Amendment
Bill No. CS/CS/CS/SB 2430
Amendment No. 479563
CHAMBER ACTION
Senate House
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1Representative Saunders offered the following:
2
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,
6as amended by section 1 of chapter 84-270, Laws of Florida, and
7section 1 of chapter 89-252, Laws of Florida, is amended to
8read:
9     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
10Florida, as amended by this act, are repealed effective October
111, 2031 2011.
12     Section 2.  Section 125.0167, Florida Statutes, is amended
13to read:
14     125.0167  Discretionary surtax on documents; adoption;
15application of revenue.--
16     (1)  Pursuant to the provisions of s. 201.031, the
17governing authority in each county, as defined by s. 125.011(1),
18is authorized to levy a discretionary surtax on documents for
19the purpose of establishing and financing a Housing Assistance
20Loan Trust Fund to assist in the financing of construction,
21rehabilitation, or purchase of housing for low-income and
22moderate-income families. No less than 50 percent of the funds
23used in each county to provide such housing assistance shall be
24for the benefit of low-income families. For the purpose of this
25section, "low-income family" means a family whose income does
26not exceed 80 percent of the median income for the area, and
27"moderate-income family" means a family whose income is in
28excess of 80 percent but less than 140 percent of the median
29income for the area. For purposes of this section, the term
30"housing" is not limited to single-family, detached dwellings.
31The rate of the surtax shall not exceed the rate of 45 cents for
32each $100 or fractional part thereof of the consideration
33therefor. Such surtax shall apply only to those documents
34taxable under s. 201.02, except that there shall be no surtax on
35any document pursuant to which the interest granted, assigned,
36transferred, or conveyed involves only a single-family
37residence. Such single-family residence may be a condominium
38unit, a unit held through stock ownership or membership
39representing a proprietary interest in a corporation owning a
40fee or a leasehold initially in excess of 98 years, or a
41detached dwelling.
42     (2)  The levy of the discretionary surtax and the creation
43of a Housing Assistance Loan Trust Fund shall be by ordinance
44which shall set forth the policies and procedures of the
45assistance program. The ordinance shall be proposed at a regular
46meeting of the governing authority at least 2 weeks prior to
47formal adoption. Formal adoption shall not be effective unless
48approved on final vote by a majority of the total membership of
49the governing authority. The ordinance shall not take effect
50until 90 days after formal adoption.
51     (3)  The county shall deposit revenues from the
52discretionary surtax in the Housing Assistance Loan Trust Fund
53of the county, except that a portion of such revenues may be
54deposited into the Home Investment Trust Fund of the county as
55defined by and created pursuant to the requirements of federal
56law. The county shall use the revenues only to help finance the
57construction, rehabilitation, or purchase of housing for low-
58income families and moderate-income families, to pay necessary
59costs of collection and enforcement of the surtax, and to fund
60any local matching contributions required pursuant to federal
61law. For purposes of this section, authorized uses of the
62revenues include, but are not limited to, providing funds for
63first and second mortgages and acquiring property for the
64purpose of forming housing cooperatives. Special consideration
65shall be given toward using the revenues in the neighborhood
66economic development programs of community development
67corporations. No more than 50 percent of the revenues collected
68each year pursuant to this section may be used to help finance
69new construction as provided herein. The proceeds of the surtax
70shall not be used for rent subsidies or grants.
71     (4)  No more than 10 percent of surtax revenues collected
72under this section by the Department of Revenue and remitted to
73the county in any fiscal year may be used for administrative
74costs.
75     (5)(a)  Notwithstanding the provisions of subsection (3),
76of the discretionary surtax revenues collected by the Department
77of Revenue remaining after any deduction for administrative
78costs as provided in subsection (4), no less than 35 percent
79shall be used to provide homeownership assistance for low-income
80and moderate-income families, and no less than 35 percent shall
81be used for construction, rehabilitation, and purchase of rental
82housing units. The remaining amount may be allocated to provide
83for homeownership assistance or rental housing units, at the
84discretion of the county. Any funds allocated for homeownership
85assistance or rental housing units which are not committed at
86the end of the fiscal year shall be reallocated in subsequent
87years consistent with the provisions of this subsection, in that
88at least 35 percent shall be reallocated to provide
89homeownership assistance for low-income and moderate-income
90families, and at least 35 percent shall be reallocated for
91construction, rehabilitation, and purchase of rental housing
92units. The remaining amount of uncommitted funds may be
93reallocated at the discretion of the county within any of the
94categories established in this subsection.
