Florida Senate - 2015                       CS for CS for SB 586
       
       
        
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senator Dean
       
       
       
       
       576-02511-15                                           2015586c2
    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 s. 339.2818(6), F.S., relating to the
   24         Small County Outreach Program, s. 339.2819(5), F.S.,
   25         relating to the Transportation Regional Incentive
   26         Program, s. 339.61(3), F.S., relating to the Florida
   27         Strategic Intermodal System, s. 341.051(6), F.S.,
   28         relating to the New Starts Transit Program, s.
   29         373.470(4)(e), F.S., relating to debt service for
   30         Everglades restoration bonds, and s. 420.9079(1),
   31         F.S., relating to the Local Government Housing Trust
   32         Fund, to incorporate the amendment made by this act to
   33         s. 201.15, F.S., in references thereto; providing an
   34         effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 201.15, Florida Statutes, is amended to
   39  read:
   40         201.15 Distribution of taxes collected.—All taxes collected
   41  under this chapter, except taxes distributed to the Land
   42  Acquisition Trust Fund pursuant to subsections (1) and (2), are
   43  subject to the service charge imposed in s. 215.20(1). Before
   44  distribution pursuant to under this section, the Department of
   45  Revenue shall deduct amounts necessary to pay the costs of the
   46  collection and enforcement of the tax levied by this chapter.
   47  The Such costs and the service charge may not be levied against
   48  any portion of taxes pledged to debt service on bonds to the
   49  extent that the costs and service charge are required to pay any
   50  amounts relating to the bonds. After distributions are made
   51  pursuant to subsection (1), All of the costs of the collection
   52  and enforcement of the tax levied by this chapter and the
   53  service charge shall be available and transferred to the extent
   54  necessary to pay debt service and any other amounts payable with
   55  respect to bonds authorized before January 1, 2015, secured by
   56  revenues distributed pursuant to this section subsection (1).
   57  All taxes remaining after deduction of costs and the service
   58  charge shall be distributed as follows:
   59         (1) All of the remaining taxes collected under this chapter
   60  are pledged and shall be first made available to make payments
   61  on bonds issued pursuant to s. 215.618 or s. 215.619, as
   62  provided under paragraphs (3)(a) and (b), or on any other bonds
   63  authorized to be issued on a parity basis with such bonds.
   64  Amounts necessary to make such payments shall be deposited in
   65  the Land Acquisition Trust Fund.
   66         (2) If the amounts deposited pursuant to subsection (1) are
   67  less than 33 percent of all taxes collected after first
   68  deducting the costs of collection, an amount equal to 33 percent
   69  of all taxes collected after first deducting the costs of
   70  collection, minus the amounts deposited pursuant to subsection
   71  (1), shall be deposited in the Land Acquisition Trust Fund.
   72         (3) Amounts on deposit in the Land Acquisition Trust Fund
   73  Sixty-three and thirty-one hundredths percent of the remaining
   74  taxes shall be used in for the following order purposes:
   75         (a) Payment of Amounts necessary to pay the debt service
   76  on, or funding of fund debt service reserve funds, rebate
   77  obligations, or other amounts payable with respect to
   78  Preservation 2000 bonds issued pursuant to s. 375.051 and
   79  Florida Forever bonds issued pursuant to s. 215.618, shall be
   80  paid into the State Treasury to the credit of the Land
   81  Acquisition Trust Fund to be used for such purposes. The amount
   82  used for such purposes transferred to the Land Acquisition Trust
   83  Fund may not exceed $300 million in each fiscal year 1999-2000
   84  and thereafter for Preservation 2000 bonds and bonds issued to
   85  refund Preservation 2000 bonds, and $300 million in fiscal year
   86  2000-2001 and thereafter for Florida Forever bonds. The annual
   87  amount transferred to the Land Acquisition Trust Fund for
   88  Florida Forever bonds may not exceed $30 million in the first
   89  fiscal year in which bonds are issued. The limitation on the
   90  amount transferred shall be increased by an additional $30
   91  million in each subsequent fiscal year, but may not exceed a
   92  total of $300 million in any fiscal year for all bonds issued.
   93  It is the intent of the Legislature that all bonds issued to
   94  fund the Florida Forever Act be retired by December 31, 2040.
   95  Except for bonds issued to refund previously issued bonds, no
   96  series of bonds may be issued pursuant to this paragraph unless
   97  such bonds are approved and the debt service for the remainder
   98  of the fiscal year in which the bonds are issued is specifically
   99  appropriated in the General Appropriations Act. For purposes of
  100  refunding Preservation 2000 bonds, amounts designated within
  101  this section for Preservation 2000 and Florida Forever bonds may
  102  be transferred between the two programs to the extent provided
  103  for in the documents authorizing the issuance of the bonds. The
  104  Preservation 2000 bonds and Florida Forever bonds are equally
  105  and ratably secured by moneys distributable to the Land
  106  Acquisition Trust Fund pursuant to this section, except as
  107  specifically provided otherwise by the documents authorizing the
  108  issuance of the bonds. Moneys transferred to the Land
  109  Acquisition Trust Fund pursuant to this paragraph, or earnings
  110  thereon, may not be used or made available to pay debt service
  111  on the Save Our Coast revenue bonds.
  112         (b) Payment Moneys shall be paid into the State Treasury to
  113  the credit of the Save Our Everglades Trust Fund in amounts
  114  necessary to pay debt service, provide reserves, and pay rebate
  115  obligations and other amounts due with respect to bonds issued
  116  pursuant to under s. 215.619. Taxes distributed under paragraph
  117  (a) and this paragraph must be collectively distributed on a pro
  118  rata basis when the available moneys under this subsection are
  119  not sufficient to cover the amounts required under paragraph (a)
  120  and this paragraph.
