Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. PCS (601444) for SB 10
Ì920390ÆÎ920390
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/06/2017 .
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The Committee on Appropriations (Bradley and Latvala)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (3) of section
6 201.15, Florida Statutes, is amended to read:
7 201.15 Distribution of taxes collected.—All taxes collected
8 under this chapter are hereby pledged and shall be first made
9 available to make payments when due on bonds issued pursuant to
10 s. 215.618 or s. 215.619, or any other bonds authorized to be
11 issued on a parity basis with such bonds. Such pledge and
12 availability for the payment of these bonds shall have priority
13 over any requirement for the payment of service charges or costs
14 of collection and enforcement under this section. All taxes
15 collected under this chapter, except taxes distributed to the
16 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
17 are subject to the service charge imposed in s. 215.20(1).
18 Before distribution pursuant to this section, the Department of
19 Revenue shall deduct amounts necessary to pay the costs of the
20 collection and enforcement of the tax levied by this chapter.
21 The costs and service charge may not be levied against any
22 portion of taxes pledged to debt service on bonds to the extent
23 that the costs and service charge are required to pay any
24 amounts relating to the bonds. All of the costs of the
25 collection and enforcement of the tax levied by this chapter and
26 the service charge shall be available and transferred to the
27 extent necessary to pay debt service and any other amounts
28 payable with respect to bonds authorized before January 1, 2017,
29 secured by revenues distributed pursuant to this section. All
30 taxes remaining after deduction of costs shall be distributed as
31 follows:
32 (3) Amounts on deposit in the Land Acquisition Trust Fund
33 shall be used in the following order:
34 (a) Payment of debt service or funding of debt service
35 reserve funds, rebate obligations, or other amounts payable with
36 respect to Florida Forever bonds issued pursuant to s. 215.618.
37 The amount used for such purposes may not exceed $300 million in
38 each fiscal year. It is the intent of the Legislature that all
39 bonds issued to fund the Florida Forever Act be retired by
40 December 31, 2040. Except for bonds issued to refund previously
41 issued bonds, no series of bonds may be issued pursuant to this
42 paragraph unless such bonds are approved and the debt service
43 for the remainder of the fiscal year in which the bonds are
44 issued is specifically appropriated in the General
45 Appropriations Act or other law with respect to bonds issued for
46 the purposes of s. 373.4598.
47
48 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
49 and ratably secured by moneys distributable to the Land
50 Acquisition Trust Fund.
51 Section 2. Subsection (5) of section 215.618, Florida
52 Statutes, is amended to read:
53 215.618 Bonds for acquisition and improvement of land,
54 water areas, and related property interests and resources.—
55 (5) The proceeds from the sale of bonds issued pursuant to
56 this section, less the costs of issuance, the costs of funding
57 reserve accounts, and other costs with respect to the bonds,
58 shall be deposited into the Florida Forever Trust Fund. The bond
59 proceeds deposited into the Florida Forever Trust Fund shall be
60 distributed by the Department of Environmental Protection as
61 provided in s. 259.105. This subsection does not apply to
62 proceeds from the sale of bonds issued for the purposes of s.
63 373.4598.
64 Section 3. Section 373.4598, Florida Statutes, is created
65 to read:
66 373.4598 Water storage reservoirs.—
67 (1) LEGISLATIVE FINDINGS AND INTENT.—
68 (a) The Legislature declares that an emergency exists
69 regarding the St. Lucie and Caloosahatchee estuaries due to the
70 high-volume freshwater discharges to the east and west of the
71 lake. Such discharges have manifested in widespread algae
72 blooms, public health impacts, and extensive environmental harm
73 to wildlife and the aquatic ecosystem. These conditions, as
74 outlined in the state of emergency declared by the Governor
75 under Executive Orders 16-59, 16-155, and 16-156, threaten the
76 ecological integrity of the estuaries and the economic viability
77 of the state and affected communities.
78 (b) The Legislature finds that increasing water storage is
79 necessary to reduce the high-volume freshwater discharges from
80 the lake to the estuaries and restore the hydrological
81 connection to the Everglades. CERP projects necessary to reduce
82 the discharges and improve the flows to the Everglades should
83 receive priority funding, such as the Lake Okeechobee Watershed
84 project to the north of the lake; the Everglades Agricultural
85 Area reservoir project to the south of the lake; the C-43 West
86 Basin Reservoir Storage project to the west of the lake; and the
87 Indian River Lagoon-South project to the east of the lake.
88 (c) The Legislature finds that the rate of funding for CERP
89 must be increased if restoration will be achieved within the
90 timeframe originally envisioned and that the delay in
91 substantial progress toward completing critical elements of
92 restoration, such as southern storage, will cause irreparable
93 harm to natural systems and, ultimately, increase the cost of
94 restoration. A substantial commitment to the advancement of
95 projects identified as part of CERP will reduce ongoing
96 ecological damage to the St. Lucie and Caloosahatchee estuaries.
97 (d) The Legislature recognizes that the EAA reservoir
98 project was conditionally authorized in the Water Resources
99 Development Act of 2000 as a project component of CERP. Unless
100 other funding is available, the Legislature directs the
101 district, in the implementation of the reservoir project, to
102 abide by applicable state and federal law in order to do that
103 which is required to obtain federal credit under CERP. If the
104 district implements the EAA reservoir project as a project
105 component as defined in s. 373.1501, the district must abide by
106 all applicable state and federal law relating to such projects.
