Amendment
Bill No. CS/HB 283
Amendment No. 886437
CHAMBER ACTION
Senate House
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1Representative Lopez-Cantera offered the following:
2
3     Substitute Amendment for Amendment (080181) (with title
4amendment)
5     Remove everything after the enacting clause and insert:
6     Section 1.  Section 3 of chapter 83-220, Laws of Florida,
7as amended by section 1 of chapter 84-270, Laws of Florida, and
8section 1 of chapter 89-252, Laws of Florida, is amended to
9read:
10     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
11Florida, as amended by this act, are repealed effective October
121, 2031 2011.
13     Section 2.  Section 125.0167, Florida Statutes, is amended
14to read:
15     125.0167  Discretionary surtax on documents; adoption;
16application of revenue.--
17     (1)  Pursuant to the provisions of s. 201.031, the
18governing authority in each county, as defined by s. 125.011(1),
19is authorized to levy a discretionary surtax on documents for
20the purpose of establishing and financing a Housing Assistance
21Loan Trust Fund to assist in the financing of construction,
22rehabilitation, or purchase of housing for low-income and
23moderate-income families. No less than 50 percent of the funds
24used in each county to provide such housing assistance shall be
25for the benefit of low-income families. For the purpose of this
26section, "low-income family" means a family whose income does
27not exceed 80 percent of the median income for the area, and
28"moderate-income family" means a family whose income is in
29excess of 80 percent but less than 140 percent of the median
30income for the area. For purposes of this section, the term
31"housing" is not limited to single-family, detached dwellings.
32The rate of the surtax shall not exceed the rate of 45 cents for
33each $100 or fractional part thereof of the consideration
34therefor. Such surtax shall apply only to those documents
35taxable under s. 201.02, except that there shall be no surtax on
36any document pursuant to which the interest granted, assigned,
37transferred, or conveyed involves only a single-family
38residence. Such single-family residence may be a condominium
39unit, a unit held through stock ownership or membership
40representing a proprietary interest in a corporation owning a
41fee or a leasehold initially in excess of 98 years, or a
42detached dwelling.
43     (2)  The levy of the discretionary surtax and the creation
44of a Housing Assistance Loan Trust Fund shall be by ordinance
45which shall set forth the policies and procedures of the
46assistance program. The ordinance shall be proposed at a regular
47meeting of the governing authority at least 2 weeks prior to
48formal adoption. Formal adoption shall not be effective unless
49approved on final vote by a majority of the total membership of
50the governing authority. The ordinance shall not take effect
51until 90 days after formal adoption.
52     (3)  The county shall deposit revenues from the
53discretionary surtax in the Housing Assistance Loan Trust Fund
54of the county, except that a portion of such revenues may be
55deposited into the Home Investment Trust Fund of the county as
56defined by and created pursuant to the requirements of federal
57law. The county shall use the revenues only to help finance the
58construction, rehabilitation, or purchase of housing for low-
59income families and moderate-income families, to pay necessary
60costs of collection and enforcement of the surtax, and to fund
61any local matching contributions required pursuant to federal
62law. For purposes of this section, authorized uses of the
63revenues include, but are not limited to, providing funds for
64first and second mortgages and acquiring property for the
65purpose of forming housing cooperatives. Special consideration
66shall be given toward using the revenues in the neighborhood
67economic development programs of community development
68corporations. No more than 50 percent of the revenues collected
69each year pursuant to this section may be used to help finance
70new construction as provided herein. The proceeds of the surtax
71shall not be used for rent subsidies or grants.
72     (4)  No more than 10 percent of surtax revenues collected
73under this section by the Department of Revenue and remitted to
74the county in any fiscal year may be used for administrative
75costs.
76     (5)(a)  Notwithstanding the provisions of subsection (3),
77of the discretionary surtax revenues collected by the Department
78of Revenue remaining after any deduction for administrative
79costs as provided in subsection (4), no less than 35 percent
80shall be used to provide homeownership assistance for low-income
81and moderate-income families, and no less than 35 percent shall
82be used for construction, rehabilitation, and purchase of rental
83housing units. The remaining amount may be allocated to provide
84for homeownership assistance or rental housing units, at the
85discretion of the county. Any funds allocated for homeownership
86assistance or rental housing units that are not committed at the
87end of the fiscal year shall be reallocated in subsequent years
88consistent with the provisions of this subsection such that no
89less than 35 percent shall be reallocated to provide
90homeownership assistance for low-income and moderate-income
91families and no less than 35 percent shall be reallocated for
92construction, rehabilitation, and purchase of rental housing
93units. The remaining amount of uncommitted funds may be
94reallocated at the discretion of the county within any of the
95categories established in this subsection.
