| 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 |
|
| 24 | Be It Enacted by the Legislature of the State of Florida: |
| 25 |
|
| 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. |