HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7021 PCB EAF 21-02 Resilient Florida Trust Fund/DEP
SPONSOR(S): Environment, Agriculture & Flooding Subcommittee, Busatta Cabrera
TIED BILLS: CS/HB 7019 IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Environment, Agriculture & Flooding 18 Y, 0 N Melkun Moore
Subcommittee
1) Agriculture & Natural Resources Appropriations 12 Y, 0 N White Pigott
Subcommittee
2) State Affairs Committee 19 Y, 0 N Melkun Williamson
SUMMARY ANALYSIS
Article III, s. 19(f) of the Florida Constitution governs the creation of trust funds and provides that no trust fund
of the state or other public body may be created without a three-fifths vote of the membership of each house of
the Legislature in a separate bill for that purpose only.
The bill creates the Resilient Florida Trust Fund within the Department of Environmental Protection (DEP).
The bill specifies that moneys deposited in the trust fund are available as a funding source for DEP for the
Resilient Florida Grant Program and the Statewide Flooding and Sea Level Rise Resilience Plan, including
costs to operate the grant program, to develop the plan, and to provide grants to regional resilience coalitions.
The bill also authorizes DEP to use moneys deposited in the trust fund for administrative and operational costs
of the Florida Flood Hub for Applied Research and Innovation and coastal resilience initiatives.
The bill requires the Resilient Florida Trust Fund to terminate on July 1, 2025, unless terminated sooner.
Before its scheduled termination, the bill requires the trust fund to be reviewed.
Creation and administration of a new trust fund will have insignificant administrative costs on DEP that can be
absorbed within existing resources.
Article III, s. 19(f) of the Florida Constitution requires every trust fund to be created by a three-fifths
vote of the membership of each house of the Legislature in a separate bill for the sole purpose of
creating a trust fund.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h7021c.SAC
DATE: 3/25/2021
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Trust Funds
A trust fund may be created by law only by the Legislature and only if passed by a three-fifths vote of
the membership of each house in a separate bill for that purpose only.1 Except for trust funds being re-
created by the Legislature, each trust fund must be created by statutory language that specifies at least
the following:
 The name of the trust fund.
 The agency or branch of state government responsible for administering the trust fund.
 The requirements or purposes that the trust fund is established to meet.
 The sources of moneys to be credited to the trust fund or specific sources of receipts to be
deposited in the trust fund.2
Pursuant to art. III, s. 19(f)(2) of the Florida Constitution, state trust funds must terminate not more than
four years after the effective date of the act authorizing the initial creation of the trust fund. However,
the Legislature may set a shorter period for which any trust fund is authorized.
Review of Trust Funds
Prior to the regular session of the Legislature immediately preceding the date on which any executive
or judicial branch trust fund is scheduled to be terminated, the agency responsible for the
administration of the trust fund and the Governor, for executive branch trust funds, or the Chief Justice,
for judicial branch trust funds, must recommend to the Legislature whether a trust fund should be
terminated or re-created.3 Each recommendation must be based on a review of the purpose and use of
the trust fund and a determination of whether the trust fund will continue to be necessary. A
recommendation to re-create the trust fund may include suggested modifications to the purpose,
sources of receipts, and allowable expenditures for the trust fund.4
If the trust fund is terminated, all cash balances and income of the trust fund are deposited into the
General Revenue Fund.5 The agency or Chief Justice pays the outstanding debts of the trust fund, and
the Chief Financial Officer closes out and removes the trust fund from the state financial systems.6
Statewide Flooding and Sea Level Rise Resilience
With 1,350 miles of coastline and relatively low elevations, Florida is particularly vulnerable to coastal
flooding.7 Coastal communities are experiencing high-tide flooding events with increasing frequency
because sea level rise increases the height of high tides.8 In the United States, sea level rise and
flooding threaten an estimated $1 trillion in coastal real estate value, and analysts estimate that Florida
could lose more than $300 billion in property value by the year 2100.9
1
Article III, s. 19(f)(a) of the Florida Constitution.
2
Section 215.3207, F.S.
3
Section 215.3206(1), F.S.
4
Id.
5
Section 215.3206(2), F.S.
6
Id.
7
Florida Division of Emergency Management, Enhanced State Hazard Mitigation Plan, State of Florida [hereinafter “SHMP”]
(2018), 107-108, 162, available at https://www.floridadisaster.org/globalassets/dem/mitigation/mitigate-fl--shmp/shmp-2018-
full_final_approved.6.11.2018.pdf (last visited Jan. 25, 2021).
8
SHMP at 108, 101; National Oceanic and Atmospheric Administration, High-Tide Flooding, available at
https://toolkit.climate.gov/topics/coastal-flood-risk/shallow-coastal-flooding-nuisance-flooding (last visited Jan. 25, 2021).
9
U.S. Global Change Research Program, Fourth National Climate Assessment (2018), 324, 758, available at
https://nca2018.globalchange.gov/downloads/NCA4_2018_FullReport.pdf (last visited Jan. 25, 2021).
STORAGE NAME: h7021c.SAC PAGE: 2
DATE: 3/25/2021
 HB 7019, to which this bill is linked, includes various provisions aimed at addressing threats to the state
from flooding and sea level rise. Specifically, the bill creates the Resilient Florida Grant Program, which
authorizes the Department of Environmental Protection (DEP) to provide grants to local governments to
fund the costs for community resilience planning to prepare for threats from flooding and sea level rise.
The bill also requires DEP to annually develop a three-year Statewide Flooding and Sea Level Rise
Resilience Plan, to be submitted to the Governor and the Legislature, that consists of ranked projects
that address risks of flooding and sea level rise to coastal and inland communities.
In addition, the bill creates the Florida Flood Hub for Applied Research and Innovation within the
University of South Florida College of Marine Science. The hub must organize existing data needs,
coordinate research funds, establish community-based programs to improve flood monitoring and
prediction, and develop opportunities to partner with other flood and sea level rise research and
innovation leaders.
Lastly, the bill authorizes counties and municipalities to enter into agreements to form regional
resilience coalitions for the purpose of planning for the resilience needs of communities and
coordinating intergovernmental solutions to mitigate adverse impacts of flooding and sea level rise.
Effect of the Bill
The bill creates the Resilient Florida Trust Fund within DEP.
The bill specifies that moneys deposited in the trust fund are available as a funding source for DEP for
the Resilient Florida Grant Program and the Statewide Flooding and Sea Level Rise Resilience Plan,
including costs to operate the grant program, to develop the plan, and to provide grants to regional
resilience coalitions. The bill also authorizes DEP to use moneys deposited in the trust fund for
administrative and operational costs of the Florida Flood Hub for Applied Research and Innovation and
coastal resilience initiatives.
The bill specifies that the Resilient Florida Trust Fund must be terminated on July 1, 2025, unless
terminated sooner. Before its scheduled termination, the bill requires the trust fund to be reviewed.
B. SECTION DIRECTORY:
Section 1. Effective July 1, 2021, creates s. 380.0935, F.S., to create the Resilient Florida Trust
Fund.
Section 2. Provides an effective date of on the same date that HB 7019 or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension
thereof and becomes law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Creation and administration of a new trust fund will have insignificant administrative costs on DEP
that can be absorbed within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
STORAGE NAME: h7021c.SAC PAGE: 3
DATE: 3/25/2021
 2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h7021c.SAC PAGE: 4
DATE: 3/25/2021