Bill Text: FL S0010 | 2017 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water Resources
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-05-10 - Chapter No. 2017-10 [S0010 Detail]
Download: Florida-2017-S0010-Engrossed.html
Bill Title: Water Resources
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-05-10 - Chapter No. 2017-10 [S0010 Detail]
Download: Florida-2017-S0010-Engrossed.html
CS for SB 10 First Engrossed 201710e1 1 A bill to be entitled 2 An act relating to water resources; amending s. 3 201.15, F.S.; revising the requirements under which 4 certain bonds may be issued; amending s. 215.618, 5 F.S.; providing an exception to the requirement that 6 bonds issued for acquisition and improvement of land, 7 water areas, and related property interests and 8 resources be deposited into the Florida Forever Trust 9 Fund and distributed in a specified manner; creating 10 s. 373.4598, F.S.; providing legislative findings and 11 intent; defining terms; authorizing the South Florida 12 Water Management District and the Board of Trustees of 13 the Internal Improvement Trust Fund to negotiate the 14 amendment and termination of leases on lands within 15 the Everglades Agricultural Area for exchange or use 16 for the reservoir project; requiring certain lease 17 agreements for agricultural work programs to be 18 terminated in accordance with the lease terms; 19 requiring the district to identify certain lands; 20 requiring that the district contact the lessors or 21 landowners of any land identified by a certain date; 22 requiring the board to provide certain land to the 23 district; authorizing the district to acquire land 24 from willing sellers under certain circumstances; 25 prohibiting the total acreage necessary for additional 26 water treatment from exceeding the amount reasonably 27 required to meet state and federal water quality 28 standards; requiring the district to request that the 29 United States Army Corps of Engineers jointly develop 30 a post-authorization change report for the Central 31 Everglades Planning Project; providing requirements 32 for the report; requiring the district to report the 33 status of the report to the Legislature by a certain 34 date; requiring the district to terminate an option 35 agreement under certain circumstances; requiring the 36 district to request the corps to initiate the project 37 implementation report for the Everglades Agricultural 38 Area reservoir project by a certain date under 39 specified conditions; requiring the district to give 40 hiring preferences to certain displaced agricultural 41 workers; authorizing the district to negotiate with 42 the owners of the C-51 reservoir project; providing 43 requirements for the C-51 reservoir project if state 44 funds are appropriated for the project; authorizing 45 certain costs to be funded using Florida Forever bond 46 proceeds under certain circumstances; specifying how 47 such bond proceeds shall be deposited; authorizing the 48 use of state funds for the reservoir project; 49 requiring the district to seek additional sources of 50 funding; requiring the district to request the corps, 51 in the corps’ review of the regulation schedule, to 52 consider any repairs to the Herbert Hoover Dike and 53 implementation of certain projects to optimally 54 utilize the added storage capacity; creating s. 55 373.475, F.S.; providing legislative findings and 56 intent; defining terms; requiring the state, through 57 the Department of Environmental Protection, to provide 58 certain funding assistance to local governments and 59 water supply entities for the development and 60 construction of water storage facilities; requiring 61 the department to adopt rules; specifying required 62 documentation for local government or water supply 63 entities; specifying that recipients need not request 64 certain advance payment; authorizing technical 65 assistance from the department and water management 66 districts to local governments or water supply 67 entities for a certain purpose; specifying certain 68 loan funding minimums and term requirements; requiring 69 a report; authorizing certain audits and servicing 70 fees; providing that the Water Protection and 71 Sustainability Program Trust Fund must be used to 72 carry out the purposes of the water storage facility 73 revolving loan fund; specifying certain default and 74 compliance provisions; amending s. 375.041, F.S.; 75 requiring certain distributions to be made from the 76 Land Acquisition Trust Fund; amending s. 403.890, 77 F.S.; revising the purposes for which distributions 78 may be made from and to the Water Protection and 79 Sustainability Program Trust Fund; creating s. 446.71, 80 F.S.; requiring the Department of Economic 81 Opportunity, in cooperation with CareerSource Florida, 82 Inc., to establish the Everglades Restoration 83 Agricultural Community Employment Training Program 84 within the department; providing requirements for the 85 program; providing a legislative finding; specifying 86 award restrictions; requiring the department to adopt 87 rules; amending s. 946.511, F.S.; prohibiting the use 88 of inmates for correctional work programs in the 89 agricultural industry in certain areas; providing a 90 directive to the Division of Law Revision and 91 Information; providing appropriations; providing an 92 effective date. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1. Paragraph (a) of subsection (3) of section 97 201.15, Florida Statutes, is amended to read: 98 201.15 Distribution of taxes collected.—All taxes collected 99 under this chapter are hereby pledged and shall be first made 100 available to make payments when due on bonds issued pursuant to 101 s. 215.618 or s. 215.619, or any other bonds authorized to be 102 issued on a parity basis with such bonds. Such pledge and 103 availability for the payment of these bonds shall have priority 104 over any requirement for the payment of service charges or costs 105 of collection and enforcement under this section. All taxes 106 collected under this chapter, except taxes distributed to the 107 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 108 are subject to the service charge imposed in s. 215.20(1). 109 Before distribution pursuant to this section, the Department of 110 Revenue shall deduct amounts necessary to pay the costs of the 111 collection and enforcement of the tax levied by this chapter. 