Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 770
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2016           .                                

       Appropriations Subcommittee on General Government (Simpson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Florida Keys
    6  Stewardship Act.”
    7         Section 2. Paragraph (d) of subsection (2) of section
    8  212.055, Florida Statutes, is amended to read:
    9         212.055 Discretionary sales surtaxes; legislative intent;
   10  authorization and use of proceeds.—It is the legislative intent
   11  that any authorization for imposition of a discretionary sales
   12  surtax shall be published in the Florida Statutes as a
   13  subsection of this section, irrespective of the duration of the
   14  levy. Each enactment shall specify the types of counties
   15  authorized to levy; the rate or rates which may be imposed; the
   16  maximum length of time the surtax may be imposed, if any; the
   17  procedure which must be followed to secure voter approval, if
   18  required; the purpose for which the proceeds may be expended;
   19  and such other requirements as the Legislature may provide.
   20  Taxable transactions and administrative procedures shall be as
   21  provided in s. 212.054.
   23         (d) The proceeds of the surtax authorized by this
   24  subsection and any accrued interest shall be expended by the
   25  school district, within the county and municipalities within the
   26  county, or, in the case of a negotiated joint county agreement,
   27  within another county, to finance, plan, and construct
   28  infrastructure; to acquire any interest in land for public
   29  recreation, conservation, or protection of natural resources or
   30  to prevent or satisfy private property rights claims resulting
   31  from limitations imposed by the designation of an area of
   32  critical state concern; to provide loans, grants, or rebates to
   33  residential or commercial property owners who make energy
   34  efficiency improvements to their residential or commercial
   35  property, if a local government ordinance authorizing such use
   36  is approved by referendum; or to finance the closure of county
   37  owned or municipally owned solid waste landfills that have been
   38  closed or are required to be closed by order of the Department
   39  of Environmental Protection. Any use of the proceeds or interest
   40  for purposes of landfill closure before July 1, 1993, is
   41  ratified. The proceeds and any interest may not be used for the
   42  operational expenses of infrastructure, except that a county
   43  that has a population of fewer than 75,000 and that is required
   44  to close a landfill may use the proceeds or interest for long
   45  term maintenance costs associated with landfill closure.
   46  Counties, as defined in s. 125.011, and charter counties may, in
   47  addition, use the proceeds or interest to retire or service
   48  indebtedness incurred for bonds issued before July 1, 1987, for
   49  infrastructure purposes, and for bonds subsequently issued to
   50  refund such bonds. Any use of the proceeds or interest for
   51  purposes of retiring or servicing indebtedness incurred for
   52  refunding bonds before July 1, 1999, is ratified.
   53         1. For the purposes of this paragraph, the term
   54  “infrastructure” means:
   55         a. Any fixed capital expenditure or fixed capital outlay
   56  associated with the construction, reconstruction, or improvement
   57  of public facilities that have a life expectancy of 5 or more
   58  years, and any related land acquisition, land improvement,
   59  design, and engineering costs, and all other professional and
   60  related costs required to bring the public facilities into
   61  service. For purposes of this sub-subparagraph, the term “public
   62  facilities” means public facilities as defined in s.
   63  163.3164(38), s. 163.3221(13), or s. 189.012(5), regardless of
   64  whether the facilities are owned by the local taxing authority
   65  or another governmental entity.
   66         b. A fire department vehicle, an emergency medical service
   67  vehicle, a sheriff’s office vehicle, a police department
   68  vehicle, or any other vehicle, and the equipment necessary to
   69  outfit the vehicle for its official use or equipment that has a
   70  life expectancy of at least 5 years.
   71         c. Any expenditure for the construction, lease, or
   72  maintenance of, or provision of utilities or security for,
   73  facilities, as defined in s. 29.008.
   74         d. Any fixed capital expenditure or fixed capital outlay
   75  associated with the improvement of private facilities that have
   76  a life expectancy of 5 or more years and that the owner agrees
   77  to make available for use on a temporary basis as needed by a
   78  local government as a public emergency shelter or a staging area
   79  for emergency response equipment during an emergency officially
   80  declared by the state or by the local government under s.
