagraph 3. 4.
329 and distributed accordingly.
330 3.4. After the distribution under subparagraphs 1.and, 2.,
331 and 3., 0.095 percent shall be transferred to the Local
332 Government Half-cent Sales Tax Clearing Trust Fund and
333 distributed pursuant to s. 218.65.
334 4.5. After the distributions under subparagraphs 1., 2.,
335 and 3., and 4., 2.0440 percent of the available proceeds
336 pursuant to this paragraph shall be transferred monthly to the
337 Revenue Sharing Trust Fund for Counties pursuant to s. 218.215.
338 5.6. After the distributions under subparagraphs 1., 2.,
339 and 3., and 4., 1.3409 percent of the available proceeds
340 pursuant to this paragraph shall be transferred monthly to the
341 Revenue Sharing Trust Fund for Municipalities pursuant to s.
342 218.215. If the total revenue to be distributed pursuant to this
343 subparagraph is at least as great as the amount due from the
344 Revenue Sharing Trust Fund for Municipalities and the former
345 Municipal Financial Assistance Trust Fund in state fiscal year
346 1999-2000, no municipality shall receive less than the amount
347 due from the Revenue Sharing Trust Fund for Municipalities and
348 the former Municipal Financial Assistance Trust Fund in state
349 fiscal year 1999-2000. If the total proceeds to be distributed
350 are less than the amount received in combination from the
351 Revenue Sharing Trust Fund for Municipalities and the former
352 Municipal Financial Assistance Trust Fund in state fiscal year
353 1999-2000, each municipality shall receive an amount
354 proportionate to the amount it was due in state fiscal year
355 1999-2000.
356 6.7. Of the remaining proceeds:
357 a. In each fiscal year, the sum of $29,915,500 shall be
358 divided into as many equal parts as there are counties in the
359 state, and one part shall be distributed to each county. The
360 distribution among the several counties must shall begin each
361 fiscal year on or before January 5th and shall continue monthly
362 for a total of 4 months. If a local or special law required that
363 any moneys accruing to a county in fiscal year 1999-2000 under
364 the then-existing provisions of s. 550.135 be paid directly to
365 the district school board, special district, or a municipal
366 government, such payment must shall continue until such time
367 that the local or special law is amended or repealed. The state
368 covenants with holders of bonds or other instruments of
369 indebtedness issued by local governments, special districts, or
370 district school boards before prior to July 1, 2000, that it is
371 not the intent of this subparagraph to adversely affect the
372 rights of those holders or relieve local governments, special
373 districts, or district school boards of the duty to meet their
374 obligations as a result of previous pledges or assignments or
375 trusts entered into which obligated funds received from the
376 distribution to county governments under then-existing s.
377 550.135. This distribution specifically is in lieu of funds
378 distributed under s. 550.135 before prior to July 1, 2000.
379 b. The department shall distribute $166,667 monthly
380 pursuant to s. 288.1162 to each applicant that has been
381 certified as a “facility for a new professional sports
382 franchise” or a “facility for a retained professional sports
383 franchise” pursuant to s. 288.1162. Up to $41,667 shall be
384 distributed monthly by the department to each applicant that has
385 been certified as a “facility for a retained spring training
386 franchise” pursuant to s. 288.1162; however, not more than
387 $416,670 may be distributed monthly in the aggregate to all
388 certified facilities for a retained spring training franchise.
389 Distributions must shall begin 60 days following such
390 certification and shall continue for not more than 30 years.
391 Nothing contained in This paragraph may not shall be construed
392 to allow an applicant certified pursuant to s. 288.1162 to
393 receive more in distributions than actually expended by the
394 applicant for the public purposes provided for in s.
395 288.1162(6).
396 c. Beginning 30 days after notice by the Office of Tourism,
397 Trade, and Economic Development to the Department of Revenue
398 that an applicant has been certified as the professional golf
399 hall of fame pursuant to s. 288.1168 and is open to the public,
400 $166,667 shall be distributed monthly, for up to 300 months, to
401 the applicant.
