Bill Text: FL S0010 | 2017 | Regular Session | Enrolled
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-Enrolled.html
ENROLLED 2017 Legislature CS for SB 10, 2nd Engrossed 201710er 1 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; authorizing technical assistance from the 64 department and water management districts to local 65 governments or water supply entities for a certain 66 purpose; specifying certain loan funding minimums and 67 term requirements; requiring a report; authorizing 68 certain audits and servicing fees; providing that the 69 Water Protection and Sustainability Program Trust Fund 70 must be used to carry out the purposes of the water 71 storage facility revolving loan fund; specifying 72 certain default and compliance provisions; amending s. 73 375.041, F.S.; requiring certain distributions to be 74 made from the Land Acquisition Trust Fund; amending s. 75 403.890, F.S.; revising the purposes for which 76 distributions may be made from and to the Water 77 Protection and Sustainability Program Trust Fund; 78 creating s. 446.71, F.S.; requiring the Department of 79 Economic Opportunity, in cooperation with CareerSource 80 Florida, Inc., to establish the Everglades Restoration 81 Agricultural Community Employment Training Program 82 within the department; providing requirements for the 83 program; providing a legislative finding; specifying 84 award restrictions; requiring the department to adopt 85 rules; amending s. 946.511, F.S.; prohibiting the use 86 of inmates for correctional work programs in the 87 agricultural industry in certain areas; providing a 88 directive to the Division of Law Revision and 89 Information; providing appropriations; providing an 90 effective date. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1. Paragraph (a) of subsection (3) of section 95 201.15, Florida Statutes, is amended to read: 96 201.15 Distribution of taxes collected.—All taxes collected 97 under this chapter are hereby pledged and shall be first made 98 available to make payments when due on bonds issued pursuant to 99 s. 215.618 or s. 215.619, or any other bonds authorized to be 100 issued on a parity basis with such bonds. Such pledge and 101 availability for the payment of these bonds shall have priority 102 over any requirement for the payment of service charges or costs 103 of collection and enforcement under this section. All taxes 104 collected under this chapter, except taxes distributed to the 105 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 106 are subject to the service charge imposed in s. 215.20(1). 107 Before distribution pursuant to this section, the Department of 108 Revenue shall deduct amounts necessary to pay the costs of the 109 collection and enforcement of the tax levied by this chapter. 110 The costs and service charge may not be levied against any 111 portion of taxes pledged to debt service on bonds to the extent 112 that the costs and service charge are required to pay any 113 amounts relating to the bonds. All of the costs of the 114 collection and enforcement of the tax levied by this chapter and 115 the service charge shall be available and transferred to the 116 extent necessary to pay debt service and any other amounts 117 payable with respect to bonds authorized before January 1, 2017, 118 secured by revenues distributed pursuant to this section. All 119 taxes remaining after deduction of costs shall be distributed as 120 follows: 121 (3) Amounts on deposit in the Land Acquisition Trust Fund 122 shall be used in the following order: 123 (a) Payment of debt service or funding of debt service 124 reserve funds, rebate obligations, or other amounts payable with 125 respect to Florida Forever bonds issued pursuant to s. 215.618. 126 The amount used for such purposes may not exceed $300 million in 127 each fiscal year. It is the intent of the Legislature that all 128 bonds issued to fund the Florida Forever Act be retired by 129 December 31, 2040. Except for bonds issued to refund previously 130 issued bonds, no series of bonds may be issued pursuant to this 131 paragraph unless such bonds are approved and the debt service 132 for the remainder of the fiscal year in which the bonds are 133 issued is specifically appropriated in the General 134 Appropriations Act or other law with respect to bonds issued for 135 the purposes of s. 373.4598. 136 137 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 138 and ratably secured by moneys distributable to the Land 139 Acquisition Trust Fund. 140 Section 2. Subsection (5) of section 215.618, Florida 141 Statutes, is amended to read: 142 215.618 Bonds for acquisition and improvement of land, 143 water areas, and related property interests and resources.— 144 (5) The proceeds from the sale of bonds issued pursuant to 145 this section, less the costs of issuance, the costs of funding 146 reserve accounts, and other costs with respect to the bonds, 147 shall be deposited into the Florida Forever Trust Fund. The bond 148 proceeds deposited into the Florida Forever Trust Fund shall be 149 distributed by the Department of Environmental Protection as 150 provided in s. 259.105. This subsection does not apply to 151 proceeds from the sale of bonds issued for the purposes of s. 152 373.4598. 153 Section 3. Section 373.4598, Florida Statutes, is created 154 to read: 155 373.4598 Water storage reservoirs.— 156 (1) LEGISLATIVE FINDINGS AND INTENT.— 157 (a) The Legislature declares that an emergency exists 158 regarding the St. Lucie and Caloosahatchee estuaries due to the 159 high-volume freshwater discharges to the east and west of the 160 lake. Such discharges have manifested in widespread algae 161 blooms, public health impacts, and extensive environmental harm 162 to wildlife and the aquatic ecosystem. These conditions, as 163 outlined in the state of emergency declared by the Governor 164 under Executive Orders 16-59, 16-155, and 16-156, threaten the 165 ecological integrity of the estuaries and the economic viability 166 of the state and affected communities. 