House Bill 0221c2

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    Florida House of Representatives - 2000           CS/CS/HB 221

        By the Committees on General Government Appropriations,
    Environmental Protection and Representatives Constantine,
    Dockery and Greenstein




  1                      A bill to be entitled

  2         An act relating to Everglades restoration and

  3         funding; amending s. 215.22, F.S.; providing

  4         that the Save Our Everglades Trust Fund is

  5         exempt from certain service charges; amending

  6         s. 259.101, F.S.; revising redistribution

  7         criteria for unencumbered balances from the

  8         Florida Preservation 2000 program; deleting

  9         requirements for review and repeal; deleting

10         provision for carryforward of unspent funds;

11         deleting a repealer; amending s. 259.105, F.S.;

12         providing for transfer of funds from the

13         Florida Forever Trust Fund into the Save Our

14         Everglades Trust Fund; amending ss. 259.1051

15         and 375.045, F.S.; excluding Save Our

16         Everglades Trust Fund distributions from

17         requirement for expenditure within 90 days

18         after transfer; creating s. 373.470, F.S.;

19         creating the "Everglades Restoration Investment

20         Act"; providing definitions; providing

21         legislative intent; providing for a planning

22         process; providing for project implementation

23         reports; providing for the deposit of specified

24         funds into the Save Our Everglades Trust Fund;

25         providing supplemental funds; providing for

26         distributions from the Save Our Everglades

27         Trust Fund; providing for an accounting of

28         expenditures; providing for annual progress

29         reports; providing redistribution of funds;

30         providing an appropriation; providing an

31         effective date.

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

  2

  3         Section 1.  Paragraph (v) is added to subsection (1) of

  4  section 215.22, Florida Statutes, to read:

  5         215.22  Certain income and certain trust funds

  6  exempt.--

  7         (1)  The following income of a revenue nature or the

  8  following trust funds shall be exempt from the deduction

  9  required by s. 215.20(1):

10         (v)  The Save Our Everglades Trust Fund.

11         Section 2.  Subsection (3) and paragraphs (f), (g), and

12  (h) of subsection (9) of section 259.101, Florida Statutes,

13  are amended to read:

14         259.101  Florida Preservation 2000 Act.--

15         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

16  costs of issuance, the costs of funding reserve accounts, and

17  other costs with respect to the bonds, the proceeds of bonds

18  issued pursuant to this act shall be deposited into the

19  Florida Preservation 2000 Trust Fund created by s. 375.045.

20  Ten percent of the proceeds of any bonds deposited into the

21  Preservation 2000 Trust Fund shall be distributed by the

22  Department of Environmental Protection to the Department of

23  Environmental Protection for the purchase by the South Florida

24  Water Management District of lands in Dade, Broward, and Palm

25  Beach Counties identified in s. 7, chapter 95-349, Laws of

26  Florida. This distribution shall apply for any bond issue for

27  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

28  $20 million per year from the proceeds of any bonds deposited

29  into the Florida Preservation 2000 Trust Fund shall be

30  distributed by the Department of Environmental Protection to

31  the St. Johns Water Management District for the purchase of

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  1  lands necessary to restore Lake Apopka. In fiscal year

  2  2000-2001, for each Florida Preservation 2000 program

  3  described in paragraphs (a) through (g), that portion of each

  4  program's total remaining cash balance which, as of June 30,

  5  2000, is in excess of that program's total remaining

  6  appropriation balances shall be redistributed by the

  7  department and deposited into the Save Our Everglades Trust

  8  Fund for land acquisition. For purposes of calculating the

  9  total remaining cash balances for this redistribution, the

10  Florida Preservation 2000 Series 2000 bond proceeds, including

11  interest thereon, and the fiscal year 1999-2000 General

12  Appropriations Act amounts shall be deducted from the

13  remaining cash and appropriation balances, respectively. The

14  remaining proceeds shall be distributed by the Department of

15  Environmental Protection in the following manner:

16         (a)  Fifty percent to the Department of Environmental

17  Protection for the purchase of public lands as described in s.

18  259.032.  Of this 50 percent, at least one-fifth shall be used

19  for the acquisition of coastal lands.