402 d. Beginning 30 days after notice by the Office of Tourism,
403 Trade, and Economic Development to the Department of Revenue
404 that the applicant has been certified as the International Game
405 Fish Association World Center facility pursuant to s. 288.1169,
406 and the facility is open to the public, $83,333 shall be
407 distributed monthly, for up to 168 months, to the applicant.
408 This distribution is subject to reduction pursuant to s.
409 288.1169. A lump sum payment of $999,996 shall be made, after
410 certification and before July 1, 2000.
411 7.8. All other proceeds must shall remain in with the
412 General Revenue Fund.
413 Section 3. Paragraph (a) of subsections (1) and subsection
414 (14) of section 376.3071, Florida Statutes, are amended to read:
415 376.3071 Inland Protection Trust Fund; creation; purposes;
416 funding.—
417 (1) FINDINGS.—In addition to the legislative findings set
418 forth in s. 376.30, the Legislature finds and declares:
419 (a) That significant quantities of petroleum and petroleum
420 products are being stored in underground storage systems in this
421 state, which storage is a hazardous undertaking.
422 (14) LEGISLATIVE APPROVAL AND AUTHORIZATION.—Prior to the
423 department entering into a service contract with the Inland
424 Protection Financing Corporation which includes payments by the
425 department to support any existing or planned note, bond,
426 certificate of indebtedness, or other obligation or evidence of
427 indebtedness of the corporation pursuant to s. 376.3075, the
428 Legislature, by law, must specifically approve the cleanup
429 project to be financed and must authorize the department to
430 enter into such a contract. The corporation may issue bonds in
431 an amount not to exceed $104 million, with a term up to 15
432 years, and annual payments not in excess of $10.4 million. The
433 department may enter into a service contract in conjunction with
434 the issuance of such bonds which provides for annual payments
435 for debt service payments or other amounts payable with respect
436 to bonds, plus any administrative expenses of the corporation to
437 finance the rehabilitation of petroleum contamination sites
438 pursuant to ss. 376.30-376.317.
439 Section 4. Section 376.3075, Florida Statutes, is amended
440 to read:
441 376.3075 Inland Protection Financing Corporation.—
442 (1) There is hereby created a nonprofit public benefit
443 corporation to be known as the “Inland Protection Financing
444 Corporation” for the purpose of financing the rehabilitation of
445 petroleum contamination sites pursuant to ss. 376.30-376.317 and
446 the payment, purchase, and settlement of reimbursement
447 obligations of the department pursuant to s. 376.3071(12),
448 existing as of December 31, 1996. Such reimbursement obligations
449 are referred to in this section as existing reimbursement
450 obligations. The corporation shall terminate on July 1, 2025.
451 (2) The corporation shall be governed by a board of
452 directors consisting of the Governor or the Governor’s designee,
453 the Chief Financial Officer or the Chief Financial Officer’s
454 designee, the Attorney General or the Attorney General’s
455 designee the chair of the Florida Black Business Investment
456 Board, and the Secretary of the Department of Environmental
457 Protection. The executive director of the State Board of
458 Administration shall be the chief executive officer of the
459 corporation and shall direct and supervise the administrative
460 affairs of the corporation and shall control, direct, and
461 supervise the operation of the corporation. The corporation
462 shall also have such other officers as may be determined by the
463 board of directors.
464 (3) The corporation shall have all the powers of a
465 corporate body under the laws of the state to the extent not
466 inconsistent with or restricted by the provisions of this
467 section, including, but not limited to, the power to:
468 (a) Adopt, amend, and repeal bylaws not inconsistent with
469 this section.
470 (b) Sue and be sued.
471 (c) Adopt and use a common seal.
472 (d) Acquire, purchase, hold, lease, and convey such real
473 and personal property as may be proper or expedient to carry out
474 the purposes of the corporation and this section, and to sell,
475 lease, or otherwise dispose of such property.
476 (e) Elect or appoint and employ such officers, agents, and
477 employees as the corporation deems advisable to operate and
478 manage the affairs of the corporation, which officers, agents,
479 and employees may be officers or employees of the department and
480 the state agencies represented on the board of directors of the
481 corporation.
