Bill Text: FL S0586 | 2015 | Regular Session | Comm Sub
Bill Title: Implementation of the Water and Land Conservation Constitutional Amendment
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0586 Detail]
Download: Florida-2015-S0586-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 586
By the Committees on Appropriations; and Environmental
Preservation and Conservation; and Senator Dean
576-02511-15 2015586c2
1 A bill to be entitled
2 An act relating to the implementation of the water and
3 land conservation constitutional amendment; amending
4 s. 201.15, F.S.; revising and deleting distributions
5 of the tax; providing that specified distributions to
6 the Land Acquisition Trust Fund are not subject to the
7 service charge under s. 215.20, F.S.; revising the
8 purposes for which distributions may be used;
9 repealing s. 161.05301, F.S., relating to beach
10 erosion control project staffing; repealing s.
11 161.091(3), F.S., relating to funding for the state’s
12 beach management plan; repealing s. 375.045, F.S.,
13 relating to the Florida Preservation 2000 Trust Fund;
14 amending s. 375.075, F.S.; requiring specified public
15 recreation projects to have been selected through the
16 Department of Environmental Protection’s competitive
17 selection process prior to the release of funds;
18 conforming provisions to changes made by the act;
19 amending ss. 201.0205, 215.618, 215.619, 259.032,
20 259.1051, 339.0801, 339.55, 341.303, 343.58, 369.252,
21 379.214, 379.362, 403.8911, 420.5092, and 420.9073,
22 F.S.; conforming provisions to changes made by the
23 act; reenacting s. 339.2818(6), F.S., relating to the
24 Small County Outreach Program, s. 339.2819(5), F.S.,
25 relating to the Transportation Regional Incentive
26 Program, s. 339.61(3), F.S., relating to the Florida
27 Strategic Intermodal System, s. 341.051(6), F.S.,
28 relating to the New Starts Transit Program, s.
29 373.470(4)(e), F.S., relating to debt service for
30 Everglades restoration bonds, and s. 420.9079(1),
31 F.S., relating to the Local Government Housing Trust
32 Fund, to incorporate the amendment made by this act to
33 s. 201.15, F.S., in references thereto; providing an
34 effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Section 201.15, Florida Statutes, is amended to
39 read:
40 201.15 Distribution of taxes collected.—All taxes collected
41 under this chapter, except taxes distributed to the Land
42 Acquisition Trust Fund pursuant to subsections (1) and (2), are
43 subject to the service charge imposed in s. 215.20(1). Before
44 distribution pursuant to under this section, the Department of
45 Revenue shall deduct amounts necessary to pay the costs of the
46 collection and enforcement of the tax levied by this chapter.
47 The Such costs and the service charge may not be levied against
48 any portion of taxes pledged to debt service on bonds to the
49 extent that the costs and service charge are required to pay any
50 amounts relating to the bonds. After distributions are made
51 pursuant to subsection (1), All of the costs of the collection
52 and enforcement of the tax levied by this chapter and the
53 service charge shall be available and transferred to the extent
54 necessary to pay debt service and any other amounts payable with
55 respect to bonds authorized before January 1, 2015, secured by
56 revenues distributed pursuant to this section subsection (1).
57 All taxes remaining after deduction of costs and the service
58 charge shall be distributed as follows:
59 (1) All of the remaining taxes collected under this chapter
60 are pledged and shall be first made available to make payments
61 on bonds issued pursuant to s. 215.618 or s. 215.619, as
62 provided under paragraphs (3)(a) and (b), or on any other bonds
63 authorized to be issued on a parity basis with such bonds.
64 Amounts necessary to make such payments shall be deposited in
65 the Land Acquisition Trust Fund.
66 (2) If the amounts deposited pursuant to subsection (1) are
67 less than 33 percent of all taxes collected after first
68 deducting the costs of collection, an amount equal to 33 percent
69 of all taxes collected after first deducting the costs of
70 collection, minus the amounts deposited pursuant to subsection
71 (1), shall be deposited in the Land Acquisition Trust Fund.
72 (3) Amounts on deposit in the Land Acquisition Trust Fund
73 Sixty-three and thirty-one hundredths percent of the remaining
74 taxes shall be used in for the following order purposes:
75 (a) Payment of Amounts necessary to pay the debt service
76 on, or funding of fund debt service reserve funds, rebate
77 obligations, or other amounts payable with respect to
78 Preservation 2000 bonds issued pursuant to s. 375.051 and
79 Florida Forever bonds issued pursuant to s. 215.618, shall be
80 paid into the State Treasury to the credit of the Land
81 Acquisition Trust Fund to be used for such purposes. The amount
82 used for such purposes transferred to the Land Acquisition Trust
83 Fund may not exceed $300 million in each fiscal year 1999-2000
84 and thereafter for Preservation 2000 bonds and bonds issued to
85 refund Preservation 2000 bonds, and $300 million in fiscal year
86 2000-2001 and thereafter for Florida Forever bonds. The annual
87 amount transferred to the Land Acquisition Trust Fund for
88 Florida Forever bonds may not exceed $30 million in the first
89 fiscal year in which bonds are issued. The limitation on the
90 amount transferred shall be increased by an additional $30
91 million in each subsequent fiscal year, but may not exceed a
92 total of $300 million in any fiscal year for all bonds issued.
93 It is the intent of the Legislature that all bonds issued to
94 fund the Florida Forever Act be retired by December 31, 2040.