96     (b)  For purposes of this subsection, the term
97"homeownership assistance" means assisting low-income and
98moderate-income families in purchasing a home as their primary
99residence, including, but not limited to, reducing the cost of
100the home with below-market construction financing, the amount of
101down payment and closing costs paid by the borrower, or the
102mortgage payment to an affordable amount for the purchaser or
103using any other financial assistance measure set forth in s.
104420.5088.
105     (6)  Rehabilitation of housing owned by a recipient
106government may be authorized only after a determination approved
107by a majority of the governing body that no other sources of
108funds are available.
109     (7)(a)  The governing body of each county as defined in s.
110125.011(1) may, by county ordinance and pursuant to procedures
111and requirements provided by such ordinance, create a housing
112choice assistance voucher program.
113     (b)  For purposes of this subsection, the term:
114     1.  "Housing choice assistance voucher" means the document
115used to access assistance paid by the county from the
116discretionary surtax balance in the Housing Assistance Trust
117Fund to a prospective purchaser of a single-family residence,
118which must be the purchaser's homestead.
119     2.  "Purchasing employer" means a business or business
120entity that has acquired real property within the county and
121paid the surtax due as a result of the acquisition of that
122property pursuant to this section.
123     (c)  Housing choice assistance vouchers shall be used for
124down payment assistance for the purchase of a single-family
125residence by low-income or moderate-income persons within the
126county and within a 5-mile radius of the purchasing employer who
127are:
128     1.  Actively employed by the purchasing employer or by a
129business entity directly affiliated with the purchasing
130employer.
131     2.  Prequalified for a mortgage loan by a certified lending
132institution.
133     (d)  Upon payment of the discretionary surtax pursuant to
134this section, the purchasing employer may file for an allocation
135for housing choice assistance vouchers from the county in an
136amount not to exceed 50 percent of the amount of the
137discretionary surtax paid. The purchasing employer shall
138distribute the allocation to employees in the form of housing
139choice assistance vouchers pursuant to rules and procedures
140established for the program.
141     (e)  Any housing choice assistance voucher allocation not
142distributed to employees and redeemed by an employee within 1
143year after the date the discretionary surtax is paid may not be
144used for housing choice assistance vouchers under this
145subsection.
146     (f)  Any housing assistance paid pursuant to the housing
147choice assistance voucher program shall be included in the
148calculation determining the percentage of discretionary surtax
149funds used for homeownership purposes during the year in which
150the surtax funds for such purposes are expended.
151     (8)  By June 30, 2012, and every 5 years thereafter, the
152Office of Program Policy Analysis and Government Accountability
153shall review the discretionary surtax program operated by
154counties under this section and shall provide a report to the
155President of the Senate and the Speaker of the House of
156Representatives.
157     Section 3.  (1)  The Legislature finds that the Florida
158Supreme Court opinion in Crescent Miami Center, LLC v. Florida
159Department of Revenue, 903 So. 2d 913 (Fla. 2005), interprets s.
160201.02, Florida Statutes, in a manner that permits tax avoidance
161inconsistent with the intent of the Legislature at the time said
162statute was amended in 1990.
163     (2)  The Legislature finds that the District Court of
164Appeals for the Third District of Florida opinion in Crescent
165Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d
166904 (Fla. 3d D.C.A. 2003), interprets s. 201.02, Florida
167Statutes, in a manner that prevents tax avoidance consistent
168with the intent of the Legislature at the time said statute was
169amended in 1990.
170     (3)  The Legislature intends, by this act, to prevent tax
171avoidance through the use of artificial entities to transfer the
172beneficial ownership of real property that changes, by a step or
173series of steps, excluding certain entities that are used for
174estate planning purposes.
