Florida Senate - 2017                                    SB 1590
       By Senator Latvala
       16-00086B-17                                          20171590__
    2                        A bill to be entitled                      
    3         An act relating to coastal management; amending s.
    4         161.101, F.S.; revising the criteria to be considered
    5         by the Department of Environmental Protection in
    6         determining and assigning annual funding priorities
    7         for beach management and erosion control projects;
    8         specifying tiers for such criteria; requiring tiers to
    9         be given certain weight; requiring the department to
   10         update active project lists on its website; redefining
   11         the term “significant change”; revising the
   12         department’s reporting requirements; specifying
   13         allowable uses for certain surplus funds; revising the
   14         requirements for a specified summary; requiring that
   15         funding for certain projects remain available for a
   16         specified period; amending s. 161.143, F.S.;
   17         specifying the scope of certain projects; revising the
   18         list of projects that are included as inlet management
   19         projects; requiring that certain projects be
   20         considered separate and apart from other specified
   21         projects; revising the ranking criteria to be used by
   22         the department to establish certain funding priorities
   23         for certain inlet-caused beach erosion projects;
   24         revising provisions authorizing the department to
   25         spend certain appropriated funds for the management of
   26         inlets; deleting a provision authorizing the
   27         department to spend certain appropriated funds for
   28         specified inlet studies; revising the required
   29         elements of the department’s report of prioritized
   30         inlet management projects; revising the funds that the
   31         department must make available to certain inlet
   32         management projects; requiring the department to
   33         include specified activities on the inlet management
   34         project list; deleting provisions requiring the
   35         department to make available funding for specified
   36         projects; deleting a requirement that the Legislature
   37         designate a project as an Inlet of the Year; requiring
   38         the department to update and maintain a report
   39         regarding the progress of certain inlet management
   40         projects; revising the requirements for the report;
   41         deleting certain temporary provisions relating to
   42         specified appropriations; amending s. 161.161, F.S.;
   43         revising requirements for the comprehensive long-term
   44         management plan; requiring the plan to include a
   45         strategic beach management plan, a critically eroded
   46         beaches report, and a statewide long-range budget
   47         plan; providing for the development and maintenance of
   48         such plans; deleting a requirement that the department
   49         submit a certain beach management plan on a certain
   50         date each year; requiring the department to hold a
   51         public meeting before finalization of the strategic
   52         beach management plan; requiring the department to
   53         submit a 3-year work plan and a related forecast for
   54         the availability of funding to the Legislature;
   55         amending s. 375.041, F.S.; requiring certain funds
   56         from the Land Acquisition Trust Fund to be used for
   57         projects that preserve and repair state beaches;
   58         providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Subsections (14) and (20) of section 161.101,
   63  Florida Statutes, are amended to read:
   64         161.101 State and local participation in authorized
   65  projects and studies relating to beach management and erosion
   66  control.—
   67         (14) The intent of the Legislature in preserving and
   68  protecting Florida’s sandy beaches pursuant to this act is to
   69  direct beach erosion control appropriations to the state’s most
   70  severely eroded beaches, and to prevent further adverse impact
   71  caused by improved, modified, or altered inlets, coastal
   72  armoring, or existing upland development. In establishing annual
   73  project funding priorities, the department shall seek formal
   74  input from local coastal governments, beach and general
   75  government interest groups, and university experts. The
   76  department shall adopt by rule a scoring system to determine
   77  annual project funding priorities. The scoring system must
   78  consist of the following criteria equally weighted within the
   79  following specified tiers criteria to be considered by the
   80  department in determining annual funding priorities shall
   81  include:
   82         (a) Tier 1 must account for 20 percent of the total score
   83  and consist of the tourism-related return on investment and the
   84  severity of erosion conditions, the threat to existing upland
   85  development, and recreational and/or economic impact of the
   86  project. The return on investment of the project is the ratio of
   87  the tourism-related tax revenues for the most recent year to the
   88  amount of state funding requested for the proposed project. The
   89  economic impact of the project is the ratio of the tourism
   90  related tax revenues for the most recent year to all county tax
   91  revenues for the most recent year. The department must calculate
   92  these ratios using state sales tax and tourism development tax
   93  data of the county having jurisdiction over the project area. If
   94  multiple counties have jurisdiction over the project area, the
   95  department must assess each county individually using these
   96  ratios. The department shall calculate the mean average of these
   97  ratios to determine the final overall assessment for the
   98  multicounty project benefits.