107 (e) This section is not intended to diminish the
108 commitments made by the state in chapter 2016-201, Laws of
109 Florida.
110 (2) DEFINITIONS.—As used in this section, the term:
111 (a) “A-1 parcel” means an area of district-owned land
112 located between the Miami Canal and North New River Canal
113 consisting of approximately 17,000 acres which is bordered to
114 the north by private agricultural lands, to the east by U.S.
115 Highway 27, to the south by Stormwater Treatment Area 3/4, and
116 to the west by the Holey Land Wildlife Management Area and the
117 A-2 parcel.
118 (b) “A-2 parcel” means an area of district-owned land
119 located between the Miami Canal and the North New River Canal
120 consisting of approximately 14,000 acres of land to the east of
121 the Miami Canal which is bordered to the north by private
122 agricultural lands, to the east by the A-1 parcel, and to the
123 south by the Holey Land Wildlife Management Area.
124 (c) “Board” means the Board of Trustees of the Internal
125 Improvement Trust Fund.
126 (d) “Central Everglades Planning Project” or “CEPP” means
127 the suite of CERP projects authorized as the “Central
128 Everglades” project in the Water Infrastructure Improvements for
129 the Nation Act, Public Law No: 114-322.
130 (e) “Comprehensive Everglades Restoration Plan” or “CERP”
131 has the same meaning as the term “comprehensive plan” as defined
132 in s. 373.470.
133 (f) “Corps” means the United States Army Corps of
134 Engineers.
135 (g) “District” means the South Florida Water Management
136 District.
137 (h) “Everglades Agricultural Area” or “EAA” has the same
138 meaning as in s. 373.4592.
139 (i) “EAA reservoir project” means the Everglades
140 Agricultural Area storage reservoir, known as Component G of
141 CERP. The term includes any necessary water quality features
142 that are required to meet state and federal water quality
143 standards.
144 (j) “Lake” means Lake Okeechobee.
145 (k) “Option agreement” means the Second Amended and
146 Restated Agreement for Sale and Purchase between the seller,
147 United States Sugar Corporation, SBG Farms, Inc., and Southern
148 Garden Groves Corporation, and the buyer, the South Florida
149 Water Management District, dated August 12, 2010.
150 (3) EAA LEASE AGREEMENTS.—
151 (a) The district and the board are authorized to negotiate
152 the amendment or termination of leases on lands within the EAA
153 for exchange or use for the EAA reservoir project. Any such
154 lease must be terminated in accordance with the lease terms or
155 upon the voluntary agreement of the lessor and lessee. In the
156 event of any such lease termination, the lessee must be
157 permitted to continue to farm on a field-by-field basis until
158 such time as the lessee’s operations are incompatible with
159 implementation of the EAA reservoir project, as reasonably
160 determined by the lessor. The district and the board may include
161 the swapping of land, assignment of leases, and other methods of
162 providing valuable consideration in negotiating the amendments
163 to or termination of such lease agreements.
164 (b) Any lease agreement relating to land in the EAA leased
165 to the Prison Rehabilitative Industries and Diversified
166 Enterprises, Inc., (PRIDE Enterprises) for an agricultural work
167 program is required to be terminated in accordance with the
168 terms of the lease agreement. Any such land previously leased
169 may be made available by the board to the district for exchange
170 for lands suitable for the EAA reservoir project or may be
171 leased for agricultural purposes. The terms of any such lease
172 must include provisions authorizing the lessor to terminate the
173 lease at any time during the lease term as to any portion, or
174 all of the premises, to be used for an environmental restoration
175 purpose. The terms of the lease may not require more than 1
176 year’s notice in order for such termination to be effective. Any
177 agricultural owner managing lands subject to an agreement with
178 PRIDE shall be given the right of first refusal in leasing any
179 such lands.
180 (c) If, after any termination of an EAA lease agreement,
181 ratoon, stubble, or residual crop remaining on the lease
182 premises is harvested or otherwise used by the lessor or any
183 third party, the lessee is entitled to be compensated for any
184 documented, unamortized planting costs, and any unamortized
185 capital costs associated with the lease and incurred prior to
186 notice.
187 (4) LAND ACQUISITION.—The Legislature declares that
188 acquiring land to increase water storage south of the lake is in
189 the public interest and that the governing board of the district
190 may acquire land, if necessary, to implement the EAA reservoir
191 project with the goal of providing at least 240,000 acre-feet of
192 water storage south of the lake. However, the district may not
193 exercise eminent domain in the EAA for the purpose of
194 implementing the EAA reservoir project.
195 (a) Upon the effective date of this act, the district shall
196 identify the lessees of the approximately 3,200 acres of land
197 owned by the state or the district west of the A-2 parcel and
198 east of the Miami Canal and the private property owners of the
199 approximately 500 acres of land surrounded by such lands.
200 (b) By July 31, 2017, the district shall contact the
201 lessors and landowners of the land identified pursuant paragraph
202 (a) to express the district’s interest in acquiring land through
203 the purchase or exchange of lands or by the amendment or
204 termination of lease agreements. If land swaps or purchases are
205 necessary to assemble the required acreage, the participation of
206 private landowners must be voluntary. The district shall contact
207 the board to request that any lease of land identified pursuant
208 to paragraph (a), the title to which is vested in the board, be
209 amended or terminated. All appraisal reports, offers, and
210 counteroffers in relation to this subsection are confidential
211 and exempt from s. 119.07(1), as provided in s. 373.139.