167 (b) The Legislature finds that increasing water storage is 168 necessary to reduce the high-volume freshwater discharges from 169 the lake to the estuaries and restore the hydrological 170 connection to the Everglades. CERP projects necessary to reduce 171 the discharges and improve the flows to the Everglades should 172 receive priority funding, such as the Lake Okeechobee Watershed 173 project to the north of the lake; the Everglades Agricultural 174 Area reservoir project to the south of the lake; the C-43 West 175 Basin Reservoir Storage project to the west of the lake; and the 176 Indian River Lagoon-South project to the east of the lake. 177 (c) The Legislature finds that the rate of funding for CERP 178 must be increased if restoration will be achieved within the 179 timeframe originally envisioned and that the delay in 180 substantial progress toward completing critical elements of 181 restoration, such as southern storage, will cause irreparable 182 harm to natural systems and, ultimately, increase the cost of 183 restoration. A substantial commitment to the advancement of 184 projects identified as part of CERP will reduce ongoing 185 ecological damage to the St. Lucie and Caloosahatchee estuaries. 186 (d) The Legislature recognizes that the EAA reservoir 187 project was conditionally authorized in the Water Resources 188 Development Act of 2000 as a project component of CERP. Unless 189 other funding is available, the Legislature directs the 190 district, in the implementation of the reservoir project, to 191 abide by applicable state and federal law in order to do that 192 which is required to obtain federal credit under CERP. If the 193 district implements the EAA reservoir project as a project 194 component as defined in s. 373.1501, the district must abide by 195 all applicable state and federal law relating to such projects. 196 (e) This section is not intended to diminish the 197 commitments made by the state in chapter 2016-201, Laws of 198 Florida. 199 (2) DEFINITIONS.—As used in this section, the term: 200 (a) “A-1 parcel” means an area of district-owned land 201 located between the Miami Canal and North New River Canal 202 consisting of approximately 17,000 acres which is bordered to 203 the north by private agricultural lands, to the east by U.S. 204 Highway 27, to the south by Stormwater Treatment Area 3/4, and 205 to the west by the Holey Land Wildlife Management Area and the 206 A-2 parcel. 207 (b) “A-2 parcel” means an area of district-owned land 208 located between the Miami Canal and the North New River Canal 209 consisting of approximately 14,000 acres of land to the east of 210 the Miami Canal which is bordered to the north by private 211 agricultural lands, to the east by the A-1 parcel, and to the 212 south by the Holey Land Wildlife Management Area. 213 (c) “Board” means the Board of Trustees of the Internal 214 Improvement Trust Fund. 215 (d) “Central Everglades Planning Project” or “CEPP” means 216 the suite of CERP projects authorized as the “Central 217 Everglades” project in the Water Infrastructure Improvements for 218 the Nation Act, Public Law No: 114-322. 219 (e) “Comprehensive Everglades Restoration Plan” or “CERP” 220 has the same meaning as the term “comprehensive plan” as defined 221 in s. 373.470. 222 (f) “Corps” means the United States Army Corps of 223 Engineers. 224 (g) “District” means the South Florida Water Management 225 District. 226 (h) “Everglades Agricultural Area” or “EAA” has the same 227 meaning as in s. 373.4592. 228 (i) “EAA reservoir project” means the Everglades 229 Agricultural Area storage reservoir, known as Component G of 230 CERP. The term includes any necessary water quality features 231 that are required to meet state and federal water quality 232 standards. 233 (j) “Lake” means Lake Okeechobee. 234 (k) “Option agreement” means the Second Amended and 235 Restated Agreement for Sale and Purchase between the seller, 236 United States Sugar Corporation, SBG Farms, Inc., and Southern 237 Garden Groves Corporation, and the buyer, the South Florida 238 Water Management District, dated August 12, 2010. 239 (3) EAA LEASE AGREEMENTS.— 240 (a) The district and the board are authorized to negotiate 241 the amendment or termination of leases on lands within the EAA 242 for exchange or use for the EAA reservoir project. Any such 243 lease must be terminated in accordance with the lease terms or 244 upon the voluntary agreement of the lessor and lessee. In the 245 event of any such lease termination, the lessee must be 246 permitted to continue to farm on a field-by-field basis until 247 such time as the lessee’s operations are incompatible with 248 implementation of the EAA reservoir project, as reasonably 249 determined by the lessor. The district and the board may include 250 the swapping of land, assignment of leases, and other methods of 251 providing valuable consideration in negotiating the amendments 252 to or termination of such lease agreements. 253 (b) Any lease agreement relating to land in the EAA leased 254 to the Prison Rehabilitative Industries and Diversified 255 Enterprises, Inc., (PRIDE Enterprises) for an agricultural work 256 program is required to be terminated in accordance with the 257 terms of the lease agreement. Any such land previously leased 258 may be made available by the board to the district for exchange 259 for lands suitable for the EAA reservoir project or may be 260 leased for agricultural purposes. The terms of any such lease 261 must include provisions authorizing the lessor to terminate the 262 lease at any time during the lease term as to any portion, or 263 all of the premises, to be used for an environmental restoration 264 purpose. The terms of the lease may not require more than 1 265 years’ notice in order for such termination to be effective. Any 266 agricultural owner managing lands subject to an agreement with 267 PRIDE shall be given the right of first refusal in leasing any 268 such lands. 269 (c) If, after any termination of an EAA lease agreement, 270 ratoon, stubble, or residual crop remaining on the lease 271 premises is harvested or otherwise used by the lessor or any 272 third party, the lessee is entitled to be compensated for any 273 documented, unamortized planting costs, and any unamortized 274 capital costs associated with the lease and incurred before 275 notice. 