Florida Senate - 2022                                     SB 602
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00754-22                                            2022602__
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; requiring an annual
    4         appropriation from the Land Acquisition Trust Fund to
    5         the Department of Environmental Protection to
    6         implement the Florida Keys Stewardship Act or to
    7         acquire land within the Florida Keys Area of Critical
    8         State Concern for specified purposes; prohibiting the
    9         department from using the appropriated funds to
   10         implement wastewater management projects or programs;
   11         requiring the distribution to be reduced by a
   12         specified amount; deleting obsolete language;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (3) of section 375.041, Florida
   18  Statutes, is amended to read:
   19         375.041 Land Acquisition Trust Fund.—
   20         (3) Funds distributed into the Land Acquisition Trust Fund
   21  pursuant to s. 201.15 shall be applied:
   22         (a) First, to pay debt service or to fund debt service
   23  reserve funds, rebate obligations, or other amounts payable with
   24  respect to Florida Forever bonds issued under s. 215.618; and
   25  pay debt service, provide reserves, and pay rebate obligations
   26  and other amounts due with respect to Everglades restoration
   27  bonds issued under s. 215.619; and
   28         (b) Of the funds remaining after the payments required
   29  under paragraph (a), but before funds may be appropriated,
   30  pledged, or dedicated for other uses:
   31         1. A minimum of the lesser of 25 percent or $200 million
   32  shall be appropriated annually for Everglades projects that
   33  implement the Comprehensive Everglades Restoration Plan as set
   34  forth in s. 373.470, including the Central Everglades Planning
   35  Project subject to Congressional authorization; the Long-Term
   36  Plan as defined in s. 373.4592(2); and the Northern Everglades
   37  and Estuaries Protection Program as set forth in s. 373.4595.
   38  From these funds, $32 million shall be distributed each fiscal
   39  year through the 2023-2024 fiscal year to the South Florida
   40  Water Management District for the Long-Term Plan as defined in
   41  s. 373.4592(2). After deducting the $32 million distributed
   42  under this subparagraph, from the funds remaining, a minimum of
   43  the lesser of 76.5 percent or $100 million shall be appropriated
   44  each fiscal year through the 2025-2026 fiscal year for the
   45  planning, design, engineering, and construction of the
   46  Comprehensive Everglades Restoration Plan as set forth in s.
   47  373.470, including the Central Everglades Planning Project, the
   48  Everglades Agricultural Area Storage Reservoir Project, the Lake
   49  Okeechobee Watershed Project, the C-43 West Basin Storage
   50  Reservoir Project, the Indian River Lagoon-South Project, the
   51  Western Everglades Restoration Project, and the Picayune Strand
   52  Restoration Project. The Department of Environmental Protection
   53  and the South Florida Water Management District shall give
   54  preference to those Everglades restoration projects that reduce
   55  harmful discharges of water from Lake Okeechobee to the St.
   56  Lucie or Caloosahatchee estuaries in a timely manner. For the
   57  purpose of performing the calculation provided in this
   58  subparagraph, the amount of debt service paid pursuant to
   59  paragraph (a) for bonds issued after July 1, 2016, for the
   60  purposes set forth under paragraph (b) shall be added to the
   61  amount remaining after the payments required under paragraph
   62  (a). The amount of the distribution calculated shall then be
   63  reduced by an amount equal to the debt service paid pursuant to
   64  paragraph (a) on bonds issued after July 1, 2016, for the
   65  purposes set forth under this subparagraph.
   66         2. A minimum of the lesser of 7.6 percent or $50 million
   67  shall be appropriated annually for spring restoration,
   68  protection, and management projects. For the purpose of
   69  performing the calculation provided in this subparagraph, the
   70  amount of debt service paid pursuant to paragraph (a) for bonds
   71  issued after July 1, 2016, for the purposes set forth under
   72  paragraph (b) shall be added to the amount remaining after the
   73  payments required under paragraph (a). The amount of the
   74  distribution calculated shall then be reduced by an amount equal
   75  to the debt service paid pursuant to paragraph (a) on bonds
   76  issued after July 1, 2016, for the purposes set forth under this
   77  subparagraph.
   78         3. The sum of $5 million shall be appropriated annually
   79  each fiscal year through the 2025-2026 fiscal year to the St.
   80  Johns River Water Management District for projects dedicated to
   81  the restoration of Lake Apopka. This distribution shall be
   82  reduced by an amount equal to the debt service paid pursuant to
   83  paragraph (a) on bonds issued after July 1, 2016, for the
   84  purposes set forth in this subparagraph.
   85         4. The sum of $64 million is appropriated and shall be
   86  transferred to the Everglades Trust Fund for the 2018-2019
   87  fiscal year, and each fiscal year thereafter, for the EAA
   88  reservoir project pursuant to s. 373.4598. Any funds remaining
   89  in any fiscal year shall be made available only for Phase II of
   90  the C-51 reservoir project or projects identified in
   91  subparagraph 1. and must be used in accordance with laws
   92  relating to such projects. Any funds made available for such
   93  purposes in a fiscal year are in addition to the amount
   94  appropriated under subparagraph 1. This distribution shall be
   95  reduced by an amount equal to the debt service paid pursuant to
   96  paragraph (a) on bonds issued after July 1, 2017, for the
   97  purposes set forth in this subparagraph.
   98         5. The sum of $50 million shall be appropriated annually to
   99  the South Florida Water Management District for the Lake
  100  Okeechobee Watershed Restoration Project in accordance with s.
  101  373.4599. This distribution must be reduced by an amount equal
  102  to the debt service paid pursuant to paragraph (a) on bonds
  103  issued after July 1, 2021, for the purposes set forth in this
  104  subparagraph.
  105         6.a.The sum of $20 million shall be appropriated annually
  106  to the Department of Environmental Protection for the purpose
  107  of:
  108         (I)Implementing the Florida Keys Stewardship Act, chapter
  109  2016-225, Laws of Florida, by entering into financial assistance
  110  agreements with local governments located in the Florida Keys
  111  Area of Critical State Concern or the City of Key West Area of
  112  Critical State Concern to promote the protection or restoration
  113  of Florida Bay, the Florida Keys, and nearshore marine
  114  ecosystems, including coral reefs; or
  115         (II)Acquiring land within the Florida Keys Area of
  116  Critical State Concern as authorized pursuant to s. 259.045,
  117  with increased priority given to acquisitions that achieve a
  118  combination of conservation goals, including protecting this
  119  state’s water resources and natural groundwater recharge.
  120         b.Notwithstanding any other law, the department may not
  121  use the appropriated funds to implement wastewater management
  122  projects or programs.
  123         c.The distribution must be reduced by an amount equal to
  124  the debt service paid pursuant to paragraph (a) on bonds issued
  125  after July 1, 2022, for the purposes set forth in this
  126  subparagraph Notwithstanding subparagraph 3., for the 2021-2022
  127  fiscal year, funds shall be appropriated as provided in the
  128  General Appropriations Act. This subparagraph expires July 1,
  129  2022.
  130         Section 2. This act shall take effect July 1, 2022.