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