Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 768
       
       
       
       
       
       
                                Barcode 841176                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       The Committee on Environmental Preservation and Conservation
       (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (g) of subsection (1), paragraph (j)
    6  of subsection (2), paragraphs (d) and (e) of subsection (3),
    7  paragraph (a) of subsection (4), and paragraphs (c) and (h) of
    8  subsection (6) of section 373.4592, Florida Statutes, are
    9  amended, and paragraph (h) is added to subsection (4) of that
   10  section, to read:
   11         373.4592 Everglades improvement and management.—
   12         (1) FINDINGS AND INTENT.—
   13         (g) The Legislature finds that the Statement of Principles
   14  of July 1993, the Everglades Construction Project, and the
   15  regulatory requirements of this section provide a sound basis
   16  for the state’s long-term cleanup and restoration objectives for
   17  the Everglades. It is the intent of the Legislature to provide a
   18  sufficient period of time for construction, testing, and
   19  research, so that the benefits of the Long-Term Plan Everglades
   20  Construction Project will be determined and maximized prior to
   21  requiring additional measures. The Legislature finds that STAs
   22  and BMPs are currently the best available technology for
   23  achieving the interim water quality goals of the Everglades
   24  Program and that implementation of BMPs, funded by the owners
   25  and users of land in the EAA, effectively reduces nutrients in
   26  waters flowing into the Everglades Protection Area. A combined
   27  program of agricultural BMPs, STAs, and requirements of this
   28  section is a reasonable method of achieving interim total
   29  phosphorus discharge reductions. The Everglades Program is an
   30  appropriate foundation on which to build a long-term program to
   31  ultimately achieve restoration and protection of the Everglades
   32  Protection Area.
   33         (2) DEFINITIONS.—As used in this section:
   34         (j) “Long-Term Plan” or “Plan” means the district’s
   35  “Everglades Protection Area Tributary Basins Conceptual Plan for
   36  Achieving Long-Term Water Quality Goals Final Report” dated
   37  March 2003, as subsequently modified in accordance with
   38  paragraph (3)(b), and the district’s “Restoration Strategies
   39  Regional Water Quality Plan” dated April 27, 2012, as may be
   40  subsequently modified pursuant to paragraph (3)(b) modified
   41  herein.
   42         (3) EVERGLADES LONG-TERM PLAN.—
   43         (d) The Legislature recognizes that the Long-Term Plan
   44  contains an initial phase and a 10-year second phase. The
   45  Legislature intends that a review of this act at least 10 years
   46  after implementation of the Long-Term Plan initial phase is
   47  appropriate and necessary to the public interest. The review is
   48  the best way to ensure that the Everglades Protection Area is
   49  achieving state water quality standards, including phosphorus
   50  reduction, and the Long-Term Plan is using the best technology
   51  available. A 10-year second phase of the Long-Term Plan must be
   52  approved by the Legislature and codified in this act prior to
   53  implementation of projects, but not prior to development,
   54  review, and approval of projects by the department.
   55         (e) The Long-Term Plan shall be implemented for an initial
   56  13-year phase (2003-2016) and shall achieve water quality
   57  standards relating to the phosphorus criterion in the Everglades
   58  Protection Area as determined by a network of monitoring
   59  stations established for this purpose. Not later than December
   60  31, 2008, and each 5 years thereafter, the department shall
   61  review and approve incremental phosphorus reduction measures.
