CS for SB 10 First Engrossed
201710e1
1 A bill to be entitled
2 An act relating to water resources; amending s.
3 201.15, F.S.; revising the requirements under which
4 certain bonds may be issued; amending s. 215.618,
5 F.S.; providing an exception to the requirement that
6 bonds issued for acquisition and improvement of land,
7 water areas, and related property interests and
8 resources be deposited into the Florida Forever Trust
9 Fund and distributed in a specified manner; creating
10 s. 373.4598, F.S.; providing legislative findings and
11 intent; defining terms; authorizing the South Florida
12 Water Management District and the Board of Trustees of
13 the Internal Improvement Trust Fund to negotiate the
14 amendment and termination of leases on lands within
15 the Everglades Agricultural Area for exchange or use
16 for the reservoir project; requiring certain lease
17 agreements for agricultural work programs to be
18 terminated in accordance with the lease terms;
19 requiring the district to identify certain lands;
20 requiring that the district contact the lessors or
21 landowners of any land identified by a certain date;
22 requiring the board to provide certain land to the
23 district; authorizing the district to acquire land
24 from willing sellers under certain circumstances;
25 prohibiting the total acreage necessary for additional
26 water treatment from exceeding the amount reasonably
27 required to meet state and federal water quality
28 standards; requiring the district to request that the
29 United States Army Corps of Engineers jointly develop
30 a post-authorization change report for the Central
31 Everglades Planning Project; providing requirements
32 for the report; requiring the district to report the
33 status of the report to the Legislature by a certain
34 date; requiring the district to terminate an option
35 agreement under certain circumstances; requiring the
36 district to request the corps to initiate the project
37 implementation report for the Everglades Agricultural
38 Area reservoir project by a certain date under
39 specified conditions; requiring the district to give
40 hiring preferences to certain displaced agricultural
41 workers; authorizing the district to negotiate with
42 the owners of the C-51 reservoir project; providing
43 requirements for the C-51 reservoir project if state
44 funds are appropriated for the project; authorizing
45 certain costs to be funded using Florida Forever bond
46 proceeds under certain circumstances; specifying how
47 such bond proceeds shall be deposited; authorizing the
48 use of state funds for the reservoir project;
49 requiring the district to seek additional sources of
50 funding; requiring the district to request the corps,
51 in the corps’ review of the regulation schedule, to
52 consider any repairs to the Herbert Hoover Dike and
53 implementation of certain projects to optimally
54 utilize the added storage capacity; creating s.
55 373.475, F.S.; providing legislative findings and
56 intent; defining terms; requiring the state, through
57 the Department of Environmental Protection, to provide
58 certain funding assistance to local governments and
59 water supply entities for the development and
60 construction of water storage facilities; requiring
61 the department to adopt rules; specifying required
62 documentation for local government or water supply
63 entities; specifying that recipients need not request
64 certain advance payment; authorizing technical
65 assistance from the department and water management
66 districts to local governments or water supply
67 entities for a certain purpose; specifying certain
68 loan funding minimums and term requirements; requiring
69 a report; authorizing certain audits and servicing
70 fees; providing that the Water Protection and
71 Sustainability Program Trust Fund must be used to
72 carry out the purposes of the water storage facility
73 revolving loan fund; specifying certain default and
74 compliance provisions; amending s. 375.041, F.S.;
75 requiring certain distributions to be made from the
76 Land Acquisition Trust Fund; amending s. 403.890,
77 F.S.; revising the purposes for which distributions
78 may be made from and to the Water Protection and
79 Sustainability Program Trust Fund; creating s. 446.71,
80 F.S.; requiring the Department of Economic
81 Opportunity, in cooperation with CareerSource Florida,
82 Inc., to establish the Everglades Restoration
83 Agricultural Community Employment Training Program
84 within the department; providing requirements for the
85 program; providing a legislative finding; specifying
86 award restrictions; requiring the department to adopt
87 rules; amending s. 946.511, F.S.; prohibiting the use
88 of inmates for correctional work programs in the
89 agricultural industry in certain areas; providing a
90 directive to the Division of Law Revision and
91 Information; providing appropriations; providing an
92 effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Paragraph (a) of subsection (3) of section
97 201.15, Florida Statutes, is amended to read:
98 201.15 Distribution of taxes collected.—All taxes collected
99 under this chapter are hereby pledged and shall be first made
100 available to make payments when due on bonds issued pursuant to
101 s. 215.618 or s. 215.619, or any other bonds authorized to be
102 issued on a parity basis with such bonds. Such pledge and
103 availability for the payment of these bonds shall have priority
104 over any requirement for the payment of service charges or costs
105 of collection and enforcement under this section. All taxes
106 collected under this chapter, except taxes distributed to the
107 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
108 are subject to the service charge imposed in s. 215.20(1).
109 Before distribution pursuant to this section, the Department of
110 Revenue shall deduct amounts necessary to pay the costs of the
111 collection and enforcement of the tax levied by this chapter.
112 The costs and service charge may not be levied against any
113 portion of taxes pledged to debt service on bonds to the extent
114 that the costs and service charge are required to pay any
115 amounts relating to the bonds. All of the costs of the
116 collection and enforcement of the tax levied by this chapter and
117 the service charge shall be available and transferred to the
118 extent necessary to pay debt service and any other amounts
119 payable with respect to bonds authorized before January 1, 2017,
120 secured by revenues distributed pursuant to this section. All
121 taxes remaining after deduction of costs shall be distributed as
122 follows:
123 (3) Amounts on deposit in the Land Acquisition Trust Fund
124 shall be used in the following order:
125 (a) Payment of debt service or funding of debt service
126 reserve funds, rebate obligations, or other amounts payable with
127 respect to Florida Forever bonds issued pursuant to s. 215.618.
