House Bill hb0813

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    Florida House of Representatives - 2002                 HB 813

        By Representatives Dockery, Greenstein, Lacasa, Goodlette,
    Harrington, Atwater, Alexander, Gannon, Mayfield, Diaz-Balart,
    Farkas, Argenziano, Sorensen, Clarke, Needelman, Murman,
    Bennett, Cantens, Spratt, Waters, Evers, Negron, Ross,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to Everglades restoration;

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

  4         distribution of proceeds from excise taxes on

  5         documents to pay debt service on Everglades

  6         restoration bonds; creating s. 215.619, F.S.;

  7         authorizing the issuance of Everglades

  8         restoration bonds to finance or refinance the

  9         cost of acquisition and improvement of land,

10         water areas, and related property interests and

11         resources for the purpose of implementing the

12         Comprehensive Everglades Restoration Plan;

13         providing procedures and limitations; providing

14         for deposit of funds in the Save Our Everglades

15         Trust Fund; amending s. 259.105, F.S.;

16         specifying time period for transfer of certain

17         Florida Forever Act funds into the Save Our

18         Everglades Trust Fund; amending ss. 373.470 and

19         373.472, F.S.; authorizing the payment of debt

20         service on Everglades restoration bonds from

21         the Save Our Everglades Trust Fund; revising

22         requirements for deposit of state and water

23         management district funds into the Save Our

24         Everglades Trust Fund; providing legislative

25         intent that the issuance of Everglades

26         restoration bonds is in the best interest of

27         the state; providing an effective date.

28

29         WHEREAS, the Legislature recognizes that the Everglades

30  is an ecosystem of national and international significance,

31  and

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  1         WHEREAS, the Legislature is committed to the

  2  Comprehensive Everglades Restoration Plan, and

  3         WHEREAS, the Legislature recognizes that the

  4  Comprehensive Everglades Restoration Plan will be implemented

  5  over many years to benefit the environment and citizens of

  6  Florida for many years into the future, and

  7         WHEREAS, the Legislature declares that future

  8  beneficiaries as well as current taypayers should share the

  9  cost of the Comprehensive Everglades Restoration Plan, and

10         WHEREAS, the Legislature recognizes that the value of

11  lands in certain areas in South Florida is outpacing the rate

12  of financing or inflation, and

13         WHEREAS, the Legislature recognizes the importance of

14  expediting the purchase of lands for the Comprehensive

15  Everglades Restoration Plan where cost savings can be

16  realized, and

17         WHEREAS, the Legislature recognizes that the issuance

18  of bonds provides the best opportunity to ensure a dedicated

19  funding stream for purchasing lands in a timely fashion

20  without needlessly expending state resources, NOW, THEREFORE,

21

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

23

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

25  (2), and subsections (11) and (12) of section 201.15, Florida

26  Statutes, are amended to read:

27         201.15  Distribution of taxes collected.--All taxes

28  collected under this chapter shall be distributed as follows

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

30  215.20(1), except that such service charge shall not be levied

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

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

  2  required to pay any amounts relating to the bonds:

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

  4  the remaining taxes collected under this chapter shall be used

  5  for the following purposes:

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

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

  8  obligations, or other amounts payable with respect to

  9  Preservation 2000 bonds issued pursuant to s. 375.051 and

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

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

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

13  amount transferred to the Land Acquisition Trust Fund for such

14  purposes shall not exceed $300 million in fiscal year

15  1999-2000 and thereafter for Preservation 2000 bonds and bonds

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

17  fiscal year 2000-2001 and thereafter for Florida Forever

18  bonds. The annual amount transferred to the Land Acquisition

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

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

21  The limitation on the amount transferred shall be increased by

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

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

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

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

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

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

28  pursuant to this paragraph unless such bonds are approved and

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

30  the bonds are issued is specifically appropriated in the

31  General Appropriations Act. For purposes of refunding

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  1  Preservation 2000 bonds, amounts designated within this

  2  section for Preservation 2000 and Florida Forever bonds may be

  3  transferred between the two programs to the extent provided

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

  5  The Preservation 2000 bonds and Florida Forever bonds shall be

  6  equally and ratably secured by moneys distributable to the

  7  Land Acquisition Trust Fund pursuant to this section, except

  8  to the extent specifically provided otherwise by the documents

  9  authorizing the issuance of the bonds. No moneys transferred

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

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

12  debt service on the Save Our Coast revenue bonds.

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

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

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

16  Save Our Everglades Trust Fund in amounts necessary to pay

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

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

19  215.619.

