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         373.4598Water 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 facilityor “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         446.71Everglades 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