Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 10
Ì233860$Î233860
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/08/2017 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Appropriations Subcommittee on the Environment and Natural
Resources (Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Coast-to-Coast
6 Comprehensive Water Resources Program.”
7 Section 2. Section 201.15, Florida Statutes, is amended to
8 read:
9 201.15 Distribution of taxes collected.—All taxes collected
10 under this chapter are hereby pledged and shall be first made
11 available to make payments when due on bonds issued pursuant to
12 s. 215.613, s. 215.618, or s. 215.619, or any other bonds
13 authorized to be issued on a parity basis with such bonds. Such
14 pledge and availability for the payment of these bonds shall
15 have priority over any requirement for the payment of service
16 charges or costs of collection and enforcement under this
17 section. All taxes collected under this chapter, except taxes
18 distributed to the Land Acquisition Trust Fund pursuant to
19 subsections (1) and (2), are subject to the service charge
20 imposed in s. 215.20(1). Before distribution pursuant to this
21 section, the Department of Revenue shall deduct amounts
22 necessary to pay the costs of the collection and enforcement of
23 the tax levied by this chapter. The costs and service charge may
24 not be levied against any portion of taxes pledged to debt
25 service on bonds to the extent that the costs and service charge
26 are required to pay any amounts relating to the bonds. All of
27 the costs of the collection and enforcement of the tax levied by
28 this chapter and the service charge shall be available and
29 transferred to the extent necessary to pay debt service and any
30 other amounts payable with respect to bonds authorized before
31 January 1, 2017, secured by revenues distributed pursuant to
32 this section. All taxes remaining after deduction of costs shall
33 be distributed as follows:
34 (1) Amounts necessary to make payments on bonds issued
35 pursuant to s. 215.613, s. 215.618, or s. 215.619, as provided
36 under paragraphs (3)(a), and (b), and (c) or on any other bonds
37 authorized to be issued on a parity basis with such bonds shall
38 be deposited into the Land Acquisition Trust Fund.
39 (2) If the amounts deposited pursuant to subsection (1) are
40 less than 33 percent of all taxes collected after first
41 deducting the costs of collection, an amount equal to 33 percent
42 of all taxes collected after first deducting the costs of
43 collection, minus the amounts deposited pursuant to subsection
44 (1), shall be deposited into the Land Acquisition Trust Fund.
45 (3) Amounts on deposit in the Land Acquisition Trust Fund
46 shall be used in the following order:
47 (a) Payment of debt service or funding of debt service
48 reserve funds, rebate obligations, or other amounts payable with
49 respect to water resource protection and development bonds
50 issued pursuant to s. 215.613. The amount used for such purposes
51 may not exceed $300 million in each fiscal year.
52 (b)(a) Payment of debt service or funding of debt service
53 reserve funds, rebate obligations, or other amounts payable with
54 respect to Florida Forever bonds issued pursuant to s. 215.618.
55 The amount used for such purposes may not exceed $300 million in
56 each fiscal year. It is the intent of the Legislature that all
57 bonds issued to fund the Florida Forever Act be retired by
58 December 31, 2040. Except for bonds issued to refund previously
59 issued bonds, no series of bonds may be issued pursuant to this
60 paragraph unless such bonds are approved and the debt service
61 for the remainder of the fiscal year in which the bonds are
62 issued is specifically appropriated in the General
63 Appropriations Act.
64 (c)(b) Payment of debt service or funding of debt service
65 reserve funds, rebate obligations, or other amounts due with
66 respect to Everglades restoration bonds issued pursuant to s.
67 215.619. Taxes distributed under paragraph (a), paragraph (b),
68 and this paragraph must be collectively distributed on a pro
69 rata basis when the available moneys under this subsection are
70 not sufficient to cover the amounts required under paragraph
71 (a), paragraph (b), and this paragraph.
72
73 Bonds issued pursuant to s. 215.613, s. 215.618, or s. 215.619
74 are equally and ratably secured by moneys distributable to the
75 Land Acquisition Trust Fund.
76 (4) After the required distributions to the Land
77 Acquisition Trust Fund pursuant to subsections (1) and (2) and
78 deduction of the service charge imposed pursuant to s.
79 215.20(1), the remainder shall be distributed as follows:
80 (a) The lesser of 24.18442 percent of the remainder or
81 $541.75 million in each fiscal year shall be paid into the State
82 Treasury to the credit of the State Transportation Trust Fund.
83 Of such funds, $75 million for each fiscal year shall be
84 transferred to the State Economic Enhancement and Development
85 Trust Fund within the Department of Economic Opportunity.
86 Notwithstanding any other law, the remaining amount credited to
87 the State Transportation Trust Fund shall be used for:
88 1. Capital funding for the New Starts Transit Program,
89 authorized by Title 49, U.S.C. s. 5309 and specified in s.
90 341.051, in the amount of 10 percent of the funds;
91 2. The Small County Outreach Program specified in s.
92 339.2818, in the amount of 10 percent of the funds;
93 3. The Strategic Intermodal System specified in ss. 339.61,
94 339.62, 339.63, and 339.64, in the amount of 75 percent of the
95 funds after deduction of the payments required pursuant to
96 subparagraphs 1. and 2.; and
97 4. The Transportation Regional Incentive Program specified
98 in s. 339.2819, in the amount of 25 percent of the funds after
99 deduction of the payments required pursuant to subparagraphs 1.
100 and 2. The first $60 million of the funds allocated pursuant to
101 this subparagraph shall be allocated annually to the Florida
102 Rail Enterprise for the purposes established in s. 341.303(5).
103 (b) The lesser of 0.1456 percent of the remainder or $3.25
104 million in each fiscal year shall be paid into the State
105 Treasury to the credit of the Grants and Donations Trust Fund in
106 the Department of Economic Opportunity to fund technical
107 assistance to local governments.
108
109 Moneys distributed pursuant to paragraphs (a) and (b) may not be
110 pledged for debt service unless such pledge is approved by
111 referendum of the voters.
112 (c) Eleven and twenty-four hundredths percent of the
113 remainder in each fiscal year shall be paid into the State
114 Treasury to the credit of the State Housing Trust Fund. Of such
115 funds, the first $35 million shall be transferred annually,
116 subject to any distribution required under subsection (5), to
117 the State Economic Enhancement and Development Trust Fund within
118 the Department of Economic Opportunity. The remainder shall be
119 used as follows:
120 1. Half of that amount shall be used for the purposes for
121 which the State Housing Trust Fund was created and exists by
122 law.
123 2. Half of that amount shall be paid into the State
124 Treasury to the credit of the Local Government Housing Trust
125 Fund and used for the purposes for which the Local Government
126 Housing Trust Fund was created and exists by law.
127 (d) Twelve and ninety-three hundredths percent of the
128 remainder in each fiscal year shall be paid into the State
129 Treasury to the credit of the State Housing Trust Fund. Of such
130 funds, the first $40 million shall be transferred annually,
131 subject to any distribution required under subsection (5), to
132 the State Economic Enhancement and Development Trust Fund within
133 the Department of Economic Opportunity. The remainder shall be
134 used as follows:
135 1. Twelve and one-half percent of that amount shall be
136 deposited into the State Housing Trust Fund and expended by the
137 Department of Economic Opportunity and the Florida Housing
138 Finance Corporation for the purposes for which the State Housing
139 Trust Fund was created and exists by law.
140 2. Eighty-seven and one-half percent of that amount shall
141 be distributed to the Local Government Housing Trust Fund and
142 used for the purposes for which the Local Government Housing
143 Trust Fund was created and exists by law. Funds from this
144 category may also be used to provide for state and local
145 services to assist the homeless.
