Title: Hurricane Michael Funding

Summary: Requires certain sales & use taxes be transferred to trust fund for specified years; authorizes Governor to transfer funds to certain entities for specified purposes; requires Governor to review & make recommendations for funding certain relief & recovery activities; authorizes Auditor General to audit entities receiving funds; specifies procedures to be used if funds are improperly spent; providing for reversion of funds.

Full Text:
An act relating to Hurricane Michael funding; requiring that specified sales and use taxes be transferred to a specified trust fund for specified years; specifying the methodology to be used to determine the amount to be transferred and how adjustments are to made; authorizing the Governor to transfer funds to certain entities for specified purposes subject to notification to the Legislature; requiring the Governor to certify that certain criteria are met before such funds are transferred; specifying authorized uses of transferred funds; specifying limits on the state's contribution of certain projects and activities; requiring the Governor by a spec ified date to review and make recommendations for funding certain relief and recovery activities through the appropriations process; specifying unauthorized uses for transferred funds; specifying uses for transferred funds; authorizing the Auditor General to audit any entity receiving funds; specifying procedures to be used if funds are improperly spent; providing that unobligated balances in the trust fund revert to the Grants and Donations Trust Fund after a specified date; providing an effective date. HB 1101 2019 Be It Enacted by the Legislature of the State of Florida: Section 1. For fiscal years 2019-2020 through 2023-2024, the Comptroller is directed to transfer the sales tax accruing to the General Revenue Fund as a result of Hurricane Michael from the General Revenue Fund to the Grants and Donations Trust Fund within the Division of Emergency Management in the Executive Office of the Governor. Transfers to the trust fund shall be made monthly based on the latest official estimates as determined by the Revenue Estimating Conference for sales tax accruing to the benefit of the General Revenue Fund. Section 2. Subject to compliance with the provisions of this act, the Governor is authorized to transfer funds for Hurricane Michael relief and recovery a ctivities from the Grants and Donations Trust Fund to fund requests from Bay, Calhoun, Gadsden, Gulf, Jackson, Liberty, and Washington Counties, political subdivisions therein, state agencies, and the judicial branch in accordance with this act and the pro cedure for processing budget amendments established by s. 216.181, Florida Statutes, and after notice to and consultation with the Legislature as required therein. The Governor may authorize such transfer upon his certification: (1) That funding requeste dby the local government, state agency, or judicial branch is necessary to maintain services or HB 1101 2019 infrastructure essential to support health, safety, and welfare functions, and to reimburse the local government, state agency, or judicial branch for unantici pated expenses related thereto incurred in responding to Hurricane Michael or for loss of revenues related thereto due to the impact of Hurricane Michael, until such time as the Legislature can act. (2) That should sufficient funds become available to me et the need of the original budget amendment: (a) The local government has agreed to reimburse the state in the amount of such funds subsequently received; or (b) The state agency or judicial branch may not obligate such subsequently received funds and will notify the Governor and the Legislature of their availability. (3) That funding requested by a state agency for services provided by nongovernmental entities are limited to nonprofit organizations that are exempt from federal income tax under s. 501(c)(3) of the Internal Revenue Code and that are in good financial standing. Transfers authorized by the Governor after his certification that the criteria specified in subsections (1), (2), and (3) have been met may include transfers for hazard mitigati on; infrastructure and housing repairs and replacement; flood elevation repairs for residential structures required to be elevated to the base flood elevation by flood plain management HB 1101 2019 regulations adopted under federal law and local ordinances enacted in compliance with federal law, except that in no event shall the state's contribution be more than percent of the cost of any structural elevation project; operating deficits; public health, environmental, and business assistance programs; social and rehab ilitative service delivery systems; economic development programs; and housing assistance programs. Section 3. By February 1, 2020, the Governor shall examine all other requests for funding relief and recovery activities related to Hurricane Michael an drequests made pursuant to section that do not result in the transfer of funds, and shall make his recommendations for fiscal years 2019-2020 and 2023 2024 to the Legislature. Such recommendations may include issues relating to education, health, public safety, social and rehabilitative service delivery systems, assistance to minority business enterprises, cultural affairs, historic preservation, the environment, natural resources, housing, and economic development. Section 4. Funds transferred pursu ant to this act may not be expended for property lost due to criminal activity or for lost wages incurred by a person other than a public employee. Section 5. An entity receiving funds as provided in this act may use those funds only for purposes direc tly associated with relief, recovery, or rebuilding resulting from Hurricane Michael or as otherwise authorized by this act. All entities HB 1101 2019 receiving funds as provided in this act are subject to audit by the Auditor General upon reasonable notice. If the Aud itor General finds that any of the funds were not spent in accordance with this act, the Comptroller shall offset any future disbursements due until the improperly expended funds are fully reimbursed. If funds are not available to offset improper expenditu res, the Governor or Attorney General may bring an action to recover improperly expended funds. Jurisdiction for such action is in the circuit court. Section 6. Any unobligated balance from the original transfer remaining within the Grants and Donation sTrust Fund on June 30, 2025, shall be transferred to unallocated general revenue. Section 7. This act shall take effect July 1, 2019.