   99         (b) Tier 2 must account for 45 percent of the total score
  100  and consist of the following criteria:
  101         1. The availability of federal matching dollars,
  102  considering federal authorization, the federal cost-share
  103  percentage, and the status of the funding award;.
  104         2.The storm damage reduction benefits of the project based
  105  on the following considerations:
  106         a.The current conditions of the project area, including
  107  any recent storm damage impact, as a percentage of volume of
  108  sand lost since the most recent beach nourishment event or most
  109  recent beach surveys. If the project area has not been
  110  previously restored, the department must use the historical
  111  background erosion rate;
  112         b.The overall potential threat to existing upland
  113  development, including public and private structures and
  114  infrastructure, based on the percentage of vulnerable shoreline
  115  within the project boundaries; and
  116         c.The value of upland property benefiting from the
  117  protection provided by the project and its subsequent
  118  maintenance. A property must be within one-quarter mile of the
  119  project boundaries to be considered under the criterion
  120  specified in this subparagraph; and
  121         3.The cost-effectiveness of the project based on the
  122  yearly cost per volume per mile of proposed beach fill
  123  placement. The department shall also consider the following when
  124  assessing cost-effectiveness pursuant to this subparagraph:
  125         a.The existence of projects with proposed structural or
  126  design components to extend the beach nourishment interval;
  127         b.Existing beach nourishment projects that reduce upland
  128  storm damage costs by incorporating new or enhanced dune
  129  structures or new or existing dune restoration and revegetation
  130  projects;
  131         c.Proposed innovative technologies designed to reduce
  132  project costs; and
  133         d.Regional sediment management strategies and coordination
  134  to conserve sand source resources and reduce project costs.
  135         (c) Tier 3 must account for 20 percent of the total score
  136  and consist of the following criteria: The extent of local
  137  government sponsor financial and administrative commitment to
  138  the project, including a long-term financial plan with a
  139  designated funding source or sources for initial construction
  140  and periodic maintenance.
  141         1.(d) Previous state commitment and involvement in the
  142  project, considering previously funded phases, the total amount
  143  of previous state funding, and previous partial appropriations
  144  for the proposed project;
  145         2.The recreational benefits of the project based on:
  146         a.The accessible beach area added by the project; and
  147         b.The percentage of linear footage within the project
  148  boundaries that is zoned:
  149         (I)As recreational or open space;
  150         (II)For commercial use; or
  151         (III)To otherwise allow for public lodging
  152  establishments;.
  153         (e)The anticipated physical performance of the proposed
  154  project, including the frequency of periodic planned
  155  nourishment.
  156         3.(f) The extent to which the proposed project mitigates
  157  the adverse impact of improved, modified, or altered inlets on
  158  adjacent beaches; and.
  159         (g)Innovative, cost-effective, and environmentally
  160  sensitive applications to reduce erosion.
  161         (h)Projects that provide enhanced habitat within or
  162  adjacent to designated refuges of nesting sea turtles.
  163         (i) The extent to which local or regional sponsors of beach
  164  erosion control projects agree to coordinate the planning,
  165  design, and construction of their projects to take advantage of
  166  identifiable cost savings.
  167         4.(j) The degree to which the project addresses the state’s
  168  most significant beach erosion problems based on the ratio of
  169  the linear footage of the project shoreline to the cubic yards
  170  of sand placed per mile per year.
