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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 water management districts; 2
amending s. 112.3261, F.S.; defining the term 3
"expenditure"; requiring the Commission on Ethics to 4
investigate a lobbyist or principal who has made a 5
prohibited expenditure and to provide the Governor 6
with a report of its findings and recommendations 7
regarding such investigation; prohibiting certain 8
persons from making or accepting expenditures; 9
amending s. 373.079, F.S.; requiring a quorum for the 10
conduct of official business by the governing board of 11
a water management district; providing requirements 12
for a quorum; requiring an affirmative vote of a 13
majority of the members of the governing board before 14
any action may be taken by the board; amending s. 15
373.470, F.S.; requiring the South Florida Water 16
Management District, in cooperation with the 17
Department of Environmental Protection, to provide a 18
detailed report that includes the total estimated 19
remaining cost of implementation of the Everglades 20
restoration comprehensive plan and the status of all 21
performance indicators; requiring the subdivision of 22
the project components into specified categories based 23
on the project's status; requiring the integrated 24
delivery schedule to be developed using estimates of 25
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actual state funding levels and other constraints; 26
prohibiting certain recommendations; amending s. 27
373.501, F.S.; prohibiting a water management district 28
from using state funds for a specified purpose; 29
amending s. 373.503, F.S.; authorizing the districts 30
to levy ad valorem taxes on property by resolution 31
adopted by a majority vote of the governing board; 32
authorizing the districts to levy certain ad valorem 33
taxes on specified property; defining the term 34
"capital improvement projects"; requiring a governing 35
board levying ad valorem taxes for certain projects to 36
adopt a resolution approved by a majority vote of the 37
voting electors in the district or basin; providing 38
requirements for such resolution; prohibiting a 39
governing board from levying millage beyond a certain 40
date; providing requirements for such millage; 41
requiring that such resolution take effect on a 42
specified date; providing construction for such 43
referenda; providing requirements for the maximum 44
total millage rate for all purposes; providing that 45
the apportionment in the South Florida Water 46
Management District excludes certain millage; 47
reenacting and amending s. 373.535, F.S.; requiring 48
that the preliminary budget for each water management 49
district include a section that contains the 50
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district's capital improvement plan for the current 51
fiscal year and the next fiscal year; requiring the 52
that the section contain specified information; 53
requiring the South Florida Water Management District 54
to include a section in its preliminary budget for all 55
projects within the Comprehensive Everglades 56
Restoration Plan; requiring that the section contain 57
specified information; providing that the South 58
Florida Water Management District may only incorporate 59
state revenues up to a specified amount when 60
estimating expenditures for the next fiscal year; 61
providing an exception; amending s. 373.536, F.S.; 62
authorizing the Legislative Budget Commission to 63
reject certain district budget proposals; providing an 64
exception; requiring the South Florida Water 65
Management District to include in its budget document 66
certain sections that incorporate the actual amount of 67
state revenues appropriated for the fiscal year; 68
requiring a water management district's tentative 69
budget for its proposed operations and funding 70
requirements to include the district's capital 71
improvement plan for the current year and the next 72
fiscal year; amending s. 373.6075, F.S.; requiring a 73
water management district to give preference to 74
certain bids, proposals, or replies for the design, 75
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engineering, or construction of capital improvement 76
projects in excess of a specified amount; providing 77
the purpose for the 10 -year construction bond or 78
comparable financial assurance mechanism; providing 79
requirements for the competitive selection process; 80
amending s. 380.093, F.S.; requiring that certain 81
projects submitted by water management dist ricts to 82
the department for the Statewide Flooding and Sea 83
Level Rise Resilience Plan be ranked on a separate 84
list; providing applicability; requiring that each 85
project included in such plan have a certain percent 86
cost share unless the project was submitte d by a water 87
management district; specifying the composition of the 88
total amount of funding for such plan; requiring 89
specified financing for projects submitted by a water 90
management district for such plan; restricting funding 91
available to water management districts; authorizing 92
the department to issue certain loans by specified 93
means to finance projects submitted by a water 94
management district; authorizing the district to 95
borrow certain funds and pledge certain revenues to 96
repay such funds; providing for th e repayment of such 97
loan; providing a penalty; prohibiting the department 98
from issuing additional loans or grants to a water 99
management district that defaults under the terms of 100
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its loan until the default is remedied; requiring the 101
department to adopt rule s necessary to administer the 102
revolving loan program to finance projects submitted 103
by water management districts; amending s. 380.0935, 104
F.S.; requiring the department to create and maintain 105
a separate account in the Resilient Florida Trust Fund 106
for certain funds received to administer the revolving 107
loan program for certain projects submitted by water 108
management districts within the Statewide Flooding and 109
Sea Level Rise Resilience Plan; requiring that all 110
