Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2430 & SB 1960
Barcode 218970
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2009 .
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The Policy and Steering Committee on Ways and Means (Baker and
Lawson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 336 and 337
4 insert:
5 Section 10. Pursuant to s. 201.15(1)(a), Florida Statutes,
6 the issuance of $50 million of Florida Forever bonds is
7 authorized, in addition to any previously authorized bonds. For
8 the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated
9 from the Land Acquisition Trust Fund to the Department of
10 Environmental Protection for debt service on the new bonds. The
11 proceeds of such bonds shall be distributed in accordance with
12 s. 259.105(3), Florida Statutes. The Department of Environmental
13 Protection and the agencies receiving such bond proceeds are
14 appropriated budget authority necessary to transfer and expend
15 the respective amounts of the distributed bond proceeds.
16 Section 11. (1) Pursuant to s. 215.619(1), Florida
17 Statutes, the issuance of $50 million of Save Our Everglades
18 bonds is authorized, in addition to any previously authorized
19 bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is
20 appropriated from the Save Our Everglades Trust Fund to the
21 Department of Environmental Protection for debt service on the
22 new bonds.
23 (2) The sum of $47 million is appropriated from the Save
24 Our Everglades Trust Fund to the Department of Environmental
25 Protection for the design and construction of Comprehensive
26 Everglades Restoration Plan components, Lake Okeechobee
27 Protection Plan components, and Caloosahatchee and St. Lucie
28 River Watershed Protection Plan components, and for the
29 acquisition of lands needed for restoration. The sum of $3
30 million is appropriated from the Save Our Everglades Trust Fund
31 to the Department of Environmental Protection for transfer to
32 the Department of Agriculture and Consumer Services into the
33 General Inspection Trust Fund to fund activities authorized in
34 subsection (3).
35 (3) The sum of $3 million is appropriated from the General
36 Inspections Trust Fund to the Department of Agriculture and
37 Consumer Services for the purpose of implementing agricultural
38 nonpoint source controls in the Okeechobee, Caloosahatchee, and
39 St. Lucie River watersheds.
40 Section 12. Section 201.15, Florida Statutes, as amended by
41 section 1 of chapter 2009-17, Laws of Florida, is amended to
42 read:
43 201.15 Distribution of taxes collected.—All taxes collected
44 under this chapter are subject to the service charge imposed in
45 s. 215.20(1). Prior to distribution under this section, the
46 Department of Revenue shall deduct amounts necessary to pay the
47 costs of the collection and enforcement of the tax levied by
48 this chapter. Such costs and the service charge may not be
49 levied against any portion of taxes pledged to debt service on
50 bonds to the extent that the costs and service charge are
51 required to pay any amounts relating to the bonds. After
52 distributions are made pursuant to subsection (1), all of the
53 costs of the collection and enforcement of the tax levied by
54 this chapter and the service charge shall be available and
55 transferred to the extent necessary to pay debt service and any
56 other amounts payable with respect to bonds authorized before
57 January 1, 2010, secured by revenues distributed pursuant to
58 subsection (1). All taxes remaining after deduction of costs and
59 the service charge shall be distributed as follows:
60 (1) Sixty-three and thirty-one hundredths percent of the
61 remaining taxes collected under this chapter shall be used for
62 the following purposes:
63 (a) Amounts necessary to pay the debt service on, or fund
64 debt service reserve funds, rebate obligations, or other amounts
65 payable with respect to Preservation 2000 bonds issued pursuant
66 to s. 375.051 and Florida Forever bonds issued pursuant to s.
67 215.618, shall be paid into the State Treasury to the credit of
68 the Land Acquisition Trust Fund to be used for such purposes.