  171         (d)Tier 4 must account for 15 percent of the total score
  172  and consist of the following criteria:
  173         1.Increased prioritization of projects that have been on
  174  the department’s ranked project list for successive years and
  175  that have not previously secured state funding for project
  176  implementation;
  177         2.Environmental habitat enhancement, recognizing state or
  178  federal critical habitat areas for threatened or endangered
  179  species which may be subject to extensive shoreline armoring or
  180  recognizing areas where extensive shoreline armoring threatens
  181  the availability or quality of habitat for such species. Turtle
  182  friendly designs, dune and vegetation projects for areas with
  183  redesigned or reduced fill templates, proposed incorporation of
  184  best management practices and adaptive management strategies to
  185  protect resources, and innovative technologies designed to
  186  benefit critical habitat preservation may also be considered;
  187  and
  188         3.The overall readiness of the project to proceed in a
  189  timely manner considering the project’s readiness for the
  190  construction phase of development, the status of required
  191  permits, the status of any needed easement acquisition, the
  192  availability of local funding sources, and the establishment of
  193  an erosion control line. If the department identifies specific
  194  reasonable and documented concerns that the project will not
  195  proceed in a timely manner, the department may choose not to
  196  include the project in the annual funding priorities submitted
  197  to the Legislature.
  199  If In the event that more than one project qualifies equally
  200  under the provisions of this subsection, the department shall
  201  assign funding priority to those projects shown to be most that
  202  are ready to proceed.
  203         (20) The department shall maintain active project lists,
  204  updated at least quarterly, listings on its website by fiscal
  205  year in order to provide transparency regarding those projects
  206  receiving funding and the funding amounts, and to facilitate
  207  legislative reporting and oversight. In consideration of this
  208  intent:
  209         (a) The department shall notify the Executive Office of the
  210  Governor and the Legislature regarding any significant changes
  211  in the funding levels of a given project as initially requested
  212  in the department’s budget submission and subsequently included
  213  in approved annual funding allocations. The term “significant
  214  change” means a project-specific change or cumulative changes
  215  that exceed the project’s original allocation by $500,000 or
  216  that exceed those changes exceeding 25 percent of the a
  217  project’s original allocation.
  218         1.Except as provided in subparagraph 2., if there is
  219  surplus funding, the department must provide a notification and
  220  supporting justification shall be provided to the Executive
  221  Office of the Governor and the Legislature to indicate whether
  222  surplus additional dollars are intended to be used for inlet
  223  management projects pursuant to s. 161.143 or for beach
  224  restoration and beach nourishment projects, offered for
  225  reversion as part of the next appropriations process, or used
  226  for other specified priority projects on active project lists.
  227         2.For surplus funds for projects that do not have a
  228  significant change, the department may use such funds for the
  229  same purposes identified in subparagraph 1. The department shall
  230  post the uses of such funds on the project listing web page of
  231  its website. No other notice or supporting justification is
  232  required before the use of surplus funds for a project that does
  233  not have a significant change.
  234         (b) The department shall prepare a summary of specific
  235  project activities for the current fiscal year, their funding
  236  status, and changes to annual project lists for the current and
  237  preceding fiscal year. shall be prepared by The department shall
  238  include the summary and included with the department’s
  239  submission of its annual legislative budget request.
  240         (c) Funding for specific projects on annual project lists
  241  approved by the Legislature must remain available for such
  242  projects for 18 months. A local project sponsor may at any time
  243  release, in whole or in part, appropriated project dollars by
  244  formal notification to the department. The department, which
  245  shall notify the Executive Office of the Governor and the
  246  Legislature of such release and. Notification must indicate in
  247  the notification how the project dollars are recommended
  248  intended to be used after such release.