482 (f)1. Borrow money and issue notes, bonds, certificates of
483 indebtedness, or other obligations or evidences of indebtedness
484 necessary to finance the rehabilitation of petroleum
485 contamination sites pursuant to ss. 376.30-376.317 pay the
486 backlog or to reimburse moneys from the Inland Protection Trust
487 Fund used pursuant to subsection (6) and to pay for large-scale
488 cleanups, such as ports, airports, and terminal facilities,
489 which are eligible for state funding.
490 2. No action shall be taken pursuant to this paragraph,
491 consistent with subsection (5), or to s. 376.3071(14) prior to
492 the Inland Protection Financing Corporation submitting a
493 detailed financing plan to the Governor, the President of the
494 Senate, and the Speaker of the House of Representatives. The
495 plan must address the need for action to be taken pursuant to
496 this paragraph to protect the health, safety, and welfare of the
497 people of the state; the ability of the corporation to limit the
498 impact on the Inland Protection Trust Fund of all outstanding
499 notes, bonds, certificates of indebtedness, or other obligations
500 or evidences of indebtedness to less than $10 million in any
501 state fiscal year; and the ability of the corporation to limit
502 its total outstanding debt to no more than $100 million.
503 (g) Make and execute any and all contracts, trust
504 agreements, and other instruments and agreements necessary or
505 convenient to accomplish the purposes of the corporation and
506 this section.
507 (h) Select, retain, and employ professionals, contractors,
508 or agents, which may include the Florida State Board of
509 Administration’s Division of Bond Finance, as shall be necessary
510 or convenient to enable or assist the corporation in carrying
511 out the purposes of the corporation and this section.
512 (i) Do any act or thing necessary or convenient to carry
513 out the purposes of the corporation and this section and the
514 powers provided in this section.
515 (4) The corporation may is authorized to enter into one or
516 more service contracts with the department pursuant to which the
517 corporation shall provide services to the department in
518 connection with financing the functions and activities provided
519 for in ss. 376.30-376.317. The department may enter into one or
520 more such service contracts with the corporation and to provide
521 for payments under such contracts pursuant to s. 376.3071(4)(o),
522 subject to annual appropriation by the Legislature. The proceeds
523 from such service contracts may be used for the corporation’s
524 administrative costs and expenses of administration of the
525 corporation after payments as set forth in subsection (5). Each
526 service contract may have a term of up to 20 years shall have a
527 term not to exceed 10 years and shall terminate no later than
528 July 1, 2025. The aggregate amount payable from the Inland
529 Protection Trust Fund under all such service contracts shall not
530 exceed $65 million in any state fiscal year. Amounts annually
531 appropriated and applied to make payments under such service
532 contracts may shall not include any funds derived from penalties
533 or other payments received from any property owner or private
534 party, including payments received under from s. 376.3071(6)(b).
535 In compliance with provisions of s. 287.0641 and other
536 applicable provisions of law, the obligations of the department
537 under such service contracts do shall not constitute a general
538 obligation of the state or a pledge of the faith and credit or
539 taxing power of the state nor may shall such obligations be
540 construed in any manner as an obligation of the State Board of
541 Administration or entities for which it invests funds, other
542 than the department as provided in this section, but are shall
543 be payable solely from amounts available in the Inland
544 Protection Trust Fund, subject to annual appropriation. In
545 compliance with this subsection and s. 287.0582, the service
546 contract must shall expressly include the following statement:
