CS/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; requiring the
11Legislature to analyze the ratio of the state's debt to  
12projected revenues before authorizing issuance of certain
13bonds; amending s. 373.470, F.S.; defining the term "Keys
14Wastewater Plan"; authorizing funds deposited into the
15Save Our Everglades Trust Fund to be used to implement the
16Keys Wastewater Plan; amending s. 373.472, F.S.;
17authorizing the Department of Environmental Protection,
18subject to specific appropriation, to use moneys from the
19Save Our Everglades Trust Fund to fund projects identified
20in the Keys Wastewater Plan; deleting an obsolete
21provision terminating the Save Our Everglades Trust Fund;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (1) of section 215.619, Florida
27Statutes, is amended to read:
28     215.619  Bonds for Everglades restoration.--
29     (1)  The issuance of Everglades restoration bonds to
30finance or refinance the cost of acquisition and improvement of
31land, water areas, and related property interests and resources
32for the purpose of implementing the Comprehensive Everglades
33Restoration Plan under s. 373.470, the Lake Okeechobee Watershed
34Protection Plan under s. 373.4595, the Caloosahatchee River
35Watershed Protection Plan under s. 373.4595, and the St. Lucie
36River Watershed Protection Plan under s. 373.4595, and the
37Florida Keys Area of Critical State Concern protection program
38under ss. 380.05 and 380.0552 to restore and conserve natural
39systems through the implementation of water management projects,
40including wastewater management projects identified in the "Keys
41Wastewater Plan" dated November 2007 and submitted to the
42Florida House of Representatives on December 4, 2007, is
43authorized in accordance with s. 11(e), Art. VII of the State
44Constitution. Everglades restoration bonds, except refunding
45bonds, may be issued only in fiscal years 2002-2003 through
462019-2020 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
49requested additional amounts in order to achieve cost savings or
50accelerate the purchase of land; or
51     (b)  The Legislature authorizes an additional amount of
52bonds not to exceed $50 million per fiscal year, for no more
53than 4 fiscal years, specifically for the purpose of funding the
54Florida Keys Area of Critical State Concern protection program.
55
56The duration of Everglades restoration bonds may not exceed 20
57annual maturities, and those bonds must mature by December 31,
582040 2030. Except for refunding bonds, a series of bonds may not
59be issued unless an amount equal to the debt service coming due
60in the year of issuance has been appropriated by the
61Legislature. Beginning July 1, 2010, the Legislature shall
62analyze the ratio of the state's debt to projected revenues
63prior to the authorization to issue any bonds under this
64section.
65     Section 2.  Subsections (2), (4), and (6) of section
66373.470, 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
70the plan developed pursuant to s. 373.4595.
71     (b)  "Comprehensive plan" means the recommended
72comprehensive plan contained within the "Final Integrated
73Feasibility Report and Programmatic Environmental Impact
74Statement, April 1999" and submitted to Congress on July 1,
751999.
76     (c)  "Corps" means the United States Army Corps of
77Engineers.
78     (d)  "District" means the South Florida Water Management
79District.
80     (e)  "Keys Wastewater Plan" means the plan prepared by the
81Monroe County Engineering Division dated November 2007 and
82submitted to the Florida House of Representatives on December 4,
832007.
84     (f)(e)  "Lake Okeechobee Watershed Protection Plan" means
85the plan developed pursuant to ss. 375.4595 and 373.451-373.459.
86     (g)(f)  "Project" means the Central and Southern Florida
87Project authorized under the heading "CENTRAL AND SOUTHERN
88FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat.
891176), and any modification to the project authorized by law.
90     (h)(g)  "Project component" means any structural or
91operational change, resulting from the comprehensive plan, to
92the project as it existed and was operated as of January 1,
931999.
94     (i)(h)  "Project implementation report" means the project
95implementation report as described in the "Final Integrated
96Feasibility Report and Programmatic Environmental Impact
97Statement, April 1999" and submitted to Congress on July 1,
981999.
99     (j)(i)  "River Watershed Protection Plans" means the
100Caloosahatchee River Watershed Protection Plan and the St. Lucie
101River Watershed Protection Plan as defined in this subsection.
102     (k)(j)  "St. Lucie River Watershed Protection Plan" means
103the plan developed pursuant to s. 373.4595.
104     (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
105DEPOSIT.--The following funds may be deposited into the Save Our
106Everglades Trust Fund created by s. 373.472 to finance
107implementation of the comprehensive plan, the Lake Okeechobee
108Watershed Protection Plan, and the River Watershed Protection
109Plans, and the Keys Wastewater Plan:
110     (a)  Funds described in subsection (5).
111     (b)  Federal funds appropriated by Congress for
112implementation of the comprehensive plan, the Lake Okeechobee
113Watershed Protection Plan, or the River Watershed Protection
114Plans.
