December 03, 2020
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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; requiring that proceeds of
6the tax in excess of specified amounts be deposited into
7the General Revenue Fund; providing for increased
8distributions to certain trust funds under certain
9circumstances to provide for payments on bonds; revising
10monetary criteria for distributing portions of the tax to
11the State Housing Trust Fund and the Local Government
12Housing Trust Fund for purposes of preserving the rights
13of holders of affordable housing guarantees; requiring
14distributions to the State Housing Trust Fund to be
15sufficient for certain purposes; making appropriations;
16authorizing the Florida Housing Finance Corporation to
17adopt emergency rules; providing legislative findings;
18exempting such emergency rules from the requirements of s.
19120.54, F.S., relating to the effective time period for
20emergency rules; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 201.15, Florida Statutes, is amended to
25read:
26     201.15  Distribution of taxes collected.--All taxes
27collected under this chapter shall be distributed as follows and
28shall be subject to the service charge imposed in s. 215.20(1),
29except that such service charge shall not be levied against any
30portion of taxes pledged to debt service on bonds to the extent
31that the amount of the service charge is required to pay any
32amounts relating to the bonds:
33     (1)  Sixty-two and sixty-three hundredths percent of the
34remaining taxes collected under this chapter shall be used for
35the following purposes:
36     (a)  Amounts as shall be necessary to pay the debt service
37on, or fund debt service reserve funds, rebate obligations, or
38other amounts payable with respect to Preservation 2000 bonds
39issued pursuant to s. 375.051 and Florida Forever bonds issued
40pursuant to s. 215.618, shall be paid into the State Treasury to
41the credit of the Land Acquisition Trust Fund to be used for
42such purposes. The amount transferred to the Land Acquisition
43Trust Fund for such purposes shall not exceed $300 million in
44fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
45and bonds issued to refund Preservation 2000 bonds, and $300
46million in fiscal year 2000-2001 and thereafter for Florida
47Forever bonds. The annual amount transferred to the Land
48Acquisition Trust Fund for Florida Forever bonds shall not
49exceed $30 million in the first fiscal year in which bonds are
50issued. The limitation on the amount transferred shall be
51increased by an additional $30 million in each subsequent fiscal
52year, but shall not exceed a total of $300 million in any fiscal
53year for all bonds issued. It is the intent of the Legislature
54that all bonds issued to fund the Florida Forever Act be retired
55by December 31, 2030. Except for bonds issued to refund
56previously issued bonds, no series of bonds may be issued
57pursuant to this paragraph unless such bonds are approved and
58the debt service for the remainder of the fiscal year in which
59the bonds are issued is specifically appropriated in the General
60Appropriations Act. For purposes of refunding Preservation 2000
61bonds, amounts designated within this section for Preservation
622000 and Florida Forever bonds may be transferred between the
63two programs to the extent provided for in the documents
64authorizing the issuance of the bonds. The Preservation 2000
65bonds and Florida Forever bonds shall be equally and ratably
66secured by moneys distributable to the Land Acquisition Trust
67Fund pursuant to this section, except to the extent specifically
68provided otherwise by the documents authorizing the issuance of
69the bonds. No moneys transferred to the Land Acquisition Trust
70Fund pursuant to this paragraph, or earnings thereon, shall be
71used or made available to pay debt service on the Save Our Coast
72revenue bonds.
73     (b)  The remainder of the moneys distributed under this
74subsection, after the required payment under paragraph (a),
75shall be paid into the State Treasury to the credit of the Save
76Our Everglades Trust Fund in amounts necessary to pay debt
77service, provide reserves, and pay rebate obligations and other
78amounts due with respect to bonds issued under s. 215.619.