69 The amount transferred to the Land Acquisition Trust Fund may
70 not exceed $300 million in fiscal year 1999-2000 and thereafter
71 for Preservation 2000 bonds and bonds issued to refund
72 Preservation 2000 bonds, and $300 million in fiscal year 2000
73 2001 and thereafter for Florida Forever bonds. The annual amount
74 transferred to the Land Acquisition Trust Fund for Florida
75 Forever bonds may not exceed $30 million in the first fiscal
76 year in which bonds are issued. The limitation on the amount
77 transferred shall be increased by an additional $30 million in
78 each subsequent fiscal year, but may not exceed a total of $300
79 million in any fiscal year for all bonds issued. It is the
80 intent of the Legislature that all bonds issued to fund the
81 Florida Forever Act be retired by December 31, 2040. Except for
82 bonds issued to refund previously issued bonds, no series of
83 bonds may be issued pursuant to this paragraph unless such bonds
84 are approved and the debt service for the remainder of the
85 fiscal year in which the bonds are issued is specifically
86 appropriated in the General Appropriations Act. For purposes of
87 refunding Preservation 2000 bonds, amounts designated within
88 this section for Preservation 2000 and Florida Forever bonds may
89 be transferred between the two programs to the extent provided
90 for in the documents authorizing the issuance of the bonds. The
91 Preservation 2000 bonds and Florida Forever bonds shall be
92 equally and ratably secured by moneys distributable to the Land
93 Acquisition Trust Fund pursuant to this section, except to the
94 extent specifically provided otherwise by the documents
95 authorizing the issuance of the bonds. No moneys transferred to
96 the Land Acquisition Trust Fund pursuant to this paragraph, or
97 earnings thereon, shall be used or made available to pay debt
98 service on the Save Our Coast revenue bonds.
99 (b) Moneys shall be paid into the State Treasury to the
100 credit of the Save Our Everglades Trust Fund in amounts
101 necessary to pay debt service, provide reserves, and pay rebate
102 obligations and other amounts due with respect to bonds issued
103 under s. 215.619. Taxes distributed under paragraph (a) and this
104 paragraph must be collectively distributed on a pro rata basis
105 when the available moneys under this subsection are not
106 sufficient to cover the amounts required under paragraph (a) and
107 this paragraph.
108 (c) The remainder of the moneys distributed under this
109 subsection, after the required payments under paragraphs (a) and
110 (b), shall be paid into the State Treasury to the credit of:
111 1. The State Transportation Trust Fund in the Department of
112 Transportation in the amount of the lesser of 38.2 percent of
113 the remainder or $541.75 million in each fiscal year, to be used
114 for the following specified purposes, notwithstanding any other
115 law to the contrary:
116 a. For the purposes of capital funding for the New Starts
117 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
118 specified in s. 341.051, 10 percent of these funds;
119 b. For the purposes of the Small County Outreach Program
120 specified in s. 339.2818, 5 percent of these funds;
121 c. For the purposes of the Strategic Intermodal System
122 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
123 of these funds after allocating for the New Starts Transit
124 Program described in sub-subparagraph a. and the Small County
125 Outreach Program described in sub-subparagraph b.; and
126 d. For the purposes of the Transportation Regional
127 Incentive Program specified in s. 339.2819, 25 percent of these
128 funds after allocating for the New Starts Transit Program
129 described in sub-subparagraph a. and the Small County Outreach
130 Program described in sub-subparagraph b.
131 2. The Water Protection and Sustainability Program Trust
132 Fund in the Department of Environmental Protection in the amount
133 of the lesser of 5.64 percent of the remainder or $80 million in
134 each fiscal year, to be used as required by s. 403.890.
135 3. The Grants and Donations Trust Fund in the Department of
136 Community Affairs in the amount of the lesser of .23 percent of
137 the remainder or $3.25 million in each fiscal year, with 92
138 percent to be used to fund technical assistance to local
139 governments and school boards on the requirements and
140 implementation of this act and the remaining amount to be used
141 to fund the Century Commission established in s. 163.3247.
142 4. The Ecosystem Management and Restoration Trust Fund in
143 the amount of the lesser of 2.12 percent of the remainder or $30
144 million in each fiscal year, to be used for the preservation and
145 repair of the state’s beaches as provided in ss. 161.091
146 161.212.
147 5. The Marine Resources Conservation Trust Fund in the
148 amount of the lesser of .14 percent of the remainder or $2
149 million in each fiscal year, to be used for marine mammal care
150 as provided in s. 379.208(3).
151 6. General Inspection Trust Fund in the amount of the
152 lesser of .02 percent of the remainder or $300,000 in each
153 fiscal year to be used to fund oyster management and restoration
154 programs as provided in s. 379.362(3).