95     (b)  For purposes of this subsection, the term
96"homeownership assistance" means assisting low-income and
97moderate-income families in purchasing a home as their primary
98residence, including, but not limited to, reducing the cost of
99the home with below-market construction financing, the amount of
100down payment and closing costs paid by the borrower, or the
101mortgage payment to an affordable amount for the purchaser or
102using any other financial assistance measure set forth in s.
103420.5088.
104     (6)  Rehabilitation of housing owned by a recipient
105government may be authorized only after a determination approved
106by a majority of the governing body that no other sources of
107funds are available.
108     (7)(a)  The governing body of each county as defined in s.
109125.011(1) may, by county ordinance and pursuant to procedures
110and requirements provided by such ordinance, create a housing
111choice assistance voucher program.
112     (b)  For purposes of this subsection, the term:
113     1.  "Housing choice assistance voucher" means the document
114used to access assistance paid by the county from the
115discretionary surtax balance in the Housing Assistance Trust
116Fund to a prospective purchaser of a single-family residence,
117which must be the purchaser's homestead.
118     2.  "Purchasing employer" means a business or business
119entity that has acquired real property within the county and
120paid the surtax due as a result of the acquisition of that
121property pursuant to this section.
122     (c)  Housing choice assistance vouchers shall be used for
123down payment assistance for the purchase of a single-family
124residence by low-income or moderate-income persons within the
125county and within a 5-mile radius of the purchasing employer who
126are:
127     1.  Actively employed by the purchasing employer or by a
128business entity directly affiliated with the purchasing
129employer.
130     2.  Prequalified for a mortgage loan by a certified lending
131institution.
132     (d)  Upon payment of the discretionary surtax pursuant to
133this section, the purchasing employer may file for an allocation
134for housing choice assistance vouchers from the county in an
135amount not to exceed 50 percent of the amount of the
136discretionary surtax paid. The purchasing employer shall
137distribute the allocation to employees in the form of housing
138choice assistance vouchers pursuant to rules and procedures
139established for the program.
140     (e)  Any housing choice assistance voucher allocation not
141distributed to employees and redeemed by an employee within 1
142year after the date the discretionary surtax is paid may not be
143used for housing choice assistance vouchers under this
144subsection.
145     (f)  Any housing assistance paid pursuant to the housing
146choice assistance voucher program shall be included in the
147calculation determining the percentage of discretionary surtax
148funds used for homeownership purposes during the year in which
149the surtax funds for such purposes are expended.
150     (8)  By June 30, 2012, and every 5 years thereafter, the
151Office of Program Policy Analysis and Government Accountability
152shall review the discretionary surtax program operated by
153counties under this section and shall provide a report to the
154President of the Senate and the Speaker of the House of
155Representatives.
156     Section 3.  (1)  The Legislature finds that the Florida
157Supreme Court opinion in Crescent Miami Center, LLC v. Florida
158Department of Revenue, 903 So. 2d 913 (Fla. 2005), interprets s.
159201.02, Florida Statutes, in a manner that permits tax avoidance
160inconsistent with the intent of the Legislature at the time the
161statute was amended in 1990.
162     (2)  The Legislature finds that the opinion of the District
163Court of Appeal for the Third District of Florida in Crescent
164Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d
165904 (Fla. 3d D.C.A. 2003), interprets s. 201.02, Florida
166Statutes, in a manner that prevents tax avoidance consistent
167with the intent of the Legislature at the time the statute was
168amended in 1990.
169     (3)  The Legislature recognizes that the Supreme Court's
170opinion in Crescent is limited to the facts of the case and
171accepts the court's interpretation of s. 201.02, Florida
172Statutes, that no consideration exists when owners of real
173property unencumbered by a mortgage convey an interest in such
174property to an artificial entity whose ownership is identical to
175the ownership of the real property before conveyance. The
176Legislature expressly rejects any application of the court's
177interpretation where the facts are not comparable to the facts
178in Crescent. However, because the Supreme Court's
179interpretation, combined with other settled law regarding the
180application of s. 201.02, Florida Statutes, allows for the tax-
181free transfer of ownership interests in real property from one
182owner to another through the use of artificial entities, it is
183the Legislature's intent by this act to impose the documentary
184stamp tax when the beneficial ownership of real property is
185transferred to a new owner or owners by the use of techniques
186that apply the Supreme Court's decision in Crescent in
187combination with transfers of ownership of, or distributions
188from, artificial entities.
