Florida Senate - 2025 SB 7002
By the Committee on Environment and Natural Resources
592-01993-25 20257002__
1 A bill to be entitled
2 An act relating to water management districts;
3 amending s. 112.3261, F.S.; defining the term
4 “expenditure”; requiring the Commission on Ethics to
5 investigate a lobbyist or principal who has made a
6 prohibited expenditure and to provide the Governor
7 with a report of its findings and recommendations
8 regarding such investigation; prohibiting certain
9 persons from making or accepting expenditures;
10 amending s. 373.079, F.S.; requiring a quorum for the
11 conduct of official business by the governing board of
12 a water management district; providing requirements
13 for a quorum; requiring an affirmative vote of a
14 majority of the members of the governing board before
15 any action may be taken by the board; amending s.
16 373.470, F.S.; requiring the South Florida Water
17 Management District, in cooperation with the
18 Department of Environmental Protection, to provide a
19 detailed report that includes the total estimated
20 remaining cost of implementation of the Everglades
21 restoration comprehensive plan and the status of all
22 performance indicators; requiring the subdivision of
23 the project components into specified categories based
24 on the project’s status; requiring the integrated
25 delivery schedule to be developed using estimates of
26 actual state funding levels and other constraints;
27 prohibiting certain recommendations; amending s.
28 373.501, F.S.; prohibiting a water management district
29 from using state funds for a specified purpose;
30 amending s. 373.503, F.S.; authorizing the districts
31 to levy ad valorem taxes on property by resolution
32 adopted by a majority vote of the governing board;
33 authorizing the districts to levy certain ad valorem
34 taxes on specified property; defining the term
35 “capital improvement projects”; requiring a governing
36 board levying ad valorem taxes for certain projects to
37 adopt a resolution approved by a majority vote of the
38 voting electors in the district or basin; providing
39 requirements for such resolution; prohibiting a
40 governing board from levying millage beyond a certain
41 date; providing requirements for such millage;
42 requiring that such resolution take effect on a
43 specified date; providing construction for such
44 referenda; providing requirements for the maximum
45 total millage rate for all purposes; providing that
46 the apportionment in the South Florida Water
47 Management District excludes certain millage;
48 reenacting and amending s. 373.535, F.S.; requiring
49 that the preliminary budget for each water management
50 district include a section that contains the
51 district’s capital improvement plan for the current
52 fiscal year and the next fiscal year; requiring the
53 that the section contain specified information;
54 requiring the South Florida Water Management District
55 to include a section in its preliminary budget for all
56 projects within the Comprehensive Everglades
57 Restoration Plan; requiring that the section contain
58 specified information; providing that the South
59 Florida Water Management District may only incorporate
60 state revenues up to a specified amount when
61 estimating expenditures for the next fiscal year;
62 providing an exception; amending s. 373.536, F.S.;
63 authorizing the Legislative Budget Commission to
64 reject certain district budget proposals; providing an
65 exception; requiring the South Florida Water
66 Management District to include in its budget document
67 certain sections that incorporate the actual amount of
68 state revenues appropriated for the fiscal year;
69 requiring a water management district’s tentative
70 budget for its proposed operations and funding
71 requirements to include the district’s capital
72 improvement plan for the current year and the next
73 fiscal year; amending s. 373.6075, F.S.; requiring a
74 water management district to give preference to
75 certain bids, proposals, or replies for the design,
76 engineering, or construction of capital improvement
77 projects in excess of a specified amount; providing
78 the purpose for the 10-year construction bond or
79 comparable financial assurance mechanism; providing
80 requirements for the competitive selection process;
81 amending s. 380.093, F.S.; requiring that certain
82 projects submitted by water management districts to
83 the department for the Statewide Flooding and Sea
84 Level Rise Resilience Plan be ranked on a separate
85 list; providing applicability; requiring that each
86 project included in such plan have a certain percent
87 cost share unless the project was submitted by a water
88 management district; specifying the composition of the
89 total amount of funding for such plan; requiring
90 specified financing for projects submitted by a water
91 management district for such plan; restricting funding
92 available to water management districts; authorizing
93 the department to issue certain loans by specified
94 means to finance projects submitted by a water
95 management district; authorizing the district to
96 borrow certain funds and pledge certain revenues to
97 repay such funds; providing for the repayment of such
98 loan; providing a penalty; prohibiting the department
99 from issuing additional loans or grants to a water
100 management district that defaults under the terms of
101 its loan until the default is remedied; requiring the
102 department to adopt rules necessary to administer the
103 revolving loan program to finance projects submitted
104 by water management districts; amending s. 380.0935,
105 F.S.; requiring the department to create and maintain
106 a separate account in the Resilient Florida Trust Fund
107 for certain funds received to administer the revolving
108 loan program for certain projects submitted by water
109 management districts within the Statewide Flooding and
110 Sea Level Rise Resilience Plan; requiring that all
111 repayments be returned to the revolving loan program
112 and made available for the eligible projects in the
113 plan; providing that funds appropriated for the loan
114 program are not subject to reversion; amending s.
