Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (601444) for SB 10
       
       
       
       
       
       
                                Ì920390ÆÎ920390                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2017           .                                
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       The Committee on Appropriations (Bradley and Latvala)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  201.15, Florida Statutes, is amended to read:
    7         201.15 Distribution of taxes collected.—All taxes collected
    8  under this chapter are hereby pledged and shall be first made
    9  available to make payments when due on bonds issued pursuant to
   10  s. 215.618 or s. 215.619, or any other bonds authorized to be
   11  issued on a parity basis with such bonds. Such pledge and
   12  availability for the payment of these bonds shall have priority
   13  over any requirement for the payment of service charges or costs
   14  of collection and enforcement under this section. All taxes
   15  collected under this chapter, except taxes distributed to the
   16  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   17  are subject to the service charge imposed in s. 215.20(1).
   18  Before distribution pursuant to this section, the Department of
   19  Revenue shall deduct amounts necessary to pay the costs of the
   20  collection and enforcement of the tax levied by this chapter.
   21  The costs and service charge may not be levied against any
   22  portion of taxes pledged to debt service on bonds to the extent
   23  that the costs and service charge are required to pay any
   24  amounts relating to the bonds. All of the costs of the
   25  collection and enforcement of the tax levied by this chapter and
   26  the service charge shall be available and transferred to the
   27  extent necessary to pay debt service and any other amounts
   28  payable with respect to bonds authorized before January 1, 2017,
   29  secured by revenues distributed pursuant to this section. All
   30  taxes remaining after deduction of costs shall be distributed as
   31  follows:
   32         (3) Amounts on deposit in the Land Acquisition Trust Fund
   33  shall be used in the following order:
   34         (a) Payment of debt service or funding of debt service
   35  reserve funds, rebate obligations, or other amounts payable with
   36  respect to Florida Forever bonds issued pursuant to s. 215.618.
   37  The amount used for such purposes may not exceed $300 million in
   38  each fiscal year. It is the intent of the Legislature that all
   39  bonds issued to fund the Florida Forever Act be retired by
   40  December 31, 2040. Except for bonds issued to refund previously
   41  issued bonds, no series of bonds may be issued pursuant to this
   42  paragraph unless such bonds are approved and the debt service
   43  for the remainder of the fiscal year in which the bonds are
   44  issued is specifically appropriated in the General
   45  Appropriations Act or other law with respect to bonds issued for
   46  the purposes of s. 373.4598.
   47  
   48  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
   49  and ratably secured by moneys distributable to the Land
   50  Acquisition Trust Fund.
   51         Section 2. Subsection (5) of section 215.618, Florida
   52  Statutes, is amended to read:
   53         215.618 Bonds for acquisition and improvement of land,
   54  water areas, and related property interests and resources.—
   55         (5) The proceeds from the sale of bonds issued pursuant to
   56  this section, less the costs of issuance, the costs of funding
   57  reserve accounts, and other costs with respect to the bonds,
   58  shall be deposited into the Florida Forever Trust Fund. The bond
   59  proceeds deposited into the Florida Forever Trust Fund shall be
   60  distributed by the Department of Environmental Protection as
   61  provided in s. 259.105. This subsection does not apply to
   62  proceeds from the sale of bonds issued for the purposes of s.
   63  373.4598.
   64         Section 3. Section 373.4598, Florida Statutes, is created
   65  to read:
   66         373.4598Water storage reservoirs.—
   67         (1) LEGISLATIVE FINDINGS AND INTENT.—
   68         (a) The Legislature declares that an emergency exists
   69  regarding the St. Lucie and Caloosahatchee estuaries due to the
   70  high-volume freshwater discharges to the east and west of the
   71  lake. Such discharges have manifested in widespread algae
   72  blooms, public health impacts, and extensive environmental harm
   73  to wildlife and the aquatic ecosystem. These conditions, as
   74  outlined in the state of emergency declared by the Governor
   75  under Executive Orders 16-59, 16-155, and 16-156, threaten the
   76  ecological integrity of the estuaries and the economic viability
   77  of the state and affected communities.
   78         (b) The Legislature finds that increasing water storage is
   79  necessary to reduce the high-volume freshwater discharges from
   80  the lake to the estuaries and restore the hydrological
   81  connection to the Everglades. CERP projects necessary to reduce
   82  the discharges and improve the flows to the Everglades should
   83  receive priority funding, such as the Lake Okeechobee Watershed
   84  project to the north of the lake; the Everglades Agricultural
   85  Area reservoir project to the south of the lake; the C-43 West
   86  Basin Reservoir Storage project to the west of the lake; and the
   87  Indian River Lagoon-South project to the east of the lake.
   88         (c)The Legislature finds that the rate of funding for CERP
   89  must be increased if restoration will be achieved within the
   90  timeframe originally envisioned and that the delay in
   91  substantial progress toward completing critical elements of
   92  restoration, such as southern storage, will cause irreparable
   93  harm to natural systems and, ultimately, increase the cost of
   94  restoration. A substantial commitment to the advancement of
   95  projects identified as part of CERP will reduce ongoing
   96  ecological damage to the St. Lucie and Caloosahatchee estuaries.
   97         (d) The Legislature recognizes that the EAA reservoir
   98  project was conditionally authorized in the Water Resources
   99  Development Act of 2000 as a project component of CERP. Unless
  100  other funding is available, the Legislature directs the
  101  district, in the implementation of the reservoir project, to
  102  abide by applicable state and federal law in order to do that
  103  which is required to obtain federal credit under CERP. If the
  104  district implements the EAA reservoir project as a project
  105  component as defined in s. 373.1501, the district must abide by
  106  all applicable state and federal law relating to such projects.
