Florida Senate - 2024 CS for SB 1638
By the Committee on Fiscal Policy; and Senator Hutson
594-03398-24 20241638c1
1 A bill to be entitled
2 An act relating to funding for environmental resource
3 management; creating s. 380.095, F.S.; providing
4 legislative findings and intent; requiring the
5 Department of Revenue to deposit into the Indian
6 Gaming Revenue Trust Fund within the Department of
7 Financial Services a specified percentage of the
8 revenue share payments received under the gaming
9 compact between the Seminole Tribe of Florida and the
10 State of Florida; providing requirements for the
11 distribution of such funds; creating s. 260.0145,
12 F.S.; creating the Local Trail Management Grant
13 Program within the Department of Environmental
14 Protection for a specified purpose; providing for the
15 administration and prioritization of awards;
16 specifying the authorized and prohibited uses of grant
17 funds; requiring the department to submit an annual
18 report to the Governor and the Legislature by a
19 specified date; providing requirements for the report;
20 amending s. 259.1055, F.S.; authorizing the Fish and
21 Wildlife Conservation Commission to enter into
22 voluntary agreements with private landowners for
23 environmental services within the Florida wildlife
24 corridor; providing requirements for such agreements;
25 authorizing the use of land management funds;
26 requiring the Land Management Uniform Accounting
27 Council to recommend the efficient and effective use
28 of certain funds available to state agencies for land
29 management activities; providing requirements for such
30 recommendations; requiring the council to adopt and
31 submit its initial recommendation to the Executive
32 Office of the Governor and the Legislature by a
33 specified date; requiring biennial updates; amending
34 s. 403.0673, F.S.; revising the projects the
35 department is required to prioritize within the water
36 quality improvement grant program; revising the
37 components required for the grant program’s annual
38 report; providing appropriations; requiring the
39 department to coordinate with the Water School at
40 Florida Gulf Coast University for specified purposes;
41 requiring the Water School to conduct a specified
42 study; providing requirements for the study; requiring
43 the department to submit a report to the Executive
44 Office of the Governor and the Legislature by a
45 specified date; providing appropriations; requiring
46 the South Florida Water Management District to enter
47 into a contract with the Water School at Florida Gulf
48 Coast University to conduct a study of the health and
49 ecosystem of Lake Okeechobee; providing requirements
50 for the study; requiring that the study be submitted
51 to the Executive Office of the Governor and the
52 Legislature by a specified date; authorizing the
53 Department of Environmental Protection to submit
54 budget amendments for the release of specified funds;
55 providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Section 380.095, Florida Statutes, is created to
60 read:
61 380.095 Dedicated funding for conservation lands,
62 resiliency, and clean water infrastructure.—
63 (1) LEGISLATIVE INTENT.—The Legislature recognizes that the
64 conservation and preservation of the land and water resources of
65 this state are essential to maintaining the quality of life
66 enjoyed by Floridians and to sustaining and growing a thriving
67 state economy, including legacy industries such as tourism,
68 agriculture, and fishing.
69 (a) The Legislature recognizes that historic investments in
70 land conservation have fostered and will continue to foster the
71 preservation of Florida’s heritage, allow for the strategic
72 expansion and interconnectivity of the Florida wildlife
73 corridor, and promote the protection of crucial habitat
74 necessary for the survival, protection, and recovery of
75 threatened and endangered native species, including the Florida
76 panther.
77 (b) The Legislature further recognizes that as the state
78 acquires land, the state needs to be a good steward of the land,
79 which necessitates the need for a commitment to provide funding
80 at levels sufficient to ensure the proper management of such
81 lands. These investments provide opportunities for expanded
82 public access to state lands, including state parks, the Florida
83 Greenways and Trails System, and game lands, among others, for
84 recreation; and promote opportunities to protect such lands from
85 wildfire damage and the infiltration of dangerous nonnative
86 plant and animal species, among other benefits.