95 Except for bonds issued to refund previously issued bonds, no
96 series of bonds may be issued pursuant to this paragraph unless
97 such bonds are approved and the debt service for the remainder
98 of the fiscal year in which the bonds are issued is specifically
99 appropriated in the General Appropriations Act. For purposes of
100 refunding Preservation 2000 bonds, amounts designated within
101 this section for Preservation 2000 and Florida Forever bonds may
102 be transferred between the two programs to the extent provided
103 for in the documents authorizing the issuance of the bonds. The
104 Preservation 2000 bonds and Florida Forever bonds are equally
105 and ratably secured by moneys distributable to the Land
106 Acquisition Trust Fund pursuant to this section, except as
107 specifically provided otherwise by the documents authorizing the
108 issuance of the bonds. Moneys transferred to the Land
109 Acquisition Trust Fund pursuant to this paragraph, or earnings
110 thereon, may not be used or made available to pay debt service
111 on the Save Our Coast revenue bonds.
112 (b) Payment Moneys shall be paid into the State Treasury to
113 the credit of the Save Our Everglades Trust Fund in amounts
114 necessary to pay debt service, provide reserves, and pay rebate
115 obligations and other amounts due with respect to bonds issued
116 pursuant to under s. 215.619. Taxes distributed under paragraph
117 (a) and this paragraph must be collectively distributed on a pro
118 rata basis when the available moneys under this subsection are
119 not sufficient to cover the amounts required under paragraph (a)
120 and this paragraph.
121
122 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
123 and ratably secured by moneys distributable to the Land
124 Acquisition Trust Fund.
125 (4)(c) After the required distributions to the Land
126 Acquisition Trust Fund pursuant to subsections (1) and (2) and
127 deduction of the service charge imposed pursuant to s. 215.20(1)
128 payments under paragraphs (a) and (b), the remainder shall be
129 distributed as follows paid into the State Treasury to the
130 credit of:
131 (a)1. The State Transportation Trust Fund in the Department
132 of Transportation in the amount of The lesser of 24.18442 38.2
133 percent of the remainder or $541.75 million in each fiscal year
134 shall be paid into the State Treasury to the credit of the State
135 Transportation Trust Fund. Out Of such funds, the first $50
136 million for the 2012-2013 fiscal year; $65 million for the 2013
137 2014 fiscal year; and $75 million for each the 2014-2015 fiscal
138 year and all subsequent years, shall be transferred to the State
139 Economic Enhancement and Development Trust Fund within the
140 Department of Economic Opportunity. Notwithstanding any other
141 law, the remaining amount credited to the State Transportation
142 Trust Fund shall remainder is to be used for the following
143 specified purposes, notwithstanding any other law to the
144 contrary:
145 1.a. For the purposes of Capital funding for the New Starts
146 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
147 specified in s. 341.051, in the amount of 10 percent of the
148 these funds;
149 2.b. For the purposes of The Small County Outreach Program
150 specified in s. 339.2818, in the amount of 10 5 percent of the
151 these funds. Effective July 1, 2014, the percentage allocated
152 under this sub-subparagraph shall be increased to 10 percent;
153 3.c. For the purposes of The Strategic Intermodal System
154 specified in ss. 339.61, 339.62, 339.63, and 339.64, in the
155 amount of 75 percent of the these funds after deduction of the
156 payments required pursuant to subparagraphs 1. and 2. allocating
157 for the New Starts Transit Program described in sub-subparagraph
158 a. and the Small County Outreach Program described in sub
159 subparagraph b.; and
160 4.d. For the purposes of The Transportation Regional
161 Incentive Program specified in s. 339.2819, in the amount of 25
162 percent of the these funds after deduction of the payments
163 required pursuant to subparagraphs 1. and 2. allocating for the
164 New Starts Transit Program described in sub-subparagraph a. and
165 the Small County Outreach Program described in sub-subparagraph
166 b. Effective July 1, 2014, The first $60 million of the funds
167 allocated pursuant to this subparagraph sub-subparagraph shall
168 be allocated annually to the Florida Rail Enterprise for the
169 purposes established in s. 341.303(5).
170 (b)2. The Grants and Donations Trust Fund in the Department
171 of Economic Opportunity in the amount of The lesser of .1456 .23
172 percent of the remainder or $3.25 million in each fiscal year
173 shall be paid into the State Treasury to the credit of the
174 Grants and Donations Trust Fund in the Department of Economic
175 Opportunity to fund technical assistance to local governments.
176 3. The Ecosystem Management and Restoration Trust Fund in
177 the amount of the lesser of 2.12 percent of the remainder or $30
178 million in each fiscal year, to be used for the preservation and
179 repair of the state’s beaches as provided in ss. 161.091
180 161.212.
181 4. General Inspection Trust Fund in the amount of the
182 lesser of .02 percent of the remainder or $300,000 in each
183 fiscal year to be used to fund oyster management and restoration
184 programs as provided in s. 379.362(3).
185
186 Moneys distributed pursuant to paragraphs (a) and (b) this
187 paragraph may not be pledged for debt service unless such pledge
188 is approved by referendum of the voters.
189 (d) After the required payments under paragraphs (a), (b),
190 and (c), the remainder shall be paid into the State Treasury to
191 the credit of the General Revenue Fund to be used and expended
192 for the purposes for which the General Revenue Fund was created
193 and exists by law.
194 (2) The lesser of 7.56 percent of the remaining taxes or
195 $84.9 million in each fiscal year shall be distributed as
196 follows:
197 (a) Six million and three hundred thousand dollars shall be
198 paid into the State Treasury to the credit of the General
199 Revenue Fund.
200 (b) The remainder shall be paid into the State Treasury to
201 the credit of the Land Acquisition Trust Fund. Sums deposited in
202 the fund pursuant to this subsection may be used for any purpose
203 for which funds deposited in the Land Acquisition Trust Fund may
204 lawfully be used.
