Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 586
       
       
       
       
       
                               Ì485002kÎ485002                          
       
       576-02163-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to the implementation of the water and
    3         land conservation constitutional amendment; amending
    4         s. 201.15, F.S.; revising and deleting distributions
    5         of the tax; providing that specified distributions to
    6         the Land Acquisition Trust Fund are not subject to the
    7         service charge under s. 215.20, F.S.; revising the
    8         purposes for which distributions may be used;
    9         repealing s. 161.05301, F.S., relating to beach
   10         erosion control project staffing; repealing s.
   11         161.091(3), F.S., relating to funding for the state’s
   12         beach management plan; repealing s. 375.045, F.S.,
   13         relating to the Florida Preservation 2000 Trust Fund;
   14         amending s. 375.075, F.S.; requiring specified public
   15         recreation projects to have been selected through the
   16         Department of Environmental Protection’s competitive
   17         selection process prior to the release of funds;
   18         conforming provisions to changes made by the act;
   19         amending ss. 201.0205, 215.618, 215.619, 259.032,
   20         259.1051, 339.0801, 339.55, 341.303, 343.58, 369.252,
   21         379.214, 379.362, 403.8911, 420.5092, and 420.9073,
   22         F.S.; conforming provisions to changes made by the
   23         act; reenacting ss. 201.031(2), 339.2818(6),
   24         339.2819(5), 339.61(3), 341.051(6), 373.470(4)(e), and
   25         420.9079(1), F.S., to incorporate the amendment made
   26         by this act to s. 201.15, F.S., in references thereto;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 201.15, Florida Statutes, is amended to
   32  read:
   33         201.15 Distribution of taxes collected.—All taxes collected
   34  under this chapter, except taxes distributed to the Land
   35  Acquisition Trust Fund pursuant to subsections (1) and (2), are
   36  subject to the service charge imposed in s. 215.20(1). Before
   37  distribution pursuant to under this section, the Department of
   38  Revenue shall deduct amounts necessary to pay the costs of the
   39  collection and enforcement of the tax levied by this chapter.
   40  The Such costs and the service charge may not be levied against
   41  any portion of taxes pledged to debt service on bonds to the
   42  extent that the costs and service charge are required to pay any
   43  amounts relating to the bonds. After distributions are made
   44  pursuant to subsection (1), All of the costs of the collection
   45  and enforcement of the tax levied by this chapter and the
   46  service charge shall be available and transferred to the extent
   47  necessary to pay debt service and any other amounts payable with
   48  respect to bonds authorized before January 1, 2015, secured by
   49  revenues distributed pursuant to this section subsection (1).
   50  All taxes remaining after deduction of costs and the service
   51  charge shall be distributed as follows:
   52         (1) All of the remaining taxes collected under this chapter
   53  are pledged and shall be first made available to make payments
   54  on bonds issued pursuant to s. 215.618 or s. 215.619, as
   55  provided under paragraphs (3)(a) and (b), or on any other bonds
   56  authorized to be issued on a parity basis with such bonds.
   57  Amounts necessary to make such payments shall be deposited in
   58  the Land Acquisition Trust Fund.
   59         (2) If the amounts deposited pursuant to subsection (1) are
   60  less than 33 percent of all taxes collected after first
   61  deducting the costs of collection, an amount equal to 33 percent
   62  of all taxes collected after first deducting the costs of
   63  collection, minus the amounts deposited pursuant to subsection
   64  (1), shall be deposited in the Land Acquisition Trust Fund.
   65         (3) Amounts on deposit in the Land Acquisition Trust Fund
   66  Sixty-three and thirty-one hundredths percent of the remaining
   67  taxes shall be used in for the following order purposes:
   68         (a) Payment of Amounts necessary to pay the debt service
   69  on, or funding of fund debt service reserve funds, rebate
   70  obligations, or other amounts payable with respect to
   71  Preservation 2000 bonds issued pursuant to s. 375.051 and
   72  Florida Forever bonds issued pursuant to s. 215.618, shall be
   73  paid into the State Treasury to the credit of the Land
   74  Acquisition Trust Fund to be used for such purposes. The amount
   75  used for such purposes transferred to the Land Acquisition Trust
   76  Fund may not exceed $300 million in each fiscal year 1999-2000
   77  and thereafter for Preservation 2000 bonds and bonds issued to
   78  refund Preservation 2000 bonds, and $300 million in fiscal year
   79  2000-2001 and thereafter for Florida Forever bonds. The annual
   80  amount transferred to the Land Acquisition Trust Fund for
   81  Florida Forever bonds may not exceed $30 million in the first
   82  fiscal year in which bonds are issued. The limitation on the
   83  amount transferred shall be increased by an additional $30
   84  million in each subsequent fiscal year, but may not exceed a
   85  total of $300 million in any fiscal year for all bonds issued.
   86  It is the intent of the Legislature that all bonds issued to
   87  fund the Florida Forever Act be retired by December 31, 2040.
