Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 447
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENAT/C         
             03/09/2016 04:57 PM       .      03/10/2016 05:01 PM       

       Senator Flores moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 199 - 305
    4  and insert:
    5         (a) Everglades restoration bonds, except refunding bonds,
    6  may be issued only in fiscal years 2002-2003 through 2019-2020
    7  and may not be issued in an amount exceeding $100 million per
    8  fiscal year unless:
    9         1. The Department of Environmental Protection has requested
   10  additional amounts in order to achieve cost savings or
   11  accelerate the purchase of land; or
   12         2. The Legislature authorizes an additional amount of bonds
   13  not to exceed $200 million, and limited to $50 million per
   14  fiscal year, specifically for the purpose of funding the Florida
   15  Keys Area of Critical State Concern protection program and the
   16  City of Key West Area of Critical State Concern. Proceeds from
   17  the bonds shall be managed by the Department of Environmental
   18  Protection for the purpose of entering into financial assistance
   19  agreements with local governments located in the Florida Keys
   20  Area of Critical State Concern or the City of Key West Area of
   21  Critical State Concern to finance or refinance the cost of
   22  constructing sewage collection, treatment, and disposal
   23  facilities or building projects that protect, restore, or
   24  enhance nearshore water quality and fisheries, such as
   25  stormwater or canal restoration projects and projects to protect
   26  water resources available to the Florida Keys.
   27         (b) The duration of Everglades restoration bonds may not
   28  exceed 20 annual maturities and must mature by December 31, 2047
   29  2040. Except for refunding bonds, a series of bonds may not be
   30  issued unless an amount equal to the debt service coming due in
   31  the year of issuance has been appropriated by the Legislature.
   32  Not more than 58.25 percent of documentary stamp taxes collected
   33  may be taken into account for the purpose of satisfying an
   34  additional bonds test set forth in any authorizing resolution
   35  for bonds issued on or after July 1, 2015. Beginning July 1,
   36  2010, the Legislature shall analyze the ratio of the state’s
   37  debt to projected revenues before authorizing the issuance of
   38  bonds under this section.
   39         (7)If the South Florida Water Management District and the
   40  Department of Environmental Protection determine that lands
   41  purchased using bond proceeds within the Florida Keys Area of
   42  Critical State Concern, the City of Key West Area of Critical
   43  State Concern, or outside the Florida Keys Area of Critical
   44  State Concern but which were purchased to preserve and protect
   45  the potable water supply to the Florida Keys, are no longer
   46  needed for the purpose for which they were purchased, the entity
   47  owning the lands may dispose of them. However, before the lands
   48  can be disposed of, each general purpose local government within
   49  the boundaries of which a portion of the land lies must agree to
   50  the disposal of lands within its boundaries and must be offered
   51  the first right to purchase those lands.
   52         Section 4. Section 259.045, Florida Statutes, is amended to
   53  read:
   54         259.045 Purchase of lands in areas of critical state
   55  concern; recommendations by department and land authorities.
   56  Within 45 days after of the designation by the Administration
   57  Commission designates of an area as an area of critical state
   58  concern under s. 380.05, and annually thereafter, the Department
   59  of Environmental Protection shall consider the recommendations
   60  of the state land planning agency pursuant to s. 380.05(1)(a)
   61  relating to purchase of lands within an area of critical state
   62  concern or lands outside an area of critical state concern that
   63  directly impact an area of critical state concern, which may
   64  include lands used to preserve and protect water supply, the
   65  proposed area and shall make recommendations to the board with
   66  respect to the purchase of the fee or any lesser interest in any
   67  such lands that are: situated in such area of critical state
   68  concern as
   69         (1) Environmentally endangered lands; or
   70         (2) Outdoor recreation lands;
   71         (3)Lands that conserve sensitive habitat;
   72         (4)Lands that protect, restore, or enhance nearshore water
   73  quality and fisheries;
   74         (5)Lands used to protect and enhance water supply to the
   75  Florida Keys, including alternative water supplies such as
   76  reverse osmosis and reclaimed water systems; or
   77         (6)Lands used to prevent or satisfy private property
   78  rights claims resulting from limitations imposed by the
   79  designation of an area of critical state concern if the
   80  acquisition of such lands fulfills a public purpose listed in s.