  107         (e) This section is not intended to diminish the
  108  commitments made by the state in chapter 2016-201, Laws of
  109  Florida.
  110         (2) DEFINITIONS.—As used in this section, the term:
  111         (a) “A-1 parcel” means an area of district-owned land
  112  located between the Miami Canal and North New River Canal
  113  consisting of approximately 17,000 acres which is bordered to
  114  the north by private agricultural lands, to the east by U.S.
  115  Highway 27, to the south by Stormwater Treatment Area 3/4, and
  116  to the west by the Holey Land Wildlife Management Area and the
  117  A-2 parcel.
  118         (b) “A-2 parcel” means an area of district-owned land
  119  located between the Miami Canal and the North New River Canal
  120  consisting of approximately 14,000 acres of land to the east of
  121  the Miami Canal which is bordered to the north by private
  122  agricultural lands, to the east by the A-1 parcel, and to the
  123  south by the Holey Land Wildlife Management Area.
  124         (c) “Board” means the Board of Trustees of the Internal
  125  Improvement Trust Fund.
  126         (d) “Central Everglades Planning Project” or “CEPP” means
  127  the suite of CERP projects authorized as the “Central
  128  Everglades” project in the Water Infrastructure Improvements for
  129  the Nation Act, Public Law No: 114-322.
  130         (e) “Comprehensive Everglades Restoration Plan” or “CERP”
  131  has the same meaning as the term “comprehensive plan” as defined
  132  in s. 373.470.
  133         (f) “Corps” means the United States Army Corps of
  134  Engineers.
  135         (g) “District” means the South Florida Water Management
  136  District.
  137         (h) “Everglades Agricultural Area” or “EAA” has the same
  138  meaning as in s. 373.4592.
  139         (i) “EAA reservoir project” means the Everglades
  140  Agricultural Area storage reservoir, known as Component G of
  141  CERP. The term includes any necessary water quality features
  142  that are required to meet state and federal water quality
  143  standards.
  144         (j) “Lake” means Lake Okeechobee.
  145         (k) “Option agreement” means the Second Amended and
  146  Restated Agreement for Sale and Purchase between the seller,
  147  United States Sugar Corporation, SBG Farms, Inc., and Southern
  148  Garden Groves Corporation, and the buyer, the South Florida
  149  Water Management District, dated August 12, 2010.
  150         (3) EAA LEASE AGREEMENTS.—
  151         (a) The district and the board are authorized to negotiate
  152  the amendment or termination of leases on lands within the EAA
  153  for exchange or use for the EAA reservoir project. Any such
  154  lease must be terminated in accordance with the lease terms or
  155  upon the voluntary agreement of the lessor and lessee. In the
  156  event of any such lease termination, the lessee must be
  157  permitted to continue to farm on a field-by-field basis until
  158  such time as the lessee’s operations are incompatible with
  159  implementation of the EAA reservoir project, as reasonably
  160  determined by the lessor. The district and the board may include
  161  the swapping of land, assignment of leases, and other methods of
  162  providing valuable consideration in negotiating the amendments
  163  to or termination of such lease agreements.
  164         (b) Any lease agreement relating to land in the EAA leased
  165  to the Prison Rehabilitative Industries and Diversified
  166  Enterprises, Inc., (PRIDE Enterprises) for an agricultural work
  167  program is required to be terminated in accordance with the
  168  terms of the lease agreement. Any such land previously leased
  169  may be made available by the board to the district for exchange
  170  for lands suitable for the EAA reservoir project or may be
  171  leased for agricultural purposes. The terms of any such lease
  172  must include provisions authorizing the lessor to terminate the
  173  lease at any time during the lease term as to any portion, or
  174  all of the premises, to be used for an environmental restoration
  175  purpose. The terms of the lease may not require more than 1
  176  year’s notice in order for such termination to be effective. Any
  177  agricultural owner managing lands subject to an agreement with
  178  PRIDE shall be given the right of first refusal in leasing any
  179  such lands.
  180         (c) If, after any termination of an EAA lease agreement,
  181  ratoon, stubble, or residual crop remaining on the lease
  182  premises is harvested or otherwise used by the lessor or any
  183  third party, the lessee is entitled to be compensated for any
  184  documented, unamortized planting costs, and any unamortized
  185  capital costs associated with the lease and incurred prior to
  186  notice.
  187         (4) LAND ACQUISITION.—The Legislature declares that
  188  acquiring land to increase water storage south of the lake is in
  189  the public interest and that the governing board of the district
  190  may acquire land, if necessary, to implement the EAA reservoir
  191  project with the goal of providing at least 240,000 acre-feet of
  192  water storage south of the lake. However, the district may not
  193  exercise eminent domain in the EAA for the purpose of
  194  implementing the EAA reservoir project.
  195         (a) Upon the effective date of this act, the district shall
  196  identify the lessees of the approximately 3,200 acres of land
  197  owned by the state or the district west of the A-2 parcel and
  198  east of the Miami Canal and the private property owners of the
  199  approximately 500 acres of land surrounded by such lands.
  200         (b) By July 31, 2017, the district shall contact the
  201  lessors and landowners of the land identified pursuant paragraph
  202  (a) to express the district’s interest in acquiring land through
  203  the purchase or exchange of lands or by the amendment or
  204  termination of lease agreements. If land swaps or purchases are
  205  necessary to assemble the required acreage, the participation of
  206  private landowners must be voluntary. The district shall contact
  207  the board to request that any lease of land identified pursuant
  208  to paragraph (a), the title to which is vested in the board, be
  209  amended or terminated. All appraisal reports, offers, and
  210  counteroffers in relation to this subsection are confidential
  211  and exempt from s. 119.07(1), as provided in s. 373.139.