155
156 Moneys distributed pursuant to this paragraph may not be pledged
157 for debt service unless such pledge is approved by referendum of
158 the voters.
159 (d) The remainder of the moneys distributed under this
160 subsection, after the required payments under paragraphs (a),
161 (b), and (c), shall be paid into the State Treasury to the
162 credit of the General Revenue Fund to be used and expended for
163 the purposes for which the General Revenue Fund was created and
164 exists by law.
165 (2) The lesser of 7.56 percent of the remaining taxes
166 collected under this chapter or $84.9 million in each fiscal
167 year shall be paid into the State Treasury to the credit of the
168 Land Acquisition Trust Fund. Sums deposited in the fund pursuant
169 to this subsection may be used for any purpose for which funds
170 deposited in the Land Acquisition Trust Fund may lawfully be
171 used.
172 (3)(a) Through the 2008-2009 fiscal year, the lesser of
173 1.94 percent of the remaining taxes collected under this chapter
174 or $26 million in each fiscal year shall be paid into the State
175 Treasury to the credit of the Land Acquisition Trust Fund.
176 (b) Beginning with the 2009-2010 fiscal year, the lesser of
177 1.94 percent of the remaining taxes collected under this chapter
178 or $26 million in each fiscal year shall be distributed in the
179 following order:
180 1. Amounts necessary to pay debt service or to fund debt
181 service reserve funds, rebate obligations, or other amounts
182 payable with respect to bonds issued before February 1, 2009,
183 pursuant to this subsection shall be paid into the State
184 Treasury to the credit of the Land Acquisition Trust Fund.
185 2. Eleven million dollars shall be paid into the State
186 Treasury to the credit of the General Revenue Fund.
187 3. The remainder shall be paid into the State Treasury to
188 the credit of the Land Acquisition Trust Fund.
189 (c) Moneys deposited in the Land Acquisition Trust Fund
190 pursuant to this subsection shall be used to acquire coastal
191 lands or to pay debt service on bonds issued to acquire coastal
192 lands and to develop and manage lands acquired with moneys from
193 the trust fund.
194 (4) The lesser of 4.2 percent of the remaining taxes
195 collected under this chapter or $60.5 million in each fiscal
196 year shall be paid into the State Treasury to the credit of the
197 Water Management Lands Trust Fund. Sums deposited in that fund
198 may be used for any purpose authorized in s. 373.59.
199 (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the
200 remaining taxes collected under this chapter shall be paid into
201 the State Treasury to the credit of the Conservation and
202 Recreation Lands Trust Fund to carry out the purposes set forth
203 in s. 259.032. Ten and five-hundredths percent of the amount
204 credited to the Conservation and Recreation Lands Trust Fund
205 pursuant to this subsection shall be transferred to the State
206 Game Trust Fund and used for land management activities.
207 (b) Beginning July 1, 2008, 3.52 percent of the remaining
208 taxes collected under this chapter shall be paid into the State
209 Treasury to the credit of the Conservation and Recreation Lands
210 Trust Fund to carry out the purposes set forth in s. 259.032.
211 Eleven and fifteen hundredths percent of the amount credited to
212 the Conservation and Recreation Lands Trust Fund pursuant to
213 this subsection shall be transferred to the State Game Trust
214 Fund and used for land management activities.
215 (6) The lesser of 2.28 percent of the remaining taxes
216 collected under this chapter or $34.1 million in each fiscal
217 year shall be paid into the State Treasury to the credit of the
218 Invasive Plant Control Trust Fund to carry out the purposes set
219 forth in ss. 369.22 and 369.252.
220 (7) The lesser of .5 percent of the remaining taxes
221 collected under this chapter or $9.3 million in each fiscal year
222 shall be paid into the State Treasury to the credit of the State
223 Game Trust Fund to be used exclusively for the purpose of
224 implementing the Lake Restoration 2020 Program.
