Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 2430 & SB 1960
       
       
       
       
       
       
                                Barcode 218970                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Baker and
       Lawson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 336 and 337
    4  insert:
    5         Section 10. Pursuant to s. 201.15(1)(a), Florida Statutes,
    6  the issuance of $50 million of Florida Forever bonds is
    7  authorized, in addition to any previously authorized bonds. For
    8  the 2009-2010 fiscal year, the sum of $3,502,005 is appropriated
    9  from the Land Acquisition Trust Fund to the Department of
   10  Environmental Protection for debt service on the new bonds. The
   11  proceeds of such bonds shall be distributed in accordance with
   12  s. 259.105(3), Florida Statutes. The Department of Environmental
   13  Protection and the agencies receiving such bond proceeds are
   14  appropriated budget authority necessary to transfer and expend
   15  the respective amounts of the distributed bond proceeds.
   16         Section 11. (1)Pursuant to s. 215.619(1), Florida
   17  Statutes, the issuance of $50 million of Save Our Everglades
   18  bonds is authorized, in addition to any previously authorized
   19  bonds. For the 2009-2010 fiscal year, the sum of $4,991,600 is
   20  appropriated from the Save Our Everglades Trust Fund to the
   21  Department of Environmental Protection for debt service on the
   22  new bonds.
   23         (2)The sum of $47 million is appropriated from the Save
   24  Our Everglades Trust Fund to the Department of Environmental
   25  Protection for the design and construction of Comprehensive
   26  Everglades Restoration Plan components, Lake Okeechobee
   27  Protection Plan components, and Caloosahatchee and St. Lucie
   28  River Watershed Protection Plan components, and for the
   29  acquisition of lands needed for restoration. The sum of $3
   30  million is appropriated from the Save Our Everglades Trust Fund
   31  to the Department of Environmental Protection for transfer to
   32  the Department of Agriculture and Consumer Services into the
   33  General Inspection Trust Fund to fund activities authorized in
   34  subsection (3).
   35         (3)The sum of $3 million is appropriated from the General
   36  Inspections Trust Fund to the Department of Agriculture and
   37  Consumer Services for the purpose of implementing agricultural
   38  nonpoint source controls in the Okeechobee, Caloosahatchee, and
   39  St. Lucie River watersheds.
   40         Section 12. Section 201.15, Florida Statutes, as amended by
   41  section 1 of chapter 2009-17, Laws of Florida, is amended to
   42  read:
   43         201.15 Distribution of taxes collected.—All taxes collected
   44  under this chapter are subject to the service charge imposed in
   45  s. 215.20(1). Prior to distribution under this section, the
   46  Department of Revenue shall deduct amounts necessary to pay the
   47  costs of the collection and enforcement of the tax levied by
   48  this chapter. Such costs and the service charge may not be
   49  levied against any portion of taxes pledged to debt service on
   50  bonds to the extent that the costs and service charge are
   51  required to pay any amounts relating to the bonds. After
   52  distributions are made pursuant to subsection (1), all of the
   53  costs of the collection and enforcement of the tax levied by
   54  this chapter and the service charge shall be available and
   55  transferred to the extent necessary to pay debt service and any
   56  other amounts payable with respect to bonds authorized before
   57  January 1, 2010, secured by revenues distributed pursuant to
   58  subsection (1). All taxes remaining after deduction of costs and
   59  the service charge shall be distributed as follows:
   60         (1) Sixty-three and thirty-one hundredths percent of the
   61  remaining taxes collected under this chapter shall be used for
   62  the following purposes:
   63         (a) Amounts necessary to pay the debt service on, or fund
   64  debt service reserve funds, rebate obligations, or other amounts
   65  payable with respect to Preservation 2000 bonds issued pursuant
   66  to s. 375.051 and Florida Forever bonds issued pursuant to s.
   67  215.618, shall be paid into the State Treasury to the credit of
   68  the Land Acquisition Trust Fund to be used for such purposes.