  121  
  122  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  123  and ratably secured by moneys distributable to the Land
  124  Acquisition Trust Fund.
  125         (4)(c) After the required distributions to the Land
  126  Acquisition Trust Fund pursuant to subsections (1) and (2) and
  127  deduction of the service charge imposed pursuant to s. 215.20(1)
  128  payments under paragraphs (a) and (b), the remainder shall be
  129  distributed as follows paid into the State Treasury to the
  130  credit of:
  131         (a)1.The State Transportation Trust Fund in the Department
  132  of Transportation in the amount of The lesser of 24.18442 38.2
  133  percent of the remainder or $541.75 million in each fiscal year
  134  shall be paid into the State Treasury to the credit of the State
  135  Transportation Trust Fund. Out Of such funds, the first $50
  136  million for the 2012-2013 fiscal year; $65 million for the 2013
  137  2014 fiscal year; and $75 million for each the 2014-2015 fiscal
  138  year and all subsequent years, shall be transferred to the State
  139  Economic Enhancement and Development Trust Fund within the
  140  Department of Economic Opportunity. Notwithstanding any other
  141  law, the remaining amount credited to the State Transportation
  142  Trust Fund shall remainder is to be used for the following
  143  specified purposes, notwithstanding any other law to the
  144  contrary:
  145         1.a.For the purposes of Capital funding for the New Starts
  146  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  147  specified in s. 341.051, in the amount of 10 percent of the
  148  these funds;
  149         2.b.For the purposes of The Small County Outreach Program
  150  specified in s. 339.2818, in the amount of 10 5 percent of the
  151  these funds. Effective July 1, 2014, the percentage allocated
  152  under this sub-subparagraph shall be increased to 10 percent;
  153         3.c.For the purposes of The Strategic Intermodal System
  154  specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
  155  amount of 75 percent of the these funds after deduction of the
  156  payments required pursuant to subparagraphs 1. and 2. allocating
  157  for the New Starts Transit Program described in sub-subparagraph
  158  a. and the Small County Outreach Program described in sub
  159  subparagraph b.; and
  160         4.d.For the purposes of The Transportation Regional
  161  Incentive Program specified in s. 339.2819, in the amount of 25
  162  percent of the these funds after deduction of the payments
  163  required pursuant to subparagraphs 1. and 2. allocating for the
  164  New Starts Transit Program described in sub-subparagraph a. and
  165  the Small County Outreach Program described in sub-subparagraph
  166  b. Effective July 1, 2014, The first $60 million of the funds
  167  allocated pursuant to this subparagraph sub-subparagraph shall
  168  be allocated annually to the Florida Rail Enterprise for the
  169  purposes established in s. 341.303(5).
  170         (b)2.The Grants and Donations Trust Fund in the Department
  171  of Economic Opportunity in the amount of The lesser of .1456 .23
  172  percent of the remainder or $3.25 million in each fiscal year
  173  shall be paid into the State Treasury to the credit of the
  174  Grants and Donations Trust Fund in the Department of Economic
  175  Opportunity to fund technical assistance to local governments.
  176         3. The Ecosystem Management and Restoration Trust Fund in
  177  the amount of the lesser of 2.12 percent of the remainder or $30
  178  million in each fiscal year, to be used for the preservation and
  179  repair of the state’s beaches as provided in ss. 161.091
  180  161.212.
  181         4. General Inspection Trust Fund in the amount of the
  182  lesser of .02 percent of the remainder or $300,000 in each
  183  fiscal year to be used to fund oyster management and restoration
  184  programs as provided in s. 379.362(3).
  185  
  186  Moneys distributed pursuant to paragraphs (a) and (b) this
  187  paragraph may not be pledged for debt service unless such pledge
  188  is approved by referendum of the voters.
  189         (d)After the required payments under paragraphs (a), (b),
  190  and (c), the remainder shall be paid into the State Treasury to
  191  the credit of the General Revenue Fund to be used and expended
  192  for the purposes for which the General Revenue Fund was created
  193  and exists by law.
  194         (2) The lesser of 7.56 percent of the remaining taxes or
  195  $84.9 million in each fiscal year shall be distributed as
  196  follows:
  197         (a) Six million and three hundred thousand dollars shall be
  198  paid into the State Treasury to the credit of the General
  199  Revenue Fund.
  200         (b) The remainder shall be paid into the State Treasury to
  201  the credit of the Land Acquisition Trust Fund. Sums deposited in
  202  the fund pursuant to this subsection may be used for any purpose
  203  for which funds deposited in the Land Acquisition Trust Fund may
  204  lawfully be used.
  205         (3)(a) The lesser of 1.94 percent of the remaining taxes or
  206  $26 million in each fiscal year shall be distributed in the
  207  following order:
  208         1. Amounts necessary to pay debt service or to fund debt
  209  service reserve funds, rebate obligations, or other amounts
  210  payable with respect to bonds issued before February 1, 2009,
  211  pursuant to this subsection shall be paid into the State
  212  Treasury to the credit of the Land Acquisition Trust Fund.
  213         2. Eleven million dollars shall be paid into the State
  214  Treasury to the credit of the General Revenue Fund.
  215         3. The remainder shall be paid into the State Treasury to
  216  the credit of the Land Acquisition Trust Fund.
  217         (b) Moneys deposited in the Land Acquisition Trust Fund
  218  pursuant to this subsection shall be used to acquire coastal
  219  lands or to pay debt service on bonds issued to acquire coastal
  220  lands and to develop and manage lands acquired with moneys from
  221  the trust fund.