repayments be returned to the revolving loan program 111
and made available for the eligible projects in the 112
plan; providing that funds appropriated for the loan 113
program are not subject to reversion; amending s. 114
380.095, F.S.; requiring that a specified amount of 115
funds deposited into the Indian Gaming Revenue 116
Clearing Trust Fund be distributed to the Resilient 117
Florida Trust Fund for the revolving loan program for 118
specified uses; providing appropriations; reenacting 119
s. 373.0697, F.S., relating to basin taxes, to 120
incorporate the amendment made to s. 373.503, F.S., in 121
a reference thereto; reenacting s. 373.026(8)(d), 122
F.S., relating to general powers and duties of the 123
Department of Environmental Protection, to incorporate 124
the amendment made to s. 373.536, F.S., in a reference 125
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thereto; providing an effective date. 126
127
Be It Enacted by the Legislature of the State of Florida: 128
129
Section 1. Present paragraphs (b), (c), and (d) of 130
subsection (1) of section 112.3261, Florida Statutes, are 131
redesignated as paragraphs (c), (d), and (e), respectively, a 132
new paragraph (b) is added to that subsection, subsection (9) is 133
added to that section, and subsection (7) of that section is 134
amended, to read: 135
112.3261 Lobbying before water management districts; 136
registration and reporting. — 137
(1) As used in this section, the term: 138
(b) "Expenditure" has the same meaning as in s. 139
112.3215(1). 140
(7) Upon receipt of a sworn complaint alleging that a 141
lobbyist or principal has failed to register with a district , 142
has made a prohibited expenditure, or has knowingly submitted 143
false information in a report or registration required under 144
this section, the commission shall investigate a lobbyist or 145
principal pursuant to the procedures established under s. 146
112.324. The commission shall provide the Governor with a report 147
of its findings and recommenda tions in any investigation 148
conducted pursuant to this subsection. The Governor is 149
authorized to enforce the commission's findings and 150
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recommendations. 151
(9) Notwithstanding s. 112.3148, s. 112.3149, or any other 152
law, a lobbyist or principal may not make, d irectly or 153
indirectly, and a district governing board member, executive 154
director, or any district employee that qualifies as a local 155
officer as defined in s. 112.3145(1) may not knowingly accept, 156
directly or indirectly, any expenditure. 157
Section 2. Subsection (7) of section 373.079, Florida 158
Statutes, is amended to read: 159
373.079 Members of governing board; oath of office; 160
staff.— 161
(7) The governing board shall meet at least once a month 162
and upon call of the chair. A quorum is necessary for the 163
governing board to conduct official business. A majority of the 164
members of the governing board, which includes both appointed 165
members and vacancies, constitutes a quorum. A board member's 166
appearance at a board meeting, whether such appearance is in 167
person or through the use of communications media technology, 168
must be counted for the determination of a quorum. Except where 169
otherwise provided by law, action may be taken by the governing 170
board only upon an affirmative vote of a majority of the members 171
of the governing board. The governing board, a basin board, a 172
committee, or an advisory board may conduct meetings by means of 173
communications media technology in accordance with rules adopted 174
pursuant to s. 120.54(5)(b) s. 120.54. 175
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Section 3. Paragraph (c) of subsectio n (7) of section 176
373.470, Florida Statutes, is amended, and subsection (8) is 177
added to that section, to read: 178
373.470 Everglades restoration. — 179
(7) ANNUAL REPORT.—To provide enhanced oversight of and 180
accountability for the financial commitments establis hed under 181
this section and the progress made in the implementation of the 182
comprehensive plan, the following information must be prepared 183
annually as part of the consolidated annual report required by 184
s. 373.036(7): 185
(c) The district, in cooperation with the department, 186
shall provide a detailed report on progress made in the 187
implementation of the comprehensive plan, including the total 188
estimated remaining cost of implementation of the comprehensive 189
plan. The report must also include the status of and applicable 190
performance indicators for all project components . The project 191
components must be subdivided into the following categories 192
based on the project's status: 193
1. Planning and design phase. 194
2. Construction phase, for which the performance 195
indicators must include, but are not limited to, whether the 196
project is on time and on budget based on a schedule performance 197
index. 198
3. Operational phase, for which the performance indicators 199
must include, but are not limited to , whether the project is 200
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operating in accordance with the draft operating manual included 201
in the project implementation report, and an explanation of any 202
significant modification to the final project operating manual. 203
4. Pending projects phase, which inc ludes project 204
components that have not yet entered the planning or design 205
phase initiated after the effective date of this act or the date 206
of the last report prepared under this subsection, whichever is 207
later. 208
209
The information required in paragraphs (a), ( b), and (c) shall 210
be provided as part of the consolidated annual report required 211
by s. 373.036(7). Each annual report is due by March 1. 212
(8) INTEGRATED DELIVERY SCHEDULE. —In order to ensure 213
accountability in the planning process, the integrated delivery 214
schedule must be developed to maximize the achievement of the 215
goals and purposes of the comprehensive plan at the earliest 216
possible time to the extent practical given funding, 217
