Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 10
Ì601444ÅÎ601444
576-02209-17
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on the Environment and Natural
Resources)
1 A bill to be entitled
2 An act relating to water resources; providing a short
3 title; amending s. 201.15, F.S.; requiring that the
4 debt service on certain bonds be paid first from
5 amounts on deposit in the Land Acquisition Trust Fund;
6 creating s. 215.613, F.S.; authorizing water resource
7 protection and development bonds to be issued;
8 providing a cap on such bonds; establishing certain
9 covenants with regard to such bonds; specifying that
10 the bonds do not constitute a general obligation of,
11 or a pledge of the full faith and credit of, the state
12 and are secured on a parity basis with certain other
13 bonds; requiring the Department of Environmental
14 Protection to distribute bond proceeds through the
15 Land Acquisition Trust Fund; prohibiting certain
16 property transactions and uses that would have
17 specified tax impacts; specifying certain validation
18 requirements; amending s. 215.618, F.S.; reducing the
19 bonding authority for Florida Forever bonds; creating
20 s. 373.4598, F.S.; providing legislative findings and
21 intent; defining terms; requiring the South Florida
22 Water Management District to seek proposals from
23 willing sellers of property within the Everglades
24 Agricultural Area for land that is suitable for the
25 reservoir project; clarifying that all appraisal
26 reports, offers, and counteroffers are confidential
27 and exempt from public records requirements; requiring
28 the district to assign the Entire Option Property Non
29 Exclusive Option of a specified agreement to the Board
30 of Trustees of the Internal Improvement Trust Fund
31 under certain circumstances; requiring the district to
32 retain the agreement’s option under certain
33 circumstances; requiring the board or the district, as
34 applicable, to exercise the specified option by a
35 certain date under certain circumstances; providing
36 requirements for the Proposed Option Property Purchase
37 Price; authorizing the disposal or exchange of certain
38 land or interests in land for certain purposes;
39 requiring the district to begin, seek permitting for,
40 and construct the reservoir project under certain
41 circumstances; requiring the district, in coordination
42 with the United States Army Corps of Engineers, to
43 begin the planning study for the reservoir project by
44 a specified date under certain circumstances;
45 requiring the district to identify specified lands
46 under certain circumstances; providing requirements
47 for the planning study; requiring the district, in
48 coordination with the United States Army Corps of
49 Engineers, to seek Congressional authorization for the
50 reservoir project under certain circumstances;
51 authorizing certain costs to be funded using water
52 resource protection and development bond proceeds
53 under certain circumstances; specifying how such bond
54 proceeds shall be deposited; authorizing the use of
55 state funds for the reservoir project; requiring the
56 district to seek additional sources of funding;
57 requiring the district to seek federal credits under
58 certain circumstances; requiring the district to
59 request the United States Army Corps of Engineers, in
60 the Corps’ review of the regulation schedule, to
61 consider any repairs to the Herbert Hoover Dike or
62 increase in southern outlet capacity of Lake
63 Okeechobee; creating s. 373.475, F.S.; providing
64 legislative findings and intent; requiring the
65 department to distribute certain bond proceeds for the
66 purposes of financing water resource protection and
67 development projects; requiring proceeds to be
68 expended in a fiscally responsible manner; creating s.
69 373.478, F.S.; providing legislative findings and
70 intent; defining terms; requiring the state through
71 the department to provide certain funding assistance
72 to local governments and water supply entities for the
73 development and construction of water storage
74 facilities; requiring the department to adopt rules;
75 specifying required documentation for local government
76 or water supply entities; specifying that recipients
77 need not request certain advance payment; authorizing
78 technical assistance; specifying certain loan funding
79 maximums, minimums, and term requirements; requiring a
80 report; authorizing certain audits and servicing fees;
81 providing that the Water Protection and Sustainability
82 Program Trust Fund shall be used to carry out the
83 purposes of the revolving loan fund; specifying
84 certain default and compliance provisions; amending s.
85 375.041, F.S.; requiring certain distributions to be
86 made from the Land Acquisition Trust Fund; amending s.
87 375.041, F.S.; contingently increasing the minimum
88 annual funding for certain Everglades projects;
89 creating s. 403.0878, F.S.; requiring the department
90 to establish a water reuse grant program; providing
91 requirements for such program; requiring the
92 department to adopt rules; requiring certain review of
93 grants; authorizing a certain percentage of grant
94 funds to be used for program administration;
95 specifying that recipients need not request certain
96 advance payment; providing legislative findings;
97 amending s. 215.44, F.S.; requiring the Board of
98 Administration to include a summary of potential water
99 supply investments in its annual report to the
100 Legislature; amending s. 403.890, F.S.; revising the
101 purposes for which distributions may be made from and
102 to the Water Protection and Sustainability Program
103 Trust Fund; requiring the district and the board to
104 notify the Division of Law Revision and Information by
105 a certain date of specified land acquisitions;
106 providing a directive to the division; providing
107 contingent appropriations; providing effective dates,
108 one of which is contingent.
109
110 Be It Enacted by the Legislature of the State of Florida:
111
112 Section 1. This act may be cited as the “Coast-to-Coast
113 Comprehensive Water Resources Program.”
114 Section 2. Section 201.15, Florida Statutes, is amended to
115 read:
116 201.15 Distribution of taxes collected.—All taxes collected
117 under this chapter are hereby pledged and shall be first made
118 available to make payments when due on bonds issued pursuant to
119 s. 215.613, s. 215.618, or s. 215.619, or any other bonds
120 authorized to be issued on a parity basis with such bonds. Such
121 pledge and availability for the payment of these bonds shall
122 have priority over any requirement for the payment of service
123 charges or costs of collection and enforcement under this
124 section. All taxes collected under this chapter, except taxes
125 distributed to the Land Acquisition Trust Fund pursuant to
126 subsections (1) and (2), are subject to the service charge
127 imposed in s. 215.20(1). Before distribution pursuant to this
128 section, the Department of Revenue shall deduct amounts
129 necessary to pay the costs of the collection and enforcement of
130 the tax levied by this chapter. The costs and service charge may
131 not be levied against any portion of taxes pledged to debt
132 service on bonds to the extent that the costs and service charge
133 are required to pay any amounts relating to the bonds. All of
134 the costs of the collection and enforcement of the tax levied by
135 this chapter and the service charge shall be available and
136 transferred to the extent necessary to pay debt service and any
137 other amounts payable with respect to bonds authorized before
138 January 1, 2017, secured by revenues distributed pursuant to
139 this section. All taxes remaining after deduction of costs shall
140 be distributed as follows:
141 (1) Amounts necessary to make payments on bonds issued
142 pursuant to s. 215.613, s. 215.618, or s. 215.619, as provided
143 under paragraphs (3)(a), and (b), and (c) or on any other bonds
144 authorized to be issued on a parity basis with such bonds shall
145 be deposited into the Land Acquisition Trust Fund.
146 (2) If the amounts deposited pursuant to subsection (1) are
147 less than 33 percent of all taxes collected after first
148 deducting the costs of collection, an amount equal to 33 percent
149 of all taxes collected after first deducting the costs of
150 collection, minus the amounts deposited pursuant to subsection
151 (1), shall be deposited into the Land Acquisition Trust Fund.
152 (3) Amounts on deposit in the Land Acquisition Trust Fund
153 shall be used in the following order:
154 (a) Payment of debt service or funding of debt service
155 reserve funds, rebate obligations, or other amounts payable with
156 respect to water resource protection and development bonds
157 issued pursuant to s. 215.613. The amount used for such purposes
158 may not exceed $300 million in each fiscal year.
