House Bill 0221er
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2000 Legislature CS/CS/HB 221, First Engrossed
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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 credit for acquisitions
28 and work performed; requiring matching funds or
29 credits; providing for an accounting of
30 expenditures; providing for annual progress
31 reports; providing redistribution of funds;
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1 providing an appropriation; providing an
2 effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Paragraph (v) is added to subsection (1) of
7 section 215.22, Florida Statutes, to read:
8 215.22 Certain income and certain trust funds
9 exempt.--
10 (1) The following income of a revenue nature or the
11 following trust funds shall be exempt from the deduction
12 required by s. 215.20(1):
13 (v) The Save Our Everglades Trust Fund.
14 Section 2. Subsection (3) and paragraphs (f), (g), and
15 (h) of subsection (9) of section 259.101, Florida Statutes,
16 are amended to read:
17 259.101 Florida Preservation 2000 Act.--
18 (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
19 costs of issuance, the costs of funding reserve accounts, and
20 other costs with respect to the bonds, the proceeds of bonds
21 issued pursuant to this act shall be deposited into the
22 Florida Preservation 2000 Trust Fund created by s. 375.045.
23 Ten percent of the proceeds of any bonds deposited into the
24 Preservation 2000 Trust Fund shall be distributed by the
25 Department of Environmental Protection to the Department of
26 Environmental Protection for the purchase by the South Florida
27 Water Management District of lands in Dade, Broward, and Palm
28 Beach Counties identified in s. 7, chapter 95-349, Laws of
29 Florida. This distribution shall apply for any bond issue for
30 the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,
31 $20 million per year from the proceeds of any bonds deposited
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1 into the Florida Preservation 2000 Trust Fund shall be
2 distributed by the Department of Environmental Protection to
3 the St. Johns Water Management District for the purchase of
4 lands necessary to restore Lake Apopka. In fiscal year
5 2000-2001, for each Florida Preservation 2000 program
6 described in paragraphs (a) through (g), that portion of each
7 program's total remaining cash balance which, as of June 30,
8 2000, is in excess of that program's total remaining
9 appropriation balances shall be redistributed by the
10 department and deposited into the Save Our Everglades Trust
11 Fund for land acquisition. For purposes of calculating the
12 total remaining cash balances for this redistribution, the
13 Florida Preservation 2000 Series 2000 bond proceeds, including
14 interest thereon, and the fiscal year 1999-2000 General
15 Appropriations Act amounts shall be deducted from the
16 remaining cash and appropriation balances, respectively. The
17 remaining proceeds shall be distributed by the Department of
18 Environmental Protection in the following manner:
19 (a) Fifty percent to the Department of Environmental
20 Protection for the purchase of public lands as described in s.
21 259.032. Of this 50 percent, at least one-fifth shall be used
22 for the acquisition of coastal lands.
23 (b) Thirty percent to the Department of Environmental
24 Protection for the purchase of water management lands pursuant
25 to s. 373.59, to be distributed among the water management
26 districts as provided in that section. Funds received by each
27 district may also be used for acquisition of lands necessary
28 to implement surface water improvement and management plans
29 approved in accordance with s. 373.456 or for acquisition of
30 lands necessary to implement the Everglades Construction
31 Project authorized by s. 373.4592.
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1 (c) Ten percent to the Department of Community Affairs
2 to provide land acquisition grants and loans to local
3 governments through the Florida Communities Trust pursuant to
4 part III of chapter 380. From funds allocated to the trust,
5 $3 million annually shall be used by the Green Swamp Land
6 Authority specifically for the purchase through land
7 protection agreements, as defined in s. 380.0677(4)(5), of
8 lands, or severable interests or rights in lands, in the Green
9 Swamp Area of Critical State Concern. From funds allocated to
10 the trust, $3 million annually shall be used by the Monroe
11 County Comprehensive Plan Land Authority specifically for the
12 purchase of any real property interest in either those lands
13 subject to the Rate of Growth Ordinances adopted by local
14 governments in Monroe County or those lands within the
15 boundary of an approved Conservation and Recreation Lands
16 project located within the Florida Keys or Key West Areas of
17 Critical State Concern; however, title to lands acquired
18 within the boundary of an approved Conservation and Recreation
19 Lands project may, in accordance with an approved joint
20 acquisition agreement, vest in the Board of Trustees of the
21 Internal Improvement Trust Fund. Of the remaining funds
22 allocated to the trust after the above transfers occur,
23 one-half shall be matched by local governments on a
24 dollar-for-dollar basis. To the extent allowed by federal
25 requirements for the use of bond proceeds, the trust shall
26 expend Preservation 2000 funds to carry out the purposes of
27 part III of chapter 380.