175     Section 4.  Subsection (1) of section 201.02, Florida
176Statutes, is amended and subsections (11) through (13) are added
177to that section, to read:
178     201.02  Tax on deeds and other instruments relating to real
179property or interests in real property.--
180     (1)(a)  On deeds, instruments, or writings whereby any
181lands, tenements, or other real property, or any interest
182therein, shall be granted, assigned, transferred, or otherwise
183conveyed to, or vested in, the purchaser or any other person by
184his or her direction, on each $100 of the consideration therefor
185the tax shall be 70 cents. When the full amount of the
186consideration for the execution, assignment, transfer, or
187conveyance is not shown in the face of such deed, instrument,
188document, or writing, the tax shall be at the rate of 70 cents
189for each $100 or fractional part thereof of the consideration
190therefor. For purposes of this section, consideration includes,
191but is not limited to, the money paid or agreed to be paid; the
192discharge of an obligation; and the amount of any mortgage,
193purchase money mortgage lien, or other encumbrance, whether or
194not the underlying indebtedness is assumed. If the consideration
195paid or given in exchange for real property or any interest
196therein includes property other than money, it is presumed that
197the consideration is equal to the fair market value of the real
198property or interest therein.
199     (b)  Except as provided in subsection (11), consideration
200is given for real property when conveyance of an interest in
201real property is made between a person or persons and a legal
202entity, or between legal entities, whether or not the conveyance
203is characterized as a mere change in the method of holding title
204or of the legal form of ownership or the proportional beneficial
205interests of all parties remain the same before and after the
206conveyance. The consideration given is presumed to equal the
207fair market value of the real property or interest therein.
208     (11)  The conveyance of an interest in real property
209between a person or persons and a legal entity or between legal
210entities is exempt from the tax imposed by paragraph (1)(b) when
211the conveyance is not a precursor to the transfer of the
212ownership or control of an interest in the entity or a
213conveyance of the real property by whatever method, means, or
214operation of law. If within 3 years from the date of the
215conveyance exempt pursuant to this section a subsequent direct
216or indirect transfer of all or a portion of an interest in the
217entity or a conveyance of the real property is made, the
218original conveyance is presumed to have been a precursor to the
219transfer or conveyance and the tax imposed by this section is
220due on the subsequent transfer or conveyance of that portion of
221the real property transferred measured by the fair market value
222of the portion of the transferred real property at the time of
223the subsequent transfer or conveyance.
224     (12)  The requirements of this section do not apply to any
225deed, instrument, or other writing which transfers or conveys
226real property, or an interest therein, other than that portion
227subject to the tax imposed by paragraph (1)(a), when the
228transfer or conveyance is by inter vivos gift for purposes of
229estate planning, or when by reason of the death of any person,
230such real property, or interests therein, are transferred
231outright to, or in trust for the benefit of, any person or
232entity.
233     (13)  The documentary stamp tax imposed by this section
234applies to a deed, instrument, or writing that transfers any
235interest in real property pursuant to a short sale, as defined
236in this subsection. The taxable consideration for a short sale
237transfer does not include unpaid indebtedness that is forgiven
238or released by a mortgagee holding a mortgage on the grantor's
239interest in the property. A short sale is a purchase and sale of
240real property in which:
241     (a)  The grantor's interest in the real property is
242encumbered by a mortgage or mortgages securing indebtedness in
243an aggregate amount greater than the purchase price paid by the
244grantee;
245     (b)  A mortgagee releases the real property from its
246mortgage in exchange for a partial payment of less than all of
247the outstanding mortgage indebtedness owing to the releasing
248mortgagee;
249     (c)  The releasing mortgagee does not receive, directly or
250indirectly, any interest in the property transferred; and
251     (d)  The releasing mortgagee, grantor, and grantee are
252dealing 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
255the provisions of section 3 of this act are intended to be
256clarifying and remedial in nature, but do not provide a basis
257for assessments of tax, or refunds of tax, for periods before
258July 1, 2009.
259     Section 6.  Effective upon this act becoming a law, the
260Department of Revenue is authorized, and all conditions are
261deemed met, to adopt emergency rules under ss. 120.536(1) and
262120.54(4), Florida Statutes, to implement s. 201.02(13), Florida
263Statutes, as created by section 4 of this act, relating to short
264sales. Notwithstanding any other provision of law, such
265emergency rules shall remain effective for 6 months after the
266date of adoption and may be renewed during the pendency of
267procedures to adopt rules addressing the subject of the
268emergency rules.