547 “The State of Florida’s performance and obligation to pay under
548 this contract is contingent upon an annual appropriation by the
549 Legislature.”
550 (5) The corporation may issue and incur notes, bonds,
551 certificates of indebtedness, or other obligations or evidences
552 of indebtedness payable from and secured by amounts payable to
553 the corporation by the department under a service contract
554 entered into pursuant to subsection (4) for the purpose of
555 financing the rehabilitation of petroleum contamination sites
556 pursuant to ss. 376.30-376.317 paying, purchasing, or settling
557 existing reimbursement obligations. The term of any such note,
558 bond, certificate of indebtedness, or other obligation or
559 evidence of indebtedness may shall not have a financing term
560 that exceeds 15 6 years, nor shall the total payments for
561 principal and interest on any such note, bond, certificate of
562 indebtedness, or other obligation or evidence of indebtedness
563 exceed the original amount of approved reimbursement claims to
564 be paid, purchased, or settled by the corporation by more than
565 $50 million. The corporation may select its financing team and
566 issue its obligations through competitive bidding or negotiated
567 contracts, whichever is most cost-effective. Any such
568 indebtedness of the corporation does shall not constitute a debt
569 or obligation of the state or a pledge of the faith and credit
570 or taxing power of the state, but is shall be payable from and
571 secured by payments made by the department under the service
572 contract pursuant to s. 376.3071(4)(o).
573 (6) Upon the issuance of debt obligations by the
574 corporation pursuant to subsection (5) for the payment,
575 purchase, or settlement of existing reimbursement obligations,
576 amounts on deposit in the Inland Protection Trust Fund shall not
577 be available for the payment, purchase, or settlement of
578 existing reimbursement obligations to the extent proceeds of
579 such debt obligations are available for the payment of such
580 existing reimbursement obligations. If, after the initial
581 issuance of debt obligations pursuant to subsection (5), amounts
582 on deposit in the Inland Protection Trust Fund are used to pay
583 existing reimbursement obligations, the corporation shall
584 reimburse the Inland Protection Trust Fund for such payments
585 from available proceeds of debt obligations issued pursuant to
586 subsection (5). Payment, purchase, or settlement by the
587 corporation of existing reimbursement obligations otherwise
588 payable pursuant to s. 376.3071(12) shall satisfy the obligation
589 of the department to make such payments. Any such existing
590 reimbursement obligations purchased by the corporation shall be
591 satisfied and extinguished upon purchase by the corporation.
592 (7) The corporation shall pay, purchase, or settle existing
593 reimbursement obligations as determined by the department. The
594 department shall implement the repayment priorities and method
595 and amount of payments pursuant to s. 376.3071(12). However, any
596 claims for reimbursement pursuant to s. 376.3071(12) that the
597 corporation is unable to pay because of the limitations
598 contained in subsection (5) shall be paid by the department from
599 the receipts of the Inland Protection Trust Fund.
600 (6)(8) The fulfillment of the purposes of the corporation
601 promotes the health, safety, and general welfare of the people
602 of the state and serves as essential governmental functions and
603 a paramount public purpose.
604 (7)(9) The corporation is exempt from taxation and
605 assessments of any nature whatsoever upon its income and any
606 property, assets, or revenues acquired, received, or used in the
607 furtherance of the purposes provided in this chapter. The
608 obligations of the corporation incurred pursuant to subsection
609 (5) and the interest and income thereon and all security
610 agreements, letters of credit, liquidity facilities, or other
611 obligations or instruments arising out of, entered into in
612 connection therewith, or given to secure payment thereof are
613 exempt from all taxation, provided such exemption does not apply
614 to any tax imposed by chapter 220 on the interest, income, or
615 profits on debt obligations owned by corporations.
616 (8)(10) The corporation may shall validate obligations to
617 be incurred pursuant to subsection (5) and the validity and
618 enforceability of any service contracts providing for payments
619 pledged to the payment thereof by proceedings under chapter 75.
620 The validation complaint shall be filed only in the Circuit
621 Court for Leon County. The notice required to be published by s.
622 75.06 must shall be published in Leon County, and the complaint
623 and order of the circuit court shall be served only on the State
624 Attorney for the Second Judicial Circuit. Sections 75.04(2) and
625 75.06(2) do shall not apply to a complaint for validation filed
626 under as authorized in this subsection. The validation of at
627 least the first obligations incurred pursuant to subsection (5)
628 shall be appealed to the Supreme Court, to be handled on an
629 expedited basis.
630 (9)(11) The corporation is shall not be deemed to be a
631 special district for the purposes of chapter 189 or a unit of
632 local government for the purposes of part III of chapter 218.