115 380.095, F.S.; requiring that a specified amount of
116 funds deposited into the Indian Gaming Revenue
117 Clearing Trust Fund be distributed to the Resilient
118 Florida Trust Fund for the revolving loan program for
119 specified uses; providing appropriations; reenacting
120 s. 373.0697, F.S., relating to basin taxes, to
121 incorporate the amendment made to s. 373.503, F.S., in
122 a reference thereto; reenacting s. 373.026(8)(d),
123 F.S., relating to general powers and duties of the
124 Department of Environmental Protection, to incorporate
125 the amendment made to s. 373.536, F.S., in a reference
126 thereto; providing an effective date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Present paragraphs (b), (c), and (d) of
131 subsection (1) of section 112.3261, Florida Statutes, are
132 redesignated as paragraphs (c), (d), and (e), respectively, a
133 new paragraph (b) is added to that subsection, subsection (9) is
134 added to that section, and subsection (7) of that section is
135 amended, to read:
136 112.3261 Lobbying before water management districts;
137 registration and reporting.—
138 (1) As used in this section, the term:
139 (b) “Expenditure” has the same meaning as in s. 112.3215.
140 (7) Upon receipt of a sworn complaint alleging that a
141 lobbyist or principal has failed to register with a district,
142 has made a prohibited expenditure, or has knowingly submitted
143 false information in a report or registration required under
144 this section, the commission shall investigate a lobbyist or
145 principal pursuant to the procedures established under s.
146 112.324. The commission shall provide the Governor with a report
147 of its findings and recommendations in any investigation
148 conducted pursuant to this subsection. The Governor is
149 authorized to enforce the commission’s findings and
150 recommendations.
151 (9) Notwithstanding s. 112.3148, s. 112.3149, or any other
152 law, a lobbyist or principal may not make, directly or
153 indirectly, and a district governing board member, executive
154 director, or any district employee that qualifies as a local
155 officer as defined in s. 112.3145(1) may not knowingly accept,
156 directly or indirectly, any expenditure.
157 Section 2. Subsection (7) of section 373.079, Florida
158 Statutes, is amended to read:
159 373.079 Members of governing board; oath of office; staff.—
160 (7) The governing board shall meet at least once a month
161 and upon call of the chair. A quorum is necessary for the board
162 to conduct official business. A majority of the members of the
163 governing board, which includes both appointed members and
164 vacancies, constitutes a quorum. A board member’s appearance at
165 a board meeting, whether such appearance is in person or through
166 the use of communications media technology, must be counted for
167 the determination of a quorum. Except where otherwise provided
168 by law, action may be taken by the governing board only upon an
169 affirmative vote of a majority of the members of the governing
170 board. The governing board, a basin board, a committee, or an
171 advisory board may conduct meetings by means of communications
172 media technology in accordance with rules adopted pursuant to s.
173 120.54(5)(b) s. 120.54.
174 Section 3. Paragraph (c) of subsection (7) of section
175 373.470, Florida Statutes, is amended, and subsection (8) is
176 added to that section, to read:
177 373.470 Everglades restoration.—
178 (7) ANNUAL REPORT.—To provide enhanced oversight of and
179 accountability for the financial commitments established under
180 this section and the progress made in the implementation of the
181 comprehensive plan, the following information must be prepared
182 annually as part of the consolidated annual report required by
183 s. 373.036(7):
184 (c) The district, in cooperation with the department, shall
185 provide a detailed report on progress made in the implementation
186 of the comprehensive plan, including the total estimated
187 remaining cost of implementation of the comprehensive plan. The
188 report must also include the status of and applicable
189 performance indicators for all project components. The project
190 components must be subdivided into the following categories
191 based on the project’s status:
192 1. Planning and design phase.
193 2. Construction phase, for which the performance indicators
194 must include, but are not limited to, whether the project is on
195 time and on budget based on a schedule performance index.
196 3. Operational phase, for which the performance indicators
197 must include, but are not limited to, whether the project is
198 operating in accordance with the draft operating manual included
199 in the project implementation report, and an explanation of any
200 significant modification to the final project operating manual.
201 4. Pending projects phase, which includes project
202 components that have not yet entered the planning or design
203 phase initiated after the effective date of this act or the date
204 of the last report prepared under this subsection, whichever is
205 later.
206
207 The information required in paragraphs (a), (b), and (c) shall
208 be provided as part of the consolidated annual report required
209 by s. 373.036(7). Each annual report is due by March 1.
210 (8) INTEGRATED DELIVERY SCHEDULE.—In order to ensure
211 accountability in the planning process, the integrated delivery
212 schedule must be developed to maximize the achievement of the
213 goals and purposes of the comprehensive plan at the earliest
214 possible time to the extent practical given funding,
215 engineering, and other contractual constraints. Therefore, state
216 and local members of the South Florida Ecosystem Restoration
217 Task Force may not include in their recommendations for any
218 update to the integrated delivery schedule the assumption of a
219 future availability of state funds per fiscal year above the
220 amounts provided pursuant to s. 375.041(3)(b)1., 4., and 5.
