Florida Senate - 2016                                     SB 770
       By Senator Simpson
       18-00925-16                                            2016770__
    1                        A bill to be entitled                      
    2         An act relating to local government environmental
    3         financing; providing a short title; amending s.
    4         212.055, F.S.; expanding the use of local government
    5         infrastructure surtaxes to include acquiring any
    6         interest in land for public recreation, conservation,
    7         or protection of natural resources or to reduce
    8         impacts of new development on hurricane evacuation
    9         clearance times; revising definitions for purposes of
   10         using surtax proceeds; amending s. 215.619, F.S.;
   11         expanding the use of Everglades restoration bonds to
   12         include the City of Key West Area of Critical State
   13         Concern; expanding the types of water management
   14         projects eligible for funding; revising the dates for
   15         issuance and maturity of Everglades restoration bonds;
   16         reducing the annual appropriation amount dedicated to
   17         fund the Florida Keys Area of Critical State Concern
   18         protection program; authorizing bond proceeds to be
   19         spent on the City of Key West Area of Critical State
   20         Concern; expanding projects that may be funded by bond
   21         proceeds; specifying procedures for certain lands that
   22         are no longer needed for certain restoration purposes;
   23         amending s. 259.045, F.S.; requiring the Department of
   24         Environmental Protection to annually consider certain
   25         recommendations to buy specific lands within and
   26         outside an area of critical state concern; authorizing
   27         certain local governments and special districts to
   28         recommend additional lands for purchase; amending s.
   29         259.105, F.S.; revising Florida Forever provisions to
   30         recognize the diminishment of coral reefs; requiring
   31         specific Florida Forever appropriations to be used for
   32         the purchase of lands in the Florida Keys Area of
   33         Critical State Concern; amending s. 380.0552, F.S.;
   34         revising legislative intent regarding the Florida Keys
   35         Area of Critical State Concern; specifying that plan
   36         amendments in the Florida Keys must also be consistent
   37         with protecting and improving specified water quality
   38         and water supply projects; amending s. 380.0666, F.S.;
   39         expanding powers of a land authority to include
   40         acquiring lands to reduce impacts of new development
   41         on hurricane evacuation clearance times and contribute
   42         funds for certain land purchases by the department;
   43         providing a contingent appropriation; providing an
   44         effective date.
   46  Be It Enacted by the Legislature of the State of Florida:
   48         Section 1. This act may be cited as the “Florida Keys
   49  Stewardship Act.”
   50         Section 2. Paragraph (d) of subsection (2) of section
   51  212.055, Florida Statutes, is amended to read:
   52         212.055 Discretionary sales surtaxes; legislative intent;
   53  authorization and use of proceeds.—It is the legislative intent
   54  that any authorization for imposition of a discretionary sales
   55  surtax shall be published in the Florida Statutes as a
   56  subsection of this section, irrespective of the duration of the
   57  levy. Each enactment shall specify the types of counties
   58  authorized to levy; the rate or rates which may be imposed; the
   59  maximum length of time the surtax may be imposed, if any; the
   60  procedure which must be followed to secure voter approval, if
   61  required; the purpose for which the proceeds may be expended;
   62  and such other requirements as the Legislature may provide.
   63  Taxable transactions and administrative procedures shall be as
   64  provided in s. 212.054.
   66         (d) The proceeds of the surtax authorized by this
   67  subsection and any accrued interest shall be expended by the
   68  school district, within the county and municipalities within the
   69  county, or, in the case of a negotiated joint county agreement,
   70  within another county, to finance, plan, and construct
   71  infrastructure; to acquire any interest in land for public
   72  recreation, conservation, or protection of natural resources; or
   73  to reduce the impacts of additional development on hurricane
   74  evacuation clearance times; to provide loans, grants, or rebates
   75  to residential or commercial property owners who make energy
   76  efficiency improvements to their residential or commercial
   77  property, if a local government ordinance authorizing such use
   78  is approved by referendum; or to finance the closure of county
   79  owned or municipally owned solid waste landfills that have been
   80  closed or are required to be closed by order of the Department
   81  of Environmental Protection. Any use of the proceeds or interest
   82  for purposes of landfill closure before July 1, 1993, is
   83  ratified. The proceeds and any interest may not be used for the
   84  operational expenses of infrastructure, except that a county
   85  that has a population of fewer than 75,000 and that is required
   86  to close a landfill may use the proceeds or interest for long
   87  term maintenance costs associated with landfill closure.
