1 | Representative Lopez-Cantera offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (080181) (with title |
4 | amendment) |
5 | Remove everything after the enacting clause and insert: |
6 | Section 1. Section 3 of chapter 83-220, Laws of Florida, |
7 | as amended by section 1 of chapter 84-270, Laws of Florida, and |
8 | section 1 of chapter 89-252, Laws of Florida, is amended to |
9 | read: |
10 | Section 3. Sections 1 and 2 of chapter 83-220, Laws of |
11 | Florida, as amended by this act, are repealed effective October |
12 | 1, 2031 2011. |
13 | Section 2. Section 125.0167, Florida Statutes, is amended |
14 | to read: |
15 | 125.0167 Discretionary surtax on documents; adoption; |
16 | application of revenue.-- |
17 | (1) Pursuant to the provisions of s. 201.031, the |
18 | governing authority in each county, as defined by s. 125.011(1), |
19 | is authorized to levy a discretionary surtax on documents for |
20 | the purpose of establishing and financing a Housing Assistance |
21 | Loan Trust Fund to assist in the financing of construction, |
22 | rehabilitation, or purchase of housing for low-income and |
23 | moderate-income families. No less than 50 percent of the funds |
24 | used in each county to provide such housing assistance shall be |
25 | for the benefit of low-income families. For the purpose of this |
26 | section, "low-income family" means a family whose income does |
27 | not exceed 80 percent of the median income for the area, and |
28 | "moderate-income family" means a family whose income is in |
29 | excess of 80 percent but less than 140 percent of the median |
30 | income for the area. For purposes of this section, the term |
31 | "housing" is not limited to single-family, detached dwellings. |
32 | The rate of the surtax shall not exceed the rate of 45 cents for |
33 | each $100 or fractional part thereof of the consideration |
34 | therefor. Such surtax shall apply only to those documents |
35 | taxable under s. 201.02, except that there shall be no surtax on |
36 | any document pursuant to which the interest granted, assigned, |
37 | transferred, or conveyed involves only a single-family |
38 | residence. Such single-family residence may be a condominium |
39 | unit, a unit held through stock ownership or membership |
40 | representing a proprietary interest in a corporation owning a |
41 | fee or a leasehold initially in excess of 98 years, or a |
42 | detached dwelling. |
43 | (2) The levy of the discretionary surtax and the creation |
44 | of a Housing Assistance Loan Trust Fund shall be by ordinance |
45 | which shall set forth the policies and procedures of the |
46 | assistance program. The ordinance shall be proposed at a regular |
47 | meeting of the governing authority at least 2 weeks prior to |
48 | formal adoption. Formal adoption shall not be effective unless |
49 | approved on final vote by a majority of the total membership of |
50 | the governing authority. The ordinance shall not take effect |
51 | until 90 days after formal adoption. |
52 | (3) The county shall deposit revenues from the |
53 | discretionary surtax in the Housing Assistance Loan Trust Fund |
54 | of the county, except that a portion of such revenues may be |
55 | deposited into the Home Investment Trust Fund of the county as |
56 | defined by and created pursuant to the requirements of federal |
57 | law. The county shall use the revenues only to help finance the |
58 | construction, rehabilitation, or purchase of housing for low- |
59 | income families and moderate-income families, to pay necessary |
60 | costs of collection and enforcement of the surtax, and to fund |
61 | any local matching contributions required pursuant to federal |
62 | law. For purposes of this section, authorized uses of the |
63 | revenues include, but are not limited to, providing funds for |
64 | first and second mortgages and acquiring property for the |
65 | purpose of forming housing cooperatives. Special consideration |
66 | shall be given toward using the revenues in the neighborhood |
67 | economic development programs of community development |
68 | corporations. No more than 50 percent of the revenues collected |
69 | each year pursuant to this section may be used to help finance |
70 | new construction as provided herein. The proceeds of the surtax |
71 | shall not be used for rent subsidies or grants. |
72 | (4) No more than 10 percent of surtax revenues collected |
73 | under this section by the Department of Revenue and remitted to |
74 | the county in any fiscal year may be used for administrative |
75 | costs. |
76 | (5)(a) Notwithstanding the provisions of subsection (3), |
77 | of the discretionary surtax revenues collected by the Department |
78 | of Revenue remaining after any deduction for administrative |
79 | costs as provided in subsection (4), no less than 35 percent |
80 | shall be used to provide homeownership assistance for low-income |
81 | and moderate-income families, and no less than 35 percent shall |
82 | be used for construction, rehabilitation, and purchase of rental |
83 | housing units. The remaining amount may be allocated to provide |
84 | for homeownership assistance or rental housing units, at the |
85 | discretion of the county. Any funds allocated for homeownership |
86 | assistance or rental housing units that are not committed at the |
87 | end of the fiscal year shall be reallocated in subsequent years |
88 | consistent with the provisions of this subsection such that no |
89 | less than 35 percent shall be reallocated to provide |
90 | homeownership assistance for low-income and moderate-income |