112 The costs and service charge may not be levied against any 113 portion of taxes pledged to debt service on bonds to the extent 114 that the costs and service charge are required to pay any 115 amounts relating to the bonds. All of the costs of the 116 collection and enforcement of the tax levied by this chapter and 117 the service charge shall be available and transferred to the 118 extent necessary to pay debt service and any other amounts 119 payable with respect to bonds authorized before January 1, 2017, 120 secured by revenues distributed pursuant to this section. All 121 taxes remaining after deduction of costs shall be distributed as 122 follows: 123 (3) Amounts on deposit in the Land Acquisition Trust Fund 124 shall be used in the following order: 125 (a) Payment of debt service or funding of debt service 126 reserve funds, rebate obligations, or other amounts payable with 127 respect to Florida Forever bonds issued pursuant to s. 215.618. 128 The amount used for such purposes may not exceed $300 million in 129 each fiscal year. It is the intent of the Legislature that all 130 bonds issued to fund the Florida Forever Act be retired by 131 December 31, 2040. Except for bonds issued to refund previously 132 issued bonds, no series of bonds may be issued pursuant to this 133 paragraph unless such bonds are approved and the debt service 134 for the remainder of the fiscal year in which the bonds are 135 issued is specifically appropriated in the General 136 Appropriations Act or other law with respect to bonds issued for 137 the purposes of s. 373.4598. 138 139 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 140 and ratably secured by moneys distributable to the Land 141 Acquisition Trust Fund. 142 Section 2. Subsection (5) of section 215.618, Florida 143 Statutes, is amended to read: 144 215.618 Bonds for acquisition and improvement of land, 145 water areas, and related property interests and resources.— 146 (5) The proceeds from the sale of bonds issued pursuant to 147 this section, less the costs of issuance, the costs of funding 148 reserve accounts, and other costs with respect to the bonds, 149 shall be deposited into the Florida Forever Trust Fund. The bond 150 proceeds deposited into the Florida Forever Trust Fund shall be 151 distributed by the Department of Environmental Protection as 152 provided in s. 259.105. This subsection does not apply to 153 proceeds from the sale of bonds issued for the purposes of s. 154 373.4598. 155 Section 3. Section 373.4598, Florida Statutes, is created 156 to read: 157 373.4598 Water storage reservoirs.— 158 (1) LEGISLATIVE FINDINGS AND INTENT.— 159 (a) The Legislature declares that an emergency exists 160 regarding the St. Lucie and Caloosahatchee estuaries due to the 161 high-volume freshwater discharges to the east and west of the 162 lake. Such discharges have manifested in widespread algae 163 blooms, public health impacts, and extensive environmental harm 164 to wildlife and the aquatic ecosystem. These conditions, as 165 outlined in the state of emergency declared by the Governor 166 under Executive Orders 16-59, 16-155, and 16-156, threaten the 167 ecological integrity of the estuaries and the economic viability 168 of the state and affected communities. 169 (b) The Legislature finds that increasing water storage is 170 necessary to reduce the high-volume freshwater discharges from 171 the lake to the estuaries and restore the hydrological 172 connection to the Everglades. CERP projects necessary to reduce 173 the discharges and improve the flows to the Everglades should 174 receive priority funding, such as the Lake Okeechobee Watershed 175 project to the north of the lake; the Everglades Agricultural 176 Area reservoir project to the south of the lake; the C-43 West 177 Basin Reservoir Storage project to the west of the lake; and the 178 Indian River Lagoon-South project to the east of the lake. 179 (c) The Legislature finds that the rate of funding for CERP 180 must be increased if restoration will be achieved within the 181 timeframe originally envisioned and that the delay in 182 substantial progress toward completing critical elements of 183 restoration, such as southern storage, will cause irreparable 184 harm to natural systems and, ultimately, increase the cost of 185 restoration. A substantial commitment to the advancement of 186 projects identified as part of CERP will reduce ongoing 187 ecological damage to the St. Lucie and Caloosahatchee estuaries. 188 (d) The Legislature recognizes that the EAA reservoir 189 project was conditionally authorized in the Water Resources 190 Development Act of 2000 as a project component of CERP. Unless 191 other funding is available, the Legislature directs the 192 district, in the implementation of the reservoir project, to 193 abide by applicable state and federal law in order to do that 194 which is required to obtain federal credit under CERP. If the 195 district implements the EAA reservoir project as a project 196 component as defined in s. 373.1501, the district must abide by 197 all applicable state and federal law relating to such projects. 198 (e) This section is not intended to diminish the 199 commitments made by the state in chapter 2016-201, Laws of 200 Florida. 201 (2) DEFINITIONS.—As used in this section, the term: 202 (a) “A-1 parcel” means an area of district-owned land 203 located between the Miami Canal and North New River Canal 204 consisting of approximately 17,000 acres which is bordered to 205 the north by private agricultural lands, to the east by U.S. 206 Highway 27, to the south by Stormwater Treatment Area 3/4, and 207 to the west by the Holey Land Wildlife Management Area and the 208 A-2 parcel. 209 (b) “A-2 parcel” means an area of district-owned land 210 located between the Miami Canal and the North New River Canal 211 consisting of approximately 14,000 acres of land to the east of 212 the Miami Canal which is bordered to the north by private 213 agricultural lands, to the east by the A-1 parcel, and to the 214 south by the Holey Land Wildlife Management Area. 215 (c) “Board” means the Board of Trustees of the Internal 216 Improvement Trust Fund. 217 (d) “Central Everglades Planning Project” or “CEPP” means 218 the suite of CERP projects authorized as the “Central 219 Everglades” project in the Water Infrastructure Improvements for 220 the Nation Act, Public Law No: 114-322. 221 (e) “Comprehensive Everglades Restoration Plan” or “CERP” 222 has the same meaning as the term “comprehensive plan” as defined 223 in s. 373.470. 224 (f) “Corps” means the United States Army Corps of 225 Engineers. 226 (g) “District” means the South Florida Water Management 227 District. 