1 | Representative Saunders offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 3 of chapter 83-220, Laws of Florida, |
6 | as amended by section 1 of chapter 84-270, Laws of Florida, and |
7 | section 1 of chapter 89-252, Laws of Florida, is amended to |
8 | read: |
9 | Section 3. Sections 1 and 2 of chapter 83-220, Laws of |
10 | Florida, as amended by this act, are repealed effective October |
11 | 1, 2031 2011. |
12 | Section 2. Section 125.0167, Florida Statutes, is amended |
13 | to read: |
14 | 125.0167 Discretionary surtax on documents; adoption; |
15 | application of revenue.-- |
16 | (1) Pursuant to the provisions of s. 201.031, the |
17 | governing authority in each county, as defined by s. 125.011(1), |
18 | is authorized to levy a discretionary surtax on documents for |
19 | the purpose of establishing and financing a Housing Assistance |
20 | Loan Trust Fund to assist in the financing of construction, |
21 | rehabilitation, or purchase of housing for low-income and |
22 | moderate-income families. No less than 50 percent of the funds |
23 | used in each county to provide such housing assistance shall be |
24 | for the benefit of low-income families. For the purpose of this |
25 | section, "low-income family" means a family whose income does |
26 | not exceed 80 percent of the median income for the area, and |
27 | "moderate-income family" means a family whose income is in |
28 | excess of 80 percent but less than 140 percent of the median |
29 | income for the area. For purposes of this section, the term |
30 | "housing" is not limited to single-family, detached dwellings. |
31 | The rate of the surtax shall not exceed the rate of 45 cents for |
32 | each $100 or fractional part thereof of the consideration |
33 | therefor. Such surtax shall apply only to those documents |
34 | taxable under s. 201.02, except that there shall be no surtax on |
35 | any document pursuant to which the interest granted, assigned, |
36 | transferred, or conveyed involves only a single-family |
37 | residence. Such single-family residence may be a condominium |
38 | unit, a unit held through stock ownership or membership |
39 | representing a proprietary interest in a corporation owning a |
40 | fee or a leasehold initially in excess of 98 years, or a |
41 | detached dwelling. |
42 | (2) The levy of the discretionary surtax and the creation |
43 | of a Housing Assistance Loan Trust Fund shall be by ordinance |
44 | which shall set forth the policies and procedures of the |
45 | assistance program. The ordinance shall be proposed at a regular |
46 | meeting of the governing authority at least 2 weeks prior to |
47 | formal adoption. Formal adoption shall not be effective unless |
48 | approved on final vote by a majority of the total membership of |
49 | the governing authority. The ordinance shall not take effect |
50 | until 90 days after formal adoption. |
51 | (3) The county shall deposit revenues from the |
52 | discretionary surtax in the Housing Assistance Loan Trust Fund |
53 | of the county, except that a portion of such revenues may be |
54 | deposited into the Home Investment Trust Fund of the county as |
55 | defined by and created pursuant to the requirements of federal |
56 | law. The county shall use the revenues only to help finance the |
57 | construction, rehabilitation, or purchase of housing for low- |
58 | income families and moderate-income families, to pay necessary |
59 | costs of collection and enforcement of the surtax, and to fund |
60 | any local matching contributions required pursuant to federal |
61 | law. For purposes of this section, authorized uses of the |
62 | revenues include, but are not limited to, providing funds for |
63 | first and second mortgages and acquiring property for the |
64 | purpose of forming housing cooperatives. Special consideration |
65 | shall be given toward using the revenues in the neighborhood |
66 | economic development programs of community development |
67 | corporations. No more than 50 percent of the revenues collected |
68 | each year pursuant to this section may be used to help finance |
69 | new construction as provided herein. The proceeds of the surtax |
70 | shall not be used for rent subsidies or grants. |
71 | (4) No more than 10 percent of surtax revenues collected |
72 | under this section by the Department of Revenue and remitted to |
73 | the county in any fiscal year may be used for administrative |
74 | costs. |
75 | (5)(a) Notwithstanding the provisions of subsection (3), |
76 | of the discretionary surtax revenues collected by the Department |
77 | of Revenue remaining after any deduction for administrative |
78 | costs as provided in subsection (4), no less than 35 percent |
79 | shall be used to provide homeownership assistance for low-income |
80 | and moderate-income families, and no less than 35 percent shall |
81 | be used for construction, rehabilitation, and purchase of rental |
82 | housing units. The remaining amount may be allocated to provide |
83 | for homeownership assistance or rental housing units, at the |
84 | discretion of the county. Any funds allocated for homeownership |
85 | assistance or rental housing units which are not committed at |
86 | the end of the fiscal year shall be reallocated in subsequent |
87 | years consistent with the provisions of this subsection, in that |
88 | at least 35 percent shall be reallocated to provide |
89 | homeownership assistance for low-income and moderate-income |
90 | families, and at least 35 percent shall be reallocated for |
91 | construction, rehabilitation, and purchase of rental housing |
92 | units. The remaining amount of uncommitted funds may be |
93 | reallocated at the discretion of the county within any of the |
94 | categories established in this subsection. |
