Florida Senate - 2019                                     SB 368
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00938-19                                            2019368__
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; providing an appropriation
    4         for certain projects related to the Indian River
    5         Lagoon Comprehensive Conservation and Management Plan;
    6         authorizing the Department of Environmental Protection
    7         to make grants for such projects; requiring the
    8         department to submit an annual report to the Governor
    9         and Legislature; removing an obsolete provision;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) of section 375.041, Florida
   15  Statutes, is amended to read:
   16         375.041 Land Acquisition Trust Fund.—
   17         (3) Funds distributed into the Land Acquisition Trust Fund
   18  pursuant to s. 201.15 shall be applied:
   19         (a) First, to pay debt service or to fund debt service
   20  reserve funds, rebate obligations, or other amounts payable with
   21  respect to Florida Forever bonds issued under s. 215.618; and
   22  pay debt service, provide reserves, and pay rebate obligations
   23  and other amounts due with respect to Everglades restoration
   24  bonds issued under s. 215.619; and
   25         (b) Of the funds remaining after the payments required
   26  under paragraph (a), but before funds may be appropriated,
   27  pledged, or dedicated for other uses:
   28         1. A minimum of the lesser of 25 percent or $200 million
   29  shall be appropriated annually for Everglades projects that
   30  implement the Comprehensive Everglades Restoration Plan as set
   31  forth in s. 373.470, including the Central Everglades Planning
   32  Project subject to Congressional authorization; the Long-Term
   33  Plan as defined in s. 373.4592(2); and the Northern Everglades
   34  and Estuaries Protection Program as set forth in s. 373.4595.
   35  From these funds, $32 million shall be distributed each fiscal
   36  year through the 2023-2024 fiscal year to the South Florida
   37  Water Management District for the Long-Term Plan as defined in
   38  s. 373.4592(2). After deducting the $32 million distributed
   39  under this subparagraph, from the funds remaining, a minimum of
   40  the lesser of 76.5 percent or $100 million shall be appropriated
   41  each fiscal year through the 2025-2026 fiscal year for the
   42  planning, design, engineering, and construction of the
   43  Comprehensive Everglades Restoration Plan as set forth in s.
   44  373.470, including the Central Everglades Planning Project, the
   45  Everglades Agricultural Area Storage Reservoir Project, the Lake
   46  Okeechobee Watershed Project, the C-43 West Basin Storage
   47  Reservoir Project, the Indian River Lagoon-South Project, the
   48  Western Everglades Restoration Project, and the Picayune Strand
   49  Restoration Project. The Department of Environmental Protection
   50  and the South Florida Water Management District shall give
   51  preference to those Everglades restoration projects that reduce
   52  harmful discharges of water from Lake Okeechobee to the St.
   53  Lucie or Caloosahatchee estuaries in a timely manner. For the
   54  purpose of performing the calculation provided in this
   55  subparagraph, the amount of debt service paid pursuant to
   56  paragraph (a) for bonds issued after July 1, 2016, for the
   57  purposes set forth under this paragraph (b) shall be added to
   58  the amount remaining after the payments required under paragraph
   59  (a). The amount of the distribution calculated shall then be
   60  reduced by an amount equal to the debt service paid pursuant to
   61  paragraph (a) on bonds issued after July 1, 2016, for the
   62  purposes set forth under this subparagraph.
   63         2. A minimum of the lesser of 7.6 percent or $50 million
   64  shall be appropriated annually for spring restoration,
   65  protection, and management projects. For the purpose of
   66  performing the calculation provided in this subparagraph, the
   67  amount of debt service paid pursuant to paragraph (a) for bonds
   68  issued after July 1, 2016, for the purposes set forth under this
   69  paragraph (b) shall be added to the amount remaining after the
   70  payments required under paragraph (a). The amount of the
   71  distribution calculated shall then be reduced by an amount equal
   72  to the debt service paid pursuant to paragraph (a) on bonds
   73  issued after July 1, 2016, for the purposes set forth under this
   74  subparagraph.
   75         3. The sum of $5 million shall be appropriated annually
   76  each fiscal year through the 2025-2026 fiscal year to the St.
   77  Johns River Water Management District for projects dedicated to
   78  the restoration of Lake Apopka. This distribution shall be
   79  reduced by an amount equal to the debt service paid pursuant to
   80  paragraph (a) on bonds issued after July 1, 2016, for the
   81  purposes set forth in this subparagraph.
   82         4. The sum of $64 million is appropriated and shall be
   83  transferred to the Everglades Trust Fund for the 2018-2019
   84  fiscal year, and each fiscal year thereafter, for the EAA
   85  reservoir project pursuant to s. 373.4598. Any funds remaining
   86  in any fiscal year shall be made available only for Phase II of
   87  the C-51 reservoir project or projects identified in
   88  subparagraph 1. and must be used in accordance with laws
   89  relating to such projects. Any funds made available for such
   90  purposes in a fiscal year are in addition to the amount
   91  appropriated under subparagraph 1. This distribution shall be
   92  reduced by an amount equal to the debt service paid pursuant to
   93  paragraph (a) on bonds issued after July 1, 2017, for the
   94  purposes set forth in this subparagraph.
   95         5. A minimum of the lesser of 7.6 percent or $50 million
   96  must be appropriated annually each fiscal year for projects
   97  dedicated to the conservation and management of the Indian River
   98  Lagoon. This distribution must be reduced by an amount equal to
   99  the debt service paid pursuant to paragraph (a) on bonds issued
  100  after July 1, 2019, for the purposes set forth in this
  101  subparagraph. The Department of Environmental Protection shall
  102  use the funds to make grants for projects that implement the
  103  Indian River Lagoon Comprehensive Conservation and Management
  104  Plan that was last updated in 2008, including multiyear grants
  105  for the planning and construction of such projects. The
  106  department shall coordinate all such grants with the South
  107  Florida Water Management District and the St. Johns River Water
  108  Management District. The department, the South Florida Water
  109  Management District, and the St. Johns River Water Management
  110  District, as necessary, shall coordinate such grants with other
  111  water management districts. Preference must be given to projects
  112  that monitor ecosystems and restore habitats, connect onsite
  113  sewage treatment and disposal systems to central sewer systems,
  114  and manage stormwater, freshwater, and agricultural discharges.
  115  Grants for sewer system connection projects and discharge
  116  management projects must require a minimum 50 percent local
  117  match. Beginning January 1, 2020, and each January 1 thereafter,
  118  the department shall submit a report regarding the projects
  119  funded pursuant to this subparagraph to the Governor, the
  120  President of the Senate, and the Speaker of the House of
  121  Representatives Notwithstanding subparagraph 3., for the 2018
  122  2019 fiscal year, funds shall be appropriated as provided in the
  123  General Appropriations Act. This subparagraph expires July 1,
  124  2019.
  125         Section 2. This act shall take effect July 1, 2019.