79     (c)  The remainder of the moneys distributed under this
80subsection, after the required payments under paragraphs (a) and
81(b), shall be paid into the State Treasury to the credit of the
82Land Acquisition Trust Fund and may be used for any purpose for
83which funds deposited in the Land Acquisition Trust Fund may
84lawfully be used. Payments made under this paragraph shall
85continue until the cumulative amount credited to the Land
86Acquisition Trust Fund for the fiscal year under this paragraph
87and paragraph (2)(b) equals 70 percent of the current official
88forecast for distributions of taxes collected under this chapter
89pursuant to subsection (2). As used in this paragraph, the term
90"current official forecast" means the most recent forecast as
91determined by the Revenue Estimating Conference. If the current
92official forecast for a fiscal year changes after payments under
93this paragraph have ended during that fiscal year, no further
94payments are required under this paragraph during the fiscal
95year.
96     (d)  The remainder of the moneys distributed under this
97subsection, after the required payments under paragraphs (a),
98(b), and (c), shall be paid into the State Treasury to the
99credit of the General Revenue Fund of the state to be used and
100expended for the purposes for which the General Revenue Fund was
101created and exists by law or to the Ecosystem Management and
102Restoration Trust Fund or to the Marine Resources Conservation
103Trust Fund as provided in subsection (11).
104     (2)  The lesser of seven and fifty-six hundredths percent
105of the remaining taxes collected under this chapter or $84.9
106million in each fiscal year shall be used for the following
107purposes:
108     (a)  Beginning in the month following the final payment for
109a fiscal year under paragraph (1)(c), available moneys shall be
110paid into the State Treasury to the credit of the General
111Revenue Fund of the state to be used and expended for the
112purposes for which the General Revenue Fund was created and
113exists by law or to the Ecosystem Management and Restoration
114Trust Fund or to the Marine Resources Conservation Trust Fund as
115provided in subsection (11). Payments made under this paragraph
116shall continue until the cumulative amount credited to the
117General Revenue Fund for the fiscal year under this paragraph
118equals the cumulative payments made under paragraph (1)(c) for
119the same fiscal year.
120     (b)  The remainder of the moneys distributed under this
121subsection shall be paid into the State Treasury to the credit
122of the Land Acquisition Trust Fund. Sums deposited in the fund
123pursuant to this subsection may be used for any purpose for
124which funds deposited in the Land Acquisition Trust Fund may
125lawfully be used.
126     (3)  The lesser of one and ninety-four hundredths percent
127of the remaining taxes collected under this chapter or $26
128million in each fiscal year shall be paid into the State
129Treasury to the credit of the Land Acquisition Trust Fund.
130Moneys deposited in the trust fund pursuant to this section
131shall be used for the following purposes:
132     (a)  Sixty percent of the moneys shall be used to acquire
133coastal lands or to pay debt service on bonds issued to acquire
134coastal lands; and
135     (b)  Forty percent of the moneys shall be used to develop
136and manage lands acquired with moneys from the Land Acquisition
137Trust Fund.
138     (4)  The lesser of four and two-tenths percent of the
139remaining taxes collected under this chapter or $60.5 million in
140each fiscal year shall be paid into the State Treasury to the
141credit of the Water Management Lands Trust Fund. Sums deposited
142in that fund may be used for any purpose authorized in s.
143373.59.
144     (5)  Four and two-tenths percent of the remaining taxes
145collected under this chapter shall be paid into the State
146Treasury to the credit of the Conservation and Recreation Lands
147Trust Fund to carry out the purposes set forth in s. 259.032.
148Nine and one-half percent of the amount credited to the
149Conservation and Recreation Lands Trust Fund pursuant to this
150subsection shall be transferred to the State Game Trust Fund and
151used for land management activities.
152     (6)  The lesser of two and twenty-eight hundredths percent
153of the remaining taxes collected under this chapter or $36.1
154million in each fiscal year shall be paid into the State
155Treasury to the credit of the Invasive Plant Control Trust Fund
156to carry out the purposes set forth in ss. 369.22 and 369.252.
157     (7)  The lesser of one-half of one percent of the remaining
158taxes collected under this chapter or $9.3 million in each
159fiscal year shall be paid into the State Treasury to the credit
160of the State Game Trust Fund to be used exclusively for the
161purpose of implementing the Lake Restoration 2020 Program.
