Senate Bill 2142

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    Florida Senate - 1998                                  SB 2142

    By Senator Campbell





    33-1395-98

  1                      A bill to be entitled

  2         An act relating to the Everglades Program;

  3         creating s. 373.45921, F.S.; creating the

  4         "Everglades Restoration and Property Tax

  5         Reduction Act"; providing legislative findings

  6         with respect to the funding of the costs of

  7         pollution abatement for Everglades restoration;

  8         defining terms; directing the South Florida

  9         Water Management District to create an

10         Everglades Program Stormwater Utility;

11         authorizing the imposition of a stormwater

12         utility fee; amending s. 373.4592, F.S.;

13         providing for a reduction in the ad valorem tax

14         millage rate cap in the Okeechobee Basin;

15         providing an expiration date for the tax;

16         providing for a refund of taxes collected;

17         providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 373.45921, Florida Statutes, is

22  created to read:

23         373.45921  Everglades pollution abatement funding.--

24         (1)  This section may be cited as the "Everglades

25  Restoration and Property Tax Reduction Act."

26         (2)  FINDINGS AND INTENT.--

27         (a)  The Legislature finds that phosphorous contained

28  in discharges from the Everglades Agricultural Area represents

29  pollution that causes imbalances in the natural populations of

30  aquatic flora and fauna of the Everglades Protection Area and

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  1  the Everglades Agricultural Area and contributes significantly

  2  to the degradation of the Everglades ecosystem.

  3         (b)  The Legislature finds that the 1988 federal

  4  lawsuit that led to the passage of the Marjory Stoneman

  5  Douglas Everglades Protection Act in 1991 and the Everglades

  6  Forever Act in 1994 was brought against the state for failure

  7  to enforce state water quality standards and that this failure

  8  resulted in significant water quality deterioration in

  9  Everglades National Park and the Loxahatchee National Wildlife

10  Refuge from phosphorus pollution.

11         (c)  The Legislature finds that the primary purpose of

12  the Everglades Program, created as part of the Everglades

13  Forever Act in 1994, is to construct stormwater treatment

14  areas and to develop research, technology, and projects for

15  the purpose of removing phosphorus from Everglades

16  Agricultural Area discharges.

17         (d)  The Legislature finds that the Everglades

18  agricultural privilege tax, created as part of the Everglades

19  Forever Act in 1994, does not require the property owners and

20  lessees in the Everglades Agricultural Area to pay a share of

21  the costs of the Everglades Program which is proportional to

22  the full costs of abating pollution attributable to such

23  owners and lessees.

24         (e)  The Legislature finds that subsequent to the

25  effective date of amendments that became s. 7, Article II of

26  the State Constitution, and notwithstanding the provisions of

27  s. 373.4592 to the contrary, property owners and lessees in

28  the Everglades Agricultural Area must now be required to pay

29  100 percent of the cost of abating pollution that they cause.

30         (f)  The Legislature finds that additional projects

31  will likely be needed in order to proceed with Phase II of

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    Florida Senate - 1998                                  SB 2142
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  1  Everglades restoration in order to meet the phosphorus

  2  criterion in the Everglades Protection Area and Everglades

  3  Agricultural Area, or the 10 parts per billion "default

  4  standard" contained in s. 373.4592. A significant amount of

  5  the cost of these additional measures will be for the purpose

  6  of abating pollution attributable to property owners and

  7  lessees in the Everglades Agricultural Area.

  8         (g)  It is the intent of the Legislature to require

  9  additional payments from property owners and lessees in the

10  Everglades Agricultural Area to supplement payments made under

11  the Everglades agricultural privilege tax toward the cost of

12  abating pollution attributable to the Everglades Agricultural

13  Area.

14         (h)  The Legislature finds that any property owner who

15  contributes to the need for stormwater management systems and

16  programs, as determined for each individual property owner by

17  the district under this section, benefits from the systems and

18  programs, and the benefits are deemed to be directly

19  proportional to the relative contribution of the property

20  owner to the need.