91 | families and no less than 35 percent shall be reallocated for |
92 | construction, rehabilitation, and purchase of rental housing |
93 | units. The remaining amount of uncommitted funds may be |
94 | reallocated at the discretion of the county within any of the |
95 | categories established in this subsection. |
96 | (b) For purposes of this subsection, the term |
97 | "homeownership assistance" means assisting low-income and |
98 | moderate-income families in purchasing a home as their primary |
99 | residence, including, but not limited to, reducing the cost of |
100 | the home with below-market construction financing, the amount of |
101 | down payment and closing costs paid by the borrower, or the |
102 | mortgage payment to an affordable amount for the purchaser or |
103 | using any other financial assistance measure set forth in s. |
104 | 420.5088. |
105 | (6) Rehabilitation of housing owned by a recipient |
106 | government may be authorized only after a determination approved |
107 | by a majority of the governing body that no other sources of |
108 | funds are available. |
109 | (7)(a) The governing body of each county as defined in s. |
110 | 125.011(1) may, by county ordinance and pursuant to procedures |
111 | and requirements provided by such ordinance, create a housing |
112 | choice assistance voucher program. |
113 | (b) For purposes of this subsection, the term: |
114 | 1. "Housing choice assistance voucher" means the document |
115 | used to access assistance paid by the county from the |
116 | discretionary surtax balance in the Housing Assistance Trust |
117 | Fund to a prospective purchaser of a single-family residence, |
118 | which must be the purchaser's homestead. |
119 | 2. "Purchasing employer" means a business or business |
120 | entity that has acquired real property within the county and |
121 | paid the surtax due as a result of the acquisition of that |
122 | property pursuant to this section. |
123 | (c) Housing choice assistance vouchers shall be used for |
124 | down payment assistance for the purchase of a single-family |
125 | residence by low-income or moderate-income persons within the |
126 | county and within a 5-mile radius of the purchasing employer who |
127 | are: |
128 | 1. Actively employed by the purchasing employer or by a |
129 | business entity directly affiliated with the purchasing |
130 | employer. |
131 | 2. Prequalified for a mortgage loan by a certified lending |
132 | institution. |
133 | (d) Upon payment of the discretionary surtax pursuant to |
134 | this section, the purchasing employer may file for an allocation |
135 | for housing choice assistance vouchers from the county in an |
136 | amount not to exceed 50 percent of the amount of the |
137 | discretionary surtax paid. The purchasing employer shall |
138 | distribute the allocation to employees in the form of housing |
139 | choice assistance vouchers pursuant to rules and procedures |
140 | established for the program. |
141 | (e) Any housing choice assistance voucher allocation not |
142 | distributed to employees and redeemed by an employee within 1 |
143 | year after the date the discretionary surtax is paid may not be |
144 | used for housing choice assistance vouchers under this |
145 | subsection. |
146 | (f) Any housing assistance paid pursuant to the housing |
147 | choice assistance voucher program shall be included in the |
148 | calculation determining the percentage of discretionary surtax |
149 | funds used for homeownership purposes during the year in which |
150 | the surtax funds for such purposes are expended. |
151 | (8) By June 30, 2012, and every 5 years thereafter, the |
152 | Office of Program Policy Analysis and Government Accountability |
153 | shall review the discretionary surtax program operated by |
154 | counties under this section and shall provide a report to the |
155 | President of the Senate and the Speaker of the House of |
156 | Representatives. |
157 | Section 3. (1) The Legislature finds that the Florida |
158 | Supreme Court opinion in Crescent Miami Center, LLC v. Florida |
159 | Department of Revenue, 903 So. 2d 913 (Fla. 2005), interprets s. |
160 | 201.02, Florida Statutes, in a manner that permits tax avoidance |
161 | inconsistent with the intent of the Legislature at the time said |
162 | statute was amended in 1990. |
163 | (2) The Legislature finds that the District Court of |
164 | Appeals for the Third District of Florida opinion in Crescent |
165 | Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d |
166 | 904 (Fla. 3d D.C.A. 2003), interprets s. 201.02, Florida |
167 | Statutes, in a manner that prevents tax avoidance consistent |
168 | with the intent of the Legislature at the time said statute was |
169 | amended in 1990. |
170 | (3) The Legislature intends, by this act, to prevent tax |
171 | avoidance through the use of artificial entities to transfer the |
172 | beneficial ownership of real property that changes, by a step or |
173 | series of steps, excluding certain entities that are used for |
174 | estate planning purposes. |
175 | Section 4. Subsection (1) of section 201.02, Florida |
176 | Statutes, is amended and subsections (11) through (13) are added |
177 | to that section, to read: |
178 | 201.02 Tax on deeds and other instruments relating to real |
179 | property or interests in real property.-- |
180 | (1)(a) On deeds, instruments, or writings whereby any |
181 | lands, tenements, or other real property, or any interest |
182 | therein, shall be granted, assigned, transferred, or otherwise |
183 | conveyed to, or vested in, the purchaser or any other person by |
184 | his or her direction, on each $100 of the consideration therefor |
