Florida Senate - 2019 SB 376
By Senator Montford
3-00887A-19 2019376__
1 A bill to be entitled
2 An act relating to the Land Acquisition Trust Fund;
3 amending s. 375.041, F.S.; requiring that certain
4 funds distributed into the Land Acquisition Trust Fund
5 be used for conservation and management projects in
6 certain counties; providing the types of projects for
7 which the Department of Environmental Protection may
8 use such funds; removing an obsolete provision;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (3) of section 375.041, Florida
14 Statutes, is amended to read:
15 375.041 Land Acquisition Trust Fund.—
16 (3) Funds distributed into the Land Acquisition Trust Fund
17 pursuant to s. 201.15 must shall be applied:
18 (a) First, to pay debt service or to fund debt service
19 reserve funds, rebate obligations, or other amounts payable with
20 respect to Florida Forever bonds issued under s. 215.618; and
21 pay debt service, provide reserves, and pay rebate obligations
22 and other amounts due with respect to Everglades restoration
23 bonds issued under s. 215.619; and
24 (b) Of the funds remaining after the payments required
25 under paragraph (a), but before funds may be appropriated,
26 pledged, or dedicated for other uses:
27 1. A minimum of the lesser of 25 percent or $200 million
28 must shall be appropriated annually for Everglades projects that
29 implement the Comprehensive Everglades Restoration Plan as set
30 forth in s. 373.470, including the Central Everglades Planning
31 Project subject to Congressional authorization; the Long-Term
32 Plan as defined in s. 373.4592(2); and the Northern Everglades
33 and Estuaries Protection Program as set forth in s. 373.4595.
34 From these funds, $32 million must shall be distributed each
35 fiscal year through the 2023-2024 fiscal year to the South
36 Florida Water Management District for the Long-Term Plan as
37 defined in s. 373.4592(2). After deducting the $32 million
38 distributed under this subparagraph, from the funds remaining, a
39 minimum of the lesser of 76.5 percent or $100 million must shall
40 be appropriated each fiscal year through the 2025-2026 fiscal
41 year for the planning, design, engineering, and construction of
42 the Comprehensive Everglades Restoration Plan as set forth in s.
43 373.470, including the Central Everglades Planning Project, the
44 Everglades Agricultural Area Storage Reservoir Project, the Lake
45 Okeechobee Watershed Project, the C-43 West Basin Storage
46 Reservoir Project, the Indian River Lagoon-South Project, the
47 Western Everglades Restoration Project, and the Picayune Strand
48 Restoration Project. The Department of Environmental Protection
49 and the South Florida Water Management District shall give
50 preference to those Everglades restoration projects that reduce
51 harmful discharges of water from Lake Okeechobee to the St.
52 Lucie or Caloosahatchee estuaries in a timely manner. For the
53 purpose of performing the calculation provided in this
54 subparagraph, the amount of debt service paid pursuant to
55 paragraph (a) for bonds issued after July 1, 2016, for the
56 purposes set forth under this paragraph must (b) shall be added
57 to the amount remaining after the payments required under
58 paragraph (a). The amount of the distribution calculated must
59 shall then be reduced by an amount equal to the debt service
60 paid pursuant to paragraph (a) on bonds issued after July 1,
61 2016, for the purposes set forth under this subparagraph.
62 2. A minimum of the lesser of 7.6 percent or $50 million
63 must shall be appropriated annually for spring restoration,
64 protection, and management projects. For the purpose of
65 performing the calculation provided in this subparagraph, the
66 amount of debt service paid pursuant to paragraph (a) for bonds
67 issued after July 1, 2016, for the purposes set forth under this
68 paragraph must (b) shall be added to the amount remaining after
69 the payments required under paragraph (a). The amount of the
70 distribution calculated shall then be reduced by an amount equal
71 to the debt service paid pursuant to paragraph (a) on bonds
72 issued after July 1, 2016, for the purposes set forth under this
73 subparagraph.
74 3. The sum of $5 million must shall be appropriated
75 annually each fiscal year through the 2025-2026 fiscal year to
76 the St. Johns River Water Management District for projects
77 dedicated to the restoration of Lake Apopka. This distribution
78 must shall be reduced by an amount equal to the debt service
79 paid pursuant to paragraph (a) on bonds issued after July 1,
80 2016, for the purposes set forth in this subparagraph.
81 4. The sum of $64 million is appropriated and must shall be
82 transferred to the Everglades Trust Fund for the 2018-2019
83 fiscal year, and each fiscal year thereafter, for the EAA
84 reservoir project pursuant to s. 373.4598. Any funds remaining
85 in any fiscal year must shall be made available only for Phase
86 II of the C-51 reservoir project or projects identified in
87 subparagraph 1. and must be used in accordance with laws
88 relating to such projects. Any funds made available for such
89 purposes in a fiscal year are in addition to the amount
90 appropriated under subparagraph 1. This distribution must shall
91 be reduced by an amount equal to the debt service paid pursuant
92 to paragraph (a) on bonds issued after July 1, 2017, for the
93 purposes set forth in this subparagraph.
94 5. The sum of $50 million must be appropriated each fiscal
95 year through the 2025-2026 fiscal year for projects dedicated to
96 conservation and management projects in the following counties
97 impacted by Hurricane Michael during the 2018 hurricane season:
98 Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson,
99 Jefferson, Leon, Liberty, Okaloosa, Wakulla, Walton, and
100 Washington. This distribution must be reduced by an amount equal
101 to the debt service paid pursuant to paragraph (a) on bonds
102 issued after July 1, 2019, for the purposes set forth in this
103 subparagraph. The Department of Environmental Protection may use
104 these funds for reforestation; ecosystem management; fire
105 control measures; debris removal; pollution mitigation; beach
106 renourishment; coastal armoring and protection; and the
107 construction, enhancement, or expansion of wastewater treatment
108 facilities Notwithstanding subparagraph 3., for the 2018-2019
109 fiscal year, funds shall be appropriated as provided in the
110 General Appropriations Act. This subparagraph expires July 1,
111 2019.
112 Section 2. This act shall take effect July 1, 2019.