212 (c) The board shall provide to the district, through direct
213 acquisition in fee or by a supplemental agreement, any land, the
214 title to which is vested in the board, that the district
215 identifies as necessary to construct the EAA reservoir project.
216 (d) The total acreage necessary for additional water
217 treatment may not exceed the amount reasonably required to meet
218 state and federal water quality standards as determined using
219 the water quality modeling tools of the district. The district
220 shall use the latest version of the Dynamic Model for Stormwater
221 Treatment Areas Model modeling tool and other modeling tools
222 that will be required in the planning and design of the EAA
223 reservoir project. If additional land not identified in
224 paragraph (a) is necessary for the EAA reservoir project, the
225 district shall acquire that land from willing sellers of
226 property in conjunction with the development of the
227 postauthorization change report.
228 (5) POST-AUTHORIZATION CHANGE REPORT.—
229 (a) The district is directed to request, by July 1, 2017,
230 that the corps jointly develop a post-authorization change
231 report with the district for CEPP to revise the project
232 component located on the A-2 parcel with the goal of increasing
233 water storage provided by the project component to a minimum of
234 240,000 acre-feet. Upon agreement with the corps, development of
235 the report must begin by August 1, 2017, and does not preclude
236 the implementation of the remaining CEPP project components.
237 (b) Using the A-2 parcel and the additional land identified
238 pursuant to paragraph (4)(a) and without modifying the A-1
239 parcel, the report must evaluate:
240 1. The optimal configuration of the EAA reservoir project
241 for providing at least 240,000 acre-feet of water storage; and
242 2. Any necessary increases in canal conveyance capacity to
243 reduce the discharges to the St. Lucie or Caloosahatchee
244 estuaries.
245 (c) If the district and the corps determine that an
246 alternate configuration of water storage and water quality
247 features providing for significantly more water storage, but no
248 less than 360,000 acre-feet of water storage, south of the lake
249 can be implemented on a footprint that includes modification to
250 the A-1 parcel, the district is authorized to recommend such an
251 alternative configuration in its report. Any such recommendation
252 must include sufficient water quality treatment capacity to meet
253 state and federal water quality standards.
254 (d) Pending congressional approval of the report, the
255 district shall begin the preliminary planning or construction
256 of, or modification to, the project site to the extent
257 appropriate, subject to the availability of funding. Upon
258 receipt of congressional approval of the report, construction of
259 the EAA reservoir project shall be completed parallel with
260 construction of the other CEPP project components, subject to
261 the availability of funding.
262 (e) The district must report the status of the post
263 authorization change report to the Legislature by January 9,
264 2018. The report must include information on the district’s
265 ability to obtain lease modifications and land acquisitions as
266 provided in subsection (4). If the district in good faith
267 believes that the post-authorization change report will receive
268 ultimate approval but that an extension of the deadline provided
269 in paragraph (7)(a) is needed, the district must include such a
270 request in its report and may be granted an extension by the
271 Legislature. Any such extension must include a corresponding
272 date by which the district, in coordination with the corps, must
273 begin the planning study for the EAA reservoir project and
274 proceed with the A-2 parcel project component of CEPP in
275 accordance with paragraph (7)(a).
276 (6) OPTION AGREEMENT.—The district must terminate the
277 option agreement at the request of the seller if:
278 (a) The post-authorization change report receives
279 congressional approval; or
280 (b) The district certifies to the board, the President of
281 the Senate, and the Speaker of the House of Representatives that
282 the acquisition of the land necessary for the EAA reservoir
283 project, as provided in subsection (4), has been completed.
284 (7) PLANNING STUDY.—
285 (a) If, for any reason, the post-authorization change
286 report does not receive congressional approval by October 1,
287 2018, and the district has not been granted an extension by the
288 Legislature, the district must, in coordination with the corps,
289 begin the planning study for the EAA reservoir project by
290 October 31, 2018, and proceed with the A-2 parcel project
291 component of CEPP in accordance with the final project
292 implementation report dated July 2014.
293 (b) The district, when developing the planning study, must
294 focus on the goal of the EAA reservoir project, which is to
295 provide additional water storage and conveyance south of the
296 lake to reduce the volume of regulatory discharges of water from
297 the lake to the east and west.
298 (c) Upon completion of the planning study and the
299 finalization of the project implementation report, as defined in
300 s. 373.470, the district, in coordination with the corps, shall
301 seek congressional authorization for the EAA reservoir project.
302 (8) AGRICULTURAL WORKERS.—The district shall give
303 preferential consideration to the hiring of former agricultural
304 workers primarily employed during 36 of the past 60 months in
305 the Everglades Agricultural Area, consistent with their
306 qualifications and abilities, for the construction and operation
307 of the EAA reservoir project. Any contract or subcontract for
308 the construction and operation of the EAA reservoir project in
309 which 50 percent or more of the cost is paid from state
310 appropriated funds must provide preference and priority in the
311 hiring of such agricultural workers. The district shall give
312 preferential consideration to contract proposals that include in
313 the contractor’s hiring practices training programs for such
314 workers.