95 | (b) For purposes of this subsection, the term |
96 | "homeownership assistance" means assisting low-income and |
97 | moderate-income families in purchasing a home as their primary |
98 | residence, including, but not limited to, reducing the cost of |
99 | the home with below-market construction financing, the amount of |
100 | down payment and closing costs paid by the borrower, or the |
101 | mortgage payment to an affordable amount for the purchaser or |
102 | using any other financial assistance measure set forth in s. |
103 | 420.5088. |
104 | (6) Rehabilitation of housing owned by a recipient |
105 | government may be authorized only after a determination approved |
106 | by a majority of the governing body that no other sources of |
107 | funds are available. |
108 | (7)(a) The governing body of each county as defined in s. |
109 | 125.011(1) may, by county ordinance and pursuant to procedures |
110 | and requirements provided by such ordinance, create a housing |
111 | choice assistance voucher program. |
112 | (b) For purposes of this subsection, the term: |
113 | 1. "Housing choice assistance voucher" means the document |
114 | used to access assistance paid by the county from the |
115 | discretionary surtax balance in the Housing Assistance Trust |
116 | Fund to a prospective purchaser of a single-family residence, |
117 | which must be the purchaser's homestead. |
118 | 2. "Purchasing employer" means a business or business |
119 | entity that has acquired real property within the county and |
120 | paid the surtax due as a result of the acquisition of that |
121 | property pursuant to this section. |
122 | (c) Housing choice assistance vouchers shall be used for |
123 | down payment assistance for the purchase of a single-family |
124 | residence by low-income or moderate-income persons within the |
125 | county and within a 5-mile radius of the purchasing employer who |
126 | are: |
127 | 1. Actively employed by the purchasing employer or by a |
128 | business entity directly affiliated with the purchasing |
129 | employer. |
130 | 2. Prequalified for a mortgage loan by a certified lending |
131 | institution. |
132 | (d) Upon payment of the discretionary surtax pursuant to |
133 | this section, the purchasing employer may file for an allocation |
134 | for housing choice assistance vouchers from the county in an |
135 | amount not to exceed 50 percent of the amount of the |
136 | discretionary surtax paid. The purchasing employer shall |
137 | distribute the allocation to employees in the form of housing |
138 | choice assistance vouchers pursuant to rules and procedures |
139 | established for the program. |
140 | (e) Any housing choice assistance voucher allocation not |
141 | distributed to employees and redeemed by an employee within 1 |
142 | year after the date the discretionary surtax is paid may not be |
143 | used for housing choice assistance vouchers under this |
144 | subsection. |
145 | (f) Any housing assistance paid pursuant to the housing |
146 | choice assistance voucher program shall be included in the |
147 | calculation determining the percentage of discretionary surtax |
148 | funds used for homeownership purposes during the year in which |
149 | the surtax funds for such purposes are expended. |
150 | (8) By June 30, 2012, and every 5 years thereafter, the |
151 | Office of Program Policy Analysis and Government Accountability |
152 | shall review the discretionary surtax program operated by |
153 | counties under this section and shall provide a report to the |
154 | President of the Senate and the Speaker of the House of |
155 | Representatives. |
156 | Section 3. (1) The Legislature finds that the Florida |
157 | Supreme Court opinion in Crescent Miami Center, LLC v. Florida |
158 | Department of Revenue, 903 So. 2d 913 (Fla. 2005), interprets s. |
159 | 201.02, Florida Statutes, in a manner that permits tax avoidance |
160 | inconsistent with the intent of the Legislature at the time the |
161 | statute was amended in 1990. |
162 | (2) The Legislature finds that the opinion of the District |
163 | Court of Appeal for the Third District of Florida in Crescent |
164 | Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d |
165 | 904 (Fla. 3d D.C.A. 2003), interprets s. 201.02, Florida |
166 | Statutes, in a manner that prevents tax avoidance consistent |
167 | with the intent of the Legislature at the time the statute was |
168 | amended in 1990. |
169 | (3) The Legislature recognizes that the Supreme Court's |
170 | opinion in Crescent is limited to the facts of the case and |
171 | accepts the court's interpretation of s. 201.02, Florida |
172 | Statutes, that no consideration exists when owners of real |
173 | property unencumbered by a mortgage convey an interest in such |
174 | property to an artificial entity whose ownership is identical to |
175 | the ownership of the real property before conveyance. The |
176 | Legislature expressly rejects any application of the court's |
177 | interpretation where the facts are not comparable to the facts |
178 | in Crescent. However, because the Supreme Court's |
179 | interpretation, combined with other settled law regarding the |
180 | application of s. 201.02, Florida Statutes, allows for the tax- |
181 | free transfer of ownership interests in real property from one |
182 | owner to another through the use of artificial entities, it is |
183 | the Legislature's intent by this act to impose the documentary |
184 | stamp tax when the beneficial ownership of real property is |
185 | transferred to a new owner or owners by the use of techniques |
186 | that apply the Supreme Court's decision in Crescent in |
187 | combination with transfers of ownership of, or distributions |
188 | from, artificial entities. |
