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