December 03, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1889e1
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; requiring distributions to the State
16Housing Trust Fund to be sufficient for certain purposes;
17providing a limitation; providing effective dates.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 201.15, Florida Statutes, is amended to
22read:
23     201.15  Distribution of taxes collected.--All taxes
24collected under this chapter shall be distributed as follows and
25shall be subject to the service charge imposed in s. 215.20(1),
26except that such service charge shall not be levied against any
27portion of taxes pledged to debt service on bonds to the extent
28that the amount of the service charge is required to pay any
29amounts relating to the bonds:
30     (1)  Sixty-two and sixty-three hundredths percent of the
31remaining taxes collected under this chapter shall be used for
32the following purposes:
33     (a)  Amounts as shall be necessary to pay the debt service
34on, or fund debt service reserve funds, rebate obligations, or
35other amounts payable with respect to Preservation 2000 bonds
36issued pursuant to s. 375.051 and Florida Forever bonds issued
37pursuant to s. 215.618, shall be paid into the State Treasury to
38the credit of the Land Acquisition Trust Fund to be used for
39such purposes. The amount transferred to the Land Acquisition
40Trust Fund for such purposes shall not exceed $300 million in
41fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
42and bonds issued to refund Preservation 2000 bonds, and $300
43million in fiscal year 2000-2001 and thereafter for Florida
44Forever bonds. The annual amount transferred to the Land
45Acquisition Trust Fund for Florida Forever bonds shall not
46exceed $30 million in the first fiscal year in which bonds are
47issued. The limitation on the amount transferred shall be
48increased by an additional $30 million in each subsequent fiscal
49year, but shall not exceed a total of $300 million in any fiscal
50year for all bonds issued. It is the intent of the Legislature
51that all bonds issued to fund the Florida Forever Act be retired
52by December 31, 2030. Except for bonds issued to refund
53previously issued bonds, no series of bonds may be issued
54pursuant to this paragraph unless such bonds are approved and
55the debt service for the remainder of the fiscal year in which
56the bonds are issued is specifically appropriated in the General
57Appropriations Act. For purposes of refunding Preservation 2000
58bonds, amounts designated within this section for Preservation
592000 and Florida Forever bonds may be transferred between the
60two programs to the extent provided for in the documents
61authorizing the issuance of the bonds. The Preservation 2000
62bonds and Florida Forever bonds shall be equally and ratably
63secured by moneys distributable to the Land Acquisition Trust
64Fund pursuant to this section, except to the extent specifically
65provided otherwise by the documents authorizing the issuance of
66the bonds. No moneys transferred to the Land Acquisition Trust
67Fund pursuant to this paragraph, or earnings thereon, shall be
68used or made available to pay debt service on the Save Our Coast
69revenue bonds.
70     (b)  The remainder of the moneys distributed under this
71subsection, after the required payment under paragraph (a),
72shall be paid into the State Treasury to the credit of the Save
73Our Everglades Trust Fund in amounts necessary to pay debt
74service, provide reserves, and pay rebate obligations and other
75amounts due with respect to bonds issued under s. 215.619.
76     (c)  The remainder of the moneys distributed under this
77subsection, after the required payments under paragraphs (a) and
78(b), shall be paid into the State Treasury to the credit of the
79Land Acquisition Trust Fund and may be used for any purpose for
80which funds deposited in the Land Acquisition Trust Fund may
81lawfully be used. Payments made under this paragraph shall
82continue until the cumulative amount credited to the Land
83Acquisition Trust Fund for the fiscal year under this paragraph
84and paragraph (2)(b) equals 70 percent of the current official
85forecast for distributions of taxes collected under this chapter
86pursuant to subsection (2). As used in this paragraph, the term
87"current official forecast" means the most recent forecast as
88determined by the Revenue Estimating Conference. If the current
89official forecast for a fiscal year changes after payments under
90this paragraph have ended during that fiscal year, no further
91payments are required under this paragraph during the fiscal
92year.
93     (d)  The remainder of the moneys distributed under this
94subsection, after the required payments under paragraphs (a),
95(b), and (c), shall be paid into the State Treasury to the
96credit of the General Revenue Fund of the state to be used and
97expended for the purposes for which the General Revenue Fund was
98created and exists by law or to the Ecosystem Management and
99Restoration Trust Fund or to the Marine Resources Conservation
100Trust Fund as provided in subsection (11).
101     (2)  The lesser of seven and fifty-six hundredths percent
102of the remaining taxes collected under this chapter or $84.9
103million shall be used for the following purposes:
104     (a)  Beginning in the month following the final payment for
105a fiscal year under paragraph (1)(c), available moneys shall be
106paid into the State Treasury to the credit of the General
107Revenue Fund of the state to be used and expended for the
108purposes for which the General Revenue Fund was created and
109exists by law or to the Ecosystem Management and Restoration
110Trust Fund or to the Marine Resources Conservation Trust Fund as
111provided in subsection (11). Payments made under this paragraph
112shall continue until the cumulative amount credited to the
113General Revenue Fund for the fiscal year under this paragraph
114equals the cumulative payments made under paragraph (1)(c) for
115the same fiscal year.
