HB 0013A

A bill to be entitled
2An act relating to the restoration of hurricane-damaged
3beaches and dunes; providing legislative findings with
4respect to hurricane damage to the state's beach and dune
5systems; requiring the Department of Environmental
6Protection to provide a report on the repair and
7restoration of the state's beaches and dunes to the
8Governor and Legislature; providing appropriations;
9requiring a local match for certain appropriations;
10limiting the local match to counties and municipalities
11with a certain per capita personal income level;
12authorizing the Executive Office of the Governor to
13approve a waiver under certain conditions; restricting
14full release of funds until certain local match
15requirements are met; requiring that the Executive Office
16of the Governor provide prior notice to the Legislative
17Budget Commission of allocations from lump-sum
18appropriations to appropriation categories; authorizing
19the department to redistribute funds among activities and
20projects; requiring that the department provide prior
21notice of and justification for such redistribution to the
22Governor and Legislature; directing the department to take
23the necessary steps to ensure the timely implementation
24and completion of certain beach repair and restoration
25projects; providing an effective date.
27Be It Enacted by the Legislature of the State of Florida:
29     Section 1.  The Legislature finds that Florida's beach and
30dune systems were adversely affected by Hurricanes Charley,
31Frances, Ivan, and Jeanne and Tropical Storm Bonnie which struck
32the state during 2004. The Legislature further finds that in
33order to begin the recovery of these systems, the Department of
34Environmental Protection developed the 2004 Hurricane Recovery
35Plan for Florida's Beach and Dune System, hereinafter referred
36to as "the plan," dated November 30, 2004, for the repair and
37restoration of the state's beaches and dunes.
38     Section 2.  The Department of Environmental Protection
39shall provide a report to the Legislature no later than February
4011, 2005, describing the progress made to date on the plan's
41activities and beach and dune repair and restoration projects.
42The report must include the dollars spent, percentage of the
43project's completion, and funding impacts on the 2005-2006
44fiscal year budget. The report must be submitted to the
45Executive Office of the Governor, the President of the Senate,
46and the Speaker of the House of Representatives.
47     Section 3.  (1)  For the 2004-2005 fiscal year only, $64.6
48million from the General Revenue Fund and $3.8 million from the
49Land Acquisition Trust Fund are appropriated in fixed capital
50outlay for the purpose of implementing the plan's activities and
51beach and dune repair and restoration projects.
52     (2)  Of the $64.6 million appropriated from the General
53Revenue Fund, the $53.8 million for beach and dune restoration
54studies shall require a local match of 10 percent for
55enhancement and expansion of projects contained in the plan.
56     (a)  The local match requirement shall not apply to any
57county, or municipality within such county, with a per capita
58personal income level below the state's per capita personal
59income level, as published by the United States Department of
60Commerce. In addition, the Executive Office of the Governor may
61approve a waiver, subject to the requirement for legislative
62notice and review under s. 216.177, Florida Statutes, of all or
63a portion of the required local match for any local government.
64The Executive Office of the Governor must determine that such a
65match requirement cannot be provided or that doing so would
66impose a documented hardship on the local government.
67     (b)  The Department of Environmental Protection shall not
68release the final 25 percent of state funds to be provided to
69any local government for beach and dune restoration studies
70until that local government has met local match requirements
71pursuant to this section.
72     (3)  Notwithstanding the provisions of s. 216.177, Florida
73Statutes, requiring a 14-day notice for interim budget actions,
74and pursuant to s. 216.351, Florida Statutes, the Executive
75Office of the Governor shall provide notice of the allocation of
76the lump-sum appropriations authorized by this act into
77traditional appropriations categories to the chair and vice
78chair of the Legislative Budget Commission at least 3 working
79days prior to the effective date of such allocation.
80     Section 4.  The Department of Environmental Protection is
81authorized to redistribute the funds appropriated in this act
82among activities and projects, as necessary, to efficiently and
83effectively implement the plan and to leverage federal and local
84matching funds. Funds from these appropriations must be used to
85implement the plan until completed or until the funds have been
86exhausted. The department shall provide a written description
87and justification 5 days prior to any redistribution of project
88funds within the plan to the Executive Office of the Governor,
89the President of the Senate, and the Speaker of the House of
91     Section 5.  The Department of Environmental Protection is
92directed to take the necessary steps to ensure the timely
93implementation and completion of beach and dune repair and
94restoration projects included within the 2004 Hurricane Recovery
95Plan for Florida's Beach and Dune System. These steps shall
96include, but not be limited to, the issuance of applicable
97emergency permits and rule waivers consistent with current
98executive authority.
99     Section 6.  This act shall take effect upon becoming a law.

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