128 The amount used for such purposes may not exceed $300 million in
129 each fiscal year. It is the intent of the Legislature that all
130 bonds issued to fund the Florida Forever Act be retired by
131 December 31, 2040. Except for bonds issued to refund previously
132 issued bonds, no series of bonds may be issued pursuant to this
133 paragraph unless such bonds are approved and the debt service
134 for the remainder of the fiscal year in which the bonds are
135 issued is specifically appropriated in the General
136 Appropriations Act or other law with respect to bonds issued for
137 the purposes of s. 373.4598.
138
139 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
140 and ratably secured by moneys distributable to the Land
141 Acquisition Trust Fund.
142 Section 2. Subsection (5) of section 215.618, Florida
143 Statutes, is amended to read:
144 215.618 Bonds for acquisition and improvement of land,
145 water areas, and related property interests and resources.—
146 (5) The proceeds from the sale of bonds issued pursuant to
147 this section, less the costs of issuance, the costs of funding
148 reserve accounts, and other costs with respect to the bonds,
149 shall be deposited into the Florida Forever Trust Fund. The bond
150 proceeds deposited into the Florida Forever Trust Fund shall be
151 distributed by the Department of Environmental Protection as
152 provided in s. 259.105. This subsection does not apply to
153 proceeds from the sale of bonds issued for the purposes of s.
154 373.4598.
155 Section 3. Section 373.4598, Florida Statutes, is created
156 to read:
157 373.4598 Water storage reservoirs.—
158 (1) LEGISLATIVE FINDINGS AND INTENT.—
159 (a) The Legislature declares that an emergency exists
160 regarding the St. Lucie and Caloosahatchee estuaries due to the
161 high-volume freshwater discharges to the east and west of the
162 lake. Such discharges have manifested in widespread algae
163 blooms, public health impacts, and extensive environmental harm
164 to wildlife and the aquatic ecosystem. These conditions, as
165 outlined in the state of emergency declared by the Governor
166 under Executive Orders 16-59, 16-155, and 16-156, threaten the
167 ecological integrity of the estuaries and the economic viability
168 of the state and affected communities.
169 (b) The Legislature finds that increasing water storage is
170 necessary to reduce the high-volume freshwater discharges from
171 the lake to the estuaries and restore the hydrological
172 connection to the Everglades. CERP projects necessary to reduce
173 the discharges and improve the flows to the Everglades should
174 receive priority funding, such as the Lake Okeechobee Watershed
175 project to the north of the lake; the Everglades Agricultural
176 Area reservoir project to the south of the lake; the C-43 West
177 Basin Reservoir Storage project to the west of the lake; and the
178 Indian River Lagoon-South project to the east of the lake.
179 (c) The Legislature finds that the rate of funding for CERP
180 must be increased if restoration will be achieved within the
181 timeframe originally envisioned and that the delay in
182 substantial progress toward completing critical elements of
183 restoration, such as southern storage, will cause irreparable
184 harm to natural systems and, ultimately, increase the cost of
185 restoration. A substantial commitment to the advancement of
186 projects identified as part of CERP will reduce ongoing
187 ecological damage to the St. Lucie and Caloosahatchee estuaries.
188 (d) The Legislature recognizes that the EAA reservoir
189 project was conditionally authorized in the Water Resources
190 Development Act of 2000 as a project component of CERP. Unless
191 other funding is available, the Legislature directs the
192 district, in the implementation of the reservoir project, to
193 abide by applicable state and federal law in order to do that
194 which is required to obtain federal credit under CERP. If the
195 district implements the EAA reservoir project as a project
196 component as defined in s. 373.1501, the district must abide by
197 all applicable state and federal law relating to such projects.
198 (e) This section is not intended to diminish the
199 commitments made by the state in chapter 2016-201, Laws of
200 Florida.
201 (2) DEFINITIONS.—As used in this section, the term:
202 (a) “A-1 parcel” means an area of district-owned land
203 located between the Miami Canal and North New River Canal
204 consisting of approximately 17,000 acres which is bordered to
205 the north by private agricultural lands, to the east by U.S.
206 Highway 27, to the south by Stormwater Treatment Area 3/4, and
207 to the west by the Holey Land Wildlife Management Area and the
208 A-2 parcel.
209 (b) “A-2 parcel” means an area of district-owned land
210 located between the Miami Canal and the North New River Canal
211 consisting of approximately 14,000 acres of land to the east of
212 the Miami Canal which is bordered to the north by private
213 agricultural lands, to the east by the A-1 parcel, and to the
214 south by the Holey Land Wildlife Management Area.
215 (c) “Board” means the Board of Trustees of the Internal
216 Improvement Trust Fund.
217 (d) “Central Everglades Planning Project” or “CEPP” means
218 the suite of CERP projects authorized as the “Central
219 Everglades” project in the Water Infrastructure Improvements for
220 the Nation Act, Public Law No: 114-322.
221 (e) “Comprehensive Everglades Restoration Plan” or “CERP”
222 has the same meaning as the term “comprehensive plan” as defined
223 in s. 373.470.
224 (f) “Corps” means the United States Army Corps of
225 Engineers.
226 (g) “District” means the South Florida Water Management
227 District.
228 (h) “Everglades Agricultural Area” or “EAA” has the same
229 meaning as in s. 373.4592.
