Florida 2024 2024 Regular Session

Florida House Bill H1005 Introduced / Bill

Filed 12/22/2023

                       
 
HB 1005  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to the Indian River Lagoon Protection 2 
Program; amending s. 201.15, F.S.; revising the 3 
percentages of funds to be distributed from the Land 4 
Acquisition Trust Fund to various trust funds; 5 
requiring a specified amount of funds to be used for 6 
the Indian River Lagoon Protection Program; providing 7 
criteria for the disbursement of such funds; amending 8 
s. 373.469, F.S.; requiring the Department of 9 
Environmental Protection, using data provided by 10 
identified entities, to identify commercial or 11 
residential properties that use onsite sewage 12 
treatment and disposal systems located within the 13 
Indian River Lagoon Protection Program; requiring the 14 
department to conduct various analyses to determine 15 
projects most worthy of state funding; requiring the 16 
department to provide an annual report that includes a 17 
prioritized list of onsite sewage treatment and 18 
disposal systems eligible for state funding to the 19 
Legislature and certain chairs within a specified 20 
timeframe; providing an effective date. 21 
 22 
Be It Enacted by the Legislature of the State of Florida: 23 
 24 
 Section 1.  Paragraphs (g) and (h) of subsection (4) of 25     
 
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section 201.15, Florida Statutes, are amended, and p aragraph (i) 26 
is added to that subsection, to read: 27 
 201.15  Distribution of taxes collected. —All taxes 28 
collected under this chapter are hereby pledged and shall be 29 
first made available to make payments when due on bonds issued 30 
pursuant to s. 215.618 or s. 215.619, or any other bonds 31 
authorized to be issued on a parity basis with such bonds. Such 32 
pledge and availability for the payment of these bonds shall 33 
have priority over any requirement for the costs of collection 34 
and enforcement under this section. Befo re distribution pursuant 35 
to this section, the Department of Revenue shall deduct amounts 36 
necessary to pay the costs of the collection and enforcement of 37 
the tax levied by this chapter. The costs may not be levied 38 
against any portion of taxes pledged to deb t service on bonds to 39 
the extent that the costs are required to pay any amounts 40 
relating to the bonds. All of the costs of the collection and 41 
enforcement of the tax levied by this chapter shall be available 42 
and transferred to the extent necessary to pay de bt service and 43 
any other amounts payable with respect to bonds authorized 44 
before January 1, 2017, secured by revenues distributed pursuant 45 
to this section. All taxes remaining after deduction of costs 46 
shall be distributed as follows: 47 
 (4)  After the requir ed distributions to the Land 48 
Acquisition Trust Fund pursuant to subsections (1) and (2), the 49 
lesser of 8 percent of the remainder or $150 million in each 50     
 
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fiscal year shall be paid into the State Treasury to the credit 51 
of the State Housing Trust Fund and sh all be expended pursuant 52 
to s. 420.50871. If 8 percent of the remainder is greater than 53 
$150 million in any fiscal year, the difference between 8 54 
percent of the remainder and $150 million shall be paid into the 55 
State Treasury to the credit of the General R evenue Fund. The 56 
remainder shall be distributed as follows: 57 
 (g)  An amount equaling 2.875 5.4175 percent of the 58 
remainder shall be paid into the Resilient Florida Trust Fund to 59 
be used for the purposes for which the Resilient Florida Trust 60 
Fund was created and exists by law. Funds may be used for 61 
planning and project grants. 62 
 (h)1. An amount equaling 7.959 5.4175 percent of the 63 
remainder shall be paid into the Water Protection and 64 
Sustainability Program Trust Fund to be used to fund water 65 
quality improvement grants as specified in s. 403.0673. 66 
 2.  Of the proceeds paid into the Water Protection and 67 
Sustainability Program Trust Fund, 40 percent or $60 million, 68 
whichever is greater, shall be credited to the Department of 69 
Environmental Protection to be used f or the Indian River Lagoon 70 
Protection Program. The funds may only be used to install and 71 
connect those onsite sewage treatment and disposal systems 72 
within the Indian River Lagoon Protection Program to wastewater 73 
treatment facilities that have been prioriti zed by the 74 
Department of Environmental Protection under s. 373.469(3)(e). 75     
 
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The Department of Revenue shall disburse funds to local 76 
governments but may not award grants to local governments to 77 
cover more than 50 percent of the total cost to install and 78 
connect dwellings identified with onsite sewage treatment and 79 
disposal systems to wastewater treatment facilities. 80 
 Section 2.  Paragraph (e) is added to subsection (3) of 81 
section 373.469, Florida Statutes, to read: 82 
 373.469  Indian River Lagoon Protection Pr ogram.— 83 
 (3)  THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The Indian 84 
River Lagoon Protection Program consists of the Banana River 85 
Lagoon Basin Management Action Plan, Central Indian River Lagoon 86 
Basin Management Action Plan, North Indian River Lagoon Basin 87 
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 88 
Plan, and such plans are the components of the Indian River 89 
Lagoon Protection Program which achieve phosphorous and nitrogen 90 
load reductions for the Indian River Lagoon. 91 
 (e)1.  The Indian River Lagoon Protection Wastewater 92 
Connection Plan.—Using data provided by the Department of 93 
Health, local governments, the St. Johns River Water Management 94 
District, and the South Florida Water Management District, as 95 
applicable, the Department of Environm ental Protection must 96 
identify all the commercial or residential properties that use 97 
onsite sewage treatment and disposal systems located within the 98 
regions encompassed by the Banana River Lagoon Basin Management 99 
Action Plan, the Central Indian River Lagoo n Basin Management 100     
 
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Action Plan, the North Indian River Lagoon Basin Management 101 
Action Plan, and the Mosquito Lagoon Reasonable Assurance Plan 102 
and place each of the systems into one of the following 103 
categories and create maps to identify each of their locat ions: 104 
 a.  Systems that directly impair a waterbody; 105 
 b.  Systems that potentially impair a waterbody; or 106 
 c.  Systems that do not impair a waterbody. 107 
 2.  For each of the onsite sewage treatment and disposal 108 
systems classified in subparagraph 1., the Department of 109 
Environmental Protection must also determine the feasibility and 110 
estimate the economic cost of connecting the system to a 111 
wastewater treatment facility and place each of the systems into 112 
one of the following categories: 113 
 a.  Systems for which the economic cost to connect to a 114 
wastewater treatment facility is low; 115 
 b.  Systems for which the economic cost to connect to a 116 
wastewater treatment facility is mid -tier; or 117 
 c.  Systems for which the economic cost to connect to a 118 
wastewater treatment fa cility is high. 119 
 3.  Based on the results, the Department of Environmental 120 
Protection must conduct a cost -benefit analysis to rank and 121 
prioritize systems for which there is a high return on 122 
investment in terms of providing water quality improvements to 123 
the Indian River Lagoon Basin by connecting the systems to 124 
wastewater treatment facilities. The highest ranking projects 125     
 
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shall be eligible for state funding. 126 
 4.  The Department of Environmental Protection must submit 127 
an annual report that includes the inform ation in subparagraph 128 
3. to the President of the Senate, the Speaker of the House of 129 
Representatives, and the chairs of the appropriations committees 130 
of the Legislature no later than 30 days before the first day of 131 
the next regular session of the Legislatu re. 132 
 Section 3.  This act shall take effect July 1, 2024. 133