228 (h) “Everglades Agricultural Area” or “EAA” has the same 229 meaning as in s. 373.4592. 230 (i) “EAA reservoir project” means the Everglades 231 Agricultural Area storage reservoir, known as Component G of 232 CERP. The term includes any necessary water quality features 233 that are required to meet state and federal water quality 234 standards. 235 (j) “Lake” means Lake Okeechobee. 236 (k) “Option agreement” means the Second Amended and 237 Restated Agreement for Sale and Purchase between the seller, 238 United States Sugar Corporation, SBG Farms, Inc., and Southern 239 Garden Groves Corporation, and the buyer, the South Florida 240 Water Management District, dated August 12, 2010. 241 (3) EAA LEASE AGREEMENTS.— 242 (a) The district and the board are authorized to negotiate 243 the amendment or termination of leases on lands within the EAA 244 for exchange or use for the EAA reservoir project. Any such 245 lease must be terminated in accordance with the lease terms or 246 upon the voluntary agreement of the lessor and lessee. In the 247 event of any such lease termination, the lessee must be 248 permitted to continue to farm on a field-by-field basis until 249 such time as the lessee’s operations are incompatible with 250 implementation of the EAA reservoir project, as reasonably 251 determined by the lessor. The district and the board may include 252 the swapping of land, assignment of leases, and other methods of 253 providing valuable consideration in negotiating the amendments 254 to or termination of such lease agreements. 255 (b) Any lease agreement relating to land in the EAA leased 256 to the Prison Rehabilitative Industries and Diversified 257 Enterprises, Inc., (PRIDE Enterprises) for an agricultural work 258 program is required to be terminated in accordance with the 259 terms of the lease agreement. Any such land previously leased 260 may be made available by the board to the district for exchange 261 for lands suitable for the EAA reservoir project or may be 262 leased for agricultural purposes. The terms of any such lease 263 must include provisions authorizing the lessor to terminate the 264 lease at any time during the lease term as to any portion, or 265 all of the premises, to be used for an environmental restoration 266 purpose. The terms of the lease may not require more than 1 267 year’s notice in order for such termination to be effective. Any 268 agricultural owner managing lands subject to an agreement with 269 PRIDE shall be given the right of first refusal in leasing any 270 such lands. 271 (c) If, after any termination of an EAA lease agreement, 272 ratoon, stubble, or residual crop remaining on the lease 273 premises is harvested or otherwise used by the lessor or any 274 third party, the lessee is entitled to be compensated for any 275 documented, unamortized planting costs, and any unamortized 276 capital costs associated with the lease and incurred prior to 277 notice. 278 (4) LAND ACQUISITION.—The Legislature declares that 279 acquiring land to increase water storage south of the lake is in 280 the public interest and that the governing board of the district 281 may acquire land, if necessary, to implement the EAA reservoir 282 project with the goal of providing at least 240,000 acre-feet of 283 water storage south of the lake. The use of eminent domain in 284 the EAA for the purpose of implementing the EAA reservoir 285 project is prohibited. 286 (a) Upon the effective date of this act, the district shall 287 identify the lessees of the approximately 3,200 acres of land 288 owned by the state or the district west of the A-2 parcel and 289 east of the Miami Canal and the private property owners of the 290 approximately 500 acres of land surrounded by such lands. 291 (b) By July 31, 2017, the district shall contact the 292 lessors and landowners of the land identified pursuant paragraph 293 (a) to express the district’s interest in acquiring land through 294 the purchase or exchange of lands or by the amendment or 295 termination of lease agreements. If land swaps or purchases are 296 necessary to assemble the required acreage, the participation of 297 private landowners must be voluntary. The district shall contact 298 the board to request that any lease of land identified pursuant 299 to paragraph (a), the title to which is vested in the board, be 300 amended or terminated. All appraisal reports, offers, and 301 counteroffers in relation to this subsection are confidential 302 and exempt from s. 119.07(1), as provided in s. 373.139. 303 (c) The board shall provide to the district, through direct 304 acquisition in fee or by a supplemental agreement, any land, the 305 title to which is vested in the board, that the district 306 identifies as necessary to construct the EAA reservoir project. 307 (d) The total acreage necessary for additional water 308 treatment may not exceed the amount reasonably required to meet 309 state and federal water quality standards as determined using 310 the water quality modeling tools of the district. The district 311 shall use the latest version of the Dynamic Model for Stormwater 312 Treatment Areas Model modeling tool and other modeling tools 313 that will be required in the planning and design of the EAA 314 reservoir project. If additional land not identified in 315 paragraph (a) is necessary for the EAA reservoir project, the 316 district shall acquire that land from willing sellers of 317 property in conjunction with the development of the 318 postauthorization change report. 319 (5) POST-AUTHORIZATION CHANGE REPORT.— 320 (a) The district is directed to request, by July 1, 2017, 321 that the corps jointly develop a post-authorization change 322 report with the district for CEPP to revise the project 323 component located on the A-2 parcel with the goal of increasing 324 water storage provided by the project component to a minimum of 325 240,000 acre-feet. Upon agreement with the corps, development of 326 the report must begin by August 1, 2017, and does not preclude 327 the implementation of the remaining CEPP project components. 328 (b) Using the A-2 parcel and the additional land identified 329 pursuant to paragraph (4)(a) and without modifying the A-1 330 parcel, the report must evaluate: 331 1. The optimal configuration of the EAA reservoir project 332 for providing at least 240,000 acre-feet of water storage; and 333 2. Any necessary increases in canal conveyance capacity to 334 reduce the discharges to the St. Lucie or Caloosahatchee 335 estuaries. 