HB 1343

1	A bill to be entitled
2	An act relating to environmental protection; providing
3	legislative intent regarding funding for the Florida
4	Forever program; amending s. 201.15, F.S.; revising
5	provisions governing distribution of a portion of the
6	proceeds of the excise tax on documents to the Land
7	Acquisition Trust Fund; amending s. 373.4144, F.S.;
8	removing provisions requiring the Department of
9	Environmental Protection to develop a mechanism
10	consolidating federal and state wetland permitting
11	programs; authorizing implementation of a statewide
12	programmatic general permit by the department and each
13	water management district for certain dredge and fill
14	activities; specifying conditions applicable to such
15	permit; providing for use of such general permit within
16	the Northwest Florida Water Management District; amending
17	s. 373.4211, F.S.; revising provisions concerning the
18	vegetative index used to delineate the landward extent of
19	wetlands and surface waters; providing effective dates.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  The Legislature finds that rising land costs
24	have reduced the effectiveness of the Florida Forever program.
25	It is therefore the intent of the Legislature that the
26	distribution of funds to the Florida Forever program be
27	accelerated in order to complete the appropriations anticipated
28	under s. 215.618, Florida Statutes, by the 2007-2008 fiscal year
29	by lifting the annual limit on debt service for Florida Forever
30	bonds and allowing appropriations for the Florida Forever
31	program to rise to $600 million in the 2006-2007 and 2007-2008
32	fiscal years.
33	Section 2.  Paragraph (a) of subsection (1) of section
34	201.15, Florida Statutes, is amended to read:
35	201.15  Distribution of taxes collected.--All taxes
36	collected under this chapter shall be distributed as follows and
37	shall be subject to the service charge imposed in s. 215.20(1),
38	except that such service charge shall not be levied against any
39	portion of taxes pledged to debt service on bonds to the extent
40	that the amount of the service charge is required to pay any
41	amounts relating to the bonds:
42	(1)  Sixty-two and sixty-three hundredths percent of the
43	remaining taxes collected under this chapter shall be used for
44	the following purposes:
45	(a)  Amounts as shall be necessary to pay the debt service
46	on, or fund debt service reserve funds, rebate obligations, or
47	other amounts payable with respect to Preservation 2000 bonds
48	issued pursuant to s. 375.051 and Florida Forever bonds issued
49	pursuant to s. 215.618, shall be paid into the State Treasury to
50	the credit of the Land Acquisition Trust Fund to be used for
51	such purposes. The amount transferred to the Land Acquisition
52	Trust Fund for such purposes shall not exceed $300 million in
53	fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
54	and bonds issued to refund Preservation 2000 bonds, and $300
55	million in fiscal year 2000-2001 and thereafter for Florida
56	Forever bonds. The annual amount transferred to the Land
57	Acquisition Trust Fund for Florida Forever bonds shall not
58	exceed $30 million in the first fiscal year in which bonds are
59	issued. The limitation on the amount transferred shall be
60	increased by an additional $30 million in each subsequent fiscal
61	year through 2004-2005, and by $60 million in each subsequent
62	fiscal year, but shall not exceed a total of $300 million in any
63	fiscal year for all bonds issued. It is the intent of the
64	Legislature that all bonds issued to fund the Florida Forever
65	Act be retired by December 31, 2030. Except for bonds issued to
66	refund previously issued bonds, no series of bonds may be issued
67	pursuant to this paragraph unless such bonds are approved and
68	the debt service for the remainder of the fiscal year in which
69	the bonds are issued is specifically appropriated in the General
70	Appropriations Act. For purposes of refunding Preservation 2000
71	bonds, amounts designated within this section for Preservation
72	2000 and Florida Forever bonds may be transferred between the
73	two programs to the extent provided for in the documents
74	authorizing the issuance of the bonds. The Preservation 2000
75	bonds and Florida Forever bonds shall be equally and ratably
76	secured by moneys distributable to the Land Acquisition Trust
77	Fund pursuant to this section, except to the extent specifically
78	provided otherwise by the documents authorizing the issuance of
79	the bonds. No moneys transferred to the Land Acquisition Trust
80	Fund pursuant to this paragraph, or earnings thereon, shall be
81	used or made available to pay debt service on the Save Our Coast
82	revenue bonds.