146 (e) The lesser of 0.017 percent of the remainder or
147 $300,000 in each fiscal year shall be paid into the State
148 Treasury to the credit of the General Inspection Trust Fund to
149 be used to fund oyster management and restoration programs as
150 provided in s. 379.362(3).
151 (5) Distributions to the State Housing Trust Fund pursuant
152 to paragraphs (4)(c) and (d) must be sufficient to cover amounts
153 required to be transferred to the Florida Affordable Housing
154 Guarantee Program’s annual debt service reserve and guarantee
155 fund pursuant to s. 420.5092(6)(a) and (b) up to the amount
156 required to be transferred to such reserve and fund based on the
157 percentage distribution of documentary stamp tax revenues to the
158 State Housing Trust Fund which is in effect in the 2004-2005
159 fiscal year.
160 (6) After the distributions provided in the preceding
161 subsections, any remaining taxes shall be paid into the State
162 Treasury to the credit of the General Revenue Fund.
163 Section 3. Section 215.613, Florida Statutes, is created to
164 read:
165 215.613 Bonds for water resource protection and
166 development.—
167 (1) The issuance of water resource protection and
168 development bonds, not to exceed $3.3 billion, to finance or
169 refinance the cost of acquisition and improvement of land, water
170 areas, or related property interests for the purposes of water
171 resource protection and development, and for capital
172 improvements to land or water areas which facilitate water
173 resource protection and development is authorized, subject to s.
174 373.475 and pursuant to s. 11(e), Art. VII of the State
175 Constitution. The $3.3 billion limitation on the issuance of
176 water resource protection and development bonds does not apply
177 to refunding bonds. The duration of each series of bonds issued
178 may not exceed 20 annual maturities. No more than 58.25 percent
179 of documentary stamp taxes collected may be taken into account
180 for the purpose of satisfying an additional bonds test set forth
181 in any authorizing resolution for bonds issued on or after July
182 1, 2017.
183 (2) The state covenants with the holders of water resource
184 protection and development bonds that it will not take any
185 action that will materially and adversely affect the rights of
186 such holders so long as such bonds are outstanding, including,
187 but not limited to, a reduction in the portion of documentary
188 stamp taxes distributable to the Land Acquisition Trust Fund for
189 payment of debt service on water resource protection and
190 development bonds.
191 (3) In accordance with s. 28, Art. X of the State
192 Constitution, bonds issued pursuant to this section are payable
193 from taxes distributable to the Land Acquisition Trust Fund
194 pursuant to s. 201.15. Bonds issued pursuant to this section do
195 not constitute a general obligation of, or a pledge of the full
196 faith and credit of, the state. Water resource protection and
197 development bonds are secured on a parity basis with Florida
198 Forever bonds issued pursuant to s. 215.618 and Everglades
199 restoration bonds issued pursuant to s. 215.619.
200 (4) The Department of Environmental Protection shall
201 request the Division of Bond Finance of the State Board of
202 Administration to issue the bonds authorized by this section.
203 The Division of Bond Finance shall issue such bonds pursuant to
204 the State Bond Act.
205 (5) The proceeds from the sale of bonds issued pursuant to
206 this section, less the costs of issuance, the costs of funding
207 reserve accounts, and other costs with respect to the bonds,
208 shall be deposited into the Land Acquisition Trust Fund. The
209 bond proceeds deposited into the Land Acquisition Trust Fund
210 shall be distributed by the Department of Environmental
211 Protection as provided in s. 373.475.
212 (6) There may not be any sale, disposition, lease,
213 easement, license, or other use of any land, water areas, or
214 related property interests acquired or improved with proceeds of
215 water resource protection and development bonds which would
216 cause all or any portion of the interest of such bonds to lose
217 the exclusion from gross income for federal income tax purposes.
218 (7) The initial series of water resource protection and
219 development bonds shall be validated in addition to any other
220 bonds required to be validated pursuant to s. 215.82. Any
221 complaint for validation of bonds issued pursuant to this
222 section shall be filed only in the circuit court of the county
223 where the seat of state government is situated, the notice
224 required to be published by s. 75.06 shall be published only in
225 the county where the complaint is filed, and the complaint and
226 order of the circuit court shall be served only on the state
227 attorney of the circuit in which the action is pending.
228 Section 4. Paragraph (a) of subsection (1) of section
229 215.618, Florida Statutes, is amended to read:
230 215.618 Bonds for acquisition and improvement of land,
231 water areas, and related property interests and resources.—
232 (1)(a) The issuance of Florida Forever bonds, not to exceed
233 $2 billion $5.3 billion, to finance or refinance the cost of
234 acquisition and improvement of land, water areas, and related
235 property interests and resources, in urban and rural settings,
236 for the purposes of restoration, conservation, recreation, water
237 resource development, or historical preservation, and for
238 capital improvements to lands and water areas that accomplish
239 environmental restoration, enhance public access and
240 recreational enjoyment, promote long-term management goals, and
241 facilitate water resource development is hereby authorized,
242 subject to s. 259.105 and pursuant to s. 11(e), Art. VII of the
243 State Constitution and, on or after July 1, 2015, to also
244 finance or refinance the acquisition and improvement of land,
245 water areas, and related property interests as provided in s.
246 28, Art. X of the State Constitution. The $2 billion $5.3
247 billion limitation on the issuance of Florida Forever bonds does
248 not apply to refunding bonds. The duration of each series of
249 Florida Forever bonds issued may not exceed 20 annual
250 maturities. Not more than 58.25 percent of documentary stamp
251 taxes collected may be taken into account for the purpose of
252 satisfying an additional bonds test set forth in any authorizing
253 resolution for bonds issued on or after July 1, 2015.
254 Section 5. Section 373.4598, Florida Statutes, is created
255 to read:
256 373.4598 Reservoir project in the Everglades Agricultural
257 Area.—
258 (1) LEGISLATIVE FINDINGS AND INTENT.—
259 (a) The Legislature declares that an emergency exists
260 regarding the St. Lucie and Caloosahatchee estuaries due to the
261 harmful freshwater discharges east and west of the lake. Such
262 discharges have manifested in widespread algae blooms, public
263 health impacts, and extensive environmental harm to wildlife and
264 the aquatic ecosystem. These conditions threaten the ecological
265 integrity of the estuaries and the economic viability of the
266 state and affected communities.
267 (b) The Legislature finds that the acquisition of
268 strategically located lands south of the lake and the
269 construction of the reservoir project will increase the
270 availability of water storage and reduce the harmful freshwater
271 discharges. Additionally, water storage south of the lake will
272 increase the availability of water for the Everglades and to
273 meet irrigation demands for the Everglades Agricultural Area;
274 restore the hydrological connection to the Everglades; and
275 provide flood protection by reducing, through additional storage
276 capacity, some of the demands on the Herbert Hoover Dike.
277 (c) The Legislature recognizes that the reservoir project
278 is authorized in the Water Resources Development Act of 2000 as
279 a project component of CERP. Unless other funding is available,
280 the Legislature directs the district in implementation of the
281 reservoir project to abide by applicable state and federal law
282 in order to do that which is required to obtain federal credit
283 under the CERP. If the district implements the reservoir project
284 as a project component as defined in s. 373.1501, the district
285 must abide by all applicable state and federal law relating to
286 such projects.
287 (d) The Legislature finds that the rate of funding for the
288 CERP must be increased if restoration will be achieved within
289 the timeframes originally envisioned and that the delay in
290 substantial progress toward completing critical elements of
291 restoration, such as southern storage, will cause irreparable
292 harm to natural systems and ultimately increase the cost of
293 restoration. A substantial commitment to the advancement of
294 projects identified as part of the CERP will reduce ongoing
295 ecological damage to the St. Lucie and Caloosahatchee estuaries.
