Senate Bill sb1336

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    Florida Senate - 2003                                  SB 1336

    By Senator Garcia





    40-965-03                                           See HB 101

  1                      A bill to be entitled

  2         An act relating to trust funds; creating s.

  3         403.185, F.S.; creating the Florida Keys and

  4         Key West Areas of Critical State Concern

  5         Wastewater and Stormwater Trust Fund to be

  6         administered by the Department of Community

  7         Affairs; providing sources of funds; providing

  8         purposes and administrative provisions with

  9         respect to such purposes; providing rulemaking

10         authority for such administrative provisions;

11         providing for annual carryforward of funds;

12         providing for future review and termination or

13         re-creation of the trust fund; providing for

14         termination of the trust fund following removal

15         of the area of critical state concern

16         designation from the Florida Keys and Key West

17         Areas; providing an effective date.

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

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21         Section 1.  Section 403.185, Florida Statutes, is

22  created to read:

23         403.185  Florida Keys and Key West Areas of Critical

24  State Concern Wastewater and Stormwater Trust Fund.--

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

26  Areas of Critical State Concern Wastewater and Stormwater

27  Trust Fund to be administered by the Department of Community

28  Affairs for the purpose of funding priority wastewater and

29  stormwater management projects in the Florida Keys and Key

30  West Areas of Critical State Concern.

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    Florida Senate - 2003                                  SB 1336
    40-965-03                                           See HB 101




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

  2  appropriations made by law and with funds from state and

  3  federal grants.

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

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

  6  including the Florida Keys Aqueduct Authority, responsible for

  7  wastewater or stormwater management services.

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

  9  engineering design, construction and construction-related

10  services, and construction supervision. Planning costs are not

11  eligible for funding.

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

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

14  of upgrading unpermitted individual residential onsite

15  treatment and disposal systems, consistent with the

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

17  planned for central wastewater facilities by 2010.

18         (5)  The Department of Community Affairs may establish

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

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

21  department may consider the rate impacts on customers in an

22  effort to equalize those impacts to the extent practicable.

23         (6)  The Department of Community Affairs may award

24  funds only for projects that are consistent with:

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

26  locally adopted wastewater master plan; or

27         (b)  A locally adopted stormwater master plan.

28         (7)  The Department of Community Affairs may award

29  funds for the specific purpose of making affordable a loan

30  under s. 403.1835. Affordability criteria shall be established

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    Florida Senate - 2003                                  SB 1336
    40-965-03                                           See HB 101




  1  by the Department of Community Affairs, in consultation with

  2  the Department of Environmental Protection.

  3         (8)  The Department of Community Affairs, in

  4  consultation with the Department of Environmental Protection,

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

  6  awarding money from the trust fund. Priority considerations

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

  8  health protection and water quality improvement expected of

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

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

11  demonstrated and documented the following:

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

13  the project with the assistance provided and any other legally

14  available funds.

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

16  enforceable sewer use policies.

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

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

19  fees.

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

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

22  firm bid or proposal.

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

24  impacts, and overall implications of the project have been

25  presented to the public affected by the project.

26         (9)  The Department of Community Affairs may adopt

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

28  administer subsections (3)-(8).

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

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

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

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    Florida Senate - 2003                                  SB 1336
    40-965-03                                           See HB 101




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

  2  purposes of the trust fund.

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

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

  5  terminated sooner, be terminated on July 1, 2007. Prior to its

  6  scheduled termination, the trust fund shall be reviewed as

  7  provided in s. 215.3206.

  8         (12)  The trust fund, if not repealed sooner pursuant

  9  to subsection (11), shall be repealed 5 years after the date

10  the area of critical state concern designation is removed from

11  both the Florida Keys and Key West Areas.

12         Section 2.  This act shall take effect July 1, 2003.

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