   88  Counties, as defined in s. 125.011, and charter counties may, in
   89  addition, use the proceeds or interest to retire or service
   90  indebtedness incurred for bonds issued before July 1, 1987, for
   91  infrastructure purposes, and for bonds subsequently issued to
   92  refund such bonds. Any use of the proceeds or interest for
   93  purposes of retiring or servicing indebtedness incurred for
   94  refunding bonds before July 1, 1999, is ratified.
   95         1. For the purposes of this paragraph, the term
   96  “infrastructure” means:
   97         a. Any fixed capital expenditure or fixed capital outlay
   98  associated with the construction, reconstruction, or improvement
   99  of public facilities that have a life expectancy of 5 or more
  100  years, and any related land acquisition, land improvement,
  101  design, and engineering costs, and all other professional and
  102  related costs required to bring the public facilities into
  103  service. For purposes of this sub-subparagraph, the term “public
  104  facility” means a facility as defined in s. 163.3164(38), s.
  105  163.3221(13), or s. 189.012(5), regardless of whether the
  106  facility is owned by the local taxing authority or another
  107  governmental entity.
  108         b. A fire department vehicle, an emergency medical service
  109  vehicle, a sheriff’s office vehicle, a police department
  110  vehicle, or any other vehicle, and the equipment necessary to
  111  outfit the vehicle for its official use or equipment that has a
  112  life expectancy of at least 5 years.
  113         c. Any expenditure for the construction, lease, or
  114  maintenance of, or provision of utilities or security for,
  115  facilities, as defined in s. 29.008.
  116         d. Any fixed capital expenditure or fixed capital outlay
  117  associated with the improvement of private facilities that have
  118  a life expectancy of 5 or more years and that the owner agrees
  119  to make available for use on a temporary basis as needed by a
  120  local government as a public emergency shelter or a staging area
  121  for emergency response equipment during an emergency officially
  122  declared by the state or by the local government under s.
  123  252.38. Such improvements are limited to those necessary to
  124  comply with current standards for public emergency evacuation
  125  shelters. The owner must enter into a written contract with the
  126  local government providing the improvement funding to make the
  127  private facility available to the public for purposes of
  128  emergency shelter at no cost to the local government for a
  129  minimum of 10 years after completion of the improvement, with
  130  the provision that the obligation will transfer to any
  131  subsequent owner until the end of the minimum period.
  132         e. Any land acquisition expenditure for a residential
  133  housing project in which at least 30 percent of the units are
  134  affordable to individuals or families whose total annual
  135  household income does not exceed 120 percent of the area median
  136  income adjusted for household size, if the land is owned by a
  137  local government or by a special district that enters into a
  138  written agreement with the local government to provide such
  139  housing. The local government or special district may enter into
  140  a ground lease with a public or private person or entity for
  141  nominal or other consideration for the construction of the
  142  residential housing project on land acquired pursuant to this
  143  sub-subparagraph.
  144         2. For the purposes of this paragraph, the term “energy
  145  efficiency improvement” means any energy conservation and
  146  efficiency improvement that reduces consumption through
  147  conservation or a more efficient use of electricity, natural
  148  gas, propane, or other forms of energy on the property,
  149  including, but not limited to, air sealing; installation of
  150  insulation; installation of energy-efficient heating, cooling,
  151  or ventilation systems; installation of solar panels; building
  152  modifications to increase the use of daylight or shade;
  153  replacement of windows; installation of energy controls or
  154  energy recovery systems; installation of electric vehicle
  155  charging equipment; installation of systems for natural gas fuel
  156  as defined in s. 206.9951; and installation of efficient
  157  lighting equipment.