296 (e) This section is not intended to diminish the
297 commitments made by the state in chapter 2016-201, Laws of
298 Florida.
299 (2) DEFINITIONS.—As used in this section, the term:
300 (a) “Agreement” means the Second Amended and Restated
301 Agreement for Sale and Purchase between the United States Sugar
302 Corporation, SBG Farms, Inc., Southern Garden Groves
303 Corporation, and the South Florida Water Management District,
304 dated August 12, 2010.
305 (b) “Board” means the Board of Trustees of the Internal
306 Improvement Trust Fund.
307 (c) “Comprehensive Everglades Restoration Plan” or “CERP”
308 has the same meaning as the term “comprehensive plan” as defined
309 in s. 373.470.
310 (d) “District” means the South Florida Water Management
311 District.
312 (e) “Everglades Agricultural Area” or “EAA” has the same
313 meaning as defined in s. 373.4592.
314 (f) “Lake” means Lake Okeechobee.
315 (g) “Reservoir project” means a project to construct one or
316 two above-ground reservoirs that have a total water storage
317 capacity of approximately 360,000 acre-feet and are located in
318 the EAA.
319 (3) LAND ACQUISITION.—The Legislature declares that
320 acquiring land for the reservoir project is in the public
321 interest and that the governing board of the district and the
322 board may acquire fee title for the purpose of implementing the
323 reservoir project. However, the district may not exercise
324 eminent domain for the purpose of implementing the reservoir
325 project.
326 (a) Upon the effective date of this act, the district shall
327 seek proposals from willing sellers of property within the
328 Everglades Agricultural Area in order to acquire approximately
329 60,000 acres of land that is suitable for the reservoir project.
330 All appraisal reports, offers, and counteroffers are
331 confidential and exempt from s. 119.07(1), as provided in s.
332 373.139.
333 (b) If the district does not acquire land pursuant to
334 paragraph (a) by December 31, 2017:
335 1. The district must assign, by January 31, 2018, the
336 agreement’s Entire Option Property Non-Exclusive Option to the
337 board, as authorized in, and in accordance with, the agreement.
338 If, for any reason, the Seller, as defined in the agreement,
339 does not find the assignment to be reasonably acceptable in form
340 and substance, the district must retain the Entire Option
341 Property Non-Exclusive Option;
342 2. The board or the district, whichever holds the option,
343 must, by March 1, 2018, exercise the option in accordance with
344 the agreement. The Buyer’s Proposed Option Property Purchase
345 Price, as specified in the agreement, may not be less than the
346 average of $7,400 per acre, unless the maximum offer allowed by
347 law is less than the average of $7,400 per acre; and
348 3. The board or the district, if applicable, may dispose of
349 or exchange any land or lease interest in the land that is
350 acquired pursuant to this paragraph in order to achieve optimal
351 siting for the reservoir project or to dispose of land that is
352 not necessary for the reservoir project. Any such exchange or
353 disposition may not be in violation of the agreement.
354 (4) DESIGN, PERMITTING, AND CONSTRUCTION.—If the district
355 finds willing sellers of property pursuant to paragraph (3)(a),
356 the district:
357 (a) Once the land has been agreed upon for purchase, must
358 immediately begin the reservoir project with the goal of
359 providing adequate water storage and conveyance south of the
360 lake to reduce the volume of regulatory discharges of water from
361 the lake to the east and west;
362 (b) Once the land is acquired, must expeditiously pursue
363 necessary permitting and begin implementation and construction
364 of the reservoir project as soon as practicable; and
365 (c) The district shall give preferential consideration to
366 the hiring of agricultural workers displaced as a result of the
367 reservoir project, consistent with their qualifications and
368 abilities, for the construction and operation of the reservoir
369 project.
370 (5) PLANNING STUDY.—
371 (a) If land is acquired pursuant to paragraph (3)(a) and
372 other funding is not available, the district must, in
373 coordination with the United States Army Corps of Engineers,
374 begin the planning study for the reservoir project by March 1,
375 2018.
376 (b) If land is not acquired pursuant to paragraph (3)(a) by
377 December 31, 2017, the district must, in coordination with the
378 United States Army Corps of Engineers, begin the planning study
379 for the reservoir project by October 1, 2019.
380 1. If land is acquired pursuant to paragraph (3)(b), the
381 district must identify which of the acquired land is suitable
382 for the reservoir project.
383 2. If land is not acquired pursuant to paragraph (3)(b),
384 the district must identify land that is suitable for the
385 reservoir project and the best option for securing such land.
386 (c) The district, when developing the planning study, must
387 focus on the goal of the reservoir project, which is to provide
388 adequate water storage and conveyance south of the lake to
389 reduce the volume of regulatory discharges of water from the
390 lake to the east and west.
391 (d) Upon completion of the planning study and the
392 finalization of the project implementation report, as defined in
393 s. 373.470, the district, in coordination with the United States
394 Army Corps of Engineers, shall seek Congressional authorization
395 for the reservoir project.
396 (6) FUNDING.—
397 (a) Pursuant to s. 11(e), Art. VII of the State
398 Constitution, up to $1.2 billion in state bonds are authorized
399 under this section to finance or refinance the acquisition and
400 improvement of land, water areas, and related property interests
401 and resources for the purposes of conservation, outdoor
402 recreation, water resource protection and development,
403 restoration of natural systems, and historic preservation.
404 (b) Any cost related to this section, including, but not
405 limited to, the costs for land acquisition, planning,
406 construction, and operation and maintenance, may be funded using
407 proceeds from water resource protection and development bonds
408 issued under s. 215.613.
409 (c) The Legislature determines that the authorization and
410 issuance of such bonds is in the best interest of the state and
411 determines that the reservoir project should be implemented.
412 (d) Notwithstanding any other provision of law, proceeds
413 from the sale of such bonds, less the costs of issuance, the
414 costs of funding reserve accounts, and other costs with respect
415 to the bonds, shall be distributed in the following manner:
416 1. If land is to be acquired pursuant to paragraph (3)(a),
417 the amount of up to $800 million in bond proceeds in the 2017
418 2018 fiscal year to the Land Acquisition Trust Fund for the
419 purposes of this section, and the amount of up to $400 million
420 in bond proceeds in the 2018-2019 fiscal year to the Land
421 Acquisition Trust Fund for the purposes of this section; or
422 2. If land is to be acquired pursuant to paragraph (3)(b),
423 the amount of up to $1.2 billion in bond proceeds in the 2018
424 2019 fiscal year to the Board of Trustees of the Internal
425 Improvement Trust Fund, or the Land Acquisition Trust Fund, if
426 applicable, to be used for the purposes of this section.
427 (e) Notwithstanding s. 373.026(8)(b) or any other provision
428 of law, the use of state funds is authorized for the reservoir
429 project.
430 (f) The district shall actively seek additional sources of
431 funding, including federal funding, for the reservoir project.
432 (g) If the reservoir project receives Congressional
433 authorization, the district must seek applicable federal credits
434 toward the state’s share of funding the land acquisition and
435 implementation of the reservoir project.
436 (7) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district shall
437 request that the United States Army Corps of Engineers pursue
438 the reevaluation of the Lake Okeechobee Regulation Schedule as
439 expeditiously as possible taking into consideration the repairs
440 made to the Herbert Hoover Dike and any increase in outlet
441 capacity south of the lake which offsets the harmful freshwater
442 discharges to the St. Lucie and Caloosahatchee estuaries.
