ENROLLED
       2017 Legislature                     CS for SB 10, 2nd Engrossed
       
       
       
       
       
       
                                                               201710er
    1  
    2         An act relating to water resources; amending s.
    3         201.15, F.S.; revising the requirements under which
    4         certain bonds may be issued; amending s. 215.618,
    5         F.S.; providing an exception to the requirement that
    6         bonds issued for acquisition and improvement of land,
    7         water areas, and related property interests and
    8         resources be deposited into the Florida Forever Trust
    9         Fund and distributed in a specified manner; creating
   10         s. 373.4598, F.S.; providing legislative findings and
   11         intent; defining terms; authorizing the South Florida
   12         Water Management District and the Board of Trustees of
   13         the Internal Improvement Trust Fund to negotiate the
   14         amendment and termination of leases on lands within
   15         the Everglades Agricultural Area for exchange or use
   16         for the reservoir project; requiring certain lease
   17         agreements for agricultural work programs to be
   18         terminated in accordance with the lease terms;
   19         requiring the district to identify certain lands;
   20         requiring that the district contact the lessors or
   21         landowners of any land identified by a certain date;
   22         requiring the board to provide certain land to the
   23         district; authorizing the district to acquire land
   24         from willing sellers under certain circumstances;
   25         prohibiting the total acreage necessary for additional
   26         water treatment from exceeding the amount reasonably
   27         required to meet state and federal water quality
   28         standards; requiring the district to request that the
   29         United States Army Corps of Engineers jointly develop
   30         a post-authorization change report for the Central
   31         Everglades Planning Project; providing requirements
   32         for the report; requiring the district to report the
   33         status of the report to the Legislature by a certain
   34         date; requiring the district to terminate an option
   35         agreement under certain circumstances; requiring the
   36         district to request the corps to initiate the project
   37         implementation report for the Everglades Agricultural
   38         Area reservoir project by a certain date under
   39         specified conditions; requiring the district to give
   40         hiring preferences to certain displaced agricultural
   41         workers; authorizing the district to negotiate with
   42         the owners of the C-51 reservoir project; providing
   43         requirements for the C-51 reservoir project if state
   44         funds are appropriated for the project; authorizing
   45         certain costs to be funded using Florida Forever bond
   46         proceeds under certain circumstances; specifying how
   47         such bond proceeds shall be deposited; authorizing the
   48         use of state funds for the reservoir project;
   49         requiring the district to seek additional sources of
   50         funding; requiring the district to request the corps,
   51         in the corps’ review of the regulation schedule, to
   52         consider any repairs to the Herbert Hoover Dike and
   53         implementation of certain projects to optimally
   54         utilize the added storage capacity; creating s.
   55         373.475, F.S.; providing legislative findings and
   56         intent; defining terms; requiring the state, through
   57         the Department of Environmental Protection, to provide
   58         certain funding assistance to local governments and
   59         water supply entities for the development and
   60         construction of water storage facilities; requiring
   61         the department to adopt rules; specifying required
   62         documentation for local government or water supply
   63         entities; authorizing technical assistance from the
   64         department and water management districts to local
   65         governments or water supply entities for a certain
   66         purpose; specifying certain loan funding minimums and
   67         term requirements; requiring a report; authorizing
   68         certain audits and servicing fees; providing that the
   69         Water Protection and Sustainability Program Trust Fund
   70         must be used to carry out the purposes of the water
   71         storage facility revolving loan fund; specifying
   72         certain default and compliance provisions; amending s.
   73         375.041, F.S.; requiring certain distributions to be
   74         made from the Land Acquisition Trust Fund; amending s.
   75         403.890, F.S.; revising the purposes for which
   76         distributions may be made from and to the Water
   77         Protection and Sustainability Program Trust Fund;
   78         creating s. 446.71, F.S.; requiring the Department of
   79         Economic Opportunity, in cooperation with CareerSource
   80         Florida, Inc., to establish the Everglades Restoration
   81         Agricultural Community Employment Training Program
   82         within the department; providing requirements for the
   83         program; providing a legislative finding; specifying
   84         award restrictions; requiring the department to adopt
   85         rules; amending s. 946.511, F.S.; prohibiting the use
   86         of inmates for correctional work programs in the
   87         agricultural industry in certain areas; providing a
   88         directive to the Division of Law Revision and
   89         Information; providing appropriations; providing an
   90         effective date.
   91          
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Paragraph (a) of subsection (3) of section
   95  201.15, Florida Statutes, is amended to read:
   96         201.15 Distribution of taxes collected.—All taxes collected
   97  under this chapter are hereby pledged and shall be first made
   98  available to make payments when due on bonds issued pursuant to
   99  s. 215.618 or s. 215.619, or any other bonds authorized to be
  100  issued on a parity basis with such bonds. Such pledge and
  101  availability for the payment of these bonds shall have priority
  102  over any requirement for the payment of service charges or costs
  103  of collection and enforcement under this section. All taxes
  104  collected under this chapter, except taxes distributed to the
  105  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
  106  are subject to the service charge imposed in s. 215.20(1).
  107  Before distribution pursuant to this section, the Department of
  108  Revenue shall deduct amounts necessary to pay the costs of the
  109  collection and enforcement of the tax levied by this chapter.
  110  The costs and service charge may not be levied against any
  111  portion of taxes pledged to debt service on bonds to the extent
  112  that the costs and service charge are required to pay any
  113  amounts relating to the bonds. All of the costs of the
  114  collection and enforcement of the tax levied by this chapter and
  115  the service charge shall be available and transferred to the
  116  extent necessary to pay debt service and any other amounts
  117  payable with respect to bonds authorized before January 1, 2017,
  118  secured by revenues distributed pursuant to this section. All
  119  taxes remaining after deduction of costs shall be distributed as
  120  follows:
  121         (3) Amounts on deposit in the Land Acquisition Trust Fund
  122  shall be used in the following order:
  123         (a) Payment of debt service or funding of debt service
  124  reserve funds, rebate obligations, or other amounts payable with
  125  respect to Florida Forever bonds issued pursuant to s. 215.618.
