Florida Senate - 2018                              CS for SB 370
       
       
        
       By the Committee on Appropriations; and Senators Bradley,
       Stewart, Perry, Bean, Taddeo, Mayfield, and Montford
       
       
       
       
       576-02024-18                                           2018370c1
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; requiring a specified
    4         annual appropriation to the Florida Forever Trust
    5         Fund; deleting an obsolete provision; prohibiting
    6         moneys from the Land Acquisition Trust Fund from being
    7         used for specified costs; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (3) and (4) of section 375.041,
   12  Florida Statutes, are amended to read:
   13         375.041 Land Acquisition Trust Fund.—
   14         (3) Funds distributed into the Land Acquisition Trust Fund
   15  pursuant to s. 201.15 shall be applied:
   16         (a) First, to pay debt service or to fund debt service
   17  reserve funds, rebate obligations, or other amounts payable with
   18  respect to Florida Forever bonds issued under s. 215.618; and
   19  pay debt service, provide reserves, and pay rebate obligations
   20  and other amounts due with respect to Everglades restoration
   21  bonds issued under s. 215.619; and
   22         (b) Of the funds remaining after the payments required
   23  under paragraph (a), but before funds may be appropriated,
   24  pledged, or dedicated for other uses:
   25         1. A minimum of the lesser of 25 percent or $200 million
   26  shall be appropriated annually for Everglades projects that
   27  implement the Comprehensive Everglades Restoration Plan as set
   28  forth in s. 373.470, including the Central Everglades Planning
   29  Project subject to Congressional authorization; the Long-Term
   30  Plan as defined in s. 373.4592(2); and the Northern Everglades
   31  and Estuaries Protection Program as set forth in s. 373.4595.
   32  From these funds, $32 million shall be distributed each fiscal
   33  year through the 2023-2024 fiscal year to the South Florida
   34  Water Management District for the Long-Term Plan as defined in
   35  s. 373.4592(2). After deducting the $32 million distributed
   36  under this subparagraph, from the funds remaining, a minimum of
   37  the lesser of 76.5 percent or $100 million shall be appropriated
   38  each fiscal year through the 2025-2026 fiscal year for the
   39  planning, design, engineering, and construction of the
   40  Comprehensive Everglades Restoration Plan as set forth in s.
   41  373.470, including the Central Everglades Planning Project, the
   42  Everglades Agricultural Area Storage Reservoir Project, the Lake
   43  Okeechobee Watershed Project, the C-43 West Basin Storage
   44  Reservoir Project, the Indian River Lagoon-South Project, the
   45  Western Everglades Restoration Project, and the Picayune Strand
   46  Restoration Project. The Department of Environmental Protection
   47  and the South Florida Water Management District shall give
   48  preference to those Everglades restoration projects that reduce
   49  harmful discharges of water from Lake Okeechobee to the St.
   50  Lucie or Caloosahatchee estuaries in a timely manner. For the
   51  purpose of performing the calculation provided in this
   52  subparagraph, the amount of debt service paid pursuant to
   53  paragraph (a) for bonds issued after July 1, 2016, for the
   54  purposes set forth under paragraph (b) shall be added to the
   55  amount remaining after the payments required under paragraph
   56  (a). The amount of the distribution calculated shall then be
   57  reduced by an amount equal to the debt service paid pursuant to
   58  paragraph (a) on bonds issued after July 1, 2016, for the
   59  purposes set forth under this subparagraph.
   60         2. A minimum of the lesser of 7.6 percent or $50 million
   61  shall be appropriated annually for spring restoration,
   62  protection, and management projects. For the purpose of
   63  performing the calculation provided in this subparagraph, the
   64  amount of debt service paid pursuant to paragraph (a) for bonds
   65  issued after July 1, 2016, for the purposes set forth under
   66  paragraph (b) shall be added to the amount remaining after the
   67  payments required under paragraph (a). The amount of the
   68  distribution calculated shall then be reduced by an amount equal
   69  to the debt service paid pursuant to paragraph (a) on bonds
   70  issued after July 1, 2016, for the purposes set forth under this
   71  subparagraph.
   72         3. The sum of $5 million shall be appropriated annually
   73  each fiscal year through the 2025-2026 fiscal year to the St.
   74  Johns River Water Management District for projects dedicated to
   75  the restoration of Lake Apopka. This distribution shall be
   76  reduced by an amount equal to the debt service paid pursuant to
   77  paragraph (a) on bonds issued after July 1, 2016, for the
   78  purposes set forth in this subparagraph.
   79         4. The sum of $64 million is appropriated and shall be
   80  transferred to the Everglades Trust Fund for the 2018-2019
   81  fiscal year, and each fiscal year thereafter, for the EAA
   82  reservoir project pursuant to s. 373.4598. Any funds remaining
   83  in any fiscal year shall be made available only for Phase II of
   84  the C-51 reservoir project or projects identified in
   85  subparagraph 1. and must be used in accordance with laws
   86  relating to such projects. Any funds made available for such
   87  purposes in a fiscal year are in addition to the amount
   88  appropriated under subparagraph 1. This distribution shall be
   89  reduced by an amount equal to the debt service paid pursuant to
   90  paragraph (a) on bonds issued after July 1, 2017, for the
   91  purposes set forth in this subparagraph.
   92         5. The sum of $100 million shall be appropriated annually
   93  to the Florida Forever Trust Fund Notwithstanding subparagraph
   94  3., for the 2017-2018 fiscal year, funds shall be appropriated
   95  as provided in the General Appropriations Act. This subparagraph
   96  expires July 1, 2018.
   97         (4) Any remaining moneys in the Land Acquisition Trust Fund
   98  which are not distributed as provided in subsection (3) may be
   99  appropriated from time to time for the purposes set forth in s.
  100  28, Art. X of the State Constitution except that moneys
  101  distributed from the Land Acquisition Trust Fund may not be used
  102  for costs associated with the following budget entities:
  103         (a) The Executive Direction and Support Services and the
  104  Technology and Information Services within the Department of
  105  Environmental Protection;
  106         (b) The Executive Direction and Support Services and the
  107  Office of Agriculture Technology Services within the Department
  108  of Agriculture and Consumer Services;
  109         (c) The Office of Executive Direction and Administrative
  110  Support Services within the Fish and Wildlife Conservation
  111  Commission; and
  112         (d) The Executive Direction and Support Services within the
  113  Department of State.
  114         Section 2. This act shall take effect July 1, 2018.