| 1 | Representative Lopez-Cantera offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 393 and 394, insert: |
| 5 | Section 8. Section 201.15, Florida Statutes, as amended by |
| 6 | section 1 of chapter 2009-17, Laws of Florida, is amended to |
| 7 | read: |
| 8 | 201.15 Distribution of taxes collected.--All taxes |
| 9 | collected under this chapter are subject to the service charge |
| 10 | imposed in s. 215.20(1). Prior to distribution under this |
| 11 | section, the Department of Revenue shall deduct amounts |
| 12 | necessary to pay the costs of the collection and enforcement of |
| 13 | the tax levied by this chapter. Such costs and the service |
| 14 | charge may not be levied against any portion of taxes pledged to |
| 15 | debt service on bonds to the extent that the costs and service |
| 16 | charge are required to pay any amounts relating to the bonds. |
| 17 | After distributions are made pursuant to subsection (1), all of |
| 18 | the costs of the collection and enforcement of the tax levied by |
| 19 | this chapter and the service charge shall be available and |
| 20 | transferred to the extent necessary to pay debt service and any |
| 21 | other amounts payable with respect to bonds authorized before |
| 22 | July 1, 2009, secured by revenues distributed pursuant to |
| 23 | subsection (1). All taxes remaining after deduction of costs and |
| 24 | the service charge shall be distributed as follows: |
| 25 | (1) Sixty-three and thirty-one hundredths percent of the |
| 26 | remaining taxes collected under this chapter shall be used for |
| 27 | the following purposes: |
| 28 | (a) Amounts necessary to pay the debt service on, or fund |
| 29 | debt service reserve funds, rebate obligations, or other amounts |
| 30 | payable with respect to Preservation 2000 bonds issued pursuant |
| 31 | to s. 375.051 and Florida Forever bonds issued pursuant to s. |
| 32 | 215.618, shall be paid into the State Treasury to the credit of |
| 33 | the Land Acquisition Trust Fund to be used for such purposes. |
| 34 | The amount transferred to the Land Acquisition Trust Fund may |
| 35 | not exceed $300 million in fiscal year 1999-2000 and thereafter |
| 36 | for Preservation 2000 bonds and bonds issued to refund |
| 37 | Preservation 2000 bonds, and $300 million in fiscal year 2000- |
| 38 | 2001 and thereafter for Florida Forever bonds. The annual amount |
| 39 | transferred to the Land Acquisition Trust Fund for Florida |
| 40 | Forever bonds may not exceed $30 million in the first fiscal |
| 41 | year in which bonds are issued. The limitation on the amount |
| 42 | transferred shall be increased by an additional $30 million in |
| 43 | each subsequent fiscal year, but may not exceed a total of $300 |
| 44 | million in any fiscal year for all bonds issued. It is the |
| 45 | intent of the Legislature that all bonds issued to fund the |
| 46 | Florida Forever Act be retired by December 31, 2040. Except for |
| 47 | bonds issued to refund previously issued bonds, no series of |
| 48 | bonds may be issued pursuant to this paragraph unless such bonds |
| 49 | are approved and the debt service for the remainder of the |
| 50 | fiscal year in which the bonds are issued is specifically |
| 51 | appropriated in the General Appropriations Act. For purposes of |
| 52 | refunding Preservation 2000 bonds, amounts designated within |
| 53 | this section for Preservation 2000 and Florida Forever bonds may |
| 54 | be transferred between the two programs to the extent provided |
| 55 | for in the documents authorizing the issuance of the bonds. The |
| 56 | Preservation 2000 bonds and Florida Forever bonds shall be |
| 57 | equally and ratably secured by moneys distributable to the Land |
| 58 | Acquisition Trust Fund pursuant to this section, except to the |
| 59 | extent specifically provided otherwise by the documents |
| 60 | authorizing the issuance of the bonds. No moneys transferred to |
| 61 | the Land Acquisition Trust Fund pursuant to this paragraph, or |
| 62 | earnings thereon, shall be used or made available to pay debt |
| 63 | service on the Save Our Coast revenue bonds. |
| 64 | (b) Moneys shall be paid into the State Treasury to the |
| 65 | credit of the Save Our Everglades Trust Fund in amounts |
| 66 | necessary to pay debt service, provide reserves, and pay rebate |
| 67 | obligations and other amounts due with respect to bonds issued |
| 68 | under s. 215.619. Taxes distributed under paragraph (a) and this |
| 69 | paragraph must be collectively distributed on a pro rata basis |
| 70 | when the available moneys under this subsection are not |
| 71 | sufficient to cover the amounts required under paragraph (a) and |
| 72 | this paragraph. |
| 73 | (c) The remainder of the moneys distributed under this |
| 74 | subsection, after the required payments under paragraphs (a) and |
| 75 | (b), shall be paid into the State Treasury to the credit of: |
| 76 | 1. The State Transportation Trust Fund in the Department |