  126  The amount used for such purposes may not exceed $300 million in
  127  each fiscal year. It is the intent of the Legislature that all
  128  bonds issued to fund the Florida Forever Act be retired by
  129  December 31, 2040. Except for bonds issued to refund previously
  130  issued bonds, no series of bonds may be issued pursuant to this
  131  paragraph unless such bonds are approved and the debt service
  132  for the remainder of the fiscal year in which the bonds are
  133  issued is specifically appropriated in the General
  134  Appropriations Act or other law with respect to bonds issued for
  135  the purposes of s. 373.4598.
  136  
  137  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
  138  and ratably secured by moneys distributable to the Land
  139  Acquisition Trust Fund.
  140         Section 2. Subsection (5) of section 215.618, Florida
  141  Statutes, is amended to read:
  142         215.618 Bonds for acquisition and improvement of land,
  143  water areas, and related property interests and resources.—
  144         (5) The proceeds from the sale of bonds issued pursuant to
  145  this section, less the costs of issuance, the costs of funding
  146  reserve accounts, and other costs with respect to the bonds,
  147  shall be deposited into the Florida Forever Trust Fund. The bond
  148  proceeds deposited into the Florida Forever Trust Fund shall be
  149  distributed by the Department of Environmental Protection as
  150  provided in s. 259.105. This subsection does not apply to
  151  proceeds from the sale of bonds issued for the purposes of s.
  152  373.4598.
  153         Section 3. Section 373.4598, Florida Statutes, is created
  154  to read:
  155         373.4598 Water storage reservoirs.—
  156         (1) LEGISLATIVE FINDINGS AND INTENT.—
  157         (a) The Legislature declares that an emergency exists
  158  regarding the St. Lucie and Caloosahatchee estuaries due to the
  159  high-volume freshwater discharges to the east and west of the
  160  lake. Such discharges have manifested in widespread algae
  161  blooms, public health impacts, and extensive environmental harm
  162  to wildlife and the aquatic ecosystem. These conditions, as
  163  outlined in the state of emergency declared by the Governor
  164  under Executive Orders 16-59, 16-155, and 16-156, threaten the
  165  ecological integrity of the estuaries and the economic viability
  166  of the state and affected communities.
  167         (b) The Legislature finds that increasing water storage is
  168  necessary to reduce the high-volume freshwater discharges from
  169  the lake to the estuaries and restore the hydrological
  170  connection to the Everglades. CERP projects necessary to reduce
  171  the discharges and improve the flows to the Everglades should
  172  receive priority funding, such as the Lake Okeechobee Watershed
  173  project to the north of the lake; the Everglades Agricultural
  174  Area reservoir project to the south of the lake; the C-43 West
  175  Basin Reservoir Storage project to the west of the lake; and the
  176  Indian River Lagoon-South project to the east of the lake.
  177         (c) The Legislature finds that the rate of funding for CERP
  178  must be increased if restoration will be achieved within the
  179  timeframe originally envisioned and that the delay in
  180  substantial progress toward completing critical elements of
  181  restoration, such as southern storage, will cause irreparable
  182  harm to natural systems and, ultimately, increase the cost of
  183  restoration. A substantial commitment to the advancement of
  184  projects identified as part of CERP will reduce ongoing
  185  ecological damage to the St. Lucie and Caloosahatchee estuaries.
  186         (d) The Legislature recognizes that the EAA reservoir
  187  project was conditionally authorized in the Water Resources
  188  Development Act of 2000 as a project component of CERP. Unless
  189  other funding is available, the Legislature directs the
  190  district, in the implementation of the reservoir project, to
  191  abide by applicable state and federal law in order to do that
  192  which is required to obtain federal credit under CERP. If the
  193  district implements the EAA reservoir project as a project
  194  component as defined in s. 373.1501, the district must abide by
  195  all applicable state and federal law relating to such projects.
  196         (e) This section is not intended to diminish the
  197  commitments made by the state in chapter 2016-201, Laws of
  198  Florida.
  199         (2) DEFINITIONS.—As used in this section, the term:
  200         (a) “A-1 parcel” means an area of district-owned land
  201  located between the Miami Canal and North New River Canal
  202  consisting of approximately 17,000 acres which is bordered to
  203  the north by private agricultural lands, to the east by U.S.
  204  Highway 27, to the south by Stormwater Treatment Area 3/4, and
  205  to the west by the Holey Land Wildlife Management Area and the
  206  A-2 parcel.
  207         (b) “A-2 parcel” means an area of district-owned land
  208  located between the Miami Canal and the North New River Canal
  209  consisting of approximately 14,000 acres of land to the east of
  210  the Miami Canal which is bordered to the north by private
  211  agricultural lands, to the east by the A-1 parcel, and to the
  212  south by the Holey Land Wildlife Management Area.
  213         (c) “Board” means the Board of Trustees of the Internal
  214  Improvement Trust Fund.
  215         (d) “Central Everglades Planning Project” or “CEPP” means
  216  the suite of CERP projects authorized as the “Central
  217  Everglades” project in the Water Infrastructure Improvements for
  218  the Nation Act, Public Law No: 114-322.
  219         (e) “Comprehensive Everglades Restoration Plan” or “CERP”
  220  has the same meaning as the term “comprehensive plan” as defined
  221  in s. 373.470.
  222         (f) “Corps” means the United States Army Corps of
  223  Engineers.
  224         (g) “District” means the South Florida Water Management
  225  District.
  226         (h) “Everglades Agricultural Area” or “EAA” has the same
  227  meaning as in s. 373.4592.
  228         (i) “EAA reservoir project” means the Everglades
  229  Agricultural Area storage reservoir, known as Component G of
  230  CERP. The term includes any necessary water quality features
  231  that are required to meet state and federal water quality
  232  standards.