185 | the tax shall be 70 cents. When the full amount of the |
186 | consideration for the execution, assignment, transfer, or |
187 | conveyance is not shown in the face of such deed, instrument, |
188 | document, or writing, the tax shall be at the rate of 70 cents |
189 | for each $100 or fractional part thereof of the consideration |
190 | therefor. For purposes of this section, consideration includes, |
191 | but is not limited to, the money paid or agreed to be paid; the |
192 | discharge of an obligation; and the amount of any mortgage, |
193 | purchase money mortgage lien, or other encumbrance, whether or |
194 | not the underlying indebtedness is assumed. If the consideration |
195 | paid or given in exchange for real property or any interest |
196 | therein includes property other than money, it is presumed that |
197 | the consideration is equal to the fair market value of the real |
198 | property or interest therein. |
199 | (b) Except as provided in subsection (11), consideration |
200 | is given for real property when conveyance of an interest in |
201 | real property is made between a person or persons and a legal |
202 | entity, or between legal entities, whether or not the conveyance |
203 | is characterized as a mere change in the method of holding title |
204 | or of the legal form of ownership or the proportional beneficial |
205 | interests of all parties remain the same before and after the |
206 | conveyance. The consideration given is presumed to equal the |
207 | fair market value of the real property or interest therein. |
208 | (11) The conveyance of an interest in real property |
209 | between a person or persons and a legal entity or between legal |
210 | entities is exempt from the tax imposed by paragraph (1)(b) when |
211 | the conveyance is not a precursor to the transfer of the |
212 | ownership or control of an interest in the entity or a |
213 | conveyance of the real property by whatever method, means, or |
214 | operation of law. If within 3 years from the date of the |
215 | conveyance exempt pursuant to this section a subsequent direct |
216 | or indirect transfer of all or a portion of an interest in the |
217 | entity or a conveyance of the real property is made, the |
218 | original conveyance is presumed to have been a precursor to the |
219 | transfer or conveyance and the tax imposed by this section is |
220 | due on the subsequent transfer or conveyance of that portion of |
221 | the real property transferred measured by the fair market value |
222 | of the portion of the transferred real property at the time of |
223 | the subsequent transfer or conveyance. |
224 | (12) The requirements of this section do not apply to any |
225 | deed, instrument, or other writing which transfers or conveys |
226 | real property, or an interest therein, other than that portion |
227 | subject to the tax imposed by paragraph (1)(a), when the |
228 | transfer or conveyance is by inter vivos gift for purposes of |
229 | estate planning, or when by reason of the death of any person, |
230 | such real property, or interests therein, are transferred |
231 | outright to, or in trust for the benefit of, any person or |
232 | entity. |
233 | (13) The documentary stamp tax imposed by this section |
234 | applies to a deed, instrument, or writing that transfers any |
235 | interest in real property pursuant to a short sale, as defined |
236 | in this subsection. The taxable consideration for a short sale |
237 | transfer does not include unpaid indebtedness that is forgiven |
238 | or released by a mortgagee holding a mortgage on the grantor's |
239 | interest in the property. A short sale is a purchase and sale of |
240 | real property in which: |
241 | (a) The grantor's interest in the real property is |
242 | encumbered by a mortgage or mortgages securing indebtedness in |
243 | an aggregate amount greater than the purchase price paid by the |
244 | grantee; |
245 | (b) A mortgagee releases the real property from its |
246 | mortgage in exchange for a partial payment of less than all of |
247 | the outstanding mortgage indebtedness owing to the releasing |
248 | mortgagee; |
249 | (c) The releasing mortgagee does not receive, directly or |
250 | indirectly, any interest in the property transferred; and |
251 | (d) The releasing mortgagee, grantor, and grantee are |
252 | dealing with each other at arm's length. |
253 | Section 5. The amendments to subsections (1), (11), and |
254 | (12) of section 201.02, Florida Statutes, made by this act and |
255 | the provisions of section 3 of this act are intended to be |
256 | clarifying and remedial in nature, but do not provide a basis |
257 | for assessments of tax, or refunds of tax, for periods before |
258 | July 1, 2009. |
259 | Section 6. Effective upon this act becoming a law, the |
260 | Department of Revenue is authorized, and all conditions are |
261 | deemed met, to adopt emergency rules under ss. 120.536(1) and |
262 | 120.54(4), Florida Statutes, to implement s. 201.02(13), Florida |
263 | Statutes, as created by section 4 of this act, relating to short |
264 | sales. Notwithstanding any other provision of law, such |
265 | emergency rules shall remain effective for 6 months after the |
266 | date of adoption and may be renewed during the pendency of |
267 | procedures to adopt rules addressing the subject of the |
268 | emergency rules. |
269 | Section 7. Section 201.031, Florida Statutes, is amended |
270 | to read: |
271 | 201.031 Discretionary surtax; administration and |
272 | collection; Housing Assistance Loan Trust Fund; reporting |
273 | requirements.-- |