   88  Except for bonds issued to refund previously issued bonds, no
   89  series of bonds may be issued pursuant to this paragraph unless
   90  such bonds are approved and the debt service for the remainder
   91  of the fiscal year in which the bonds are issued is specifically
   92  appropriated in the General Appropriations Act. For purposes of
   93  refunding Preservation 2000 bonds, amounts designated within
   94  this section for Preservation 2000 and Florida Forever bonds may
   95  be transferred between the two programs to the extent provided
   96  for in the documents authorizing the issuance of the bonds. The
   97  Preservation 2000 bonds and Florida Forever bonds are equally
   98  and ratably secured by moneys distributable to the Land
   99  Acquisition Trust Fund pursuant to this section, except as
  100  specifically provided otherwise by the documents authorizing the
  101  issuance of the bonds. Moneys transferred to the Land
  102  Acquisition Trust Fund pursuant to this paragraph, or earnings
  103  thereon, may not be used or made available to pay debt service
  104  on the Save Our Coast revenue bonds.
  105         (b) Payment Moneys shall be paid into the State Treasury to
  106  the credit of the Save Our Everglades Trust Fund in amounts
  107  necessary to pay debt service, provide reserves, and pay rebate
  108  obligations and other amounts due with respect to bonds issued
  109  pursuant to under s. 215.619. Taxes distributed under paragraph
  110  (a) and this paragraph must be collectively distributed on a pro
  111  rata basis when the available moneys under this subsection are
  112  not sufficient to cover the amounts required under paragraph (a)
  113  and this paragraph.
  114  
  115  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  116  and ratably secured by moneys distributable to the Land
  117  Acquisition Trust Fund.
  118         (4)(c) After the required distributions to the Land
  119  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  120  deduction of the service charge imposed pursuant to s. 215.20(1)
  121  payments under paragraphs (a) and (b), the remainder shall be
  122  distributed as follows paid into the State Treasury to the
  123  credit of:
  124         (a)1.The State Transportation Trust Fund in the Department
  125  of Transportation in the amount of The lesser of 24.18442 38.2
  126  percent of the remainder or $541.75 million in each fiscal year
  127  shall be paid into the State Treasury to the credit of the State
  128  Transportation Trust Fund. Out Of such funds, the first $50
  129  million for the 2012-2013 fiscal year; $65 million for the 2013
  130  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  131  year and all subsequent years, shall be transferred to the State
  132  Economic Enhancement and Development Trust Fund within the
  133  Department of Economic Opportunity. Notwithstanding any other
  134  law, the remaining amount credited to the State Transportation
  135  Trust Fund shall remainder is to be used for the following
  136  specified purposes, notwithstanding any other law to the
  137  contrary:
  138         1.a.For the purposes of Capital funding for the New Starts
  139  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  140  specified in s. 341.051, in the amount of 10 percent of the
  141  these funds;
  142         2.b.For the purposes of The Small County Outreach Program
  143  specified in s. 339.2818, in the amount of 10 5 percent of the
  144  these funds. Effective July 1, 2014, the percentage allocated
  145  under this sub-subparagraph shall be increased to 10 percent;
  146         3.c.For the purposes of The Strategic Intermodal System
  147  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  148  amount of 75 percent of the these funds after deduction of the
  149  payments required pursuant to subparagraphs 1. and 2. allocating
  150  for the New Starts Transit Program described in sub-subparagraph
  151  a. and the Small County Outreach Program described in sub
  152  subparagraph b.; and
  153         4.d.For the purposes of The Transportation Regional
  154  Incentive Program specified in s. 339.2819, in the amount of 25
  155  percent of the these funds after deduction of the payments
  156  required pursuant to subparagraphs 1. and 2. allocating for the
  157  New Starts Transit Program described in sub-subparagraph a. and
  158  the Small County Outreach Program described in sub-subparagraph
  159  b. Effective July 1, 2014, The first $60 million of the funds
  160  allocated pursuant to this subparagraph sub-subparagraph shall
  161  be allocated annually to the Florida Rail Enterprise for the
  162  purposes established in s. 341.303(5).
  163         (b)2.The Grants and Donations Trust Fund in the Department
  164  of Economic Opportunity in the amount of The lesser of .1456 .23
  165  percent of the remainder or $3.25 million in each fiscal year
  166  shall be paid into the State Treasury to the credit of the
  167  Grants and Donations Trust Fund in the Department of Economic
  168  Opportunity to fund technical assistance to local governments.
  169         3. The Ecosystem Management and Restoration Trust Fund in
  170  the amount of the lesser of 2.12 percent of the remainder or $30
  171  million in each fiscal year, to be used for the preservation and
  172  repair of the state’s beaches as provided in ss. 161.091
  173  161.212.
  174         4. General Inspection Trust Fund in the amount of the
  175  lesser of .02 percent of the remainder or $300,000 in each
  176  fiscal year to be used to fund oyster management and restoration
  177  programs as provided in s. 379.362(3).
  178  
  179  Moneys distributed pursuant to paragraphs (a) and (b) this
  180  paragraph may not be pledged for debt service unless such pledge
  181  is approved by referendum of the voters.
  182         (d)After the required payments under paragraphs (a), (b),
  183  and (c), the remainder shall be paid into the State Treasury to
  184  the credit of the General Revenue Fund to be used and expended
  185  for the purposes for which the General Revenue Fund was created
  186  and exists by law.