269     Section 7.  Section 201.031, Florida Statutes, is amended
270to read:
271     201.031  Discretionary surtax; administration and
272collection; Housing Assistance Loan Trust Fund; reporting
273requirements.--
274     (1)  Each county, as defined by s. 125.011(1), may levy,
275subject to the provisions of s. 125.0167, a discretionary surtax
276on documents taxable under the provisions of s. 201.02, except
277that there shall be no surtax on any document pursuant to which
278the interest granted, assigned, transferred, or conveyed
279involves only a single-family residence. The Such single-family
280residence may be a condominium unit, a unit held through stock
281ownership or membership representing a proprietary interest in a
282corporation owning a fee or a leasehold initially in excess of
28398 years, or a detached dwelling.
284     (2)  All provisions of chapter 201, except s. 201.15, shall
285apply to the surtax. The Department of Revenue shall pay to the
286governing authority of the county which levies the surtax all
287taxes, penalties, and interest collected under this section less
288any costs of administration.
289     (3)  Each county that which levies the surtax shall:
290     (a)  Include in the financial report required under s.
291218.32 information showing the revenues and the expenses of the
292trust fund for the fiscal year.
293     (b)  Adopt a housing plan every 3 years which includes
294provisions substantially similar to the plans required in s.
295420.9075(1).
296     (c)  Have adopted an affordable housing element of its
297comprehensive land use plan which complies with s.
298163.3177(6)(f).
299     (d)  Require by resolution that the staff or entity that
300has administrative authority for implementing the housing plan
301prepare and submit to the county's governing body an annual
302report substantially similar to the annual report required in s.
303420.9075(10).
304     Section 8.  Paragraph (a) of subsection (1) of section
305719.105, Florida Statutes, is amended to read:
306     719.105  Cooperative parcels; appurtenances; possession and
307enjoyment.--
308     (1)  Each cooperative parcel has, as appurtenances thereto:
309     (a)  Evidence of membership, ownership of shares, or other
310interest in the association with the full voting rights
311appertaining thereto. Such evidence must include a legal
312description of each dwelling unit and must be recorded in the
313office of the clerk of the circuit court as required by s.
314201.02(4) s. 201.02(3).
315     Section 9.  Pursuant to s. 201.15(1)(a), Florida Statutes,
316the issuance of $50 million of Florida Forever bonds is
317authorized, in addition to any previously authorized bonds. For
318the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated
319from the Land Acquisition Trust Fund to the Department of
320Environmental Protection for debt service on the new bonds. The
321proceeds of such bonds shall be distributed in accordance with
322s. 259.105(3), Florida Statutes. The Department of Environmental
323Protection and the agencies receiving such bond proceeds are
324appropriated budget authority necessary to transfer and expend
325the respective amounts of the distributed bond proceeds.
326     Section 10.  (1)  Pursuant to s. 215.619(1), Florida
327Statutes, the issuance of $50 million of Everglades Restoration
328bonds is authorized, in addition to any previously authorized
329bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is
330appropriated from the Save Our Everglades Trust Fund to the
331Department of Environmental Protection for debt service on the
332new bonds.
333     (2)  The sum of $47 million is appropriated from the Save
334Our Everglades Trust Fund to the Department of Environmental
335Protection for the design and construction of Comprehensive
336Everglades Restoration Plan components, Lake Okeechobee
337Protection Plan components, and Caloosahatchee and St. Lucie
338River Watershed Protection Plan components, and for the
339acquisition of lands needed for these project components. The
340sum of $3 million is appropriated from the Save Our Everglades
341Trust Fund to the Department of Environmental Protection for
342transfer to the Department of Agriculture and Consumer Services
343into the General Inspection Trust Fund to fund activities
344authorized in subsection (3).
345     (3)  The sum of $3 million is appropriated from the General
346Inspections Trust Fund to the Department of Agriculture and
347Consumer Services for the purpose of implementing agricultural
348nonpoint source controls in the Okeechobee, Caloosahatchee, and
349St. Lucie River watersheds.
350     Section 11.  Section 201.15, Florida Statutes, as amended
351by section 1 of chapter 2009-17, Laws of Florida, is amended to
352read:
353     201.15  Distribution of taxes collected.--All taxes
354collected under this chapter are subject to the service charge
355imposed in s. 215.20(1). Prior to distribution under this
356section, the Department of Revenue shall deduct amounts
357necessary to pay the costs of the collection and enforcement of
358the tax levied by this chapter. Such costs and the service
359charge may not be levied against any portion of taxes pledged to
360debt service on bonds to the extent that the costs and service
361charge are required to pay any amounts relating to the bonds.