274 | (1) Each county, as defined by s. 125.011(1), may levy, |
275 | subject to the provisions of s. 125.0167, a discretionary surtax |
276 | on documents taxable under the provisions of s. 201.02, except |
277 | that there shall be no surtax on any document pursuant to which |
278 | the interest granted, assigned, transferred, or conveyed |
279 | involves only a single-family residence. The Such single-family |
280 | residence may be a condominium unit, a unit held through stock |
281 | ownership or membership representing a proprietary interest in a |
282 | corporation owning a fee or a leasehold initially in excess of |
283 | 98 years, or a detached dwelling. |
284 | (2) All provisions of chapter 201, except s. 201.15, shall |
285 | apply to the surtax. The Department of Revenue shall pay to the |
286 | governing authority of the county which levies the surtax all |
287 | taxes, penalties, and interest collected under this section less |
288 | any costs of administration. |
289 | (3) Each county that which levies the surtax shall: |
290 | (a) Include in the financial report required under s. |
291 | 218.32 information showing the revenues and the expenses of the |
292 | trust fund for the fiscal year. |
293 | (b) Adopt a housing plan every 3 years which includes |
294 | provisions substantially similar to the plans required in s. |
295 | 420.9075(1). |
296 | (c) Have adopted an affordable housing element of its |
297 | comprehensive land use plan which complies with s. |
298 | 163.3177(6)(f). |
299 | (d) Require by resolution that the staff or entity that |
300 | has administrative authority for implementing the housing plan |
301 | prepare and submit to the county's governing body an annual |
302 | report substantially similar to the annual report required in s. |
303 | 420.9075(10). |
304 | Section 8. Paragraph (a) of subsection (1) of section |
305 | 719.105, Florida Statutes, is amended to read: |
306 | 719.105 Cooperative parcels; appurtenances; possession and |
307 | enjoyment.-- |
308 | (1) Each cooperative parcel has, as appurtenances thereto: |
309 | (a) Evidence of membership, ownership of shares, or other |
310 | interest in the association with the full voting rights |
311 | appertaining thereto. Such evidence must include a legal |
312 | description of each dwelling unit and must be recorded in the |
313 | office of the clerk of the circuit court as required by s. |
314 | 201.02(4) s. 201.02(3). |
315 | Section 9. Pursuant to s. 201.15(1)(a), Florida Statutes, |
316 | the issuance of $50 million of Florida Forever bonds is |
317 | authorized, in addition to any previously authorized bonds. For |
318 | the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated |
319 | from the Land Acquisition Trust Fund to the Department of |
320 | Environmental Protection for debt service on the new bonds. The |
321 | proceeds of such bonds shall be distributed in accordance with |
322 | s. 259.105(3), Florida Statutes. The Department of Environmental |
323 | Protection and the agencies receiving such bond proceeds are |
324 | appropriated budget authority necessary to transfer and expend |
325 | the respective amounts of the distributed bond proceeds. |
326 | Section 10. (1) Pursuant to s. 215.619(1), Florida |
327 | Statutes, the issuance of $50 million of Everglades Restoration |
328 | bonds is authorized, in addition to any previously authorized |
329 | bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is |
330 | appropriated from the Save Our Everglades Trust Fund to the |
331 | Department of Environmental Protection for debt service on the |
332 | new bonds. |
333 | (2) The sum of $47 million is appropriated from the Save |
334 | Our Everglades Trust Fund to the Department of Environmental |
335 | Protection for the design and construction of Comprehensive |
336 | Everglades Restoration Plan components, Lake Okeechobee |
337 | Protection Plan components, and Caloosahatchee and St. Lucie |
338 | River Watershed Protection Plan components, and for the |
339 | acquisition of lands needed for these project components. The |
340 | sum of $3 million is appropriated from the Save Our Everglades |
341 | Trust Fund to the Department of Environmental Protection for |
342 | transfer to the Department of Agriculture and Consumer Services |
343 | into the General Inspection Trust Fund to fund activities |
344 | authorized in subsection (3). |
345 | (3) The sum of $3 million is appropriated from the General |
346 | Inspections Trust Fund to the Department of Agriculture and |
347 | Consumer Services for the purpose of implementing agricultural |
348 | nonpoint source controls in the Okeechobee, Caloosahatchee, and |
349 | St. Lucie River watersheds. |
350 | Section 11. Section 201.15, Florida Statutes, as amended |
351 | by section 1 of chapter 2009-17, Laws of Florida, is amended to |
352 | read: |
353 | 201.15 Distribution of taxes collected.--All taxes |
354 | collected under this chapter are subject to the service charge |
355 | imposed in s. 215.20(1). Prior to distribution under this |
356 | section, the Department of Revenue shall deduct amounts |
357 | necessary to pay the costs of the collection and enforcement of |
358 | the tax levied by this chapter. Such costs and the service |
359 | charge may not be levied against any portion of taxes pledged to |
360 | debt service on bonds to the extent that the costs and service |
361 | charge are required to pay any amounts relating to the bonds. |
362 | After distributions are made pursuant to subsection (1), all of |
363 | the costs of the collection and enforcement of the tax levied by |