  212         (c)The board shall provide to the district, through direct
  213  acquisition in fee or by a supplemental agreement, any land, the
  214  title to which is vested in the board, that the district
  215  identifies as necessary to construct the EAA reservoir project.
  216         (d) The total acreage necessary for additional water
  217  treatment may not exceed the amount reasonably required to meet
  218  state and federal water quality standards as determined using
  219  the water quality modeling tools of the district. The district
  220  shall use the latest version of the Dynamic Model for Stormwater
  221  Treatment Areas Model modeling tool and other modeling tools
  222  that will be required in the planning and design of the EAA
  223  reservoir project. If additional land not identified in
  224  paragraph (a) is necessary for the EAA reservoir project, the
  225  district shall acquire that land from willing sellers of
  226  property in conjunction with the development of the
  227  postauthorization change report.
  228         (5) POST-AUTHORIZATION CHANGE REPORT.—
  229         (a)The district is directed to request, by July 1, 2017,
  230  that the corps jointly develop a post-authorization change
  231  report with the district for CEPP to revise the project
  232  component located on the A-2 parcel with the goal of increasing
  233  water storage provided by the project component to a minimum of
  234  240,000 acre-feet. Upon agreement with the corps, development of
  235  the report must begin by August 1, 2017, and does not preclude
  236  the implementation of the remaining CEPP project components.
  237         (b) Using the A-2 parcel and the additional land identified
  238  pursuant to paragraph (4)(a) and without modifying the A-1
  239  parcel, the report must evaluate:
  240         1. The optimal configuration of the EAA reservoir project
  241  for providing at least 240,000 acre-feet of water storage; and
  242         2. Any necessary increases in canal conveyance capacity to
  243  reduce the discharges to the St. Lucie or Caloosahatchee
  244  estuaries.
  245         (c) If the district and the corps determine that an
  246  alternate configuration of water storage and water quality
  247  features providing for significantly more water storage, but no
  248  less than 360,000 acre-feet of water storage, south of the lake
  249  can be implemented on a footprint that includes modification to
  250  the A-1 parcel, the district is authorized to recommend such an
  251  alternative configuration in its report. Any such recommendation
  252  must include sufficient water quality treatment capacity to meet
  253  state and federal water quality standards.
  254         (d) Pending congressional approval of the report, the
  255  district shall begin the preliminary planning or construction
  256  of, or modification to, the project site to the extent
  257  appropriate, subject to the availability of funding. Upon
  258  receipt of congressional approval of the report, construction of
  259  the EAA reservoir project shall be completed parallel with
  260  construction of the other CEPP project components, subject to
  261  the availability of funding.
  262         (e) The district must report the status of the post
  263  authorization change report to the Legislature by January 9,
  264  2018. The report must include information on the district’s
  265  ability to obtain lease modifications and land acquisitions as
  266  provided in subsection (4). If the district in good faith
  267  believes that the post-authorization change report will receive
  268  ultimate approval but that an extension of the deadline provided
  269  in paragraph (7)(a) is needed, the district must include such a
  270  request in its report and may be granted an extension by the
  271  Legislature. Any such extension must include a corresponding
  272  date by which the district, in coordination with the corps, must
  273  begin the planning study for the EAA reservoir project and
  274  proceed with the A-2 parcel project component of CEPP in
  275  accordance with paragraph (7)(a).
  276         (6) OPTION AGREEMENT.—The district must terminate the
  277  option agreement at the request of the seller if:
  278         (a) The post-authorization change report receives
  279  congressional approval; or
  280         (b) The district certifies to the board, the President of
  281  the Senate, and the Speaker of the House of Representatives that
  282  the acquisition of the land necessary for the EAA reservoir
  283  project, as provided in subsection (4), has been completed.
  284         (7) PLANNING STUDY.—
  285         (a) If, for any reason, the post-authorization change
  286  report does not receive congressional approval by October 1,
  287  2018, and the district has not been granted an extension by the
  288  Legislature, the district must, in coordination with the corps,
  289  begin the planning study for the EAA reservoir project by
  290  October 31, 2018, and proceed with the A-2 parcel project
  291  component of CEPP in accordance with the final project
  292  implementation report dated July 2014.
  293         (b) The district, when developing the planning study, must
  294  focus on the goal of the EAA reservoir project, which is to
  295  provide additional water storage and conveyance south of the
  296  lake to reduce the volume of regulatory discharges of water from
  297  the lake to the east and west.
  298         (c) Upon completion of the planning study and the
  299  finalization of the project implementation report, as defined in
  300  s. 373.470, the district, in coordination with the corps, shall
  301  seek congressional authorization for the EAA reservoir project.
  302         (8) AGRICULTURAL WORKERS.—The district shall give
  303  preferential consideration to the hiring of former agricultural
  304  workers primarily employed during 36 of the past 60 months in
  305  the Everglades Agricultural Area, consistent with their
  306  qualifications and abilities, for the construction and operation
  307  of the EAA reservoir project. Any contract or subcontract for
  308  the construction and operation of the EAA reservoir project in
  309  which 50 percent or more of the cost is paid from state
  310  appropriated funds must provide preference and priority in the
  311  hiring of such agricultural workers. The district shall give
  312  preferential consideration to contract proposals that include in
  313  the contractor’s hiring practices training programs for such
  314  workers.