162     (8)  One-half of one percent of the remaining taxes
163collected under this chapter shall be paid into the State
164Treasury and divided equally to the credit of the Department of
165Environmental Protection Water Quality Assurance Trust Fund to
166address water quality impacts associated with nonagricultural
167nonpoint sources and to the credit of the Department of
168Agriculture and Consumer Services General Inspection Trust Fund
169to address water quality impacts associated with agricultural
170nonpoint sources, respectively. These funds shall be used for
171research, development, demonstration, and implementation of
172suitable best management practices or other measures used to
173achieve water quality standards in surface waters and water
174segments identified pursuant to ss. 303(d) of the Clean Water
175Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
176Implementation of best management practices and other measures
177may include cost-share grants, technical assistance,
178implementation tracking, and conservation leases or other
179agreements for water quality improvement. The Department of
180Environmental Protection and the Department of Agriculture and
181Consumer Services may adopt rules governing the distribution of
182funds for implementation of best management practices. The
183unobligated balance of funds received from the distribution of
184taxes collected under this chapter to address water quality
185impacts associated with nonagricultural nonpoint sources will be
186excluded when calculating the unobligated balance of the Water
187Quality Assurance Trust Fund as it relates to the determination
188of the applicable excise tax rate.
189     (9)  The lesser of seven and fifty-three hundredths percent
190of the remaining taxes collected under this chapter or $107
191million in each fiscal year shall be paid into the State
192Treasury to the credit of the State Housing Trust Fund and shall
193be used as follows:
194     (a)  Half of that amount shall be used for the purposes for
195which the State Housing Trust Fund was created and exists by
196law.
197     (b)  Half of that amount shall be paid into the State
198Treasury to the credit of the Local Government Housing Trust
199Fund and shall be used for the purposes for which the Local
200Government Housing Trust Fund was created and exists by law.
201     (10)  The lessor of eight and sixty-six hundredths percent
202of the remaining taxes collected under this chapter or $136
203million in each fiscal year shall be paid into the State
204Treasury to the credit of the State Housing Trust Fund and shall
205be used as follows:
206     (a)  Twelve and one-half percent of that amount shall be
207deposited into the State Housing Trust Fund and be expended by
208the Department of Community Affairs and by the Florida Housing
209Finance Corporation for the purposes for which the State Housing
210Trust Fund was created and exists by law.
211     (b)  Eighty-seven and one-half percent of that amount shall
212be distributed to the Local Government Housing Trust Fund and
213shall be used for the purposes for which the Local Government
214Housing Trust Fund was created and exists by law. Funds from
215this category may also be used to provide for state and local
216services to assist the homeless.
217     (11)  From the moneys specified in paragraphs (1)(d) and
218(2)(a) and prior to deposit of any moneys into the General
219Revenue Fund, $30 million shall be paid into the State Treasury
220to the credit of the Ecosystem Management and Restoration Trust
221Fund in fiscal year 2000-2001 and each fiscal year thereafter,
222to be used for the preservation and repair of the state's
223beaches as provided in ss. 161.091-161.212, and $2 million shall
224be paid into the State Treasury to the credit of the Marine
225Resources Conservation Trust Fund to be used for marine mammal
226care as provided in s. 370.0603(3).
227     (12)  The Department of Revenue may use the payments
228credited to trust funds pursuant to paragraphs (1)(c) and (2)(b)
229and subsections (3), (4), (5), (6), (7), (8), (9), and (10) to
230pay the costs of the collection and enforcement of the tax
231levied by this chapter. The percentage of such costs which may
232be assessed against a trust fund is a ratio, the numerator of
233which is payments credited to that trust fund under this section
234and the denominator of which is the sum of payments made under
235paragraphs (1)(c) and (2)(b) and subsections (3), (4), (5), (6),
236(7), (8), (9), and (10).
237     (13)  The distribution of proceeds deposited into the Water
238Management Lands Trust Fund and the Conservation and Recreation
239Lands Trust Fund, pursuant to subsections (4) and (5), shall not
240be used for land acquisition, but may be used for preacquisition
241costs associated with land purchases.  The Legislature intends
242that the Florida Forever program supplant the acquisition
243programs formerly authorized under ss. 259.032 and 373.59. Prior
244to the 2005 Regular Session of the Legislature, the Acquisition
245and Restoration Council shall review and make recommendations to
246the Legislature concerning the need to repeal this provision.  