336 (c) If the district and the corps determine that an 337 alternate configuration of water storage and water quality 338 features providing for significantly more water storage, but no 339 less than 360,000 acre-feet of water storage, south of the lake 340 can be implemented on a footprint that includes modification to 341 the A-1 parcel, the district is authorized to recommend such an 342 alternative configuration in the report. Any such recommendation 343 must include sufficient water quality treatment capacity to meet 344 state and federal water quality standards. 345 (d) Pending congressional approval of the report, the 346 district may begin the preliminary planning or construction of, 347 or modification to, the project site to the extent appropriate, 348 subject to the availability of funding. Upon receipt of 349 congressional approval of the report, construction of the EAA 350 reservoir project shall be completed parallel with construction 351 of the other CEPP project components, subject to the 352 availability of funding. 353 (e) The district must report the status of the post 354 authorization change report to the Legislature by January 9, 355 2018. The report must include information on the district’s 356 ability to obtain lease modifications and land acquisitions as 357 provided in subsection (4). If the district in good faith 358 believes that the post-authorization change report will receive 359 ultimate approval but that an extension of the deadline provided 360 in paragraph (7)(a) is needed, the district must include such a 361 request in its report and may be granted an extension by the 362 Legislature. Any such extension must include a corresponding 363 date by which the district, in coordination with the corps, must 364 begin the planning study for the EAA reservoir project and 365 proceed with the A-2 parcel project component of CEPP in 366 accordance with paragraph (7)(a). 367 (6) OPTION AGREEMENT.—The district must terminate the 368 option agreement at the request of the seller if: 369 (a) The post-authorization change report receives 370 congressional approval; or 371 (b) The district certifies to the board, the President of 372 the Senate, and the Speaker of the House of Representatives that 373 the acquisition of the land necessary for the EAA reservoir 374 project, as provided in subsection (4), has been completed. 375 (7) PLANNING STUDY.— 376 (a) If, for any reason, the post-authorization change 377 report is not approved by the corps and submitted for 378 congressional approval by October 1, 2018, or the post 379 authorization change report has not received congressional 380 approval by December 31, 2019, the district, unless granted an 381 extension by the Legislature, must request the corps to initiate 382 a project implementation report, as defined in s. 373.470, for 383 the EAA reservoir project and the district may proceed with the 384 implementation of CEPP project components in accordance with the 385 final project implementation report. 386 (b) The district, when developing the project 387 implementation report, must focus on the goals of the EAA 388 reservoir project as identified in CERP, which include providing 389 additional water storage and conveyance south of the lake to 390 reduce the volume of regulatory discharges of water from the 391 lake to the east and west. 392 (c) Upon completion of the planning study and the 393 finalization of the project implementation report, as defined in 394 s. 373.470, the district, in coordination with the corps, shall 395 seek congressional authorization for the EAA reservoir project. 396 (8) AGRICULTURAL WORKERS.—The district shall give 397 preferential consideration to the hiring of former agricultural 398 workers primarily employed during 36 of the past 60 months in 399 the Everglades Agricultural Area, consistent with their 400 qualifications and abilities, for the construction and operation 401 of the EAA reservoir project. Any contract or subcontract for 402 the construction and operation of the EAA reservoir project in 403 which 50 percent or more of the cost is paid from state 404 appropriated funds must provide preference and priority in the 405 hiring of such agricultural workers. The district shall give 406 preferential consideration to contract proposals that include in 407 the contractor’s hiring practices training programs for such 408 workers. 409 (9) C-51 RESERVOIR PROJECT.— 410 (a) The C-51 reservoir project is a water storage facility 411 as defined in s. 373.475. The C-51 reservoir project is located 412 in western Palm Beach County south of the lake and consists of 413 in-ground reservoirs and conveyance structures that will provide 414 water supply and water management benefits to participating 415 water supply utilities and will also provide environmental 416 benefits by reducing freshwater discharges to tide and making 417 water available for natural systems. 418 (b) Phase I of the project will provide approximately 419 14,000 acre-feet of storage and will hydraulically connect to 420 the district’s L-8 Flow Equalization Basin. Phase II of the 421 project will provide approximately 46,000 acre-feet of water 422 storage, for a total increase of 60,000 acre-feet of water 423 storage. 424 (c) For Phase II of the C-51 reservoir project, the 425 district may negotiate with the owners of the C-51 reservoir 426 project site for the acquisition of the project or to enter into 427 a publicprivate partnership. The district may acquire land near 428 the C-51 reservoir through the purchase or exchange of land that 429 is owned by the district or the state as necessary to implement 430 Phase II of the project. The state and the district may consider 431 potential swaps of land that is owned by the state or the 432 district to achieve an optimal combination of water quality and 433 water storage. The district may not exercise eminent domain for 434 the purpose of implementing the C-51 reservoir project. 435 (d) If state funds are appropriated for Phase I or Phase II 436 of the C-51 reservoir project: 437 1. The district shall operate the reservoir to maximize the 438 reduction of high-volume Lake Okeechobee regulatory releases to 439 the St. Lucie or Caloosahatchee estuaries, in addition to 440 providing relief to the Lake Worth Lagoon; 441 2. Water made available by the reservoir shall be used for 442 natural systems in addition to any allocated amounts for water 443 supply; and 444 3. Any water received from Lake Okeechobee may not be 445 available to support consumptive use permits. 