205 (3)(a) The lesser of 1.94 percent of the remaining taxes or
206 $26 million in each fiscal year shall be distributed in the
207 following order:
208 1. Amounts necessary to pay debt service or to fund debt
209 service reserve funds, rebate obligations, or other amounts
210 payable with respect to bonds issued before February 1, 2009,
211 pursuant to this subsection shall be paid into the State
212 Treasury to the credit of the Land Acquisition Trust Fund.
213 2. Eleven million dollars shall be paid into the State
214 Treasury to the credit of the General Revenue Fund.
215 3. The remainder shall be paid into the State Treasury to
216 the credit of the Land Acquisition Trust Fund.
217 (b) Moneys deposited in the Land Acquisition Trust Fund
218 pursuant to this subsection shall be used to acquire coastal
219 lands or to pay debt service on bonds issued to acquire coastal
220 lands and to develop and manage lands acquired with moneys from
221 the trust fund.
222 (4) The lesser of 4.2 percent of the remaining taxes or
223 $60.5 million in each fiscal year shall be paid into the State
224 Treasury to the credit of the Water Management Lands Trust Fund.
225 Sums deposited in that fund may be used for any purpose
226 authorized in s. 373.59. An amount equal to the amounts
227 necessary to pay debt service or to fund debt service reserve
228 funds, rebate obligations, or other amounts payable with respect
229 to bonds authorized pursuant to s. 215.619(1)(a)2. and the
230 proviso associated with Specific Appropriation 1626A of the
231 2014-2015 General Appropriations Act shall be transferred
232 annually from the Water Management Lands Trust Fund to the
233 General Revenue Fund.
234 (5) Of the remaining taxes, 3.52 percent shall be paid into
235 the State Treasury to the credit of the Conservation and
236 Recreation Lands Trust Fund to carry out the purposes set forth
237 in s. 259.032. Eleven and fifteen hundredths percent of the
238 amount credited to the Conservation and Recreation Lands Trust
239 Fund pursuant to this subsection shall be transferred to the
240 State Game Trust Fund and used for land management activities.
241 (6) The lesser of 2.28 percent of the remaining taxes or
242 $34.1 million in each fiscal year shall be paid into the State
243 Treasury to the credit of the Invasive Plant Control Trust Fund
244 to carry out the purposes set forth in ss. 369.22 and 369.252.
245 (7) The lesser of .5 percent of the remaining taxes or $9.3
246 million in each fiscal year shall be paid into the State
247 Treasury to the credit of the State Game Trust Fund to be used
248 exclusively for the purpose of implementing the Lake Restoration
249 2020 Program.
250 (8) One-half of one percent of the remaining taxes shall be
251 paid into the State Treasury and divided equally to the credit
252 of the Department of Environmental Protection Water Quality
253 Assurance Trust Fund to address water quality impacts associated
254 with nonagricultural nonpoint sources and to the credit of the
255 Department of Agriculture and Consumer Services General
256 Inspection Trust Fund to address water quality impacts
257 associated with agricultural nonpoint sources, respectively.
258 These funds shall be used for research, development,
259 demonstration, and implementation of suitable best management
260 practices or other measures used to achieve water quality
261 standards in surface waters and water segments identified
262 pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No. 92
263 500, 33 U.S.C. ss. 1251 et seq. Implementation of best
264 management practices and other measures may include cost-share
265 grants, technical assistance, implementation tracking, and
266 conservation leases or other agreements for water quality
267 improvement. The Department of Environmental Protection and the
268 Department of Agriculture and Consumer Services may adopt rules
269 governing the distribution of funds for implementation of best
270 management practices. The unobligated balance of funds received
271 from the distribution of taxes collected under this chapter to
272 address water quality impacts associated with nonagricultural
273 nonpoint sources must be excluded when calculating the
274 unobligated balance of the Water Quality Assurance Trust Fund as
275 it relates to the determination of the applicable excise tax
276 rate.
277 (c)(9) Eleven and twenty-four Seven and fifty-three
278 hundredths percent of the remainder remaining taxes in each
279 fiscal year shall be paid into the State Treasury to the credit
280 of the State Housing Trust Fund. Out Of such funds, beginning in
281 the 2012-2013 fiscal year, the first $35 million shall be
282 transferred annually, subject to any distribution required
283 pursuant to under subsection (5) (15), to the State Economic
284 Enhancement and Development Trust Fund within the Department of
285 Economic Opportunity. The remainder shall be used as follows:
286 1.(a) Half of that amount shall be used for the purposes
287 for which the State Housing Trust Fund was created and exists by
288 law.
289 2.(b) Half of that amount shall be paid into the State
290 Treasury to the credit of the Local Government Housing Trust
291 Fund and used for the purposes for which the Local Government
292 Housing Trust Fund was created and exists by law.
293 (d)(10) Twelve and ninety-three Eight and sixty-six
294 hundredths percent of the remainder remaining taxes in each
295 fiscal year shall be paid into the State Treasury to the credit
296 of the State Housing Trust Fund. Out Of such funds, beginning in
297 the 2012-2013 fiscal year, the first $40 million shall be
298 transferred annually, subject to any distribution required
299 pursuant to under subsection (5) (15), to the State Economic
300 Enhancement and Development Trust Fund within the Department of
301 Economic Opportunity. The remainder shall be used as follows:
302 1.(a) Twelve and one-half percent of that amount shall be
303 deposited into the State Housing Trust Fund and be expended by
304 the Department of Economic Opportunity and by the Florida
305 Housing Finance Corporation for the purposes for which the State
306 Housing Trust Fund was created and exists by law.
307 2.(b) Eighty-seven and one-half percent of that amount
308 shall be distributed to the Local Government Housing Trust Fund
309 and used for the purposes for which the Local Government Housing
310 Trust Fund was created and exists by law. Funds from this
311 category may also be used to provide for state and local
312 services to assist the homeless.
313 (e) The sum of $1.16 million in each fiscal year shall be
314 paid into the State Treasury to the credit of the Internal
315 Improvement Trust Fund for the purpose of making payment in lieu
316 of taxes under s. 259.032(12)(b).
