Florida Senate - 2013                              CS for SB 768
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Simpson
       
       
       
       592-02851-13                                           2013768c1
    1                        A bill to be entitled                      
    2         An act relating to Everglades improvement and
    3         management; amending s. 373.4592, F.S.; revising
    4         legislative findings for achieving water quality
    5         goals; revising the definition of the term “Long-Term
    6         Plan”; revising provisions for use of certain ad
    7         valorem tax proceeds; directing the South Florida
    8         Water Management District to complete a specified
    9         analysis; revising provisions for collection of the
   10         agricultural privilege tax; providing for the use of
   11         such tax proceeds; providing that payment of the tax
   12         and certain costs fulfills certain constitutional
   13         obligations; providing appropriations; providing
   14         effective dates.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (g) of subsection (1), paragraph (j)
   19  of subsection (2), paragraphs (d) and (e) of subsection (3),
   20  paragraph (a) of subsection (4), and paragraphs (c) and (h) of
   21  subsection (6) of section 373.4592, Florida Statutes, are
   22  amended, and paragraph (h) is added to subsection (4) of that
   23  section, to read:
   24         373.4592 Everglades improvement and management.—
   25         (1) FINDINGS AND INTENT.—
   26         (g) The Legislature finds that the Statement of Principles
   27  of July 1993, the Everglades Construction Project, and the
   28  regulatory requirements of this section provide a sound basis
   29  for the state’s long-term cleanup and restoration objectives for
   30  the Everglades. It is the intent of the Legislature to provide a
   31  sufficient period of time for construction, testing, and
   32  research, so that the benefits of the Long-Term Plan Everglades
   33  Construction Project will be determined and maximized prior to
   34  requiring additional measures. The Legislature finds that STAs
   35  and BMPs are currently the best available technology for
   36  achieving the interim water quality goals of the Everglades
   37  Program and that implementation of BMPs, funded by the owners
   38  and users of land in the EAA, effectively reduces nutrients in
   39  waters flowing into the Everglades Protection Area. A combined
   40  program of agricultural BMPs, STAs, and requirements of this
   41  section is a reasonable method of achieving interim total
   42  phosphorus discharge reductions. The Everglades Program is an
   43  appropriate foundation on which to build a long-term program to
   44  ultimately achieve restoration and protection of the Everglades
   45  Protection Area.
   46         (2) DEFINITIONS.—As used in this section:
   47         (j) “Long-Term Plan” or “Plan” means the district’s
   48  “Everglades Protection Area Tributary Basins Conceptual Plan for
   49  Achieving Long-Term Water Quality Goals Final Report” dated
   50  March 2003, as subsequently modified in accordance with
   51  paragraph (3)(b), and the district’s “Restoration Strategies
   52  Regional Water Quality Plan” dated April 27, 2012, as may be
   53  subsequently modified pursuant to paragraph (3)(b) modified
   54  herein.
   55         (3) EVERGLADES LONG-TERM PLAN.—
   56         (d) The Legislature recognizes that the Long-Term Plan
   57  contains an initial phase and a 10-year second phase. The
   58  Legislature intends that a review of this act at least 10 years
   59  after implementation of the Long-Term Plan initial phase is
   60  appropriate and necessary to the public interest. The review is
   61  the best way to ensure that the Everglades Protection Area is
   62  achieving state water quality standards, including phosphorus
   63  reduction, and the Long-Term Plan is using the best technology
   64  available. A 10-year second phase of the Long-Term Plan must be
   65  approved by the Legislature and codified in this act prior to
   66  implementation of projects, but not prior to development,
   67  review, and approval of projects by the department.
   68         (e) The Long-Term Plan shall be implemented for an initial
   69  13-year phase (2003-2016) and shall achieve water quality
   70  standards relating to the phosphorus criterion in the Everglades
   71  Protection Area as determined by a network of monitoring
   72  stations established for this purpose. Not later than December
   73  31, 2008, and each 5 years thereafter, the department shall
   74  review and approve incremental phosphorus reduction measures.