  233         (j) “Lake” means Lake Okeechobee.
  234         (k) “Option agreement” means the Second Amended and
  235  Restated Agreement for Sale and Purchase between the seller,
  236  United States Sugar Corporation, SBG Farms, Inc., and Southern
  237  Garden Groves Corporation, and the buyer, the South Florida
  238  Water Management District, dated August 12, 2010.
  239         (3) EAA LEASE AGREEMENTS.—
  240         (a) The district and the board are authorized to negotiate
  241  the amendment or termination of leases on lands within the EAA
  242  for exchange or use for the EAA reservoir project. Any such
  243  lease must be terminated in accordance with the lease terms or
  244  upon the voluntary agreement of the lessor and lessee. In the
  245  event of any such lease termination, the lessee must be
  246  permitted to continue to farm on a field-by-field basis until
  247  such time as the lessee’s operations are incompatible with
  248  implementation of the EAA reservoir project, as reasonably
  249  determined by the lessor. The district and the board may include
  250  the swapping of land, assignment of leases, and other methods of
  251  providing valuable consideration in negotiating the amendments
  252  to or termination of such lease agreements.
  253         (b) Any lease agreement relating to land in the EAA leased
  254  to the Prison Rehabilitative Industries and Diversified
  255  Enterprises, Inc., (PRIDE Enterprises) for an agricultural work
  256  program is required to be terminated in accordance with the
  257  terms of the lease agreement. Any such land previously leased
  258  may be made available by the board to the district for exchange
  259  for lands suitable for the EAA reservoir project or may be
  260  leased for agricultural purposes. The terms of any such lease
  261  must include provisions authorizing the lessor to terminate the
  262  lease at any time during the lease term as to any portion, or
  263  all of the premises, to be used for an environmental restoration
  264  purpose. The terms of the lease may not require more than 1
  265  years’ notice in order for such termination to be effective. Any
  266  agricultural owner managing lands subject to an agreement with
  267  PRIDE shall be given the right of first refusal in leasing any
  268  such lands.
  269         (c) If, after any termination of an EAA lease agreement,
  270  ratoon, stubble, or residual crop remaining on the lease
  271  premises is harvested or otherwise used by the lessor or any
  272  third party, the lessee is entitled to be compensated for any
  273  documented, unamortized planting costs, and any unamortized
  274  capital costs associated with the lease and incurred before
  275  notice.
  276         (4) LAND ACQUISITION.—The Legislature declares that
  277  acquiring land to increase water storage south of the lake is in
  278  the public interest and that the governing board of the district
  279  may acquire land, if necessary, to implement the EAA reservoir
  280  project with the goal of providing at least 240,000 acre-feet of
  281  water storage south of the lake. The use of eminent domain in
  282  the EAA for the purpose of implementing the EAA reservoir
  283  project is prohibited.
  284         (a) Upon the effective date of this act, the district shall
  285  identify the lessees of the approximately 3,200 acres of land
  286  owned by the state or the district west of the A-2 parcel and
  287  east of the Miami Canal and the private property owners of the
  288  approximately 500 acres of land surrounded by such lands.
  289         (b) By July 31, 2017, the district shall contact the
  290  lessors and landowners of the land identified pursuant paragraph
  291  (a) to express the district’s interest in acquiring land through
  292  the purchase or exchange of lands or by the amendment or
  293  termination of lease agreements. If land swaps or purchases are
  294  necessary to assemble the required acreage, the participation of
  295  private landowners must be voluntary. The district shall contact
  296  the board to request that any lease of land identified pursuant
  297  to paragraph (a), the title to which is vested in the board, be
  298  amended or terminated. All appraisal reports, offers, and
  299  counteroffers in relation to this subsection are confidential
  300  and exempt from s. 119.07(1), as provided in s. 373.139.
  301         (c) The board shall provide to the district, through direct
  302  acquisition in fee or by a supplemental agreement, any land, the
  303  title to which is vested in the board, that the district
  304  identifies as necessary to construct the EAA reservoir project.
  305         (d) The total acreage necessary for additional water
  306  treatment may not exceed the amount reasonably required to meet
  307  state and federal water quality standards as determined using
  308  the water quality modeling tools of the district. The district
  309  shall use the latest version of the Dynamic Model for Stormwater
  310  Treatment Areas Model modeling tool and other modeling tools
  311  that will be required in the planning and design of the EAA
  312  reservoir project. If additional land not identified in
  313  paragraph (a) is necessary for the EAA reservoir project, the
  314  district shall acquire that land from willing sellers of
  315  property in conjunction with the development of the post
  316  authorization change report.
  317         (5) POST-AUTHORIZATION CHANGE REPORT.—
  318         (a) The district is directed to request, by July 1, 2017,
  319  that the corps jointly develop a post-authorization change
  320  report with the district for CEPP to revise the project
  321  component located on the A-2 parcel with the goal of increasing
  322  water storage provided by the project component to a minimum of
  323  240,000 acre-feet. Upon agreement with the corps, development of
  324  the report must begin by August 1, 2017, and does not preclude
  325  the implementation of the remaining CEPP project components.
  326         (b) Using the A-2 parcel and the additional land identified
  327  pursuant to subsection (4) and without modifying the A-1 parcel,
  328  the report must evaluate:
  329         1. The optimal configuration of the EAA reservoir project
  330  for providing at least 240,000 acre-feet of water storage; and
  331         2. Any necessary increases in canal conveyance capacity to
  332  reduce the discharges to the St. Lucie or Caloosahatchee
  333  estuaries.
  334         (c) If the district and the corps determine that an
  335  alternate configuration of water storage and water quality
  336  features providing for significantly more water storage, but no
  337  less than 360,000 acre-feet of water storage, south of the lake
  338  can be implemented on a footprint that includes modification to
  339  the A-1 parcel, the district is authorized to recommend such an
  340  alternative configuration in the report. Any such recommendation
  341  must include sufficient water quality treatment capacity to meet
  342  state and federal water quality standards.
