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 restoration studies
54and dune restoration projects contained in the plan shall
55require a local match of 10 percent to enhance or expand such
57     (a)  The local match requirement shall not apply to any
58county, or municipality within such county, with a per capita
59personal income level below the state's per capita personal
60income level, as published by the United States Department of
61Commerce. In addition, the Executive Office of the Governor may
62approve a waiver, subject to the requirement for legislative
63notice and review under s. 216.177, Florida Statutes, of all or
64a portion of the required local match for any local government.
65The Executive Office of the Governor must determine that such a
66match requirement cannot be provided or that doing so would
67impose a documented hardship on the local government.
68     (b)  The Department of Environmental Protection shall not
69release the final 25 percent of state funds to be provided to
70any local government for beach restoration studies and dune
71restoration projects until that local government has met local
72match requirements pursuant to this section.
73     (3)  Notwithstanding the provisions of s. 216.177, Florida
74Statutes, requiring a 14-day notice for interim budget actions,
75and pursuant to s. 216.351, Florida Statutes, the Executive
76Office of the Governor shall provide notice of the allocation of
77the lump-sum appropriations authorized by this act into
78traditional appropriations categories to the chair and vice
79chair of the Legislative Budget Commission at least 3 working
80days prior to the effective date of such allocation.
81     Section 4.  The Department of Environmental Protection is
82authorized to redistribute the funds appropriated in this act
83among activities and projects, as necessary, to efficiently and
84effectively implement the plan and to leverage federal and local
85matching funds. Funds from these appropriations must be used to
86implement the plan until completed or until the funds have been
87exhausted. The department shall provide a written description
88and justification 5 days prior to any redistribution of project
89funds within the plan to the Executive Office of the Governor,
90the President of the Senate, and the Speaker of the House of
92     Section 5.  The Department of Environmental Protection is
93directed to take the necessary steps to ensure the timely
94implementation and completion of beach and dune repair and
95restoration projects included within the 2004 Hurricane Recovery
96Plan for Florida's Beach and Dune System. These steps shall
97include, but not be limited to, the issuance of applicable
98emergency permits and rule waivers consistent with current
99executive authority.
100     Section 6.  This act shall take effect upon becoming a law.

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