Florida Senate - 2019 SB 944
By Senator Stewart
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.
9 Be It Enacted by the Legislature of the State of Florida:
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
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 is appropriated annually to the
93 Florida Forever Trust Fund
Notwithstanding subparagraph 3., for
94 the 201 8 -201 9 fiscal year, funds shall be appropriated as
95 provided in the General Appropriations Act. This subparagraph
96 expires July 1, 201 9.
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 any of 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
112 (d) The Executive Direction and Support Services within the
113 Department of State.
114 Section 2. This act shall take effect July 1, 2019.