189 | Section 4. Subsection (1) of section 201.02, Florida |
190 | Statutes, is amended, and subsection (11) is added to that |
191 | section, to read: |
192 | 201.02 Tax on deeds and other instruments relating to real |
193 | property or interests in real property.-- |
194 | (1)(a) On deeds, instruments, or writings whereby any |
195 | lands, tenements, or other real property, or any interest |
196 | therein, shall be granted, assigned, transferred, or otherwise |
197 | conveyed to, or vested in, the purchaser or any other person by |
198 | his or her direction, on each $100 of the consideration therefor |
199 | the tax shall be 70 cents. When the full amount of the |
200 | consideration for the execution, assignment, transfer, or |
201 | conveyance is not shown in the face of such deed, instrument, |
202 | document, or writing, the tax shall be at the rate of 70 cents |
203 | for each $100 or fractional part thereof of the consideration |
204 | therefor. For purposes of this section, consideration includes, |
205 | but is not limited to, the money paid or agreed to be paid; the |
206 | discharge of an obligation; and the amount of any mortgage, |
207 | purchase money mortgage lien, or other encumbrance, whether or |
208 | not the underlying indebtedness is assumed. If the consideration |
209 | paid or given in exchange for real property or any interest |
210 | therein includes property other than money, it is presumed that |
211 | the consideration is equal to the fair market value of the real |
212 | property or interest therein. |
213 | (b)1. For purposes of this paragraph the term: |
214 | a. "Conduit entity" means a legal entity to which real |
215 | property is conveyed without full consideration by a grantor who |
216 | owns a direct or indirect interest in the entity, or a successor |
217 | entity. |
218 | b. "Full consideration" means the consideration that would |
219 | be paid in an arm's length transaction between unrelated |
220 | parties. |
221 | 2. When real property is conveyed to a conduit entity and |
222 | all or a portion of the grantor's direct or indirect ownership |
223 | interest in the conduit entity is subsequently transferred for |
224 | consideration within 3 years of such conveyance, tax is imposed |
225 | on each such transfer of an interest in the conduit entity for |
226 | consideration at the rate of 70 cents for each $100 or fraction |
227 | thereof of the consideration paid or given in exchange for the |
228 | ownership interest in the conduit entity. |
229 | 3. When the ownership interest in the conduit entity being |
230 | transferred includes assets other than the real property |
231 | conveyed to the conduit entity, the tax shall be prorated based |
232 | on the percentage the value of such real property represents of |
233 | the total value of all assets owned by the conduit entity. |
234 | 4. A gift of an ownership interest in a conduit entity is |
235 | not subject to tax to the extent there is no consideration. The |
236 | transfer of shares or similar equity interests in a conduit |
237 | entity which are dealt in or traded on public, regulated |
238 | security exchanges or markets is not subject to tax under this |
239 | paragraph. |
240 | 5. The transfer for purposes of estate planning by a |
241 | natural person of an interest in a conduit entity to an |
242 | irrevocable grantor trust as described in subpart E of part I of |
243 | subchapter J of chapter 1 of subtitle A of the United States |
244 | Internal Revenue Code is not subject to tax under this |
245 | paragraph. |
246 | 6. The purpose of this paragraph is to impose the |
247 | documentary stamp tax on the transfer for consideration of a |
248 | beneficial interest in real property. The provisions of this |
249 | paragraph are to be construed liberally to effectuate this |
250 | purpose. |
251 | (c) Conversion or merger of a trust that is not a legal |
252 | entity that owns real property in this state into a legal entity |
253 | shall be treated as a conveyance of the real property for the |
254 | purposes of this section. |
255 | (d) Taxes imposed by this subsection shall be paid |
256 | pursuant to s. 201.133 when no document is recorded. If a |
257 | document is recorded, taxes imposed by the paragraph shall be |
258 | paid as required for all other taxable documents that are |
259 | recorded. |
260 | (11) The documentary stamp tax imposed by this section |
261 | applies to a deed, instrument, or writing that transfers any |
262 | interest in real property pursuant to a short sale, as defined |
263 | in this subsection. The taxable consideration for a short sale |
264 | transfer does not include unpaid indebtedness that is forgiven |
265 | or released by a mortgagee holding a mortgage on the grantor's |
266 | interest in the property. A short sale is a purchase and sale of |
267 | real property in which: |
268 | (a) The grantor's interest in the real property is |
269 | encumbered by a mortgage or mortgages securing indebtedness in |
270 | an aggregate amount greater than the purchase price paid by the |
271 | grantee; |
272 | (b) A mortgagee releases the real property from its |
273 | mortgage in exchange for a partial payment of less than all of |
274 | the outstanding mortgage indebtedness owing to the releasing |
275 | mortgagee; |
276 | (c) The releasing mortgagee does not receive, directly or |
277 | indirectly, any interest in the property transferred; and |
278 | (d) The releasing mortgagee, grantor, and grantee are |
279 | dealing with each other at arm's length. |
280 | Section 5. The amendments to subsections (1) and (11) of |
281 | s. 201.02, Florida Statutes, made by this act and the provisions |
282 | of section 3 of this act are intended to be clarifying and |
