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The Florida Senate

2006 Florida Statutes

SECTION 1651
Ecosystem Management and Restoration Trust Fund.
Section 403.1651, Florida Statutes 2006

403.1651  Ecosystem Management and Restoration Trust Fund.--

(1)  There is created the Ecosystem Management and Restoration Trust Fund to be administered by the Department of Environmental Protection for the purposes of:

(a)  Funding the detailed planning for and implementation of programs for the management and restoration of ecosystems.

(b)  Funding the development and implementation of surface water improvement and management plans and programs under ss. 373.451-373.4595.

(c)  Funding activities to restore polluted areas of the state, as defined by the department, to their condition before pollution occurred or to otherwise enhance pollution control activities.

(d)  Funding activities to restore or rehabilitate injured or destroyed coral reefs.

(e)  Funding activities by the department to recover moneys as a result of actions against any person for a violation of chapter 373.

(2)  The trust fund shall be used for the deposit of all moneys recovered by the state:

(a)  As a result of actions against any person for a violation of chapter 373 or this chapter initiated by the department. No settlement entered into by the department shall limit the Legislature's authority to appropriate moneys from the trust fund; provided, however, that the department may enter into a settlement in which the department agrees to request that moneys received pursuant to the settlement will be included in its legislative budget request for purposes set out in the settlement; and provided further, that the department may enter into a settlement in cases involving joint enforcement with the Hillsborough County pollution control program, as a program approved by the department pursuant to s. 403.182, in which the department agrees that moneys are to be deposited into that local program's pollution recovery fund and used for projects directed toward addressing the environmental damage that was the cause of action for which funds were received and that are consistent with the purposes of the Ecosystem Management and Restoration Trust Fund.

(b)  For injury to or destruction of coral reefs, which moneys would otherwise be deposited into the General Revenue Fund or the Internal Improvement Trust Fund.

(c)  From other sources otherwise specified by law.

History.--s. 1, ch. 96-176; s. 2, ch. 98-117.