446 (e) Phase I of the C-51 reservoir project may be funded 447 through the water storage facility revolving loan fund as 448 provided in s. 373.475. Phase II of the C-51 reservoir project 449 may be funded pursuant to this section, pursuant to s. 373.475, 450 as a project component of CERP, or pursuant to s. 451 375.041(3)(b)4. 452 (10) FUNDING.— 453 (a) The Legislature determines that the authorization and 454 issuance of Florida Forever bonds for the purposes of this 455 section is in the best interest of the state and determines that 456 water storage reservoir projects should be implemented. 457 (b) Any cost related to this section, including, but not 458 limited to, the costs for land acquisition, planning, 459 construction, and operation and maintenance, may be funded using 460 proceeds from Florida Forever bonds issued under s. 215.618, in 461 an amount of up to 1.2 billion, as authorized under that 462 section. The bond proceeds from bonds issued for the purposes of 463 this section shall be deposited into the Everglades Trust Fund. 464 (c) Notwithstanding s. 373.026(8)(b) or any other provision 465 of law, the use of state funds is authorized for the EAA 466 reservoir project. 467 (d) The district shall actively seek additional sources of 468 funding, including federal funding, for the reservoir project. 469 (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district 470 shall request that the corps pursue the reevaluation of the Lake 471 Okeechobee Regulation Schedule as expeditiously as possible, 472 taking into consideration the repairs made to the Herbert Hoover 473 Dike and implementation of projects designed to reduce 474 highvolume freshwater discharges from the lake, in order to 475 optimally utilize the added water storage capacity to reduce the 476 high-volume freshwater discharges to the St. Lucie and 477 Caloosahatchee estuaries. 478 Section 4. Section 373.475, Florida Statutes, is created to 479 read: 480 373.475 Water storage facility revolving loan fund.— 481 (1)(a) In recognition that waters of the state are among 482 the state’s most basic resources, the Legislature declares that 483 such waters should be managed to conserve and protect water 484 resources and to realize the full beneficial use of such 485 resources. 486 (b) As natural storage within the system has been lost due 487 to development, the Legislature finds that additional natural or 488 man-made water storage is required to capture and prevent water 489 from being discharged to tide or otherwise lost. 490 (c) The Legislature finds that establishing infrastructure 491 financing and providing technical assistance to local 492 governments or water supply entities for water storage 493 facilities is necessary to conserve and protect the waters of 494 the state. 495 (2) For purposes of this section, the term: 496 (a) “Local governmental agency” means any municipality, 497 county, district, or authority, or any agency thereof, or a 498 combination of such, acting jointly in connection with a 499 project, which has jurisdiction over a water storage facility. 500 (b) “Water storage facility” or “facility” means all 501 facilities, including land, necessary for an above-ground or in 502 ground reservoir. Such facilities may be publicly owned, 503 privately owned, investor-owned, or cooperatively held. 504 (3) The state, through the department, shall provide 505 funding assistance to local governments or water supply entities 506 for the development and construction of water storage facilities 507 to increase the availability of sufficient water for all 508 existing and future reasonable-beneficial uses and natural 509 systems. 510 (a) The department may make loans, provide loan guarantees, 511 purchase loan insurance, and refinance local debt through the 512 issue of new loans for water storage facilities approved by the 513 department. Local governments or water supply entities may 514 borrow funds made available pursuant to this section and may 515 pledge any revenues or other adequate security available to them 516 to repay any funds borrowed. 517 (b) The department may award loan amounts for up to 75 518 percent of the costs of planning, designing, constructing, 519 upgrading, or replacing water resource infrastructure or 520 facilities, whether natural or man-made, including the 521 acquisition of real property for water storage facilities. 522 (4) Subject to appropriation, the department shall adopt 523 rules to carry out the purposes of this section. Such rules 524 must: 525 (a) Establish a priority system for loans based on 526 compliance with state requirements. The priority system must 527 give special consideration to: 528 1. Projects that provide for the development of alternative 529 water supply projects and management techniques in areas where 530 existing source waters are limited or threatened by saltwater 531 intrusion, excessive drawdowns, contamination, or other 532 problems; 533 2. Projects that contribute to the sustainability of 534 regional water sources; 535 3. Projects that produce additional water available for 536 consumptive uses or natural systems; 537 4. Projects that diversify water supply so that the needs 538 of consumptive uses and the natural system are met during wet 539 and dry conditions; or 540 5. Projects that provide flexibility in addressing the 541 unpredictability of water conditions from water year to water 542 year. 543 (b) Establish the requirements for the award and repayment 544 of financial assistance. 545 (c) Require evidence of credit worthiness and adequate 546 security, including an identification of revenues to be pledged 547 and documentation of their sufficiency for loan repayment and 548 pledged revenue coverage to ensure that each loan recipient can 549 meet its loan repayment requirements. 550 (d) Require each project receiving financial assistance to 551 be cost-effective, environmentally sound, and implementable. 552 (e) Require each project to be self-supporting if the 553 project is primarily for the purpose of water supply for 554 consumptive use. 555 (5) Before approval of a loan, the local government or 556 water supply entity must, at a minimum, submit all of the 557 following to the department: 558 (a) A repayment schedule. 559 (b) Evidence of the permittability or implementability of 560 the facility proposed for financial assistance. 561 (c) Plans and specifications, biddable contract documents, 562 or other documentation of appropriate procurement of goods and 563 services. 