Florida Senate - 2011                              CS for SB 248
       
       
       
       By the Committee on Community Affairs; and Senator Gaetz
       
       
       
       
       578-00639A-11                                          2011248c1
    1                        A bill to be entitled                      
    2         An act relating to economic recovery from the
    3         Deepwater Horizon disaster; amending s. 14.2015, F.S.;
    4         defining the term “Disproportionally Affected County”;
    5         creating a process for the Office of Tourism, Trade,
    6         and Economic Development to waive any or all program
    7         requirements under certain circumstances when in the
    8         best interest of the public; creating s. 252.363,
    9         F.S.; tolling and extending the expiration dates of
   10         certain building permits or other authorizations
   11         following the declaration of a state of emergency by
   12         the Governor; providing exceptions; providing for the
   13         laws, administrative rules, and ordinances in effect
   14         when the permit was issued to apply to activities
   15         described in a permit or other authorization;
   16         providing an exception; amending s. 253.02, F.S.;
   17         requiring the Board of Trustees of the Internal
   18         Improvement Trust Fund to recommend to the Legislature
   19         whether existing multistate compacts for mutual aid
   20         should be modified or if a new multistate compact is
   21         necessary to address the Deepwater Horizon event or
   22         similar future incidents; requiring that the Board of
   23         Trustees of the Internal Improvement Trust Fund
   24         appoint members to the Commission on Oil Spill
   25         Response Coordination; providing for the designation
   26         of the chair of the commission by the Governor;
   27         requiring the commission to prepare a report for
   28         review and approval by the board of trustees;
   29         specifying the subject matter of the report; providing
   30         for future expiration; temporarily exempting the sale
   31         of commercial vessels, recreational vessels, and
   32         marine equipment sold by registered dealers in certain
   33         counties from the sales tax; authorizing the
   34         Department of Revenue to adopt emergency rules;
   35         providing an appropriation to the Department of
   36         Revenue to administer the sales tax exemptions;
   37         defining the term “Disproportionally Affected County”;
   38         providing an appropriation to the Office of Tourism,
   39         Trade, and Economic Development to contract with
   40         Florida’s Great Northwest, Inc., in order to develop
   41         and implement an economic development program for a
   42         Disproportionally Affected County; specifying a
   43         preference for a Disproportionally Affected County or
   44         municipalities within a Disproportionally Affected
   45         County which provide for expedited or combined
   46         permitting for certain purposes; providing for the
   47         appropriation to be placed in reserve by the Executive
   48         Office of the Governor for release as authorized by
   49         law or the Legislative Budget Commission; defining the
   50         term “Disproportionally Affected County”; providing
   51         for the deposit of funds received by entities involved
   52         in the Deepwater Horizon oil spill into applicable
   53         state trust funds; specifying permissible uses of such
   54         funds; designating the Department of Environmental
   55         Protection as the lead agency for expending funds for
   56         environmental restoration; designating the Office of
   57         Tourism, Trade, and Economic Development as the lead
   58         agency for funds designated for economic incentives
   59         and diversification efforts; authorizing the holder of
   60         a lease of sovereignty submerged lands to apply to the
   61         Department of Environmental Protection for the payment
   62         or the reimbursement of lease fees for the period of
   63         the state of emergency for the Deepwater Horizon oil
   64         spill; specifying conditions for eligibility;
   65         requiring an application to the Department of
   66         Environmental Protection; requiring the Chief
   67         Financial Officer to use the full extent of the law to
   68         recover payments from the responsible party or other
   69         independently administered claims process; providing a
   70         short title for certain sections of the act; providing
   71         an effective date.
