Title: Environmental Protection

Summary: Requiring a minimum annual appropriation for Everglades restoration and the protection of water resources in this state beginning in a specified fiscal year; specifying requirements for the allocation of such funding; providing for future repeal of the appropriation unless reviewed and saved from repeal through reenactment by the Legislature; revising the minimum annual appropriation for certain appropriations from the Land Acquisition Trust Fund, etc.

Full Text:
An act relating to environmental protection; creating s. 373.477, F.S.; requiring a minimum annual appropriation for Everglades restoration and the protection of water resources in this state beginning in a specified fiscal year; specifying requirements for the allocation of such funding; providing for future repeal of the appropriation unless reviewed and saved from repeal through reenactment by the Legislature; amending s. 375.041, F.S.; revising the minimum annual appropriation for certain appropriations from the Land Acquisition Trust Fund; providing that such revisions expire on a specified date; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 373.477, Florida Statutes, is created to read: 373.477  Everglades restoration and protection of water resources.  For fiscal year 2020-2021, and annually thereafter, a minimum of $625 million shall be appropriated as provided in this section for the purposes of Everglades restoration and the protection of water resources in this state. The funding must be used for a science-based process to identify projects that are needed to achieve such restoration and protection. (1)   For fiscal year 2020-2021, and annually thereafter, a minimum of $625 million shall be appropriated in the following distributions as delineated in the 2020-2021 General Appropriations Act: (a)   A minimum of $236 million for Everglades projects in accordance with the provisions of s. 375.041(3)(b)1. (b) The sum of $64 million in accordance with s. 375.041(3)(b)4., for the Everglades Agricultural Area reservoir project. (c)   The sum of $50 million for springs restoration in accordance with s. 375.041(3)(b)2. (d)   A minimum of $40 million for alternative water supplies or water conservation. (e)   A minimum of $25 million as delineated in the 2020-2021 General Appropriations Act for projects within the watersheds of the St. Johns River, the Suwannee River, and the Apalachicola River. (f)   A minimum of $10 million for the Florida Resilient Coastline Initiative. (g)   A minimum of $50 million to the South Florida Water Management District for the design, engineering, and construction of aquifer storage and recovery wells. (h)   A minimum of $4 million as delineated in the 2020-2021 General Appropriations Act for red tide research. (2)   Any remaining balance after the distributions indicated in subsection (1) shall be allocated to fund any of the following: (a)   Targeted water quality improvements. (b)   Alternative water supplies or water conservation. (c)   Water quality enhancements and accountability, innovative technologies, and harmful algal bloom prevention and mitigation. (d)   Land acquisition or easement acquisition, including, but not limited to, lands or easements purchased pursuant to the Florida Forever program or the Rural and Family Lands Protection Program. (e)   Coral reef protection and restoration. (f)   Projects within the watersheds of the Indian River Lagoon. (3)   This section is repealed on June 30, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. Paragraph (b) of subsection (3) of section 375.041, Florida Statutes, is amended to read: 375.041 Land Acquisition Trust Fund.  (3) Funds distributed into the Land Acquisition Trust Fund pursuant to s. 201.15 shall be applied: (b) Of the funds remaining after the payments required under paragraph (a), but before funds may be appropriated, pledged, or dedicated for other uses: 1. A minimum of $236 million the lesser of percent or $200 million shall be appropriated annually for Everglades projects that implement the Comprehensive Everglades Restoration Plan as set forth in s. 373.470, including the Central Everglades Planning Project subject to Congressional authorization; the Long-Term Plan as defined in s. 373.4592(2); and the Northern Everglades and Estuaries Protection Program as set forth in s. 373.4595. From these funds, $32 million shall be distributed each fiscal year through the 2023-2024 fiscal year to the South Florida Water Management District for the Long-Term Plan as defined in s. 373.4592(2). After deducting the $32 million distributed under this subparagraph, from the funds remaining, a minimum of the lesser of 76.5 percent or $100 million shall be appropriated each fiscal year through the 2025 2026 fiscal year for the planning, design, engineering, and construction of the Comprehensive Everglades Restoration Plan as set forth in s. 373.470, including the Central Everglades Planning Project, the Everglades Agricultural Area Storage Reservoir Project, the Lake Okeechobee Watershed Project, the CWest Basin Storage Reservoir Project, the Indian River Lagoon-South Project, the Western Everglades Restoration Project, and the Picayune Strand Restoration Project. The Department of Environmental Protection and the South Florida Water Management District shall give preference to those Everglades restoration projects that reduce harmful discharges of water from Lake Okeechobee to the St. Lucie or Caloosahatchee estuaries in a timely manner. For the purpose of performing the calculation provided in this subparagraph, the amount of debt service paid pursuant to paragraph (a) for bonds issued after July 1, 2016, for the purposes set forth under paragraph (b) shall be added to the amount remaining after the payments required under paragraph (a). The amount of the distribution calculated shall then be reduced by an amount equal to the debt service paid pursuant to paragraph (a) on bonds issued after July 1, 2016, for the purposes set forth under this subparagraph. 2. A minimum of the lesser of 7.6 percent or $50 million shall be appropriated annually for spring restoration, protection, and management projects. For the purpose of performing the calculation provided in this subparagraph, the amount of debt service paid pursuant to paragraph (a) for bonds issued after July 1, 2016, for the purposes set forth under paragraph (b) shall be added to the amount remaining after the payments required under paragraph (a). The amount of the distribution calculated shall then be reduced by an amount equal to the debt service paid pursuant to paragraph (a) on bonds issued after July 1, 2016, for the purposes set forth under this subparagraph. 3. The sum of $5 million shall be appropriated annually each fiscal year through the 2025-2026 fiscal year to the St. Johns River Water Management District for projects dedicated to the restoration of Lake Apopka. This distribution shall be reduced by an amount equal to the debt service paid pursuant to paragraph (a) on bonds issued after July 1, 2016, for the purposes set forth in this subparagraph. 4. The sum of $64 million is appropriated and shall be transferred to the Everglades Trust Fund for the 2018-2019 fiscal year, and each fiscal year thereafter, for the EAA reservoir project pursuant to s. 373.4598. Any funds remaining in any fiscal year shall be made available only for Phase II of the C-51 reservoir project or projects identified in subparagraph 1. and must be used in accordance with laws relating to such projects. Any funds made available for such purposes in a fiscal year are in addition to the amount appropriated under subparagraph 1. This distribution shall be reduced by an amount equal to the debt service paid pursuant to paragraph (a) on bonds issued after July 1, 2017, for the purposes set forth in this subparagraph. 5. Notwithstanding subparagraph 3., for the 2019-2020 fiscal year, funds shall be appropriated as provided in the General Appropriations Act. This subparagraph expires July 1, 2020. Section 3.  The amendment made to s. 375.041 (3)(b),Florida Statutes, by this act expires June 30, 2023, and the text of that paragraph shall revert to that in existence on June 30, 2020, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section. Section 4. This act shall take effect July 1, 2020.