443 Section 6. Section 373.475, Florida Statutes, is created to
444 read:
445 373.475 Water resource protection and development
446 financing.—
447 (1) The Legislature finds and declares that:
448 (a) The continued alteration and development of the state’s
449 natural and rural areas to accommodate the state’s growing
450 population has contributed to the degradation of water
451 resources.
452 (b) The state’s groundwater, surface waters, and springs
453 are under tremendous pressure due to population growth and
454 economic expansion and require special protection and
455 restoration efforts, including the protection of uplands and
456 springsheds that provide vital recharge to aquifer systems and
457 are critical to the protection of water quality and water
458 quantity of the aquifers and springs.
459 (c) To ensure that sufficient quantities of water are
460 available to meet the current and future needs of the natural
461 systems and citizens of the state and to help achieve the
462 overall goals of the department and the water management
463 districts, water resource protection and development projects
464 and capital improvements to land or water areas that facilitate
465 water resource protection and development are necessary.
466 (d) Many of the state’s unique ecosystems, such as the
467 Everglades, are facing ecological collapse due to the state’s
468 burgeoning population growth and economic activities. To
469 preserve these valuable ecosystems for future generations,
470 essential parcels of land must be acquired and improvements to
471 such lands must be made to facilitate ecosystem restoration.
472 (e) The Legislature recognizes that the acquisition of
473 lands in fee simple is only one way to achieve water resource
474 goals. The Legislature encourages the use of alternatives to fee
475 simple acquisition techniques and the development of
476 partnerships between governmental agencies and private
477 landowners.
478 (f) There is a need to change the focus and direction of
479 the state’s major land acquisition programs and to shift funding
480 and bonding capabilities from land acquisition for conservation
481 purposes towards land acquisition and improvements to land and
482 water areas to protect, restore, and develop water resources.
483 (g) Water resource protection and development projects are
484 necessary to secure water resources to meet current and future
485 water demands.
486 (2) The department shall distribute bond proceeds from the
487 Land Acquisition Trust Fund for the purposes of financing water
488 resource protection and development projects, including projects
489 pursuant to s. 373.4598.
490 (3) Water resource protection and development bond proceeds
491 shall be expended in a fiscally responsible manner. Any agency
492 that receives bond proceeds pursuant to this section may not
493 maintain a balance of unencumbered funds in its water resource
494 protection and development subaccount beyond 3 fiscal years from
495 the date of deposit of funds from each bond issue. All funds
496 that have not been expended or encumbered after 3 fiscal years
497 from the date of deposit shall be distributed by the Legislature
498 during its next regular session for use in the water resource
499 protection and development program.
500 Section 7. Section 373.478, Florida Statutes, is created to
501 read:
502 373.478 Water storage facility revolving loan fund.—
503 (1)(a) In recognition that waters of the state are among
504 the state’s most basic resources, the Legislature declares that
505 such waters should be managed to conserve and protect water
506 resources and to realize the full beneficial use of such
507 resources.
508 (b) As natural storage within the system has been lost due
509 to development, the Legislature finds that additional water
510 storage, natural or man-made, is necessary to capture water and
511 prevent water from being discharged to tide or otherwise lost to
512 protect the waters of the state.
513 (c) The Legislature finds that establishing infrastructure
514 financing and providing technical assistance to local
515 governments or water supply entities for water storage
516 facilities is necessary to conserve and protect the waters of
517 the state.
518 (2) For purposes of this section, the term:
519 (a) “Local governmental agency” means any municipality,
520 county, district, or authority, or any agency thereof, or a
521 combination of such acting jointly in connection with a project,
522 having jurisdiction over a water storage facility.
523 (b) “Water storage facility” or “facility” means all
524 facilities, including land, necessary for surface or underground
525 water storage. Such facilities may be publicly owned, privately
526 owned, investor-owned, or cooperatively held.
527 (3) The state through the department shall provide funding
528 assistance to local governments or water supply entities for the
529 development and construction of water storage facilities to
530 increase the availability of sufficient water for all existing
531 and future reasonable-beneficial uses and natural systems.
532 (a) The department may make loans, provide loan guarantees,
533 purchase loan insurance, and refinance local debt through the
534 issue of new loans for water storage facilities approved by the
535 department. Local governments or water supply entities may
536 borrow funds made available pursuant to this section and may
537 pledge any revenues or other adequate security available to them
538 to repay any funds borrowed.
539 (b) The department may award loan amounts for up to 75
540 percent of the costs of planning, designing, constructing,
541 upgrading, or replacing water resource infrastructure or
542 facilities, whether natural or man-made, including the
543 acquisition of real property for water storage facilities.
544 (4) The department shall adopt rules to carry out the
545 purposes of this section. Such rules shall:
546 (a) Set forth a priority system for loans based on
547 compliance with state requirements. The priority system shall
548 give special consideration to:
549 1. Projects that provide for the development of alternative
550 water supply projects and management techniques in areas where
551 existing source waters are limited or threatened by saltwater
552 intrusion, excessive drawdowns, contamination, or other
553 problems;
554 2. Projects that contribute to the sustainability of
555 regional water sources;
556 3. Projects that produce additional water available for
557 consumptive uses or natural systems;
558 4. Projects that diversify water supply so that the needs
559 of consumptive uses and the natural system are met during wet
560 and dry conditions; or
561 5. Projects that provide flexibility in addressing the
562 unpredictability of water conditions from water year to water
563 year.
564 (b) Establish the requirements for the award and repayment
565 of financial assistance.
566 (c) Require evidence of credit worthiness and adequate
567 security, including an identification of revenues to be pledged,
568 and documentation of their sufficiency for loan repayment and
569 pledged revenue coverage, to ensure that each loan recipient can
570 meet its loan repayment requirements.
571 (d) Require each project receiving financial assistance to
572 be cost-effective, environmentally sound, and implementable.
573 (e) Require each project to be self-supporting if the
574 project is primarily for the purpose of water supply for
575 consumptive use.
576 (5) Before approval of a loan, the local government or
577 water supply entity must, at a minimum, submit all of the
578 following to the department:
579 (a) A repayment schedule.
580 (b) Evidence of the permittability or implementability of
581 the facility proposed for financial assistance.
582 (c) Plans and specifications, biddable contract documents,
583 or other documentation of appropriate procurement of goods and
584 services.
585 (d) Provide assurance that records will be kept using
586 generally accepted accounting principles and that the department
587 or its agents and the Auditor General will have access to all
588 records pertaining to the loan.
589 (e) Document that the facility will be self-supporting, if
590 such facility is required to be self-supporting according to
591 paragraph (4)(e).
592 (f) Document that the water management district whose
593 boundaries in which the facility is planned has approved of such
594 facility. If the facility crosses jurisdictional boundaries,
595 approval from each applicable district must be provided to the
596 department.
597 (6) Recipients of financial assistance under this section
598 may receive disbursements based upon invoiced costs and are not
599 required to request advance payment pursuant to s. 216.181(16).
600 Proof of payment of invoiced costs must be submitted before or
601 concurrent with the recipient’s next disbursement request.
602 (7) The department and water management districts are
603 authorized to provide technical assistance to local governments
604 or water supply entities for water storage facilities funded
605 pursuant to this section.
606 (8) In order to ensure that public moneys are managed in an
607 equitable, prudent, and cost-effective manner, the total amount
608 of money loaned to any local government or water supply entity
609 during a fiscal year may not be more than 25 percent of the
610 total funds available for making loans during that year. The
611 minimum amount of a loan shall be $75,000. The term of loans
612 made pursuant to this section may not exceed 30 years.