20         (b)  Thirty percent to the Department of Environmental

21  Protection for the purchase of water management lands pursuant

22  to s. 373.59, to be distributed among the water management

23  districts as provided in that section. Funds received by each

24  district may also be used for acquisition of lands necessary

25  to implement surface water improvement and management plans

26  approved in accordance with s. 373.456 or for acquisition of

27  lands necessary to implement the Everglades Construction

28  Project authorized by s. 373.4592.

29         (c)  Ten percent to the Department of Community Affairs

30  to provide land acquisition grants and loans to local

31  governments through the Florida Communities Trust pursuant to

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  1  part III of chapter 380.  From funds allocated to the trust,

  2  $3 million annually shall be used by the Green Swamp Land

  3  Authority specifically for the purchase through land

  4  protection agreements, as defined in s. 380.0677(4)(5), of

  5  lands, or severable interests or rights in lands, in the Green

  6  Swamp Area of Critical State Concern.  From funds allocated to

  7  the trust, $3 million annually shall be used by the Monroe

  8  County Comprehensive Plan Land Authority specifically for the

  9  purchase of any real property interest in either those lands

10  subject to the Rate of Growth Ordinances adopted by local

11  governments in Monroe County or those lands within the

12  boundary of an approved Conservation and Recreation Lands

13  project located within the Florida Keys or Key West Areas of

14  Critical State Concern; however, title to lands acquired

15  within the boundary of an approved Conservation and Recreation

16  Lands project may, in accordance with an approved joint

17  acquisition agreement, vest in the Board of Trustees of the

18  Internal Improvement Trust Fund.  Of the remaining funds

19  allocated to the trust after the above transfers occur,

20  one-half shall be matched by local governments on a

21  dollar-for-dollar basis.  To the extent allowed by federal

22  requirements for the use of bond proceeds, the trust shall

23  expend Preservation 2000 funds to carry out the purposes of

24  part III of chapter 380.

25         (d)  Two and nine-tenths percent to the Department of

26  Environmental Protection for the purchase of inholdings and

27  additions to state parks. For the purposes of this paragraph,

28  "state park" means all real property in the state under the

29  jurisdiction of the Division of Recreation and Parks of the

30  department, or which may come under its jurisdiction.

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  1         (e)  Two and nine-tenths percent to the Division of

  2  Forestry of the Department of Agriculture and Consumer

  3  Services to fund the acquisition of state forest inholdings

  4  and additions pursuant to s. 589.07.

  5         (f)  Two and nine-tenths percent to the Fish and

  6  Wildlife Conservation Commission Game and Fresh Water Fish

  7  Commission to fund the acquisition of inholdings and additions

  8  to lands managed by the commission which are important to the

  9  conservation of fish and wildlife.

10         (g)  One and three-tenths percent to the Department of

11  Environmental Protection for the Florida Greenways and Trails

12  Program, to acquire greenways and trails or greenways and

13  trails systems pursuant to chapter 260, including, but not

14  limited to, abandoned railroad rights-of-way and the Florida

15  National Scenic Trail.

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17  Local governments may use federal grants or loans, private

18  donations, or environmental mitigation funds, including

19  environmental mitigation funds required pursuant to s.

20  338.250, for any part or all of any local match required for

21  the purposes described in this subsection.  Bond proceeds

22  allocated pursuant to paragraph (c) may be used to purchase

23  lands on the priority lists developed pursuant to s. 259.035.