225 (8) One-half of one percent of the remaining taxes
226 collected under this chapter shall be paid into the State
227 Treasury and divided equally to the credit of the Department of
228 Environmental Protection Water Quality Assurance Trust Fund to
229 address water quality impacts associated with nonagricultural
230 nonpoint sources and to the credit of the Department of
231 Agriculture and Consumer Services General Inspection Trust Fund
232 to address water quality impacts associated with agricultural
233 nonpoint sources, respectively. These funds shall be used for
234 research, development, demonstration, and implementation of
235 suitable best management practices or other measures used to
236 achieve water quality standards in surface waters and water
237 segments identified pursuant to ss. 303(d) of the Clean Water
238 Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
239 Implementation of best management practices and other measures
240 may include cost-share grants, technical assistance,
241 implementation tracking, and conservation leases or other
242 agreements for water quality improvement. The Department of
243 Environmental Protection and the Department of Agriculture and
244 Consumer Services may adopt rules governing the distribution of
245 funds for implementation of best management practices. The
246 unobligated balance of funds received from the distribution of
247 taxes collected under this chapter to address water quality
248 impacts associated with nonagricultural nonpoint sources will be
249 excluded when calculating the unobligated balance of the Water
250 Quality Assurance Trust Fund as it relates to the determination
251 of the applicable excise tax rate.
252 (9) The lesser of 7.53 percent of the remaining taxes
253 collected under this chapter or $107 million in each fiscal year
254 shall be paid into the State Treasury to the credit of the State
255 Housing Trust Fund and shall be used as follows:
256 (a) Half of that amount shall be used for the purposes for
257 which the State Housing Trust Fund was created and exists by
258 law.
259 (b) Half of that amount shall be paid into the State
260 Treasury to the credit of the Local Government Housing Trust
261 Fund and shall be used for the purposes for which the Local
262 Government Housing Trust Fund was created and exists by law.
263 (10) The lesser of 8.66 percent of the remaining taxes
264 collected under this chapter or $136 million in each fiscal year
265 shall be paid into the State Treasury to the credit of the State
266 Housing Trust Fund and shall be used as follows:
267 (a) Twelve and one-half percent of that amount shall be
268 deposited into the State Housing Trust Fund and be expended by
269 the Department of Community Affairs and by the Florida Housing
270 Finance Corporation for the purposes for which the State Housing
271 Trust Fund was created and exists by law.
272 (b) Eighty-seven and one-half percent of that amount shall
273 be distributed to the Local Government Housing Trust Fund and
274 shall be used for the purposes for which the Local Government
275 Housing Trust Fund was created and exists by law. Funds from
276 this category may also be used to provide for state and local
277 services to assist the homeless.
278 (11) The distribution of proceeds deposited into the Water
279 Management Lands Trust Fund and the Conservation and Recreation
280 Lands Trust Fund, pursuant to subsections (4) and (5), may not
281 be used for land acquisition but may be used for preacquisition
282 costs associated with land purchases. The Legislature intends
283 that the Florida Forever program supplant the acquisition
284 programs formerly authorized under ss. 259.032 and 373.59.
285 (12) Amounts distributed pursuant to subsections (5), (6),
286 (7), and (8) are subject to the payment of debt service on
287 outstanding Conservation and Recreation Lands revenue bonds.
288 (13) Beginning July 1, 2008, in each fiscal year that the
289 remaining taxes collected under this chapter exceed collections
290 in the prior fiscal year, the stated maximum dollar amounts
291 provided in subsections (2), (4), (6), (7), (9), and (10) shall
292 each be increased by an amount equal to 10 percent of the
293 increase in the remaining taxes collected under this chapter
294 multiplied by the applicable percentage provided in those
295 subsections.
296 (14) If the payment requirements in any year for bonds
297 outstanding on July 1, 2007, or bonds issued to refund such
298 bonds, exceed the limitations of this section, distributions to
299 the trust fund from which the bond payments are made shall be
300 increased to the lesser of the amount needed to pay bond
301 obligations or the limit of the applicable percentage
302 distribution provided in subsections (1)-(10).
303 (15) Distributions to the State Housing Trust Fund pursuant
304 to subsections (9) and (10) shall be sufficient to cover amounts
305 required to be transferred to the Florida Affordable Housing
306 Guarantee Program’s annual debt service reserve and guarantee
307 fund pursuant to s. 420.5092(6)(a) and (b) up to but not
308 exceeding the amount required to be transferred to such reserve
309 and fund based on the percentage distribution of documentary
310 stamp tax revenues to the State Housing Trust Fund which is in
311 effect in the 2004-2005 fiscal year.
