Florida Senate - 2019 SB 368
By Senator Harrell
25-00938-19 2019368__
1 A bill to be entitled
2 An act relating to the Land Acquisition Trust Fund;
3 amending s. 375.041, F.S.; providing an appropriation
4 for certain projects related to the Indian River
5 Lagoon Comprehensive Conservation and Management Plan;
6 authorizing the Department of Environmental Protection
7 to make grants for such projects; requiring the
8 department to submit an annual report to the Governor
9 and Legislature; removing an obsolete provision;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (3) of section 375.041, Florida
15 Statutes, is amended to read:
16 375.041 Land Acquisition Trust Fund.—
17 (3) Funds distributed into the Land Acquisition Trust Fund
18 pursuant to s. 201.15 shall be applied:
19 (a) First, to pay debt service or to fund debt service
20 reserve funds, rebate obligations, or other amounts payable with
21 respect to Florida Forever bonds issued under s. 215.618; and
22 pay debt service, provide reserves, and pay rebate obligations
23 and other amounts due with respect to Everglades restoration
24 bonds issued under s. 215.619; and
25 (b) Of the funds remaining after the payments required
26 under paragraph (a), but before funds may be appropriated,
27 pledged, or dedicated for other uses:
28 1. A minimum of the lesser of 25 percent or $200 million
29 shall be appropriated annually for Everglades projects that
30 implement the Comprehensive Everglades Restoration Plan as set
31 forth in s. 373.470, including the Central Everglades Planning
32 Project subject to Congressional authorization; the Long-Term
33 Plan as defined in s. 373.4592(2); and the Northern Everglades
34 and Estuaries Protection Program as set forth in s. 373.4595.
35 From these funds, $32 million shall be distributed each fiscal
36 year through the 2023-2024 fiscal year to the South Florida
37 Water Management District for the Long-Term Plan as defined in
38 s. 373.4592(2). After deducting the $32 million distributed
39 under this subparagraph, from the funds remaining, a minimum of
40 the lesser of 76.5 percent or $100 million shall be appropriated
41 each fiscal year through the 2025-2026 fiscal year for the
42 planning, design, engineering, and construction of the
43 Comprehensive Everglades Restoration Plan as set forth in s.
44 373.470, including the Central Everglades Planning Project, the
45 Everglades Agricultural Area Storage Reservoir Project, the Lake
46 Okeechobee Watershed Project, the C-43 West Basin Storage
47 Reservoir Project, the Indian River Lagoon-South Project, the
48 Western Everglades Restoration Project, and the Picayune Strand
49 Restoration Project. The Department of Environmental Protection
50 and the South Florida Water Management District shall give
51 preference to those Everglades restoration projects that reduce
52 harmful discharges of water from Lake Okeechobee to the St.
53 Lucie or Caloosahatchee estuaries in a timely manner. For the
54 purpose of performing the calculation provided in this
55 subparagraph, the amount of debt service paid pursuant to
56 paragraph (a) for bonds issued after July 1, 2016, for the
57 purposes set forth under this paragraph (b) shall be added to
58 the amount remaining after the payments required under paragraph
59 (a). The amount of the distribution calculated shall then be
60 reduced by an amount equal to the debt service paid pursuant to
61 paragraph (a) on bonds issued after July 1, 2016, for the
62 purposes set forth under this subparagraph.
63 2. A minimum of the lesser of 7.6 percent or $50 million
64 shall be appropriated annually for spring restoration,
65 protection, and management projects. For the purpose of
66 performing the calculation provided in this subparagraph, the
67 amount of debt service paid pursuant to paragraph (a) for bonds
68 issued after July 1, 2016, for the purposes set forth under this
69 paragraph (b) shall be added to the amount remaining after the
70 payments required under paragraph (a). The amount of the
71 distribution calculated shall then be reduced by an amount equal
72 to the debt service paid pursuant to paragraph (a) on bonds
73 issued after July 1, 2016, for the purposes set forth under this
74 subparagraph.
75 3. The sum of $5 million shall be appropriated annually
76 each fiscal year through the 2025-2026 fiscal year to the St.
77 Johns River Water Management District for projects dedicated to
78 the restoration of Lake Apopka. This distribution shall be
79 reduced by an amount equal to the debt service paid pursuant to
80 paragraph (a) on bonds issued after July 1, 2016, for the
81 purposes set forth in this subparagraph.
82 4. The sum of $64 million is appropriated and shall be
83 transferred to the Everglades Trust Fund for the 2018-2019
84 fiscal year, and each fiscal year thereafter, for the EAA
85 reservoir project pursuant to s. 373.4598. Any funds remaining
86 in any fiscal year shall be made available only for Phase II of
87 the C-51 reservoir project or projects identified in
88 subparagraph 1. and must be used in accordance with laws
89 relating to such projects. Any funds made available for such
90 purposes in a fiscal year are in addition to the amount
91 appropriated under subparagraph 1. This distribution shall be
92 reduced by an amount equal to the debt service paid pursuant to
93 paragraph (a) on bonds issued after July 1, 2017, for the
94 purposes set forth in this subparagraph.
95 5. A minimum of the lesser of 7.6 percent or $50 million
96 must be appropriated annually each fiscal year for projects
97 dedicated to the conservation and management of the Indian River
98 Lagoon. This distribution must be reduced by an amount equal to
99 the debt service paid pursuant to paragraph (a) on bonds issued
100 after July 1, 2019, for the purposes set forth in this
101 subparagraph. The Department of Environmental Protection shall
102 use the funds to make grants for projects that implement the
103 Indian River Lagoon Comprehensive Conservation and Management
104 Plan that was last updated in 2008, including multiyear grants
105 for the planning and construction of such projects. The
106 department shall coordinate all such grants with the South
107 Florida Water Management District and the St. Johns River Water
108 Management District. The department, the South Florida Water
109 Management District, and the St. Johns River Water Management
110 District, as necessary, shall coordinate such grants with other
111 water management districts. Preference must be given to projects
112 that monitor ecosystems and restore habitats, connect onsite
113 sewage treatment and disposal systems to central sewer systems,
114 and manage stormwater, freshwater, and agricultural discharges.
115 Grants for sewer system connection projects and discharge
116 management projects must require a minimum 50 percent local
117 match. Beginning January 1, 2020, and each January 1 thereafter,
118 the department shall submit a report regarding the projects
119 funded pursuant to this subparagraph to the Governor, the
120 President of the Senate, and the Speaker of the House of
121 Representatives Notwithstanding subparagraph 3., for the 2018
122 2019 fiscal year, funds shall be appropriated as provided in the
123 General Appropriations Act. This subparagraph expires July 1,
124 2019.
125 Section 2. This act shall take effect July 1, 2019.