276 (4) LAND ACQUISITION.—The Legislature declares that 277 acquiring land to increase water storage south of the lake is in 278 the public interest and that the governing board of the district 279 may acquire land, if necessary, to implement the EAA reservoir 280 project with the goal of providing at least 240,000 acre-feet of 281 water storage south of the lake. The use of eminent domain in 282 the EAA for the purpose of implementing the EAA reservoir 283 project is prohibited. 284 (a) Upon the effective date of this act, the district shall 285 identify the lessees of the approximately 3,200 acres of land 286 owned by the state or the district west of the A-2 parcel and 287 east of the Miami Canal and the private property owners of the 288 approximately 500 acres of land surrounded by such lands. 289 (b) By July 31, 2017, the district shall contact the 290 lessors and landowners of the land identified pursuant paragraph 291 (a) to express the district’s interest in acquiring land through 292 the purchase or exchange of lands or by the amendment or 293 termination of lease agreements. If land swaps or purchases are 294 necessary to assemble the required acreage, the participation of 295 private landowners must be voluntary. The district shall contact 296 the board to request that any lease of land identified pursuant 297 to paragraph (a), the title to which is vested in the board, be 298 amended or terminated. All appraisal reports, offers, and 299 counteroffers in relation to this subsection are confidential 300 and exempt from s. 119.07(1), as provided in s. 373.139. 301 (c) The board shall provide to the district, through direct 302 acquisition in fee or by a supplemental agreement, any land, the 303 title to which is vested in the board, that the district 304 identifies as necessary to construct the EAA reservoir project. 305 (d) The total acreage necessary for additional water 306 treatment may not exceed the amount reasonably required to meet 307 state and federal water quality standards as determined using 308 the water quality modeling tools of the district. The district 309 shall use the latest version of the Dynamic Model for Stormwater 310 Treatment Areas Model modeling tool and other modeling tools 311 that will be required in the planning and design of the EAA 312 reservoir project. If additional land not identified in 313 paragraph (a) is necessary for the EAA reservoir project, the 314 district shall acquire that land from willing sellers of 315 property in conjunction with the development of the post 316 authorization change report. 317 (5) POST-AUTHORIZATION CHANGE REPORT.— 318 (a) The district is directed to request, by July 1, 2017, 319 that the corps jointly develop a post-authorization change 320 report with the district for CEPP to revise the project 321 component located on the A-2 parcel with the goal of increasing 322 water storage provided by the project component to a minimum of 323 240,000 acre-feet. Upon agreement with the corps, development of 324 the report must begin by August 1, 2017, and does not preclude 325 the implementation of the remaining CEPP project components. 326 (b) Using the A-2 parcel and the additional land identified 327 pursuant to subsection (4) and without modifying the A-1 parcel, 328 the report must evaluate: 329 1. The optimal configuration of the EAA reservoir project 330 for providing at least 240,000 acre-feet of water storage; and 331 2. Any necessary increases in canal conveyance capacity to 332 reduce the discharges to the St. Lucie or Caloosahatchee 333 estuaries. 334 (c) If the district and the corps determine that an 335 alternate configuration of water storage and water quality 336 features providing for significantly more water storage, but no 337 less than 360,000 acre-feet of water storage, south of the lake 338 can be implemented on a footprint that includes modification to 339 the A-1 parcel, the district is authorized to recommend such an 340 alternative configuration in the report. Any such recommendation 341 must include sufficient water quality treatment capacity to meet 342 state and federal water quality standards. 343 (d) Pending congressional approval of the report, the 344 district may begin the preliminary planning or construction of, 345 or modification to, the project site to the extent appropriate, 346 subject to the availability of funding. Upon receipt of 347 congressional approval of the report, construction of the EAA 348 reservoir project shall be completed parallel with construction 349 of the other CEPP project components, subject to the 350 availability of funding. 351 (e) The district must report the status of the post 352 authorization change report to the Legislature by January 9, 353 2018. The status report must include information on the 354 district’s ability to obtain lease modifications and land 355 acquisitions as provided in subsection (4). If the district in 356 good faith believes that the post-authorization change report 357 will receive ultimate approval but that an extension of the 358 deadline provided in paragraph (7)(a) is needed, the district 359 must include such a request in its status report and may be 360 granted an extension by the Legislature. Any such extension must 361 include a corresponding date by which the district must request 362 the corps to initiate the project implementation report for the 363 EAA reservoir project and may proceed with the implementation of 364 CEPP project components in accordance with the final project 365 implementation report. 366 (6) OPTION AGREEMENT.—The district must terminate the 367 option agreement at the request of the seller if: 368 (a) The post-authorization change report receives 369 congressional approval; or 370 (b) The district certifies to the board, the President of 371 the Senate, and the Speaker of the House of Representatives that 372 the acquisition of the land necessary for the EAA reservoir 373 project, as provided in subsection (4), has been completed. 374 (7) PROJECT IMPLEMENTATION REPORT.