Florida Senate - 2019                                    SB 1256
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00826B-19                                           20191256__
    1                        A bill to be entitled                      
    2         An act relating to the Apalachicola Bay Area of
    3         Critical State Concern; amending s. 375.041, F.S.;
    4         appropriating a sum annually for a specified timeframe
    5         from the Land Acquisition Trust Fund to a specified
    6         area of critical state concern for specified purposes;
    7         amending s. 380.0555, F.S.; providing additional
    8         principles for guiding development within the
    9         Apalachicola Bay Area of Critical State Concern to
   10         include projects that protect and improve water
   11         quality; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (b) of subsection (3) of section
   16  375.041, Florida Statutes, is amended to read:
   17         375.041 Land Acquisition Trust Fund.—
   18         (3) Funds distributed into the Land Acquisition Trust Fund
   19  pursuant to s. 201.15 shall be applied:
   20         (b) Of the funds remaining after the payments required
   21  under paragraph (a), but before funds may be appropriated,
   22  pledged, or dedicated for other uses:
   23         1. A minimum of the lesser of 25 percent or $200 million
   24  shall be appropriated annually for Everglades projects that
   25  implement the Comprehensive Everglades Restoration Plan as set
   26  forth in s. 373.470, including the Central Everglades Planning
   27  Project subject to Congressional authorization; the Long-Term
   28  Plan as defined in s. 373.4592(2); and the Northern Everglades
   29  and Estuaries Protection Program as set forth in s. 373.4595.
   30  From these funds, $32 million shall be distributed each fiscal
   31  year through the 2023-2024 fiscal year to the South Florida
   32  Water Management District for the Long-Term Plan as defined in
   33  s. 373.4592(2). After deducting the $32 million distributed
   34  under this subparagraph, from the funds remaining, a minimum of
   35  the lesser of 76.5 percent or $100 million shall be appropriated
   36  each fiscal year through the 2025-2026 fiscal year for the
   37  planning, design, engineering, and construction of the
   38  Comprehensive Everglades Restoration Plan as set forth in s.
   39  373.470, including the Central Everglades Planning Project, the
   40  Everglades Agricultural Area Storage Reservoir Project, the Lake
   41  Okeechobee Watershed Project, the C-43 West Basin Storage
   42  Reservoir Project, the Indian River Lagoon-South Project, the
   43  Western Everglades Restoration Project, and the Picayune Strand
   44  Restoration Project. The Department of Environmental Protection
   45  and the South Florida Water Management District shall give
   46  preference to those Everglades restoration projects that reduce
   47  harmful discharges of water from Lake Okeechobee to the St.
   48  Lucie or Caloosahatchee estuaries in a timely manner. For the
   49  purpose of performing the calculation provided in this
   50  subparagraph, the amount of debt service paid pursuant to
   51  paragraph (a) for bonds issued after July 1, 2016, for the
   52  purposes set forth under paragraph (b) shall be added to the
   53  amount remaining after the payments required under paragraph
   54  (a). The amount of the distribution calculated shall then be
   55  reduced by an amount equal to the debt service paid pursuant to
   56  paragraph (a) on bonds issued after July 1, 2016, for the
   57  purposes set forth under this subparagraph.
   58         2. A minimum of the lesser of 7.6 percent or $50 million
   59  shall be appropriated annually for spring restoration,
   60  protection, and management projects. For the purpose of
   61  performing the calculation provided in this subparagraph, the
   62  amount of debt service paid pursuant to paragraph (a) for bonds
   63  issued after July 1, 2016, for the purposes set forth under
   64  paragraph (b) shall be added to the amount remaining after the
   65  payments required under paragraph (a). The amount of the
   66  distribution calculated shall then be reduced by an amount equal
   67  to the debt service paid pursuant to paragraph (a) on bonds
   68  issued after July 1, 2016, for the purposes set forth under this
   69  subparagraph.
   70         3. The sum of $5 million shall be appropriated annually
   71  each fiscal year through the 2025-2026 fiscal year to the St.
   72  Johns River Water Management District for projects dedicated to
   73  the restoration of Lake Apopka. This distribution shall be
   74  reduced by an amount equal to the debt service paid pursuant to
   75  paragraph (a) on bonds issued after July 1, 2016, for the
   76  purposes set forth in this subparagraph.
   77         4. The sum of $64 million is appropriated and shall be
   78  transferred to the Everglades Trust Fund for the 2018-2019
   79  fiscal year, and each fiscal year thereafter, for the EAA
   80  reservoir project pursuant to s. 373.4598. Any funds remaining
   81  in any fiscal year shall be made available only for Phase II of
   82  the C-51 reservoir project or projects identified in
   83  subparagraph 1. and must be used in accordance with laws
   84  relating to such projects. Any funds made available for such
   85  purposes in a fiscal year are in addition to the amount
   86  appropriated under subparagraph 1. This distribution shall be
   87  reduced by an amount equal to the debt service paid pursuant to
   88  paragraph (a) on bonds issued after July 1, 2017, for the
   89  purposes set forth in this subparagraph.
   90         5. Notwithstanding subparagraph 3., for the 2018-2019
   91  fiscal year, funds shall be appropriated as provided in the
   92  General Appropriations Act. This subparagraph expires July 1,
   93  2019.
   94         6.The sum of $20 million shall be appropriated annually
   95  each fiscal year through 2029-2030 to the area designated as an
   96  area of critical state concern pursuant to s. 380.0555, to be
   97  used for the acquisition of lands and projects that improve
   98  surface and groundwater quality in the Apalachicola River and
   99  Bay, and includes projects such as construction and replacement
  100  of stormwater management facilities, central sewage collection
  101  and disposal facilities; the installation of onsite sewage
  102  treatment and disposal systems; direct and indirect potable
  103  reuse; and other water quality and water supply projects. At
  104  least 25 percent of the appropriated funds shall be spent on
  105  land acquisition. Increased priority must be given to land
  106  acquisitions that achieve a combination of conservation goals,
  107  including protecting and preserving fisheries and wildlife
  108  habitats, recreational spaces, nearshore water quality, surface
  109  water resources, and groundwater recharge. At least 3 percent
  110  but no more than 10 percent of the funds allocated for land
  111  acquisition shall be spent on projects and activities identified
  112  during the time of acquisition, including for land management,
  113  increased public access and recreational opportunities, and
  114  greenways.
  115         Section 2. Paragraph (k) is added to subsection (7) of
  116  section 380.0555, Florida Statutes, to read:
  117         380.0555 Apalachicola Bay Area; protection and designation
  118  as area of critical state concern.—
  119         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  120  and local agencies and units of government in the Apalachicola
  121  Bay Area shall coordinate their plans and conduct their programs
  122  and regulatory activities consistently with the following
  123  principles for guiding the development of the area:
  124         (k)Water quality shall be protected and improved by the
  125  construction, operation, maintenance, and replacement of
  126  stormwater management facilities; central sewage collection;
  127  treatment and disposal facilities; the installation and proper
  128  operation and maintenance of onsite sewage treatment and
  129  disposal systems; indirect and direct potable reuse; and other
  130  water quality and water supply projects.
  131         Section 3. This act shall take effect July 1, 2019.