  187         (2) The lesser of 7.56 percent of the remaining taxes or
  188  $84.9 million in each fiscal year shall be distributed as
  189  follows:
  190         (a) Six million and three hundred thousand dollars shall be
  191  paid into the State Treasury to the credit of the General
  192  Revenue Fund.
  193         (b) The remainder shall be paid into the State Treasury to
  194  the credit of the Land Acquisition Trust Fund. Sums deposited in
  195  the fund pursuant to this subsection may be used for any purpose
  196  for which funds deposited in the Land Acquisition Trust Fund may
  197  lawfully be used.
  198         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  199  $26 million in each fiscal year shall be distributed in the
  200  following order:
  201         1. Amounts necessary to pay debt service or to fund debt
  202  service reserve funds, rebate obligations, or other amounts
  203  payable with respect to bonds issued before February 1, 2009,
  204  pursuant to this subsection shall be paid into the State
  205  Treasury to the credit of the Land Acquisition Trust Fund.
  206         2. Eleven million dollars shall be paid into the State
  207  Treasury to the credit of the General Revenue Fund.
  208         3. The remainder shall be paid into the State Treasury to
  209  the credit of the Land Acquisition Trust Fund.
  210         (b) Moneys deposited in the Land Acquisition Trust Fund
  211  pursuant to this subsection shall be used to acquire coastal
  212  lands or to pay debt service on bonds issued to acquire coastal
  213  lands and to develop and manage lands acquired with moneys from
  214  the trust fund.
  215         (4) The lesser of 4.2 percent of the remaining taxes or
  216  $60.5 million in each fiscal year shall be paid into the State
  217  Treasury to the credit of the Water Management Lands Trust Fund.
  218  Sums deposited in that fund may be used for any purpose
  219  authorized in s. 373.59. An amount equal to the amounts
  220  necessary to pay debt service or to fund debt service reserve
  221  funds, rebate obligations, or other amounts payable with respect
  222  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  223  proviso associated with Specific Appropriation 1626A of the
  224  2014-2015 General Appropriations Act shall be transferred
  225  annually from the Water Management Lands Trust Fund to the
  226  General Revenue Fund.
  227         (5) Of the remaining taxes, 3.52 percent shall be paid into
  228  the State Treasury to the credit of the Conservation and
  229  Recreation Lands Trust Fund to carry out the purposes set forth
  230  in s. 259.032. Eleven and fifteen hundredths percent of the
  231  amount credited to the Conservation and Recreation Lands Trust
  232  Fund pursuant to this subsection shall be transferred to the
  233  State Game Trust Fund and used for land management activities.
  234         (6) The lesser of 2.28 percent of the remaining taxes or
  235  $34.1 million in each fiscal year shall be paid into the State
  236  Treasury to the credit of the Invasive Plant Control Trust Fund
  237  to carry out the purposes set forth in ss. 369.22 and 369.252.
  238         (7) The lesser of .5 percent of the remaining taxes or $9.3
  239  million in each fiscal year shall be paid into the State
  240  Treasury to the credit of the State Game Trust Fund to be used
  241  exclusively for the purpose of implementing the Lake Restoration
  242  2020 Program.
  243         (8) One-half of one percent of the remaining taxes shall be
  244  paid into the State Treasury and divided equally to the credit
  245  of the Department of Environmental Protection Water Quality
  246  Assurance Trust Fund to address water quality impacts associated
  247  with nonagricultural nonpoint sources and to the credit of the
  248  Department of Agriculture and Consumer Services General
  249  Inspection Trust Fund to address water quality impacts
  250  associated with agricultural nonpoint sources, respectively.
  251  These funds shall be used for research, development,
  252  demonstration, and implementation of suitable best management
  253  practices or other measures used to achieve water quality
  254  standards in surface waters and water segments identified
  255  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  256  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  257  management practices and other measures may include cost-share
  258  grants, technical assistance, implementation tracking, and
  259  conservation leases or other agreements for water quality
  260  improvement. The Department of Environmental Protection and the
  261  Department of Agriculture and Consumer Services may adopt rules
  262  governing the distribution of funds for implementation of best
  263  management practices. The unobligated balance of funds received
  264  from the distribution of taxes collected under this chapter to
  265  address water quality impacts associated with nonagricultural
  266  nonpoint sources must be excluded when calculating the
  267  unobligated balance of the Water Quality Assurance Trust Fund as
  268  it relates to the determination of the applicable excise tax
  269  rate.
  270         (c)(9) Seven and fifty-three hundredths percent of the
  271  remainder remaining taxes in each fiscal year shall be paid into
  272  the State Treasury to the credit of the State Housing Trust
  273  Fund. Out Of such funds, beginning in the 2012-2013 fiscal year,
  274  the first $35 million shall be transferred annually, subject to
  275  any distribution required pursuant to under subsection (5) (15),
  276  to the State Economic Enhancement and Development Trust Fund
  277  within the Department of Economic Opportunity. The remainder
  278  shall be used as follows:
  279         1.(a) Half of that amount shall be used for the purposes
  280  for which the State Housing Trust Fund was created and exists by
  281  law.
