Senate Bill sb2528

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    Florida Senate - 2002                                  SB 2528

    By Senator Constantine





    9-1588-02

  1                      A bill to be entitled

  2         An act relating to Everglades restoration;

  3         amending s. 201.15, F.S.; providing for a

  4         distribution of proceeds from excise taxes on

  5         documents for payment of debt service on

  6         Everglades restoration bonds; providing for the

  7         deposit of certain funds into the Save Our

  8         Everglades Trust Fund to finance the

  9         implementation of the Comprehensive Everglades

10         Restoration Plan; creating s. 215.619, F.S.;

11         authorizing the issuance of Everglades

12         restoration bonds to finance or refinance the

13         cost of acquisition and improvement of land,

14         water areas, and related property interests and

15         resources for the purpose of implementing the

16         Comprehensive Everglades Restoration Plan;

17         providing procedures and limitations; providing

18         for the deposit of funds; amending s. 373.470,

19         F.S.; providing for the deposit of bond

20         proceeds; providing legislative intent that the

21         issuance of bonds is in the best interest of

22         the state; providing an effective date.

23

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

25

26         Section 1.  Subsection (1), paragraph (a) of subsection

27  (2), and paragraph (a) of subsection (9) of section 201.15,

28  Florida Statutes, are amended, present subsections (12), (13),

29  and (14) of that section are redesignated as subsections (13),

30  (14), and (15), respectively, and a new subsection (12) is

31  added to that section, to read:

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  1         201.15  Distribution of taxes collected.--All taxes

  2  collected under this chapter shall be distributed as follows

  3  and shall be subject to the service charge imposed in s.

  4  215.20(1), except that such service charge shall not be levied

  5  against any portion of taxes pledged to debt service on bonds

  6  to the extent that the amount of the service charge is

  7  required to pay any amounts relating to the bonds:

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

  9  the remaining taxes collected under this chapter shall be used

10  for the following purposes:

11         (a)  Amounts as shall be necessary to pay the debt

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

13  obligations, or other amounts payable with respect to

14  Preservation 2000 bonds issued pursuant to s. 375.051 and

15  Florida Forever bonds issued pursuant to s. 215.618, shall be

16  paid into the State Treasury to the credit of the Land

17  Acquisition Trust Fund to be used for such purposes. The

18  amount transferred to the Land Acquisition Trust Fund for such

19  purposes shall not exceed $300 million in fiscal year

20  1999-2000 and thereafter for Preservation 2000 bonds and bonds

21  issued to refund Preservation 2000 bonds, and $300 million in

22  fiscal year 2000-2001 and thereafter for Florida Forever

23  bonds. The annual amount transferred to the Land Acquisition

24  Trust Fund for Florida Forever bonds shall not exceed $30

25  million in the first fiscal year in which bonds are issued.

26  The limitation on the amount transferred shall be increased by

27  an additional $30 million in each subsequent fiscal year, but

28  shall not exceed a total of $300 million in any fiscal year

29  for all bonds issued. It is the intent of the Legislature that

30  all bonds issued to fund the Florida Forever Act be retired by

31  December 31, 2030. Except for bonds issued to refund

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  1  previously issued bonds, no series of bonds may be issued

  2  pursuant to this paragraph unless such bonds are approved and

  3  the debt service for the remainder of the fiscal year in which

  4  the bonds are issued is specifically appropriated in the

  5  General Appropriations Act. For purposes of refunding

  6  Preservation 2000 bonds, amounts designated within this

  7  section for Preservation 2000 and Florida Forever bonds may be

  8  transferred between the two programs to the extent provided

  9  for in the documents authorizing the issuance of the bonds.

10  The Preservation 2000 bonds and Florida Forever bonds shall be

11  equally and ratably secured by moneys distributable to the

12  Land Acquisition Trust Fund pursuant to this section, except

13  to the extent specifically provided otherwise by the documents

14  authorizing the issuance of the bonds. No moneys transferred

15  to the Land Acquisition Trust Fund pursuant to this paragraph,

16  or earnings thereon, shall be used or made available to pay

17  debt service on the Save Our Coast revenue bonds.

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

19  subsection, after the required payment under paragraph (a),

20  shall be paid into the State Treasury to the credit of the

21  Save Our Everglades Trust Fund in amounts necessary to pay

22  debt service, provide reserves, and pay rebate obligations and

23  other amounts due with respect to bonds issued under s.

24  215.619.

