Bill Text: FL S0770 | 2016 | Regular Session | Comm Sub
Bill Title: Local Government Environmental Financing
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2016-03-09 - Laid on Table, companion bill(s) passed, see CS/CS/HB 447 (Ch. 2016-225) [S0770 Detail]
Download: Florida-2016-S0770-Comm_Sub.html
Florida Senate - 2016 CS for SB 770 By the Committee on Appropriations; and Senators Simpson and Flores 576-04830-16 2016770c1 1 A bill to be entitled 2 An act relating to local government environmental 3 financing; providing a short title; amending s. 4 212.055, F.S.; expanding the uses of local government 5 infrastructure surtaxes to include acquiring any 6 interest in land for public recreation, conservation, 7 or protection of natural resources or to prevent or 8 satisfy private property rights claims resulting from 9 limitations imposed by the designation of an area of 10 critical state concern; revising a definition and 11 providing a definition for purposes of using surtax 12 proceeds; amending s. 215.619, F.S.; expanding the use 13 of Everglades restoration bonds to include the City of 14 Key West Area of Critical State Concern; expanding the 15 types of water management projects eligible for 16 funding; revising the dates for issuance and maturity 17 of Everglades restoration bonds; reducing the annual 18 appropriation amount dedicated to fund the Florida 19 Keys Area of Critical State Concern protection 20 program; authorizing bond proceeds to be spent on the 21 City of Key West Area of Critical State Concern; 22 expanding projects that may be funded by bond 23 proceeds; specifying procedures to be followed for 24 certain lands that are no longer needed for certain 25 restoration purposes; amending s. 259.045, F.S.; 26 requiring the Department of Environmental Protection 27 to annually consider certain recommendations to buy 28 specific lands within and outside an area of critical 29 state concern; authorizing certain entities to 30 recommend additional lands for purchase; amending s. 31 259.105, F.S.; requiring specific Florida Forever 32 appropriations to be used for the purchase of lands in 33 the Florida Keys Area of Critical State Concern; 34 amending s. 380.0552, F.S.; revising legislative 35 intent regarding the Florida Keys Area of Critical 36 State Concern; specifying that plan amendments in the 37 Florida Keys must also be consistent with protecting 38 and improving specified water quality and water supply 39 projects; amending s. 380.0666, F.S.; expanding powers 40 of a land authority to include acquiring lands to 41 prevent or satisfy private property rights claims 42 resulting from limitations imposed by the designation 43 of an area of critical state concern and contributing 44 funds for certain land purchases by the department; 45 providing limitations relating to acquiring or 46 contributing lands to improve public transportation 47 facilities; providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. This act may be cited as the “Florida Keys 52 Stewardship Act.” 53 Section 2. Paragraph (d) of subsection (2) of section 54 212.055, Florida Statutes, is amended to read: 55 212.055 Discretionary sales surtaxes; legislative intent; 56 authorization and use of proceeds.—It is the legislative intent 57 that any authorization for imposition of a discretionary sales 58 surtax shall be published in the Florida Statutes as a 59 subsection of this section, irrespective of the duration of the 60 levy. Each enactment shall specify the types of counties 61 authorized to levy; the rate or rates which may be imposed; the 62 maximum length of time the surtax may be imposed, if any; the 63 procedure which must be followed to secure voter approval, if 64 required; the purpose for which the proceeds may be expended; 65 and such other requirements as the Legislature may provide. 66 Taxable transactions and administrative procedures shall be as 67 provided in s. 212.054. 68 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— 69 (d) The proceeds of the surtax authorized by this 70 subsection and any accrued interest shall be expended by the 71 school district, within the county and municipalities within the 72 county, or, in the case of a negotiated joint county agreement, 73 within another county, to finance, plan, and construct 74 infrastructure; to acquire any interest in land for public 75 recreation, conservation, or protection of natural resources or 76 to prevent or satisfy private property rights claims resulting 77 from limitations imposed by the designation of an area of 78 critical state concern; to provide loans, grants, or rebates to 79 residential or commercial property owners who make energy 80 efficiency improvements to