§ 24-40. Biscayne Bay Environmental Enhancement Trust Fund.

There is hereby created a Biscayne Bay Environmental Enhancement Trust Fund, the monies of which shall be disbursed only for the environmental enhancement of Biscayne Bay and its foreshore, consistent with the objectives adopted by this Board by Resolution R-1610-79, as may be amended from time to time; the prioritized list of projects adopted by this Board by Resolution R-1609-79, as may be amended from time to time; and with the forthcoming comprehensive Biscayne Bay management plan. Recognizing that certain environmental enhancement activities in the coastal waters of the County beyond Biscayne Bay have positive environmental benefits to Biscayne Bay, monies from the Biscayne Bay Environmental Enhancement Trust Fund may also be used for the following limited environmental enhancement activities in the coastal waters of the County beyond Biscayne Bay: installation, maintenance, or management of artificial reefs and mooring buoys.

(1)

Definitions:

(a)

Excess monies shall be defined as those monies which are necessary to enhance the particular area(s) of Biscayne Bay or the foreshore or coastal waters of the County beyond Biscayne Bay, which are environmentally damaged or degraded, and which remain in the trust fund after all monies from a particular action, claim, assessment, grant, appropriation, allocation, permit condition or donation have been disbursed.

(b)

Environmental enhancement shall be defined as restoration or improvement of natural and indigenous habitats within Biscayne Bay or its foreshore or the coastal waters of the County beyond Biscayne Bay through the establishment, restoration or improvement of biological communities in order to increase the net habitat value of the bay. Environmental enhancement may also be defined as those alterations in hydrodynamics, water and sedimentary chemistry that may be necessary to establish or reestablish natural and indigenous biotic communities within Biscayne Bay or its foreshore or the coastal waters of the County beyond Biscayne Bay. Further, it is presumed that those enhancement activities contemplated by the forthcoming comprehensive Biscayne Bay management plan, the prioritized list of projects (except studies) as adopted by Resolution R-1609-79, as may be amended from time to time; and those projects consistent with the objectives adopted by Resolution R-1610-79, as may be amended from time to time; are for the environmental enhancement of Biscayne Bay and its foreshore and qualify for funding from this trust fund. The activities in the coastal waters of the County beyond Biscayne Bay which qualify for funding from this trust fund shall be limited only to the installation, maintenance, or management of either artificial reefs or mooring buoys.

(c)

Mitigation includes any of the following:

(i)

Avoiding the impact altogether by not taking a certain action or parts of an action;

(ii)

Minimizing impacts by limiting the degree or magnitude of the action or its implementation;

(iii)

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(iv)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(v)

Compensating for the impact by replacing or providing substitute resources or environments.

(2)

Said trust fund shall be kept and maintained in trust by the Board of County Commissioners for the purposes set forth in this section in a separate and segregated fund of the County which shall not be commingled with other County funds until disbursed for an authorized purpose pursuant to this section.

(3)

Said trust fund shall consist of the following monies and shall be disbursed in accordance with all provisions of this section and in accordance with the following requirements:

(a)

All monies available to or recovered by the County from enforcement and damage actions and claims against persons who have environmentally damaged or degraded Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay:

(i)

Such monies shall be first disbursed for the environmental enhancement of the particular area(s) of Biscayne Bay or its foreshore damaged or degraded unless enhancement in the particular area(s) is clearly shown to be not possible. In the event of the latter, such monies shall be disbursed for environmental enhancement of other area(s) of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay.

(ii)

Any excess monies derived from such enforcement and damage actions and claims may be disbursed for environmental enhancement of other areas of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay as authorized and approved by resolution of the Board of County Commissioners.

(b)

All monies available to and received by Miami-Dade County from environmental mitigation assessments from all private persons and all governmental bodies, units, agencies, authorities and departments, including, but not limited to, Miami-Dade County, for environmental damage or degradation to Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay:

(i)

Such monies shall be disbursed for environmental enhancement of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay as authorized and approved by resolution of the Board of County Commissioners. However, if mitigation activities are specified as conditions of any permit, then said mitigation funds shall be used as required by the permit conditions, without the necessity of the Board of County Commissioners' approval, appropriation, or action of any kind.

(c)

All monies offered to and accepted by Miami-Dade County for the environmental enhancement of Biscayne Bay or its foreshore, or for the installation, maintenance, or management of artificial reefs and mooring buoys in the coastal waters of the County beyond Biscayne Bay, in the form of federal, State, and other governmental grants, allocations, and appropriations as well as foundation and private grants and donations:

(i)

Such monies shall be disbursed for the environmental enhancement of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay strictly in accordance with terms and conditions of the grant, allocation, appropriation, or donation and shall be earmarked accordingly.

(ii)

Any excess monies derived from such grant, allocation, appropriation, or donation shall be disbursed or allocated in accordance with the terms and conditions, if any, of such grant, allocation, appropriation, or donation. If no such terms or conditions attach to such excess, then such excess, if any, shall be disbursed for the environmental enhancement of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay as authorized and approved by resolution of the Board of County Commissioners.

(4)

Unless otherwise specified herein, no disbursements whatsoever shall be made from the Biscayne Bay Environmental Enhancement Trust Fund until and unless authorized and approved by resolution of the Board of County Commissioners. Prior to authorizing and approving said disbursements, the Board of County Commissioners shall receive and consider the recommendations of the County Mayor. The County Mayor, prior to making any such recommendations, shall receive and consider the recommendations of the Department pertaining to the proposed particular disbursement for environmental enhancement of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay. The Finance Director is hereby authorized to establish the Biscayne Bay Environmental Enhancement Trust Fund and to receive monies therefor in accordance with provisions of this section and shall disburse monies from said trust fund only upon authorization pursuant to resolution of the Board of County Commissioners.

(5)

Unless otherwise restricted by the terms and conditions of a particular grant, gift, appropriation, allocation, or permit condition, all interest earned by the investment of all monies in the trust fund shall be disbursed by resolution of the Board of County Commissioners for any project authorized by the Board which will environmentally enhance Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay, in accordance with this section. Trust fund moneys shall be invested only in accordance with the laws pertaining to the investment of County funds.

(6)

No moneys or interest accrued in such trust fund shall be disbursed for environmental studies of Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay unless required by the terms and conditions of a particular grant, donation, appropriation, allocation, or permit condition.

(7)

Decisions to grant or deny permits for any activities within Biscayne Bay or its foreshore or coastal waters of the County beyond Biscayne Bay shall be made without consideration of the existence of this trust fund. Each application for any permit must be evaluated independently of the existence of this fund or offers of donation of moneys thereto.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 18-30, § 1, 3-6-18)