364 | this chapter and the service charge shall be available and |
365 | transferred to the extent necessary to pay debt service and any |
366 | other amounts payable with respect to bonds authorized before |
367 | January 1, 2010, secured by revenues distributed pursuant to |
368 | subsection (1). All taxes remaining after deduction of costs and |
369 | the service charge shall be distributed as follows: |
370 | (1) Sixty-three and thirty-one hundredths percent of the |
371 | remaining taxes collected under this chapter shall be used for |
372 | the following purposes: |
373 | (a) Amounts necessary to pay the debt service on, or fund |
374 | debt service reserve funds, rebate obligations, or other amounts |
375 | payable with respect to Preservation 2000 bonds issued pursuant |
376 | to s. 375.051 and Florida Forever bonds issued pursuant to s. |
377 | 215.618, shall be paid into the State Treasury to the credit of |
378 | the Land Acquisition Trust Fund to be used for such purposes. |
379 | The amount transferred to the Land Acquisition Trust Fund may |
380 | not exceed $300 million in fiscal year 1999-2000 and thereafter |
381 | for Preservation 2000 bonds and bonds issued to refund |
382 | Preservation 2000 bonds, and $300 million in fiscal year 2000- |
383 | 2001 and thereafter for Florida Forever bonds. The annual amount |
384 | transferred to the Land Acquisition Trust Fund for Florida |
385 | Forever bonds may not exceed $30 million in the first fiscal |
386 | year in which bonds are issued. The limitation on the amount |
387 | transferred shall be increased by an additional $30 million in |
388 | each subsequent fiscal year, but may not exceed a total of $300 |
389 | million in any fiscal year for all bonds issued. It is the |
390 | intent of the Legislature that all bonds issued to fund the |
391 | Florida Forever Act be retired by December 31, 2040. Except for |
392 | bonds issued to refund previously issued bonds, no series of |
393 | bonds may be issued pursuant to this paragraph unless such bonds |
394 | are approved and the debt service for the remainder of the |
395 | fiscal year in which the bonds are issued is specifically |
396 | appropriated in the General Appropriations Act. For purposes of |
397 | refunding Preservation 2000 bonds, amounts designated within |
398 | this section for Preservation 2000 and Florida Forever bonds may |
399 | be transferred between the two programs to the extent provided |
400 | for in the documents authorizing the issuance of the bonds. The |
401 | Preservation 2000 bonds and Florida Forever bonds shall be |
402 | equally and ratably secured by moneys distributable to the Land |
403 | Acquisition Trust Fund pursuant to this section, except to the |
404 | extent specifically provided otherwise by the documents |
405 | authorizing the issuance of the bonds. No moneys transferred to |
406 | the Land Acquisition Trust Fund pursuant to this paragraph, or |
407 | earnings thereon, shall be used or made available to pay debt |
408 | service on the Save Our Coast revenue bonds. |
409 | (b) Moneys shall be paid into the State Treasury to the |
410 | credit of the Save Our Everglades Trust Fund in amounts |
411 | necessary to pay debt service, provide reserves, and pay rebate |
412 | obligations and other amounts due with respect to bonds issued |
413 | under s. 215.619. Taxes distributed under paragraph (a) and this |
414 | paragraph must be collectively distributed on a pro rata basis |
415 | when the available moneys under this subsection are not |
416 | sufficient to cover the amounts required under paragraph (a) and |
417 | this paragraph. |
418 | (c) The remainder of the moneys distributed under this |
419 | subsection, after the required payments under paragraphs (a) and |
420 | (b), shall be paid into the State Treasury to the credit of: |
421 | 1. The State Transportation Trust Fund in the Department |
422 | of Transportation in the amount of the lesser of 38.2 percent of |
423 | the remainder or $541.75 million in each fiscal year, to be used |
424 | for the following specified purposes, notwithstanding any other |
425 | law to the contrary: |
426 | a. For the purposes of capital funding for the New Starts |
427 | Transit Program, authorized by Title 49, U.S.C. s. 5309 and |
428 | specified in s. 341.051, 10 percent of these funds; |
429 | b. For the purposes of the Small County Outreach Program |
430 | specified in s. 339.2818, 5 percent of these funds; |
431 | c. For the purposes of the Strategic Intermodal System |
432 | specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent |
433 | of these funds after allocating for the New Starts Transit |
434 | Program described in sub-subparagraph a. and the Small County |
435 | Outreach Program described in sub-subparagraph b.; and |
436 | d. For the purposes of the Transportation Regional |
437 | Incentive Program specified in s. 339.2819, 25 percent of these |
438 | funds after allocating for the New Starts Transit Program |
439 | described in sub-subparagraph a. and the Small County Outreach |
440 | Program described in sub-subparagraph b. |
441 | 2. The Water Protection and Sustainability Program Trust |
442 | Fund in the Department of Environmental Protection in the amount |
443 | of the lesser of 5.64 percent of the remainder or $80 million in |
444 | each fiscal year, to be used as required by s. 403.890. |
445 | 3. The Grants and Donations Trust Fund in the Department |
446 | of Community Affairs in the amount of the lesser of .23 percent |
447 | of the remainder or $3.25 million in each fiscal year, with 92 |
448 | percent to be used to fund technical assistance to local |