  249         Section 2. Subsections (2) through (5) of section 161.143,
  250  Florida Statutes, are amended to read:
  251         161.143 Inlet management; planning, prioritizing, funding,
  252  approving, and implementing projects.—
  253         (2) The department shall establish annual funding
  254  priorities for studies, activities, or other projects concerning
  255  inlet management. Such inlet management projects constitute the
  256  intended scope of this section and s. 161.142 and consist of
  257  include, but are not limited to, inlet sand bypassing,
  258  improvement of infrastructure to facilitate sand bypassing,
  259  modifications to channel dredging, jetty redesign, jetty repair,
  260  disposal of spoil material, and the development, revision,
  261  adoption, or implementation of an inlet management plan.
  262  Projects considered for funding pursuant to this section shall
  263  be considered separate and apart from projects reviewed and
  264  prioritized in s. 161.101(14). The funding priorities
  265  established by the department under this section must be
  266  consistent with the requirements and legislative declaration in
  267  ss. 161.101(14), 161.142, and 161.161(1)(b). In establishing
  268  funding priorities under this subsection and before transmitting
  269  the annual inlet project list to the Legislature under
  270  subsection (4) (5), the department shall seek formal input from
  271  local coastal governments, beach and general government
  272  associations and other coastal interest groups, and university
  273  experts concerning annual funding priorities for inlet
  274  management projects. In order to maximize the benefits of
  275  efforts to address the inlet-caused beach erosion problems of
  276  this state, the ranking criteria used by the department to
  277  establish funding priorities for studies, activities, or other
  278  projects concerning inlet management must include equal
  279  consideration of:
  280         (a) An estimate of the annual quantity of beach-quality
  281  sand reaching the updrift boundary of the improved jetty or
  282  inlet channel.
  283         (b) The severity of the erosion to the adjacent beaches
  284  caused by the inlet and the extent to which the proposed project
  285  mitigates the erosive effects of the inlet.
  286         (c) The overall significance and anticipated success of the
  287  proposed project in mitigating the erosive effects of the inlet,
  288  balancing the sediment budget of the inlet and adjacent beaches,
  289  and addressing the sand deficit along the inlet-affected
  290  shorelines.
  291         (d) The extent to which existing bypassing activities at an
  292  inlet would benefit from modest, cost-effective improvements
  293  when considering the volumetric increases from the proposed
  294  project, the availability of beach-quality sand currently not
  295  being bypassed to adjacent eroding beaches, and the ease with
  296  which such beach-quality sand may be obtained.
  297         (e) The cost-effectiveness of sand made available by a
  298  proposed inlet management project or activity relative to other
  299  sand source opportunities that would be used to address inlet
  300  caused beach erosion The interest and commitment of local
  301  governments as demonstrated by their willingness to coordinate
  302  the planning, design, construction, and maintenance of an inlet
  303  management project and their financial plan for funding the
  304  local cost share for initial construction, ongoing sand
  305  bypassing, channel dredging, and maintenance.
  306         (f) The existence of a proposed or recently updated The
  307  previous completion or approval of a state-sponsored inlet
  308  management plan or a local-government-sponsored inlet study
  309  addressing concerning the inlet addressed by the proposed
  310  project, the ease of updating and revising any such plan or
  311  study, and the adequacy and specificity of the plan’s or study’s
  312  recommendations concerning the mitigation of an inlet’s erosive
  313  effects on adjacent beaches.
  314         (g) The degree to which the proposed project will enhance
  315  the performance and longevity of proximate beach nourishment
  316  projects, thereby reducing the frequency of such periodic
  317  nourishment projects.
  318         (h) The project-ranking criteria in s. 161.101(14) to the
  319  extent such criteria are applicable to inlet management studies,
  320  projects, and activities and are distinct from, and not
  321  duplicative of, the criteria listed in paragraphs (a)-(g).
  322         (3) The department may pay from legislative appropriations
  323  up to 75 percent of the construction costs of an initial major
  324  inlet management project component for the purpose of mitigating
  325  the erosive effects of the inlet to the shoreline and balancing
  326  the sediment budget. The remaining balance of such construction
  327  costs must be paid from other funding sources, such as local
  328  sponsors. All project costs not associated with an initial major
  329  inlet management project component must be shared equally by
  330  state and local sponsors in accordance with, pursuant to s.