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

26  this subsection, after the required payment under paragraphs

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

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

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

30  Acquisition Trust Fund may lawfully be used. Payments made

31  under this paragraph shall continue until the cumulative

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  1  amount credited to the Land Acquisition Trust Fund for the

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

  3  70 percent of the current official forecast for distributions

  4  of taxes collected under this chapter pursuant to subsection

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

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

  7  Revenue Estimating Conference. If the current official

  8  forecast for a fiscal year changes after payments under this

  9  paragraph have ended during that fiscal year, no further

10  payments are required under this paragraph during the fiscal

11  year.

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

13  this  subsection, after the required payments under paragraphs

14  paragraph (a), (b), and (c), shall be paid into the State

15  Treasury to the credit of the General Revenue Fund of the

16  state to be used and expended for the purposes for which the

17  General Revenue Fund was created and exists by law or to the

18  Ecosystem Management and Restoration Trust Fund, or to the

19  Marine Resources Conservation Trust Fund as provided in

20  subsection (11), or to the Save Our Everglades Trust Fund as

21  provided in subsection (12).

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

23  remaining taxes collected under this chapter shall be used for

24  the following purposes:

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

26  for a fiscal year under paragraph (1)(b), available moneys

27  shall be paid into the State Treasury to the credit of the

28  General Revenue Fund of the state to be used and expended for

29  the purposes for which the General Revenue Fund was created

30  and exists by law or to the Ecosystem Management and

31  Restoration Trust Fund or to the Marine Resources Conservation

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  1  Trust Fund as provided in subsection (11) or to the Save Our

  2  Everglades Trust Fund as provided in subsection (12). 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)(b) for the same fiscal year.

  7         (9)  Seven and fifty-three hundredths percent of the

  8  remaining taxes collected under this chapter shall be paid

  9  into the State Treasury to the credit of the State Housing

10  Trust Fund and shall be used as follows:

11         (a)  Half of that amount shall be used for the purposes

12  for which the State Housing Trust Fund was created and exists

13  by law. Subject to any required payments for bonds issued

14  pursuant to s. 420.5092, beginning in fiscal year 2002-2003,

15  and ending in fiscal year 2009-2010, a portion of the funds

16  shall be deposited into the Save Our Everglades Trust Fund as

17  follows:

18         1.  In fiscal year 2002-2003, $12.5 million;

19         2.  In fiscal year 2003-2004, $13 million;

20         3.  In fiscal year 2004-2005, $13 million;

21         4.  In fiscal year 2005-2006, $16 million;

22         5.  In fiscal year 2006-2007, $19 million;

23         6.  In fiscal year 2007-2008, $22 million; and

24         7.  In fiscal year 2008-2009 through 2009-2010, $25

25  million.

26

27  The funds deposited into the Save Our Everglades Trust Fund

28  shall be used to finance the implementation of the

29  Comprehensive Everglades Restoration Plan defined in s.

30  373.470(2)(a).

31

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  1         (12)  From the moneys specified in paragraphs (1)(c)

  2  and (2)(a) and prior to deposit of any moneys into the General

  3  Revenue Fund, funds shall be paid into the State Treasury to

  4  the credit of the Save Our Everglades Trust Fund as follows:

  5         (a)  In fiscal year 2002-2003, $62.5 million;

  6         (b)  In fiscal year 2003-2004, $62 million;

  7         (c)  In fiscal year 2004-2005, $62 million;

  8         (d)  In fiscal year 2005-2006, $59 million;

  9         (e)  In fiscal year 2006-2007, $56 million;

10         (f)  In fiscal year 2007-2008, $53 million; and

11         (g)  In fiscal year 2008-2009 and 2009-2010, $50

12  million.

13

14  The funds deposited into the Save Our Everglades Trust Fund

15  shall be used to finance the implementation of the

16  Comprehensive Everglades Restoration Plan defined in s.

17  373.470(2)(a).

18         Section 2.  Section 215.619, Florida Statutes, is

19  created to read:

20         215.619  Bonds for Everglades restoration.--

21         (1)  The issuance of Everglades restoration bonds to

22  finance or refinance the cost of acquisition and improvement

23  of land, water areas, and related property interests and

24  resources for the purpose of implementing the Comprehensive

25  Everglades Restoration Plan under s. 373.470 is authorized in

26  accordance with s. 11(e), Art. VII of the State Constitution.

27  Everglades restoration bonds, except refunding bonds, may be

28  issued only in fiscal years 2002-2003 through 2009-2010, and

29  may not be issued in an amount exceeding $75 million per

30  fiscal year unless the Department of Environmental Protection

31  has requested additional amounts in order to achieve cost

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  1  savings or accelerate the purchase of land. The duration of

  2  Everglades restoration bonds may not exceed 20 annual

  3  maturities, and those bonds must mature by December 31, 2030.

