Senate Bill 2156c1

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    Florida Senate - 1999                           CS for SB 2156

    By the Committee on Natural Resources and Senator Saunders





    312-1934-99

  1                      A bill to be entitled

  2         An act relating to the Florida Everglades

  3         Restoration Act; creating s. 259.202, F.S.;

  4         creating the Florida Everglades Restoration

  5         Act; defining the term "restudy project

  6         component"; providing legislative findings;

  7         providing for the proceeds of bond sales to be

  8         deposited into the Florida Everglades

  9         Restoration Trust Fund; providing criteria for

10         restoration projects; amending s. 201.15, F.S.;

11         providing for the payment of debt service on

12         bonds; providing limitations on amounts

13         transferred to the trust fund; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Section 259.202, Florida Statutes, is

19  created to read:

20         259.202  Florida Everglades Restoration Act.--

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Florida Everglades Restoration Act."

23         (2)  DEFINITION.--As used in this act, the term

24  "restudy project component" means any structural or

25  operational change, resulting from the Comprehensive Review

26  Study of the Central and Southern Florida Project, to the

27  Central and Southern Florida Project as it existed and was

28  operated as of January 1, 1999, and for which federal

29  participation was authorized by the federal Water Resources

30  Development Acts of 1992 and 1996, together with related

31  congressional resolutions.

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1         (3)  LEGISLATIVE FINDINGS.--The Legislature finds that:

  2         (a)  Human alteration of Florida's natural landscape

  3  has interfered with the ability of the Everglades' lakes,

  4  wetlands, and estuarine systems to retain or convey water or

  5  remove nutrients and sediments from water.

  6         (b)  The south Florida region's continued growth and

  7  economic well-being depend on managing aquatic systems to hold

  8  and release rainfall for environmental, agricultural,

  9  industrial, and clean drinking water purposes; to support

10  abundant native fish, wildlife, and plant communities; and to

11  enhance aesthetic and recreational uses.

12         (c)  Restoration of the damaged ecosystem, including

13  water flow and retention, hydroperiod, nutrient, and sediment

14  removal will be undertaken as part of the restudy pending

15  available funds.

16         (d)  Implementation of the Restudy is projected to

17  require several billion dollars in matching funds from state

18  sources.

19         (e)  Public financing for restoration activities is

20  equitably achieved with bonds as approved in the 1998 revision

21  to s. 11(e), Art. VII of the State Constitution.

22         (f)  Environmental restoration bonds are an appropriate

23  and necessary method of financing aquatic systems restoration

24  and the state share of Everglades restoration activities, and

25  the Legislature intends that the Florida Everglades

26  Restoration Act be financed through the issuance of bonds.

27         (4)  RESTORATION PROJECTS SUPPLEMENTED.--

28         (a)  Less the costs of issuance, the costs of funding

29  reserve accounts, and other costs with respect to the bonds,

30  the proceeds of bonds issued pursuant to this act shall be

31

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1  deposited into the Florida Everglades Restoration Trust Fund

  2  created by s. 375.046.

  3         (b)  The Department of Environmental Protection shall

  4  release funds from the Florida Everglades Restoration Trust

  5  Fund to the South Florida Water Management District following

  6  receipt of a resolution adopted by the governing board which

  7  identifies and justifies the costs of the restudy project

  8  component to be funded. The Secretary of Environmental

  9  Protection may withhold moneys for any restudy project

10  component for which the costs are not identified and

11  justified. The governing board may appeal any denial to the

12  Land and Water Adjudicatory Commission under s. 373.114.

13         (5)  PROJECT CRITERIA.--

14         (a)  Proceeds of bonds issued pursuant to this act and

15  distributed pursuant to subsection (4) shall be spent only on

16  restudy project components that meet at least one of the

17  following criteria:

18         1.  Projects that are joint federal-state partnerships

19  with project plans reflecting cost-share with federal or local

20  governments.

21         2.  Projects to restore natural water flows, retain

22  seasonal flows, release impounded water, or improve a system's

23  ability to remove nutrients and sediments.

24         3.  Projects that restore freshwater flows to major

25  estuarine systems including Florida Bay and Biscayne Bay.

26         4.  Projects that have a goal of restoring native plant

27  and animal communities.

28         5.  Projects that meet one or more of the provisions of

29  s. 11(e), Art. VII of the State Constitution.

30         (b)  The funds provided by this act may not be used for

31  any restudy project component, or portion thereof, related to

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1  the treatment, transmission, or distribution of water for

  2  sale, resale, or end-use to consumers.