   69  The amount transferred to the Land Acquisition Trust Fund may
   70  not exceed $300 million in fiscal year 1999-2000 and thereafter
   71  for Preservation 2000 bonds and bonds issued to refund
   72  Preservation 2000 bonds, and $300 million in fiscal year 2000
   73  2001 and thereafter for Florida Forever bonds. The annual amount
   74  transferred to the Land Acquisition Trust Fund for Florida
   75  Forever bonds may not exceed $30 million in the first fiscal
   76  year in which bonds are issued. The limitation on the amount
   77  transferred shall be increased by an additional $30 million in
   78  each subsequent fiscal year, but may not exceed a total of $300
   79  million in any fiscal year for all bonds issued. It is the
   80  intent of the Legislature that all bonds issued to fund the
   81  Florida Forever Act be retired by December 31, 2040. Except for
   82  bonds issued to refund previously issued bonds, no series of
   83  bonds may be issued pursuant to this paragraph unless such bonds
   84  are approved and the debt service for the remainder of the
   85  fiscal year in which the bonds are issued is specifically
   86  appropriated in the General Appropriations Act. For purposes of
   87  refunding Preservation 2000 bonds, amounts designated within
   88  this section for Preservation 2000 and Florida Forever bonds may
   89  be transferred between the two programs to the extent provided
   90  for in the documents authorizing the issuance of the bonds. The
   91  Preservation 2000 bonds and Florida Forever bonds shall be
   92  equally and ratably secured by moneys distributable to the Land
   93  Acquisition Trust Fund pursuant to this section, except to the
   94  extent specifically provided otherwise by the documents
   95  authorizing the issuance of the bonds. No moneys transferred to
   96  the Land Acquisition Trust Fund pursuant to this paragraph, or
   97  earnings thereon, shall be used or made available to pay debt
   98  service on the Save Our Coast revenue bonds.
   99         (b) Moneys shall be paid into the State Treasury to the
  100  credit of the Save Our Everglades Trust Fund in amounts
  101  necessary to pay debt service, provide reserves, and pay rebate
  102  obligations and other amounts due with respect to bonds issued
  103  under s. 215.619. Taxes distributed under paragraph (a) and this
  104  paragraph must be collectively distributed on a pro rata basis
  105  when the available moneys under this subsection are not
  106  sufficient to cover the amounts required under paragraph (a) and
  107  this paragraph.
  108         (c) The remainder of the moneys distributed under this
  109  subsection, after the required payments under paragraphs (a) and
  110  (b), shall be paid into the State Treasury to the credit of:
  111         1. The State Transportation Trust Fund in the Department of
  112  Transportation in the amount of the lesser of 38.2 percent of
  113  the remainder or $541.75 million in each fiscal year, to be used
  114  for the following specified purposes, notwithstanding any other
  115  law to the contrary:
  116         a. For the purposes of capital funding for the New Starts
  117  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  118  specified in s. 341.051, 10 percent of these funds;
  119         b. For the purposes of the Small County Outreach Program
  120  specified in s. 339.2818, 5 percent of these funds;
  121         c. For the purposes of the Strategic Intermodal System
  122  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  123  of these funds after allocating for the New Starts Transit
  124  Program described in sub-subparagraph a. and the Small County
  125  Outreach Program described in sub-subparagraph b.; and
  126         d. For the purposes of the Transportation Regional
  127  Incentive Program specified in s. 339.2819, 25 percent of these
  128  funds after allocating for the New Starts Transit Program
  129  described in sub-subparagraph a. and the Small County Outreach
  130  Program described in sub-subparagraph b.
  131         2. The Water Protection and Sustainability Program Trust
  132  Fund in the Department of Environmental Protection in the amount
  133  of the lesser of 5.64 percent of the remainder or $80 million in
  134  each fiscal year, to be used as required by s. 403.890.
  135         3. The Grants and Donations Trust Fund in the Department of
  136  Community Affairs in the amount of the lesser of .23 percent of
  137  the remainder or $3.25 million in each fiscal year, with 92
  138  percent to be used to fund technical assistance to local
  139  governments and school boards on the requirements and
  140  implementation of this act and the remaining amount to be used
  141  to fund the Century Commission established in s. 163.3247.
  142         4. The Ecosystem Management and Restoration Trust Fund in
  143  the amount of the lesser of 2.12 percent of the remainder or $30
  144  million in each fiscal year, to be used for the preservation and
  145  repair of the state’s beaches as provided in ss. 161.091
  146  161.212.
  147         5. The Marine Resources Conservation Trust Fund in the
  148  amount of the lesser of .14 percent of the remainder or $2
  149  million in each fiscal year, to be used for marine mammal care
  150  as provided in s. 379.208(3).
  151         6. General Inspection Trust Fund in the amount of the
  152  lesser of .02 percent of the remainder or $300,000 in each
  153  fiscal year to be used to fund oyster management and restoration
  154  programs as provided in s. 379.362(3).