221 Section 4. Subsection (3) is added to section 373.501,
222 Florida Statutes, to read:
223 373.501 Appropriation of funds to water management
224 districts.—
225 (3) A water management district may not use state funds as
226 a local match for any state grant program unless such funds have
227 been specifically appropriated to the district for such purpose.
228 Section 5. Subsection (3) of section 373.503, Florida
229 Statutes, is amended to read:
230 373.503 Manner of taxation.—
231 (3)(a)1. The districts may, by resolution adopted by a
232 majority vote of the governing board, levy ad valorem taxes on
233 property within the district solely for the purposes of this
234 chapter and of chapter 25270, 1949, Laws of Florida, as amended,
235 and chapter 61-691, Laws of Florida, as amended. If appropriate,
236 taxes levied by each governing board may be separated by the
237 governing board into a millage necessary for the purposes of the
238 district and a millage necessary for financing basin functions
239 specified in s. 373.0695.
240 2.a. The districts may, by referendum, levy separate ad
241 valorem taxes on property within the district or basin for the
242 purposes of the construction of capital improvement projects.
243 For purposes of this subparagraph, the term “capital improvement
244 projects” means projects related to water supply, including
245 alternative water supply and water resource development projects
246 identified in the district’s regional water supply plans, water
247 quality, flood protection and floodplain management, and natural
248 systems.
249 b. A governing board exercising the option to levy separate
250 ad valorem taxes for the purposes of the construction of capital
251 improvement projects pursuant to this subparagraph shall adopt a
252 resolution to be approved by a majority vote of the electors in
253 the district or basin voting in a referendum held at a general
254 election as defined in s. 97.021. The resolution must include
255 the millage to be levied, a description of the capital
256 improvement projects, such projects’ expected dates of
257 completion, and the date when the millage levied under this
258 subparagraph shall expire. No millage may be levied beyond the
259 date of a project’s expected date of completion. Such millage
260 levied may be up to an amount that, when combined with millage
261 levied under subparagraph 1., does not exceed the maximum total
262 millage rate under paragraph (b). The resolution must take
263 effect on the January 1 immediately succeeding approval. The
264 referendum must be conducted consistent with the laws governing
265 bond referenda as provided in ss. 100.201-100.351.
266 (b)(a) Notwithstanding any other general or special law,
267 and subject to subsection (4), the maximum total millage rate
268 for all district and basin purposes authorized under this
269 section shall be:
270 1. Northwest Florida Water Management District: 0.05 mill.
271 2. Suwannee River Water Management District: 0.75 mill.
272 3. St. Johns River Water Management District: 0.6 mill.
273 4. Southwest Florida Water Management District: 1.0 mill.
274 5. South Florida Water Management District: 0.80 mill.
275 (c)(b) The apportionment in the South Florida Water
276 Management District shall be a maximum of 40 percent for
277 district purposes and a maximum of 60 percent for basin
278 purposes, respectively. This calculation excludes millage raised
279 pursuant to subparagraph (a)2.
280 (d)(c) Within the Southwest Florida Water Management
281 District, the maximum millage assessed for district purposes may
282 not exceed 50 percent of the total authorized millage if there
283 are one or more basins in the district, and the maximum millage
284 assessed for basin purposes may not exceed 50 percent of the
285 total authorized millage.
286 Section 6. Subsection (1) of section 373.535, Florida
287 Statutes, is amended, and subsections (2) and (3) of that
288 section are reenacted, to read:
289 373.535 Preliminary district budgets.—
290 (1) BUDGET DEVELOPMENT.—
291 (a) By January 15 of each year, each water management
292 district shall submit a preliminary budget for the next fiscal
293 year for legislative review to the President of the Senate, the
294 Speaker of the House of Representatives, and the chairs of each
295 legislative committee and subcommittee having substantive or
296 fiscal jurisdiction over water management districts, as
297 determined by the President of the Senate or the Speaker of the
298 House of Representatives, as applicable, in the form and manner
299 prescribed in s. 373.536(5)(e).
300 (b) Each preliminary budget must also include:
301 1. A section that clearly identifies and provides
302 justification for each proposed expenditure listed in s.
303 373.536(5)(e)4.e. and f. and identifies the source of funds for
304 each proposed expenditure.
305 2. A section identifying the justification for proposed
306 expenditures by core mission area of responsibility and the
307 source of funds needed for activities related to water supply,
308 including alternative water supply and water resource
309 development projects identified in the district’s regional water
310 supply plans, water quality, flood protection and floodplain
311 management, and natural systems.
312 3. A section that includes the district’s capital
313 improvement plan for the current fiscal year and the next fiscal
314 year, which will be incorporated as part of the district’s 5
315 year capital improvement plan. The following information must be
316 included for each project contained in the capital improvement
317 plan:
318 a. Estimated beginning and ending date.