633 The provisions of chapters 120 and 215, except the limitation on
634 interest rates provided by s. 215.84 which applies to
635 obligations of the corporation issued pursuant to this section,
636 and part I of chapter 287, except ss. 287.0582 and 287.0641, do
637 shall not apply to this section, the corporation created hereby,
638 the service contracts entered into pursuant to this section, or
639 to debt obligations issued by the corporation as contemplated in
640 this section.
641 (10)(12) In no event shall any of The benefits or earnings
642 of the corporation may not inure to the benefit of any private
643 person.
644 (11)(13) Upon dissolution of the corporation, title to all
645 property owned by the corporation shall revert to the state.
646 (12)(14) The corporation may contract with the State Board
647 of Administration to serve as trustee with respect to debt
648 obligations issued by the corporation as contemplated by this
649 section and to hold, administer, and invest proceeds of such
650 debt obligations and other funds of the corporation and to
651 perform other services required by the corporation. The state
652 board of Administration may perform such services and may
653 contract with others to provide all or a part of such services
654 and to recover its and such other costs and expenses thereof.
655 Section 5. Paragraph (a) of subsection (5) of section
656 11.45, Florida Statutes, is amended to read:
657 11.45 Definitions; duties; authorities; reports; rules.—
658 (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
659 (a) The Legislative Auditing Committee shall direct the
660 Auditor General to make an audit of any municipality whenever
661 petitioned to do so by at least 20 percent of the registered
662 electors in the last general election of that municipality
663 pursuant to this subsection. The supervisor of elections of the
664 county in which the municipality is located shall certify
665 whether or not the petition contains the signatures of at least
666 20 percent of the registered electors of the municipality. After
667 the completion of the audit, the Auditor General shall determine
668 whether the municipality has the fiscal resources necessary to
669 pay the cost of the audit. The municipality shall pay the cost
670 of the audit within 90 days after the Auditor General’s
671 determination that the municipality has the available resources.
672 If the municipality fails to pay the cost of the audit, the
673 Department of Revenue shall, upon certification of the Auditor
674 General, withhold from that portion of the distribution pursuant
675 to s. 212.20(6)(d)5. s. 212.20(6)(d)6. which is distributable to
676 such municipality, a sum sufficient to pay the cost of the audit
677 and shall deposit that sum into the General Revenue Fund of the
678 state.
679 Section 6. Paragraph (b) of subsection (2) of section
680 202.18, Florida Statutes, is amended to read:
681 202.18 Allocation and disposition of tax proceeds.—The
682 proceeds of the communications services taxes remitted under
683 this chapter shall be treated as follows:
684 (2) The proceeds of the taxes remitted under s.
685 202.12(1)(b) shall be divided as follows:
686 (b) Sixty-three percent of the remainder shall be allocated
687 to the state and distributed pursuant to s. 212.20(6), except
688 that the proceeds allocated pursuant to s. 212.20(6)(d)2. s.
689 212.20(6)(d)3. shall be prorated to the participating counties
690 in the same proportion as that month’s collection of the taxes
691 and fees imposed pursuant to chapter 212 and paragraph (1)(b).
692 Section 7. Subsection (3) of section 218.245, Florida
693 Statutes, is amended to read:
694 218.245 Revenue sharing; apportionment.—
695 (3) Revenues attributed to the increase in distribution to
696 the Revenue Sharing Trust Fund for Municipalities pursuant to s.
697 212.20(6)(d)5. s. 212.20(6)(d)6. from 1.0715 percent to 1.3409
698 percent provided in chapter 2003-402, Laws of Florida, shall be
699 distributed to each eligible municipality and any unit of local
700 government that which is consolidated as provided by s. 9, Art.
701 VIII of the State Constitution of 1885, as preserved by s. 6(e),
702 Art. VIII, 1968 revised constitution, as follows: each eligible
703 local government’s allocation shall be based on the amount it
704 received from the half-cent sales tax under s. 218.61 in the
705 prior state fiscal year divided by the total receipts under s.
