Florida Senate - 2021                                    SB 1510
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00131C-21                                          20211510__
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 201.15, F.S.; extending the date by which
    4         the Legislature intends for bonds issued to fund the
    5         Florida Forever Act to be retired; amending s.
    6         375.041, F.S.; requiring a specified annual
    7         appropriation to the Florida Forever Trust Fund;
    8         deleting an obsolete provision; prohibiting the use of
    9         certain moneys distributed from the Land Acquisition
   10         Trust Fund for specified costs; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (3) of section
   16  201.15, Florida Statutes, is amended to read:
   17         201.15 Distribution of taxes collected.—All taxes collected
   18  under this chapter are hereby pledged and shall be first made
   19  available to make payments when due on bonds issued pursuant to
   20  s. 215.618 or s. 215.619, or any other bonds authorized to be
   21  issued on a parity basis with such bonds. Such pledge and
   22  availability for the payment of these bonds shall have priority
   23  over any requirement for the payment of service charges or costs
   24  of collection and enforcement under this section. All taxes
   25  collected under this chapter, except taxes distributed to the
   26  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   27  are subject to the service charge imposed in s. 215.20(1).
   28  Before distribution pursuant to this section, the Department of
   29  Revenue shall deduct amounts necessary to pay the costs of the
   30  collection and enforcement of the tax levied by this chapter.
   31  The costs and service charge may not be levied against any
   32  portion of taxes pledged to debt service on bonds to the extent
   33  that the costs and service charge are required to pay any
   34  amounts relating to the bonds. All of the costs of the
   35  collection and enforcement of the tax levied by this chapter and
   36  the service charge shall be available and transferred to the
   37  extent necessary to pay debt service and any other amounts
   38  payable with respect to bonds authorized before January 1, 2017,
   39  secured by revenues distributed pursuant to this section. All
   40  taxes remaining after deduction of costs shall be distributed as
   41  follows:
   42         (3) Amounts on deposit in the Land Acquisition Trust Fund
   43  shall be used in the following order:
   44         (a) Payment of debt service or funding of debt service
   45  reserve funds, rebate obligations, or other amounts payable with
   46  respect to Florida Forever bonds issued pursuant to s. 215.618.
   47  The amount used for such purposes may not exceed $300 million in
   48  each fiscal year. It is the intent of the Legislature that all
   49  bonds issued to fund the Florida Forever Act be retired by
   50  December 31, 2054 2040. Except for bonds issued to refund
   51  previously issued bonds, no series of bonds may be issued
   52  pursuant to this paragraph unless such bonds are approved and
   53  the debt service for the remainder of the fiscal year in which
   54  the bonds are issued is specifically appropriated in the General
   55  Appropriations Act or other law with respect to bonds issued for
   56  the purposes of s. 373.4598.
   57  
   58  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
   59  and ratably secured by moneys distributable to the Land
   60  Acquisition Trust Fund.
   61         Section 2. Upon the expiration and reversion of the
   62  amendments made to section 375.041, Florida Statutes, pursuant
   63  to section 77 of chapter 2020-114, Laws of Florida, subsections
   64  (3) and (4) of section 375.041, Florida Statutes, are amended to
   65  read:
   66         375.041 Land Acquisition Trust Fund.—
   67         (3) Funds distributed into the Land Acquisition Trust Fund
   68  pursuant to s. 201.15 shall be applied:
   69         (a) First, to pay debt service or to fund debt service
   70  reserve funds, rebate obligations, or other amounts payable with
   71  respect to Florida Forever bonds issued under s. 215.618; and
   72  pay debt service, provide reserves, and pay rebate obligations
   73  and other amounts due with respect to Everglades restoration
   74  bonds issued under s. 215.619; and
   75         (b) Of the funds remaining after the payments required
   76  under paragraph (a), but before funds may be appropriated,
   77  pledged, or dedicated for other uses:
   78         1. A minimum of the lesser of 25 percent or $200 million
   79  shall be appropriated annually for Everglades projects that
   80  implement the Comprehensive Everglades Restoration Plan as set
   81  forth in s. 373.470, including the Central Everglades Planning
   82  Project subject to Congressional authorization; the Long-Term
   83  Plan as defined in s. 373.4592(2); and the Northern Everglades
   84  and Estuaries Protection Program as set forth in s. 373.4595.