230 (i) “EAA reservoir project” means the Everglades
231 Agricultural Area storage reservoir, known as Component G of
232 CERP. The term includes any necessary water quality features
233 that are required to meet state and federal water quality
234 standards.
235 (j) “Lake” means Lake Okeechobee.
236 (k) “Option agreement” means the Second Amended and
237 Restated Agreement for Sale and Purchase between the seller,
238 United States Sugar Corporation, SBG Farms, Inc., and Southern
239 Garden Groves Corporation, and the buyer, the South Florida
240 Water Management District, dated August 12, 2010.
241 (3) EAA LEASE AGREEMENTS.—
242 (a) The district and the board are authorized to negotiate
243 the amendment or termination of leases on lands within the EAA
244 for exchange or use for the EAA reservoir project. Any such
245 lease must be terminated in accordance with the lease terms or
246 upon the voluntary agreement of the lessor and lessee. In the
247 event of any such lease termination, the lessee must be
248 permitted to continue to farm on a field-by-field basis until
249 such time as the lessee’s operations are incompatible with
250 implementation of the EAA reservoir project, as reasonably
251 determined by the lessor. The district and the board may include
252 the swapping of land, assignment of leases, and other methods of
253 providing valuable consideration in negotiating the amendments
254 to or termination of such lease agreements.
255 (b) Any lease agreement relating to land in the EAA leased
256 to the Prison Rehabilitative Industries and Diversified
257 Enterprises, Inc., (PRIDE Enterprises) for an agricultural work
258 program is required to be terminated in accordance with the
259 terms of the lease agreement. Any such land previously leased
260 may be made available by the board to the district for exchange
261 for lands suitable for the EAA reservoir project or may be
262 leased for agricultural purposes. The terms of any such lease
263 must include provisions authorizing the lessor to terminate the
264 lease at any time during the lease term as to any portion, or
265 all of the premises, to be used for an environmental restoration
266 purpose. The terms of the lease may not require more than 1
267 year’s notice in order for such termination to be effective. Any
268 agricultural owner managing lands subject to an agreement with
269 PRIDE shall be given the right of first refusal in leasing any
270 such lands.
271 (c) If, after any termination of an EAA lease agreement,
272 ratoon, stubble, or residual crop remaining on the lease
273 premises is harvested or otherwise used by the lessor or any
274 third party, the lessee is entitled to be compensated for any
275 documented, unamortized planting costs, and any unamortized
276 capital costs associated with the lease and incurred prior to
277 notice.
278 (4) LAND ACQUISITION.—The Legislature declares that
279 acquiring land to increase water storage south of the lake is in
280 the public interest and that the governing board of the district
281 may acquire land, if necessary, to implement the EAA reservoir
282 project with the goal of providing at least 240,000 acre-feet of
283 water storage south of the lake. The use of eminent domain in
284 the EAA for the purpose of implementing the EAA reservoir
285 project is prohibited.
286 (a) Upon the effective date of this act, the district shall
287 identify the lessees of the approximately 3,200 acres of land
288 owned by the state or the district west of the A-2 parcel and
289 east of the Miami Canal and the private property owners of the
290 approximately 500 acres of land surrounded by such lands.
291 (b) By July 31, 2017, the district shall contact the
292 lessors and landowners of the land identified pursuant paragraph
293 (a) to express the district’s interest in acquiring land through
294 the purchase or exchange of lands or by the amendment or
295 termination of lease agreements. If land swaps or purchases are
296 necessary to assemble the required acreage, the participation of
297 private landowners must be voluntary. The district shall contact
298 the board to request that any lease of land identified pursuant
299 to paragraph (a), the title to which is vested in the board, be
300 amended or terminated. All appraisal reports, offers, and
301 counteroffers in relation to this subsection are confidential
302 and exempt from s. 119.07(1), as provided in s. 373.139.
303 (c) The board shall provide to the district, through direct
304 acquisition in fee or by a supplemental agreement, any land, the
305 title to which is vested in the board, that the district
306 identifies as necessary to construct the EAA reservoir project.
307 (d) The total acreage necessary for additional water
308 treatment may not exceed the amount reasonably required to meet
309 state and federal water quality standards as determined using
310 the water quality modeling tools of the district. The district
311 shall use the latest version of the Dynamic Model for Stormwater
312 Treatment Areas Model modeling tool and other modeling tools
313 that will be required in the planning and design of the EAA
314 reservoir project. If additional land not identified in
315 paragraph (a) is necessary for the EAA reservoir project, the
316 district shall acquire that land from willing sellers of
317 property in conjunction with the development of the
318 postauthorization change report.
319 (5) POST-AUTHORIZATION CHANGE REPORT.—
320 (a) The district is directed to request, by July 1, 2017,
321 that the corps jointly develop a post-authorization change
322 report with the district for CEPP to revise the project
323 component located on the A-2 parcel with the goal of increasing
324 water storage provided by the project component to a minimum of
325 240,000 acre-feet. Upon agreement with the corps, development of
326 the report must begin by August 1, 2017, and does not preclude
327 the implementation of the remaining CEPP project components.
328 (b) Using the A-2 parcel and the additional land identified
329 pursuant to paragraph (4)(a) and without modifying the A-1
330 parcel, the report must evaluate:
331 1. The optimal configuration of the EAA reservoir project
332 for providing at least 240,000 acre-feet of water storage; and
333 2. Any necessary increases in canal conveyance capacity to
334 reduce the discharges to the St. Lucie or Caloosahatchee
335 estuaries.