315 (9) C-51 RESERVOIR PROJECT.—
316 (a) The C-51 reservoir project is a water storage facility
317 as defined in s. 373.475. The C-51 reservoir project is located
318 in western Palm Beach County south of the lake and consists of
319 in-ground reservoirs and conveyance structures that will provide
320 water supply and water management benefits to participating
321 water supply utilities and will also provide environmental
322 benefits by reducing freshwater discharges to tide and making
323 water available for natural systems.
324 (b) Phase I of the project will provide approximately
325 14,000 acre-feet of storage and will hydraulically connect to
326 the district’s L-8 Flow Equalization Basin. Phase II of the
327 project will provide approximately 46,000 acre-feet of water
328 storage, for a total increase of 60,000 acre-feet of water
329 storage.
330 (c) For Phase II of the C-51 reservoir project the district
331 may negotiate with the owners of the C-51 reservoir project site
332 for the acquisition of the project or to enter into a
333 publicprivate partnership. The district may acquire land near
334 the C-51 reservoir through the purchase or exchange of land that
335 is owned by the district or the state as necessary to implement
336 Phase II of the project. The state and the district may consider
337 potential swaps of land that is owned by the state or the
338 district to achieve an optimal combination of water quality and
339 water storage. The district may not exercise eminent domain for
340 the purpose of implementing the C-51 reservoir project.
341 (d) If state funds are appropriated for Phase I or Phase II
342 of the C-51 reservoir project:
343 1. The district shall operate the reservoir to maximize the
344 reduction of high-volume Lake Okeechobee regulatory releases to
345 the St. Lucie or Caloosahatchee estuaries in addition to
346 providing relief to the Lake Worth Lagoon;
347 2. Water made available by the reservoir shall be used for
348 natural systems in addition to any allocated amounts for water
349 supply; and
350 3. Any water received from Lake Okeechobee may not be
351 available to support consumptive use permits.
352 (e) Phase I of the C-51 reservoir project may be funded
353 through the water storage facility revolving loan fund as
354 provided in s. 373.475. Phase II of the C-51 reservoir project
355 may be funded pursuant to this section, pursuant to s. 373.475,
356 as a project component of CERP, or pursuant to s.
357 375.041(3)(b)4.
358 (10) FUNDING.—
359 (a) The Legislature determines that the authorization and
360 issuance of Florida Forever bonds for the purposes of this
361 section is in the best interest of the state and determines that
362 water storage reservoir projects should be implemented.
363 (b) Any cost related to this section, including, but not
364 limited to, the costs for land acquisition, planning,
365 construction, and operation and maintenance, may be funded using
366 proceeds from Florida Forever bonds issued under s. 215.618, in
367 an amount of up to 1.2 billion, as authorized under that
368 section. The bond proceeds from bonds issued for the purposes of
369 this section shall be deposited into the Everglades Trust Fund.
370 (c) Notwithstanding s. 373.026(8)(b) or any other provision
371 of law, the use of state funds is authorized for the EAA
372 reservoir project.
373 (d) The district shall actively seek additional sources of
374 funding, including federal funding, for the reservoir project.
375 (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district
376 shall request that the corps pursue the reevaluation of the Lake
377 Okeechobee Regulation Schedule as expeditiously as possible,
378 taking into consideration the repairs made to the Herbert Hoover
379 Dike and implementation of projects designed to reduce
380 highvolume freshwater discharges from the lake, in order to
381 optimally utilize the added water storage capacity to reduce the
382 high-volume freshwater discharges to the St. Lucie and
383 Caloosahatchee estuaries.
384 Section 4. Section 373.475, Florida Statutes, is created to
385 read:
386 373.475 Water storage facility revolving loan fund.—
387 (1)(a) In recognition that waters of the state are among
388 the state’s most basic resources, the Legislature declares that
389 such waters should be managed to conserve and protect water
390 resources and to realize the full beneficial use of such
391 resources.
392 (b) As natural storage within the system has been lost due
393 to development, the Legislature finds that additional natural or
394 man-made water storage is required to capture and prevent water
395 from being discharged to tide or otherwise lost.
396 (c) The Legislature finds that establishing infrastructure
397 financing and providing technical assistance to local
398 governments or water supply entities for water storage
399 facilities is necessary to conserve and protect the waters of
400 the state.
401 (2) For purposes of this section, the term:
402 (a) “Local governmental agency” means any municipality,
403 county, district, or authority, or any agency thereof, or a
404 combination of such acting jointly in connection with a project,
405 which has jurisdiction over a water storage facility.
406 (b) “Water storage facility” or “facility” means all
407 facilities, including land, necessary for an above-ground or in
408 ground reservoir. Such facilities may be publicly owned,
409 privately owned, investor-owned, or cooperatively held.
410 (3) The state, through the department, shall provide
411 funding assistance to local governments or water supply entities
412 for the development and construction of water storage facilities
413 to increase the availability of sufficient water for all
414 existing and future reasonable-beneficial uses and natural
415 systems.
416 (a) The department may make loans, provide loan guarantees,
417 purchase loan insurance, and refinance local debt through the
418 issue of new loans for water storage facilities approved by the
419 department. Local governments or water supply entities may
420 borrow funds made available pursuant to this section and may
421 pledge any revenues or other adequate security available to them
422 to repay any funds borrowed.
423 (b) The department may award loan amounts for up to 75
424 percent of the costs of planning, designing, constructing,
425 upgrading, or replacing water resource infrastructure or
426 facilities, whether natural or man-made, including the
427 acquisition of real property for water storage facilities.