   85  From these funds, $32 million shall be distributed each fiscal
   86  year through the 2023-2024 fiscal year to the South Florida
   87  Water Management District for the Long-Term Plan as defined in
   88  s. 373.4592(2). After deducting the $32 million distributed
   89  under this subparagraph, from the funds remaining, a minimum of
   90  the lesser of 76.5 percent or $100 million shall be appropriated
   91  each fiscal year through the 2025-2026 fiscal year for the
   92  planning, design, engineering, and construction of the
   93  Comprehensive Everglades Restoration Plan as set forth in s.
   94  373.470, including the Central Everglades Planning Project, the
   95  Everglades Agricultural Area Storage Reservoir Project, the Lake
   96  Okeechobee Watershed Project, the C-43 West Basin Storage
   97  Reservoir Project, the Indian River Lagoon-South Project, the
   98  Western Everglades Restoration Project, and the Picayune Strand
   99  Restoration Project. The Department of Environmental Protection
  100  and the South Florida Water Management District shall give
  101  preference to those Everglades restoration projects that reduce
  102  harmful discharges of water from Lake Okeechobee to the St.
  103  Lucie or Caloosahatchee estuaries in a timely manner. For the
  104  purpose of performing the calculation provided in this
  105  subparagraph, the amount of debt service paid pursuant to
  106  paragraph (a) for bonds issued after July 1, 2016, for the
  107  purposes set forth under paragraph (b) shall be added to the
  108  amount remaining after the payments required under paragraph
  109  (a). The amount of the distribution calculated shall then be
  110  reduced by an amount equal to the debt service paid pursuant to
  111  paragraph (a) on bonds issued after July 1, 2016, for the
  112  purposes set forth under this subparagraph.
  113         2. A minimum of the lesser of 7.6 percent or $50 million
  114  shall be appropriated annually for spring restoration,
  115  protection, and management projects. For the purpose of
  116  performing the calculation provided in this subparagraph, the
  117  amount of debt service paid pursuant to paragraph (a) for bonds
  118  issued after July 1, 2016, for the purposes set forth under
  119  paragraph (b) shall be added to the amount remaining after the
  120  payments required under paragraph (a). The amount of the
  121  distribution calculated shall then be reduced by an amount equal
  122  to the debt service paid pursuant to paragraph (a) on bonds
  123  issued after July 1, 2016, for the purposes set forth under this
  124  subparagraph.
  125         3. The sum of $5 million shall be appropriated annually
  126  each fiscal year through the 2025-2026 fiscal year to the St.
  127  Johns River Water Management District for projects dedicated to
  128  the restoration of Lake Apopka. 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, 2016, for the
  131  purposes set forth in this subparagraph.
  132         4. The sum of $64 million is appropriated and shall be
  133  transferred to the Everglades Trust Fund for the 2018-2019
  134  fiscal year, and each fiscal year thereafter, for the EAA
  135  reservoir project pursuant to s. 373.4598. Any funds remaining
  136  in any fiscal year shall be made available only for Phase II of
  137  the C-51 reservoir project or projects identified in
  138  subparagraph 1. and must be used in accordance with laws
  139  relating to such projects. Any funds made available for such
  140  purposes in a fiscal year are in addition to the amount
  141  appropriated under subparagraph 1. This distribution shall be
  142  reduced by an amount equal to the debt service paid pursuant to
  143  paragraph (a) on bonds issued after July 1, 2017, for the
  144  purposes set forth in this subparagraph.
  145         5. The sum of $100 million is appropriated annually to the
  146  Florida Forever Trust Fund Notwithstanding subparagraph 3., for
  147  the 2019-2020 fiscal year, funds shall be appropriated as
  148  provided in the General Appropriations Act. This subparagraph
  149  expires July 1, 2020.
  150         (4) Any remaining moneys in the Land Acquisition Trust Fund
  151  which are not distributed as provided in subsection (3) may be
  152  appropriated from time to time for the purposes set forth in s.
  153  28, Art. X of the State Constitution; however, such moneys
  154  distributed from the Land Acquisition Trust Fund may not be used
  155  for costs associated with any of the following budget entities:
  156         (a) The Executive Direction and Support Services and the
  157  Technology and Information Services within the Department of
  158  Environmental Protection.
  159         (b) The Executive Direction and Support Services and the
  160  Office of Agriculture Technology Services within the Department
  161  of Agriculture and Consumer Services.
  162         (c) The Office of Executive Direction and Administrative
  163  Support Services within the Fish and Wildlife Conservation
  164  Commission.
  165         (d) The Executive Direction and Support Services within the
  166  Department of State.
  167         Section 3. This act shall take effect July 1, 2021.