In an order that could impact the future of conservation land acquisition in Florida, the Florida Supreme Court agreed with Audubon’s argument in court that the South Florida Water Management District’s (SFWMD) efforts to purchase 73,000 acres of land from U.S. Sugar Corporation for Everglades restoration showed a benefit to the public.

The “public purpose test” must be passed to enable the issuing of bonds called certificates of participation. These types of bonds are commonly used to benefit schools and road improvements, but are not typically used for public land acquisition.

While the SFWMD ultimately decided not to utilize the certificates of participation and instead use cash to complete a smaller purchase of 26,800 acres, which closed in October, this decision is still important.  The Supreme Court’s recognition that this type of funding can be used to purchase land to store and clean up water for the Everglades could provide an opportunity for purchasing additional land from U.S. Sugar and also sets the stage for the use of certificates of participation to buy other land for restoration.  The Court also delineated an exception and did not validate $50 million to secure an option to buy more U.S. Sugar lands and restrict U.S. Sugar’s ability to sell their land because there were not yet specific restoration plans for this land.  This further clarifies how the certificates can be used.

“This decision is important because future land acquisition will be needed to truly restore the Everglades.  We joined the lawsuit to represent the public benefits of Everglades restoration, and we applaud the Supreme Court for recognizing the importance of conserving and protecting Florida’s water resources.” said Eric Draper, Executive Director of Audubon of Florida.