28 (d) Two and nine-tenths percent to the Department of
29 Environmental Protection for the purchase of inholdings and
30 additions to state parks. For the purposes of this paragraph,
31 "state park" means all real property in the state under the
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1 jurisdiction of the Division of Recreation and Parks of the
2 department, or which may come under its jurisdiction.
3 (e) Two and nine-tenths percent to the Division of
4 Forestry of the Department of Agriculture and Consumer
5 Services to fund the acquisition of state forest inholdings
6 and additions pursuant to s. 589.07.
7 (f) Two and nine-tenths percent to the Fish and
8 Wildlife Conservation Commission Game and Fresh Water Fish
9 Commission to fund the acquisition of inholdings and additions
10 to lands managed by the commission which are important to the
11 conservation of fish and wildlife.
12 (g) One and three-tenths percent to the Department of
13 Environmental Protection for the Florida Greenways and Trails
14 Program, to acquire greenways and trails or greenways and
15 trails systems pursuant to chapter 260, including, but not
16 limited to, abandoned railroad rights-of-way and the Florida
17 National Scenic Trail.
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19 Local governments may use federal grants or loans, private
20 donations, or environmental mitigation funds, including
21 environmental mitigation funds required pursuant to s.
22 338.250, for any part or all of any local match required for
23 the purposes described in this subsection. Bond proceeds
24 allocated pursuant to paragraph (c) may be used to purchase
25 lands on the priority lists developed pursuant to s. 259.035.
26 Title to lands purchased pursuant to paragraphs (a), (d), (e),
27 (f), and (g) shall be vested in the Board of Trustees of the
28 Internal Improvement Trust Fund, except that title to lands,
29 or rights or interests therein, acquired by either the
30 Southwest Florida Water Management District or the St. Johns
31 River Water Management District in furtherance of the Green
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1 Swamp Land Authority's mission pursuant to s. 380.0677(2)(3),
2 shall be vested in the district where the acquisition project
3 is located. Title to lands purchased pursuant to paragraph
4 (c) may be vested in the Board of Trustees of the Internal
5 Improvement Trust Fund, except that title to lands, or rights
6 or interests therein, acquired by either the Southwest Florida
7 Water Management District or the St. Johns River Water
8 Management District in furtherance of the Green Swamp Land
9 Authority's mission pursuant to s. 380.0677(2)(3), shall be
10 vested in the district where the acquisition project is
11 located. This subsection is repealed effective October 1,
12 2000. Prior to repeal, the Legislature shall review the
13 provisions scheduled for repeal and shall determine whether to
14 reenact or modify the provisions or to take no action.
15 (9)
16 (f)1. Pursuant to subsection (3) and beginning in
17 fiscal year 1999-2000, that portion of the unencumbered
18 balances of each program described in paragraphs (3)(c), (d),
19 (e), (f), and (g) which has been on deposit in such program's
20 Preservation 2000 account for more than 3 fiscal years shall
21 be redistributed equally to the Department of Environmental
22 Protection, Division of State Lands P2000 sub account for the
23 purchase of State Lands as described in s. 259.032 and Water
24 Management District P2000 sub account for the purchase of
25 Water Management Lands pursuant to ss. 373.456, 373.4592 and
26 373.59. For the purposes of this subsection, the term
27 "unencumbered balances" means the portion of Preservation 2000
28 bond proceeds which is not obligated through the signing of a
29 purchase contract between a public agency and a private
30 landowner, except that the program described in paragraph
31 (3)(c) may not lose any portion of its unencumbered funds
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1 which remain unobligated because of extraordinary
2 circumstances that hampered the affected local governments'
3 abilities to close on land acquisition projects approved
4 through the Florida Communities Trust program. Extraordinary
5 circumstances shall be determined by the Florida Communities
6 Trust governing body and may include such things as death or
7 bankruptcy of the owner of property; a change in the land use
8 designation of the property; natural disasters that affected a
9 local government's ability to consummate the sales contract on
10 such property; or any other condition that the Florida
11 Communities Trust governing board determined to be
12 extraordinary. The portion of the funds redistributed in the
13 Water Management District P2000 sub account shall be
14 distributed to the water management districts as provided in
15 s. 373.59(8).
16 (f)2. The department and the water management
17 districts may enter into joint acquisition agreements to
18 jointly fund the purchase of lands using alternatives to fee
19 simple techniques.
20 (g) If the department or any water management district
21 is unable to spend the funds it receives pursuant to paragraph
22 (f) within the same fiscal year, the unspent funds shall be
23 carried forward to the subsequent fiscal year.