   81  252.38. Such improvements are limited to those necessary to
   82  comply with current standards for public emergency evacuation
   83  shelters. The owner must enter into a written contract with the
   84  local government providing the improvement funding to make the
   85  private facility available to the public for purposes of
   86  emergency shelter at no cost to the local government for a
   87  minimum of 10 years after completion of the improvement, with
   88  the provision that the obligation will transfer to any
   89  subsequent owner until the end of the minimum period.
   90         e. Any land acquisition expenditure for a residential
   91  housing project in which at least 30 percent of the units are
   92  affordable to individuals or families whose total annual
   93  household income does not exceed 120 percent of the area median
   94  income adjusted for household size, if the land is owned by a
   95  local government or by a special district that enters into a
   96  written agreement with the local government to provide such
   97  housing. The local government or special district may enter into
   98  a ground lease with a public or private person or entity for
   99  nominal or other consideration for the construction of the
  100  residential housing project on land acquired pursuant to this
  101  sub-subparagraph.
  102         2. For the purposes of this paragraph, the term “energy
  103  efficiency improvement” means any energy conservation and
  104  efficiency improvement that reduces consumption through
  105  conservation or a more efficient use of electricity, natural
  106  gas, propane, or other forms of energy on the property,
  107  including, but not limited to, air sealing; installation of
  108  insulation; installation of energy-efficient heating, cooling,
  109  or ventilation systems; installation of solar panels; building
  110  modifications to increase the use of daylight or shade;
  111  replacement of windows; installation of energy controls or
  112  energy recovery systems; installation of electric vehicle
  113  charging equipment; installation of systems for natural gas fuel
  114  as defined in s. 206.9951; and installation of efficient
  115  lighting equipment.
  116         3. Notwithstanding any other provision of this subsection,
  117  a local government infrastructure surtax imposed or extended
  118  after July 1, 1998, may allocate up to 15 percent of the surtax
  119  proceeds for deposit into a trust fund within the county’s
  120  accounts created for the purpose of funding economic development
  121  projects having a general public purpose of improving local
  122  economies, including the funding of operational costs and
  123  incentives related to economic development. The ballot statement
  124  must indicate the intention to make an allocation under the
  125  authority of this subparagraph.
  126         Section 3. Subsection (1) of section 215.619, Florida
  127  Statutes, is amended, present subsections (7) and (8) are
  128  renumbered as subsections (8) and (9), respectively, and a new
  129  subsection (7) is added to that section, to read:
