| 1 | A bill to be entitled |
| 2 | An act relating to Everglades restoration bonds; amending |
| 3 | s. 215.619, F.S.; authorizing the issuance of additional |
| 4 | Everglades restoration bonds to implement the Florida Keys |
| 5 | Area of Critical State Concern protection program; |
| 6 | extending the period during which Everglades Restoration |
| 7 | bonds may be issued; authorizing the issuance of an |
| 8 | additional amount of bonds for a specified time period |
| 9 | specifically to fund the Florida Keys Area of Critical |
| 10 | State Concern protection program; requiring the |
| 11 | Legislature to analyze the ratio of the state's debt to |
| 12 | projected revenues before authorizing issuance of certain |
| 13 | bonds; amending s. 373.470, F.S.; defining the term "Keys |
| 14 | Wastewater Plan"; authorizing funds deposited into the |
| 15 | Save Our Everglades Trust Fund to be used to implement the |
| 16 | Keys Wastewater Plan; amending s. 373.472, F.S.; |
| 17 | authorizing the Department of Environmental Protection, |
| 18 | subject to specific appropriation, to use moneys from the |
| 19 | Save Our Everglades Trust Fund to fund projects identified |
| 20 | in the Keys Wastewater Plan; deleting an obsolete |
| 21 | provision terminating the Save Our Everglades Trust Fund; |
| 22 | providing an effective date. |
| 23 |
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| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
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| 26 | Section 1. Subsection (1) of section 215.619, Florida |
| 27 | Statutes, is amended to read: |
| 28 | 215.619 Bonds for Everglades restoration.-- |
| 29 | (1) The issuance of Everglades restoration bonds to |
| 30 | finance or refinance the cost of acquisition and improvement of |
| 31 | land, water areas, and related property interests and resources |
| 32 | for the purpose of implementing the Comprehensive Everglades |
| 33 | Restoration Plan under s. 373.470, the Lake Okeechobee Watershed |
| 34 | Protection Plan under s. 373.4595, the Caloosahatchee River |
| 35 | Watershed Protection Plan under s. 373.4595, and the St. Lucie |
| 36 | River Watershed Protection Plan under s. 373.4595, and the |
| 37 | Florida Keys Area of Critical State Concern protection program |
| 38 | under ss. 380.05 and 380.0552 to restore and conserve natural |
| 39 | systems through the implementation of water management projects, |
| 40 | including wastewater management projects identified in the "Keys |
| 41 | Wastewater Plan" dated November 2007 and submitted to the |
| 42 | Florida House of Representatives on December 4, 2007, is |
| 43 | authorized in accordance with s. 11(e), Art. VII of the State |
| 44 | Constitution. Everglades restoration bonds, except refunding |
| 45 | bonds, may be issued only in fiscal years 2002-2003 through |
| 46 | 2019-2020 2009-2010 and may not be issued in an amount exceeding |
| 47 | $100 million per fiscal year unless: |
| 48 | (a) The Department of Environmental Protection has |
| 49 | requested additional amounts in order to achieve cost savings or |
| 50 | accelerate the purchase of land; or |
| 51 | (b) The Legislature authorizes an additional amount of |
| 52 | bonds not to exceed $50 million per fiscal year, for no more |
| 53 | than 4 fiscal years, specifically for the purpose of funding the |
| 54 | Florida Keys Area of Critical State Concern protection program. |
| 55 |
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| 56 | The duration of Everglades restoration bonds may not exceed 20 |
| 57 | annual maturities, and those bonds must mature by December 31, |
| 58 | 2040 2030. Except for refunding bonds, a series of bonds may not |
| 59 | be issued unless an amount equal to the debt service coming due |
| 60 | in the year of issuance has been appropriated by the |
| 61 | Legislature. Beginning July 1, 2010, the Legislature shall |
| 62 | analyze the ratio of the state's debt to projected revenues |
| 63 | prior to the authorization to issue any bonds under this |
| 64 | section. |
| 65 | Section 2. Subsections (2), (4), and (6) of section |
| 66 | 373.470, Florida Statutes, are amended to read: |
| 67 | 373.470 Everglades restoration.-- |
| 68 | (2) DEFINITIONS.--As used in this section, the term: |
| 69 | (a) "Caloosahatchee River Watershed Protection Plan" means |
| 70 | the plan developed pursuant to s. 373.4595. |