319 b. Current status, such as planning, construction, or
320 operations.
321 c. Funding distribution, broken down by federal, state,
322 local, or other.
323 d. Total cost of the project.
324 e. Whether the project is funded from reserves.
325 f. Total expenditures made to date, by fiscal year.
326 g. Current year estimated expenditures.
327 h. Annual budget, including future budget requests, until
328 project completion, by funding source.
329 i. Project description.
330 j. State program code, such as operations and maintenance
331 or ecosystems restoration.
332 4.3. A section reviewing the adopted and proposed budget
333 allocations by program area and the performance metrics for the
334 prior year.
335 5.4. An analysis of each preliminary budget to determine
336 the adequacy of fiscal resources available to the district and
337 the adequacy of proposed district expenditures related to the
338 core mission areas of responsibility for water supply, including
339 alternative water supply and water resource development projects
340 identified in the district’s regional water supply plans, water
341 quality, flood protection and floodplain management, and natural
342 systems. The analysis must be based on the particular needs
343 within each district for core mission areas of responsibility.
344 The water supply analysis must specifically include a
345 determination of the adequacy of each district’s fiscal
346 resources provided in the district’s preliminary budget to
347 achieve appropriate progress toward meeting the districtwide 20
348 year projected water supply demands, including funding for
349 alternative water supply development and conservation projects.
350 (c)(b) If applicable, the preliminary budget for each
351 district must specify that the district’s first obligation for
352 payment is the debt service on bonds and certificates of
353 participation.
354 (d) In addition to the information that must be included
355 for projects carried out pursuant to the capital improvement
356 plan in subparagraph (b)3., the South Florida Water Management
357 District must include a separate section in its preliminary
358 budget for all projects within the Comprehensive Everglades
359 Restoration Plan. The information for the separate section must
360 be provided on a project-by-project basis and include the source
361 of funds. For each project, all of the following information
362 must be included:
363 1. The project title and a brief description.
364 2. The total estimated cost of the project, broken down by
365 federal and nonfederal sponsor obligations. The local sponsor
366 obligations must be further broken down by state and district
367 obligations.
368 3. The timeline for the project.
369 4. The total expenditures to date and estimated remaining
370 expenditures needed for project completion.
371 5. The estimate of expenditures for the current year.
372 6. The estimate of expenditures for the next fiscal year.
373 (e) For expenditures funded by state appropriations, the
374 South Florida Water Management District must indicate which
375 fiscal year the appropriation is from. In estimating
376 expenditures for the next fiscal year, the district may only
377 incorporate state revenues in an amount up to the amount of
378 funds specifically provided in s. 375.041(3)(b)1., 4., and 5.,
379 unless the district commits district revenues on a dollar-for
380 dollar basis for any amount over such amount specifically
381 provided.
382 (2) LEGISLATIVE REVIEW.—
383 (a) The Legislature may annually review the preliminary
384 budget for each district, including, but not limited to, those
385 items listed in s. 373.536(5)(e)4.d.-f., specific to regulation,
386 outreach, management, and administration program areas.
387 (b) On or before March 1 of each year, the President of the
388 Senate and the Speaker of the House of Representatives may
389 submit comments regarding the preliminary budget to the
390 districts, and provide a copy of the comments to the Executive
391 Office of the Governor. Each district shall respond to the
392 comments in writing on or before March 15 of each year to the
393 President of the Senate, the Speaker of the House of
394 Representatives, and the Executive Office of the Governor.
395 (c) If, following such review, the Legislature does not
396 take any action pursuant to s. 373.503 on or before July 1 of
397 each year, a water management district may proceed with budget
398 development as provided in subsection (3) and s. 373.536.
399 (3) FUNDING AUTHORITY GRANTED.—Each district shall use the
400 preliminary budget as submitted pursuant to subsection (1), and
401 as may be amended by the district in response to review by the
402 Legislature pursuant to this section and s. 373.503, as the
403 basis for developing the tentative budget for the next fiscal
404 year as provided in s. 373.536(5).
405 Section 7. Paragraphs (c) and (e) of subsection (5) of
406 section 373.536, Florida Statutes, are amended to read:
407 373.536 District budget and hearing thereon.—
408 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
409 APPROVAL.—
410 (c) The Legislative Budget Commission may reject any of the
411 following district budget proposals unless specifically
412 appropriated by the Legislature:
413 1. A single purchase of land in excess of $10 million,
414 except for land exchanges.
415 2. Any cumulative purchase of land during a single fiscal
416 year in excess of $50 million.
417 3. Any issuance of debt on or after July 1, 2012.
418 4. Any program expenditure expenditures as described in
419 sub-subparagraphs (e)4.e. and f. in excess of 15 percent of a
420 district’s total annual budget.
421 5. Any individual variance variances in a district’s
422 tentative budget which is in excess of 25 percent from a
423 district’s preliminary budget.
