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: 7 380.095 Dedicated 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;or195 (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 includeandthe 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;and220 (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.