  158         3. Notwithstanding any other provision of this subsection,
  159  a local government infrastructure surtax imposed or extended
  160  after July 1, 1998, may allocate up to 15 percent of the surtax
  161  proceeds for deposit into a trust fund within the county’s
  162  accounts created for the purpose of funding economic development
  163  projects having a general public purpose of improving local
  164  economies, including the funding of operational costs and
  165  incentives related to economic development. The ballot statement
  166  must indicate the intention to make an allocation under the
  167  authority of this subparagraph.
  168         Section 3. Subsection (1) of section 215.619, Florida
  169  Statutes, is amended, subsections (7) and (8) are renumbered as
  170  subsections (8) and (9), respectively, and a new subsection (7)
  171  is added to that section, to read:
  172         215.619 Bonds for Everglades restoration.—
  173         (1) The issuance of Everglades restoration bonds to finance
  174  or refinance the cost of the acquisition and improvement of
  175  land, water areas, and related property interests and resources
  176  for the purpose of implementing the Comprehensive Everglades
  177  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
  178  Protection Plan under s. 373.4595, the Caloosahatchee River
  179  Watershed Protection Plan under s. 373.4595, the St. Lucie River
  180  Watershed Protection Plan under s. 373.4595, the City of Key
  181  West Area of Critical State Concern as designated by the
  182  Administration Commission under s. 380.05, and the Florida Keys
  183  Area of Critical State Concern protection program under ss.
  184  380.05 and 380.0552 in order to restore and conserve natural
  185  systems through the implementation of water management projects,
  186  including projects that protect, restore, or enhance nearshore
  187  water quality and fisheries, such as stormwater or canal
  188  restoration projects, projects to protect and enhance water
  189  supply to the Florida Keys, including alternative water supplies
  190  such as reverse osmosis and reclaimed water systems, and
  191  wastewater management projects identified in the Keys Wastewater
  192  Plan, dated November 2007, and submitted to the Florida House of
  193  Representatives on December 4, 2007, is authorized in accordance
  194  with s. 11(e), Art. VII of the State Constitution.
  195         (a) Everglades restoration bonds, except refunding bonds,
  196  may be issued only in fiscal years 2002-2003 through 2026-2027
  197  2019-2020 and may not be issued in an amount exceeding $100
  198  million per fiscal year unless:
  199         1. The Department of Environmental Protection has requested
  200  additional amounts in order to achieve cost savings or
  201  accelerate the purchase of land; or
  202         2. Beginning in fiscal year 2016-2017, the Legislature
  203  authorizes an additional amount of bonds not to exceed $200
  204  million, and limited to $20 $50 million per fiscal year,
  205  specifically for the purpose of funding the Florida Keys Area of
  206  Critical State Concern protection program. Proceeds from the
  207  bonds shall be managed by the Department of Environmental
  208  Protection for the purpose of entering into financial assistance
  209  agreements with local governments located in the Florida Keys
  210  Area of Critical State Concern or the City of Key West Area of
  211  Critical State Concern to finance or refinance the cost of
  212  constructing sewage collection, treatment, and disposal
  213  facilities or building projects that protect, restore, or
  214  enhance nearshore water quality and fisheries, such as
  215  stormwater or canal restoration projects and projects to protect
  216  and enhance water supply to the Florida Keys, including
  217  alternative water supplies such as reverse osmosis and reclaimed
  218  water systems.
  219         (b) The duration of Everglades restoration bonds may not
  220  exceed 20 annual maturities and must mature by December 31, 2056
  221  2040. Except for refunding bonds, a series of bonds may not be
  222  issued unless an amount equal to the debt service coming due in
  223  the year of issuance has been appropriated by the Legislature.
  224  Not more than 58.25 percent of documentary stamp taxes collected
  225  may be taken into account for the purpose of satisfying an
  226  additional bonds test set forth in any authorizing resolution
  227  for bonds issued on or after July 1, 2015. Beginning July 1,
  228  2010, the Legislature shall analyze the ratio of the state’s
  229  debt to projected revenues before authorizing the issuance of
  230  bonds under this section.