449 | governments and school boards on the requirements and |
450 | implementation of this act and the remaining amount to be used |
451 | to fund the Century Commission established in s. 163.3247. |
452 | 4. The Ecosystem Management and Restoration Trust Fund in |
453 | the amount of the lesser of 2.12 percent of the remainder or $30 |
454 | million in each fiscal year, to be used for the preservation and |
455 | repair of the state's beaches as provided in ss. 161.091- |
456 | 161.212. |
457 | 5. The Marine Resources Conservation Trust Fund in the |
458 | amount of the lesser of .14 percent of the remainder or $2 |
459 | million in each fiscal year, to be used for marine mammal care |
460 | as provided in s. 379.208(3). |
461 | 6. General Inspection Trust Fund in the amount of the |
462 | lesser of .02 percent of the remainder or $300,000 in each |
463 | fiscal year to be used to fund oyster management and restoration |
464 | programs as provided in s. 379.362(3). |
465 |
|
466 | Moneys distributed pursuant to this paragraph may not be pledged |
467 | for debt service unless such pledge is approved by referendum of |
468 | the voters. |
469 | (d) The remainder of the moneys distributed under this |
470 | subsection, after the required payments under paragraphs (a), |
471 | (b), and (c), shall be paid into the State Treasury to the |
472 | credit of the General Revenue Fund to be used and expended for |
473 | the purposes for which the General Revenue Fund was created and |
474 | exists by law. |
475 | (2) The lesser of 7.56 percent of the remaining taxes |
476 | collected under this chapter or $84.9 million in each fiscal |
477 | year shall be paid into the State Treasury to the credit of the |
478 | Land Acquisition Trust Fund. Sums deposited in the fund pursuant |
479 | to this subsection may be used for any purpose for which funds |
480 | deposited in the Land Acquisition Trust Fund may lawfully be |
481 | used. |
482 | (3)(a) Through the 2008-2009 fiscal year, the lesser of |
483 | 1.94 percent of the remaining taxes collected under this chapter |
484 | or $26 million in each fiscal year shall be paid into the State |
485 | Treasury to the credit of the Land Acquisition Trust Fund. |
486 | (b) Beginning with the 2009-2010 fiscal year, the lesser |
487 | of 1.94 percent of the remaining taxes collected under this |
488 | chapter or $26 million in each fiscal year shall be distributed |
489 | in the following order: |
490 | 1. Amounts necessary to pay debt service or to fund debt |
491 | service reserve funds, rebate obligations, or other amounts |
492 | payable with respect to bonds issued before February 1, 2009, |
493 | pursuant to this subsection shall be paid into the State |
494 | Treasury to the credit of the Land Acquisition Trust Fund. |
495 | 2. Eleven million dollars shall be paid into the State |
496 | Treasury to the credit of the General Revenue Fund. |
497 | 3. The remainder shall be paid into the State Treasury to |
498 | the credit of the Land Acquisition Trust Fund. |
499 | (c) Moneys deposited in the Land Acquisition Trust Fund |
500 | pursuant to this subsection shall be used to acquire coastal |
501 | lands or to pay debt service on bonds issued to acquire coastal |
502 | lands and to develop and manage lands acquired with moneys from |
503 | the trust fund. |
504 | (4) The lesser of 4.2 percent of the remaining taxes |
505 | collected under this chapter or $60.5 million in each fiscal |
506 | year shall be paid into the State Treasury to the credit of the |
507 | Water Management Lands Trust Fund. Sums deposited in that fund |
508 | may be used for any purpose authorized in s. 373.59. |
509 | (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the |
510 | remaining taxes collected under this chapter shall be paid into |
511 | the State Treasury to the credit of the Conservation and |
512 | Recreation Lands Trust Fund to carry out the purposes set forth |
513 | in s. 259.032. Ten and five-hundredths percent of the amount |
514 | credited to the Conservation and Recreation Lands Trust Fund |
515 | pursuant to this subsection shall be transferred to the State |
516 | Game Trust Fund and used for land management activities. |
517 | (b) Beginning July 1, 2008, 3.52 percent of the remaining |
518 | taxes collected under this chapter shall be paid into the State |
519 | Treasury to the credit of the Conservation and Recreation Lands |
520 | Trust Fund to carry out the purposes set forth in s. 259.032. |
521 | Eleven and fifteen hundredths percent of the amount credited to |
522 | the Conservation and Recreation Lands Trust Fund pursuant to |
523 | this subsection shall be transferred to the State Game Trust |
524 | Fund and used for land management activities. |
525 | (6) The lesser of 2.28 percent of the remaining taxes |
526 | collected under this chapter or $34.1 million in each fiscal |
527 | year shall be paid into the State Treasury to the credit of the |
528 | Invasive Plant Control Trust Fund to carry out the purposes set |
529 | forth in ss. 369.22 and 369.252. |
530 | (7) The lesser of .5 percent of the remaining taxes |
531 | collected under this chapter or $9.3 million in each fiscal year |
532 | shall be paid into the State Treasury to the credit of the State |
533 | Game Trust Fund to be used exclusively for the purpose of |
534 | implementing the Lake Restoration 2020 Program. |
535 | (8) One-half of one percent of the remaining taxes |
536 | collected under this chapter shall be paid into the State |
537 | Treasury and divided equally to the credit of the Department of |
538 | Environmental Protection Water Quality Assurance Trust Fund to |
