December 03, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Amendment CaShTmL-710840.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1889, 1st Eng.
                        Barcode 710840
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/3R        .         C          
       05/02/2005 06:40 PM         .         05/06/2005 10:28:58
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Atwater moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 201.15, Florida Statutes, is
18  amended to read:
       201.15  Distribution of taxes collected.--All taxes
20  collected under this chapter shall be distributed as follows
21  and shall be subject to the service charge imposed in s.
22  215.20(1), except that such service charge shall not be levied
23  against any portion of taxes pledged to debt service on bonds
24  to the extent that the amount of the service charge is
25  required to pay any amounts relating to the bonds:
26         (1)  Sixty-two and sixty-three hundredths percent of
27  the remaining taxes collected under this chapter shall be used
28  for the following purposes:
29         (a)  Amounts as shall be necessary to pay the debt
30  service on, or fund debt service reserve funds, rebate
31  obligations, or other amounts payable with respect to
                                  1
    11:51 AM   05/02/05                        h188901e1d-seg1-ta1

Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 Preservation 2000 bonds issued pursuant to s. 375.051 and 2 Florida Forever bonds issued pursuant to s. 215.618, shall be 3 paid into the State Treasury to the credit of the Land 4 Acquisition Trust Fund to be used for such purposes. The 5 amount transferred to the Land Acquisition Trust Fund for such 6 purposes shall not exceed $300 million in fiscal year 7 1999-2000 and thereafter for Preservation 2000 bonds and bonds 8 issued to refund Preservation 2000 bonds, and $300 million in 9 fiscal year 2000-2001 and thereafter for Florida Forever 10 bonds. The annual amount transferred to the Land Acquisition 11 Trust Fund for Florida Forever bonds shall not exceed $30 12 million in the first fiscal year in which bonds are issued. 13 The limitation on the amount transferred shall be increased by 14 an additional $30 million in each subsequent fiscal year, but 15 shall not exceed a total of $300 million in any fiscal year 16 for all bonds issued. It is the intent of the Legislature that 17 all bonds issued to fund the Florida Forever Act be retired by 18 December 31, 2030. Except for bonds issued to refund 19 previously issued bonds, no series of bonds may be issued 20 pursuant to this paragraph unless such bonds are approved and 21 the debt service for the remainder of the fiscal year in which 22 the bonds are issued is specifically appropriated in the 23 General Appropriations Act. For purposes of refunding 24 Preservation 2000 bonds, amounts designated within this 25 section for Preservation 2000 and Florida Forever bonds may be 26 transferred between the two programs to the extent provided 27 for in the documents authorizing the issuance of the bonds. 28 The Preservation 2000 bonds and Florida Forever bonds shall be 29 equally and ratably secured by moneys distributable to the 30 Land Acquisition Trust Fund pursuant to this section, except 31 to the extent specifically provided otherwise by the documents 2 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 authorizing the issuance of the bonds. No moneys transferred 2 to the Land Acquisition Trust Fund pursuant to this paragraph, 3 or earnings thereon, shall be used or made available to pay 4 debt service on the Save Our Coast revenue bonds. 5 (b) The remainder of the moneys distributed under this 6 subsection, after the required payment under paragraph (a), 7 shall be paid into the State Treasury to the credit of the 8 Save Our Everglades Trust Fund in amounts necessary to pay 9 debt service, provide reserves, and pay rebate obligations and 10 other amounts due with respect to bonds issued under s. 11 215.619. 12 (c) The remainder of the moneys distributed under this 13 subsection, after the required payments under paragraphs (a) 14 and (b), shall be paid into the State Treasury to the credit 15 of the Land Acquisition Trust Fund and may be used for any 16 purpose for which funds deposited in the Land Acquisition 17 Trust Fund may lawfully be used. Payments made under this 18 paragraph shall continue until the cumulative amount credited 19 to the Land Acquisition Trust Fund for the fiscal year under 20 this paragraph and paragraph (2)(b) equals 70 percent of the 21 current official forecast for distributions of taxes collected 22 under this chapter pursuant to subsection (2). As used in this 23 paragraph, the term "current official forecast" means the most 24 recent forecast as determined by the Revenue Estimating 25 Conference. If the current official forecast for a fiscal year 26 changes after payments under this paragraph have ended during 27 that fiscal year, no further payments are required under this 28 paragraph during the fiscal year. 29 (d) The remainder of the moneys distributed under this 30 subsection, after the required payments under paragraphs (a), 31 (b), and (c), shall be paid into the State Treasury to the 3 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 credit of the General Revenue Fund of the state to be used and 2 expended for the purposes for which the General Revenue Fund 3 was created and exists by law or to the Ecosystem Management 4 and Restoration Trust Fund or to the Marine Resources 5 Conservation Trust Fund as provided in subsection (11). 