336 (c) If the district and the corps determine that an
337 alternate configuration of water storage and water quality
338 features providing for significantly more water storage, but no
339 less than 360,000 acre-feet of water storage, south of the lake
340 can be implemented on a footprint that includes modification to
341 the A-1 parcel, the district is authorized to recommend such an
342 alternative configuration in the report. Any such recommendation
343 must include sufficient water quality treatment capacity to meet
344 state and federal water quality standards.
345 (d) Pending congressional approval of the report, the
346 district may begin the preliminary planning or construction of,
347 or modification to, the project site to the extent appropriate,
348 subject to the availability of funding. Upon receipt of
349 congressional approval of the report, construction of the EAA
350 reservoir project shall be completed parallel with construction
351 of the other CEPP project components, subject to the
352 availability of funding.
353 (e) The district must report the status of the post
354 authorization change report to the Legislature by January 9,
355 2018. The report must include information on the district’s
356 ability to obtain lease modifications and land acquisitions as
357 provided in subsection (4). If the district in good faith
358 believes that the post-authorization change report will receive
359 ultimate approval but that an extension of the deadline provided
360 in paragraph (7)(a) is needed, the district must include such a
361 request in its report and may be granted an extension by the
362 Legislature. Any such extension must include a corresponding
363 date by which the district, in coordination with the corps, must
364 begin the planning study for the EAA reservoir project and
365 proceed with the A-2 parcel project component of CEPP in
366 accordance with paragraph (7)(a).
367 (6) OPTION AGREEMENT.—The district must terminate the
368 option agreement at the request of the seller if:
369 (a) The post-authorization change report receives
370 congressional approval; or
371 (b) The district certifies to the board, the President of
372 the Senate, and the Speaker of the House of Representatives that
373 the acquisition of the land necessary for the EAA reservoir
374 project, as provided in subsection (4), has been completed.
375 (7) PLANNING STUDY.—
376 (a) If, for any reason, the post-authorization change
377 report is not approved by the corps and submitted for
378 congressional approval by October 1, 2018, or the post
379 authorization change report has not received congressional
380 approval by December 31, 2019, the district, unless granted an
381 extension by the Legislature, must request the corps to initiate
382 a project implementation report, as defined in s. 373.470, for
383 the EAA reservoir project and the district may proceed with the
384 implementation of CEPP project components in accordance with the
385 final project implementation report.
386 (b) The district, when developing the project
387 implementation report, must focus on the goals of the EAA
388 reservoir project as identified in CERP, which include providing
389 additional water storage and conveyance south of the lake to
390 reduce the volume of regulatory discharges of water from the
391 lake to the east and west.
392 (c) Upon completion of the planning study and the
393 finalization of the project implementation report, as defined in
394 s. 373.470, the district, in coordination with the corps, shall
395 seek congressional authorization for the EAA reservoir project.
396 (8) AGRICULTURAL WORKERS.—The district shall give
397 preferential consideration to the hiring of former agricultural
398 workers primarily employed during 36 of the past 60 months in
399 the Everglades Agricultural Area, consistent with their
400 qualifications and abilities, for the construction and operation
401 of the EAA reservoir project. Any contract or subcontract for
402 the construction and operation of the EAA reservoir project in
403 which 50 percent or more of the cost is paid from state
404 appropriated funds must provide preference and priority in the
405 hiring of such agricultural workers. The district shall give
406 preferential consideration to contract proposals that include in
407 the contractor’s hiring practices training programs for such
408 workers.
409 (9) C-51 RESERVOIR PROJECT.—
410 (a) The C-51 reservoir project is a water storage facility
411 as defined in s. 373.475. The C-51 reservoir project is located
412 in western Palm Beach County south of the lake and consists of
413 in-ground reservoirs and conveyance structures that will provide
414 water supply and water management benefits to participating
415 water supply utilities and will also provide environmental
416 benefits by reducing freshwater discharges to tide and making
417 water available for natural systems.
418 (b) Phase I of the project will provide approximately
419 14,000 acre-feet of storage and will hydraulically connect to
420 the district’s L-8 Flow Equalization Basin. Phase II of the
421 project will provide approximately 46,000 acre-feet of water
422 storage, for a total increase of 60,000 acre-feet of water
423 storage.
424 (c) For Phase II of the C-51 reservoir project, the
425 district may negotiate with the owners of the C-51 reservoir
426 project site for the acquisition of the project or to enter into
427 a publicprivate partnership. The district may acquire land near
428 the C-51 reservoir through the purchase or exchange of land that
429 is owned by the district or the state as necessary to implement
430 Phase II of the project. The state and the district may consider
431 potential swaps of land that is owned by the state or the
432 district to achieve an optimal combination of water quality and
433 water storage. The district may not exercise eminent domain for
434 the purpose of implementing the C-51 reservoir project.
435 (d) If state funds are appropriated for Phase I or Phase II
436 of the C-51 reservoir project:
437 1. The district shall operate the reservoir to maximize the
438 reduction of high-volume Lake Okeechobee regulatory releases to
439 the St. Lucie or Caloosahatchee estuaries, in addition to
440 providing relief to the Lake Worth Lagoon;
441 2. Water made available by the reservoir shall be used for
442 natural systems in addition to any allocated amounts for water
443 supply; and
444 3. Any water received from Lake Okeechobee may not be
445 available to support consumptive use permits.
446 (e) Phase I of the C-51 reservoir project may be funded
447 through the water storage facility revolving loan fund as
448 provided in s. 373.475. Phase II of the C-51 reservoir project
449 may be funded pursuant to this section, pursuant to s. 373.475,
450 as a project component of CERP, or pursuant to s.