   72  
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Subsection (11) is added to section 14.2015,
   76  Florida Statutes, to read:
   77         14.2015 Office of Tourism, Trade, and Economic Development;
   78  creation; powers and duties.—
   79         (11)(a) For purposes of this section, the term
   80  “Disproportionally Affected County” means Bay County, Escambia
   81  County, Franklin County, Gulf County, Okaloosa County, Santa
   82  Rosa County, or Walton County.
   83         (b) For a project submitted by a business seeking to
   84  relocate from another state to a Disproportionally Affected
   85  County between July 1, 2011, and June 30, 2014, the Office of
   86  Tourism, Trade, and Economic Development may, up to the
   87  cumulative amount of $5 million, waive any or all requirements
   88  of any program or programs specifically assigned to the Office
   89  of Tourism, Trade, and Economic Development by law, by the
   90  appropriations process, or by the Governor if the Office of
   91  Tourism, Trade, and Economic Development determines such waiver
   92  is in the best interest of the public. Prior to granting such
   93  waiver, the director of the Office of Tourism, Trade, and
   94  Economic Development shall file with the Governor a written
   95  statement of the conditions and circumstances constituting the
   96  reason for the waiver.
   97         (c) For a project submitted by a business seeking to
   98  relocate from another state to a Disproportionally Affected
   99  County between July 1, 2011, and June 30, 2014, the Office of
  100  Tourism, Trade, and Economic Development may, for cumulative
  101  amounts in excess of $5 million but less than $10 million, waive
  102  any or all requirements of any program or programs specifically
  103  assigned to the Office of Tourism, Trade, and Economic
  104  Development by law, by the appropriations process, or by the
  105  Governor if the Office of Tourism, Trade, and Economic
  106  Development determines such waiver is in the best interest of
  107  the public. Prior to granting such waiver, the Office of
  108  Tourism, Trade, and Economic Development shall file with the
  109  Governor, the President of the Senate, and the Speaker of the
  110  House of Representatives a written statement of the conditions
  111  and circumstances constituting the reason for the waiver, and
  112  requesting written concurrence within 5 business days to the
  113  Governor from the President of the Senate and the Speaker of the
  114  House of Representatives. Without such concurrence, the waiver
  115  shall not occur.
  116         (d) A project submitted by a business seeking to relocate
  117  from another state to a Disproportionally Affected County
  118  between July 1, 2011, and June 30, 2014, which receives a total
  119  of $10 million or more from any program or programs assigned to
  120  the Office of Tourism, Trade, and Economic Development by law,
  121  by the appropriations process, or by the Governor is not
  122  eligible for a waiver under this subsection.
  123         Section 2. Section 252.363, Florida Statutes, is created to
  124  read:
  125         252.363Tolling and extension of permits and other
  126  authorizations.—
  127         (1)(a) The declaration of a state of emergency by the
  128  Governor tolls the period remaining to exercise the rights under
  129  a permit or other authorization for the duration of the
  130  emergency declaration. Further, the emergency declaration
  131  extends the period remaining to exercise the rights under a
  132  permit or other authorization for 6 months in addition to the
  133  tolled period. This paragraph applies to the following:
  134         1. The expiration of a development order issued by a local
  135  government.
  136         2. The expiration of a building permit.
  137         3. The expiration of a permit issued by the Department of
  138  Environmental Protection or a water management district pursuant
  139  to part IV of chapter 373.
  140         4. The buildout date of a development of regional impact,
  141  including any extension of a buildout date that was previously
  142  granted pursuant to s. 380.06(19)(c).
  143         (b) Within 90 days after the termination of the emergency
  144  declaration, the holder of the permit or other authorization
  145  shall notify the issuing authority of the intent to exercise the
  146  tolling and extension granted under paragraph (a). The notice
  147  must be in writing and identify the specific permit or other
  148  authorization qualifying for extension.
  149         (c) If the permit or other authorization for a phased
  150  construction project is extended, the commencement and
  151  completion dates for any required mitigation are extended such
  152  that the mitigation activities occur in the same timeframe
  153  relative to the phase as originally permitted.
  154         (d) This subsection does not apply to:
  155         1. A permit or other authorization for a building,
  156  improvement, or development located outside the geographic area
  157  for which the declaration of a state of emergency applies.
  158         2. A permit or other authorization under any programmatic
  159  or regional general permit issued by the Army Corps of
  160  Engineers.
  161         3. The holder of a permit or other authorization who is
  162  determined by the authorizing agency to be in significant
  163  noncompliance with the conditions of the permit or other
  164  authorization through the issuance of a warning letter or notice
  165  of violation, the initiation of formal enforcement, or an
  166  equivalent action.