362After distributions are made pursuant to subsection (1), all of
363the costs of the collection and enforcement of the tax levied by
364this chapter and the service charge shall be available and
365transferred to the extent necessary to pay debt service and any
366other amounts payable with respect to bonds authorized before
367January 1, 2010, secured by revenues distributed pursuant to
368subsection (1). All taxes remaining after deduction of costs and
369the service charge shall be distributed as follows:
370     (1)  Sixty-three and thirty-one hundredths percent of the
371remaining taxes collected under this chapter shall be used for
372the following purposes:
373     (a)  Amounts necessary to pay the debt service on, or fund
374debt service reserve funds, rebate obligations, or other amounts
375payable with respect to Preservation 2000 bonds issued pursuant
376to s. 375.051 and Florida Forever bonds issued pursuant to s.
377215.618, shall be paid into the State Treasury to the credit of
378the Land Acquisition Trust Fund to be used for such purposes.
379The amount transferred to the Land Acquisition Trust Fund may
380not exceed $300 million in fiscal year 1999-2000 and thereafter
381for Preservation 2000 bonds and bonds issued to refund
382Preservation 2000 bonds, and $300 million in fiscal year 2000-
3832001 and thereafter for Florida Forever bonds. The annual amount
384transferred to the Land Acquisition Trust Fund for Florida
385Forever bonds may not exceed $30 million in the first fiscal
386year in which bonds are issued. The limitation on the amount
387transferred shall be increased by an additional $30 million in
388each subsequent fiscal year, but may not exceed a total of $300
389million in any fiscal year for all bonds issued. It is the
390intent of the Legislature that all bonds issued to fund the
391Florida Forever Act be retired by December 31, 2040. Except for
392bonds issued to refund previously issued bonds, no series of
393bonds may be issued pursuant to this paragraph unless such bonds
394are approved and the debt service for the remainder of the
395fiscal year in which the bonds are issued is specifically
396appropriated in the General Appropriations Act. For purposes of
397refunding Preservation 2000 bonds, amounts designated within
398this section for Preservation 2000 and Florida Forever bonds may
399be transferred between the two programs to the extent provided
400for in the documents authorizing the issuance of the bonds. The
401Preservation 2000 bonds and Florida Forever bonds shall be
402equally and ratably secured by moneys distributable to the Land
403Acquisition Trust Fund pursuant to this section, except to the
404extent specifically provided otherwise by the documents
405authorizing the issuance of the bonds. No moneys transferred to
406the Land Acquisition Trust Fund pursuant to this paragraph, or
407earnings thereon, shall be used or made available to pay debt
408service on the Save Our Coast revenue bonds.
409     (b)  Moneys shall be paid into the State Treasury to the
410credit of the Save Our Everglades Trust Fund in amounts
411necessary to pay debt service, provide reserves, and pay rebate
412obligations and other amounts due with respect to bonds issued
413under s. 215.619. Taxes distributed under paragraph (a) and this
414paragraph must be collectively distributed on a pro rata basis
415when the available moneys under this subsection are not
416sufficient to cover the amounts required under paragraph (a) and
417this paragraph.
418     (c)  The remainder of the moneys distributed under this
419subsection, 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
422of Transportation in the amount of the lesser of 38.2 percent of
423the remainder or $541.75 million in each fiscal year, to be used
424for the following specified purposes, notwithstanding any other
425law to the contrary:
426     a.  For the purposes of capital funding for the New Starts
427Transit Program, authorized by Title 49, U.S.C. s. 5309 and
428specified in s. 341.051, 10 percent of these funds;
429     b.  For the purposes of the Small County Outreach Program
430specified in s. 339.2818, 5 percent of these funds;
431     c.  For the purposes of the Strategic Intermodal System
432specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
433of these funds after allocating for the New Starts Transit
434Program described in sub-subparagraph a. and the Small County
435Outreach Program described in sub-subparagraph b.; and
436     d.  For the purposes of the Transportation Regional
437Incentive Program specified in s. 339.2819, 25 percent of these
438funds after allocating for the New Starts Transit Program
439described in sub-subparagraph a. and the Small County Outreach
440Program described in sub-subparagraph b.
441     2.  The Water Protection and Sustainability Program Trust
442Fund in the Department of Environmental Protection in the amount
443of the lesser of 5.64 percent of the remainder or $80 million in
444each fiscal year, to be used as required by s. 403.890.
