Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for SB 1552
827118
Senate
Floor: 1/AD/2R
4/29/2008 3:44 PM
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House
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Senator Saunders moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Subsection (1) of section 215.619, Florida
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Statutes, is amended to read:
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215.619 Bonds for Everglades restoration.--
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(1) The issuance of Everglades restoration bonds to finance
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or refinance the cost of acquisition and improvement of land,
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water areas, and related property interests and resources for the
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purpose of implementing the Comprehensive Everglades Restoration
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Plan under s. 373.470, the Lake Okeechobee Watershed Protection
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Plan under s. 373.4595, the Caloosahatchee River Watershed
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Protection Plan under s. 373.4595, and the St. Lucie River
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Watershed Protection Plan under s. 373.4595, and the Florida Keys
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Area of Critical State Concern protection program under ss.
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380.05 and 380.0552 to restore and conserve natural systems
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through the implementation of water management projects,
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including wastewater management projects identified in the "Keys
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Wastewater Plan" dated November 2007 and submitted to the Florida
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House of Representatives on December 4, 2007, is authorized in
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accordance with s. 11(e), Art. VII of the State Constitution.
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Everglades restoration bonds, except refunding bonds, may be
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issued only in fiscal years 2002-2003 through 2019-2020 2009-2010
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and may not be issued in an amount exceeding $100 million per
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fiscal year unless:
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(a) The Department of Environmental Protection has
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requested additional amounts in order to achieve cost savings or
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accelerate the purchase of land; or
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(b) The Legislature authorizes an additional amount of
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bonds not to exceed $50 million per fiscal year, for no more than
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4 fiscal years, specifically for the purpose of funding the
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Florida Keys Area of Critical State Concern protection program.
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The duration of Everglades restoration bonds may not exceed 20
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annual maturities, and those bonds must mature by December 31,
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2040 2030. Except for refunding bonds, a series of bonds may not
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be issued unless an amount equal to the debt service coming due
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in the year of issuance has been appropriated by the Legislature.
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Beginning July 1, 2010, the Legislature shall analyze the ratio
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of the state's debt to projected revenues prior to the
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authorization to issue any bonds under this section.
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Section 2. Subsections (2), (4), and (6) of section
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373.470, Florida Statutes, are amended to read:
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373.470 Everglades restoration.--
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(2) DEFINITIONS.--As used in this section, the term:
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(a) "Caloosahatchee River Watershed Protection Plan" means
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the plan developed pursuant to s. 373.4595.
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(b) "Comprehensive plan" means the recommended
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comprehensive plan contained within the "Final Integrated
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Feasibility Report and Programmatic Environmental Impact
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Statement, April 1999" and submitted to Congress on July 1, 1999.
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(c) "Corps" means the United States Army Corps of
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Engineers.
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(d) "District" means the South Florida Water Management
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District.
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(e) "Keys Wastewater Plan" means the plan prepared by the
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Monroe County Engineering Division dated November 2007 and
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submitted to the Florida House of Representatives on December 4,
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2007.
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(f)(e) "Lake Okeechobee Watershed Protection Plan" means
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the plan developed pursuant to ss. 375.4595 and 373.451-373.459.
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(g)(f) "Project" means the Central and Southern Florida
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Project authorized under the heading "CENTRAL AND SOUTHERN
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FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat.
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1176), and any modification to the project authorized by law.
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(h)(g) "Project component" means any structural or
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operational change, resulting from the comprehensive plan, to the
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project as it existed and was operated as of January 1, 1999.
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(i)(h) "Project implementation report" means the project
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implementation report as described in the "Final Integrated
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Feasibility Report and Programmatic Environmental Impact
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Statement, April 1999" and submitted to Congress on July 1, 1999.
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(j)(i) "River Watershed Protection Plans" means the
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Caloosahatchee River Watershed Protection Plan and the St. Lucie
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River Watershed Protection Plan as defined in this subsection.
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(k)(j) "St. Lucie River Watershed Protection Plan" means
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the plan developed pursuant to s. 373.4595.
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(4) SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
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DEPOSIT.--The following funds may be deposited into the Save Our
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Everglades Trust Fund created by s. 373.472 to finance
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implementation of the comprehensive plan, the Lake Okeechobee
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Watershed Protection Plan, and the River Watershed Protection
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Plans, and the Keys Wastewater Plan:
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(a) Funds described in subsection (5).
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(b) Federal funds appropriated by Congress for
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implementation of the comprehensive plan, the Lake Okeechobee
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Watershed Protection Plan, or the River Watershed Protection
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Plans.
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(c) Any additional funds appropriated by the Legislature
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for the purpose of implementing the comprehensive plan, the Lake
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Okeechobee Watershed Protection Plan, or the River Watershed
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Protection Plans, or the Keys Wastewater Plan.
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(d) Gifts designated for implementation of the
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comprehensive plan, the Lake Okeechobee Watershed Protection
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Plan, or the River Watershed Protection Plans, or the Keys
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Wastewater Plan from individuals, corporations, or other
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entities.
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(e) Funds made available pursuant to s. 201.15 for debt
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service for Everglades restoration bonds.
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(6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.--
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(a) Except as provided in paragraphs (d) and (e) and for
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funds appropriated for debt service, the department shall
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distribute funds in the Save Our Everglades Trust Fund to the
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district in accordance with a legislative appropriation and s.