  331  161.101 and notwithstanding s. 161.101(15), pay from legislative
  332  appropriations provided for these purposes 75 percent of the
  333  total costs, or, if applicable, the nonfederal costs, of a
  334  study, activity, or other project concerning the management of
  335  an inlet. The balance must be paid by the local governments or
  336  special districts having jurisdiction over the property where
  337  the inlet is located.
  338         (4) Using the legislative appropriation to the statewide
  339  beach-management-support category of the department’s fixed
  340  capital outlay funding request, the department may employ
  341  university-based or other contractual sources and pay 100
  342  percent of the costs of studies that are consistent with the
  343  legislative declaration in s. 161.142 and that:
  344         (a) Determine, calculate, refine, and achieve general
  345  consensus regarding net annual sediment transport volumes to be
  346  used for the purpose of planning and prioritizing inlet
  347  management projects; and
  348         (b) Appropriate, assign, and apportion responsibilities
  349  between inlet beneficiaries for the erosion caused by a
  350  particular inlet on adjacent beaches.
  351         (4)(5) The department shall annually provide an inlet
  352  management project list, in priority order, to the Legislature
  353  as part of the department’s budget request. The list must
  354  include studies, projects, or other activities that address the
  355  management of at least 10 separate inlets and that are ranked
  356  according to the criteria established under subsection (2).
  357         (a) The department shall designate for make available at
  358  least 10 percent of the total amount that the Legislature
  359  appropriates in each fiscal year for statewide beach management
  360  for the three highest-ranked projects on the current year’s
  361  inlet management project list, in priority order, an amount that
  362  is at least equal to the greater of:
  363         1.Ten percent of the total amount that the Legislature
  364  appropriates in the fiscal year for statewide beach management;
  365  or
  366         2.The percentage of inlet management funding requests from
  367  local sponsors as a proportion of the total amount of statewide
  368  beach management dollars requested in a given year.
  369         (b) The department shall include inlet monitoring
  370  activities ranked on the inlet management project list as one
  371  aggregated subcategory on the overall inlet management project
  372  list make available at least 50 percent of the funds
  373  appropriated for the feasibility and design category in the
  374  department’s fixed capital outlay funding request for projects
  375  on the current year’s inlet management project list which
  376  involve the study for, or design or development of, an inlet
  377  management project.
  378         (c) The department shall make available all statewide beach
  379  management funds that remain unencumbered or are allocated to
  380  non-project-specific activities for projects on legislatively
  381  approved inlet management project lists. Funding for local
  382  government-specific projects on annual project lists approved by
  383  the Legislature must remain available for such purposes for a
  384  period of 18 months pursuant to s. 216.301(2)(a). Based on an
  385  assessment and the department’s determination that a project
  386  will not be ready to proceed during this 18-month period, such
  387  funds shall be used for inlet management projects on
  388  legislatively approved lists.
  389         (5)(d)The Legislature shall designate one of the three
  390  highest projects on the inlet management project list in any
  391  year as the Inlet of the Year. The department shall update and
  392  maintain an annual annually report on its website to the
  393  Legislature concerning the extent to which each inlet project
  394  designated by the Legislature as Inlet of the Year has succeeded
  395  in balancing the sediment budget of the inlet and adjacent
  396  beaches and in, mitigating the inlet’s erosive effects on
  397  adjacent beaches. The report must provide an estimate of the
  398  quantity of sediment bypassed, transferred, and transferring or
  399  otherwise placed placing beach-quality sand on adjacent eroding
  400  beaches, or in such beaches’ nearshore area, for the purpose of
  401  offsetting the erosive effects of inlets on the beaches of this
  402  state.