283 | remedial in nature, but do not provide a basis for assessments |
284 | of tax, or refunds of tax, for periods before July 1, 2009. |
285 | Section 6. Effective upon this act becoming a law, the |
286 | Department of Revenue is authorized, and all conditions are |
287 | deemed met, to adopt emergency rules pursuant to ss. 120.536(1) |
288 | and 120.54(4), Florida Statutes, to implement s. 201.02, Florida |
289 | Statutes, as amended by section 4 of this act. Notwithstanding |
290 | any other provision of law, such emergency rules shall remain |
291 | effective for 6 months after the date of adoption and may be |
292 | renewed during the pendency of procedures to adopt rules |
293 | addressing the subject of the emergency rules. |
294 | Section 7. Section 201.031, Florida Statutes, is amended |
295 | to read: |
296 | 201.031 Discretionary surtax; administration and |
297 | collection; Housing Assistance Loan Trust Fund; reporting |
298 | requirements.-- |
299 | (1) Each county, as defined by s. 125.011(1), may levy, |
300 | subject to the provisions of s. 125.0167, a discretionary surtax |
301 | on documents taxable under the provisions of s. 201.02, except |
302 | that there shall be no surtax on any document pursuant to which |
303 | the interest granted, assigned, transferred, or conveyed |
304 | involves only a single-family residence. The Such single-family |
305 | residence may be a condominium unit, a unit held through stock |
306 | ownership or membership representing a proprietary interest in a |
307 | corporation owning a fee or a leasehold initially in excess of |
308 | 98 years, or a detached dwelling. |
309 | (2) All provisions of chapter 201, except s. 201.15, shall |
310 | apply to the surtax. The Department of Revenue shall pay to the |
311 | governing authority of the county which levies the surtax all |
312 | taxes, penalties, and interest collected under this section less |
313 | any costs of administration. |
314 | (3) Each county that which levies the surtax shall: |
315 | (a) Include in the financial report required under s. |
316 | 218.32 information showing the revenues and the expenses of the |
317 | trust fund for the fiscal year. |
318 | (b) Adopt a housing plan every 3 years which includes |
319 | provisions substantially similar to the plans required in s. |
320 | 420.9075(1). |
321 | (c) Have adopted an affordable housing element of its |
322 | comprehensive land use plan which complies with s. |
323 | 163.3177(6)(f). |
324 | (d) Require by resolution that the staff or entity that |
325 | has administrative authority for implementing the housing plan |
326 | prepare and submit to the county's governing body an annual |
327 | report substantially similar to the annual report required in s. |
328 | 420.9075(10). |
329 | Section 8. Paragraph (a) of subsection (1) of section |
330 | 719.105, Florida Statutes, is amended to read: |
331 | 719.105 Cooperative parcels; appurtenances; possession and |
332 | enjoyment.-- |
333 | (1) Each cooperative parcel has, as appurtenances thereto: |
334 | (a) Evidence of membership, ownership of shares, or other |
335 | interest in the association with the full voting rights |
336 | appertaining thereto. Such evidence must include a legal |
337 | description of each dwelling unit and must be recorded in the |
338 | office of the clerk of the circuit court as required by s. |
339 | 201.02(4) s. 201.02(3). |
340 | Section 9. Pursuant to s. 201.15(1)(a), Florida Statutes, |
341 | the issuance of $50 million of Florida Forever bonds is |
342 | authorized, in addition to any previously authorized bonds. For |
343 | the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated |
344 | from the Land Acquisition Trust Fund to the Department of |
345 | Environmental Protection for debt service on the new bonds. The |
346 | proceeds of such bonds shall be distributed in accordance with |
347 | s. 259.105(3), Florida Statutes. The Department of Environmental |
348 | Protection and the agencies receiving such bond proceeds are |
349 | appropriated budget authority necessary to transfer and expend |
350 | the respective amounts of the distributed bond proceeds. |
351 | Section 10. (1) Pursuant to s. 215.619(1), Florida |
352 | Statutes, the issuance of $50 million of Everglades Restoration |
353 | bonds is authorized, in addition to any previously authorized |
354 | bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is |
355 | appropriated from the Save Our Everglades Trust Fund to the |
356 | Department of Environmental Protection for debt service on the |
357 | new bonds. |
358 | (2) The sum of $47 million is appropriated from the Save |
359 | Our Everglades Trust Fund to the Department of Environmental |
360 | Protection for the design and construction of Comprehensive |
361 | Everglades Restoration Plan components, Lake Okeechobee |
362 | Protection Plan components, and Caloosahatchee and St. Lucie |
363 | River Watershed Protection Plan components, and for the |
364 | acquisition of lands needed for these project components. The |
365 | sum of $3 million is appropriated from the Save Our Everglades |
366 | Trust Fund to the Department of Environmental Protection for |
367 | transfer to the Department of Agriculture and Consumer Services |
368 | into the General Inspection Trust Fund to fund activities |
369 | authorized in subsection (3). |
370 | (3) The sum of $3 million is appropriated from the General |
371 | Inspections Trust Fund to the Department of Agriculture and |
372 | Consumer Services for the purpose of implementing agricultural |
373 | nonpoint source controls in the Okeechobee, Caloosahatchee, and |
374 | St. Lucie River watersheds. |
375 | Section 11. Section 201.15, Florida Statutes, as amended |
376 | by section 1 of chapter 2009-17, Laws of Florida, is amended to |
