1(1) 2The purpose of this section is to provide a mechanism to have financial resources immediately available for prevention of, and cleanup and rehabilitation after, a pollutant discharge, to prevent further damage by the pollutant, and to pay for damages. It is the legislative intent that this section be liberally construed to effect the purposes set forth, such interpretation being especially imperative in light of the danger to the environment and resources.
73(2) 74The Florida Coastal Protection Trust Fund is established, to be used by the department and the Fish and Wildlife Conservation Commission as a nonlapsing revolving fund.
100(3) 101The following funds shall be deposited into the Florida Coastal Protection Trust Fund:
114(a) 115All registration fees, penalties, judgments, damages recovered pursuant to s. 125376.121, 126other fees and charges related to ss. 133376.011134-135376.21, 136and the excise tax revenues levied, collected, and credited pursuant to ss. 148206.9935(1)149and 150206.9945(1)(a);
151(b) 152Proceeds of fines and awards of damages pursuant to s. 162161.054; 163and
164(c) 165Funds from other sources otherwise specified by law.
173(4) 174Charges against the fund shall be in accordance with this section.
185(5) 186Moneys in the fund that are not needed currently to meet the obligations of the department in the exercise of its responsibilities under ss. 210376.011211-212376.21213shall be deposited with the Chief Financial Officer to the credit of the fund and may be invested in such manner as is provided for by statute. Interest received on such investment shall be credited to the fund, except as otherwise specified herein.
256(6) 257Moneys in the Florida Coastal Protection Trust Fund may be used for the following purposes:
284(b) 285To pay administrative expenses, personnel expenses, and equipment costs of the department and the Fish and Wildlife Conservation Commission related to the enforcement of ss. 310376.011311-312376.21313.
314(c) 315All costs involved in the prevention and abatement of pollution related to the discharge of pollutants covered by ss. 334376.011335-336376.21337and the abatement of other potential pollution hazards as authorized herein.
348(d) 349All costs and expenses of the cleanup, restoration, and rehabilitation of waterfowl, wildlife, and all other natural resources damaged by the discharge of pollutants, including the costs of assessing and recovering damages to natural resources, whether performed or authorized by the department or any other state or local agency.
398(e) 399All provable costs and damages which are the proximate results of the discharge of pollutants covered by ss. 417376.011418-419376.21420.
421(f) 422Loans to the Inland Protection Trust Fund created in s. 432376.3071433.
434(g) 435The interest earned from investments of the balance in the Florida Coastal Protection Trust Fund shall be used for funding the administrative expenses, personnel expenses, and equipment costs of the department relating to the enforcement of ss. 472376.011473-474376.21475.
476(h) 477The funding of a grant program to local governments, pursuant to s. 489376.15(3)(d)490and (e), for the removal of derelict vessels from the public waters of the state.
505(i) 506The department may spend up to $1 million per year from the principal of the fund to acquire, design, train, and maintain emergency cleanup response teams and equipment located at appropriate ports throughout the state for the purpose of cleaning oil and other toxic materials from coastal waters. When the teams and equipment are not needed for these purposes they may be used for any other valid purpose of the department.
577(j) 578To provide a temporary transfer of funds in an amount not to exceed $10 million to the Minerals Trust Fund as set forth in s. 603376.40604.
605(k) 606Funding for marine law enforcement.
611(7) 612Any interest in lands acquired using moneys in the Florida Coastal Protection Trust Fund shall be held by the Trustees of the Internal Improvement Trust Fund, and such lands shall be acquired pursuant to the procedures set forth in s. 652253.025653.
654(8) 655The department shall recover to the use of the fund from the person or persons causing the discharge or from the Federal Government, jointly and severally, all sums owed or expended from the fund, pursuant to s. 692376.123(10), 693except that recoveries resulting from damage due to a discharge of a pollutant or other similar disaster shall be apportioned between the Florida Coastal Protection Trust Fund and the General Revenue Fund so as to repay the full costs to the General Revenue Fund of any sums disbursed therefrom as a result of such disaster. Requests for reimbursement to the fund for the above costs, if not paid within 30 days of demand, shall be turned over to the Department of Legal Affairs for collection.
History.-s. 11, ch. 70-244; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 11, ch. 74-336; s. 3, ch. 80-382; s. 4, ch. 81-228; s. 82, ch. 83-310; s. 14, ch. 83-339; s. 1, ch. 83-353; s. 4, ch. 84-338; s. 6, ch. 85-252; ss. 3, 8, 34, ch. 86-159; s. 81, ch. 86-163; s. 30, ch. 87-225; s. 3, ch. 89-175; s. 5, ch. 89-358; s. 17, ch. 90-54; s. 16, ch. 90-243; s. 1, ch. 91-194; s. 7, ch. 96-263; s. 45, ch. 96-321; s. 28, ch. 97-153; s. 2, ch. 97-259; ss. 19, 38, ch. 98-46; s. 51, ch. 99-245; s. 18, ch. 2000-157; s. 5, ch. 2000-211; s. 389, ch. 2003-261; s. 6, ch. 2006-309; s. 4, ch. 2014-143; s. 54, ch. 2015-229.