428 (4) Subject to appropriation, the department shall adopt
429 rules to carry out the purposes of this section. Such rules
430 must:
431 (a) Establish a priority system for loans based on
432 compliance with state requirements. The priority system must
433 give special consideration to:
434 1. Projects that provide for the development of alternative
435 water supply projects and management techniques in areas where
436 existing source waters are limited or threatened by saltwater
437 intrusion, excessive drawdowns, contamination, or other
438 problems;
439 2. Projects that contribute to the sustainability of
440 regional water sources;
441 3. Projects that produce additional water available for
442 consumptive uses or natural systems;
443 4. Projects that diversify water supply so that the needs
444 of consumptive uses and the natural system are met during wet
445 and dry conditions; or
446 5. Projects that provide flexibility in addressing the
447 unpredictability of water conditions from water year to water
448 year.
449 (b) Establish the requirements for the award and repayment
450 of financial assistance.
451 (c) Require evidence of credit worthiness and adequate
452 security, including an identification of revenues to be pledged
453 and documentation of their sufficiency for loan repayment and
454 pledged revenue coverage to ensure that each loan recipient can
455 meet its loan repayment requirements.
456 (d) Require each project receiving financial assistance to
457 be cost-effective, environmentally sound, and implementable.
458 (e) Require each project to be self-supporting if the
459 project is primarily for the purpose of water supply for
460 consumptive use.
461 (5) Before approval of a loan, the local government or
462 water supply entity must, at a minimum, submit all of the
463 following to the department:
464 (a) A repayment schedule.
465 (b) Evidence of the permittability or implementability of
466 the facility proposed for financial assistance.
467 (c) Plans and specifications, biddable contract documents,
468 or other documentation of appropriate procurement of goods and
469 services.
470 (d) Provide assurance that records will be kept using
471 generally accepted accounting principles and that the department
472 or its agents and the Auditor General will have access to all
473 records pertaining to the loan.
474 (e) If the facility is required to be self-supporting
475 according to paragraph (4)(e), document that it will be self
476 supporting.
477 (f) Document that the water management district within
478 whose boundaries the facility will be located has approved the
479 facility. If the facility crosses jurisdictional boundaries,
480 approval from each applicable district must be documented and
481 provided to the department.
482 (6) Recipients of financial assistance under this section
483 may receive disbursements based on invoiced costs and are not
484 required to request advance payment pursuant to s. 216.181(16).
485 Proof of payment of invoiced costs must be submitted before or
486 concurrent with the recipient’s next disbursement request.
487 (7) The department and water management districts are
488 authorized to provide technical assistance to local governments
489 or water supply entities for water storage facilities funded
490 pursuant to this section.
491 (8) The minimum amount of a loan is $75,000. The term of
492 loans made pursuant to this section may not exceed 30 years.
493 (9) As part of the report required under s. 403.8532, the
494 department shall prepare a report at the end of each fiscal year
495 which details the financial assistance provided under this
496 section, service fees collected, interest earned, and loans
497 outstanding.
498 (10) The department may conduct an audit of the loan
499 project upon completion, or may require that a separate project
500 audit, prepared by an independent certified public accountant,
501 be submitted.
502 (11) The department may require reasonable service fees on
503 loans made to local governments or water supply entities to
504 ensure that the program will be operated in perpetuity and to
505 implement the purposes authorized under this section. Service
506 fees may not be less than 2 percent or greater than 4 percent of
507 the loan amount exclusive of the service fee. Service fee
508 revenues shall be deposited into the department’s Grants and
509 Donations Trust Fund. The fee revenues, and interest earnings
510 thereon, shall be used exclusively for the purposes of this
511 section.
512 (12) The Water Protection and Sustainability Program Trust
513 Fund established under s. 403.891 shall be used for the purposes
514 of this section. Any funds that are not needed for immediate
515 financial assistance shall be invested pursuant to s. 215.49.
516 State funds and investment earnings shall be deposited into the
517 fund. The principal and interest of all loans repaid, and
518 investment earnings thereon, shall be deposited into the fund.
519 (13)(a) If a local governmental agency defaults under the
520 terms of its loan agreement, the department shall so certify to
521 the Chief Financial Officer, who shall forward the amount
522 delinquent to the department from any unobligated funds due to
523 the local governmental agency under any revenue-sharing or tax
524 sharing fund established by the state, except as otherwise
525 provided by the State Constitution. Certification of delinquency
526 does not preclude the department from pursuing other remedies
527 available for default on a loan, including accelerating loan
528 repayments, eliminating all or part of the interest rate subsidy
529 on the loan, and court appointment of a receiver to manage the
530 public water system.
531 (b) If a water storage facility owned by a person other
532 than a local governmental agency defaults under the terms of its
533 loan agreement, the department may take all actions available
534 under law to remedy the default.
535 (c) The department may impose a penalty for delinquent loan
536 payments in the amount of 6 percent of the amount due, in
537 addition to charging the cost to handle and process the debt.
538 Penalty interest accrues on any amount due and payable beginning
539 on the 30th day following the date that the payment was due.
540 (14) The department may terminate or rescind a financial
541 assistance agreement if the recipient fails to comply with the
542 terms and conditions of the agreement.