424 6. Any individual portion of a district’s tentative budget
425 funded with state appropriations.
426 7. Any individual project in the district’s 5-year capital
427 improvement plan.
428
429 Written disapproval of any provision in the tentative budget
430 must be received by the district at least 5 business days before
431 the final district budget adoption hearing conducted under s.
432 200.065(2)(d). If written disapproval is not received at least 5
433 business days before the final budget adoption hearing, the
434 governing board may proceed with final adoption. Any provision
435 rejected by the Executive Office of the Governor or the
436 Legislative Budget Commission may not be included in a
437 district’s final budget and may not be acted upon through any
438 other means without the prior approval of the entity rejecting
439 the provision.
440 (e) The tentative budget must be based on the preliminary
441 budget as submitted to the Legislature, and as may be amended by
442 the district in response to review by the Legislature pursuant
443 to ss. 373.503 and 373.535, as the basis for developing the
444 tentative budget for the next fiscal year as provided in this
445 subsection, and must set forth the proposed expenditures of the
446 district, to which may be added an amount to be held as reserve.
447 The tentative budget must include, but is not limited to, the
448 following information for the preceding fiscal year and the
449 current fiscal year, and the proposed amounts for the upcoming
450 fiscal year, in a standard format prescribed by the Executive
451 Office of the Governor, in consultation with the Legislature:
452 1. The estimated amount of funds remaining at the beginning
453 of the fiscal year which have been obligated for the payment of
454 outstanding commitments not yet completed.
455 2. The estimated amount of unobligated funds or net cash
456 balance on hand at the beginning of the fiscal year; an
457 accounting of the source, balance, and projected future use of
458 the unobligated funds; and the estimated amount of funds to be
459 raised by district taxes or received from other sources to meet
460 the requirements of the district.
461 3. The millage rates and the percentage increase above the
462 rolled-back rate, together with a summary of the reasons the
463 increase is required, and the percentage increase in taxable
464 value resulting from new construction within the district.
465 4. The salaries and benefits, expenses, operating capital
466 outlay, number of authorized positions, and other personal
467 services for the following program areas of the district:
468 a. Water resource planning and monitoring;
469 b. Land acquisition, restoration, and public works;
470 c. Operation and maintenance of works and lands;
471 d. Regulation;
472 e. Outreach for which the information provided must contain
473 a full description and accounting of expenditures for water
474 resources education; public information and public relations,
475 including public service announcements and advertising in any
476 media; and lobbying activities related to local, regional, state
477 and federal governmental affairs, whether incurred by district
478 staff or through contractual services; and
479 f. Management and administration.
480
481 In addition to the program areas reported by all water
482 management districts, the South Florida Water Management
483 District shall include in its budget document separate sections
484 on all costs associated with the Everglades Construction Project
485 and the Comprehensive Everglades Restoration Plan, incorporating
486 the amount of state revenues appropriated for the fiscal year.
487 5. The total estimated amount in the district budget for
488 each area of responsibility listed in subparagraph 4. and for
489 water resource, water supply, and alternative water supply
490 development projects identified in the district’s regional water
491 supply plans.
492 6. A description of each new, expanded, reduced, or
493 eliminated program.
494 7. The funding sources, including, but not limited to, ad
495 valorem taxes, Surface Water Improvement and Management Program
496 funds, other state funds, federal funds, and user fees and
497 permit fees for each program area.
498 8. The water management district’s capital improvement plan
499 for the current fiscal year and the next fiscal year, in the
500 same format as required in the preliminary budget.
501 Section 8. Section 373.6075, Florida Statutes, is amended
502 to read:
503 373.6075 Purchases from contracts of other entities.—
504 (1) A water management district may purchase commodities
505 and contractual services, excluding services subject to s.
506 287.055, from the purchasing contracts of special districts,
507 municipalities, counties, other political subdivisions,
508 educational institutions, other states, nonprofit entities,
509 purchasing cooperatives, or the Federal Government, which have
510 been procured pursuant to competitive bid, request for proposal,
511 request for qualification, competitive selection, or competitive
512 negotiation, and which are otherwise in compliance with general
513 law if the purchasing contract of the other entity is procured
514 by a process that meets the procurement requirements of the
515 water management district.
516 (2) For contractual services for the design, engineering,
517 or construction of capital improvement projects costing $1
518 million or more, a water management district shall give
519 preference to the lowest responsible and responsive bid,
520 proposal, or reply that includes a 10-year construction bond or
521 that provides proof of a comparable financial assurance
522 mechanism, which has been defined by district rule. The purpose
523 of the 10-year construction bond or a comparable financial
524 assurance mechanism is to ensure that the capital improvement
525 project functions as it was designed to function for at least 10
526 years. For the purpose of the competitive selection process in
527 s. 287.055(4), the agency shall consider whether a firm has
528 included in its bid, proposal, or reply a 10-year construction
529 bond or proof of a comparable financial assurance mechanism.