  315         (9) C-51 RESERVOIR PROJECT.—
  316         (a) The C-51 reservoir project is a water storage facility
  317  as defined in s. 373.475. The C-51 reservoir project is located
  318  in western Palm Beach County south of the lake and consists of
  319  in-ground reservoirs and conveyance structures that will provide
  320  water supply and water management benefits to participating
  321  water supply utilities and will also provide environmental
  322  benefits by reducing freshwater discharges to tide and making
  323  water available for natural systems.
  324         (b) Phase I of the project will provide approximately
  325  14,000 acre-feet of storage and will hydraulically connect to
  326  the district’s L-8 Flow Equalization Basin. Phase II of the
  327  project will provide approximately 46,000 acre-feet of water
  328  storage, for a total increase of 60,000 acre-feet of water
  329  storage.
  330         (c) For Phase II of the C-51 reservoir project the district
  331  may negotiate with the owners of the C-51 reservoir project site
  332  for the acquisition of the project or to enter into a
  333  publicprivate partnership. The district may acquire land near
  334  the C-51 reservoir through the purchase or exchange of land that
  335  is owned by the district or the state as necessary to implement
  336  Phase II of the project. The state and the district may consider
  337  potential swaps of land that is owned by the state or the
  338  district to achieve an optimal combination of water quality and
  339  water storage. The district may not exercise eminent domain for
  340  the purpose of implementing the C-51 reservoir project.
  341         (d) If state funds are appropriated for Phase I or Phase II
  342  of the C-51 reservoir project:
  343         1. The district shall operate the reservoir to maximize the
  344  reduction of high-volume Lake Okeechobee regulatory releases to
  345  the St. Lucie or Caloosahatchee estuaries in addition to
  346  providing relief to the Lake Worth Lagoon;
  347         2. Water made available by the reservoir shall be used for
  348  natural systems in addition to any allocated amounts for water
  349  supply; and
  350         3. Any water received from Lake Okeechobee may not be
  351  available to support consumptive use permits.
  352         (e) Phase I of the C-51 reservoir project may be funded
  353  through the water storage facility revolving loan fund as
  354  provided in s. 373.475. Phase II of the C-51 reservoir project
  355  may be funded pursuant to this section, pursuant to s. 373.475,
  356  as a project component of CERP, or pursuant to s.
  357  375.041(3)(b)4.
  358         (10) FUNDING.—
  359         (a) The Legislature determines that the authorization and
  360  issuance of Florida Forever bonds for the purposes of this
  361  section is in the best interest of the state and determines that
  362  water storage reservoir projects should be implemented.
  363         (b) Any cost related to this section, including, but not
  364  limited to, the costs for land acquisition, planning,
  365  construction, and operation and maintenance, may be funded using
  366  proceeds from Florida Forever bonds issued under s. 215.618, in
  367  an amount of up to 1.2 billion, as authorized under that
  368  section. The bond proceeds from bonds issued for the purposes of
  369  this section shall be deposited into the Everglades Trust Fund.
  370         (c) Notwithstanding s. 373.026(8)(b) or any other provision
  371  of law, the use of state funds is authorized for the EAA
  372  reservoir project.
  373         (d) The district shall actively seek additional sources of
  374  funding, including federal funding, for the reservoir project.
  375         (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district
  376  shall request that the corps pursue the reevaluation of the Lake
  377  Okeechobee Regulation Schedule as expeditiously as possible,
  378  taking into consideration the repairs made to the Herbert Hoover
  379  Dike and implementation of projects designed to reduce
  380  highvolume freshwater discharges from the lake, in order to
  381  optimally utilize the added water storage capacity to reduce the
  382  high-volume freshwater discharges to the St. Lucie and
  383  Caloosahatchee estuaries.
  384         Section 4. Section 373.475, Florida Statutes, is created to
  385  read:
  386         373.475 Water storage facility revolving loan fund.—
  387         (1)(a) In recognition that waters of the state are among
  388  the state’s most basic resources, the Legislature declares that
  389  such waters should be managed to conserve and protect water
  390  resources and to realize the full beneficial use of such
  391  resources.
  392         (b) As natural storage within the system has been lost due
  393  to development, the Legislature finds that additional natural or
  394  man-made water storage is required to capture and prevent water
  395  from being discharged to tide or otherwise lost.
  396         (c) The Legislature finds that establishing infrastructure
  397  financing and providing technical assistance to local
  398  governments or water supply entities for water storage
  399  facilities is necessary to conserve and protect the waters of
  400  the state.
  401         (2) For purposes of this section, the term:
  402         (a) “Local governmental agency” means any municipality,
  403  county, district, or authority, or any agency thereof, or a
  404  combination of such acting jointly in connection with a project,
  405  which has jurisdiction over a water storage facility.
  406         (b) “Water storage facilityor “facility” means all
  407  facilities, including land, necessary for an above-ground or in
  408  ground reservoir. Such facilities may be publicly owned,
  409  privately owned, investor-owned, or cooperatively held.
  410         (3) The state, through the department, shall provide
  411  funding assistance to local governments or water supply entities
  412  for the development and construction of water storage facilities
  413  to increase the availability of sufficient water for all
  414  existing and future reasonable-beneficial uses and natural
  415  systems.
  416         (a) The department may make loans, provide loan guarantees,
  417  purchase loan insurance, and refinance local debt through the
  418  issue of new loans for water storage facilities approved by the
  419  department. Local governments or water supply entities may
  420  borrow funds made available pursuant to this section and may
  421  pledge any revenues or other adequate security available to them
  422  to repay any funds borrowed.
  423         (b) The department may award loan amounts for up to 75
  424  percent of the costs of planning, designing, constructing,
  425  upgrading, or replacing water resource infrastructure or
  426  facilities, whether natural or man-made, including the
  427  acquisition of real property for water storage facilities.