613 (9) As part of the report required under s. 403.8532, the
614 department shall prepare a report at the end of each fiscal
615 year, detailing the financial assistance provided under this
616 section, service fees collected, interest earned, and loans
617 outstanding.
618 (10) The department may conduct an audit of the loan
619 project upon completion, or may require that a separate project
620 audit, prepared by an independent certified public accountant,
621 be submitted.
622 (11) The department may require reasonable service fees on
623 loans made to local governments or water supply entities to
624 ensure that the program will be operated in perpetuity and to
625 implement the purposes authorized under this section. Service
626 fees may not be less than 2 percent or greater than 4 percent of
627 the loan amount exclusive of the service fee. Service fee
628 revenues shall be deposited into the department’s Grants and
629 Donations Trust Fund. The fee revenues, and interest earnings
630 thereon, shall be used exclusively to carry out the purposes of
631 this section.
632 (12) The Water Protection and Sustainability Program Trust
633 Fund established under s. 403.891 shall be used to carry out the
634 purposes of this section. Any funds that are not needed on an
635 immediate basis for financial assistance shall be invested
636 pursuant to s. 215.49. State funds and investment earnings shall
637 be deposited into the fund. The principal and interest of all
638 loans repaid and investment earnings thereon shall be deposited
639 into the fund.
640 (13)(a) If a local governmental agency defaults under the
641 terms of its loan agreement, the department shall so certify to
642 the Chief Financial Officer, who shall forward the amount
643 delinquent to the department from any unobligated funds due to
644 the local governmental agency under any revenue-sharing or tax
645 sharing fund established by the state, except as otherwise
646 provided by the State Constitution. Certification of delinquency
647 does not limit the department from pursuing other remedies
648 available for default on a loan, including accelerating loan
649 repayments, eliminating all or part of the interest rate subsidy
650 on the loan, and court appointment of a receiver to manage the
651 public water system.
652 (b) If a water storage facility owned by a person other
653 than a local governmental agency defaults under the terms of its
654 loan agreement, the department may take all actions available
655 under law to remedy the default.
656 (c) The department may impose a penalty for delinquent loan
657 payments in the amount of 6 percent of the amount due, in
658 addition to charging the cost to handle and process the debt.
659 Penalty interest accrues on any amount due and payable beginning
660 on the 30th day following the date upon which payment is due.
661 (14) The department may terminate or rescind a financial
662 assistance agreement when the recipient fails to comply with the
663 terms and conditions of the agreement.
664 Section 8. Subsections (1) and (3) of section 375.041,
665 Florida Statutes, are amended to read:
666 375.041 Land Acquisition Trust Fund.—
667 (1) There is created a Land Acquisition Trust Fund within
668 the Department of Environmental Protection. The Land Acquisition
669 Trust Fund is designated by s. 28, Art. X of the State
670 Constitution for receipt of certain documentary stamp tax
671 revenue for the uses prescribed therein. The Land Acquisition
672 Trust Fund shall be held and administered by the department. The
673 Land Acquisition Trust Fund shall continue for as long as bonds
674 are outstanding pursuant to s. 215.613, s. 215.618, or s.
675 215.619, or any bonds secured on a parity basis with such bonds,
676 or until the requirement of s. 28, Art. X of the State
677 Constitution expires, whichever is later. All moneys deposited
678 into the Land Acquisition Trust Fund shall be trust funds for
679 the uses and purposes herein set forth, within the meaning of s.
680 215.32(1)(b); and such moneys shall not become or be commingled
681 with the General Revenue Fund of the state, as defined by s.
682 215.32(1)(a).
683 (3) Funds distributed into the Land Acquisition Trust Fund
684 pursuant to s. 201.15 shall be applied:
685 (a) First, to pay debt service or to fund debt service
686 reserve funds, rebate obligations, or other amounts payable with
687 respect to water resource protection and development bonds
688 issued under s. 215.613; pay debt service or to fund debt
689 service reserve funds, rebate obligations, or other amounts
690 payable with respect to Florida Forever bonds issued under s.
691 215.618; and pay debt service, provide reserves, and pay rebate
692 obligations and other amounts due with respect to Everglades
693 restoration bonds issued under s. 215.619; and
694 (b) Of the funds remaining after the payments required
695 under paragraph (a), but before funds may be appropriated,
696 pledged, or dedicated for other uses:
697 1. A minimum of the lesser of 25 percent or $200 million
698 shall be appropriated annually for Everglades projects that
699 implement the Comprehensive Everglades Restoration Plan as set
700 forth in s. 373.470, including the Central Everglades Planning
701 Project subject to Congressional authorization; the Long-Term
702 Plan as defined in s. 373.4592(2); and the Northern Everglades
703 and Estuaries Protection Program as set forth in s. 373.4595.
704 From these funds, $32 million shall be distributed each fiscal
705 year through the 2023-2024 fiscal year to the South Florida
706 Water Management District for the Long-Term Plan as defined in
707 s. 373.4592(2). After deducting the $32 million distributed
708 under this subparagraph, from the funds remaining, a minimum of
709 the lesser of 76.5 percent or $100 million shall be appropriated
710 each fiscal year through the 2025-2026 fiscal year for the
711 planning, design, engineering, and construction of the
712 Comprehensive Everglades Restoration Plan as set forth in s.
713 373.470, including the Central Everglades Planning Project, the
714 Everglades Agricultural Area Storage Reservoir Project, the Lake
715 Okeechobee Watershed Project, the C-43 West Basin Storage
716 Reservoir Project, the C-44 Reservoir Project, the Western
717 Everglades Restoration Project, the C-111 South-Dade Project,
718 and the Picayune Strand Restoration Project subject to
719 Congressional authorization. The Department of Environmental
720 Protection and the South Florida Water Management District shall
721 give preference to those Everglades restoration projects that
722 reduce harmful discharges of water from Lake Okeechobee to the
723 St. Lucie or Caloosahatchee estuaries in a timely manner. For
724 the purpose of performing the calculation provided in this
725 subparagraph, the amount of debt service paid pursuant to
726 paragraph (a) for bonds issued after July 1, 2016, for the
727 purposes set forth under paragraph (b) shall be added to the
728 amount remaining after the payments required under paragraph
729 (a). The amount of the distribution calculated shall then be
730 reduced by an amount equal to the debt service paid pursuant to
731 paragraph (a) on bonds issued after July 1, 2016, for the
732 purposes set forth under this subparagraph.
733 2. A minimum of the lesser of 7.6 percent or $50 million
734 shall be appropriated annually for spring restoration,
735 protection, and management projects. For the purpose of
736 performing the calculation provided in this subparagraph, the
737 amount of debt service paid pursuant to paragraph (a) for bonds
738 issued after July 1, 2016, for the purposes set forth under
739 paragraph (b) shall be added to the amount remaining after the
740 payments required under paragraph (a). The amount of the
741 distribution calculated shall then be reduced by an amount equal
742 to the debt service paid pursuant to paragraph (a) on bonds
743 issued after July 1, 2016, for the purposes set forth under this
744 subparagraph.
745 3. The sum of $5 million shall be appropriated annually
746 each fiscal year through the 2025-2026 fiscal year to the St.
747 Johns River Water Management District for projects dedicated to
748 the restoration of Lake Apopka. This distribution shall be
749 reduced by an amount equal to the debt service paid pursuant to
750 paragraph (a) on bonds issued after July 1, 2016, for the
751 purposes set forth in this subparagraph.
