Florida Senate - 2024                                     SB 566
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00830-24                                            2024566__
    1                        A bill to be entitled                      
    2         An act relating to the Land Acquisition Trust Fund;
    3         amending s. 375.041, F.S.; requiring an annual
    4         appropriation from the Land Acquisition Trust Fund to
    5         the Department of Environmental Protection to
    6         implement the Florida Keys Stewardship Act or to
    7         acquire land within the Florida Keys Area of Critical
    8         State Concern for specified purposes; prohibiting the
    9         department from using the appropriated funds to
   10         implement wastewater management projects or programs;
   11         requiring that the distribution be reduced by a
   12         specified amount; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (3) of section 375.041, Florida
   17  Statutes, is amended to read:
   18         375.041 Land Acquisition Trust Fund.—
   19         (3) Funds distributed into the Land Acquisition Trust Fund
   20  pursuant to s. 201.15 shall be applied:
   21         (a) First, to pay debt service or to fund debt service
   22  reserve funds, rebate obligations, or other amounts payable with
   23  respect to Florida Forever bonds issued under s. 215.618; and
   24  pay debt service, provide reserves, and pay rebate obligations
   25  and other amounts due with respect to Everglades restoration
   26  bonds issued under s. 215.619; and
   27         (b) Of the funds remaining after the payments required
   28  under paragraph (a), but before funds may be appropriated,
   29  pledged, or dedicated for other uses:
   30         1. A minimum of the lesser of 25 percent or $200 million
   31  shall be appropriated annually for Everglades projects that
   32  implement the Comprehensive Everglades Restoration Plan as set
   33  forth in s. 373.470, including the Central Everglades Planning
   34  Project subject to congressional authorization; the Long-Term
   35  Plan as defined in s. 373.4592(2); and the Northern Everglades
   36  and Estuaries Protection Program as set forth in s. 373.4595.
   37  From these funds, $32 million shall be distributed each fiscal
   38  year through the 2023-2024 fiscal year to the South Florida
   39  Water Management District for the Long-Term Plan as defined in
   40  s. 373.4592(2). After deducting the $32 million distributed
   41  under this subparagraph, from the funds remaining, a minimum of
   42  the lesser of 76.5 percent or $100 million shall be appropriated
   43  each fiscal year through the 2025-2026 fiscal year for the
   44  planning, design, engineering, and construction of the
   45  Comprehensive Everglades Restoration Plan as set forth in s.
   46  373.470, including the Central Everglades Planning Project, the
   47  Everglades Agricultural Area Storage Reservoir Project, the Lake
   48  Okeechobee Watershed Project, the C-43 West Basin Storage
   49  Reservoir Project, the Indian River Lagoon-South Project, the
   50  Western Everglades Restoration Project, and the Picayune Strand
   51  Restoration Project. The Department of Environmental Protection
   52  and the South Florida Water Management District shall give
   53  preference to those Everglades restoration projects that reduce
   54  harmful discharges of water from Lake Okeechobee to the St.
   55  Lucie or Caloosahatchee estuaries in a timely manner. For the
   56  purpose of performing the calculation provided in this
   57  subparagraph, the amount of debt service paid pursuant to
   58  paragraph (a) for bonds issued after July 1, 2016, for the
   59  purposes set forth under this paragraph shall be added to the
   60  amount remaining after the payments required under paragraph
   61  (a). The amount of the distribution calculated shall then be
   62  reduced by an amount equal to the debt service paid pursuant to
   63  paragraph (a) on bonds issued after July 1, 2016, for the
   64  purposes set forth under this subparagraph.
   65         2. A minimum of the lesser of 7.6 percent or $50 million
   66  shall be appropriated annually for spring restoration,
   67  protection, and management projects. For the purpose of
   68  performing the calculation provided in this subparagraph, the
   69  amount of debt service paid pursuant to paragraph (a) for bonds
   70  issued after July 1, 2016, for the purposes set forth under this
   71  paragraph shall be added to the amount remaining after the
   72  payments required under paragraph (a). The amount of the
   73  distribution calculated shall then be reduced by an amount equal
   74  to the debt service paid pursuant to paragraph (a) on bonds
   75  issued after July 1, 2016, for the purposes set forth under this
   76  subparagraph.
   77         3. The sum of $5 million shall be appropriated annually
   78  each fiscal year through the 2025-2026 fiscal year to the St.
   79  Johns River Water Management District for projects dedicated to
   80  the restoration of Lake Apopka. This distribution shall be
   81  reduced by an amount equal to the debt service paid pursuant to
   82  paragraph (a) on bonds issued after July 1, 2016, for the
   83  purposes set forth in this subparagraph.
   84         4. The sum of $64 million is appropriated and shall be
   85  transferred to the Everglades Trust Fund for the 2018-2019
   86  fiscal year, and each fiscal year thereafter, for the EAA
   87  reservoir project pursuant to s. 373.4598. Any funds remaining
   88  in any fiscal year shall be made available only for Phase II of
   89  the C-51 reservoir project or projects identified in
   90  subparagraph 1. and must be used in accordance with laws
   91  relating to such projects. Any funds made available for such
   92  purposes in a fiscal year are in addition to the amount
   93  appropriated under subparagraph 1. This distribution shall be
   94  reduced by an amount equal to the debt service paid pursuant to
   95  paragraph (a) on bonds issued after July 1, 2017, for the
   96  purposes set forth in this subparagraph.
   97         5. The sum of $50 million shall be appropriated annually to
   98  the South Florida Water Management District for the Lake
   99  Okeechobee Watershed Restoration Project in accordance with s.
  100  373.4599. This distribution must be reduced by an amount equal
  101  to the debt service paid pursuant to paragraph (a) on bonds
  102  issued after July 1, 2021, for the purposes set forth in this
  103  subparagraph.
  104         6. The sum of $100 million shall be appropriated annually
  105  to the Department of Environmental Protection for the
  106  acquisition of land pursuant to s. 259.105.
  107         7.a. The sum of $20 million shall be appropriated annually
  108  to the Department of Environmental Protection for the purpose
  109  of:
  110         (I) Implementing the Florida Keys Stewardship Act, chapter
  111  2016-225, Laws of Florida, by entering into financial assistance
  112  agreements with local governments located in the Florida Keys
  113  Area of Critical State Concern or the City of Key West Area of
  114  Critical State Concern to promote the protection or restoration
  115  of Florida Bay, the Florida Keys, and nearshore marine
  116  ecosystems, including coral reefs; or
  117         (II) Acquiring land within the Florida Keys Area of
  118  Critical State Concern as authorized under s. 259.045, with
  119  increased priority given to acquisitions that achieve a
  120  combination of conservation goals, including protecting the
  121  state’s water resources and natural groundwater recharge.
  122         b. Notwithstanding any other law, the department may not
  123  use the appropriated funds to implement wastewater management
  124  projects or programs.
  125         c. The distribution must be reduced by an amount equal to
  126  the debt service paid pursuant to paragraph (a) on bonds issued
  127  after July 1, 2024, for the purposes set forth in this
  128  subparagraph.
  129         Section 2. This act shall take effect July 1, 2024.