  231         (7) If the South Florida Water Management District and the
  232  Department of Environmental Protection determine that lands
  233  purchased using bond proceeds within the Florida Keys Area of
  234  Critical State Concern, the City of Key West Area of Critical
  235  State Concern, or outside the Florida Keys Area of Critical
  236  State Concern but which were required to be purchased to
  237  preserve and protect the potable water supply to the Florida
  238  Keys are no longer needed for the purpose for which they were
  239  purchased, the entity owning the lands may dispose of them.
  240  However, before the lands can be disposed of, each general
  241  purpose local government within whose boundaries a portion of
  242  the land lies must agree to the disposal of lands within its
  243  boundaries and must be offered the first right to purchase those
  244  lands. If the lands are surplused, they shall either be
  245  surplused at not less than appraised value with the proceeds
  246  from the sale of such lands being deposited into the Save Our
  247  Everglades Trust Fund and used to implement the respective
  248  plans, or the South Florida Water Management District shall use
  249  a different source of funds to pay for or reimburse the Save Our
  250  Everglades Trust Fund for that portion of lands not needed to
  251  implement the respective plans.
  252         Section 4. Section 259.045, Florida Statutes, is amended to
  253  read:
  254         259.045 Purchase of lands in areas of critical state
  255  concern; recommendations by department and land authorities.
  256  Within 45 days after of the designation by the Administration
  257  Commission designates of an area as an area of critical state
  258  concern under s. 380.05, and annually thereafter, the Department
  259  of Environmental Protection shall consider the recommendations
  260  of the state land planning agency pursuant to s. 380.05(1)(a)
  261  relating to purchase of lands within an area of critical state
  262  concern or lands outside an area of critical state concern that
  263  directly impact an area of critical state concern, which may
  264  include lands used to preserve and protect water supply, the
  265  proposed area and shall make recommendations to the board with
  266  respect to the purchase of the fee or any lesser interest in any
  267  such lands that are: situated in such area of critical state
  268  concern as
  269         (1) Environmentally endangered lands; or
  270         (2) Outdoor recreation lands;
  271         (3) Lands that conserve a sensitive habitat;
  272         (4) Lands that protect, restore, or enhance nearshore water
  273  quality and fisheries;
  274         (5) Lands used to protect and enhance water supply to the
  275  Florida Keys, including alternative water supplies such as
  276  reverse osmosis and reclaimed water systems; or
  277         (6) Lands used to prevent or satisfy private property
  278  rights claims resulting from limitations imposed by the
  279  designation of an area of critical state concern.
  281  The department, or a local government, special district, or and
  282  a land authority within an area of critical state concern as
  283  authorized in chapter 380, may make recommendations with respect
  284  to additional purchases which were not included in the state
  285  land planning agency recommendations.
  286         Section 5. Paragraph (a) of subsection (2) and paragraph
  287  (b) of subsection (3) of section 259.105, Florida Statutes, are
  288  amended to read:
  289         259.105 The Florida Forever Act.—
  290         (2)(a) The Legislature finds and declares that:
  291         1. Land acquisition programs have provided tremendous
  292  financial resources for purchasing environmentally significant
  293  lands to protect those lands from imminent development or
  294  alteration, thereby ensuring present and future generations’
  295  access to important waterways, open spaces, and recreation and
  296  conservation lands.
  297         2. The continued alteration and development of Florida’s
  298  natural and rural areas to accommodate the state’s growing
  299  population have contributed to the degradation of water
  300  resources, the fragmentation and destruction of wildlife
  301  habitats, the loss of outdoor recreation space, and the
  302  diminishment of wetlands, forests, working landscapes, and
  303  coastal open space, and coral reefs as defined in s.
  304  403.93345(3).
  305         3. The potential development of Florida’s remaining natural
  306  areas and escalation of land values require government efforts
  307  to restore, bring under public protection, or acquire lands and
  308  water areas to preserve the state’s essential ecological
  309  functions and invaluable quality of life.
  310         4. It is essential to protect the state’s ecosystems by
  311  promoting a more efficient use of land, to ensure opportunities
  312  for viable agricultural activities on working lands, and to
  313  promote vital rural and urban communities that support and
  314  produce development patterns consistent with natural resource
  315  protection.