445     3.  The Grants and Donations Trust Fund in the Department
446of Community Affairs in the amount of the lesser of .23 percent
447of the remainder or $3.25 million in each fiscal year, with 92
448percent to be used to fund technical assistance to local
449governments and school boards on the requirements and
450implementation of this act and the remaining amount to be used
451to fund the Century Commission established in s. 163.3247.
452     4.  The Ecosystem Management and Restoration Trust Fund in
453the amount of the lesser of 2.12 percent of the remainder or $30
454million in each fiscal year, to be used for the preservation and
455repair of the state's beaches as provided in ss. 161.091-
456161.212.
457     5.  The Marine Resources Conservation Trust Fund in the
458amount of the lesser of .14 percent of the remainder or $2
459million in each fiscal year, to be used for marine mammal care
460as provided in s. 379.208(3).
461     6.  General Inspection Trust Fund in the amount of the
462lesser of .02 percent of the remainder or $300,000 in each
463fiscal year to be used to fund oyster management and restoration
464programs as provided in s. 379.362(3).
465
466Moneys distributed pursuant to this paragraph may not be pledged
467for debt service unless such pledge is approved by referendum of
468the voters.
469     (d)  The remainder of the moneys distributed under this
470subsection, after the required payments under paragraphs (a),
471(b), and (c), shall be paid into the State Treasury to the
472credit of the General Revenue Fund to be used and expended for
473the purposes for which the General Revenue Fund was created and
474exists by law.
475     (2)  The lesser of 7.56 percent of the remaining taxes
476collected under this chapter or $84.9 million in each fiscal
477year shall be paid into the State Treasury to the credit of the
478Land Acquisition Trust Fund. Sums deposited in the fund pursuant
479to this subsection may be used for any purpose for which funds
480deposited in the Land Acquisition Trust Fund may lawfully be
481used.
482     (3)(a)  Through the 2008-2009 fiscal year, the lesser of
4831.94 percent of the remaining taxes collected under this chapter
484or $26 million in each fiscal year shall be paid into the State
485Treasury to the credit of the Land Acquisition Trust Fund.
486     (b)  Beginning with the 2009-2010 fiscal year, the lesser
487of 1.94 percent of the remaining taxes collected under this
488chapter or $26 million in each fiscal year shall be distributed
489in the following order:
490     1.  Amounts necessary to pay debt service or to fund debt
491service reserve funds, rebate obligations, or other amounts
492payable with respect to bonds issued before February 1, 2009,
493pursuant to this subsection shall be paid into the State
494Treasury to the credit of the Land Acquisition Trust Fund.
495     2.  Eleven million dollars shall be paid into the State
496Treasury to the credit of the General Revenue Fund.
497     3.  The remainder shall be paid into the State Treasury to
498the credit of the Land Acquisition Trust Fund.
499     (c)  Moneys deposited in the Land Acquisition Trust Fund
500pursuant to this subsection shall be used to acquire coastal
501lands or to pay debt service on bonds issued to acquire coastal
502lands and to develop and manage lands acquired with moneys from
503the trust fund.
504     (4)  The lesser of 4.2 percent of the remaining taxes
505collected under this chapter or $60.5 million in each fiscal
506year shall be paid into the State Treasury to the credit of the
507Water Management Lands Trust Fund. Sums deposited in that fund
508may be used for any purpose authorized in s. 373.59.
509     (5)(a)  For the 2007-2008 fiscal year, 3.96 percent of the
510remaining taxes collected under this chapter shall be paid into
511the State Treasury to the credit of the Conservation and
512Recreation Lands Trust Fund to carry out the purposes set forth
513in s. 259.032. Ten and five-hundredths percent of the amount
514credited to the Conservation and Recreation Lands Trust Fund
515pursuant to this subsection shall be transferred to the State
516Game Trust Fund and used for land management activities.
517     (b)  Beginning July 1, 2008, 3.52 percent of the remaining
518taxes collected under this chapter shall be paid into the State
519Treasury to the credit of the Conservation and Recreation Lands
520Trust Fund to carry out the purposes set forth in s. 259.032.
521Eleven and fifteen hundredths percent of the amount credited to
522the Conservation and Recreation Lands Trust Fund pursuant to
523this subsection shall be transferred to the State Game Trust
524Fund and used for land management activities.
525     (6)  The lesser of 2.28 percent of the remaining taxes
526collected under this chapter or $34.1 million in each fiscal
527year shall be paid into the State Treasury to the credit of the
528Invasive Plant Control Trust Fund to carry out the purposes set
529forth in ss. 369.22 and 369.252.