engineering, and other contractual constraints. Therefore, state 218
and local members of the South Florida Ecosystem Restoration 219
Task Force may not include in their recommendations for any 220
update to the integrated delivery schedule the assumption of a 221
future availability of state funds per fiscal year above the 222
amounts provided pursuant to s. 375.041(3)(b)1., 4., and 5. 223
Section 4. Subsection (3) is added to section 373.501, 224
Florida Statutes, to read: 225
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373.501 Appropriation of funds to water management 226
districts.— 227
(3) A water management district may not use state funds as 228
a local match for any state grant program unless such funds have 229
been specifically appropriated to the district for such purpose. 230
Section 5. Subsection (3) of section 373.503, Florida 231
Statutes, is amended to read: 232
373.503 Manner of taxation. — 233
(3)(a)1. The districts may, by resolution adopted by a 234
majority vote of the governing board, levy ad valorem taxes on 235
property within the district solely for the purposes of this 236
chapter and of chapter 25270, 1949, Laws of Florida, as amended, 237
and chapter 61-691, Laws of Florida, as amended. If appropriate, 238
taxes levied by each governing board may be separated by the 239
governing board into a millage necessary for the purposes of the 240
district and a millage necessary for financing basin functions 241
specified in s. 373.0695. 242
2.a. The districts may, by referendum, levy separate ad 243
valorem taxes on property within the district or basin for the 244
purposes of the construction of capital improvement projects. 245
For purposes of this subparagraph, the term "capital improvement 246
projects" means projects related to water supply, including 247
alternative water supply and water resource development projects 248
identified in the district's regional water supply plans, water 249
quality, flood protection and floodplain management, and natural 250
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systems. 251
b. A governing board exercising the option to levy 252
separate ad valorem taxes for the purposes of the construction 253
of capital improvement projects pursuant to this subparagraph 254
shall adopt a resolution to be approved by a majority vote of 255
the electors in the district or basin voting in a referendum 256
held at a general election as defined in s. 97.021. The 257
resolution must include the millage to be levied, a description 258
of the capital improvement projects, such projects' expected 259
dates of completion, and the date when the millage levied under 260
this subparagraph shall expire. No millage may be levied beyond 261
the date of a project's expected date of completion. Such 262
millage levied may be up to an amount that, when combined with 263
millage levied under subparagraph 1., doe s not exceed the 264
maximum total millage rate under paragraph (b). The resolution 265
must take effect on the January 1 immediately succeeding 266
approval. The referendum must be conducted consistent with the 267
laws governing bond referenda as provided in ss. 100.201 -268
100.351. 269
(b)(a) Notwithstanding any other general or special law, 270
and subject to subsection (4), the maximum total millage rate 271
for all district and basin purposes authorized under this 272
section shall be: 273
1. Northwest Florida Water Management District: 0.05 mill. 274
2. Suwannee River Water Management District: 0.75 mill. 275
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3. St. Johns River Water Management District: 0.6 mill. 276
4. Southwest Florida Water Management District: 1.0 mill. 277
5. South Florida Water Management District: 0.80 mill. 278
(c)(b) The apportionment in the South Florida Water 279
Management District shall be a maximum of 40 percent for 280
district purposes and a maximum of 60 percent for basin 281
purposes, respectively. This calculation excludes millage raised 282
pursuant to subparagraph (a)2. 283
(d)(c) Within the Southwest Florida Water Management 284
District, the maximum millage assessed for district purposes may 285
not exceed 50 percent of the total authorized millage if there 286
are one or more basins in the district, and the maximum millage 287
assessed for basin purposes may not exceed 50 percent of the 288
total authorized millage. 289
Section 6. Subsection (1) of section 373.535, Florida 290
Statutes, is amended, and subsections (2) and (3) of that 291
section are reenacted, to read: 292
373.535 Preliminary district budgets.— 293
(1) BUDGET DEVELOPMENT. — 294
(a) By January 15 of each year, each water management 295
district shall submit a preliminary budget for the next fiscal 296
year for legislative review to the President of the Senate, the 297
Speaker of the House of Representati ves, and the chairs of each 298
legislative committee and subcommittee having substantive or 299
fiscal jurisdiction over water management districts, as 300
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determined by the President of the Senate or the Speaker of the 301
House of Representatives, as applicable, in the form and manner 302
prescribed in s. 373.536(5)(e). 303
(b) Each preliminary budget must also include: 304
1. A section that clearly identifies and provides 305
justification for each proposed expenditure listed in s. 306
373.536(5)(e)4.e. and f. and identifies the source of funds for 307
each proposed expenditure. 308
2. A section identifying the justification for proposed 309
expenditures by core mission area of responsibility and the 310
source of funds needed for activities related to water supply, 311
including alternative water supply and water resource 312
development projects identified in the district's regional water 313
supply plans, water quality, flood protection and floodplain 314
management, and natural systems. 315
3. A section that includes the district's capital 316
improvement plan for the current fiscal year and the next fiscal 317
year, which will be incorporated as part of the district's 5 -318
year capital improvement plan. The following information must be 319