  428         (4) Subject to appropriation, the department shall adopt
  429  rules to carry out the purposes of this section. Such rules
  430  must:
  431         (a) Establish a priority system for loans based on
  432  compliance with state requirements. The priority system must
  433  give special consideration to:
  434         1. Projects that provide for the development of alternative
  435  water supply projects and management techniques in areas where
  436  existing source waters are limited or threatened by saltwater
  437  intrusion, excessive drawdowns, contamination, or other
  438  problems;
  439         2. Projects that contribute to the sustainability of
  440  regional water sources;
  441         3. Projects that produce additional water available for
  442  consumptive uses or natural systems;
  443         4. Projects that diversify water supply so that the needs
  444  of consumptive uses and the natural system are met during wet
  445  and dry conditions; or
  446         5. Projects that provide flexibility in addressing the
  447  unpredictability of water conditions from water year to water
  448  year.
  449         (b) Establish the requirements for the award and repayment
  450  of financial assistance.
  451         (c) Require evidence of credit worthiness and adequate
  452  security, including an identification of revenues to be pledged
  453  and documentation of their sufficiency for loan repayment and
  454  pledged revenue coverage to ensure that each loan recipient can
  455  meet its loan repayment requirements.
  456         (d) Require each project receiving financial assistance to
  457  be cost-effective, environmentally sound, and implementable.
  458         (e) Require each project to be self-supporting if the
  459  project is primarily for the purpose of water supply for
  460  consumptive use.
  461         (5) Before approval of a loan, the local government or
  462  water supply entity must, at a minimum, submit all of the
  463  following to the department:
  464         (a) A repayment schedule.
  465         (b) Evidence of the permittability or implementability of
  466  the facility proposed for financial assistance.
  467         (c) Plans and specifications, biddable contract documents,
  468  or other documentation of appropriate procurement of goods and
  469  services.
  470         (d) Provide assurance that records will be kept using
  471  generally accepted accounting principles and that the department
  472  or its agents and the Auditor General will have access to all
  473  records pertaining to the loan.
  474         (e) If the facility is required to be self-supporting
  475  according to paragraph (4)(e), document that it will be self
  476  supporting.
  477         (f) Document that the water management district within
  478  whose boundaries the facility will be located has approved the
  479  facility. If the facility crosses jurisdictional boundaries,
  480  approval from each applicable district must be documented and
  481  provided to the department.
  482         (6) Recipients of financial assistance under this section
  483  may receive disbursements based on invoiced costs and are not
  484  required to request advance payment pursuant to s. 216.181(16).
  485  Proof of payment of invoiced costs must be submitted before or
  486  concurrent with the recipient’s next disbursement request.
  487         (7) The department and water management districts are
  488  authorized to provide technical assistance to local governments
  489  or water supply entities for water storage facilities funded
  490  pursuant to this section.
  491         (8) The minimum amount of a loan is $75,000. The term of
  492  loans made pursuant to this section may not exceed 30 years.
  493         (9) As part of the report required under s. 403.8532, the
  494  department shall prepare a report at the end of each fiscal year
  495  which details the financial assistance provided under this
  496  section, service fees collected, interest earned, and loans
  497  outstanding.
  498         (10) The department may conduct an audit of the loan
  499  project upon completion, or may require that a separate project
  500  audit, prepared by an independent certified public accountant,
  501  be submitted.
  502         (11) The department may require reasonable service fees on
  503  loans made to local governments or water supply entities to
  504  ensure that the program will be operated in perpetuity and to
  505  implement the purposes authorized under this section. Service
  506  fees may not be less than 2 percent or greater than 4 percent of
  507  the loan amount exclusive of the service fee. Service fee
  508  revenues shall be deposited into the department’s Grants and
  509  Donations Trust Fund. The fee revenues, and interest earnings
  510  thereon, shall be used exclusively for the purposes of this
  511  section.
  512         (12) The Water Protection and Sustainability Program Trust
  513  Fund established under s. 403.891 shall be used for the purposes
  514  of this section. Any funds that are not needed for immediate
  515  financial assistance shall be invested pursuant to s. 215.49.
  516  State funds and investment earnings shall be deposited into the
  517  fund. The principal and interest of all loans repaid, and
  518  investment earnings thereon, shall be deposited into the fund.
  519         (13)(a) If a local governmental agency defaults under the
  520  terms of its loan agreement, the department shall so certify to
  521  the Chief Financial Officer, who shall forward the amount
  522  delinquent to the department from any unobligated funds due to
  523  the local governmental agency under any revenue-sharing or tax
  524  sharing fund established by the state, except as otherwise
  525  provided by the State Constitution. Certification of delinquency
  526  does not preclude the department from pursuing other remedies
  527  available for default on a loan, including accelerating loan
  528  repayments, eliminating all or part of the interest rate subsidy
  529  on the loan, and court appointment of a receiver to manage the
  530  public water system.
  531         (b) If a water storage facility owned by a person other
  532  than a local governmental agency defaults under the terms of its
  533  loan agreement, the department may take all actions available
  534  under law to remedy the default.
  535         (c) The department may impose a penalty for delinquent loan
  536  payments in the amount of 6 percent of the amount due, in
  537  addition to charging the cost to handle and process the debt.
  538  Penalty interest accrues on any amount due and payable beginning
  539  on the 30th day following the date that the payment was due.
  540         (14) The department may terminate or rescind a financial
  541  assistance agreement if the recipient fails to comply with the
  542  terms and conditions of the agreement.