  222         (4) The lesser of 4.2 percent of the remaining taxes or
  223  $60.5 million in each fiscal year shall be paid into the State
  224  Treasury to the credit of the Water Management Lands Trust Fund.
  225  Sums deposited in that fund may be used for any purpose
  226  authorized in s. 373.59. An amount equal to the amounts
  227  necessary to pay debt service or to fund debt service reserve
  228  funds, rebate obligations, or other amounts payable with respect
  229  to bonds authorized pursuant to s. 215.619(1)(a)2. and the
  230  proviso associated with Specific Appropriation 1626A of the
  231  2014-2015 General Appropriations Act shall be transferred
  232  annually from the Water Management Lands Trust Fund to the
  233  General Revenue Fund.
  234         (5) Of the remaining taxes, 3.52 percent shall be paid into
  235  the State Treasury to the credit of the Conservation and
  236  Recreation Lands Trust Fund to carry out the purposes set forth
  237  in s. 259.032. Eleven and fifteen hundredths percent of the
  238  amount credited to the Conservation and Recreation Lands Trust
  239  Fund pursuant to this subsection shall be transferred to the
  240  State Game Trust Fund and used for land management activities.
  241         (6) The lesser of 2.28 percent of the remaining taxes or
  242  $34.1 million in each fiscal year shall be paid into the State
  243  Treasury to the credit of the Invasive Plant Control Trust Fund
  244  to carry out the purposes set forth in ss. 369.22 and 369.252.
  245         (7) The lesser of .5 percent of the remaining taxes or $9.3
  246  million in each fiscal year shall be paid into the State
  247  Treasury to the credit of the State Game Trust Fund to be used
  248  exclusively for the purpose of implementing the Lake Restoration
  249  2020 Program.
  250         (8) One-half of one percent of the remaining taxes shall be
  251  paid into the State Treasury and divided equally to the credit
  252  of the Department of Environmental Protection Water Quality
  253  Assurance Trust Fund to address water quality impacts associated
  254  with nonagricultural nonpoint sources and to the credit of the
  255  Department of Agriculture and Consumer Services General
  256  Inspection Trust Fund to address water quality impacts
  257  associated with agricultural nonpoint sources, respectively.
  258  These funds shall be used for research, development,
  259  demonstration, and implementation of suitable best management
  260  practices or other measures used to achieve water quality
  261  standards in surface waters and water segments identified
  262  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
  263  500, 33 U.S.C. ss. 1251 et seq. Implementation of best
  264  management practices and other measures may include cost-share
  265  grants, technical assistance, implementation tracking, and
  266  conservation leases or other agreements for water quality
  267  improvement. The Department of Environmental Protection and the
  268  Department of Agriculture and Consumer Services may adopt rules
  269  governing the distribution of funds for implementation of best
  270  management practices. The unobligated balance of funds received
  271  from the distribution of taxes collected under this chapter to
  272  address water quality impacts associated with nonagricultural
  273  nonpoint sources must be excluded when calculating the
  274  unobligated balance of the Water Quality Assurance Trust Fund as
  275  it relates to the determination of the applicable excise tax
  276  rate.
  277         (c)(9)Eleven and twenty-four Seven and fifty-three
  278  hundredths percent of the remainder remaining taxes in each
  279  fiscal year shall be paid into the State Treasury to the credit
  280  of the State Housing Trust Fund. Out Of such funds, beginning in
  281  the 2012-2013 fiscal year, the first $35 million shall be
  282  transferred annually, subject to any distribution required
  283  pursuant to under subsection (5) (15), to the State Economic
  284  Enhancement and Development Trust Fund within the Department of
  285  Economic Opportunity. The remainder shall be used as follows:
  286         1.(a) Half of that amount shall be used for the purposes
  287  for which the State Housing Trust Fund was created and exists by
  288  law.
  289         2.(b) Half of that amount shall be paid into the State
  290  Treasury to the credit of the Local Government Housing Trust
  291  Fund and used for the purposes for which the Local Government
  292  Housing Trust Fund was created and exists by law.
  293         (d)(10)Twelve and ninety-three Eight and sixty-six
  294  hundredths percent of the remainder remaining taxes in each
  295  fiscal year shall be paid into the State Treasury to the credit
  296  of the State Housing Trust Fund. Out Of such funds, beginning in
  297  the 2012-2013 fiscal year, the first $40 million shall be
  298  transferred annually, subject to any distribution required
  299  pursuant to under subsection (5) (15), to the State Economic
  300  Enhancement and Development Trust Fund within the Department of
  301  Economic Opportunity. The remainder shall be used as follows:
  302         1.(a) Twelve and one-half percent of that amount shall be
  303  deposited into the State Housing Trust Fund and be expended by
  304  the Department of Economic Opportunity and by the Florida
  305  Housing Finance Corporation for the purposes for which the State
  306  Housing Trust Fund was created and exists by law.
  307         2.(b) Eighty-seven and one-half percent of that amount
  308  shall be distributed to the Local Government Housing Trust Fund
  309  and used for the purposes for which the Local Government Housing
  310  Trust Fund was created and exists by law. Funds from this
  311  category may also be used to provide for state and local
  312  services to assist the homeless.
  313         (e)The sum of $1.16 million in each fiscal year shall be
  314  paid into the State Treasury to the credit of the Internal
  315  Improvement Trust Fund for the purpose of making payment in lieu
  316  of taxes under s. 259.032(12)(b).
  317         (11) The distribution of proceeds deposited into the Water
  318  Management Lands Trust Fund and the Conservation and Recreation
  319  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  320  be used for land acquisition but may be used for preacquisition
  321  costs associated with land purchases. The Legislature intends
  322  that the Florida Forever program supplant the acquisition
  323  programs formerly authorized under ss. 259.032 and 373.59.
