Senate Bill sb2544

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    Florida Senate - 2006                                  SB 2544

    By Senator Dockery





    15-1517A-06

  1                      A bill to be entitled

  2         An act relating to environmental protection;

  3         providing legislative intent regarding funding

  4         for the Florida Forever program; amending s.

  5         201.15, F.S.; revising provisions governing

  6         distribution of a portion of the proceeds of

  7         the excise tax on documents to the Land

  8         Acquisition Trust Fund; amending s. 373.4144,

  9         F.S.; removing provisions requiring the

10         Department of Environmental Protection to

11         develop a mechanism consolidating federal and

12         state wetland permitting programs; authorizing

13         implementation of a statewide programmatic

14         general permit by the department and each water

15         management district for certain dredge and fill

16         activities; specifying conditions applicable to

17         such permit; providing for use of such general

18         permit within the Northwest Florida Water

19         Management District; amending s. 373.4211,

20         F.S.; revising provisions concerning the

21         vegetative index used to delineate the landward

22         extent of wetlands and surface waters;

23         providing effective dates.

24  

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

26  

27         Section 1.  The Legislature finds that rising land

28  costs have reduced the effectiveness of the Florida Forever

29  program. It is therefore the intent of the Legislature that

30  the distribution of funds to the Florida Forever program be

31  accelerated in order to complete the appropriations

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    Florida Senate - 2006                                  SB 2544
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 1  anticipated under s. 215.618, Florida Statutes, by the

 2  2007-2008 fiscal year by lifting the annual limit on debt

 3  service for Florida Forever Bonds and allowing appropriations

 4  for the Florida Forever program to rise to $600 million in the

 5  2006-2007 and 2007-2008 fiscal years.

 6         Section 2.  Paragraph (a) of subsection (1) of section

 7  201.15, Florida Statutes, is amended to read:

 8         201.15  Distribution of taxes collected.--All taxes

 9  collected under this chapter shall be distributed as follows

10  and shall be subject to the service charge imposed in s.

11  215.20(1), except that such service charge shall not be levied

12  against any portion of taxes pledged to debt service on bonds

13  to the extent that the amount of the service charge is

14  required to pay any amounts relating to the bonds:

15         (1)  Sixty-two and sixty-three hundredths percent of

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

18         (a)  Amounts as shall be necessary to pay the debt

19  service on, or fund debt service reserve funds, rebate

20  obligations, or other amounts payable with respect to

21  Preservation 2000 bonds issued pursuant to s. 375.051 and

22  Florida Forever bonds issued pursuant to s. 215.618, shall be

23  paid into the State Treasury to the credit of the Land

24  Acquisition Trust Fund to be used for such purposes. The

25  amount transferred to the Land Acquisition Trust Fund for such

26  purposes shall not exceed $300 million in fiscal year

27  1999-2000 and thereafter for Preservation 2000 bonds and bonds

28  issued to refund Preservation 2000 bonds, and $300 million in

29  fiscal year 2000-2001 and thereafter for Florida Forever

30  bonds. The annual amount transferred to the Land Acquisition

31  Trust Fund for Florida Forever bonds shall not exceed $30

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    Florida Senate - 2006                                  SB 2544
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 1  million in the first fiscal year in which bonds are issued.

 2  Beginning in the 2006-2007 fiscal year, the limitation on the

 3  amount transferred shall be increased by an additional $60 $30

 4  million in each subsequent fiscal year, but shall not exceed a

 5  total of $300 million in any fiscal year for all bonds issued.

 6  It is the intent of the Legislature that all bonds issued to

 7  fund the Florida Forever Act be retired by December 31, 2030.

 8  Except for bonds issued to refund previously issued bonds, no

 9  series of bonds may be issued pursuant to this paragraph

10  unless such bonds are approved and the debt service for the

11  remainder of the fiscal year in which the bonds are issued is

12  specifically appropriated in the General Appropriations Act.

13  For purposes of refunding Preservation 2000 bonds, amounts

14  designated within this section for Preservation 2000 and

15  Florida Forever bonds may be transferred between the two

16  programs to the extent provided for in the documents

17  authorizing the issuance of the bonds. The Preservation 2000

18  bonds and Florida Forever bonds shall be equally and ratably

19  secured by moneys distributable to the Land Acquisition Trust

20  Fund pursuant to this section, except to the extent

21  specifically provided otherwise by the documents authorizing

22  the issuance of the bonds. No moneys transferred to the Land

23  Acquisition Trust Fund pursuant to this paragraph, or earnings

24  thereon, shall be used or made available to pay debt service

25  on the Save Our Coast revenue bonds.