  543         Section 5. Subsection (3) of section 375.041, Florida
  544  Statutes, is amended to read:
  545         375.041 Land Acquisition Trust Fund.—
  546         (3) Funds distributed into the Land Acquisition Trust Fund
  547  pursuant to s. 201.15 shall be applied:
  548         (a) First, to pay debt service or to fund debt service
  549  reserve funds, rebate obligations, or other amounts payable with
  550  respect to Florida Forever bonds issued under s. 215.618; and
  551  pay debt service, provide reserves, and pay rebate obligations
  552  and other amounts due with respect to Everglades restoration
  553  bonds issued under s. 215.619; and
  554         (b) Of the funds remaining after the payments required
  555  under paragraph (a), but before funds may be appropriated,
  556  pledged, or dedicated for other uses:
  557         1. A minimum of the lesser of 25 percent or $200 million
  558  shall be appropriated annually for Everglades projects that
  559  implement the Comprehensive Everglades Restoration Plan as set
  560  forth in s. 373.470, including the Central Everglades Planning
  561  Project subject to Congressional authorization; the Long-Term
  562  Plan as defined in s. 373.4592(2); and the Northern Everglades
  563  and Estuaries Protection Program as set forth in s. 373.4595.
  564  From these funds, $32 million shall be distributed each fiscal
  565  year through the 2023-2024 fiscal year to the South Florida
  566  Water Management District for the Long-Term Plan as defined in
  567  s. 373.4592(2). After deducting the $32 million distributed
  568  under this subparagraph, from the funds remaining, a minimum of
  569  the lesser of 76.5 percent or $100 million shall be appropriated
  570  each fiscal year through the 2025-2026 fiscal year for the
  571  planning, design, engineering, and construction of the
  572  Comprehensive Everglades Restoration Plan as set forth in s.
  573  373.470, including the Central Everglades Planning Project, the
  574  Everglades Agricultural Area Storage Reservoir Project, the Lake
  575  Okeechobee Watershed Project, the C-43 West Basin Storage
  576  Reservoir Project, the Indian River Lagoon-South Project, the
  577  Western Everglades Restoration Project, the C-111 South-Dade
  578  Project, and the Picayune Strand Restoration Project subject to
  579  Congressional authorization. The Department of Environmental
  580  Protection and the South Florida Water Management District shall
  581  give preference to those Everglades restoration projects that
  582  reduce harmful discharges of water from Lake Okeechobee to the
  583  St. Lucie or Caloosahatchee estuaries in a timely manner. For
  584  the purpose of performing the calculation provided in this
  585  subparagraph, the amount of debt service paid pursuant to
  586  paragraph (a) for bonds issued after July 1, 2016, for the
  587  purposes set forth under paragraph (b) shall be added to the
  588  amount remaining after the payments required under paragraph
  589  (a). The amount of the distribution calculated shall then be
  590  reduced by an amount equal to the debt service paid pursuant to
  591  paragraph (a) on bonds issued after July 1, 2016, for the
  592  purposes set forth under this subparagraph.
  593         2. A minimum of the lesser of 7.6 percent or $50 million
  594  shall be appropriated annually for spring restoration,
  595  protection, and management projects. For the purpose of
  596  performing the calculation provided in this subparagraph, the
  597  amount of debt service paid pursuant to paragraph (a) for bonds
  598  issued after July 1, 2016, for the purposes set forth under
  599  paragraph (b) shall be added to the amount remaining after the
  600  payments required under paragraph (a). The amount of the
  601  distribution calculated shall then be reduced by an amount equal
  602  to the debt service paid pursuant to paragraph (a) on bonds
  603  issued after July 1, 2016, for the purposes set forth under this
  604  subparagraph.
  605         3. The sum of $5 million shall be appropriated annually
  606  each fiscal year through the 2025-2026 fiscal year to the St.
  607  Johns River Water Management District for projects dedicated to
  608  the restoration of Lake Apopka. This distribution shall be
  609  reduced by an amount equal to the debt service paid pursuant to
  610  paragraph (a) on bonds issued after July 1, 2016, for the
  611  purposes set forth in this subparagraph.
  612         4. The sum of $100 million is appropriated and shall be
  613  transferred to the Everglades Trust Fund for the 2018-2019
  614  fiscal year, and each fiscal year thereafter, for reservoir
  615  projects that implement s. 373.4598. Any funds remaining in any
  616  fiscal year shall be made available only for projects identified
  617  in subparagraph 1. and must be used in accordance with laws
  618  relating to such projects. Any funds made available for such
  619  purposes in a fiscal year is in addition to the amount
  620  appropriated under that subparagraph. This distribution shall be
  621  reduced by an amount equal to the debt service paid pursuant to
  622  paragraph (a) on bonds issued after July 1, 2017, for the
  623  purposes set forth in this subparagraph.
  624         Section 6. Section 403.890, Florida Statutes, is amended to
  625  read:
  626         403.890 Water Protection and Sustainability Program.—
  627         (1) Revenues deposited into or appropriated to the Water
  628  Protection and Sustainability Program Trust Fund shall be
  629  distributed by the Department of Environmental Protection for
  630  the following purposes in the following manner:
  631         (a)(1) Sixty-five percent to the Department of
  632  Environmental Protection for The implementation of an
  633  alternative water supply program as provided in s. 373.707.
  634         (b) The water storage facility revolving loan fund as
  635  provided in s. 373.475.
  636         (2) Revenues deposited into or appropriated to the Water
  637  Protection and Sustainability Program Trust Fund for purposes of
  638  the water storage facility revolving loan fund may only be used
  639  for such purposes.
  640         (2) Twenty-two and five-tenths percent for the
  641  implementation of best management practices and capital project
  642  expenditures necessary for the implementation of the goals of
  643  the total maximum daily load program established in s. 403.067.