included for each project contained in the capital improvement 320
plan: 321
a. Estimated beginning and ending dates. 322
b. Current status, such as planning, construction, or 323
operations. 324
c. Funding distribution, broken down by federal, state, 325
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local, or other. 326
d. Total cost of the project. 327
e. Whether the project is funded from reserves. 328
f. Total expenditures made to date, by fiscal year. 329
g. Current year estimated expenditures. 330
h. Annual budget, including future budget requests, until 331
project completion, by funding source. 332
i. Project description. 333
j. State program code, such as opera tions and maintenance 334
or ecosystems restoration. 335
4.3. A section reviewing the adopted and proposed budget 336
allocations by program area and the performance metrics for the 337
prior year. 338
5.4. An analysis of each preliminary budget to determine 339
the adequacy of fiscal resources available to the district and 340
the adequacy of proposed district expenditures related to the 341
core mission areas of responsibility for water supply, including 342
alternative water supply and water resource development projects 343
identified in the district's regional water supply plans, water 344
quality, flood protection and floodplain management, and natural 345
systems. The analysis must be based on the particular needs 346
within each district for core mission areas of responsibility. 347
The water supply analysis must specifically include a 348
determination of the adequacy of each district's fiscal 349
resources provided in the district's preliminary budget to 350
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achieve appropriate progress toward meeting the districtwide 20 -351
year projected water supply demands, incl uding funding for 352
alternative water supply development and conservation projects. 353
(c)(b) If applicable, the preliminary budget for each 354
district must specify that the district's first obligation for 355
payment is the debt service on bonds and certificates o f 356
participation. 357
(d) In addition to the information that must be included 358
for projects carried out pursuant to the capital improvement 359
plan in subparagraph (b)3., the South Florida Water Management 360
District must include a separate section in its prelimin ary 361
budget for all projects within the Comprehensive Everglades 362
Restoration Plan. The information for the separate section must 363
be provided on a project -by-project basis and include the source 364
of funds. For each project, all of the following information 365
must be included: 366
1. The project title and a brief description. 367
2. The total estimated cost of the project, broken down by 368
federal and nonfederal sponsor obligations. The local sponsor 369
obligations must be further broken down by state and district 370
obligations. 371
3. The timeline for the project. 372
4. The total expenditures to date and estimated remaining 373
expenditures needed for project completion. 374
5. The estimate of expenditures for the current year. 375
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6. The estimate of expenditures for the next fiscal y ear. 376
(e) For expenditures funded by state appropriations, the 377
South Florida Water Management District must indicate which 378
fiscal year the appropriation is from. In estimating 379
expenditures for the next fiscal year, the district may only 380
incorporate state revenues in an amount up to the amount of 381
funds specifically provided in s. 375.041(3)(b)1., 4., and 5., 382
unless the district commits district revenues on a dollar -for-383
dollar basis for any amount over such amount specifically 384
provided. 385
(2) LEGISLATIVE REV IEW.— 386
(a) The Legislature may annually review the preliminary 387
budget for each district, including, but not limited to, those 388
items listed in s. 373.536(5)(e)4.d. -f., specific to regulation, 389
outreach, management, and administration program areas. 390
(b) On or before March 1 of each year, the President of 391
the Senate and the Speaker of the House of Representatives may 392
submit comments regarding the preliminary budget to the 393
districts, and provide a copy of the comments to the Executive 394
Office of the Governor. Each district shall respond to the 395
comments in writing on or before March 15 of each year to the 396
President of the Senate, the Speaker of the House of 397
Representatives, and the Executive Office of the Governor. 398
(c) If, following such review, the Legislatur e does not 399
take any action pursuant to s. 373.503 on or before July 1 of 400
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each year, a water management district may proceed with budget 401
development as provided in subsection (3) and s. 373.536. 402
(3) FUNDING AUTHORITY GRANTED. —Each district shall use the 403
preliminary budget as submitted pursuant to subsection (1), and 404
as may be amended by the district in response to review by the 405
Legislature pursuant to this section and s. 373.503, as the 406
basis for developing the tentative budget for the next fiscal 407
year as provided in s. 373.536(5). 408
Section 7. Paragraphs (c) and (e) of subsection (5) of 409
section 373.536, Florida Statutes, are amended to read: 410
373.536 District budget and hearing thereon. — 411
(5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND 412
APPROVAL.— 413
(c) The Legislative Budget Commission may reject any of 414
the following district budget proposals unless specifically 415
appropriated by the Legislature : 416
1. A single purchase of land in excess of $10 million, 417
except for land exchanges. 418
2. Any cumulative purchase of land during a single fiscal 419
year in excess of $50 million. 420
3. Any issuance of debt on or after July 1, 2012. 421
4. Any program expenditure expenditures as described in 422
sub-subparagraphs (e)4.e. and f. in excess of 15 percent of a 423
district's total annual budget. 424
5. Any individual variance variances in a district's 425
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tentative budget which is in excess of 25 percent from a 426
