Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1638
       
       
       
       
       
       
                                Ì821044wÎ821044                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Fiscal Policy (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 380.095, Florida Statutes, is created to
    6  read:
    7         380.095Dedicated funding for conservation lands,
    8  resiliency, and clean water infrastructure.
    9         (1)LEGISLATIVE INTENT.—The Legislature recognizes that the
   10  conservation and preservation of the land and water resources of
   11  this state are essential to maintaining the quality of life
   12  enjoyed by Floridians and to sustaining and growing a thriving
   13  state economy, including legacy industries such as tourism,
   14  agriculture, and fishing.
   15         (a) The Legislature recognizes that historic investments in
   16  land conservation have fostered and will continue to foster the
   17  preservation of Florida’s heritage, allow for the strategic
   18  expansion and interconnectivity of the Florida wildlife
   19  corridor, and promote the protection of crucial habitat
   20  necessary for the survival, protection, and recovery of
   21  threatened and endangered native species, including the Florida
   22  panther.
   23         (b) The Legislature further recognizes that as the state
   24  acquires land, the state needs to be a good steward of the land,
   25  which necessitates the need for a commitment to provide funding
   26  at levels sufficient to ensure the proper management of such
   27  lands. These investments provide opportunities for expanded
   28  public access to state lands, including state parks, the Florida
   29  Greenways and Trails System, and game lands, among others, for
   30  recreation; and promote opportunities to protect such lands from
   31  wildfire damage and the infiltration of dangerous nonnative
   32  plant and animal species, among other benefits.
   33         (c) The Legislature finds that the state is particularly
   34  vulnerable to adverse impacts from increases in the frequency
   35  and duration of rainfall events and sea level rise. The
   36  consequences of such events not only endanger human lives and
   37  properties, but also threaten Florida’s natural habitats and
   38  biodiversity. The Legislature further recognizes that enhancing
   39  the state’s resiliency to storm events and sea level rise is
   40  essential to Florida’s economic stability and growth.
   41         (d)Furthermore, the Legislature recognizes the need for
   42  additional revenue sources to address the gap in funding needs
   43  necessary to address water quality impacts, and that the
   44  projections for significant population growth further exacerbate
   45  such need.
   46         (e) Therefore, the Legislature finds that it is in the best
   47  interest of the residents of the State of Florida to dedicate
   48  revenues from the gaming compact between the Seminole Tribe of
   49  Florida and the State of Florida to acquire and manage
   50  conservation lands, and to make significant investments in
   51  resiliency efforts and clean water infrastructure.
   52         (2) DISTRIBUTION.—Notwithstanding s. 285.710, the
   53  Department of Revenue shall, upon receipt, deposit 96 percent of
   54  any revenue share payment received under the compact as defined
   55  in s. 285.710 into the Indian Gaming Revenue Trust Fund within
   56  the Department of Financial Services. The funds deposited into
   57  the trust fund shall be distributed as follows:
   58         (a)The sum of $100 million to support the wildlife
   59  corridor as defined in s. 259.1055, including the acquisition of
   60  lands or conservation easements within the wildlife corridor. To
   61  be eligible for funding, the acquisition project must be
   62  included on a land acquisition priority list developed pursuant
   63  to s. 259.035 or s. 570.71. The funds must be appropriated in
   64  Administered Funds each fiscal year. Eligible state agencies
   65  may, on a first-come, first-served basis, submit a budget
   66  amendment to request release of funds pursuant to chapter 216.
   67  Release is contingent upon approval, if required.
   68         (b)The sum of $100 million for the management of uplands
   69  and the removal of invasive species, which must be divided as
   70  follows:
   71         1.Thirty-six million to the Department of Environmental
   72  Protection, of which:
   73         a. Thirty-two million to the State Park Trust Fund within
   74  the department for land management activities within the state
   75  park system; and
   76         b. Four million to the Internal Improvement Trust Fund
   77  within the department for the purpose of implementing the Local
   78  Trail Management Grant Program created pursuant to s. 260.0145.
   79         2.Thirty-two million to the Incidental Trust Fund within
   80  the Department of Agriculture and Consumer Services for land
   81  management activities.