377 | read: |
378 | 201.15 Distribution of taxes collected.--All taxes |
379 | collected under this chapter are subject to the service charge |
380 | imposed in s. 215.20(1). Prior to distribution under this |
381 | section, the Department of Revenue shall deduct amounts |
382 | necessary to pay the costs of the collection and enforcement of |
383 | the tax levied by this chapter. Such costs and the service |
384 | charge may not be levied against any portion of taxes pledged to |
385 | debt service on bonds to the extent that the costs and service |
386 | charge are required to pay any amounts relating to the bonds. |
387 | After distributions are made pursuant to subsection (1), all of |
388 | the costs of the collection and enforcement of the tax levied by |
389 | this chapter and the service charge shall be available and |
390 | transferred to the extent necessary to pay debt service and any |
391 | other amounts payable with respect to bonds authorized before |
392 | January 1, 2010, secured by revenues distributed pursuant to |
393 | subsection (1). All taxes remaining after deduction of costs and |
394 | the service charge shall be distributed as follows: |
395 | (1) Sixty-three and thirty-one hundredths percent of the |
396 | remaining taxes collected under this chapter shall be used for |
397 | the following purposes: |
398 | (a) Amounts necessary to pay the debt service on, or fund |
399 | debt service reserve funds, rebate obligations, or other amounts |
400 | payable with respect to Preservation 2000 bonds issued pursuant |
401 | to s. 375.051 and Florida Forever bonds issued pursuant to s. |
402 | 215.618, shall be paid into the State Treasury to the credit of |
403 | the Land Acquisition Trust Fund to be used for such purposes. |
404 | The amount transferred to the Land Acquisition Trust Fund may |
405 | not exceed $300 million in fiscal year 1999-2000 and thereafter |
406 | for Preservation 2000 bonds and bonds issued to refund |
407 | Preservation 2000 bonds, and $300 million in fiscal year 2000- |
408 | 2001 and thereafter for Florida Forever bonds. The annual amount |
409 | transferred to the Land Acquisition Trust Fund for Florida |
410 | Forever bonds may not exceed $30 million in the first fiscal |
411 | year in which bonds are issued. The limitation on the amount |
412 | transferred shall be increased by an additional $30 million in |
413 | each subsequent fiscal year, but may not exceed a total of $300 |
414 | million in any fiscal year for all bonds issued. It is the |
415 | intent of the Legislature that all bonds issued to fund the |
416 | Florida Forever Act be retired by December 31, 2040. Except for |
417 | bonds issued to refund previously issued bonds, no series of |
418 | bonds may be issued pursuant to this paragraph unless such bonds |
419 | are approved and the debt service for the remainder of the |
420 | fiscal year in which the bonds are issued is specifically |
421 | appropriated in the General Appropriations Act. For purposes of |
422 | refunding Preservation 2000 bonds, amounts designated within |
423 | this section for Preservation 2000 and Florida Forever bonds may |
424 | be transferred between the two programs to the extent provided |
425 | for in the documents authorizing the issuance of the bonds. The |
426 | Preservation 2000 bonds and Florida Forever bonds shall be |
427 | equally and ratably secured by moneys distributable to the Land |
428 | Acquisition Trust Fund pursuant to this section, except to the |
429 | extent specifically provided otherwise by the documents |
430 | authorizing the issuance of the bonds. No moneys transferred to |
431 | the Land Acquisition Trust Fund pursuant to this paragraph, or |
432 | earnings thereon, shall be used or made available to pay debt |
433 | service on the Save Our Coast revenue bonds. |
434 | (b) Moneys shall be paid into the State Treasury to the |
435 | credit of the Save Our Everglades Trust Fund in amounts |
436 | necessary to pay debt service, provide reserves, and pay rebate |
437 | obligations and other amounts due with respect to bonds issued |
438 | under s. 215.619. Taxes distributed under paragraph (a) and this |
439 | paragraph must be collectively distributed on a pro rata basis |
440 | when the available moneys under this subsection are not |
441 | sufficient to cover the amounts required under paragraph (a) and |
442 | this paragraph. |
443 | (c) The remainder of the moneys distributed under this |
444 | subsection, after the required payments under paragraphs (a) and |
445 | (b), shall be paid into the State Treasury to the credit of: |
446 | 1. The State Transportation Trust Fund in the Department |
447 | of Transportation in the amount of the lesser of 38.2 percent of |
448 | the remainder or $541.75 million in each fiscal year, to be used |
449 | for the following specified purposes, notwithstanding any other |
450 | law to the contrary: |
451 | a. For the purposes of capital funding for the New Starts |
452 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
453 | specified in s. 341.051, 10 percent of these funds; |
454 | b. For the purposes of the Small County Outreach Program |
455 | specified in s. 339.2818, 5 percent of these funds; |
456 | c. For the purposes of the Strategic Intermodal System |
457 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
458 | of these funds after allocating for the New Starts Transit |
459 | Program described in sub-subparagraph a. and the Small County |
460 | Outreach Program described in sub-subparagraph b.; and |
461 | d. For the purposes of the Transportation Regional |
462 | Incentive Program specified in s. 339.2819, 25 percent of these |
463 | funds after allocating for the New Starts Transit Program |
