HB 0013A

CS

CHAMBER ACTION

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

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