752 4. The sum of $35 million shall be appropriated annually to
753 the St. Johns River Water Management District for projects
754 dedicated to the restoration of the St. Johns River and its
755 tributaries or the Keystone Heights Lake Region. Such funds may
756 be used for land management and acquisition and for recreational
757 opportunity and public access improvements connected with these
758 areas. This distribution shall be reduced by an amount equal to
759 the debt service paid pursuant to paragraph (a) on bonds issued
760 after July 1, 2017, for the purposes set forth in this
761 subparagraph.
762 5. The sum of $2 million shall be appropriated annually to
763 the Department of Environmental Protection to be distributed in
764 accordance with the existing interlocal agreement among the
765 Village of Islamorada, the Key Largo Wastewater Treatment
766 District, the City of Marathon, the Monroe County/Florida Keys
767 Aqueduct Authority, the City of Key West, and Key Colony Beach,
768 to address water quality issues and for the purposes of
769 constructing sewage collection, treatment, and disposal
770 facilities; implementing stormwater collection and treatment
771 systems; canal restoration and muck remediation projects; and
772 projects that protect and enhance water supply in the Florida
773 Keys Area of Critical State Concern and the City of Key West
774 Area of Critical State Concern; or, for the purposes of land
775 acquisition within the Florida Keys Area of Critical Concern as
776 authorized pursuant to s. 259.045 with increased priority given
777 to those acquisitions that achieve a combination of conservation
778 goals, including protecting Florida’s water resources and
779 natural groundwater recharge. A local government requesting
780 disbursement pursuant to this appropriation shall provide the
781 Department of Environmental Protection with such documentation
782 as the department deems necessary to verify that the costs are
783 properly incurred and work has been performed.
784 6. A sum of $20 million shall be appropriated annually to
785 offset or partially offset property owner costs incurred to
786 retrofit onsite sewage treatment and disposal systems determined
787 by the Department of Environmental Protection to be individually
788 or collectively contributing excess nutrient pollution in the
789 counties contributing to the Indian River Lagoon, the St. Lucie
790 and Caloosahatchee estuaries, and their watersheds; to connect
791 properties with such onsite systems to central sewer systems; or
792 to conduct muck dredging and large-scale stormwater improvements
793 in counties contributing to the Indian River Lagoon, the St.
794 Lucie and Caloosahatchee estuaries, and their watersheds. The
795 Department of Environmental Protection is authorized to use the
796 appropriated funds to make grants or provide other forms of
797 financial assistance to local governments and other entities for
798 these purposes.
799 Section 9. Effective January 1, 2019, and contingent upon
800 the failure of the district or board to acquire land by November
801 30, 2018, pursuant to section 373.4598(3)(a) or (b), Florida
802 Statutes, subsection (3) of section 375.041, Florida Statutes,
803 as amended by this act, is amended to read:
804 375.041 Land Acquisition Trust Fund.—
805 (3) Funds distributed into the Land Acquisition Trust Fund
806 pursuant to s. 201.15 shall be applied:
807 (a) First, to pay debt service or to fund debt service
808 reserve funds, rebate obligations, or other amounts payable with
809 respect to water resource protection and development bonds
810 issued under s. 215.613; pay debt service or to fund debt
811 service reserve funds, rebate obligations, or other amounts
812 payable with respect to Florida Forever bonds issued under s.
813 215.618; and pay debt service, provide reserves, and pay rebate
814 obligations and other amounts due with respect to Everglades
815 restoration bonds issued under s. 215.619; and
816 (b) Of the funds remaining after the payments required
817 under paragraph (a), but before funds may be appropriated,
818 pledged, or dedicated for other uses:
819 1. A minimum of the lesser of 30 25 percent or $250 $200
820 million shall be appropriated annually for Everglades projects
821 that implement the Comprehensive Everglades Restoration Plan as
822 set forth in s. 373.470, including the Central Everglades
823 Planning Project subject to Congressional authorization; the
824 Long-Term Plan as defined in s. 373.4592(2); and the Northern
825 Everglades and Estuaries Protection Program as set forth in s.
826 373.4595. From these funds, $32 million shall be distributed
827 each fiscal year through the 2023-2024 fiscal year to the South
828 Florida Water Management District for the Long-Term Plan as
829 defined in s. 373.4592(2). After deducting the $32 million
830 distributed under this subparagraph, from the funds remaining, a
831 minimum of the lesser of 80 76.5 percent or $150 $100 million
832 shall be appropriated each fiscal year through the 2025-2026
833 fiscal year for the planning, design, engineering, and
834 construction of the Comprehensive Everglades Restoration Plan as
835 set forth in s. 373.470, including the Central Everglades
836 Planning Project, the Everglades Agricultural Area Storage
837 Reservoir Project, the Lake Okeechobee Watershed Project, the C
838 43 West Basin Storage Reservoir Project, the C-44 Reservoir
839 Project, the Western Everglades Restoration Project, the C-111
840 South-Dade Project, and the Picayune Strand Restoration Project.
841 The Department of Environmental Protection and the South Florida
842 Water Management District shall give preference to those
843 Everglades restoration projects that reduce harmful discharges
844 of water from Lake Okeechobee to the St. Lucie or Caloosahatchee
845 estuaries in a timely manner. For the purpose of performing the
846 calculation provided in this subparagraph, the amount of debt
847 service paid pursuant to paragraph (a) for bonds issued after
848 July 1, 2016, for the purposes set forth under paragraph (b)
849 shall be added to the amount remaining after the payments
850 required under paragraph (a). The amount of the distribution
851 calculated shall then be reduced by an amount equal to the debt
852 service paid pursuant to paragraph (a) on bonds issued after
853 July 1, 2016, for the purposes set forth under this
854 subparagraph.
855 2. A minimum of the lesser of 7.6 percent or $50 million
856 shall be appropriated annually for spring restoration,
857 protection, and management projects. For the purpose of
858 performing the calculation provided in this subparagraph, the
859 amount of debt service paid pursuant to paragraph (a) for bonds
860 issued after July 1, 2016, for the purposes set forth under
861 paragraph (b) shall be added to the amount remaining after the
862 payments required under paragraph (a). The amount of the
863 distribution calculated shall then be reduced by an amount equal
864 to the debt service paid pursuant to paragraph (a) on bonds
865 issued after July 1, 2016, for the purposes set forth under this
866 subparagraph.
867 3. The sum of $5 million shall be appropriated annually
868 each fiscal year through the 2025-2026 fiscal year to the St.
869 Johns River Water Management District for projects dedicated to
870 the restoration of Lake Apopka. This distribution shall be
871 reduced by an amount equal to the debt service paid pursuant to
872 paragraph (a) on bonds issued after July 1, 2016, for the
873 purposes set forth in this subparagraph.
874 4. The sum of $35 million shall be appropriated annually to
875 the St. Johns River Water Management District for projects
876 dedicated to the restoration of the St. Johns River and its
877 tributaries or the Keystone Heights Lake Region. Such funds may
878 be used for land management and acquisition and for recreational
879 opportunity and public access improvements connected with these
880 areas. This distribution shall be reduced by an amount equal to
881 the debt service paid pursuant to paragraph (a) on bonds issued
882 after July 1, 2017, for the purposes set forth in this
883 subparagraph.
