Senate Bill 2194

    Florida Senate - 1998                                  SB 2194

    By Senator Clary





    7-1054-98

  1                      A bill to be entitled

  2         An act relating to the Ecosystem Management and

  3         Restoration Trust Fund; amending s. 403.1651,

  4         F.S.; directing the Department of Environmental

  5         Protection to establish a pilot program for the

  6         disposition of civil penalties; requiring

  7         reports; providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (a) of subsection (2) of section

12  403.1651, Florida Statutes, is amended to read:

13         403.1651  Ecosystem Management and Restoration Trust

14  Fund.--

15         (2)  The trust fund shall be used for the deposit of

16  all moneys recovered by the state:

17         (a)  As a result of actions against any person for a

18  violation of chapter 373 or this chapter initiated by the

19  department.  No settlement entered into by the department

20  shall limit the Legislature's authority to appropriate moneys

21  from the trust fund; provided, however, that the department

22  may enter into a settlement in which the department agrees to

23  request that moneys received pursuant to the settlement will

24  be included in its legislative budget request for purposes set

25  out in the settlement. However, the department shall establish

26  a pilot program for fiscal year 1998-1999 and fiscal year

27  1999-2000 in which the department may enter into settlement

28  agreements that require responsible parties to pay civil

29  penalties directly to another government entity or nonprofit

30  organization to fund projects that are consistent with the

31  purposes of the Ecosystem Management and Restoration Trust

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






    Florida Senate - 1998                                  SB 2194
    7-1054-98




  1  Fund. The amount paid directly to all government entities or

  2  nonprofit organizations during fiscal year 1998-1999 and

  3  fiscal year 1999-2000 may not cumulatively exceed $50,000 per

  4  annum. The department shall prepare a report on the efficacy

  5  of the pilot program to be presented to the Governor, the

  6  President of the Senate, and the Speaker of the House of

  7  Representatives by June 30, 1999, and June 30, 2000.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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12                          SENATE SUMMARY

13    Requires the Department of Environmental Protection to
      establish a pilot program to have civil penalties paid
14    directly to government entities and nonprofit
      organizations to fund projects that are consistent with
15    the purposes of the Ecosystem Management and Restoration
      Trust Fund.
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