317 (11) The distribution of proceeds deposited into the Water
318 Management Lands Trust Fund and the Conservation and Recreation
319 Lands Trust Fund, pursuant to subsections (4) and (5), may not
320 be used for land acquisition but may be used for preacquisition
321 costs associated with land purchases. The Legislature intends
322 that the Florida Forever program supplant the acquisition
323 programs formerly authorized under ss. 259.032 and 373.59.
324 (12) Amounts distributed pursuant to subsections (5), (6),
325 (7), and (8) are subject to the payment of debt service on
326 outstanding Conservation and Recreation Lands revenue bonds.
327 (13) In each fiscal year that the remaining taxes exceed
328 collections in the prior fiscal year, the stated maximum dollar
329 amounts provided in subsections (2), (4), (6), and (7) shall
330 each be increased by an amount equal to 10 percent of the
331 increase in the remaining taxes collected under this chapter
332 multiplied by the applicable percentage provided in those
333 subsections.
334 (14) If the payment requirements in any year for bonds
335 outstanding on July 1, 2007, or bonds issued to refund such
336 bonds, exceed the limitations of this section, distributions to
337 the trust fund from which the bond payments are made must be
338 increased to the lesser of the amount needed to pay bond
339 obligations or the limit of the applicable percentage
340 distribution provided in subsections (1)-(10).
341 (5)(15) Distributions to the State Housing Trust Fund
342 pursuant to paragraphs (4)(c) and (d) subsections (9) and (10)
343 must be sufficient to cover amounts required to be transferred
344 to the Florida Affordable Housing Guarantee Program’s annual
345 debt service reserve and guarantee fund pursuant to s.
346 420.5092(6)(a) and (b) up to the amount required to be
347 transferred to such reserve and fund based on the percentage
348 distribution of documentary stamp tax revenues to the State
349 Housing Trust Fund which is in effect in the 2004-2005 fiscal
350 year.
351 (16) If amounts necessary to pay debt service or any other
352 amounts payable with respect to Preservation 2000 bonds, Florida
353 Forever bonds, or Everglades Restoration bonds authorized before
354 January 1, 2015, exceed the amounts distributable pursuant to
355 subsection (1), all moneys distributable pursuant to this
356 section are available for such obligations and transferred in
357 the amounts necessary to pay such obligations when due. However,
358 amounts distributable pursuant to subsection (2), subsection
359 (3), subsection (4), subsection (5), paragraph (9)(a), or
360 paragraph (10)(a) are not available to pay such obligations to
361 the extent that such moneys are necessary to pay debt service on
362 bonds secured by revenues pursuant to those provisions.
363 (6)(17) After the distributions provided in the preceding
364 subsections, any remaining taxes shall be paid into the State
365 Treasury to the credit of the General Revenue Fund.
366 Section 2. Section 161.05301, Florida Statutes, is
367 repealed.
368 Section 3. Subsection (3) of section 161.091, Florida
369 Statutes, is repealed.
370 Section 4. Section 375.045, Florida Statutes, is repealed.
371 Section 5. Subsection (1) and paragraph (c) of subsection
372 (2) of section 375.075, Florida Statutes, are amended to read:
373 375.075 Outdoor recreation; financial assistance to local
374 governments.—
375 (1) The Department of Environmental Protection may is
376 authorized to establish the Florida Recreation Development
377 Assistance Program to provide grants to qualified local
378 governmental entities to acquire or develop land for public
379 outdoor recreation purposes. To the extent not needed for debt
380 service on bonds issued pursuant to s. 375.051, each year The
381 department shall annually develop and plan a program which shall
382 be based upon funding of not less than 5 percent of the money
383 credited to the Land Acquisition Trust Fund pursuant to s.
384 201.15(2) and (3) in that year. The department shall develop and
385 plan a program which shall be based upon the cumulative total
386 funding provided from this section and from the Florida Forever
387 Trust Fund pursuant to s. 259.105(3)(d).
388 (2)
389 (c) Funds may not be released under No release of funds
390 from the Land Acquisition Trust Fund, or from the Florida
391 Forever Trust Fund beginning in fiscal year 2001-2002, for this
392 program may be made for these public recreation projects until
393 the projects have been selected through the competitive
394 selection process provided for in this section.
395 Section 6. Section 201.0205, Florida Statutes, is amended
396 to read:
397 201.0205 Counties that have implemented ch. 83-220;
398 inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
399 Laws of Florida.—The 10-cent tax increase in the documentary
400 stamp tax levied by s. 2, chapter 92-317, does not apply to
401 deeds and other taxable instruments relating to real property
402 located in any county that has implemented the provisions of
403 chapter 83-220, Laws of Florida, as amended by chapters 84-270,
404 86-152, and 89-252, Laws of Florida. Each such county and each
405 eligible jurisdiction within such county may shall not be
406 eligible to participate in programs funded pursuant to s.
407 201.15(4)(c) s. 201.15(9). However, each such county and each
408 eligible jurisdiction within such county may shall be eligible
409 to participate in programs funded pursuant to s. 201.15(4)(d) s.
410 201.15(10).
411 Section 7. Paragraph (a) of subsection (1) and subsection
412 (3) of section 215.618, Florida Statutes, are amended to read:
413 215.618 Bonds for acquisition and improvement of land,
414 water areas, and related property interests and resources.—
415 (1)(a) The issuance of Florida Forever bonds, not to exceed
416 $5.3 billion, to finance or refinance the cost of acquisition
417 and improvement of land, water areas, and related property
418 interests and resources, in urban and rural settings, for the
419 purposes of restoration, conservation, recreation, water
420 resource development, or historical preservation, and for
421 capital improvements to lands and water areas that accomplish
422 environmental restoration, enhance public access and
423 recreational enjoyment, promote long-term management goals, and
424 facilitate water resource development is hereby authorized,
425 subject to the provisions of s. 259.105 and pursuant to s.