116     (b)  The remainder of the moneys distributed under this
117subsection shall be paid into the State Treasury to the credit
118of the Land Acquisition Trust Fund. Sums deposited in the fund
119pursuant to this subsection may be used for any purpose for
120which funds deposited in the Land Acquisition Trust Fund may
121lawfully be used.
122     (3)  The lesser of one and ninety-four hundredths percent
123of the remaining taxes collected under this chapter or $26
124million shall be paid into the State Treasury to the credit of
125the Land Acquisition Trust Fund. Moneys deposited in the trust
126fund pursuant to this section shall be used for the following
127purposes:
128     (a)  Sixty percent of the moneys shall be used to acquire
129coastal lands or to pay debt service on bonds issued to acquire
130coastal lands; and
131     (b)  Forty percent of the moneys shall be used to develop
132and manage lands acquired with moneys from the Land Acquisition
133Trust Fund.
134     (4)  The lesser of four and two-tenths percent of the
135remaining taxes collected under this chapter or $60.2 million
136shall be paid into the State Treasury to the credit of the Water
137Management Lands Trust Fund. Sums deposited in that fund may be
138used for any purpose authorized in s. 373.59.
139     (5)  The lesser of four and two-tenths percent of the
140remaining taxes collected under this chapter or $66.9 million
141shall be paid into the State Treasury to the credit of the
142Conservation and Recreation Lands Trust Fund to carry out the
143purposes set forth in s. 259.032. The lesser of nine and one-
144half percent of the amount credited to the Conservation and
145Recreation Lands Trust Fund pursuant to this subsection or $5.9
146million shall be transferred to the State Game Trust Fund and
147used for land management activities.
148     (6)  The lesser of two and twenty-eight hundredths percent
149of the remaining taxes collected under this chapter or $29.4
150million shall be paid into the State Treasury to the credit of
151the Invasive Plant Control Trust Fund to carry out the purposes
152set forth in ss. 369.22 and 369.252.
153     (7)  The lesser of one-half of one percent of the remaining
154taxes collected under this chapter or $7.4 million shall be paid
155into the State Treasury to the credit of the State Game Trust
156Fund to be used exclusively for the purpose of implementing the
157Lake Restoration 2020 Program.
158     (8)  The lesser of one-half of one percent of the remaining
159taxes collected under this chapter or $7.4 million shall be paid
160into the State Treasury and divided equally to the credit of the
161Department of Environmental Protection Water Quality Assurance
162Trust Fund to address water quality impacts associated with
163nonagricultural nonpoint sources and to the credit of the
164Department of Agriculture and Consumer Services General
165Inspection Trust Fund to address water quality impacts
166associated with agricultural nonpoint sources, respectively.
167These funds shall be used for research, development,
168demonstration, and implementation of suitable best management
169practices or other measures used to achieve water quality
170standards in surface waters and water segments identified
171pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92-
172500, 33 U.S.C. s. 1313(d) ss. 1251 et seq. Implementation of
173best management practices and other measures may include cost-
174share grants, technical assistance, implementation tracking, and
175conservation leases or other agreements for water quality
176improvement. The Department of Environmental Protection and the
177Department of Agriculture and Consumer Services may adopt rules
178governing the distribution of funds for implementation of best
179management practices. The unobligated balance of funds received
180from the distribution of taxes collected under this chapter to
181address water quality impacts associated with nonagricultural
182nonpoint sources will be excluded when calculating the
183unobligated balance of the Water Quality Assurance Trust Fund as
184it relates to the determination of the applicable excise tax
185rate.
186     (9)  Seven and forty-five fifty-three hundredths percent of
187the remaining taxes collected under this chapter shall be paid
188into the State Treasury to the credit of the State Housing Trust
189Fund and shall be used as follows:
190     (a)  Half of that amount shall be used for the purposes for
191which the State Housing Trust Fund was created and exists by
192law.
193     (b)  Half of that amount shall be paid into the State
194Treasury to the credit of the Local Government Housing Trust
195Fund and shall be used for the purposes for which the Local
196Government Housing Trust Fund was created and exists by law.
197     (10)  Eight and fifty-seven sixty-six hundredths percent of
198the remaining taxes collected under this chapter shall be paid
199into the State Treasury to the credit of the State Housing Trust
200Fund and shall be used as follows:
201     (a)  Twelve and one-half percent of that amount shall be
202deposited into the State Housing Trust Fund and be expended by
203the Department of Community Affairs and by the Florida Housing
204Finance Corporation for the purposes for which the State Housing
205Trust Fund was created and exists by law.