247Based on these recommendations, the Legislature shall review the
248need to repeal this provision during the 2005 Regular Session.
249     (14)  Amounts distributed pursuant to subsections (5), (6),
250(7) and (8) are subject to the payment of debt service on
251outstanding Conservation and Recreation Lands revenue bonds.
252     (15)  Beginning July 1, 2008, in each fiscal year that the
253remaining taxes collected under this chapter exceed such
254collections in the prior fiscal year, the stated maximum dollar
255amounts provided in subsections (2), (4), (6), (7), (9), and
256(10) shall each be increased by an amount equal to 10 percent of
257the increase in the remaining taxes collected under this chapter
258multiplied by the applicable percentage provided in those
259subsections.
260     (16) If the payment requirements in any year for bonds
261outstanding on July 1, 2007, or bonds issued to refund such
262bonds, exceed the limitations of this section, distributions to
263the trust fund from which the bond payments are made shall be
264increased to the lesser of the amount needed to pay bond
265obligations or the limit of the applicable percentage
266distribution provided in subsections (1)-(12).
267     (17)  Distributions to the State Housing Trust Fund
268pursuant to subsections (9) and (10) shall be sufficient to
269cover amounts required to be transferred to the Florida
270Affordable Housing Guarantee Program's annual debt service
271reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b)
272up to but not exceeding the amount required to be transferred to
273such reserve and fund based on the percentage distribution of
274documentary stamp tax revenues to the State Housing Trust Fund
275which is in effect in the 2004-2005 fiscal year.
276     (18)  The remaining taxes collected under this chapter,
277after the distributions provided in the preceding subsections,
278shall be paid into the State Treasury to the credit of the
279General Revenue Fund.
280     Section 2.  Effective July 1, 2005, there is appropriated
281for the 2005-2006 fiscal year to the Florida Housing Finance
282Corporation $175.5 million from the Local Government Housing
283Trust Fund and $74.5 million from the State Housing Trust Fund
284for the purpose of providing funds to eligible entities for
285affordable housing recovery efforts as recommended by the
286Hurricane Housing Work Group. From these funds, $208,000,000
287shall be for the Hurricane Housing Recovery Program and shall be
288allocated as described in Appendix 1, Table 3 of the Hurricane
289Housing Work Group Recommendations to Assist in Florida's Long
290Term Housing Recovery Efforts report dated February 16, 2005, as
291follows: $165,984,000 for Tier I counties, $31,122,000 for Tier
292II counties, $10,374,000 for Tier III counties, and $520,000 to
293the Florida Housing Finance Corporation for compliance
294monitoring. From these funds, an additional $42,000,000 shall be
295provided for the Rental Recovery Loan Program, as described in
296the Hurricane Housing Work Group Recommendations to Assist in
297Florida's Long Term Housing Recovery Efforts report dated
298February 16, 2005, to assist with building and rehabilitating
299affordable rental housing to help communities respond to
300hurricane-recovery needs.
301     Section 3.  To administer section 2 of this act, the
302Florida Housing Finance Corporation may adopt emergency rules
303pursuant to section 120.54, Florida Statutes. The Legislature
304finds that emergency rules adopted pursuant to this section meet
305the health, safety, and welfare requirement of section
306120.54(4), Florida Statutes. The Legislature finds that such
307emergency rulemaking power is necessary for the preservation of
308the rights and welfare of the people in order to provide
309additional funds to assist those areas of the state which
310sustained housing damage due to hurricanes during 2004.
311Therefore, in adopting such emergency rules, the corporation
312need not make the findings required by section 120.54(4)(a),
313Florida Statutes. Emergency rules adopted under this section are
314exempt from section 120.54(4)(c), Florida Statutes, and shall
315remain in effect for 180 days.
316     Section 4.  Except as otherwise expressly provided in this
317act, this act shall take effect July 1, 2007.


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