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