   82         3.Thirty-two million to the State Game Trust Fund within
   83  the Fish and Wildlife Conservation Commission for land
   84  management activities, including management activities for
   85  gopher tortoises and Florida panthers.
   86  
   87  For sub-subparagraph 1.a. and subparagraphs 2. and 3., a land
   88  manager may not use more than 25 percent of the distribution for
   89  operation capital outlay or capital assets.
   90         (c) The sum of $100 million to the Resilient Florida Trust
   91  Fund within the Department of Environmental Protection for the
   92  Statewide Flooding and Sea Level Rise Resilience Plan to be used
   93  in accordance with s. 380.093.
   94         (d) The remainder to the Water Protection and
   95  Sustainability Program Trust Fund within the Department of
   96  Environmental Protection for the Water Quality Improvement Grant
   97  Program, to be used in accordance with s. 403.0673.
   98         Section 2. Section 260.0145, Florida Statutes, is created
   99  to read:
  100         260.0145 Local Trail Management Grant Program.—
  101         (1) The Local Trail Management Grant Program is created
  102  within the department to assist local governments with costs
  103  associated with the operation and maintenance of trails within
  104  the Florida Greenways and Trails System. Funding for the program
  105  is subject to appropriation.
  106         (2) A local government may receive multiple grant awards
  107  per application cycle.
  108         (3) The department shall give priority to each of the
  109  following:
  110         (a)A local government that provides cost share for the
  111  costs associated with the operation and maintenance of the
  112  trails, except for trails within fiscally constrained counties
  113  or rural areas of opportunity.
  114         (b)Trails within the Florida wildlife corridor as defined
  115  in s. 259.1055.
  116         (4) A local government may only use grant funds for the
  117  operation and maintenance of trails, including, but not limited
  118  to, the purchase of equipment and capital assets; the funding of
  119  necessary repairs to ensure the safety of trail users; and other
  120  necessary maintenance, such as pressure washing, bush pruning,
  121  and clearing debris. A local government may not use grant funds
  122  for the planning, design, or construction of trails.
  123         (5) Beginning January 15, 2025, and each January 15
  124  thereafter, the department shall submit a report to the
  125  Governor, the President of the Senate, and the Speaker of the
  126  House of Representatives in accordance with s. 286.001 listing
  127  the grants awarded pursuant to this section. The report must
  128  include the following information for each grant award: the
  129  grant recipient’s name, a description of the individual
  130  components of the trail, a description of the maintenance
  131  activities funded, the total management cost for the trail
  132  components, and the cost share, if any, provided by the
  133  recipient.
  134         Section 3. Present subsection (6) of section 259.1055,
  135  Florida Statutes, is redesignated as subsection (7), and a new
  136  subsection (6) is added to that section, to read:
  137         259.1055 Florida wildlife corridor.—
  138         (6) MANAGEMENT TECHNIQUES.—The Fish and Wildlife
  139  Conservation Commission is authorized to enter into voluntary
  140  agreements with private landowners for environmental services
  141  within the wildlife corridor.
  142         (a) The agreements must require that the landowner protect
  143  and restore water resources; improve management of wildlife
  144  habitat, including the long-term conservation of forest and
  145  grassland soils and native plants; manage the land in a manner
  146  that keeps the desired ecosystem healthy for protected species,
  147  such as the gopher tortoise and the Florida panther; or provide
  148  other incentives to landowners to continue and improve land uses
  149  that are both economically sustainable and beneficial to the
  150  environment of this state.
  151         (b)The commission shall ensure that any agreement for
  152  environmental services entered into requires the landowner to
  153  manage the land in a manner that improves or enhances the land
  154  beyond what is required under any other agreement or contract
  155  the landowner may have with the state.
  156         (c)Subject to appropriation, the commission may use land
  157  management funds received pursuant to s. 380.095 for this
  158  purpose.