543 Section 5. Subsection (3) of section 375.041, Florida
544 Statutes, is amended to read:
545 375.041 Land Acquisition Trust Fund.—
546 (3) Funds distributed into the Land Acquisition Trust Fund
547 pursuant to s. 201.15 shall be applied:
548 (a) First, to pay debt service or to fund debt service
549 reserve funds, rebate obligations, or other amounts payable with
550 respect to Florida Forever bonds issued under s. 215.618; and
551 pay debt service, provide reserves, and pay rebate obligations
552 and other amounts due with respect to Everglades restoration
553 bonds issued under s. 215.619; and
554 (b) Of the funds remaining after the payments required
555 under paragraph (a), but before funds may be appropriated,
556 pledged, or dedicated for other uses:
557 1. A minimum of the lesser of 25 percent or $200 million
558 shall be appropriated annually for Everglades projects that
559 implement the Comprehensive Everglades Restoration Plan as set
560 forth in s. 373.470, including the Central Everglades Planning
561 Project subject to Congressional authorization; the Long-Term
562 Plan as defined in s. 373.4592(2); and the Northern Everglades
563 and Estuaries Protection Program as set forth in s. 373.4595.
564 From these funds, $32 million shall be distributed each fiscal
565 year through the 2023-2024 fiscal year to the South Florida
566 Water Management District for the Long-Term Plan as defined in
567 s. 373.4592(2). After deducting the $32 million distributed
568 under this subparagraph, from the funds remaining, a minimum of
569 the lesser of 76.5 percent or $100 million shall be appropriated
570 each fiscal year through the 2025-2026 fiscal year for the
571 planning, design, engineering, and construction of the
572 Comprehensive Everglades Restoration Plan as set forth in s.
573 373.470, including the Central Everglades Planning Project, the
574 Everglades Agricultural Area Storage Reservoir Project, the Lake
575 Okeechobee Watershed Project, the C-43 West Basin Storage
576 Reservoir Project, the Indian River Lagoon-South Project, the
577 Western Everglades Restoration Project, the C-111 South-Dade
578 Project, and the Picayune Strand Restoration Project subject to
579 Congressional authorization. The Department of Environmental
580 Protection and the South Florida Water Management District shall
581 give preference to those Everglades restoration projects that
582 reduce harmful discharges of water from Lake Okeechobee to the
583 St. Lucie or Caloosahatchee estuaries in a timely manner. For
584 the purpose of performing the calculation provided in this
585 subparagraph, the amount of debt service paid pursuant to
586 paragraph (a) for bonds issued after July 1, 2016, for the
587 purposes set forth under paragraph (b) shall be added to the
588 amount remaining after the payments required under paragraph
589 (a). The amount of the distribution calculated shall then be
590 reduced by an amount equal to the debt service paid pursuant to
591 paragraph (a) on bonds issued after July 1, 2016, for the
592 purposes set forth under this subparagraph.
593 2. A minimum of the lesser of 7.6 percent or $50 million
594 shall be appropriated annually for spring restoration,
595 protection, and management projects. For the purpose of
596 performing the calculation provided in this subparagraph, the
597 amount of debt service paid pursuant to paragraph (a) for bonds
598 issued after July 1, 2016, for the purposes set forth under
599 paragraph (b) shall be added to the amount remaining after the
600 payments required under paragraph (a). The amount of the
601 distribution calculated shall then be reduced by an amount equal
602 to the debt service paid pursuant to paragraph (a) on bonds
603 issued after July 1, 2016, for the purposes set forth under this
604 subparagraph.
605 3. The sum of $5 million shall be appropriated annually
606 each fiscal year through the 2025-2026 fiscal year to the St.
607 Johns River Water Management District for projects dedicated to
608 the restoration of Lake Apopka. This distribution shall be
609 reduced by an amount equal to the debt service paid pursuant to
610 paragraph (a) on bonds issued after July 1, 2016, for the
611 purposes set forth in this subparagraph.
612 4. The sum of $100 million is appropriated and shall be
613 transferred to the Everglades Trust Fund for the 2018-2019
614 fiscal year, and each fiscal year thereafter, for reservoir
615 projects that implement s. 373.4598. Any funds remaining in any
616 fiscal year shall be made available only for projects identified
617 in subparagraph 1. and must be used in accordance with laws
618 relating to such projects. Any funds made available for such
619 purposes in a fiscal year is in addition to the amount
620 appropriated under that subparagraph. This distribution shall be
621 reduced by an amount equal to the debt service paid pursuant to
622 paragraph (a) on bonds issued after July 1, 2017, for the
623 purposes set forth in this subparagraph.
624 Section 6. Section 403.890, Florida Statutes, is amended to
625 read:
626 403.890 Water Protection and Sustainability Program.—
627 (1) Revenues deposited into or appropriated to the Water
628 Protection and Sustainability Program Trust Fund shall be
629 distributed by the Department of Environmental Protection for
630 the following purposes in the following manner:
631 (a) (1) Sixty-five percent to the Department of
632 Environmental Protection for The implementation of an
633 alternative water supply program as provided in s. 373.707.
634 (b) The water storage facility revolving loan fund as
635 provided in s. 373.475.
636 (2) Revenues deposited into or appropriated to the Water
637 Protection and Sustainability Program Trust Fund for purposes of
638 the water storage facility revolving loan fund may only be used
639 for such purposes.
640 (2) Twenty-two and five-tenths percent for the
641 implementation of best management practices and capital project
642 expenditures necessary for the implementation of the goals of
643 the total maximum daily load program established in s. 403.067.