  282         2.(b) Half of that amount shall be paid into the State
  283  Treasury to the credit of the Local Government Housing Trust
  284  Fund and used for the purposes for which the Local Government
  285  Housing Trust Fund was created and exists by law.
  286         (d)(10) Eight and sixty-six hundredths percent of the
  287  remainder remaining taxes in each fiscal year shall be paid into
  288  the State Treasury to the credit of the State Housing Trust
  289  Fund. Out Of such funds, beginning in the 2012-2013 fiscal year,
  290  the first $40 million shall be transferred annually, subject to
  291  any distribution required pursuant to under subsection (5) (15),
  292  to the State Economic Enhancement and Development Trust Fund
  293  within the Department of Economic Opportunity. The remainder
  294  shall be used as follows:
  295         1.(a) Twelve and one-half percent of that amount shall be
  296  deposited into the State Housing Trust Fund and be expended by
  297  the Department of Economic Opportunity and by the Florida
  298  Housing Finance Corporation for the purposes for which the State
  299  Housing Trust Fund was created and exists by law.
  300         2.(b) Eighty-seven and one-half percent of that amount
  301  shall be distributed to the Local Government Housing Trust Fund
  302  and used for the purposes for which the Local Government Housing
  303  Trust Fund was created and exists by law. Funds from this
  304  category may also be used to provide for state and local
  305  services to assist the homeless.
  306         (e)The sum of $1.16 million in each fiscal year shall be
  307  paid into the State Treasury to the credit of the Internal
  308  Improvement Trust Fund for the purpose of making payment in lieu
  309  of taxes under s. 259.032(12)(b).
  310         (11) The distribution of proceeds deposited into the Water
  311  Management Lands Trust Fund and the Conservation and Recreation
  312  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  313  be used for land acquisition but may be used for preacquisition
  314  costs associated with land purchases. The Legislature intends
  315  that the Florida Forever program supplant the acquisition
  316  programs formerly authorized under ss. 259.032 and 373.59.
  317         (12) Amounts distributed pursuant to subsections (5), (6),
  318  (7), and (8) are subject to the payment of debt service on
  319  outstanding Conservation and Recreation Lands revenue bonds.
  320         (13) In each fiscal year that the remaining taxes exceed
  321  collections in the prior fiscal year, the stated maximum dollar
  322  amounts provided in subsections (2), (4), (6), and (7) shall
  323  each be increased by an amount equal to 10 percent of the
  324  increase in the remaining taxes collected under this chapter
  325  multiplied by the applicable percentage provided in those
  326  subsections.
  327         (14) If the payment requirements in any year for bonds
  328  outstanding on July 1, 2007, or bonds issued to refund such
  329  bonds, exceed the limitations of this section, distributions to
  330  the trust fund from which the bond payments are made must be
  331  increased to the lesser of the amount needed to pay bond
  332  obligations or the limit of the applicable percentage
  333  distribution provided in subsections (1)-(10).
  334         (5)(15) Distributions to the State Housing Trust Fund
  335  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  336  must be sufficient to cover amounts required to be transferred
  337  to the Florida Affordable Housing Guarantee Program’s annual
  338  debt service reserve and guarantee fund pursuant to s.
  339  420.5092(6)(a) and (b) up to the amount required to be
  340  transferred to such reserve and fund based on the percentage
  341  distribution of documentary stamp tax revenues to the State
  342  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  343  year.
  344         (16) If amounts necessary to pay debt service or any other
  345  amounts payable with respect to Preservation 2000 bonds, Florida
  346  Forever bonds, or Everglades Restoration bonds authorized before
  347  January 1, 2015, exceed the amounts distributable pursuant to
  348  subsection (1), all moneys distributable pursuant to this
  349  section are available for such obligations and transferred in
  350  the amounts necessary to pay such obligations when due. However,
  351  amounts distributable pursuant to subsection (2), subsection
  352  (3), subsection (4), subsection (5), paragraph (9)(a), or
  353  paragraph (10)(a) are not available to pay such obligations to
  354  the extent that such moneys are necessary to pay debt service on
  355  bonds secured by revenues pursuant to those provisions.
  356         (6)(17) After the distributions provided in the preceding
  357  subsections, any remaining taxes shall be paid into the State
  358  Treasury to the credit of the General Revenue Fund.
  359         Section 2. Section 161.05301, Florida Statutes, is
  360  repealed.
  361         Section 3. Subsection (3) of section 161.091, Florida
  362  Statutes, is repealed.
  363         Section 4. Section 375.045, Florida Statutes, is repealed.
  364         Section 5. Subsection (1) and paragraph (c) of subsection
  365  (2) of section 375.075, Florida Statutes, are amended to read:
  366         375.075 Outdoor recreation; financial assistance to local
  367  governments.—
  368         (1) The Department of Environmental Protection may is
  369  authorized to establish the Florida Recreation Development
  370  Assistance Program to provide grants to qualified local
  371  governmental entities to acquire or develop land for public
  372  outdoor recreation purposes. To the extent not needed for debt
  373  service on bonds issued pursuant to s. 375.051, each year The
  374  department shall annually develop and plan a program which shall
  375  be based upon funding of not less than 5 percent of the money
  376  credited to the Land Acquisition Trust Fund pursuant to s.