451 375.041(3)(b)4.
452 (10) FUNDING.—
453 (a) The Legislature determines that the authorization and
454 issuance of Florida Forever bonds for the purposes of this
455 section is in the best interest of the state and determines that
456 water storage reservoir projects should be implemented.
457 (b) Any cost related to this section, including, but not
458 limited to, the costs for land acquisition, planning,
459 construction, and operation and maintenance, may be funded using
460 proceeds from Florida Forever bonds issued under s. 215.618, in
461 an amount of up to 1.2 billion, as authorized under that
462 section. The bond proceeds from bonds issued for the purposes of
463 this section shall be deposited into the Everglades Trust Fund.
464 (c) Notwithstanding s. 373.026(8)(b) or any other provision
465 of law, the use of state funds is authorized for the EAA
466 reservoir project.
467 (d) The district shall actively seek additional sources of
468 funding, including federal funding, for the reservoir project.
469 (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district
470 shall request that the corps pursue the reevaluation of the Lake
471 Okeechobee Regulation Schedule as expeditiously as possible,
472 taking into consideration the repairs made to the Herbert Hoover
473 Dike and implementation of projects designed to reduce
474 highvolume freshwater discharges from the lake, in order to
475 optimally utilize the added water storage capacity to reduce the
476 high-volume freshwater discharges to the St. Lucie and
477 Caloosahatchee estuaries.
478 Section 4. Section 373.475, Florida Statutes, is created to
479 read:
480 373.475 Water storage facility revolving loan fund.—
481 (1)(a) In recognition that waters of the state are among
482 the state’s most basic resources, the Legislature declares that
483 such waters should be managed to conserve and protect water
484 resources and to realize the full beneficial use of such
485 resources.
486 (b) As natural storage within the system has been lost due
487 to development, the Legislature finds that additional natural or
488 man-made water storage is required to capture and prevent water
489 from being discharged to tide or otherwise lost.
490 (c) The Legislature finds that establishing infrastructure
491 financing and providing technical assistance to local
492 governments or water supply entities for water storage
493 facilities is necessary to conserve and protect the waters of
494 the state.
495 (2) For purposes of this section, the term:
496 (a) “Local governmental agency” means any municipality,
497 county, district, or authority, or any agency thereof, or a
498 combination of such, acting jointly in connection with a
499 project, which has jurisdiction over a water storage facility.
500 (b) “Water storage facility” or “facility” means all
501 facilities, including land, necessary for an above-ground or in
502 ground reservoir. Such facilities may be publicly owned,
503 privately owned, investor-owned, or cooperatively held.
504 (3) The state, through the department, shall provide
505 funding assistance to local governments or water supply entities
506 for the development and construction of water storage facilities
507 to increase the availability of sufficient water for all
508 existing and future reasonable-beneficial uses and natural
509 systems.
510 (a) The department may make loans, provide loan guarantees,
511 purchase loan insurance, and refinance local debt through the
512 issue of new loans for water storage facilities approved by the
513 department. Local governments or water supply entities may
514 borrow funds made available pursuant to this section and may
515 pledge any revenues or other adequate security available to them
516 to repay any funds borrowed.
517 (b) The department may award loan amounts for up to 75
518 percent of the costs of planning, designing, constructing,
519 upgrading, or replacing water resource infrastructure or
520 facilities, whether natural or man-made, including the
521 acquisition of real property for water storage facilities.
522 (4) Subject to appropriation, the department shall adopt
523 rules to carry out the purposes of this section. Such rules
524 must:
525 (a) Establish a priority system for loans based on
526 compliance with state requirements. The priority system must
527 give special consideration to:
528 1. Projects that provide for the development of alternative
529 water supply projects and management techniques in areas where
530 existing source waters are limited or threatened by saltwater
531 intrusion, excessive drawdowns, contamination, or other
532 problems;
533 2. Projects that contribute to the sustainability of
534 regional water sources;
535 3. Projects that produce additional water available for
536 consumptive uses or natural systems;
537 4. Projects that diversify water supply so that the needs
538 of consumptive uses and the natural system are met during wet
539 and dry conditions; or
540 5. Projects that provide flexibility in addressing the
541 unpredictability of water conditions from water year to water
542 year.
543 (b) Establish the requirements for the award and repayment
544 of financial assistance.
545 (c) Require evidence of credit worthiness and adequate
546 security, including an identification of revenues to be pledged
547 and documentation of their sufficiency for loan repayment and
548 pledged revenue coverage to ensure that each loan recipient can
549 meet its loan repayment requirements.
550 (d) Require each project receiving financial assistance to
551 be cost-effective, environmentally sound, and implementable.
552 (e) Require each project to be self-supporting if the
553 project is primarily for the purpose of water supply for
554 consumptive use.
555 (5) Before approval of a loan, the local government or
556 water supply entity must, at a minimum, submit all of the
557 following to the department:
558 (a) A repayment schedule.
559 (b) Evidence of the permittability or implementability of
560 the facility proposed for financial assistance.
561 (c) Plans and specifications, biddable contract documents,
562 or other documentation of appropriate procurement of goods and
563 services.
564 (d) Written assurance that records will be kept using
565 generally accepted accounting principles and that the department
566 or its agents and the Auditor General will have access to all
567 records pertaining to the loan.
568 (e) If the facility is required to be self-supporting
569 according to paragraph (4)(e), documentation that it will be
570 self-supporting.