189     Section 4.  Subsection (1) of section 201.02, Florida
190Statutes, is amended, and subsection (11) is added to that
191section, to read:
192     201.02  Tax on deeds and other instruments relating to real
193property or interests in real property.--
194     (1)(a)  On deeds, instruments, or writings whereby any
195lands, tenements, or other real property, or any interest
196therein, shall be granted, assigned, transferred, or otherwise
197conveyed to, or vested in, the purchaser or any other person by
198his or her direction, on each $100 of the consideration therefor
199the tax shall be 70 cents. When the full amount of the
200consideration for the execution, assignment, transfer, or
201conveyance is not shown in the face of such deed, instrument,
202document, or writing, the tax shall be at the rate of 70 cents
203for each $100 or fractional part thereof of the consideration
204therefor. For purposes of this section, consideration includes,
205but is not limited to, the money paid or agreed to be paid; the
206discharge of an obligation; and the amount of any mortgage,
207purchase money mortgage lien, or other encumbrance, whether or
208not the underlying indebtedness is assumed. If the consideration
209paid or given in exchange for real property or any interest
210therein includes property other than money, it is presumed that
211the consideration is equal to the fair market value of the real
212property or interest therein.
213     (b)1.  For purposes of this paragraph the term:
214     a.  "Conduit entity" means a legal entity to which real
215property is conveyed without full consideration by a grantor who
216owns a direct or indirect interest in the entity, or a successor
217entity.
218     b.  "Full consideration" means the consideration that would
219be paid in an arm's length transaction between unrelated
220parties.
221     2.  When real property is conveyed to a conduit entity and
222all or a portion of the grantor's direct or indirect ownership
223interest in the conduit entity is subsequently transferred for
224consideration within 3 years of such conveyance, tax is imposed
225on each such transfer of an interest in the conduit entity for
226consideration at the rate of 70 cents for each $100 or fraction
227thereof of the consideration paid or given in exchange for the
228ownership interest in the conduit entity.
229     3.  When the ownership interest in the conduit entity being
230transferred includes assets other than the real property
231conveyed to the conduit entity, the tax shall be prorated based
232on the percentage the value of such real property represents of
233the total value of all assets owned by the conduit entity.
234     4.  A gift of an ownership interest in a conduit entity is
235not subject to tax to the extent there is no consideration. The
236transfer of shares or similar equity interests in a conduit
237entity which are dealt in or traded on public, regulated
238security exchanges or markets is not subject to tax under this
239paragraph.
240     5.  The transfer for purposes of estate planning by a
241natural person of an interest in a conduit entity to an
242irrevocable grantor trust as described in subpart E of part I of
243subchapter J of chapter 1 of subtitle A of the United States
244Internal Revenue Code is not subject to tax under this
245paragraph.
246     6.  The purpose of this paragraph is to impose the
247documentary stamp tax on the transfer for consideration of a
248beneficial interest in real property. The provisions of this
249paragraph are to be construed liberally to effectuate this
250purpose.
251     (c)  Conversion or merger of a trust that is not a legal
252entity that owns real property in this state into a legal entity
253shall be treated as a conveyance of the real property for the
254purposes of this section.
255     (d)  Taxes imposed by this subsection shall be paid
256pursuant to s.  201.133 when no document is recorded. If a
257document is recorded, taxes imposed by the paragraph shall be
258paid as required for all other taxable documents that are
259recorded.
260     (11)  The documentary stamp tax imposed by this section
261applies to a deed, instrument, or writing that transfers any
262interest in real property pursuant to a short sale, as defined
263in this subsection. The taxable consideration for a short sale
264transfer does not include unpaid indebtedness that is forgiven
265or released by a mortgagee holding a mortgage on the grantor's
266interest in the property. A short sale is a purchase and sale of
267real property in which:
268     (a)  The grantor's interest in the real property is
269encumbered by a mortgage or mortgages securing indebtedness in
270an aggregate amount greater than the purchase price paid by the
271grantee;
272     (b)  A mortgagee releases the real property from its
273mortgage in exchange for a partial payment of less than all of
274the outstanding mortgage indebtedness owing to the releasing
275mortgagee;
276     (c)  The releasing mortgagee does not receive, directly or
277indirectly, any interest in the property transferred; and
278     (d)  The releasing mortgagee, grantor, and grantee are
279dealing with each other at arm's length.
280     Section 5.  The amendments to subsections (1) and (11) of
281s. 201.02, Florida Statutes, made by this act and the provisions
282of section 3 of this act are intended to be clarifying and
283remedial in nature, but do not provide a basis for assessments
284of tax, or refunds of tax, for periods before July 1, 2009.
