Florida Senate - 2015                                     SB 428
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00692A-15                                           2015428__
    1                        A bill to be entitled                      
    2         An act relating to trust funds administered by the
    3         Department of Environmental Protection; amending s.
    4         20.25501, F.S.; codifying the Administrative Trust
    5         Fund, Environmental Laboratory Trust Fund, and Working
    6         Capital Trust Fund; requiring the department to
    7         administer such trust funds; providing for the funding
    8         of such trust funds; amending s. 253.01, F.S.;
    9         clarifying that the land granted to this state for
   10         internal improvement purposes includes nonconservation
   11         lands; amending s. 270.22, F.S.; conforming provisions
   12         to changes made by the act; creating s. 376.41, F.S.;
   13         codifying provisions relating to the Minerals Trust
   14         Fund; creating s. 403.0874, F.S.; codifying provisions
   15         relating to the Air Pollution Control Trust Fund;
   16         amending s. 403.1832, F.S.; removing provisions
   17         relating to federal aid; authorizing the department to
   18         transfer all outstanding appropriations supported by
   19         federal grants to the Federal Grants Trust Fund;
   20         providing for expiration; amending s. 403.709, F.S.;
   21         increasing the amount of funding for mosquito control;
   22         limiting the amount of the funding that may be used
   23         for a solid waste management grant program; deleting
   24         obsolete provisions; reenacting ss. 253.02(1) and
   25         253.05, F.S., to incorporate the amendment made to s.
   26         253.01, F.S., in references thereto; reenacting s.
   27         403.7095(3), F.S., to incorporate the amendment made
   28         to s. 403.709, F.S., in a reference thereto; providing
   29         an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 20.25501, Florida Statutes, is amended
   34  to read:
   35         20.25501 Federal Grants Trust Fund; Department of
   36  Environmental Protection; trust funds.—The following trust funds
   37  shall be administered by the Department of Environmental
   38  Protection:
   39         (1) The Federal Grants Trust Fund is created within the
   40  Department of Environmental Protection.
   41         (a)(2) The trust fund is established for use as a
   42  depository for funds to be used for allowable grant activities
   43  funded by restricted program revenues from federal sources.
   44  Moneys to be credited to the trust fund shall consist of grants
   45  and funding from the Federal Government, interest earnings, and
   46  cash advances from other trust funds.
   47         (b) Funds shall be expended only pursuant to legislative
   48  appropriation or an approved amendment to the department’s
   49  operating budget pursuant to the provisions of chapter 216.
   50         (2) The Administrative Trust Fund.
   51         (a) The trust fund is established for use as a depository
   52  for funds to be used for management activities that are
   53  departmental in nature and is funded by assessments against
   54  trust funds.
   55         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   56  any balance in the trust fund at the end of a fiscal year shall
   57  remain in the trust fund and shall be available for carrying out
   58  the purpose of the trust fund.
   59         (3) The Environmental Laboratory Trust Fund.
   60         (a) The trust fund is established for use as a depository
   61  for funds to be used for the operation of the department’s
   62  environmental laboratory program and is funded by program
   63  revenues and assessments against trust funds.
   64         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   65  any balance in the trust fund at the end of a fiscal year shall
   66  remain in the trust fund and shall be available for carrying out
   67  the purpose of the trust fund.
   68         (4) The Working Capital Trust Fund.
   69         (a) The trust fund is established for use as a depository
   70  for funds to be used for the operation of the department’s
   71  information technology services and is funded by assessments
   72  against trust funds.
   73         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   74  any balance in the trust fund at the end of a fiscal year shall
   75  remain in the trust fund and shall be available for carrying out
   76  the purpose of the trust fund.
   77         Section 2. Paragraphs (a) and (b) of subsection (1) of
   78  section 253.01, Florida Statutes, are amended to read:
   79         253.01 Internal Improvement Trust Fund established.—
   80         (1)(a) So much of the 500,000 acres of land granted to this
   81  state for internal improvement purposes by an Act of Congress
   82  passed March 3, A. D. 1845, as remains unsold, and the proceeds
   83  of the sales of such lands heretofore sold as now remain on hand
   84  and unappropriated, and all proceeds that may hereafter accrue
   85  from the sales of such nonconservation lands and the sales of
   86  all other nonconservation lands; and all the swampland or lands
   87  subject to overflow granted this state by an Act of Congress
   88  approved September 28, A. D. 1850, together with all the
   89  proceeds that have accrued or may hereafter accrue to the state
   90  from the sale of such lands, are set apart, and declared a
   91  separate and distinct fund called the Internal Improvement Trust
   92  Fund of the state, and are to be strictly applied according to
   93  the provisions of this chapter.