530     (7)  The lesser of .5 percent of the remaining taxes
531collected under this chapter or $9.3 million in each fiscal year
532shall be paid into the State Treasury to the credit of the State
533Game Trust Fund to be used exclusively for the purpose of
534implementing the Lake Restoration 2020 Program.
535     (8)  One-half of one percent of the remaining taxes
536collected under this chapter shall be paid into the State
537Treasury and divided equally to the credit of the Department of
538Environmental Protection Water Quality Assurance Trust Fund to
539address water quality impacts associated with nonagricultural
540nonpoint sources and to the credit of the Department of
541Agriculture and Consumer Services General Inspection Trust Fund
542to address water quality impacts associated with agricultural
543nonpoint sources, respectively. These funds shall be used for
544research, development, demonstration, and implementation of
545suitable best management practices or other measures used to
546achieve water quality standards in surface waters and water
547segments identified pursuant to ss. 303(d) of the Clean Water
548Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
549Implementation of best management practices and other measures
550may include cost-share grants, technical assistance,
551implementation tracking, and conservation leases or other
552agreements for water quality improvement. The Department of
553Environmental Protection and the Department of Agriculture and
554Consumer Services may adopt rules governing the distribution of
555funds for implementation of best management practices. The
556unobligated balance of funds received from the distribution of
557taxes collected under this chapter to address water quality
558impacts associated with nonagricultural nonpoint sources will be
559excluded when calculating the unobligated balance of the Water
560Quality Assurance Trust Fund as it relates to the determination
561of the applicable excise tax rate.
562     (9)  The lesser of 7.53 percent of the remaining taxes
563collected under this chapter or $107 million in each fiscal year
564shall be paid into the State Treasury to the credit of the State
565Housing Trust Fund and shall be used as follows:
566     (a)  Half of that amount shall be used for the purposes for
567which the State Housing Trust Fund was created and exists by
568law.
569     (b)  Half of that amount shall be paid into the State
570Treasury to the credit of the Local Government Housing Trust
571Fund and shall be used for the purposes for which the Local
572Government Housing Trust Fund was created and exists by law.
573     (10)  The lesser of 8.66 percent of the remaining taxes
574collected under this chapter or $136 million in each fiscal year
575shall be paid into the State Treasury to the credit of the State
576Housing Trust Fund and shall be used as follows:
577     (a)  Twelve and one-half percent of that amount shall be
578deposited into the State Housing Trust Fund and be expended by
579the Department of Community Affairs and by the Florida Housing
580Finance Corporation for the purposes for which the State Housing
581Trust Fund was created and exists by law.
582     (b)  Eighty-seven and one-half percent of that amount shall
583be distributed to the Local Government Housing Trust Fund and
584shall be used for the purposes for which the Local Government
585Housing Trust Fund was created and exists by law. Funds from
586this category may also be used to provide for state and local
587services to assist the homeless.
588     (11)  The distribution of proceeds deposited into the Water
589Management Lands Trust Fund and the Conservation and Recreation
590Lands Trust Fund, pursuant to subsections (4) and (5), may not
591be used for land acquisition but may be used for preacquisition
592costs associated with land purchases. The Legislature intends
593that the Florida Forever program supplant the acquisition
594programs 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
597outstanding Conservation and Recreation Lands revenue bonds.
598     (13)  Beginning July 1, 2008, in each fiscal year that the
599remaining taxes collected under this chapter exceed collections
600in the prior fiscal year, the stated maximum dollar amounts
601provided in subsections (2), (4), (6), (7), (9), and (10) shall
602each be increased by an amount equal to 10 percent of the
603increase in the remaining taxes collected under this chapter
604multiplied by the applicable percentage provided in those
605subsections.
606     (14)  If the payment requirements in any year for bonds
607outstanding on July 1, 2007, or bonds issued to refund such
608bonds, exceed the limitations of this section, distributions to
609the trust fund from which the bond payments are made shall be
610increased to the lesser of the amount needed to pay bond
611obligations or the limit of the applicable percentage
612distribution provided in subsections (1)-(10).
613     (15)  Distributions to the State Housing Trust Fund
614pursuant to subsections (9) and (10) shall be sufficient to
615cover amounts required to be transferred to the Florida
616Affordable Housing Guarantee Program's annual debt service
617reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
618up to but not exceeding the amount required to be transferred to
619such reserve and fund based on the percentage distribution of
620documentary stamp tax revenues to the State Housing Trust Fund
621which is in effect in the 2004-2005 fiscal year.