  3         Section 2.  Subsections (1), (2), (8), and (9) of

  4  section 201.15, Florida Statutes, 1998 Supplement, are amended

  5  to read:

  6         201.15  Distribution of taxes collected.--All taxes

  7  collected under this chapter shall be subject to the service

  8  charge imposed in s. 215.20(1) and shall be distributed as

  9  follows:

10         (1)  Sixty-two and sixty-three hundredths percent of

11  the remaining taxes collected under this chapter shall be used

12  for the following purposes:

13         (a)  Subject to the maximum amount limitations set

14  forth in this paragraph, an amount as shall be necessary to

15  pay the debt service on, or fund debt service reserve funds,

16  rebate obligations, or other amounts with respect to bonds

17  issued pursuant to s. 375.051 and payable from moneys

18  transferred to the Land Acquisition Trust Fund pursuant to

19  this paragraph shall be paid into the State Treasury to the

20  credit of the Land Acquisition Trust Fund to be used for such

21  purposes. The amount transferred to the Land Acquisition Trust

22  Fund shall not exceed $90 million in fiscal year 1992-1993,

23  $120 million in fiscal year 1993-1994, $150 million in fiscal

24  year 1994-1995, $180 million in fiscal year 1995-1996, $210

25  million in fiscal year 1996-1997, $240 million in fiscal year

26  1997-1998, $270 million in fiscal year 1998-1999, and $300

27  million in fiscal year 1999-2000 and thereafter. No individual

28  series of bonds may be issued pursuant to this paragraph

29  unless the first year's debt service for such bonds is

30  specifically appropriated in the General Appropriations Act.

31  No moneys transferred to the Land Acquisition Trust Fund

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    Florida Senate - 1999                           CS for SB 2156
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  1  pursuant to this paragraph, or earnings thereon, shall be used

  2  or made available to pay debt service on the Save Our Coast

  3  revenue bonds.

  4         (b)  Subject to the maximum amount of limitations set

  5  forth in this paragraph, an amount necessary to pay the debt

  6  service on, or fund debt service reserve funds, rebate

  7  obligations, or other amounts with respect to bonds issued

  8  pursuant to s. 375.051 and s. 11(e), Art. VII or s. 9, Art XII

  9  of the State Constitution and payable from moneys transferred

10  to the Florida Everglades Restoration Trust Fund pursuant to

11  this paragraph shall be paid into the State Treasury to the

12  credit of the Florida Everglades Restoration Trust Fund to be

13  used for restudy project components. The amount transferred to

14  the Florida Everglades Restoration Trust Fund may not exceed

15  $10 million in fiscal year 2000-2001, $20 million in fiscal

16  year 2001-2002, $30 million in fiscal year 2002-2003, $40

17  million in fiscal year 2003-2004, $50 million in fiscal year

18  2004-2005, $60 million in fiscal year 2005-2006, $70 million

19  in fiscal year 2006-2007, $80 million in fiscal year

20  2007-2008, $90 million in fiscal year 2008-2009 and $100

21  million in fiscal year 2009-2010 and thereafter. An individual

22  series of bonds may not be issued under this paragraph unless

23  the first year's debt service for such bonds is specifically

24  appropriated in the General Appropriations Act. Moneys

25  transferred to the Florida Everglades Restoration Trust Fund

26  under this paragraph, or earnings thereon, may not be used or

27  made available to pay debt service on the Save Our Coast

28  revenue bonds.

29         (c)(b)  The remainder of the moneys distributed under

30  this subsection, after the required payment under paragraphs

31  paragraph (a) and (b), shall be paid into the State Treasury

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1  to the credit of the Land Acquisition Trust Fund and may be

  2  used for any purpose for which funds deposited in the Land

  3  Acquisition Trust Fund may lawfully be used. Payments made

  4  under this paragraph shall continue until the cumulative

  5  amount credited to the Land Acquisition Trust Fund for the

  6  fiscal year under this paragraph and paragraph (2)(b) equals

  7  70 percent of the current official forecast for distributions

  8  of taxes collected under this chapter pursuant to subsection

  9  (2). As used in this paragraph, the term "current official

10  forecast" means the most recent forecast as determined by the

11  Revenue Estimating Conference. If the current official

12  forecast for a fiscal year changes after payments under this

13  paragraph have ended during that fiscal year, no further

14  payments are required under this paragraph during the fiscal

15  year.

16         (d)(c)  The remainder of the moneys distributed under

17  this subsection, after the required payments under paragraphs

18  (a), and (b), and (c), shall be paid into the State Treasury

19  to the credit of the General Revenue Fund of the state to be

20  used and expended for the purposes for which the General

21  Revenue Fund was created and exists by law or to the Ecosystem

22  Management and Restoration Trust Fund as provided in

23  subsection (8).