   94         (b) All revenues received from application fees charged by
   95  the Division of State Lands for the use in any manner, lease,
   96  conveyance, or release of any interest in or for the sale of
   97  state-owned nonconservation state lands, except revenues from
   98  such fees charged by the Department of Agriculture and Consumer
   99  Services for aquaculture leases under ss. 253.71(2) and 597.010,
  100  shall must be deposited into the Internal Improvement Trust
  101  Fund. The fees charged by the division for reproduction of
  102  records relating to state lands shall must also be placed into
  103  the fund. Revenues received by the Department of Agriculture and
  104  Consumer Services for aquaculture leases under ss. 253.71(2) and
  105  597.010 shall be deposited into in the General Inspection Trust
  106  Fund of the Department of Agriculture and Consumer Services.
  107         Section 3. Subsection (1) of section 270.22, Florida
  108  Statutes, is amended to read:
  109         270.22 Proceeds of state lands to go into Internal
  110  Improvement Trust Fund; exception.—
  111         (1) Except as provided in subsection (2), the proceeds of
  112  state nonconservation land, whether from the sale, lease, or
  113  rental of, or the sale, lease, or rental of products in, on, or
  114  under such land, the title to which has been or may be vested in
  115  the Board of Trustees of the Internal Improvement Trust Fund by
  116  the Legislature of this state, or of land which has been or may
  117  be received by the board of trustees from other sources, shall
  118  be paid into the Internal Improvement Trust Fund to become a
  119  part of that fund, subject to disposition as is provided by the
  120  laws of this state relating thereto.
  121         Section 4. Section 376.41, Florida Statutes, is created to
  122  read:
  123         376.41 Minerals Trust Fund.—
  124         (1) The Minerals Trust Fund is established in and
  125  administered by the Department of Environmental Protection.
  126         (2) Funds to be credited to and uses of the trust fund
  127  shall be administered in accordance with ss. 211.06, 211.31,
  128  211.3103, 376.11, 376.40, 377.24, 377.2408, 377.2425, 377.247,
  129  and 377.41.
  130         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  131  any balance in the trust fund at the end of a fiscal year shall
  132  remain in the trust fund and shall be available for carrying out
  133  the purposes of the trust fund.
  134         Section 5. Section 403.0874, Florida Statutes, is created
  135  to read:
  136         403.0874 Air Pollution Control Trust Fund.—
  137         (1) The Air Pollution Control Trust Fund is established in
  138  and administered by the Department of Environmental Protection.
  139         (2) Funds to be credited to and uses of the trust fund
  140  shall be administered in accordance with ss. 320.03, 376.60,
  141  403.0872, and 403.0873.
  142         (3) Notwithstanding s. 216.301 and pursuant to s. 216.351,
  143  any balance in the trust fund at the end of a fiscal year shall
  144  remain in the trust fund and shall be available for carrying out
  145  the purposes of the trust fund.
  146         Section 6. Section 403.1832, Florida Statutes, is amended
  147  to read:
  148         403.1832 Department to accept federal aid; Grants and
  149  Donations Trust Fund.—
  150         (1) The department is designated as the administrative
  151  agency of the state to apply for and accept any funds or other
  152  aid and to cooperate and enter into contracts and agreements
  153  with the Federal Government relating to the planning, design,
  154  construction, operation, maintenance, and enforcement activities
  155  of the program to provide clean air and water and pollution
  156  abatement of the air and waters of the state, including solid
  157  waste management, hazardous waste management, and ecosystem
  158  management and restoration, or to any other related
  159  environmental purposes authorized by the Congress of the United
  160  States. The department may, in the name of the state, make such
  161  applications, sign such documents, give such assurances, and do
  162  such other things as are necessary to obtain such aid from or
  163  cooperate with the United States Government or any agency
  164  thereof. The department may consent to enter into contracts and
  165  agreements and cooperate with any other state agency, local
  166  governmental agency, person, or other state when it is necessary
  167  to carry out the provisions of this section.
  168         (1)(2) The Grants and Donations Trust Fund is to be
  169  administered by the Department of Environmental Protection. The
  170  fund is intended to serve as the depository for federal grants
  171  and funds to be used for allowable grant or donor agreement
  172  activities funded by restricted contractual revenue from private
  173  and public nonfederal sources received by the department and to
  174  assist in tracking and monitoring the use of federal funds that
  175  are not otherwise deposited directly into a separate trust fund.
  176  The Grants and Donations Trust Fund is intended to be a broad
  177  based fund from which moneys can be used for various
  178  environmental and natural resource program purposes for which
  179  the federal funds were intended. Funds may be expended for
  180  purposes including, but not limited to:
  181         (a) Water quality improvement.
  182         (b) Management of solid and hazardous wastes.
  183         (c) Stormwater management.
  184         (d) Air quality improvement and management.
  185         (e) Wetland protection and management.
  186         (f) Marine research.
  187         (g) Marine habitat restoration and management.
  188         (h) Aquatic weed control.
  189         (i) Environmental regulatory compliance and enforcement.
  190         (j) Local or state recreational projects.