  167         4. A permit or other authorization that is subject to a
  168  court order specifying an expiration date or buildout date that
  169  would be in conflict with the extensions granted in this
  170  section.
  171         (2) A permit or other authorization that is extended shall
  172  be governed by the laws, administrative rules, and ordinances in
  173  effect when the permit was issued, unless any party or the
  174  issuing authority demonstrates that operating under those laws,
  175  administrative rules, or ordinances will create an immediate
  176  threat to the public health or safety.
  177         (3) This section does not restrict a county or municipality
  178  from requiring property to be maintained and secured in a safe
  179  and sanitary condition in compliance with applicable laws,
  180  administrative rules, or ordinances.
  181         Section 3. Subsection (6) is added to section 253.02,
  182  Florida Statutes, to read:
  183         253.02 Board of trustees; powers and duties.—
  184         (6) The board of trustees shall report to the Legislature
  185  its recommendations as to whether any existing multistate
  186  compact for mutual aid should be modified or whether the state
  187  should enter into a new multistate compact to address the
  188  impacts of the Deepwater Horizon event or potentially similar
  189  future incidents. The report shall be submitted to the
  190  Legislature by February 1, 2012, and updated annually thereafter
  191  for 5 years.
  192         Section 4. Commission on Oil Spill Response Coordination.—
  193         (1) The Board of Trustees of the Internal Improvement Trust
  194  Fund shall appoint a commission consisting of a representative
  195  of the office of each board member, a representative of each
  196  state agency that directly and materially responded to the
  197  Deepwater Horizon disaster, and the chair of the board of county
  198  commissioners of each of the following counties: Bay County,
  199  Escambia County, Franklin County, Gulf County, Okaloosa County,
  200  Santa Rosa County, and Walton County. The Governor shall select
  201  the chair of the commission from among the appointees.
  202         (2) The commission shall prepare a report for review and
  203  approval by the board of trustees which:
  204         (a) Identifies potential changes to state and federal law
  205  and regulations which will improve the oversight and monitoring
  206  of offshore drilling activities and increase response
  207  capabilities to offshore oil spills.
  208         (b) Identifies potential changes to state and federal law
  209  and regulations which will improve protections for public health
  210  and safety, occupational health and safety, and the environment
  211  and natural resources.
  212         (c) Evaluates the merits of the establishment of a federal
  213  Gulf-wide disaster relief fund.
  214         (d) Evaluates the need for a unified and uniform advocacy
  215  process for damage claims.
  216         (e) Evaluates the need for changes to interstate
  217  coordination agreements in order to reduce the potential for
  218  damage claims and lawsuits.
  219         (f) Addresses any other related issues as determined by the
  220  commission.
  221         (3) The board of trustees shall deliver the report to the
  222  Governor, the President of the Senate, the Speaker of the House
  223  of Representatives, the Secretary of Environmental Protection,
  224  and the director of the Office of Tourism, Trade, and Economic
  225  Development by September 1, 2012.
  226         (4) This section expires September 30, 2012.
  227         Section 5. (1) The tax levied under chapter 212, Florida
  228  Statutes, may not be collected on the sale of a recreational
  229  vessel, commercial vessel, or marine equipment from a registered
  230  dealer in Bay County, Escambia County, Franklin County, Gulf
  231  County, Okaloosa County, Santa Rosa County, or Walton County
  232  from 12:01 a.m., July 1, 2011, through midnight, September 30,
  233  2011.
  234         (2) As used in this section, the term:
  235         (a) “Commercial vessel” has the same meaning as defined in
  236  s. 327.02, Florida Statutes.
  237         (b) “Recreational vessel” has the same meaning as defined
  238  in s. 327.02, Florida Statutes.
  239         (c) “Marine equipment” means the following items designed
  240  to be used on boats: radios, global positioning systems, radar
  241  and sonar devices, antennae, personal flotation devices, bilge
  242  pumps, marine safety equipment, and anchors and anchoring
  243  accessories. The term “marine equipment” also includes boat
  244  engines and machine parts designed for boat engines and
  245  commercial fishing nets.
  246         (3) The Department of Revenue may adopt emergency rules
  247  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
  248  administer this section.