  644  Of these funds, 83.33 percent shall be transferred to the credit
  645  of the Department of Environmental Protection Water Quality
  646  Assurance Trust Fund to address water quality impacts associated
  647  with nonagricultural nonpoint sources. Sixteen and sixty-seven
  648  hundredths percent of these funds shall be transferred to the
  649  Department of Agriculture and Consumer Services General
  650  Inspection Trust Fund to address water quality impacts
  651  associated with agricultural nonpoint sources. These funds shall
  652  be used for research, development, demonstration, and
  653  implementation of the total maximum daily load program under s.
  654  403.067, suitable best management practices or other measures
  655  used to achieve water quality standards in surface waters and
  656  water segments identified pursuant to s. 303(d) of the Clean
  657  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
  658  Implementation of best management practices and other measures
  659  may include cost-share grants, technical assistance,
  660  implementation tracking, and conservation leases or other
  661  agreements for water quality improvement. The Department of
  662  Environmental Protection and the Department of Agriculture and
  663  Consumer Services may adopt rules governing the distribution of
  664  funds for implementation of capital projects, best management
  665  practices, and other measures. These funds shall not be used to
  666  abrogate the financial responsibility of those point and
  667  nonpoint sources that have contributed to the degradation of
  668  water or land areas. Increased priority shall be given by the
  669  department and the water management district governing boards to
  670  those projects that have secured a cost-sharing agreement
  671  allocating responsibility for the cleanup of point and nonpoint
  672  sources.
  673         (3) Twelve and five-tenths percent to the Department of
  674  Environmental Protection for the Disadvantaged Small Community
  675  Wastewater Grant Program as provided in s. 403.1838.
  676         (3)(4) On June 30, 2009, and every 24 months thereafter,
  677  the Department of Environmental Protection shall request the
  678  return of all unencumbered funds distributed for the purposes of
  679  the alternative water supply program pursuant to this section.
  680  These funds shall be deposited into the Water Protection and
  681  Sustainability Program Trust Fund and redistributed for such
  682  purposes pursuant to the provisions of this section.
  683         Section 7. Section 446.71, Florida Statutes, is created to
  684  read:
  685         446.71Everglades Restoration Agricultural Community
  686  Employment Training Program.—
  687         (1)The Department of Economic Opportunity, in cooperation
  688  with CareerSource Florida, Inc., shall establish the Everglades
  689  Restoration Agricultural Community Employment Training Program
  690  within the Department of Economic Opportunity. The Department of
  691  Economic Opportunity shall use funds appropriated to the program
  692  by the Legislature to provide grants to stimulate and support
  693  training and employment programs that seek to match persons who
  694  complete such training programs to nonagricultural employment
  695  opportunities in areas of high agricultural unemployment, and to
  696  provide other training, educational, and information services
  697  necessary to stimulate the creation of jobs in the areas of high
  698  agricultural unemployment.
  699         (2) The Legislature supports projects that improve the
  700  economy in the Everglades Agricultural Area. In recognition of
  701  the employment opportunities and economic development generated
  702  by new and expanding industries in the area, such as the
  703  Airglades Airport in Hendry County and the development of an
  704  inland port in Palm Beach County, the Legislature finds that
  705  training the citizens of the state to fill the needs of these
  706  industries significantly enhances the economic viability of the
  707  region.
  708         (3) Funds may be used for grants for tuition for public or
  709  private technical or vocational programs and matching grants to
  710  employers to conduct employer-based training programs, or for
  711  the purchase of equipment to be used for training purposes, the
  712  hiring of instructors, or any other purpose directly associated
  713  with the program.
  714         (4) The Department of Economic Opportunity may not award a
  715  grant to any given training program which exceeds 50 percent of
  716  the total cost of the program. Matching contributions may
  717  include in-kind services, including, but not limited to, the
  718  provision of training instructors, equipment, and training
  719  facilities.
  720         (5) The Department of Economic Opportunity may grant up to
  721  100 percent of the tuition for a training program participant
  722  primarily employed during 36 of the previous 60 months in the
  723  Everglades Agricultural Area.
  724         (6) Programs established in the Everglades Agricultural
  725  Area must include opportunities to obtain the qualifications and
  726  skills necessary for jobs related to federal and state
  727  restoration projects, Airglades Airport in Hendry County, or an
  728  inland port in Palm Beach County.
  729         (7)The Department of Economic Opportunity shall adopt
  730  rules to implement this section.
  731         Section 8. Subsection (3) is added to section 946.511,
  732  Florida Statutes, to read:
  733         946.511 Inmate labor to operate correctional work
  734  programs.—
  735         (3) Beginning July 1, 2017, the use of inmates for
  736  correctional work programs in the agricultural industry in the
  737  EAA or in any area experiencing high unemployment rates in the
  738  agricultural sector is prohibited. Any lease agreement relating
  739  to land in the EAA leased to the Prison Rehabilitative
  740  Industries and Diversified Enterprises, Inc., (PRIDE
  741  Enterprises) for an agricultural work program is required to be
  742  terminated in accordance with the terms of the lease agreement.
  743         Section 9. The Division of Law Revision and Information is
  744  directed to replace the phrase “the effective date of this act”
  745  wherever it occurs in this act with the date the act becomes a
  746  law.
  747         Section 10. For the 2017-2018 fiscal year, the sum of $30
  748  million in nonrecurring funds from the Land Acquisition Trust
  749  Fund is appropriated to the Everglades Trust Fund for the
  750  purposes of acquiring land or negotiating leases pursuant to s.
  751  373.4598(4), Florida Statutes, or for any cost related to the
  752  planning or construction of the EAA reservoir project as defined
  753  in s. 373.4598, Florida Statutes.