— 375 (a) If, for any reason, the post-authorization change 376 report is not approved by the corps and submitted for 377 congressional approval by October 1, 2018, or the post 378 authorization change report has not received congressional 379 approval by December 31, 2019, the district, unless granted an 380 extension by the Legislature, must request the corps to initiate 381 a project implementation report, as defined in s. 373.470, for 382 the EAA reservoir project and the district may proceed with the 383 implementation of CEPP project components in accordance with the 384 final project implementation report. 385 (b) The district, when developing the project 386 implementation report, must focus on the goals of the EAA 387 reservoir project as identified in CERP, which include providing 388 additional water storage and conveyance south of the lake to 389 reduce the volume of regulatory discharges of water from the 390 lake to the east and west. 391 (c) Upon finalization of the project implementation report, 392 as defined in s. 373.470, the district, in coordination with the 393 corps, shall seek congressional authorization for the EAA 394 reservoir project. 395 (8) AGRICULTURAL WORKERS.—The district shall give 396 preferential consideration to the hiring of former agricultural 397 workers primarily employed during 36 of the past 60 months in 398 the Everglades Agricultural Area, consistent with their 399 qualifications and abilities, for the construction and operation 400 of the EAA reservoir project. Any contract or subcontract for 401 the construction and operation of the EAA reservoir project in 402 which 50 percent or more of the cost is paid from state 403 appropriated funds must provide preference and priority in the 404 hiring of such agricultural workers. The district shall give 405 preferential consideration to contract proposals that include in 406 the contractor’s hiring practices training programs for such 407 workers. 408 (9) C-51 RESERVOIR PROJECT.— 409 (a) The C-51 reservoir project is a water storage facility 410 as defined in s. 373.475. The C-51 reservoir project is located 411 in western Palm Beach County south of the lake and consists of 412 in-ground reservoirs and conveyance structures that will provide 413 water supply and water management benefits to participating 414 water supply utilities and will also provide environmental 415 benefits by reducing freshwater discharges to tide and making 416 water available for natural systems. 417 (b) Phase I of the project will provide approximately 418 14,000 acre-feet of water storage and will hydraulically connect 419 to the district’s L-8 Flow Equalization Basin. Phase II of the 420 project will provide approximately 46,000 acre-feet of water 421 storage, for a total increase of 60,000 acre-feet of water 422 storage. 423 (c) For Phase II of the C-51 reservoir project, the 424 district may negotiate with the owners of the C-51 reservoir 425 project site for the acquisition of the project or to enter into 426 a public—private partnership. The district may acquire land near 427 the C-51 reservoir through the purchase or exchange of land that 428 is owned by the district or the state as necessary to implement 429 Phase II of the project. The state and the district may consider 430 potential swaps of land that is owned by the state or the 431 district to achieve an optimal combination of water quality and 432 water storage. The district may not exercise eminent domain for 433 the purpose of implementing the C-51 reservoir project. 434 (d) If state funds are appropriated for Phase I or Phase II 435 of the C-51 reservoir project: 436 1. The district shall operate the reservoir to maximize the 437 reduction of high-volume Lake Okeechobee regulatory releases to 438 the St. Lucie or Caloosahatchee estuaries, in addition to 439 providing relief to the Lake Worth Lagoon; 440 2. Water made available by the reservoir shall be used for 441 natural systems in addition to any allocated amounts for water 442 supply; and 443 3. Any water received from Lake Okeechobee may not be 444 available to support consumptive use permits. 445 (e) Phase I of the C-51 reservoir project may be funded by 446 appropriation or through the water storage facility revolving 447 loan fund as provided in s. 373.475. Phase II of the C-51 448 reservoir project may be funded pursuant to this section, 449 pursuant to s. 373.475, as a project component of CERP, or 450 pursuant to s. 375.041(3)(b)4. 451 (10) FUNDING.— 452 (a) The Legislature determines that the authorization and 453 issuance of Florida Forever bonds for the purposes of this 454 section is in the best interest of the state and determines that 455 water storage reservoir projects should be implemented. 456 (b) Any cost related to this section, including, but not 457 limited to, the costs for land acquisition, planning, and 458 construction may be funded using proceeds from Florida Forever 459 bonds issued under s. 215.618, in an amount of up to $800 460 million, as authorized under that section. The bond proceeds 461 from bonds issued for the purposes of this section shall be 462 deposited into the Everglades Trust Fund. 463 (c) Notwithstanding s. 373.026(8)(b) or any other provision 464 of law, the use of state funds is authorized for the EAA 465 reservoir project. 466 (d) The district shall actively seek additional sources of 467 funding, including federal funding, for the reservoir project. 468 (11) LAKE OKEECHOBEE REGULATION SCHEDULE.—The district 469 shall request that the corps pursue the reevaluation of the Lake 470 Okeechobee Regulation Schedule as expeditiously as possible, 471 taking into consideration the repairs made to the Herbert Hoover 472 Dike and implementation of projects designed to reduce high 473 volume freshwater discharges from the lake, in order to 474 optimally utilize the added water storage capacity to reduce the 475 high-volume freshwater discharges to the St. Lucie and 476 Caloosahatchee estuaries. 477 Section 4. Section 373.475, Florida Statutes, is created to 478 read: 479 373.475 Water storage facility revolving loan fund.— 480 (1)(a) In recognition that waters of the state are among 481 the state’s most basic resources, the Legislature declares that 482 such waters should be managed to conserve and protect water 483 resources and to realize the full beneficial use of such 484 resources. 