24  Title to lands purchased pursuant to paragraphs (a), (d), (e),

25  (f), and (g) shall be vested in the Board of Trustees of the

26  Internal Improvement Trust Fund, except that title to lands,

27  or rights or interests therein, acquired by either the

28  Southwest Florida Water Management District or the St. Johns

29  River Water Management District in furtherance of the Green

30  Swamp Land Authority's mission pursuant to s. 380.0677(2)(3),

31  shall be vested in the district where the acquisition project

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  1  is located.  Title to lands purchased pursuant to paragraph

  2  (c) may be vested in the Board of Trustees of the Internal

  3  Improvement Trust Fund, except that title to lands, or rights

  4  or interests therein, acquired by either the Southwest Florida

  5  Water Management District or the St. Johns River Water

  6  Management District in furtherance of the Green Swamp Land

  7  Authority's mission pursuant to s. 380.0677(2)(3), shall be

  8  vested in the district where the acquisition project is

  9  located.  This subsection is repealed effective October 1,

10  2000. Prior to repeal, the Legislature shall review the

11  provisions scheduled for repeal and shall determine whether to

12  reenact or modify the provisions or to take no action.

13         (9)

14         (f)1.  Pursuant to subsection (3) and beginning in

15  fiscal year 1999-2000, that portion of the unencumbered

16  balances of each program described in paragraphs (3)(c), (d),

17  (e), (f), and (g) which has been on deposit in such program's

18  Preservation 2000 account for more than 3 fiscal years shall

19  be redistributed equally to the Department of Environmental

20  Protection, Division of State Lands P2000 sub account for the

21  purchase of State Lands as described in s. 259.032 and Water

22  Management District P2000 sub account for the purchase of

23  Water Management Lands pursuant to ss. 373.456, 373.4592 and

24  373.59. For the purposes of this subsection, the term

25  "unencumbered balances" means the portion of Preservation 2000

26  bond proceeds which is not obligated through the signing of a

27  purchase contract between a public agency and a private

28  landowner, except that the program described in paragraph

29  (3)(c) may not lose any portion of its unencumbered funds

30  which remain unobligated because of extraordinary

31  circumstances that hampered the affected local governments'

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  1  abilities to close on land acquisition projects approved

  2  through the Florida Communities Trust program. Extraordinary

  3  circumstances shall be determined by the Florida Communities

  4  Trust governing body and may include such things as death or

  5  bankruptcy of the owner of property; a change in the land use

  6  designation of the property; natural disasters that affected a

  7  local government's ability to consummate the sales contract on

  8  such property; or any other condition that the Florida

  9  Communities Trust governing board determined to be

10  extraordinary. The portion of the funds redistributed in the

11  Water Management District P2000 sub account shall be

12  distributed to the water management districts as provided in

13  s. 373.59(8).

14         (f)2.  The department and the water management

15  districts may enter into joint acquisition agreements to

16  jointly fund the purchase of lands using alternatives to fee

17  simple techniques.

18         (g)  If the department or any water management district

19  is unable to spend the funds it receives pursuant to paragraph

20  (f) within the same fiscal year, the unspent funds shall be

21  carried forward to the subsequent fiscal year.

22         (h)  This subsection is repealed July 1 of the year

23  following the final authorization of Preservation 2000 bonds.

24         Section 3.  Paragraph (a) of subsection (11) of section

25  259.105, Florida Statutes, is amended to read:

26         259.105  The Florida Forever Act.--

27         (11)  For the purposes of funding projects pursuant to

28  paragraph (3)(a), the Secretary of Environmental Protection

29  shall ensure that each water management district receives the

30  following percentage of funds annually:

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  1         (a)  Thirty-five percent to the South Florida Water

  2  Management District, of which amount $25 million shall be

  3  transferred by the Department of Environmental Protection into

  4  the Save Our Everglades Trust Fund.