644 Of these funds, 83.33 percent shall be transferred to the credit
645 of the Department of Environmental Protection Water Quality
646 Assurance Trust Fund to address water quality impacts associated
647 with nonagricultural nonpoint sources. Sixteen and sixty-seven
648 hundredths percent of these funds shall be transferred to the
649 Department of Agriculture and Consumer Services General
650 Inspection Trust Fund to address water quality impacts
651 associated with agricultural nonpoint sources. These funds shall
652 be used for research, development, demonstration, and
653 implementation of the total maximum daily load program under s.
654 403.067, suitable best management practices or other measures
655 used to achieve water quality standards in surface waters and
656 water segments identified pursuant to s. 303(d) of the Clean
657 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
658 Implementation of best management practices and other measures
659 may include cost-share grants, technical assistance,
660 implementation tracking, and conservation leases or other
661 agreements for water quality improvement. The Department of
662 Environmental Protection and the Department of Agriculture and
663 Consumer Services may adopt rules governing the distribution of
664 funds for implementation of capital projects, best management
665 practices, and other measures. These funds shall not be used to
666 abrogate the financial responsibility of those point and
667 nonpoint sources that have contributed to the degradation of
668 water or land areas. Increased priority shall be given by the
669 department and the water management district governing boards to
670 those projects that have secured a cost-sharing agreement
671 allocating responsibility for the cleanup of point and nonpoint
672 sources.
673 (3) Twelve and five-tenths percent to the Department of
674 Environmental Protection for the Disadvantaged Small Community
675 Wastewater Grant Program as provided in s. 403.1838.
676 (3)(4) On June 30, 2009, and every 24 months thereafter,
677 the Department of Environmental Protection shall request the
678 return of all unencumbered funds distributed for the purposes of
679 the alternative water supply program pursuant to this section.
680 These funds shall be deposited into the Water Protection and
681 Sustainability Program Trust Fund and redistributed for such
682 purposes pursuant to the provisions of this section.
683 Section 7. Section 446.71, Florida Statutes, is created to
684 read:
685 446.71 Everglades Restoration Agricultural Community
686 Employment Training Program.—
687 (1) The Department of Economic Opportunity, in cooperation
688 with CareerSource Florida, Inc., shall establish the Everglades
689 Restoration Agricultural Community Employment Training Program
690 within the Department of Economic Opportunity. The Department of
691 Economic Opportunity shall use funds appropriated to the program
692 by the Legislature to provide grants to stimulate and support
693 training and employment programs that seek to match persons who
694 complete such training programs to nonagricultural employment
695 opportunities in areas of high agricultural unemployment, and to
696 provide other training, educational, and information services
697 necessary to stimulate the creation of jobs in the areas of high
698 agricultural unemployment.
699 (2) The Legislature supports projects that improve the
700 economy in the Everglades Agricultural Area. In recognition of
701 the employment opportunities and economic development generated
702 by new and expanding industries in the area, such as the
703 Airglades Airport in Hendry County and the development of an
704 inland port in Palm Beach County, the Legislature finds that
705 training the citizens of the state to fill the needs of these
706 industries significantly enhances the economic viability of the
707 region.
708 (3) Funds may be used for grants for tuition for public or
709 private technical or vocational programs and matching grants to
710 employers to conduct employer-based training programs, or for
711 the purchase of equipment to be used for training purposes, the
712 hiring of instructors, or any other purpose directly associated
713 with the program.
714 (4) The Department of Economic Opportunity may not award a
715 grant to any given training program which exceeds 50 percent of
716 the total cost of the program. Matching contributions may
717 include in-kind services, including, but not limited to, the
718 provision of training instructors, equipment, and training
719 facilities.
720 (5) The Department of Economic Opportunity may grant up to
721 100 percent of the tuition for a training program participant
722 primarily employed during 36 of the previous 60 months in the
723 Everglades Agricultural Area.
724 (6) Programs established in the Everglades Agricultural
725 Area must include opportunities to obtain the qualifications and
726 skills necessary for jobs related to federal and state
727 restoration projects, Airglades Airport in Hendry County, or an
728 inland port in Palm Beach County.
729 (7) The Department of Economic Opportunity shall adopt
730 rules to implement this section.
731 Section 8. Subsection (3) is added to section 946.511,
732 Florida Statutes, to read:
733 946.511 Inmate labor to operate correctional work
734 programs.—
735 (3) Beginning July 1, 2017, the use of inmates for
736 correctional work programs in the agricultural industry in the
737 EAA or in any area experiencing high unemployment rates in the
738 agricultural sector is prohibited. Any lease agreement relating
739 to land in the EAA leased to the Prison Rehabilitative
740 Industries and Diversified Enterprises, Inc., (PRIDE
741 Enterprises) for an agricultural work program is required to be
742 terminated in accordance with the terms of the lease agreement.
743 Section 9. The Division of Law Revision and Information is
744 directed to replace the phrase “the effective date of this act”
745 wherever it occurs in this act with the date the act becomes a
746 law.
747 Section 10. For the 2017-2018 fiscal year, the sum of $30
748 million in nonrecurring funds from the Land Acquisition Trust
749 Fund is appropriated to the Everglades Trust Fund for the
750 purposes of acquiring land or negotiating leases pursuant to s.
