BRADENTON, Fla. - The Miccosukee Tribe of Indians in Florida has said that it will appeal last month's circuit court validation of $650 million of certificates of participation requested by the South Florida Water Management District to purchase land that will help restore the Everglades.
The appeal, which was expected, goes directly to the Florida Supreme Court.
The Miccosukee Tribe simply informed the court of its intent to appeal by filing a notice. The basis for the appeal has not been filed. The tribe was among several entities that objected to the validation largely over the belief that the debt would be used to bail out a struggling company rather than for a true public purpose.
The district plans to use COPs to purchase land owned by U.S. Sugar Corp., whose farming along with others has contributed to the pollution of the Everglades, which is also known as the River of Grass. The district sought to validate $2.1 billion of COPs, which would allow it to phase in purchasing the land and finance other projects in the future.
On Aug. 25, Palm Beach County District Judge Donald Hafel ruled that the district did have the lawful authority to sell the debt. However, he authorized the issuance of $650 million of COPs instead of $2.2 billion, which still allows the district to make an initial purchase of 72,500 acres for $536 million, with an option to purchase another 107,500 acres within 10 years.
"The court was clear in its determination that the district demonstrated a valid public purpose, and complied with Florida law, for its financing program for the historic River of Grass land acquisition," the district said in a statement. "We stand ready to present to the Florida Supreme Court our arguments that the trial court was correct in concluding that the district's financing program and water resource projects are in the public interest and benefit our health, safety and welfare."