285     Section 6.  Effective upon this act becoming a law, the
286Department of Revenue is authorized, and all conditions are
287deemed met, to adopt emergency rules pursuant to ss. 120.536(1)
288and 120.54(4), Florida Statutes, to implement s. 201.02, Florida
289Statutes, as amended by section 4 of this act. Notwithstanding
290any other provision of law, such emergency rules shall remain
291effective for 6 months after the date of adoption and may be
292renewed during the pendency of procedures to adopt rules
293addressing the subject of the emergency rules.
294     Section 7.  Section 201.031, Florida Statutes, is amended
295to read:
296     201.031  Discretionary surtax; administration and
297collection; Housing Assistance Loan Trust Fund; reporting
298requirements.--
299     (1)  Each county, as defined by s. 125.011(1), may levy,
300subject to the provisions of s. 125.0167, a discretionary surtax
301on documents taxable under the provisions of s. 201.02, except
302that there shall be no surtax on any document pursuant to which
303the interest granted, assigned, transferred, or conveyed
304involves only a single-family residence. The Such single-family
305residence may be a condominium unit, a unit held through stock
306ownership or membership representing a proprietary interest in a
307corporation owning a fee or a leasehold initially in excess of
30898 years, or a detached dwelling.
309     (2)  All provisions of chapter 201, except s. 201.15, shall
310apply to the surtax. The Department of Revenue shall pay to the
311governing authority of the county which levies the surtax all
312taxes, penalties, and interest collected under this section less
313any costs of administration.
314     (3)  Each county that which levies the surtax shall:
315     (a)  Include in the financial report required under s.
316218.32 information showing the revenues and the expenses of the
317trust fund for the fiscal year.
318     (b)  Adopt a housing plan every 3 years which includes
319provisions substantially similar to the plans required in s.
320420.9075(1).
321     (c)  Have adopted an affordable housing element of its
322comprehensive land use plan which complies with s.
323163.3177(6)(f).
324     (d)  Require by resolution that the staff or entity that
325has administrative authority for implementing the housing plan
326prepare and submit to the county's governing body an annual
327report substantially similar to the annual report required in s.
328420.9075(10).
329     Section 8.  Paragraph (a) of subsection (1) of section
330719.105, Florida Statutes, is amended to read:
331     719.105  Cooperative parcels; appurtenances; possession and
332enjoyment.--
333     (1)  Each cooperative parcel has, as appurtenances thereto:
334     (a)  Evidence of membership, ownership of shares, or other
335interest in the association with the full voting rights
336appertaining thereto. Such evidence must include a legal
337description of each dwelling unit and must be recorded in the
338office of the clerk of the circuit court as required by s.
339201.02(4) s. 201.02(3).
340     Section 9.  Pursuant to s. 201.15(1)(a), Florida Statutes,
341the issuance of $50 million of Florida Forever bonds is
342authorized, in addition to any previously authorized bonds. For
343the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated
344from the Land Acquisition Trust Fund to the Department of
345Environmental Protection for debt service on the new bonds. The
346proceeds of such bonds shall be distributed in accordance with
347s. 259.105(3), Florida Statutes. The Department of Environmental
348Protection and the agencies receiving such bond proceeds are
349appropriated budget authority necessary to transfer and expend
350the respective amounts of the distributed bond proceeds.
351     Section 10.  (1)  Pursuant to s. 215.619(1), Florida
352Statutes, the issuance of $50 million of Everglades Restoration
353bonds is authorized, in addition to any previously authorized
354bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is
355appropriated from the Save Our Everglades Trust Fund to the
356Department of Environmental Protection for debt service on the
357new bonds.
358     (2)  The sum of $47 million is appropriated from the Save
359Our Everglades Trust Fund to the Department of Environmental
360Protection for the design and construction of Comprehensive
361Everglades Restoration Plan components, Lake Okeechobee
362Protection Plan components, and Caloosahatchee and St. Lucie
363River Watershed Protection Plan components, and for the
364acquisition of lands needed for these project components. The
365sum of $3 million is appropriated from the Save Our Everglades
366Trust Fund to the Department of Environmental Protection for
367transfer to the Department of Agriculture and Consumer Services
368into the General Inspection Trust Fund to fund activities
369authorized in subsection (3).
370     (3)  The sum of $3 million is appropriated from the General
371Inspections Trust Fund to the Department of Agriculture and
372Consumer Services for the purpose of implementing agricultural
373nonpoint source controls in the Okeechobee, Caloosahatchee, and
374St. Lucie River watersheds.