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

21  this subsection, after the required payments payment under

22  paragraphs paragraph (a) and (b), shall be paid into the State

23  Treasury to the credit of the Land Acquisition Trust Fund and

24  may be used for any purpose for which funds deposited in the

25  Land Acquisition Trust Fund may lawfully be used. Payments

26  made under this paragraph shall continue until the cumulative

27  amount credited to the Land Acquisition Trust Fund for the

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

29  70 percent of the current official forecast for distributions

30  of taxes collected under this chapter pursuant to subsection

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

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

  2  Revenue Estimating Conference. If the current official

  3  forecast for a fiscal year changes after payments under this

  4  paragraph have ended during that fiscal year, no further

  5  payments are required under this paragraph during the fiscal

  6  year.

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

  8  this subsection, after the required payments under paragraphs

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

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

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

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

13  Ecosystem Management and Restoration Trust Fund or to the

14  Marine Resources Conservation Trust Fund as provided in

15  subsection (11).

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

17  remaining taxes collected under this chapter shall be used for

18  the following purposes:

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

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

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

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

23  the purposes for which the General Revenue Fund was created

24  and exists by law or to the Ecosystem Management and

25  Restoration Trust Fund or to the Marine Resources Conservation

26  Trust Fund as provided in subsection (11). Payments made under

27  this paragraph shall continue until the cumulative amount

28  credited to the General Revenue Fund for the fiscal year under

29  this paragraph equals the cumulative payments made under

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

31

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  1         (11)  From the moneys specified in paragraphs (1)(d)(c)

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

  3  Revenue Fund, $30 million shall be paid into the State

  4  Treasury to the credit of the Ecosystem Management and

  5  Restoration Trust Fund in fiscal year 2000-2001 and each

  6  fiscal year thereafter, to be used for the preservation and

  7  repair of the state's beaches as provided in ss.

  8  161.091-161.212, and $2 million shall be paid into the State

  9  Treasury to the credit of the Marine Resources Conservation

10  Trust Fund to be used for marine mammal care as provided in s.

11  370.0603(3).

12         (12)  The Department of Revenue may use the payments

13  credited to trust funds pursuant to paragraphs (1)(c)(b) and

14  (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and

15  (10) to pay the costs of the collection and enforcement of the

16  tax levied by this chapter. The percentage of such costs which

17  may be assessed against a trust fund is a ratio, the numerator

18  of which is payments credited to that trust fund under this

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

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

21  (3), (4), (5), (6), (7), (8), (9), and (10).

22         Section 2.  Section 215.619, Florida Statutes, is

23  created to read:

24         215.619  Bonds for Everglades restoration.--

25         (1)  The issuance of Everglades restoration bonds to

26  finance or refinance the cost of acquisition and improvement

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

28  resources for the purpose of implementing the Comprehensive

29  Everglades Restoration Plan under s. 373.470 is authorized in

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

31  Everglades restoration bonds, except refunding bonds, may be

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

  2  may not be issued in an amount exceeding $125 million per

  3  fiscal year unless the Department of Environmental Protection

  4  has requested additional amounts in order to achieve cost

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

  6  Everglades restoration bonds may not exceed 20 annual

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

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

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

10  in the year of issuance has been appropriated by the

11  Legislature.

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

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

14  materially and adversely affect the rights of the holders so

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

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

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

18  on Preservation 2000 bonds, Florida Forever bonds, or

19  Everglades restoration bonds.

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

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

22  201.15(1)(b) and do not constitute a general obligation of, or

23  a pledge of the full faith and credit of, the state.

24  Everglades restoration bonds are junior and subordinate to

25  bonds secured by moneys distributable under s. 201.15(1)(a).

26         (4)  The Department of Environmental Protection shall

27  request the Division of Bond Finance of the State Board of

28  Administration to issue Everglades restoration bonds under the

29  State Bond Act. The Department of Environmental Protection

30  shall coordinate with the Division of Bond Finance to issue

31

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  1  the bonds in a cost-effective manner consistent with cash

  2  needs.

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

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

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

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

  7  deposited into the Save Our Everglades Trust Fund shall be

  8  distributed by the Department of Environmental Protection as

  9  provided in s. 373.470.

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

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

12  related property interests acquired or improved with proceeds

13  of Everglades restoration bonds which would cause all or any

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

15  income for federal income tax purposes.

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

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

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

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

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

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

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

23  pending.