  377  201.15(2) and (3) in that year. The department shall develop and
  378  plan a program which shall be based upon the cumulative total
  379  funding provided from this section and from the Florida Forever
  380  Trust Fund pursuant to s. 259.105(3)(d).
  381         (2)
  382         (c) Funds may not be released under No release of funds
  383  from the Land Acquisition Trust Fund, or from the Florida
  384  Forever Trust Fund beginning in fiscal year 2001-2002, for this
  385  program may be made for these public recreation projects until
  386  the projects have been selected through the competitive
  387  selection process provided for in this section.
  388         Section 6. Section 201.0205, Florida Statutes, is amended
  389  to read:
  390         201.0205 Counties that have implemented ch. 83-220;
  391  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  392  Laws of Florida.—The 10-cent tax increase in the documentary
  393  stamp tax levied by s. 2, chapter 92-317, does not apply to
  394  deeds and other taxable instruments relating to real property
  395  located in any county that has implemented the provisions of
  396  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  397  86-152, and 89-252, Laws of Florida. Each such county and each
  398  eligible jurisdiction within such county may shall not be
  399  eligible to participate in programs funded pursuant to s.
  400  201.15(4)(c) s. 201.15(9). However, each such county and each
  401  eligible jurisdiction within such county may shall be eligible
  402  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  403  201.15(10).
  404         Section 7. Paragraph (a) of subsection (1) and subsection
  405  (3) of section 215.618, Florida Statutes, are amended to read:
  406         215.618 Bonds for acquisition and improvement of land,
  407  water areas, and related property interests and resources.—
  408         (1)(a) The issuance of Florida Forever bonds, not to exceed
  409  $5.3 billion, to finance or refinance the cost of acquisition
  410  and improvement of land, water areas, and related property
  411  interests and resources, in urban and rural settings, for the
  412  purposes of restoration, conservation, recreation, water
  413  resource development, or historical preservation, and for
  414  capital improvements to lands and water areas that accomplish
  415  environmental restoration, enhance public access and
  416  recreational enjoyment, promote long-term management goals, and
  417  facilitate water resource development is hereby authorized,
  418  subject to the provisions of s. 259.105 and pursuant to s.
  419  11(e), Art. VII of the State Constitution. Florida Forever bonds
  420  may also be issued to refund Preservation 2000 bonds issued
  421  pursuant to s. 375.051. The $5.3 billion limitation on the
  422  issuance of Florida Forever bonds does not apply to refunding
  423  bonds. The duration of each series of Florida Forever bonds
  424  issued may not exceed 20 annual maturities. Preservation 2000
  425  bonds and Florida Forever bonds shall be equally and ratably
  426  secured by moneys distributable to the Land Acquisition Trust
  427  Fund pursuant to s. 201.15(1)(a), except to the extent
  428  specifically provided otherwise by the documents authorizing the
  429  issuance of the bonds.
  430         (3) Bonds issued pursuant to this section are shall be
  431  payable from taxes distributable to the Land Acquisition Trust
  432  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
  433  section do shall not constitute a general obligation of, or a
  434  pledge of the full faith and credit of, the state.
  435         Section 8. Subsections (2) and (3) of section 215.619,
  436  Florida Statutes, are amended to read:
  437         215.619 Bonds for Everglades restoration.—
  438         (2) The state covenants with the holders of Everglades
  439  restoration bonds that it will not take any action that will
  440  materially and adversely affect the rights of the holders so
  441  long as the bonds are outstanding, including, but not limited
  442  to, a reduction in the portion of documentary stamp taxes
  443  distributable pursuant to under s. 201.15(1) for payment of debt
  444  service on Preservation 2000 bonds, Florida Forever bonds, or
  445  Everglades restoration bonds.
  446         (3) Everglades restoration bonds are payable from, and
  447  secured by a first lien on, taxes distributable pursuant to
  448  under s. 201.15(1)(b) and do not constitute a general obligation
  449  of, or a pledge of the full faith and credit of, the state.
  450  Everglades restoration bonds shall be secured on a parity basis
  451  with bonds secured by moneys distributable pursuant to under s.
  452  201.15(1)(a).
  453         Section 9. Paragraph (a) of subsection (2) of section
  454  259.032, Florida Statutes, is amended to read:
  455         259.032 Conservation and Recreation Lands Trust Fund;
  456  purpose.—
  457         (2)(a) The Conservation and Recreation Lands Trust Fund is
  458  established within the Department of Environmental Protection.
  459  The fund shall be used as a nonlapsing, revolving fund
  460  exclusively for the purposes of this section. The Department of
  461  Revenue fund shall credit the fund each month be credited with
  462  the proceeds from the following excise taxes:
  463         1. The excise taxes on documents as provided in s. 201.15;
  464  and
  465         2. The excise tax on the severance of phosphate rock as
  466  provided in s. 211.3103.
  467  
  468  The Department of Revenue shall credit to the fund each month
  469  the proceeds from such taxes as provided in this paragraph.