  343         (d) Pending congressional approval of the report, the
  344  district may begin the preliminary planning or construction of,
  345  or modification to, the project site to the extent appropriate,
  346  subject to the availability of funding. Upon receipt of
  347  congressional approval of the report, construction of the EAA
  348  reservoir project shall be completed parallel with construction
  349  of the other CEPP project components, subject to the
  350  availability of funding.
  351         (e) The district must report the status of the post
  352  authorization change report to the Legislature by January 9,
  353  2018. The status report must include information on the
  354  district’s ability to obtain lease modifications and land
  355  acquisitions as provided in subsection (4). If the district in
  356  good faith believes that the post-authorization change report
  357  will receive ultimate approval but that an extension of the
  358  deadline provided in paragraph (7)(a) is needed, the district
  359  must include such a request in its status report and may be
  360  granted an extension by the Legislature. Any such extension must
  361  include a corresponding date by which the district must request
  362  the corps to initiate the project implementation report for the
  363  EAA reservoir project and may proceed with the implementation of
  364  CEPP project components in accordance with the final project
  365  implementation report.
  366         (6) OPTION AGREEMENT.—The district must terminate the
  367  option agreement at the request of the seller if:
  368         (a) The post-authorization change report receives
  369  congressional approval; or
  370         (b) The district certifies to the board, the President of
  371  the Senate, and the Speaker of the House of Representatives that
  372  the acquisition of the land necessary for the EAA reservoir
  373  project, as provided in subsection (4), has been completed.
  374         (7) PROJECT IMPLEMENTATION REPORT.—
  375         (a) If, for any reason, the post-authorization change
  376  report is not approved by the corps and submitted for
  377  congressional approval by October 1, 2018, or the post
  378  authorization change report has not received congressional
  379  approval by December 31, 2019, the district, unless granted an
  380  extension by the Legislature, must request the corps to initiate
  381  a project implementation report, as defined in s. 373.470, for
  382  the EAA reservoir project and the district may proceed with the
  383  implementation of CEPP project components in accordance with the
  384  final project implementation report.
  385         (b) The district, when developing the project
  386  implementation report, must focus on the goals of the EAA
  387  reservoir project as identified in CERP, which include providing
  388  additional water storage and conveyance south of the lake to
  389  reduce the volume of regulatory discharges of water from the
  390  lake to the east and west.
  391         (c) Upon finalization of the project implementation report,
  392  as defined in s. 373.470, the district, in coordination with the
  393  corps, shall seek congressional authorization for the EAA
  394  reservoir project.
  395         (8) AGRICULTURAL WORKERS.—The district shall give
  396  preferential consideration to the hiring of former agricultural
  397  workers primarily employed during 36 of the past 60 months in
  398  the Everglades Agricultural Area, consistent with their
  399  qualifications and abilities, for the construction and operation
  400  of the EAA reservoir project. Any contract or subcontract for
  401  the construction and operation of the EAA reservoir project in
  402  which 50 percent or more of the cost is paid from state
  403  appropriated funds must provide preference and priority in the
  404  hiring of such agricultural workers. The district shall give
  405  preferential consideration to contract proposals that include in
  406  the contractor’s hiring practices training programs for such
  407  workers.
  408         (9) C-51 RESERVOIR PROJECT.—
  409         (a) The C-51 reservoir project is a water storage facility
  410  as defined in s. 373.475. The C-51 reservoir project is located
  411  in western Palm Beach County south of the lake and consists of
  412  in-ground reservoirs and conveyance structures that will provide
  413  water supply and water management benefits to participating
  414  water supply utilities and will also provide environmental
  415  benefits by reducing freshwater discharges to tide and making
  416  water available for natural systems.
  417         (b) Phase I of the project will provide approximately
  418  14,000 acre-feet of water storage and will hydraulically connect
  419  to the district’s L-8 Flow Equalization Basin. Phase II of the
  420  project will provide approximately 46,000 acre-feet of water
  421  storage, for a total increase of 60,000 acre-feet of water
  422  storage.
  423         (c) For Phase II of the C-51 reservoir project, the
  424  district may negotiate with the owners of the C-51 reservoir
  425  project site for the acquisition of the project or to enter into
  426  a public—private partnership. The district may acquire land near
  427  the C-51 reservoir through the purchase or exchange of land that
  428  is owned by the district or the state as necessary to implement
  429  Phase II of the project. The state and the district may consider
  430  potential swaps of land that is owned by the state or the
  431  district to achieve an optimal combination of water quality and
  432  water storage. The district may not exercise eminent domain for
  433  the purpose of implementing the C-51 reservoir project.
  434         (d) If state funds are appropriated for Phase I or Phase II
  435  of the C-51 reservoir project:
  436         1. The district shall operate the reservoir to maximize the
  437  reduction of high-volume Lake Okeechobee regulatory releases to
  438  the St. Lucie or Caloosahatchee estuaries, in addition to
  439  providing relief to the Lake Worth Lagoon;
  440         2. Water made available by the reservoir shall be used for
  441  natural systems in addition to any allocated amounts for water
  442  supply; and
  443         3. Any water received from Lake Okeechobee may not be
  444  available to support consumptive use permits.
  445         (e) Phase I of the C-51 reservoir project may be funded by
  446  appropriation or through the water storage facility revolving
  447  loan fund as provided in s. 373.475. Phase II of the C-51
  448  reservoir project may be funded pursuant to this section,
  449  pursuant to s. 373.475, as a project component of CERP, or
  450  pursuant to s. 375.041(3)(b)4.
  451         (10) FUNDING.—
  452         (a) The Legislature determines that the authorization and
  453  issuance of Florida Forever bonds for the purposes of this
  454  section is in the best interest of the state and determines that
  455  water storage reservoir projects should be implemented.