375     Section 11.  Section 201.15, Florida Statutes, as amended
376by section 1 of chapter 2009-17, Laws of Florida, is amended to
377read:
378     201.15  Distribution of taxes collected.--All taxes
379collected under this chapter are subject to the service charge
380imposed in s. 215.20(1). Prior to distribution under this
381section, the Department of Revenue shall deduct amounts
382necessary to pay the costs of the collection and enforcement of
383the tax levied by this chapter. Such costs and the service
384charge may not be levied against any portion of taxes pledged to
385debt service on bonds to the extent that the costs and service
386charge are required to pay any amounts relating to the bonds.
387After distributions are made pursuant to subsection (1), all of
388the costs of the collection and enforcement of the tax levied by
389this chapter and the service charge shall be available and
390transferred to the extent necessary to pay debt service and any
391other amounts payable with respect to bonds authorized before
392January 1, 2010, secured by revenues distributed pursuant to
393subsection (1). All taxes remaining after deduction of costs and
394the service charge shall be distributed as follows:
395     (1)  Sixty-three and thirty-one hundredths percent of the
396remaining taxes collected under this chapter shall be used for
397the following purposes:
398     (a)  Amounts necessary to pay the debt service on, or fund
399debt service reserve funds, rebate obligations, or other amounts
400payable with respect to Preservation 2000 bonds issued pursuant
401to s. 375.051 and Florida Forever bonds issued pursuant to s.
402215.618, shall be paid into the State Treasury to the credit of
403the Land Acquisition Trust Fund to be used for such purposes.
404The amount transferred to the Land Acquisition Trust Fund may
405not exceed $300 million in fiscal year 1999-2000 and thereafter
406for Preservation 2000 bonds and bonds issued to refund
407Preservation 2000 bonds, and $300 million in fiscal year 2000-
4082001 and thereafter for Florida Forever bonds. The annual amount
409transferred to the Land Acquisition Trust Fund for Florida
410Forever bonds may not exceed $30 million in the first fiscal
411year in which bonds are issued. The limitation on the amount
412transferred shall be increased by an additional $30 million in
413each subsequent fiscal year, but may not exceed a total of $300
414million in any fiscal year for all bonds issued. It is the
415intent of the Legislature that all bonds issued to fund the
416Florida Forever Act be retired by December 31, 2040. Except for
417bonds issued to refund previously issued bonds, no series of
418bonds may be issued pursuant to this paragraph unless such bonds
419are approved and the debt service for the remainder of the
420fiscal year in which the bonds are issued is specifically
421appropriated in the General Appropriations Act. For purposes of
422refunding Preservation 2000 bonds, amounts designated within
423this section for Preservation 2000 and Florida Forever bonds may
424be transferred between the two programs to the extent provided
425for in the documents authorizing the issuance of the bonds. The
426Preservation 2000 bonds and Florida Forever bonds shall be
427equally and ratably secured by moneys distributable to the Land
428Acquisition Trust Fund pursuant to this section, except to the
429extent specifically provided otherwise by the documents
430authorizing the issuance of the bonds. No moneys transferred to
431the Land Acquisition Trust Fund pursuant to this paragraph, or
432earnings thereon, shall be used or made available to pay debt
433service on the Save Our Coast revenue bonds.
434     (b)  Moneys shall be paid into the State Treasury to the
435credit of the Save Our Everglades Trust Fund in amounts
436necessary to pay debt service, provide reserves, and pay rebate
437obligations and other amounts due with respect to bonds issued
438under s. 215.619. Taxes distributed under paragraph (a) and this
439paragraph must be collectively distributed on a pro rata basis
440when the available moneys under this subsection are not
441sufficient to cover the amounts required under paragraph (a) and
442this paragraph.
443     (c)  The remainder of the moneys distributed under this
444subsection, 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
447of Transportation in the amount of the lesser of 38.2 percent of
448the remainder or $541.75 million in each fiscal year, to be used
449for the following specified purposes, notwithstanding any other
450law to the contrary:
451     a.  For the purposes of capital funding for the New Starts
452Transit Program, authorized by Title 49, U.S.C. s. 5309 and
453specified in s. 341.051, 10 percent of these funds;
454     b.  For the purposes of the Small County Outreach Program
455specified in s. 339.2818, 5 percent of these funds;
456     c.  For the purposes of the Strategic Intermodal System
457specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
458of these funds after allocating for the New Starts Transit
459Program described in sub-subparagraph a. and the Small County
460Outreach Program described in sub-subparagraph b.; and
461     d.  For the purposes of the Transportation Regional
462Incentive Program specified in s. 339.2819, 25 percent of these
463funds after allocating for the New Starts Transit Program
464described in sub-subparagraph a. and the Small County Outreach
465Program described in sub-subparagraph b.