87 (c) The Legislature finds that the state is particularly
88 vulnerable to adverse impacts from increases in the frequency
89 and duration of rainfall events and sea level rise. The
90 consequences of such events not only endanger human lives and
91 properties, but also threaten Florida’s natural habitats and
92 biodiversity. The Legislature further recognizes that enhancing
93 the state’s resiliency to storm events and sea level rise is
94 essential to Florida’s economic stability and growth.
95 (d) Furthermore, the Legislature recognizes the need for
96 additional revenue sources to address the gap in funding that is
97 necessary to address water quality impacts, and that the
98 projections for significant population growth further exacerbate
99 such need.
100 (e) Therefore, the Legislature finds that it is in the best
101 interest of the residents of the State of Florida to dedicate
102 revenues from the gaming compact between the Seminole Tribe of
103 Florida and the State of Florida to acquire and manage
104 conservation lands, and to make significant investments in
105 resiliency efforts and clean water infrastructure.
106 (2) DISTRIBUTION.—Notwithstanding s. 285.710, the
107 Department of Revenue shall, upon receipt, deposit 96 percent of
108 any revenue share payment received under the compact as defined
109 in s. 285.710 into the Indian Gaming Revenue Trust Fund within
110 the Department of Financial Services. The funds deposited into
111 the trust fund shall be distributed as follows:
112 (a) The sum of $100 million to support the Florida wildlife
113 corridor as defined in s. 259.1055, including the acquisition of
114 lands or conservation easements within the Florida wildlife
115 corridor. To be eligible for funding, the acquisition project
116 must be included on a land acquisition priority list developed
117 pursuant to s. 259.035 or s. 570.71. The funds must be
118 appropriated in Administered Funds each fiscal year. Eligible
119 state agencies may, on a first-come, first-served basis, submit
120 a budget amendment to request release of funds pursuant to
121 chapter 216. Release is contingent upon approval, if required.
122 (b) The sum of $100 million for the management of uplands
123 and the removal of invasive species, which must be divided as
124 follows:
125 1. Thirty-six million to the Department of Environmental
126 Protection, of which:
127 a. Thirty-two million to the State Park Trust Fund within
128 the department for land management activities within the state
129 park system; and
130 b. Four million to the Internal Improvement Trust Fund
131 within the department for the purpose of implementing the Local
132 Trail Management Grant Program created pursuant to s. 260.0145.
133 2. Thirty-two million to the Incidental Trust Fund within
134 the Department of Agriculture and Consumer Services for land
135 management activities.
136 3. Thirty-two million to the State Game Trust Fund within
137 the Fish and Wildlife Conservation Commission for land
138 management activities, including management activities for
139 gopher tortoises and Florida panthers.
140
141 For sub-subparagraph 1.a. and subparagraphs 2. and 3., a land
142 manager may not use more than 25 percent of the distribution for
143 operation capital outlay or capital assets.
144 (c) The sum of $100 million to the Resilient Florida Trust
145 Fund within the Department of Environmental Protection for the
146 Statewide Flooding and Sea Level Rise Resilience Plan to be used
147 in accordance with s. 380.093.
148 (d) The remainder to the Water Protection and
149 Sustainability Program Trust Fund within the Department of
150 Environmental Protection for the Water Quality Improvement Grant
151 Program, to be used in accordance with s. 403.0673.
152 Section 2. Section 260.0145, Florida Statutes, is created
153 to read:
154 260.0145 Local Trail Management Grant Program.—
155 (1) The Local Trail Management Grant Program is created
156 within the department to assist local governments with costs
157 associated with the operation and maintenance of trails within
158 the Florida Greenways and Trails System. Funding for the program
159 is subject to appropriation.
160 (2) A local government may receive multiple grant awards
161 per application cycle.
162 (3) The department shall give priority to each of the
163 following:
164 (a) A local government that provides cost share for the
165 costs associated with the operation and maintenance of the
166 trails, except for trails within fiscally constrained counties
167 or rural areas of opportunity.
168 (b) Trails within the Florida wildlife corridor as defined
169 in s. 259.1055.