571 (f) Documentation that the water management district within
572 whose boundaries the facility will be located has approved the
573 facility. If the facility crosses jurisdictional boundaries,
574 approval from each applicable district must be documented and
575 provided to the department.
576 (6) Recipients of financial assistance under this section
577 may receive disbursements based on invoiced costs and are not
578 required to request advance payment pursuant to s. 216.181(16).
579 Proof of payment of invoiced costs must be submitted before or
580 concurrent with the recipient’s next disbursement request.
581 (7) The department and water management districts are
582 authorized to provide technical assistance to local governments
583 or water supply entities for water storage facilities funded
584 pursuant to this section.
585 (8) The minimum amount of a loan is $75,000. The term of
586 loans made pursuant to this section may not exceed 30 years.
587 (9) As part of the report required under s. 403.8532, the
588 department shall prepare a report at the end of each fiscal year
589 which details the financial assistance provided under this
590 section, service fees collected, interest earned, and loans
591 outstanding.
592 (10) The department may conduct an audit of the loan
593 project upon completion, or may require that a separate project
594 audit, prepared by an independent certified public accountant,
595 be submitted.
596 (11) The department may require reasonable service fees on
597 loans made to local governments or water supply entities to
598 ensure that the program will be operated in perpetuity and to
599 implement the purposes authorized under this section. Service
600 fees may not be less than 2 percent or greater than 4 percent of
601 the loan amount exclusive of the service fee. Service fee
602 revenues shall be deposited into the department’s Grants and
603 Donations Trust Fund. The fee revenues, and interest earnings
604 thereon, shall be used exclusively for the purposes of this
605 section.
606 (12) The Water Protection and Sustainability Program Trust
607 Fund established under s. 403.891 shall be used for the purposes
608 of this section. Any funds that are not needed for immediate
609 financial assistance shall be invested pursuant to s. 215.49.
610 State funds and investment earnings shall be deposited into the
611 fund. The principal and interest of all loans repaid, and
612 investment earnings thereon, shall be deposited into the fund.
613 (13)(a) If a local governmental agency defaults under the
614 terms of its loan agreement, the department shall so certify to
615 the Chief Financial Officer, who shall forward the amount
616 delinquent to the department from any unobligated funds due to
617 the local governmental agency under any revenue-sharing or tax
618 sharing fund established by the state, except as otherwise
619 provided by the State Constitution. Certification of delinquency
620 does not preclude the department from pursuing other remedies
621 available for default on a loan, including accelerating loan
622 repayments, eliminating all or part of the interest rate subsidy
623 on the loan, and court appointment of a receiver to manage the
624 public water system.
625 (b) If a water storage facility owned by a person other
626 than a local governmental agency defaults under the terms of its
627 loan agreement, the department may take all actions available
628 under law to remedy the default.
629 (c) The department may impose a penalty for delinquent loan
630 payments in the amount of 6 percent of the amount due, in
631 addition to charging the cost to handle and process the debt.
632 Penalty interest accrues on any amount due and payable beginning
633 on the 30th day following the date that the payment was due.
634 (14) The department may terminate or rescind a financial
635 assistance agreement if the recipient fails to comply with the
636 terms and conditions of the agreement.
637 Section 5. Subsection (3) of section 375.041, Florida
638 Statutes, is amended to read:
639 375.041 Land Acquisition Trust Fund.—
640 (3) Funds distributed into the Land Acquisition Trust Fund
641 pursuant to s. 201.15 shall be applied:
642 (a) First, to pay debt service or to fund debt service
643 reserve funds, rebate obligations, or other amounts payable with
644 respect to Florida Forever bonds issued under s. 215.618; and
645 pay debt service, provide reserves, and pay rebate obligations
646 and other amounts due with respect to Everglades restoration
647 bonds issued under s. 215.619; and
648 (b) Of the funds remaining after the payments required
649 under paragraph (a), but before funds may be appropriated,
650 pledged, or dedicated for other uses:
651 1. A minimum of the lesser of 25 percent or $200 million
652 shall be appropriated annually for Everglades projects that
653 implement the Comprehensive Everglades Restoration Plan as set
654 forth in s. 373.470, including the Central Everglades Planning
655 Project subject to Congressional authorization; the Long-Term
656 Plan as defined in s. 373.4592(2); and the Northern Everglades
657 and Estuaries Protection Program as set forth in s. 373.4595.
658 From these funds, $32 million shall be distributed each fiscal
659 year through the 2023-2024 fiscal year to the South Florida
660 Water Management District for the Long-Term Plan as defined in
661 s. 373.4592(2). After deducting the $32 million distributed
662 under this subparagraph, from the funds remaining, a minimum of
663 the lesser of 76.5 percent or $100 million shall be appropriated
664 each fiscal year through the 2025-2026 fiscal year for the
665 planning, design, engineering, and construction of the
666 Comprehensive Everglades Restoration Plan as set forth in s.
667 373.470, including the Central Everglades Planning Project, the
668 Everglades Agricultural Area Storage Reservoir Project, the Lake
669 Okeechobee Watershed Project, the C-43 West Basin Storage
670 Reservoir Project, the Indian River Lagoon-South Project, the
671 Western Everglades Restoration Project, the C-111 South-Dade
672 Project, and the Picayune Strand Restoration Project subject to
673 Congressional authorization. The Department of Environmental
674 Protection and the South Florida Water Management District shall
675 give preference to those Everglades restoration projects that
676 reduce harmful discharges of water from Lake Okeechobee to the
677 St. Lucie or Caloosahatchee estuaries in a timely manner. For
678 the purpose of performing the calculation provided in this
679 subparagraph, the amount of debt service paid pursuant to
680 paragraph (a) for bonds issued after July 1, 2016, for the
681 purposes set forth under paragraph (b) shall be added to the
682 amount remaining after the payments required under paragraph
683 (a). The amount of the distribution calculated shall then be
684 reduced by an amount equal to the debt service paid pursuant to
685 paragraph (a) on bonds issued after July 1, 2016, for the
686 purposes set forth under this subparagraph.