564 (d) Written assurance that records will be kept using 565 generally accepted accounting principles and that the department 566 or its agents and the Auditor General will have access to all 567 records pertaining to the loan. 568 (e) If the facility is required to be self-supporting 569 according to paragraph (4)(e), documentation that it will be 570 self-supporting. 571 (f) Documentation that the water management district within 572 whose boundaries the facility will be located has approved the 573 facility. If the facility crosses jurisdictional boundaries, 574 approval from each applicable district must be documented and 575 provided to the department. 576 (6) Recipients of financial assistance under this section 577 may receive disbursements based on invoiced costs and are not 578 required to request advance payment pursuant to s. 216.181(16). 579 Proof of payment of invoiced costs must be submitted before or 580 concurrent with the recipient’s next disbursement request. 581 (7) The department and water management districts are 582 authorized to provide technical assistance to local governments 583 or water supply entities for water storage facilities funded 584 pursuant to this section. 585 (8) The minimum amount of a loan is $75,000. The term of 586 loans made pursuant to this section may not exceed 30 years. 587 (9) As part of the report required under s. 403.8532, the 588 department shall prepare a report at the end of each fiscal year 589 which details the financial assistance provided under this 590 section, service fees collected, interest earned, and loans 591 outstanding. 592 (10) The department may conduct an audit of the loan 593 project upon completion, or may require that a separate project 594 audit, prepared by an independent certified public accountant, 595 be submitted. 596 (11) The department may require reasonable service fees on 597 loans made to local governments or water supply entities to 598 ensure that the program will be operated in perpetuity and to 599 implement the purposes authorized under this section. Service 600 fees may not be less than 2 percent or greater than 4 percent of 601 the loan amount exclusive of the service fee. Service fee 602 revenues shall be deposited into the department’s Grants and 603 Donations Trust Fund. The fee revenues, and interest earnings 604 thereon, shall be used exclusively for the purposes of this 605 section. 606 (12) The Water Protection and Sustainability Program Trust 607 Fund established under s. 403.891 shall be used for the purposes 608 of this section. Any funds that are not needed for immediate 609 financial assistance shall be invested pursuant to s. 215.49. 610 State funds and investment earnings shall be deposited into the 611 fund. The principal and interest of all loans repaid, and 612 investment earnings thereon, shall be deposited into the fund. 613 (13)(a) If a local governmental agency defaults under the 614 terms of its loan agreement, the department shall so certify to 615 the Chief Financial Officer, who shall forward the amount 616 delinquent to the department from any unobligated funds due to 617 the local governmental agency under any revenue-sharing or tax 618 sharing fund established by the state, except as otherwise 619 provided by the State Constitution. Certification of delinquency 620 does not preclude the department from pursuing other remedies 621 available for default on a loan, including accelerating loan 622 repayments, eliminating all or part of the interest rate subsidy 623 on the loan, and court appointment of a receiver to manage the 624 public water system. 625 (b) If a water storage facility owned by a person other 626 than a local governmental agency defaults under the terms of its 627 loan agreement, the department may take all actions available 628 under law to remedy the default. 629 (c) The department may impose a penalty for delinquent loan 630 payments in the amount of 6 percent of the amount due, in 631 addition to charging the cost to handle and process the debt. 632 Penalty interest accrues on any amount due and payable beginning 633 on the 30th day following the date that the payment was due. 634 (14) The department may terminate or rescind a financial 635 assistance agreement if the recipient fails to comply with the 636 terms and conditions of the agreement. 637 Section 5. Subsection (3) of section 375.041, Florida 638 Statutes, is amended to read: 639 375.041 Land Acquisition Trust Fund.— 640 (3) Funds distributed into the Land Acquisition Trust Fund 641 pursuant to s. 201.15 shall be applied: 642 (a) First, to pay debt service or to fund debt service 643 reserve funds, rebate obligations, or other amounts payable with 644 respect to Florida Forever bonds issued under s. 215.618; and 645 pay debt service, provide reserves, and pay rebate obligations 646 and other amounts due with respect to Everglades restoration 647 bonds issued under s. 215.619; and 648 (b) Of the funds remaining after the payments required 649 under paragraph (a), but before funds may be appropriated, 650 pledged, or dedicated for other uses: 651 1. A minimum of the lesser of 25 percent or $200 million 652 shall be appropriated annually for Everglades projects that 653 implement the Comprehensive Everglades Restoration Plan as set 654 forth in s. 373.470, including the Central Everglades Planning 655 Project subject to Congressional authorization; the Long-Term 656 Plan as defined in s. 373.4592(2); and the Northern Everglades 657 and Estuaries Protection Program as set forth in s. 373.4595. 658 From these funds, $32 million shall be distributed each fiscal 659 year through the 2023-2024 fiscal year to the South Florida 660 Water Management District for the Long-Term Plan as defined in 661 s. 373.4592(2). After deducting the $32 million distributed 662 under this subparagraph, from the funds remaining, a minimum of 663 the lesser of 76.5 percent or $100 million shall be appropriated 664 each fiscal year through the 2025-2026 fiscal year for the 665 planning, design, engineering, and construction of the 666 Comprehensive Everglades Restoration Plan as set forth in s. 667 373.470, including the Central Everglades Planning Project, the 668 Everglades Agricultural Area Storage Reservoir Project, the Lake 669 Okeechobee Watershed Project, the C-43 West Basin Storage 670 Reservoir Project, the Indian River Lagoon-South Project, the 671 Western Everglades Restoration Project, the C-111 South-Dade 672 Project, and the Picayune Strand Restoration Projectsubject to673Congressional authorization. The Department of Environmental 674 Protection and the South Florida Water Management District shall 675 give preference to those Everglades restoration projects that 676 reduce harmful discharges of water from Lake Okeechobee to the 677 St. Lucie or Caloosahatchee estuaries in a timely manner. For 678 the purpose of performing the calculation provided in this 679 subparagraph, the amount of debt service paid pursuant to 680 paragraph (a) for bonds issued after July 1, 2016, for the 681 purposes set forth under paragraph (b) shall be added to the 682 amount remaining after the payments required under paragraph 683 (a). The amount of the distribution calculated shall then be 684 reduced by an amount equal to the debt service paid pursuant to 685 paragraph (a) on bonds issued after July 1, 2016, for the 686 purposes set forth under this subparagraph. 