115     (c)  Any additional funds appropriated by the Legislature
116for the purpose of implementing the comprehensive plan, the Lake
117Okeechobee Watershed Protection Plan, or the River Watershed
118Protection Plans, or the Keys Wastewater Plan.
119     (d)  Gifts designated for implementation of the
120comprehensive plan, the Lake Okeechobee Watershed Protection
121Plan, or the River Watershed Protection Plans, or the Keys
122Wastewater Plan from individuals, corporations, or other
123entities.
124     (e)  Funds made available pursuant to s. 201.15 for debt
125service 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
128funds appropriated for debt service, the department shall
129distribute funds in the Save Our Everglades Trust Fund to the
130district in accordance with a legislative appropriation and s.
131373.026(8)(b) and (c). Distribution of funds to the district
132from the Save Our Everglades Trust Fund shall be equally matched
133by the cumulative contributions from the district by fiscal year
1342019-2020 by providing funding or credits toward project
135components. The dollar value of in-kind project design and
136construction work by the district in furtherance of the
137comprehensive plan and existing interest in public lands needed
138for a project component are credits towards the district's
139contributions.
140     (b)  The department shall distribute funds in the Save Our
141Everglades Trust Fund to the district in accordance with a
142legislative appropriation for debt service for Everglades
143restoration bonds.
144     (c)  To the extent that funds are available, the department
145may reserve a minimum of $10 million annually from the Save Our
146Everglades Trust Fund for the purpose of implementation of the
147River Watershed Protection Plans within the Northern Everglades
148as identified in s. 373.4595. Distribution of funds from the
149Save Our Everglades Trust Fund for the implementation of the
150River Watershed Protection Plans shall be in accordance with
151paragraph (a) and shall be equally matched by the district and
152Lee and Martin Counties by fiscal year 2019-2020 by providing
153funding or credits toward project components. The dollar value
154of in-kind project design and construction work by the district
155or the counties in furtherance of the River Watershed Protection
156Plans and existing interest in public lands needed for a project
157component are credits towards the district's and counties'
158contributions.
159     (d)  Subject to a specific appropriation to the Department
160of Agriculture and Consumer Services for the purpose of
161implementing agricultural nonpoint source controls as identified
162in s. 373.4595 or the legislatively ratified Lake Okeechobee
163Watershed Protection Plan and the River Watershed Protection
164Plans, and upon written request by the Department of Agriculture
165and Consumer Services for the transfer, the department shall
166transfer an amount equal to such specific appropriation from the
167Save Our Everglades Trust Fund to the Department of Agriculture
168and Consumer Services General Inspection Trust Fund. All
169interest earned on the investment of funds transferred from the
170Save Our Everglades Trust Fund to the General Inspection Trust
171Fund shall be credited to the Save Our Everglades Trust Fund by
172June 30 of each year.
173     (e)  Subject to specific appropriation, the department
174shall use moneys from the Save Our Everglades Trust Fund to fund
175projects identified in the Keys Wastewater Plan. The department
176may establish requirements, through grant agreements or other
177contractual arrangements, to ensure the timely construction of
178projects and expenditure of appropriated funds by the local
179governments in Monroe County, including, but not limited to,
180project implementation deadlines, local matching requirements,
181fair and competitive procurement requirements, and financial
182tracking requirements.
183     Section 3.  Subsections (1) and (4) of section 373.472,
184Florida Statutes, are amended to read:
185     373.472  Save Our Everglades Trust Fund.--
186     (1)  There is created within the Department of
187Environmental Protection the Save Our Everglades Trust Fund.
188Funds in the trust fund shall be expended to implement the
189comprehensive plan defined in s. 373.470(2)(b); 373.470(2)(a),
190the Lake Okeechobee Watershed Protection Plan defined in s.
191373.4595(2);, the Caloosahatchee River Watershed Protection Plan
192defined in s. 373.4595(2);, and the St. Lucie River Watershed
193Protection Plan defined in s. 373.4595(2); and the Florida Keys
194Area of Critical State Concern protection program under ss.
195380.05 and 380.0552 to restore and conserve natural systems
196through the implementation of water management projects,
197including wastewater management projects identified in the "Keys
198Wastewater Plan" dated November 2007 and submitted to the
199Florida House of Representatives on December 4, 2007;, and to
200pay debt service for Everglades restoration bonds issued
201pursuant to s. 215.619. The trust fund shall serve as the
202repository for state, local, and federal project contributions
203in accordance with s. 373.470(4).
204     (4)  Pursuant to the provisions of s. 19(f)(2), Art. III of
205the State Constitution, the Save Our Everglades Trust Fund
206shall, unless terminated sooner, terminate on July 1, 2004.
207Prior to its scheduled termination, the trust fund shall be
208reviewed as provided in s. 215.3206(1) and (2).
209     Section 4.  This act shall take effect July 1, 2008.


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