206     (b)  Eighty-seven and one-half percent of that amount shall
207be distributed to the Local Government Housing Trust Fund and
208shall be used for the purposes for which the Local Government
209Housing Trust Fund was created and exists by law. Funds from
210this category may also be used to provide for state and local
211services to assist the homeless.
212     (11)  From the moneys specified in paragraphs (1)(d) and
213(2)(a) and prior to deposit of any moneys into the General
214Revenue Fund, $30 million shall be paid into the State Treasury
215to the credit of the Ecosystem Management and Restoration Trust
216Fund in fiscal year 2000-2001 and each fiscal year thereafter,
217to be used for the preservation and repair of the state's
218beaches as provided in ss. 161.091-161.212, and $2 million shall
219be paid into the State Treasury to the credit of the Marine
220Resources Conservation Trust Fund to be used for marine mammal
221care as provided in s. 370.0603(3).
222     (12)  The Department of Revenue may use $8.3 million of the
223remaining taxes payments credited to trust funds pursuant to
224paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6),
225(7), (8), (9), and (10) to pay the costs of the collection and
226enforcement of the tax levied by this chapter. The percentage of
227such costs which may be assessed against a trust fund is a
228ratio, the numerator of which is payments credited to that trust
229fund under this section and the denominator of which is the sum
230of payments made under paragraphs (1)(c) and (2)(b) and
231subsections (3), (4), (5), (6), (7), (8), (9), and (10).
232     (13)  The remaining taxes collected under this chapter
233shall be paid into the State Treasury to the credit of the
234General Revenue Fund.
235     (14)  If the payment requirements in any year for bonds
236outstanding on July 1, 2006, exceed the limitations of this
237section, distributions to the trust fund from which the bond
238payments are made shall be increased to the amount needed to pay
239the bonds.
240     (15)(13)  The distribution of proceeds deposited into the
241Water Management Lands Trust Fund and the Conservation and
242Recreation Lands Trust Fund, pursuant to subsections (4) and
243(5), shall not be used for land acquisition, but may be used for
244preacquisition costs associated with land purchases. The
245Legislature intends that the Florida Forever program supplant
246the acquisition programs formerly authorized under ss. 259.032
247and 373.59. Prior to the 2005 Regular Session of the
248Legislature, the Acquisition and Restoration Council shall
249review and make recommendations to the Legislature concerning
250the need to repeal this provision. Based on these
251recommendations, the Legislature shall review the need to repeal
252this provision during the 2005 Regular Session.
253     (16)(14)  Amounts distributed pursuant to subsections (5),
254(6), (7) and (8) are subject to the payment of debt service on
255outstanding Conservation and Recreation Lands revenue bonds.
256     Section 2.  Effective July 1, 2006, subsections (9) and
257(10) of section 201.15, Florida Statutes, as amended by this
258act, are amended, and subsection (17) is added to said section,
259to read:
260     201.15  Distribution of taxes collected.--All taxes
261collected under this chapter shall be distributed as follows and
262shall be subject to the service charge imposed in s. 215.20(1),
263except that such service charge shall not be levied against any
264portion of taxes pledged to debt service on bonds to the extent
265that the amount of the service charge is required to pay any
266amounts relating to the bonds:
267     (9)  The lesser of seven and fifty-three forty-five
268hundredths percent of the remaining taxes collected under this
269chapter or $85 million shall be paid into the State Treasury to
270the credit of the State Housing Trust Fund and shall be used as
271follows:
272     (a)  Half of that amount shall be used for the purposes for
273which the State Housing Trust Fund was created and exists by
274law.
275     (b)  Half of that amount shall be paid into the State
276Treasury to the credit of the Local Government Housing Trust
277Fund and shall be used for the purposes for which the Local
278Government Housing Trust Fund was created and exists by law.
279     (10)  The lesser of eight and sixty-six fifty-seven
280hundredths percent of the remaining taxes collected under this
281chapter or $108 million shall be paid into the State Treasury to
282the credit of the State Housing Trust Fund and shall be used as
283follows:
284     (a)  Twelve and one-half percent of that amount shall be
285deposited into the State Housing Trust Fund and be expended by
286the Department of Community Affairs and by the Florida Housing
287Finance Corporation for the purposes for which the State Housing
288Trust Fund was created and exists by law.
289     (b)  Eighty-seven and one-half percent of that amount shall
290be distributed to the Local Government Housing Trust Fund and
291shall be used for the purposes for which the Local Government
292Housing Trust Fund was created and exists by law. Funds from
293this category may also be used to provide for state and local
294services to assist the homeless.
295     (17)  Distributions to the State Housing Trust Fund
296pursuant to subsections (9) and (10) shall be sufficient to
297cover amounts required to be transferred to the Florida
298Affordable Housing Guarantee Program's annual debt service
299reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
300up to but not exceeding the amount required to be transferred to
301such reserve and fund prior to July 1, 2005.
302     Section 3.  Except as otherwise provided herein, this act
303shall 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