687 2. A minimum of the lesser of 7.6 percent or $50 million 688 shall be appropriated annually for spring restoration, 689 protection, and management projects. For the purpose of 690 performing the calculation provided in this subparagraph, the 691 amount of debt service paid pursuant to paragraph (a) for bonds 692 issued after July 1, 2016, for the purposes set forth under 693 paragraph (b) shall be added to the amount remaining after the 694 payments required under paragraph (a). The amount of the 695 distribution calculated shall then be reduced by an amount equal 696 to the debt service paid pursuant to paragraph (a) on bonds 697 issued after July 1, 2016, for the purposes set forth under this 698 subparagraph. 699 3. The sum of $5 million shall be appropriated annually 700 each fiscal year through the 2025-2026 fiscal year to the St. 701 Johns River Water Management District for projects dedicated to 702 the restoration of Lake Apopka. This distribution shall be 703 reduced by an amount equal to the debt service paid pursuant to 704 paragraph (a) on bonds issued after July 1, 2016, for the 705 purposes set forth in this subparagraph. 706 4. The sum of $100 million is appropriated and shall be 707 transferred to the Everglades Trust Fund for the 2018-2019 708 fiscal year, and each fiscal year thereafter, for reservoir 709 projects that implement s. 373.4598. Any funds remaining in any 710 fiscal year shall be made available only for projects identified 711 in subparagraph 1. and must be used in accordance with laws 712 relating to such projects. Any funds made available for such 713 purposes in a fiscal year is in addition to the amount 714 appropriated under that subparagraph. This distribution shall be 715 reduced by an amount equal to the debt service paid pursuant to 716 paragraph (a) on bonds issued after July 1, 2017, for the 717 purposes set forth in this subparagraph. 718 Section 6. Section 403.890, Florida Statutes, is amended to 719 read: 720 403.890 Water Protection and Sustainability Program.— 721 (1) Revenues deposited into or appropriated to the Water 722 Protection and Sustainability Program Trust Fund shall be 723 distributed by the Department of Environmental Protection for 724 the following purposesin the following manner: 725 (a)(1) Sixty-five percent to the Department of726Environmental Protection forTheimplementation of an727 alternative water supply program as provided in s. 373.707. 728 (b) The water storage facility revolving loan fund as 729 provided in s. 373.475. 730 (2) Revenues deposited into or appropriated to the Water 731 Protection and Sustainability Program Trust Fund for purposes of 732 the water storage facility revolving loan fund may only be used 733 for such purposes. 734(2) Twenty-two and five-tenths percent for the735implementation of best management practices and capital project736expenditures necessary for the implementation of the goals of737the total maximum daily load program established in s. 403.067.738Of these funds, 83.33 percent shall be transferred to the credit739of the Department of Environmental Protection Water Quality740Assurance Trust Fund to address water quality impacts associated741with nonagricultural nonpoint sources. Sixteen and sixty-seven742hundredths percent of these funds shall be transferred to the743Department of Agriculture and Consumer Services General744Inspection Trust Fund to address water quality impacts745associated with agricultural nonpoint sources. These funds shall746be used for research, development, demonstration, and747implementation of the total maximum daily load program under s.748403.067, suitable best management practices or other measures749used to achieve water quality standards in surface waters and750water segments identified pursuant to s. 303(d) of the Clean751Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.752Implementation of best management practices and other measures753may include cost-share grants, technical assistance,754implementation tracking, and conservation leases or other755agreements for water quality improvement. The Department of756Environmental Protection and the Department of Agriculture and757Consumer Services may adopt rules governing the distribution of758funds for implementation of capital projects, best management759practices, and other measures. These funds shall not be used to760abrogate the financial responsibility of those point and761nonpoint sources that have contributed to the degradation of762water or land areas. Increased priority shall be given by the763department and the water management district governing boards to764those projects that have secured a cost-sharing agreement765allocating responsibility for the cleanup of point and nonpoint766sources.767(3) Twelve and five-tenths percent to the Department of768Environmental Protection for the Disadvantaged Small Community769Wastewater Grant Program as provided in s. 403.1838.770 (3)(4)On June 30, 2009, and every 24 months thereafter, 771 the Department of Environmental Protection shall request the 772 return of all unencumbered funds distributed for the purposes of 773 the alternative water supply programpursuant to this section. 774 These funds shall be deposited into the Water Protection and 775 Sustainability Program Trust Fund and redistributed for such 776 purposespursuant to the provisions of this section. 777 Section 7. Section 446.71, Florida Statutes, is created to 778 read: 779 446.71 Everglades Restoration Agricultural Community 780 Employment Training Program.