  155  
  156  Moneys distributed pursuant to this paragraph may not be pledged
  157  for debt service unless such pledge is approved by referendum of
  158  the voters.
  159         (d) The remainder of the moneys distributed under this
  160  subsection, after the required payments under paragraphs (a),
  161  (b), and (c), shall be paid into the State Treasury to the
  162  credit of the General Revenue Fund to be used and expended for
  163  the purposes for which the General Revenue Fund was created and
  164  exists by law.
  165         (2) The lesser of 7.56 percent of the remaining taxes
  166  collected under this chapter or $84.9 million in each fiscal
  167  year shall be paid into the State Treasury to the credit of the
  168  Land Acquisition Trust Fund. Sums deposited in the fund pursuant
  169  to this subsection may be used for any purpose for which funds
  170  deposited in the Land Acquisition Trust Fund may lawfully be
  171  used.
  172         (3)(a) Through the 2008-2009 fiscal year, the lesser of
  173  1.94 percent of the remaining taxes collected under this chapter
  174  or $26 million in each fiscal year shall be paid into the State
  175  Treasury to the credit of the Land Acquisition Trust Fund.
  176         (b) Beginning with the 2009-2010 fiscal year, the lesser of
  177  1.94 percent of the remaining taxes collected under this chapter
  178  or $26 million in each fiscal year shall be distributed in the
  179  following order:
  180         1. Amounts necessary to pay debt service or to fund debt
  181  service reserve funds, rebate obligations, or other amounts
  182  payable with respect to bonds issued before February 1, 2009,
  183  pursuant to this subsection shall be paid into the State
  184  Treasury to the credit of the Land Acquisition Trust Fund.
  185         2. Eleven million dollars shall be paid into the State
  186  Treasury to the credit of the General Revenue Fund.
  187         3. The remainder shall be paid into the State Treasury to
  188  the credit of the Land Acquisition Trust Fund.
  189         (c) Moneys deposited in the Land Acquisition Trust Fund
  190  pursuant to this subsection shall be used to acquire coastal
  191  lands or to pay debt service on bonds issued to acquire coastal
  192  lands and to develop and manage lands acquired with moneys from
  193  the trust fund.
  194         (4) The lesser of 4.2 percent of the remaining taxes
  195  collected under this chapter or $60.5 million in each fiscal
  196  year shall be paid into the State Treasury to the credit of the
  197  Water Management Lands Trust Fund. Sums deposited in that fund
  198  may be used for any purpose authorized in s. 373.59.
  199         (5)(a) For the 2007-2008 fiscal year, 3.96 percent of the
  200  remaining taxes collected under this chapter shall be paid into
  201  the State Treasury to the credit of the Conservation and
  202  Recreation Lands Trust Fund to carry out the purposes set forth
  203  in s. 259.032. Ten and five-hundredths percent of the amount
  204  credited to the Conservation and Recreation Lands Trust Fund
  205  pursuant to this subsection shall be transferred to the State
  206  Game Trust Fund and used for land management activities.
  207         (b) Beginning July 1, 2008, 3.52 percent of the remaining
  208  taxes collected under this chapter shall be paid into the State
  209  Treasury to the credit of the Conservation and Recreation Lands
  210  Trust Fund to carry out the purposes set forth in s. 259.032.
  211  Eleven and fifteen hundredths percent of the amount credited to
  212  the Conservation and Recreation Lands Trust Fund pursuant to
  213  this subsection shall be transferred to the State Game Trust
  214  Fund and used for land management activities.
  215         (6) The lesser of 2.28 percent of the remaining taxes
  216  collected under this chapter or $34.1 million in each fiscal
  217  year shall be paid into the State Treasury to the credit of the
  218  Invasive Plant Control Trust Fund to carry out the purposes set
  219  forth in ss. 369.22 and 369.252.
  220         (7) The lesser of .5 percent of the remaining taxes
  221  collected under this chapter or $9.3 million in each fiscal year
  222  shall be paid into the State Treasury to the credit of the State
  223  Game Trust Fund to be used exclusively for the purpose of
  224  implementing the Lake Restoration 2020 Program.