426 11(e), Art. VII of the State Constitution. Florida Forever bonds
427 may also be issued to refund Preservation 2000 bonds issued
428 pursuant to s. 375.051. The $5.3 billion limitation on the
429 issuance of Florida Forever bonds does not apply to refunding
430 bonds. The duration of each series of Florida Forever bonds
431 issued may not exceed 20 annual maturities. Preservation 2000
432 bonds and Florida Forever bonds shall be equally and ratably
433 secured by moneys distributable to the Land Acquisition Trust
434 Fund pursuant to s. 201.15(1)(a), except to the extent
435 specifically provided otherwise by the documents authorizing the
436 issuance of the bonds.
437 (3) Bonds issued pursuant to this section are shall be
438 payable from taxes distributable to the Land Acquisition Trust
439 Fund pursuant to s. 201.15(1)(a). Bonds issued pursuant to this
440 section do shall not constitute a general obligation of, or a
441 pledge of the full faith and credit of, the state.
442 Section 8. Subsections (2) and (3) of section 215.619,
443 Florida Statutes, are amended to read:
444 215.619 Bonds for Everglades restoration.—
445 (2) The state covenants with the holders of Everglades
446 restoration bonds that it will not take any action that will
447 materially and adversely affect the rights of the holders so
448 long as the bonds are outstanding, including, but not limited
449 to, a reduction in the portion of documentary stamp taxes
450 distributable pursuant to under s. 201.15(1) for payment of debt
451 service on Preservation 2000 bonds, Florida Forever bonds, or
452 Everglades restoration bonds.
453 (3) Everglades restoration bonds are payable from, and
454 secured by a first lien on, taxes distributable pursuant to
455 under s. 201.15(1)(b) and do not constitute a general obligation
456 of, or a pledge of the full faith and credit of, the state.
457 Everglades restoration bonds shall be secured on a parity basis
458 with bonds secured by moneys distributable pursuant to under s.
459 201.15(1)(a).
460 Section 9. Paragraph (a) of subsection (2) of section
461 259.032, Florida Statutes, is amended to read:
462 259.032 Conservation and Recreation Lands Trust Fund;
463 purpose.—
464 (2)(a) The Conservation and Recreation Lands Trust Fund is
465 established within the Department of Environmental Protection.
466 The fund shall be used as a nonlapsing, revolving fund
467 exclusively for the purposes of this section. The Department of
468 Revenue fund shall credit the fund each month be credited with
469 the proceeds from the following excise taxes:
470 1. The excise taxes on documents as provided in s. 201.15;
471 and
472 2. The excise tax on the severance of phosphate rock as
473 provided in s. 211.3103.
474
475 The Department of Revenue shall credit to the fund each month
476 the proceeds from such taxes as provided in this paragraph.
477 Section 10. Subsections (1) and (3) of section 259.1051,
478 Florida Statutes, are amended to read:
479 259.1051 Florida Forever Trust Fund.—
480 (1) There is created The Florida Forever Trust Fund is
481 created to carry out the purposes of ss. 259.032, 259.105,
482 259.1052, and 375.031. The Florida Forever Trust Fund shall be
483 held and administered by the department of Environmental
484 Protection. Proceeds from the sale of bonds, except proceeds of
485 refunding bonds, issued pursuant to under s. 215.618 and payable
486 from moneys transferred to the Land Acquisition Trust Fund
487 pursuant to under s. 201.15(1)(a), not to exceed $5.3 billion,
488 shall must be deposited into this trust fund to be distributed
489 and used as provided in s. 259.105(3). The bond resolution
490 adopted by the governing board of the division of Bond Finance
491 of the State Board of Administration may provide for additional
492 provisions that govern the disbursement of the bond proceeds.
493 (3) The department of Environmental Protection shall ensure
494 that the proceeds from the sale of bonds issued pursuant to
495 under s. 215.618 and payable from moneys transferred to the Land
496 Acquisition Trust Fund pursuant to under s. 201.15(1)(a) are
497 shall be administered and expended in a manner that ensures
498 compliance of each issue of bonds that are issued on the basis
499 that interest thereon will be excluded from gross income for
500 federal income tax purposes, with the applicable provisions of
501 the United States Internal Revenue Code and the regulations
502 adopted promulgated thereunder, to the extent necessary to
503 preserve the exclusion of interest on the bonds from gross
504 income for federal income tax purposes. The department of
505 Environmental Protection shall administer the use and
506 disbursement of the proceeds of such bonds or require that such
507 the use and disbursement thereof be administered in a manner to
508 implement strategies to maximize any available benefits under
509 the applicable provisions of the United States Internal Revenue
510 Code or regulations adopted promulgated thereunder, if
511 consistent to the extent not inconsistent with the purposes
512 identified in s. 259.105(3).
513 Section 11. Subsection (4) of section 339.0801, Florida
514 Statutes, is amended to read:
515 339.0801 Allocation of increased revenues derived from
516 amendments to s. 319.32(5)(a) by ch. 2012-128.—Funds that result
517 from increased revenues to the State Transportation Trust Fund
518 derived from the amendments to s. 319.32(5)(a) made by this act
519 must be used annually, first as set forth in subsection (1) and
520 then as set forth in subsections (2)-(5), notwithstanding any
521 other provision of law:
522 (4) Beginning in the 2013-2014 fiscal year and annually
523 thereafter, $10 million shall be allocated to the Small County
524 Outreach Program, to be used as specified in s. 339.2818. These
525 funds are in addition to the funds provided for the program
526 pursuant to s. 201.15 in s. 201.15(1)(c)1.b.