  316         5. Florida’s groundwater, surface waters, and springs are
  317  under tremendous pressure due to population growth and economic
  318  expansion and require special protection and restoration
  319  efforts, including the protection of uplands and springsheds
  320  that provide vital recharge to aquifer systems and are critical
  321  to the protection of water quality and water quantity of the
  322  aquifers and springs. To ensure that sufficient quantities of
  323  water are available to meet the current and future needs of the
  324  natural systems and citizens of the state, and assist in
  325  achieving the planning goals of the department and the water
  326  management districts, water resource development projects on
  327  public lands, where compatible with the resource values of and
  328  management objectives for the lands, are appropriate.
  329         6. The needs of urban, suburban, and small communities in
  330  Florida for high-quality outdoor recreational opportunities,
  331  greenways, trails, and open space have not been fully met by
  332  previous acquisition programs. Through such programs as the
  333  Florida Communities Trust and the Florida Recreation Development
  334  Assistance Program, the state shall place additional emphasis on
  335  acquiring, protecting, preserving, and restoring open space,
  336  ecological greenways, and recreation properties within urban,
  337  suburban, and rural areas where pristine natural communities or
  338  water bodies no longer exist because of the proximity of
  339  developed property.
  340         7. Many of Florida’s unique ecosystems, such as the Florida
  341  Everglades and coral reefs, are facing ecological collapse due
  342  to Florida’s burgeoning population growth and other economic
  343  activities. To preserve these valuable ecosystems for future
  344  generations, essential parcels of land must be acquired to
  345  facilitate ecosystem restoration.
  346         8. Access to public lands to support a broad range of
  347  outdoor recreational opportunities and the development of
  348  necessary infrastructure, where compatible with the resource
  349  values of and management objectives for such lands, promotes an
  350  appreciation for Florida’s natural assets and improves the
  351  quality of life.
  352         9. Acquisition of lands, in fee simple, less-than-fee
  353  interest, or other techniques shall be based on a comprehensive
  354  science-based assessment of Florida’s natural resources which
  355  targets essential conservation lands by prioritizing all current
  356  and future acquisitions based on a uniform set of data and
  357  planned so as to protect the integrity and function of
  358  ecological systems and working landscapes, and provide multiple
  359  benefits, including preservation of fish and wildlife habitat,
  360  recreation space for urban and rural areas, and the restoration
  361  of natural water storage, flow, and recharge.
  362         10. The state has embraced performance-based program
  363  budgeting as a tool to evaluate the achievements of publicly
  364  funded agencies, build in accountability, and reward those
  365  agencies which are able to consistently achieve quantifiable
  366  goals. While previous and existing state environmental programs
  367  have achieved varying degrees of success, few of these programs
  368  can be evaluated as to the extent of their achievements,
  369  primarily because performance measures, standards, outcomes, and
  370  goals were not established at the outset. Therefore, the Florida
  371  Forever program shall be developed and implemented in the
  372  context of measurable state goals and objectives.