464 | described in sub-subparagraph a. and the Small County Outreach |
465 | Program described in sub-subparagraph b. |
466 | 2. The Water Protection and Sustainability Program Trust |
467 | Fund in the Department of Environmental Protection in the amount |
468 | of the lesser of 5.64 percent of the remainder or $80 million in |
469 | each fiscal year, to be used as required by s. 403.890. |
470 | 3. The Grants and Donations Trust Fund in the Department |
471 | of Community Affairs in the amount of the lesser of .23 percent |
472 | of the remainder or $3.25 million in each fiscal year, with 92 |
473 | percent to be used to fund technical assistance to local |
474 | governments and school boards on the requirements and |
475 | implementation of this act and the remaining amount to be used |
476 | to fund the Century Commission established in s. 163.3247. |
477 | 4. The Ecosystem Management and Restoration Trust Fund in |
478 | the amount of the lesser of 2.12 percent of the remainder or $30 |
479 | million in each fiscal year, to be used for the preservation and |
480 | repair of the state's beaches as provided in ss. 161.091- |
481 | 161.212. |
482 | 5. The Marine Resources Conservation Trust Fund in the |
483 | amount of the lesser of .14 percent of the remainder or $2 |
484 | million in each fiscal year, to be used for marine mammal care |
485 | as provided in s. 379.208(3). |
486 | 6. General Inspection Trust Fund in the amount of the |
487 | lesser of .02 percent of the remainder or $300,000 in each |
488 | fiscal year to be used to fund oyster management and restoration |
489 | programs as provided in s. 379.362(3). |
490 |
|
491 | Moneys distributed pursuant to this paragraph may not be pledged |
492 | for debt service unless such pledge is approved by referendum of |
493 | the voters. |
494 | (d) The remainder of the moneys distributed under this |
495 | subsection, after the required payments under paragraphs (a), |
496 | (b), and (c), shall be paid into the State Treasury to the |
497 | credit of the General Revenue Fund to be used and expended for |
498 | the purposes for which the General Revenue Fund was created and |
499 | exists by law. |
500 | (2) The lesser of 7.56 percent of the remaining taxes |
501 | collected under this chapter or $84.9 million in each fiscal |
502 | year shall be paid into the State Treasury to the credit of the |
503 | Land Acquisition Trust Fund. Sums deposited in the fund pursuant |
504 | to this subsection may be used for any purpose for which funds |
505 | deposited in the Land Acquisition Trust Fund may lawfully be |
506 | used. |
507 | (3)(a) Through the 2008-2009 fiscal year, the lesser of |
508 | 1.94 percent of the remaining taxes collected under this chapter |
509 | or $26 million in each fiscal year shall be paid into the State |
510 | Treasury to the credit of the Land Acquisition Trust Fund. |
511 | (b) Beginning with the 2009-2010 fiscal year, the lesser |
512 | of 1.94 percent of the remaining taxes collected under this |
513 | chapter or $26 million in each fiscal year shall be distributed |
514 | in the following order: |
515 | 1. Amounts necessary to pay debt service or to fund debt |
516 | service reserve funds, rebate obligations, or other amounts |
517 | payable with respect to bonds issued before February 1, 2009, |
518 | pursuant to this subsection shall be paid into the State |
519 | Treasury to the credit of the Land Acquisition Trust Fund. |
520 | 2. Eleven million dollars shall be paid into the State |
521 | Treasury to the credit of the General Revenue Fund. |
522 | 3. The remainder shall be paid into the State Treasury to |
523 | the credit of the Land Acquisition Trust Fund. |
524 | (c) Moneys deposited in the Land Acquisition Trust Fund |
525 | pursuant to this subsection shall be used to acquire coastal |
526 | lands or to pay debt service on bonds issued to acquire coastal |
527 | lands and to develop and manage lands acquired with moneys from |
528 | the trust fund. |
529 | (4) The lesser of 4.2 percent of the remaining taxes |
530 | collected under this chapter or $60.5 million in each fiscal |
531 | year shall be paid into the State Treasury to the credit of the |
532 | Water Management Lands Trust Fund. Sums deposited in that fund |
533 | may be used for any purpose authorized in s. 373.59. |
534 | (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the |
535 | remaining taxes collected under this chapter shall be paid into |
536 | the State Treasury to the credit of the Conservation and |
537 | Recreation Lands Trust Fund to carry out the purposes set forth |
538 | in s. 259.032. Ten and five-hundredths percent of the amount |
539 | credited to the Conservation and Recreation Lands Trust Fund |
540 | pursuant to this subsection shall be transferred to the State |
541 | Game Trust Fund and used for land management activities. |
542 | (b) Beginning July 1, 2008, 3.52 percent of the remaining |
543 | taxes collected under this chapter shall be paid into the State |
544 | Treasury to the credit of the Conservation and Recreation Lands |
545 | Trust Fund to carry out the purposes set forth in s. 259.032. |
546 | Eleven and fifteen hundredths percent of the amount credited to |
547 | the Conservation and Recreation Lands Trust Fund pursuant to |
548 | this subsection shall be transferred to the State Game Trust |
549 | Fund and used for land management activities. |
550 | (6) The lesser of 2.28 percent of the remaining taxes |
551 | collected under this chapter or $34.1 million in each fiscal |
552 | year shall be paid into the State Treasury to the credit of the |
553 | Invasive Plant Control Trust Fund to carry out the purposes set |
554 | forth in ss. 369.22 and 369.252. |
555 | (7) The lesser of .5 percent of the remaining taxes |