159 (b)(a) Payment of debt service or funding of debt service
160 reserve funds, rebate obligations, or other amounts payable with
161 respect to Florida Forever bonds issued pursuant to s. 215.618.
162 The amount used for such purposes may not exceed $300 million in
163 each fiscal year. It is the intent of the Legislature that all
164 bonds issued to fund the Florida Forever Act be retired by
165 December 31, 2040. Except for bonds issued to refund previously
166 issued bonds, no series of bonds may be issued pursuant to this
167 paragraph unless such bonds are approved and the debt service
168 for the remainder of the fiscal year in which the bonds are
169 issued is specifically appropriated in the General
170 Appropriations Act.
171 (c)(b) Payment of debt service or funding of debt service
172 reserve funds, rebate obligations, or other amounts due with
173 respect to Everglades restoration bonds issued pursuant to s.
174 215.619. Taxes distributed under paragraph (a), paragraph (b),
175 and this paragraph must be collectively distributed on a pro
176 rata basis when the available moneys under this subsection are
177 not sufficient to cover the amounts required under paragraph
178 (a), paragraph (b), and this paragraph.
179
180 Bonds issued pursuant to s. 215.613, s. 215.618, or s. 215.619
181 are equally and ratably secured by moneys distributable to the
182 Land Acquisition Trust Fund.
183 (4) After the required distributions to the Land
184 Acquisition Trust Fund pursuant to subsections (1) and (2) and
185 deduction of the service charge imposed pursuant to s.
186 215.20(1), the remainder shall be distributed as follows:
187 (a) The lesser of 24.18442 percent of the remainder or
188 $541.75 million in each fiscal year shall be paid into the State
189 Treasury to the credit of the State Transportation Trust Fund.
190 Of such funds, $75 million for each fiscal year shall be
191 transferred to the State Economic Enhancement and Development
192 Trust Fund within the Department of Economic Opportunity.
193 Notwithstanding any other law, the remaining amount credited to
194 the State Transportation Trust Fund shall be used for:
195 1. Capital funding for the New Starts Transit Program,
196 authorized by Title 49, U.S.C. s. 5309 and specified in s.
197 341.051, in the amount of 10 percent of the funds;
198 2. The Small County Outreach Program specified in s.
199 339.2818, in the amount of 10 percent of the funds;
200 3. The Strategic Intermodal System specified in ss. 339.61,
201 339.62, 339.63, and 339.64, in the amount of 75 percent of the
202 funds after deduction of the payments required pursuant to
203 subparagraphs 1. and 2.; and
204 4. The Transportation Regional Incentive Program specified
205 in s. 339.2819, in the amount of 25 percent of the funds after
206 deduction of the payments required pursuant to subparagraphs 1.
207 and 2. The first $60 million of the funds allocated pursuant to
208 this subparagraph shall be allocated annually to the Florida
209 Rail Enterprise for the purposes established in s. 341.303(5).
210 (b) The lesser of 0.1456 percent of the remainder or $3.25
211 million in each fiscal year shall be paid into the State
212 Treasury to the credit of the Grants and Donations Trust Fund in
213 the Department of Economic Opportunity to fund technical
214 assistance to local governments.
215
216 Moneys distributed pursuant to paragraphs (a) and (b) may not be
217 pledged for debt service unless such pledge is approved by
218 referendum of the voters.
219 (c) Eleven and twenty-four hundredths percent of the
220 remainder in each fiscal year shall be paid into the State
221 Treasury to the credit of the State Housing Trust Fund. Of such
222 funds, the first $35 million shall be transferred annually,
223 subject to any distribution required under subsection (5), to
224 the State Economic Enhancement and Development Trust Fund within
225 the Department of Economic Opportunity. The remainder shall be
226 used as follows:
227 1. Half of that amount shall be used for the purposes for
228 which the State Housing Trust Fund was created and exists by
229 law.
230 2. Half of that amount shall be paid into the State
231 Treasury to the credit of the Local Government Housing Trust
232 Fund and used for the purposes for which the Local Government
233 Housing Trust Fund was created and exists by law.
234 (d) Twelve and ninety-three hundredths percent of the
235 remainder in each fiscal year shall be paid into the State
236 Treasury to the credit of the State Housing Trust Fund. Of such
237 funds, the first $40 million shall be transferred annually,
238 subject to any distribution required under subsection (5), to
239 the State Economic Enhancement and Development Trust Fund within
240 the Department of Economic Opportunity. The remainder shall be
241 used as follows:
242 1. Twelve and one-half percent of that amount shall be
243 deposited into the State Housing Trust Fund and expended by the
244 Department of Economic Opportunity and the Florida Housing
245 Finance Corporation for the purposes for which the State Housing
246 Trust Fund was created and exists by law.
247 2. Eighty-seven and one-half percent of that amount shall
248 be distributed to the Local Government Housing Trust Fund and
249 used for the purposes for which the Local Government Housing
250 Trust Fund was created and exists by law. Funds from this
251 category may also be used to provide for state and local
252 services to assist the homeless.
253 (e) The lesser of 0.017 percent of the remainder or
254 $300,000 in each fiscal year shall be paid into the State
255 Treasury to the credit of the General Inspection Trust Fund to
256 be used to fund oyster management and restoration programs as
257 provided in s. 379.362(3).
258 (5) Distributions to the State Housing Trust Fund pursuant
259 to paragraphs (4)(c) and (d) must be sufficient to cover amounts
260 required to be transferred to the Florida Affordable Housing
261 Guarantee Program’s annual debt service reserve and guarantee
262 fund pursuant to s. 420.5092(6)(a) and (b) up to the amount
263 required to be transferred to such reserve and fund based on the
264 percentage distribution of documentary stamp tax revenues to the
265 State Housing Trust Fund which is in effect in the 2004-2005
266 fiscal year.
267 (6) After the distributions provided in the preceding
268 subsections, any remaining taxes shall be paid into the State
269 Treasury to the credit of the General Revenue Fund.
270 Section 3. Section 215.613, Florida Statutes, is created to
271 read:
272 215.613 Bonds for water resource protection and
273 development.—
274 (1) The issuance of water resource protection and
275 development bonds, not to exceed $3.3 billion, to finance or
276 refinance the cost of acquisition and improvement of land, water
277 areas, or related property interests for the purposes of water
278 resource protection and development, and for capital
279 improvements to land or water areas which facilitate water
280 resource protection and development is authorized, subject to s.
281 373.475 and pursuant to s. 11(e), Art. VII of the State
282 Constitution. The $3.3 billion limitation on the issuance of
283 water resource protection and development bonds does not apply
284 to refunding bonds. The duration of each series of bonds issued
285 may not exceed 20 annual maturities. No more than 58.25 percent
286 of documentary stamp taxes collected may be taken into account
287 for the purpose of satisfying an additional bonds test set forth
288 in any authorizing resolution for bonds issued on or after July
289 1, 2017.
290 (2) The state covenants with the holders of water resource
291 protection and development bonds that it will not take any
292 action that will materially and adversely affect the rights of
293 such holders so long as such bonds are outstanding, including,
294 but not limited to, a reduction in the portion of documentary
295 stamp taxes distributable to the Land Acquisition Trust Fund for
296 payment of debt service on water resource protection and
297 development bonds.
298 (3) In accordance with s. 28, Art. X of the State
299 Constitution, bonds issued pursuant to this section are payable
300 from taxes distributable to the Land Acquisition Trust Fund
301 pursuant to s. 201.15. Bonds issued pursuant to this section do
302 not constitute a general obligation of, or a pledge of the full
303 faith and credit of, the state. Water resource protection and
304 development bonds are secured on a parity basis with Florida
305 Forever bonds issued pursuant to s. 215.618 and Everglades
306 restoration bonds issued pursuant to s. 215.619.