6 (2) The lesser of seven and fifty-six hundredths 7 percent of the remaining taxes collected under this chapter or 8 $84.9 million in each fiscal year shall be used for the 9 following purposes: 10 (a) Beginning in the month following the final payment 11 for a fiscal year under paragraph (1)(c), available moneys 12 shall be paid into the State Treasury to the credit of the 13 General Revenue Fund of the state to be used and expended for 14 the purposes for which the General Revenue Fund was created 15 and exists by law or to the Ecosystem Management and 16 Restoration Trust Fund or to the Marine Resources Conservation 17 Trust Fund as provided in subsection (11). Payments made under 18 this paragraph shall continue until the cumulative amount 19 credited to the General Revenue Fund for the fiscal year under 20 this paragraph equals the cumulative payments made under 21 paragraph (1)(c) for the same fiscal year. 22 (b) The remainder of the moneys distributed under this 23 subsection shall be paid into the State Treasury to the credit 24 of the Land Acquisition Trust Fund. Sums deposited in the fund 25 pursuant to this subsection may be used for any purpose for 26 which funds deposited in the Land Acquisition Trust Fund may 27 lawfully be used. 28 (3) The lesser of one and ninety-four hundredths 29 percent of the remaining taxes collected under this chapter or 30 $26 million in each fiscal year shall be paid into the State 31 Treasury to the credit of the Land Acquisition Trust Fund. 4 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 Moneys deposited in the trust fund pursuant to this section 2 shall be used for the following purposes: 3 (a) Sixty percent of the moneys shall be used to 4 acquire coastal lands or to pay debt service on bonds issued 5 to acquire coastal lands; and 6 (b) Forty percent of the moneys shall be used to 7 develop and manage lands acquired with moneys from the Land 8 Acquisition Trust Fund. 9 (4) The lesser of four and two-tenths percent of the 10 remaining taxes collected under this chapter or $60.5 million 11 in each fiscal year shall be paid into the State Treasury to 12 the credit of the Water Management Lands Trust Fund. Sums 13 deposited in that fund may be used for any purpose authorized 14 in s. 373.59. 15 (5) Four and two-tenths percent of the remaining taxes 16 collected under this chapter shall be paid into the State 17 Treasury to the credit of the Conservation and Recreation 18 Lands Trust Fund to carry out the purposes set forth in s. 19 259.032. Nine and one-half percent of the amount credited to 20 the Conservation and Recreation Lands Trust Fund pursuant to 21 this subsection shall be transferred to the State Game Trust 22 Fund and used for land management activities. 23 (6) The lesser of two and twenty-eight hundredths 24 percent of the remaining taxes collected under this chapter or 25 $36.1 million in each fiscal year shall be paid into the State 26 Treasury to the credit of the Invasive Plant Control Trust 27 Fund to carry out the purposes set forth in ss. 369.22 and 28 369.252. 29 (7) The lesser of one-half of one percent of the 30 remaining taxes collected under this chapter or $9.3 million 31 in each fiscal year shall be paid into the State Treasury to 5 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 the credit of the State Game Trust Fund to be used exclusively 2 for the purpose of implementing the Lake Restoration 2020 3 Program. 4 (8) One-half of one percent of the remaining taxes 5 collected under this chapter shall be paid into the State 6 Treasury and divided equally to the credit of the Department 7 of Environmental Protection Water Quality Assurance Trust Fund 8 to address water quality impacts associated with 9 nonagricultural nonpoint sources and to the credit of the 10 Department of Agriculture and Consumer Services General 11 Inspection Trust Fund to address water quality impacts 12 associated with agricultural nonpoint sources, respectively. 