ENVIRONMENTAL PROTECTION FUND

Jacksonville Ordinance Code tit. X, ch. 360, pt. 6

in effect

Jacksonville Ordinance Code § 360.601 Environmental Protection Fund created.

Sec. 360.601. - Environmental Protection Fund created. There is created an Environmental Protection Fund, hereinafter referred to as the Fund, which is to be supervised and used by the Board for the purposes described in Section 360.602 below. The Fund shall consist of: (a) Fines collected by the City under Section 360.308. (b) Moneys received as a result of an administrative or judicial proceeding under Section 360.408, except that moneys collected as administrative costs or attorney's fees or costs of litigation shall be paid directly to the City. (c) Moneys recovered as punitive damages under Section 360.502. (d) Moneys recovered by the City as civil penalties under Chapter 362, Chapter 368 or Chapter 376. (Ord. 84-674-684, § 1; Ord. 91-902-417, § 2; Ord. 97-551-E, § 2)

Jacksonville Ordinance Code § 360.602 Uses of Fund.

Sec. 360.602. - Uses of Fund. The money in the Fund shall be used for the following purposes: (a) To pay the amounts necessary to restore the respective polluted areas which were the subjects of Board action pursuant to Section 360.408. (b) To pay for work needed to restore areas which require more money than the Board was able to obtain by court action or otherwise or to restore areas in which the Board brought suit but was unable to recover any moneys from the alleged violators. (c) To recover the costs and expenses of the Board in administering the Fund. (d) In remittitur to violators as provided in Section 360.408(i). (e) To pay for the removal or remedial actions undertaken by the Director, pursuant to the authority of Section 360.408(b), not to exceed $50,000 for each occurrence, unless the Board approves a greater amount. (f) To fund education and outreach activities, studies, surveys, tests and investigations, as necessary, to implement the duties of the Board, as defined in Section 73.102, Ordinance Code. Such education and outreach activities, studies, surveys, tests and investigations may be conducted by the Department or by entities approved by the Board or by independent contractors and consultants retained for such purposes. Any studies, surveys, tests and investigations shall be special projects of a unique, onetime nature, and shall not be continuing, or ongoing duties, or programs of the Department. Prior to authorizing the use of such funds, pursuant to Section 360.604(c), the Board shall specify the extent, the anticipated use, and if possible, a listing of who may perform such activities as listed herein. After this information is developed, when appropriate, the Board shall provide public notice and an opportunity for hearing and consideration of public comments on the request(s) for and the use of such funds for the proposed activities as listed herein. In no event may such funds be obligated that will reduce funds available for removal and remedial actions, as provided for in Section 360.602(e) below $100,000. (Ord. 84-674-684, § 1; Ord. 91-902-417, § 3; Ord. 2011-274-E, § 1)

Jacksonville Ordinance Code § 360.603 Peripheral matters and limitations.

Sec. 360.603. - Peripheral matters and limitations. Uses of the Fund under Section 360.602 include: (a) The costs of assessing both short-term and long-term injury to, destruction of or loss of natural resources resulting from an action in violation of this Chapter, Chapter 362, Chapter 368 or Chapter 376, an attainment plan or compliance plan, the rules or an order of the Board or an order of the Director. (b) The costs of City efforts in the restoration, rehabilitation or replacement or acquiring the equivalent of a natural resource injured, destroyed or lost as a result of a violation of this Chapter, Chapter 362, Chapter 368 or Chapter 376, an attainment plan or compliance plan, the rules or an order of the Board or an order of the Director. (c) Subject to such amounts as are provided in appropriations, the costs of providing equipment and similar overhead, related to the purposes of this Chapter and Chapters 362, 368 and 376 and needed to supplement equipment and services available through contractors or other noncity entities, and of establishing and maintaining damage assessment capability for the Division and other City agencies involved in pollution response teams under an attainment plan. (d) Subject to such amounts as are provided in appropriations, the costs of a program to protect the health and safety of employees involved in response to pollution incidents. (e) The cost of environmental impact assessments and economic analyses required by the Mayor under Section 360.107(e). (Ord. 84-674-684, § 1)

Jacksonville Ordinance Code § 360.604 Funding requirements.

Sec. 360.604. - Funding requirements. (a) Obligations against the Fund shall arise only when the Board has approved the payment of an amount authorized under Section 360.602. With respect to costs involved in restoring polluted areas under Section 360.602(a) and (b), and except in a situation requiring action to avoid an irreversible loss of natural resources or to prevent or reduce a continuing danger to natural resources or similar need for emergency action, funds may not be used under this Part for the restoration, rehabilitation or replacement or acquiring the equivalent of a natural resource until a plan for the use of the funds for this purpose has been developed and approved by the Board, after adequate public notice and opportunity for hearing and consideration of public comments. (b) Obligations against the Fund shall not be valid or paid in excess of the total money in the Fund at any one time. These obligations become valid only when additional money is collected, appropriated or otherwise added to the Fund. Should the total obligations outstanding at any one time exceed the current balance of the Fund, the Board shall pay the obligations, to the extent authorized under this Section, in full in the order in which they were finally determined. (c) Disbursements from the Fund shall be authorized by the chairman of the Board upon approval of the Board. The moneys in the Fund are subject to appropriation by the Council for the purposes of the Fund. In the case of emergency action under Section 360.408 or Section 360.409 to avoid an irreversible loss of natural resources or to prevent or reduce a continuing danger to natural resources or similar need for emergency action, the Board may authorize, without prior Council approval being necessary, the expenditure of not exceeding $50,000 for each occurrence from funds not otherwise appropriated in the Fund and, to the extent that these funds are so used, they are hereby appropriated for the emergency action. Emergency expenditures under this subsection shall immediately be reported to the Council Auditor. (Ord. 84-674-684, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXENAF_CH360ENRE_PT6ENPRFUFetched: 10/27/2026