485 (b) As natural storage within the system has been lost due 486 to development, the Legislature finds that additional natural or 487 man-made water storage is required to capture and prevent water 488 from being discharged to tide or otherwise lost. 489 (c) The Legislature finds that establishing infrastructure 490 financing and providing technical assistance to local 491 governments or water supply entities for water storage 492 facilities is necessary to conserve and protect the waters of 493 the state. 494 (2) For purposes of this section, the term: 495 (a) “Local governmental agency” means any municipality, 496 county, district, or authority, or any agency thereof, or a 497 combination of such, acting jointly in connection with a 498 project, which has jurisdiction over a water storage facility. 499 (b) “Water storage facility” or “facility” means all 500 facilities, including land, necessary for an above-ground or in 501 ground reservoir. Such facilities may be publicly owned, 502 privately owned, investor-owned, or cooperatively held. 503 (3) The state, through the department, shall provide 504 funding assistance to local governments or water supply entities 505 for the development and construction of water storage facilities 506 to increase the availability of sufficient water for all 507 existing and future reasonable-beneficial uses and natural 508 systems. 509 (a) The department may make loans, provide loan guarantees, 510 purchase loan insurance, and refinance local debt through the 511 issue of new loans for water storage facilities approved by the 512 department. Local governments or water supply entities may 513 borrow funds made available pursuant to this section and may 514 pledge any revenues or other adequate security available to them 515 to repay any funds borrowed. 516 (b) The department may award loan amounts for up to 75 517 percent of the costs of planning, designing, constructing, 518 upgrading, or replacing water resource infrastructure or 519 facilities, whether natural or man-made, including the 520 acquisition of real property for water storage facilities. 521 (4) The department shall adopt rules to carry out the 522 purposes of this section. Such rules must: 523 (a) Establish a priority system for loans based on 524 compliance with state requirements. The priority system must 525 give special consideration to: 526 1. Projects that provide for the development of alternative 527 water supply projects and management techniques in areas where 528 existing source waters are limited or threatened by saltwater 529 intrusion, excessive drawdowns, contamination, or other 530 problems; 531 2. Projects that contribute to the sustainability of 532 regional water sources; 533 3. Projects that produce additional water available for 534 consumptive uses or natural systems; 535 4. Projects that diversify water supply so that the needs 536 of consumptive uses and the natural system are met during wet 537 and dry conditions; or 538 5. Projects that provide flexibility in addressing the 539 unpredictability of water conditions from water year to water 540 year. 541 (b) Establish the requirements for the award and repayment 542 of financial assistance. 543 (c) Require evidence of credit worthiness and adequate 544 security, including an identification of revenues to be pledged 545 and documentation of their sufficiency for loan repayment and 546 pledged revenue coverage to ensure that each loan recipient can 547 meet its loan repayment requirements. 548 (d) Require each project receiving financial assistance to 549 be cost-effective, environmentally sound, and implementable. 550 (e) Require each project to be self-supporting if the 551 project is primarily for the purpose of water supply for 552 consumptive use. 553 (5) Before approval of a loan, the local government or 554 water supply entity must, at a minimum, submit all of the 555 following to the department: 556 (a) A repayment schedule. 557 (b) Evidence of the permittability or implementability of 558 the facility proposed for financial assistance. 559 (c) Plans and specifications, biddable contract documents, 560 or other documentation of appropriate procurement of goods and 561 services. 562 (d) Written assurance that records will be kept using 563 generally accepted accounting principles and that the department 564 or its agents and the Auditor General will have access to all 565 records pertaining to the loan. 566 (e) If the facility is required to be self-supporting 567 according to paragraph (4)(e), documentation that it will be 568 self-supporting. 569 (f) Documentation that the water management district within 570 whose boundaries the facility will be located has approved the 571 facility. If the facility crosses jurisdictional boundaries, 572 approval from each applicable district must be documented and 573 provided to the department. 574 (6) The department and water management districts are 575 authorized to provide technical assistance to local governments 576 or water supply entities for water storage facilities funded 577 pursuant to this section. 578 (7) The minimum amount of a loan is $75,000. The term of 579 loans made pursuant to this section may not exceed 30 years. 580 (8) As part of the report required under s. 403.8532, the 581 department shall prepare a report at the end of each fiscal year 582 which details the financial assistance provided under this 583 section, service fees collected, interest earned, and loans 584 outstanding. 585 (9) The department may conduct an audit of the loan project 586 upon completion, or may require that a separate project audit, 587 prepared by an independent certified public accountant, be 588 submitted. 589 (10) The department may require reasonable service fees on 590 loans made to local governments or water supply entities to 591 ensure that the program will be operated in perpetuity and to 592 implement the purposes authorized under this section. Service 593 fees may not be less than 2 percent or greater than 4 percent of 594 the loan amount exclusive of the service fee. Service fee 595 revenues shall be deposited into the department’s Grants and 596 Donations Trust Fund. The fee revenues, and interest earnings 597 thereon, shall be used exclusively for the purposes of this 598 section. 