  130         215.619 Bonds for Everglades restoration.—
  131         (1) The issuance of Everglades restoration bonds to finance
  132  or refinance the cost of the acquisition and improvement of
  133  land, water areas, and related property interests and resources
  134  for the purpose of implementing the Comprehensive Everglades
  135  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
  136  Protection Plan under s. 373.4595, the Caloosahatchee River
  137  Watershed Protection Plan under s. 373.4595, the St. Lucie River
  138  Watershed Protection Plan under s. 373.4595, the City of Key
  139  West Area of Critical State Concern as designated by the
  140  Administration Commission pursuant to s. 380.05, and the Florida
  141  Keys Area of Critical State Concern protection program under ss.
  142  380.05 and 380.0552 in order to restore and conserve natural
  143  systems through the implementation of water management projects,
  144  including projects that protect, restore, or enhance nearshore
  145  water quality and fisheries, such as stormwater or canal
  146  restoration projects, projects to protect water resources
  147  available to the Florida Keys, including wastewater management
  148  projects identified in the Keys Wastewater Plan, dated November
  149  2007, and submitted to the Florida House of Representatives on
  150  December 4, 2007, is authorized in accordance with s. 11(e),
  151  Art. VII of the State Constitution.
  152         (a) Everglades restoration bonds, except refunding bonds,
  153  may be issued only in fiscal years 2002-2003 through 2026-2027
  154  2019-2020 and may not be issued in an amount exceeding $100
  155  million per fiscal year unless:
  156         1. The Department of Environmental Protection has requested
  157  additional amounts in order to achieve cost savings or
  158  accelerate the purchase of land; or
  159         2. Beginning in fiscal year 2016-2017, the Legislature
  160  authorizes an additional amount of bonds not to exceed $200
  161  million, and limited to $20 $50 million per fiscal year,
  162  specifically for the purpose of funding the Florida Keys Area of
  163  Critical State Concern protection program and the City of Key
  164  West Area of Critical State Concern. Proceeds from the bonds
  165  shall be managed by the Department of Environmental Protection
  166  for the purpose of entering into financial assistance agreements
  167  with local governments located in the Florida Keys Area of
  168  Critical State Concern or the City of Key West Area of Critical
  169  State Concern to finance or refinance the cost of constructing
  170  sewage collection, treatment, and disposal facilities or
  171  building projects that protect, restore, or enhance nearshore
  172  water quality and fisheries, such as stormwater or canal
  173  restoration projects and projects to protect water resources
  174  available to the Florida Keys.
  175         (b) The duration of Everglades restoration bonds may not
  176  exceed 20 annual maturities and must mature by December 31, 2047
  177  2040. Except for refunding bonds, a series of bonds may not be
  178  issued unless an amount equal to the debt service coming due in
  179  the year of issuance has been appropriated by the Legislature.
  180  Not more than 58.25 percent of documentary stamp taxes collected
  181  may be taken into account for the purpose of satisfying an
  182  additional bonds test set forth in any authorizing resolution
  183  for bonds issued on or after July 1, 2015. Beginning July 1,
  184  2010, the Legislature shall analyze the ratio of the state’s
  185  debt to projected revenues before authorizing the issuance of
  186  bonds under this section.
  187         (7)If the South Florida Water Management District and the
  188  Department of Environmental Protection determine that lands
  189  purchased using bond proceeds within the Florida Keys Area of
  190  Critical State Concern, the City of Key West Area of Critical
  191  State Concern, or outside the Florida Keys Area of Critical
  192  State Concern but which were purchased to preserve and protect
  193  the potable water supply to the Florida Keys are no longer
  194  needed for the purpose for which they were purchased, the entity
  195  owning the lands may dispose of them. However, before the lands
  196  can be disposed of, each general-purpose local government within
  197  the boundaries of which a portion of the land lies must agree to
  198  the disposal of lands within its boundaries and must be offered
  199  the first right to purchase those lands.
  200         Section 4. Section 259.045, Florida Statutes, is amended to
  201  read:
  202         259.045 Purchase of lands in areas of critical state
  203  concern; recommendations by department and land authorities.
  204  Within 45 days after of the designation by the Administration
  205  Commission designates of an area as an area of critical state
  206  concern under s. 380.05, and annually thereafter, the Department
  207  of Environmental Protection shall consider the recommendations
  208  of the state land planning agency pursuant to s. 380.05(1)(a)
  209  relating to purchase of lands within an area of critical state
  210  concern or lands outside an area of critical state concern which
  211  directly impact an area of critical state concern, which may
  212  include lands used to preserve and protect water supply, the
  213  proposed area and shall make recommendations to the board with
  214  respect to the purchase of the fee or any lesser interest in any
  215  such lands that are: situated in such area of critical state
  216  concern as
  217         (1) Environmentally endangered lands; or
  218         (2) Outdoor recreation lands;
  219         (3)Lands that conserve sensitive habitat;
  220         (4)Lands that protect, restore, or enhance nearshore water
  221  quality and fisheries;
  222         (5)Lands used to protect and enhance water supply to the
  223  Florida Keys, including alternative water supplies such as
  224  reverse osmosis and reclaimed water systems; or
  225         (6)Lands used to prevent or satisfy private property
  226  rights claims resulting from limitations imposed by the
  227  designation of an area of critical state concern.
  229  The department, or a local government, special district, or and
  230  a land authority within an area of critical state concern as
  231  authorized in chapter 380, may make recommendations with respect
  232  to additional purchases which were not included in the state
  233  land planning agency recommendations.