   81  259.032(2).
   83  The department, a local government, a special district, or and a
   84  land authority within an area of critical state concern as
   85  authorized in chapter 380, may make recommendations with respect
   86  to additional purchases which were not included in the state
   87  land planning agency recommendations.
   88         Section 5. Paragraph (b) of subsection (3) of section
   89  259.105, Florida Statutes, is amended to read:
   90         259.105 The Florida Forever Act.—
   91         (3) Less the costs of issuing and the costs of funding
   92  reserve accounts and other costs associated with bonds, the
   93  proceeds of cash payments or bonds issued pursuant to this
   94  section shall be deposited into the Florida Forever Trust Fund
   95  created by s. 259.1051. The proceeds shall be distributed by the
   96  Department of Environmental Protection in the following manner:
   97         (b) Thirty-five percent to the Department of Environmental
   98  Protection for the acquisition of lands and capital project
   99  expenditures described in this section. Of the proceeds
  100  distributed pursuant to this paragraph, it is the intent of the
  101  Legislature that an increased priority be given to those
  102  acquisitions which achieve a combination of conservation goals,
  103  including protecting Florida’s water resources and natural
  104  groundwater recharge. At a minimum, 3 percent, and no more than
  105  10 percent, of the funds allocated pursuant to this paragraph
  106  shall be spent on capital project expenditures identified during
  107  the time of acquisition which meet land management planning
  108  activities necessary for public access. Beginning in the 2017
  109  2018 fiscal year and continuing through the 2026-2027 fiscal
  110  year, at least $5 million of the funds allocated pursuant to
  111  this paragraph shall be spent on land acquisition within the
  112  Florida Keys Area of Critical State Concern as authorized
  113  pursuant to s. 259.045.
  114         Section 6. For the 2016-2017 fiscal year, the sum of $5
  115  million in nonrecurring funds from the General Revenue Fund is
  116  appropriated to the Department of Environmental Protection to be
  117  distributed in accordance with the existing interlocal agreement
  118  among the Village of Islamorada, the Key Largo Wastewater
  119  Treatment District, the City of Marathon, the Monroe
  120  County/Florida Keys Aqueduct Authority, the City of Key West,
  121  and Key Colony Beach, for the purposes of constructing sewage
  122  collection, treatment, and disposal facilities; implementing
  123  stormwater collection and treatment systems; canal restoration
  124  and muck remediation projects; and projects that protect and
  125  enhance water supply in the Florida Keys Area of Critical State
  126  Concern and the City of Key West Area of Critical State Concern;
  127  or, for the purposes of land acquisition within the Florida Keys
  128  Area of Critical Concern as authorized pursuant to s. 259.045,
  129  Florida Statutes, with increased priority given to those
  130  acquisitions that achieve a combination of conservation goals,
  131  including protecting Florida’s water resources and natural
  132  groundwater recharge. A local government requesting disbursement
  133  pursuant to this appropriation shall provide the Department of
  134  Environmental Protection with such documentation as the
  135  department deems necessary to verify that the costs are properly
  136  incurred and work has been performed.
  138  ================= T I T L E  A M E N D M E N T ================
  139  And the title is amended as follows:
  140         Delete lines 16 - 34
  141  and insert:
  142         revising the date for the maturity of Everglades
  143         restoration bonds; authorizing bond proceeds to be
  144         spent on the City of Key West Area of Critical State
  145         Concern; expanding projects that may be funded by bond
  146         proceeds; specifying procedures to be followed for
  147         certain lands that are no longer needed for certain
  148         restoration purposes; amending s. 259.045, F.S.;
  149         requiring the Department of Environmental Protection
  150         to annually consider certain recommendations to buy
  151         specific lands within and outside an area of critical
  152         state concern; authorizing certain local governments
  153         and special districts to recommend additional lands
  154         for purchase; amending s. 259.105, F.S.; requiring
  155         specific Florida Forever appropriations to be used for
  156         the purchase of lands in the Florida Keys Area of
  157         Critical State Concern; providing an appropriation;
  158         amending s. 380.0552, F.S.;