  456         (b) Any cost related to this section, including, but not
  457  limited to, the costs for land acquisition, planning, and
  458  construction may be funded using proceeds from Florida Forever
  459  bonds issued under s. 215.618, in an amount of up to $800
  460  million, as authorized under that section. The bond proceeds
  461  from bonds issued for the purposes of this section shall be
  462  deposited into the Everglades Trust Fund.
  463         (c) Notwithstanding s. 373.026(8)(b) or any other provision
  464  of law, the use of state funds is authorized for the EAA
  465  reservoir project.
  466         (d) The district shall actively seek additional sources of
  467  funding, including federal funding, for the reservoir project.
  468         (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district
  469  shall request that the corps pursue the reevaluation of the Lake
  470  Okeechobee Regulation Schedule as expeditiously as possible,
  471  taking into consideration the repairs made to the Herbert Hoover
  472  Dike and implementation of projects designed to reduce high
  473  volume freshwater discharges from the lake, in order to
  474  optimally utilize the added water storage capacity to reduce the
  475  high-volume freshwater discharges to the St. Lucie and
  476  Caloosahatchee estuaries.
  477         Section 4. Section 373.475, Florida Statutes, is created to
  478  read:
  479         373.475 Water storage facility revolving loan fund.—
  480         (1)(a) In recognition that waters of the state are among
  481  the state’s most basic resources, the Legislature declares that
  482  such waters should be managed to conserve and protect water
  483  resources and to realize the full beneficial use of such
  484  resources.
  485         (b) As natural storage within the system has been lost due
  486  to development, the Legislature finds that additional natural or
  487  man-made water storage is required to capture and prevent water
  488  from being discharged to tide or otherwise lost.
  489         (c) The Legislature finds that establishing infrastructure
  490  financing and providing technical assistance to local
  491  governments or water supply entities for water storage
  492  facilities is necessary to conserve and protect the waters of
  493  the state.
  494         (2) For purposes of this section, the term:
  495         (a) “Local governmental agency” means any municipality,
  496  county, district, or authority, or any agency thereof, or a
  497  combination of such, acting jointly in connection with a
  498  project, which has jurisdiction over a water storage facility.
  499         (b) “Water storage facility” or “facility” means all
  500  facilities, including land, necessary for an above-ground or in
  501  ground reservoir. Such facilities may be publicly owned,
  502  privately owned, investor-owned, or cooperatively held.
  503         (3) The state, through the department, shall provide
  504  funding assistance to local governments or water supply entities
  505  for the development and construction of water storage facilities
  506  to increase the availability of sufficient water for all
  507  existing and future reasonable-beneficial uses and natural
  508  systems.
  509         (a) The department may make loans, provide loan guarantees,
  510  purchase loan insurance, and refinance local debt through the
  511  issue of new loans for water storage facilities approved by the
  512  department. Local governments or water supply entities may
  513  borrow funds made available pursuant to this section and may
  514  pledge any revenues or other adequate security available to them
  515  to repay any funds borrowed.
  516         (b) The department may award loan amounts for up to 75
  517  percent of the costs of planning, designing, constructing,
  518  upgrading, or replacing water resource infrastructure or
  519  facilities, whether natural or man-made, including the
  520  acquisition of real property for water storage facilities.
  521         (4) The department shall adopt rules to carry out the
  522  purposes of this section. Such rules must:
  523         (a) Establish a priority system for loans based on
  524  compliance with state requirements. The priority system must
  525  give special consideration to:
  526         1. Projects that provide for the development of alternative
  527  water supply projects and management techniques in areas where
  528  existing source waters are limited or threatened by saltwater
  529  intrusion, excessive drawdowns, contamination, or other
  530  problems;
  531         2. Projects that contribute to the sustainability of
  532  regional water sources;
  533         3. Projects that produce additional water available for
  534  consumptive uses or natural systems;
  535         4. Projects that diversify water supply so that the needs
  536  of consumptive uses and the natural system are met during wet
  537  and dry conditions; or
  538         5. Projects that provide flexibility in addressing the
  539  unpredictability of water conditions from water year to water
  540  year.
  541         (b) Establish the requirements for the award and repayment
  542  of financial assistance.
  543         (c) Require evidence of credit worthiness and adequate
  544  security, including an identification of revenues to be pledged
  545  and documentation of their sufficiency for loan repayment and
  546  pledged revenue coverage to ensure that each loan recipient can
  547  meet its loan repayment requirements.
  548         (d) Require each project receiving financial assistance to
  549  be cost-effective, environmentally sound, and implementable.
  550         (e) Require each project to be self-supporting if the
  551  project is primarily for the purpose of water supply for
  552  consumptive use.
  553         (5) Before approval of a loan, the local government or
  554  water supply entity must, at a minimum, submit all of the
  555  following to the department:
  556         (a) A repayment schedule.
  557         (b) Evidence of the permittability or implementability of
  558  the facility proposed for financial assistance.
  559         (c) Plans and specifications, biddable contract documents,
  560  or other documentation of appropriate procurement of goods and
  561  services.
  562         (d) Written assurance that records will be kept using
  563  generally accepted accounting principles and that the department
  564  or its agents and the Auditor General will have access to all
  565  records pertaining to the loan.
  566         (e) If the facility is required to be self-supporting
  567  according to paragraph (4)(e), documentation that it will be
  568  self-supporting.
  569         (f) Documentation that the water management district within
  570  whose boundaries the facility will be located has approved the
  571  facility. If the facility crosses jurisdictional boundaries,
  572  approval from each applicable district must be documented and
  573  provided to the department.
  574         (6) The department and water management districts are
  575  authorized to provide technical assistance to local governments
  576  or water supply entities for water storage facilities funded
  577  pursuant to this section.