  324         (12) Amounts distributed pursuant to subsections (5), (6),
  325  (7), and (8) are subject to the payment of debt service on
  326  outstanding Conservation and Recreation Lands revenue bonds.
  327         (13) In each fiscal year that the remaining taxes exceed
  328  collections in the prior fiscal year, the stated maximum dollar
  329  amounts provided in subsections (2), (4), (6), and (7) shall
  330  each be increased by an amount equal to 10 percent of the
  331  increase in the remaining taxes collected under this chapter
  332  multiplied by the applicable percentage provided in those
  333  subsections.
  334         (14) If the payment requirements in any year for bonds
  335  outstanding on July 1, 2007, or bonds issued to refund such
  336  bonds, exceed the limitations of this section, distributions to
  337  the trust fund from which the bond payments are made must be
  338  increased to the lesser of the amount needed to pay bond
  339  obligations or the limit of the applicable percentage
  340  distribution provided in subsections (1)-(10).
  341         (5)(15) Distributions to the State Housing Trust Fund
  342  pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
  343  must be sufficient to cover amounts required to be transferred
  344  to the Florida Affordable Housing Guarantee Program’s annual
  345  debt service reserve and guarantee fund pursuant to s.
  346  420.5092(6)(a) and (b) up to the amount required to be
  347  transferred to such reserve and fund based on the percentage
  348  distribution of documentary stamp tax revenues to the State
  349  Housing Trust Fund which is in effect in the 2004-2005 fiscal
  350  year.
  351         (16) If amounts necessary to pay debt service or any other
  352  amounts payable with respect to Preservation 2000 bonds, Florida
  353  Forever bonds, or Everglades Restoration bonds authorized before
  354  January 1, 2015, exceed the amounts distributable pursuant to
  355  subsection (1), all moneys distributable pursuant to this
  356  section are available for such obligations and transferred in
  357  the amounts necessary to pay such obligations when due. However,
  358  amounts distributable pursuant to subsection (2), subsection
  359  (3), subsection (4), subsection (5), paragraph (9)(a), or
  360  paragraph (10)(a) are not available to pay such obligations to
  361  the extent that such moneys are necessary to pay debt service on
  362  bonds secured by revenues pursuant to those provisions.
  363         (6)(17) After the distributions provided in the preceding
  364  subsections, any remaining taxes shall be paid into the State
  365  Treasury to the credit of the General Revenue Fund.
  366         Section 2. Section 161.05301, Florida Statutes, is
  367  repealed.
  368         Section 3. Subsection (3) of section 161.091, Florida
  369  Statutes, is repealed.
  370         Section 4. Section 375.045, Florida Statutes, is repealed.
  371         Section 5. Subsection (1) and paragraph (c) of subsection
  372  (2) of section 375.075, Florida Statutes, are amended to read:
  373         375.075 Outdoor recreation; financial assistance to local
  374  governments.—
  375         (1) The Department of Environmental Protection may is
  376  authorized to establish the Florida Recreation Development
  377  Assistance Program to provide grants to qualified local
  378  governmental entities to acquire or develop land for public
  379  outdoor recreation purposes. To the extent not needed for debt
  380  service on bonds issued pursuant to s. 375.051, each year The
  381  department shall annually develop and plan a program which shall
  382  be based upon funding of not less than 5 percent of the money
  383  credited to the Land Acquisition Trust Fund pursuant to s.
  384  201.15(2) and (3) in that year. The department shall develop and
  385  plan a program which shall be based upon the cumulative total
  386  funding provided from this section and from the Florida Forever
  387  Trust Fund pursuant to s. 259.105(3)(d).
  388         (2)
  389         (c) Funds may not be released under No release of funds
  390  from the Land Acquisition Trust Fund, or from the Florida
  391  Forever Trust Fund beginning in fiscal year 2001-2002, for this
  392  program may be made for these public recreation projects until
  393  the projects have been selected through the competitive
  394  selection process provided for in this section.
  395         Section 6. Section 201.0205, Florida Statutes, is amended
  396  to read:
  397         201.0205 Counties that have implemented ch. 83-220;
  398  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
  399  Laws of Florida.—The 10-cent tax increase in the documentary
  400  stamp tax levied by s. 2, chapter 92-317, does not apply to
  401  deeds and other taxable instruments relating to real property
  402  located in any county that has implemented the provisions of
  403  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
  404  86-152, and 89-252, Laws of Florida. Each such county and each
  405  eligible jurisdiction within such county may shall not be
  406  eligible to participate in programs funded pursuant to s.
  407  201.15(4)(c) s. 201.15(9). However, each such county and each
  408  eligible jurisdiction within such county may shall be eligible
  409  to participate in programs funded pursuant to s. 201.15(4)(d) s.
  410  201.15(10).
  411         Section 7. Paragraph (a) of subsection (1) and subsection
  412  (3) of section 215.618, Florida Statutes, are amended to read:
  413         215.618 Bonds for acquisition and improvement of land,
  414  water areas, and related property interests and resources.—
  415         (1)(a) The issuance of Florida Forever bonds, not to exceed
  416  $5.3 billion, to finance or refinance the cost of acquisition
  417  and improvement of land, water areas, and related property
  418  interests and resources, in urban and rural settings, for the
  419  purposes of restoration, conservation, recreation, water
  420  resource development, or historical preservation, and for
  421  capital improvements to lands and water areas that accomplish
  422  environmental restoration, enhance public access and
  423  recreational enjoyment, promote long-term management goals, and
  424  facilitate water resource development is hereby authorized,
  425  subject to the provisions of s. 259.105 and pursuant to s.
