HB 451 2024
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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 Heartland Headwaters Protection and Sustainability 6
Act; requiring the funds to be used and distributed 7
for specified purposes; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
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Section 1. The Legislature finds that: 12
(1) The Legislature unanimously approved CS/CS/HB 573, the 13
Headwaters Protection and Sustainability Act, in 2017, to 14
protect the headwaters of the Alafia, Hillsborough, Kissimmee, 15
Ocklawaha, Peace, and Withlacoochee Rivers located in the Green 16
Swamp and Polk County, which are some of the most important and 17
vulnerable water resources in the state. 18
(2) In the same act, the Legislature declared that it is 19
an important state interest to partner with regional water 20
supply authorities and local governments, in accordance with s. 21
373.705, Florida Statutes, to protect the water resources of the 22
headwaters of the Alafia, Hillsborough, Kissimmee, Ocklawaha, 23
Peace, and Withlacoochee Rivers and the surro unding areas. 24
(3) In 2020, the Central Florida Water Initiative Water 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
Supply Plan developed pursuant to s. 373.0465, Florida Statutes, 26
projected the population of the region to reach 4.4 million by 27
2040, which is a 49 percent increase from a 2015 estimat e. The 28
total average of surface and ground water use in the initiative 29
planning area is projected to increase 36 percent from 667 30
million gallons per day in 2015 to 908 million gallons per day 31
in 2040. 32
(4) The Central Florida Water Initiative Water Suppl y Plan 33
concluded that in some areas of the initiative planning area, 34
fresh groundwater is near or has exceeded the limits of 35
groundwater availability and that alternative water sources will 36
need to be developed along with additional water conservation 37
efforts and local management strategies to meet the 2040 38
projected water demands or currently permitted allocations while 39
allowing currently stressed water resources and natural systems 40
to recover. 41
(5) Consistent funding support is required in order to 42
support the efforts of the water management districts to protect 43
the rivers, springs, and wetlands in the region while providing 44
for responsible development of the water resources to support 45
growth and provide for public health and safety. 46
Section 2. Paragraph (b) of subsection (3) of section 47
375.041, Florida Statutes, is amended to read: 48
375.041 Land Acquisition Trust Fund. — 49
(3) Funds distributed into the Land Acquisition Trust Fund 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
pursuant to s. 201.15 shall be applied: 51
(b) Of the funds remaining af ter the payments required 52
under paragraph (a), but before funds may be appropriated, 53
pledged, or dedicated for other uses: 54
1. A minimum of the lesser of 25 percent or $200 million 55
shall be appropriated annually for Everglades projects that 56
implement the Comprehensive Everglades Restoration Plan as set 57
forth in s. 373.470, including the Central Everglades Planning 58
Project subject to congressional authorization; the Long -Term 59
Plan as defined in s. 373.4592(2); and the Northern Everglades 60
and Estuaries Protection Program as set forth in s. 373.4595. 61
From these funds, $32 million shall be distributed each fiscal 62
year through the 2023 -2024 fiscal year to the South Florida 63
Water Management District for the Long -Term Plan as defined in 64
s. 373.4592(2). After deduc ting the $32 million distributed 65
under this subparagraph, from the funds remaining, a minimum of 66
the lesser of 76.5 percent or $100 million shall be appropriated 67
each fiscal year through the 2025 -2026 fiscal year for the 68
planning, design, engineering, and construction of the 69
Comprehensive Everglades Restoration Plan as set forth in s. 70
373.470, including the Central Everglades Planning Project, the 71
Everglades Agricultural Area Storage Reservoir Project, the Lake 72
Okeechobee Watershed Project, the C -43 West Basin Storage 73
Reservoir Project, the Indian River Lagoon -South Project, the 74
Western Everglades Restoration Project, and the Picayune Strand 75
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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
Restoration Project. The Department of Environmental Protection 76
and the South Florida Water Management District shall give 77
preference to those Everglades restoration projects that reduce 78
harmful discharges of water from Lake Okeechobee to the St. 79
Lucie or Caloosahatchee estuaries in a timely manner. For the 80
purpose of performing the calculation provided in this 81
subparagraph, the amount of debt service paid pursuant to 82
paragraph (a) for bonds issued after July 1, 2016, for the 83
purposes set forth under this paragraph shall be added to the 84
amount remaining after the payments required under paragraph 85
(a). The amount of the dis tribution calculated shall then be 86
reduced by an amount equal to the debt service paid pursuant to 87
paragraph (a) on bonds issued after July 1, 2016, for the 88
purposes set forth under this subparagraph. 89
2. A minimum of the lesser of 7.6 percent or $50 mill ion 90
shall be appropriated annually for spring restoration, 91
protection, and management projects. For the purpose of 92
performing the calculation provided in this subparagraph, the 93
amount of debt service paid pursuant to paragraph (a) for bonds 94
issued after July 1, 2016, for the purposes set forth under this 95
paragraph shall be added to the amount remaining after the 96
payments required under paragraph (a). The amount of the 97
distribution calculated shall then be reduced by an amount equal 98
to the debt service paid pursuant to paragraph (a) on bonds 99
issued after July 1, 2016, for the purposes set forth under this 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
subparagraph. 101
3. The sum of $5 million shall be appropriated annually 102
each fiscal year through the 2025 -2026 fiscal year to the St. 103
Johns River Water Management District for projects dedicated to 104
the restoration of Lake Apopka. This distribution shall be 105
reduced by an amount equal to the debt service paid pursuant to 106
paragraph (a) on bonds issued after July 1, 2016, for the 107
purposes set forth in this su bparagraph. 108
4. The sum of $64 million is appropriated and shall be 109
transferred to the Everglades Trust Fund for the 2018 -2019 110
fiscal year, and each fiscal year thereafter, for the EAA 111
reservoir project pursuant to s. 373.4598. Any funds remaining 112
in any fiscal year shall be made available only for Phase II of 113
the C-51 reservoir project or projects identified in 114
subparagraph 1. and must be used in accordance with laws 115
relating to such projects. Any funds made available for such 116
purposes in a fiscal year ar e in addition to the amount 117
appropriated under subparagraph 1. This distribution shall be 118
reduced by an amount equal to the debt service paid pursuant to 119
paragraph (a) on bonds issued after July 1, 2017, for the 120
purposes set forth in this subparagraph. 121
5. The sum of $50 million shall be appropriated annually 122
to the South Florida Water Management District for the Lake 123
Okeechobee Watershed Restoration Project in accordance with s. 124
373.4599. This distribution must be reduced by an amount equal 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
to the debt service paid pursuant to paragraph (a) on bonds 126
issued after July 1, 2021, for the purposes set forth in this 127
subparagraph. 128
6. The sum of $100 million shall be appropriated annually 129
to the Department of Environmental Protection for the 130
acquisition of land pursuant to s. 259.105. 131
7. The sum of $20 million shall be appropriated annually 132
to the Department of Environmental Protection to implement the 133
Heartland Headwaters Protection and Sustainability Act pursuant 134
to chapter 2017-111, Laws of Florida. The fund s must be used to 135
enter into financial assistance agreements and distributed in 136
accordance with the projects identified in the Heartland 137
Headwaters Annual Report submitted to the Legislature pursuant 138
to s. 373.463 to finance the cost of designing or constr ucting 139
projects that protect, restore, or enhance the headwaters of the 140
river systems located in Heartland Region of Central Florida. 141
This distribution shall be reduced by an amount equal to the 142
debt service paid pursuant to paragraph (a) on bonds issued 143
after July 1, 2024, for the purposes set forth in this 144
subparagraph. 145
Section 3. This act shall take effect July 1, 2024. 146