Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 7002
       
       
       
       
       
       
                                Ì712752%Î712752                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/09/2025 01:53 PM       .                                
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       Senator Brodeur moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 378 - 568
    4  and insert:
    5         2.a.The districts may levy separate ad valorem taxes on
    6  property within the district or basin for the purposes of the
    7  construction of capital improvement projects. Such levy must be
    8  by resolution adopted by a majority vote of the governing board
    9  and conditioned to take effect only upon approval by a majority
   10  vote of the electors in the district or basin, as applicable,
   11  voting in a referendum held at a general election as defined in
   12  s. 97.021. The resolution must be conditioned to take effect on
   13  the January 1 immediately following voter approval of the
   14  referendum. The resolution must include the millage to be
   15  levied, a detailed description of the capital improvement
   16  projects to be funded by the millage, such projects’ expected
   17  dates of completion, and the maximum duration for the levy of
   18  the millage, which may not extend beyond the date that the
   19  projects are expected to be completed. The millage levied under
   20  this subparagraph may be up to an amount that, when combined
   21  with millage levied under subparagraph 1., does not exceed the
   22  maximum total millage rate authorized under paragraph (b). The
   23  referendum question on the ballot must specify a brief and
   24  general description of the purpose of the levy and the maximum
   25  length of time the millage may be imposed.
   26         b.For purposes of this subparagraph, the term “capital
   27  improvement projects” means projects related to water supply,
   28  including alternative water supply and water resource
   29  development projects identified in the district’s regional water
   30  supply plans, water quality, flood protection and floodplain
   31  management, and natural systems.
   32         (b)(a) Notwithstanding any other general or special law,
   33  and subject to subsection (4), the maximum total millage rate
   34  for all district and basin purposes authorized under this
   35  section shall be:
   36         1. Northwest Florida Water Management District: 0.05 mill.
   37         2. Suwannee River Water Management District: 0.75 mill.
   38         3. St. Johns River Water Management District: 0.6 mill.
   39         4. Southwest Florida Water Management District: 1.0 mill.
   40         5. South Florida Water Management District: 0.80 mill.
   41         (c)(b) The apportionment of millages levied pursuant to
   42  subparagraph (a)1. in the South Florida Water Management
   43  District shall be a maximum of 40 percent for district purposes
   44  and a maximum of 60 percent for basin purposes, respectively.
   45         (d)(c) Within the Southwest Florida Water Management
   46  District, the maximum millage assessed for district purposes may
   47  not exceed 50 percent of the total authorized millage if there
   48  are one or more basins in the district, and the maximum millage
   49  assessed for basin purposes may not exceed 50 percent of the
   50  total authorized millage.
   51         Section 9. Subsections (1) and (3) of section 373.535,
   52  Florida Statutes, are amended, and subsection (2) of that
   53  section is reenacted, to read:
   54         373.535 Preliminary district budgets.—
   55         (1) BUDGET DEVELOPMENT.—
   56         (a) By January 15 of each year, each water management
   57  district shall submit a preliminary budget for the next fiscal
   58  year for legislative review to the President of the Senate, the
   59  Speaker of the House of Representatives, and the chairs of each
   60  legislative committee and subcommittee having substantive or
   61  fiscal jurisdiction over water management districts, as
   62  determined by the President of the Senate or the Speaker of the
   63  House of Representatives, as applicable, in the form and manner
   64  prescribed in s. 373.536(5)(e).
   65         (b) Each preliminary budget must also include:
   66         1. A section that clearly identifies and provides
   67  justification for each proposed expenditure listed in s.
   68  373.536(5)(e)4.e. and f. and identifies the source of funds for
   69  each proposed expenditure.
   70         2. A section identifying the justification for proposed
   71  expenditures by core mission area of responsibility and the
   72  source of funds needed for activities related to water supply,
   73  including alternative water supply and water resource
   74  development projects identified in the district’s regional water
   75  supply plans, water quality, flood protection and floodplain
   76  management, and natural systems.
   77         3. A section that includes the district’s capital
   78  improvement plan for the current fiscal year and the next fiscal
   79  year, which will be incorporated as part of the district’s 5
   80  year capital improvement plan. The following information must be
   81  included for each project contained in the capital improvement
   82  plan:
   83         a. Estimated beginning and ending date.
   84         b. Current status, such as planning, construction, or
   85  operations.
   86         c.Funding source, grouped by federal, state, and local
   87  pursuant to s. 373.503(3)(a)1., local pursuant to s.
   88  373.503(3)(a)2., or other.
   89         d. Total cost of the project.
   90         e. Whether the project is funded from reserves.
   91         f. Total expenditures made to date, by fiscal year.
   92         g. Current year estimated expenditures.
   93         h. Annual budget, including future budget requests, until
   94  project completion, by funding source.
   95         i. Project description.
   96         j. State program code, such as operations and maintenance
   97  or ecosystems restoration.
   98         4.3. A section reviewing the adopted and proposed budget
   99  allocations by program area and the performance metrics for the
  100  prior year.
  101         5.4. An analysis of each preliminary budget to determine
  102  the adequacy of fiscal resources available to the district and
  103  the adequacy of proposed district expenditures related to the
  104  core mission areas of responsibility for water supply, including
