HB 197

1	A bill to be entitled
2	An act relating to Everglades restoration; amending s.
3	215.619, F.S.; providing for issuance of Everglades
4	restoration bonds to implement the Lake Okeechobee
5	Protection Plan; extending the period for issuance and
6	maturity of Everglades restoration bonds; authorizing an
7	increase in the amount of such bonds; providing for the
8	disposition of lands purchased with bond proceeds which
9	are later deemed not needed to implement the Lake
10	Okeechobee Protection Plan; amending s. 373.470, F.S.;
11	providing a definition; providing for deposit of certain
12	funds into the Save Our Everglades Trust Fund to finance
13	implementation of the Lake Okeechobee Protection Plan;
14	extending the period for depositing state funds into the
15	Save Our Everglades Trust Fund; increasing the amount
16	deposited into such trust fund; revising the fiscal year
17	in which local sponsors are required to equally match
18	funds distributed from the trust fund; amending s.
19	373.472, F.S.; authorizing use of the Save Our Everglades
20	Trust Fund to implement the Lake Okeechobee Protection
21	Plan; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsections (1) and (6) of section 215.619,
26	Florida Statutes, are amended to read:
27	215.619  Bonds for Everglades restoration.--
28	(1)  The issuance of Everglades restoration bonds to
29	finance or refinance the cost of acquisition and improvement of
30	land, water areas, and related property interests and resources
31	for the purpose of implementing the Comprehensive Everglades
32	Restoration Plan under s. 373.470 and the Lake Okeechobee
33	Protection Plan under s. 373.4595 is authorized in accordance
34	with s. 11(e), Art. VII of the State Constitution. Everglades
35	restoration bonds, except refunding bonds, may be issued only in
36	fiscal years 2002-2003 through 2009-2020 2009-2010 and may not
37	be issued in an amount exceeding $150 $100 million per fiscal
38	year unless the Department of Environmental Protection has
39	requested additional amounts in order to achieve cost savings or
40	accelerate the purchase of land. The duration of Everglades
41	restoration bonds may not exceed 20 annual maturities, and those
42	bonds must mature by December 31, 2040 2030. Except for
43	refunding bonds, a series of bonds may not be issued unless an
44	amount equal to the debt service coming due in the year of
45	issuance has been appropriated by the Legislature.
46	(6)  Lands purchased using bond proceeds under this section
47	paragraph which are later determined by the South Florida Water
48	Management District and the Department of Environmental
49	Protection as not needed to implement the comprehensive plan or
50	the protection plan, respectively, shall either be surplused at
51	no less than appraised value, and the proceeds from the sale of
52	such lands shall be deposited into the Save Our Everglades Trust
53	Fund to be used to implement the respective plans comprehensive
54	plan, or the South Florida Water Management District shall use a
55	different source of funds to pay for or reimburse the Save Our
56	Everglades Trust Fund for that portion of land not needed to
57	implement the comprehensive plan or the protection plan,
58	respectively.
59	Section 2.  Subsections (2) and (4), paragraph (a) of
60	subsection (5), and paragraph (a) of subsection (6) of section
61	373.470, Florida Statutes, are amended to read:
62	373.470  Everglades restoration.--
63	(2)  DEFINITIONS.--As used in this section, the term:
64	(a)  "Comprehensive plan" means the recommended
65	comprehensive plan contained within the "Final Integrated
66	Feasibility Report and Programmatic Environmental Impact
67	Statement, April 1999" and submitted to Congress on July 1,
68	1999.
69	(b)  "Corps" means the United States Army Corps of
70	Engineers.
71	(c)  "District" means the South Florida Water Management
72	District.
73	(d)  "Lake Okeechobee Protection Plan" means the plan
74	developed pursuant to s. 373.4595 and ss. 373.451-373.459.
75	(e)(d)  "Project" means the Central and Southern Florida
76	Project authorized under the heading "CENTRAL AND SOUTHERN
77	FLORIDA" in s. 203 of the Flood Control Act of 1948 (62 Stat.
78	1176), and any modification to the project authorized by law.
79	(f)(e)  "Project component" means any structural or
80	operational change, resulting from the comprehensive plan, to
81	the project as it existed and was operated as of January 1,
82	1999.
83	(g)(f)  "Project implementation report" means the project
84	implementation report as described in the "Final Integrated
85	Feasibility Report and Programmatic Environmental Impact
86	Statement, April 1999" and submitted to Congress on July 1,
87	1999.
88	(4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED FOR
89	DEPOSIT.--The following funds may be deposited into the Save Our
90	Everglades Trust Fund created by s. 373.472 to finance
91	implementation of the comprehensive plan and the Lake Okeechobee
92	Protection Plan:
93	(a)  In fiscal year 2000-2001, funds described in s.
94	259.101(3).
95	(a)(b)  Funds described in subsection (5).
96	(b)(c)  Federal funds appropriated by Congress for
97	implementation of the comprehensive plan or the Lake Okeechobee
98	Protection Plan.
99	(c)(d)  Any additional funds appropriated by the
100	Legislature for the purpose of implementing the comprehensive
101	plan or the protection plan.
102	(d)(e)  Gifts designated for implementation of the
103	comprehensive plan or the protection plan from individuals,
104	corporations, or other entities.
105	(e)(f)  Funds made available pursuant to s. 201.15 for debt
106	service for Everglades restoration bonds.
107	(5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--
108	(a)1.  For fiscal year 2000-2001, $50 million of state
109	funds shall be deposited into the Save Our Everglades Trust Fund
110	created by s. 373.472.
111	2.  For each year of the 13 9 consecutive years beginning
112	with fiscal year 2007-2008 2001-2002, $150 $75 million of state
113	funds shall be deposited into the Save Our Everglades Trust Fund
114	created by s. 373.472.
115	3.  As an alternative to subparagraph 2., proceeds of bonds
116	issued under s. 215.619 may be deposited into the Save Our
117	Everglades Trust Fund created under s. 373.472.  To enhance
118	flexibility, funds to be deposited into the Save Our Everglades
119	Trust Fund may consist of any combination of state funds and
120	Everglades restoration bonds.
121	(6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.--
122	(a)  Except for funds appropriated for debt service, the
123	department shall distribute funds in the Save Our Everglades
124	Trust Fund to the district in accordance with a legislative
125	appropriation and s. 373.026(8)(b) and (c). Distribution of
126	funds from the Save Our Everglades Trust Fund shall be equally
127	matched by the cumulative contributions from all local sponsors
128	by fiscal year 2019-2020 2009-2010 by providing funding or
129	credits toward project components. The dollar value of in-kind
130	work by local sponsors in furtherance of the comprehensive plan
131	and existing interest in public lands needed for a project
132	component are credits towards the local sponsors' contributions.
133	Section 3.  Subsection (1) of section 373.472, Florida
134	Statutes, is amended to read:
135	373.472  Save Our Everglades Trust Fund.--
136	(1)  There is created within the Department of
137	Environmental Protection the Save Our Everglades Trust Fund.
138	Funds in the trust fund shall be expended to implement the
139	comprehensive plan defined in s. 373.470(2)(a), implement the
140	Lake Okeechobee Protection Plan defined in s. 373.4595(2), and
141	pay debt service for Everglades restoration bonds issued
142	pursuant to s. 215.619. The trust fund shall serve as the
143	repository for state, local, and federal project contributions
144	in accordance with s. 373.470(4).
145	Section 4.  This act shall take effect July 1, 2007.

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