751 373.4598(4), Florida Statutes, or for any cost related to the
752 planning or construction of the EAA reservoir project as defined
753 in s. 373.4598, Florida Statutes.
754 Section 11. For the 2017-2018 fiscal year, the sum of $3
755 million in nonrecurring funds from the Land Acquisition Trust
756 Fund is appropriated to the Everglades Trust Fund for the
757 purposes of developing the post-authorization change report
758 pursuant to s. 373.4598, Florida Statutes, and the sum of $1
759 million in nonrecurring funds from the Land Acquisition Trust
760 Fund is appropriated to the Everglades Trust Fund for the
761 purposes of negotiating Phase II of the C-51 reservoir project
762 pursuant to s. 373.4598, Florida Statutes.
763 Section 12. For the 2017-2018 fiscal year, the sum of $30
764 million in nonrecurring funds from the Land Acquisition Trust
765 Fund is appropriated to the Water Resource Protection and
766 Sustainability Program Trust Fund for the purpose of
767 implementing Phase I of the C-51 reservoir project as a water
768 storage facility in accordance with ss. 373.4598 and 373.475,
769 Florida Statutes.
770 Section 13. This act shall take effect upon becoming a law.
771
772 ================= T I T L E A M E N D M E N T ================
773 And the title is amended as follows:
774 Delete everything before the enacting clause
775 and insert:
776 A bill to be entitled
777 An act relating to water resources; amending s.
778 201.15, F.S.; revising the requirements under which
779 certain bonds may be issued; amending s. 215.618,
780 F.S.; providing an exception to the requirement that
781 bonds issued for acquisition and improvement of land,
782 water areas, and related property interests and
783 resources be deposited into the Florida Forever Trust
784 Fund and distributed in a specified manner; creating
785 s. 373.4598, F.S.; providing legislative findings and
786 intent; defining terms; authorizing the South Florida
787 Water Management District and the Board of Trustees of
788 the Internal Improvement Trust Fund to negotiate the
789 amendment and termination of leases on lands within
790 the Everglades Agricultural Area for exchange or use
791 for the reservoir project; requiring certain lease
792 agreements for agricultural work programs to be
793 terminated in accordance with the lease terms;
794 requiring the district to identify certain lands;
795 requiring that the district contact the lessors or
796 landowners of any land identified by a certain date;
797 requiring the board to provide certain land to the
798 district; authorizing the district to acquire land
799 from willing sellers under certain circumstances;
800 prohibiting the total acreage necessary for additional
801 water treatment from exceeding the amount reasonably
802 required to meet state and federal water quality
803 standards; requiring the district to request that the
804 United States Army Corps of Engineers jointly develop
805 a post-authorization change report for the Central
806 Everglades Planning Project; providing requirements
807 for the report; requiring the district to report the
808 status of the report to the Legislature by a certain
809 date; requiring the district to terminate an option
810 agreement under certain circumstances; requiring the
811 district, in coordination with the corps, to begin the
812 planning study for the Everglades Agricultural Area
813 reservoir project by a certain date under specified
814 conditions; requiring the district to give hiring
815 preferences to certain displaced agricultural workers;
816 authorizing the district to negotiate with the owners
817 of the C-51 reservoir project; providing requirements
818 for the C-51 reservoir project if state funds are
819 appropriated for the project; authorizing certain
820 costs to be funded using Florida Forever bond proceeds
821 under certain circumstances; specifying how such bond
822 proceeds shall be deposited; authorizing the use of
823 state funds for the reservoir project; requiring the
824 district to seek additional sources of funding;
825 requiring the district to request the corps, in the
826 corps’ review of the regulation schedule, to consider
827 any repairs to the Herbert Hoover Dike and
828 implementation of certain projects to optimally
829 utilize the added storage capacity; creating s.
830 373.475, F.S.; providing legislative findings and
831 intent; defining terms; requiring the state, through
832 the Department of Environmental Protection, to provide
833 certain funding assistance to local governments and
834 water supply entities for the development and
835 construction of water storage facilities; requiring
836 the department to adopt rules; specifying required
837 documentation for local government or water supply
838 entities; specifying that recipients need not request
839 certain advance payment; authorizing technical
840 assistance from the department and water management
841 districts to local governments or water supply
842 entities for a certain purpose; specifying certain
843 loan funding minimums and term requirements; requiring
844 a report; authorizing certain audits and servicing
845 fees; providing that the Water Protection and
846 Sustainability Program Trust Fund must be used to
847 carry out the purposes of the water storage facility
848 revolving loan fund; specifying certain default and
849 compliance provisions; amending s. 375.041, F.S.;
850 requiring certain distributions to be made from the
851 Land Acquisition Trust Fund; amending s. 403.890,
852 F.S.; revising the purposes for which distributions
853 may be made from and to the Water Protection and
854 Sustainability Program Trust Fund; creating s. 446.71,
855 F.S.; requiring the Department of Economic
856 Opportunity, in cooperation with CareerSource Florida,
857 Inc., to establish the Everglades Restoration
858 Agricultural Community Employment Training Program
859 within the department; providing requirements for the
860 program; providing a legislative finding; specifying
861 award restrictions; requiring the department to adopt
862 rules; amending s. 946.511, F.S.; prohibiting the use
863 of inmates for correctional work programs in the
864 agricultural industry in certain areas; providing a
865 directive to the Division of Law Revision and
866 Information; providing appropriations; providing an
867 effective date.