307 (4) The Department of Environmental Protection shall
308 request the Division of Bond Finance of the State Board of
309 Administration to issue the bonds authorized by this section.
310 The Division of Bond Finance shall issue such bonds pursuant to
311 the State Bond Act.
312 (5) The proceeds from the sale of bonds issued pursuant to
313 this section, less the costs of issuance, the costs of funding
314 reserve accounts, and other costs with respect to the bonds,
315 shall be deposited into the Land Acquisition Trust Fund. The
316 bond proceeds deposited into the Land Acquisition Trust Fund
317 shall be distributed by the Department of Environmental
318 Protection as provided in s. 373.475.
319 (6) There may not be any sale, disposition, lease,
320 easement, license, or other use of any land, water areas, or
321 related property interests acquired or improved with proceeds of
322 water resource protection and development bonds which would
323 cause all or any portion of the interest of such bonds to lose
324 the exclusion from gross income for federal income tax purposes.
325 (7) The initial series of water resource protection and
326 development bonds shall be validated in addition to any other
327 bonds required to be validated pursuant to s. 215.82. Any
328 complaint for validation of bonds issued pursuant to this
329 section shall be filed only in the circuit court of the county
330 where the seat of state government is situated, the notice
331 required to be published by s. 75.06 shall be published only in
332 the county where the complaint is filed, and the complaint and
333 order of the circuit court shall be served only on the state
334 attorney of the circuit in which the action is pending.
335 Section 4. Paragraph (a) of subsection (1) of section
336 215.618, Florida Statutes, is amended to read:
337 215.618 Bonds for acquisition and improvement of land,
338 water areas, and related property interests and resources.—
339 (1)(a) The issuance of Florida Forever bonds, not to exceed
340 $2 billion $5.3 billion, to finance or refinance the cost of
341 acquisition and improvement of land, water areas, and related
342 property interests and resources, in urban and rural settings,
343 for the purposes of restoration, conservation, recreation, water
344 resource development, or historical preservation, and for
345 capital improvements to lands and water areas that accomplish
346 environmental restoration, enhance public access and
347 recreational enjoyment, promote long-term management goals, and
348 facilitate water resource development is hereby authorized,
349 subject to s. 259.105 and pursuant to s. 11(e), Art. VII of the
350 State Constitution and, on or after July 1, 2015, to also
351 finance or refinance the acquisition and improvement of land,
352 water areas, and related property interests as provided in s.
353 28, Art. X of the State Constitution. The $2 billion $5.3
354 billion limitation on the issuance of Florida Forever bonds does
355 not apply to refunding bonds. The duration of each series of
356 Florida Forever bonds issued may not exceed 20 annual
357 maturities. Not more than 58.25 percent of documentary stamp
358 taxes collected may be taken into account for the purpose of
359 satisfying an additional bonds test set forth in any authorizing
360 resolution for bonds issued on or after July 1, 2015.
361 Section 5. Section 373.4598, Florida Statutes, is created
362 to read:
363 373.4598 Reservoir project in the Everglades Agricultural
364 Area.—
365 (1) LEGISLATIVE FINDINGS AND INTENT.—
366 (a) The Legislature declares that an emergency exists
367 regarding the St. Lucie and Caloosahatchee estuaries due to the
368 harmful freshwater discharges east and west of the lake. Such
369 discharges have manifested in widespread algae blooms, public
370 health impacts, and extensive environmental harm to wildlife and
371 the aquatic ecosystem. These conditions threaten the ecological
372 integrity of the estuaries and the economic viability of the
373 state and affected communities.
374 (b) The Legislature finds that the acquisition of
375 strategically located lands south of the lake and the
376 construction of the reservoir project will increase the
377 availability of water storage and reduce the harmful freshwater
378 discharges. Additionally, water storage south of the lake will
379 increase the availability of water for the Everglades and to
380 meet irrigation demands for the Everglades Agricultural Area;
381 restore the hydrological connection to the Everglades; and
382 provide flood protection by reducing, through additional storage
383 capacity, some of the demands on the Herbert Hoover Dike.
384 (c) The Legislature recognizes that the reservoir project
385 is authorized in the Water Resources Development Act of 2000 as
386 a project component of CERP. Unless other funding is available,
387 the Legislature directs the district in implementation of the
388 reservoir project to abide by applicable state and federal law
389 in order to do that which is required to obtain federal credit
390 under the CERP. If the district implements the reservoir project
391 as a project component as defined in s. 373.1501, the district
392 must abide by all applicable state and federal law relating to
393 such projects.
394 (d) The Legislature finds that the rate of funding for the
395 CERP must be increased if restoration will be achieved within
396 the timeframes originally envisioned and that the delay in
397 substantial progress toward completing critical elements of
398 restoration, such as southern storage, will cause irreparable
399 harm to natural systems and ultimately increase the cost of
400 restoration. A substantial commitment to the advancement of
401 projects identified as part of the CERP will reduce ongoing
402 ecological damage to the St. Lucie and Caloosahatchee estuaries.
403 (e) This section is not intended to diminish the
404 commitments made by the state in chapter 2016-201, Laws of
405 Florida.
406 (2) DEFINITIONS.—As used in this section, the term:
407 (a) “Agreement” means the Second Amended and Restated
408 Agreement for Sale and Purchase between the United States Sugar
409 Corporation, SBG Farms, Inc., Southern Garden Groves
410 Corporation, and the South Florida Water Management District,
411 dated August 12, 2010.
412 (b) “Board” means the Board of Trustees of the Internal
413 Improvement Trust Fund.
414 (c) “Comprehensive Everglades Restoration Plan” or “CERP”
415 has the same meaning as the term “comprehensive plan” as defined
416 in s. 373.470.
417 (d) “District” means the South Florida Water Management
418 District.
419 (e) “Everglades Agricultural Area” or “EAA” has the same
420 meaning as defined in s. 373.4592.
421 (f) “Lake” means Lake Okeechobee.
422 (g) “Reservoir project” means a project to construct one or
423 two above-ground reservoirs that have a total water storage
424 capacity of approximately 360,000 acre-feet and are located in
425 the EAA.
426 (3) LAND ACQUISITION.—The Legislature declares that
427 acquiring land for the reservoir project is in the public
428 interest and that the governing board of the district and the
429 board may acquire fee title for the purpose of implementing the
430 reservoir project. However, the district may not exercise
431 eminent domain for the purpose of implementing the reservoir
432 project.
433 (a) Upon the effective date of this act, the district shall
434 seek proposals from willing sellers of property within the
435 Everglades Agricultural Area in order to acquire approximately
436 60,000 acres of land that is suitable for the reservoir project.
437 All appraisal reports, offers, and counteroffers are
438 confidential and exempt from s. 119.07(1), as provided in s.
439 373.139.
440 (b) If the district does not acquire land pursuant to
441 paragraph (a) by December 31, 2017:
442 1. The district must assign, by January 31, 2018, the
443 agreement’s Entire Option Property Non-Exclusive Option to the
444 board, as authorized in, and in accordance with, the agreement.