| 71 | (b) "Comprehensive plan" means the recommended |
| 72 | comprehensive plan contained within the "Final Integrated |
| 73 | Feasibility Report and Programmatic Environmental Impact |
| 74 | Statement, April 1999" and submitted to Congress on July 1, |
| 75 | 1999. |
| 76 | (c) "Corps" means the United States Army Corps of |
| 77 | Engineers. |
| 78 | (d) "District" means the South Florida Water Management |
| 79 | District. |
| 80 | (e) "Keys Wastewater Plan" means the plan prepared by the |
| 81 | Monroe County Engineering Division dated November 2007 and |
| 82 | submitted to the Florida House of Representatives on December 4, |
| 83 | 2007. |
| 84 | (f)(e) "Lake Okeechobee Watershed Protection Plan" means |
| 85 | the plan developed pursuant to ss. 375.4595 and 373.451-373.459. |
| 86 | (g)(f) "Project" means the Central and Southern Florida |
| 87 | Project authorized under the heading "CENTRAL AND SOUTHERN |
| 88 | FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat. |
| 89 | 1176), and any modification to the project authorized by law. |
| 90 | (h)(g) "Project component" means any structural or |
| 91 | operational change, resulting from the comprehensive plan, to |
| 92 | the project as it existed and was operated as of January 1, |
| 93 | 1999. |
| 94 | (i)(h) "Project implementation report" means the project |
| 95 | implementation report as described in the "Final Integrated |
| 96 | Feasibility Report and Programmatic Environmental Impact |
| 97 | Statement, April 1999" and submitted to Congress on July 1, |
| 98 | 1999. |
| 99 | (j)(i) "River Watershed Protection Plans" means the |
| 100 | Caloosahatchee River Watershed Protection Plan and the St. Lucie |
| 101 | River Watershed Protection Plan as defined in this subsection. |
| 102 | (k)(j) "St. Lucie River Watershed Protection Plan" means |
| 103 | the plan developed pursuant to s. 373.4595. |
| 104 | (4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR |
| 105 | DEPOSIT.--The following funds may be deposited into the Save Our |
| 106 | Everglades Trust Fund created by s. 373.472 to finance |
| 107 | implementation of the comprehensive plan, the Lake Okeechobee |
| 108 | Watershed Protection Plan, and the River Watershed Protection |
| 109 | Plans, and the Keys Wastewater Plan: |
| 110 | (a) Funds described in subsection (5). |
| 111 | (b) Federal funds appropriated by Congress for |
| 112 | implementation of the comprehensive plan, the Lake Okeechobee |
| 113 | Watershed Protection Plan, or the River Watershed Protection |
| 114 | Plans. |
| 115 | (c) Any additional funds appropriated by the Legislature |
| 116 | for the purpose of implementing the comprehensive plan, the Lake |
| 117 | Okeechobee Watershed Protection Plan, or the River Watershed |
| 118 | Protection Plans, or the Keys Wastewater Plan. |
| 119 | (d) Gifts designated for implementation of the |
| 120 | comprehensive plan, the Lake Okeechobee Watershed Protection |
| 121 | Plan, or the River Watershed Protection Plans, or the Keys |
| 122 | Wastewater Plan from individuals, corporations, or other |
| 123 | entities. |
| 124 | (e) Funds made available pursuant to s. 201.15 for debt |
| 125 | service for Everglades restoration bonds. |
| 126 | (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.-- |
| 127 | (a) Except as provided in paragraphs (d) and (e) and for |
| 128 | funds appropriated for debt service, the department shall |
| 129 | distribute funds in the Save Our Everglades Trust Fund to the |
| 130 | district in accordance with a legislative appropriation and s. |
| 131 | 373.026(8)(b) and (c). Distribution of funds to the district |
| 132 | from the Save Our Everglades Trust Fund shall be equally matched |
| 133 | by the cumulative contributions from the district by fiscal year |
| 134 | 2019-2020 by providing funding or credits toward project |
| 135 | components. The dollar value of in-kind project design and |
| 136 | construction work by the district in furtherance of the |
| 137 | comprehensive plan and existing interest in public lands needed |
| 138 | for a project component are credits towards the district's |
| 139 | contributions. |
| 140 | (b) The department shall distribute funds in the Save Our |
| 141 | Everglades Trust Fund to the district in accordance with a |
| 142 | legislative appropriation for debt service for Everglades |
| 143 | restoration bonds. |
| 144 | (c) To the extent that funds are available, the department |
