HB 0013ACS


1The Fiscal Council recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to the restoration of hurricane-damaged
7beaches and dunes; providing legislative findings with
8respect to hurricane damage to the state's beach and dune
9systems; requiring the Department of Environmental
10Protection to provide a report on the repair and
11restoration of the state's beaches and dunes to the
12Governor and Legislature; providing appropriations;
13requiring a local match for certain appropriations;
14limiting the local match to counties and municipalities
15with a certain per capita personal income level;
16authorizing the Executive Office of the Governor to
17approve a waiver under certain conditions; restricting
18full release of funds until certain local match
19requirements are met; requiring that the Executive Office
20of the Governor provide prior notice to the Legislative
21Budget Commission of allocations from lump-sum
22appropriations to appropriation categories; authorizing
23the department to redistribute funds among activities and
24projects; requiring that the department provide prior
25notice of and justification for such redistribution to the
26Governor and Legislature; directing the department to take
27the necessary steps to ensure the timely implementation
28and completion of certain beach repair and restoration
29projects; providing an effective date.
31Be It Enacted by the Legislature of the State of Florida:
33     Section 1.  The Legislature finds that Florida's beach and
34dune systems were adversely affected by Hurricanes Charley,
35Frances, Ivan, and Jeanne and Tropical Storm Bonnie which struck
36the state during 2004. The Legislature further finds that in
37order to begin the recovery of these systems, the Department of
38Environmental Protection developed the 2004 Hurricane Recovery
39Plan for Florida's Beach and Dune System, hereinafter referred
40to as "the plan," dated November 30, 2004, for the repair and
41restoration of the state's beaches and dunes.
42     Section 2.  The Department of Environmental Protection
43shall provide a report to the Legislature no later than February
4411, 2005, describing the progress made to date on the plan's
45activities and beach and dune repair and restoration projects.
46The report must include the dollars spent, percentage of the
47project's completion, and funding impacts on the 2005-2006
48fiscal year budget. The report must be submitted to the
49Executive Office of the Governor, the President of the Senate,
50and the Speaker of the House of Representatives.
51     Section 3.  (1)  For the 2004-2005 fiscal year only, $64.6
52million from the General Revenue Fund and $3.8 million from the
53Land Acquisition Trust Fund are appropriated in fixed capital
54outlay for the purpose of implementing the plan's activities and
55beach and dune repair and restoration projects.
56     (2)  Of the $64.6 million appropriated from the General
57Revenue Fund, the $53.8 million for beach restoration studies
58and dune restoration projects contained in the plan shall
59require a local match of 10 percent to enhance or expand such
61     (a)  The local match requirement shall not apply to any
62county, or municipality within such county, with a per capita
63personal income level below the state's per capita personal
64income level, as published by the United States Department of
65Commerce. In addition, the Executive Office of the Governor may
66approve a waiver, subject to the requirement for legislative
67notice and review under s. 216.177, Florida Statutes, of all or
68a portion of the required local match for any local government.
69The Executive Office of the Governor must determine that such a
70match requirement cannot be provided or that doing so would
71impose a documented hardship on the local government.
72     (b)  The Department of Environmental Protection shall not
73release the final 25 percent of state funds to be provided to
74any local government for beach restoration studies and dune
75restoration projects until that local government has met local
76match requirements pursuant to this section.
77     (3)  Notwithstanding the provisions of s. 216.177, Florida
78Statutes, requiring a 14-day notice for interim budget actions,
79and pursuant to s. 216.351, Florida Statutes, the Executive
80Office of the Governor shall provide notice of the allocation of
81the lump-sum appropriations authorized by this act into
82traditional appropriations categories to the chair and vice
83chair of the Legislative Budget Commission at least 3 working
84days prior to the effective date of such allocation.
85     Section 4.  The Department of Environmental Protection is
86authorized to redistribute the funds appropriated in this act
87among activities and projects, as necessary, to efficiently and
88effectively implement the plan and to leverage federal and local
89matching funds. Funds from these appropriations must be used to
90implement the plan until completed or until the funds have been
91exhausted. The department shall provide a written description
92and justification 5 days prior to any redistribution of project
93funds within the plan to the Executive Office of the Governor,
94the President of the Senate, and the Speaker of the House of
96     Section 5.  The Department of Environmental Protection is
97directed to take the necessary steps to ensure the timely
98implementation and completion of beach and dune repair and
99restoration projects included within the 2004 Hurricane Recovery
100Plan for Florida's Beach and Dune System. These steps shall
101include, but not be limited to, the issuance of applicable
102emergency permits and rule waivers consistent with current
103executive authority.
104     Section 6.  This act shall take effect upon becoming a law.

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