539 | address water quality impacts associated with nonagricultural |
540 | nonpoint sources and to the credit of the Department of |
541 | Agriculture and Consumer Services General Inspection Trust Fund |
542 | to address water quality impacts associated with agricultural |
543 | nonpoint sources, respectively. These funds shall be used for |
544 | research, development, demonstration, and implementation of |
545 | suitable best management practices or other measures used to |
546 | achieve water quality standards in surface waters and water |
547 | segments identified pursuant to ss. 303(d) of the Clean Water |
548 | Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq. |
549 | Implementation of best management practices and other measures |
550 | may include cost-share grants, technical assistance, |
551 | implementation tracking, and conservation leases or other |
552 | agreements for water quality improvement. The Department of |
553 | Environmental Protection and the Department of Agriculture and |
554 | Consumer Services may adopt rules governing the distribution of |
555 | funds for implementation of best management practices. The |
556 | unobligated balance of funds received from the distribution of |
557 | taxes collected under this chapter to address water quality |
558 | impacts associated with nonagricultural nonpoint sources will be |
559 | excluded when calculating the unobligated balance of the Water |
560 | Quality Assurance Trust Fund as it relates to the determination |
561 | of the applicable excise tax rate. |
562 | (9) The lesser of 7.53 percent of the remaining taxes |
563 | collected under this chapter or $107 million in each fiscal year |
564 | shall be paid into the State Treasury to the credit of the State |
565 | Housing Trust Fund and shall be used as follows: |
566 | (a) Half of that amount shall be used for the purposes for |
567 | which the State Housing Trust Fund was created and exists by |
568 | law. |
569 | (b) Half of that amount shall be paid into the State |
570 | Treasury to the credit of the Local Government Housing Trust |
571 | Fund and shall be used for the purposes for which the Local |
572 | Government Housing Trust Fund was created and exists by law. |
573 | (10) The lesser of 8.66 percent of the remaining taxes |
574 | collected under this chapter or $136 million in each fiscal year |
575 | shall be paid into the State Treasury to the credit of the State |
576 | Housing Trust Fund and shall be used as follows: |
577 | (a) Twelve and one-half percent of that amount shall be |
578 | deposited into the State Housing Trust Fund and be expended by |
579 | the Department of Community Affairs and by the Florida Housing |
580 | Finance Corporation for the purposes for which the State Housing |
581 | Trust Fund was created and exists by law. |
582 | (b) Eighty-seven and one-half percent of that amount shall |
583 | be distributed to the Local Government Housing Trust Fund and |
584 | shall be used for the purposes for which the Local Government |
585 | Housing Trust Fund was created and exists by law. Funds from |
586 | this category may also be used to provide for state and local |
587 | services to assist the homeless. |
588 | (11) The distribution of proceeds deposited into the Water |
589 | Management Lands Trust Fund and the Conservation and Recreation |
590 | Lands Trust Fund, pursuant to subsections (4) and (5), may not |
591 | be used for land acquisition but may be used for preacquisition |
592 | costs associated with land purchases. The Legislature intends |
593 | that the Florida Forever program supplant the acquisition |
594 | programs formerly authorized under ss. 259.032 and 373.59. |
595 | (12) Amounts distributed pursuant to subsections (5), (6), |
596 | (7), and (8) are subject to the payment of debt service on |
597 | outstanding Conservation and Recreation Lands revenue bonds. |
598 | (13) Beginning July 1, 2008, in each fiscal year that the |
599 | remaining taxes collected under this chapter exceed collections |
600 | in the prior fiscal year, the stated maximum dollar amounts |
601 | provided in subsections (2), (4), (6), (7), (9), and (10) shall |
602 | each be increased by an amount equal to 10 percent of the |
603 | increase in the remaining taxes collected under this chapter |
604 | multiplied by the applicable percentage provided in those |
605 | subsections. |
606 | (14) If the payment requirements in any year for bonds |
607 | outstanding on July 1, 2007, or bonds issued to refund such |
608 | bonds, exceed the limitations of this section, distributions to |
609 | the trust fund from which the bond payments are made shall be |
610 | increased to the lesser of the amount needed to pay bond |
611 | obligations or the limit of the applicable percentage |
612 | distribution provided in subsections (1)-(10). |
613 | (15) Distributions to the State Housing Trust Fund |
614 | pursuant to subsections (9) and (10) shall be sufficient to |
615 | cover amounts required to be transferred to the Florida |
616 | Affordable Housing Guarantee Program's annual debt service |
617 | reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b) |
618 | up to but not exceeding the amount required to be transferred to |
619 | such reserve and fund based on the percentage distribution of |
620 | documentary stamp tax revenues to the State Housing Trust Fund |
621 | which is in effect in the 2004-2005 fiscal year. |
622 | (16) If amounts necessary to pay debt service or any other |
623 | amounts payable with respect to Preservation 2000 bonds, Florida |
624 | Forever bonds, or Everglades Restoration bonds authorized before |