— 781 (1) The Department of Economic Opportunity, in cooperation 782 with CareerSource Florida, Inc., shall establish the Everglades 783 Restoration Agricultural Community Employment Training Program 784 within the Department of Economic Opportunity. The Department of 785 Economic Opportunity shall use funds appropriated to the program 786 by the Legislature to provide grants to stimulate and support 787 training and employment programs that seek to match persons who 788 complete such training programs to nonagricultural employment 789 opportunities in areas of high agricultural unemployment, and to 790 provide other training, educational, and information services 791 necessary to stimulate the creation of jobs in the areas of high 792 agricultural unemployment. In determining whether to provide 793 funds to a particular program, the Department of Economic 794 Opportunity shall consider the location of the program in 795 proximity to the program’s intended participants. 796 (2) The Legislature supports projects that improve the 797 economy in the Everglades Agricultural Area. In recognition of 798 the employment opportunities and economic development generated 799 by new and expanding industries in the area, such as the 800 Airglades Airport in Hendry County and the development of an 801 inland port in Palm Beach County, the Legislature finds that 802 training the citizens of the state to fill the needs of these 803 industries significantly enhances the economic viability of the 804 region. 805 (3) Funds may be used for grants for tuition for public or 806 private technical or vocational programs and matching grants to 807 employers to conduct employer-based training programs, or for 808 the purchase of equipment to be used for training purposes, the 809 hiring of instructors, or any other purpose directly associated 810 with the program. 811 (4) The Department of Economic Opportunity may not award a 812 grant to any given training program which exceeds 50 percent of 813 the total cost of the program, unless the training program is 814 located within a rural area of opportunity, in which case the 815 grant may exceed 50 percent of the total cost of the program and 816 up to 100 percent. Matching contributions may include in-kind 817 services, including, but not limited to, the provision of 818 training instructors, equipment, and training facilities. 819 (5) Prior to granting a request for funds made in 820 accordance with this section, the Department of Economic 821 Opportunity shall enter into a grant agreement with the 822 requestor of funds and the institution receiving funding through 823 the program. Such agreement must include all of the following 824 information: 825 (a) An identification of the personnel necessary to conduct 826 the instructional program, the qualifications of such personnel, 827 and the respective responsibilities of the parties for paying 828 costs associated with the employment of such personnel. 829 (b) An identification of the estimated length of the 830 instructional program. 831 (c) An identification of all direct, training-related 832 costs, including tuition and fees, curriculum development, books 833 and classroom materials, and overhead or indirect costs. 834 (d) An identification of special program requirements that 835 are not otherwise addressed in the agreement. 836 (6) The Department of Economic Opportunity may grant up to 837 100 percent of the tuition for a training program participant 838 who currently resides, and has resided for at least three of the 839 five immediately preceding years within the Everglades 840 Agricultural Area as described in s. 373.4592 and in counties 841 that provide for water storage and dispersed water storage that 842 is located in Rural Areas of Opportunity as described in s. 843 288.0656. 844 (7) Programs established in the Everglades Agricultural 845 Area must include opportunities to obtain the qualifications and 846 skills necessary for jobs related to federal and state 847 restoration projects, the Airglades Airport in Hendry County, an 848 inland port in Palm Beach County, or other industries with 849 verifiable, demonstrated interest in operating within the 850 Everglades Agricultural Area and in counties that provide for 851 water storage and dispersed water storage that is located in 852 Rural Areas of Opportunity as described in s. 288.0656. 853 (8) The Department of Economic Opportunity shall adopt 854 rules to implement this section. 855 Section 8. Subsection (3) is added to section 946.511, 856 Florida Statutes, to read: 857 946.511 Inmate labor to operate correctional work 858 programs.— 859 (3) Beginning July 1, 2017, the use of inmates for 860 correctional work programs in the agricultural industry in the 861 EAA or in any area experiencing high unemployment rates in the 862 agricultural sector is prohibited. Any lease agreement relating 863 to land in the EAA leased to the Prison Rehabilitative 864 Industries and Diversified Enterprises, Inc., (PRIDE 865 Enterprises) for an agricultural work program is required to be 866 terminated in accordance with the terms of the lease agreement. 867 Section 9. The Division of Law Revision and Information is 868 directed to replace the phrase “the effective date of this act” 869 wherever it occurs in this act with the date the act becomes a 870 law. 871 Section 10. For the 2017-2018 fiscal year, the sum of $30 872 million in nonrecurring funds from the Land Acquisition Trust 873 Fund is appropriated to the Everglades Trust Fund for the 874 purposes of acquiring land or negotiating leases pursuant to s. 875 373.4598(4), Florida Statutes, or for any cost related to the 876 planning or construction of the EAA reservoir project as defined 877 in s. 373.4598, Florida Statutes. 878 Section 11. For the 2017-2018 fiscal year, the sum of $3 879 million in nonrecurring funds from the Land Acquisition Trust 880 Fund is appropriated to the Everglades Trust Fund for the 881 purposes of developing the post-authorization change report 882 pursuant to s. 373.4598, Florida Statutes, and the sum of $1 883 million in nonrecurring funds from the Land Acquisition Trust 884 Fund is appropriated to the Everglades Trust Fund for the 885 purposes of negotiating Phase II of the C-51 reservoir project 886 pursuant to s. 373.4598, Florida Statutes. 887 Section 12. For the 2017-2018 fiscal year, the sum of $30 888 million in nonrecurring funds from the Land Acquisition Trust 889 Fund is appropriated to the Water Resource Protection and 890 Sustainability Program Trust Fund for the purpose of 891 implementing Phase I of the C-51 reservoir project as a water 892 storage facility in accordance with ss. 373.4598 and 373.475, 893 Florida Statutes. 894 Section 13. This act shall take effect upon becoming a law. 895