21         (i)  The Legislature finds that the creation of

22  stormwater utilities in the Everglades Agricultural Area is an

23  appropriate method to equitably charge those in the Everglades

24  Agricultural Area for the costs of abating pollution that they

25  cause in the Everglades Protection Area and the Everglades

26  Agricultural Area.

27         (j)  The Legislature finds that in order to fairly

28  implement s. 7(b), Article II of the State Constitution, ad

29  valorem property taxes within the Okeechobee Basin of the

30  South Florida Water Management District used for the purpose

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    Florida Senate - 1998                                  SB 2142
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  1  of funding the Everglades Construction Project should be

  2  capped at 0.5 mills.

  3         (2)  DEFINITIONS.--As used in this section, the term:

  4         (a)  "Best management practice" or "BMP" has the

  5  meaning set forth in s. 373.4592(2)(a). However, nothing in

  6  this section precludes the South Florida Water Management

  7  District from amending its rules to modify the Best Management

  8  Practices provided for in this section to increase its

  9  effectiveness in removing phosphorus.

10         (b)  "District" means the South Florida Water

11  Management District.

12         (c)  "Everglades Agricultural Area"or "EAA" has the

13  meaning set forth in s. 373.4592(2)(e).

14         (d)  "Everglades Program" has the meaning set forth in

15  s. 373.4592(2)(g).

16         (e)  "Everglades Protection Area" has the meaning set

17  forth in s. 373.4592(2)(h).

18         (f)  "Stormwater management program" has the meaning

19  set forth in s. 403.031(15).

20         (g)  "Stormwater management system" has the meaning set

21  forth in s. 403.031(15).

22         (h)  "Stormwater utility" has the meaning set forth in

23  s. 403.031(17).

24         (i)  "Stormwater treatment areas" or "STAs" has the

25  meaning set forth in s. 373.4592(2)(l).

26         (3)  EVERGLADES AGRICULTURAL AREA STORMWATER UTILITY.--

27         (a)  Any other provisions of the law to the contrary

28  notwithstanding, the district shall create stormwater

29  utilities as may be required to fully fund the costs of

30  abating pollution in the Everglades Protection Area or the

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  1  Everglades Agricultural Area attributable to property owners

  2  or lessees in the Everglades Agricultural Area.

  3         (b)  The district shall create the Everglades Program

  4  Stormwater Utility within the Everglades Agricultural Area and

  5  the utility shall impose stormwater utility fees in an amount

  6  to fully fund the Everglades Program as the program is defined

  7  in s. 373.4592, including planning, acquisition, design,

  8  construction, financing, operation, maintenance, research and

  9  monitoring, regulation, and all other facets of the program.

10  Everglades Program Stormwater Utility fees shall be charged to

11  property owners or lessees in the Everglades Agricultural Area

12  in proportion to the phosphorus loads discharged by the

13  property owners or lessees.

14         1.  The stormwater utility fees shall be charged

15  annually to Everglades Agricultural Area property owners or

16  lessees by the district in a fee notice mailed in November of

17  each year.

18         2.  The district shall determine on an annual basis the

19  share of Everglades Program costs attributable to pollution

20  from Everglades Agricultural Area property owners or lessees.

21  The share shall be determined by calculating the percentage of

22  phosphorus loads to the Stormwater Treatment Areas that are

23  discharged by the Everglades Agricultural Area and applying

24  that percentage to total remaining Everglades Program costs.

25  In assessing the annual remaining Everglades Program costs,

26  the district shall account for any increases in program costs

27  that may occur from year to year.

28         3.  The district shall determine the aggregate

29  phosphorus load produced in and discharged from the Everglades

30  Agricultural Area and the individual phosphorus loads produced

31  by each property owner or lessee in the Everglades

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    Florida Senate - 1998                                  SB 2142
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  1  Agricultural Area, using the Best Management Practice

  2  identification measuring points contained in the Everglades

  3  Best Management Practice Report for Water Year 1996-97,

  4  published by the district on September 11, 1997.