24 (h) This subsection is repealed July 1 of the year
25 following the final authorization of Preservation 2000 bonds.
26 Section 3. Paragraph (a) of subsection (11) of section
27 259.105, Florida Statutes, is amended to read:
28 259.105 The Florida Forever Act.--
29 (11) For the purposes of funding projects pursuant to
30 paragraph (3)(a), the Secretary of Environmental Protection
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1 shall ensure that each water management district receives the
2 following percentage of funds annually:
3 (a) Thirty-five percent to the South Florida Water
4 Management District, of which amount $25 million shall be
5 transferred by the Department of Environmental Protection into
6 the Save Our Everglades Trust Fund.
7 Section 4. Subsection (2) of section 259.1051, Florida
8 Statutes, is amended to read:
9 259.1051 Florida Forever Trust Fund.--
10 (2) The Department of Environmental Protection shall
11 distribute revenues from the Florida Forever Trust Fund only
12 to programs of state agencies or local governments as set out
13 in s. 259.105(3). Excluding distributions to the Save Our
14 Everglades Trust Fund, the distributions shall be spent by the
15 recipient within 90 days after the date on which the
16 Department of Environmental Protection initiates the transfer.
17 Section 5. Section 373.470, Florida Statutes, is
18 created to read:
19 373.470 Everglades restoration.--
20 (1) SHORT TITLE.--This section may be cited as the
21 "Everglades Restoration Investment Act."
22 (2) DEFINITIONS.--As used in this section, the term:
23 (a) "Comprehensive plan" means the recommended
24 comprehensive plan contained within the "Final Integrated
25 Feasibility Report and Programmatic Environmental Impact
26 Statement, April 1999" and submitted to Congress on July 1,
27 1999.
28 (b) "Corps" means the United States Army Corps of
29 Engineers.
30 (c) "District" means the South Florida Water
31 Management District.
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1 (d) "Project" means the Central and Southern Florida
2 Project authorized under the heading "CENTRAL AND SOUTHERN
3 FLORIDA" in section 203 of the Flood Control Act of 1948 (62
4 Stat. 1176), and any modification to the project authorized by
5 law.
6 (e) "Project component" means any structural or
7 operational change, resulting from the comprehensive plan, to
8 the project as it existed and was operated as of January 1,
9 1999.
10 (f) "Project implementation report" means the project
11 implementation report as described in the "Final Integrated
12 Feasibility Report and Programmatic Environmental Impact
13 Statement, April 1999" and submitted to Congress on July 1,
14 1999.
15 (3) FURTHER ANALYSIS; AGREEMENTS FOR PROJECT
16 COMPONENTS AND ALLOCATION OF PROJECT BENEFITS.--
17 (a) The Legislature intends to establish a full and
18 equal partnership between the state and federal governments
19 for the implementation of the comprehensive plan.
20 (b) The comprehensive plan shall be used as a guide
21 and framework for a continuing planning process to:
22 1. Reflect new scientific knowledge, the results of
23 pilot projects, and the results of new and continuing
24 feasibility studies with the Corps; and
25 2. Ensure that project components will be implemented
26 to achieve the purposes provided in the Federal Water Resource
27 Development Act of 1996 that include restoring, preserving,
28 and protecting the South Florida ecosystem, providing for the
29 protection of water quality in and the reduction of the loss
30 of fresh water from the Everglades, and providing such
31 features as are necessary to meet the other water-related
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1 needs of the region, including flood control, the enhancement
2 of water supplies, and other objectives served by the project.
3 (c) Prior to executing a project cooperation agreement
4 with the Corps for the construction of a project component,
5 the district, in cooperation with the Corps, shall complete a
6 project implementation report to address the project
7 component's economic and environmental benefits, engineering
8 feasibility, and other factors provided in s. 373.1501
9 sufficient to allow the district to obtain approval under s.
10 373.026. Each project implementation report shall also
11 identify the increase in water supplies resulting from the
12 project component. The additional water supply shall be
13 allocated or reserved by the district under chapter 373.
14 (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED
15 FOR DEPOSIT.--The following funds may be deposited into the
16 Save Our Everglades Trust Fund created by s. 373.472 to
17 finance implementation of the comprehensive plan:
18 (a) In fiscal year 2000-2001, funds described in s.
19 259.101(3).
20 (b) Funds described in subsection (5).
21 (c) Federal funds appropriated by Congress for
22 implementation of the comprehensive plan.
23 (d) Any additional funds appropriated by the
24 Legislature for the purpose of implementing the comprehensive
25 plan.