625 | January 1, 2010, exceed the amounts distributable pursuant to |
626 | subsection (1), all moneys distributable pursuant to this |
627 | section are available for such obligations and transferred in |
628 | the amounts necessary to pay such obligations when due. However, |
629 | amounts distributable pursuant to subsection (2), subsection |
630 | (3), subsection (4), subsection (5), paragraph (9)(a), or |
631 | paragraph (10)(a) are not available to pay such obligations to |
632 | the extent that such moneys are necessary to pay debt service on |
633 | bonds secured by revenues pursuant to those provisions. |
634 | (17)(16) The remaining taxes collected under this chapter, |
635 | after the distributions provided in the preceding subsections, |
636 | shall be paid into the State Treasury to the credit of the |
637 | General Revenue Fund. |
638 | Section 12. Except as otherwise expressly provided in this |
639 | act and except for this section, which shall take effect upon |
640 | becoming a law, this act shall take effect July 1, 2009, and |
641 | section 4 of this act applies to transfers of real property |
642 | occurring on or after July 1, 2009. |
643 |
|
644 |
|
645 |
|
646 |
|
647 | ----------------------------------------------------- |
648 | T I T L E A M E N D M E N T |
649 | Remove the entire title and insert: |
650 | A bill to be entitled |
651 | An act relating to the taxation of documents; amending s. 3, ch. |
652 | 83-220, Laws of Florida, as amended; extending a future repeal |
653 | date of provisions authorizing counties to levy a discretionary |
654 | surtax on documents; amending s. 125.0167, F.S.; limiting the |
655 | percentage of surtax revenues that may be used for |
656 | administrative costs; specifying a minimum amount of surtax |
657 | revenues to be used for housing for certain low-income and |
658 | moderate-income families; requiring an affirmative vote of a |
659 | local government governing body to rehabilitate certain |
660 | government-owned housing; authorizing certain counties to create |
661 | by ordinance a housing choice assistance voucher program for the |
662 | purpose of down payment assistance; providing definitions; |
663 | providing eligibility requirements for such vouchers; |
664 | authorizing purchasing employers to file for allocations for |
665 | such vouchers; limiting allocations; requiring distribution of |
666 | allocations to employees in the form of such vouchers; |
667 | prohibiting use of allocations for such vouchers if not awarded |
668 | within a certain period after certain documentary stamps taxes |
669 | are collected; requiring the Office of Program Policy Analysis |
670 | and Government Accountability to conduct a continuing review of |
671 | the discretionary surtax program operated by counties; requiring |
672 | reports to the Legislature; providing legislative intent to |
673 | reverse a judicial opinion relating to the application of the |
674 | excise tax on documents to certain transactions involving legal |
675 | entities; amending s. 201.02, F.S.; creating a presumption for |
676 | purposes of the excise tax on documents that consideration is |
677 | given for deeds, instruments, or writings that convey property |
678 | between certain individuals and entities; creating a presumption |
679 | of the amount of the consideration; creating an exemption from |
680 | the tax for certain deeds, instruments, or writings that convey |
681 | property; creating a presumption that the deed, instrument, or |
682 | writing was taxable if a subsequent conveyance of the property |
683 | or grantee entity is made within a certain period of time; |
684 | specifying the calculation of tax due on the original |
685 | conveyance; providing that the tax on the original deed, |
686 | instrument, or writing does not apply if the subsequent |
687 | conveyance is the result of an inter vivos gift or the death of |
688 | any person; providing that the tax applies to transfers |
689 | involving the exchange of real property for shares of stock or |
690 | as a capital contribution; imposing the tax on deeds, |
691 | instruments, and other writings on the consideration for a |
692 | transfer of real property pursuant to a short sale; providing |
693 | that the consideration subject to the tax does not include |
694 | unpaid indebtedness that is forgiven by a mortgagee; defining |
695 | the term "short sale"; authorizing the Department of Revenue to |
696 | adopt emergency rules relating to short sales; amending s. |
697 | 201.031, F.S.; expanding requirements for counties levying the |
698 | discretionary surtax to include housing plan, affordable housing |
699 | element, and annual reporting requirements; amending s. 719.105, |
700 | F.S.; conforming a cross-reference; authorizing the issuance of |
701 | Florida Forever bonds; providing an appropriation for debt |
702 | service on such bonds; authorizing the issuance of Everglades |
703 | Restoration bonds; providing an appropriation for debt service |
704 | on such bonds; providing an appropriation to the Department of |
705 | Environmental Protection for the design and construction of |
706 | certain restoration and protection plans and for the acquisition |
707 | of lands needed for these project components; providing an |
708 | appropriation for the purpose of implementing agricultural |
709 | nonpoint source controls in certain watersheds; amending s. |
710 | 201.15, F.S.; conforming provisions to changes made by the act; |
711 | providing for application of specified provisions of the act; |
712 | providing effective dates. |
713 |
|
714 |
|