527 Section 12. Subsection (9) of section 339.55, Florida
528 Statutes, is amended to read:
529 339.55 State-funded infrastructure bank.—
530 (9) Funds paid into the State Transportation Trust Fund
531 pursuant to s. 201.15 s. 201.15(1)(c) for the purposes of the
532 State Infrastructure Bank are hereby annually appropriated for
533 expenditure to support that program.
534 Section 13. Subsection (5) of section 341.303, Florida
535 Statutes, is amended to read:
536 341.303 Funding authorization and appropriations;
537 eligibility and participation.—
538 (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—
539 (a) The department, through the Florida Rail Enterprise, is
540 authorized to use funds provided pursuant to s. 201.15(4)(a)4.
541 under s. 201.15(1)(c)1.d. to fund:
542 (a) Up to 50 percent of the nonfederal share of the costs
543 of any eligible passenger rail capital improvement project.
544 (b) The department, through the Florida Rail Enterprise, is
545 authorized to use funds provided under s. 201.15(1)(c)1.d. to
546 fund Up to 100 percent of planning and development costs related
547 to the provision of a passenger rail system, including, but not
548 limited to, preliminary engineering, revenue studies,
549 environmental impact studies, financial advisory services,
550 engineering design, and other appropriate professional services.
551 (c) The department, through the Florida Rail Enterprise, is
552 authorized to use funds provided under s. 201.15(1)(c)1.d. to
553 fund The high-speed rail system.
554 (d) The department, through the Florida Rail Enterprise, is
555 authorized to use funds provided under s. 201.15(1)(c)1.d. to
556 fund Projects necessary to identify or address anticipated
557 impacts of increased freight rail traffic resulting from the
558 implementation of passenger rail systems as provided in s.
559 341.302(3)(b).
560 Section 14. Paragraph (b) of subsection (4) of section
561 343.58, Florida Statutes, is amended to read:
562 343.58 County funding for the South Florida Regional
563 Transportation Authority.—
564 (4) Notwithstanding any other provision of law to the
565 contrary and effective July 1, 2010, until as provided in
566 paragraph (d), the department shall transfer annually from the
567 State Transportation Trust Fund to the South Florida Regional
568 Transportation Authority the amounts specified in subparagraph
569 (a)1. or subparagraph (a)2.
570 (b) Funding required by this subsection may not be provided
571 from the funds dedicated to the Florida Rail Enterprise pursuant
572 to s. 201.15(4)(a)4 under s. 201.15(1)(c)1.d.
573 Section 15. Section 369.252, Florida Statutes, is amended
574 to read:
575 369.252 Invasive plant control on public lands.—The Fish
576 and Wildlife Conservation Commission shall establish a program
577 that will accomplish all of the following to:
578 (1) Achieve eradication or maintenance control of invasive
579 exotic plants on public lands when the scientific data indicate
580 that they are detrimental to the state’s natural environment or
581 when the Commissioner of Agriculture finds that such plants or
582 specific populations thereof are a threat to the agricultural
583 productivity of the state.;
584 (2) Assist state and local government agencies in the
585 development and implementation of coordinated management plans
586 for the eradication or maintenance control of invasive exotic
587 plant species on public lands.;
588 (3) Contract, or enter into agreements, with entities in
589 the State University System or other governmental or private
590 sector entities for research concerning control agents;
591 production and growth of biological control agents; and
592 development of workable methods for the eradication or
593 maintenance control of invasive exotic plants on public lands.;
594 and
595 (4) Use funds in the Invasive Plant Control Trust Fund as
596 authorized by the Legislature for carrying out activities under
597 this section on public lands. A minimum of 20 percent of the
598 amount credited to the Invasive Plant Control Trust Fund
599 pursuant to s. 201.15(6) shall be used for the purpose of
600 controlling nonnative, upland, invasive plant species on public
601 lands.
602 Section 16. Subsection (2) of section 379.214, Florida
603 Statutes, is amended to read:
604 379.214 Invasive Plant Control Trust Fund.—
605 (2) Funds to be credited to and uses of the trust fund
606 shall be administered in accordance with the provisions of ss.
607 201.15, 206.606, 328.76, 369.20, 369.22, 369.252, and 379.502.
608 Section 17. Subsection (3) of section 379.362, Florida
609 Statutes, is amended to read:
610 379.362 Wholesale and retail saltwater products dealers;
611 regulation.—
612 (3) OYSTER MANAGEMENT AND RESTORATION PROGRAMS.—The
613 Department of Agriculture and Consumer Services shall use or
614 distribute funds paid into the State Treasury to the credit of
615 the General Inspection Trust Fund pursuant to s. 201.15, less
616 reasonable costs of administration, to fund the following oyster
617 management and restoration programs in Apalachicola Bay and
618 other oyster harvest areas in the state:
619 (a) The relaying and transplanting of live oysters.
620 (b) Shell planting to construct or rehabilitate oyster
621 bars.
622 (c) Education programs for licensed oyster harvesters on
623 oyster biology, aquaculture, boating and water safety,
624 sanitation, resource conservation, small business management,
625 and other relevant subjects.
626 (d) Research directed toward the enhancement of oyster
627 production in the bay and the water management needs of the bay.
628 Section 18. Section 403.8911, Florida Statutes, is amended
629 to read:
630 403.8911 Annual appropriation from the Water Protection and
631 Sustainability Program Trust Fund.—
632 (1) Funds paid into the Water Protection and Sustainability
633 Program Trust Fund pursuant to s. 201.15 are hereby annually
634 appropriated for expenditure for the purposes for which the
635 Water Protection and Sustainability Program trust fund is
636 established.
637 (2) If the Water Protection and Sustainability Program
638 trust fund is not created, such funds are hereby annually
639 appropriated for expenditure from the Ecosystem Management and
640 Restoration Trust Fund solely for the purposes established in s.
641 403.890.