  426  11(e), Art. VII of the State Constitution. Florida Forever bonds
  427  may also be issued to refund Preservation 2000 bonds issued
  428  pursuant to s. 375.051. The $5.3 billion limitation on the
  429  issuance of Florida Forever bonds does not apply to refunding
  430  bonds. The duration of each series of Florida Forever bonds
  431  issued may not exceed 20 annual maturities. Preservation 2000
  432  bonds and Florida Forever bonds shall be equally and ratably
  433  secured by moneys distributable to the Land Acquisition Trust
  434  Fund pursuant to s. 201.15(1)(a), except to the extent
  435  specifically provided otherwise by the documents authorizing the
  436  issuance of the bonds.
  437         (3) Bonds issued pursuant to this section are shall be
  438  payable from taxes distributable to the Land Acquisition Trust
  439  Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
  440  section do shall not constitute a general obligation of, or a
  441  pledge of the full faith and credit of, the state.
  442         Section 8. Subsections (2) and (3) of section 215.619,
  443  Florida Statutes, are amended to read:
  444         215.619 Bonds for Everglades restoration.—
  445         (2) The state covenants with the holders of Everglades
  446  restoration bonds that it will not take any action that will
  447  materially and adversely affect the rights of the holders so
  448  long as the bonds are outstanding, including, but not limited
  449  to, a reduction in the portion of documentary stamp taxes
  450  distributable pursuant to under s. 201.15(1) for payment of debt
  451  service on Preservation 2000 bonds, Florida Forever bonds, or
  452  Everglades restoration bonds.
  453         (3) Everglades restoration bonds are payable from, and
  454  secured by a first lien on, taxes distributable pursuant to
  455  under s. 201.15(1)(b) and do not constitute a general obligation
  456  of, or a pledge of the full faith and credit of, the state.
  457  Everglades restoration bonds shall be secured on a parity basis
  458  with bonds secured by moneys distributable pursuant to under s.
  459  201.15(1)(a).
  460         Section 9. Paragraph (a) of subsection (2) of section
  461  259.032, Florida Statutes, is amended to read:
  462         259.032 Conservation and Recreation Lands Trust Fund;
  463  purpose.—
  464         (2)(a) The Conservation and Recreation Lands Trust Fund is
  465  established within the Department of Environmental Protection.
  466  The fund shall be used as a nonlapsing, revolving fund
  467  exclusively for the purposes of this section. The Department of
  468  Revenue fund shall credit the fund each month be credited with
  469  the proceeds from the following excise taxes:
  470         1. The excise taxes on documents as provided in s. 201.15;
  471  and
  472         2. The excise tax on the severance of phosphate rock as
  473  provided in s. 211.3103.
  474  
  475  The Department of Revenue shall credit to the fund each month
  476  the proceeds from such taxes as provided in this paragraph.
  477         Section 10. Subsections (1) and (3) of section 259.1051,
  478  Florida Statutes, are amended to read:
  479         259.1051 Florida Forever Trust Fund.—
  480         (1) There is created The Florida Forever Trust Fund is
  481  created to carry out the purposes of ss. 259.032, 259.105,
  482  259.1052, and 375.031. The Florida Forever Trust Fund shall be
  483  held and administered by the department of Environmental
  484  Protection. Proceeds from the sale of bonds, except proceeds of
  485  refunding bonds, issued pursuant to under s. 215.618 and payable
  486  from moneys transferred to the Land Acquisition Trust Fund
  487  pursuant to under s. 201.15(1)(a), not to exceed $5.3 billion,
  488  shall must be deposited into this trust fund to be distributed
  489  and used as provided in s. 259.105(3). The bond resolution
  490  adopted by the governing board of the division of Bond Finance
  491  of the State Board of Administration may provide for additional
  492  provisions that govern the disbursement of the bond proceeds.
  493         (3) The department of Environmental Protection shall ensure
  494  that the proceeds from the sale of bonds issued pursuant to
  495  under s. 215.618 and payable from moneys transferred to the Land
  496  Acquisition Trust Fund pursuant to under s. 201.15(1)(a) are
  497  shall be administered and expended in a manner that ensures
  498  compliance of each issue of bonds that are issued on the basis
  499  that interest thereon will be excluded from gross income for
  500  federal income tax purposes, with the applicable provisions of
  501  the United States Internal Revenue Code and the regulations
  502  adopted promulgated thereunder, to the extent necessary to
  503  preserve the exclusion of interest on the bonds from gross
  504  income for federal income tax purposes. The department of
  505  Environmental Protection shall administer the use and
  506  disbursement of the proceeds of such bonds or require that such
  507  the use and disbursement thereof be administered in a manner to
  508  implement strategies to maximize any available benefits under
  509  the applicable provisions of the United States Internal Revenue
  510  Code or regulations adopted promulgated thereunder, if
  511  consistent to the extent not inconsistent with the purposes
  512  identified in s. 259.105(3).
  513         Section 11. Subsection (4) of section 339.0801, Florida
  514  Statutes, is amended to read:
  515         339.0801 Allocation of increased revenues derived from
  516  amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
  517  from increased revenues to the State Transportation Trust Fund
  518  derived from the amendments to s. 319.32(5)(a) made by this act
  519  must be used annually, first as set forth in subsection (1) and
  520  then as set forth in subsections (2)-(5), notwithstanding any
  521  other provision of law:
  522         (4) Beginning in the 2013-2014 fiscal year and annually
  523  thereafter, $10 million shall be allocated to the Small County
  524  Outreach Program, to be used as specified in s. 339.2818. These
  525  funds are in addition to the funds provided for the program
  526  pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
  527         Section 12. Subsection (9) of section 339.55, Florida
  528  Statutes, is amended to read:
  529         339.55 State-funded infrastructure bank.—
  530         (9) Funds paid into the State Transportation Trust Fund
  531  pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
  532  State Infrastructure Bank are hereby annually appropriated for
  533  expenditure to support that program.