  225         (8) One-half of one percent of the remaining taxes
  226  collected under this chapter shall be paid into the State
  227  Treasury and divided equally to the credit of the Department of
  228  Environmental Protection Water Quality Assurance Trust Fund to
  229  address water quality impacts associated with nonagricultural
  230  nonpoint sources and to the credit of the Department of
  231  Agriculture and Consumer Services General Inspection Trust Fund
  232  to address water quality impacts associated with agricultural
  233  nonpoint sources, respectively. These funds shall be used for
  234  research, development, demonstration, and implementation of
  235  suitable best management practices or other measures used to
  236  achieve water quality standards in surface waters and water
  237  segments identified pursuant to ss. 303(d) of the Clean Water
  238  Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
  239  Implementation of best management practices and other measures
  240  may include cost-share grants, technical assistance,
  241  implementation tracking, and conservation leases or other
  242  agreements for water quality improvement. The Department of
  243  Environmental Protection and the Department of Agriculture and
  244  Consumer Services may adopt rules governing the distribution of
  245  funds for implementation of best management practices. The
  246  unobligated balance of funds received from the distribution of
  247  taxes collected under this chapter to address water quality
  248  impacts associated with nonagricultural nonpoint sources will be
  249  excluded when calculating the unobligated balance of the Water
  250  Quality Assurance Trust Fund as it relates to the determination
  251  of the applicable excise tax rate.
  252         (9) The lesser of 7.53 percent of the remaining taxes
  253  collected under this chapter or $107 million in each fiscal year
  254  shall be paid into the State Treasury to the credit of the State
  255  Housing Trust Fund and shall be used as follows:
  256         (a) Half of that amount shall be used for the purposes for
  257  which the State Housing Trust Fund was created and exists by
  258  law.
  259         (b) Half of that amount shall be paid into the State
  260  Treasury to the credit of the Local Government Housing Trust
  261  Fund and shall be used for the purposes for which the Local
  262  Government Housing Trust Fund was created and exists by law.
  263         (10) The lesser of 8.66 percent of the remaining taxes
  264  collected under this chapter or $136 million in each fiscal year
  265  shall be paid into the State Treasury to the credit of the State
  266  Housing Trust Fund and shall be used as follows:
  267         (a) Twelve and one-half percent of that amount shall be
  268  deposited into the State Housing Trust Fund and be expended by
  269  the Department of Community Affairs and by the Florida Housing
  270  Finance Corporation for the purposes for which the State Housing
  271  Trust Fund was created and exists by law.
  272         (b) Eighty-seven and one-half percent of that amount shall
  273  be distributed to the Local Government Housing Trust Fund and
  274  shall be used for the purposes for which the Local Government
  275  Housing Trust Fund was created and exists by law. Funds from
  276  this category may also be used to provide for state and local
  277  services to assist the homeless.
  278         (11) The distribution of proceeds deposited into the Water
  279  Management Lands Trust Fund and the Conservation and Recreation
  280  Lands Trust Fund, pursuant to subsections (4) and (5), may not
  281  be used for land acquisition but may be used for preacquisition
  282  costs associated with land purchases. The Legislature intends
  283  that the Florida Forever program supplant the acquisition
  284  programs formerly authorized under ss. 259.032 and 373.59.
  285         (12) Amounts distributed pursuant to subsections (5), (6),
  286  (7), and (8) are subject to the payment of debt service on
  287  outstanding Conservation and Recreation Lands revenue bonds.
  288         (13) Beginning July 1, 2008, in each fiscal year that the
  289  remaining taxes collected under this chapter exceed collections
  290  in the prior fiscal year, the stated maximum dollar amounts
  291  provided in subsections (2), (4), (6), (7), (9), and (10) shall
  292  each be increased by an amount equal to 10 percent of the
  293  increase in the remaining taxes collected under this chapter
  294  multiplied by the applicable percentage provided in those
  295  subsections.
  296         (14) If the payment requirements in any year for bonds
  297  outstanding on July 1, 2007, or bonds issued to refund such
  298  bonds, exceed the limitations of this section, distributions to
  299  the trust fund from which the bond payments are made shall be
  300  increased to the lesser of the amount needed to pay bond
  301  obligations or the limit of the applicable percentage
  302  distribution provided in subsections (1)-(10).
  303         (15) Distributions to the State Housing Trust Fund pursuant
  304  to subsections (9) and (10) shall be sufficient to cover amounts
  305  required to be transferred to the Florida Affordable Housing
  306  Guarantee Program’s annual debt service reserve and guarantee
  307  fund pursuant to s. 420.5092(6)(a) and (b) up to but not
  308  exceeding the amount required to be transferred to such reserve
  309  and fund based on the percentage distribution of documentary
  310  stamp tax revenues to the State Housing Trust Fund which is in
  311  effect in the 2004-2005 fiscal year.
