1 | A bill to be entitled |
2 | An act relating to hurricane-relief funding; amending s. |
3 | 252.37, F.S., relating to emergency management; requiring |
4 | that the state and the affected local government provide |
5 | certain amounts of matching funds following acceptance of |
6 | federal public assistance funds that are conditioned upon |
7 | such match; authorizing the Executive Office of the |
8 | Governor to waive the requirement under certain |
9 | circumstances; requiring that the recipient provide a |
10 | required match before receiving federal hazard-mitigation |
11 | funds; providing for certain exceptions; providing for |
12 | retroactive application of the requirements for providing |
13 | matching funds; providing appropriations; providing |
14 | requirements for local governments with respect to |
15 | matching funds; authorizing future payments or a deduction |
16 | from the local government's revenue-sharing allocation; |
17 | specifying that the nonrecurring appropriations are to |
18 | meet needs caused by hurricanes and a tropical storm; |
19 | requiring that the Executive Office of the Governor |
20 | provide prior notice to the Legislative Budget Commission |
21 | of allocations from lump-sum appropriations to |
22 | appropriation categories; providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Effective upon this act becoming a law and |
27 | applying retroactively to July 1, 2004, subsections (5) and (6) |
28 | are added to section 252.37, Florida Statutes, to read: |
29 | 252.37 Financing.-- |
30 | (5) Unless otherwise specified in the General |
31 | Appropriations Act: |
32 | (a) Whenever the state accepts financial assistance from |
33 | the Federal Government or its agencies under the federal Public |
34 | Assistance Program and such financial assistance is conditioned |
35 | upon a requirement for matching funds, the state shall provide |
36 | the entire match requirement for state agencies and one-half of |
37 | the required match for grants to local governments. The affected |
38 | local government shall be required to provide one-half of the |
39 | required match prior to receipt of such financial assistance. |
40 | (b) The Executive Office of the Governor may approve a |
41 | waiver, subject to the requirement for legislative notice and |
42 | review under s. 216.177, of all or a portion of the required |
43 | match for public assistance projects for local governments if |
44 | the Executive Office of the Governor determines that such a |
45 | match requirement cannot be provided, or that doing so would |
46 | impose a documented hardship on the local government, and if the |
47 | local government applies for the waiver within the first 18 |
48 | months after the disaster is declared. |
49 | (6) Whenever the state accepts financial assistance from |
50 | the Federal Government or its agencies under the federal Hazard |
51 | Mitigation Assistance Grant Program and such financial |
52 | assistance is conditioned upon a requirement for matching funds, |
53 | the eligible subgrantee recipient shall be required to provide |
54 | the full amount of the required match prior to receipt of such |
55 | financial assistance unless otherwise specified in the General |
56 | Appropriations Act. |
57 | Section 2. For the 2004-2005 fiscal year only, $55,722,888 |
58 | is appropriated from the General Revenue Fund for deposit into |
59 | the Grants and Donations Trust Fund in the Department of |
60 | Community Affairs and $55,722,888 is appropriated in lump sum |
61 | from the Grants and Donations Trust Fund to the Department of |
62 | Community Affairs for the purpose of meeting the state's portion |
63 | of the match requirements of the Individuals and Households, |
64 | Other Needs Assistance Program administered by the Federal |
65 | Government. |
66 | Section 3. (1) For the 2004-2005 fiscal year only, |
67 | $578,193,040 is appropriated in lump sum from the U.S. |
68 | Contributions Trust Fund in the Department of Community Affairs |
69 | to the Department of Community Affairs to provide supplemental |
70 | federal disaster grant assistance to eligible recipients. |
71 | (2) Prior to the release of the funds appropriated in this |
72 | section, the department shall ensure that the affected local |
73 | government has provided a 5-percent local match. Because the |
74 | location, type of disaster, and severity of the event can |
75 | materially affect the magnitude of costs, a local government's |
76 | share of public assistance projects may be initially provided by |
77 | the state, with future payment being provided by the appropriate |
78 | local government or deducted from the local government's state |
79 | revenue-sharing allocation. |
80 | Section 4. For the 2004-2005 fiscal year only, $35,526,935 |
81 | is appropriated from the General Revenue Fund for deposit into |
82 | the Grants and Donations Trust Fund in the Department of |
83 | Community Affairs and $35,526,935 is appropriated in lump sum |
84 | from the Grants and Donations Trust Fund to the Department of |
85 | Community Affairs for the purpose of meeting the state's portion |
86 | of the match requirements for the public assistance grant |
87 | program. |
88 | Section 5. For the 2004-2005 fiscal year only, $305,405 is |
89 | appropriated from the General Revenue Fund for deposit into the |
90 | Grants and Donations Trust Fund in the Department of Community |
91 | Affairs, $305,405 is appropriated in lump sum from the Grants |
92 | and Donations Trust Fund to the Department of Community Affairs, |
93 | and $916,214 is appropriated in lump sum from the U.S. |
94 | Contributions Trust Fund in the Department of Community Affairs |
95 | to the Department of Community Affairs for the purpose of paying |
96 | the state management administrative costs of the Hazard |
97 | Mitigation Grant Program. The funds appropriated in this section |
98 | from the General Revenue Fund are provided to meet the state's |
99 | portion of the match requirements for state management |
100 | administrative costs of the Hazard Mitigation Grant Program. |
101 | Section 6. All appropriations authorized by this act are |
102 | nonrecurring and are intended to address needs caused by |
103 | Tropical Storm Bonnie and Hurricanes Charley, Frances, Ivan, and |
104 | Jeanne. |
105 | Section 7. Notwithstanding the provisions of section |
106 | 216.177, Florida Statutes, requiring a 14-day notice for interim |
107 | budget actions, and pursuant to section 216.351, Florida |
108 | Statutes, the Executive Office of the Governor shall provide |
109 | notice of the allocation of the lump sum appropriations |
110 | authorized by this act into traditional appropriation categories |
111 | to the chair and vice chair of the Legislative Budget Commission |
112 | at least 3 working days prior to the effective date of such |
113 | allocation. |
114 | Section 8. This act shall take effect upon becoming a law. |