556 | collected under this chapter or $9.3 million in each fiscal year |
557 | shall be paid into the State Treasury to the credit of the State |
558 | Game Trust Fund to be used exclusively for the purpose of |
559 | implementing the Lake Restoration 2020 Program. |
560 | (8) One-half of one percent of the remaining taxes |
561 | collected under this chapter shall be paid into the State |
562 | Treasury and divided equally to the credit of the Department of |
563 | Environmental Protection Water Quality Assurance Trust Fund to |
564 | address water quality impacts associated with nonagricultural |
565 | nonpoint sources and to the credit of the Department of |
566 | Agriculture and Consumer Services General Inspection Trust Fund |
567 | to address water quality impacts associated with agricultural |
568 | nonpoint sources, respectively. These funds shall be used for |
569 | research, development, demonstration, and implementation of |
570 | suitable best management practices or other measures used to |
571 | achieve water quality standards in surface waters and water |
572 | segments identified pursuant to ss. 303(d) of the Clean Water |
573 | Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
574 | Implementation of best management practices and other measures |
575 | may include cost-share grants, technical assistance, |
576 | implementation tracking, and conservation leases or other |
577 | agreements for water quality improvement. The Department of |
578 | Environmental Protection and the Department of Agriculture and |
579 | Consumer Services may adopt rules governing the distribution of |
580 | funds for implementation of best management practices. The |
581 | unobligated balance of funds received from the distribution of |
582 | taxes collected under this chapter to address water quality |
583 | impacts associated with nonagricultural nonpoint sources will be |
584 | excluded when calculating the unobligated balance of the Water |
585 | Quality Assurance Trust Fund as it relates to the determination |
586 | of the applicable excise tax rate. |
587 | (9) The lesser of 7.53 percent of the remaining taxes |
588 | collected under this chapter or $107 million in each fiscal year |
589 | shall be paid into the State Treasury to the credit of the State |
590 | Housing Trust Fund and shall be used as follows: |
591 | (a) Half of that amount shall be used for the purposes for |
592 | which the State Housing Trust Fund was created and exists by |
593 | law. |
594 | (b) Half of that amount shall be paid into the State |
595 | Treasury to the credit of the Local Government Housing Trust |
596 | Fund and shall be used for the purposes for which the Local |
597 | Government Housing Trust Fund was created and exists by law. |
598 | (10) The lesser of 8.66 percent of the remaining taxes |
599 | collected under this chapter or $136 million in each fiscal year |
600 | shall be paid into the State Treasury to the credit of the State |
601 | Housing Trust Fund and shall be used as follows: |
602 | (a) Twelve and one-half percent of that amount shall be |
603 | deposited into the State Housing Trust Fund and be expended by |
604 | the Department of Community Affairs and by the Florida Housing |
605 | Finance Corporation for the purposes for which the State Housing |
606 | Trust Fund was created and exists by law. |
607 | (b) Eighty-seven and one-half percent of that amount shall |
608 | be distributed to the Local Government Housing Trust Fund and |
609 | shall be used for the purposes for which the Local Government |
610 | Housing Trust Fund was created and exists by law. Funds from |
611 | this category may also be used to provide for state and local |
612 | services to assist the homeless. |
613 | (11) The distribution of proceeds deposited into the Water |
614 | Management Lands Trust Fund and the Conservation and Recreation |
615 | Lands Trust Fund, pursuant to subsections (4) and (5), may not |
616 | be used for land acquisition but may be used for preacquisition |
617 | costs associated with land purchases. The Legislature intends |
618 | that the Florida Forever program supplant the acquisition |
619 | programs formerly authorized under ss. 259.032 and 373.59. |
620 | (12) Amounts distributed pursuant to subsections (5), (6), |
621 | (7), and (8) are subject to the payment of debt service on |
622 | outstanding Conservation and Recreation Lands revenue bonds. |
623 | (13) Beginning July 1, 2008, in each fiscal year that the |
624 | remaining taxes collected under this chapter exceed collections |
625 | in the prior fiscal year, the stated maximum dollar amounts |
626 | provided in subsections (2), (4), (6), (7), (9), and (10) shall |
627 | each be increased by an amount equal to 10 percent of the |
628 | increase in the remaining taxes collected under this chapter |
629 | multiplied by the applicable percentage provided in those |
630 | subsections. |
631 | (14) If the payment requirements in any year for bonds |
632 | outstanding on July 1, 2007, or bonds issued to refund such |
633 | bonds, exceed the limitations of this section, distributions to |
634 | the trust fund from which the bond payments are made shall be |
635 | increased to the lesser of the amount needed to pay bond |
636 | obligations or the limit of the applicable percentage |
637 | distribution provided in subsections (1)-(10). |
638 | (15) Distributions to the State Housing Trust Fund |
639 | pursuant to subsections (9) and (10) shall be sufficient to |
640 | cover amounts required to be transferred to the Florida |
641 | Affordable Housing Guarantee Program's annual debt service |
642 | reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b) |
643 | up to but not exceeding the amount required to be transferred to |
644 | such reserve and fund based on the percentage distribution of |