312 (16) If amounts necessary to pay debt service or any other
313 amounts payable with respect to Preservation 2000 bonds, Florida
314 Forever bonds, or Everglades Restoration bonds authorized before
315 January 1, 2010, exceed the amounts distributable pursuant to
316 subsection (1), all moneys distributable pursuant to this
317 section are available for such obligations and transferred in
318 the amounts necessary to pay such obligations when due. However,
319 amounts distributable pursuant to subsection (2), paragraph
320 (3)(b), subsection (4), subsection (5), paragraph (9)(a), or
321 paragraph (10)(a) are not available to pay such obligations to
322 the extent that such moneys are necessary to pay debt service on
323 bonds secured by revenues pursuant to those provisions.
324 (17)(16) The remaining taxes collected under this chapter,
325 after the distributions provided in the preceding subsections,
326 shall be paid into the State Treasury to the credit of the
327 General Revenue Fund.
328
329 ================= T I T L E A M E N D M E N T ================
330 And the title is amended as follows:
331 Delete lines 2 - 56
332 and insert:
333 An act relating to the taxation of documents; amending
334 s. 3, ch. 83-220, Laws of Florida, as amended;
335 extending a future repeal date of provisions
336 authorizing counties to levy a discretionary surtax on
337 documents; amending s. 125.0167, F.S.; limiting the
338 percentage of surtax revenues that may be used for
339 administrative costs; specifying a minimum amount of
340 surtax revenues to be used for housing for certain
341 low-income and moderate-income families; requiring an
342 affirmative vote of a local government governing body
343 to rehabilitate certain government-owned housing;
344 authorizing certain counties to create by ordinance a
345 housing choice assistance voucher program for the
346 purpose of down payment assistance; providing
347 definitions; providing eligibility requirements for
348 such vouchers; authorizing purchasing employers to
349 file for allocations for such vouchers; limiting
350 allocations; requiring distribution of allocations to
351 employees in the form of such vouchers; prohibiting
352 use of allocations for such vouchers if not awarded
353 within a certain period after certain documentary
354 stamps taxes are collected; requiring the Office of
355 Program Policy Analysis and Government Accountability
356 to conduct a continuing review of the discretionary
357 surtax program operated by counties; requiring reports
358 to the Legislature; providing legislative intent to
359 reverse a judicial opinion relating to the application
360 of the excise tax on documents to certain transactions
361 involving legal entities; amending s. 201.02, F.S.;
362 providing that the excise tax on documents applies to
363 transfers involving the exchange of real property for
364 shares of stock or as a capital contribution; imposing
365 the tax on deeds, instruments, and other writings on
366 the consideration for a transfer of real property
367 pursuant to a short sale; providing that the
368 consideration subject to the tax does not include
369 unpaid indebtedness that is forgiven by a mortgagee;
370 defining the term “short sale”; directing the
371 Department of Revenue to readopt rules relating to the
372 application of the excise tax on documents to
373 transfers of real property involving a legal entity;
374 providing intent that the statutory changes relating
375 to the application of the excise tax on documents for
376 transfers involving legal entities are to be
377 clarifying and remedial in nature; authorizing the
378 Department of Revenue to adopt emergency rules
379 relating to short sales; amending s. 201.031, F.S.;
380 expanding requirements for counties levying the
381 discretionary surtax to include housing plan,
382 affordable housing element, and annual reporting
383 requirements; amending s. 719.105, F.S.; conforming a
384 cross-reference; providing for application of
385 specified provisions of the act; authorizing the
386 issuance of Florida Forever bonds; providing an
387 appropriation for debt service on such bonds;
388 authorizing the issuance of Save Our Everglades bonds;
389 providing an appropriation for debt service on such
390 bonds; providing an appropriation to the Department of
391 Environmental Protection for the design and
392 construction of certain restoration and protection
393 plans and for the acquisition of lands needed for
394 restoration; providing an appropriation for the
395 purpose of implementing agricultural nonpoint source
396 controls in certain watersheds; amending s. 201.15,
397 F.S.; conforming provisions to changes made by the
398 act; providing effective dates.