Florida Senate - 2020                                     SB 438
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-00201-20                                            2020438__
    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; providing for a
    8         specified local match for such grants; requiring the
    9         department to submit an annual report to the Governor
   10         and Legislature; removing an obsolete provision;
   11         providing an effective 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 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  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 shall be distributed each fiscal
   37  year through the 2023-2024 fiscal year to the South Florida
   38  Water Management District for the Long-Term Plan as defined in
   39  s. 373.4592(2). After deducting the $32 million distributed
   40  under this subparagraph, from the funds remaining, a minimum of
   41  the lesser of 76.5 percent or $100 million shall be appropriated
   42  each fiscal year through the 2025-2026 fiscal year for the
   43  planning, design, engineering, and construction of the
   44  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 (b) shall be added to
   59  the amount remaining after the payments required under paragraph
   60  (a). The amount of the distribution calculated shall then be
   61  reduced by an amount equal to the debt service paid pursuant to
   62  paragraph (a) on bonds issued after July 1, 2016, for the
   63  purposes set forth under this subparagraph.
   64         2. A minimum of the lesser of 7.6 percent or $50 million
   65  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 (b) shall be added to the amount remaining after the
   71  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 shall be appropriated annually
   77  each fiscal year through the 2025-2026 fiscal year to the St.
   78  Johns River Water Management District for projects dedicated to
   79  the restoration of Lake Apopka. This distribution shall be
   80  reduced by an amount equal to the debt service paid pursuant to
   81  paragraph (a) on bonds issued after July 1, 2016, for the
   82  purposes set forth in this subparagraph.
   83         4. The sum of $64 million is appropriated and 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 shall be made available only for Phase II of
   88  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 shall be
   93  reduced by an amount equal to the debt service paid pursuant to
   94  paragraph (a) on bonds issued after July 1, 2017, for the
   95  purposes set forth in this subparagraph.
   96         5. A minimum of the lesser of 7.6 percent or $50 million
   97  must be appropriated each fiscal year for projects dedicated to
   98  the conservation and management of the Indian River Lagoon. This
   99  distribution must be reduced by an amount equal to the debt
  100  service paid pursuant to paragraph (a) on bonds issued after
  101  July 1, 2020, for the purposes set forth in this subparagraph.
  102  The Department of Environmental Protection shall use the funds
  103  to make grants for projects that implement the Indian River
  104  Lagoon Comprehensive Conservation and Management Plan that was
  105  last updated in 2008, including multiyear grants for the
  106  planning and construction of such projects. The department shall
  107  coordinate all such grants with the South Florida Water
  108  Management District and the St. Johns River Water Management
  109  District. The department, the South Florida Water Management
  110  District, and the St. Johns River Water Management District, as
  111  necessary, shall coordinate such grants with other water
  112  management districts. Preference must be given to projects that
  113  monitor ecosystems and restore habitats, connect onsite sewage
  114  treatment and disposal systems to central sewer systems, and
  115  manage stormwater, freshwater, and agricultural discharges.
  116  Grants for sewer system connection projects and discharge
  117  management projects must require a minimum 50 percent local
  118  match. Beginning January 1, 2021, and each January 1 thereafter,
  119  the department shall submit a report on the projects funded
  120  pursuant to this subparagraph to the Governor, the President of
  121  the Senate, and the Speaker of the House of Representatives
  122  Notwithstanding subparagraph 3., for the 2019-2020 fiscal year,
  123  funds shall be appropriated as provided in the General
  124  Appropriations Act. This subparagraph expires July 1, 2020.
  125         Section 2. This act shall take effect July 1, 2020.