   62         (4) EVERGLADES PROGRAM.—
   63         (a) Everglades Construction Project.—The district shall
   64  implement the Everglades Construction Project. By the time of
   65  completion of the project, the state, district, or other
   66  governmental authority shall purchase the inholdings in the
   67  Rotenberger and such other lands necessary to achieve a 2:1
   68  mitigation ratio for the use of Brown’s Farm and other similar
   69  lands, including those needed for the STA 1 Inflow and
   70  Distribution Works. The inclusion of public lands as part of the
   71  project is for the purpose of treating waters not coming from
   72  the EAA for hydroperiod restoration. It is the intent of the
   73  Legislature that the district aggressively pursue the
   74  implementation of the Everglades Construction Project in
   75  accordance with the schedule in this subsection. The Legislature
   76  recognizes that adherence to the schedule is dependent upon
   77  factors beyond the control of the district, including the timely
   78  receipt of funds from all contributors. The district shall take
   79  all reasonable measures to complete timely performance of the
   80  schedule in this section in order to finish the Everglades
   81  Construction Project. The district shall not delay
   82  implementation of the project beyond the time delay caused by
   83  those circumstances and conditions that prevent timely
   84  performance. The district shall not levy ad valorem taxes in
   85  excess of 0.1 mill within the Okeechobee Basin for the purposes
   86  of the design, construction, and acquisition of the Everglades
   87  Construction Project. The ad valorem tax proceeds not exceeding
   88  0.1 mill levied within the Okeechobee Basin for such purposes
   89  shall also be used for design, construction, and implementation
   90  of the initial phase of the Long-Term Plan, including operation
   91  and maintenance, and research for the projects and strategies in
   92  the initial phase of the Long-Term Plan, and including the
   93  enhancements and operation and maintenance of the Everglades
   94  Construction Project and shall be the sole direct district
   95  contribution from district ad valorem taxes appropriated or
   96  expended for the design, construction, and acquisition of the
   97  Everglades Construction Project unless the Legislature by
   98  specific amendment to this section increases the 0.1 mill ad
   99  valorem tax contribution, increases the agricultural privilege
  100  taxes, or otherwise reallocates the relative contribution by ad
  101  valorem taxpayers and taxpayers paying the agricultural
  102  privilege taxes toward the funding of the design, construction,
  103  and acquisition of the Everglades Construction Project.
  104  Notwithstanding the provisions of s. 200.069 to the contrary,
  105  any millage levied under the 0.1 mill limitation in this
  106  paragraph shall be included as a separate entry on the Notice of
  107  Proposed Property Taxes pursuant to s. 200.069. Once the STAs
  108  are completed, the district shall allow these areas to be used
  109  by the public for recreational purposes in the manner set forth
  110  in s. 373.1391(1), considering the suitability of these lands
  111  for such uses. These lands shall be made available for
  112  recreational use unless the district governing board can
  113  demonstrate that such uses are incompatible with the restoration
  114  goals of the Everglades Construction Project or the water
  115  quality and hydrological purposes of the STAs or would otherwise
  116  adversely impact the implementation of the project. The district
  117  shall give preferential consideration to the hiring of
  118  agricultural workers displaced as a result of the Everglades
  119  Construction Project, consistent with their qualifications and
  120  abilities, for the construction and operation of these STAs. The
  121  following milestones apply to the completion of the Everglades
  122  Construction Project as depicted in the February 15, 1994,
  123  conceptual design document:
  124         1. The district must complete the final design of the STA 1
  125  East and West and pursue STA 1 East project components as part
  126  of a cost-shared program with the Federal Government. The
  127  district must be the local sponsor of the federal project that
  128  will include STA 1 East, and STA 1 West if so authorized by
  129  federal law;
  130         2. Construction of STA 1 East is to be completed under the
  131  direction of the United States Army Corps of Engineers in
  132  conjunction with the currently authorized C-51 flood control
  133  project;
  134         3. The district must complete construction of STA 1 West
  135  and STA 1 Inflow and Distribution Works under the direction of
  136  the United States Army Corps of Engineers, if the direction is
  137  authorized under federal law, in conjunction with the currently
  138  authorized C-51 flood control project;
  139         4. The district must complete construction of STA 3/4 by
  140  October 1, 2003; however, the district may modify this schedule
  141  to incorporate and accelerate enhancements to STA 3/4 as
  142  directed in the Long-Term Plan;
  143         5. The district must complete construction of STA 6;
  144         6. The district must, by December 31, 2006, complete
  145  construction of enhancements to the Everglades Construction
  146  Project recommended in the Long-Term Plan and initiate other
  147  pre-2006 strategies in the plan; and
  148         7. East Beach Water Control District, South Shore Drainage
  149  District, South Florida Conservancy District, East Shore Water
  150  Control District, and the lessee of agricultural lease number
  151  3420 shall complete any system modifications described in the
  152  Everglades Construction Project to the extent that funds are
  153  available from the Everglades Fund. These entities shall divert
  154  the discharges described within the Everglades Construction
  155  Project within 60 days of completion of construction of the
  156  appropriate STA. Such required modifications shall be deemed to
  157  be a part of each district’s plan of reclamation pursuant to
  158  chapter 298.