83	Section 3.  Effective July 1, 2007, paragraph (a) of
84	subsection (1) of section 201.15, Florida Statutes, as amended
85	by section 1 of chapter 2005-92, Laws of Florida, is amended to
86	read:
87	201.15  Distribution of taxes collected.--All taxes
88	collected under this chapter shall be distributed as follows and
89	shall be subject to the service charge imposed in s. 215.20(1),
90	except that such service charge shall not be levied against any
91	portion of taxes pledged to debt service on bonds to the extent
92	that the amount of the service charge is required to pay any
93	amounts relating to the bonds:
94	(1)  Sixty-two and sixty-three hundredths percent of the
95	remaining taxes collected under this chapter shall be used for
96	the following purposes:
97	(a)  Amounts as shall be necessary to pay the debt service
98	on, or fund debt service reserve funds, rebate obligations, or
99	other amounts payable with respect to Preservation 2000 bonds
100	issued pursuant to s. 375.051 and Florida Forever bonds issued
101	pursuant to s. 215.618, shall be paid into the State Treasury to
102	the credit of the Land Acquisition Trust Fund to be used for
103	such purposes. The amount transferred to the Land Acquisition
104	Trust Fund shall not exceed $300 million in fiscal year 1999-
105	2000 and thereafter for Preservation 2000 bonds and bonds issued
106	to refund Preservation 2000 bonds, and $300 million in fiscal
107	year 2000-2001 and thereafter for Florida Forever bonds. The
108	annual amount transferred to the Land Acquisition Trust Fund for
109	Florida Forever bonds shall not exceed $30 million in the first
110	fiscal year in which bonds are issued. The limitation on the
111	amount transferred shall be increased by an additional $60 $30
112	million in each subsequent fiscal year, but shall not exceed a
113	total of $300 million in any fiscal year for all bonds issued.
114	It is the intent of the Legislature that all bonds issued to
115	fund the Florida Forever Act be retired by December 31, 2030.
116	Except for bonds issued to refund previously issued bonds, no
117	series of bonds may be issued pursuant to this paragraph unless
118	such bonds are approved and the debt service for the remainder
119	of the fiscal year in which the bonds are issued is specifically
120	appropriated in the General Appropriations Act. For purposes of
121	refunding Preservation 2000 bonds, amounts designated within
122	this section for Preservation 2000 and Florida Forever bonds may
123	be transferred between the two programs to the extent provided
124	for in the documents authorizing the issuance of the bonds. The
125	Preservation 2000 bonds and Florida Forever bonds shall be
126	equally and ratably secured by moneys distributable to the Land
127	Acquisition Trust Fund pursuant to this section, except to the
128	extent specifically provided otherwise by the documents
129	authorizing the issuance of the bonds. No moneys transferred to
130	the Land Acquisition Trust Fund pursuant to this paragraph, or
131	earnings thereon, shall be used or made available to pay debt
132	service on the Save Our Coast revenue bonds.