  534         Section 13. Subsection (5) of section 341.303, Florida
  535  Statutes, is amended to read:
  536         341.303 Funding authorization and appropriations;
  537  eligibility and participation.—
  538         (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
  539         (a) The department, through the Florida Rail Enterprise, is
  540  authorized to use funds provided pursuant to s. 201.15(4)(a)4.
  541  under s. 201.15(1)(c)1.d. to fund:
  542         (a) Up to 50 percent of the nonfederal share of the costs
  543  of any eligible passenger rail capital improvement project.
  544         (b) 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 Up to 100 percent of planning and development costs related
  547  to the provision of a passenger rail system, including, but not
  548  limited to, preliminary engineering, revenue studies,
  549  environmental impact studies, financial advisory services,
  550  engineering design, and other appropriate professional services.
  551         (c) The department, through the Florida Rail Enterprise, is
  552  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  553  fund The high-speed rail system.
  554         (d) The department, through the Florida Rail Enterprise, is
  555  authorized to use funds provided under s. 201.15(1)(c)1.d. to
  556  fund Projects necessary to identify or address anticipated
  557  impacts of increased freight rail traffic resulting from the
  558  implementation of passenger rail systems as provided in s.
  559  341.302(3)(b).
  560         Section 14. Paragraph (b) of subsection (4) of section
  561  343.58, Florida Statutes, is amended to read:
  562         343.58 County funding for the South Florida Regional
  563  Transportation Authority.—
  564         (4) Notwithstanding any other provision of law to the
  565  contrary and effective July 1, 2010, until as provided in
  566  paragraph (d), the department shall transfer annually from the
  567  State Transportation Trust Fund to the South Florida Regional
  568  Transportation Authority the amounts specified in subparagraph
  569  (a)1. or subparagraph (a)2.
  570         (b) Funding required by this subsection may not be provided
  571  from the funds dedicated to the Florida Rail Enterprise pursuant
  572  to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
  573         Section 15. Section 369.252, Florida Statutes, is amended
  574  to read:
  575         369.252 Invasive plant control on public lands.—The Fish
  576  and Wildlife Conservation Commission shall establish a program
  577  that will accomplish all of the following to:
  578         (1) Achieve eradication or maintenance control of invasive
  579  exotic plants on public lands when the scientific data indicate
  580  that they are detrimental to the state’s natural environment or
  581  when the Commissioner of Agriculture finds that such plants or
  582  specific populations thereof are a threat to the agricultural
  583  productivity of the state.;
  584         (2) Assist state and local government agencies in the
  585  development and implementation of coordinated management plans
  586  for the eradication or maintenance control of invasive exotic
  587  plant species on public lands.;
  588         (3) Contract, or enter into agreements, with entities in
  589  the State University System or other governmental or private
  590  sector entities for research concerning control agents;
  591  production and growth of biological control agents; and
  592  development of workable methods for the eradication or
  593  maintenance control of invasive exotic plants on public lands.;
  594  and
  595         (4) Use funds in the Invasive Plant Control Trust Fund as
  596  authorized by the Legislature for carrying out activities under
  597  this section on public lands. A minimum of 20 percent of the
  598  amount credited to the Invasive Plant Control Trust Fund
  599  pursuant to s. 201.15(6) shall be used for the purpose of
  600  controlling nonnative, upland, invasive plant species on public
  601  lands.
  602         Section 16. Subsection (2) of section 379.214, Florida
  603  Statutes, is amended to read:
  604         379.214 Invasive Plant Control Trust Fund.—
  605         (2) Funds to be credited to and uses of the trust fund
  606  shall be administered in accordance with the provisions of ss.
  607  201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
  608         Section 17. Subsection (3) of section 379.362, Florida
  609  Statutes, is amended to read:
  610         379.362 Wholesale and retail saltwater products dealers;
  611  regulation.—
  612         (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
  613  Department of Agriculture and Consumer Services shall use or
  614  distribute funds paid into the State Treasury to the credit of
  615  the General Inspection Trust Fund pursuant to s. 201.15, less
  616  reasonable costs of administration, to fund the following oyster
  617  management and restoration programs in Apalachicola Bay and
  618  other oyster harvest areas in the state:
  619         (a) The relaying and transplanting of live oysters.
  620         (b) Shell planting to construct or rehabilitate oyster
  621  bars.
  622         (c) Education programs for licensed oyster harvesters on
  623  oyster biology, aquaculture, boating and water safety,
  624  sanitation, resource conservation, small business management,
  625  and other relevant subjects.
  626         (d) Research directed toward the enhancement of oyster
  627  production in the bay and the water management needs of the bay.
  628         Section 18. Section 403.8911, Florida Statutes, is amended
  629  to read:
  630         403.8911 Annual appropriation from the Water Protection and
  631  Sustainability Program Trust Fund.—
  632         (1) Funds paid into the Water Protection and Sustainability
  633  Program Trust Fund pursuant to s. 201.15 are hereby annually
  634  appropriated for expenditure for the purposes for which the
  635  Water Protection and Sustainability Program trust fund is
  636  established.
  637         (2) If the Water Protection and Sustainability Program
  638  trust fund is not created, such funds are hereby annually
  639  appropriated for expenditure from the Ecosystem Management and
  640  Restoration Trust Fund solely for the purposes established in s.
  641  403.890.