26 (e) Gifts designated for implementation of the
27 comprehensive plan from individuals, corporations, or other
28 entities.
29 (5) SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
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1 (a)1. For fiscal year 2000-2001, $50 million of state
2 funds shall be deposited into the Save Our Everglades Trust
3 Fund created by s. 373.472.
4 2. For each year of the 9 consecutive years beginning
5 with fiscal year 2001-2002, $75 million of state funds shall
6 be deposited into the Save Our Everglades Trust Fund created
7 by s. 373.472.
8 (b) For each year of the 10 consecutive years
9 beginning with fiscal year 2000-2001, the department shall
10 deposit $25 million of the funds allocated to the district by
11 the department under s. 259.105(11)(a) into the Save Our
12 Everglades Trust Fund created by s. 373.472.
13 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST
14 FUND.--The department shall distribute funds in the Save Our
15 Everglades Trust Fund to the district in accordance with a
16 legislative appropriation and s. 373.026(8)(b) and (c).
17 Distribution of funds from the Save Our Everglades Trust Fund
18 shall be equally matched by the cumulative contributions from
19 all local sponsors by fiscal year 2009-2010 by providing
20 funding or credits toward project components. The dollar value
21 of in-kind work by local sponsors in furtherance of the
22 comprehensive plan and existing interest in public lands
23 needed for a project component are credits towards the local
24 sponsors' contributions.
25 (7) ANNUAL REPORT.--To provide enhanced oversight of
26 and accountability for the financial commitments established
27 under this section and the progress made in the implementation
28 of the comprehensive plan, the following information must be
29 prepared annually:
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1 (a) The district, in cooperation with the department,
2 shall provide the following information as it relates to
3 implementation of the comprehensive plan:
4 1. An identification of funds, by source and amount,
5 received by the state and by each local sponsor during the
6 fiscal year.
7 2. An itemization of expenditures, by source and
8 amount, made by the state and by each local sponsor during the
9 fiscal year.
10 3. A description of the purpose for which the funds
11 were expended.
12 4. The unencumbered balance of funds remaining in
13 trust funds or other accounts designated for implementation of
14 the comprehensive plan.
15 5. A schedule of anticipated expenditures for the next
16 fiscal year.
17 (b) The department shall prepare a detailed report on
18 all funds expended by the state and credited toward the
19 state's share of funding for implementation of the
20 comprehensive plan. The report shall include:
21 1. A description of all expenditures, by source and
22 amount, from the Conservation and Recreation Lands Trust Fund,
23 the Land Acquisition Trust Fund, the Preservation 2000 Trust
24 Fund, the Florida Forever Trust Fund, the Save Our Everglades
25 Trust Fund, and other named funds or accounts for the
26 acquisition or construction of project components or other
27 features or facilities that benefit the comprehensive plan.
28 2. A description of the purposes for which the funds
29 were expended.
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1 3. The unencumbered fiscal-year-end balance that
2 remains in each trust fund or account identified in
3 subparagraph 1.
4 (c) The district, in cooperation with the department,
5 shall provide a detailed report on progress made in the
6 implementation of the comprehensive plan, including the status
7 of all project components initiated after the effective date
8 of this act or the date of the last report prepared under this
9 subsection, whichever is later.
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11 The information required in paragraphs (a), (b), and (c) shall
12 be provided annually in a single report to the Governor, the
13 President of the Senate, and the Speaker of the House of
14 Representatives, and copies of the report must be made
15 available to the public. The initial report is due by November
16 30, 2000, and each annual report thereafter is due by November
17 30.
18 Section 6. Subsection (2) of section 375.045, Florida
19 Statutes, is amended to read:
20 375.045 Florida Preservation 2000 Trust Fund.--
21 (2) The Department of Environmental Protection shall
22 distribute revenues from the Florida Preservation 2000 Trust
23 Fund only to programs of state agencies or local governments
24 as set out in s. 259.101(3). Excluding distributions to the
25 Save Our Everglades Trust Fund, such distributions shall be
26 spent by the recipient within 90 days after the date on which
27 the Department of Environmental Protection initiates the
28 transfer.
29 Section 7. There is hereby appropriated $50 million
30 from the General Revenue Fund for fiscal year 2000-2001 to the
31 Save Our Everglades Trust Fund for the purposes of this act.
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1 Section 8. For fiscal year 2000-2001, the Department
2 of Environmental Protection may seek approval pursuant to
3 sections 216.177 and 216.181, Florida Statutes, for additional
4 spending authority from available surpluses in department
5 trust funds for transfer to the Save Our Everglades Trust
6 Fund.
7 Section 9. This act shall take effect June 30, 2000.
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