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 138Notwithstanding subparagraph 3., for the 2020-2021 fiscal year,139funds shall be appropriated as provided in the General140Appropriations Act. This subparagraph expires July 1, 2021. 141 Section 3. This act shall take effect July 1, 2021.