December 03, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1889__
HB 1889

1
A bill to be entitled
2An act relating to the distribution of proceeds from the
3excise tax on documents; amending s. 201.15, F.S.;
4revising monetary criteria for distributing portions of
5the tax to certain trust funds; revising authorization for
6the Department of Revenue to use certain amounts for
7certain purposes; requiring that proceeds of the tax in
8excess of specified amounts be deposited into the General
9Revenue Fund; providing for increased distributions to
10certain trust funds under certain circumstances to provide
11for payments on bonds; revising monetary criteria for
12distributing portions of the tax to the State Housing
13Trust Fund and the Local Government Housing Trust Fund for
14purposes of preserving the rights of holders of affordable
15housing guarantees; providing effective dates.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 201.15, Florida Statutes, is amended to
20read:
21     201.15  Distribution of taxes collected.--All taxes
22collected under this chapter shall be distributed as follows and
23shall be subject to the service charge imposed in s. 215.20(1),
24except that such service charge shall not be levied against any
25portion of taxes pledged to debt service on bonds to the extent
26that the amount of the service charge is required to pay any
27amounts relating to the bonds:
28     (1)  Sixty-two and sixty-three hundredths percent of the
29remaining taxes collected under this chapter shall be used for
30the following purposes:
31     (a)  Amounts as shall be necessary to pay the debt service
32on, or fund debt service reserve funds, rebate obligations, or
33other amounts payable with respect to Preservation 2000 bonds
34issued pursuant to s. 375.051 and Florida Forever bonds issued
35pursuant to s. 215.618, shall be paid into the State Treasury to
36the credit of the Land Acquisition Trust Fund to be used for
37such purposes. The amount transferred to the Land Acquisition
38Trust Fund for such purposes shall not exceed $300 million in
39fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
40and bonds issued to refund Preservation 2000 bonds, and $300
41million in fiscal year 2000-2001 and thereafter for Florida
42Forever bonds. The annual amount transferred to the Land
43Acquisition Trust Fund for Florida Forever bonds shall not
44exceed $30 million in the first fiscal year in which bonds are
45issued. The limitation on the amount transferred shall be
46increased by an additional $30 million in each subsequent fiscal
47year, but shall not exceed a total of $300 million in any fiscal
48year for all bonds issued. It is the intent of the Legislature
49that all bonds issued to fund the Florida Forever Act be retired
50by December 31, 2030. Except for bonds issued to refund
51previously issued bonds, no series of bonds may be issued
52pursuant to this paragraph unless such bonds are approved and
53the debt service for the remainder of the fiscal year in which
54the bonds are issued is specifically appropriated in the General
55Appropriations Act. For purposes of refunding Preservation 2000
56bonds, amounts designated within this section for Preservation
572000 and Florida Forever bonds may be transferred between the
58two programs to the extent provided for in the documents
59authorizing the issuance of the bonds. The Preservation 2000
60bonds and Florida Forever bonds shall be equally and ratably
61secured by moneys distributable to the Land Acquisition Trust
62Fund pursuant to this section, except to the extent specifically
63provided otherwise by the documents authorizing the issuance of
64the bonds. No moneys transferred to the Land Acquisition Trust
65Fund pursuant to this paragraph, or earnings thereon, shall be
66used or made available to pay debt service on the Save Our Coast
67revenue bonds.
68     (b)  The remainder of the moneys distributed under this
69subsection, after the required payment under paragraph (a),
70shall be paid into the State Treasury to the credit of the Save
71Our Everglades Trust Fund in amounts necessary to pay debt
72service, provide reserves, and pay rebate obligations and other
73amounts due with respect to bonds issued under s. 215.619.
74     (c)  The remainder of the moneys distributed under this
75subsection, after the required payments under paragraphs (a) and
76(b), shall be paid into the State Treasury to the credit of the
77Land Acquisition Trust Fund and may be used for any purpose for
78which funds deposited in the Land Acquisition Trust Fund may
79lawfully be used. Payments made under this paragraph shall
80continue until the cumulative amount credited to the Land
81Acquisition Trust Fund for the fiscal year under this paragraph
82and paragraph (2)(b) equals 70 percent of the current official
83forecast for distributions of taxes collected under this chapter
84pursuant to subsection (2). As used in this paragraph, the term
85"current official forecast" means the most recent forecast as
86determined by the Revenue Estimating Conference. If the current
87official forecast for a fiscal year changes after payments under
88this paragraph have ended during that fiscal year, no further
89payments are required under this paragraph during the fiscal
90year.
91     (d)  The remainder of the moneys distributed under this
92subsection, after the required payments under paragraphs (a),
93(b), and (c), shall be paid into the State Treasury to the
94credit of the General Revenue Fund of the state to be used and
95expended for the purposes for which the General Revenue Fund was
96created and exists by law or to the Ecosystem Management and
97Restoration Trust Fund or to the Marine Resources Conservation
98Trust Fund as provided in subsection (11).
