| 1 | A bill to be entitled | 
| 2 | An act relating to hurricane recovery assistance; creating | 
| 3 | s. 215.5593, F.S.; creating the Hurricane Recovery | 
| 4 | Assistance Program of 2004; providing legislative findings | 
| 5 | and intent; requiring the revenue estimating conference to | 
| 6 | identify sales tax revenues generated from hurricane- | 
| 7 | related rebuilding, identify the need for such funds for | 
| 8 | certain purposes, and report such information to the | 
| 9 | Legislature; requiring the Executive Office of the | 
| 10 | Governor to develop plans for certain agencies to | 
| 11 | implement and administer the program; providing plan | 
| 12 | requirements; requiring the Executive Office of the | 
| 13 | Governor to submit copies of such plans to the Legislature | 
| 14 | and the Chief Financial Officer for certain purposes; | 
| 15 | providing for annual appropriations to the Hurricane | 
| 16 | Recovery Trust Fund of 2004 for specified purposes; | 
| 17 | providing duties of the Department of Insurance, the | 
| 18 | Office of Tourism, Trade, and Economic Development, and | 
| 19 | the Department of Community Affairs with respect to such | 
| 20 | appropriations; providing that moneys appropriated for the | 
| 21 | program are not to supplant other funding sources of the | 
| 22 | affected agencies; requiring annual reports to the | 
| 23 | Legislature and the Chief Financial Officer; requiring the | 
| 24 | Chief Financial Officer to conduct annual financial, | 
| 25 | operational, and performance audits and continuing | 
| 26 | oversight of such agencies to determine compliance with | 
| 27 | plan requirements; requiring the Chief Financial Officer | 
| 28 | to submit a report of such audits to the Legislature prior | 
| 29 | to each regular session; providing for future expiration | 
| 30 | of the program; providing an effective date. | 
| 31 | 
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| 32 | Be It Enacted by the Legislature of the State of Florida: | 
| 33 | 
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| 34 | Section 1.  Section 215.5593, Florida Statutes, is created | 
| 35 | to read: | 
| 36 | 215.5593  Hurricane Recovery Assistance Program of 2004.-- | 
| 37 | (1)  The Legislature finds and declares that the 2004 | 
| 38 | hurricane season was uniquely devastating to the residents and | 
| 39 | economy of the state. Hurricanes Charley, Frances, Jeanne, and | 
| 40 | Ivan caused extensive damage to property and infrastructure and | 
| 41 | though much reconstruction and rebuilding is accomplished, much | 
| 42 | remains to be done. It is the intent of this section to assist | 
| 43 | in that reconstruction and rebuilding effort. | 
| 44 | (2)(a)  The Hurricane Recovery Assistance Program of 2004 | 
| 45 | is created to use sales tax revenues generated from hurricane- | 
| 46 | related rebuilding efforts to assist in that rebuilding. | 
| 47 | (b)  The revenue estimating conference shall identify those | 
| 48 | funds that represent sales tax revenues generated from | 
| 49 | hurricane-related rebuilding efforts during such period and | 
| 50 | shall identify the relative need for funds for each of the | 
| 51 | purposes specified in subsection (4). The revenue estimating | 
| 52 | conference shall provide such information to the Speaker of the | 
| 53 | House of Representatives, the President of the Senate, and the | 
| 54 | Majority and Minority Leaders of the House of Representatives | 
| 55 | and the Senate by February 1 each year. | 
| 56 | (c)  Each fiscal year, the Legislature shall appropriate | 
| 57 | from the General Revenue Fund to the Hurricane Recovery Trust | 
| 58 | Fund of 2004, created under s. 215.5595, the amount identified | 
| 59 | by the Revenue Estimating Conference in paragraph (b) for the | 
| 60 | purposes specified in subsection (4). Moneys shall first be | 
| 61 | available for appropriation under this paragraph in fiscal year | 
| 62 | 2004-2005. | 
| 63 | (3)  By January 1, 2005, the Executive Office of the | 