| 77 | of Transportation in the amount of the lesser of 38.2 percent of |
| 78 | the remainder or $541.75 million in each fiscal year, to be used |
| 79 | for the following specified purposes, notwithstanding any other |
| 80 | law to the contrary: |
| 81 | a. For the purposes of capital funding for the New Starts |
| 82 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
| 83 | specified in s. 341.051, 10 percent of these funds; |
| 84 | b. For the purposes of the Small County Outreach Program |
| 85 | specified in s. 339.2818, 5 percent of these funds; |
| 86 | c. For the purposes of the Strategic Intermodal System |
| 87 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
| 88 | of these funds after allocating for the New Starts Transit |
| 89 | Program described in sub-subparagraph a. and the Small County |
| 90 | Outreach Program described in sub-subparagraph b.; and |
| 91 | d. For the purposes of the Transportation Regional |
| 92 | Incentive Program specified in s. 339.2819, 25 percent of these |
| 93 | funds after allocating for the New Starts Transit Program |
| 94 | described in sub-subparagraph a. and the Small County Outreach |
| 95 | Program described in sub-subparagraph b. |
| 96 | 2. The Water Protection and Sustainability Program Trust |
| 97 | Fund in the Department of Environmental Protection in the amount |
| 98 | of the lesser of 5.64 percent of the remainder or $80 million in |
| 99 | each fiscal year, to be used as required by s. 403.890. |
| 100 | 3. The Grants and Donations Trust Fund in the Department |
| 101 | of Community Affairs in the amount of the lesser of .23 percent |
| 102 | of the remainder or $3.25 million in each fiscal year, with 92 |
| 103 | percent to be used to fund technical assistance to local |
| 104 | governments and school boards on the requirements and |
| 105 | implementation of this act and the remaining amount to be used |
| 106 | to fund the Century Commission established in s. 163.3247. |
| 107 | 4. The Ecosystem Management and Restoration Trust Fund in |
| 108 | the amount of the lesser of 2.12 percent of the remainder or $30 |
| 109 | million in each fiscal year, to be used for the preservation and |
| 110 | repair of the state's beaches as provided in ss. 161.091- |
| 111 | 161.212. |
| 112 | 5. The Marine Resources Conservation Trust Fund in the |
| 113 | amount of the lesser of .14 percent of the remainder or $2 |
| 114 | million in each fiscal year, to be used for marine mammal care |
| 115 | as provided in s. 379.208(3). |
| 116 | 6. General Inspection Trust Fund in the amount of the |
| 117 | lesser of .02 percent of the remainder or $300,000 in each |
| 118 | fiscal year to be used to fund oyster management and restoration |
| 119 | programs as provided in s. 379.362(3). |
| 120 |
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| 121 | Moneys distributed pursuant to this paragraph may not be pledged |
| 122 | for debt service unless such pledge is approved by referendum of |
| 123 | the voters. |
| 124 | (d) The remainder of the moneys distributed under this |
| 125 | subsection, after the required payments under paragraphs (a), |
| 126 | (b), and (c), shall be paid into the State Treasury to the |
| 127 | credit of the General Revenue Fund to be used and expended for |
| 128 | the purposes for which the General Revenue Fund was created and |
| 129 | exists by law. |
| 130 | (2) The lesser of 7.56 percent of the remaining taxes |
| 131 | collected under this chapter or $84.9 million in each fiscal |
| 132 | year shall be paid into the State Treasury to the credit of the |
| 133 | Land Acquisition Trust Fund. Sums deposited in the fund pursuant |
| 134 | to this subsection may be used for any purpose for which funds |
| 135 | deposited in the Land Acquisition Trust Fund may lawfully be |
| 136 | used. |
| 137 | (3)(a) Through the 2008-2009 fiscal year, the lesser of |
| 138 | 1.94 percent of the remaining taxes collected under this chapter |
| 139 | or $26 million in each fiscal year shall be paid into the State |
| 140 | Treasury to the credit of the Land Acquisition Trust Fund. |
| 141 | (b) Beginning with the 2009-2010 fiscal year, the lesser |
| 142 | of 1.94 percent of the remaining taxes collected under this |
| 143 | chapter or $26 million in each fiscal year shall be distributed |
| 144 | in the following order: |
| 145 | 1. Amounts necessary to pay debt service or to fund debt |
| 146 | service reserve funds, rebate obligations, or other amounts |
| 147 | payable with respect to bonds issued before February 1, 2009, |
| 148 | pursuant to this subsection shall be paid into the State |
| 149 | Treasury to the credit of the Land Acquisition Trust Fund. |
| 150 | 2. Eleven million dollars shall be paid into the State |
| 151 | Treasury to the credit of the General Revenue Fund. |
| 152 | 3. The remainder shall be paid into the State Treasury to |
| 153 | the credit of the Land Acquisition Trust Fund. |
| 154 | (c) Moneys deposited in the Land Acquisition Trust Fund |
