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The Florida Statutes

The 2009 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
Section 403.1651, Florida Statutes 2009

403.1651  Ecosystem Management and Restoration Trust Fund.--

1(1)  There is created the Ecosystem Management and Restoration Trust Fund to be administered by the Department of Environmental Protection for the purposes of:

(a)  Funding the detailed planning for and implementation of programs for the management and restoration of ecosystems.

(b)  Funding the development and implementation of surface water improvement and management plans and programs under ss. 373.451-373.4595.

(c)  Funding activities to restore polluted areas of the state, as defined by the department, to their condition before pollution occurred or to otherwise enhance pollution control activities.

(d)  Funding activities to restore or rehabilitate injured or destroyed coral reefs.

(e)  Funding activities by the department to recover moneys as a result of actions against any person for a violation of chapter 373.

(f)  Funding activities authorized for the implementation of the Leah Schad Memorial Ocean Outfall Program implemented in s. 403.086(9).

2(g)  Funding activities to preserve and repair the state's beaches as provided in ss. 161.091-161.212.

(2)  The trust fund shall be used for the deposit of all moneys recovered by the state:

(a)  As a result of actions against any person for a violation of chapter 373 or this chapter initiated by the department. No settlement entered into by the department shall limit the Legislature's authority to appropriate moneys from the trust fund; provided, however, that the department may enter into a settlement in which the department agrees to request that moneys received pursuant to the settlement will be included in its legislative budget request for purposes set out in the settlement; and provided further, that the department may enter into a settlement in cases involving joint enforcement with the Hillsborough County pollution control program, as a program approved by the department pursuant to s. 403.182, in which the department agrees that moneys are to be deposited into that local program's pollution recovery fund and used for projects directed toward addressing the environmental damage that was the cause of action for which funds were received and that are consistent with the purposes of the Ecosystem Management and Restoration Trust Fund.

(b)  For injury to or destruction of coral reefs, which moneys would otherwise be deposited into the General Revenue Fund or the Internal Improvement Trust Fund. The department may enter into settlement agreements that require responsible parties to pay a third party to fund projects related to the restoration of a coral reef, to accomplish mitigation for injury to a coral reef, or to support the activities of law enforcement agencies related to coral reef injury response, investigation, and assessment. Participation of a law enforcement agency in the receipt of funds through this mechanism shall be at the law enforcement agency's discretion.

(c)  From other sources otherwise specified by law.

History.--s. 1, ch. 96-176; s. 2, ch. 98-117; s. 8, ch. 2008-232; ss. 32, 33, ch. 2009-82; s. 58, ch. 2009-86.

1Note.--Section 33, ch. 2009-82, provides that "[t]he amendment to s. 403.1651(1), Florida Statutes, made by this act shall expire July 1, 2010, and the text of that subsection shall revert to that in existence on June 30, 2009, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to this section." Effective July 1, 2010, subsection (1), as amended by s. 33, ch. 2009-82, will read:

(1)  There is created the Ecosystem Management and Restoration Trust Fund to be administered by the Department of Environmental Protection for the purposes of:

(a)  Funding the detailed planning for and implementation of programs for the management and restoration of ecosystems.

(b)  Funding the development and implementation of surface water improvement and management plans and programs under ss. 373.451-373.4595.

(c)  Funding activities to restore polluted areas of the state, as defined by the department, to their condition before pollution occurred or to otherwise enhance pollution control activities.

(d)  Funding activities to restore or rehabilitate injured or destroyed coral reefs.

(e)  Funding activities by the department to recover moneys as a result of actions against any person for a violation of chapter 373.

(f)  Funding activities authorized for the implementation of the Leah Schad Memorial Ocean Outfall Program implemented in s. 403.086(9).

2Note.--Section 32, ch. 2009-82, added paragraph (1)(g) "[i]n order to implement Specific Appropriations 1690, 1691, 1692, 1694, and 1695" of the 2009-2010 General Appropriations Act.

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