530 Section 9. Present paragraph (i) of subsection (5) of
531 section 380.093, Florida Statutes, is redesignated as paragraph
532 (j) and amended, a new paragraph (i) is added to that
533 subsection, and paragraphs (a), (c), (d), (e), and (h) of that
534 subsection are amended, to read:
535 380.093 Resilient Florida Grant Program; comprehensive
536 statewide flood vulnerability and sea level rise data set and
537 assessment; Statewide Flooding and Sea Level Rise Resilience
538 Plan; regional resilience entities.—
539 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
540 (a) By December 1 of each year, the department shall
541 develop a Statewide Flooding and Sea Level Rise Resilience Plan
542 on a 3-year planning horizon and submit it to the Governor, the
543 President of the Senate, and the Speaker of the House of
544 Representatives. The plan must consist of ranked projects that
545 address risks of flooding and sea level rise to coastal and
546 inland communities in the state. All eligible projects submitted
547 to the department pursuant to this section must be ranked and
548 included in the plan. All eligible projects submitted by a water
549 management district must be ranked on a separate list. Each plan
550 must include a detailed narrative overview describing how the
551 plan was developed, including a description of the methodology
552 used by the department to determine project eligibility, a
553 description of the methodology used to rank projects, the
554 specific scoring system used, the project proposal application
555 form, a copy of each submitted project proposal application form
556 separated by eligible projects and ineligible projects, the
557 total number of project proposals received and deemed eligible,
558 the total funding requested, and the total funding requested for
559 eligible projects.
560 (c) Each plan submitted by the department pursuant to this
561 subsection must include all of the following information for
562 each recommended project:
563 1. A description of the project.
564 2. The location of the project.
565 3. An estimate of how long the project will take to
566 complete.
567 4. An estimate of the cost of the project.
568 5. The cost-share percentage available for the project, if
569 applicable.
570 6. A summary of the priority score assigned to the project.
571 7. The project sponsor.
572 (d)1. By September 1 of each year, all of the following
573 entities may submit to the department a list of proposed
574 projects that address risks of flooding or sea level rise
575 identified in the comprehensive statewide flood vulnerability
576 and sea level rise assessment or vulnerability assessments that
577 meet the requirements of subsection (3):
578 a. Counties.
579 b. Municipalities.
580 c. Special districts as defined in s. 189.012 which are
581 responsible for the management and maintenance of inlets and
582 intracoastal waterways or for the operation and maintenance of a
583 potable water facility, a wastewater facility, an airport, or a
584 seaport facility.
585 d. Regional resilience entities acting on behalf of one or
586 more member counties or municipalities.
587
588 For the plans submitted by December 1, 2024, such entities may
589 submit projects identified in existing vulnerability assessments
590 that do not comply with subsection (3) only if the entity is
591 actively developing a vulnerability assessment that is either
592 under a signed grant agreement with the department pursuant to
593 subsection (3) or funded by another state or federal agency, or
594 is self-funded and intended to meet the requirements of
595 paragraph (3)(d) or if the existing vulnerability assessment was
596 completed using previously compliant statutory requirements.
597 Projects identified from this category of vulnerability
598 assessments will be eligible for submittal until the prior
599 vulnerability assessment has been updated to meet most recent
600 statutory requirements.
601 2. By September 1 of each year, all of the following
602 entities may submit to the department a list of any proposed
603 projects that address risks of flooding or sea level rise
604 identified in the comprehensive statewide flood vulnerability
605 and sea level rise assessment or vulnerability assessments that
606 meet the requirements of subsection (3), or that mitigate the
607 risks of flooding or sea level rise on water supplies or water
608 resources of the state and a corresponding evaluation of each
609 project:
610 a. Water management districts.
611 b. Drainage districts.
612 c. Erosion control districts.
613 d. Flood control districts.
614 e. Regional water supply authorities.
615 3. Each project submitted to the department pursuant to
616 this paragraph for consideration by the department for inclusion
617 in the plan must include all of the following information:
618 a. A description of the project.
619 b. The location of the project.
620 c. An estimate of how long the project will take to
621 complete.
622 d. An estimate of the cost of the project.
623 e. The cost-share percentage available for the project, if
624 applicable.
625 f. The project sponsor.