  403         (e) Notwithstanding paragraphs (a) and (b), and for the
  404  2016-2017 fiscal year only, the amount allocated for inlet
  405  management funding is provided in the 2016-2017 General
  406  Appropriations Act. This paragraph expires July 1, 2017.
  407         Section 3. Subsections (1) and (2) of section 161.161,
  408  Florida Statutes, are amended, and present subsections (3)
  409  through (7) are redesignated as subsections (4) through (8),
  410  respectively, to read:
  411         161.161 Procedure for approval of projects.—
  412         (1) The department shall develop and maintain a
  413  comprehensive long-term beach management plan for the
  414  restoration and maintenance of the state’s critically eroded
  415  beaches fronting the Atlantic Ocean, Gulf of Mexico, and Straits
  416  of Florida. In developing and maintaining this the beach
  417  management plan, the department shall:
  418         (a) Address long-term solutions to the problem of
  419  critically eroded beaches in this state.
  420         (b) Evaluate each improved, modified, or altered inlet and
  421  determine whether the inlet is a significant cause of beach
  422  erosion. With respect to each inlet determined to be a
  423  significant cause of beach erosion, the plan shall include:
  424         1. the extent to which such inlet causes beach erosion and
  425  recommendations to mitigate the erosive impact of the inlet,
  426  including, but not limited to, recommendations regarding inlet
  427  sediment bypassing; improvement of infrastructure to facilitate
  428  sand bypassing; modifications to channel dredging, jetty design,
  429  and disposal of spoil material; establishment of feeder beaches;
  430  and beach restoration and beach nourishment; and
  431         2. Cost estimates necessary to take inlet corrective
  432  measures and recommendations regarding cost sharing among the
  433  beneficiaries of such inlet.
  434         (c) Evaluate Design criteria for beach restoration and
  435  beach nourishment projects, including, but not limited to,:
  436         1. dune elevation and width and revegetation and
  437  stabilization requirements,; and
  438         2. beach profiles profile.
  439         (d) Consider Evaluate the establishment of regional
  440  sediment management alternatives for one or more individual
  441  beach and inlet sand bypassing projects feeder beaches as an
  442  alternative to direct beach restoration when appropriate and
  443  cost-effective, and recommend the location of such regional
  444  sediment management alternatives feeder beaches and the source
  445  of beach-compatible sand.
  446         (e) Identify causes of shoreline erosion and change,
  447  determine calculate erosion rates, and maintain an updated list
  448  of critically eroded sandy beaches based on data, analyses, and
  449  investigations of shoreline conditions and project long-term
  450  erosion for all major beach and dune systems by surveys and
  451  profiles.
  452         (f) Identify shoreline development and degree of density
  453  and Assess impacts of development and coastal protection
  454  shoreline protective structures on shoreline change and erosion.
  455         (g) Identify short-term and long-term economic costs and
  456  benefits of beaches to the state of Florida and individual beach
  457  communities, including recreational value to user groups, tax
  458  base, revenues generated, and beach acquisition and maintenance
  459  costs.
  460         (h) Study dune and vegetation conditions, identify existing
  461  beach nourishment projects without dune features or with dunes
  462  without adequate elevations, and encourage dune restoration and
  463  revegetation to be incorporated as part of storm damage recovery
  464  projects or future dune maintenance events.
  465         (i) Identify beach areas used by marine turtles and develop
  466  strategies for protection of the turtles and their nests and
  467  nesting locations.
  468         (j) Identify alternative management responses to preserve
  469  undeveloped beach and dune systems and, to restore damaged beach
  470  and dune systems. In identifying such management responses, the
  471  department shall consider, at a minimum, and to prevent
  472  inappropriate development and redevelopment on migrating
  473  beaches, and consider beach restoration and nourishment,
  474  armoring, relocation and abandonment, dune and vegetation
  475  restoration, and acquisition.
  476         (k) Document procedures and policies for preparing post
  477  storm damage assessments and corresponding recovery plans,
  478  including repair cost estimates. Establish criteria, including
  479  costs and specific implementation actions, for alternative
  480  management techniques.