| 155 | pursuant to this subsection shall be used to acquire coastal |
| 156 | lands or to pay debt service on bonds issued to acquire coastal |
| 157 | lands and to develop and manage lands acquired with moneys from |
| 158 | the trust fund. |
| 159 | (4) The lesser of 4.2 percent of the remaining taxes |
| 160 | collected under this chapter or $60.5 million in each fiscal |
| 161 | year shall be paid into the State Treasury to the credit of the |
| 162 | Water Management Lands Trust Fund. Sums deposited in that fund |
| 163 | may be used for any purpose authorized in s. 373.59. |
| 164 | (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the |
| 165 | remaining taxes collected under this chapter shall be paid into |
| 166 | the State Treasury to the credit of the Conservation and |
| 167 | Recreation Lands Trust Fund to carry out the purposes set forth |
| 168 | in s. 259.032. Ten and five-hundredths percent of the amount |
| 169 | credited to the Conservation and Recreation Lands Trust Fund |
| 170 | pursuant to this subsection shall be transferred to the State |
| 171 | Game Trust Fund and used for land management activities. |
| 172 | (b) Beginning July 1, 2008, 3.52 percent of the remaining |
| 173 | taxes collected under this chapter shall be paid into the State |
| 174 | Treasury to the credit of the Conservation and Recreation Lands |
| 175 | Trust Fund to carry out the purposes set forth in s. 259.032. |
| 176 | Eleven and fifteen hundredths percent of the amount credited to |
| 177 | the Conservation and Recreation Lands Trust Fund pursuant to |
| 178 | this subsection shall be transferred to the State Game Trust |
| 179 | Fund and used for land management activities. |
| 180 | (6) The lesser of 2.28 percent of the remaining taxes |
| 181 | collected under this chapter or $34.1 million in each fiscal |
| 182 | year shall be paid into the State Treasury to the credit of the |
| 183 | Invasive Plant Control Trust Fund to carry out the purposes set |
| 184 | forth in ss. 369.22 and 369.252. |
| 185 | (7) The lesser of .5 percent of the remaining taxes |
| 186 | collected under this chapter or $9.3 million in each fiscal year |
| 187 | shall be paid into the State Treasury to the credit of the State |
| 188 | Game Trust Fund to be used exclusively for the purpose of |
| 189 | implementing the Lake Restoration 2020 Program. |
| 190 | (8) One-half of one percent of the remaining taxes |
| 191 | collected under this chapter shall be paid into the State |
| 192 | Treasury and divided equally to the credit of the Department of |
| 193 | Environmental Protection Water Quality Assurance Trust Fund to |
| 194 | address water quality impacts associated with nonagricultural |
| 195 | nonpoint sources and to the credit of the Department of |
| 196 | Agriculture and Consumer Services General Inspection Trust Fund |
| 197 | to address water quality impacts associated with agricultural |
| 198 | nonpoint sources, respectively. These funds shall be used for |
| 199 | research, development, demonstration, and implementation of |
| 200 | suitable best management practices or other measures used to |
| 201 | achieve water quality standards in surface waters and water |
| 202 | segments identified pursuant to ss. 303(d) of the Clean Water |
| 203 | Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
| 204 | Implementation of best management practices and other measures |
| 205 | may include cost-share grants, technical assistance, |
| 206 | implementation tracking, and conservation leases or other |
| 207 | agreements for water quality improvement. The Department of |
| 208 | Environmental Protection and the Department of Agriculture and |
| 209 | Consumer Services may adopt rules governing the distribution of |
| 210 | funds for implementation of best management practices. The |
| 211 | unobligated balance of funds received from the distribution of |
| 212 | taxes collected under this chapter to address water quality |
| 213 | impacts associated with nonagricultural nonpoint sources will be |
| 214 | excluded when calculating the unobligated balance of the Water |
| 215 | Quality Assurance Trust Fund as it relates to the determination |
| 216 | of the applicable excise tax rate. |
| 217 | (9) The lesser of 7.53 percent of the remaining taxes |
| 218 | collected under this chapter or $107 million in each fiscal year |
| 219 | shall be paid into the State Treasury to the credit of the State |
| 220 | Housing Trust Fund and shall be used as follows: |
| 221 | (a) Half of that amount shall be used for the purposes for |
| 222 | which the State Housing Trust Fund was created and exists by |
| 223 | law. |
| 224 | (b) Half of that amount shall be paid into the State |
| 225 | Treasury to the credit of the Local Government Housing Trust |
| 226 | Fund and shall be used for the purposes for which the Local |
| 227 | Government Housing Trust Fund was created and exists by law. |
| 228 | (10) The lesser of 8.66 percent of the remaining taxes |