  470         Section 10. Subsections (1) and (3) of section 259.1051,
  471  Florida Statutes, are amended to read:
  472         259.1051 Florida Forever Trust Fund.—
  473         (1) There is created The Florida Forever Trust Fund is
  474  created to carry out the purposes of ss. 259.032, 259.105,
  475  259.1052, and 375.031. The Florida Forever Trust Fund shall be
  476  held and administered by the department of Environmental
  477  Protection. Proceeds from the sale of bonds, except proceeds of
  478  refunding bonds, issued pursuant to under s. 215.618 and payable
  479  from moneys transferred to the Land Acquisition Trust Fund
  480  pursuant to under s. 201.15(1)(a), not to exceed $5.3 billion,
  481  shall must be deposited into this trust fund to be distributed
  482  and used as provided in s. 259.105(3). The bond resolution
  483  adopted by the governing board of the division of Bond Finance
  484  of the State Board of Administration may provide for additional
  485  provisions that govern the disbursement of the bond proceeds.
  486         (3) The department of Environmental Protection shall ensure
  487  that the proceeds from the sale of bonds issued pursuant to
  488  under s. 215.618 and payable from moneys transferred to the Land
  489  Acquisition Trust Fund pursuant to under s. 201.15(1)(a) are
  490  shall be administered and expended in a manner that ensures
  491  compliance of each issue of bonds that are issued on the basis
  492  that interest thereon will be excluded from gross income for
  493  federal income tax purposes, with the applicable provisions of
  494  the United States Internal Revenue Code and the regulations
  495  adopted promulgated thereunder, to the extent necessary to
  496  preserve the exclusion of interest on the bonds from gross
  497  income for federal income tax purposes. The department of
  498  Environmental Protection shall administer the use and
  499  disbursement of the proceeds of such bonds or require that such
  500  the use and disbursement thereof be administered in a manner to
  501  implement strategies to maximize any available benefits under
  502  the applicable provisions of the United States Internal Revenue
  503  Code or regulations adopted promulgated thereunder, if
  504  consistent to the extent not inconsistent with the purposes
  505  identified in s. 259.105(3).
  506         Section 11. Subsection (4) of section 339.0801, Florida
  507  Statutes, is amended to read:
  508         339.0801 Allocation of increased revenues derived from
  509  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  510  from increased revenues to the State Transportation Trust Fund
  511  derived from the amendments to s. 319.32(5)(a) made by this act
  512  must be used annually, first as set forth in subsection (1) and
  513  then as set forth in subsections (2)-(5), notwithstanding any
  514  other provision of law:
  515         (4) Beginning in the 2013-2014 fiscal year and annually
  516  thereafter, $10 million shall be allocated to the Small County
  517  Outreach Program, to be used as specified in s. 339.2818. These
  518  funds are in addition to the funds provided for the program
  519  pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
  520         Section 12. Subsection (9) of section 339.55, Florida
  521  Statutes, is amended to read:
  522         339.55 State-funded infrastructure bank.—
  523         (9) Funds paid into the State Transportation Trust Fund
  524  pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
  525  State Infrastructure Bank are hereby annually appropriated for
  526  expenditure to support that program.
  527         Section 13. Subsection (5) of section 341.303, Florida
  528  Statutes, is amended to read:
  529         341.303 Funding authorization and appropriations;
  530  eligibility and participation.—
  531         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
  532         (a) The department, through the Florida Rail Enterprise, is
  533  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
  534  under s. 201.15(1)(c)1.d. to fund:
  535         (a) Up to 50 percent of the nonfederal share of the costs
  536  of any eligible passenger rail capital improvement project.
  537         (b) The department, through the Florida Rail Enterprise, is
  538  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  539  fund Up to 100 percent of planning and development costs related
  540  to the provision of a passenger rail system, including, but not
  541  limited to, preliminary engineering, revenue studies,
  542  environmental impact studies, financial advisory services,
  543  engineering design, and other appropriate professional services.
  544         (c) The department, through the Florida Rail Enterprise, is
  545  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  546  fund The high-speed rail system.
  547         (d) The department, through the Florida Rail Enterprise, is
  548  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  549  fund Projects necessary to identify or address anticipated
  550  impacts of increased freight rail traffic resulting from the
  551  implementation of passenger rail systems as provided in s.
  552  341.302(3)(b).
  553         Section 14. Paragraph (b) of subsection (4) of section
  554  343.58, Florida Statutes, is amended to read:
  555         343.58 County funding for the South Florida Regional
  556  Transportation Authority.—
  557         (4) Notwithstanding any other provision of law to the
  558  contrary and effective July 1, 2010, until as provided in
  559  paragraph (d), the department shall transfer annually from the
  560  State Transportation Trust Fund to the South Florida Regional
  561  Transportation Authority the amounts specified in subparagraph
  562  (a)1. or subparagraph (a)2.
  563         (b) Funding required by this subsection may not be provided
  564  from the funds dedicated to the Florida Rail Enterprise pursuant
  565  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
  566         Section 15. Section 369.252, Florida Statutes, is amended
  567  to read:
  568         369.252 Invasive plant control on public lands.—The Fish
  569  and Wildlife Conservation Commission shall establish a program
  570  that will accomplish all of the following to:
  571         (1) Achieve eradication or maintenance control of invasive
  572  exotic plants on public lands when the scientific data indicate
  573  that they are detrimental to the state’s natural environment or
  574  when the Commissioner of Agriculture finds that such plants or
  575  specific populations thereof are a threat to the agricultural
  576  productivity of the state.;
  577         (2) Assist state and local government agencies in the
  578  development and implementation of coordinated management plans
  579  for the eradication or maintenance control of invasive exotic
  580  plant species on public lands.;
  581         (3) Contract, or enter into agreements, with entities in
  582  the State University System or other governmental or private
  583  sector entities for research concerning control agents;
  584  production and growth of biological control agents; and
  585  development of workable methods for the eradication or
  586  maintenance control of invasive exotic plants on public lands.;
  587  and
  588         (4) Use funds in the Invasive Plant Control Trust Fund as
  589  authorized by the Legislature for carrying out activities under
  590  this section on public lands. A minimum of 20 percent of the
  591  amount credited to the Invasive Plant Control Trust Fund
  592  pursuant to s. 201.15(6) shall be used for the purpose of
  593  controlling nonnative, upland, invasive plant species on public
  594  lands.