687 2. A minimum of the lesser of 7.6 percent or $50 million
688 shall be appropriated annually for spring restoration,
689 protection, and management projects. For the purpose of
690 performing the calculation provided in this subparagraph, the
691 amount of debt service paid pursuant to paragraph (a) for bonds
692 issued after July 1, 2016, for the purposes set forth under
693 paragraph (b) shall be added to the amount remaining after the
694 payments required under paragraph (a). The amount of the
695 distribution calculated shall then be reduced by an amount equal
696 to the debt service paid pursuant to paragraph (a) on bonds
697 issued after July 1, 2016, for the purposes set forth under this
698 subparagraph.
699 3. The sum of $5 million shall be appropriated annually
700 each fiscal year through the 2025-2026 fiscal year to the St.
701 Johns River Water Management District for projects dedicated to
702 the restoration of Lake Apopka. This distribution shall be
703 reduced by an amount equal to the debt service paid pursuant to
704 paragraph (a) on bonds issued after July 1, 2016, for the
705 purposes set forth in this subparagraph.
706 4. The sum of $100 million is appropriated and shall be
707 transferred to the Everglades Trust Fund for the 2018-2019
708 fiscal year, and each fiscal year thereafter, for reservoir
709 projects that implement s. 373.4598. Any funds remaining in any
710 fiscal year shall be made available only for projects identified
711 in subparagraph 1. and must be used in accordance with laws
712 relating to such projects. Any funds made available for such
713 purposes in a fiscal year is in addition to the amount
714 appropriated under that subparagraph. This distribution shall be
715 reduced by an amount equal to the debt service paid pursuant to
716 paragraph (a) on bonds issued after July 1, 2017, for the
717 purposes set forth in this subparagraph.
718 Section 6. Section 403.890, Florida Statutes, is amended to
719 read:
720 403.890 Water Protection and Sustainability Program.—
721 (1) Revenues deposited into or appropriated to the Water
722 Protection and Sustainability Program Trust Fund shall be
723 distributed by the Department of Environmental Protection for
724 the following purposes in the following manner:
725 (a) (1) Sixty-five percent to the Department of
726 Environmental Protection for The implementation of an
727 alternative water supply program as provided in s. 373.707.
728 (b) The water storage facility revolving loan fund as
729 provided in s. 373.475.
730 (2) Revenues deposited into or appropriated to the Water
731 Protection and Sustainability Program Trust Fund for purposes of
732 the water storage facility revolving loan fund may only be used
733 for such purposes.
734 (2) Twenty-two and five-tenths percent for the
735 implementation of best management practices and capital project
736 expenditures necessary for the implementation of the goals of
737 the total maximum daily load program established in s. 403.067.
738 Of these funds, 83.33 percent shall be transferred to the credit
739 of the Department of Environmental Protection Water Quality
740 Assurance Trust Fund to address water quality impacts associated
741 with nonagricultural nonpoint sources. Sixteen and sixty-seven
742 hundredths percent of these funds shall be transferred to the
743 Department of Agriculture and Consumer Services General
744 Inspection Trust Fund to address water quality impacts
745 associated with agricultural nonpoint sources. These funds shall
746 be used for research, development, demonstration, and
747 implementation of the total maximum daily load program under s.
748 403.067, suitable best management practices or other measures
749 used to achieve water quality standards in surface waters and
750 water segments identified pursuant to s. 303(d) of the Clean
751 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
752 Implementation of best management practices and other measures
753 may include cost-share grants, technical assistance,
754 implementation tracking, and conservation leases or other
755 agreements for water quality improvement. The Department of
756 Environmental Protection and the Department of Agriculture and
757 Consumer Services may adopt rules governing the distribution of
758 funds for implementation of capital projects, best management
759 practices, and other measures. These funds shall not be used to
760 abrogate the financial responsibility of those point and
761 nonpoint sources that have contributed to the degradation of
762 water or land areas. Increased priority shall be given by the
763 department and the water management district governing boards to
764 those projects that have secured a cost-sharing agreement
765 allocating responsibility for the cleanup of point and nonpoint
766 sources.
767 (3) Twelve and five-tenths percent to the Department of
768 Environmental Protection for the Disadvantaged Small Community
769 Wastewater Grant Program as provided in s. 403.1838.
770 (3)(4) On June 30, 2009, and every 24 months thereafter,
771 the Department of Environmental Protection shall request the
772 return of all unencumbered funds distributed for the purposes of
773 the alternative water supply program pursuant to this section.
774 These funds shall be deposited into the Water Protection and
775 Sustainability Program Trust Fund and redistributed for such
776 purposes pursuant to the provisions of this section.