district's preliminary budget. 427
6. Any individual portion of a district's tentative budget 428
funded with state appro priations. 429
7. Any individual project in the district's 5 -year capital 430
improvement plan. 431
432
Written disapproval of any provision in the tentative budget 433
must be received by the district at least 5 business days before 434
the final district budget adoption hear ing conducted under s. 435
200.065(2)(d). If written disapproval is not received at least 5 436
business days before the final budget adoption hearing, the 437
governing board may proceed with final adoption. Any provision 438
rejected by the Executive Office of the Gover nor or the 439
Legislative Budget Commission may not be included in a 440
district's final budget and may not be acted upon through any 441
other means without the prior approval of the entity rejecting 442
the provision. 443
(e) The tentative budget must be based on the pr eliminary 444
budget as submitted to the Legislature, and as may be amended by 445
the district in response to review by the Legislature pursuant 446
to ss. 373.503 and 373.535, as the basis for developing the 447
tentative budget for the next fiscal year as provided in t his 448
subsection, and must set forth the proposed expenditures of the 449
district, to which may be added an amount to be held as reserve. 450
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The tentative budget must include, but is not limited to, the 451
following information for the preceding fiscal year and the 452
current fiscal year, and the proposed amounts for the upcoming 453
fiscal year, in a standard format prescribed by the Executive 454
Office of the Governor, in consultation with the Legislature: 455
1. The estimated amount of funds remaining at the 456
beginning of the fiscal year which have been obligated for the 457
payment of outstanding commitments not yet completed. 458
2. The estimated amount of unobligated funds or net cash 459
balance on hand at the beginning of the fiscal year; an 460
accounting of the source, balance, and pro jected future use of 461
the unobligated funds; and the estimated amount of funds to be 462
raised by district taxes or received from other sources to meet 463
the requirements of the district. 464
3. The millage rates and the percentage increase above the 465
rolled-back rate, together with a summary of the reasons the 466
increase is required, and the percentage increase in taxable 467
value resulting from new construction within the district. 468
4. The salaries and benefits, expenses, operating capital 469
outlay, number of authorized positions, and other personal 470
services for the following program areas of the district: 471
a. Water resource planning and monitoring; 472
b. Land acquisition, restoration, and public works; 473
c. Operation and maintenance of works and lands; 474
d. Regulation; 475
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e. Outreach for which the information provided must 476
contain a full description and accounting of expenditures for 477
water resources education; public information and public 478
relations, including public service announcements and 479
advertising in any media; and lobbying activities related to 480
local, regional, state and federal governmental affairs, whether 481
incurred by district staff or through contractual services; and 482
f. Management and administration. 483
484
In addition to the program areas reported by all water 485
management districts, the South Florida Water Management 486
District shall include in its budget document separate sections 487
on all costs associated with the Everglades Construction Project 488
and the Comprehensive Everglades Restoration Plan , incorporating 489
the amount of state revenues appropriated for the fiscal year . 490
5. The total estimated amount in the district budget for 491
each area of responsibility listed in subparagraph 4. and for 492
water resource, water supply, and alternative water supply 493
development projects identified in the district's regional water 494
supply plans. 495
6. A description of each new, expanded, reduced, or 496
eliminated program. 497
7. The funding sources, including, but not limited to, ad 498
valorem taxes, Surface Water Improvement and Management Program 499
funds, other state funds, federal funds, and user fees and 500
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permit fees for each program area. 501
8. The water management district's capital improvement 502
plan for the current fiscal year and the next fiscal year, in 503
the same format as required in the preliminary budget. 504
Section 8. Section 373.6075, Florida Statutes, is amended 505
to read: 506
373.6075 Purchases from contracts of other entities. — 507
(1) A water management district may purchase commodities 508
and contractual services, excluding services subje ct to s. 509
287.055, from the purchasing contracts of special districts, 510
municipalities, counties, other political subdivisions, 511
educational institutions, other states, nonprofit entities, 512
purchasing cooperatives, or the Federal Government, which have 513
been procured pursuant to competitive bid, request for proposal, 514
request for qualification, competitive selection, or competitive 515
negotiation, and which are otherwise in compliance with general 516
law if the purchasing contract of the other entity is procured 517
by a process that meets the procurement requirements of the 518
water management district. 519
(2) For contractual services for the design, engineering, 520
or construction of capital improvement projects costing $1 521
million or more, a water management district shall give 522
preference to the lowest responsible and responsive bid, 523
proposal, or reply that includes a 10 -year construction bond or 524
that provides proof of a comparable financial assurance 525
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mechanism, which has been defined by district rule. The purpose 526
of the 10-year construction bond or a comparable financial 527