  595         Section 16. Subsection (2) of section 379.214, Florida
  596  Statutes, is amended to read:
  597         379.214 Invasive Plant Control Trust Fund.—
  598         (2) Funds to be credited to and uses of the trust fund
  599  shall be administered in accordance with the provisions of ss.
  600  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
  601         Section 17. Subsection (3) of section 379.362, Florida
  602  Statutes, is amended to read:
  603         379.362 Wholesale and retail saltwater products dealers;
  604  regulation.—
  605         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
  606  Department of Agriculture and Consumer Services shall use or
  607  distribute funds paid into the State Treasury to the credit of
  608  the General Inspection Trust Fund pursuant to s. 201.15, less
  609  reasonable costs of administration, to fund the following oyster
  610  management and restoration programs in Apalachicola Bay and
  611  other oyster harvest areas in the state:
  612         (a) The relaying and transplanting of live oysters.
  613         (b) Shell planting to construct or rehabilitate oyster
  614  bars.
  615         (c) Education programs for licensed oyster harvesters on
  616  oyster biology, aquaculture, boating and water safety,
  617  sanitation, resource conservation, small business management,
  618  and other relevant subjects.
  619         (d) Research directed toward the enhancement of oyster
  620  production in the bay and the water management needs of the bay.
  621         Section 18. Section 403.8911, Florida Statutes, is amended
  622  to read:
  623         403.8911 Annual appropriation from the Water Protection and
  624  Sustainability Program Trust Fund.—
  625         (1) Funds paid into the Water Protection and Sustainability
  626  Program Trust Fund pursuant to s. 201.15 are hereby annually
  627  appropriated for expenditure for the purposes for which the
  628  Water Protection and Sustainability Program trust fund is
  629  established.
  630         (2) If the Water Protection and Sustainability Program
  631  trust fund is not created, such funds are hereby annually
  632  appropriated for expenditure from the Ecosystem Management and
  633  Restoration Trust Fund solely for the purposes established in s.
  634  403.890.
  635         Section 19. Subsections (5) and (6) of section 420.5092,
  636  Florida Statutes, are amended to read:
  637         420.5092 Florida Affordable Housing Guarantee Program.—
  638         (5) Pursuant to s. 16, Art. VII of the State Constitution,
  639  the corporation may issue, in accordance with s. 420.509,
  640  revenue bonds of the corporation to establish the guarantee
  641  fund. The Such revenue bonds are shall be primarily payable from
  642  and secured by annual debt service reserves, from interest
  643  earned on funds on deposit in the guarantee fund, from fees,
  644  charges, and reimbursements established by the corporation for
  645  the issuance of affordable housing guarantees, and from any
  646  other revenue sources received by the corporation and deposited
  647  by the corporation into the guarantee fund for the issuance of
  648  affordable housing guarantees. If To the extent such primary
  649  revenue sources are considered insufficient by the corporation,
  650  pursuant to the certification provided in subsection (6), to
  651  fully fund the annual debt service reserve, the certified
  652  deficiency in such reserve is also shall be additionally payable
  653  from the first proceeds of the documentary stamp tax moneys
  654  deposited into the State Housing Trust Fund pursuant to s.
  655  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
  656  ensuing state fiscal year.
  657         (6)(a) If the primary revenue sources to be used for
  658  repayment of revenue bonds used to establish the guarantee fund
  659  are insufficient for such repayment, the annual principal and
  660  interest due on each series of revenue bonds is shall be payable
  661  from funds in the annual debt service reserve. The corporation
  662  shall, before June 1 of each year, perform a financial audit to
  663  determine whether at the end of the state fiscal year there will
  664  be on deposit in the guarantee fund an annual debt service
  665  reserve from interest earned pursuant to the investment of the
  666  guarantee fund, fees, charges, and reimbursements received from
  667  issued affordable housing guarantees and other revenue sources
  668  available to the corporation. Based upon the findings in such
  669  guarantee fund financial audit, the corporation shall certify to
  670  the Chief Financial Officer the amount of any projected
  671  deficiency in the annual debt service reserve for any series of
  672  outstanding bonds as of the end of the state fiscal year and the
  673  amount necessary to maintain such annual debt service reserve.
  674  Upon receipt of such certification, the Chief Financial Officer
  675  shall transfer to the annual debt service reserve, from the
  676  first available taxes distributed to the State Housing Trust
  677  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  678  (10)(a) during the ensuing state fiscal year, the amount
  679  certified as necessary to maintain the annual debt service
  680  reserve.