26         Section 3.  Effective July 1, 2007, paragraph (a) of

27  subsection (1) of section 201.15, Florida Statutes, as amended

28  by section 1 of chapter 2005-92, Laws of Florida, is amended

29  to read:

30         201.15  Distribution of taxes collected.--All taxes

31  collected under this chapter shall be distributed as follows

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    Florida Senate - 2006                                  SB 2544
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 1  and shall be subject to the service charge imposed in s.

 2  215.20(1), except that such service charge shall not be levied

 3  against any portion of taxes pledged to debt service on bonds

 4  to the extent that the amount of the service charge is

 5  required to pay any amounts relating to the bonds:

 6         (1)  Sixty-two and sixty-three hundredths percent of

 7  the remaining taxes collected under this chapter shall be used

 8  for the following purposes:

 9         (a)  Amounts as shall be necessary to pay the debt

10  service on, or fund debt service reserve funds, rebate

11  obligations, or other amounts payable with respect to

12  Preservation 2000 bonds issued pursuant to s. 375.051 and

13  Florida Forever bonds issued pursuant to s. 215.618, shall be

14  paid into the State Treasury to the credit of the Land

15  Acquisition Trust Fund to be used for such purposes. The

16  amount transferred to the Land Acquisition Trust Fund shall

17  not exceed $300 million in fiscal year 1999-2000 and

18  thereafter for Preservation 2000 bonds and bonds issued to

19  refund Preservation 2000 bonds, and $300 million in fiscal

20  year 2000-2001 and thereafter for Florida Forever bonds. The

21  annual amount transferred to the Land Acquisition Trust Fund

22  for Florida Forever bonds shall not exceed $30 million in the

23  first fiscal year in which bonds are issued. Beginning in the

24  2006-2007 fiscal year, the limitation on the amount

25  transferred shall be increased by an additional $60 $30

26  million in each subsequent fiscal year, but shall not exceed a

27  total of $300 million in any fiscal year for all bonds issued.

28  It is the intent of the Legislature that all bonds issued to

29  fund the Florida Forever Act be retired by December 31, 2030.

30  Except for bonds issued to refund previously issued bonds, no

31  series of bonds may be issued pursuant to this paragraph

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    Florida Senate - 2006                                  SB 2544
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 1  unless such bonds are approved and the debt service for the

 2  remainder of the fiscal year in which the bonds are issued is

 3  specifically appropriated in the General Appropriations Act.

 4  For purposes of refunding Preservation 2000 bonds, amounts

 5  designated within this section for Preservation 2000 and

 6  Florida Forever bonds may be transferred between the two

 7  programs to the extent provided for in the documents

 8  authorizing the issuance of the bonds. The Preservation 2000

 9  bonds and Florida Forever bonds shall be equally and ratably

10  secured by moneys distributable to the Land Acquisition Trust

11  Fund pursuant to this section, except to the extent

12  specifically provided otherwise by the documents authorizing

13  the issuance of the bonds. No moneys transferred to the Land

14  Acquisition Trust Fund pursuant to this paragraph, or earnings

15  thereon, shall be used or made available to pay debt service

16  on the Save Our Coast revenue bonds.

17         Section 4.  Subsection (1) of section 373.4144, Florida

18  Statutes, is amended to read:

19         373.4144  Federal environmental permitting.--

20         (1)  In order to effectuate efficient wetland

21  permitting and avoid duplication, the department and water

22  management districts may implement a statewide programmatic

23  general permit for any dredge and fill activity impacting 10

24  acres or less of wetlands or waters, including navigable

25  waters, subject to agreement with the United States Army Corps

26  of Engineers in accordance with the following conditions:

27         (a)  An applicant who seeks to use the statewide

28  programmatic general permit authorized by this subsection is

29  consenting to the department or district applying the

30  landward-most delineation of wetland jurisdiction applicable

31  pursuant to this part or the regulations implementing s. 404

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    Florida Senate - 2006                                  SB 2544
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 1  of the Clean Water Act, Pub. L. No. 92-500, as amended, 33

 2  U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and Harbors

 3  Act of 1899. In implementing the 1987 Corps of Engineers

 4  Wetlands Manual Technical Report (Y 87-1), the department or

 5  district shall equate high organic matter in the surface

 6  horizon in accordance with the criteria for hydric soils of

 7  the National Resource Conservation Service. The department

 8  shall ensure statewide coordination and consistency in the

 9  delineation of surface waters and wetlands pursuant to the

10  statewide programmatic general permit authorized by this part,

11  by providing training and guidance to department staff and to

12  the districts in implementing such permit.