645 | documentary stamp tax revenues to the State Housing Trust Fund |
646 | which is in effect in the 2004-2005 fiscal year. |
647 | (16) If amounts necessary to pay debt service or any other |
648 | amounts payable with respect to Preservation 2000 bonds, Florida |
649 | Forever bonds, or Everglades Restoration bonds authorized before |
650 | January 1, 2010, exceed the amounts distributable pursuant to |
651 | subsection (1), all moneys distributable pursuant to this |
652 | section are available for such obligations and transferred in |
653 | the amounts necessary to pay such obligations when due. However, |
654 | amounts distributable pursuant to subsection (2), subsection |
655 | (3), subsection (4), subsection (5), paragraph (9)(a), or |
656 | paragraph (10)(a) are not available to pay such obligations to |
657 | the extent that such moneys are necessary to pay debt service on |
658 | bonds secured by revenues pursuant to those provisions. |
659 | (17)(16) The remaining taxes collected under this chapter, |
660 | after the distributions provided in the preceding subsections, |
661 | shall be paid into the State Treasury to the credit of the |
662 | General Revenue Fund. |
663 | Section 12. Except as otherwise expressly provided in this |
664 | act and except for this section, which shall take effect upon |
665 | becoming law, this act shall take effect on July 1, 2009, and |
666 | the amendment to s. 201.02(1), Florida Statutes, made by this |
667 | act, applies to transfers for which the first transfer to a |
668 | conduit entity occurs after July 1, 2009. |
669 |
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670 |
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671 | ----------------------------------------------------- |
672 | T I T L E A M E N D M E N T |
673 | Remove the entire title and insert: |
674 | A bill to be entitled |
675 | An act relating to the taxation of documents; amending s. 3, ch. |
676 | 83-220, Laws of Florida, as amended; extending a future repeal |
677 | date of provisions authorizing counties to levy a discretionary |
678 | surtax on documents; amending s. 125.0167, F.S.; limiting the |
679 | percentage of surtax revenues that may be used for |
680 | administrative costs; specifying a minimum amount of surtax |
681 | revenues to be used for housing for certain low-income and |
682 | moderate-income families; requiring an affirmative vote of a |
683 | local government governing body to rehabilitate certain |
684 | government-owned housing; authorizing certain counties to create |
685 | by ordinance a housing choice assistance voucher program for the |
686 | purpose of down payment assistance; providing definitions; |
687 | providing eligibility requirements for such vouchers; |
688 | authorizing purchasing employers to file for allocations for |
689 | such vouchers; limiting allocations; requiring distribution of |
690 | allocations to employees in the form of such vouchers; |
691 | prohibiting use of allocations for such vouchers if not awarded |
692 | within a certain period after certain documentary stamps taxes |
693 | are collected; requiring the Office of Program Policy Analysis |
694 | and Government Accountability to conduct a continuing review of |
695 | the discretionary surtax program operated by counties; requiring |
696 | reports to the Legislature; providing legislative intent to |
697 | reverse a judicial opinion relating to the application of the |
698 | excise tax on documents to certain transactions involving legal |
699 | entities; amending s. 201.02, F.S.; defining terms; imposing the |
700 | tax on certain transfers to a conduit entity; providing for the |
701 | tax to be prorated when the interest transferred includes assets |
702 | other than real property; exempting the transfer of shares or |
703 | similar equity interests in a conduit entity from the tax; |
704 | exempting certain transfers for purposes of estate planning; |
705 | providing for liberal construction; providing for payment of the |
706 | tax when no document is recorded; imposing the tax on deeds, |
707 | instruments, and other writings on the consideration for a |
708 | transfer of real property pursuant to a short sale; providing |
709 | that the consideration subject to the tax does not include |
710 | unpaid indebtedness that is forgiven by a mortgagee; defining |
711 | the term "short sale"; authorizing the Department of Revenue to |
712 | adopt emergency rules relating to transfers of real property |
713 | interest involving conduit entities and transfers of real |
714 | property pursuant to short sales; amending s. 201.031, F.S.; |
715 | expanding requirements for counties levying the discretionary |
716 | surtax to include housing plan, affordable housing element, and |
717 | annual reporting requirements; amending s. 719.105, F.S.; |
718 | conforming a cross-reference; authorizing the issuance of |
719 | Florida Forever bonds; providing an appropriation for debt |
720 | service on such bonds; authorizing the issuance of Everglades |
721 | Restoration bonds; providing an appropriation for debt service |
722 | on such bonds; providing an appropriation to the Department of |
723 | Environmental Protection for the design and construction of |
724 | certain restoration and protection plans and for the acquisition |
725 | of lands needed for these project components; providing an |
726 | appropriation for the purpose of implementing agricultural |
727 | nonpoint source controls in certain watersheds; amending s. |
728 | 201.15, F.S.; conforming provisions to changes made by the act; |
729 | providing for application of specified provisions of the act; |
730 | providing effective dates. |
731 |
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