HB 0013A

1	A bill to be entitled
2	An act relating to the restoration of hurricane-damaged
3	beaches and dunes; providing legislative findings with
4	respect to hurricane damage to the state's beach and dune
5	systems; requiring the Department of Environmental
6	Protection to provide a report on the repair and
7	restoration of the state's beaches and dunes to the
8	Governor and Legislature; providing appropriations;
9	requiring a local match for certain appropriations;
10	limiting the local match to counties and municipalities
11	with a certain per capita personal income level;
12	authorizing the Executive Office of the Governor to
13	approve a waiver under certain conditions; restricting
14	full release of funds until certain local match
15	requirements are met; requiring that the Executive Office
16	of the Governor provide prior notice to the Legislative
17	Budget Commission of allocations from lump-sum
18	appropriations to appropriation categories; authorizing
19	the department to redistribute funds among activities and
20	projects; requiring that the department provide prior
21	notice of and justification for such redistribution to the
22	Governor and Legislature; directing the department to take
23	the necessary steps to ensure the timely implementation
24	and completion of certain beach repair and restoration
25	projects; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  The Legislature finds that Florida's beach and
30	dune systems were adversely affected by Hurricanes Charley,
31	Frances, Ivan, and Jeanne and Tropical Storm Bonnie which struck
32	the state during 2004. The Legislature further finds that in
33	order to begin the recovery of these systems, the Department of
34	Environmental Protection developed the 2004 Hurricane Recovery
35	Plan for Florida's Beach and Dune System, hereinafter referred
36	to as "the plan," dated November 30, 2004, for the repair and
37	restoration of the state's beaches and dunes.
38	Section 2.  The Department of Environmental Protection
39	shall provide a report to the Legislature no later than February
40	11, 2005, describing the progress made to date on the plan's
41	activities and beach and dune repair and restoration projects.
42	The report must include the dollars spent, percentage of the
43	project's completion, and funding impacts on the 2005-2006
44	fiscal year budget. The report must be submitted to the
45	Executive Office of the Governor, the President of the Senate,
46	and the Speaker of the House of Representatives.
47	Section 3.  (1)  For the 2004-2005 fiscal year only, $64.6
48	million from the General Revenue Fund and $3.8 million from the
49	Land Acquisition Trust Fund are appropriated in fixed capital
50	outlay for the purpose of implementing the plan's activities and
51	beach and dune repair and restoration projects.
52	(2)  Of the $64.6 million appropriated from the General
53	Revenue Fund, the $53.8 million for beach and dune restoration
54	studies shall require a local match of 10 percent for
55	enhancement and expansion of projects contained in the plan.
56	(a)  The local match requirement shall not apply to any
57	county, or municipality within such county, with a per capita
58	personal income level below the state's per capita personal
59	income level, as published by the United States Department of
60	Commerce. In addition, the Executive Office of the Governor may
61	approve a waiver, subject to the requirement for legislative
62	notice and review under s. 216.177, Florida Statutes, of all or
63	a portion of the required local match for any local government.
64	The Executive Office of the Governor must determine that such a
65	match requirement cannot be provided or that doing so would
66	impose a documented hardship on the local government.
67	(b)  The Department of Environmental Protection shall not
68	release the final 25 percent of state funds to be provided to
69	any local government for beach and dune restoration studies
70	until that local government has met local match requirements
71	pursuant to this section.
72	(3)  Notwithstanding the provisions of s. 216.177, Florida
73	Statutes, requiring a 14-day notice for interim budget actions,
74	and pursuant to s. 216.351, Florida Statutes, the Executive
75	Office of the Governor shall provide notice of the allocation of
76	the lump-sum appropriations authorized by this act into
77	traditional appropriations categories to the chair and vice
78	chair of the Legislative Budget Commission at least 3 working
79	days prior to the effective date of such allocation.
80	Section 4.  The Department of Environmental Protection is
81	authorized to redistribute the funds appropriated in this act
82	among activities and projects, as necessary, to efficiently and
83	effectively implement the plan and to leverage federal and local
84	matching funds. Funds from these appropriations must be used to
85	implement the plan until completed or until the funds have been
86	exhausted. The department shall provide a written description
87	and justification 5 days prior to any redistribution of project
88	funds within the plan to the Executive Office of the Governor,
89	the President of the Senate, and the Speaker of the House of
90	Representatives.
91	Section 5.  The Department of Environmental Protection is
92	directed to take the necessary steps to ensure the timely
93	implementation and completion of beach and dune repair and
94	restoration projects included within the 2004 Hurricane Recovery
95	Plan for Florida's Beach and Dune System. These steps shall
96	include, but not be limited to, the issuance of applicable
97	emergency permits and rule waivers consistent with current
98	executive authority.
99	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.