706 218.61 in the prior state fiscal year for all eligible local
707 governments.; provided, However, for the purpose of calculating
708 this distribution, the amount received from the half-cent sales
709 tax under s. 218.61 in the prior state fiscal year by a unit of
710 local government which is consolidated as provided by s. 9, Art.
711 VIII of the State Constitution of 1885, as amended, and as
712 preserved by s. 6(e), Art. VIII, of the Constitution as revised
713 in 1968, shall be reduced by 50 percent for such local
714 government and for the total receipts. For eligible
715 municipalities that began participating in the allocation of
716 half-cent sales tax under s. 218.61 in the previous state fiscal
717 year, their annual receipts shall be calculated by dividing
718 their actual receipts by the number of months they participated,
719 and the result multiplied by 12.
720 Section 8. Subsections (5), (6), and (7) of section 218.65,
721 Florida Statutes, are amended to read:
722 218.65 Emergency distribution.—
723 (5) At the beginning of each fiscal year, the Department of
724 Revenue shall calculate a base allocation for each eligible
725 county equal to the difference between the current per capita
726 limitation times the county’s population, minus prior year
727 ordinary distributions to the county pursuant to ss.
728 212.20(6)(d)2. 212.20(6)(d)3., 218.61, and 218.62. If moneys
729 deposited into the Local Government Half-cent Sales Tax Clearing
730 Trust Fund pursuant to s. 212.20(6)(d)3. s. 212.20(6)(d)4.,
731 excluding moneys appropriated for supplemental distributions
732 pursuant to subsection (8), for the current year are less than
733 or equal to the sum of the base allocations, each eligible
734 county shall receive a share of the appropriated amount
735 proportional to its base allocation. If the deposited amount
736 exceeds the sum of the base allocations, each county shall
737 receive its base allocation, and the excess appropriated amount,
738 less any amounts distributed under subsection (6), shall be
739 distributed equally on a per capita basis among the eligible
740 counties.
741 (6) If moneys deposited in the Local Government Half-cent
742 Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(d)3. s.
743 212.20(6)(d)4. exceed the amount necessary to provide the base
744 allocation to each eligible county, the moneys in the trust fund
745 may be used to provide a transitional distribution, as specified
746 in this subsection, to certain counties whose population has
747 increased. The transitional distribution shall be made available
748 to each county that qualified for a distribution under
749 subsection (2) in the prior year but does not, because of the
750 requirements of paragraph (2)(a), qualify for a distribution in
751 the current year. Beginning on July 1 of the year following the
752 year in which the county no longer qualifies for a distribution
753 under subsection (2), the county shall receive two-thirds of the
754 amount received in the prior year, and beginning July 1 of the
755 second year following the year in which the county no longer
756 qualifies for a distribution under subsection (2), the county
757 shall receive one-third of the amount it received in the last
758 year it qualified for the distribution under subsection (2). If
759 insufficient moneys are available in the Local Government Half
760 cent Sales Tax Clearing Trust Fund to fully provide such a
761 transitional distribution to each county that meets the
762 eligibility criteria in this section, each eligible county shall
763 receive a share of the available moneys proportional to the
764 amount it would have received had moneys been sufficient to
765 fully provide such a transitional distribution to each eligible
766 county.
767 (7) There is hereby annually appropriated from the Local
768 Government Half-cent Sales Tax Clearing Trust Fund the
769 distribution provided in s. 212.20(6)(d)3. s. 212.20(6)(d)4. to
770 be used for emergency and supplemental distributions pursuant to
771 this section.
772 Section 9. Subsection (6) of section 288.1169, Florida
773 Statutes, is amended to read:
774 288.1169 International Game Fish Association World Center
775 facility.—
776 (6) The Department of Commerce must recertify every 10
777 years that the facility is open, that the International Game
778 Fish Association World Center continues to be the only
779 international administrative headquarters, fishing museum, and
780 Hall of Fame in the United States recognized by the
781 International Game Fish Association, and that the project is
782 meeting the minimum projections for attendance or sales tax
783 revenues as required at the time of original certification. If
784 the facility is not recertified during this 10-year review as
785 meeting the minimum projections, then funding shall will be
786 abated until certification criteria are met. If the project
787 fails to generate $1 million of annual revenues pursuant to
788 paragraph (2)(e), the distribution of revenues pursuant to s.