| 64 | Governor shall develop plans for the Department of Insurance, | 
| 65 | the Office of Tourism, Trade, and Economic Development, and the | 
| 66 | Department of Community Affairs to enable those agencies to | 
| 67 | implement and administer the program established by this section | 
| 68 | by such agency. Each plan shall provide guidelines, procedures, | 
| 69 | requirements, criteria, and measures to enable the agency to | 
| 70 | effectively and with accountability satisfy elements of the | 
| 71 | plan. The Executive Office of the Governor shall submit copies | 
| 72 | of each plan to the Speaker of the House of Representatives, the | 
| 73 | President of the Senate, the Majority and Minority Leaders of | 
| 74 | the House of Representatives and the Senate, and the Chief | 
| 75 | Financial Officer for review and comment. | 
| 76 | (4)  The Legislature shall annually appropriate moneys | 
| 77 | authorized for appropriation under subsection (2) from the | 
| 78 | Hurricane Recovery Trust Fund of 2004 to: | 
| 79 | (a)  The Department of Insurance to assist residential | 
| 80 | property owners, including mobile home owners and owners of | 
| 81 | condominium or cooperative units, with expenses not covered by | 
| 82 | the Federal Emergency Management Agency and expenses resulting | 
| 83 | from multiple deductibles for hurricane damage on their insured | 
| 84 | residential property. | 
| 85 | (b)  The Office of Tourism, Trade, and Economic Development | 
| 86 | to provide grants or low-interest loans to small businesses. | 
| 87 | (c)  The Department of Community Affairs to: | 
| 88 | 1.  Assist counties and municipalities with their | 
| 89 | unreimbursable costs due to hurricane damage. | 
| 90 | 2.  Provide the required 5-percent match for the Federal | 
| 91 | Emergency Management Agency. | 
| 92 | 3.  Hold counties, municipalities, and school districts | 
| 93 | harmless for any property tax abatements resulting from | 
| 94 | hurricane damage. | 
| 95 | 4.  Provide local governments relief for other needs | 
| 96 | resulting from hurricane damage. | 
| 97 | (5)  Moneys provided to the Department of Insurance, the | 
| 98 | Office of Tourism, Trade, and Economic Development, and the | 
| 99 | Department of Community Affairs under this section are intended | 
| 100 | to supplement other funding sources of such agencies and may not | 
| 101 | supplant other funding sources of such agencies. | 
| 102 | (6)  By December 31 of each year, beginning in 2005, the | 
| 103 | Department of Insurance, the Office of Tourism, Trade, and | 
| 104 | Economic Development, and the Department of Community Affairs | 
| 105 | shall each provide a full report and accounting of their | 
| 106 | respective activities under this section for that calendar year, | 
| 107 | and an evaluation of such activities, to the Speaker of the | 
| 108 | House of Representatives, the President of the Senate, the | 
| 109 | Majority and Minority Leaders of the House of Representatives | 
| 110 | and the Senate, and the Chief Financial Officer. | 
| 111 | (7)  The Chief Financial Officer shall conduct annual | 
| 112 | financial, operational, and performance audits of the Department | 
| 113 | of Insurance, the Office of Tourism, Trade, and Economic | 
| 114 | Development, and the Department of Community Affairs to | 
| 115 | determine compliance with the plans developed by the Executive | 
| 116 | Office of the Governor for such agencies under this section and | 
| 117 | shall provide continuing oversight of the activities of such | 
| 118 | agencies in implementing such plans to ensure compliance with | 
| 119 | the intent and application of this section. The Chief Financial | 
| 120 | Officer shall submit a report of such audits to the Speaker of | 
| 121 | the House of Representatives and the President of the Senate | 
| 122 | prior to each regular session of the Legislature. | 
| 123 | (8)  This section expires January 1, 2009. | 
| 124 | Section 2.  This act shall take effect upon becoming a law. |