  681         (b) If the claims payment obligations under affordable
  682  housing guarantees from amounts on deposit in the guarantee fund
  683  would cause the claims paying rating assigned to the guarantee
  684  fund to be less than the third-highest rating classification of
  685  any nationally recognized rating service, which classifications
  686  being consistent with s. 215.84(3) and rules adopted thereto by
  687  the State Board of Administration, the corporation shall certify
  688  to the Chief Financial Officer the amount of such claims payment
  689  obligations. Upon receipt of such certification, the Chief
  690  Financial Officer shall transfer to the guarantee fund, from the
  691  first available taxes distributed to the State Housing Trust
  692  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  693  (10)(a) during the ensuing state fiscal year, the amount
  694  certified as necessary to meet such obligations, such transfer
  695  to be subordinate to any transfer referenced in paragraph (a)
  696  and not to exceed 50 percent of the amounts distributed to the
  697  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
  698  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
  699         Section 20. Subsections (1), (2), and (3) of section
  700  420.9073, Florida Statutes, are amended to read:
  701         420.9073 Local housing distributions.—
  702         (1) Distributions calculated in this section shall be
  703  disbursed on a quarterly or more frequent basis by the
  704  corporation pursuant to s. 420.9072, subject to availability of
  705  funds. Each county’s share of the funds to be distributed from
  706  the portion of the funds in the Local Government Housing Trust
  707  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
  708  calculated by the corporation for each fiscal year as follows:
  709         (a) Each county other than a county that has implemented
  710  the provisions of chapter 83-220, Laws of Florida, as amended by
  711  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  712  receive the guaranteed amount for each fiscal year.
  713         (b) Each county other than a county that has implemented
  714  the provisions of chapter 83-220, Laws of Florida, as amended by
  715  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  716  receive an additional share calculated as follows:
  717         1. Multiply each county’s percentage of the total state
  718  population excluding the population of any county that has
  719  implemented the provisions of chapter 83-220, Laws of Florida,
  720  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  721  Florida, by the total funds to be distributed.
  722         2. If the result in subparagraph 1. is less than the
  723  guaranteed amount as determined in subsection (3), that county’s
  724  additional share shall be zero.
  725         3. For each county in which the result in subparagraph 1.
  726  is greater than the guaranteed amount as determined in
  727  subsection (3), the amount calculated in subparagraph 1. shall
  728  be reduced by the guaranteed amount. The result for each such
  729  county shall be expressed as a percentage of the amounts so
  730  determined for all counties. Each such county shall receive an
  731  additional share equal to such percentage multiplied by the
  732  total funds received by the Local Government Housing Trust Fund
  733  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
  734  guaranteed amount paid to all counties.
  735         (2) Distributions calculated in this section shall be
  736  disbursed on a quarterly or more frequent basis by the
  737  corporation pursuant to s. 420.9072, subject to availability of
  738  funds. Each county’s share of the funds to be distributed from
  739  the portion of the funds in the Local Government Housing Trust
  740  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
  741  calculated by the corporation for each fiscal year as follows:
  742         (a) Each county shall receive the guaranteed amount for
  743  each fiscal year.
  744         (b) Each county may receive an additional share calculated
  745  as follows:
  746         1. Multiply each county’s percentage of the total state
  747  population, by the total funds to be distributed.
  748         2. If the result in subparagraph 1. is less than the
  749  guaranteed amount as determined in subsection (3), that county’s
  750  additional share shall be zero.
  751         3. For each county in which the result in subparagraph 1.
  752  is greater than the guaranteed amount, the amount calculated in
  753  subparagraph 1. shall be reduced by the guaranteed amount. The
  754  result for each such county shall be expressed as a percentage
  755  of the amounts so determined for all counties. Each such county
  756  shall receive an additional share equal to this percentage
  757  multiplied by the total funds received by the Local Government
  758  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
  759  reduced by the guaranteed amount paid to all counties.
  760         (3) Calculation of guaranteed amounts:
  761         (a) The guaranteed amount under subsection (1) shall be
  762  calculated for each state fiscal year by multiplying $350,000 by
  763  a fraction, the numerator of which is the amount of funds
  764  distributed to the Local Government Housing Trust Fund pursuant
  765  to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
  766  the total amount of funds distributed to the Local Government
  767  Housing Trust Fund pursuant to s. 201.15.
  768         (b) The guaranteed amount under subsection (2) shall be
  769  calculated for each state fiscal year by multiplying $350,000 by
  770  a fraction, the numerator of which is the amount of funds
  771  distributed to the Local Government Housing Trust Fund pursuant
  772  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
  773  the total amount of funds distributed to the Local Government
  774  Housing Trust Fund pursuant to s. 201.15.
  775         Section 21. Subsection (2) of s. 201.031, subsection (6) of
  776  s. 339.2818, subsection (5) of s. 339.2819, subsection (3) of s.
  777  339.61, subsection (6) of s. 341.051, paragraph (e) of
  778  subsection (4) of s. 373.470, and subsection (1) of s. 420.9079,
  779  Florida Statutes, are reenacted for the purpose of incorporating
  780  the amendment made by this act to s. 201.15, Florida Statutes,
  781  in references thereto.
  782         Section 22. This act shall take effect July 1, 2015.