Florida Senate - 2019                              CS for SB 376
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Montford
       
       
       
       
       592-02707-19                                           2019376c1
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; requiring that certain
    4         funds distributed into the Land Acquisition Trust Fund
    5         be used for conservation and management projects in
    6         certain counties; providing the types of projects for
    7         which the Department of Environmental Protection may
    8         use such funds; authorizing the department to
    9         distribute such funds to the appropriate agency;
   10         removing an obsolete provision; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 375.041, Florida
   16  Statutes, is amended to read:
   17         375.041 Land Acquisition Trust Fund.—
   18         (3) Funds distributed into the Land Acquisition Trust Fund
   19  pursuant to s. 201.15 must shall be applied:
   20         (a) First, to pay debt service or to fund debt service
   21  reserve funds, rebate obligations, or other amounts payable with
   22  respect to Florida Forever bonds issued under s. 215.618; and
   23  pay debt service, provide reserves, and pay rebate obligations
   24  and other amounts due with respect to Everglades restoration
   25  bonds issued under s. 215.619; and
   26         (b) Of the funds remaining after the payments required
   27  under paragraph (a), but before funds may be appropriated,
   28  pledged, or dedicated for other uses:
   29         1. A minimum of the lesser of 25 percent or $200 million
   30  must shall be appropriated annually for Everglades projects that
   31  implement the Comprehensive Everglades Restoration Plan as set
   32  forth in s. 373.470, including the Central Everglades Planning
   33  Project subject to Congressional authorization; the Long-Term
   34  Plan as defined in s. 373.4592(2); and the Northern Everglades
   35  and Estuaries Protection Program as set forth in s. 373.4595.
   36  From these funds, $32 million must shall be distributed each
   37  fiscal year through the 2023-2024 fiscal year to the South
   38  Florida Water Management District for the Long-Term Plan as
   39  defined in s. 373.4592(2). After deducting the $32 million
   40  distributed under this subparagraph, from the funds remaining, a
   41  minimum of the lesser of 76.5 percent or $100 million must shall
   42  be appropriated each fiscal year through the 2025-2026 fiscal
   43  year for the planning, design, engineering, and construction of
   44  the Comprehensive Everglades Restoration Plan as set forth in s.
   45  373.470, including the Central Everglades Planning Project, the
   46  Everglades Agricultural Area Storage Reservoir Project, the Lake
   47  Okeechobee Watershed Project, the C-43 West Basin Storage
   48  Reservoir Project, the Indian River Lagoon-South Project, the
   49  Western Everglades Restoration Project, and the Picayune Strand
   50  Restoration Project. The Department of Environmental Protection
   51  and the South Florida Water Management District shall give
   52  preference to those Everglades restoration projects that reduce
   53  harmful discharges of water from Lake Okeechobee to the St.
   54  Lucie or Caloosahatchee estuaries in a timely manner. For the
   55  purpose of performing the calculation provided in this
   56  subparagraph, the amount of debt service paid pursuant to
   57  paragraph (a) for bonds issued after July 1, 2016, for the
   58  purposes set forth under this paragraph must (b) shall be added
   59  to the amount remaining after the payments required under
   60  paragraph (a). The amount of the distribution calculated must
   61  shall then be reduced by an amount equal to the debt service
   62  paid pursuant to paragraph (a) on bonds issued after July 1,
   63  2016, for the purposes set forth under this subparagraph.
   64         2. A minimum of the lesser of 7.6 percent or $50 million
   65  must shall be appropriated annually for spring restoration,
   66  protection, and management projects. For the purpose of
   67  performing the calculation provided in this subparagraph, the
   68  amount of debt service paid pursuant to paragraph (a) for bonds
   69  issued after July 1, 2016, for the purposes set forth under this
   70  paragraph must (b) shall be added to the amount remaining after
   71  the payments required under paragraph (a). The amount of the
   72  distribution calculated shall then be reduced by an amount equal
   73  to the debt service paid pursuant to paragraph (a) on bonds
   74  issued after July 1, 2016, for the purposes set forth under this
   75  subparagraph.
   76         3. The sum of $5 million must shall be appropriated
   77  annually each fiscal year through the 2025-2026 fiscal year to
   78  the St. Johns River Water Management District for projects
   79  dedicated to the restoration of Lake Apopka. This distribution
   80  must shall be reduced by an amount equal to the debt service
   81  paid pursuant to paragraph (a) on bonds issued after July 1,
   82  2016, for the purposes set forth in this subparagraph.
   83         4. The sum of $64 million is appropriated and must shall be
   84  transferred to the Everglades Trust Fund for the 2018-2019
   85  fiscal year, and each fiscal year thereafter, for the EAA
   86  reservoir project pursuant to s. 373.4598. Any funds remaining
   87  in any fiscal year must shall be made available only for Phase
   88  II of the C-51 reservoir project or projects identified in
   89  subparagraph 1. and must be used in accordance with laws
   90  relating to such projects. Any funds made available for such
   91  purposes in a fiscal year are in addition to the amount
   92  appropriated under subparagraph 1. This distribution must shall
   93  be reduced by an amount equal to the debt service paid pursuant
   94  to paragraph (a) on bonds issued after July 1, 2017, for the
   95  purposes set forth in this subparagraph.
   96         5. The sum of $50 million must be appropriated each fiscal
   97  year through the 2025-2026 fiscal year for projects dedicated to
   98  conservation and management projects in the following counties
   99  impacted by Hurricane Michael during the 2018 hurricane season:
  100  Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson,
  101  Jefferson, Leon, Liberty, Okaloosa, Wakulla, Walton, and
  102  Washington. This distribution must be reduced by an amount equal
  103  to the debt service paid pursuant to paragraph (a) on bonds
  104  issued after July 1, 2019, for the purposes set forth in this
  105  subparagraph. The Department of Environmental Protection may use
  106  these funds, and may distribute to the appropriate agency to use
  107  these funds, for reforestation; ecosystem management; fire
  108  control measures; debris removal; pollution mitigation; beach
  109  nourishment; coastal or shore protection structures; and land
  110  acquisition Notwithstanding subparagraph 3., for the 2018-2019
  111  fiscal year, funds shall be appropriated as provided in the
  112  General Appropriations Act. This subparagraph expires July 1,
  113  2019.
  114         Section 2. This act shall take effect July 1, 2019.