  159         (h) After completion of all projects and improvements in
  160  the Long-Term Plan, the district shall complete a use
  161  attainability analysis to determine if those projects and
  162  improvements will achieve the water quality based effluent
  163  limits established in permits and orders authorizing the
  164  operation of those facilities.
  165         (6) EVERGLADES AGRICULTURAL PRIVILEGE TAX.—
  166         (c) The initial Everglades agricultural privilege tax roll
  167  shall be certified for the tax notices mailed in November 1994.
  168  Incentive credits to the Everglades agricultural privilege taxes
  169  to be included on the initial Everglades agricultural privilege
  170  tax roll, if any, shall be based upon the total phosphorus load
  171  reduction for the year ending April 30, 1993. The Everglades
  172  agricultural privilege taxes for each year shall be computed in
  173  the following manner:
  174         1. Annual Everglades agricultural privilege taxes shall be
  175  charged for the privilege of conducting an agricultural trade or
  176  business on each acre of real property or portion thereof. The
  177  annual Everglades agricultural privilege tax shall be $24.89 per
  178  acre for the tax notices mailed in November 1994 through
  179  November 1997; $27 per acre for the tax notices mailed in
  180  November 1998 through November 2001; $31 per acre for the tax
  181  notices mailed in November 2002 through November 2005; and $35
  182  per acre for the tax notices mailed in November 2006 through
  183  November 2013.
  184         2. It is the intent of the Legislature to encourage the
  185  performance of best management practices to maximize the
  186  reduction of phosphorus loads at points of discharge from the
  187  EAA by providing an incentive credit against the Everglades
  188  agricultural privilege taxes set forth in subparagraph 1. The
  189  total phosphorus load reduction shall be measured for the entire
  190  EAA by comparing the actual measured total phosphorus load
  191  attributable to the EAA for each annual period ending on April
  192  30 to the total estimated phosphorus load that would have
  193  occurred during the 1979-1988 base period using the model for
  194  total phosphorus load determinations provided in chapter 40E-63,
  195  Florida Administrative Code, utilizing the technical information
  196  and procedures contained in Section IV-EAA Period of Record Flow
  197  and Phosphorus Load Calculations; Section V-Monitoring
  198  Requirements; and Section VI-Phosphorus Load Allocations and
  199  Compliance Calculations of the Draft Technical Document in
  200  Support of chapter 40E-63, Florida Administrative Code - Works
  201  of the District within the Everglades, March 3, 1992, and the
  202  Standard Operating Procedures for Water Quality Collection in
  203  Support of the Everglades Water Condition Report, dated February
  204  18, 1994. The model estimates the total phosphorus load that
  205  would have occurred during the 1979-1988 base period by
  206  substituting the rainfall conditions for such annual period
  207  ending April 30 for the conditions that were used to calibrate
  208  the model for the 1979-1988 base period. The data utilized to
  209  calculate the actual loads attributable to the EAA shall be
  210  adjusted to eliminate the effect of any load and flow that were
  211  not included in the 1979-1988 base period as defined in chapter
  212  40E-63, Florida Administrative Code. The incorporation of the
  213  method of measuring the total phosphorus load reduction provided
  214  in this subparagraph is intended to provide a legislatively
  215  approved aid to the governing board of the district in making an
  216  annual ministerial determination of any incentive credit.