  578         (7) The minimum amount of a loan is $75,000. The term of
  579  loans made pursuant to this section may not exceed 30 years.
  580         (8) As part of the report required under s. 403.8532, the
  581  department shall prepare a report at the end of each fiscal year
  582  which details the financial assistance provided under this
  583  section, service fees collected, interest earned, and loans
  584  outstanding.
  585         (9) The department may conduct an audit of the loan project
  586  upon completion, or may require that a separate project audit,
  587  prepared by an independent certified public accountant, be
  588  submitted.
  589         (10) The department may require reasonable service fees on
  590  loans made to local governments or water supply entities to
  591  ensure that the program will be operated in perpetuity and to
  592  implement the purposes authorized under this section. Service
  593  fees may not be less than 2 percent or greater than 4 percent of
  594  the loan amount exclusive of the service fee. Service fee
  595  revenues shall be deposited into the department’s Grants and
  596  Donations Trust Fund. The fee revenues, and interest earnings
  597  thereon, shall be used exclusively for the purposes of this
  598  section.
  599         (11) The Water Protection and Sustainability Program Trust
  600  Fund established under s. 403.891 shall be used for the purposes
  601  of this section. Any funds that are not needed for immediate
  602  financial assistance shall be invested pursuant to s. 215.49.
  603  State funds and investment earnings shall be deposited into the
  604  fund. The principal and interest of all loans repaid, and
  605  investment earnings thereon, shall be deposited into the fund.
  606         (12)(a) If a local governmental agency defaults under the
  607  terms of its loan agreement, the department shall so certify to
  608  the Chief Financial Officer, who shall forward the amount
  609  delinquent to the department from any unobligated funds due to
  610  the local governmental agency under any revenue-sharing or tax
  611  sharing fund established by the state, except as otherwise
  612  provided by the State Constitution. Certification of delinquency
  613  does not preclude the department from pursuing other remedies
  614  available for default on a loan, including accelerating loan
  615  repayments, eliminating all or part of the interest rate subsidy
  616  on the loan, and court appointment of a receiver to manage the
  617  public water system.
  618         (b) If a water storage facility owned by a person other
  619  than a local governmental agency defaults under the terms of its
  620  loan agreement, the department may take all actions available
  621  under law to remedy the default.
  622         (c) The department may impose a penalty for delinquent loan
  623  payments in the amount of 6 percent of the amount due, in
  624  addition to charging the cost to handle and process the debt.
  625  Penalty interest accrues on any amount due and payable beginning
  626  on the 30th day following the date that the payment was due.
  627         (13) The department may terminate or rescind a financial
  628  assistance agreement if the recipient fails to comply with the
  629  terms and conditions of the agreement.
  630         Section 5. Subsection (3) of section 375.041, Florida
  631  Statutes, is amended to read:
  632         375.041 Land Acquisition Trust Fund.—
  633         (3) Funds distributed into the Land Acquisition Trust Fund
  634  pursuant to s. 201.15 shall be applied:
  635         (a) First, to pay debt service or to fund debt service
  636  reserve funds, rebate obligations, or other amounts payable with
  637  respect to Florida Forever bonds issued under s. 215.618; and
  638  pay debt service, provide reserves, and pay rebate obligations
  639  and other amounts due with respect to Everglades restoration
  640  bonds issued under s. 215.619; and
  641         (b) Of the funds remaining after the payments required
  642  under paragraph (a), but before funds may be appropriated,
  643  pledged, or dedicated for other uses:
  644         1. A minimum of the lesser of 25 percent or $200 million
  645  shall be appropriated annually for Everglades projects that
  646  implement the Comprehensive Everglades Restoration Plan as set
  647  forth in s. 373.470, including the Central Everglades Planning
  648  Project subject to Congressional authorization; the Long-Term
  649  Plan as defined in s. 373.4592(2); and the Northern Everglades
  650  and Estuaries Protection Program as set forth in s. 373.4595.
  651  From these funds, $32 million shall be distributed each fiscal
  652  year through the 2023-2024 fiscal year to the South Florida
  653  Water Management District for the Long-Term Plan as defined in
  654  s. 373.4592(2). After deducting the $32 million distributed
  655  under this subparagraph, from the funds remaining, a minimum of
  656  the lesser of 76.5 percent or $100 million shall be appropriated
  657  each fiscal year through the 2025-2026 fiscal year for the
  658  planning, design, engineering, and construction of the
  659  Comprehensive Everglades Restoration Plan as set forth in s.
  660  373.470, including the Central Everglades Planning Project, the
  661  Everglades Agricultural Area Storage Reservoir Project, the Lake
  662  Okeechobee Watershed Project, the C-43 West Basin Storage
  663  Reservoir Project, the Indian River Lagoon-South Project, the
  664  Western Everglades Restoration Project, and the Picayune Strand
  665  Restoration Project subject to Congressional authorization. The
  666  Department of Environmental Protection and the South Florida
  667  Water Management District shall give preference to those
  668  Everglades restoration projects that reduce harmful discharges
  669  of water from Lake Okeechobee to the St. Lucie or Caloosahatchee
  670  estuaries in a timely manner. For the purpose of performing the
  671  calculation provided in this subparagraph, the amount of debt
  672  service paid pursuant to paragraph (a) for bonds issued after
  673  July 1, 2016, for the purposes set forth under paragraph (b)
  674  shall be added to the amount remaining after the payments
  675  required under paragraph (a). The amount of the distribution
  676  calculated shall then be reduced by an amount equal to the debt
  677  service paid pursuant to paragraph (a) on bonds issued after
  678  July 1, 2016, for the purposes set forth under this
  679  subparagraph.