445 If, for any reason, the Seller, as defined in the agreement,
446 does not find the assignment to be reasonably acceptable in form
447 and substance, the district must retain the Entire Option
448 Property Non-Exclusive Option;
449 2. The board or the district, whichever holds the option,
450 must, by March 1, 2018, exercise the option in accordance with
451 the agreement. The Buyer’s Proposed Option Property Purchase
452 Price, as specified in the agreement, may not be less than the
453 average of $7,400 per acre, unless the maximum offer allowed by
454 law is less than the average of $7,400 per acre; and
455 3. The board or the district, if applicable, may dispose of
456 or exchange any land or lease interest in the land that is
457 acquired pursuant to this paragraph in order to achieve optimal
458 siting for the reservoir project or to dispose of land that is
459 not necessary for the reservoir project. Any such exchange or
460 disposition may not be in violation of the agreement.
461 (4) DESIGN, PERMITTING, AND CONSTRUCTION.—If the district
462 finds willing sellers of property pursuant to paragraph (3)(a),
463 the district:
464 (a) Once the land has been agreed upon for purchase, must
465 immediately begin the reservoir project with the goal of
466 providing adequate water storage and conveyance south of the
467 lake to reduce the volume of regulatory discharges of water from
468 the lake to the east and west;
469 (b) Once the land is acquired, must expeditiously pursue
470 necessary permitting and begin implementation and construction
471 of the reservoir project as soon as practicable; and
472 (c) The district shall give preferential consideration to
473 the hiring of agricultural workers displaced as a result of the
474 reservoir project, consistent with their qualifications and
475 abilities, for the construction and operation of the reservoir
476 project.
477 (5) PLANNING STUDY.—
478 (a) If land is acquired pursuant to paragraph (3)(a) and
479 other funding is not available, the district must, in
480 coordination with the United States Army Corps of Engineers,
481 begin the planning study for the reservoir project by March 1,
482 2018.
483 (b) If land is not acquired pursuant to paragraph (3)(a) by
484 December 31, 2017, the district must, in coordination with the
485 United States Army Corps of Engineers, begin the planning study
486 for the reservoir project by October 1, 2019.
487 1. If land is acquired pursuant to paragraph (3)(b), the
488 district must identify which of the acquired land is suitable
489 for the reservoir project.
490 2. If land is not acquired pursuant to paragraph (3)(b),
491 the district must identify land that is suitable for the
492 reservoir project and the best option for securing such land.
493 (c) The district, when developing the planning study, must
494 focus on the goal of the reservoir project, which is to provide
495 adequate water storage and conveyance south of the lake to
496 reduce the volume of regulatory discharges of water from the
497 lake to the east and west.
498 (d) Upon completion of the planning study and the
499 finalization of the project implementation report, as defined in
500 s. 373.470, the district, in coordination with the United States
501 Army Corps of Engineers, shall seek Congressional authorization
502 for the reservoir project.
503 (6) FUNDING.—
504 (a) Pursuant to s. 11(e), Art. VII of the State
505 Constitution, up to $1.2 billion in state bonds are authorized
506 under this section to finance or refinance the acquisition and
507 improvement of land, water areas, and related property interests
508 and resources for the purposes of conservation, outdoor
509 recreation, water resource protection and development,
510 restoration of natural systems, and historic preservation.
511 (b) Any cost related to this section, including, but not
512 limited to, the costs for land acquisition, planning,
513 construction, and operation and maintenance, may be funded using
514 proceeds from water resource protection and development bonds
515 issued under s. 215.613.
516 (c) The Legislature determines that the authorization and
517 issuance of such bonds is in the best interest of the state and
518 determines that the reservoir project should be implemented.
519 (d) Notwithstanding any other provision of law, proceeds
520 from the sale of such bonds, less the costs of issuance, the
521 costs of funding reserve accounts, and other costs with respect
522 to the bonds, shall be distributed in the following manner:
523 1. If land is to be acquired pursuant to paragraph (3)(a),
524 the amount of up to $800 million in bond proceeds in the 2017
525 2018 fiscal year to the Land Acquisition Trust Fund for the
526 purposes of this section, and the amount of up to $400 million
527 in bond proceeds in the 2018-2019 fiscal year to the Land
528 Acquisition Trust Fund for the purposes of this section; or
529 2. If land is to be acquired pursuant to paragraph (3)(b),
530 the amount of up to $1.2 billion in bond proceeds in the 2018
531 2019 fiscal year to the Board of Trustees of the Internal
532 Improvement Trust Fund, or the Land Acquisition Trust Fund, if
533 applicable, to be used for the purposes of this section.
534 (e) Notwithstanding s. 373.026(8)(b) or any other provision
535 of law, the use of state funds is authorized for the reservoir
536 project.
537 (f) The district shall actively seek additional sources of
538 funding, including federal funding, for the reservoir project.
539 (g) If the reservoir project receives Congressional
540 authorization, the district must seek applicable federal credits
541 toward the state’s share of funding the land acquisition and
542 implementation of the reservoir project.
543 (7) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district shall
544 request that the United States Army Corps of Engineers pursue
545 the reevaluation of the Lake Okeechobee Regulation Schedule as
546 expeditiously as possible taking into consideration the repairs
547 made to the Herbert Hoover Dike and any increase in outlet
548 capacity south of the lake which offsets the harmful freshwater
549 discharges to the St. Lucie and Caloosahatchee estuaries.
550 Section 6. Section 373.475, Florida Statutes, is created to
551 read:
552 373.475 Water resource protection and development
553 financing.—
554 (1) The Legislature finds and declares that:
555 (a) The continued alteration and development of the state’s
556 natural and rural areas to accommodate the state’s growing
557 population has contributed to the degradation of water
558 resources.
559 (b) The state’s groundwater, surface waters, and springs
560 are under tremendous pressure due to population growth and
561 economic expansion and require special protection and
562 restoration efforts, including the protection of uplands and
563 springsheds that provide vital recharge to aquifer systems and
564 are critical to the protection of water quality and water
565 quantity of the aquifers and springs.
566 (c) To ensure that sufficient quantities of water are
567 available to meet the current and future needs of the natural
568 systems and citizens of the state and to help achieve the
569 overall goals of the department and the water management
570 districts, water resource protection and development projects
571 and capital improvements to land or water areas that facilitate
572 water resource protection and development are necessary.
573 (d) Many of the state’s unique ecosystems, such as the
574 Everglades, are facing ecological collapse due to the state’s
575 burgeoning population growth and economic activities. To
576 preserve these valuable ecosystems for future generations,
577 essential parcels of land must be acquired and improvements to
578 such lands must be made to facilitate ecosystem restoration.
579 (e) The Legislature recognizes that the acquisition of
580 lands in fee simple is only one way to achieve water resource
581 goals. The Legislature encourages the use of alternatives to fee
582 simple acquisition techniques and the development of
583 partnerships between governmental agencies and private
584 landowners.
585 (f) There is a need to change the focus and direction of
586 the state’s major land acquisition programs and to shift funding
587 and bonding capabilities from land acquisition for conservation
588 purposes towards land acquisition and improvements to land and
589 water areas to protect, restore, and develop water resources.
590 (g) Water resource protection and development projects are
591 necessary to secure water resources to meet current and future
592 water demands.
593 (2) The department shall distribute bond proceeds from the
594 Land Acquisition Trust Fund for the purposes of financing water
595 resource protection and development projects, including projects
596 pursuant to s. 373.4598.
597 (3) Water resource protection and development bond proceeds
598 shall be expended in a fiscally responsible manner. Any agency
599 that receives bond proceeds pursuant to this section may not
600 maintain a balance of unencumbered funds in its water resource
601 protection and development subaccount beyond 3 fiscal years from
602 the date of deposit of funds from each bond issue. All funds
603 that have not been expended or encumbered after 3 fiscal years
604 from the date of deposit shall be distributed by the Legislature
605 during its next regular session for use in the water resource
606 protection and development program.
