HB 0019A

1
A bill to be entitled
2An act relating to hurricane-relief funding; amending s.
3252.37, F.S., relating to emergency management; requiring
4that the state and the affected local government provide
5certain amounts of matching funds following acceptance of
6federal public assistance funds that are conditioned upon
7such match; authorizing the Executive Office of the
8Governor to waive the requirement under certain
9circumstances; requiring that the recipient provide a
10required match before receiving federal hazard-mitigation
11funds; providing for certain exceptions; providing for
12retroactive application of the requirements for providing
13matching funds; providing appropriations; providing
14requirements for local governments with respect to
15matching funds; authorizing future payments or a deduction
16from the local government's revenue-sharing allocation;
17specifying that the nonrecurring appropriations are to
18meet needs caused by hurricanes and a tropical storm;
19requiring that the Executive Office of the Governor
20provide prior notice to the Legislative Budget Commission
21of allocations from lump-sum appropriations to
22appropriation categories; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Effective upon this act becoming a law and
27applying retroactively to July 1, 2004, subsections (5) and (6)
28are added to section 252.37, Florida Statutes, to read:
29     252.37  Financing.--
30     (5)  Unless otherwise specified in the General
31Appropriations Act:
32     (a)  Whenever the state accepts financial assistance from
33the Federal Government or its agencies under the federal Public
34Assistance Program and such financial assistance is conditioned
35upon a requirement for matching funds, the state shall provide
36the entire match requirement for state agencies and one-half of
37the required match for grants to local governments. The affected
38local government shall be required to provide one-half of the
39required match prior to receipt of such financial assistance.
40     (b)  The Executive Office of the Governor may approve a
41waiver, subject to the requirement for legislative notice and
42review under s. 216.177, of all or a portion of the required
43match for public assistance projects for local governments if
44the Executive Office of the Governor determines that such a
45match requirement cannot be provided, or that doing so would
46impose a documented hardship on the local government, and if the
47local government applies for the waiver within the first 18
48months after the disaster is declared.
49     (6)  Whenever the state accepts financial assistance from
50the Federal Government or its agencies under the federal Hazard
51Mitigation Assistance Grant Program and such financial
52assistance is conditioned upon a requirement for matching funds,
53the eligible subgrantee recipient shall be required to provide
54the full amount of the required match prior to receipt of such
55financial assistance unless otherwise specified in the General
56Appropriations Act.
57     Section 2.  For the 2004-2005 fiscal year only, $55,722,888
58is appropriated from the General Revenue Fund for deposit into
59the Grants and Donations Trust Fund in the Department of
60Community Affairs and $55,722,888 is appropriated in lump sum
61from the Grants and Donations Trust Fund to the Department of
62Community Affairs for the purpose of meeting the state's portion
63of the match requirements of the Individuals and Households,
64Other Needs Assistance Program administered by the Federal
65Government.
66     Section 3.  (1)  For the 2004-2005 fiscal year only,
67$578,193,040 is appropriated in lump sum from the U.S.
68Contributions Trust Fund in the Department of Community Affairs
69 to the Department of Community Affairs to provide supplemental
70federal disaster grant assistance to eligible recipients.
71     (2)  Prior to the release of the funds appropriated in this
72section, the department shall ensure that the affected local
73government has provided a 5-percent local match. Because the
74location, type of disaster, and severity of the event can
75materially affect the magnitude of costs, a local government's
76share of public assistance projects may be initially provided by
77the state, with future payment being provided by the appropriate
78local government or deducted from the local government's state
79revenue-sharing allocation.
80     Section 4.  For the 2004-2005 fiscal year only, $35,526,935
81is appropriated from the General Revenue Fund for deposit into
82the Grants and Donations Trust Fund in the Department of
83Community Affairs and $35,526,935 is appropriated in lump sum
84from the Grants and Donations Trust Fund to the Department of
85Community Affairs for the purpose of meeting the state's portion
86of the match requirements for the public assistance grant
87program.
88     Section 5.  For the 2004-2005 fiscal year only, $305,405 is
89appropriated from the General Revenue Fund for deposit into the
90Grants and Donations Trust Fund in the Department of Community
91Affairs, $305,405 is appropriated in lump sum from the Grants
92and Donations Trust Fund to the Department of Community Affairs,
93and $916,214 is appropriated in lump sum from the U.S.
94Contributions Trust Fund in the Department of Community Affairs
95to the Department of Community Affairs for the purpose of paying
96the state management administrative costs of the Hazard
97Mitigation Grant Program. The funds appropriated in this section
98from the General Revenue Fund are provided to meet the state's
99portion of the match requirements for state management
100administrative costs of the Hazard Mitigation Grant Program.
101     Section 6.  All appropriations authorized by this act are
102nonrecurring and are intended to address needs caused by
103Tropical Storm Bonnie and Hurricanes Charley, Frances, Ivan, and
104Jeanne.
105     Section 7.  Notwithstanding the provisions of section
106216.177, Florida Statutes, requiring a 14-day notice for interim
107budget actions, and pursuant to section 216.351, Florida
108Statutes, the Executive Office of the Governor shall provide
109notice of the allocation of the lump sum appropriations
110authorized by this act into traditional appropriation categories
111to the chair and vice chair of the Legislative Budget Commission
112at least 3 working days prior to the effective date of such
113allocation.
114     Section 8.  This act shall take effect upon becoming a law.


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