  680         2. A minimum of the lesser of 7.6 percent or $50 million
  681  shall be appropriated annually for spring restoration,
  682  protection, and management projects. For the purpose of
  683  performing the calculation provided in this subparagraph, the
  684  amount of debt service paid pursuant to paragraph (a) for bonds
  685  issued after July 1, 2016, for the purposes set forth under
  686  paragraph (b) shall be added to the amount remaining after the
  687  payments required under paragraph (a). The amount of the
  688  distribution calculated shall then be reduced by an amount equal
  689  to the debt service paid pursuant to paragraph (a) on bonds
  690  issued after July 1, 2016, for the purposes set forth under this
  691  subparagraph.
  692         3. The sum of $5 million shall be appropriated annually
  693  each fiscal year through the 2025-2026 fiscal year to the St.
  694  Johns River Water Management District for projects dedicated to
  695  the restoration of Lake Apopka. This distribution shall be
  696  reduced by an amount equal to the debt service paid pursuant to
  697  paragraph (a) on bonds issued after July 1, 2016, for the
  698  purposes set forth in this subparagraph.
  699         4. The sum of $64 million is appropriated and shall be
  700  transferred to the Everglades Trust Fund for the 2018-2019
  701  fiscal year, and each fiscal year thereafter, for the EAA
  702  reservoir project pursuant to s. 373.4598. Any funds remaining
  703  in any fiscal year shall be made available only for Phase II of
  704  the C-51 reservoir project or projects identified in
  705  subparagraph 1. and must be used in accordance with laws
  706  relating to such projects. Any funds made available for such
  707  purposes in a fiscal year is in addition to the amount
  708  appropriated under subparagraph 1. This distribution shall be
  709  reduced by an amount equal to the debt service paid pursuant to
  710  paragraph (a) on bonds issued after July 1, 2017, for the
  711  purposes set forth in this subparagraph.
  712         Section 6. Section 403.890, Florida Statutes, is amended to
  713  read:
  714         403.890 Water Protection and Sustainability Program.—
  715         (1) Revenues deposited into or appropriated to the Water
  716  Protection and Sustainability Program Trust Fund shall be
  717  distributed by the Department of Environmental Protection for
  718  the following purposes in the following manner:
  719         (a)(1)Sixty-five percent to the Department of
  720  Environmental Protection for The implementation of an
  721  alternative water supply program as provided in s. 373.707.
  722         (b) The water storage facility revolving loan fund as
  723  provided in s. 373.475.
  724         (2) Revenues deposited into or appropriated to the Water
  725  Protection and Sustainability Program Trust Fund for purposes of
  726  the water storage facility revolving loan fund may only be used
  727  for such purposes.
  728         (2) Twenty-two and five-tenths percent for the
  729  implementation of best management practices and capital project
  730  expenditures necessary for the implementation of the goals of
  731  the total maximum daily load program established in s. 403.067.
  732  Of these funds, 83.33 percent shall be transferred to the credit
  733  of the Department of Environmental Protection Water Quality
  734  Assurance Trust Fund to address water quality impacts associated
  735  with nonagricultural nonpoint sources. Sixteen and sixty-seven
  736  hundredths percent of these funds shall be transferred to the
  737  Department of Agriculture and Consumer Services General
  738  Inspection Trust Fund to address water quality impacts
  739  associated with agricultural nonpoint sources. These funds shall
  740  be used for research, development, demonstration, and
  741  implementation of the total maximum daily load program under s.
  742  403.067, suitable best management practices or other measures
  743  used to achieve water quality standards in surface waters and
  744  water segments identified pursuant to s. 303(d) of the Clean
  745  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
  746  Implementation of best management practices and other measures
  747  may include cost-share grants, technical assistance,
  748  implementation tracking, and conservation leases or other
  749  agreements for water quality improvement. The Department of
  750  Environmental Protection and the Department of Agriculture and
  751  Consumer Services may adopt rules governing the distribution of
  752  funds for implementation of capital projects, best management
  753  practices, and other measures. These funds shall not be used to
  754  abrogate the financial responsibility of those point and
  755  nonpoint sources that have contributed to the degradation of
  756  water or land areas. Increased priority shall be given by the
  757  department and the water management district governing boards to
  758  those projects that have secured a cost-sharing agreement
  759  allocating responsibility for the cleanup of point and nonpoint
  760  sources.
  761         (3) Twelve and five-tenths percent to the Department of
  762  Environmental Protection for the Disadvantaged Small Community
  763  Wastewater Grant Program as provided in s. 403.1838.
  764         (3)(4) On June 30, 2009, and every 24 months thereafter,
  765  the Department of Environmental Protection shall request the
  766  return of all unencumbered funds distributed for the purposes of
  767  the alternative water supply program pursuant to this section.
  768  These funds shall be deposited into the Water Protection and
  769  Sustainability Program Trust Fund and redistributed for such
  770  purposes pursuant to the provisions of this section.
  771         Section 7. Section 446.71, Florida Statutes, is created to
  772  read:
  773         446.71 Everglades Restoration Agricultural Community
  774  Employment Training Program.—
  775         (1) The Department of Economic Opportunity, in cooperation
  776  with CareerSource Florida, Inc., shall establish the Everglades
  777  Restoration Agricultural Community Employment Training Program
  778  within the Department of Economic Opportunity. The Department of
  779  Economic Opportunity shall use funds appropriated to the program
  780  by the Legislature to provide grants to stimulate and support
  781  training and employment programs that seek to match persons who
  782  complete such training programs to nonagricultural employment
  783  opportunities in areas of high agricultural unemployment, and to
  784  provide other training, educational, and information services
  785  necessary to stimulate the creation of jobs in the areas of high
  786  agricultural unemployment. In determining whether to provide
  787  funds to a particular program, the Department of Economic
  788  Opportunity shall consider the location of the program in
  789  proximity to the program’s intended participants.
  790         (2) The Legislature supports projects that improve the
  791  economy in the Everglades Agricultural Area. In recognition of
  792  the employment opportunities and economic development generated
  793  by new and expanding industries in the area, such as the
  794  Airglades Airport in Hendry County and the development of an
  795  inland port in Palm Beach County, the Legislature finds that
  796  training the citizens of the state to fill the needs of these
  797  industries significantly enhances the economic viability of the
  798  region.
