Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 2602
       
       
       
       
       
       
                                Barcode 272622                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/16/2009 11:30 AM       .                                
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       Senator Dockery moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 970 and 971
    4  insert:
    5         Section 37. 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 collected
    9  under this chapter are subject to the service charge imposed in
   10  s. 215.20(1). Prior to distribution under this section, the
   11  Department of Revenue shall deduct amounts necessary to pay the
   12  costs of the collection and enforcement of the tax levied by
   13  this chapter. Such costs and the service charge may not be
   14  levied against any portion of taxes pledged to debt service on
   15  bonds to the extent that the costs and service charge are
   16  required to pay any amounts relating to the bonds. After
   17  distributions are made pursuant to subsection (1), all of the
   18  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 secured by revenues
   22  distributed pursuant to subsection (1). All taxes remaining
   23  after deduction of costs and the service charge shall be
   24  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 of
   77  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 of
  101  Community Affairs in the amount of the lesser of .23 percent of
  102  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  
  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 of
  142  1.94 percent of the remaining taxes collected under this chapter
  143  or $26 million in each fiscal year shall be distributed in the
  144  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 pursuant
  269  to subsections (9) and (10) shall be sufficient to cover amounts
  270  required to be transferred to the Florida Affordable Housing
  271  Guarantee Program’s annual debt service reserve and guarantee
  272  fund pursuant to s. 420.5092(6)(a) and (b) up to but not
  273  exceeding the amount required to be transferred to such reserve
  274  and fund based on the percentage distribution of documentary
  275  stamp tax revenues to the State Housing Trust Fund which is in
  276  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 issued prior to
  280  July 1, 2009, exceed the amounts distributable pursuant to
  281  subsection (1), all moneys distributable pursuant to this
  282  section shall be available for such obligations and transferred
  283  in the amounts necessary to pay such obligations when due.
  284  Notwithstanding the above, amounts distributable pursuant to
  285  subsection (2), paragraph (3)(b), subsection (4), subsection
  286  (5), paragraph (9)(a), or paragraph (10)(a) shall not be
  287  available to pay such obligations to the extent that such moneys
  288  are necessary to pay debt service on bonds secured by revenues
  289  pursuant to those subsections.
  290         (17)(16) The remaining taxes collected under this chapter,
  291  after the distributions provided in the preceding subsections,
  292  shall be paid into the State Treasury to the credit of the
  293  General Revenue Fund.
  294         Section 38. The amendment to s. 201.15, Florida Statutes,
  295  made by this act shall expire July 1, 2010, and the text of that
  296  section shall revert to that in existence on June 30, 2009,
  297  except that any amendments to such text enacted other than by
  298  this act shall be preserved and continue to operate to the
  299  extent that such amendments are not dependent upon the portions
  300  of such text which expire pursuant to this section.
  301  
  302  ================= T I T L E  A M E N D M E N T ================
  303         And the title is amended as follows:
  304         Delete line 157
  305  and insert:
  306         travel in writing; providing exceptions; amending s.
  307         201.15, F.S.; authorizing the use of specified
  308         proceeds from the excise tax on documents for certain
  309         debt service obligations; authorizing the use of
  310         proceeds from the excise tax on documents for
  311         specified debt service obligations under certain
  312         conditions; providing for reversion of statutory text
  313         of certain provisions; providing for