599 (11) The Water Protection and Sustainability Program Trust 600 Fund established under s. 403.891 shall be used for the purposes 601 of this section. Any funds that are not needed for immediate 602 financial assistance shall be invested pursuant to s. 215.49. 603 State funds and investment earnings shall be deposited into the 604 fund. The principal and interest of all loans repaid, and 605 investment earnings thereon, shall be deposited into the fund. 606 (12)(a) If a local governmental agency defaults under the 607 terms of its loan agreement, the department shall so certify to 608 the Chief Financial Officer, who shall forward the amount 609 delinquent to the department from any unobligated funds due to 610 the local governmental agency under any revenue-sharing or tax 611 sharing fund established by the state, except as otherwise 612 provided by the State Constitution. Certification of delinquency 613 does not preclude the department from pursuing other remedies 614 available for default on a loan, including accelerating loan 615 repayments, eliminating all or part of the interest rate subsidy 616 on the loan, and court appointment of a receiver to manage the 617 public water system. 618 (b) If a water storage facility owned by a person other 619 than a local governmental agency defaults under the terms of its 620 loan agreement, the department may take all actions available 621 under law to remedy the default. 622 (c) The department may impose a penalty for delinquent loan 623 payments in the amount of 6 percent of the amount due, in 624 addition to charging the cost to handle and process the debt. 625 Penalty interest accrues on any amount due and payable beginning 626 on the 30th day following the date that the payment was due. 627 (13) The department may terminate or rescind a financial 628 assistance agreement if the recipient fails to comply with the 629 terms and conditions of the agreement. 630 Section 5. Subsection (3) of section 375.041, Florida 631 Statutes, is amended to read: 632 375.041 Land Acquisition Trust Fund.— 633 (3) Funds distributed into the Land Acquisition Trust Fund 634 pursuant to s. 201.15 shall be applied: 635 (a) First, to pay debt service or to fund debt service 636 reserve funds, rebate obligations, or other amounts payable with 637 respect to Florida Forever bonds issued under s. 215.618; and 638 pay debt service, provide reserves, and pay rebate obligations 639 and other amounts due with respect to Everglades restoration 640 bonds issued under s. 215.619; and 641 (b) Of the funds remaining after the payments required 642 under paragraph (a), but before funds may be appropriated, 643 pledged, or dedicated for other uses: 644 1. A minimum of the lesser of 25 percent or $200 million 645 shall be appropriated annually for Everglades projects that 646 implement the Comprehensive Everglades Restoration Plan as set 647 forth in s. 373.470, including the Central Everglades Planning 648 Project subject to Congressional authorization; the Long-Term 649 Plan as defined in s. 373.4592(2); and the Northern Everglades 650 and Estuaries Protection Program as set forth in s. 373.4595. 651 From these funds, $32 million shall be distributed each fiscal 652 year through the 2023-2024 fiscal year to the South Florida 653 Water Management District for the Long-Term Plan as defined in 654 s. 373.4592(2). After deducting the $32 million distributed 655 under this subparagraph, from the funds remaining, a minimum of 656 the lesser of 76.5 percent or $100 million shall be appropriated 657 each fiscal year through the 2025-2026 fiscal year for the 658 planning, design, engineering, and construction of the 659 Comprehensive Everglades Restoration Plan as set forth in s. 660 373.470, including the Central Everglades Planning Project, the 661 Everglades Agricultural Area Storage Reservoir Project, the Lake 662 Okeechobee Watershed Project, the C-43 West Basin Storage 663 Reservoir Project, the Indian River Lagoon-South Project, the 664 Western Everglades Restoration Project, and the Picayune Strand 665 Restoration Projectsubject to Congressional authorization. The 666 Department of Environmental Protection and the South Florida 667 Water Management District shall give preference to those 668 Everglades restoration projects that reduce harmful discharges 669 of water from Lake Okeechobee to the St. Lucie or Caloosahatchee 670 estuaries in a timely manner. For the purpose of performing the 671 calculation provided in this subparagraph, the amount of debt 672 service paid pursuant to paragraph (a) for bonds issued after 673 July 1, 2016, for the purposes set forth under paragraph (b) 674 shall be added to the amount remaining after the payments 675 required under paragraph (a). The amount of the distribution 676 calculated shall then be reduced by an amount equal to the debt 677 service paid pursuant to paragraph (a) on bonds issued after 678 July 1, 2016, for the purposes set forth under this 679 subparagraph. 680 2. A minimum of the lesser of 7.6 percent or $50 million 681 shall be appropriated annually for spring restoration, 682 protection, and management projects. For the purpose of 683 performing the calculation provided in this subparagraph, the 684 amount of debt service paid pursuant to paragraph (a) for bonds 685 issued after July 1, 2016, for the purposes set forth under 686 paragraph (b) shall be added to the amount remaining after the 687 payments required under paragraph (a). The amount of the 688 distribution calculated shall then be reduced by an amount equal 689 to the debt service paid pursuant to paragraph (a) on bonds 690 issued after July 1, 2016, for the purposes set forth under this 691 subparagraph. 692 3. The sum of $5 million shall be appropriated annually 693 each fiscal year through the 2025-2026 fiscal year to the St. 694 Johns River Water Management District for projects dedicated to 695 the restoration of Lake Apopka. This distribution shall be 696 reduced by an amount equal to the debt service paid pursuant to 697 paragraph (a) on bonds issued after July 1, 2016, for the 698 purposes set forth in this subparagraph. 