  799         (3) Funds may be used for grants for tuition for public or
  800  private technical or vocational programs and matching grants to
  801  employers to conduct employer-based training programs, or for
  802  the purchase of equipment to be used for training purposes, the
  803  hiring of instructors, or any other purpose directly associated
  804  with the program.
  805         (4) The Department of Economic Opportunity may not award a
  806  grant to any given training program which exceeds 50 percent of
  807  the total cost of the program, unless the training program is
  808  located within a rural area of opportunity, in which case the
  809  grant may exceed 50 percent of the total cost of the program and
  810  up to 100 percent. Matching contributions may include in-kind
  811  services, including, but not limited to, the provision of
  812  training instructors, equipment, and training facilities.
  813         (5) Before granting a request for funds made in accordance
  814  with this section, the Department of Economic Opportunity shall
  815  enter into a grant agreement with the requestor of funds and the
  816  institution receiving funding through the program. Such
  817  agreement must include all of the following information:
  818         (a) An identification of the personnel necessary to conduct
  819  the instructional program, the qualifications of such personnel,
  820  and the respective responsibilities of the parties for paying
  821  costs associated with the employment of such personnel.
  822         (b) An identification of the estimated length of the
  823  instructional program.
  824         (c) An identification of all direct, training-related
  825  costs, including tuition and fees, curriculum development, books
  826  and classroom materials, and overhead or indirect costs.
  827         (d) An identification of special program requirements that
  828  are not otherwise addressed in the agreement.
  829         (6) The Department of Economic Opportunity may grant up to
  830  100 percent of the tuition for a training program participant
  831  who currently resides, and has resided for at least 3 of the 5
  832  immediately preceding years within the Everglades Agricultural
  833  Area as described in s. 373.4592 and in counties that provide
  834  for water storage and dispersed water storage that is located in
  835  Rural Areas of Opportunity as described in s. 288.0656.
  836         (7) Programs established in the Everglades Agricultural
  837  Area must include opportunities to obtain the qualifications and
  838  skills necessary for jobs related to federal and state
  839  restoration projects, the Airglades Airport in Hendry County, an
  840  inland port in Palm Beach County, or other industries with
  841  verifiable, demonstrated interest in operating within the
  842  Everglades Agricultural Area and in counties that provide for
  843  water storage and dispersed water storage that is located in
  844  Rural Areas of Opportunity as described in s. 288.0656.
  845         (8) The Department of Economic Opportunity shall adopt
  846  rules to implement this section.
  847         Section 8. Subsection (3) is added to section 946.511,
  848  Florida Statutes, to read:
  849         946.511 Inmate labor to operate correctional work
  850  programs.—
  851         (3) Beginning July 1, 2017, the use of inmates for
  852  correctional work programs in the agricultural industry in the
  853  Everglades Agricultural Area or in any area experiencing high
  854  unemployment rates in the agricultural sector is prohibited. Any
  855  lease agreement relating to land in the Everglades Agricultural
  856  Area leased to the Prison Rehabilitative Industries and
  857  Diversified Enterprises, Inc., (PRIDE Enterprises) for an
  858  agricultural work program is required to be terminated in
  859  accordance with the terms of the lease agreement.
  860         Section 9. The Division of Law Revision and Information is
  861  directed to replace the phrase “the effective date of this act”
  862  wherever it occurs in this act with the date the act becomes a
  863  law.
  864         Section 10. For the 2017-2018 fiscal year, the sum of $30
  865  million in nonrecurring funds from the Land Acquisition Trust
  866  Fund is appropriated to the Everglades Trust Fund for the
  867  purposes of acquiring land or negotiating leases to implement
  868  the Everglades Agricultural Area reservoir project pursuant to
  869  s. 373.4598, Florida Statutes, or for any cost related to the
  870  planning or construction of the Everglades Agricultural Area
  871  reservoir project as defined in s. 373.4598, Florida Statutes.
  872         Section 11. For the 2017-2018 fiscal year, the sum of $3
  873  million in nonrecurring funds from the Land Acquisition Trust
  874  Fund is appropriated to the Everglades Trust Fund for the
  875  purposes of developing the post-authorization change report
  876  pursuant to s. 373.4598, Florida Statutes, and the sum of $1
  877  million in nonrecurring funds from the Land Acquisition Trust
  878  Fund is appropriated to the Everglades Trust Fund for the
  879  purposes of negotiating Phase II of the C-51 reservoir project
  880  pursuant to s. 373.4598, Florida Statutes.
  881         Section 12. For the 2017-2018 fiscal year, the sum of $30
  882  million in nonrecurring funds from the General Revenue Trust
  883  Fund is appropriated to the Water Resource Protection and
  884  Sustainability Program Trust Fund for the purpose of providing a
  885  loan to implement Phase I of the C-51 reservoir project. The
  886  loan must have a 30-year term, may be prepaid at any time, and
  887  shall accrue interest until repayment. The loan shall be repaid
  888  from the proceeds of the sale of unreserved capacity in the
  889  water storage facility, or other appropriate payment, at time of
  890  receipt less reasonable expenses. The loan must be secured by a
  891  first mortgage lien on the water storage facility and a
  892  collateral assignment of unreserved capacity as adequate
  893  security for the loan. The loan does not reserve for use by the
  894  state or the district any capacity authorized pursuant to the
  895  consumptive use permit for Phase I of the C-51 Reservoir. Once
  896  the Department of Environmental Protection adopts rules pursuant
  897  to s. 373.475, Florida Statutes, the department may modify the
  898  terms of the loan agreement to ensure that the loan agreement is
  899  in accordance with such rules, except that any terms
  900  specifically stated herein may not be modified.
  901         Section 13. This act shall take effect upon becoming a law.