13 These funds shall be used for research, development, 14 demonstration, and implementation of suitable best management 15 practices or other measures used to achieve water quality 16 standards in surface waters and water segments identified 17 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 18 92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best 19 management practices and other measures may include cost-share 20 grants, technical assistance, implementation tracking, and 21 conservation leases or other agreements for water quality 22 improvement. The Department of Environmental Protection and 23 the Department of Agriculture and Consumer Services may adopt 24 rules governing the distribution of funds for implementation 25 of best management practices. The unobligated balance of funds 26 received from the distribution of taxes collected under this 27 chapter to address water quality impacts associated with 28 nonagricultural nonpoint sources will be excluded when 29 calculating the unobligated balance of the Water Quality 30 Assurance Trust Fund as it relates to the determination of the 31 applicable excise tax rate. 6 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 (9) The lesser of seven and fifty-three hundredths 2 percent of the remaining taxes collected under this chapter or 3 $107 million in each fiscal year shall be paid into the State 4 Treasury to the credit of the State Housing Trust Fund and 5 shall be used as follows: 6 (a) Half of that amount shall be used for the purposes 7 for which the State Housing Trust Fund was created and exists 8 by law. 9 (b) Half of that amount shall be paid into the State 10 Treasury to the credit of the Local Government Housing Trust 11 Fund and shall be used for the purposes for which the Local 12 Government Housing Trust Fund was created and exists by law. 13 (10) The lessor of eight and sixty-six hundredths 14 percent of the remaining taxes collected under this chapter or 15 $136 million in each fiscal year shall be paid into the State 16 Treasury to the credit of the State Housing Trust Fund and 17 shall be used as follows: 18 (a) Twelve and one-half percent of that amount shall 19 be deposited into the State Housing Trust Fund and be expended 20 by the Department of Community Affairs and by the Florida 21 Housing Finance Corporation for the purposes for which the 22 State Housing Trust Fund was created and exists by law. 23 (b) Eighty-seven and one-half percent of that amount 24 shall be distributed to the Local Government Housing Trust 25 Fund and shall be used for the purposes for which the Local 26 Government Housing Trust Fund was created and exists by law. 27 Funds from this category may also be used to provide for state 28 and local services to assist the homeless. 29 (11) From the moneys specified in paragraphs (1)(d) 30 and (2)(a) and prior to deposit of any moneys into the General 31 Revenue Fund, $30 million shall be paid into the State 7 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 Treasury to the credit of the Ecosystem Management and 2 Restoration Trust Fund in fiscal year 2000-2001 and each 3 fiscal year thereafter, to be used for the preservation and 4 repair of the state's beaches as provided in ss. 5 161.091-161.212, and $2 million shall be paid into the State 6 Treasury to the credit of the Marine Resources Conservation 7 Trust Fund to be used for marine mammal care as provided in s. 8 370.0603(3). 9 (12) The Department of Revenue may use the payments 10 credited to trust funds pursuant to paragraphs (1)(c) and 11 (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and 12 (10) to pay the costs of the collection and enforcement of the 13 tax levied by this chapter. The percentage of such costs which 14 may be assessed against a trust fund is a ratio, the numerator 15 of which is payments credited to that trust fund under this 16 section and the denominator of which is the sum of payments 17 made under paragraphs (1)(c) and (2)(b) and subsections (3), 18 (4), (5), (6), (7), (8), (9), and (10). 19 (13) The distribution of proceeds deposited into the 20 Water Management Lands Trust Fund and the Conservation and 21 Recreation Lands Trust Fund, pursuant to subsections (4) and 22 (5), shall not be used for land acquisition, but may be used 23 for preacquisition costs associated with land purchases. The 24 Legislature intends that the Florida Forever program supplant 25 the acquisition programs formerly authorized under ss. 259.032 26 and 373.59. Prior to the 2005 Regular Session of the 27 Legislature, the Acquisition and Restoration Council shall 28 review and make recommendations to the Legislature concerning 29 the need to repeal this provision. Based on these 30 recommendations, the Legislature shall review the need to 31 repeal this provision during the 2005 Regular Session. 8 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 (14) Amounts distributed pursuant to subsections (5), 2 (6), (7) and (8) are subject to the payment of debt service on 3 outstanding Conservation and Recreation Lands revenue bonds. 4 (15) Beginning July 1, 2008, in each fiscal year that 5 the remaining taxes collected under this chapter exceed such 6 collections in the prior fiscal year, the stated maximum 7 dollar amounts provided in subsections (2), (4), (6), (7), 8 (9), and (10) shall each be increased by an amount equal to 10 9 percent of the increase in the remaining taxes collected under 10 this chapter multiplied by the applicable percentage provided 11 in those subsections. 