  481         (l) Identify and assess Select and recommend appropriate
  482  management measures for all of the state’s critically eroded
  483  sandy beaches in a beach management program.
  484         (m) Establish a list of beach restoration and beach
  485  nourishment projects, arranged in order of priority, and the
  486  funding levels needed for such projects.
  487         (2)The comprehensive long-term management plan developed
  488  and maintained by the department pursuant to subsection (1) must
  489  include, at a minimum, a strategic beach management plan, a
  490  critically eroded beaches report, and a statewide long-range
  491  budget plan. The long-range budget plan must include a 3-year
  492  work plan for beach nourishment projects and inlet management
  493  projects that lists planned projects for each of the 3 fiscal
  494  years addressed in the work plan.
  495         (a) The strategic beach management plan must identify and
  496  recommend appropriate measures for all of the state’s critically
  497  eroded sandy beaches and may incorporate plans be prepared at
  498  the regional level taking into account based upon areas of
  499  greatest need and probable federal and local funding. Upon
  500  approval in accordance with chapter 86-138, Laws of Florida,
  501  such regional plans, along with the 3-year work plan identified
  502  in subparagraph (c)1., shall be components of the statewide
  503  beach management plan and shall serve as the basis for state
  504  funding decisions upon approval in accordance with chapter 86
  505  138, Laws of Florida. In accordance with a schedule established
  506  for the submission of regional plans by the department, any
  507  completed plan must be submitted to the secretary of the
  508  department for approval no later than March 1 of each year.
  509  These regional plans shall include, but shall not be limited to,
  510  recommendations of appropriate funding mechanisms for
  511  implementing projects in the beach management plan, giving
  512  consideration to the use of single-county and multicounty taxing
  513  districts or other revenue generation measures by state and
  514  local governments and the private sector. Prior to finalizing
  515  the strategic beach management presenting the plan to the
  516  secretary of the department, the department shall hold a public
  517  meeting in the region areas for which the plan is prepared or
  518  through a publicly noticed webinar. The plan submission schedule
  519  shall be submitted to the secretary for approval. Any revisions
  520  to such schedule must be approved in like manner.
  521         (b)The critically eroded beaches report must be developed
  522  and maintained based primarily on the requirements specified in
  523  paragraph (1)(e).
  524         (c)The statewide long-range budget plan must include at
  525  least 5 years of planned beach nourishment and inlet management
  526  project funding needs as identified, and subsequently refined,
  527  by local government sponsors. This plan shall consist of two
  528  components:
  529         1.A 3-year work plan that identifies beach nourishment and
  530  inlet management projects viable for implementation during the
  531  next 3 ensuing fiscal years, as determined by available cost
  532  sharing, local sponsor support, regulatory considerations, and
  533  the ability of the project to proceed as scheduled. The 3-year
  534  work plan must, for each fiscal year, identify proposed projects
  535  and their current development status, listing them in priority
  536  order based on the applicable criteria established in ss.
  537  161.101(14) and 161.143(2). Specific funding requests and
  538  criteria ranking, pursuant to ss. 161.101(14) and 161.143(2),
  539  may be modified as warranted in each successive fiscal year, and
  540  such modifications must be documented and submitted to the
  541  Legislature with each 3-year work plan. Year one projects shall
  542  consist of those projects identified for funding consideration
  543  in the ensuing fiscal year.
  544         2.A long-range plan that identifies projects for inclusion
  545  in the fourth and fifth ensuing fiscal years. These projects may
  546  be presented by region and do not need to be presented in
  547  priority order; however, the department should identify issues
  548  that may prevent successful completion of such projects and
  549  recommend solutions that would allow the projects to progress
  550  into the 3-year work plan.
  551         (3)(2)Annually, The secretary shall annually present the
  552  3-year work plan to the Legislature. The work plan must be
  553  accompanied by a 3-year financial forecast for the availability
  554  of funding for the projects, based on funds dedicated in s.
