Florida Senate - 2023                               CS for SB 54
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Rodriguez
       
       
       
       
       592-00702-23                                            202354c1
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; requiring an annual
    4         appropriation from the Land Acquisition Trust Fund to
    5         the Department of Environmental Protection to
    6         implement the Florida Keys Stewardship Act or to
    7         acquire land within the Florida Keys Area of Critical
    8         State Concern for specified purposes; requiring the
    9         distribution to be reduced by a specified amount;
   10         deleting obsolete language; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 375.041, Florida
   16  Statutes, is amended to read:
   17         375.041 Land Acquisition Trust Fund.—
   18         (3) Funds distributed into the Land Acquisition Trust Fund
   19  pursuant to s. 201.15 shall be applied:
   20         (a) First, to pay debt service or to fund debt service
   21  reserve funds, rebate obligations, or other amounts payable with
   22  respect to Florida Forever bonds issued under s. 215.618; and
   23  pay debt service, provide reserves, and pay rebate obligations
   24  and other amounts due with respect to Everglades restoration
   25  bonds issued under s. 215.619; and
   26         (b) Of the funds remaining after the payments required
   27  under paragraph (a), but before funds may be appropriated,
   28  pledged, or dedicated for other uses:
   29         1. A minimum of the lesser of 25 percent or $200 million
   30  shall be appropriated annually for Everglades projects that
   31  implement the Comprehensive Everglades Restoration Plan as set
   32  forth in s. 373.470, including the Central Everglades Planning
   33  Project subject to Congressional authorization; the Long-Term
   34  Plan as defined in s. 373.4592(2); and the Northern Everglades
   35  and Estuaries Protection Program as set forth in s. 373.4595.
   36  From these funds, $32 million shall be distributed each fiscal
   37  year through the 2023-2024 fiscal year to the South Florida
   38  Water Management District for the Long-Term Plan as defined in
   39  s. 373.4592(2). After deducting the $32 million distributed
   40  under this subparagraph, from the funds remaining, a minimum of
   41  the lesser of 76.5 percent or $100 million shall be appropriated
   42  each fiscal year through the 2025-2026 fiscal year for the
   43  planning, design, engineering, and construction of the
   44  Comprehensive Everglades Restoration Plan as set forth in s.
   45  373.470, including the Central Everglades Planning Project, the
   46  Everglades Agricultural Area Storage Reservoir Project, the Lake
   47  Okeechobee Watershed Project, the C-43 West Basin Storage
   48  Reservoir Project, the Indian River Lagoon-South Project, the
   49  Western Everglades Restoration Project, and the Picayune Strand
   50  Restoration Project. The Department of Environmental Protection
   51  and the South Florida Water Management District shall give
   52  preference to those Everglades restoration projects that reduce
   53  harmful discharges of water from Lake Okeechobee to the St.
   54  Lucie or Caloosahatchee estuaries in a timely manner. For the
   55  purpose of performing the calculation provided in this
   56  subparagraph, the amount of debt service paid pursuant to
   57  paragraph (a) for bonds issued after July 1, 2016, for the
   58  purposes set forth under this paragraph shall be added to the
   59  amount remaining after the payments required under paragraph
   60  (a). The amount of the distribution calculated shall then be
   61  reduced by an amount equal to the debt service paid pursuant to
   62  paragraph (a) on bonds issued after July 1, 2016, for the
   63  purposes set forth under this subparagraph.
   64         2. A minimum of the lesser of 7.6 percent or $50 million
   65  shall be appropriated annually for spring restoration,
   66  protection, and management projects. For the purpose of
   67  performing the calculation provided in this subparagraph, the
   68  amount of debt service paid pursuant to paragraph (a) for bonds
   69  issued after July 1, 2016, for the purposes set forth under this
   70  paragraph shall be added to the amount remaining after the
   71  payments required under paragraph (a). The amount of the
   72  distribution calculated shall then be reduced by an amount equal
   73  to the debt service paid pursuant to paragraph (a) on bonds
   74  issued after July 1, 2016, for the purposes set forth under this
   75  subparagraph.
   76         3. The sum of $5 million shall be appropriated annually
   77  each fiscal year through the 2025-2026 fiscal year to the St.
   78  Johns River Water Management District for projects dedicated to
   79  the restoration of Lake Apopka. This distribution shall be
   80  reduced by an amount equal to the debt service paid pursuant to
   81  paragraph (a) on bonds issued after July 1, 2016, for the
   82  purposes set forth in this subparagraph.
   83         4. The sum of $64 million is appropriated and shall be
   84  transferred to the Everglades Trust Fund for the 2018-2019
   85  fiscal year, and each fiscal year thereafter, for the EAA
   86  reservoir project pursuant to s. 373.4598. Any funds remaining
   87  in any fiscal year shall be made available only for Phase II of
   88  the C-51 reservoir project or projects identified in
   89  subparagraph 1. and must be used in accordance with laws
   90  relating to such projects. Any funds made available for such
   91  purposes in a fiscal year are in addition to the amount
   92  appropriated under subparagraph 1. This distribution shall be
   93  reduced by an amount equal to the debt service paid pursuant to
   94  paragraph (a) on bonds issued after July 1, 2017, for the
   95  purposes set forth in this subparagraph.
   96         5. The sum of $50 million shall be appropriated annually to
   97  the South Florida Water Management District for the Lake
   98  Okeechobee Watershed Restoration Project in accordance with s.
   99  373.4599. This distribution must be reduced by an amount equal
  100  to the debt service paid pursuant to paragraph (a) on bonds
  101  issued after July 1, 2021, for the purposes set forth in this
  102  subparagraph.
  103         6.a.6.The sum of $20 million shall be appropriated
  104  annually to the Department of Environmental Protection for the
  105  purpose of:
  106         (I)Implementing the Florida Keys Stewardship Act, chapter
  107  2016-225, Laws of Florida, by entering into financial assistance
  108  agreements with local governments located in the Florida Keys
  109  Area of Critical State Concern or the City of Key West Area of
  110  Critical State Concern to promote the protection or restoration
  111  of Florida Bay, the Florida Keys, and nearshore marine
  112  ecosystems, including coral reefs; or
  113         (II)Acquiring land within the Florida Keys Area of
  114  Critical State Concern as authorized pursuant to s. 259.045,
  115  with increased priority given to acquisitions that achieve a
  116  combination of conservation goals, including protecting this
  117  state’s water resources and natural groundwater recharge.
  118         b.The distribution must be reduced by an amount equal to
  119  the debt service paid pursuant to paragraph (a) on bonds issued
  120  after July 1, 2023, for the purposes set forth in this
  121  subparagraph Notwithstanding subparagraph 3., for the 2022-2023
  122  fiscal year, funds shall be appropriated as provided in the
  123  General Appropriations Act. This subparagraph expires July 1,
  124  2023.
  125         Section 2. This act shall take effect July 1, 2023.