  754         Section 11. For the 2017-2018 fiscal year, the sum of $3
  755  million in nonrecurring funds from the Land Acquisition Trust
  756  Fund is appropriated to the Everglades Trust Fund for the
  757  purposes of developing the post-authorization change report
  758  pursuant to s. 373.4598, Florida Statutes, and the sum of $1
  759  million in nonrecurring funds from the Land Acquisition Trust
  760  Fund is appropriated to the Everglades Trust Fund for the
  761  purposes of negotiating Phase II of the C-51 reservoir project
  762  pursuant to s. 373.4598, Florida Statutes.
  763         Section 12. For the 2017-2018 fiscal year, the sum of $30
  764  million in nonrecurring funds from the Land Acquisition Trust
  765  Fund is appropriated to the Water Resource Protection and
  766  Sustainability Program Trust Fund for the purpose of
  767  implementing Phase I of the C-51 reservoir project as a water
  768  storage facility in accordance with ss. 373.4598 and 373.475,
  769  Florida Statutes.
  770         Section 13. This act shall take effect upon becoming a law.
  771  
  772  ================= T I T L E  A M E N D M E N T ================
  773  And the title is amended as follows:
  774         Delete everything before the enacting clause
  775  and insert:
  776                        A bill to be entitled                      
  777         An act relating to water resources; amending s.
  778         201.15, F.S.; revising the requirements under which
  779         certain bonds may be issued; amending s. 215.618,
  780         F.S.; providing an exception to the requirement that
  781         bonds issued for acquisition and improvement of land,
  782         water areas, and related property interests and
  783         resources be deposited into the Florida Forever Trust
  784         Fund and distributed in a specified manner; creating
  785         s. 373.4598, F.S.; providing legislative findings and
  786         intent; defining terms; authorizing the South Florida
  787         Water Management District and the Board of Trustees of
  788         the Internal Improvement Trust Fund to negotiate the
  789         amendment and termination of leases on lands within
  790         the Everglades Agricultural Area for exchange or use
  791         for the reservoir project; requiring certain lease
  792         agreements for agricultural work programs to be
  793         terminated in accordance with the lease terms;
  794         requiring the district to identify certain lands;
  795         requiring that the district contact the lessors or
  796         landowners of any land identified by a certain date;
  797         requiring the board to provide certain land to the
  798         district; authorizing the district to acquire land
  799         from willing sellers under certain circumstances;
  800         prohibiting the total acreage necessary for additional
  801         water treatment from exceeding the amount reasonably
  802         required to meet state and federal water quality
  803         standards; requiring the district to request that the
  804         United States Army Corps of Engineers jointly develop
  805         a post-authorization change report for the Central
  806         Everglades Planning Project; providing requirements
  807         for the report; requiring the district to report the
  808         status of the report to the Legislature by a certain
  809         date; requiring the district to terminate an option
  810         agreement under certain circumstances; requiring the
  811         district, in coordination with the corps, to begin the
  812         planning study for the Everglades Agricultural Area
  813         reservoir project by a certain date under specified
  814         conditions; requiring the district to give hiring
  815         preferences to certain displaced agricultural workers;
  816         authorizing the district to negotiate with the owners
  817         of the C-51 reservoir project; providing requirements
  818         for the C-51 reservoir project if state funds are
  819         appropriated for the project; authorizing certain
  820         costs to be funded using Florida Forever bond proceeds
  821         under certain circumstances; specifying how such bond
  822         proceeds shall be deposited; authorizing the use of
  823         state funds for the reservoir project; requiring the
  824         district to seek additional sources of funding;
  825         requiring the district to request the corps, in the
  826         corps’ review of the regulation schedule, to consider
  827         any repairs to the Herbert Hoover Dike and
  828         implementation of certain projects to optimally
  829         utilize the added storage capacity; creating s.
  830         373.475, F.S.; providing legislative findings and
  831         intent; defining terms; requiring the state, through
  832         the Department of Environmental Protection, to provide
  833         certain funding assistance to local governments and
  834         water supply entities for the development and
  835         construction of water storage facilities; requiring
  836         the department to adopt rules; specifying required
  837         documentation for local government or water supply
  838         entities; specifying that recipients need not request
  839         certain advance payment; authorizing technical
  840         assistance from the department and water management
  841         districts to local governments or water supply
  842         entities for a certain purpose; specifying certain
  843         loan funding minimums and term requirements; requiring
  844         a report; authorizing certain audits and servicing
  845         fees; providing that the Water Protection and
  846         Sustainability Program Trust Fund must be used to
  847         carry out the purposes of the water storage facility
  848         revolving loan fund; specifying certain default and
  849         compliance provisions; amending s. 375.041, F.S.;
  850         requiring certain distributions to be made from the
  851         Land Acquisition Trust Fund; amending s. 403.890,
  852         F.S.; revising the purposes for which distributions
  853         may be made from and to the Water Protection and
  854         Sustainability Program Trust Fund; creating s. 446.71,
  855         F.S.; requiring the Department of Economic
  856         Opportunity, in cooperation with CareerSource Florida,
  857         Inc., to establish the Everglades Restoration
  858         Agricultural Community Employment Training Program
  859         within the department; providing requirements for the
  860         program; providing a legislative finding; specifying
  861         award restrictions; requiring the department to adopt
  862         rules; amending s. 946.511, F.S.; prohibiting the use
  863         of inmates for correctional work programs in the
  864         agricultural industry in certain areas; providing a
  865         directive to the Division of Law Revision and
  866         Information; providing appropriations; providing an
  867         effective date.