Florida Senate - 2022                                    SB 1816
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01629-22                                           20221816__
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 201.15, F.S.; extending the date by which
    4         the Legislature intends for bonds issued to fund the
    5         Florida Forever Act to be retired; amending s.
    6         375.041, F.S.; requiring a specified annual
    7         appropriation to the Florida Forever Trust Fund;
    8         deleting an obsolete provision; prohibiting the use of
    9         certain moneys distributed from the Land Acquisition
   10         Trust Fund for specified costs; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (3) of section
   16  201.15, Florida Statutes, is amended to read:
   17         201.15 Distribution of taxes collected.—All taxes collected
   18  under this chapter are hereby pledged and shall be first made
   19  available to make payments when due on bonds issued pursuant to
   20  s. 215.618 or s. 215.619, or any other bonds authorized to be
   21  issued on a parity basis with such bonds. Such pledge and
   22  availability for the payment of these bonds shall have priority
   23  over any requirement for the payment of service charges or costs
   24  of collection and enforcement under this section. All taxes
   25  collected under this chapter, except taxes distributed to the
   26  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
   27  are subject to the service charge imposed in s. 215.20(1).
   28  Before distribution pursuant to this section, the Department of
   29  Revenue shall deduct amounts necessary to pay the costs of the
   30  collection and enforcement of the tax levied by this chapter.
   31  The costs and service charge may not be levied against any
   32  portion of taxes pledged to debt service on bonds to the extent
   33  that the costs and service charge are required to pay any
   34  amounts relating to the bonds. All of the costs of the
   35  collection and enforcement of the tax levied by this chapter and
   36  the service charge shall be available and transferred to the
   37  extent necessary to pay debt service and any other amounts
   38  payable with respect to bonds authorized before January 1, 2017,
   39  secured by revenues distributed pursuant to this section. All
   40  taxes remaining after deduction of costs shall be distributed as
   41  follows:
   42         (3) Amounts on deposit in the Land Acquisition Trust Fund
   43  shall be used in the following order:
   44         (a) Payment of debt service or funding of debt service
   45  reserve funds, rebate obligations, or other amounts payable with
   46  respect to Florida Forever bonds issued pursuant to s. 215.618.
   47  The amount used for such purposes may not exceed $300 million in
   48  each fiscal year. It is the intent of the Legislature that all
   49  bonds issued to fund the Florida Forever Act be retired by
   50  December 31, 2054 2040. Except for bonds issued to refund
   51  previously issued bonds, no series of bonds may be issued
   52  pursuant to this paragraph unless such bonds are approved and
   53  the debt service for the remainder of the fiscal year in which
   54  the bonds are issued is specifically appropriated in the General
   55  Appropriations Act or other law with respect to bonds issued for
   56  the purposes of s. 373.4598.
   57  
   58  Bonds issued pursuant to s. 215.618 or s. 215.619 are equally
   59  and ratably secured by moneys distributable to the Land
   60  Acquisition Trust Fund.
   61         Section 2. Subsections (3) and (4) of section 375.041,
   62  Florida Statutes, are amended to read:
   63         375.041 Land Acquisition Trust Fund.—
   64         (3) Funds distributed into the Land Acquisition Trust Fund
   65  pursuant to s. 201.15 shall be applied:
   66         (a) First, to pay debt service or to fund debt service
   67  reserve funds, rebate obligations, or other amounts payable with
   68  respect to Florida Forever bonds issued under s. 215.618; and
   69  pay debt service, provide reserves, and pay rebate obligations
   70  and other amounts due with respect to Everglades restoration
   71  bonds issued under s. 215.619; and
   72         (b) Of the funds remaining after the payments required
   73  under paragraph (a), but before funds may be appropriated,
   74  pledged, or dedicated for other uses:
   75         1. A minimum of the lesser of 25 percent or $200 million
   76  shall be appropriated annually for Everglades projects that
   77  implement the Comprehensive Everglades Restoration Plan as set
   78  forth in s. 373.470, including the Central Everglades Planning
   79  Project subject to Congressional authorization; the Long-Term
   80  Plan as defined in s. 373.4592(2); and the Northern Everglades
   81  and Estuaries Protection Program as set forth in s. 373.4595.
