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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1653

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Agriculture & Consumer Affairs offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Section 403.185, Florida Statutes, is

19  created to read:

20         403.185  Florida Keys and Key West Areas of Critical

21  State Concern Wastewater and Stormwater Trust Fund.--

22         (1)  There is created the Florida Keys and Key West

23  Areas of Critical State Concern Wastewater and Stormwater

24  Trust Fund to be administered by the Department of Community

25  Affairs for the purpose of funding priority wastewater and

26  stormwater management projects in the Florida Keys and Key

27  West Areas of Critical State Concern.

28         (2)  The trust fund shall be credited with state

29  appropriations made by law and with funds from state and

30  federal grants.

31         (3)(a)  The Department of Community Affairs may award

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1653

    Amendment No. ___ (for drafter's use only)





  1  funds from the trust fund to a local government agency,

  2  including the Florida Keys Aqueduct Authority, responsible for

  3  wastewater or stormwater management services.

  4         (b)  Funds may be awarded to cover the costs of

  5  engineering design, construction and construction-related

  6  services, and construction supervision.  Planning costs are

  7  not eligible for funding.

  8         (4)  The Department of Community Affairs also may award

  9  funds from the trust fund to property owners for the purpose

10  of upgrading unpermitted individual residential onsite

11  treatment and disposal systems, consistent with the

12  requirements of chapter 99-395, Laws of Florida, in areas not

13  planned for central wastewater facilities by 2010.

14         (5)  The Department of Community Affairs may establish

15  a maximum amount of funds to be awarded to any one recipient

16  in any given year or in total.  In awarding funds, the

17  department may consider the rate impacts on customers in an

18  effort to equalize those impacts to the extent practical.

19         (6)  The Department of Community of Affairs may award

20  funds only for projects that are consistent with:

21         (a)  The Monroe County Wastewater Master Plan and any

22  locally adopted wastewater master plan; or

23         (b)  A locally adopted stormwater master plan.

24         (7)  The Department of Community Affairs may award

25  funds for the specific purpose of making affordable a loan

26  under s. 403.1835.  Affordability criteria shall be

27  established by the Department of Community Affairs, in

28  consultation with the Department of Environmental Protection.

29         (8)  The Department of Community Affairs, in

30  consultation with the Department of Environmental Protection,

31  shall prioritize ready-to-proceed projects for the purpose of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1653

    Amendment No. ___ (for drafter's use only)





  1  awarding money from the trust fund.  Priority considerations

  2  may include, but are not limited to, the extent of public

  3  health protection and water quality improvement expected of

  4  the project.  For purposes of this section, readiness to

  5  proceed means, at a minimum, that a project sponsor has

  6  demonstrated and documented the following:

  7         (a)  That it has the financial capability to construct

  8  the project with the assistance provided and any other legally

  9  available funds.

10         (b)  That, in the case of wastewater projects, it has

11  enforceable sewer use policies.

12         (c)  That it has a program to provide assistance to

13  low-income residents to help defray the impact of rates and

14  fees.

15         (d)  That it will be able to proceed with construction,

16  or with a design-build project, at a definite cost based on a

17  firm bid or proposal.

18         (e)  That the plan, project costs, rate and fee

19  impacts, and overall implications of the project have been

20  presented to the public affected by the project.

21         (9)  The Department of Community Affairs shall adopt

22  rules pursuant to ss. 120.536(1) and 120.54 necessary to

23  administer subsections (3)-(8).

24         (10)  Notwithstanding the provisions of s. 216.301 and

25  pursuant to s. 216.351, any balance in the trust fund at the

26  end of any fiscal year shall remain in the trust fund at the

27  end of the year and shall be available for carrying out the

28  purposes of the trust fund.

29         (11)  Pursuant to the provisions of s. 19(f)(2), Art.

30  III of the State Constitution, the trust fund shall, unless

31  terminated sooner, be terminated on July 1, 2006.  Prior to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1653

    Amendment No. ___ (for drafter's use only)





  1  its scheduled termination, the trust fund shall be reviewed as

  2  provided in s. 215.3206.

  3         Section 2.  This act shall take effect July 1, 2002.

  4

  5

  6  ================ T I T L E   A M E N D M E N T ===============

  7  And the title is amended as follows:

  8  remove everything before the enacting clause

  9

10  and insert:

11                      A bill to be entitled

12         An act relating to trust funds; creating s.

13         403.185, F.S.; creating the Florida Keys and

14         Key West Areas of Critical State Concern

15         Wastewater and Stormwater Trust Fund to be

16         administered by the Department of Community

17         Affairs; providing sources of funds; providing

18         purposes and administrative provisions with

19         respect to such purposes; providing rulemaking

20         authority for such administrative provisions;

21         providing for annual carryforward of funds;

22         providing for future review and termination or

23         re-creation of the trust fund; providing an

24         effective date.

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31

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    File original & 9 copies    02/13/02
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