24         (2)  Seven and fifty-six hundredths percent of the

25  remaining taxes collected under this chapter shall be used for

26  the following purposes:

27         (a)  Beginning in the month following the final payment

28  for a fiscal year under paragraph (1)(c) (1)(b), available

29  moneys shall be paid into the State Treasury to the credit of

30  the General Revenue Fund of the state to be used and expended

31  for the purposes for which the General Revenue Fund was

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1  created and exists by law or to the Ecosystem Management and

  2  Restoration Trust Fund as provided in subsection (8). Payments

  3  made under this paragraph shall continue until the cumulative

  4  amount credited to the General Revenue Fund for the fiscal

  5  year under this paragraph equals the cumulative payments made

  6  under paragraph (1)(c) (1)(b) for the same fiscal year.

  7         (b)  The remainder of the moneys distributed under this

  8  subsection shall be paid into the State Treasury to the credit

  9  of the Land Acquisition Trust Fund. Sums deposited in the fund

10  pursuant to this subsection may be used for any purpose for

11  which funds deposited in the Land Acquisition Trust Fund may

12  lawfully be used.

13         (8)  From the moneys specified in paragraphs (1)(d)

14  (1)(c) and (2)(a) and prior to deposit of any moneys into the

15  General Revenue Fund, $10 million shall be paid into the State

16  Treasury to the credit of the Ecosystem Management and

17  Restoration Trust Fund in fiscal year 1998-1999, $20 million

18  in fiscal year 1999-2000, and $30 million in fiscal year

19  2000-2001 and each fiscal year thereafter, to be used for the

20  preservation and repair of the state's beaches as provided in

21  ss. 161.091-161.212.

22         (9)  The Department of Revenue may use the payments

23  credited to trust funds pursuant to paragraphs (1)(c) (1)(b)

24  and (2)(b) and subsections (3), (4), (5), (6), and (7) to pay

25  the costs of the collection and enforcement of the tax levied

26  by this chapter. The percentage of such costs which may be

27  assessed against a trust fund is a ratio, the numerator of

28  which is payments credited to that trust fund under this

29  section and the denominator of which is the sum of payments

30  made under paragraphs (1)(c) (1)(b) and (2)(b) and subsections

31  (3), (4), (5), (6), and (7).

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    Florida Senate - 1999                           CS for SB 2156
    312-1934-99




  1         Section 3.  This act shall take effect July 1, 2000.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                             SB 2156

  5

  6  The act has been retitled as the Florida Everglades
    Restoration Act and will provide funds solely for restudy
  7  project components. The bill defines "restudy project
    component" as any structural or operational change, resulting
  8  from the Comprehensive Review Study of the Central and
    Southern Florida Project, to the Central and Southern Florida
  9  Project as it existed and was operated as of January 1, 1999,
    and for which federal participation was authorized by the
10  federal Water Resources Development Acts of 1992 and 1996,
    together with related congressional resolutions.
11
    The bill provides findings regarding the importance of aquatic
12  systems to the South Florida region and the need to restore
    the damaged ecosystem, and that restoration is equitably
13  achieved with bond financing.

14  The DEP will release funds from the Florida Everglades
    Restoration Trust Fund to the SFWMD following receipt of a
15  resolution adopted by the governing board which identifies and
    justifies the costs of the restudy project component to be
16  funded.  The Secretary of Environmental Protection may
    withhold moneys for any restudy project component for which
17  the costs are not identified and justified. The governing
    board may appeal any denial to the Land and Water Adjudicatory
18  Commission under s. 373.114.

19  Bond proceeds will be spent only on restudy project components
    that meet at least one of the following criteria:
20
    -     Projects that are joint federal-state partnerships with
21        project plans reflecting cost-share with federal or
          local governments.
22
    -     Projects to restore natural water flows, retain seasonal
23        flows, release impounded water, or improve a system's
          ability to remove nutrients and sediments.
24
    -     Projects that restore freshwater flows to major
25        estuarine systems including Florida Bay and Biscayne
          Bay.
26
    -     Projects that have a goal of restoring native plant and
27        animal communities.

28  -     Projects that meet one or more of the provisions of s.
          11(e), Art. VII of the State Constitution.
29
    The funds provided by this act may not be used for any restudy
30  project component, or portion thereof, related to the
    treatment, transmission, or distribution of water for sale,
31  resale, or end-use to consumers.

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