  642         Section 19. Subsections (5) and (6) of section 420.5092,
  643  Florida Statutes, are amended to read:
  644         420.5092 Florida Affordable Housing Guarantee Program.—
  645         (5) Pursuant to s. 16, Art. VII of the State Constitution,
  646  the corporation may issue, in accordance with s. 420.509,
  647  revenue bonds of the corporation to establish the guarantee
  648  fund. The Such revenue bonds are shall be primarily payable from
  649  and secured by annual debt service reserves, from interest
  650  earned on funds on deposit in the guarantee fund, from fees,
  651  charges, and reimbursements established by the corporation for
  652  the issuance of affordable housing guarantees, and from any
  653  other revenue sources received by the corporation and deposited
  654  by the corporation into the guarantee fund for the issuance of
  655  affordable housing guarantees. If To the extent such primary
  656  revenue sources are considered insufficient by the corporation,
  657  pursuant to the certification provided in subsection (6), to
  658  fully fund the annual debt service reserve, the certified
  659  deficiency in such reserve is also shall be additionally payable
  660  from the first proceeds of the documentary stamp tax moneys
  661  deposited into the State Housing Trust Fund pursuant to s.
  662  201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
  663  ensuing state fiscal year.
  664         (6)(a) If the primary revenue sources to be used for
  665  repayment of revenue bonds used to establish the guarantee fund
  666  are insufficient for such repayment, the annual principal and
  667  interest due on each series of revenue bonds is shall be payable
  668  from funds in the annual debt service reserve. The corporation
  669  shall, before June 1 of each year, perform a financial audit to
  670  determine whether at the end of the state fiscal year there will
  671  be on deposit in the guarantee fund an annual debt service
  672  reserve from interest earned pursuant to the investment of the
  673  guarantee fund, fees, charges, and reimbursements received from
  674  issued affordable housing guarantees and other revenue sources
  675  available to the corporation. Based upon the findings in such
  676  guarantee fund financial audit, the corporation shall certify to
  677  the Chief Financial Officer the amount of any projected
  678  deficiency in the annual debt service reserve for any series of
  679  outstanding bonds as of the end of the state fiscal year and the
  680  amount necessary to maintain such annual debt service reserve.
  681  Upon receipt of such certification, the Chief Financial Officer
  682  shall transfer to the annual debt service reserve, from the
  683  first available taxes distributed to the State Housing Trust
  684  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  685  (10)(a) during the ensuing state fiscal year, the amount
  686  certified as necessary to maintain the annual debt service
  687  reserve.
  688         (b) If the claims payment obligations under affordable
  689  housing guarantees from amounts on deposit in the guarantee fund
  690  would cause the claims paying rating assigned to the guarantee
  691  fund to be less than the third-highest rating classification of
  692  any nationally recognized rating service, which classifications
  693  being consistent with s. 215.84(3) and rules adopted thereto by
  694  the State Board of Administration, the corporation shall certify
  695  to the Chief Financial Officer the amount of such claims payment
  696  obligations. Upon receipt of such certification, the Chief
  697  Financial Officer shall transfer to the guarantee fund, from the
  698  first available taxes distributed to the State Housing Trust
  699  Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
  700  (10)(a) during the ensuing state fiscal year, the amount
  701  certified as necessary to meet such obligations, such transfer
  702  to be subordinate to any transfer referenced in paragraph (a)
  703  and not to exceed 50 percent of the amounts distributed to the
  704  State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
  705  201.15(9)(a) and (10)(a) during the preceding state fiscal year.
  706         Section 20. Subsections (1), (2), and (3) of section
  707  420.9073, Florida Statutes, are amended to read:
  708         420.9073 Local housing distributions.—
  709         (1) Distributions calculated in this section shall be
  710  disbursed on a quarterly or more frequent basis by the
  711  corporation pursuant to s. 420.9072, subject to availability of
  712  funds. Each county’s share of the funds to be distributed from
  713  the portion of the funds in the Local Government Housing Trust
  714  Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
  715  calculated by the corporation for each fiscal year as follows:
  716         (a) Each county other than a county that has implemented
  717  the provisions of chapter 83-220, Laws of Florida, as amended by
  718  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
  719  receive the guaranteed amount for each fiscal year.
  720         (b) Each county other than a county that has implemented
  721  the provisions of chapter 83-220, Laws of Florida, as amended by
  722  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
  723  receive an additional share calculated as follows:
  724         1. Multiply each county’s percentage of the total state
  725  population excluding the population of any county that has
  726  implemented the provisions of chapter 83-220, Laws of Florida,
  727  as amended by chapters 84-270, 86-152, and 89-252, Laws of
  728  Florida, by the total funds to be distributed.
  729         2. If the result in subparagraph 1. is less than the
  730  guaranteed amount as determined in subsection (3), that county’s
  731  additional share shall be zero.
  732         3. For each county in which the result in subparagraph 1.
  733  is greater than the guaranteed amount as determined in
  734  subsection (3), the amount calculated in subparagraph 1. shall
  735  be reduced by the guaranteed amount. The result for each such
  736  county shall be expressed as a percentage of the amounts so
  737  determined for all counties. Each such county shall receive an
  738  additional share equal to such percentage multiplied by the
  739  total funds received by the Local Government Housing Trust Fund
  740  pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
  741  guaranteed amount paid to all counties.
  742         (2) Distributions calculated in this section shall be
  743  disbursed on a quarterly or more frequent basis by the
  744  corporation pursuant to s. 420.9072, subject to availability of
  745  funds. Each county’s share of the funds to be distributed from
  746  the portion of the funds in the Local Government Housing Trust
  747  Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
  748  calculated by the corporation for each fiscal year as follows:
  749         (a) Each county shall receive the guaranteed amount for
  750  each fiscal year.