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373.026(8)(b) and (c). Distribution of funds to the district from
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the Save Our Everglades Trust Fund shall be equally matched by
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the cumulative contributions from the district by fiscal year
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2019-2020 by providing funding or credits toward project
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components. The dollar value of in-kind project design and
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construction work by the district in furtherance of the
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comprehensive plan and existing interest in public lands needed
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for a project component are credits towards the district's
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contributions.
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(b) The department shall distribute funds in the Save Our
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Everglades Trust Fund to the district in accordance with a
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legislative appropriation for debt service for Everglades
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restoration bonds.
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(c) To the extent that funds are available, the department
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may reserve a minimum of $10 million annually from the Save Our
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Everglades Trust Fund for the purpose of implementation of the
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River Watershed Protection Plans within the Northern Everglades
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as identified in s. 373.4595. Distribution of funds from the Save
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Our Everglades Trust Fund for the implementation of the River
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Watershed Protection Plans shall be in accordance with paragraph
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(a) and shall be equally matched by the district and Lee and
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Martin Counties by fiscal year 2019-2020 by providing funding or
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credits toward project components. The dollar value of in-kind
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project design and construction work by the district or the
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counties in furtherance of the River Watershed Protection Plans
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and existing interest in public lands needed for a project
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component are credits towards the district's and counties'
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contributions.
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(d) Subject to a specific appropriation to the Department
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of Agriculture and Consumer Services for the purpose of
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implementing agricultural nonpoint source controls as identified
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in s. 373.4595 or the legislatively ratified Lake Okeechobee
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Watershed Protection Plan and the River Watershed Protection
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Plans, and upon written request by the Department of Agriculture
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and Consumer Services for the transfer, the department shall
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transfer an amount equal to such specific appropriation from the
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Save Our Everglades Trust Fund to the Department of Agriculture
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and Consumer Services General Inspection Trust Fund. All interest
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earned on the investment of funds transferred from the Save Our
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Everglades Trust Fund to the General Inspection Trust Fund shall
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be credited to the Save Our Everglades Trust Fund by June 30 of
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each year.
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(e) Subject to specific appropriation, the department shall
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use moneys from the Save Our Everglades Trust Fund to fund
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projects identified in the Keys Wastewater Plan. The department
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may establish requirements, through grant agreements or other
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contractual arrangements, to ensure the timely construction of
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projects and expenditure of appropriated funds by the local
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governments in Monroe County, including, but not limited to,
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project implementation deadlines, local matching requirements,
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fair and competitive procurement requirements, and financial
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tracking requirements.
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Section 3. Subsections (1) and (4) of section 373.472,
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Florida Statutes, are amended to read:
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373.472 Save Our Everglades Trust Fund.--
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(1) There is created within the Department of Environmental
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Protection the Save Our Everglades Trust Fund. Funds in the trust
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fund shall be expended to implement the comprehensive plan
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defined in s. 373.470(2)(b); 373.470(2)(a), the Lake Okeechobee
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Watershed Protection Plan defined in s. 373.4595(2);, the
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Caloosahatchee River Watershed Protection Plan defined in s.
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373.4595(2);, and the St. Lucie River Watershed Protection Plan
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defined in s. 373.4595(2); and the Florida Keys Area of Critical
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State Concern protection program under ss. 380.05 and 380.0552 to
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restore and conserve natural systems through the implementation
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of water management projects, including wastewater management
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projects identified in the "Keys Wastewater Plan" dated November
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2007 and submitted to the Florida House of Representatives on
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December 4, 2007;, and to pay debt service for Everglades
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restoration bonds issued pursuant to s. 215.619. The trust fund
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shall serve as the repository for state, local, and federal
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project contributions in accordance with s. 373.470(4).
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(4) Pursuant to the provisions of s. 19(f)(2), Art. III of
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the State Constitution, the Save Our Everglades Trust Fund shall,
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unless terminated sooner, terminate on July 1, 2004. Prior to its
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scheduled termination, the trust fund shall be reviewed as
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provided in s. 215.3206(1) and (2).
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Section 4. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to Everglades restoration bonds; amending
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s. 215.619, F.S.; authorizing the issuance of additional
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Everglades restoration bonds to implement the Florida Keys
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Area of Critical State Concern protection program;
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extending the period during which Everglades Restoration
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bonds may be issued; authorizing the issuance of an
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additional amount of bonds for a specified time period
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specifically to fund the Florida Keys Area of Critical
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State Concern protection program; requiring the
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Legislature to analyze the ratio of the state's debt to
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projected revenues before authorizing issuance of certain
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bonds; amending s. 373.470, F.S.; defining the term "Keys
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Wastewater Plan"; authorizing funds deposited into the
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Save Our Everglades Trust Fund to be used to implement the
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Keys Wastewater Plan; amending s. 373.472, F.S.;
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authorizing the Department of Environmental Protection,
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subject to specific appropriation, to use moneys from the
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Save Our Everglades Trust Fund to fund projects identified
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in the Keys Wastewater Plan; deleting an obsolete
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provision terminating the Save Our Everglades Trust Fund;
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providing an effective date.
4/28/2008 7:15:00 PM EP.37.08917
CODING: Words stricken are deletions; words underlined are additions.