Senate Bill sb2594

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    Florida Senate - 2007                                  SB 2594

    By Senator Gaetz





    4-1551-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to hurricane-relief funding;

  3         amending s. 252.37, F.S.; providing an

  4         exception to the time limit for application by

  5         a local government for a waiver of all or a

  6         portion of the required match for financial

  7         assistance from the Federal Government under

  8         the federal Public Assistance Program;

  9         providing for expiration of the exception;

10         providing an effective date.

11  

12         WHEREAS, the 2004 hurricane season was one of the

13  deadliest in history for the State of Florida, with the state

14  enduring Tropical Storm Bonnie and Hurricanes Charley,

15  Frances, Ivan, and Jeanne all within a very compressed period

16  of time and incurring tremendous devastation as a consequence

17  of those storms, and

18         WHEREAS, immediately following the occurrence of

19  Hurricane Ivan, the Governor's Office issued Executive Order

20  04-229 on October 8, 2004, and

21         WHEREAS, Executive Order 04-229 states in part that, on

22  October 7, 2004, the President of the United States authorized

23  federal funds for public assistance under the Robert T.

24  Stafford Disaster Relief and Emergency Assistance Act, 42

25  U.S.C. s. 5121 (the Stafford Act), and

26         WHEREAS, section 252.37, Florida Statutes, 2003,

27  authorized the Governor to expend any grants, gifts, or

28  payments in aid of emergency prevention, mitigation,

29  preparedness, response, or recovery, and

30  

31  

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    Florida Senate - 2007                                  SB 2594
    4-1551-07                                               See HB




 1         WHEREAS, the funds authorized by the President on

 2  October 7, 2004, under the Stafford Act constituted such a

 3  grant, gift, or payment, and

 4         WHEREAS, former Governor of Florida, Jeb Bush, in

 5  issuing Executive Order 04-229, directed that the nonfederal

 6  share of the total eligible costs for public assistance under

 7  the Stafford Act be divided equally between the state and the

 8  affected local governments eligible for such public

 9  assistance, and

10         WHEREAS, Executive Order 04-229 also provides that "the

11  Executive Office of the Governor may approve a waiver of all

12  or a portion of the local match, subject to legislative notice

13  and review under section 216.177, Florida Statutes, if it is

14  determined that such a match cannot be provided or that doing

15  so would effect a documented hardship on the local entity,

16  provided that the local government applies for the waiver by

17  no later than September 24, 2006," and

18         WHEREAS, Executive Order 04-229 went into effect on

19  October 8, 2004, and was scheduled to expire on October 8,

20  2006, unless extended, and

21         WHEREAS, in response to the devastation of the 2004

22  hurricane season, the Florida Legislature held the 2004

23  Special Session A of the Legislature from December 13, 2004,

24  through December 16, 2004, and

25         WHEREAS, on December 16, 2004, the Florida Legislature

26  passed House Bill 19-A, relating to hurricane-relief funding,

27  which was approved by the Governor on December 21, 2004, and

28         WHEREAS, House Bill 19-A created section 252.37(5)(b),

29  Florida Statutes, which provided that "the Executive Office of

30  the Governor may approve a waiver, subject to the requirement

31  for legislative notice and review under s. 216.177, of all or

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    Florida Senate - 2007                                  SB 2594
    4-1551-07                                               See HB




 1  a portion of the required match for public assistance projects

 2  for local governments if the Executive Office of the Governor

 3  determines that such a match requirement cannot be provided,

 4  or that doing so would impose a documented hardship on the

 5  local government, and if the local government applies for the

 6  waiver within the first 18 months after the disaster is

 7  declared," and

 8         WHEREAS, section 252.37(5)(b), Florida Statutes, as

 9  created by House Bill 19-A, 2004 Special Session A of the

10  Florida Legislature, clearly establishes the filing deadline

11  for local match waivers as being 18 months after the

12  declaration of a disaster, and

13         WHEREAS, this deadline was enacted into law in conflict

14  with the deadline of September 24, 2006, established under

15  Executive Order 04-229, and

16         WHEREAS, because the state of emergency resulting from

17  Hurricane Ivan was declared on September 10, 2004, the

18  deadline for a local government to apply for the waiver of all

19  or a portion of the required match for public assistance

20  projects under section 252.37(5)(b), Florida Statutes, was

21  March 10, 2006, a full 6 months earlier than the deadline of

22  September 24, 2006, set forth in Executive Order 04-229, and

23         WHEREAS, though the passage of House Bill 19-A moved

24  the deadline for local governments to apply for the waiver of

25  the required match for public assistance projects ahead by a

26  full 6 months, no direct notice of this change in the deadline

27  was ever provided to such applicants, and substantially

28  identical local match waiver application forms were issued,

29  and

30         WHEREAS, to this date, no press releases notifying the

31  public of this change have been discovered, nor have any

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    Florida Senate - 2007                                  SB 2594
    4-1551-07                                               See HB




 1  postings of the change been found on any relevant Internet

 2  websites, and

 3         WHEREAS, the City of Gulf Breeze in Santa Rosa County

 4  filed its local match waiver application form for damages

 5  resulting from Hurricane Ivan on September 1, 2006, relying on

 6  information from the original form made available to them

 7  which specifically sets forth September 24, 2006, as the

 8  deadline for the application, and

 9         WHEREAS, though the application was clearly timely

10  filed in accordance with the application deadline established

11  in Executive Order 04-229, the waiver application for the City

12  of Gulf Breeze was summarily rejected without evaluation as

13  failing to be in conformance with the deadline of March 10,

14  2006, established in section 252.37(5)(b), Florida Statutes,

15  and

16         WHEREAS, subsequent correspondence between the City of

17  Gulf Breeze and the Governor's Office under then Governor Jeb

18  Bush indicated "that the Governor would not object to a narrow

19  extension of the statutory 18-month timeframe as it applies to

20  the 2004 hurricanes - Charley, Frances, Ivan, and Jeanne,"

21  NOW, THEREFORE,

22  

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

24  

25         Section 1.  Subsection (5) of section 252.37, Florida

26  Statutes, is amended to read:

27         252.37  Financing.--

28         (5)  Unless otherwise specified in the General

29  Appropriations Act:

30         (a)  Whenever the state accepts financial assistance

31  from the Federal Government or its agencies under the federal

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    Florida Senate - 2007                                  SB 2594
    4-1551-07                                               See HB




 1  Public Assistance Program and such financial assistance is

 2  conditioned upon a requirement for matching funds, the state

 3  shall provide the entire match requirement for state agencies

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

 5  governments. The affected local government shall be required

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

 7  such financial assistance.

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

 9  waiver, subject to the requirement for legislative notice and

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

11  match for public assistance projects for local governments if

12  the Executive Office of the Governor determines that such a

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

14  impose a documented hardship on the local government, and,

15  except as provided in paragraph (c), if the local government

16  applies for the waiver within the first 18 months after the

17  disaster is declared.

18         (c)  A local government that applied for a waiver of

19  all or a portion of the required match for public assistance

20  projects in compliance with the deadline for such application

21  established by Executive Order 04-229, issued on October 8,

22  2004, and whose application was rejected for failure to meet

23  the deadline established pursuant to paragraph (b) is eligible

24  to make application for such waiver until midnight on January

25  1, 2008. The provisions of this paragraph shall expire and be

26  void on July 1, 2008.

27         Section 2.  This act shall take effect upon becoming a

28  law.

29  

30  

31  

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