24         Section 3.  Paragraph (a) of subsection (11) of section

25  259.105, Florida Statutes, is amended to read:

26         259.105  The Florida Forever Act.--

27         (11)  For the purposes of funding projects pursuant to

28  paragraph (3)(a), the Secretary of Environmental Protection

29  shall ensure that each water management district receives the

30  following percentage of funds annually:

31

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  1         (a)  Thirty-five percent to the South Florida Water

  2  Management District, of which amount $25 million for 2 years

  3  beginning in fiscal year 2000-2001 shall be transferred by the

  4  Department of Environmental Protection into the Save Our

  5  Everglades Trust Fund.

  6         Section 4.  Subsections (4), (5), and (6) of section

  7  373.470, Florida Statutes, are amended to read:

  8         373.470  Everglades restoration.--

  9         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED

10  FOR DEPOSIT.--The following funds may be deposited into the

11  Save Our Everglades Trust Fund created by s. 373.472 to

12  finance implementation of the comprehensive plan:

13         (a)  In fiscal year 2000-2001, funds described in s.

14  259.101(3).

15         (b)  Funds described in subsection (5).

16         (c)  Federal funds appropriated by Congress for

17  implementation of the comprehensive plan.

18         (d)  Any additional funds appropriated by the

19  Legislature for the purpose of implementing the comprehensive

20  plan.

21         (e)  Gifts designated for implementation of the

22  comprehensive plan from individuals, corporations, or other

23  entities.

24         (f)  Funds made available pursuant to s. 201.15 for

25  debt service for Everglades restoration bonds.

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

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

28  funds shall be deposited into the Save Our Everglades Trust

29  Fund created by s. 373.472.

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

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

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  1  be deposited into the Save Our Everglades Trust Fund created

  2  by s. 373.472.

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

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

  5  Our Everglades Trust Fund created under s. 373.472.  To

  6  enhance flexibility, funds to be deposited into the Save Our

  7  Everglades Trust Fund may consist of any combination of state

  8  funds and Everglades restoration bonds.

  9         (b)  For each year of the 2 10 consecutive years

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

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

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

13  Everglades Trust Fund created by s. 373.472.

14         (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST

15  FUND.--

16         (a)  Except for funds appropriated for debt service,

17  the department shall distribute funds in the Save Our

18  Everglades Trust Fund to the district in accordance with a

19  legislative appropriation and s. 373.026(8)(b) and (c).

20  Distribution of funds from the Save Our Everglades Trust Fund

21  shall be equally matched by the cumulative contributions from

22  all local sponsors by fiscal year 2009-2010 by providing

23  funding or credits toward project components. The dollar value

24  of in-kind work by local sponsors in furtherance of the

25  comprehensive plan and existing interest in public lands

26  needed for a project component are credits towards the local

27  sponsors' contributions.

28         (b)  The department shall distribute funds in the Save

29  Our Everglades Trust Fund to the district in accordance with a

30  legislative appropriation for debt service for Everglades

31  restoration bonds.

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  1         Section 5.  Subsection (1) of section 373.472, Florida

  2  Statutes, is amended to read:

  3         373.472  Save Our Everglades Trust Fund.--

  4         (1)  There is created within the Department of

  5  Environmental Protection the Save Our Everglades Trust Fund.

  6  Funds in the trust fund shall be expended to implement the

  7  comprehensive plan defined in s. 373.470(2)(a) and pay debt

  8  service for Everglades restoration bonds issued pursuant to s.

  9  215.619. The trust fund shall serve as the repository for

10  state, local, and federal project contributions in accordance

11  with s. 373.470(4).

12         Section 6.  In accordance with s. 215.98(1), the

13  Legislature determines that the issuance of Everglades

14  restoration bonds under section 2 of this act is in the best

15  interest of the state and should be implemented.

16         Section 7.  This act shall take effect July 1, 2002.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Authorizes the issuance of Everglades restoration bonds
21    to finance or refinance the cost of acquisition and
      improvement of land, water areas, and related property
22    interests and resources for the purpose of implementing
      the Comprehensive Everglades Restoration Plan. Provides
23    procedures and limitations. Provides for deposit of funds
      in the Save Our Everglades Trust Fund and authorizes use
24    of such funds to pay debt service on such bonds. Provides
      for distribution of proceeds from excise taxes on
25    documents to pay debt service on such bonds. Specifies a
      time period for transfer of certain Florida Forever Act
26    funds into the Save Our Everglades Trust Fund. Provides
      legislative intent that the issuance of Everglades
27    restoration bonds is in the best interest of the state.

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  2                       ADDITIONAL SPONSORS

  3  Harrell, Seiler, Bean, Kendrick, Flanagan, Garcia, Paul,
    Prieguez, Bense, Detert, Green, Bilirakis, Littlefield,
  4  Fasano, Russell, Mahon, Attkisson, Ritter, Bowen, Barreiro,
    Crow, Betancourt, Arza, Stansel, Berfield, Mealor, Ryan, Hart,
  5  Gottlieb, Rubio, Baxley, Joyner, Cusack, Machek,
    Bendross-Mindingall, Fiorentino, Gibson, Holloway, Brummer and
  6  Bullard

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