  159         Section 4. (1) The Land Management Uniform Accounting
  160  Council (LMUAC) shall recommend the most efficient and effective
  161  use of the funds available to state agencies for land management
  162  activities pursuant to s. 380.095, Florida Statutes. The
  163  recommendations must be based on a review of the resources of
  164  each land management agency to determine current expenditures,
  165  including personnel costs, spent specifically on upland
  166  management activities and invasive species removal. The
  167  recommendations must include a calculation methodology to
  168  distribute the funds to the state agencies specified in s.
  169  380.095(2)(b), Florida Statutes.
  170         (2) The LMUAC shall adopt its initial recommendation and
  171  submit it to the Executive Office of the Governor, the President
  172  of the Senate, and the Speaker of the House of Representatives
  173  by January 3, 2027. Thereafter, the LMUAC shall update its
  174  recommendation in the biennial report developed pursuant to s.
  175  259.037, Florida Statutes.
  176         Section 5. Subsections (3) and (7) of section 403.0673,
  177  Florida Statutes, are amended to read:
  178         403.0673 Water quality improvement grant program.—A grant
  179  program is established within the Department of Environmental
  180  Protection to address wastewater, stormwater, and agricultural
  181  sources of nutrient loading to surface water or groundwater.
  182         (3) The department shall consider and prioritize those
  183  projects that:
  184         (a) Have the maximum estimated reduction in nutrient load
  185  per project;
  186         (b) Demonstrate project readiness;
  187         (c) Are cost-effective;
  188         (d) Have a cost share identified by the applicant, except
  189  for rural areas of opportunity;
  190         (e) Have multi-year project implementation schedules with
  191  previous state commitment and involvement in the project,
  192  considering previously funded phases, the total amount of
  193  previous state funding, and previous partial appropriations for
  194  the proposed project; or
  195         (f) Are in a location where reductions are needed most to
  196  attain the water quality standards of a waterbody not attaining
  197  nutrient or nutrient-related standards; or
  198         (g) Were determined eligible in a previous application
  199  cycle and were able to demonstrate project readiness but were
  200  not awarded a grant.
  201  
  202  Any project that does not result in reducing nutrient loading to
  203  a waterbody identified in subsection (1) is not eligible for
  204  funding under this section.
  205         (7) Beginning January 15, 2024, and each January 15
  206  thereafter, the department shall submit a report regarding the
  207  projects funded pursuant to this section to the Governor, the
  208  President of the Senate, and the Speaker of the House of
  209  Representatives. The report must include a list of those
  210  projects receiving funding and those projects not receiving
  211  funding which were determined eligible by the department and
  212  were able to demonstrate project readiness. The report must
  213  include and the following information for each project:
  214         (a) A description of the project;
  215         (b) The cost of the project;
  216         (c) The estimated nutrient load reduction of the project;
  217         (d) The location of the project;
  218         (e) The waterbody or waterbodies where the project will
  219  reduce nutrients; and
  220         (f) The total cost share being provided for the project;
  221  and
  222         (g) The progress made in the implementation of multi-year
  223  projects, including the funds spent, remaining costs, and
  224  remaining timeline for full implementation.
  225         Section 6. (1) Contingent upon sufficient funds being
  226  distributed to the Indian Gaming Revenue Trust Fund pursuant to
  227  s. 380.095, Florida Statutes, and for the 2024-2025 fiscal year,
  228  the sum of $2 million in recurring funds from the General
  229  Revenue Fund is appropriated to the University of Florida to
  230  continually update the Florida Wildlife Corridor plan and the
  231  Florida Ecological Greenways Network plan.
  232         Section 7. Contingent upon sufficient funds being
  233  distributed to the Department of Environmental Protection
  234  pursuant to s. 380.095(2)(c), Florida Statutes, and for the
  235  2024-2025 fiscal year, the sum of $5 million in nonrecurring
  236  funds from the Water Protection and Sustainability Trust Fund
  237  within the Department of Environmental Protection is
  238  appropriated to the department to coordinate with the Water
  239  School at Florida Gulf Coast University to conduct a study to
  240  identify and analyze potential regional projects that meet the
  241  eligibility criteria set forth in s. 403.0673, Florida Statutes.
