HB 135 2023
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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
amending s. 375.041, F.S.; requiring an annual 3
appropriation from the Land Acquisition Trust Fund to 4
the Department of Environmental Protection to 5
implement the Florida Keys Stewardship Act or to 6
acquire land within the Florida Keys Area of Critical 7
State Concern for specified purposes; prohibiting the 8
department from using the appropriated funds to 9
implement wastewater management projects or programs; 10
requiring the distribution to be reduced by a 11
specified amount; deleting obsolete language ; 12
providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
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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 serv ice 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
HB 135 2023
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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
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
HB 135 2023
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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
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 subp aragraph. 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 s hall then be reduced by an amount equal 74
to the debt service paid pursuant to paragraph (a) on bonds 75
HB 135 2023
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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
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 iss ued 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. A ny 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 98
to the South Florida Water Management District for the Lake 99
Okeechobee Watershed Restoration Project in accordance with s. 100
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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
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.a. The sum of $20 million shall be appropriated annually 105
to the Department of Environmental Protection for the purpose 106
of: 107
(I) Implementing the Florida Keys Stewardship Act, chapter 108
2016-225, Laws of Florida, by entering into financial assistance 109
agreements with local governments located in the Florida Keys 110
Area of Critical State Concern or the City of Key West Area of 111
Critical State Concern to promote the protection or restoration 112
of Florida Bay, the Florida Keys, and nearshore marine 113
ecosystems, including coral reefs; or 114
(II) Acquiring land within the Florida Keys Area of 115
Critical State Concern as authorized under s. 259.045, with 116
increased priority given to acquisitions that achieve a 117
combination of conservation goals, including protecting the 118
state's water resources and natural groundwater recharge. 119
b. Notwithstanding any other law, the department may not 120
use the appropriated funds to implement wastewater management 121
projects or programs. 122
c. The distribution must be reduced by an amount equal to 123
the debt service paid pursuant to paragraph (a) on bonds issued 124
after July 1, 2023, for the purposes set forth in this 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
subparagraph Notwithstanding subparagraph 3., for the 2022 -2023 126
fiscal year, funds shall be appropriated as provided in the 127
General Appropriations Act. This subparagraph expires July 1, 128
2023. 129
Section 2. This act shall take effect July 1, 2023. 130