  312         (16)If amounts necessary to pay debt service or any other
  313  amounts payable with respect to Preservation 2000 bonds, Florida
  314  Forever bonds, or Everglades Restoration bonds authorized before
  315  January 1, 2010, exceed the amounts distributable pursuant to
  316  subsection (1), all moneys distributable pursuant to this
  317  section are available for such obligations and transferred in
  318  the amounts necessary to pay such obligations when due. However,
  319  amounts distributable pursuant to subsection (2), paragraph
  320  (3)(b), subsection (4), subsection (5), paragraph (9)(a), or
  321  paragraph (10)(a) are not available to pay such obligations to
  322  the extent that such moneys are necessary to pay debt service on
  323  bonds secured by revenues pursuant to those provisions.
  324         (17)(16) The remaining taxes collected under this chapter,
  325  after the distributions provided in the preceding subsections,
  326  shall be paid into the State Treasury to the credit of the
  327  General Revenue Fund.
  328  
  329  ================= T I T L E  A M E N D M E N T ================
  330         And the title is amended as follows:
  331         Delete lines 2 - 56
  332  and insert:
  333         An act relating to the taxation of documents; amending
  334         s. 3, ch. 83-220, Laws of Florida, as amended;
  335         extending a future repeal date of provisions
  336         authorizing counties to levy a discretionary surtax on
  337         documents; amending s. 125.0167, F.S.; limiting the
  338         percentage of surtax revenues that may be used for
  339         administrative costs; specifying a minimum amount of
  340         surtax revenues to be used for housing for certain
  341         low-income and moderate-income families; requiring an
  342         affirmative vote of a local government governing body
  343         to rehabilitate certain government-owned housing;
  344         authorizing certain counties to create by ordinance a
  345         housing choice assistance voucher program for the
  346         purpose of down payment assistance; providing
  347         definitions; providing eligibility requirements for
  348         such vouchers; authorizing purchasing employers to
  349         file for allocations for such vouchers; limiting
  350         allocations; requiring distribution of allocations to
  351         employees in the form of such vouchers; prohibiting
  352         use of allocations for such vouchers if not awarded
  353         within a certain period after certain documentary
  354         stamps taxes are collected; requiring the Office of
  355         Program Policy Analysis and Government Accountability
  356         to conduct a continuing review of the discretionary
  357         surtax program operated by counties; requiring reports
  358         to the Legislature; providing legislative intent to
  359         reverse a judicial opinion relating to the application
  360         of the excise tax on documents to certain transactions
  361         involving legal entities; amending s. 201.02, F.S.;
  362         providing that the excise tax on documents applies to
  363         transfers involving the exchange of real property for
  364         shares of stock or as a capital contribution; imposing
  365         the tax on deeds, instruments, and other writings on
  366         the consideration for a transfer of real property
  367         pursuant to a short sale; providing that the
  368         consideration subject to the tax does not include
  369         unpaid indebtedness that is forgiven by a mortgagee;
  370         defining the term “short sale”; directing the
  371         Department of Revenue to readopt rules relating to the
  372         application of the excise tax on documents to
  373         transfers of real property involving a legal entity;
  374         providing intent that the statutory changes relating
  375         to the application of the excise tax on documents for
  376         transfers involving legal entities are to be
  377         clarifying and remedial in nature; authorizing the
  378         Department of Revenue to adopt emergency rules
  379         relating to short sales; amending s. 201.031, F.S.;
  380         expanding requirements for counties levying the
  381         discretionary surtax to include housing plan,
  382         affordable housing element, and annual reporting
  383         requirements; amending s. 719.105, F.S.; conforming a
  384         cross-reference; providing for application of
  385         specified provisions of the act; authorizing the
  386         issuance of Florida Forever bonds; providing an
  387         appropriation for debt service on such bonds;
  388         authorizing the issuance of Save Our Everglades bonds;
  389         providing an appropriation for debt service on such
  390         bonds; providing an appropriation to the Department of
  391         Environmental Protection for the design and
  392         construction of certain restoration and protection
  393         plans and for the acquisition of lands needed for
  394         restoration; providing an appropriation for the
  395         purpose of implementing agricultural nonpoint source
  396         controls in certain watersheds; amending s. 201.15,
  397         F.S.; conforming provisions to changes made by the
  398         act; providing effective dates.