| 145 | may reserve a minimum of $10 million annually from the Save Our |
| 146 | Everglades Trust Fund for the purpose of implementation of the |
| 147 | River Watershed Protection Plans within the Northern Everglades |
| 148 | as identified in s. 373.4595. Distribution of funds from the |
| 149 | Save Our Everglades Trust Fund for the implementation of the |
| 150 | River Watershed Protection Plans shall be in accordance with |
| 151 | paragraph (a) and shall be equally matched by the district and |
| 152 | Lee and Martin Counties by fiscal year 2019-2020 by providing |
| 153 | funding or credits toward project components. The dollar value |
| 154 | of in-kind project design and construction work by the district |
| 155 | or the counties in furtherance of the River Watershed Protection |
| 156 | Plans and existing interest in public lands needed for a project |
| 157 | component are credits towards the district's and counties' |
| 158 | contributions. |
| 159 | (d) Subject to a specific appropriation to the Department |
| 160 | of Agriculture and Consumer Services for the purpose of |
| 161 | implementing agricultural nonpoint source controls as identified |
| 162 | in s. 373.4595 or the legislatively ratified Lake Okeechobee |
| 163 | Watershed Protection Plan and the River Watershed Protection |
| 164 | Plans, and upon written request by the Department of Agriculture |
| 165 | and Consumer Services for the transfer, the department shall |
| 166 | transfer an amount equal to such specific appropriation from the |
| 167 | Save Our Everglades Trust Fund to the Department of Agriculture |
| 168 | and Consumer Services General Inspection Trust Fund. All |
| 169 | interest earned on the investment of funds transferred from the |
| 170 | Save Our Everglades Trust Fund to the General Inspection Trust |
| 171 | Fund shall be credited to the Save Our Everglades Trust Fund by |
| 172 | June 30 of each year. |
| 173 | (e) Subject to specific appropriation, the department |
| 174 | shall use moneys from the Save Our Everglades Trust Fund to fund |
| 175 | projects identified in the Keys Wastewater Plan. The department |
| 176 | may establish requirements, through grant agreements or other |
| 177 | contractual arrangements, to ensure the timely construction of |
| 178 | projects and expenditure of appropriated funds by the local |
| 179 | governments in Monroe County, including, but not limited to, |
| 180 | project implementation deadlines, local matching requirements, |
| 181 | fair and competitive procurement requirements, and financial |
| 182 | tracking requirements. |
| 183 | Section 3. Subsections (1) and (4) of section 373.472, |
| 184 | Florida Statutes, are amended to read: |
| 185 | 373.472 Save Our Everglades Trust Fund.-- |
| 186 | (1) There is created within the Department of |
| 187 | Environmental Protection the Save Our Everglades Trust Fund. |
| 188 | Funds in the trust fund shall be expended to implement the |
| 189 | comprehensive plan defined in s. 373.470(2)(b); 373.470(2)(a), |
| 190 | the Lake Okeechobee Watershed Protection Plan defined in s. |
| 191 | 373.4595(2);, the Caloosahatchee River Watershed Protection Plan |
| 192 | defined in s. 373.4595(2);, and the St. Lucie River Watershed |
| 193 | Protection Plan defined in s. 373.4595(2); and the Florida Keys |
| 194 | Area of Critical State Concern protection program under ss. |
| 195 | 380.05 and 380.0552 to restore and conserve natural systems |
| 196 | through the implementation of water management projects, |
| 197 | including wastewater management projects identified in the "Keys |
| 198 | Wastewater Plan" dated November 2007 and submitted to the |
| 199 | Florida House of Representatives on December 4, 2007;, and to |
| 200 | pay debt service for Everglades restoration bonds issued |
| 201 | pursuant to s. 215.619. The trust fund shall serve as the |
| 202 | repository for state, local, and federal project contributions |
| 203 | in accordance with s. 373.470(4). |
| 204 | (4) Pursuant to the provisions of s. 19(f)(2), Art. III of |
| 205 | the State Constitution, the Save Our Everglades Trust Fund |
| 206 | shall, unless terminated sooner, terminate on July 1, 2004. |
| 207 | Prior to its scheduled termination, the trust fund shall be |
| 208 | reviewed as provided in s. 215.3206(1) and (2). |
| 209 | Section 4. This act shall take effect July 1, 2008. |