622     (16)  If amounts necessary to pay debt service or any other
623amounts payable with respect to Preservation 2000 bonds, Florida
624Forever bonds, or Everglades Restoration bonds authorized before
625January 1, 2010, exceed the amounts distributable pursuant to
626subsection (1), all moneys distributable pursuant to this
627section are available for such obligations and transferred in
628the amounts necessary to pay such obligations when due. However,
629amounts distributable pursuant to subsection (2), subsection
630(3), subsection (4), subsection (5), paragraph (9)(a), or
631paragraph (10)(a) are not available to pay such obligations to
632the extent that such moneys are necessary to pay debt service on
633bonds secured by revenues pursuant to those provisions.
634     (17)(16)  The remaining taxes collected under this chapter,
635after the distributions provided in the preceding subsections,
636shall be paid into the State Treasury to the credit of the
637General Revenue Fund.
638     Section 12.  Except as otherwise expressly provided in this
639act and except for this section, which shall take effect upon
640becoming a law, this act shall take effect July 1, 2009, and
641section 4 of this act applies to transfers of real property
642occurring on or after July 1, 2009.
643
644
645
646
647
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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
651An act relating to the taxation of documents; amending s. 3, ch.
65283-220, Laws of Florida, as amended; extending a future repeal
653date of provisions authorizing counties to levy a discretionary
654surtax on documents; amending s. 125.0167, F.S.; limiting the
655percentage of surtax revenues that may be used for
656administrative costs; specifying a minimum amount of surtax
657revenues to be used for housing for certain low-income and
658moderate-income families; requiring an affirmative vote of a
659local government governing body to rehabilitate certain
660government-owned housing; authorizing certain counties to create
661by ordinance a housing choice assistance voucher program for the
662purpose of down payment assistance; providing definitions;
663providing eligibility requirements for such vouchers;
664authorizing purchasing employers to file for allocations for
665such vouchers; limiting allocations; requiring distribution of
666allocations to employees in the form of such vouchers;
667prohibiting use of allocations for such vouchers if not awarded
668within a certain period after certain documentary stamps taxes
669are collected; requiring the Office of Program Policy Analysis
670and Government Accountability to conduct a continuing review of
671the discretionary surtax program operated by counties; requiring
672reports to the Legislature; providing legislative intent to
673reverse a judicial opinion relating to the application of the
674excise tax on documents to certain transactions involving legal
675entities; amending s. 201.02, F.S.; creating a presumption for
676purposes of the excise tax on documents that consideration is
677given for deeds, instruments, or writings that convey property
678between certain individuals and entities; creating a presumption
679of the amount of the consideration; creating an exemption from
680the tax for certain deeds, instruments, or writings that convey
681property; creating a presumption that the deed, instrument, or
682writing was taxable if a subsequent conveyance of the property
683or grantee entity is made within a certain period of time;
684specifying the calculation of tax due on the original
685conveyance; providing that the tax on the original deed,
686instrument, or writing does not apply if the subsequent
687conveyance is the result of an inter vivos gift or the death of
688any person; providing that the tax applies to transfers
689involving the exchange of real property for shares of stock or
690as a capital contribution; imposing the tax on deeds,
691instruments, and other writings on the consideration for a
692transfer of real property pursuant to a short sale; providing
693that the consideration subject to the tax does not include
694unpaid indebtedness that is forgiven by a mortgagee; defining
695the term "short sale"; authorizing the Department of Revenue to
696adopt emergency rules relating to short sales; amending s.
697201.031, F.S.; expanding requirements for counties levying the
698discretionary surtax to include housing plan, affordable housing
699element, and annual reporting requirements; amending s. 719.105,
700F.S.; conforming a cross-reference; authorizing the issuance of
701Florida Forever bonds; providing an appropriation for debt
702service on such bonds; authorizing the issuance of Everglades
703Restoration bonds; providing an appropriation for debt service
704on such bonds; providing an appropriation to the Department of
705Environmental Protection for the design and construction of
706certain restoration and protection plans and for the acquisition
707of lands needed for these project components; providing an
708appropriation for the purpose of implementing agricultural
709nonpoint source controls in certain watersheds; amending s.
710201.15, F.S.; conforming provisions to changes made by the act;
711providing for application of specified provisions of the act;
712providing effective dates.
713
714


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