642 Section 19. Subsections (5) and (6) of section 420.5092,
643 Florida Statutes, are amended to read:
644 420.5092 Florida Affordable Housing Guarantee Program.—
645 (5) Pursuant to s. 16, Art. VII of the State Constitution,
646 the corporation may issue, in accordance with s. 420.509,
647 revenue bonds of the corporation to establish the guarantee
648 fund. The Such revenue bonds are shall be primarily payable from
649 and secured by annual debt service reserves, from interest
650 earned on funds on deposit in the guarantee fund, from fees,
651 charges, and reimbursements established by the corporation for
652 the issuance of affordable housing guarantees, and from any
653 other revenue sources received by the corporation and deposited
654 by the corporation into the guarantee fund for the issuance of
655 affordable housing guarantees. If To the extent such primary
656 revenue sources are considered insufficient by the corporation,
657 pursuant to the certification provided in subsection (6), to
658 fully fund the annual debt service reserve, the certified
659 deficiency in such reserve is also shall be additionally payable
660 from the first proceeds of the documentary stamp tax moneys
661 deposited into the State Housing Trust Fund pursuant to s.
662 201.15(4)(c) and (d) s. 201.15(9)(a) and (10)(a) during the
663 ensuing state fiscal year.
664 (6)(a) If the primary revenue sources to be used for
665 repayment of revenue bonds used to establish the guarantee fund
666 are insufficient for such repayment, the annual principal and
667 interest due on each series of revenue bonds is shall be payable
668 from funds in the annual debt service reserve. The corporation
669 shall, before June 1 of each year, perform a financial audit to
670 determine whether at the end of the state fiscal year there will
671 be on deposit in the guarantee fund an annual debt service
672 reserve from interest earned pursuant to the investment of the
673 guarantee fund, fees, charges, and reimbursements received from
674 issued affordable housing guarantees and other revenue sources
675 available to the corporation. Based upon the findings in such
676 guarantee fund financial audit, the corporation shall certify to
677 the Chief Financial Officer the amount of any projected
678 deficiency in the annual debt service reserve for any series of
679 outstanding bonds as of the end of the state fiscal year and the
680 amount necessary to maintain such annual debt service reserve.
681 Upon receipt of such certification, the Chief Financial Officer
682 shall transfer to the annual debt service reserve, from the
683 first available taxes distributed to the State Housing Trust
684 Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
685 (10)(a) during the ensuing state fiscal year, the amount
686 certified as necessary to maintain the annual debt service
687 reserve.
688 (b) If the claims payment obligations under affordable
689 housing guarantees from amounts on deposit in the guarantee fund
690 would cause the claims paying rating assigned to the guarantee
691 fund to be less than the third-highest rating classification of
692 any nationally recognized rating service, which classifications
693 being consistent with s. 215.84(3) and rules adopted thereto by
694 the State Board of Administration, the corporation shall certify
695 to the Chief Financial Officer the amount of such claims payment
696 obligations. Upon receipt of such certification, the Chief
697 Financial Officer shall transfer to the guarantee fund, from the
698 first available taxes distributed to the State Housing Trust
699 Fund pursuant to s. 201.15(4)(c) and (d) s. 201.15(9)(a) and
700 (10)(a) during the ensuing state fiscal year, the amount
701 certified as necessary to meet such obligations, such transfer
702 to be subordinate to any transfer referenced in paragraph (a)
703 and not to exceed 50 percent of the amounts distributed to the
704 State Housing Trust Fund pursuant to s. 201.15(4)(c) and (d) s.
705 201.15(9)(a) and (10)(a) during the preceding state fiscal year.
706 Section 20. Subsections (1), (2), and (3) of section
707 420.9073, Florida Statutes, are amended to read:
708 420.9073 Local housing distributions.—
709 (1) Distributions calculated in this section shall be
710 disbursed on a quarterly or more frequent basis by the
711 corporation pursuant to s. 420.9072, subject to availability of
712 funds. Each county’s share of the funds to be distributed from
713 the portion of the funds in the Local Government Housing Trust
714 Fund received pursuant to s. 201.15(4)(c) s. 201.15(9) shall be
715 calculated by the corporation for each fiscal year as follows:
716 (a) Each county other than a county that has implemented
717 the provisions of chapter 83-220, Laws of Florida, as amended by
718 chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
719 receive the guaranteed amount for each fiscal year.
720 (b) Each county other than a county that has implemented
721 the provisions of chapter 83-220, Laws of Florida, as amended by
722 chapters 84-270, 86-152, and 89-252, Laws of Florida, may
723 receive an additional share calculated as follows:
724 1. Multiply each county’s percentage of the total state
725 population excluding the population of any county that has
726 implemented the provisions of chapter 83-220, Laws of Florida,
727 as amended by chapters 84-270, 86-152, and 89-252, Laws of
728 Florida, by the total funds to be distributed.
729 2. If the result in subparagraph 1. is less than the
730 guaranteed amount as determined in subsection (3), that county’s
731 additional share shall be zero.
732 3. For each county in which the result in subparagraph 1.
733 is greater than the guaranteed amount as determined in
734 subsection (3), the amount calculated in subparagraph 1. shall
735 be reduced by the guaranteed amount. The result for each such
736 county shall be expressed as a percentage of the amounts so
737 determined for all counties. Each such county shall receive an
738 additional share equal to such percentage multiplied by the
739 total funds received by the Local Government Housing Trust Fund
740 pursuant to s. 201.15(4)(c) s. 201.15(9) reduced by the
741 guaranteed amount paid to all counties.
742 (2) Distributions calculated in this section shall be
743 disbursed on a quarterly or more frequent basis by the
744 corporation pursuant to s. 420.9072, subject to availability of
745 funds. Each county’s share of the funds to be distributed from
746 the portion of the funds in the Local Government Housing Trust
747 Fund received pursuant to s. 201.15(4)(d) s. 201.15(10) shall be
748 calculated by the corporation for each fiscal year as follows:
749 (a) Each county shall receive the guaranteed amount for
750 each fiscal year.