626 (e) Each project included in the plan must have a minimum
627 50 percent cost share unless the project was submitted by a
628 water management district, or assists or is within a community
629 eligible for a reduced cost share. For purposes of this section,
630 the term “community eligible for a reduced cost share” means:
631 1. A municipality that has a population of 10,000 or less
632 fewer, according to the most recent April 1 population estimates
633 posted on the Office of Economic and Demographic Research’s
634 website, and a per capita annual income that is less than the
635 state’s per capita annual income as shown in the most recent
636 release from the Bureau of the Census of the United States
637 Department of Commerce that includes both measurements;
638 2. A county that has a population of 50,000 or less fewer,
639 according to the most recent April 1 population estimates posted
640 on the Office of Economic and Demographic Research’s website,
641 and a per capita annual income that is less than the state’s per
642 capita annual income as shown in the most recent release from
643 the Bureau of the Census of the United States Department of
644 Commerce that includes both measurements; or
645 3. A municipality or county that has a per capita annual
646 income that is equal to or less than 75 percent of the state’s
647 per capita annual income as shown in the most recent release
648 from the Bureau of the Census of the United States Department of
649 Commerce.
650 (h) The total amount of funding proposed for each year of
651 the plan must may not be at least less than $100 million and,
652 for projects submitted by a water management district, may
653 include funds that have been repaid by a water management
654 district. Upon review and subject to appropriation, the
655 Legislature shall approve funding for the projects as specified
656 in the plan. The only funding available to water management
657 districts under this subsection is through the loan program
658 pursuant to paragraph (i). Multiyear projects that receive
659 funding for the first year of the project must be included in
660 subsequent plans and funded until the project is complete,
661 provided that the project sponsor has complied with all
662 contractual obligations and funds are available.
663 (i) To finance projects submitted by a water management
664 district, the department may issue 20-year, interest-free loans
665 through a promissory note or other form of written agreement
666 evidencing an obligation to repay the borrowed funds to the
667 department. The district may borrow funds made available
668 pursuant to this section and may pledge any revenues or other
669 adequate security available to it, other than state revenues, to
670 repay any funds borrowed. The loans must be repaid in equal
671 installments over a period not to exceed 20 years, commencing
672 within 12 months after the execution of the loan agreement.
673 1. The department may impose a penalty for delinquent loan
674 payments in the amount of 6 percent of the amount due, in
675 addition to charging the cost to handle and process the debt.
676 Penalty interest accrues on any amount due and payable beginning
677 on the 30th day following the date that the payment was due.
678 2. If a water management district defaults under the terms
679 of its loan agreement, no additional state loans or grants may
680 be issued to that water management district until the default
681 has been remedied.
682 (j)(i) The department shall adopt rules to implement this
683 section, including, but not limited to, rules necessary to
684 administer the revolving loan program to finance projects
685 submitted by water management districts.
686 Section 10. Present subsection (3) of section 380.0935,
687 Florida Statutes, is redesignated as subsection (4), a new
688 subsection (3) is added to that section, and subsection (2) of
689 that section is amended, to read:
690 380.0935 Resilient Florida Trust Fund.—
691 (2) Moneys deposited in the fund are available as a funding
692 source for the department for the Resilient Florida Grant
693 Program and the Statewide Flooding and Sea Level Sea-Level Rise
694 Resilience Plan, including costs to operate the grant program,
695 to develop the plan, and to provide grants to regional
696 resilience coalitions pursuant to s. 380.093. The department may
697 also use moneys deposited in the fund for administrative and
698 operational costs of the Florida Flood Hub for Applied Research
699 and Innovation pursuant to s. 380.0933 and coastal resilience
700 initiatives.
701 (3) The department shall create and maintain a separate
702 account in the trust fund for funds received pursuant to s.
703 380.095 to administer a revolving loan program for eligible
704 projects submitted by water management districts within the
705 Statewide Flooding and Sea Level Rise Resilience Plan. All
706 repayments must be returned to the revolving loan program and
707 made available for the eligible projects submitted by water
708 management districts in the plan. Notwithstanding s. 216.301,
709 funds appropriated for the loan program are not subject to
710 reversion.
711 Section 11. Paragraph (c) of subsection (2) of section
712 380.095, Florida Statutes, is amended to read:
713 380.095 Dedicated funding for conservation lands,
714 resiliency, and clean water infrastructure.—
715 (2) DISTRIBUTION.—Notwithstanding s. 285.710, the
716 Department of Revenue shall, upon receipt, deposit 96 percent of
717 any revenue share payment received under the compact as defined
718 in s. 285.710 into the Indian Gaming Revenue Clearing Trust Fund
719 within the Department of Financial Services. The funds deposited
720 into the trust fund shall be distributed as follows:
721 (c) The lesser of 26.042 percent or $100 million each
722 fiscal year to the Resilient Florida Trust Fund within the
723 Department of Environmental Protection for the revolving loan
724 fund within the Statewide Flooding and Sea Level Rise Resilience
725 Plan to be used to fund eligible projects submitted by water
726 management districts in accordance with s. 380.093.
727
728 Allocations to trust funds shall be transferred monthly by
729 nonoperating authority to the named trust fund.
730 Section 12. (1) For the 2025-2026 fiscal year, the sum of
731 $236,665,971 in nonrecurring funds from the General Revenue Fund
732 and $64 million in recurring funds and $328,684,029 in
733 nonrecurring funds from the Land Acquisition Trust Fund are
734 appropriated to the Department of Environmental Protection and
735 must be distributed to the South Florida Water Management
736 District for the planning, design, engineering, and construction
737 of the Comprehensive Everglades Restoration Plan and allocated
738 in the following fixed capital outlay appropriation categories:
739 (a) Nonrecurring funds from the General Revenue Fund:
740 1. C-111 South Dade - $69,473,191.