| 229 | collected under this chapter or $136 million in each fiscal year |
| 230 | shall be paid into the State Treasury to the credit of the State |
| 231 | Housing Trust Fund and shall be used as follows: |
| 232 | (a) Twelve and one-half percent of that amount shall be |
| 233 | deposited into the State Housing Trust Fund and be expended by |
| 234 | the Department of Community Affairs and by the Florida Housing |
| 235 | Finance Corporation for the purposes for which the State Housing |
| 236 | Trust Fund was created and exists by law. |
| 237 | (b) Eighty-seven and one-half percent of that amount shall |
| 238 | be distributed to the Local Government Housing Trust Fund and |
| 239 | shall be used for the purposes for which the Local Government |
| 240 | Housing Trust Fund was created and exists by law. Funds from |
| 241 | this category may also be used to provide for state and local |
| 242 | services to assist the homeless. |
| 243 | (11) The distribution of proceeds deposited into the Water |
| 244 | Management Lands Trust Fund and the Conservation and Recreation |
| 245 | Lands Trust Fund, pursuant to subsections (4) and (5), may not |
| 246 | be used for land acquisition but may be used for preacquisition |
| 247 | costs associated with land purchases. The Legislature intends |
| 248 | that the Florida Forever program supplant the acquisition |
| 249 | programs formerly authorized under ss. 259.032 and 373.59. |
| 250 | (12) Amounts distributed pursuant to subsections (5), (6), |
| 251 | (7), and (8) are subject to the payment of debt service on |
| 252 | outstanding Conservation and Recreation Lands revenue bonds. |
| 253 | (13) Beginning July 1, 2008, in each fiscal year that the |
| 254 | remaining taxes collected under this chapter exceed collections |
| 255 | in the prior fiscal year, the stated maximum dollar amounts |
| 256 | provided in subsections (2), (4), (6), (7), (9), and (10) shall |
| 257 | each be increased by an amount equal to 10 percent of the |
| 258 | increase in the remaining taxes collected under this chapter |
| 259 | multiplied by the applicable percentage provided in those |
| 260 | subsections. |
| 261 | (14) If the payment requirements in any year for bonds |
| 262 | outstanding on July 1, 2007, or bonds issued to refund such |
| 263 | bonds, exceed the limitations of this section, distributions to |
| 264 | the trust fund from which the bond payments are made shall be |
| 265 | increased to the lesser of the amount needed to pay bond |
| 266 | obligations or the limit of the applicable percentage |
| 267 | distribution provided in subsections (1)-(10). |
| 268 | (15) Distributions to the State Housing Trust Fund |
| 269 | pursuant to subsections (9) and (10) shall be sufficient to |
| 270 | cover amounts required to be transferred to the Florida |
| 271 | Affordable Housing Guarantee Program's annual debt service |
| 272 | reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b) |
| 273 | up to but not exceeding the amount required to be transferred to |
| 274 | such reserve and fund based on the percentage distribution of |
| 275 | documentary stamp tax revenues to the State Housing Trust Fund |
| 276 | which is in effect in the 2004-2005 fiscal year. |
| 277 | (16) If amounts necessary to pay debt service or any other |
| 278 | amounts payable with respect to Preservation 2000 bonds, Florida |
| 279 | Forever bonds, or Everglades Restoration bonds authorized before |
| 280 | July 1, 2009, exceed the amounts distributable pursuant to |
| 281 | subsection (1), all moneys distributable pursuant to this |
| 282 | section are available for such obligations and transferred in |
| 283 | the amounts necessary to pay such obligations when due. However, |
| 284 | amounts distributable pursuant to subsection (2), subsection |
| 285 | (3), subsection (4), subsection (5), paragraph (9)(a), or |
| 286 | paragraph (10)(a) are not available to pay such obligations to |
| 287 | the extent that such moneys are necessary to pay debt service on |
| 288 | bonds secured by revenues pursuant to those provisions. |
| 289 | (17)(16) The remaining taxes collected under this chapter, |
| 290 | after the distributions provided in the preceding subsections, |
| 291 | shall be paid into the State Treasury to the credit of the |
| 292 | General Revenue Fund. |
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| 298 | ----------------------------------------------------- |
| 299 | T I T L E A M E N D M E N T |
| 300 | Remove line 52 and insert: |
| 301 | requirements; amending s. 201.15, F.S.; requiring certain costs |
| 302 | to be available and transferred to the extent necessary to pay |
| 303 | certain debt service and other amounts relating to certain |
| 304 | bonds; providing for the availability of certain distributable |
| 305 | moneys for certain obligations and transfer certain amounts to |
| 306 | pay such obligations; providing exceptions; |
| 307 |
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