  751         (b) Each county may receive an additional share calculated
  752  as follows:
  753         1. Multiply each county’s percentage of the total state
  754  population, by the total funds to be distributed.
  755         2. If the result in subparagraph 1. is less than the
  756  guaranteed amount as determined in subsection (3), that county’s
  757  additional share shall be zero.
  758         3. For each county in which the result in subparagraph 1.
  759  is greater than the guaranteed amount, the amount calculated in
  760  subparagraph 1. shall be reduced by the guaranteed amount. The
  761  result for each such county shall be expressed as a percentage
  762  of the amounts so determined for all counties. Each such county
  763  shall receive an additional share equal to this percentage
  764  multiplied by the total funds received by the Local Government
  765  Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
  766  reduced by the guaranteed amount paid to all counties.
  767         (3) Calculation of guaranteed amounts:
  768         (a) The guaranteed amount under subsection (1) 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)(c) s. 201.15(9) 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         (b) The guaranteed amount under subsection (2) shall be
  776  calculated for each state fiscal year by multiplying $350,000 by
  777  a fraction, the numerator of which is the amount of funds
  778  distributed to the Local Government Housing Trust Fund pursuant
  779  to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
  780  the total amount of funds distributed to the Local Government
  781  Housing Trust Fund pursuant to s. 201.15.
  782         Section 21. For the purpose of incorporating the amendment
  783  made by this act to section 201.15, Florida Statutes, in a
  784  reference thereto, subsection (6) of section 339.2818, Florida
  785  Statutes, is reenacted to read:
  786         339.2818 Small County Outreach Program.—
  787         (6) Funds paid into the State Transportation Trust Fund
  788  pursuant to s. 201.15 for the purposes of the Small County
  789  Outreach Program are hereby annually appropriated for
  790  expenditure to support the Small County Outreach Program.
  791         Section 22. For the purpose of incorporating the amendment
  792  made by this act to section 201.15, Florida Statutes, in a
  793  reference thereto, subsection (5) of section 339.2819, Florida
  794  Statutes, is reenacted to read:
  795         339.2819 Transportation Regional Incentive Program.—
  796         (5) Funds paid into the State Transportation Trust Fund
  797  pursuant to s. 201.15 for the purposes of the Transportation
  798  Regional Incentive Program are hereby annually appropriated for
  799  expenditure to support that program.
  800         Section 23. For the purpose of incorporating the amendment
  801  made by this act to section 201.15, Florida Statutes, in a
  802  reference thereto, subsection (3) of section 339.61, Florida
  803  Statutes, is reenacted to read:
  804         339.61 Florida Strategic Intermodal System; legislative
  805  findings, declaration, and intent.—
  806         (3) Funds paid into the State Transportation Trust Fund
  807  pursuant to s. 201.15 for the purposes of the Florida Strategic
  808  Intermodal System are hereby annually appropriated for
  809  expenditure to support that program.
  810         Section 24. For the purpose of incorporating the amendment
  811  made by this act to section 201.15, Florida Statutes, in a
  812  reference thereto, subsection (6) of section 341.051, Florida
  813  Statutes, is reenacted to read:
  814         341.051 Administration and financing of public transit and
  815  intercity bus service programs and projects.—
  816         (6) ANNUAL APPROPRIATION.—Funds paid into the State
  817  Transportation Trust Fund pursuant to s. 201.15 for the New
  818  Starts Transit Program are hereby annually appropriated for
  819  expenditure to support the New Starts Transit Program.
  820  
  821  For purposes of this section, the term “net operating costs”
  822  means all operating costs of a project less any federal funds,
  823  fares, or other sources of income to the project.
  824         Section 25. For the purpose of incorporating the amendment
  825  made by this act to section 201.15, Florida Statutes, in a
  826  reference thereto, paragraph (e) of subsection (4) of section
  827  373.470, Florida Statutes, is reenacted to read:
  828         373.470 Everglades restoration.—
  829         (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
  830  DEPOSIT.—The following funds may be deposited into the Save Our
  831  Everglades Trust Fund created by s. 373.472 to finance
  832  implementation of the comprehensive plan, the Lake Okeechobee
  833  Watershed Protection Plan, the River Watershed Protection Plans,
  834  and the Keys Wastewater Plan:
  835         (e) Funds made available pursuant to s. 201.15 for debt
  836  service for Everglades restoration bonds.
  837         Section 26. For the purpose of incorporating the amendment
  838  made by this act to section 201.15, Florida Statutes, in a
  839  reference thereto, subsection (1) of section 420.9079, Florida
  840  Statutes, is reenacted to read:
  841         420.9079 Local Government Housing Trust Fund.—
  842         (1) There is created in the State Treasury the Local
  843  Government Housing Trust Fund, which shall be administered by
  844  the corporation on behalf of the department according to the
  845  provisions of ss. 420.907-420.9076 and this section. There shall
  846  be deposited into the fund a portion of the documentary stamp
  847  tax revenues as provided in s. 201.15, moneys received from any
  848  other source for the purposes of ss. 420.907-420.9076 and this
  849  section, and all proceeds derived from the investment of such
  850  moneys. Moneys in the fund that are not currently needed for the
  851  purposes of the programs administered pursuant to ss. 420.907
  852  420.9076 and this section shall be deposited to the credit of
  853  the fund and may be invested as provided by law. The interest
  854  received on any such investment shall be credited to the fund.
  855         Section 27. This act shall take effect July 1, 2015.