607 Section 7. Section 373.478, Florida Statutes, is created to
608 read:
609 373.478 Water storage facility revolving loan fund.—
610 (1)(a) In recognition that waters of the state are among
611 the state’s most basic resources, the Legislature declares that
612 such waters should be managed to conserve and protect water
613 resources and to realize the full beneficial use of such
614 resources.
615 (b) As natural storage within the system has been lost due
616 to development, the Legislature finds that additional water
617 storage, natural or man-made, is necessary to capture water and
618 prevent water from being discharged to tide or otherwise lost to
619 protect the waters of the state.
620 (c) The Legislature finds that establishing infrastructure
621 financing and providing technical assistance to local
622 governments or water supply entities for water storage
623 facilities is necessary to conserve and protect the waters of
624 the state.
625 (2) For purposes of this section, the term:
626 (a) “Local governmental agency” means any municipality,
627 county, district, or authority, or any agency thereof, or a
628 combination of such acting jointly in connection with a project,
629 having jurisdiction over a water storage facility.
630 (b) “Water storage facility” or “facility” means all
631 facilities, including land, necessary for surface or underground
632 water storage. Such facilities may be publicly owned, privately
633 owned, investor-owned, or cooperatively held.
634 (3) The state through the department shall provide funding
635 assistance to local governments or water supply entities for the
636 development and construction of water storage facilities to
637 increase the availability of sufficient water for all existing
638 and future reasonable-beneficial uses and natural systems.
639 (a) The department may make loans, provide loan guarantees,
640 purchase loan insurance, and refinance local debt through the
641 issue of new loans for water storage facilities approved by the
642 department. Local governments or water supply entities may
643 borrow funds made available pursuant to this section and may
644 pledge any revenues or other adequate security available to them
645 to repay any funds borrowed.
646 (b) The department may award loan amounts for up to 75
647 percent of the costs of planning, designing, constructing,
648 upgrading, or replacing water resource infrastructure or
649 facilities, whether natural or man-made, including the
650 acquisition of real property for water storage facilities.
651 (4) The department shall adopt rules to carry out the
652 purposes of this section. Such rules shall:
653 (a) Set forth a priority system for loans based on
654 compliance with state requirements. The priority system shall
655 give special consideration to:
656 1. Projects that provide for the development of alternative
657 water supply projects and management techniques in areas where
658 existing source waters are limited or threatened by saltwater
659 intrusion, excessive drawdowns, contamination, or other
660 problems;
661 2. Projects that contribute to the sustainability of
662 regional water sources;
663 3. Projects that produce additional water available for
664 consumptive uses or natural systems;
665 4. Projects that diversify water supply so that the needs
666 of consumptive uses and the natural system are met during wet
667 and dry conditions; or
668 5. Projects that provide flexibility in addressing the
669 unpredictability of water conditions from water year to water
670 year.
671 (b) Establish the requirements for the award and repayment
672 of financial assistance.
673 (c) Require evidence of credit worthiness and adequate
674 security, including an identification of revenues to be pledged,
675 and documentation of their sufficiency for loan repayment and
676 pledged revenue coverage, to ensure that each loan recipient can
677 meet its loan repayment requirements.
678 (d) Require each project receiving financial assistance to
679 be cost-effective, environmentally sound, and implementable.
680 (e) Require each project to be self-supporting if the
681 project is primarily for the purpose of water supply for
682 consumptive use.
683 (5) Before approval of a loan, the local government or
684 water supply entity must, at a minimum, submit all of the
685 following to the department:
686 (a) A repayment schedule.
687 (b) Evidence of the permittability or implementability of
688 the facility proposed for financial assistance.
689 (c) Plans and specifications, biddable contract documents,
690 or other documentation of appropriate procurement of goods and
691 services.
692 (d) Provide assurance that records will be kept using
693 generally accepted accounting principles and that the department
694 or its agents and the Auditor General will have access to all
695 records pertaining to the loan.
696 (e) Document that the facility will be self-supporting, if
697 such facility is required to be self-supporting according to
698 paragraph (4)(e).
699 (f) Document that the water management district whose
700 boundaries in which the facility is planned has approved of such
701 facility. If the facility crosses jurisdictional boundaries,
702 approval from each applicable district must be provided to the
703 department.
704 (6) Recipients of financial assistance under this section
705 may receive disbursements based upon invoiced costs and are not
706 required to request advance payment pursuant to s. 216.181(16).
707 Proof of payment of invoiced costs must be submitted before or
708 concurrent with the recipient’s next disbursement request.
709 (7) The department and water management districts are
710 authorized to provide technical assistance to local governments
711 or water supply entities for water storage facilities funded
712 pursuant to this section.
713 (8) In order to ensure that public moneys are managed in an
714 equitable, prudent, and cost-effective manner, the total amount
715 of money loaned to any local government or water supply entity
716 during a fiscal year may not be more than 25 percent of the
717 total funds available for making loans during that year. The
718 minimum amount of a loan shall be $75,000. The term of loans
719 made pursuant to this section may not exceed 30 years.
720 (9) As part of the report required under s. 403.8532, the
721 department shall prepare a report at the end of each fiscal
722 year, detailing the financial assistance provided under this
723 section, service fees collected, interest earned, and loans
724 outstanding.
725 (10) The department may conduct an audit of the loan
726 project upon completion, or may require that a separate project
727 audit, prepared by an independent certified public accountant,
728 be submitted.
729 (11) The department may require reasonable service fees on
730 loans made to local governments or water supply entities to
731 ensure that the program will be operated in perpetuity and to
732 implement the purposes authorized under this section. Service
733 fees may not be less than 2 percent or greater than 4 percent of
734 the loan amount exclusive of the service fee. Service fee
735 revenues shall be deposited into the department’s Grants and
736 Donations Trust Fund. The fee revenues, and interest earnings
737 thereon, shall be used exclusively to carry out the purposes of
738 this section.
739 (12) The Water Protection and Sustainability Program Trust
740 Fund established under s. 403.891 shall be used to carry out the
741 purposes of this section. Any funds that are not needed on an
742 immediate basis for financial assistance shall be invested
743 pursuant to s. 215.49. State funds and investment earnings shall
744 be deposited into the fund. The principal and interest of all
745 loans repaid and investment earnings thereon shall be deposited
746 into the fund.
747 (13)(a) If a local governmental agency defaults under the
748 terms of its loan agreement, the department shall so certify to
749 the Chief Financial Officer, who shall forward the amount
750 delinquent to the department from any unobligated funds due to
751 the local governmental agency under any revenue-sharing or tax
752 sharing fund established by the state, except as otherwise
753 provided by the State Constitution. Certification of delinquency
754 does not limit the department from pursuing other remedies
755 available for default on a loan, including accelerating loan
756 repayments, eliminating all or part of the interest rate subsidy
757 on the loan, and court appointment of a receiver to manage the
758 public water system.
759 (b) If a water storage facility owned by a person other
760 than a local governmental agency defaults under the terms of its
761 loan agreement, the department may take all actions available
762 under law to remedy the default.
763 (c) The department may impose a penalty for delinquent loan
764 payments in the amount of 6 percent of the amount due, in
765 addition to charging the cost to handle and process the debt.
766 Penalty interest accrues on any amount due and payable beginning
767 on the 30th day following the date upon which payment is due.
768 (14) The department may terminate or rescind a financial
769 assistance agreement when the recipient fails to comply with the
770 terms and conditions of the agreement.
