SESSION WATCH
THE BILL ITSELF

HB 5501

Documentary Stamp Tax Distributions

VERSION H 5501 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to documentary stamp tax
3 distributions; amending s. 201.15, F.S.; revising
4 distribution of documentary stamp tax proceeds;
5 amending s. 343.58, F.S.; prohibiting the transfer of
6 specified funds to the South Florida Regional
7 Transportation Authority; providing an effective date.
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Paragraph (a) of subsection (4) of section
12 201.15, Florida Statutes, is amended to read:
13 201.15 Distribution of taxes collected.—All taxes
14 collected under this chapter are hereby pledged and shall be
15 first made available to make payments when due on bonds issued
16 pursuant to s. 215.618 or s. 215.619, or any other bonds
17 authorized to be issued on a parity basis with such bonds. Such
18 pledge and availability for the payment of these bonds shall
19 have priority over any requirement for the payment of service
20 charges or costs of collection and enforcement under this
21 section. All taxes collected under this chapter, except taxes
22 distributed to the Land Acquisition Trust Fund pursuant to
23 subsections (1) and (2), are subject to the service charge
24 imposed in s. 215.20(1). Before distribution pursuant to this
25 section, the Department of Revenue shall deduct amounts
26 necessary to pay the costs of the collection and enforcement of
27 the tax levied by this chapter. The costs and service charge may
28 not be levied against any portion of taxes pledged to debt
29 service on bonds to the extent that the costs and service charge
30 are required to pay any amounts relating to the bonds. All of
31 the costs of the collection and enforcement of the tax levied by
32 this chapter and service charge shall be available and
33 transferred to the extent necessary to pay debt service and any
34 other amounts payable with respect to bonds authorized before
35 January 1, 2017, secured by revenues distributed pursuant to
36 this section. All taxes remaining after deduction of costs shall
37 be distributed as follows:
38 (4) After the required distributions to the Land
39 Acquisition Trust Fund pursuant to subsections (1) and (2) and
40 deduction of the service charge imposed pursuant to s.
41 215.20(1), the remainder shall be distributed as follows:
42 (a) The lesser of 20.5453 percent of the remainder or
43 $420.08 $360.08 million in each fiscal year shall be paid into
44 the State Treasury to the credit of the State Transportation
45 Trust Fund. Notwithstanding any other law, the amount credited
46 to the State Transportation Trust Fund shall be used for:
47 1. The Small County Outreach Program specified in s.
48 339.2818, in the amount of 11 13 percent of the funds;
49 2. The Strategic Intermodal System specified in ss.
50 339.61, 339.62, 339.63, and 339.64, in the amount of 67 78
51 percent of the funds; and
52 3. The Transportation Regional Incentive Program specified
53 in s. 339.2819, in the amount of 8 9 percent of the funds; and
54 4. The Florida Rail Enterprise for the purpose established
55 in s. 341.303, in the amount of 14 percent of the funds.
56 Section 2. Subsection (4) of section 343.58, Florida
57 Statutes, is amended to read:
58 343.58 County funding for the South Florida Regional
59 Transportation Authority.—
60 (4) Notwithstanding any other provision of law to the
61 contrary and effective July 1, 2010, until as provided in
62 paragraph (d) (c), the department shall transfer annually from
63 the State Transportation Trust Fund to the South Florida
64 Regional Transportation Authority the amounts specified in
65 subparagraph (a)1. or subparagraph (a)2.
66 (a)1. If the authority becomes responsible for maintaining
67 and dispatching the South Florida Rail Corridor:
68 a. $15 million from the State Transportation Trust Fund to
69 the South Florida Regional Transportation Authority for
70 operations, maintenance, and dispatch; and
71 b. An amount no less than the work program commitments
72 equal to $27.1 million for fiscal year 2010-2011, as of July 1,
73 2009, for operating assistance to the authority and corridor
74 track maintenance and contract maintenance for the South Florida
75 Rail Corridor.
76 2. If the authority does not become responsible for
77 maintaining and dispatching the South Florida Rail Corridor:
78 a. $13.3 million from the State Transportation Trust Fund
79 to the South Florida Regional Transportation Authority for
80 operations; and
81 b. An amount no less than the work program commitments
82 equal to $17.3 million for fiscal year 2010-2011, as of July 1,
83 2009, for operating assistance to the authority.
84 (b) Funding required by this subsection may not be
85 provided from the funds dedicated to the Florida Rail Enterprise
86 pursuant to s. 201.15(4)(a)4.
87 (c)(b)1. Funds provided to the authority by the department
88 under this subsection constitute state financial assistance
89 provided to a nonstate entity to carry out a state project
90 subject to ss. 215.97 and 215.971. The department shall provide
91 the funds in accordance with the terms of a written agreement to
92 be entered into between the authority and the department, which
93 shall provide for department review, approval, and audit of
94 authority expenditure of such funds and shall include such other
95 provisions as are required by applicable law. The department is
96 specifically authorized to agree to advance the authority 25
97 percent of the total funds provided under this subsection for a
98 state fiscal year at the beginning of each state fiscal year,
99 with monthly payments over the fiscal year on a reimbursement
100 basis as supported by invoices and such additional documentation
101 and information as the department may reasonably require and a
102 reconciliation of the advance against remaining invoices in the
103 last quarter of the fiscal year.
104 2. To enable the department to evaluate the authority's
105 proposed uses of state funds, the authority shall annually
106 provide the department with its proposed budget for the
107 following authority fiscal year and shall promptly provide the
108 department with any additional documentation or information
109 required by the department for its evaluation of the proposed
110 uses of the state funds.
111 (d)(c) Funding required by this subsection shall cease
112 upon commencement of an alternate dedicated local funding source
113 sufficient for the authority to meet its responsibilities for
114 operating, maintaining, and dispatching the South Florida Rail
115 Corridor. The authority and the department shall cooperate in
116 the effort to identify and implement such an alternate dedicated
117 local funding source before July 1, 2019. Upon commencement of
118 the alternate dedicated local funding source, the department
119 shall convey to the authority a perpetual commuter rail easement
120 in the South Florida Rail Corridor and all of the department's
121 right, title, and interest in rolling stock, equipment, tracks,
122 and other personal property owned and used by the department for
123 the operation and maintenance of the commuter rail operations in
124 the South Florida Rail Corridor.
125 Section 3. This act shall take effect July 1, 2026.