   75         (4) EVERGLADES PROGRAM.—
   76         (a) Everglades Construction Project.—The district shall
   77  implement the Everglades Construction Project. By the time of
   78  completion of the project, the state, district, or other
   79  governmental authority shall purchase the inholdings in the
   80  Rotenberger and such other lands necessary to achieve a 2:1
   81  mitigation ratio for the use of Brown’s Farm and other similar
   82  lands, including those needed for the STA 1 Inflow and
   83  Distribution Works. The inclusion of public lands as part of the
   84  project is for the purpose of treating waters not coming from
   85  the EAA for hydroperiod restoration. It is the intent of the
   86  Legislature that the district aggressively pursue the
   87  implementation of the Everglades Construction Project in
   88  accordance with the schedule in this subsection. The Legislature
   89  recognizes that adherence to the schedule is dependent upon
   90  factors beyond the control of the district, including the timely
   91  receipt of funds from all contributors. The district shall take
   92  all reasonable measures to complete timely performance of the
   93  schedule in this section in order to finish the Everglades
   94  Construction Project. The district shall not delay
   95  implementation of the project beyond the time delay caused by
   96  those circumstances and conditions that prevent timely
   97  performance. The district shall not levy ad valorem taxes in
   98  excess of 0.1 mill within the Okeechobee Basin for the purposes
   99  of the design, construction, and acquisition of the Everglades
  100  Construction Project. The ad valorem tax proceeds not exceeding
  101  0.1 mill levied within the Okeechobee Basin for such purposes
  102  shall also be used for design, construction, and implementation
  103  of the initial phase of the Long-Term Plan, including operation
  104  and maintenance, and research for the projects and strategies in
  105  the initial phase of the Long-Term Plan, and including the
  106  enhancements and operation and maintenance of the Everglades
  107  Construction Project and shall be the sole direct district
  108  contribution from district ad valorem taxes appropriated or
  109  expended for the design, construction, and acquisition of the
  110  Everglades Construction Project unless the Legislature by
  111  specific amendment to this section increases the 0.1 mill ad
  112  valorem tax contribution, increases the agricultural privilege
  113  taxes, or otherwise reallocates the relative contribution by ad
  114  valorem taxpayers and taxpayers paying the agricultural
  115  privilege taxes toward the funding of the design, construction,
  116  and acquisition of the Everglades Construction Project.
  117  Notwithstanding the provisions of s. 200.069 to the contrary,
  118  any millage levied under the 0.1 mill limitation in this
  119  paragraph shall be included as a separate entry on the Notice of
  120  Proposed Property Taxes pursuant to s. 200.069. Once the STAs
  121  are completed, the district shall allow these areas to be used
  122  by the public for recreational purposes in the manner set forth
  123  in s. 373.1391(1), considering the suitability of these lands
  124  for such uses. These lands shall be made available for
  125  recreational use unless the district governing board can
  126  demonstrate that such uses are incompatible with the restoration
  127  goals of the Everglades Construction Project or the water
  128  quality and hydrological purposes of the STAs or would otherwise
  129  adversely impact the implementation of the project. The district
  130  shall give preferential consideration to the hiring of
  131  agricultural workers displaced as a result of the Everglades
  132  Construction Project, consistent with their qualifications and
  133  abilities, for the construction and operation of these STAs. The
  134  following milestones apply to the completion of the Everglades
  135  Construction Project as depicted in the February 15, 1994,
  136  conceptual design document:
  137         1. The district must complete the final design of the STA 1
  138  East and West and pursue STA 1 East project components as part
  139  of a cost-shared program with the Federal Government. The
  140  district must be the local sponsor of the federal project that
  141  will include STA 1 East, and STA 1 West if so authorized by
  142  federal law;
  143         2. Construction of STA 1 East is to be completed under the
  144  direction of the United States Army Corps of Engineers in
  145  conjunction with the currently authorized C-51 flood control
  146  project;
  147         3. The district must complete construction of STA 1 West
  148  and STA 1 Inflow and Distribution Works under the direction of
  149  the United States Army Corps of Engineers, if the direction is
  150  authorized under federal law, in conjunction with the currently
  151  authorized C-51 flood control project;
