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
HB 557 2023
1 A bill to be entitled
2 An act relating to the Land Acquisition Trust Fund;
3 providing legislative findings; amending s. 375.041,
4 F.S.; providing an annual appropriation to the
5 Department of Environmental Protection to implement
6 the Heartland Headwaters Protection and Sustainability
7 Act; requiring the funds to be used and distributed
8 for specified purposes; removing an obsolete
9 provision; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. The Legislature finds that:
14 (1) The Legislature unanimously approved CS/CS/HB 573, the
15 Headwaters Protection and Sustainability Act, in 2017, to
16 protect the headwaters of the Alafia, Hillsborough, Kissimmee,
17 Ocklawaha, Peace, and Withlacoochee Rivers located in the Green
18 Swamp and Polk County, which are some of the most important and
19 vulnerable water resources in the state.
20 (2) In the same act, the Legislature declared that it is
21 an important state interest to partner with regional water
22 supply authorities and local governments, in accordance with s.
23 373.705, Florida Statutes, to protect the water resources of the
24 headwaters of the Alafia, Hillsborough, Kissimmee, Ocklawaha,
25 Peace, and Withlacoochee Rivers and the surrounding areas.
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26 (3) In 2020, the Central Florida Water Initiative Water
27 Supply Plan developed pursuant to s. 373.0465, Florida Statutes,
28 projected the population of the region to reach 4.4 million by
29 2040, which is a 49 percent increase from a 2015 estimate. The
30 total average of surface and ground water use in the initiative
31 planning area is projected to increase 36 percent from 667
32 million gallons per day in 2015 to 908 million gallons per day
33 in 2040.
34 (4) The Central Florida Water Initiative Water Supply Plan
35 concluded that in some areas of the initiative planning area,
36 fresh groundwater is near or has exceeded the limits of
37 groundwater availability and that alternative water sources will
38 need to be developed along with additional water conservation
39 efforts and local management strategies to meet the 2040
40 projected water demands or currently permitted allocations while
41 allowing currently stressed water resources and natural systems
42 to recover.
43 (5) Consistent funding support is required in order to
44 support the efforts of the water management districts to protect
45 the rivers, springs, and wetlands in the region while providing
46 for responsible development of the water resources to support
47 growth and provide for public health and safety.
48 Section 2. Paragraph (b) of subsection (3) of section
49 375.041, Florida Statutes, is amended to read:
50 375.041 Land Acquisition Trust Fund.—
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51 (3) Funds distributed into the Land Acquisition Trust Fund
52 pursuant to s. 201.15 shall be applied:
53 (b) Of the funds remaining after the payments required
54 under paragraph (a), but before funds may be appropriated,
55 pledged, or dedicated for other uses:
56 1. A minimum of the lesser of 25 percent or $200 million
57 shall be appropriated annually for Everglades projects that
58 implement the Comprehensive Everglades Restoration Plan as set
59 forth in s. 373.470, including the Central Everglades Planning
60 Project subject to congressional authorization; the Long -Term
61 Plan as defined in s. 373.4592(2); and the Northern Everglades
62 and Estuaries Protection Program as set forth in s. 373.4595.
63 From these funds, $32 million shall be distributed each fiscal
64 year through the 2023-2024 fiscal year to the South Florida
65 Water Management District for the Long-Term Plan as defined in
66 s. 373.4592(2). After deducting the $32 million distributed
67 under this subparagraph, from the funds remaining, a minimum of
68 the lesser of 76.5 percent or $100 million shall be appropriated
69 each fiscal year through the 2025-2026 fiscal year for the
70 planning, design, engineering, and construction of the
71 Comprehensive Everglades Restoration Plan as set forth in s.
72 373.470, including the Central Everglades Planning Project, the
73 Everglades Agricultural Area Storage Reservoir Project, the Lake
74 Okeechobee Watershed Project, the C-43 West Basin Storage
75 Reservoir Project, the Indian River Lagoon-South Project, the
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76 Western Everglades Restoration Project, and the Picayune Strand
77 Restoration Project. The Department of Environmental Protection
78 and the South Florida Water Management District shall give
79 preference to those Everglades restoration projects that reduce
80 harmful discharges of water from Lake Okeechobee to the St.