their residential or commercial 81 property, if a local government ordinance authorizing such use 82 is approved by referendum; or to finance the closure of county 83 owned or municipally owned solid waste landfills that have been 84 closed or are required to be closed by order of the Department 85 of Environmental Protection. Any use of the proceeds or interest 86 for purposes of landfill closure before July 1, 1993, is 87 ratified. The proceeds and any interest may not be used for the 88 operational expenses of infrastructure, except that a county 89 that has a population of fewer than 75,000 and that is required 90 to close a landfill may use the proceeds or interest for long 91 term maintenance costs associated with landfill closure. 92 Counties, as defined in s. 125.011, and charter counties may, in 93 addition, use the proceeds or interest to retire or service 94 indebtedness incurred for bonds issued before July 1, 1987, for 95 infrastructure purposes, and for bonds subsequently issued to 96 refund such bonds. Any use of the proceeds or interest for 97 purposes of retiring or servicing indebtedness incurred for 98 refunding bonds before July 1, 1999, is ratified. 99 1. For the purposes of this paragraph, the term 100 “infrastructure” means: 101 a. Any fixed capital expenditure or fixed capital outlay 102 associated with the construction, reconstruction, or improvement 103 of public facilities that have a life expectancy of 5 or more 104 years,andany related land acquisition, land improvement, 105 design, and engineering costs, and all other professional and 106 related costs required to bring the public facilities into 107 service. For purposes of this sub-subparagraph, the term “public 108 facilities” means public facilities as defined in s. 109 163.3164(38), s. 163.3221(13), or s. 189.012(5), regardless of 110 whether the facilities are owned by the local taxing authority 111 or another governmental entity. 112 b. A fire department vehicle, an emergency medical service 113 vehicle, a sheriff’s office vehicle, a police department 114 vehicle, or any other vehicle, and the equipment necessary to 115 outfit the vehicle for its official use or equipment that has a 116 life expectancy of at least 5 years. 117 c. Any expenditure for the construction, lease, or 118 maintenance of, or provision of utilities or security for, 119 facilities, as defined in s. 29.008. 120 d. Any fixed capital expenditure or fixed capital outlay 121 associated with the improvement of private facilities that have 122 a life expectancy of 5 or more years and that the owner agrees 123 to make available for use on a temporary basis as needed by a 124 local government as a public emergency shelter or a staging area 125 for emergency response equipment during an emergency officially 126 declared by the state or by the local government under s. 127 252.38. Such improvements are limited to those necessary to 128 comply with current standards for public emergency evacuation 129 shelters. The owner must enter into a written contract with the 130 local government providing the improvement funding to make the 131 private facility available to the public for purposes of 132 emergency shelter at no cost to the local government for a 133 minimum of 10 years after completion of the improvement, with 134 the provision that the obligation will transfer to any 135 subsequent owner until the end of the minimum period. 136 e. Any land acquisition expenditure for a residential 137 housing project in which at least 30 percent of the units are 138 affordable to individuals or families whose total annual 139 household income does not exceed 120 percent of the area median 140 income adjusted for household size, if the land is owned by a 141 local government or by a special district that enters into a 142 written agreement with the local government to provide such 143 housing. The local government or special district may enter into 144 a ground lease with a public or private person or entity for 145 nominal or other consideration for the construction of the 146 residential housing project on land acquired pursuant to this 147 sub-subparagraph. 148 2. For the purposes of this paragraph, the term “energy 149 efficiency improvement” means any energy conservation and 150 efficiency improvement that reduces consumption through 151 conservation or a more efficient use of electricity, natural 152 gas, propane, or other forms of energy on the property, 153 including, but not limited to, air sealing; installation of 154 insulation; installation of energy-efficient heating, cooling, 155 or ventilation systems; installation of solar panels; building 156 modifications to increase the use of daylight or shade; 157 replacement of windows; installation of energy controls or 158 energy recovery systems; installation of electric vehicle 159 charging equipment; installation of systems for natural gas fuel 160 as defined in s. 206.9951; and installation of efficient 161 lighting equipment. 