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    2000 Legislature                 CS/CS/HB 221, First Engrossed



  1

  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

31


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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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