81 Lucie or Caloosahatchee estuaries in a timely manner. For the
82 purpose of performing the calculation provided in this
83 subparagraph, the amount of debt service paid pursuant to
84 paragraph (a) for bonds issued after July 1, 2016, for the
85 purposes set forth under this paragraph shall be added to the
86 amount remaining after the payments required under para graph
87 (a). The amount of the distribution calculated shall then be
88 reduced by an amount equal to the debt service paid pursuant to
89 paragraph (a) on bonds issued after July 1, 2016, for the
90 purposes set forth under this subparagraph.
91 2. A minimum of the lesser of 7.6 percent or $50 million
92 shall be appropriated annually for spring restoration,
93 protection, and management projects. For the purpose of
94 performing the calculation provided in this subparagraph, the
95 amount of debt service paid pursuant to paragraph (a) for bonds
96 issued after July 1, 2016, for the purposes set forth under this
97 paragraph shall be added to the amount remaining after the
98 payments required under paragraph (a). The amount of the
99 distribution calculated shall then be reduced by an amount equal
100 to the debt service paid pursuant to paragraph (a) on bonds
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101 issued after July 1, 2016, for the purposes set forth under this
102 subparagraph.
103 3. The sum of $5 million shall be appropriated annually
104 each fiscal year through the 2025-2026 fiscal year to the St.
105 Johns River Water Management District for projects dedicated to
106 the restoration of Lake Apopka. This distribution shall be
107 reduced by an amount equal to the debt service paid pursuant to
108 paragraph (a) on bonds issued after July 1, 2016, for the
109 purposes set forth in this subparagraph.
110 4. The sum of $64 million is appropriated and shall be
111 transferred to the Everglades Trust Fund for the 2018 -2019
112 fiscal year, and each fiscal year thereafter, for the EAA
113 reservoir project pursuant to s. 373.4598. Any funds remaining
114 in any fiscal year shall be made available only for Phase II of
115 the C-51 reservoir project or projects identified in
116 subparagraph 1. and must be used in accordance with laws
117 relating to such projects. Any funds made available for such
118 purposes in a fiscal year are in addition to the amount
119 appropriated under subparagraph 1. This distribution shall be
120 reduced by an amount equal to the debt service paid pursuant to
121 paragraph (a) on bonds issued after July 1, 2017, for the
122 purposes set forth in this subparagraph.
123 5. The sum of $50 million shall be appropriated annually
124 to the South Florida Water Management District for the Lake
125 Okeechobee Watershed Restoration Project in accordance with s.
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126 373.4599. This distribution must be reduced by an amount equal
127 to the debt service paid pursuant to paragraph (a) on bonds
128 issued after July 1, 2021, for the purposes set forth in this
129 subparagraph.
130 6. The sum of $20 million shall be appropriated annually
131 to the Department of Environmental Protection to implement the
132 Heartland Headwaters Protection and Sustainability Act pursuant
133 to chapter 2017-111, Laws of Florida. The funds must be used to
134 enter into financial assistance agreements and distributed in
135 accordance with the projects identified in the Heartland
136 Headwaters Annual Report submitted to the Legislature pursuant
137 to s. 373.463 to finance the cost of designing or constructing
138 projects that protect, restore, or enhance the headwaters of the
139 river systems located in Heartland Region of Central Florida.
140 This distribution shall be reduced by an amount equal to the
141 debt service paid pursuant to paragraph (a) on bonds issued
142 after July 1, 2023, for the purposes set forth in this
143 subparagraph Notwithstanding subparagraph 3., for the 2022-2023
144 fiscal year, funds shall be appropriated as provided in the
145 General Appropriations Act. This subparagraph expires July 1,
146 2023.
147 Section 3. This act shall take effect July 1, 2023.
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Statutes affected:
H 557 Filed: 375.041