162 3. Notwithstanding any other provision of this subsection, 163 a local government infrastructure surtax imposed or extended 164 after July 1, 1998, may allocate up to 15 percent of the surtax 165 proceeds for deposit into a trust fund within the county’s 166 accounts created for the purpose of funding economic development 167 projects having a general public purpose of improving local 168 economies, including the funding of operational costs and 169 incentives related to economic development. The ballot statement 170 must indicate the intention to make an allocation under the 171 authority of this subparagraph. 172 Section 3. Subsection (1) of section 215.619, Florida 173 Statutes, is amended, present subsections (7) and (8) are 174 renumbered as subsections (8) and (9), respectively, and a new 175 subsection (7) is added to that section, to read: 176 215.619 Bonds for Everglades restoration.— 177 (1) The issuance of Everglades restoration bonds to finance 178 or refinance the cost of the acquisition and improvement of 179 land, water areas, and related property interests and resources 180 for the purpose of implementing the Comprehensive Everglades 181 Restoration Plan under s. 373.470, the Lake Okeechobee Watershed 182 Protection Plan under s. 373.4595, the Caloosahatchee River 183 Watershed Protection Plan under s. 373.4595, the St. Lucie River 184 Watershed Protection Plan under s. 373.4595, the City of Key 185 West Area of Critical State Concern as designated by the 186 Administration Commission pursuant to s. 380.05, and the Florida 187 Keys Area of Critical State Concern protection program under ss. 188 380.05 and 380.0552 in order to restore and conserve natural 189 systems throughtheimplementation of water management projects, 190 including projects that protect, restore, or enhance nearshore 191 water quality and fisheries, such as stormwater or canal 192 restoration projects, projects to protect water resources 193 available to the Florida Keys, including wastewater management 194 projects identified in the Keys Wastewater Plan, dated November 195 2007, and submitted to the Florida House of Representatives on 196 December 4, 2007, is authorized in accordance with s. 11(e), 197 Art. VII of the State Constitution. 198 (a) Everglades restoration bonds, except refunding bonds, 199 may be issued only in fiscal years 2002-2003 through 2026-2027 2002019-2020and may not be issued in an amount exceeding $100 201 million per fiscal year unless: 202 1. The Department of Environmental Protection has requested 203 additional amounts in order to achieve cost savings or 204 accelerate the purchase of land; or 205 2. Beginning in fiscal year 2016-2017, the Legislature 206 authorizes an additional amount of bonds not to exceed $200 207 million, and limited to $20$50million per fiscal year, 208 specifically for the purpose of funding the Florida Keys Area of 209 Critical State Concern protection program and the City of Key 210 West Area of Critical State Concern. Proceeds from the bonds 211 shall be managed by the Department of Environmental Protection 212 for the purpose of entering into financial assistance agreements 213 with local governments located in the Florida Keys Area of 214 Critical State Concern or the City of Key West Area of Critical 215 State Concern to finance or refinance the cost of constructing 216 sewage collection, treatment, and disposal facilities or 217 building projects that protect, restore, or enhance nearshore 218 water quality and fisheries, such as stormwater or canal 219 restoration projects and projects to protect water resources 220 available to the Florida Keys. 221 (b) The duration of Everglades restoration bonds may not 222 exceed 20 annual maturities and must mature by December 31, 2047 2232040. Except for refunding bonds, a series of bonds may not be 224 issued unless an amount equal to the debt service coming due in 225 the year of issuance has been appropriated by the Legislature. 226 Not more than 58.25 percent of documentary stamp taxes collected 227 may be taken into account for the purpose of satisfying an 228 additional bonds test set forth in any authorizing resolution 229 for bonds issued on or after July 1, 2015. Beginning July 1, 230 2010, the Legislature shall analyze the ratio of the state’s 231 debt to projected revenues before authorizing the issuance of 232 bonds under this section. 