99     (2)  The lesser of seven and fifty-six hundredths percent
100of the remaining taxes collected under this chapter or $84.9
101million shall be used for the following purposes:
102     (a)  Beginning in the month following the final payment for
103a fiscal year under paragraph (1)(c), available moneys shall be
104paid into the State Treasury to the credit of the General
105Revenue Fund of the state to be used and expended for the
106purposes for which the General Revenue Fund was created and
107exists by law or to the Ecosystem Management and Restoration
108Trust Fund or to the Marine Resources Conservation Trust Fund as
109provided in subsection (11). Payments made under this paragraph
110shall continue until the cumulative amount credited to the
111General Revenue Fund for the fiscal year under this paragraph
112equals the cumulative payments made under paragraph (1)(c) for
113the same fiscal year.
114     (b)  The remainder of the moneys distributed under this
115subsection shall be paid into the State Treasury to the credit
116of the Land Acquisition Trust Fund. Sums deposited in the fund
117pursuant to this subsection may be used for any purpose for
118which funds deposited in the Land Acquisition Trust Fund may
119lawfully be used.
120     (3)  The lesser of one and ninety-four hundredths percent
121of the remaining taxes collected under this chapter or $26
122million shall be paid into the State Treasury to the credit of
123the Land Acquisition Trust Fund. Moneys deposited in the trust
124fund pursuant to this section shall be used for the following
125purposes:
126     (a)  Sixty percent of the moneys shall be used to acquire
127coastal lands or to pay debt service on bonds issued to acquire
128coastal lands; and
129     (b)  Forty percent of the moneys shall be used to develop
130and manage lands acquired with moneys from the Land Acquisition
131Trust Fund.
132     (4)  The lesser of four and two-tenths percent of the
133remaining taxes collected under this chapter or $60.2 million
134shall be paid into the State Treasury to the credit of the Water
135Management Lands Trust Fund. Sums deposited in that fund may be
136used for any purpose authorized in s. 373.59.
137     (5)  The lesser of four and two-tenths percent of the
138remaining taxes collected under this chapter or $66.9 million
139shall be paid into the State Treasury to the credit of the
140Conservation and Recreation Lands Trust Fund to carry out the
141purposes set forth in s. 259.032. The lesser of nine and one-
142half percent of the amount credited to the Conservation and
143Recreation Lands Trust Fund pursuant to this subsection or $5.9
144million shall be transferred to the State Game Trust Fund and
145used for land management activities.
146     (6)  The lesser of two and twenty-eight hundredths percent
147of the remaining taxes collected under this chapter or $29.4
148million shall be paid into the State Treasury to the credit of
149the Invasive Plant Control Trust Fund to carry out the purposes
150set forth in ss. 369.22 and 369.252.
151     (7)  The lesser of one-half of one percent of the remaining
152taxes collected under this chapter or $7.4 million shall be paid
153into the State Treasury to the credit of the State Game Trust
154Fund to be used exclusively for the purpose of implementing the
155Lake Restoration 2020 Program.
156     (8)  The lesser of one-half of one percent of the remaining
157taxes collected under this chapter or $7.4 million shall be paid
158into the State Treasury and divided equally to the credit of the
159Department of Environmental Protection Water Quality Assurance
160Trust Fund to address water quality impacts associated with
161nonagricultural nonpoint sources and to the credit of the
162Department of Agriculture and Consumer Services General
163Inspection Trust Fund to address water quality impacts
164associated with agricultural nonpoint sources, respectively.
165These funds shall be used for research, development,
166demonstration, and implementation of suitable best management
167practices or other measures used to achieve water quality
168standards in surface waters and water segments identified
169pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92-
170500, 33 U.S.C. s. 1313(d) ss. 1251 et seq. Implementation of
171best management practices and other measures may include cost-
172share grants, technical assistance, implementation tracking, and
173conservation leases or other agreements for water quality
174improvement. The Department of Environmental Protection and the
175Department of Agriculture and Consumer Services may adopt rules
176governing the distribution of funds for implementation of best
177management practices. The unobligated balance of funds received
178from the distribution of taxes collected under this chapter to
179address water quality impacts associated with nonagricultural
180nonpoint sources will be excluded when calculating the
181unobligated balance of the Water Quality Assurance Trust Fund as
182it relates to the determination of the applicable excise tax
183rate.
184     (9)  Seven and forty-five fifty-three hundredths percent of
185the remaining taxes collected under this chapter shall be paid
186into the State Treasury to the credit of the State Housing Trust
187Fund and shall be used as follows:
188     (a)  Half of that amount shall be used for the purposes for
189which the State Housing Trust Fund was created and exists by
190law.
191     (b)  Half of that amount shall be paid into the State
192Treasury to the credit of the Local Government Housing Trust
193Fund and shall be used for the purposes for which the Local
194Government Housing Trust Fund was created and exists by law.