466     2.  The Water Protection and Sustainability Program Trust
467Fund in the Department of Environmental Protection in the amount
468of the lesser of 5.64 percent of the remainder or $80 million in
469each fiscal year, to be used as required by s. 403.890.
470     3.  The Grants and Donations Trust Fund in the Department
471of Community Affairs in the amount of the lesser of .23 percent
472of the remainder or $3.25 million in each fiscal year, with 92
473percent to be used to fund technical assistance to local
474governments and school boards on the requirements and
475implementation of this act and the remaining amount to be used
476to fund the Century Commission established in s. 163.3247.
477     4.  The Ecosystem Management and Restoration Trust Fund in
478the amount of the lesser of 2.12 percent of the remainder or $30
479million in each fiscal year, to be used for the preservation and
480repair of the state's beaches as provided in ss. 161.091-
481161.212.
482     5.  The Marine Resources Conservation Trust Fund in the
483amount of the lesser of .14 percent of the remainder or $2
484million in each fiscal year, to be used for marine mammal care
485as provided in s. 379.208(3).
486     6.  General Inspection Trust Fund in the amount of the
487lesser of .02 percent of the remainder or $300,000 in each
488fiscal year to be used to fund oyster management and restoration
489programs as provided in s. 379.362(3).
490
491Moneys distributed pursuant to this paragraph may not be pledged
492for debt service unless such pledge is approved by referendum of
493the voters.
494     (d)  The remainder of the moneys distributed under this
495subsection, after the required payments under paragraphs (a),
496(b), and (c), shall be paid into the State Treasury to the
497credit of the General Revenue Fund to be used and expended for
498the purposes for which the General Revenue Fund was created and
499exists by law.
500     (2)  The lesser of 7.56 percent of the remaining taxes
501collected under this chapter or $84.9 million in each fiscal
502year shall be paid into the State Treasury to the credit of the
503Land Acquisition Trust Fund. Sums deposited in the fund pursuant
504to this subsection may be used for any purpose for which funds
505deposited in the Land Acquisition Trust Fund may lawfully be
506used.
507     (3)(a)  Through the 2008-2009 fiscal year, the lesser of
5081.94 percent of the remaining taxes collected under this chapter
509or $26 million in each fiscal year shall be paid into the State
510Treasury to the credit of the Land Acquisition Trust Fund.
511     (b)  Beginning with the 2009-2010 fiscal year, the lesser
512of 1.94 percent of the remaining taxes collected under this
513chapter or $26 million in each fiscal year shall be distributed
514in the following order:
515     1.  Amounts necessary to pay debt service or to fund debt
516service reserve funds, rebate obligations, or other amounts
517payable with respect to bonds issued before February 1, 2009,
518pursuant to this subsection shall be paid into the State
519Treasury to the credit of the Land Acquisition Trust Fund.
520     2.  Eleven million dollars shall be paid into the State
521Treasury to the credit of the General Revenue Fund.
522     3.  The remainder shall be paid into the State Treasury to
523the credit of the Land Acquisition Trust Fund.
524     (c)  Moneys deposited in the Land Acquisition Trust Fund
525pursuant to this subsection shall be used to acquire coastal
526lands or to pay debt service on bonds issued to acquire coastal
527lands and to develop and manage lands acquired with moneys from
528the trust fund.
529     (4)  The lesser of 4.2 percent of the remaining taxes
530collected under this chapter or $60.5 million in each fiscal
531year shall be paid into the State Treasury to the credit of the
532Water Management Lands Trust Fund. Sums deposited in that fund
533may be used for any purpose authorized in s. 373.59.
534     (5)(a)  For the 2007-2008 fiscal year, 3.96 percent of the
535remaining taxes collected under this chapter shall be paid into
536the State Treasury to the credit of the Conservation and
537Recreation Lands Trust Fund to carry out the purposes set forth
538in s. 259.032. Ten and five-hundredths percent of the amount
539credited to the Conservation and Recreation Lands Trust Fund
540pursuant to this subsection shall be transferred to the State
541Game Trust Fund and used for land management activities.
542     (b)  Beginning July 1, 2008, 3.52 percent of the remaining
543taxes collected under this chapter shall be paid into the State
544Treasury to the credit of the Conservation and Recreation Lands
545Trust Fund to carry out the purposes set forth in s. 259.032.