771 Section 8. Subsections (1) and (3) of section 375.041,
772 Florida Statutes, are amended to read:
773 375.041 Land Acquisition Trust Fund.—
774 (1) There is created a Land Acquisition Trust Fund within
775 the Department of Environmental Protection. The Land Acquisition
776 Trust Fund is designated by s. 28, Art. X of the State
777 Constitution for receipt of certain documentary stamp tax
778 revenue for the uses prescribed therein. The Land Acquisition
779 Trust Fund shall be held and administered by the department. The
780 Land Acquisition Trust Fund shall continue for as long as bonds
781 are outstanding pursuant to s. 215.613, s. 215.618, or s.
782 215.619, or any bonds secured on a parity basis with such bonds,
783 or until the requirement of s. 28, Art. X of the State
784 Constitution expires, whichever is later. All moneys deposited
785 into the Land Acquisition Trust Fund shall be trust funds for
786 the uses and purposes herein set forth, within the meaning of s.
787 215.32(1)(b); and such moneys shall not become or be commingled
788 with the General Revenue Fund of the state, as defined by s.
789 215.32(1)(a).
790 (3) Funds distributed into the Land Acquisition Trust Fund
791 pursuant to s. 201.15 shall be applied:
792 (a) First, to pay debt service or to fund debt service
793 reserve funds, rebate obligations, or other amounts payable with
794 respect to water resource protection and development bonds
795 issued under s. 215.613; pay debt service or to fund debt
796 service reserve funds, rebate obligations, or other amounts
797 payable with respect to Florida Forever bonds issued under s.
798 215.618; and pay debt service, provide reserves, and pay rebate
799 obligations and other amounts due with respect to Everglades
800 restoration bonds issued under s. 215.619; and
801 (b) Of the funds remaining after the payments required
802 under paragraph (a), but before funds may be appropriated,
803 pledged, or dedicated for other uses:
804 1. A minimum of the lesser of 25 percent or $200 million
805 shall be appropriated annually for Everglades projects that
806 implement the Comprehensive Everglades Restoration Plan as set
807 forth in s. 373.470, including the Central Everglades Planning
808 Project subject to Congressional authorization; the Long-Term
809 Plan as defined in s. 373.4592(2); and the Northern Everglades
810 and Estuaries Protection Program as set forth in s. 373.4595.
811 From these funds, $32 million shall be distributed each fiscal
812 year through the 2023-2024 fiscal year to the South Florida
813 Water Management District for the Long-Term Plan as defined in
814 s. 373.4592(2). After deducting the $32 million distributed
815 under this subparagraph, from the funds remaining, a minimum of
816 the lesser of 76.5 percent or $100 million shall be appropriated
817 each fiscal year through the 2025-2026 fiscal year for the
818 planning, design, engineering, and construction of the
819 Comprehensive Everglades Restoration Plan as set forth in s.
820 373.470, including the Central Everglades Planning Project, the
821 Everglades Agricultural Area Storage Reservoir Project, the Lake
822 Okeechobee Watershed Project, the C-43 West Basin Storage
823 Reservoir Project, the C-44 Reservoir Project, the Western
824 Everglades Restoration Project, the C-111 South-Dade Project,
825 and the Picayune Strand Restoration Project subject to
826 Congressional authorization. The Department of Environmental
827 Protection and the South Florida Water Management District shall
828 give preference to those Everglades restoration projects that
829 reduce harmful discharges of water from Lake Okeechobee to the
830 St. Lucie or Caloosahatchee estuaries in a timely manner. For
831 the purpose of performing the calculation provided in this
832 subparagraph, the amount of debt service paid pursuant to
833 paragraph (a) for bonds issued after July 1, 2016, for the
834 purposes set forth under paragraph (b) shall be added to the
835 amount remaining after the payments required under paragraph
836 (a). The amount of the distribution calculated shall then be
837 reduced by an amount equal to the debt service paid pursuant to
838 paragraph (a) on bonds issued after July 1, 2016, for the
839 purposes set forth under this subparagraph.
840 2. A minimum of the lesser of 7.6 percent or $50 million
841 shall be appropriated annually for spring restoration,
842 protection, and management projects. For the purpose of
843 performing the calculation provided in this subparagraph, the
844 amount of debt service paid pursuant to paragraph (a) for bonds
845 issued after July 1, 2016, for the purposes set forth under
846 paragraph (b) shall be added to the amount remaining after the
847 payments required under paragraph (a). The amount of the
848 distribution calculated shall then be reduced by an amount equal
849 to the debt service paid pursuant to paragraph (a) on bonds
850 issued after July 1, 2016, for the purposes set forth under this
851 subparagraph.
852 3. The sum of $5 million shall be appropriated annually
853 each fiscal year through the 2025-2026 fiscal year to the St.
854 Johns River Water Management District for projects dedicated to
855 the restoration of Lake Apopka. This distribution shall be
856 reduced by an amount equal to the debt service paid pursuant to
857 paragraph (a) on bonds issued after July 1, 2016, for the
858 purposes set forth in this subparagraph.
859 4. The sum of $35 million shall be appropriated annually to
860 the St. Johns River Water Management District for projects
861 dedicated to the restoration of the St. Johns River and its
862 tributaries or the Keystone Heights Lake Region. Such funds may
863 be used for land management and acquisition and for recreational
864 opportunity and public access improvements connected with these
865 areas. This distribution shall be reduced by an amount equal to
866 the debt service paid pursuant to paragraph (a) on bonds issued
867 after July 1, 2017, for the purposes set forth in this
868 subparagraph.
869 5. The sum of $2 million shall be appropriated annually to
870 the Department of Environmental Protection to be distributed in
871 accordance with the existing interlocal agreement among the
872 Village of Islamorada, the Key Largo Wastewater Treatment
873 District, the City of Marathon, the Monroe County/Florida Keys
874 Aqueduct Authority, the City of Key West, and Key Colony Beach,
875 to address water quality issues and for the purposes of
876 constructing sewage collection, treatment, and disposal
877 facilities; implementing stormwater collection and treatment
878 systems; canal restoration and muck remediation projects; and
879 projects that protect and enhance water supply in the Florida
880 Keys Area of Critical State Concern and the City of Key West
881 Area of Critical State Concern; or, for the purposes of land
882 acquisition within the Florida Keys Area of Critical Concern as
883 authorized pursuant to s. 259.045 with increased priority given
884 to those acquisitions that achieve a combination of conservation
885 goals, including protecting Florida’s water resources and
886 natural groundwater recharge. A local government requesting
887 disbursement pursuant to this appropriation shall provide the
888 Department of Environmental Protection with such documentation
889 as the department deems necessary to verify that the costs are
890 properly incurred and work has been performed.
891 6. A sum of $20 million shall be appropriated annually to
892 offset or partially offset property owner costs incurred to
893 retrofit onsite sewage treatment and disposal systems determined
894 by the Department of Environmental Protection to be individually
895 or collectively contributing excess nutrient pollution in the
896 counties contributing to the Indian River Lagoon, the St. Lucie
897 and Caloosahatchee estuaries, and their watersheds; to connect
898 properties with such onsite systems to central sewer systems; or
899 to conduct muck dredging and large-scale stormwater improvements
900 in counties contributing to the Indian River Lagoon, the St.
901 Lucie and Caloosahatchee estuaries, and their watersheds. The
902 Department of Environmental Protection is authorized to use the
903 appropriated funds to make grants or provide other forms of
904 financial assistance to local governments and other entities for
905 these purposes.