  242  At a minimum, the study must include the collection and
  243  consolidation of data regarding water quality to identify
  244  potential regional projects, including stormwater, hydrologic
  245  improvements, and innovative technologies, which reduce nutrient
  246  loading to water bodies identified in s. 403.0673(1), Florida
  247  Statutes. The department shall submit the report to the
  248  Executive Office of the Governor, the President of the Senate,
  249  and the Speaker of the House of Representatives by January 3,
  250  2025.
  251         Section 8. Contingent upon sufficient funds being
  252  distributed to the Indian Gaming Revenue Trust Fund within the
  253  Department of Financial Services pursuant to s. 380.095, Florida
  254  Statutes, and for the 2024-2025 fiscal year, the sum of $100
  255  million in nonrecurring funds from trust funds is appropriated
  256  to Administered Funds for land acquisition pursuant to s.
  257  380.095(2)(a), Florida Statutes.
  258         Section 9. Contingent upon sufficient funds being
  259  distributed to the Department of Environmental Protection
  260  pursuant to s. 380.095(2)(b)1., Florida Statutes, and for the
  261  2024-2025 fiscal year, the sum of $4 million in nonrecurring
  262  funds from the Internal Improvement Trust Fund within the
  263  Department of Environmental Protection is appropriated for the
  264  purpose of implementing the Local Trail Management Grant Program
  265  created pursuant to s. 260.0145, Florida Statutes.
  266         Section 10. Contingent upon sufficient funds being
  267  distributed to the Department of Environmental Protection
  268  pursuant to s. 380.095(2)(b)1., Florida Statutes, and for the
  269  2024-2025 fiscal year, the sum of $32 million in nonrecurring
  270  funds from the State Park Trust Fund within the Department of
  271  Environmental Protection is appropriated for land management
  272  activities as specified in s. 380.095(2)(b)2., Florida Statutes.
  273         Section 11. Contingent upon sufficient funds being
  274  distributed to the Department of Agriculture and Consumer
  275  Services pursuant to s. 380.095(2)(b)2., Florida Statutes, and
  276  for the 2024-2025 fiscal year, the sum of $32 million in
  277  nonrecurring funds from the Incidental Trust Fund within the
  278  Department of Agriculture and Consumer Services is appropriated
  279  for land management activities as specified in s.
  280  380.095(2)(b)3., Florida Statutes.
  281         Section 12. Contingent upon sufficient funds being
  282  distributed to the Fish and Wildlife Conservation Commission
  283  pursuant to s. 380.095(2)(b)3., Florida Statutes, and for the
  284  2024-2025 fiscal year, the sum of $32 million in nonrecurring
  285  funds from the State Game Trust Fund within the Fish and
  286  Wildlife Conservation Commission is appropriated for control of
  287  invasive species and upland land management activities pursuant
  288  to s. 380.095(2)(b)3., Florida Statutes, or s. 259.1055, Florida
  289  Statutes.
  290         Section 13. Contingent upon sufficient funds being
  291  distributed to the Resilient Florida Trust Fund pursuant to s.