699 4. The sum of $64 million is appropriated and shall be 700 transferred to the Everglades Trust Fund for the 2018-2019 701 fiscal year, and each fiscal year thereafter, for the EAA 702 reservoir project pursuant to s. 373.4598. Any funds remaining 703 in any fiscal year shall be made available only for Phase II of 704 the C-51 reservoir project or projects identified in 705 subparagraph 1. and must be used in accordance with laws 706 relating to such projects. Any funds made available for such 707 purposes in a fiscal year is in addition to the amount 708 appropriated under subparagraph 1. This distribution shall be 709 reduced by an amount equal to the debt service paid pursuant to 710 paragraph (a) on bonds issued after July 1, 2017, for the 711 purposes set forth in this subparagraph. 712 Section 6. Section 403.890, Florida Statutes, is amended to 713 read: 714 403.890 Water Protection and Sustainability Program.— 715 (1) Revenues deposited into or appropriated to the Water 716 Protection and Sustainability Program Trust Fund shall be 717 distributed by the Department of Environmental Protection for 718 the following purposesin the following manner: 719 (a)(1)Sixty-five percent to the Department of720Environmental Protection forTheimplementation of an721 alternative water supply program as provided in s. 373.707. 722 (b) The water storage facility revolving loan fund as 723 provided in s. 373.475. 724 (2) Revenues deposited into or appropriated to the Water 725 Protection and Sustainability Program Trust Fund for purposes of 726 the water storage facility revolving loan fund may only be used 727 for such purposes. 728(2) Twenty-two and five-tenths percent for the729implementation of best management practices and capital project730expenditures necessary for the implementation of the goals of731the total maximum daily load program established in s. 403.067.732Of these funds, 83.33 percent shall be transferred to the credit733of the Department of Environmental Protection Water Quality734Assurance Trust Fund to address water quality impacts associated735with nonagricultural nonpoint sources. Sixteen and sixty-seven736hundredths percent of these funds shall be transferred to the737Department of Agriculture and Consumer Services General738Inspection Trust Fund to address water quality impacts739associated with agricultural nonpoint sources. These funds shall740be used for research, development, demonstration, and741implementation of the total maximum daily load program under s.742403.067, suitable best management practices or other measures743used to achieve water quality standards in surface waters and744water segments identified pursuant to s. 303(d) of the Clean745Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.746Implementation of best management practices and other measures747may include cost-share grants, technical assistance,748implementation tracking, and conservation leases or other749agreements for water quality improvement. The Department of750Environmental Protection and the Department of Agriculture and751Consumer Services may adopt rules governing the distribution of752funds for implementation of capital projects, best management753practices, and other measures. These funds shall not be used to754abrogate the financial responsibility of those point and755nonpoint sources that have contributed to the degradation of756water or land areas. Increased priority shall be given by the757department and the water management district governing boards to758those projects that have secured a cost-sharing agreement759allocating responsibility for the cleanup of point and nonpoint760sources.761(3) Twelve and five-tenths percent to the Department of762Environmental Protection for the Disadvantaged Small Community763Wastewater Grant Program as provided in s. 403.1838.764 (3)(4)On June 30, 2009, and every 24 months thereafter, 765 the Department of Environmental Protection shall request the 766 return of all unencumbered funds distributed for the purposes of 767 the alternative water supply programpursuant to this section. 768 These funds shall be deposited into the Water Protection and 769 Sustainability Program Trust Fund and redistributed for such 770 purposespursuant to the provisions of this section. 771 Section 7. Section 446.71, Florida Statutes, is created to 772 read: 773 446.71 Everglades Restoration Agricultural Community 774 Employment Training Program.— 775 (1) The Department of Economic Opportunity, in cooperation 776 with CareerSource Florida, Inc., shall establish the Everglades 777 Restoration Agricultural Community Employment Training Program 778 within the Department of Economic Opportunity. The Department of 779 Economic Opportunity shall use funds appropriated to the program 780 by the Legislature to provide grants to stimulate and support 781 training and employment programs that seek to match persons who 782 complete such training programs to nonagricultural employment 783 opportunities in areas of high agricultural unemployment, and to 784 provide other training, educational, and information services 785 necessary to stimulate the creation of jobs in the areas of high 786 agricultural unemployment. In determining whether to provide 787 funds to a particular program, the Department of Economic 788 Opportunity shall consider the location of the program in 789 proximity to the program’s intended participants. 790 (2) The Legislature supports projects that improve the 791 economy in the Everglades Agricultural Area. In recognition of 792 the employment opportunities and economic development generated 793 by new and expanding industries in the area, such as the 794 Airglades Airport in Hendry County and the development of an 795 inland port in Palm Beach County, the Legislature finds that 796 training the citizens of the state to fill the needs of these 797 industries significantly enhances the economic viability of the 798 region. 