  152         4. The district must complete construction of STA 3/4 by
  153  October 1, 2003; however, the district may modify this schedule
  154  to incorporate and accelerate enhancements to STA 3/4 as
  155  directed in the Long-Term Plan;
  156         5. The district must complete construction of STA 6;
  157         6. The district must, by December 31, 2006, complete
  158  construction of enhancements to the Everglades Construction
  159  Project recommended in the Long-Term Plan and initiate other
  160  pre-2006 strategies in the plan; and
  161         7. East Beach Water Control District, South Shore Drainage
  162  District, South Florida Conservancy District, East Shore Water
  163  Control District, and the lessee of agricultural lease number
  164  3420 shall complete any system modifications described in the
  165  Everglades Construction Project to the extent that funds are
  166  available from the Everglades Fund. These entities shall divert
  167  the discharges described within the Everglades Construction
  168  Project within 60 days of completion of construction of the
  169  appropriate STA. Such required modifications shall be deemed to
  170  be a part of each district’s plan of reclamation pursuant to
  171  chapter 298.
  172         (h) After completion of all projects and improvements in
  173  the Long-Term Plan, the district shall complete a use
  174  attainability analysis to determine if those projects and
  175  improvements will achieve the water quality based effluent
  176  limits established in permits and orders authorizing the
  177  operation of those facilities.
  178         (6) EVERGLADES AGRICULTURAL PRIVILEGE TAX.—
  179         (c) The initial Everglades agricultural privilege tax roll
  180  shall be certified for the tax notices mailed in November 1994.
  181  Incentive credits to the Everglades agricultural privilege taxes
  182  to be included on the initial Everglades agricultural privilege
  183  tax roll, if any, shall be based upon the total phosphorus load
  184  reduction for the year ending April 30, 1993. The Everglades
  185  agricultural privilege taxes for each year shall be computed in
  186  the following manner:
  187         1. Annual Everglades agricultural privilege taxes shall be
  188  charged for the privilege of conducting an agricultural trade or
  189  business on each acre of real property or portion thereof. The
  190  annual Everglades agricultural privilege tax shall be $24.89 per
  191  acre for the tax notices mailed in November 1994 through
  192  November 1997; $27 per acre for the tax notices mailed in
  193  November 1998 through November 2001; $31 per acre for the tax
  194  notices mailed in November 2002 through November 2005; and $35
  195  per acre for the tax notices mailed in November 2006 through
  196  November 2013.
  197         2. It is the intent of the Legislature to encourage the
  198  performance of best management practices to maximize the
  199  reduction of phosphorus loads at points of discharge from the
  200  EAA by providing an incentive credit against the Everglades
  201  agricultural privilege taxes set forth in subparagraph 1. The
  202  total phosphorus load reduction shall be measured for the entire
  203  EAA by comparing the actual measured total phosphorus load
  204  attributable to the EAA for each annual period ending on April
  205  30 to the total estimated phosphorus load that would have
  206  occurred during the 1979-1988 base period using the model for
  207  total phosphorus load determinations provided in chapter 40E-63,
  208  Florida Administrative Code, utilizing the technical information
  209  and procedures contained in Section IV-EAA Period of Record Flow
  210  and Phosphorus Load Calculations; Section V-Monitoring
  211  Requirements; and Section VI-Phosphorus Load Allocations and
  212  Compliance Calculations of the Draft Technical Document in
  213  Support of chapter 40E-63, Florida Administrative Code - Works
  214  of the District within the Everglades, March 3, 1992, and the
  215  Standard Operating Procedures for Water Quality Collection in
  216  Support of the Everglades Water Condition Report, dated February
  217  18, 1994. The model estimates the total phosphorus load that
  218  would have occurred during the 1979-1988 base period by
  219  substituting the rainfall conditions for such annual period
  220  ending April 30 for the conditions that were used to calibrate
  221  the model for the 1979-1988 base period. The data utilized to
  222  calculate the actual loads attributable to the EAA shall be
  223  adjusted to eliminate the effect of any load and flow that were
  224  not included in the 1979-1988 base period as defined in chapter
  225  40E-63, Florida Administrative Code. The incorporation of the
  226  method of measuring the total phosphorus load reduction provided
  227  in this subparagraph is intended to provide a legislatively
  228  approved aid to the governing board of the district in making an
  229  annual ministerial determination of any incentive credit.