  191         (2) The department may transfer all outstanding
  192  appropriations supported by federal grants to the Federal Grants
  193  Trust Fund. This subsection expires July 1, 2016.
  194         Section 7. Paragraphs (c), (e), and (f) of subsection (1)
  195  of section 403.709, Florida Statutes, are amended to read:
  196         403.709 Solid Waste Management Trust Fund; use of waste
  197  tire fees.—There is created the Solid Waste Management Trust
  198  Fund, to be administered by the department.
  199         (1) From the annual revenues deposited in the trust fund,
  200  unless otherwise specified in the General Appropriations Act:
  201         (c) Up to 14 11 percent shall be used for funding to
  202  supplement any other funds provided to the Department of
  203  Agriculture and Consumer Services for mosquito control. This
  204  distribution shall be annually transferred to the General
  205  Inspection Trust Fund in the Department of Agriculture and
  206  Consumer Services to be used for mosquito control, especially
  207  control of West Nile Virus.
  208         (e) Up to 37 A minimum of 40 percent shall be used for
  209  funding a solid waste management grant program pursuant to s.
  210  403.7095 for activities relating to recycling and waste
  211  reduction, including waste tires requiring final disposal.
  212         (f) For the 2013-2014 fiscal year only, moneys in the Solid
  213  Waste Management Trust Fund may be transferred to the Save Our
  214  Everglades Trust Fund for Everglades restoration pursuant to s.
  215  216.181(12). This paragraph expires July 1, 2014.
  216         Section 8. For the purpose of incorporating the amendment
  217  made by this act to section 253.01, Florida Statutes, in a
  218  reference thereto, subsection (1) of section 253.02, Florida
  219  Statutes, is reenacted to read:
  220         253.02 Board of trustees; powers and duties.—
  221         (1) For the purpose of assuring the proper application of
  222  the Internal Improvement Trust Fund and the Land Acquisition
  223  Trust Fund for the purposes of this chapter, the land provided
  224  for in ss. 253.01 and 253.03, and all the funds arising from the
  225  sale thereof, after paying the necessary expense of selection,
  226  management, and sale, are irrevocably vested in a board of four
  227  trustees, to wit: The Governor, the Attorney General, the Chief
  228  Financial Officer, and the Commissioner of Agriculture and their
  229  successors in office, to hold the same in trust for the uses and
  230  purposes provided in this chapter, with the power to sell and
  231  transfer said lands to the purchasers and receive the power to
  232  sell and transfer said lands to the purchasers and receive
  233  payment for the same, and invest the surplus moneys arising
  234  therefrom, from time to time, in stocks of the United States,
  235  stocks of the several states, or the internal improvement bonds
  236  issued under the provisions of law; also, the surplus interest
  237  accruing from such investments. Said board of trustees has all
  238  the rights, powers, property, claims, remedies, actions, suits,
  239  and things whatsoever belonging to them, or appertaining before
  240  and at the time of the enactment hereof, and they shall remain
  241  subject to and pay, fulfill, perform, and discharge all debts,
  242  duties, and obligations of their trust, existing at the time of
  243  the enactment hereof or provided in this chapter.
  244         Section 9. For the purpose of incorporating the amendment
  245  made by this act to section 253.01, Florida Statutes, in a
  246  reference thereto, section 253.05, Florida Statutes, is
  247  reenacted to read:
  248         253.05 Prosecuting officers to assist in protecting state
  249  lands.—State attorneys, other prosecuting officers of the state
  250  or county, wildlife officers of the Fish and Wildlife
  251  Conservation Commission, conservation officers, together with
  252  the Secretary of Environmental Protection, and county sheriffs
  253  and their deputies shall see that the lands owned by the state,
  254  as described in ss. 253.01 and 253.03, shall not be the object
  255  of damage, trespass, depredation, or unlawful use by any person.
  256  The said officers and their deputies shall, upon information
  257  that unlawful use is being made of state lands, report the same,
  258  together with the information in their possession relating
  259  thereto, to the Board of Trustees of the Internal Improvement
  260  Trust Fund and shall cooperate with the said board in carrying
  261  out the purposes of ss. 253.01-253.04 and this section. State
  262  attorneys and other prosecuting officers of the state or any
  263  county, upon request of the Governor or Board of Trustees of the
  264  Internal Improvement Trust Fund, shall institute and maintain
  265  such legal proceedings as may be necessary to carry out the
  266  purpose of said sections.
  267         Section 10. For the purpose of incorporating the amendment
  268  made by this act to section 403.709, Florida Statutes, in a
  269  reference thereto, subsection (3) of section 403.7095, Florida
  270  Statutes, is reenacted to read:
  271         403.7095 Solid waste management grant program.—
  272         (3) From the funds made available pursuant to s.
  273  403.709(1)(e) for the grant program created by this section, the
  274  following distributions shall be made:
  275         (a) Up to 50 percent for the program described in
  276  subsection (1); and
  277         (b) Up to 50 percent for the program described in
  278  subsection (2).
  279         Section 11. This act shall take effect July 1, 2015.