CS/HB 1135

1
A bill to be entitled
2An act relating to Everglades restoration bonds; amending
3s. 215.619, F.S.; authorizing the issuance of additional
4Everglades restoration bonds to implement the Florida Keys
5Area of Critical State Concern protection program;
6extending the period during which Everglades Restoration
7bonds may be issued; authorizing the issuance of an
8additional amount of bonds for a specified time period
9specifically to fund the Florida Keys Area of Critical
10State Concern protection program; amending s. 373.470,
11F.S.; defining the term "Keys Wastewater Plan";
12authorizing funds deposited into the Save Our Everglades
13Trust Fund to be used to implement the Keys Wastewater
14Plan; amending s. 373.472, F.S.; authorizing the
15Department of Environmental Protection, subject to
16specific appropriation, to use moneys from the Save Our
17Everglades Trust Fund to fund projects identified in the
18Keys Wastewater Plan; deleting an obsolete provision
19terminating the Save Our Everglades Trust Fund; providing
20an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (1) of section 215.619, Florida
25Statutes, is amended to read:
26     215.619  Bonds for Everglades restoration.--
27     (1)  The issuance of Everglades restoration bonds to
28finance or refinance the cost of acquisition and improvement of
29land, water areas, and related property interests and resources
30for the purpose of implementing the Comprehensive Everglades
31Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
32Protection Plan under s. 373.4595, the Caloosahatchee River
33Watershed Protection Plan under s. 373.4595, and the St. Lucie
34River Watershed Protection Plan under s. 373.4595, and the
35Florida Keys Area of Critical State Concern protection program
36under ss. 380.05 and 380.0552 to restore and conserve natural
37systems through the implementation of water management projects,
38including wastewater management projects identified in the "Keys
39Wastewater Plan" dated November 2007 and submitted to the
40Florida House of Representatives on December 4, 2007, is
41authorized in accordance with s. 11(e), Art. VII of the State
42Constitution. Everglades restoration bonds, except refunding
43bonds, may be issued only in fiscal years 2002-2003 through
442019-2020 2009-2010 and may not be issued in an amount exceeding
45$100 million per fiscal year unless:
46     (a)  The Department of Environmental Protection has
47requested additional amounts in order to achieve cost savings or
48accelerate the purchase of land; or
49     (b)  The Legislature authorizes an additional amount of
50bonds not to exceed $50 million per fiscal year, for no more
51than 4 fiscal years, specifically for the purpose of funding the
52Florida Keys Area of Critical State Concern protection program.
53
54The duration of Everglades restoration bonds may not exceed 20
55annual maturities, and those bonds must mature by December 31,
562040 2030. Except for refunding bonds, a series of bonds may not
57be issued unless an amount equal to the debt service coming due
58in the year of issuance has been appropriated by the
59Legislature.
60     Section 2.  Subsections (2), (4), and (6) of section
61373.470, Florida Statutes, are amended to read:
62     373.470  Everglades restoration.--
63     (2)  DEFINITIONS.--As used in this section, the term:
64     (a)  "Caloosahatchee River Watershed Protection Plan" means
65the plan developed pursuant to s. 373.4595.
66     (b)  "Comprehensive plan" means the recommended
67comprehensive plan contained within the "Final Integrated
68Feasibility Report and Programmatic Environmental Impact
69Statement, April 1999" and submitted to Congress on July 1,
701999.
71     (c)  "Corps" means the United States Army Corps of
72Engineers.
73     (d)  "District" means the South Florida Water Management
74District.
75     (e)  "Keys Wastewater Plan" means the plan prepared by the
76Monroe County Engineering Division dated November 2007 and
77submitted to the Florida House of Representatives on December 4,
782007.
79     (f)(e)  "Lake Okeechobee Watershed Protection Plan" means
80the plan developed pursuant to ss. 375.4595 and 373.451-373.459.
81     (g)(f)  "Project" means the Central and Southern Florida
82Project authorized under the heading "CENTRAL AND SOUTHERN
83FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat.
841176), and any modification to the project authorized by law.
85     (h)(g)  "Project component" means any structural or
86operational change, resulting from the comprehensive plan, to
87the project as it existed and was operated as of January 1,
881999.
89     (i)(h)  "Project implementation report" means the project
90implementation report as described in the "Final Integrated
91Feasibility Report and Programmatic Environmental Impact
92Statement, April 1999" and submitted to Congress on July 1,
931999.
94     (j)(i)  "River Watershed Protection Plans" means the
95Caloosahatchee River Watershed Protection Plan and the St. Lucie
96River Watershed Protection Plan as defined in this subsection.
97     (k)(j)  "St. Lucie River Watershed Protection Plan" means
98the plan developed pursuant to s. 373.4595.
99     (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
100DEPOSIT.--The following funds may be deposited into the Save Our
101Everglades Trust Fund created by s. 373.472 to finance
102implementation of the comprehensive plan, the Lake Okeechobee
103Watershed Protection Plan, and the River Watershed Protection
104Plans, and the Keys Wastewater Plan:
105     (a)  Funds described in subsection (5).