  5         Section 4.  Subsection (2) of section 259.1051, Florida

  6  Statutes, is amended to read:

  7         259.1051  Florida Forever Trust Fund.--

  8         (2)  The Department of Environmental Protection shall

  9  distribute revenues from the Florida Forever Trust Fund only

10  to programs of state agencies or local governments as set out

11  in s. 259.105(3). Excluding distributions to the Save Our

12  Everglades Trust Fund, the distributions shall be spent by the

13  recipient within 90 days after the date on which the

14  Department of Environmental Protection initiates the transfer.

15         Section 5.  Section 373.470, Florida Statutes, is

16  created to read:

17         373.470  Everglades restoration.--

18         (1)  SHORT TITLE.--This section may be cited as the

19  "Everglades Restoration Investment Act."

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

21         (a)  "Comprehensive plan" means the recommended

22  comprehensive plan contained within the "Final Integrated

23  Feasibility Report and Programmatic Environmental Impact

24  Statement, April 1999" and submitted to Congress on July 1,

25  1999.

26         (b)  "Corps" means the United States Army Corps of

27  Engineers.

28         (c)  "District" means the South Florida Water

29  Management District.

30         (d)  "Project" means the Central and Southern Florida

31  Project authorized under the heading "CENTRAL AND SOUTHERN

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  1  FLORIDA" in section 203 of the Flood Control Act of 1948 (62

  2  Stat. 1176), and any modification to the project authorized by

  3  law.

  4         (e)  "Project component" means any structural or

  5  operational change, resulting from the comprehensive plan, to

  6  the project as it existed and was operated as of January 1,

  7  1999.

  8         (f)  "Project implementation report" means the project

  9  implementation report as described in the "Final Integrated

10  Feasibility Report and Programmatic Environmental Impact

11  Statement, April 1999" and submitted to Congress on July 1,

12  1999.

13         (3)  FURTHER ANALYSIS; AGREEMENTS FOR PROJECT

14  COMPONENTS AND ALLOCATION OF PROJECT BENEFITS.--

15         (a)  The Legislature intends to establish a full and

16  equal partnership between the state and federal governments

17  for the implementation of the comprehensive plan.

18         (b)  The comprehensive plan shall be used as a guide

19  and framework for a continuing planning process to:

20         1.  Reflect new scientific knowledge, the results of

21  pilot projects, and the results of new and continuing

22  feasibility studies with the Corps; and

23         2.  Ensure that project components will be implemented

24  to achieve the purposes provided in the Federal Water Resource

25  Development Act of 1996 that include restoring, preserving,

26  and protecting the South Florida ecosystem, providing for the

27  protection of water quality in and the reduction of the loss

28  of fresh water from the Everglades, and providing such

29  features as are necessary to meet the other water-related

30  needs of the region, including flood control, the enhancement

31  of water supplies, and other objectives served by the project.

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  1         (c)  Prior to executing a project cooperation agreement

  2  with the Corps for the construction of a project component,

  3  the district, in cooperation with the Corps, shall complete a

  4  project implementation report to address the project

  5  component's economic and environmental benefits, engineering

  6  feasibility, and other factors provided in s. 373.1501

  7  sufficient to allow the district to obtain approval under s.

  8  373.026.  Each project implementation report shall also

  9  identify the increase in water supplies resulting from the

10  project component.  The additional water supply shall be

11  allocated or reserved by the district under chapter 373.

12         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED

13  FOR DEPOSIT.--The following funds may be deposited into the

14  Save Our Everglades Trust Fund created by s. 373.472 to

15  finance implementation of the comprehensive plan:

16         (a)  In fiscal year 2000-2001, funds described in s.

17  259.101(3).

18         (b)  Funds described in subsection (5).

19         (c)  Federal funds appropriated by Congress for

20  implementation of the comprehensive plan.

21         (d)  Any additional funds appropriated by the

22  Legislature for the purpose of implementing the comprehensive

23  plan.

24         (e)  Gifts designated for implementation of the

25  comprehensive plan from individuals, corporations, or other

26  entities.