   82  From these funds, $32 million shall be distributed each fiscal
   83  year through the 2023-2024 fiscal year to the South Florida
   84  Water Management District for the Long-Term Plan as defined in
   85  s. 373.4592(2). After deducting the $32 million distributed
   86  under this subparagraph, from the funds remaining, a minimum of
   87  the lesser of 76.5 percent or $100 million shall be appropriated
   88  each fiscal year through the 2025-2026 fiscal year for the
   89  planning, design, engineering, and construction of the
   90  Comprehensive Everglades Restoration Plan as set forth in s.
   91  373.470, including the Central Everglades Planning Project, the
   92  Everglades Agricultural Area Storage Reservoir Project, the Lake
   93  Okeechobee Watershed Project, the C-43 West Basin Storage
   94  Reservoir Project, the Indian River Lagoon-South Project, the
   95  Western Everglades Restoration Project, and the Picayune Strand
   96  Restoration Project. The Department of Environmental Protection
   97  and the South Florida Water Management District shall give
   98  preference to those Everglades restoration projects that reduce
   99  harmful discharges of water from Lake Okeechobee to the St.
  100  Lucie or Caloosahatchee estuaries in a timely manner. For the
  101  purpose of performing the calculation provided in this
  102  subparagraph, the amount of debt service paid pursuant to
  103  paragraph (a) for bonds issued after July 1, 2016, for the
  104  purposes set forth under paragraph (b) shall be added to the
  105  amount remaining after the payments required under paragraph
  106  (a). The amount of the distribution calculated shall then be
  107  reduced by an amount equal to the debt service paid pursuant to
  108  paragraph (a) on bonds issued after July 1, 2016, for the
  109  purposes set forth under this subparagraph.
  110         2. A minimum of the lesser of 7.6 percent or $50 million
  111  shall be appropriated annually for spring restoration,
  112  protection, and management projects. For the purpose of
  113  performing the calculation provided in this subparagraph, the
  114  amount of debt service paid pursuant to paragraph (a) for bonds
  115  issued after July 1, 2016, for the purposes set forth under
  116  paragraph (b) shall be added to the amount remaining after the
  117  payments required under paragraph (a). The amount of the
  118  distribution calculated shall then be reduced by an amount equal
  119  to the debt service paid pursuant to paragraph (a) on bonds
  120  issued after July 1, 2016, for the purposes set forth under this
  121  subparagraph.
  122         3. The sum of $5 million shall be appropriated annually
  123  each fiscal year through the 2025-2026 fiscal year to the St.
  124  Johns River Water Management District for projects dedicated to
  125  the restoration of Lake Apopka. This distribution shall be
  126  reduced by an amount equal to the debt service paid pursuant to
  127  paragraph (a) on bonds issued after July 1, 2016, for the
  128  purposes set forth in this subparagraph.
  129         4. The sum of $64 million is appropriated and shall be
  130  transferred to the Everglades Trust Fund for the 2018-2019
  131  fiscal year, and each fiscal year thereafter, for the EAA
  132  reservoir project pursuant to s. 373.4598. Any funds remaining
  133  in any fiscal year shall be made available only for Phase II of
  134  the C-51 reservoir project or projects identified in
  135  subparagraph 1. and must be used in accordance with laws
  136  relating to such projects. Any funds made available for such
  137  purposes in a fiscal year are in addition to the amount
  138  appropriated under subparagraph 1. This distribution shall be
  139  reduced by an amount equal to the debt service paid pursuant to
  140  paragraph (a) on bonds issued after July 1, 2017, for the
  141  purposes set forth in this subparagraph.
  142         5. The sum of $50 million shall be appropriated annually to
  143  the South Florida Water Management District for the Lake
  144  Okeechobee Watershed Restoration Project in accordance with s.
  145  373.4599. This distribution must be reduced by an amount equal
  146  to the debt service paid pursuant to paragraph (a) on bonds
  147  issued after July 1, 2021, for the purposes set forth in this
  148  subparagraph.
  149         6. The sum of $100 million is appropriated annually to the
  150  Florida Forever Trust Fund Notwithstanding subparagraph 3., for
  151  the 2021-2022 fiscal year, funds shall be appropriated as
  152  provided in the General Appropriations Act. This subparagraph
  153  expires July 1, 2022.
  154         (4) Any remaining moneys in the Land Acquisition Trust Fund
  155  which are not distributed as provided in subsection (3) may be
  156  appropriated from time to time for the purposes set forth in s.
  157  28, Art. X of the State Constitution; however, such moneys
  158  distributed from the Land Acquisition Trust Fund may not be used
  159  for costs associated with any of the following budget entities:
  160         (a) Executive direction and support services and the Office
  161  of Technology and Information Services within the Department of
  162  Environmental Protection.
  163         (b) Executive direction and support services and the Office
  164  of Agriculture Technology Services within the Department of
  165  Agriculture and Consumer Services.
  166         (c) The Office of Executive Direction and Administrative
  167  Support Services within the Fish and Wildlife Conservation
  168  Commission.
  169         (d) Executive direction and support services within the
  170  Department of State.
  171         Section 3. This act shall take effect July 1, 2022.