  230         3. Phosphorus load reductions calculated in the manner
  231  described in subparagraph 2. and rounded to the nearest whole
  232  percentage point for each annual period beginning on May 1 and
  233  ending on April 30 shall be used to compute incentive credits to
  234  the Everglades agricultural privilege taxes to be included on
  235  the annual tax notices mailed in November of the next ensuing
  236  calendar year. Incentive credits, if any, will reduce the
  237  Everglades agricultural privilege taxes set forth in
  238  subparagraph 1. only to the extent that the phosphorus load
  239  reduction exceeds 25 percent. Subject to subparagraph 4., the
  240  reduction of phosphorus load by each percentage point in excess
  241  of 25 percent, computed for the 12-month period ended on April
  242  30 of the calendar year immediately preceding certification of
  243  the Everglades agricultural privilege tax, shall result in the
  244  following incentive credits: $0.33 per acre for the tax notices
  245  mailed in November 1994 through November 1997; $0.54 per acre
  246  for the tax notices mailed in November 1998 through November
  247  2001; $0.61 per acre for the tax notices mailed in November 2002
  248  through November 2005, and $0.65 per acre for the tax notices
  249  mailed in November 2006 through November 2013. The determination
  250  of incentive credits, if any, shall be documented by resolution
  251  of the governing board of the district adopted prior to or at
  252  the time of the adoption of its resolution certifying the annual
  253  Everglades agricultural privilege tax roll to the appropriate
  254  tax collector.
  255         4. Notwithstanding subparagraph 3., incentive credits for
  256  the performance of best management practices shall not reduce
  257  the minimum annual Everglades agricultural privilege tax to less
  258  than $24.89 per acre, which annual Everglades agricultural
  259  privilege tax as adjusted in the manner required by paragraph
  260  (e) shall be known as the “minimum tax.” To the extent that the
  261  application of incentive credits for the performance of best
  262  management practices would reduce the annual Everglades
  263  agricultural privilege tax to an amount less than the minimum
  264  tax, then the unused or excess incentive credits for the
  265  performance of best management practices shall be carried
  266  forward, on a phosphorus load percentage basis, to be applied as
  267  incentive credits in subsequent years. Any unused or excess
  268  incentive credits remaining after certification of the
  269  Everglades agricultural privilege tax roll for the tax notices
  270  mailed in November 2013 shall be canceled.