assurance mechanism is to ensure that the capital improvement 528
project functions as it was designed to function for at least 10 529
years. For the purpose of the competitive selection process in 530
s. 287.055(4), the age ncy shall consider whether a firm has 531
included in its bid, proposal, or reply a 10 -year construction 532
bond or proof of a comparable financial assurance mechanism. 533
Section 9. Present paragraph (i) of subsection (5) of 534
section 380.093, Florida Statutes, i s redesignated as paragraph 535
(j) and amended, a new paragraph (i) is added to that 536
subsection, and paragraphs (a), (c), (d), (e), and (h) of that 537
subsection are amended, to read: 538
380.093 Resilient Florida Grant Program; comprehensive 539
statewide flood vulnerability and sea level rise data set and 540
assessment; Statewide Flooding and Sea Level Rise Resilience 541
Plan; regional resilience entities. — 542
(5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE 543
PLAN.— 544
(a) By December 1 of each year, the department s hall 545
develop a Statewide Flooding and Sea Level Rise Resilience Plan 546
on a 3-year planning horizon and submit it to the Governor, the 547
President of the Senate, and the Speaker of the House of 548
Representatives. The plan must consist of ranked projects that 549
address risks of flooding and sea level rise to coastal and 550
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inland communities in the state. All eligible projects submitted 551
to the department pursuant to this section must be ranked and 552
included in the plan. All eligible projects submitted by a water 553
management district must be ranked on a separate list. Each plan 554
must include a detailed narrative overview describing how the 555
plan was developed, including a description of the methodology 556
used by the department to determine project eligibility, a 557
description of the methodology used to rank projects, the 558
specific scoring system used, the project proposal application 559
form, a copy of each submitted project proposal application form 560
separated by eligible projects and ineligible projects, the 561
total number of project proposals received and deemed eligible, 562
the total funding requested, and the total funding requested for 563
eligible projects. 564
(c) Each plan submitted by the department pursuant to this 565
subsection must include all of the following information for 566
each recommended project: 567
1. A description of the project. 568
2. The location of the project. 569
3. An estimate of how long the project will take to 570
complete. 571
4. An estimate of the cost of the project. 572
5. The cost-share percentage available for the project , if 573
applicable. 574
6. A summary of the priority score assigned to the 575
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project. 576
7. The project sponsor. 577
(d)1. By September 1 of each year, all of the following 578
entities may submit to the department a list of proposed 579
projects that address risks of flooding or sea level rise 580
identified in the comprehensive statewide flood vulnerability 581
and sea level rise assessment or vulnerability assessments that 582
meet the requirements of subsection (3): 583
a. Counties. 584
b. Municipalities. 585
c. Special districts as defined in s. 189.012 which are 586
responsible for the management and maintenance of inlets and 587
intracoastal waterways or for the operation and maintenance of a 588
potable water facility, a wastewater facility, an airport, or a 589
seaport facility. 590
d. Regional resilience en tities acting on behalf of one or 591
more member counties or municipalities. 592
593
For the plans submitted by December 1, 2024, such entities may 594
submit projects identified in existing vulnerability assessments 595
that do not comply with subsection (3) only if the en tity is 596
actively developing a vulnerability assessment that is either 597
under a signed grant agreement with the department pursuant to 598
subsection (3) or funded by another state or federal agency, or 599
is self-funded and intended to meet the requirements of 600
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paragraph (3)(d) or if the existing vulnerability assessment was 601
completed using previously compliant statutory requirements. 602
Projects identified from this category of vulnerability 603
assessments will be eligible for submittal until the prior 604
vulnerability assessment has been updated to meet most recent 605
statutory requirements. 606
2. By September 1 of each year, all of the following 607
entities may submit to the department a list of any proposed 608
projects that address risks of flooding or sea level rise 609
identified in the comprehensive statewide flood vulnerability 610
and sea level rise assessment or vulnerability assessments that 611
meet the requirements of subsection (3), or that mitigate the 612
risks of flooding or sea level rise on water supplies or water 613
resources of the state and a corresponding evaluation of each 614
project: 615
a. Water management districts. 616
b. Drainage districts. 617
c. Erosion control districts. 618
d. Flood control districts. 619
e. Regional water supply authorities. 620
3. Each project submitted to the department pursuant to 621
this paragraph for consideration by the department for inclusion 622
in the plan must include all of the following information: 623
a. A description of the project. 624
b. The location of the project. 625
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c. An estimate of how long the project will take to 626
complete. 627
d. An estimate of the cost of the project. 628
e. The cost-share percentage available for the project , if 629
applicable. 630
f. The project sponsor. 631
(e) Each project included in the plan must have a minimum 632
50 percent cost share unless the project was submitted by a 633
water management district, or assists or is within a community 634
eligible for a reduced cost share. For purposes of this section, 635
the term "community eligible for a reduced cost share" means: 636
1. A municipality that has a pop ulation of 10,000 or less 637