  217         3. Phosphorus load reductions calculated in the manner
  218  described in subparagraph 2. and rounded to the nearest whole
  219  percentage point for each annual period beginning on May 1 and
  220  ending on April 30 shall be used to compute incentive credits to
  221  the Everglades agricultural privilege taxes to be included on
  222  the annual tax notices mailed in November of the next ensuing
  223  calendar year. Incentive credits, if any, will reduce the
  224  Everglades agricultural privilege taxes set forth in
  225  subparagraph 1. only to the extent that the phosphorus load
  226  reduction exceeds 25 percent. Subject to subparagraph 4., the
  227  reduction of phosphorus load by each percentage point in excess
  228  of 25 percent, computed for the 12-month period ended on April
  229  30 of the calendar year immediately preceding certification of
  230  the Everglades agricultural privilege tax, shall result in the
  231  following incentive credits: $0.33 per acre for the tax notices
  232  mailed in November 1994 through November 1997; $0.54 per acre
  233  for the tax notices mailed in November 1998 through November
  234  2001; $0.61 per acre for the tax notices mailed in November 2002
  235  through November 2005, and $0.65 per acre for the tax notices
  236  mailed in November 2006 through November 2013. The determination
  237  of incentive credits, if any, shall be documented by resolution
  238  of the governing board of the district adopted prior to or at
  239  the time of the adoption of its resolution certifying the annual
  240  Everglades agricultural privilege tax roll to the appropriate
  241  tax collector.
  242         4. Notwithstanding subparagraph 3., incentive credits for
  243  the performance of best management practices shall not reduce
  244  the minimum annual Everglades agricultural privilege tax to less
  245  than $24.89 per acre, which annual Everglades agricultural
  246  privilege tax as adjusted in the manner required by paragraph
  247  (e) shall be known as the “minimum tax.” To the extent that the
  248  application of incentive credits for the performance of best
  249  management practices would reduce the annual Everglades
  250  agricultural privilege tax to an amount less than the minimum
  251  tax, then the unused or excess incentive credits for the
  252  performance of best management practices shall be carried
  253  forward, on a phosphorus load percentage basis, to be applied as
  254  incentive credits in subsequent years. Any unused or excess
  255  incentive credits remaining after certification of the
  256  Everglades agricultural privilege tax roll for the tax notices
  257  mailed in November 2013 shall be canceled.
  258         5. Notwithstanding the schedule of Everglades agricultural
  259  privilege taxes set forth in subparagraph 1., the owner, lessee,
  260  or other appropriate interestholder of any property shall be
  261  entitled to have the Everglades agricultural privilege tax for
  262  any parcel of property reduced to the minimum tax, commencing
  263  with the tax notices mailed in November 1996 for parcels of
  264  property participating in the early baseline option as defined
  265  in chapter 40E-63, Florida Administrative Code, and with the tax
  266  notices mailed in November 1997 for parcels of property not
  267  participating in the early baseline option, upon compliance with
  268  the requirements set forth in this subparagraph. The owner,
  269  lessee, or other appropriate interestholder shall file an
  270  application with the executive director of the district prior to
  271  July 1 for consideration of reduction to the minimum tax on the
  272  Everglades agricultural privilege tax roll to be certified for
  273  the tax notice mailed in November of the same calendar year and
  274  shall have the burden of proving the reduction in phosphorus
  275  load attributable to such parcel of property. The phosphorus
  276  load reduction for each discharge structure serving the parcel
  277  shall be measured as provided in chapter 40E-63, Florida
  278  Administrative Code, and the permit issued for such property
  279  pursuant to chapter 40E-63, Florida Administrative Code. A
  280  parcel of property which has achieved the following annual
  281  phosphorus load reduction standards shall have the minimum tax
  282  included on the annual tax notice mailed in November of the next
  283  ensuing calendar year: 30 percent or more for the tax notices
  284  mailed in November 1994 through November 1997; 35 percent or
  285  more for the tax notices mailed in November 1998 through
  286  November 2001; 40 percent or more for the tax notices mailed in
  287  November 2002 through November 2005; and 45 percent or more for
  288  the tax notices mailed in November 2006 through November 2013.