884 5. The sum of $2 million shall be appropriated annually to
885 the Department of Environmental Protection to be distributed in
886 accordance with the existing interlocal agreement among the
887 Village of Islamorada, the Key Largo Wastewater Treatment
888 District, the City of Marathon, the Monroe County/Florida Keys
889 Aqueduct Authority, the City of Key West, and Key Colony Beach,
890 to address water quality issues and for the purposes of
891 constructing sewage collection, treatment, and disposal
892 facilities; implementing stormwater collection and treatment
893 systems; canal restoration and muck remediation projects; and
894 projects that protect and enhance water supply in the Florida
895 Keys Area of Critical State Concern and the City of Key West
896 Area of Critical State Concern; or, for the purposes of land
897 acquisition within the Florida Keys Area of Critical Concern as
898 authorized pursuant to s. 259.045 with increased priority given
899 to those acquisitions that achieve a combination of conservation
900 goals, including protecting Florida’s water resources and
901 natural groundwater recharge. A local government requesting
902 disbursement pursuant to this appropriation shall provide the
903 Department of Environmental Protection with such documentation
904 as the department deems necessary to verify that the costs are
905 properly incurred and work has been performed.
906 6. A sum of $20 million shall be appropriated annually to
907 offset or partially offset property owner costs incurred to
908 retrofit onsite sewage treatment and disposal systems determined
909 by the Department of Environmental Protection to be individually
910 or collectively contributing excess nutrient pollution in the
911 counties contributing to the Indian River Lagoon, the St. Lucie
912 and Caloosahatchee estuaries, and their watersheds; to connect
913 properties with such onsite systems to central sewer systems; or
914 to conduct muck dredging and large-scale stormwater improvements
915 in counties contributing to the Indian River Lagoon, the St.
916 Lucie and Caloosahatchee estuaries, and their watersheds. The
917 Department of Environmental Protection is authorized to use the
918 appropriated funds to make grants or provide other forms of
919 financial assistance to local governments and other entities for
920 these purposes.
921 Section 10. Section 403.0878, Florida Statutes, is created
922 to read:
923 403.0878 Water reuse grant program.—The department shall
924 establish a water reuse grant program. The department shall use
925 funds specifically appropriated to award grants under this
926 section to assist wastewater treatment facilities to expand the
927 facilities’ capacity to make reclaimed water available for
928 reuse.
929 (1) In accordance with rules adopted by the department
930 pursuant to this section, the department may provide grants,
931 from funds specifically appropriated for this purpose, to
932 wastewater facilities for up to 100 percent of the costs of
933 planning, designing, constructing, upgrading, or replacing
934 wastewater collection, transmission, and treatment designed to
935 expand the facility’s capacity to make reclaimed water available
936 for reuse.
937 (2) The department’s rules must:
938 (a) Require that projects to plan, design, construct,
939 upgrade, or replace wastewater collection, transmission,
940 treatment, and reuse facilities be cost-effective,
941 environmentally sound, permittable, and implementable.
942 (b) Require grant applications to be submitted on
943 appropriate forms with appropriate supporting documentation, and
944 require records to be maintained.
945 (c) Establish a system to determine eligibility of grant
946 applications.
947 (d) Establish a system to determine the relative priority
948 of grant applications. The system must consider public health
949 protection and water pollution abatement.
950 (e) Establish requirements for competitive procurement of
951 engineering and construction services, materials, and equipment.
952 (f) Provide for termination of grants when program
953 requirements are not met.
954 (3) The department must perform adequate overview of each
955 awarded grant, including technical review, regular inspections,
956 disbursement approvals, and auditing, to successfully implement
957 this section.
958 (4) The department may use up to 2 percent of the grant
959 funds made available each year for the costs of program
960 administration.
961 (5) Recipients of financial assistance under this section
962 may receive disbursements based upon invoiced costs and are not
963 required to request advance payment pursuant to s. 216.181(16).
964 Proof of payment of invoiced costs shall be submitted before or
965 concurrent with the recipient’s next disbursement request.
966 Section 11. The Legislature finds that sufficient water
967 availability is a paramount concern for existing and future
968 reasonable-beneficial uses and natural systems in this state.
969 The projected population of this state is estimated to exceed 25
970 million by the year 2040, and cooperative efforts between
971 municipalities, counties, utility companies, private landowners,
972 water consumers, water management districts, regional water
973 supply authorities, the Department of Environmental Protection,
974 and the Department of Agriculture and Consumer Services are
975 necessary in order to meet water needs in a manner that will
976 supply adequate and dependable supplies of water where needed
977 without causing adverse effects in the area from which water is
978 withdrawn. Water supply projects should employ all practical
979 means of obtaining water, including, but not limited to,
980 withdrawals of surface water and groundwater, reclaimed water,
981 and desalination, and properly implementing these projects will
982 require cooperation and well-coordinated activities. Therefore,
983 it is the policy of this state that projects to increase water
984 supply be planned on a regional basis.
985 Section 12. Present paragraph (f) of subsection (5) of
986 section 215.44, Florida Statutes, is redesignated as paragraph
987 (g), and a new paragraph (f) is added to that subsection, to
988 read:
989 215.44 Board of Administration; powers and duties in
990 relation to investment of trust funds.—
991 (5) On or before January 1 of each year, the board shall
992 provide to the Legislature a report including the following
993 items for each fund which, by law, has been entrusted to the
994 board for investment:
995 (f) A summary of the type and amount of potential water
996 supply investments that will have the effect of increasing water
997 supply in the state on a regional basis.
998 Section 13. Section 403.890, Florida Statutes, is amended
999 to read:
1000 403.890 Water Protection and Sustainability Program.—
1001 (1) Revenues deposited into or appropriated to the Water
1002 Protection and Sustainability Program Trust Fund shall be
1003 distributed by the Department of Environmental Protection for
1004 the following purposes in the following manner:
1005 (a) (1) Sixty-five percent to the Department of
1006 Environmental Protection for The implementation of an
1007 alternative water supply program as provided in s. 373.707.
1008 (b) The water storage facility revolving loan fund as
1009 provided in s. 373.478.
1010 (2) Revenues deposited into or appropriated to the Water
1011 Protection and Sustainability Program Trust Fund for purposes of
1012 the water storage facility revolving loan fund may only be used
1013 for such purposes.
1014 (2) Twenty-two and five-tenths percent for the
1015 implementation of best management practices and capital project
1016 expenditures necessary for the implementation of the goals of
1017 the total maximum daily load program established in s. 403.067.
1018 Of these funds, 83.33 percent shall be transferred to the credit
1019 of the Department of Environmental Protection Water Quality
1020 Assurance Trust Fund to address water quality impacts associated
1021 with nonagricultural nonpoint sources. Sixteen and sixty-seven
1022 hundredths percent of these funds shall be transferred to the
1023 Department of Agriculture and Consumer Services General
1024 Inspection Trust Fund to address water quality impacts
1025 associated with agricultural nonpoint sources. These funds shall
1026 be used for research, development, demonstration, and
1027 implementation of the total maximum daily load program under s.
1028 403.067, suitable best management practices or other measures
1029 used to achieve water quality standards in surface waters and
1030 water segments identified pursuant to s. 303(d) of the Clean
1031 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
1032 Implementation of best management practices and other measures
1033 may include cost-share grants, technical assistance,
1034 implementation tracking, and conservation leases or other
1035 agreements for water quality improvement. The Department of
1036 Environmental Protection and the Department of Agriculture and
1037 Consumer Services may adopt rules governing the distribution of
1038 funds for implementation of capital projects, best management
1039 practices, and other measures. These funds shall not be used to
1040 abrogate the financial responsibility of those point and
1041 nonpoint sources that have contributed to the degradation of
1042 water or land areas. Increased priority shall be given by the
1043 department and the water management district governing boards to
1044 those projects that have secured a cost-sharing agreement
1045 allocating responsibility for the cleanup of point and nonpoint
1046 sources.