751 (b) Each county may receive an additional share calculated
752 as follows:
753 1. Multiply each county’s percentage of the total state
754 population, by the total funds to be distributed.
755 2. If the result in subparagraph 1. is less than the
756 guaranteed amount as determined in subsection (3), that county’s
757 additional share shall be zero.
758 3. For each county in which the result in subparagraph 1.
759 is greater than the guaranteed amount, the amount calculated in
760 subparagraph 1. shall be reduced by the guaranteed amount. The
761 result for each such county shall be expressed as a percentage
762 of the amounts so determined for all counties. Each such county
763 shall receive an additional share equal to this percentage
764 multiplied by the total funds received by the Local Government
765 Housing Trust Fund pursuant to s. 201.15(4)(d) s. 201.15(10) as
766 reduced by the guaranteed amount paid to all counties.
767 (3) Calculation of guaranteed amounts:
768 (a) The guaranteed amount under subsection (1) shall be
769 calculated for each state fiscal year by multiplying $350,000 by
770 a fraction, the numerator of which is the amount of funds
771 distributed to the Local Government Housing Trust Fund pursuant
772 to s. 201.15(4)(c) s. 201.15(9) and the denominator of which is
773 the total amount of funds distributed to the Local Government
774 Housing Trust Fund pursuant to s. 201.15.
775 (b) The guaranteed amount under subsection (2) shall be
776 calculated for each state fiscal year by multiplying $350,000 by
777 a fraction, the numerator of which is the amount of funds
778 distributed to the Local Government Housing Trust Fund pursuant
779 to s. 201.15(4)(d) s. 201.15(10) and the denominator of which is
780 the total amount of funds distributed to the Local Government
781 Housing Trust Fund pursuant to s. 201.15.
782 Section 21. For the purpose of incorporating the amendment
783 made by this act to section 201.15, Florida Statutes, in a
784 reference thereto, subsection (6) of section 339.2818, Florida
785 Statutes, is reenacted to read:
786 339.2818 Small County Outreach Program.—
787 (6) Funds paid into the State Transportation Trust Fund
788 pursuant to s. 201.15 for the purposes of the Small County
789 Outreach Program are hereby annually appropriated for
790 expenditure to support the Small County Outreach Program.
791 Section 22. For the purpose of incorporating the amendment
792 made by this act to section 201.15, Florida Statutes, in a
793 reference thereto, subsection (5) of section 339.2819, Florida
794 Statutes, is reenacted to read:
795 339.2819 Transportation Regional Incentive Program.—
796 (5) Funds paid into the State Transportation Trust Fund
797 pursuant to s. 201.15 for the purposes of the Transportation
798 Regional Incentive Program are hereby annually appropriated for
799 expenditure to support that program.
800 Section 23. For the purpose of incorporating the amendment
801 made by this act to section 201.15, Florida Statutes, in a
802 reference thereto, subsection (3) of section 339.61, Florida
803 Statutes, is reenacted to read:
804 339.61 Florida Strategic Intermodal System; legislative
805 findings, declaration, and intent.—
806 (3) Funds paid into the State Transportation Trust Fund
807 pursuant to s. 201.15 for the purposes of the Florida Strategic
808 Intermodal System are hereby annually appropriated for
809 expenditure to support that program.
810 Section 24. For the purpose of incorporating the amendment
811 made by this act to section 201.15, Florida Statutes, in a
812 reference thereto, subsection (6) of section 341.051, Florida
813 Statutes, is reenacted to read:
814 341.051 Administration and financing of public transit and
815 intercity bus service programs and projects.—
816 (6) ANNUAL APPROPRIATION.—Funds paid into the State
817 Transportation Trust Fund pursuant to s. 201.15 for the New
818 Starts Transit Program are hereby annually appropriated for
819 expenditure to support the New Starts Transit Program.
820
821 For purposes of this section, the term “net operating costs”
822 means all operating costs of a project less any federal funds,
823 fares, or other sources of income to the project.
824 Section 25. For the purpose of incorporating the amendment
825 made by this act to section 201.15, Florida Statutes, in a
826 reference thereto, paragraph (e) of subsection (4) of section
827 373.470, Florida Statutes, is reenacted to read:
828 373.470 Everglades restoration.—
829 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
830 DEPOSIT.—The following funds may be deposited into the Save Our
831 Everglades Trust Fund created by s. 373.472 to finance
832 implementation of the comprehensive plan, the Lake Okeechobee
833 Watershed Protection Plan, the River Watershed Protection Plans,
834 and the Keys Wastewater Plan:
835 (e) Funds made available pursuant to s. 201.15 for debt
836 service for Everglades restoration bonds.
837 Section 26. For the purpose of incorporating the amendment
838 made by this act to section 201.15, Florida Statutes, in a
839 reference thereto, subsection (1) of section 420.9079, Florida
840 Statutes, is reenacted to read:
841 420.9079 Local Government Housing Trust Fund.—
842 (1) There is created in the State Treasury the Local
843 Government Housing Trust Fund, which shall be administered by
844 the corporation on behalf of the department according to the
845 provisions of ss. 420.907-420.9076 and this section. There shall
846 be deposited into the fund a portion of the documentary stamp
847 tax revenues as provided in s. 201.15, moneys received from any
848 other source for the purposes of ss. 420.907-420.9076 and this
849 section, and all proceeds derived from the investment of such
850 moneys. Moneys in the fund that are not currently needed for the
851 purposes of the programs administered pursuant to ss. 420.907
852 420.9076 and this section shall be deposited to the credit of
853 the fund and may be invested as provided by law. The interest
854 received on any such investment shall be credited to the fund.
855 Section 27. This act shall take effect July 1, 2015.
