| 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 2005; 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 2005 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 2005.-- |
| 37 | (1) The Legislature finds and declares that the 2005 |
| 38 | hurricane season was uniquely devastating to the residents and |
| 39 | economy of the state. Hurricanes Charley, Frances, Ivan, and |
| 40 | Jeanne caused extensive damage to property and infrastructure |
| 41 | and though much reconstruction and rebuilding is accomplished, |
| 42 | much remains to be done. It is the intent of this section to |
| 43 | assist in that reconstruction and rebuilding effort. |
| 44 | (2)(a) The Hurricane Recovery Assistance Program of 2005 |
| 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 2005, 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 July 1, 2005, the Executive Office of the Governor |
| 64 | shall develop plans for the Department of Insurance, the Office |
| 65 | of Tourism, Trade, and Economic Development, and the Department |
| 66 | of Community Affairs to enable those agencies to implement and |
| 67 | administer the program established by this section by such |
| 68 | 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 2005 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, 2010. |
| 124 | Section 2. This act shall take effect upon becoming a law. |