546Eleven and fifteen hundredths percent of the amount credited to
547the Conservation and Recreation Lands Trust Fund pursuant to
548this subsection shall be transferred to the State Game Trust
549Fund and used for land management activities.
550     (6)  The lesser of 2.28 percent of the remaining taxes
551collected under this chapter or $34.1 million in each fiscal
552year shall be paid into the State Treasury to the credit of the
553Invasive Plant Control Trust Fund to carry out the purposes set
554forth in ss. 369.22 and 369.252.
555     (7)  The lesser of .5 percent of the remaining taxes
556collected under this chapter or $9.3 million in each fiscal year
557shall be paid into the State Treasury to the credit of the State
558Game Trust Fund to be used exclusively for the purpose of
559implementing the Lake Restoration 2020 Program.
560     (8)  One-half of one percent of the remaining taxes
561collected under this chapter shall be paid into the State
562Treasury and divided equally to the credit of the Department of
563Environmental Protection Water Quality Assurance Trust Fund to
564address water quality impacts associated with nonagricultural
565nonpoint sources and to the credit of the Department of
566Agriculture and Consumer Services General Inspection Trust Fund
567to address water quality impacts associated with agricultural
568nonpoint sources, respectively. These funds shall be used for
569research, development, demonstration, and implementation of
570suitable best management practices or other measures used to
571achieve water quality standards in surface waters and water
572segments identified pursuant to ss. 303(d) of the Clean Water
573Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
574Implementation of best management practices and other measures
575may include cost-share grants, technical assistance,
576implementation tracking, and conservation leases or other
577agreements for water quality improvement. The Department of
578Environmental Protection and the Department of Agriculture and
579Consumer Services may adopt rules governing the distribution of
580funds for implementation of best management practices. The
581unobligated balance of funds received from the distribution of
582taxes collected under this chapter to address water quality
583impacts associated with nonagricultural nonpoint sources will be
584excluded when calculating the unobligated balance of the Water
585Quality Assurance Trust Fund as it relates to the determination
586of the applicable excise tax rate.
587     (9)  The lesser of 7.53 percent of the remaining taxes
588collected under this chapter or $107 million in each fiscal year
589shall be paid into the State Treasury to the credit of the State
590Housing Trust Fund and shall be used as follows:
591     (a)  Half of that amount shall be used for the purposes for
592which the State Housing Trust Fund was created and exists by
593law.
594     (b)  Half of that amount shall be paid into the State
595Treasury to the credit of the Local Government Housing Trust
596Fund and shall be used for the purposes for which the Local
597Government Housing Trust Fund was created and exists by law.
598     (10)  The lesser of 8.66 percent of the remaining taxes
599collected under this chapter or $136 million in each fiscal year
600shall be paid into the State Treasury to the credit of the State
601Housing Trust Fund and shall be used as follows:
602     (a)  Twelve and one-half percent of that amount shall be
603deposited into the State Housing Trust Fund and be expended by
604the Department of Community Affairs and by the Florida Housing
605Finance Corporation for the purposes for which the State Housing
606Trust Fund was created and exists by law.
607     (b)  Eighty-seven and one-half percent of that amount shall
608be distributed to the Local Government Housing Trust Fund and
609shall be used for the purposes for which the Local Government
610Housing Trust Fund was created and exists by law. Funds from
611this category may also be used to provide for state and local
612services to assist the homeless.
613     (11)  The distribution of proceeds deposited into the Water
614Management Lands Trust Fund and the Conservation and Recreation
615Lands Trust Fund, pursuant to subsections (4) and (5), may not
616be used for land acquisition but may be used for preacquisition
617costs associated with land purchases. The Legislature intends
618that the Florida Forever program supplant the acquisition
619programs 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
622outstanding Conservation and Recreation Lands revenue bonds.
623     (13)  Beginning July 1, 2008, in each fiscal year that the
624remaining taxes collected under this chapter exceed collections
625in the prior fiscal year, the stated maximum dollar amounts
626provided in subsections (2), (4), (6), (7), (9), and (10) shall
627each be increased by an amount equal to 10 percent of the
628increase in the remaining taxes collected under this chapter
629multiplied by the applicable percentage provided in those
630subsections.
631     (14)  If the payment requirements in any year for bonds
632outstanding on July 1, 2007, or bonds issued to refund such
633bonds, exceed the limitations of this section, distributions to
634the trust fund from which the bond payments are made shall be
635increased to the lesser of the amount needed to pay bond
636obligations or the limit of the applicable percentage
637distribution provided in subsections (1)-(10).