789 212.02(6)(d)6.d. s. 212.20(6)(d)7.d. shall be reduced to an
790 amount equal to $83,333 multiplied by a fraction, the numerator
791 of which is the actual revenues generated and the denominator of
792 which is $1 million. Such reduction remains shall remain in
793 effect until revenues generated by the project in a 12-month
794 period equal or exceed $1 million.
795 Section 10. Section 23 of chapter 2008-150, Laws of
796 Florida, is repealed.
797 Section 11. (1) The Lake Okeechobee Protection Trust Fund
798 within the Department of Environmental Protection, FLAIR number
799 37-2-890, is terminated.
800 (2) All current balances remaining in and all revenues of,
801 the trust fund shall be transferred to the General Revenue Fund.
802 (3) The Department of Environmental Protection shall pay
803 any outstanding debts and obligations of the terminated fund as
804 soon as practicable, and the Chief Financial Officer shall close
805 out and remove the terminated fund from the various state
806 accounting systems using generally accepted accounting
807 principles concerning warrants outstanding, assets, and
808 liabilities.
809 Section 12. Section 373.45952, Florida Statutes, is
810 repealed.
811 Section 13. This act shall take effect July 1, 2009.
812
813 ================= T I T L E A M E N D M E N T ================
814 And the title is amended as follows:
815 Delete everything before the enacting clause
816 and insert:
817 A bill to be entitled
818 An act relating to the disposition of tax revenues;
819 amending s. 201.15, F.S.; authorizing the use of
820 specified proceeds from the excise tax on documents
821 for certain debt service obligations; removing
822 provisions authorizing the distribution of specified
823 amounts of the proceeds from the excise tax on
824 documents to the Water Protection and Sustainability
825 Program Trust Fund within the Department of
826 Environmental Protection and the Marine Resources
827 Conservation Trust Fund within the Fish and Wildlife
828 Conservation Commission; providing for the
829 distribution of a specified amount of the proceeds
830 from the excise tax on documents to the General
831 Revenue Fund; removing an obsolete provision;
832 authorizing the use of proceeds from the excise tax on
833 documents for specified debt service obligations under
834 certain conditions; amending s. 212.20, F.S.; removing
835 provisions authorizing the distribution of specified
836 amounts of the proceeds from the tax on sales, use,
837 and other transactions and the communications services
838 tax to the Ecosystem Management and Restoration Trust
839 Fund within the Department of Environmental Protection
840 and increasing the distribution to the General Revenue
841 Fund; providing for the disposition of balances in and
842 revenues of the trust fund; prescribing procedures for
843 the termination of the trust fund; amending s.
844 376.3071, F.S.; authorizing the Inland Protection
845 Financing Corporation to issue bonds; authorizing the
846 Department of Environmental Protection to enter into
847 service contracts in conjunction with the issuance of
848 such bonds; amending s. 376.3075, F.S.; revising
849 provisions relation to the Inland Protection Financing
850 Corporation; deleting the termination date for the
851 corporation; revising the members of the corporation’s
852 board of directors; expressly providing that the
853 corporation is authorized to finance the
854 rehabilitation of petroleum contamination sites;
855 revising certain limitations on notes, bonds, or other
856 obligations or evidence of indebtedness issued by the
857 corporation; deleting provisions relating to the
858 submission of a financial plan; increasing the terms
859 of service contracts; deleting a limitation on the
860 amount of such contracts; deleting certain limitations
861 on the payment of existing reimbursement obligations;
862 amending s. 11.45, 202.18, 218.245, 218.65, and
863 288.1169, F.S.; conforming cross-references; repealing
864 s. 23 of ch. 2008-150, L.O.F., relating to the
865 Department of Environmental Protection’s authority to
866 issue certain Class I landfill permits; terminating
867 the Lake Okeechobee Protection Trust Fund; repealing
868 s. 373.45952, F.S., relating to the Lake Okeechobee
869 Protection Trust Fund; providing an effective date.