906 Section 9. Effective January 1, 2019, and contingent upon
907 the failure of the district or board to acquire land by November
908 30, 2018, pursuant to section 373.4598(3)(a) or (b), Florida
909 Statutes, subsection (3) of section 375.041, Florida Statutes,
910 as amended by this act, is amended to read:
911 375.041 Land Acquisition Trust Fund.—
912 (3) Funds distributed into the Land Acquisition Trust Fund
913 pursuant to s. 201.15 shall be applied:
914 (a) First, to pay debt service or to fund debt service
915 reserve funds, rebate obligations, or other amounts payable with
916 respect to water resource protection and development bonds
917 issued under s. 215.613; pay debt service or to fund debt
918 service reserve funds, rebate obligations, or other amounts
919 payable with respect to Florida Forever bonds issued under s.
920 215.618; and pay debt service, provide reserves, and pay rebate
921 obligations and other amounts due with respect to Everglades
922 restoration bonds issued under s. 215.619; and
923 (b) Of the funds remaining after the payments required
924 under paragraph (a), but before funds may be appropriated,
925 pledged, or dedicated for other uses:
926 1. A minimum of the lesser of 30 25 percent or $250 $200
927 million shall be appropriated annually for Everglades projects
928 that implement the Comprehensive Everglades Restoration Plan as
929 set forth in s. 373.470, including the Central Everglades
930 Planning Project subject to Congressional authorization; the
931 Long-Term Plan as defined in s. 373.4592(2); and the Northern
932 Everglades and Estuaries Protection Program as set forth in s.
933 373.4595. From these funds, $32 million shall be distributed
934 each fiscal year through the 2023-2024 fiscal year to the South
935 Florida Water Management District for the Long-Term Plan as
936 defined in s. 373.4592(2). After deducting the $32 million
937 distributed under this subparagraph, from the funds remaining, a
938 minimum of the lesser of 80 76.5 percent or $150 $100 million
939 shall be appropriated each fiscal year through the 2025-2026
940 fiscal year for the planning, design, engineering, and
941 construction of the Comprehensive Everglades Restoration Plan as
942 set forth in s. 373.470, including the Central Everglades
943 Planning Project, the Everglades Agricultural Area Storage
944 Reservoir Project, the Lake Okeechobee Watershed Project, the C
945 43 West Basin Storage Reservoir Project, the C-44 Reservoir
946 Project, the Western Everglades Restoration Project, the C-111
947 South-Dade Project, and the Picayune Strand Restoration Project.
948 The Department of Environmental Protection and the South Florida
949 Water Management District shall give preference to those
950 Everglades restoration projects that reduce harmful discharges
951 of water from Lake Okeechobee to the St. Lucie or Caloosahatchee
952 estuaries in a timely manner. For the purpose of performing the
953 calculation provided in this subparagraph, the amount of debt
954 service paid pursuant to paragraph (a) for bonds issued after
955 July 1, 2016, for the purposes set forth under paragraph (b)
956 shall be added to the amount remaining after the payments
957 required under paragraph (a). The amount of the distribution
958 calculated shall then be reduced by an amount equal to the debt
959 service paid pursuant to paragraph (a) on bonds issued after
960 July 1, 2016, for the purposes set forth under this
961 subparagraph.
962 2. A minimum of the lesser of 7.6 percent or $50 million
963 shall be appropriated annually for spring restoration,
964 protection, and management projects. For the purpose of
965 performing the calculation provided in this subparagraph, the
966 amount of debt service paid pursuant to paragraph (a) for bonds
967 issued after July 1, 2016, for the purposes set forth under
968 paragraph (b) shall be added to the amount remaining after the
969 payments required under paragraph (a). The amount of the
970 distribution calculated shall then be reduced by an amount equal
971 to the debt service paid pursuant to paragraph (a) on bonds
972 issued after July 1, 2016, for the purposes set forth under this
973 subparagraph.
974 3. The sum of $5 million shall be appropriated annually
975 each fiscal year through the 2025-2026 fiscal year to the St.
976 Johns River Water Management District for projects dedicated to
977 the restoration of Lake Apopka. This distribution shall be
978 reduced by an amount equal to the debt service paid pursuant to
979 paragraph (a) on bonds issued after July 1, 2016, for the
980 purposes set forth in this subparagraph.
981 4. The sum of $35 million shall be appropriated annually to
982 the St. Johns River Water Management District for projects
983 dedicated to the restoration of the St. Johns River and its
984 tributaries or the Keystone Heights Lake Region. Such funds may
985 be used for land management and acquisition and for recreational
986 opportunity and public access improvements connected with these
987 areas. This distribution shall be reduced by an amount equal to
988 the debt service paid pursuant to paragraph (a) on bonds issued
989 after July 1, 2017, for the purposes set forth in this
990 subparagraph.
991 5. The sum of $2 million shall be appropriated annually to
992 the Department of Environmental Protection to be distributed in
993 accordance with the existing interlocal agreement among the
994 Village of Islamorada, the Key Largo Wastewater Treatment
995 District, the City of Marathon, the Monroe County/Florida Keys
996 Aqueduct Authority, the City of Key West, and Key Colony Beach,
997 to address water quality issues and for the purposes of
998 constructing sewage collection, treatment, and disposal
999 facilities; implementing stormwater collection and treatment
1000 systems; canal restoration and muck remediation projects; and
1001 projects that protect and enhance water supply in the Florida
1002 Keys Area of Critical State Concern and the City of Key West
1003 Area of Critical State Concern; or, for the purposes of land
1004 acquisition within the Florida Keys Area of Critical Concern as
1005 authorized pursuant to s. 259.045 with increased priority given
1006 to those acquisitions that achieve a combination of conservation
1007 goals, including protecting Florida’s water resources and
1008 natural groundwater recharge. A local government requesting
1009 disbursement pursuant to this appropriation shall provide the
1010 Department of Environmental Protection with such documentation
1011 as the department deems necessary to verify that the costs are
1012 properly incurred and work has been performed.
1013 6. A sum of $20 million shall be appropriated annually to
1014 offset or partially offset property owner costs incurred to
1015 retrofit onsite sewage treatment and disposal systems determined
1016 by the Department of Environmental Protection to be individually
1017 or collectively contributing excess nutrient pollution in the
1018 counties contributing to the Indian River Lagoon, the St. Lucie
1019 and Caloosahatchee estuaries, and their watersheds; to connect
1020 properties with such onsite systems to central sewer systems; or
1021 to conduct muck dredging and large-scale stormwater improvements
1022 in counties contributing to the Indian River Lagoon, the St.
1023 Lucie and Caloosahatchee estuaries, and their watersheds. The
1024 Department of Environmental Protection is authorized to use the
1025 appropriated funds to make grants or provide other forms of
1026 financial assistance to local governments and other entities for
1027 these purposes.
1028 Section 10. Section 403.0878, Florida Statutes, is created
1029 to read:
1030 403.0878 Water reuse grant program.—The department shall
1031 establish a water reuse grant program. The department shall use
1032 funds specifically appropriated to award grants under this
1033 section to assist wastewater treatment facilities to expand the
1034 facilities’ capacity to make reclaimed water available for
1035 reuse.
1036 (1) In accordance with rules adopted by the department
1037 pursuant to this section, the department may provide grants,
1038 from funds specifically appropriated for this purpose, to
1039 wastewater facilities for up to 100 percent of the costs of
1040 planning, designing, constructing, upgrading, or replacing
1041 wastewater collection, transmission, and treatment designed to
1042 expand the facility’s capacity to make reclaimed water available
1043 for reuse.
1044 (2) The department’s rules must:
1045 (a) Require that projects to plan, design, construct,
1046 upgrade, or replace wastewater collection, transmission,
1047 treatment, and reuse facilities be cost-effective,
1048 environmentally sound, permittable, and implementable.