638     (15)  Distributions to the State Housing Trust Fund
639pursuant to subsections (9) and (10) shall be sufficient to
640cover amounts required to be transferred to the Florida
641Affordable Housing Guarantee Program's annual debt service
642reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
643up to but not exceeding the amount required to be transferred to
644such reserve and fund based on the percentage distribution of
645documentary stamp tax revenues to the State Housing Trust Fund
646which is in effect in the 2004-2005 fiscal year.
647     (16)  If amounts necessary to pay debt service or any other
648amounts payable with respect to Preservation 2000 bonds, Florida
649Forever bonds, or Everglades Restoration bonds authorized before
650January 1, 2010, exceed the amounts distributable pursuant to
651subsection (1), all moneys distributable pursuant to this
652section are available for such obligations and transferred in
653the amounts necessary to pay such obligations when due. However,
654amounts distributable pursuant to subsection (2), subsection
655(3), subsection (4), subsection (5), paragraph (9)(a), or
656paragraph (10)(a) are not available to pay such obligations to
657the extent that such moneys are necessary to pay debt service on
658bonds secured by revenues pursuant to those provisions.
659     (17)(16)  The remaining taxes collected under this chapter,
660after the distributions provided in the preceding subsections,
661shall be paid into the State Treasury to the credit of the
662General Revenue Fund.
663     Section 12.  Except as otherwise expressly provided in this
664act and except for this section, which shall take effect upon
665becoming law, this act shall take effect on July 1, 2009, and
666the amendment to s. 201.02(1), Florida Statutes, made by this
667act, applies to transfers for which the first transfer to a
668conduit entity occurs after July 1, 2009.
669
670
671
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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
675An act relating to the taxation of documents; amending s. 3, ch.
67683-220, Laws of Florida, as amended; extending a future repeal
677date of provisions authorizing counties to levy a discretionary
678surtax on documents; amending s. 125.0167, F.S.; limiting the
679percentage of surtax revenues that may be used for
680administrative costs; specifying a minimum amount of surtax
681revenues to be used for housing for certain low-income and
682moderate-income families; requiring an affirmative vote of a
683local government governing body to rehabilitate certain
684government-owned housing; authorizing certain counties to create
685by ordinance a housing choice assistance voucher program for the
686purpose of down payment assistance; providing definitions;
687providing eligibility requirements for such vouchers;
688authorizing purchasing employers to file for allocations for
689such vouchers; limiting allocations; requiring distribution of
690allocations to employees in the form of such vouchers;
691prohibiting use of allocations for such vouchers if not awarded
692within a certain period after certain documentary stamps taxes
693are collected; requiring the Office of Program Policy Analysis
694and Government Accountability to conduct a continuing review of
695the discretionary surtax program operated by counties; requiring
696reports to the Legislature; providing legislative intent to
697reverse a judicial opinion relating to the application of the
698excise tax on documents to certain transactions involving legal
699entities; amending s. 201.02, F.S.; defining terms; imposing the
700tax on certain transfers to a conduit entity; providing for the
701tax to be prorated when the interest transferred includes assets
702other than real property; exempting the transfer of shares or
703similar equity interests in a conduit entity from the tax;
704exempting certain transfers for purposes of estate planning;
705providing for liberal construction; providing for payment of the
706tax when no document is recorded; imposing the tax on deeds,
707instruments, and other writings on the consideration for a
708transfer of real property pursuant to a short sale; providing
709that the consideration subject to the tax does not include
710unpaid indebtedness that is forgiven by a mortgagee; defining
711the term "short sale"; authorizing the Department of Revenue to
712adopt emergency rules relating to transfers of real property
713interest involving conduit entities and transfers of real
714property pursuant to short sales; amending s. 201.031, F.S.;
715expanding requirements for counties levying the discretionary
716surtax to include housing plan, affordable housing element, and
717annual reporting requirements; amending s. 719.105, F.S.;
718conforming a cross-reference; authorizing the issuance of
719Florida Forever bonds; providing an appropriation for debt
720service on such bonds; authorizing the issuance of Everglades
721Restoration bonds; providing an appropriation for debt service
722on such bonds; providing an appropriation to the Department of
723Environmental Protection for the design and construction of
724certain restoration and protection plans and for the acquisition
725of lands needed for these project components; providing an
726appropriation for the purpose of implementing agricultural
727nonpoint source controls in certain watersheds; amending s.
728201.15, F.S.; conforming provisions to changes made by the act;
729providing for application of specified provisions of the act;
730providing effective dates.
731


CODING: Words stricken are deletions; words underlined are additions.