777 Section 7. Section 446.71, Florida Statutes, is created to
778 read:
779 446.71 Everglades Restoration Agricultural Community
780 Employment Training Program.—
781 (1) The Department of Economic Opportunity, in cooperation
782 with CareerSource Florida, Inc., shall establish the Everglades
783 Restoration Agricultural Community Employment Training Program
784 within the Department of Economic Opportunity. The Department of
785 Economic Opportunity shall use funds appropriated to the program
786 by the Legislature to provide grants to stimulate and support
787 training and employment programs that seek to match persons who
788 complete such training programs to nonagricultural employment
789 opportunities in areas of high agricultural unemployment, and to
790 provide other training, educational, and information services
791 necessary to stimulate the creation of jobs in the areas of high
792 agricultural unemployment. In determining whether to provide
793 funds to a particular program, the Department of Economic
794 Opportunity shall consider the location of the program in
795 proximity to the program’s intended participants.
796 (2) The Legislature supports projects that improve the
797 economy in the Everglades Agricultural Area. In recognition of
798 the employment opportunities and economic development generated
799 by new and expanding industries in the area, such as the
800 Airglades Airport in Hendry County and the development of an
801 inland port in Palm Beach County, the Legislature finds that
802 training the citizens of the state to fill the needs of these
803 industries significantly enhances the economic viability of the
804 region.
805 (3) Funds may be used for grants for tuition for public or
806 private technical or vocational programs and matching grants to
807 employers to conduct employer-based training programs, or for
808 the purchase of equipment to be used for training purposes, the
809 hiring of instructors, or any other purpose directly associated
810 with the program.
811 (4) The Department of Economic Opportunity may not award a
812 grant to any given training program which exceeds 50 percent of
813 the total cost of the program, unless the training program is
814 located within a rural area of opportunity, in which case the
815 grant may exceed 50 percent of the total cost of the program and
816 up to 100 percent. Matching contributions may include in-kind
817 services, including, but not limited to, the provision of
818 training instructors, equipment, and training facilities.
819 (5) Prior to granting a request for funds made in
820 accordance with this section, the Department of Economic
821 Opportunity shall enter into a grant agreement with the
822 requestor of funds and the institution receiving funding through
823 the program. Such agreement must include all of the following
824 information:
825 (a) An identification of the personnel necessary to conduct
826 the instructional program, the qualifications of such personnel,
827 and the respective responsibilities of the parties for paying
828 costs associated with the employment of such personnel.
829 (b) An identification of the estimated length of the
830 instructional program.
831 (c) An identification of all direct, training-related
832 costs, including tuition and fees, curriculum development, books
833 and classroom materials, and overhead or indirect costs.
834 (d) An identification of special program requirements that
835 are not otherwise addressed in the agreement.
836 (6) The Department of Economic Opportunity may grant up to
837 100 percent of the tuition for a training program participant
838 who currently resides, and has resided for at least three of the
839 five immediately preceding years within the Everglades
840 Agricultural Area as described in s. 373.4592 and in counties
841 that provide for water storage and dispersed water storage that
842 is located in Rural Areas of Opportunity as described in s.
843 288.0656.
844 (7) Programs established in the Everglades Agricultural
845 Area must include opportunities to obtain the qualifications and
846 skills necessary for jobs related to federal and state
847 restoration projects, the Airglades Airport in Hendry County, an
848 inland port in Palm Beach County, or other industries with
849 verifiable, demonstrated interest in operating within the
850 Everglades Agricultural Area and in counties that provide for
851 water storage and dispersed water storage that is located in
852 Rural Areas of Opportunity as described in s. 288.0656.
853 (8) The Department of Economic Opportunity shall adopt
854 rules to implement this section.
855 Section 8. Subsection (3) is added to section 946.511,
856 Florida Statutes, to read:
857 946.511 Inmate labor to operate correctional work
858 programs.—
859 (3) Beginning July 1, 2017, the use of inmates for
860 correctional work programs in the agricultural industry in the
861 EAA or in any area experiencing high unemployment rates in the
862 agricultural sector is prohibited. Any lease agreement relating
863 to land in the EAA leased to the Prison Rehabilitative
864 Industries and Diversified Enterprises, Inc., (PRIDE
865 Enterprises) for an agricultural work program is required to be
866 terminated in accordance with the terms of the lease agreement.
867 Section 9. The Division of Law Revision and Information is
868 directed to replace the phrase “the effective date of this act”
869 wherever it occurs in this act with the date the act becomes a
870 law.
871 Section 10. For the 2017-2018 fiscal year, the sum of $30
872 million in nonrecurring funds from the Land Acquisition Trust
873 Fund is appropriated to the Everglades Trust Fund for the
874 purposes of acquiring land or negotiating leases pursuant to s.
875 373.4598(4), Florida Statutes, or for any cost related to the
876 planning or construction of the EAA reservoir project as defined
877 in s. 373.4598, Florida Statutes.
878 Section 11. For the 2017-2018 fiscal year, the sum of $3
879 million in nonrecurring funds from the Land Acquisition Trust
880 Fund is appropriated to the Everglades Trust Fund for the
881 purposes of developing the post-authorization change report
882 pursuant to s. 373.4598, Florida Statutes, and the sum of $1
883 million in nonrecurring funds from the Land Acquisition Trust
884 Fund is appropriated to the Everglades Trust Fund for the
885 purposes of negotiating Phase II of the C-51 reservoir project
886 pursuant to s. 373.4598, Florida Statutes.
887 Section 12. For the 2017-2018 fiscal year, the sum of $30
888 million in nonrecurring funds from the Land Acquisition Trust
889 Fund is appropriated to the Water Resource Protection and
890 Sustainability Program Trust Fund for the purpose of
891 implementing Phase I of the C-51 reservoir project as a water
892 storage facility in accordance with ss. 373.4598 and 373.475,
893 Florida Statutes.
894 Section 13. This act shall take effect upon becoming a law.
895