1049 (b) Require grant applications to be submitted on
1050 appropriate forms with appropriate supporting documentation, and
1051 require records to be maintained.
1052 (c) Establish a system to determine eligibility of grant
1053 applications.
1054 (d) Establish a system to determine the relative priority
1055 of grant applications. The system must consider public health
1056 protection and water pollution abatement.
1057 (e) Establish requirements for competitive procurement of
1058 engineering and construction services, materials, and equipment.
1059 (f) Provide for termination of grants when program
1060 requirements are not met.
1061 (3) The department must perform adequate overview of each
1062 awarded grant, including technical review, regular inspections,
1063 disbursement approvals, and auditing, to successfully implement
1064 this section.
1065 (4) The department may use up to 2 percent of the grant
1066 funds made available each year for the costs of program
1067 administration.
1068 (5) Recipients of financial assistance under this section
1069 may receive disbursements based upon invoiced costs and are not
1070 required to request advance payment pursuant to s. 216.181(16).
1071 Proof of payment of invoiced costs shall be submitted before or
1072 concurrent with the recipient’s next disbursement request.
1073 Section 11. The Legislature finds that sufficient water
1074 availability is a paramount concern for existing and future
1075 reasonable-beneficial uses and natural systems in this state.
1076 The projected population of this state is estimated to exceed 25
1077 million by the year 2040, and cooperative efforts between
1078 municipalities, counties, utility companies, private landowners,
1079 water consumers, water management districts, regional water
1080 supply authorities, the Department of Environmental Protection,
1081 and the Department of Agriculture and Consumer Services are
1082 necessary in order to meet water needs in a manner that will
1083 supply adequate and dependable supplies of water where needed
1084 without causing adverse effects in the area from which water is
1085 withdrawn. Water supply projects should employ all practical
1086 means of obtaining water, including, but not limited to,
1087 withdrawals of surface water and groundwater, reclaimed water,
1088 and desalination, and properly implementing these projects will
1089 require cooperation and well-coordinated activities. Therefore,
1090 it is the policy of this state that projects to increase water
1091 supply be planned on a regional basis.
1092 Section 12. Present paragraph (f) of subsection (5) of
1093 section 215.44, Florida Statutes, is redesignated as paragraph
1094 (g), and a new paragraph (f) is added to that subsection, to
1095 read:
1096 215.44 Board of Administration; powers and duties in
1097 relation to investment of trust funds.—
1098 (5) On or before January 1 of each year, the board shall
1099 provide to the Legislature a report including the following
1100 items for each fund which, by law, has been entrusted to the
1101 board for investment:
1102 (f) A summary of the type and amount of potential water
1103 supply investments that will have the effect of increasing water
1104 supply in the state on a regional basis.
1105 Section 13. Section 403.890, Florida Statutes, is amended
1106 to read:
1107 403.890 Water Protection and Sustainability Program.—
1108 (1) Revenues deposited into or appropriated to the Water
1109 Protection and Sustainability Program Trust Fund shall be
1110 distributed by the Department of Environmental Protection for
1111 the following purposes in the following manner:
1112 (a) (1) Sixty-five percent to the Department of
1113 Environmental Protection for The implementation of an
1114 alternative water supply program as provided in s. 373.707.
1115 (b) The water storage facility revolving loan fund as
1116 provided in s. 373.478.
1117 (2) Revenues deposited into or appropriated to the Water
1118 Protection and Sustainability Program Trust Fund for purposes of
1119 the water storage facility revolving loan fund may only be used
1120 for such purposes.
1121 (2) Twenty-two and five-tenths percent for the
1122 implementation of best management practices and capital project
1123 expenditures necessary for the implementation of the goals of
1124 the total maximum daily load program established in s. 403.067.
1125 Of these funds, 83.33 percent shall be transferred to the credit
1126 of the Department of Environmental Protection Water Quality
1127 Assurance Trust Fund to address water quality impacts associated
1128 with nonagricultural nonpoint sources. Sixteen and sixty-seven
1129 hundredths percent of these funds shall be transferred to the
1130 Department of Agriculture and Consumer Services General
1131 Inspection Trust Fund to address water quality impacts
1132 associated with agricultural nonpoint sources. These funds shall
1133 be used for research, development, demonstration, and
1134 implementation of the total maximum daily load program under s.
1135 403.067, suitable best management practices or other measures
1136 used to achieve water quality standards in surface waters and
1137 water segments identified pursuant to s. 303(d) of the Clean
1138 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
1139 Implementation of best management practices and other measures
1140 may include cost-share grants, technical assistance,
1141 implementation tracking, and conservation leases or other
1142 agreements for water quality improvement. The Department of
1143 Environmental Protection and the Department of Agriculture and
1144 Consumer Services may adopt rules governing the distribution of
1145 funds for implementation of capital projects, best management
1146 practices, and other measures. These funds shall not be used to
1147 abrogate the financial responsibility of those point and
1148 nonpoint sources that have contributed to the degradation of
1149 water or land areas. Increased priority shall be given by the
1150 department and the water management district governing boards to
1151 those projects that have secured a cost-sharing agreement
1152 allocating responsibility for the cleanup of point and nonpoint
1153 sources.
1154 (3) Twelve and five-tenths percent to the Department of
1155 Environmental Protection for the Disadvantaged Small Community
1156 Wastewater Grant Program as provided in s. 403.1838.
1157 (3)(4) On June 30, 2009, and every 24 months thereafter,
1158 the Department of Environmental Protection shall request the
1159 return of all unencumbered funds distributed for the purposes of
1160 the alternative water supply program pursuant to this section.
1161 These funds shall be deposited into the Water Protection and
1162 Sustainability Program Trust Fund and redistributed for such
1163 purposes pursuant to the provisions of this section.
1164 Section 14. The South Florida Water Management District and
1165 the Board of Trustees of the Internal Improvement Trust Fund
1166 shall notify the Division of Law Revision and Information no
1167 later than December 1, 2018, whether they have acquired land
1168 pursuant to s. 373.4598, Florida Statutes.
1169 Section 15. The Division of Law Revision and Information is
1170 directed to replace the phrase “the effective date of this act”
1171 wherever it occurs in this act with the date the act becomes a
1172 law.
1173 Section 16. Contingent upon bonds being issued for the
1174 purposes of s. 373.4598, Florida Statutes, and if land is
1175 acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the
1176 sum of $64 million in recurring funds from the Land Acquisition
1177 Trust Fund is appropriated for the 2017-2018 fiscal year to pay
1178 debt service on bonds that implement this act and are issued
1179 pursuant to s. 215.613, Florida Statutes.
1180 Section 17. Contingent upon bonds being issued for the
1181 purposes of s. 373.4598, Florida Statutes, and if land is
1182 acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the
1183 sum of $36 million in recurring funds from the Land Acquisition
1184 Trust Fund is appropriated for the 2018-2019 fiscal year to pay
1185 debt service on bonds that implement this act and are issued
1186 pursuant to s. 215.613, Florida Statutes.
1187 Section 18. Contingent upon bonds being issued for the
1188 purposes of s. 373.4598, Florida Statutes, and if land is
1189 acquired pursuant to s. 373.4598(3)(b), Florida Statutes, the
1190 sum of $100 million in recurring funds from the Land Acquisition
1191 Trust Fund is appropriated for the 2018-2019 fiscal year to pay
1192 debt service on bonds that implement this act and are issued
1193 pursuant to s. 215.613, Florida Statutes.
1194 Section 19. Except as otherwise expressly provided in this
1195 act, this act shall take effect upon becoming a law.
1196