  271         5. Notwithstanding the schedule of Everglades agricultural
  272  privilege taxes set forth in subparagraph 1., the owner, lessee,
  273  or other appropriate interestholder of any property shall be
  274  entitled to have the Everglades agricultural privilege tax for
  275  any parcel of property reduced to the minimum tax, commencing
  276  with the tax notices mailed in November 1996 for parcels of
  277  property participating in the early baseline option as defined
  278  in chapter 40E-63, Florida Administrative Code, and with the tax
  279  notices mailed in November 1997 for parcels of property not
  280  participating in the early baseline option, upon compliance with
  281  the requirements set forth in this subparagraph. The owner,
  282  lessee, or other appropriate interestholder shall file an
  283  application with the executive director of the district prior to
  284  July 1 for consideration of reduction to the minimum tax on the
  285  Everglades agricultural privilege tax roll to be certified for
  286  the tax notice mailed in November of the same calendar year and
  287  shall have the burden of proving the reduction in phosphorus
  288  load attributable to such parcel of property. The phosphorus
  289  load reduction for each discharge structure serving the parcel
  290  shall be measured as provided in chapter 40E-63, Florida
  291  Administrative Code, and the permit issued for such property
  292  pursuant to chapter 40E-63, Florida Administrative Code. A
  293  parcel of property which has achieved the following annual
  294  phosphorus load reduction standards shall have the minimum tax
  295  included on the annual tax notice mailed in November of the next
  296  ensuing calendar year: 30 percent or more for the tax notices
  297  mailed in November 1994 through November 1997; 35 percent or
  298  more for the tax notices mailed in November 1998 through
  299  November 2001; 40 percent or more for the tax notices mailed in
  300  November 2002 through November 2005; and 45 percent or more for
  301  the tax notices mailed in November 2006 through November 2013.
  302  In addition, any parcel of property that achieves an annual flow
  303  weighted mean concentration of 50 parts per billion (ppb) of
  304  phosphorus at each discharge structure serving the property for
  305  any year ending April 30 shall have the minimum tax included on
  306  the annual tax notice mailed in November of the next ensuing
  307  calendar year. Any annual phosphorus reductions that exceed the
  308  amount necessary to have the minimum tax included on the annual
  309  tax notice for any parcel of property shall be carried forward
  310  to the subsequent years’ phosphorus load reduction to determine
  311  if the minimum tax shall be included on the annual tax notice.
  312  The governing board of the district shall deny or grant the
  313  application by resolution adopted prior to or at the time of the
  314  adoption of its resolution certifying the annual Everglades
  315  agricultural privilege tax roll to the appropriate tax
  316  collector.
  317         6. The annual Everglades agricultural privilege tax shall
  318  be: for the tax notices mailed in November 2014 through November
  319  2026, 2016 shall be $25 per acre; for the tax notices mailed in
  320  November 2027 through 2029, $20 per acre; for the tax notices
  321  mailed in November 2030 through 2035, $15 per acre; and for the
  322  tax notices mailed in November 2036 2017 and thereafter, shall
  323  be $10 per acre. Proceeds from the tax shall be used for design,
  324  construction, and implementation of the Long-Term Plan,
  325  including operation and maintenance, and research for the
  326  projects and strategies in the Long-Term Plan, including the
  327  enhancements and operation and maintenance of the Everglades
  328  Construction Project.
  329         (h) In recognition of the findings set forth in subsection
  330  (1), the Legislature finds that the assessment and use of the
  331  Everglades agricultural privilege tax is a matter of concern to
  332  all areas of Florida. and The Legislature intends this act to be
  333  a general law authorization of the Everglades agricultural
  334  privilege tax within the meaning of s. 9, Art. VII of the State
  335  Constitution and further intends that payment of the tax, in
  336  addition to payment of the cost of continuing implementation of
  337  BMPs, fulfills complies with the obligations of owners and users
  338  of land under s. 7(b), Art. II of the State Constitution.
  339         Section 2. Beginning in the 2013-2014 fiscal year and each
  340  year thereafter through the 2023-2024 fiscal year, the sum of
  341  $12 million in recurring general revenue funds and $20 million
  342  in recurring funds from the Water Management Lands Trust Fund is
  343  appropriated to the Department of Environmental Protection for
  344  the Restoration Strategies Regional Water Quality Plan. This
  345  section shall take effect July 1, 2013.
  346         Section 3. Except as otherwise expressly provided in this
  347  act, this act shall take effect upon becoming a law.