  292  380.095(2)(c), Florida Statutes, and for the 2024-2025 fiscal
  293  year, the sum of $100 million in nonrecurring funds from the
  294  Resilient Florida Trust Fund within the Department of
  295  Environmental Protection is appropriated for the Resilient
  296  Florida Grant Program pursuant to s. 380.093, Florida Statutes.
  297         Section 14. Contingent upon sufficient funds being
  298  distributed to the Water Protection and Sustainability Program
  299  Trust Fund pursuant to s. 380.095(2)(d), Florida Statutes, and
  300  for the 2024-2025 fiscal year, the sum of $79 million in
  301  nonrecurring funds from the Water Protection and Sustainability
  302  Program Trust Fund within the Department of Environmental
  303  Protection is appropriated for the Water Quality Improvement
  304  Grant Program pursuant to s. 403.0673, Florida Statutes.
  305         Section 15. For the 2024-2025 fiscal year, the sum of $150
  306  million in nonrecurring funds from the General Revenue Fund is
  307  appropriated in the Aid to Local Governments – Grants and Aids -
  308  South Florida Water Management District - Operations
  309  appropriation category to the South Florida Water Management
  310  District for operations and maintenance responsibilities under
  311  the purview of the district. The funds must be placed in
  312  reserve. From the funds, the district shall enter into a
  313  contract with the Water School at Florida Gulf Coast University
  314  to conduct a study of the health and ecosystem of Lake
  315  Okeechobee. The study must take into account the health of
  316  plant, fish, and wildlife to be used for future planning of
  317  invasive plant control, replanting of native vegetation, and
  318  fish and game management. The study must be submitted by January
  319  1, 2025, to the Executive Office of the Governor, the President
  320  of the Senate, and the Speaker of the House of Representatives.
  321  The Department of Environmental Protection is authorized to
  322  submit budget amendments to request release of funds pursuant to
  323  chapter 216, Florida Statutes. Release is contingent upon the
  324  submission of a spend plan and negotiated draft contract between
  325  the South Florida Water Management District and the Florida Gulf
  326  Coast University Water School.
  327         Section 16. This act shall take effect upon becoming a law.
  328  
  329  ================= T I T L E  A M E N D M E N T ================
  330  And the title is amended as follows:
  331         Delete everything before the enacting clause
  332  and insert:
  333                        A bill to be entitled                      
  334         An act relating to funding for environmental resource
  335         management; creating s. 380.095, F.S.; providing
  336         legislative findings and intent; requiring the
  337         Department of Revenue to deposit into the Indian
  338         Gaming Revenue Trust Fund within the Department of
  339         Financial Services a specified percentage of the
  340         revenue share payments received under the gaming
  341         compact between the Seminole Tribe of Florida and the
  342         State of Florida; providing requirements for the
  343         distribution of such funds; creating s. 260.0145,
  344         F.S.; creating the Local Trail Management Grant
  345         Program within the Department of Environmental
  346         Protection for a specified purpose; providing for the
  347         administration and prioritization of awards;
  348         specifying the authorized and prohibited uses of grant
  349         funds; requiring the department to submit an annual
  350         report to the Governor and the Legislature by a
  351         specified date; providing requirements for the report;
  352         amending s. 259.1055, F.S.; authorizing the Fish and
  353         Wildlife Conservation Commission to enter into
  354         voluntary agreements with private landowners for
  355         environmental services within the wildlife corridor;
  356         providing requirements for such agreements;
  357         authorizing the use of land management funds;
  358         requiring the Land Management Uniform Accounting
  359         Council to recommend the efficient and effective use
  360         of certain funds available to state agencies for land
  361         management activities; providing requirements for such
  362         recommendations; requiring the council to adopt and
  363         submit its initial recommendation to the Executive
  364         Office of the Governor and the Legislature by a
  365         specified date; requiring biennial updates; amending
  366         s. 403.0673, F.S.; revising the projects the
  367         department is required to prioritize within the water
  368         quality improvement grant program; revising the
  369         components required for the grant program’s annual
  370         report; providing appropriations; requiring the
  371         department to coordinate with the Water School at
  372         Florida Gulf Coast University for specified purposes;
  373         requiring the Water School to conduct a specified
  374         study; providing requirements for the study; requiring
  375         the department to submit a report to the Executive
  376         Office of the Governor and the Legislature by a
  377         specified date; providing appropriations; requiring
  378         the South Florida Water Management District to enter
  379         into a contract with the Water School at Florida Gulf
  380         Coast University to conduct a study of the health and
  381         ecosystem of Lake Okeechobee; providing requirements
  382         for the study; requiring a report to the Executive
  383         Office of the Governor and the Legislature by a
  384         specified date; authorizing the Department of
  385         Environmental Protection to submit budget amendment
  386         for the release of specified funds; providing an
  387         effective date.