195     (10)  Eight and fifty-seven sixty-six hundredths percent of
196the remaining taxes collected under this chapter shall be paid
197into the State Treasury to the credit of the State Housing Trust
198Fund and shall be used as follows:
199     (a)  Twelve and one-half percent of that amount shall be
200deposited into the State Housing Trust Fund and be expended by
201the Department of Community Affairs and by the Florida Housing
202Finance Corporation for the purposes for which the State Housing
203Trust Fund was created and exists by law.
204     (b)  Eighty-seven and one-half percent of that amount shall
205be distributed to the Local Government Housing Trust Fund and
206shall be used for the purposes for which the Local Government
207Housing Trust Fund was created and exists by law. Funds from
208this category may also be used to provide for state and local
209services to assist the homeless.
210     (11)  From the moneys specified in paragraphs (1)(d) and
211(2)(a) and prior to deposit of any moneys into the General
212Revenue Fund, $30 million shall be paid into the State Treasury
213to the credit of the Ecosystem Management and Restoration Trust
214Fund in fiscal year 2000-2001 and each fiscal year thereafter,
215to be used for the preservation and repair of the state's
216beaches as provided in ss. 161.091-161.212, and $2 million shall
217be paid into the State Treasury to the credit of the Marine
218Resources Conservation Trust Fund to be used for marine mammal
219care as provided in s. 370.0603(3).
220     (12)  The Department of Revenue may use $8.3 million of the
221remaining taxes payments credited to trust funds pursuant to
222paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6),
223(7), (8), (9), and (10) to pay the costs of the collection and
224enforcement of the tax levied by this chapter. The percentage of
225such costs which may be assessed against a trust fund is a
226ratio, the numerator of which is payments credited to that trust
227fund under this section and the denominator of which is the sum
228of payments made under paragraphs (1)(c) and (2)(b) and
229subsections (3), (4), (5), (6), (7), (8), (9), and (10).
230     (13)  The remaining taxes collected under this chapter
231shall be paid into the State Treasury to the credit of the
232General Revenue Fund.
233     (14)  If the payment requirements in any year for bonds
234outstanding on July 1, 2006, exceed the limitations of this
235section, distributions to the trust fund from which the bond
236payments are made shall be increased to the amount needed to pay
237the bonds.
238     (15)(13)  The distribution of proceeds deposited into the
239Water Management Lands Trust Fund and the Conservation and
240Recreation Lands Trust Fund, pursuant to subsections (4) and
241(5), shall not be used for land acquisition, but may be used for
242preacquisition costs associated with land purchases. The
243Legislature intends that the Florida Forever program supplant
244the acquisition programs formerly authorized under ss. 259.032
245and 373.59. Prior to the 2005 Regular Session of the
246Legislature, the Acquisition and Restoration Council shall
247review and make recommendations to the Legislature concerning
248the need to repeal this provision. Based on these
249recommendations, the Legislature shall review the need to repeal
250this provision during the 2005 Regular Session.
251     (16)(14)  Amounts distributed pursuant to subsections (5),
252(6), (7) and (8) are subject to the payment of debt service on
253outstanding Conservation and Recreation Lands revenue bonds.
254     Section 2.  Effective July 1, 2006, subsections (9) and
255(10) of section 201.15, Florida Statutes, as amended by this
256act, are amended to read:
257     201.15  Distribution of taxes collected.--All taxes
258collected under this chapter shall be distributed as follows and
259shall be subject to the service charge imposed in s. 215.20(1),
260except that such service charge shall not be levied against any
261portion of taxes pledged to debt service on bonds to the extent
262that the amount of the service charge is required to pay any
263amounts relating to the bonds:
264     (9)  The lesser of seven and fifty-three forty-five
265hundredths percent of the remaining taxes collected under this
266chapter or $56 million shall be paid into the State Treasury to
267the credit of the State Housing Trust Fund and shall be used as
268follows:
269     (a)  Half of that amount shall be used for the purposes for
270which the State Housing Trust Fund was created and exists by
271law.
272     (b)  Half of that amount shall be paid into the State
273Treasury to the credit of the Local Government Housing Trust
274Fund and shall be used for the purposes for which the Local
275Government Housing Trust Fund was created and exists by law.
276     (10)  The lesser of eight and sixty-six fifty-seven
277hundredths percent of the remaining taxes collected under this
278chapter or $137 million shall be paid into the State Treasury to
279the credit of the Local Government State Housing Trust Fund and
280shall be used as follows:
281     (a)  Twelve and one-half percent of that amount shall be
282deposited into the State Housing Trust Fund and be expended by
283the Department of Community Affairs and by the Florida Housing
284Finance Corporation for the purposes for which the State Housing
285Trust Fund was created and exists by law.
286     (b)  Eighty-seven and one-half percent of that amount shall
287be distributed to the Local Government Housing Trust Fund and
288shall be used for the purposes for which the Local Government
289Housing Trust Fund was created and exists by law. Funds from
290this category may also be used to provide for state and local
291services to assist the homeless.
292     Section 3.  Except as otherwise provided herein, this act
293shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader