Florida Senate - 2016                              CS for SB 770
       By the Committee on Appropriations; and Senators Simpson and
       576-04830-16                                           2016770c1
    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 uses 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 prevent or
    8         satisfy private property rights claims resulting from
    9         limitations imposed by the designation of an area of
   10         critical state concern; revising a definition and
   11         providing a definition for purposes of using surtax
   12         proceeds; amending s. 215.619, F.S.; expanding the use
   13         of Everglades restoration bonds to include the City of
   14         Key West Area of Critical State Concern; expanding the
   15         types of water management projects eligible for
   16         funding; revising the dates for issuance and maturity
   17         of Everglades restoration bonds; reducing the annual
   18         appropriation amount dedicated to fund the Florida
   19         Keys Area of Critical State Concern protection
   20         program; authorizing bond proceeds to be spent on the
   21         City of Key West Area of Critical State Concern;
   22         expanding projects that may be funded by bond
   23         proceeds; specifying procedures to be followed for
   24         certain lands that are no longer needed for certain
   25         restoration purposes; amending s. 259.045, F.S.;
   26         requiring the Department of Environmental Protection
   27         to annually consider certain recommendations to buy
   28         specific lands within and outside an area of critical
   29         state concern; authorizing certain entities to
   30         recommend additional lands for purchase; amending s.
   31         259.105, F.S.; requiring specific Florida Forever
   32         appropriations to be used for the purchase of lands in
   33         the Florida Keys Area of Critical State Concern;
   34         amending s. 380.0552, F.S.; revising legislative
   35         intent regarding the Florida Keys Area of Critical
   36         State Concern; specifying that plan amendments in the
   37         Florida Keys must also be consistent with protecting
   38         and improving specified water quality and water supply
   39         projects; amending s. 380.0666, F.S.; expanding powers
   40         of a land authority to include acquiring lands to
   41         prevent or satisfy private property rights claims
   42         resulting from limitations imposed by the designation
   43         of an area of critical state concern and contributing
   44         funds for certain land purchases by the department;
   45         providing limitations relating to acquiring or
   46         contributing lands to improve public transportation
   47         facilities; providing an effective date.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. This act may be cited as the “Florida Keys
   52  Stewardship Act.”
   53         Section 2. Paragraph (d) of subsection (2) of section
   54  212.055, Florida Statutes, is amended to read:
   55         212.055 Discretionary sales surtaxes; legislative intent;
   56  authorization and use of proceeds.—It is the legislative intent
   57  that any authorization for imposition of a discretionary sales
   58  surtax shall be published in the Florida Statutes as a
   59  subsection of this section, irrespective of the duration of the
   60  levy. Each enactment shall specify the types of counties
   61  authorized to levy; the rate or rates which may be imposed; the
   62  maximum length of time the surtax may be imposed, if any; the
   63  procedure which must be followed to secure voter approval, if
   64  required; the purpose for which the proceeds may be expended;
   65  and such other requirements as the Legislature may provide.
   66  Taxable transactions and administrative procedures shall be as
   67  provided in s. 212.054.
   69         (d) The proceeds of the surtax authorized by this
   70  subsection and any accrued interest shall be expended by the
   71  school district, within the county and municipalities within the
   72  county, or, in the case of a negotiated joint county agreement,
   73  within another county, to finance, plan, and construct
   74  infrastructure; to acquire any interest in land for public
   75  recreation, conservation, or protection of natural resources or
   76  to prevent or satisfy private property rights claims resulting
   77  from limitations imposed by the designation of an area of
   78  critical state concern; to provide loans, grants, or rebates to
   79  residential or commercial property owners who make energy
   80  efficiency improvements to their residential or commercial
   81  property, if a local government ordinance authorizing such use
   82  is approved by referendum; or to finance the closure of county
   83  owned or municipally owned solid waste landfills that have been
   84  closed or are required to be closed by order of the Department
   85  of Environmental Protection. Any use of the proceeds or interest
   86  for purposes of landfill closure before July 1, 1993, is
   87  ratified. The proceeds and any interest may not be used for the
   88  operational expenses of infrastructure, except that a county
   89  that has a population of fewer than 75,000 and that is required
   90  to close a landfill may use the proceeds or interest for long
   91  term maintenance costs associated with landfill closure.
   92  Counties, as defined in s. 125.011, and charter counties may, in
   93  addition, use the proceeds or interest to retire or service
   94  indebtedness incurred for bonds issued before July 1, 1987, for
   95  infrastructure purposes, and for bonds subsequently issued to
   96  refund such bonds. Any use of the proceeds or interest for
   97  purposes of retiring or servicing indebtedness incurred for
   98  refunding bonds before July 1, 1999, is ratified.
   99         1. For the purposes of this paragraph, the term
  100  “infrastructure” means:
  101         a. Any fixed capital expenditure or fixed capital outlay
  102  associated with the construction, reconstruction, or improvement
  103  of public facilities that have a life expectancy of 5 or more
  104  years, and any related land acquisition, land improvement,
  105  design, and engineering costs, and all other professional and
  106  related costs required to bring the public facilities into
  107  service. For purposes of this sub-subparagraph, the term “public
  108  facilities” means public facilities as defined in s.
  109  163.3164(38), s. 163.3221(13), or s. 189.012(5), regardless of
  110  whether the facilities are owned by the local taxing authority
  111  or another governmental entity.
  112         b. A fire department vehicle, an emergency medical service
  113  vehicle, a sheriff’s office vehicle, a police department
  114  vehicle, or any other vehicle, and the equipment necessary to
  115  outfit the vehicle for its official use or equipment that has a
  116  life expectancy of at least 5 years.
  117         c. Any expenditure for the construction, lease, or
  118  maintenance of, or provision of utilities or security for,
  119  facilities, as defined in s. 29.008.
  120         d. Any fixed capital expenditure or fixed capital outlay
  121  associated with the improvement of private facilities that have
  122  a life expectancy of 5 or more years and that the owner agrees
  123  to make available for use on a temporary basis as needed by a
  124  local government as a public emergency shelter or a staging area
  125  for emergency response equipment during an emergency officially
  126  declared by the state or by the local government under s.
  127  252.38. Such improvements are limited to those necessary to
  128  comply with current standards for public emergency evacuation
  129  shelters. The owner must enter into a written contract with the
  130  local government providing the improvement funding to make the
  131  private facility available to the public for purposes of
  132  emergency shelter at no cost to the local government for a
  133  minimum of 10 years after completion of the improvement, with
  134  the provision that the obligation will transfer to any
  135  subsequent owner until the end of the minimum period.
  136         e. Any land acquisition expenditure for a residential
  137  housing project in which at least 30 percent of the units are
  138  affordable to individuals or families whose total annual
  139  household income does not exceed 120 percent of the area median
  140  income adjusted for household size, if the land is owned by a
  141  local government or by a special district that enters into a
  142  written agreement with the local government to provide such
  143  housing. The local government or special district may enter into
  144  a ground lease with a public or private person or entity for
  145  nominal or other consideration for the construction of the
  146  residential housing project on land acquired pursuant to this
  147  sub-subparagraph.
  148         2. For the purposes of this paragraph, the term “energy
  149  efficiency improvement” means any energy conservation and
  150  efficiency improvement that reduces consumption through
  151  conservation or a more efficient use of electricity, natural
  152  gas, propane, or other forms of energy on the property,
  153  including, but not limited to, air sealing; installation of
  154  insulation; installation of energy-efficient heating, cooling,
  155  or ventilation systems; installation of solar panels; building
  156  modifications to increase the use of daylight or shade;
  157  replacement of windows; installation of energy controls or
  158  energy recovery systems; installation of electric vehicle
  159  charging equipment; installation of systems for natural gas fuel
  160  as defined in s. 206.9951; and installation of efficient
  161  lighting equipment.
  162         3. Notwithstanding any other provision of this subsection,
  163  a local government infrastructure surtax imposed or extended
  164  after July 1, 1998, may allocate up to 15 percent of the surtax
  165  proceeds for deposit into a trust fund within the county’s
  166  accounts created for the purpose of funding economic development
  167  projects having a general public purpose of improving local
  168  economies, including the funding of operational costs and
  169  incentives related to economic development. The ballot statement
  170  must indicate the intention to make an allocation under the
  171  authority of this subparagraph.
  172         Section 3. Subsection (1) of section 215.619, Florida
  173  Statutes, is amended, present subsections (7) and (8) are
  174  renumbered as subsections (8) and (9), respectively, and a new
  175  subsection (7) is added to that section, to read:
  176         215.619 Bonds for Everglades restoration.—
  177         (1) The issuance of Everglades restoration bonds to finance
  178  or refinance the cost of the acquisition and improvement of
  179  land, water areas, and related property interests and resources
  180  for the purpose of implementing the Comprehensive Everglades
  181  Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
  182  Protection Plan under s. 373.4595, the Caloosahatchee River
  183  Watershed Protection Plan under s. 373.4595, the St. Lucie River
  184  Watershed Protection Plan under s. 373.4595, the City of Key
  185  West Area of Critical State Concern as designated by the
  186  Administration Commission pursuant to s. 380.05, and the Florida
  187  Keys Area of Critical State Concern protection program under ss.
  188  380.05 and 380.0552 in order to restore and conserve natural
  189  systems through the implementation of water management projects,
  190  including projects that protect, restore, or enhance nearshore
  191  water quality and fisheries, such as stormwater or canal
  192  restoration projects, projects to protect water resources
  193  available to the Florida Keys, including wastewater management
  194  projects identified in the Keys Wastewater Plan, dated November
  195  2007, and submitted to the Florida House of Representatives on
  196  December 4, 2007, is authorized in accordance with s. 11(e),
  197  Art. VII of the State Constitution.
  198         (a) Everglades restoration bonds, except refunding bonds,
  199  may be issued only in fiscal years 2002-2003 through 2026-2027
  200  2019-2020 and may not be issued in an amount exceeding $100
  201  million per fiscal year unless:
  202         1. The Department of Environmental Protection has requested
  203  additional amounts in order to achieve cost savings or
  204  accelerate the purchase of land; or
  205         2. Beginning in fiscal year 2016-2017, the Legislature
  206  authorizes an additional amount of bonds not to exceed $200
  207  million, and limited to $20 $50 million per fiscal year,
  208  specifically for the purpose of funding the Florida Keys Area of
  209  Critical State Concern protection program and the City of Key
  210  West Area of Critical State Concern. Proceeds from the bonds
  211  shall be managed by the Department of Environmental Protection
  212  for the purpose of entering into financial assistance agreements
  213  with local governments located in the Florida Keys Area of
  214  Critical State Concern or the City of Key West Area of Critical
  215  State Concern to finance or refinance the cost of constructing
  216  sewage collection, treatment, and disposal facilities or
  217  building projects that protect, restore, or enhance nearshore
  218  water quality and fisheries, such as stormwater or canal
  219  restoration projects and projects to protect water resources
  220  available to the Florida Keys.
  221         (b) The duration of Everglades restoration bonds may not
  222  exceed 20 annual maturities and must mature by December 31, 2047
  223  2040. Except for refunding bonds, a series of bonds may not be
  224  issued unless an amount equal to the debt service coming due in
  225  the year of issuance has been appropriated by the Legislature.
  226  Not more than 58.25 percent of documentary stamp taxes collected
  227  may be taken into account for the purpose of satisfying an
  228  additional bonds test set forth in any authorizing resolution
  229  for bonds issued on or after July 1, 2015. Beginning July 1,
  230  2010, the Legislature shall analyze the ratio of the state’s
  231  debt to projected revenues before authorizing the issuance of
  232  bonds under this section.
  233         (7)If the South Florida Water Management District and the
  234  Department of Environmental Protection determine that lands
  235  purchased using bond proceeds within the Florida Keys Area of
  236  Critical State Concern, the City of Key West Area of Critical
  237  State Concern, or outside the Florida Keys Area of Critical
  238  State Concern, but which were purchased to preserve and protect
  239  the potable water supply to the Florida Keys, are no longer
  240  needed for the purpose for which they were purchased, the entity
  241  owning the lands may dispose of them. However, before the lands
  242  can be disposed of, each general-purpose local government within
  243  the boundaries of which a portion of the land lies must agree to
  244  the disposal of lands within its boundaries and must be offered
  245  the first right to purchase those lands.
  246         Section 4. Section 259.045, Florida Statutes, is amended to
  247  read:
  248         259.045 Purchase of lands in areas of critical state
  249  concern; recommendations by department and land authorities.
  250  Within 45 days after of the designation by the Administration
  251  Commission designates of an area as an area of critical state
  252  concern under s. 380.05, and annually thereafter, the Department
  253  of Environmental Protection shall consider the recommendations
  254  of the state land planning agency pursuant to s. 380.05(1)(a)
  255  relating to purchase of lands within an area of critical state
  256  concern, or lands outside an area of critical state concern
  257  which directly impact an area of critical state concern, which
  258  may include lands used to preserve and protect water supply, the
  259  proposed area and shall make recommendations to the board with
  260  respect to the purchase of the fee or any lesser interest in any
  261  such lands that are: situated in such area of critical state
  262  concern as
  263         (1) Environmentally endangered lands; or
  264         (2) Outdoor recreation lands;
  265         (3)Lands that conserve sensitive habitat;
  266         (4)Lands that protect, restore, or enhance nearshore water
  267  quality and fisheries;
  268         (5)Lands used to protect and enhance water supply to the
  269  Florida Keys, including alternative water supplies such as
  270  reverse osmosis and reclaimed water systems; or
  271         (6)Lands used to prevent or satisfy private property
  272  rights claims resulting from limitations imposed by the
  273  designation of an area of critical state concern.
  275  The department, or a local government, special district, or and
  276  a land authority within an area of critical state concern as
  277  authorized in chapter 380, may make recommendations with respect
  278  to additional purchases which were not included in the state
  279  land planning agency recommendations.
  280         Section 5. Paragraph (b) of subsection (3) of section
  281  259.105, Florida Statutes, is amended to read:
  282         259.105 The Florida Forever Act.—
  283         (3) Less the costs of issuing and the costs of funding
  284  reserve accounts and other costs associated with bonds, the
  285  proceeds of cash payments or bonds issued pursuant to this
  286  section shall be deposited into the Florida Forever Trust Fund
  287  created by s. 259.1051. The proceeds shall be distributed by the
  288  Department of Environmental Protection in the following manner:
  289         (b) Thirty-five percent to the Department of Environmental
  290  Protection for the acquisition of lands and capital project
  291  expenditures described in this section. Of the proceeds
  292  distributed pursuant to this paragraph, it is the intent of the
  293  Legislature that an increased priority be given to those
  294  acquisitions which achieve a combination of conservation goals,
  295  including protecting Florida’s water resources and natural
  296  groundwater recharge. At a minimum, 3 percent, and no more than
  297  10 percent, of the funds allocated pursuant to this paragraph
  298  shall be spent on capital project expenditures identified during
  299  the time of acquisition which meet land management planning
  300  activities necessary for public access. Beginning in the 2016
  301  2017 fiscal year and continuing through the 2026-2027 fiscal
  302  year, at least $5 million of the funds allocated pursuant to
  303  this paragraph shall be spent on land acquisition within the
  304  Florida Keys Area of Critical State Concern.
  305         Section 6. Paragraph (i) of subsection (2) and paragraph
  306  (i) of subsection (7) of section 380.0552, Florida Statutes, are
  307  amended to read:
  308         380.0552 Florida Keys Area; protection and designation as
  309  area of critical state concern.—
  310         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
  311  to:
  312         (i) Protect and improve the nearshore water quality of the
  313  Florida Keys through federal, state, and local funding of water
  314  quality improvement projects, including the construction and
  315  operation of wastewater management facilities that meet the
  316  requirements of ss. 381.0065(4)(l) and 403.086(10), as
  317  applicable.
  318         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  319  and local agencies and units of government in the Florida Keys
  320  Area shall coordinate their plans and conduct their programs and
  321  regulatory activities consistent with the principles for guiding
  322  development as specified in chapter 27F-8, Florida
  323  Administrative Code, as amended effective August 23, 1984, which
  324  is adopted and incorporated herein by reference. For the
  325  purposes of reviewing the consistency of the adopted plan, or
  326  any amendments to that plan, with the principles for guiding
  327  development, and any amendments to the principles, the
  328  principles shall be construed as a whole and specific provisions
  329  may not be construed or applied in isolation from the other
  330  provisions. However, the principles for guiding development are
  331  repealed 18 months from July 1, 1986. After repeal, any plan
  332  amendments must be consistent with the following principles:
  333         (i) Protecting and improving water quality by providing for
  334  the construction, operation, maintenance, and replacement of
  335  stormwater management facilities; central sewage collection;
  336  treatment and disposal facilities; and the installation and
  337  proper operation and maintenance of onsite sewage treatment and
  338  disposal systems; and other water quality and water supply
  339  projects, including direct and indirect potable reuse.
  340         Section 7. Subsection (3) of section 380.0666, Florida
  341  Statutes, is amended to read:
  342         380.0666 Powers of land authority.—The land authority shall
  343  have all the powers necessary or convenient to carry out and
  344  effectuate the purposes and provisions of this act, including
  345  the following powers, which are in addition to all other powers
  346  granted by other provisions of this act:
  347         (3) To acquire and dispose of real and personal property or
  348  any interest therein when such acquisition is necessary or
  349  appropriate to protect the natural environment, provide public
  350  access or public recreational facilities, preserve wildlife
  351  habitat areas, provide affordable housing to families whose
  352  income does not exceed 160 percent of the median family income
  353  for the area, prevent or satisfy private property rights claims
  354  resulting from limitations imposed by the designation of an area
  355  of critical state concern, or provide access to management of
  356  acquired lands; to acquire interests in land by means of land
  357  exchanges; to contribute tourist impact tax revenues received
  358  pursuant to s. 125.0108 to its most populous municipality or the
  359  housing authority of such municipality, at the request of the
  360  commission or council of such municipality, for the
  361  construction, redevelopment, or preservation of affordable
  362  housing in an area of critical state concern within such
  363  municipality; to contribute funds to the Department of
  364  Environmental Protection for the purchase of lands by the
  365  department; and to enter into all alternatives to the
  366  acquisition of fee interests in land, including, but not limited
  367  to, the acquisition of easements, development rights, life
  368  estates, leases, and leaseback arrangements. However, the land
  369  authority shall make an such acquisition or contribution only
  370  if:
  371         (a) Such acquisition or contribution is consistent with
  372  land development regulations and local comprehensive plans
  373  adopted and approved pursuant to this chapter;
  374         (b) The property acquired is within an area designated as
  375  an area of critical state concern at the time of acquisition or
  376  is within an area that was designated as an area of critical
  377  state concern for at least 20 consecutive years prior to removal
  378  of the designation; and
  379         (c) The property to be acquired has not been selected for
  380  purchase through another local, regional, state, or federal
  381  public land acquisition program. Such restriction shall not
  382  apply if the land authority cooperates with the other public
  383  land acquisition programs which listed the lands for
  384  acquisition, to coordinate the acquisition and disposition of
  385  such lands. In such cases, the land authority may enter into
  386  contractual or other agreements to acquire lands jointly or for
  387  eventual resale to other public land acquisition programs; and
  388         (d)Such acquisition or contribution is not used to improve
  389  public transportation facilities or otherwise increase road
  390  capacity to reduce hurricane evacuation clearance times.
  391         Section 8. This act shall take effect July 1, 2016.