  249         Section 6. (1) For purposes of this section, the term
  250  “Disproportionally Affected County” means Bay County, Escambia
  251  County, Franklin County, Gulf County, Okaloosa County, Santa
  252  Rosa County, or Walton County.
  253         (2) There is appropriated for the 2011-2012 fiscal year the
  254  sum of $10 million in recurring funds from the General Revenue
  255  Fund to the Office of Tourism, Trade, and Economic Development.
  256  The Office of Tourism, Trade, and Economic Development shall use
  257  these funds to execute a $10 million contract with Florida’s
  258  Great Northwest, Inc., for the purpose of developing and
  259  implementing an innovative economic development program for
  260  promoting research and development, commercialization of
  261  research, economic diversification, and job creation in a
  262  Disproportionally Affected County.
  263         (3) The contract between the Office of Tourism, Trade, and
  264  Economic Development and Florida’s Great Northwest, Inc., shall,
  265  at a minimum, require Florida’s Great Northwest Inc., to report
  266  quarterly to the Office of Tourism, Trade, and Economic
  267  Development and to collaborate with educational entities,
  268  economic development organizations, local governments, and
  269  relevant state agencies to create a program framework and
  270  strategy, including specific criteria governing the expenditure
  271  of funds. The criteria for the expenditure of funds shall, at a
  272  minimum, require a funding preference for any Disproportionally
  273  Affected County and any municipality within a Disproportionally
  274  Affected County which provides for expedited permitting in order
  275  to promote research and development, commercialization of
  276  research, economic diversification, and job creation within
  277  their respective jurisdictions. The criteria for the expenditure
  278  of funds shall, at a minimum, also require a funding preference
  279  for any Disproportionally Affected County and any municipality
  280  within a Disproportionally Affected County which combines its
  281  permitting processes and expedites permitting in order to
  282  promote research and development, commercialization of research,
  283  economic diversification, and job creation within their
  284  respective jurisdictions.
  285         (4) None of the funds appropriated in this section may be
  286  used for administrative costs of Florida’s Great Northwest, Inc.
  287         (5) The funds appropriated in this section shall be placed
  288  in reserve by the Executive Office of the Governor, and may be
  289  released as authorized by law or the Legislative Budget
  290  Commission.
  291         Section 7. (1) For purposes of this section, the term
  292  “Disproportionally Affected County” means Bay County, Escambia
  293  County, Franklin County, Gulf County, Okaloosa County, Santa
  294  Rosa County, or Walton County.
  295         (2) Any funds received by the state from any governmental
  296  or private entity for damages caused by the Deepwater Horizon
  297  oil spill shall be deposited into the applicable state trust
  298  funds and expended pursuant to state law or as approved by the
  299  Legislative Budget Commission.
  300         (3) Seventy-five percent of such moneys may be used for:
  301         (a) Scientific research into the impact of the oil spill on
  302  fisheries and coastal wildlife and vegetation along any
  303  Disproportionally Affected County’s shoreline and the
  304  development of strategies to implement restoration measures
  305  suggested by such research;
  306         (b) Environmental restoration of coastal areas damaged by
  307  the oil spill in any Disproportionally Affected County;
  308         (c) Economic incentives directed to any Disproportionally
  309  Affected County; and
  310         (d) Initiatives to expand and diversify the economies of
  311  any Disproportionally Affected County.
  312         (4) The remaining 25 percent of such moneys may be used
  313  for:
  314         (a) Scientific research into the impact of the oil spill on
  315  fisheries and coastal wildlife and vegetation along any of the
  316  state’s shoreline that is not a Disproportionally Affected
  317  County’s shoreline, and the development of strategies to
  318  implement restoration measures suggested by such research;
  319         (b) Environmental restoration of coastal areas damaged by
  320  the oil spill in any county other than a Disproportionally
  321  Affected County;
  322         (c) Economic incentives directed to any county other than a
  323  Disproportionally Affected County; and
  324         (d) Initiatives to expand and diversify the economies of
  325  any county other than a Disproportionally Affected County.
  326         (5)(a) The Department of Environmental Protection is the
  327  lead agency for expending the funds designated for environmental
  328  restoration efforts.
  329         (b) The Office of Tourism, Trade, and Economic Development
  330  is the lead agency for expending the funds designated for
  331  economic incentives and diversification efforts.
