Senate Bill sb0014Ac1

    Florida Senate - 2004                           CS for SB 14-A

    By the Committee on General Government Appropriations; and
    Senators Clary, Lynn and Klein




    601-599-05

  1                      A bill to be entitled

  2         An act relating to the restoration of

  3         hurricane-damaged beaches and dunes; providing

  4         legislative findings with respect to hurricane

  5         damage to the state's beach and dune systems;

  6         requiring the Department of Environmental

  7         Protection to provide a report on the repair

  8         and restoration of the state's beaches and

  9         dunes to the Governor and Legislature;

10         providing appropriations; requiring a local

11         match for certain appropriations; limiting the

12         local match to counties and municipalities with

13         a certain per capita personal income level;

14         authorizing the Executive Office of the

15         Governor to approve a waiver under certain

16         conditions; restricting full release of funds

17         until certain local match requirements are met;

18         requiring that the Executive Office of the

19         Governor provide prior notice to the

20         Legislative Budget Commission of allocations

21         from lump-sum appropriations to appropriation

22         categories; authorizing the department to

23         redistribute funds among activities and

24         projects; requiring that the department provide

25         prior notice of and justification for such

26         redistribution to the Governor and Legislature;

27         directing the department to take the necessary

28         steps to ensure the timely implementation and

29         completion of certain beach repair and

30         restoration projects; providing an effective

31         date.

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






    Florida Senate - 2004                           CS for SB 14-A
    601-599-05




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

 2  

 3         Section 1.  The Legislature finds that Florida's beach

 4  and dune systems were adversely affected by Hurricanes

 5  Charley, Frances, Ivan, and Jeanne and Tropical Storm Bonnie

 6  which struck the state during 2004. The Legislature further

 7  finds that in order to begin the recovery of these systems,

 8  the Department of Environmental Protection developed the 2004

 9  Hurricane Recovery Plan for Florida's Beach and Dune System,

10  hereinafter referred to as "the plan," dated November 30,

11  2004, for the repair and restoration of the state's beaches

12  and dunes.

13         Section 2.  The Department of Environmental Protection

14  shall provide a report to the Legislature no later than

15  February 11, 2005, describing the progress made to date on the

16  plan's activities and beach and dune repair and restoration

17  projects. The report must include the dollars spent,

18  percentage of the project's completion, and funding impacts on

19  the 2005-2006 fiscal year budget. The report must be submitted

20  to the Executive Office of the Governor, the President of the

21  Senate, and the Speaker of the House of Representatives.

22         Section 3.  (1)  For the 2004-2005 fiscal year only,

23  $64.6 million from the General Revenue Fund and $3.8 million

24  from the Land Acquisition Trust Fund are appropriated in fixed

25  capital outlay for the purpose of implementing the plan's

26  activities and beach and dune repair and restoration projects.

27         (2)  Of the $64.6 million appropriated from the General

28  Revenue Fund, the $53.8 million for beach restoration studies

29  and dune restoration projects contained in the plan shall

30  require a local match of 10 percent to enhance or expand such

31  projects.

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    Florida Senate - 2004                           CS for SB 14-A
    601-599-05




 1         (a)  The local match requirement shall not apply to any

 2  county, or municipality within such county, with a per capita

 3  personal income level below the state's per capita personal

 4  income level, as published by the United States Department of

 5  Commerce. In addition, the Executive Office of the Governor

 6  may approve a waiver, subject to the requirement for

 7  legislative notice and review under section 216.177, Florida

 8  Statutes, of all or a portion of the required local match for

 9  any local government. The Executive Office of the Governor

10  must determine that such a match requirement cannot be

11  provided or that doing so would impose a documented hardship

12  on the local government.

13         (b)  The Department of Environmental Protection shall

14  not release the final 25 percent of state funds to be provided

15  to any local government for beach restoration studies and dune

16  restoration projects until that local government has met local

17  match requirements pursuant to this section.

18         (3)  Notwithstanding the provisions of section 216.177,

19  Florida Statutes, requiring a 14-day notice for interim budget

20  actions, and pursuant to section 216.351, Florida Statutes,

21  the Executive Office of the Governor shall provide notice of

22  the allocation of the lump-sum appropriations authorized by

23  this act into traditional appropriation categories to the

24  chair and vice chair of the Legislative Budget Commission at

25  least 3 working days prior to the effective date of such

26  allocation.

27         Section 4.  The Department of Environmental Protection

28  is authorized to redistribute the funds appropriated in this

29  act among activities and projects, as necessary, to

30  efficiently and effectively implement the plan and to leverage

31  federal and local matching funds. Funds from these

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    Florida Senate - 2004                           CS for SB 14-A
    601-599-05




 1  appropriations must be used to implement the plan until

 2  completed or until the funds have been exhausted. The

 3  department shall provide a written description and

 4  justification 5 days prior to any redistribution of project

 5  funds within the plan to the Executive Office of the Governor,

 6  the President of the Senate, and the Speaker of the House of

 7  Representatives.

 8         Section 5.  The Department of Environmental Protection

 9  is directed to take the necessary steps to ensure the timely

10  implementation and completion of beach and dune repair and

11  restoration projects included within the 2004 Hurricane

12  Recovery Plan for Florida's Beach and Dune System. These steps

13  shall include, but not be limited to, the issuance of

14  applicable emergency permits and rule waivers consistent with

15  current executive authority.

16         Section 6.  This act shall take effect upon becoming a

17  law.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 14-A

21                                 

22  Clarifies that the 10 percent local government match
    requirement and the final release of funds to local
23  governments provision applies to beach restoration studies and
    dune restoration projects.
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