106     (b)  Federal funds appropriated by Congress for
107implementation of the comprehensive plan, the Lake Okeechobee
108Watershed Protection Plan, or the River Watershed Protection
109Plans.
110     (c)  Any additional funds appropriated by the Legislature
111for the purpose of implementing the comprehensive plan, the Lake
112Okeechobee Watershed Protection Plan, or the River Watershed
113Protection Plans, or the Keys Wastewater Plan.
114     (d)  Gifts designated for implementation of the
115comprehensive plan, the Lake Okeechobee Watershed Protection
116Plan, or the River Watershed Protection Plans, or the Keys
117Wastewater Plan from individuals, corporations, or other
118entities.
119     (e)  Funds made available pursuant to s. 201.15 for debt
120service for Everglades restoration bonds.
121     (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.--
122     (a)  Except as provided in paragraphs (d) and (e) and for
123funds appropriated for debt service, the department shall
124distribute funds in the Save Our Everglades Trust Fund to the
125district in accordance with a legislative appropriation and s.
126373.026(8)(b) and (c). Distribution of funds to the district
127from the Save Our Everglades Trust Fund shall be equally matched
128by the cumulative contributions from the district by fiscal year
1292019-2020 by providing funding or credits toward project
130components. The dollar value of in-kind project design and
131construction work by the district in furtherance of the
132comprehensive plan and existing interest in public lands needed
133for a project component are credits towards the district's
134contributions.
135     (b)  The department shall distribute funds in the Save Our
136Everglades Trust Fund to the district in accordance with a
137legislative appropriation for debt service for Everglades
138restoration bonds.
139     (c)  To the extent that funds are available, the department
140may reserve a minimum of $10 million annually from the Save Our
141Everglades Trust Fund for the purpose of implementation of the
142River Watershed Protection Plans within the Northern Everglades
143as identified in s. 373.4595. Distribution of funds from the
144Save Our Everglades Trust Fund for the implementation of the
145River Watershed Protection Plans shall be in accordance with
146paragraph (a) and shall be equally matched by the district and
147Lee and Martin Counties by fiscal year 2019-2020 by providing
148funding or credits toward project components. The dollar value
149of in-kind project design and construction work by the district
150or the counties in furtherance of the River Watershed Protection
151Plans and existing interest in public lands needed for a project
152component are credits towards the district's and counties'
153contributions.
154     (d)  Subject to a specific appropriation to the Department
155of Agriculture and Consumer Services for the purpose of
156implementing agricultural nonpoint source controls as identified
157in s. 373.4595 or the legislatively ratified Lake Okeechobee
158Watershed Protection Plan and the River Watershed Protection
159Plans, and upon written request by the Department of Agriculture
160and Consumer Services for the transfer, the department shall
161transfer an amount equal to such specific appropriation from the
162Save Our Everglades Trust Fund to the Department of Agriculture
163and Consumer Services General Inspection Trust Fund. All
164interest earned on the investment of funds transferred from the
165Save Our Everglades Trust Fund to the General Inspection Trust
166Fund shall be credited to the Save Our Everglades Trust Fund by
167June 30 of each year.
168     (e)  Subject to specific appropriation, the department
169shall use moneys from the Save Our Everglades Trust Fund to fund
170projects identified in the Keys Wastewater Plan. The department
171may establish requirements, through grant agreements or other
172contractual arrangements, to ensure the timely construction of
173projects and expenditure of appropriated funds by the local
174governments in Monroe County, including, but not limited to,
175project implementation deadlines, local matching requirements,
176fair and competitive procurement requirements, and financial
177tracking requirements.
178     Section 3.  Subsections (1) and (4) of section 373.472,
179Florida Statutes, are amended to read:
180     373.472  Save Our Everglades Trust Fund.--
181     (1)  There is created within the Department of
182Environmental Protection the Save Our Everglades Trust Fund.
183Funds in the trust fund shall be expended to implement the
184comprehensive plan defined in s. 373.470(2)(b); 373.470(2)(a),
185the Lake Okeechobee Watershed Protection Plan defined in s.
186373.4595(2);, the Caloosahatchee River Watershed Protection Plan
187defined in s. 373.4595(2);, and the St. Lucie River Watershed
188Protection Plan defined in s. 373.4595(2); and the Florida Keys
189Area of Critical State Concern protection program under ss.
190380.05 and 380.0552 to restore and conserve natural systems
191through the implementation of water management projects,
192including wastewater management projects identified in the "Keys
193Wastewater Plan" dated November 2007 and submitted to the
194Florida House of Representatives on December 4, 2007;, and to
195pay debt service for Everglades restoration bonds issued
196pursuant to s. 215.619. The trust fund shall serve as the
197repository for state, local, and federal project contributions
198in accordance with s. 373.470(4).
199     (4)  Pursuant to the provisions of s. 19(f)(2), Art. III of
200the State Constitution, the Save Our Everglades Trust Fund
201shall, unless terminated sooner, terminate on July 1, 2004.
202Prior to its scheduled termination, the trust fund shall be
203reviewed as provided in s. 215.3206(1) and (2).
204     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.