  555  375.041 recommendations for funding beach erosion control
  556  projects prioritized according to the criteria established in s.
  557  161.101(14).
  558         Section 4. Paragraph (b) of subsection (3) of section
  559  375.041, Florida Statutes, is amended to read:
  560         375.041 Land Acquisition Trust Fund.—
  561         (3) Funds distributed into the Land Acquisition Trust Fund
  562  pursuant to s. 201.15 shall be applied:
  563         (b) Of the funds remaining after the payments required
  564  under paragraph (a), but before funds may be appropriated,
  565  pledged, or dedicated for other uses:
  566         1. A minimum of the lesser of 25 percent or $200 million
  567  shall be appropriated annually for Everglades projects that
  568  implement the Comprehensive Everglades Restoration Plan as set
  569  forth in s. 373.470, including the Central Everglades Planning
  570  Project subject to Congressional authorization; the Long-Term
  571  Plan as defined in s. 373.4592(2); and the Northern Everglades
  572  and Estuaries Protection Program as set forth in s. 373.4595.
  573  From these funds, $32 million shall be distributed each fiscal
  574  year through the 2023-2024 fiscal year to the South Florida
  575  Water Management District for the Long-Term Plan as defined in
  576  s. 373.4592(2). After deducting the $32 million distributed
  577  under this subparagraph, from the funds remaining, a minimum of
  578  the lesser of 76.5 percent or $100 million shall be appropriated
  579  each fiscal year through the 2025-2026 fiscal year for the
  580  planning, design, engineering, and construction of the
  581  Comprehensive Everglades Restoration Plan as set forth in s.
  582  373.470, including the Central Everglades Planning Project
  583  subject to Congressional authorization. The Department of
  584  Environmental Protection and the South Florida Water Management
  585  District shall give preference to those Everglades restoration
  586  projects that reduce harmful discharges of water from Lake
  587  Okeechobee to the St. Lucie or Caloosahatchee estuaries in a
  588  timely manner. For the purpose of performing the calculation
  589  provided in this subparagraph, the amount of debt service paid
  590  pursuant to paragraph (a) for bonds issued after July 1, 2016,
  591  for the purposes set forth under paragraph (b) shall be added to
  592  the amount remaining after the payments required under paragraph
  593  (a). The amount of the distribution calculated shall then be
  594  reduced by an amount equal to the debt service paid pursuant to
  595  paragraph (a) on bonds issued after July 1, 2016, for the
  596  purposes set forth under this subparagraph.
  597         2. A minimum of the lesser of 7.6 percent or $50 million
  598  shall be appropriated annually for spring restoration,
  599  protection, and management projects. For the purpose of
  600  performing the calculation provided in this subparagraph, the
  601  amount of debt service paid pursuant to paragraph (a) for bonds
  602  issued after July 1, 2016, for the purposes set forth under
  603  paragraph (b) shall be added to the amount remaining after the
  604  payments required under paragraph (a). The amount of the
  605  distribution calculated shall then be reduced by an amount equal
  606  to the debt service paid pursuant to paragraph (a) on bonds
  607  issued after July 1, 2016, for the purposes set forth under this
  608  subparagraph.
  609         3. The sum of $5 million shall be appropriated annually
  610  each fiscal year through the 2025-2026 fiscal year to the St.
  611  Johns River Water Management District for projects dedicated to
  612  the restoration of Lake Apopka. This distribution shall be
  613  reduced by an amount equal to the debt service paid pursuant to
  614  paragraph (a) on bonds issued after July 1, 2016, for the
  615  purposes set forth in this subparagraph.
  616         4.A minimum of the lesser of 7.6 percent or $50 million
  617  shall be appropriated annually for projects that preserve and
  618  repair the state’s beaches as provided in s. 161.091(3). The
  619  calculation provided in this subparagraph shall be performed
  620  using the same formula as described in subparagraph 2.
  621         Section 5. This act shall take effect July 1, 2017.