  332         Section 8. (1)The holder of a lease of sovereignty
  333  submerged lands may apply to the Department of Environmental
  334  Protection for reimbursement of lease fees paid for the lease of
  335  sovereignty submerged lands or for the payment of those lease
  336  fees by the responsible party or any other independently
  337  administered claims process if the leaseholder:
  338         (a) Is in substantial compliance with the lease conditions,
  339  excluding lease payments due during a state of emergency
  340  declared by the Governor related to the Deepwater Horizon oil
  341  spill; and
  342         (b) Has received payment for an economic loss due to the
  343  Deepwater Horizon oil spill from the responsible party or other
  344  independently administered claims process which did not include
  345  reimbursement for lease fees paid or funds to pay the lease
  346  fees.
  347         (2) An application for reimbursement to the Department of
  348  Environmental Protection must include documentation of:
  349         (a)An economic loss due to the Deepwater Horizon oil spill
  350  which has impaired the leaseholder’s ability to pay lease fees.
  351  Such documentation may include a copy of a claim filed with the
  352  responsible party or any other independently administered claims
  353  process;
  354         (b)The filing of a claim for loss or injury with the
  355  responsible party, as defined in s. 376.031, Florida Statutes,
  356  or any other independently administered claims process;
  357         (c)The receipt of compensation, if any, from the
  358  responsible party or any other independently administered claims
  359  process which did not reimburse the leaseholder for lease fees
  360  paid to the credit of the Internal Improvement Trust Fund or did
  361  not include funds to pay the lease fees; and
  362         (d) The amount of the claim. The amount of the claim is
  363  limited to the pro rata amount of lease fees for the period of a
  364  state of emergency declared by the Governor related to the
  365  Deepwater Horizon oil spill for the county in which the lease
  366  was located.
  367         (3)Applications shall be submitted to the Department of
  368  Environmental Protection on forms provided by the department.
  369  Payments received from the responsible party or any other
  370  independently administered claims process shall be applied to
  371  the approved applications received by the Department of
  372  Environmental Protection during the corresponding fiscal year.
  373  Applications shall be processed by the Department of
  374  Environmental Protection until such time as all claims have been
  375  processed by the responsible party or any other independently
  376  administered claims process.
  377         (4)The Department of Environmental Protection shall post
  378  on its website a copy of the application and instructions for
  379  completing the application.
  380         (5)The Department of Environmental Protection shall submit
  381  the approved amount of claims for each fiscal year to the Chief
  382  Financial Officer in order to request payment of the approved
  383  amount from the responsible party or any other independently
  384  administered claims process. The Chief Financial Officer shall
  385  use the full extent of the law to recover payments sufficient to
  386  cover the amount needed to credit or reimburse lease fees for
  387  applications approved each fiscal year.
  388         (6)Upon receipt of payment from the responsible party or
  389  any other independently administered claims process, the Chief
  390  Financial Officer shall deposit the payment into the Internal
  391  Improvement Trust Fund. Upon the deposit of the funds, the
  392  Department of Environmental Protection shall:
  393         (a)Reimburse the applicant for any lease fees paid for the
  394  applicable time period in an amount not to exceed the payment
  395  from the responsible party or any other independently
  396  administered claims process for that applicant; or
  397         (b)Credit to the applicant’s lease fees due for the
  398  applicable time period an amount not to exceed the payment from
  399  the responsible party or any other independently administered
  400  claims process for that applicant.
  401         (7)If the amount deposited into the Internal Improvement
  402  Trust Fund in any fiscal year is insufficient to fully reimburse
  403  or credit all approved applications, the department shall issue
  404  reimbursements or credits on a pro rata basis.
  405         (8) For purposes of this section, the term “lease fees”
  406  includes any associated sales or use tax under chapter 212,
  407  Florida Statutes.
  408         (9) The Department of Environmental Protection shall report
  409  to the Legislature on the implementation of this section by
  410  February 15 each year until 2014.
  411         Section 9. Sections 1, 5, 6, and 7 of this act may be cited
  412  as the “Oil Spill Recovery Act.”
  413         Section 10. This act shall take effect upon becoming a law.