133	Section 4.  Subsection (1) of section 373.4144, Florida
134	Statutes, is amended to read:
135	373.4144  Federal environmental permitting.--
136	(1)  In order to effectuate efficient wetland permitting
137	and avoid duplication, the department and water management
138	districts may implement a statewide programmatic general permit
139	for any dredge and fill activity impacting 10 acres or less of
140	wetlands or waters, including navigable waters, subject to
141	agreement with the United States Army Corps of Engineers in
142	accordance with the following conditions:
143	(a)  An applicant who seeks to use the statewide
144	programmatic general permit authorized by this subsection is
145	consenting to the department or district applying the landward-
146	most delineation of wetland jurisdiction applicable pursuant to
147	this part or the regulations implementing s. 404 of the Clean
148	Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et
149	seq., and s. 10 of the Rivers and Harbors Act of 1899. In
150	implementing the 1987 Corps of Engineers Wetlands Manual
151	Technical Report (Y 87-1), the department or district shall
152	equate high organic matter in the surface horizon in accordance
153	with the criteria for hydric soils of the National Resource
154	Conservation Service. The department shall ensure statewide
155	coordination and consistency in the delineation of surface
156	waters and wetlands pursuant to the statewide programmatic
157	general permit authorized by this part, by providing training
158	and guidance to department staff and to the districts in
159	implementing such permit.
160	(b)  An applicant who seeks to use the statewide
161	programmatic general permit authorized by this subsection may be
162	subject to applicable substantive federal wetland regulatory
163	criteria, which are not included pursuant to this part but which
164	are authorized by the regulation implementing s. 404 of the
165	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
166	1251 et seq., and s. 10 of the Rivers and Harbors Act of 1899.
167	(c)  Notwithstanding s. 373.4145, an applicant in the
168	Northwest Florida Water Management District may seek to use the
169	statewide programmatic general permit authorized by this
170	subsection and, for the limited purposes of implementing the
171	statewide programmatic general permit authorized by this
172	section, the department may apply its permitting criteria and
173	authority to the regulation of isolated wetlands The department
174	is directed to develop, on or before October 1, 2005, a
175	mechanism or plan to consolidate, to the maximum extent
176	practicable, the federal and state wetland permitting programs.
177	It is the intent of the Legislature that all dredge and fill
178	activities impacting 10 acres or less of wetlands or waters,
179	including navigable waters, be processed by the state as part of
180	the environmental resource permitting program implemented by the
181	department and the water management districts. The resulting
182	mechanism or plan shall analyze and propose the development of
183	an expanded state programmatic general permit program in
184	conjunction with the United States Army Corps of Engineers
185	pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
186	as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
187	and Harbors Act of 1899. Alternatively, or in combination with
188	an expanded state programmatic general permit, the mechanism or
189	plan may propose the creation of a series of regional general
190	permits issued by the United States Army Corps of Engineers
191	pursuant to the referenced statutes. All of the regional general
192	permits must be administered by the department or the water
193	management districts or their designees.
194	Section 5.  Subsection (19) of section 373.4211, Florida
195	Statutes, is amended to read:
196	373.4211  Ratification of chapter 17-340, Florida
197	Administrative Code, on the delineation of the landward extent
198	of wetlands and surface waters.--Pursuant to s. 373.421, the
199	Legislature ratifies chapter 17-340, Florida Administrative
200	Code, approved on January 13, 1994, by the Environmental
201	Regulation Commission, with the following changes:
202	(19)(a)  Rule 17-340.450(3) is amended by adding, after the
203	species list, the following language:
204	"Within Monroe County and the Key Largo portion of Dade
205	County only, the following species shall be listed as
206	facultative: Alternanthera paronychioides, Byrsonima lucida,
207	Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
208	Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
209	unquis-cati, Randia aculeata, Reynosia septentrionalis, and
210	Thrinax radiata."
211	(b)  If the statewide programmatic general permit
212	authorized by s. 373.4144(1) is adopted and such permit covers
213	dredge and fill activity that impacts no less than 5 acres of
214	wetlands, 60 days after adoption of such general permit and
215	notwithstanding the provisions of paragraph (a), the vegetative
216	index used to identify and delineate wetlands is modified such
217	that slash pine (pinus elliotti) and gallberry (Ilex glabral)
218	are classified as facultative and thus added to the list in rule
219	62-340.450(3), Florida Administrative Code.
220	Section 6.  Except as otherwise expressly provided in this
221	act, this act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.