  234         Section 5. Paragraph (b) of subsection (3) of section
  235  259.105, Florida Statutes, is amended to read:
  236         259.105 The Florida Forever Act.—
  237         (3) Less the costs of issuing and the costs of funding
  238  reserve accounts and other costs associated with bonds, the
  239  proceeds of cash payments or bonds issued pursuant to this
  240  section shall be deposited into the Florida Forever Trust Fund
  241  created by s. 259.1051. The proceeds shall be distributed by the
  242  Department of Environmental Protection in the following manner:
  243         (b) Thirty-five percent to the Department of Environmental
  244  Protection for the acquisition of lands and capital project
  245  expenditures described in this section. Of the proceeds
  246  distributed pursuant to this paragraph, it is the intent of the
  247  Legislature that an increased priority be given to those
  248  acquisitions which achieve a combination of conservation goals,
  249  including protecting Florida’s water resources and natural
  250  groundwater recharge. At a minimum, 3 percent, and no more than
  251  10 percent, of the funds allocated pursuant to this paragraph
  252  shall be spent on capital project expenditures identified during
  253  the time of acquisition which meet land management planning
  254  activities necessary for public access. Beginning in fiscal year
  255  2016-2017 and continuing through fiscal year 2026-2027, at least
  256  $5 million of the funds allocated pursuant to this paragraph
  257  shall be spent on land acquisition within the Florida Keys Area
  258  of Critical State Concern.
  259         Section 6. Paragraph (i) of subsection (2) and paragraph
  260  (i) of subsection (7) of section 380.0552, Florida Statutes, are
  261  amended to read:
  262         380.0552 Florida Keys Area; protection and designation as
  263  area of critical state concern.—
  264         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  265  to:
  266         (i) Protect and improve the nearshore water quality of the
  267  Florida Keys through federal, state, and local funding of water
  268  quality improvement projects, including the construction and
  269  operation of wastewater management facilities that meet the
  270  requirements of ss. 381.0065(4)(l) and 403.086(10), as
  271  applicable.
  272         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  273  and local agencies and units of government in the Florida Keys
  274  Area shall coordinate their plans and conduct their programs and
  275  regulatory activities consistent with the principles for guiding
  276  development as specified in chapter 27F-8, Florida
  277  Administrative Code, as amended effective August 23, 1984, which
  278  is adopted and incorporated herein by reference. For the
  279  purposes of reviewing the consistency of the adopted plan, or
  280  any amendments to that plan, with the principles for guiding
  281  development, and any amendments to the principles, the
  282  principles shall be construed as a whole and specific provisions
  283  may not be construed or applied in isolation from the other
  284  provisions. However, the principles for guiding development are
  285  repealed 18 months from July 1, 1986. After repeal, any plan
  286  amendments must be consistent with the following principles:
  287         (i) Protecting and improving water quality by providing for
  288  the construction, operation, maintenance, and replacement of
  289  stormwater management facilities; central sewage collection;
  290  treatment and disposal facilities; and the installation and
  291  proper operation and maintenance of onsite sewage treatment and
  292  disposal systems; and other water quality and water supply
  293  projects, including direct and indirect potable reuse.