fewer, according to the most recent April 1 population estimates 638
posted on the Office of Economic and Demographic Research's 639
website, and a per capita annual income that is less than the 640
state's per capita annual income as shown i n the most recent 641
release from the Bureau of the Census of the United States 642
Department of Commerce that includes both measurements; 643
2. A county that has a population of 50,000 or less fewer, 644
according to the most recent April 1 population estimates post ed 645
on the Office of Economic and Demographic Research's website, 646
and a per capita annual income that is less than the state's per 647
capita annual income as shown in the most recent release from 648
the Bureau of the Census of the United States Department of 649
Commerce that includes both measurements; or 650
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3. A municipality or county that has a per capita annual 651
income that is equal to or less than 75 percent of the state's 652
per capita annual income as shown in the most recent release 653
from the Bureau of the Census of the United States Department of 654
Commerce. 655
(h) The total amount of funding proposed for each year of 656
the plan must may not be at least less than $100 million and, 657
for projects submitted by a water management district, may 658
include funds that have been rep aid by a water management 659
district. Upon review and subject to appropriation, the 660
Legislature shall approve funding for the projects as specified 661
in the plan. The only funding available to water management 662
districts under this subsection is through the loa n program 663
pursuant to paragraph (i). Multiyear projects that receive 664
funding for the first year of the project must be included in 665
subsequent plans and funded until the project is complete, 666
provided that the project sponsor has complied with all 667
contractual obligations and funds are available. 668
(i) To finance projects submitted by a water management 669
district, the department may issue 20 -year, interest-free loans 670
through a promissory note or other form of written agreement 671
evidencing an obligation to repay the borrowed funds to the 672
department. The district may borrow funds made available 673
pursuant to this section and may pledge any revenues or other 674
adequate security available to it, other than state revenues, to 675
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repay any funds borrowed. The loans must be re paid in equal 676
installments over a period not to exceed 20 years, commencing 677
within 12 months after the execution of the loan agreement. 678
1. The department may impose a penalty for delinquent loan 679
payments in the amount of 6 percent of the amount due, in 680
addition to charging the cost to handle and process the debt. 681
Penalty interest accrues on any amount due and payable beginning 682
on the 30th day after the date that the payment was due. 683
2. If a water management district defaults under the terms 684
of its loan agreement, no additional state loans or grants may 685
be issued to that water management district until the default 686
has been remedied. 687
(j)(i) The department shall adopt rules to implement this 688
section, including, but not limited to, rules necessary to 689
administer the revolving loan program to finance projects 690
submitted by water management districts . 691
Section 10. Present subsection (3) of section 380.0935, 692
Florida Statutes, is redesignated as subsection (4), a new 693
subsection (3) is added to that section, an d subsection (2) of 694
that section is amended, to read: 695
380.0935 Resilient Florida Trust Fund. — 696
(2) Moneys deposited in the fund are available as a 697
funding source for the department for the Resilient Florida 698
Grant Program and the Statewide Flooding and Sea Level Sea-Level 699
Rise Resilience Plan, including costs to operate the grant 700
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program, to develop the plan, and to provide grants to regional 701
resilience coalitions pursuant to s. 380.093. The department may 702
also use moneys deposited in the fund for adminis trative and 703
operational costs of the Florida Flood Hub for Applied Research 704
and Innovation pursuant to s. 380.0933 and coastal resilience 705
initiatives. 706
(3) The department shall create and maintain a separate 707
account in the trust fund for funds received pu rsuant to s. 708
380.095 to administer a revolving loan program for eligible 709
projects submitted by water management districts within the 710
Statewide Flooding and Sea Level Rise Resilience Plan. All 711
repayments must be returned to the revolving loan program and 712
made available for the eligible projects submitted by water 713
management districts in the plan. Notwithstanding s. 216.301, 714
funds appropriated for the loan program are not subject to 715
reversion. 716
Section 11. Paragraph (c) of subsection (2) of section 717
380.095, Florida Statutes, is amended to read: 718
380.095 Dedicated funding for conservation lands, 719
resiliency, and clean water infrastructure. — 720
(2) DISTRIBUTION.—Notwithstanding s. 285.710, the 721
Department of Revenue shall, upon receipt, deposit 96 percent of 722
any revenue share payment received under the compact as defined 723
in s. 285.710 into the Indian Gaming Revenue Clearing Trust Fund 724
within the Department of Financial Services. The funds deposited 725
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into the trust fund shall be distributed as follows: 726
(c) The lesser of 26.042 percent or $100 million each 727
fiscal year to the Resilient Florida Trust Fund within the 728
Department of Environmental Protection for the revolving loan 729
fund within the Statewide Flooding and Sea Level Rise Resilience 730
Plan to be used to fund eligible projects submitted by water 731
management districts in accordance with s. 380.093. 732
733
Allocations to trust funds shall be transferred monthly by 734
nonoperating authority to the named trust fund. 735
Section 12. (1) For the 2025-2026 fiscal year, the sum of 736