  4  Except for refunding bonds, a series of bonds may not be

  5  issued unless an amount equal to the debt service coming due

  6  in the year of issuance has been appropriated by the

  7  Legislature.

  8         (2)  The state covenants with the holders of Everglades

  9  restoration bonds that it will not take any action that will

10  materially and adversely affect the rights of the holders so

11  long as the bonds are outstanding, including, but not limited

12  to, a reduction in the portion of documentary stamp taxes

13  distributable under s. 201.15(1) for payment of debt service

14  on Preservation 2000 bonds, Florida Forever bonds, or

15  Everglades restoration bonds.

16         (3)  Everglades restoration bonds are payable from, and

17  secured by a first lien on, taxes distributable under s.

18  201.15(1)(b) and do not constitute a general obligation of or

19  a pledge of the full faith and credit of the state. Everglades

20  restoration bonds are junior and subordinate to bonds secured

21  by moneys distributable under s. 201.15(1)(a).

22         (4)  The Department of Environmental Protection shall

23  request the Division of Bond Finance to issue Everglades

24  restoration bonds under the State Bond Act. The Department of

25  Environmental Protection shall coordinate with the Division of

26  Bond Finance to issue the bonds in a cost-effective manner

27  consistent with cash needs.

28         (5)  The proceeds of Everglades restoration bonds, less

29  the costs of issuance, the costs of funding reserve accounts,

30  and other costs with respect to the bonds, shall be deposited

31  into the Save Our Everglades Trust Fund. The bond proceeds

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  1  deposited into the Save Our Everglades Trust Fund shall be

  2  distributed by the Department of Environmental Protection as

  3  provided in s. 373.470.

  4         (6)  There may not be any sale, disposition, lease,

  5  easement, license, or other use of any land, water areas, or

  6  related property interests acquired or improved with proceeds

  7  of Everglades restoration bonds which would cause all or any

  8  portion of the interest on the bonds to be included in gross

  9  income for federal income tax purposes.

10         (7)  Any complaint for validation of bonds issued under

11  this section may be filed only in the circuit court of the

12  county where the seat of state government is situated. The

13  notice required to be published by s. 75.06 may be published

14  only in the county where the complaint is filed, and the

15  complaint and order of the circuit court need be served only

16  on the state attorney of the circuit in which the action is

17  pending.

18         Section 3.  Subsection (5) of section 373.470, Florida

19  Statutes, is amended to read:

20         373.470  Everglades restoration.--

21         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--

22         (a)1.  For fiscal year 2000-2001, $50 million of state

23  funds shall be deposited into the Save Our Everglades Trust

24  Fund created by s. 373.472.

25         2.  For each year of the 9 consecutive years beginning

26  with fiscal year 2001-2002, $75 million of state funds shall

27  be deposited into the Save Our Everglades Trust Fund created

28  by s. 373.472.

29         3.  As an alternative to subparagraph 2., proceeds of

30  bonds issued under s. 215.619 may be deposited into the Save

31  Our Everglades Trust Fund created under s. 373.472. To enhance

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  1  flexibility, funds to be deposited into the Save Our

  2  Everglades Trust Fund may consist of any combination of state

  3  funds and Everglades restoration bonds.

  4         (b)  For each year of the 10 consecutive years

  5  beginning with fiscal year 2000-2001, the department shall

  6  deposit $25 million of the funds allocated to the district by

  7  the department under s. 259.105(11)(a) into the Save Our

  8  Everglades Trust Fund created by s. 373.472.

  9         Section 4.  In accordance with section 215.98(1),

10  Florida Statutes, the Legislature determines that the issuance

11  of Everglades restoration bonds under section 2 of this act is

12  in the best interest of the state and should be implemented.

13         Section 5.  This act shall take effect July 1, 2002.

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15            *****************************************

16                          SENATE SUMMARY

17    Provides for the distribution of proceeds from excise
      taxes on documents for payment of debt service on
18    Everglades restoration bonds. Provides for the deposit of
      certain funds into the Save Our Everglades Trust Fund to
19    finance the implementation of the Comprehensive
      Everglades Restoration Plan. Authorizes the issuance of
20    bonds to finance or refinance the cost of acquisition and
      improvement of land, water areas, and related property
21    interests. Provides for the deposit of funds into the
      Save Our Everglades Trust Fund.
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