Senate Bill sb0020A

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    Florida Senate - 2004                                  SB 20-A

    By Senator Constantine





    41-507E-05

  1                      A bill to be entitled

  2         An act relating to hurricane-relief funding;

  3         amending s. 252.37, F.S., relating to emergency

  4         management; requiring that the state and the

  5         affected local government provide certain

  6         amounts of matching funds following acceptance

  7         of federal public assistance funds that are

  8         conditioned upon such match; authorizing the

  9         Executive Office of the Governor to waive the

10         requirement under certain circumstances;

11         requiring that the recipient provide a required

12         match before receiving federal

13         hazard-mitigation funds; providing for certain

14         exceptions; providing for retroactive

15         application of the requirements for providing

16         matching funds; providing appropriations;

17         providing requirements for local governments

18         with respect to matching funds; authorizing

19         future payments or a deduction from the local

20         government's revenue-sharing allocation;

21         specifying that the nonrecurring appropriations

22         are to meet needs caused by hurricanes and a

23         tropical storm; requiring that the Executive

24         Office of the Governor provide prior notice to

25         the Legislative Budget Commission of

26         allocations from lump-sum appropriations to

27         appropriation categories; providing an

28         effective date.

29  

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

31  

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    Florida Senate - 2004                                  SB 20-A
    41-507E-05




 1         Section 1.  Effective upon this act becoming a law and

 2  applying retroactively to July 1, 2004, subsections (5) and

 3  (6) are added to section 252.37, Florida Statutes, to read:

 4         252.37  Financing.--

 5         (5)  Unless otherwise specified in the General

 6  Appropriations Act:

 7         (a)  Whenever the state accepts financial assistance

 8  from the Federal Government or its agencies under the federal

 9  public assistance program and such financial assistance is

10  conditioned upon a requirement for matching funds, the state

11  shall provide the entire match requirement for state agencies

12  and one-half of the required match for grants to local

13  governments. The affected local government shall be required

14  to provide one-half of the required match prior to receipt of

15  such financial assistance.

16         (b)  The Executive Office of the Governor may approve a

17  waiver, subject to the requirement for legislative notice and

18  review under s. 216.177, of all or a portion of the required

19  match for public assistance projects for local governments if

20  the Executive Office of the Governor determines that such a

21  match requirement cannot be provided, or that doing so would

22  impose a documented hardship on the local government, and if

23  the local government applies for the waiver within the first

24  18 months after the disaster is declared.

25         (6)  Whenever the state accepts financial assistance

26  from the Federal Government or its agencies under the federal

27  Hazard Mitigation Assistance Grant Program and such financial

28  assistance is conditioned upon a requirement for matching

29  funds, the eligible subgrantee recipient shall be required to

30  provide the full amount of the required match prior to receipt

31  

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    Florida Senate - 2004                                  SB 20-A
    41-507E-05




 1  of such financial assistance unless otherwise specified in the

 2  General Appropriations Act.

 3         Section 2.  For the 2004-2005 fiscal year only,

 4  $55,722,888 is appropriated from the General Revenue Fund for

 5  deposit into the Grants and Donations Trust Fund in the

 6  Department of Community Affairs and $55,722,888 is

 7  appropriated in lump sum from the Grants and Donations Trust

 8  Fund to the Department of Community Affairs for the purpose of

 9  meeting the state's portion of the match requirements of the

10  Individuals and Households, Other Needs Assistance Program

11  administered by the Federal Government.

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

13  $578,193,040 is appropriated in lump sum from the U.S.

14  Contributions Trust Fund in the Department of Community

15  Affairs to the Department of Community Affairs to provide

16  supplemental federal disaster grant assistance to eligible

17  recipients.

18         (2)  Prior to the release of the funds appropriated in

19  this section, the department shall ensure that the affected

20  local government has provided a 5-percent local match. Because

21  the location, type of disaster, and severity of the event can

22  materially affect the magnitude of costs, a local government's

23  share of public assistance projects may be initially provided

24  by the state, with future payment being provided by the

25  appropriate local government or deducted from the local

26  government's state revenue-sharing allocation.

27         Section 4.  For the 2004-2005 fiscal year only,

28  $35,526,935 is appropriated from the General Revenue Fund for

29  deposit into the Grants and Donations Trust Fund in the

30  Department of Community Affairs and $35,526,935 is

31  appropriated in lump sum from the Grants and Donations Trust

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    Florida Senate - 2004                                  SB 20-A
    41-507E-05




 1  Fund to the Department of Community Affairs for the purpose of

 2  meeting the state's portion of the match requirements for the

 3  public assistance grant program.

 4         Section 5.  For the 2004-2005 fiscal year only,

 5  $305,405 is appropriated from the General Revenue Fund for

 6  deposit into the Grants and Donations Trust Fund in the

 7  Department of Community Affairs, $305,405 is appropriated in

 8  lump sum from the Grants and Donations Trust Fund to the

 9  Department of Community Affairs, and $916,214 is appropriated

10  in lump sum from the U.S. Contributions Trust Fund in the

11  Department of Community Affairs to the Department of Community

12  Affairs for the purpose of paying the state management

13  administrative costs of the Hazard Mitigation Grant Program.

14  The funds appropriated in this section from the General

15  Revenue Fund are provided to meet the state's portion of the

16  match requirements for state management administrative costs

17  of the Hazard Mitigation Grant Program.

18         Section 6.  All appropriations authorized by this act

19  are nonrecurring and are intended to address needs caused by

20  Tropical Storm Bonnie and Hurricanes Charley, Frances, Ivan,

21  and Jeanne.

22         Section 7.  Notwithstanding the provisions of section

23  216.177, Florida Statutes, requiring a 14-day notice for

24  interim budget actions, and pursuant to section 216.351,

25  Florida Statutes, the Executive Office of the Governor shall

26  provide notice of the allocation of the lump sum

27  appropriations authorized by this act into traditional

28  appropriation categories to the chair and vice chair of the

29  Legislative Budget Commission at least 3 working days prior to

30  the effective date of such allocation.

31  

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    Florida Senate - 2004                                  SB 20-A
    41-507E-05




 1         Section 8.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Requires that the state and affected local government
      each provide one-half of required matching funds
 7    following acceptance of federal public assistance funds
      that are conditioned upon a match. Provides for certain
 8    exceptions. Requires the recipient of federal
      hazard-mitigation funds to provide the required match
 9    before receipt of funds. Appropriates funds to the
      Department of Community Affairs for the purpose of
10    meeting federal requirements for matching funds for
      disaster assistance and hazard mitigation. Requires the
11    Executive Office of the Governor to notify the
      Legislative Budget Commission of transfers of
12    appropriations.

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