House Bill 1353er

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    ENROLLED

    1999 Legislature                      HB 1353, First Engrossed



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  2         An act relating to the re-creation of the

  3         Sewage Treatment Revolving Loan Fund without

  4         modification; re-creating and renaming the

  5         fund; carrying forward current balances and

  6         continuing current sources and uses thereof;

  7         amending ss. 403.1835, 403.1836, F.S., to

  8         conform; providing an effective date.

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10         WHEREAS, the Legislature wishes to extend the life of

11  the Sewage Treatment Revolving Loan Fund, which is otherwise

12  scheduled to be terminated pursuant to constitutional mandate,

13  and

14         WHEREAS, the Legislature has reviewed the fund before

15  its scheduled termination date and has found that it continues

16  to meet an important public purpose, and

17         WHEREAS, the Legislature has found that existing public

18  policy concerning the fund sets adequate parameters for its

19  use, NOW, THEREFORE,

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

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23         Section 1.  (1)  The Sewage Treatment Revolving Loan

24  Fund within the Department of Environmental Protection, FLAIR

25  number 37-2-661, which was created by section 403.1835,

26  Florida Statutes, and which is to be terminated pursuant to

27  Section 19(f), Article III of the State Constitution on

28  November 4, 2000, is re-created and renamed the Wastewater

29  Treatment and Stormwater Management Revolving Loan Trust Fund.

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    ENROLLED

    1999 Legislature                      HB 1353, First Engrossed



  1         (2)  All current balances of the fund are carried

  2  forward, and all current sources and uses of the fund are

  3  continued.

  4         Section 2.  Paragraph (a) of subsection (9) and

  5  subsection (10) of section 403.1835, Florida Statutes, 1998

  6  Supplement, are amended to read:

  7         403.1835  Sewage treatment facilities revolving loan

  8  program.--

  9         (9)  Funds for the loans and grants authorized under

10  this section must be managed as follows:

11         (a)  A nonlapsing trust fund with revolving loan

12  provisions to be known as the "Wastewater Sewage Treatment and

13  Stormwater Management Revolving Loan Trust Fund" is hereby

14  established in the State Treasury to be used as a revolving

15  fund by the department to carry out the purpose of this

16  section.  Any funds therein which are not needed on an

17  immediate basis for loans may be invested pursuant to s.

18  215.49. The cost of administering the program shall be paid

19  from federal funds, from reasonable service fees that may be

20  imposed upon loans, and from proceeds from the sale of loans

21  as permitted by federal law so as to enhance program

22  perpetuity.  Grants awarded by the Federal Government, state

23  matching funds, and investment earnings thereon shall be

24  deposited into the fund. Proceeds from the sale of loans must

25  be deposited into the fund. All moneys available in the fund,

26  including investment earnings, are hereby designated to carry

27  out the purpose of this section. The principal and interest

28  payments of all loans held by the fund shall be deposited into

29  this fund.

30         (10)  Because the Legislature has experienced revenue

31  shortfalls in recent years and has been unable to provide


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    1999 Legislature                      HB 1353, First Engrossed



  1  enough funds to fully match available federal funds to help

  2  capitalize the Wastewater Sewage Treatment and Stormwater

  3  Management Revolving Loan Trust Fund, it is necessary for

  4  innovative approaches to be considered to help capitalize the

  5  revolving loan fund. The department shall evaluate potential

  6  innovative approaches that can generate funds to match

  7  available federal funds. The department may adopt approaches

  8  that will help ensure the continuing viability of the

  9  Wastewater Sewage Treatment and Stormwater Management

10  Revolving Loan Trust Fund. The department shall consider,

11  among other possible alternatives, the option of implementing

12  by rule a program to allow local governments to offer funds

13  voluntarily to the state for use as a match to available

14  federal funds to capitalize the state sewage treatment

15  revolving loan fund.

16         Section 3.  Section 403.1836, Florida Statutes, is

17  amended to read:

18         403.1836  Wastewater Sewage Treatment and Stormwater

19  Management Revolving Loan Trust Fund; stormwater management

20  system construction.--Each Beginning in fiscal year 1998-1999,

21  the Department of Environmental Protection shall make

22  available up to 10 percent of the annual revenue received in

23  the Wastewater Sewage Treatment and Stormwater Management

24  Revolving Loan Trust Fund for loans to local governmental

25  agencies for constructing stormwater management systems

26  authorized pursuant to s. 403.1835. During this period of

27  time, if the department does not receive requests for projects

28  to use the funds available for stormwater management systems,

29  such funds shall be used for constructing sewage treatment

30  facilities and other activities authorized by s. 403.1835.

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    ENROLLED

    1999 Legislature                      HB 1353, First Engrossed



  1         Section 4.  This act shall take effect November 4,

  2  2000.

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