  5         4.  The annual stormwater utility fee must be

  6  calculated on the basis of the amounts of phosphorous

  7  discharged to the Stormwater Treatment Areas by individual

  8  property owners or lessees and on a per-acre basis.

  9         5.  The district, by rule, shall adopt a system of

10  stormwater utility fee incentive credits for those landowners

11  and lessees in the Everglades Agricultural Area. The incentive

12  fee credits must be designed to reward Everglades Agricultural

13  Area landowners or lessees that annually reduce their

14  phosphorous loads on a per-acre basis.

15         6.  All stormwater utility fees established under this

16  subsection shall be charged on an annual basis to property

17  owners or lessees in the Everglades Agricultural Area by the

18  district through a fee notice delivered contemporaneously with

19  the combined notice for ad valorem taxes and non-ad valorem

20  assessments provided for in s. 197.3635. The fees are due and

21  payable on November 1 of each year and become delinquent on

22  April 1 following the year in which they are charged or

23  immediately after 60 days have expired from the mailing of the

24  original fee notice, whichever is later.

25         7.  Any utility fees charged under this subsection

26  constitute a lien against the property or the leasehold or

27  other interest in governmental property. The lien is in effect

28  from January 1 of the year the utility fee notice is mailed

29  until discharged by payment and is equal in rank and dignity

30  with the liens of all state, county, district, or municipal

31  taxes and non-ad valorem assessments imposed under general

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    Florida Senate - 1998                                  SB 2142
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  1  law, special act, or local ordinance and is superior in

  2  dignity to all other liens, titles, and claims. The district

  3  may enforce the payment of utility fees charged under this

  4  subsection through actions or proceedings in any court of

  5  competent jurisdiction for unpaid deposits and charges.

  6         Section 2.  Paragraph (a) of subsection (4) of section

  7  373.4592, Florida Statutes, is amended to read:

  8         373.4592  Everglades improvement and management.--

  9         (4)  EVERGLADES PROGRAM.--

10         (a)  Everglades Construction Project.--The district

11  shall implement the Everglades Construction Project. By the

12  time of completion of the project, the state, district, or

13  other governmental authority shall purchase the inholdings in

14  the Rotenberger and such other lands necessary to achieve a

15  2:1 mitigation ratio for the use of Brown's Farm and other

16  similar lands, including those needed for the STA 1 Inflow and

17  Distribution Works. The inclusion of public lands as part of

18  the project is for the purpose of treating waters not coming

19  from the EAA for hydroperiod restoration. It is the intent of

20  the Legislature that the district aggressively pursue the

21  implementation of the Everglades Construction Project in

22  accordance with the schedule in this subsection. The

23  Legislature recognizes that adherence to the schedule is

24  dependent upon factors beyond the control of the district,

25  including the timely receipt of funds from all contributors.

26  The district shall take all reasonable measures to complete

27  timely performance of the schedule in this section in order to

28  finish the Everglades Construction Project. The district shall

29  not delay implementation of the project beyond the time delay

30  caused by those circumstances and conditions that prevent

31  timely performance. The district shall not levy ad valorem

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  1  taxes in excess of 0.05 0.1 mill within the Okeechobee Basin

  2  for the purposes of the design, construction, and acquisition

  3  of the Everglades Construction Project. The authority to levy

  4  ad valorem taxes not in excess of 0.05 mill within the

  5  Okeechobee Basin for the Everglades Construction Project

  6  expires July 1, 2006. The ad valorem tax proceeds not

  7  exceeding 0.05 0.1 mill levied within the Okeechobee Basin for

  8  such purposes shall be the sole direct district contribution

  9  from district ad valorem taxes appropriated or expended for

10  the design, construction, and acquisition of the Everglades

11  Construction Project unless the Legislature by specific

12  amendment to this section increases the 0.05 0.1 mill ad

13  valorem tax contribution, increases the agricultural privilege

14  taxes, or otherwise reallocates the relative contribution by

15  ad valorem taxpayers and taxpayers paying the agricultural

16  privilege taxes toward the funding of the design,

17  construction, and acquisition of the Everglades Construction

18  Project. Notwithstanding the provisions of s. 200.069 to the

19  contrary, any millage levied under the 0.05 0.1 mill

20  limitation in this paragraph shall be included as a separate

21  entry on the Notice of Proposed Property Taxes pursuant to s.