  373         11. The state must play a major role in the recovery and
  374  management of its imperiled species through the acquisition,
  375  restoration, enhancement, and management of ecosystems that can
  376  support the major life functions of such species. It is the
  377  intent of the Legislature to support local, state, and federal
  378  programs that result in net benefit to imperiled species habitat
  379  by providing public and private land owners meaningful
  380  incentives for acquiring, restoring, managing, and repopulating
  381  habitats for imperiled species. It is the further intent of the
  382  Legislature that public lands, both existing and to be acquired,
  383  identified by the lead land managing agency, in consultation
  384  with the Florida Fish and Wildlife Conservation Commission for
  385  animals or the Department of Agriculture and Consumer Services
  386  for plants, as habitat or potentially restorable habitat for
  387  imperiled species, be restored, enhanced, managed, and
  388  repopulated as habitat for such species to advance the goals and
  389  objectives of imperiled species management consistent with the
  390  purposes for which such lands are acquired without restricting
  391  other uses identified in the management plan. It is also the
  392  intent of the Legislature that of the proceeds distributed
  393  pursuant to subsection (3), additional consideration be given to
  394  acquisitions that achieve a combination of conservation goals,
  395  including the restoration, enhancement, management, or
  396  repopulation of habitat for imperiled species. The Acquisition
  397  and Restoration Council, in addition to the criteria in
  398  subsection (9), shall give weight to projects that include
  399  acquisition, restoration, management, or repopulation of habitat
  400  for imperiled species. The term “imperiled species” as used in
  401  this chapter and chapter 253, means plants and animals that are
  402  federally listed under the Endangered Species Act, or state
  403  listed by the Fish and Wildlife Conservation Commission or the
  404  Department of Agriculture and Consumer Services.
  405         a. As part of the state’s role, all state lands that have
  406  imperiled species habitat shall include as a consideration in
  407  management plan development the restoration, enhancement,
  408  management, and repopulation of such habitats. In addition, the
  409  lead land managing agency of such state lands may use fees
  410  received from public or private entities for projects to offset
  411  adverse impacts to imperiled species or their habitat in order
  412  to restore, enhance, manage, repopulate, or acquire land and to
  413  implement land management plans developed under s. 253.034 or a
  414  land management prospectus developed and implemented under this
  415  chapter. Such fees shall be deposited into a foundation or fund
  416  created by each land management agency under s. 379.223, s.
  417  589.012, or s. 259.032(9)(c), to be used solely to restore,
  418  manage, enhance, repopulate, or acquire imperiled species
  419  habitat.
  420         b. Where habitat or potentially restorable habitat for
  421  imperiled species is located on state lands, the Fish and
  422  Wildlife Conservation Commission and the Department of
  423  Agriculture and Consumer Services shall be included on any
  424  advisory group required under chapter 253, and the short-term
  425  and long-term management goals required under chapter 253 must
  426  advance the goals and objectives of imperiled species management
  427  consistent with the purposes for which the land was acquired
  428  without restricting other uses identified in the management
  429  plan.
  430         12. There is a need to change the focus and direction of
  431  the state’s major land acquisition programs and to extend
  432  funding and bonding capabilities, so that future generations may
  433  enjoy the natural resources of this state.
  434         (3) Less the costs of issuing and the costs of funding
  435  reserve accounts and other costs associated with bonds, the
  436  proceeds of cash payments or bonds issued pursuant to this
  437  section shall be deposited into the Florida Forever Trust Fund
  438  created by s. 259.1051. The proceeds shall be distributed by the
  439  Department of Environmental Protection in the following manner:
  440         (b) Thirty-five percent to the Department of Environmental
  441  Protection for the acquisition of lands and capital project
  442  expenditures described in this section. Of the proceeds
  443  distributed pursuant to this paragraph, it is the intent of the
  444  Legislature that an increased priority be given to those
  445  acquisitions which achieve a combination of conservation goals,
  446  including protecting Florida’s water resources and natural
  447  groundwater recharge. At a minimum, 3 percent, and no more than
  448  10 percent, of the funds allocated pursuant to this paragraph
  449  shall be spent on capital project expenditures identified during
  450  the time of acquisition which meet land management planning
  451  activities necessary for public access. Beginning in fiscal year
  452  2016-2017 and continuing through fiscal year 2026-2027, at least
  453  $5 million of the funds allocated pursuant to this paragraph
  454  shall be spent on land acquisition within the Florida Keys Area
  455  of Critical State Concern.
  456         Section 6. Paragraph (i) of subsection (2) and paragraph
  457  (i) of subsection (7) of section 380.0552, Florida Statutes, are
  458  amended to read:
  459         380.0552 Florida Keys Area; protection and designation as
  460  area of critical state concern.—
  461         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  462  to:
  463         (i) Protect and improve the nearshore water quality of the
  464  Florida Keys through state funding of water quality improvement
  465  projects, including the construction and operation of wastewater
  466  management facilities that meet the requirements of ss.
  467  381.0065(4)(l) and 403.086(10), as applicable.