233 (7) If the South Florida Water Management District and the 234 Department of Environmental Protection determine that lands 235 purchased using bond proceeds within the Florida Keys Area of 236 Critical State Concern, the City of Key West Area of Critical 237 State Concern, or outside the Florida Keys Area of Critical 238 State Concern, but which were purchased to preserve and protect 239 the potable water supply to the Florida Keys, are no longer 240 needed for the purpose for which they were purchased, the entity 241 owning the lands may dispose of them. However, before the lands 242 can be disposed of, each general-purpose local government within 243 the boundaries of which a portion of the land lies must agree to 244 the disposal of lands within its boundaries and must be offered 245 the first right to purchase those lands. 246 Section 4. Section 259.045, Florida Statutes, is amended to 247 read: 248 259.045 Purchase of lands in areas of critical state 249 concern; recommendations by department and land authorities. 250 Within 45 days afterof the designation bythe Administration 251 Commission designatesofan area as an area of critical state 252 concern under s. 380.05, and annually thereafter, the Department 253 of Environmental Protection shall consider the recommendations 254 of the state land planning agency pursuant to s. 380.05(1)(a) 255 relating to purchase of lands within an area of critical state 256 concern, or lands outside an area of critical state concern 257 which directly impact an area of critical state concern, which 258 may include lands used to preserve and protect water supply,the259proposed areaand shall make recommendations to the board with 260 respect to the purchase of the fee or any lesser interest in any 261 such lands that are:situated in such area of critical state262concern as263 (1) Environmentally endangered lands;or264 (2) Outdoor recreation lands; 265 (3) Lands that conserve sensitive habitat; 266 (4) Lands that protect, restore, or enhance nearshore water 267 quality and fisheries; 268 (5) Lands used to protect and enhance water supply to the 269 Florida Keys, including alternative water supplies such as 270 reverse osmosis and reclaimed water systems; or 271 (6) Lands used to prevent or satisfy private property 272 rights claims resulting from limitations imposed by the 273 designation of an area of critical state concern. 274 275 The department, or a local government, special district, orand276aland authority within an area of critical state concernas277authorized in chapter 380, may make recommendations with respect 278 to additional purchases which were not included in the state 279 land planning agency recommendations. 280 Section 5. Paragraph (b) of subsection (3) of section 281 259.105, Florida Statutes, is amended to read: 282 259.105 The Florida Forever Act.— 283 (3) Less the costs of issuing and the costs of funding 284 reserve accounts and other costs associated with bonds, the 285 proceeds of cash payments or bonds issued pursuant to this 286 section shall be deposited into the Florida Forever Trust Fund 287 created by s. 259.1051. The proceeds shall be distributed by the 288 Department of Environmental Protection in the following manner: 289 (b) Thirty-five percent to the Department of Environmental 290 Protection for the acquisition of lands and capital project 291 expenditures described in this section. Of the proceeds 292 distributed pursuant to this paragraph, it is the intent of the 293 Legislature that an increased priority be given to those 294 acquisitions which achieve a combination of conservation goals, 295 including protecting Florida’s water resources and natural 296 groundwater recharge. At a minimum, 3 percent, and no more than 297 10 percent, of the funds allocated pursuant to this paragraph 298 shall be spent on capital project expenditures identified during 299 the time of acquisition which meet land management planning 300 activities necessary for public access. Beginning in the 2016 301 2017 fiscal year and continuing through the 2026-2027 fiscal 302 year, at least $5 million of the funds allocated pursuant to 303 this paragraph shall be spent on land acquisition within the 304 Florida Keys Area of Critical State Concern. 305 Section 6. Paragraph (i) of subsection (2) and paragraph 306 (i) of subsection (7) of section 380.0552, Florida Statutes, are 307 amended to read: 308 380.0552 Florida Keys Area; protection and designation as 309 area of critical state concern.— 310 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 311 to: 312 (i) Protect and improve the nearshore water quality of the 313 Florida Keys through federal, state, and local funding of water 314 quality improvement projects, including the construction and 315 operation of wastewater management facilities that meet the 316 requirements of ss. 381.0065(4)(l) and 403.086(10), as 317 applicable. 