741 2. Indian River Lagoon South - $65,905,639.
742 3. Central Everglades Planning Project South - $15,330,142.
743 4. Central Everglades Planning Project North – $27,572,071.
744 5. Loxahatchee River Watershed Restoration Project -
745 $24,430,721.
746 6. Western Everglades Restoration Project - $25,756,289.
747 7. Comprehensive Everglades Restoration Project Planning
748 and Design - $8,197,918.
749 (b) Nonrecurring funds from the Land Acquisition Trust
750 Fund:
751 1. Indian River Lagoon South - $30,110,627.
752 2. Caloosahatchee River C-43 West Basin Storage -
753 $95,530,738.
754 3. Central Everglades Planning Project North -
755 $123,542,359.
756 4. Central Everglades Planning Project EAA Reservoir -
757 $79,500,305.
758 (c) Recurring funds of $64 million in the Everglades
759 Restoration appropriation category from the Land Acquisition
760 Trust Fund to transfer to the Everglades Trust Fund within the
761 South Florida Water Management District pursuant to s.
762 375.041(3)(b)4., Florida Statutes.
763 Section 13. For the 2025-2026 fiscal year, the sum
764 $39,876,213 in recurring funds and $33,151,846 in nonrecurring
765 funds from the Land Acquisition Trust Fund are appropriated to
766 the Department of Environmental Protection and must be used to
767 implement the Northern Everglades and Estuaries Protection
768 Program, pursuant to s. 373.4595, Florida Statutes.
769 Section 14. For the 2025-2026 fiscal year, the sum of $50
770 million in recurring funds from the Land Acquisition Trust Fund
771 are appropriated in the Fixed Capital Outlay Lake Okeechobee
772 Watershed Restoration Project ASR Wells appropriation category
773 for Everglades Restoration.
774 Section 15. For the purpose of incorporating the amendment
775 made by this act to section 373.503, Florida Statutes, in a
776 reference thereto, section 373.0697, Florida Statutes, is
777 reenacted to read:
778 373.0697 Basin taxes.—The respective basins may, pursuant
779 to s. 9(b), Art. VII of the State Constitution, by resolution
780 request the governing board of the district to levy ad valorem
781 taxes within such basin. Upon receipt of such request, a basin
782 tax levy shall be made by the governing board of the district to
783 finance basin functions enumerated in s. 373.0695,
784 notwithstanding the provisions of any other general or special
785 law to the contrary, and subject to the provisions of s.
786 373.503(3).
787 (1) The amount of money to be raised by said tax levy shall
788 be determined by the adoption of an annual budget by the
789 district board of governors, and the average millage for the
790 basin shall be that amount required to raise the amount called
791 for by the annual budget when applied to the total assessment of
792 the basin as determined for county taxing purposes. However, no
793 such tax shall be levied within the basin unless and until the
794 annual budget and required tax levy shall have been approved by
795 formal action of the basin board, and no county in the district
796 shall be taxed under this provision at a rate to exceed 1 mill.
797 (2) The taxes provided for in this section shall be
798 extended by the county property appraiser on the county tax roll
799 in each county within, or partly within, the basin and shall be
800 collected by the tax collector in the same manner and time as
801 county taxes, and the proceeds therefrom paid to the district
802 for basin purposes. Said taxes shall be a lien, until paid, on
803 the property against which assessed and enforceable in like
804 manner as county taxes. The property appraisers, tax collectors,
805 and clerks of the circuit court of the respective counties shall
806 be entitled to compensation for services performed in connection
807 with such taxes at the same rates as apply to county taxes.
808 (3) It is hereby determined that the taxes authorized by
809 this subsection are in proportion to the benefits to be derived
810 by the several parcels of real estate within the basin from the
811 works authorized herein.
812 Section 16. For the purpose of incorporating the amendment
813 made by this act to section 373.536, Florida Statutes, in a
814 reference thereto, paragraph (d) of subsection (8) of section
815 373.026, Florida Statutes, is reenacted to read:
816 373.026 General powers and duties of the department.—The
817 department, or its successor agency, shall be responsible for
818 the administration of this chapter at the state level. However,
819 it is the policy of the state that, to the greatest extent
820 possible, the department may enter into interagency or
821 interlocal agreements with any other state agency, any water
822 management district, or any local government conducting programs
823 related to or materially affecting the water resources of the
824 state. All such agreements shall be subject to the provisions of
825 s. 373.046. In addition to its other powers and duties, the
826 department shall, to the greatest extent possible:
827 (8)
828 (d) The Executive Office of the Governor, pursuant to its
829 duties under s. 373.536(5) to approve or disapprove, in whole or
830 in part, the budget of each water management district, shall
831 review all proposed expenditures for project components in the
832 district’s budget.
833 Section 17. This act shall take effect July 1, 2025.