  289  In addition, any parcel of property that achieves an annual flow
  290  weighted mean concentration of 50 parts per billion (ppb) of
  291  phosphorus at each discharge structure serving the property for
  292  any year ending April 30 shall have the minimum tax included on
  293  the annual tax notice mailed in November of the next ensuing
  294  calendar year. Any annual phosphorus reductions that exceed the
  295  amount necessary to have the minimum tax included on the annual
  296  tax notice for any parcel of property shall be carried forward
  297  to the subsequent years’ phosphorus load reduction to determine
  298  if the minimum tax shall be included on the annual tax notice.
  299  The governing board of the district shall deny or grant the
  300  application by resolution adopted prior to or at the time of the
  301  adoption of its resolution certifying the annual Everglades
  302  agricultural privilege tax roll to the appropriate tax
  303  collector.
  304         6. The annual Everglades agricultural privilege tax shall
  305  be: for the tax notices mailed in November 2014 through November
  306  2026, 2016 shall be $25 per acre; for the tax notices mailed in
  307  November 2027 through 2029, $20 per acre; for the tax notices
  308  mailed in November 2030 through 2035, $15 per acre; and for the
  309  tax notices mailed in November 2036 2017 and thereafter, shall
  310  be $10 per acre. Proceeds from the tax shall be used for design,
  311  construction, and implementation of the Long-Term Plan,
  312  including operation and maintenance, and research for the
  313  projects and strategies in the Long-Term Plan, including the
  314  enhancements and operation and maintenance of the Everglades
  315  Construction Project.
  316         (h) In recognition of the findings set forth in subsection
  317  (1), the Legislature finds that the assessment and use of the
  318  Everglades agricultural privilege tax is a matter of concern to
  319  all areas of Florida. and The Legislature intends this act to be
  320  a general law authorization of the Everglades agricultural
  321  privilege tax within the meaning of s. 9, Art. VII of the State
  322  Constitution and further intends that payment of the tax, in
  323  addition to payment of the cost of continuing implementation of
  324  BMPs, fulfills complies with the obligations of owners and users
  325  of land under s. 7(b), Art. II of the State Constitution.
  326         Section 2. Beginning in the 2013-2014 fiscal year and each
  327  year thereafter through the 2023-2024 fiscal year, the sum of
  328  $12 million in recurring general revenue funds and $20 million
  329  in recurring funds from the Water Management Lands Trust Fund is
  330  appropriated to the Department of Environmental Protection for
  331  the Restoration Strategies Regional Water Quality Plan. This
  332  section shall take effect July 1, 2013.
  333         Section 3. Except as otherwise expressly provided in this
  334  act, this act shall take effect upon becoming a law.
  335  
  336  
  337  ================= T I T L E  A M E N D M E N T ================
  338         And the title is amended as follows:
  339         Delete everything before the enacting clause
  340  and insert:
  341                        A bill to be entitled                      
  342         An act relating to Everglades improvement and
  343         management; amending s. 373.4592, F.S.; revising
  344         legislative findings for achieving water quality
  345         goals; revising the definition of the term “Long-Term
  346         Plan”; revising provisions for use of certain ad
  347         valorem tax proceeds; directing the South Florida
  348         Water Management District to complete a specified
  349         analysis; revising provisions for collection of the
  350         agricultural privilege tax; providing for the use of
  351         such tax proceeds; providing that payment of the tax
  352         and certain costs fulfills certain constitutional
  353         obligations; providing appropriations; providing
  354         effective dates.