$236,665,971 in nonrecurring funds from the General Revenue Fund 737
and $64 million in recurring funds and $328,684,029 in 738
nonrecurring funds from the Land Acquisition Trust Fund are 739
appropriated to the Department of Environmental Protection and 740
must be distributed to the South Florida Water Management 741
District for the planning, design, engineering, and construction 742
of the Comprehensive Everglades Restoration Plan and allocated 743
in the following fixed capital outlay appropriation categories: 744
(a) Nonrecurring funds from the General Revenue Fund: 745
1. C-111 South Dade - $69,473,191. 746
2. Indian River Lagoon South - $65,905,639. 747
3. Central Everglades Planning Project South - 748
$15,330,142. 749
4. Central Everglades Planning Project North – 750
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$27,572,071. 751
5. Loxahatchee River Watershed Restoration Project - 752
$24,430,721. 753
6. Western Everglades Restoration Project - $25,756,289. 754
7. Comprehensive Everglades Restoration Project Planning 755
and Design - $8,197,918. 756
(b) Nonrecurring funds from the Land Acquisition Trust 757
Fund: 758
1. Indian River Lagoon South - $30,110,627. 759
2. Caloosahatchee River C -43 West Basin Storage - 760
$95,530,738. 761
3. Central Everglades Planning Project North - 762
$123,542,359. 763
4. Central Everglades Planning Project EAA Reservoir - 764
$79,500,305. 765
(c) Recurring funds of $64 million in the Everglades 766
Restoration appropriation category from the Land Acquisition 767
Trust Fund to transfer to the Everglades Trust Fund within the 768
South Florida Water Management District pursuant to s. 769
375.041(3)(b)4., Flor ida Statutes. 770
Section 13. For the 2025-2026 fiscal year, the sum 771
$39,876,213 in recurring funds and $33,151,846 in nonrecurring 772
funds from the Land Acquisition Trust Fund are appropriated to 773
the Department of Environmental Protection and must be used t o 774
implement the Northern Everglades and Estuaries Protection 775
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Program, pursuant to s. 373.4595, Florida Statutes. 776
Section 14. For the 2025-2026 fiscal year, the sum of $50 777
million in recurring funds from the Land Acquisition Trust Fund 778
are appropriated in the Fixed Capital Outlay Lake Okeechobee 779
Watershed Restoration Project ASR Wells appropriation category 780
for Everglades Restoration. 781
Section 15. For the purpose of incorporating the amendment 782
made by this act to section 373.503, Florida Statutes, in a 783
reference thereto, section 373.0697, Florida Statutes, is 784
reenacted to read: 785
373.0697 Basin taxes. —The respective basins may, pursuant 786
to s. 9(b), Art. VII of the State Constitution, by resolution 787
request the governing board of the district to levy ad valorem 788
taxes within such basin. Upon receipt of such request, a basin 789
tax levy shall be made by the governing board of the district to 790
finance basin functions enumerated in s. 373.0695, 791
notwithstanding the provisions of any other general or special 792
law to the contrary, and subject to the provisions of s. 793
373.503(3). 794
(1) The amount of money to be raised by said tax levy 795
shall be determined by the adoption of an annual budget by the 796
district board of governors, and the average millage for the 797
basin shall be that amount required to raise the amount called 798
for by the annual budget when applied to the total assessment of 799
the basin as determined for county taxing purposes. However, no 800
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such tax shall be levied within the basin unless and until the 801
annual budget and required tax levy shall have been approved by 802
formal action of the basin board, and no county in the district 803
shall be taxed under this provision at a rate to exceed 1 mill. 804
(2) The taxes provided for in this section shall be 805
extended by the county p roperty appraiser on the county tax roll 806
in each county within, or partly within, the basin and shall be 807
collected by the tax collector in the same manner and time as 808
county taxes, and the proceeds therefrom paid to the district 809
for basin purposes. Said ta xes shall be a lien, until paid, on 810
the property against which assessed and enforceable in like 811
manner as county taxes. The property appraisers, tax collectors, 812
and clerks of the circuit court of the respective counties shall 813
be entitled to compensation fo r services performed in connection 814
with such taxes at the same rates as apply to county taxes. 815
(3) It is hereby determined that the taxes authorized by 816
this subsection are in proportion to the benefits to be derived 817
by the several parcels of real estate within the basin from the 818
works authorized herein. 819
Section 16. For the purpose of incorporating the amendment 820
made by this act to section 373.536, Florida Statutes, in a 821
reference thereto, paragraph (d) of subsection (8) of section 822
373.026, Florida Sta tutes, is reenacted to read: 823
373.026 General powers and duties of the department. —The 824
department, or its successor agency, shall be responsible for 825
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the administration of this chapter at the state level. However, 826
it is the policy of the state that, to the greatest extent 827
possible, the department may enter into interagency or 828
interlocal agreements with any other state agency, any water 829
management district, or any local government conducting programs 830
related to or materially affecting the water resources of the 831
state. All such agreements shall be subject to the provisions of 832
s. 373.046. In addition to its other powers and duties, the 833
department shall, to the greatest extent possible: 834
(8) 835
(d) The Executive Office of the Governor, pursuant to its 836
duties under s. 373.536(5) to approve or disapprove, in whole or 837
in part, the budget of each water management district, shall 838
review all proposed expenditures for project components in the 839
district's budget. 840
Section 17. This act shall take effect July 1, 2025. 841