13         (b)  An applicant who seeks to use the statewide

14  programmatic general permit authorized by this subsection may

15  be subject to applicable substantive federal wetland

16  regulatory criteria, which are not included pursuant to this

17  part but which are authorized by the regulation implementing

18  s. 404 of the Clean Water Act, Pub. L. No. 92-500, as amended,

19  33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers and

20  Harbors Act of 1899.

21         (c)  Notwithstanding s. 373.4145, an applicant in the

22  Northwest Florida Water Management District may seek to use

23  the statewide programmatic general permit authorized by this

24  subsection and, for the limited purposes of implementing the

25  statewide programmatic general permit authorized by this

26  section, the department may apply its permitting criteria and

27  authority to the regulation of isolated wetlands. The

28  department is directed to develop, on or before October 1,

29  2005, a mechanism or plan to consolidate, to the maximum

30  extent practicable, the federal and state wetland permitting

31  programs. It is the intent of the Legislature that all dredge

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    Florida Senate - 2006                                  SB 2544
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 1  and fill activities impacting 10 acres or less of wetlands or

 2  waters, including navigable waters, be processed by the state

 3  as part of the environmental resource permitting program

 4  implemented by the department and the water management

 5  districts. The resulting mechanism or plan shall analyze and

 6  propose the development of an expanded state programmatic

 7  general permit program in conjunction with the United States

 8  Army Corps of Engineers pursuant to s. 404 of the Clean Water

 9  Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et

10  seq., and s. 10 of the Rivers and Harbors Act of 1899.

11  Alternatively, or in combination with an expanded state

12  programmatic general permit, the mechanism or plan may propose

13  the creation of a series of regional general permits issued by

14  the United States Army Corps of Engineers pursuant to the

15  referenced statutes. All of the regional general permits must

16  be administered by the department or the water management

17  districts or their designees.

18         Section 5.  Subsection (19) of section 373.4211,

19  Florida Statutes, is amended to read:

20         373.4211  Ratification of chapter 17-340, Florida

21  Administrative Code, on the delineation of the landward extent

22  of wetlands and surface waters.--Pursuant to s. 373.421, the

23  Legislature ratifies chapter 17-340, Florida Administrative

24  Code, approved on January 13, 1994, by the Environmental

25  Regulation Commission, with the following changes:

26         (19)(a)  Rule 17-340.450(3) is amended by adding, after

27  the species list, the following language:

28         "Within Monroe County and the Key Largo portion of Dade

29  County only, the following species shall be listed as

30  facultative: Alternanthera paronychioides, Byrsonima lucida,

31  Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,

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    Florida Senate - 2006                                  SB 2544
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 1  Pisonis rotundata, Pithecellobium keyensis, Pithecellobium

 2  unquis-cati, Randia aculeata, Reynosia septentrionalis, and

 3  Thrinax radiata."

 4         (b)  If the statewide programmatic general permit

 5  authorized by s. 373.4144(1) is adopted and such permit covers

 6  dredge and fill activity that impacts no less than 5 acres of

 7  wetlands, 60 days after adoption of such general permit and

 8  notwithstanding the provisions of subsection (a), the

 9  vegetative index used to identify and delineate wetlands is

10  modified such that slash pine (pinus elliotti) and gallberry

11  (Ilex glabral) are classified as facultative and thus added to

12  the list in rule 62-340.450(3), Florida Administrative Code.

13         Section 6.  Except as otherwise expressly provided in

14  this act, this act shall take effect upon becoming a law.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Increases the amount of the proceeds from the excise tax
      on documents which are distributed to the Land
19    Acquisition Trust Fund. Authorizes implementation of a
      statewide programmatic general permit by the Department
20    of Environmental Protection and the water management
      districts for certain dredge and fill activities.
21    Specifies conditions applicable to such permit. Revises
      provisions concerning the vegetative index used to
22    delineate the landward extent of wetlands and surface
      waters.
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