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 451 2024
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; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. The Legislature finds that:
13 (1) The Legislature unanimously approved CS/CS/HB 573, the
14 Headwaters Protection and Sustainability Act, in 2017, to
15 protect the headwaters of the Alafia, Hillsborough, Kissimmee,
16 Ocklawaha, Peace, and Withlacoochee Rivers located in the Green
17 Swamp and Polk County, which are some of the most important and
18 vulnerable water resources in the state.
19 (2) In the same act, the Legislature declared that it is
20 an important state interest to partner with regional water
21 supply authorities and local governments, in accordance with s.
22 373.705, Florida Statutes, to protect the water resources of the
23 headwaters of the Alafia, Hillsborough, Kissimmee, Ocklawaha,
24 Peace, and Withlacoochee Rivers and the surrounding areas.
25 (3) In 2020, the Central Florida Water Initiative Water
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26 Supply Plan developed pursuant to s. 373.0465, Florida Statutes,
27 projected the population of the region to reach 4.4 million by
28 2040, which is a 49 percent increase from a 2015 estimat e. The
29 total average of surface and ground water use in the initiative
30 planning area is projected to increase 36 percent from 667
31 million gallons per day in 2015 to 908 million gallons per day
32 in 2040.
33 (4) The Central Florida Water Initiative Water Suppl y Plan
34 concluded that in some areas of the initiative planning area,
35 fresh groundwater is near or has exceeded the limits of
36 groundwater availability and that alternative water sources will
37 need to be developed along with additional water conservation
38 efforts and local management strategies to meet the 2040
39 projected water demands or currently permitted allocations while
40 allowing currently stressed water resources and natural systems
41 to recover.
42 (5) Consistent funding support is required in order to
43 support the efforts of the water management districts to protect
44 the rivers, springs, and wetlands in the region while providing
45 for responsible development of the water resources to support
46 growth and provide for public health and safety.
47 Section 2. Paragraph (b) of subsection (3) of section
48 375.041, Florida Statutes, is amended to read:
49 375.041 Land Acquisition Trust Fund.—
50 (3) Funds distributed into the Land Acquisition Trust Fund
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51 pursuant to s. 201.15 shall be applied:
52 (b) Of the funds remaining after the payments required
53 under paragraph (a), but before funds may be appropriated,
54 pledged, or dedicated for other uses:
55 1. A minimum of the lesser of 25 percent or $200 million
56 shall be appropriated annually for Everglades projects that
57 implement the Comprehensive Everglades Restoration Plan as set
58 forth in s. 373.470, including the Central Everglades Planning
59 Project subject to congressional authorization; the Long -Term
60 Plan as defined in s. 373.4592(2); and the Northern Everglades
61 and Estuaries Protection Program as set forth in s. 373.4595.
62 From these funds, $32 million shall be distributed each fiscal
63 year through the 2023-2024 fiscal year to the South Florida
64 Water Management District for the Long-Term Plan as defined in
65 s. 373.4592(2). After deducting the $32 million distributed
66 under this subparagraph, from the funds remaining, a minimum of
67 the lesser of 76.5 percent or $100 million shall be appropriated
68 each fiscal year through the 2025-2026 fiscal year for the
69 planning, design, engineering, and construction of the
70 Comprehensive Everglades Restoration Plan as set forth in s.
71 373.470, including the Central Everglades Planning Project, the
72 Everglades Agricultural Area Storage Reservoir Project, the Lake
73 Okeechobee Watershed Project, the C-43 West Basin Storage
74 Reservoir Project, the Indian River Lagoon-South Project, the
75 Western Everglades Restoration Project, and the Picayune Strand
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76 Restoration Project. The Department of Environmental Protection
77 and the South Florida Water Management District shall give
78 preference to those Everglades restoration projects that reduce
79 harmful discharges of water from Lake Okeechobee to the St.
80 Lucie or Caloosahatchee estuaries in a timely manner. For the
81 purpose of performing the calculation provided in this
82 subparagraph, the amount of debt service paid pursuant to
83 paragraph (a) for bonds issued after July 1, 2016, for the
84 purposes set forth under this paragraph shall be added to the
85 amount remaining after the payments required under paragraph
86 (a). The amount of the distribution calculated shall then be
87 reduced by an amount equal to the debt service paid pursuant to
88 paragraph (a) on bonds issued after July 1, 2016, for the
89 purposes set forth under this subparagraph.
90 2. A minimum of the lesser of 7.6 percent or $50 million
91 shall be appropriated annually for spring restoration,
92 protection, and management projects. For the purpose of
93 performing the calculation provided in this subparagraph, the
94 amount of debt service paid pursuant to paragraph (a) for bonds
95 issued after July 1, 2016, for the purposes set forth under this
96 paragraph shall be added to the amount remaining after the
97 payments required under paragraph (a). The amount of the
98 distribution calculated shall then be reduced by an amount equal
99 to the debt service paid pursuant to paragraph (a) on bonds
100 issued after July 1, 2016, for the purposes set forth under this
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101 subparagraph.
102 3. The sum of $5 million shall be appropriated annually
103 each fiscal year through the 2025-2026 fiscal year to the St.
104 Johns River Water Management District for projects dedicated to
105 the restoration of Lake Apopka. This distribution shall be
106 reduced by an amount equal to the debt service paid pursuant to
107 paragraph (a) on bonds issued after July 1, 2016, for the
108 purposes set forth in this subparagraph.
109 4. The sum of $64 million is appropriated and shall be
110 transferred to the Everglades Trust Fund for the 2018 -2019
111 fiscal year, and each fiscal year thereafter, for the EAA
112 reservoir project pursuant to s. 373.4598. Any funds remaining
113 in any fiscal year shall be made available only for Phase II of
114 the C-51 reservoir project or projects identified in
115 subparagraph 1. and must be used in accordance with laws
116 relating to such projects. Any funds made available for such
117 purposes in a fiscal year are in addition to the amount
118 appropriated under subparagraph 1. This distribution shall be
119 reduced by an amount equal to the debt service paid pursuant to
120 paragraph (a) on bonds issued after July 1, 2017, for the
121 purposes set forth in this subparagraph.
122 5. The sum of $50 million shall be appropriated annually
123 to the South Florida Water Management District for the Lake
124 Okeechobee Watershed Restoration Project in accordance with s.
125 373.4599. This distribution must be reduced by an amount equal
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126 to the debt service paid pursuant to paragraph (a) on bonds
127 issued after July 1, 2021, for the purposes set forth in this
128 subparagraph.
129 6. The sum of $100 million shall be appropriated annually
130 to the Department of Environmental Protection for the
131 acquisition of land pursuant to s. 259.105.
132 7. The sum of $20 million shall be appropriated annually
133 to the Department of Environmental Protection to implement the
134 Heartland Headwaters Protection and Sustainability Act pursuant
135 to chapter 2017-111, Laws of Florida. The funds must be used to
136 enter into financial assistance agreements and distributed in
137 accordance with the projects identified in the Heartland
138 Headwaters Annual Report submitted to the Legislature pursuant
139 to s. 373.463 to finance the cost of designing or constr ucting
140 projects that protect, restore, or enhance the headwaters of the
141 river systems located in Heartland Region of Central Florida.
142 This distribution shall be reduced by an amount equal to the
143 debt service paid pursuant to paragraph (a) on bonds issued
144 after July 1, 2024, for the purposes set forth in this
145 subparagraph.
146 Section 3. This act shall take effect July 1, 2024.
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Statutes affected:
H 451 Filed: 375.041