Florida Senate - 2021                                    SB 1240
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01452-21                                            20211240__
    1                        A bill to be entitled                      
    2         An act relating to beach funding; amending s. 161.101,
    3         F.S.; revising the information required to be
    4         considered for Tier 3 in the scoring system for annual
    5         beach project funding priorities; amending s. 375.041,
    6         F.S.; providing a specified annual appropriation from
    7         the Land Acquisition Trust Fund to the Department of
    8         Environmental Protection to fund certain projects
    9         under the Beach Management Funding Assistance Program;
   10         requiring such funds to be awarded according to
   11         specified provisions; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (c) of subsection (14) of section
   16  161.101, Florida Statutes, is amended to read:
   17         161.101 State and local participation in authorized
   18  projects and studies relating to beach management and erosion
   19  control.—
   20         (14) The intent of the Legislature in preserving and
   21  protecting Florida’s sandy beaches pursuant to this act is to
   22  direct beach erosion control appropriations to the state’s most
   23  severely eroded beaches and to prevent further adverse impact
   24  caused by improved, modified, or altered inlets, coastal
   25  armoring, or existing upland development. In establishing annual
   26  project funding priorities, the department shall seek formal
   27  input from local coastal governments, beach and general
   28  government interest groups, and university experts. The
   29  department shall implement a scoring system for annual project
   30  funding priorities that consists of criteria equally weighted
   31  within the following specified tiers:
   32         (c) Tier 3 must account for 20 percent of the total score
   33  and consist of all of the following criteria:
   34         1. Previous state commitment and involvement in the
   35  project, considering previously funded phases, the total amount
   36  of previous state funding, and previous partial appropriations
   37  for the proposed project.
   38         2. The recreational benefits of the project based on:
   39         a. The accessible beach area added by the project, as
   40  applicable; and
   41         b. The percentage of linear footage within the project
   42  boundaries which is zoned:
   43         (I) As recreational or open space;
   44         (II) For commercial use; or
   45         (III) To otherwise allow for public lodging establishments.
   46         3. The extent to which the project mitigates the adverse
   47  impact of improved, modified, or altered inlets on adjacent
   48  beaches.
   49         4. The degree to which the project addresses the state’s
   50  most significant beach erosion problems as a function of the
   51  linear footage of the project shoreline and the cubic yards of
   52  sand placed per mile per year.
   53  
   54  If more than one project qualifies equally under the provisions
   55  of this subsection, the department shall assign funding priority
   56  to those projects shown to be most ready to proceed.
   57         Section 2. Paragraph (b) of subsection (3) of section
   58  375.041, Florida Statutes, is amended to read:
   59         375.041 Land Acquisition Trust Fund.—
   60         (3) Funds distributed into the Land Acquisition Trust Fund
   61  pursuant to s. 201.15 shall be applied:
   62         (b) Of the funds remaining after the payments required
   63  under paragraph (a), but before funds may be appropriated,
   64  pledged, or dedicated for other uses:
   65         1. A minimum of the lesser of 25 percent or $200 million
   66  shall be appropriated annually for Everglades projects that
   67  implement the Comprehensive Everglades Restoration Plan as set
   68  forth in s. 373.470, including the Central Everglades Planning
   69  Project subject to Congressional authorization; the Long-Term
   70  Plan as defined in s. 373.4592(2); and the Northern Everglades
   71  and Estuaries Protection Program as set forth in s. 373.4595.
   72  From these funds, $32 million shall be distributed each fiscal
   73  year through the 2023-2024 fiscal year to the South Florida
   74  Water Management District for the Long-Term Plan as defined in
   75  s. 373.4592(2). After deducting the $32 million distributed
   76  under this subparagraph, from the funds remaining, a minimum of
   77  the lesser of 76.5 percent or $100 million shall be appropriated
   78  each fiscal year through the 2025-2026 fiscal year for the
   79  planning, design, engineering, and construction of the
   80  Comprehensive Everglades Restoration Plan as set forth in s.
   81  373.470, including the Central Everglades Planning Project, the
   82  Everglades Agricultural Area Storage Reservoir Project, the Lake
   83  Okeechobee Watershed Project, the C-43 West Basin Storage
   84  Reservoir Project, the Indian River Lagoon-South Project, the
   85  Western Everglades Restoration Project, and the Picayune Strand
   86  Restoration Project. The Department of Environmental Protection
   87  and the South Florida Water Management District shall give
   88  preference to those Everglades restoration projects that reduce
   89  harmful discharges of water from Lake Okeechobee to the St.
   90  Lucie or Caloosahatchee estuaries in a timely manner. For the
   91  purpose of performing the calculation provided in this
   92  subparagraph, the amount of debt service paid pursuant to
   93  paragraph (a) for bonds issued after July 1, 2016, for the
   94  purposes set forth under paragraph (b) shall be added to the
   95  amount remaining after the payments required under paragraph
   96  (a). The amount of the distribution calculated shall then be
   97  reduced by an amount equal to the debt service paid pursuant to
   98  paragraph (a) on bonds issued after July 1, 2016, for the
   99  purposes set forth under this subparagraph.
  100         2. A minimum of the lesser of 7.6 percent or $50 million
  101  shall be appropriated annually for spring restoration,
  102  protection, and management projects. For the purpose of
  103  performing the calculation provided in this subparagraph, the
  104  amount of debt service paid pursuant to paragraph (a) for bonds
  105  issued after July 1, 2016, for the purposes set forth under
  106  paragraph (b) shall be added to the amount remaining after the
  107  payments required under paragraph (a). The amount of the
  108  distribution calculated shall then be reduced by an amount equal
  109  to the debt service paid pursuant to paragraph (a) on bonds
  110  issued after July 1, 2016, for the purposes set forth under this
  111  subparagraph.
  112         3. The sum of $5 million shall be appropriated annually
  113  each fiscal year through the 2025-2026 fiscal year to the St.
  114  Johns River Water Management District for projects dedicated to
  115  the restoration of Lake Apopka. This distribution shall be
  116  reduced by an amount equal to the debt service paid pursuant to
  117  paragraph (a) on bonds issued after July 1, 2016, for the
  118  purposes set forth in this subparagraph.
  119         4. The sum of $64 million is appropriated and shall be
  120  transferred to the Everglades Trust Fund for the 2018-2019
  121  fiscal year, and each fiscal year thereafter, for the EAA
  122  reservoir project pursuant to s. 373.4598. Any funds remaining
  123  in any fiscal year shall be made available only for Phase II of
  124  the C-51 reservoir project or projects identified in
  125  subparagraph 1. and must be used in accordance with laws
  126  relating to such projects. Any funds made available for such
  127  purposes in a fiscal year are in addition to the amount
  128  appropriated under subparagraph 1. This distribution shall be
  129  reduced by an amount equal to the debt service paid pursuant to
  130  paragraph (a) on bonds issued after July 1, 2017, for the
  131  purposes set forth in this subparagraph.
  132         5. A minimum of the lesser of $100 million or the total
  133  amount requested for the fiscal year to fully fund the list of
  134  projects under the Beach Management Funding Assistance Program
  135  shall be appropriated annually to the Department of
  136  Environmental Protection for beach and inlet management
  137  projects. Such funds must be awarded pursuant to s. 161.101
  138  Notwithstanding subparagraph 3., for the 2020-2021 fiscal year,
  139  funds shall be appropriated as provided in the General
  140  Appropriations Act. This subparagraph expires July 1, 2021.
  141         Section 3. This act shall take effect July 1, 2021.