27         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--

28         (a)1.  For fiscal year 2000-2001, $50 million of state

29  funds shall be deposited into the Save Our Everglades Trust

30  Fund created by s. 373.472.

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  1         2.  For each year of the 9 consecutive years beginning

  2  with fiscal year 2001-2002, $75 million of state funds shall

  3  be deposited into the Save Our Everglades Trust Fund created

  4  by s. 373.472.

  5         (b)  For each year of the 10 consecutive years

  6  beginning with fiscal year 2000-2001, the department shall

  7  deposit $25 million of the funds allocated to the district by

  8  the department under s. 259.105(11)(a) into the Save Our

  9  Everglades Trust Fund created by s. 373.472.

10         (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST

11  FUND.--The department shall distribute funds in the Save Our

12  Everglades Trust Fund to the district in accordance with a

13  legislative appropriation and s. 373.026(8)(b) and (c).

14         (7)  ANNUAL REPORT.--To provide enhanced oversight of

15  and accountability for the financial commitments established

16  under this section and the progress made in the implementation

17  of the comprehensive plan, the following information must be

18  prepared annually:

19         (a)  The district, in cooperation with the department,

20  shall provide the following information as it relates to

21  implementation of the comprehensive plan:

22         1.  An identification of funds, by source and amount,

23  received by the state and by each local sponsor during the

24  fiscal year.

25         2.  An itemization of expenditures, by source and

26  amount, made by the state and by each local sponsor during the

27  fiscal year.

28         3.  A description of the purpose for which the funds

29  were expended.

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  1         4.  The unencumbered balance of funds remaining in

  2  trust funds or other accounts designated for implementation of

  3  the comprehensive plan.

  4         5.  A schedule of anticipated expenditures for the next

  5  fiscal year.

  6         (b)  The department shall prepare a detailed report on

  7  all funds expended by the state and credited toward the

  8  state's share of funding for implementation of the

  9  comprehensive plan. The report shall include:

10         1.  A description of all expenditures, by source and

11  amount, from the Conservation and Recreation Lands Trust Fund,

12  the Land Acquisition Trust Fund, the Preservation 2000 Trust

13  Fund, the Florida Forever Trust Fund, the Save Our Everglades

14  Trust Fund, and other named funds or accounts for the

15  acquisition or construction of project components or other

16  features or facilities that benefit the comprehensive plan.

17         2.  A description of the purposes for which the funds

18  were expended.

19         3.  The unencumbered fiscal-year-end balance that

20  remains in each trust fund or account identified in

21  subparagraph 1.

22         (c)  The district, in cooperation with the department,

23  shall provide a detailed report on progress made in the

24  implementation of the comprehensive plan, including the status

25  of all project components initiated after the effective date

26  of this act or the date of the last report prepared under this

27  subsection, whichever is later.

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29  The information required in paragraphs (a), (b), and (c) shall

30  be provided annually in a single report to the Governor, the

31  President of the Senate, and the Speaker of the House of

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  1  Representatives, and copies of the report must be made

  2  available to the public. The initial report is due by November

  3  30, 2000, and each annual report thereafter is due by November

  4  30.

  5         Section 6.  Subsection (2) of section 375.045, Florida

  6  Statutes, is amended to read:

  7         375.045  Florida Preservation 2000 Trust Fund.--

  8         (2)  The Department of Environmental Protection shall

  9  distribute revenues from the Florida Preservation 2000 Trust

10  Fund only to programs of state agencies or local governments

11  as set out in s. 259.101(3). Excluding distributions to the

12  Save Our Everglades Trust Fund, such distributions shall be

13  spent by the recipient within 90 days after the date on which

14  the Department of Environmental Protection initiates the

15  transfer.

16         Section 7.  There is hereby appropriated $50 million

17  from the General Revenue Fund for fiscal year 2000-2001 to the

18  Save Our Everglades Trust Fund for the purposes of this act.

19         Section 8.  This act shall take effect June 30, 2000.

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