  294         Section 7. Subsection (3) of section 380.0666, Florida
  295  Statutes, is amended to read:
  296         380.0666 Powers of land authority.—The land authority shall
  297  have all the powers necessary or convenient to carry out and
  298  effectuate the purposes and provisions of this act, including
  299  the following powers, which are in addition to all other powers
  300  granted by other provisions of this act:
  301         (3) To acquire and dispose of real and personal property or
  302  any interest therein when such acquisition is necessary or
  303  appropriate to protect the natural environment, provide public
  304  access or public recreational facilities, preserve wildlife
  305  habitat areas, provide affordable housing to families whose
  306  income does not exceed 160 percent of the median family income
  307  for the area, prevent or satisfy private property rights claims
  308  resulting from limitations imposed by the designation of an area
  309  of critical state concern, or provide access to management of
  310  acquired lands; to acquire interests in land by means of land
  311  exchanges; to contribute tourist impact tax revenues received
  312  pursuant to s. 125.0108 to its most populous municipality or the
  313  housing authority of such municipality, at the request of the
  314  commission or council of such municipality, for the
  315  construction, redevelopment, or preservation of affordable
  316  housing in an area of critical state concern within such
  317  municipality; to contribute funds to the Department of
  318  Environmental Protection for the purchase of lands by the
  319  department; and to enter into all alternatives to the
  320  acquisition of fee interests in land, including, but not limited
  321  to, the acquisition of easements, development rights, life
  322  estates, leases, and leaseback arrangements. However, the land
  323  authority shall make an such acquisition or contribution only
  324  if:
  325         (a) Such acquisition or contribution is consistent with
  326  land development regulations and local comprehensive plans
  327  adopted and approved pursuant to this chapter;
  328         (b) The property acquired is within an area designated as
  329  an area of critical state concern at the time of acquisition or
  330  is within an area that was designated as an area of critical
  331  state concern for at least 20 consecutive years prior to removal
  332  of the designation; and
  333         (c) The property to be acquired has not been selected for
  334  purchase through another local, regional, state, or federal
  335  public land acquisition program. Such restriction shall not
  336  apply if the land authority cooperates with the other public
  337  land acquisition programs which listed the lands for
  338  acquisition, to coordinate the acquisition and disposition of
  339  such lands. In such cases, the land authority may enter into
  340  contractual or other agreements to acquire lands jointly or for
  341  eventual resale to other public land acquisition programs; and
  342         (d)Such acquisition or contribution is not used to improve
  343  public transportation facilities or otherwise increase road
  344  capacity to reduce hurricane evacuation clearance times.
  345         Section 8. This act shall take effect July 1, 2016.
  347  ================= T I T L E  A M E N D M E N T ================
  348  And the title is amended as follows:
  349         Delete everything before the enacting clause
  350  and insert:
  351                        A bill to be entitled                      
  352         An act relating to local government environmental
  353         financing; providing a short title; amending s.
  354         212.055, F.S.; expanding the uses of local government
  355         infrastructure surtaxes to include acquiring any
  356         interest in land for public recreation, conservation,
  357         or protection of natural resources or to prevent or
  358         satisfy private property rights claims resulting from
  359         limitations imposed by the designation of an area of
  360         critical state concern; revising a definition and
  361         providing a definition for purposes of using surtax
  362         proceeds; amending s. 215.619, F.S.; expanding the use
  363         of Everglades restoration bonds to include the City of
  364         Key West Area of Critical State Concern; expanding the
  365         types of water management projects eligible for
  366         funding; revising the dates for issuance and maturity
  367         of Everglades restoration bonds; reducing the annual
  368         appropriation amount dedicated to fund the Florida
  369         Keys Area of Critical State Concern protection
  370         program; authorizing bond proceeds to be spent on the
  371         City of Key West Area of Critical State Concern;
  372         expanding projects that may be funded by bond
  373         proceeds; specifying procedures to be followed for
  374         certain lands that are no longer needed for certain
  375         restoration purposes; amending s. 259.045, F.S.;
  376         requiring the Department of Environmental Protection
  377         to annually consider certain recommendations to buy
  378         specific lands within and outside an area of critical
  379         state concern; authorizing certain entities to
  380         recommend additional lands for purchase; amending s.
  381         259.105, F.S.; requiring specific Florida Forever
  382         appropriations to be used for the purchase of lands in
  383         the Florida Keys Area of Critical State Concern;
  384         amending s. 380.0552, F.S.; revising legislative
  385         intent regarding the Florida Keys Area of Critical
  386         State Concern; specifying that plan amendments in the
  387         Florida Keys must also be consistent with protecting
  388         and improving specified water quality and water supply
  389         projects; amending s. 380.0666, F.S.; expanding powers
  390         of a land authority to include acquiring lands to
  391         prevent or satisfy private property rights claims
  392         resulting from limitations imposed by the designation
  393         of an area of critical state concern and contribute
  394         funds for certain land purchases by the department;
  395         providing limitations relating to acquiring or
  396         contributing lands to improve public transportation
  397         facilities; providing an effective date.