318 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 319 and local agencies and units of government in the Florida Keys 320 Area shall coordinate their plans and conduct their programs and 321 regulatory activities consistent with the principles for guiding 322 development as specified in chapter 27F-8, Florida 323 Administrative Code, as amended effective August 23, 1984, which 324 is adopted and incorporated herein by reference. For the 325 purposes of reviewing the consistency of the adopted plan, or 326 any amendments to that plan, with the principles for guiding 327 development, and any amendments to the principles, the 328 principles shall be construed as a whole and specific provisions 329 may not be construed or applied in isolation from the other 330 provisions. However, the principles for guiding development are 331 repealed 18 months from July 1, 1986. After repeal, any plan 332 amendments must be consistent with the following principles: 333 (i) Protecting and improving water quality by providing for 334 the construction, operation, maintenance, and replacement of 335 stormwater management facilities; central sewage collection; 336 treatment and disposal facilities;andthe installation and 337 proper operation and maintenance of onsite sewage treatment and 338 disposal systems; and other water quality and water supply 339 projects, including direct and indirect potable reuse. 340 Section 7. Subsection (3) of section 380.0666, Florida 341 Statutes, is amended to read: 342 380.0666 Powers of land authority.—The land authority shall 343 have all the powers necessary or convenient to carry out and 344 effectuate the purposes and provisions of this act, including 345 the following powers, which are in addition to all other powers 346 granted by other provisions of this act: 347 (3) To acquire and dispose of real and personal property or 348 any interest therein when such acquisition is necessary or 349 appropriate to protect the natural environment, provide public 350 access or public recreational facilities, preserve wildlife 351 habitat areas, provide affordable housing to families whose 352 income does not exceed 160 percent of the median family income 353 for the area, prevent or satisfy private property rights claims 354 resulting from limitations imposed by the designation of an area 355 of critical state concern, or provide access to management of 356 acquired lands; to acquire interests in land by means of land 357 exchanges; to contribute tourist impact tax revenues received 358 pursuant to s. 125.0108 to its most populous municipality or the 359 housing authority of such municipality, at the request of the 360 commission or council of such municipality, for the 361 construction, redevelopment, or preservation of affordable 362 housing in an area of critical state concern within such 363 municipality; to contribute funds to the Department of 364 Environmental Protection for the purchase of lands by the 365 department; and to enter into all alternatives to the 366 acquisition of fee interests in land, including, but not limited 367 to, the acquisition of easements, development rights, life 368 estates, leases, and leaseback arrangements. However, the land 369 authority shall make ansuchacquisition or contribution only 370 if: 371 (a) Such acquisition or contribution is consistent with 372 land development regulations and local comprehensive plans 373 adopted and approved pursuant to this chapter; 374 (b) The property acquired is within an area designated as 375 an area of critical state concern at the time of acquisition or 376 is within an area that was designated as an area of critical 377 state concern for at least 20 consecutive years prior to removal 378 of the designation;and379 (c) The property to be acquired has not been selected for 380 purchase through another local, regional, state, or federal 381 public land acquisition program. Such restriction shall not 382 apply if the land authority cooperates with the other public 383 land acquisition programs which listed the lands for 384 acquisition, to coordinate the acquisition and disposition of 385 such lands. In such cases, the land authority may enter into 386 contractual or other agreements to acquire lands jointly or for 387 eventual resale to other public land acquisition programs; and 388 (d) Such acquisition or contribution is not used to improve 389 public transportation facilities or otherwise increase road 390 capacity to reduce hurricane evacuation clearance times. 391 Section 8. This act shall take effect July 1, 2016.