799 (3) Funds may be used for grants for tuition for public or 800 private technical or vocational programs and matching grants to 801 employers to conduct employer-based training programs, or for 802 the purchase of equipment to be used for training purposes, the 803 hiring of instructors, or any other purpose directly associated 804 with the program. 805 (4) The Department of Economic Opportunity may not award a 806 grant to any given training program which exceeds 50 percent of 807 the total cost of the program, unless the training program is 808 located within a rural area of opportunity, in which case the 809 grant may exceed 50 percent of the total cost of the program and 810 up to 100 percent. Matching contributions may include in-kind 811 services, including, but not limited to, the provision of 812 training instructors, equipment, and training facilities. 813 (5) Before granting a request for funds made in accordance 814 with this section, the Department of Economic Opportunity shall 815 enter into a grant agreement with the requestor of funds and the 816 institution receiving funding through the program. Such 817 agreement must include all of the following information: 818 (a) An identification of the personnel necessary to conduct 819 the instructional program, the qualifications of such personnel, 820 and the respective responsibilities of the parties for paying 821 costs associated with the employment of such personnel. 822 (b) An identification of the estimated length of the 823 instructional program. 824 (c) An identification of all direct, training-related 825 costs, including tuition and fees, curriculum development, books 826 and classroom materials, and overhead or indirect costs. 827 (d) An identification of special program requirements that 828 are not otherwise addressed in the agreement. 829 (6) The Department of Economic Opportunity may grant up to 830 100 percent of the tuition for a training program participant 831 who currently resides, and has resided for at least 3 of the 5 832 immediately preceding years within the Everglades Agricultural 833 Area as described in s. 373.4592 and in counties that provide 834 for water storage and dispersed water storage that is located in 835 Rural Areas of Opportunity as described in s. 288.0656. 836 (7) Programs established in the Everglades Agricultural 837 Area must include opportunities to obtain the qualifications and 838 skills necessary for jobs related to federal and state 839 restoration projects, the Airglades Airport in Hendry County, an 840 inland port in Palm Beach County, or other industries with 841 verifiable, demonstrated interest in operating within the 842 Everglades Agricultural Area and in counties that provide for 843 water storage and dispersed water storage that is located in 844 Rural Areas of Opportunity as described in s. 288.0656. 845 (8) The Department of Economic Opportunity shall adopt 846 rules to implement this section. 847 Section 8. Subsection (3) is added to section 946.511, 848 Florida Statutes, to read: 849 946.511 Inmate labor to operate correctional work 850 programs.— 851 (3) Beginning July 1, 2017, the use of inmates for 852 correctional work programs in the agricultural industry in the 853 Everglades Agricultural Area or in any area experiencing high 854 unemployment rates in the agricultural sector is prohibited. Any 855 lease agreement relating to land in the Everglades Agricultural 856 Area leased to the Prison Rehabilitative Industries and 857 Diversified Enterprises, Inc., (PRIDE Enterprises) for an 858 agricultural work program is required to be terminated in 859 accordance with the terms of the lease agreement. 860 Section 9. The Division of Law Revision and Information is 861 directed to replace the phrase “the effective date of this act” 862 wherever it occurs in this act with the date the act becomes a 863 law. 864 Section 10. For the 2017-2018 fiscal year, the sum of $30 865 million in nonrecurring funds from the Land Acquisition Trust 866 Fund is appropriated to the Everglades Trust Fund for the 867 purposes of acquiring land or negotiating leases to implement 868 the Everglades Agricultural Area reservoir project pursuant to 869 s. 373.4598, Florida Statutes, or for any cost related to the 870 planning or construction of the Everglades Agricultural Area 871 reservoir project as defined in s. 373.4598, Florida Statutes. 872 Section 11. For the 2017-2018 fiscal year, the sum of $3 873 million in nonrecurring funds from the Land Acquisition Trust 874 Fund is appropriated to the Everglades Trust Fund for the 875 purposes of developing the post-authorization change report 876 pursuant to s. 373.4598, Florida Statutes, and the sum of $1 877 million in nonrecurring funds from the Land Acquisition Trust 878 Fund is appropriated to the Everglades Trust Fund for the 879 purposes of negotiating Phase II of the C-51 reservoir project 880 pursuant to s. 373.4598, Florida Statutes. 881 Section 12. For the 2017-2018 fiscal year, the sum of $30 882 million in nonrecurring funds from the General Revenue Trust 883 Fund is appropriated to the Water Resource Protection and 884 Sustainability Program Trust Fund for the purpose of providing a 885 loan to implement Phase I of the C-51 reservoir project. The 886 loan must have a 30-year term, may be prepaid at any time, and 887 shall accrue interest until repayment. The loan shall be repaid 888 from the proceeds of the sale of unreserved capacity in the 889 water storage facility, or other appropriate payment, at time of 890 receipt less reasonable expenses. The loan must be secured by a 891 first mortgage lien on the water storage facility and a 892 collateral assignment of unreserved capacity as adequate 893 security for the loan. The loan does not reserve for use by the 894 state or the district any capacity authorized pursuant to the 895 consumptive use permit for Phase I of the C-51 Reservoir. Once 896 the Department of Environmental Protection adopts rules pursuant 897 to s. 373.475, Florida Statutes, the department may modify the 898 terms of the loan agreement to ensure that the loan agreement is 899 in accordance with such rules, except that any terms 900 specifically stated herein may not be modified. 901 Section 13. This act shall take effect upon becoming a law.