Bill Text: FL S1240 | 2021 | Regular Session | Introduced
Bill Title: Beach Funding
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Environment and Natural Resources [S1240 Detail]
Download: Florida-2021-S1240-Introduced.html
Florida Senate - 2021 SB 1240
By Senator Hutson
7-01452-21 20211240__
1 A bill to be entitled
2 An act relating to beach funding; amending s. 161.101,
3 F.S.; revising the information required to be
4 considered for Tier 3 in the scoring system for annual
5 beach project funding priorities; amending s. 375.041,
6 F.S.; providing a specified annual appropriation from
7 the Land Acquisition Trust Fund to the Department of
8 Environmental Protection to fund certain projects
9 under the Beach Management Funding Assistance Program;
10 requiring such funds to be awarded according to
11 specified provisions; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (c) of subsection (14) of section
16 161.101, Florida Statutes, is amended to read:
17 161.101 State and local participation in authorized
18 projects and studies relating to beach management and erosion
19 control.—
20 (14) The intent of the Legislature in preserving and
21 protecting Florida’s sandy beaches pursuant to this act is to
22 direct beach erosion control appropriations to the state’s most
23 severely eroded beaches and to prevent further adverse impact
24 caused by improved, modified, or altered inlets, coastal
25 armoring, or existing upland development. In establishing annual
26 project funding priorities, the department shall seek formal
27 input from local coastal governments, beach and general
28 government interest groups, and university experts. The
29 department shall implement a scoring system for annual project
30 funding priorities that consists of criteria equally weighted
31 within the following specified tiers:
32 (c) Tier 3 must account for 20 percent of the total score
33 and consist of all of the following criteria:
34 1. Previous state commitment and involvement in the
35 project, considering previously funded phases, the total amount
36 of previous state funding, and previous partial appropriations
37 for the proposed project.
38 2. The recreational benefits of the project based on:
39 a. The accessible beach area added by the project, as
40 applicable; and
41 b. The percentage of linear footage within the project
42 boundaries which is zoned:
43 (I) As recreational or open space;
44 (II) For commercial use; or
45 (III) To otherwise allow for public lodging establishments.
46 3. The extent to which the project mitigates the adverse
47 impact of improved, modified, or altered inlets on adjacent
48 beaches.
49 4. The degree to which the project addresses the state’s
50 most significant beach erosion problems as a function of the
51 linear footage of the project shoreline and the cubic yards of
52 sand placed per mile per year.
53
54 If more than one project qualifies equally under the provisions
55 of this subsection, the department shall assign funding priority
56 to those projects shown to be most ready to proceed.
57 Section 2. Paragraph (b) of subsection (3) of section
58 375.041, Florida Statutes, is amended to read:
59 375.041 Land Acquisition Trust Fund.—
60 (3) Funds distributed into the Land Acquisition Trust Fund
61 pursuant to s. 201.15 shall be applied:
62 (b) Of the funds remaining after the payments required
63 under paragraph (a), but before funds may be appropriated,
64 pledged, or dedicated for other uses:
65 1. A minimum of the lesser of 25 percent or $200 million
66 shall be appropriated annually for Everglades projects that
67 implement the Comprehensive Everglades Restoration Plan as set
68 forth in s. 373.470, including the Central Everglades Planning
69 Project subject to Congressional authorization; the Long-Term
70 Plan as defined in s. 373.4592(2); and the Northern Everglades
71 and Estuaries Protection Program as set forth in s. 373.4595.
72 From these funds, $32 million shall be distributed each fiscal
73 year through the 2023-2024 fiscal year to the South Florida
74 Water Management District for the Long-Term Plan as defined in
75 s. 373.4592(2). After deducting the $32 million distributed
76 under this subparagraph, from the funds remaining, a minimum of
77 the lesser of 76.5 percent or $100 million shall be appropriated
78 each fiscal year through the 2025-2026 fiscal year for the
79 planning, design, engineering, and construction of the
80 Comprehensive Everglades Restoration Plan as set forth in s.
81 373.470, including the Central Everglades Planning Project, the
82 Everglades Agricultural Area Storage Reservoir Project, the Lake
83 Okeechobee Watershed Project, the C-43 West Basin Storage
84 Reservoir Project, the Indian River Lagoon-South Project, the
85 Western Everglades Restoration Project, and the Picayune Strand
86 Restoration Project. The Department of Environmental Protection
87 and the South Florida Water Management District shall give
88 preference to those Everglades restoration projects that reduce
89 harmful discharges of water from Lake Okeechobee to the St.
90 Lucie or Caloosahatchee estuaries in a timely manner. For the
91 purpose of performing the calculation provided in this
92 subparagraph, the amount of debt service paid pursuant to
93 paragraph (a) for bonds issued after July 1, 2016, for the
94 purposes set forth under paragraph (b) shall be added to the
95 amount remaining after the payments required under paragraph
96 (a). The amount of the distribution calculated shall then be
97 reduced by an amount equal to the debt service paid pursuant to
98 paragraph (a) on bonds issued after July 1, 2016, for the
99 purposes set forth under this subparagraph.
100 2. A minimum of the lesser of 7.6 percent or $50 million
101 shall be appropriated annually for spring restoration,
102 protection, and management projects. For the purpose of
103 performing the calculation provided in this subparagraph, the
104 amount of debt service paid pursuant to paragraph (a) for bonds
105 issued after July 1, 2016, for the purposes set forth under
106 paragraph (b) shall be added to the amount remaining after the
107 payments required under paragraph (a). The amount of the
108 distribution calculated shall then be reduced by an amount equal
109 to the debt service paid pursuant to paragraph (a) on bonds
110 issued after July 1, 2016, for the purposes set forth under this
111 subparagraph.
112 3. The sum of $5 million shall be appropriated annually
113 each fiscal year through the 2025-2026 fiscal year to the St.
114 Johns River Water Management District for projects dedicated to
115 the restoration of Lake Apopka. This distribution shall be
116 reduced by an amount equal to the debt service paid pursuant to
117 paragraph (a) on bonds issued after July 1, 2016, for the
118 purposes set forth in this subparagraph.
119 4. The sum of $64 million is appropriated and shall be
120 transferred to the Everglades Trust Fund for the 2018-2019
121 fiscal year, and each fiscal year thereafter, for the EAA
122 reservoir project pursuant to s. 373.4598. Any funds remaining
123 in any fiscal year shall be made available only for Phase II of
124 the C-51 reservoir project or projects identified in
125 subparagraph 1. and must be used in accordance with laws
126 relating to such projects. Any funds made available for such
127 purposes in a fiscal year are in addition to the amount
128 appropriated under subparagraph 1. This distribution shall be
129 reduced by an amount equal to the debt service paid pursuant to
130 paragraph (a) on bonds issued after July 1, 2017, for the
131 purposes set forth in this subparagraph.
132 5. A minimum of the lesser of $100 million or the total
133 amount requested for the fiscal year to fully fund the list of
134 projects under the Beach Management Funding Assistance Program
135 shall be appropriated annually to the Department of
136 Environmental Protection for beach and inlet management
137 projects. Such funds must be awarded pursuant to s. 161.101
138 Notwithstanding subparagraph 3., for the 2020-2021 fiscal year,
139 funds shall be appropriated as provided in the General
140 Appropriations Act. This subparagraph expires July 1, 2021.
141 Section 3. This act shall take effect July 1, 2021.