  105  alternative water supply and water resource development projects
  106  identified in the district’s regional water supply plans, water
  107  quality, flood protection and floodplain management, and natural
  108  systems. The analysis must be based on the particular needs
  109  within each district for core mission areas of responsibility.
  110  The water supply analysis must specifically include a
  111  determination of the adequacy of each district’s fiscal
  112  resources provided in the district’s preliminary budget to
  113  achieve appropriate progress toward meeting the districtwide 20
  114  year projected water supply demands, including funding for
  115  alternative water supply development and conservation projects.
  116         (c)(b) If applicable, the preliminary budget for each
  117  district must specify that the district’s first obligation for
  118  payment is the debt service on bonds and certificates of
  119  participation.
  120         (d)In addition to the information that must be included
  121  for projects carried out pursuant to the capital improvement
  122  plan in subparagraph (b)3., the South Florida Water Management
  123  District must include a separate section in its preliminary
  124  budget for all projects within the Comprehensive Everglades
  125  Restoration Plan. The information for the separate section must
  126  be provided on a project-by-project basis and include the source
  127  of funds. For each project, all of the following information
  128  must be included:
  129         1. The project title and a brief description.
  130         2. The total estimated cost of the project, delineated by
  131  federal and nonfederal sponsor obligations. The local sponsor
  132  obligations must be further delineated by state and district
  133  obligations.
  134         3. The timeline for the project.
  135         4. The total expenditures to date and estimated remaining
  136  expenditures needed for project completion.
  137         5. The estimate of expenditures for the current year.
  138         6. The estimate of expenditures for the next fiscal year.
  139         (e) For expenditures funded by state appropriations, the
  140  South Florida Water Management District must indicate which
  141  fiscal year the appropriation is from. In estimating
  142  expenditures for the next fiscal year, the district may
  143  incorporate state revenues only in an amount up to the amount of
  144  funds specifically provided in s. 375.041(3)(b)1., 4., and 5.,
  145  unless the district commits district revenues on a dollar-for
  146  dollar basis for any amount over such amount specifically
  147  provided.
  148         (2) LEGISLATIVE REVIEW.—
  149         (a) The Legislature may annually review the preliminary
  150  budget for each district, including, but not limited to, those
  151  items listed in s. 373.536(5)(e)4.d.-f., specific to regulation,
  152  outreach, management, and administration program areas.
  153         (b) On or before March 1 of each year, the President of the
  154  Senate and the Speaker of the House of Representatives may
  155  submit comments regarding the preliminary budget to the
  156  districts, and provide a copy of the comments to the Executive
  157  Office of the Governor. Each district shall respond to the
  158  comments in writing on or before March 15 of each year to the
  159  President of the Senate, the Speaker of the House of
  160  Representatives, and the Executive Office of the Governor.
  161         (c) If, following such review, the Legislature does not
  162  take any action pursuant to s. 373.503 on or before July 1 of
  163  each year, a water management district may proceed with budget
  164  development as provided in subsection (3) and s. 373.536.
  165         (3) FUNDING AUTHORITY GRANTED.—Each district shall use the
  166  preliminary budget as submitted pursuant to subsection (1), and
  167  as may be amended by the district in response to review by the
  168  Legislature pursuant to this section and s. 373.503, as the
  169  basis for developing the tentative budget for the next fiscal
  170  year as provided in s. 373.536(5). However, this subsection may
  171  not be construed to impair any contractual obligations.
  172         Section 10. Paragraphs (c) and (e) of subsection (5) of
  173  section 373.536, Florida Statutes, are amended to read:
  174         373.536 District budget and hearing thereon.—
  175         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  176  APPROVAL.—
  177         (c) The Legislative Budget Commission may reject any of the
  178  following district budget proposals unless specifically
  179  appropriated by the Legislature:
  180         1. A single purchase of land in excess of $10 million,
  181  except for land exchanges.
  182         2. Any cumulative purchase of land during a single fiscal
  183  year in excess of $50 million.
  184         3. Any issuance of debt on or after July 1, 2012.
  185         4. Any program expenditure expenditures as described in
  186  sub-subparagraphs (e)4.e. and f. in excess of 15 percent of a
  187  district’s total annual budget.
  188         5. Any individual variance variances in a district’s
  189  tentative budget which is in excess of 25 percent from a
  190  district’s preliminary budget.
  191         6.Any individual portion of a district’s tentative budget
  192  funded with state appropriations.
  193         7.Any individual project in the district’s 5-year capital
  194  improvement plan except for those projects fully funded with
  195  revenues approved by voters pursuant to s. 373.503(3)(a)2.a.
  196  
  197  ================= T I T L E  A M E N D M E N T ================
  198  And the title is amended as follows:
  199         Delete lines 50 - 67
  200  and insert:
  201         373.503, F.S.; authorizing the districts to levy
  202         certain ad valorem taxes on specified property for
  203         certain purposes; requiring a governing board levying
  204         ad valorem taxes for certain projects to adopt a
  205         resolution approved by a majority vote of the voting
  206         electors in the district or basin; providing
  207         requirements for such resolution; providing
  208         specifications for millage levied; requiring that the
  209         referendum question on the ballot specify the purpose
  210         of the levy and the maximum length of time the millage
  211         may be imposed; defining the term “capital improvement
  212         projects”; revising requirements for the maximum total
  213         millage rate;