12 (16) If the payment requirements in any year for bonds 13 outstanding on July 1, 2007, or bonds issued to refund such 14 bonds, exceed the limitations of this section, distributions 15 to the trust fund from which the bond payments are made shall 16 be increased to the lesser of the amount needed to pay bond 17 obligations or the limit of the applicable percentage 18 distribution provided in subsections (1)-(12). 19 (17) Distributions to the State Housing Trust Fund 20 pursuant to subsections (9) and (10) shall be sufficient to 21 cover amounts required to be transferred to the Florida 22 Affordable Housing Guarantee Program's annual debt service 23 reserve and guarantee fund pursuant to s. 420.5092(6)(a) and 24 (b) up to but not exceeding the amount required to be 25 transferred to such reserve and fund based on the percentage 26 distribution of documentary stamp tax revenues to the State 27 Housing Trust Fund which is in effect in the 2004-2005 fiscal 28 year. 29 (18) The remaining taxes collected under this chapter, 30 after the distributions provided in the preceding subsections, 31 shall be paid into the State Treasury to the credit of the 9 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 General Revenue Fund. 2 Section 2. Effective July 1, 2005, there is 3 appropriated for the 2005-2006 fiscal year to the Florida 4 Housing Finance Corporation $175.5 million from the Local 5 Government Housing Trust Fund and $74.5 million from the State 6 Housing Trust Fund for the purpose of providing funds to 7 eligible entities for affordable housing recovery efforts as 8 recommended by the Hurricane Housing Work Group. From these 9 funds, $208,000,000 shall be for the Hurricane Housing 10 Recovery Program and shall be allocated as described in 11 Appendix 1, Table 3 of the Hurricane Housing Work Group 12 Recommendations to Assist in Florida's Long Term Housing 13 Recovery Efforts report dated February 16, 2005, as follows: 14 $165,984,000 for Tier I counties, $31,122,000 for Tier II 15 counties, $10,374,000 for Tier III counties, and $520,000 to 16 the Florida Housing Finance Corporation for compliance 17 monitoring. From these funds, an additional $42,000,000 shall 18 be provided for the Rental Recovery Loan Program, as described 19 in the Hurricane Housing Work Group Recommendations to Assist 20 in Florida's Long Term Housing Recovery Efforts report dated 21 February 16, 2005, to assist with building and rehabilitating 22 affordable rental housing to help communities respond to 23 hurricane-recovery needs. 24 Section 3. To administer section 2 of this act, the 25 Florida Housing Finance Corporation may adopt emergency rules 26 pursuant to section 120.54, Florida Statutes. The Legislature 27 finds that emergency rules adopted pursuant to this section 28 meet the health, safety, and welfare requirement of section 29 120.54(4), Florida Statutes. The Legislature finds that such 30 emergency rulemaking power is necessary for the preservation 31 of the rights and welfare of the people in order to provide 10 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 additional funds to assist those areas of the state which 2 sustained housing damage due to hurricanes during 2004. 3 Therefore, in adopting such emergency rules, the corporation 4 need not make the findings required by section 120.54(4)(a), 5 Florida Statutes. Emergency rules adopted under this section 6 are exempt from section 120.54(4)(c), Florida Statutes, and 7 shall remain in effect for 180 days. 8 Section 4. Except as otherwise expressly provided in 9 this act, this act shall take effect July 1, 2007. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to the distribution of proceeds 19 from the excise tax on documents; amending s. 20 201.15, F.S.; revising monetary criteria for 21 distributing portions of the tax to certain 22 trust funds; requiring that proceeds of the tax 23 in excess of specified amounts be deposited 24 into the General Revenue Fund; providing for 25 increased distributions to certain trust funds 26 under certain circumstances to provide for 27 payments on bonds; revising monetary criteria 28 for distributing portions of the tax to the 29 State Housing Trust Fund and the Local 30 Government Housing Trust Fund for purposes of 31 preserving the rights of holders of affordable 11 11:51 AM 05/02/05 h188901e1d-seg1-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1889, 1st Eng. Barcode 710840 1 housing guarantees; requiring distributions to 2 the State Housing Trust Fund to be sufficient 3 for certain purposes; making appropriations; 4 authorizing the Florida Housing Finance 5 Corporation to adopt emergency rules; providing 6 legislative findings; exempting such emergency 7 rules from the requirements of s. 120.54, F.S., 8 relating to the effective time period for 9 emergency rules; providing an effective date. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 11:51 AM 05/02/05 h188901e1d-seg1-ta1
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