Florida 2022 Regular Session

Florida House Bill H0449 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 449 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the Land Acquisition Trust Fund; 2
16	16	providing legislative findings; amending s. 375.041, 3
17	17	F.S.; providing an annual appropriation to the 4
18	18	Department of Environmental Protection to implement 5
19	19	the Florida Keys Stewardship Act by entering into 6
20	20	financial assistance agreements with specified local 7
21	21	governments for specified purposes; prohibiting the 8
22	22	use of such funds to implement certain projects a nd 9
23	23	programs; removing an obsolete provision; providing an 10
24	24	effective date. 11
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26	26	Be It Enacted by the Legislature of the State of Florida: 13
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28	28	Section 1. The Legislature finds that: 15
29	29	(1) The Florida Keys has a marine -based tourism economy 16
30	30	valued at $4.5 billion annually. Its diverse natural resources 17
31	31	include the world's third -largest barrier reef, the only living 18
32	32	coral reef system in the continental United States, the largest 19
33	33	seagrass meadow in the hemisphere, and more than 6,000 species 20
34	34	of marine life. 21
35	35	(2) In order promote the protection of these resources, 22
36	36	the Legislature unanimously approved HB 447, the Florida Keys 23
37	37	Stewardship Act, in 2016. The implementation of the act not only 24
38	38	protects the high-value environment of the Florida Keys, which 25
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40	40	HB 449 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	is an economic engine for the state, but also supports and 26
52	52	advances the legislative requirements and intent of the Florida 27
53	53	Keys Area Protection Act under s. 380.0552, which designates the 28
54	54	Florida Keys as an area of critical state concern. 29
55	55	(3) Since the passage of t he Florida Keys Stewardship Act, 30
56	56	the local governments of the Florida Keys and the state continue 31
57	57	to make significant investments to address the most significant 32
58	58	environmental needs of the Florida Keys, including nearshore 33
59	59	water quality, restoration, and p rotection; water supply 34
60	60	protection; and land investment for critical habitat protection, 35
61	61	public safety, property rights, and military base protection. 36
62	62	(4) Despite these efforts, consistent funding support is 37
63	63	required in order to properly plan and impleme nt projects and 38
64	64	long-term programs to address the challenges resulting from sea -39
65	65	level rise and to protect nearshore and offshore communities in 40
66	66	the Florida Keys and Florida Bay. 41
67	67	Section 2. Paragraph (b) of subsection (3) of section 42
68	68	375.041, Florida Sta tutes, is amended to read: 43
69	69	375.041 Land Acquisition Trust Fund. — 44
70	70	(3) Funds distributed into the Land Acquisition Trust Fund 45
71	71	pursuant to s. 201.15 shall be applied: 46
72	72	(b) Of the funds remaining after the payments required 47
73	73	under paragraph (a), but before funds may be appropriated, 48
74	74	pledged, or dedicated for other uses: 49
75	75	1. A minimum of the lesser of 25 percent or $200 million 50
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77	77	HB 449 2022
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	shall be appropriated annually for Everglades projects that 51
89	89	implement the Comprehensive Everglades Restoration Plan as set 52
90	90	forth in s. 373.470, including the Central Everglades Planning 53
91	91	Project subject to Congressional authorization; the Long -Term 54
92	92	Plan as defined in s. 373.4592(2); and the Northern Everglades 55
93	93	and Estuaries Protection Program as set forth in s. 373.4595. 56
94	94	From these funds, $32 million shall be distributed each fiscal 57
95	95	year through the 2023 -2024 fiscal year to the South Florida 58
96	96	Water Management District for the Long -Term Plan as defined in 59
97	97	s. 373.4592(2). After deducting the $32 million distributed 60
98	98	under this subparagraph, from the funds remaining, a minimum of 61
99	99	the lesser of 76.5 percent or $100 million shall be appropriated 62
100	100	each fiscal year through the 2025 -2026 fiscal year for the 63
101	101	planning, design, engineering, and construction of the 64
102	102	Comprehensive Everglades Restoration Plan as set forth in s. 65
103	103	373.470, including the Central Everglades Planning Project, the 66
104	104	Everglades Agricultural Area Storage Reservoir Project, the Lake 67
105	105	Okeechobee Watershed Project, the C -43 West Basin Storage 68
106	106	Reservoir Project, the Indian River Lagoon -South Project, the 69
107	107	Western Everglades Restoration Project, and the Picayune Strand 70
108	108	Restoration Project. The Department of Environmental Protection 71
109	109	and the South Florida Water Management District shall give 72
110	110	preference to those Everglades restoration projects that reduce 73
111	111	harmful discharges of water from Lake Okeechobee to the St. 74