1047 (3) Twelve and five-tenths percent to the Department of
1048 Environmental Protection for the Disadvantaged Small Community
1049 Wastewater Grant Program as provided in s. 403.1838.
1050 (3)(4) On June 30, 2009, and every 24 months thereafter,
1051 the Department of Environmental Protection shall request the
1052 return of all unencumbered funds distributed for the purposes of
1053 the alternative water supply program pursuant to this section.
1054 These funds shall be deposited into the Water Protection and
1055 Sustainability Program Trust Fund and redistributed for such
1056 purposes pursuant to the provisions of this section.
1057 Section 14. The South Florida Water Management District and
1058 the Board of Trustees of the Internal Improvement Trust Fund
1059 shall notify the Division of Law Revision and Information no
1060 later than December 1, 2018, whether they have acquired land
1061 pursuant to s. 373.4598, Florida Statutes.
1062 Section 15. The Division of Law Revision and Information is
1063 directed to replace the phrase “the effective date of this act”
1064 wherever it occurs in this act with the date the act becomes a
1065 law.
1066 Section 16. Contingent upon bonds being issued for the
1067 purposes of s. 373.4598, Florida Statutes, and if land is
1068 acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the
1069 sum of $64 million in recurring funds from the Land Acquisition
1070 Trust Fund is appropriated for the 2017-2018 fiscal year to pay
1071 debt service on bonds that implement this act and are issued
1072 pursuant to s. 215.613, Florida Statutes.
1073 Section 17. Contingent upon bonds being issued for the
1074 purposes of s. 373.4598, Florida Statutes, and if land is
1075 acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the
1076 sum of $36 million in recurring funds from the Land Acquisition
1077 Trust Fund is appropriated for the 2018-2019 fiscal year to pay
1078 debt service on bonds that implement this act and are issued
1079 pursuant to s. 215.613, Florida Statutes.
1080 Section 18. Contingent upon bonds being issued for the
1081 purposes of s. 373.4598, Florida Statutes, and if land is
1082 acquired pursuant to s. 373.4598(3)(b), Florida Statutes, the
1083 sum of $100 million in recurring funds from the Land Acquisition
1084 Trust Fund is appropriated for the 2018-2019 fiscal year to pay
1085 debt service on bonds that implement this act and are issued
1086 pursuant to s. 215.613, Florida Statutes.
1087 Section 19. Except as otherwise expressly provided in this
1088 act, this act shall take effect upon becoming a law.
1089
1090 ================= T I T L E A M E N D M E N T ================
1091 And the title is amended as follows:
1092 Delete everything before the enacting clause
1093 and insert:
1094 A bill to be entitled
1095 An act relating to water resources; providing a short
1096 title; amending s. 201.15, F.S.; requiring that the
1097 debt service on certain bonds be paid first from
1098 amounts on deposit in the Land Acquisition Trust Fund;
1099 creating s. 215.613, F.S.; authorizing water resource
1100 protection and development bonds to be issued;
1101 providing a cap on such bonds; establishing certain
1102 covenants with regard to such bonds; specifying that
1103 the bonds do not constitute a general obligation of,
1104 or a pledge of the full faith and credit of, the state
1105 and are secured on a parity basis with certain other
1106 bonds; requiring the Department of Environmental
1107 Protection to distribute bond proceeds through the
1108 Land Acquisition Trust Fund; prohibiting certain
1109 property transactions and uses that would have
1110 specified tax impacts; specifying certain validation
1111 requirements; amending s. 215.618, F.S.; reducing the
1112 bonding authority for Florida Forever bonds; creating
1113 s. 373.4598, F.S.; providing legislative findings and
1114 intent; defining terms; requiring the South Florida
1115 Water Management District to seek proposals from
1116 willing sellers of property within the Everglades
1117 Agricultural Area for land that is suitable for the
1118 reservoir project; clarifying that all appraisal
1119 reports, offers, and counteroffers are confidential
1120 and exempt from public records requirements; requiring
1121 the district to assign the Entire Option Property Non
1122 Exclusive Option of a specified agreement to the Board
1123 of Trustees of the Internal Improvement Trust Fund
1124 under certain circumstances; requiring the district to
1125 retain the agreement’s option under certain
1126 circumstances; requiring the board or the district, as
1127 applicable, to exercise the specified option by a
1128 certain date under certain circumstances; providing
1129 requirements for the Proposed Option Property Purchase
1130 Price; authorizing the disposal or exchange of certain
1131 land or interests in land for certain purposes;
1132 requiring the district to begin, seek permitting for,
1133 and construct the reservoir project under certain
1134 circumstances; requiring the district, in coordination
1135 with the United States Army Corps of Engineers, to
1136 begin the planning study for the reservoir project by
1137 a specified date under certain circumstances;
1138 requiring the district to identify specified lands
1139 under certain circumstances; providing requirements
1140 for the planning study; requiring the district, in
1141 coordination with the United States Army Corps of
1142 Engineers, to seek Congressional authorization for the
1143 reservoir project under certain circumstances;
1144 authorizing certain costs to be funded using water
1145 resource protection and development bond proceeds
1146 under certain circumstances; specifying how such bond
1147 proceeds shall be deposited; authorizing the use of
1148 state funds for the reservoir project; requiring the
1149 district to seek additional sources of funding;
1150 requiring the district to seek federal credits under
1151 certain circumstances; requiring the district to
1152 request the United States Army Corps of Engineers, in
1153 the Corps’ review of the regulation schedule, to
1154 consider any repairs to the Herbert Hoover Dike or
1155 increase in southern outlet capacity of Lake
1156 Okeechobee; creating s. 373.475, F.S.; providing
1157 legislative findings and intent; requiring the
1158 department to distribute certain bond proceeds for the
1159 purposes of financing water resource protection and
1160 development projects; requiring proceeds to be
1161 expended in a fiscally responsible manner; creating s.
1162 373.478, F.S.; providing legislative findings and
1163 intent; defining terms; requiring the state through
1164 the department to provide certain funding assistance
1165 to local governments and water supply entities for the
1166 development and construction of water storage
1167 facilities; requiring the department to adopt rules;
1168 specifying required documentation for local government
1169 or water supply entities; specifying that recipients
1170 need not request certain advance payment; authorizing
1171 technical assistance; specifying certain loan funding
1172 maximums, minimums, and term requirements; requiring a
1173 report; authorizing certain audits and servicing fees;
1174 providing that the Water Protection and Sustainability
1175 Program Trust Fund shall be used to carry out the
1176 purposes of the revolving loan fund; specifying
1177 certain default and compliance provisions; amending s.
1178 375.041, F.S.; requiring certain distributions to be
1179 made from the Land Acquisition Trust Fund; amending s.
1180 375.041, F.S.; contingently increasing the minimum
1181 annual funding for certain Everglades projects;
1182 creating s. 403.0878, F.S.; requiring the department
1183 to establish a water reuse grant program; providing
1184 requirements for such program; requiring the
1185 department to adopt rules; requiring certain review of
1186 grants; authorizing a certain percentage of grant
1187 funds to be used for program administration;
1188 specifying that recipients need not request certain
1189 advance payment; providing legislative findings;
1190 amending s. 215.44, F.S.; requiring the Board of
1191 Administration to include a summary of potential water
1192 supply investments in its annual report to the
1193 Legislature; amending s. 403.890, F.S.; revising the
1194 purposes for which distributions may be made from and
1195 to the Water Protection and Sustainability Program
1196 Trust Fund; requiring the district and the board to
1197 notify the Division of Law Revision and Information by
1198 a certain date of specified land acquisitions;
1199 providing a directive to the division; providing
1200 contingent appropriations; providing effective dates,
1201 one of which is contingent.