22  200.069. Once the STAs are completed, the district shall allow

23  these areas to be used by the public for recreational purposes

24  in the manner set forth in s. 373.59(11) s. 373.59(10),

25  considering the suitability of these lands for such uses.

26  These lands shall be made available for recreational use

27  unless the district governing board can demonstrate that such

28  uses are incompatible with the restoration goals of the

29  Everglades Construction Project or the water quality and

30  hydrological purposes of the STAs or would otherwise adversely

31  impact the implementation of the project. The district shall

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    Florida Senate - 1998                                  SB 2142
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  1  give preferential consideration to the hiring of agricultural

  2  workers displaced as a result of the Everglades Construction

  3  Project, consistent with their qualifications and abilities,

  4  for the construction and operation of these STAs. The

  5  following milestones apply to the completion of the Everglades

  6  Construction Project as depicted in the February 15, 1994,

  7  conceptual design document:

  8         1.  The district must complete the final design of the

  9  STA 1 East and West and pursue STA 1 East project components

10  as part of a cost-shared program with the Federal Government.

11  The district must be the local sponsor of the federal project

12  that will include STA 1 East, and STA 1 West if so authorized

13  by federal law. Land acquisition shall be completed for STA 1

14  West by April 1, 1996, and for STA 1 East by July 1, 1998;

15         2.  Construction of STA 1 East is to be completed under

16  the direction of the United States Army Corps of Engineers in

17  conjunction with the currently authorized C-51 flood control

18  project by July 1, 2002;

19         3.  The district must complete construction of STA 1

20  West and STA 1 Inflow and Distribution Works under the

21  direction of the United States Army Corps of Engineers, if the

22  direction is authorized under federal law, in conjunction with

23  the currently authorized C-51 flood control project, by

24  January 1, 1999;

25         4.  The district must complete construction of STA 2 by

26  February 1, 1999;

27         5.  The district must complete construction of STA 3/4

28  by October 1, 2003;

29         6.  The district must complete construction of STA 5 by

30  January 1, 1999; and

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  1         7.  The district must complete construction of STA 6 by

  2  October 1, 1997.

  3         8.  East Beach Water Control District, South Shore

  4  Drainage District, South Florida Conservancy District, East

  5  Shore Water Control District, and the lessee of agricultural

  6  lease number 3420 shall complete any system modifications

  7  described in the Everglades Construction Project to the extent

  8  that funds are available from the Everglades Fund. These

  9  entities shall divert the discharges described within the

10  Everglades Construction Project within 60 days of completion

11  of construction of the appropriate STA. Such required

12  modifications shall be deemed to be a part of each district's

13  plan of reclamation pursuant to chapter 298.

14

15  It is the intent of the Legislature that moneys for the

16  Everglades Program collected after November 5, 1996, under

17  this paragraph, but in violation of s. 7(b), Art. II of the

18  State Constitution, be refunded to property taxpayers. The

19  district shall make refunds in an amount that consists of the

20  costs of the Everglades Program paid by taxpayers but not

21  attributable to them.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Creates the "Everglades Restoration and Property Tax
      Reduction Act." Provides legislative findings for funding
28    the costs of pollution abatement for Everglades
      restoration. Directs the South Florida Water Management
29    District to create a stormwater utility and impose a
      utility fee to fully fund the Everglades Program.
30    Provides for a reduction in the ad valorem tax millage
      rate cap in the Okeechobee Basin and provides an
31    expiration date for the tax. Provides for a refund of
      taxes collected.
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