112	112	Lucie or Caloosahatchee estuaries in a timely manner. For the 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	purpose of performing the calculation provided in this 76
126	126	subparagraph, the amount of debt service paid pursuant to 77
127	127	paragraph (a) for bonds issued after July 1, 2016, for the 78
128	128	purposes set forth under paragraph (b) shall be added to the 79
129	129	amount remaining after the payments required under paragraph 80
130	130	(a). The amount of the distribution calculated shall then be 81
131	131	reduced by an amount eq ual to the debt service paid pursuant to 82
132	132	paragraph (a) on bonds issued after July 1, 2016, for the 83
133	133	purposes set forth under this subparagraph. 84
134	134	2. A minimum of the lesser of 7.6 percent or $50 million 85
135	135	shall be appropriated annually for spring restoration, 86
136	136	protection, and management projects. For the purpose of 87
137	137	performing the calculation provided in this subparagraph, the 88
138	138	amount of debt service paid pursuant to paragraph (a) for bonds 89
139	139	issued after July 1, 2016, for the purposes set forth under 90
140	140	paragraph (b) shall be added to the amount remaining after the 91
141	141	payments required under paragraph (a). The amount of the 92
142	142	distribution calculated shall then be reduced by an amount equal 93
143	143	to the debt service paid pursuant to paragraph (a) on bonds 94
144	144	issued after July 1, 201 6, for the purposes set forth under this 95
145	145	subparagraph. 96
146	146	3. The sum of $5 million shall be appropriated annually 97
147	147	each fiscal year through the 2025 -2026 fiscal year to the St. 98
148	148	Johns River Water Management District for projects dedicated to 99
149	149	the restoration of Lake Apopka. This distribution shall be 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	reduced by an amount equal to the debt service paid pursuant to 101
163	163	paragraph (a) on bonds issued after July 1, 2016, for the 102
164	164	purposes set forth in this subparagraph. 103
165	165	4. The sum of $64 million is appropriated and shall be 104
166	166	transferred to the Everglades Trust Fund for the 2018 -2019 105
167	167	fiscal year, and each fiscal year thereafter, for the EAA 106
168	168	reservoir project pursuant to s. 373.4598. Any funds remaining 107
169	169	in any fiscal year s hall be made available only for Phase II of 108
170	170	the C-51 reservoir project or projects identified in 109
171	171	subparagraph 1. and must be used in accordance with laws 110
172	172	relating to such projects. Any funds made available for such 111
173	173	purposes in a fiscal year are in addition to the amount 112
174	174	appropriated under subparagraph 1. This distribution shall be 113
175	175	reduced by an amount equal to the debt service paid pursuant to 114
176	176	paragraph (a) on bonds issued after July 1, 2017, for the 115
177	177	purposes set forth in this subparagraph. 116
178	178	5. The sum of $50 million shall be appropriated annually 117
179	179	to the South Florida Water Management District for the Lake 118
180	180	Okeechobee Watershed Restoration Project in accordance with s. 119
181	181	373.4599. This distribution must be reduced by an amount equal 120
182	182	to the debt service paid pu rsuant to paragraph (a) on bonds 121
183	183	issued after July 1, 2021, for the purposes set forth in this 122
184	184	subparagraph. 123
185	185	6. The sum of $20 million shall be appropriated annually 124
186	186	to the Department of Environmental Protection to implement the 125
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188	188	HB 449 2022
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	Florida Keys Stewardship Act pursuant to chapter 2016 -225, Laws 126
200	200	of Florida, by entering into financial assistance agreements 127
201	201	with local governments in the Florida Keys Area of critical 128
202	202	state concern and the City of Key West area of critical state 129
203	203	concern to promote the protection and restoration of the Florida 130
204	204	Keys, Florida Bay, and nearshore marine ecosystems, including 131
205	205	coral reefs, and to acquire land within the Florida Keys Area of 132
206	206	critical state concern under s. 259.045, with increased priority 133
207	207	given to acquisitions that achiev e conservation goals, including 134
208	208	the protection of water resources and natural groundwater 135
209	209	recharge. Notwithstanding any other law, these funds may not be 136
210	210	used to implement wastewater management projects or programs. 137
211	211	This distribution shall be reduced by an amount equal to the 138
212	212	debt service paid pursuant to paragraph (a) on bonds issued 139
213	213	after July 1, 2022, for the purposes set forth in this 140
214	214	subparagraph Notwithstanding subparagraph 3., for the 2021 -2022 141
215	215	fiscal year, funds shall be appropriated as provided in the 142
216	216	General Appropriations Act. This subparagraph expires July 1, 143
217	217	2022. 144
218	218	Section 3. This act shall take effect July 1, 2022. 145