  468         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  469  and local agencies and units of government in the Florida Keys
  470  Area shall coordinate their plans and conduct their programs and
  471  regulatory activities consistent with the principles for guiding
  472  development as specified in chapter 27F-8, Florida
  473  Administrative Code, as amended effective August 23, 1984, which
  474  is adopted and incorporated herein by reference. For the
  475  purposes of reviewing the consistency of the adopted plan, or
  476  any amendments to that plan, with the principles for guiding
  477  development, and any amendments to the principles, the
  478  principles shall be construed as a whole and specific provisions
  479  may not be construed or applied in isolation from the other
  480  provisions. However, the principles for guiding development are
  481  repealed 18 months from July 1, 1986. After repeal, any plan
  482  amendments must be consistent with the following principles:
  483         (i) Protecting and improving water quality by providing for
  484  the construction, operation, maintenance, and replacement of
  485  stormwater management facilities; central sewage collection;
  486  treatment and disposal facilities; and the installation and
  487  proper operation and maintenance of onsite sewage treatment and
  488  disposal systems; and other water quality and water supply
  489  projects, including direct and indirect potable reuse.
  490         Section 7. Subsection (3) of section 380.0666, Florida
  491  Statutes, is amended to read:
  492         380.0666 Powers of land authority.—The land authority shall
  493  have all the powers necessary or convenient to carry out and
  494  effectuate the purposes and provisions of this act, including
  495  the following powers, which are in addition to all other powers
  496  granted by other provisions of this act:
  497         (3) To acquire and dispose of real and personal property or
  498  any interest therein when such acquisition is necessary or
  499  appropriate to protect the natural environment, provide public
  500  access or public recreational facilities, preserve wildlife
  501  habitat areas, provide affordable housing to families whose
  502  income does not exceed 160 percent of the median family income
  503  for the area, reduce the impacts of additional development on
  504  hurricane evacuation clearance times, or provide access to
  505  management of acquired lands; to acquire interests in land by
  506  means of land exchanges; to contribute tourist impact tax
  507  revenues received pursuant to s. 125.0108 to its most populous
  508  municipality or the housing authority of such municipality, at
  509  the request of the commission or council of such municipality,
  510  for the construction, redevelopment, or preservation of
  511  affordable housing in an area of critical state concern within
  512  such municipality; to contribute funds to the Department of
  513  Environmental Protection for the purchase of lands by the
  514  department; and to enter into all alternatives to the
  515  acquisition of fee interests in land, including, but not limited
  516  to, the acquisition of easements, development rights, life
  517  estates, leases, and leaseback arrangements. However, the land
  518  authority shall make an such acquisition or contribution only
  519  if:
  520         (a) Such acquisition or contribution is consistent with
  521  land development regulations and local comprehensive plans
  522  adopted and approved pursuant to this chapter;
  523         (b) The property acquired is within an area designated as
  524  an area of critical state concern at the time of acquisition or
  525  is within an area that was designated as an area of critical
  526  state concern for at least 20 consecutive years prior to removal
  527  of the designation; and
  528         (c) The property to be acquired has not been selected for
  529  purchase through another local, regional, state, or federal
  530  public land acquisition program. Such restriction shall not
  531  apply if the land authority cooperates with the other public
  532  land acquisition programs which listed the lands for
  533  acquisition, to coordinate the acquisition and disposition of
  534  such lands. In such cases, the land authority may enter into
  535  contractual or other agreements to acquire lands jointly or for
  536  eventual resale to other public land acquisition programs.
  537         Section 8. Notwithstanding any other provision of law, in
  538  fiscal year 2016-2017 through fiscal year 2026-2027, if $20
  539  million in bonds are not authorized to be issued pursuant to s.
  540  215.619, Florida Statutes, $20 million shall be appropriated to
  541  the Department of Environmental Protection to be distributed to
  542  local governments in the Florida Keys Area of Critical State
  543  Concern and the City of Key West Area of Critical State Concern
  544  for projects that protect, restore, or enhance nearshore water
  545  quality and fisheries and projects to protect and enhance water
  546  supply to the Florida Keys, including alternative water supplies
  547  such as reverse osmosis and reclaimed water systems.
  548         Section 9. This act shall take effect July 1, 2016.