170 (4) A local government may only use grant funds for the
171 operation and maintenance of trails, including, but not limited
172 to, the purchase of equipment and capital assets; the funding of
173 necessary repairs to ensure the safety of trail users; and other
174 necessary maintenance, such as pressure washing, bush pruning,
175 and clearing debris. A local government may not use grant funds
176 for the planning, design, or construction of trails.
177 (5) Beginning January 15, 2025, and each January 15
178 thereafter, the department shall submit a report to the
179 Governor, the President of the Senate, and the Speaker of the
180 House of Representatives in accordance with s. 286.001 listing
181 the grants awarded pursuant to this section. The report must
182 include the following information for each grant award: the
183 grant recipient’s name, a description of the individual
184 components of the trail, a description of the maintenance
185 activities funded, the total management cost for the trail
186 components, and the cost share, if any, provided by the
187 recipient.
188 Section 3. Present subsection (6) of section 259.1055,
189 Florida Statutes, is redesignated as subsection (7), and a new
190 subsection (6) is added to that section, to read:
191 259.1055 Florida wildlife corridor.—
192 (6) MANAGEMENT TECHNIQUES.—The Fish and Wildlife
193 Conservation Commission is authorized to enter into voluntary
194 agreements with private landowners for environmental services
195 within the Florida wildlife corridor.
196 (a) The agreements must require that the landowner protect
197 and restore water resources; improve management of wildlife
198 habitat, including the long-term conservation of forest and
199 grassland soils and native plants; manage the land in a manner
200 that keeps the desired ecosystem healthy for protected species,
201 such as the gopher tortoise and the Florida panther; or provide
202 other incentives to landowners to continue and improve land uses
203 that are both economically sustainable and beneficial to the
204 environment of this state.
205 (b) The commission shall ensure that any agreement for
206 environmental services entered into requires the landowner to
207 manage the land in a manner that improves or enhances the land
208 beyond what is required under any other agreement or contract
209 the landowner may have with the state.
210 (c) Subject to appropriation, the commission may use land
211 management funds received pursuant to s. 380.095 for this
212 purpose.
213 Section 4. (1) The Land Management Uniform Accounting
214 Council (LMUAC) shall recommend the most efficient and effective
215 use of the funds available to state agencies for land management
216 activities pursuant to s. 380.095, Florida Statutes. The
217 recommendations must be based on a review of the resources of
218 each land management agency to determine current expenditures,
219 including personnel costs, spent specifically on upland
220 management activities and invasive species removal. The
221 recommendations must include a calculation methodology to
222 distribute the funds to the state agencies specified in s.
223 380.095(2)(b), Florida Statutes.
224 (2) The LMUAC shall adopt its initial recommendation and
225 submit it to the Executive Office of the Governor, the President
226 of the Senate, and the Speaker of the House of Representatives
227 by January 3, 2027. Thereafter, the LMUAC shall update its
228 recommendation in the biennial report developed pursuant to s.
229 259.037, Florida Statutes.
230 Section 5. Subsections (3) and (7) of section 403.0673,
231 Florida Statutes, are amended to read:
232 403.0673 Water quality improvement grant program.—A grant
233 program is established within the Department of Environmental
234 Protection to address wastewater, stormwater, and agricultural
235 sources of nutrient loading to surface water or groundwater.
236 (3) The department shall consider and prioritize those
237 projects that:
238 (a) Have the maximum estimated reduction in nutrient load
239 per project;
240 (b) Demonstrate project readiness;
241 (c) Are cost-effective;
242 (d) Have a cost share identified by the applicant, except
243 for rural areas of opportunity;
244 (e) Have multiyear project implementation schedules with
245 previous state commitment and involvement in the project,
246 considering previously funded phases, the total amount of
247 previous state funding, and previous partial appropriations for
248 the proposed project; or
249 (f) Are in a location where reductions are needed most to
250 attain the water quality standards of a waterbody not attaining
251 nutrient or nutrient-related standards; or
252 (g) Were determined eligible in a previous application
253 cycle and were able to demonstrate project readiness but were
254 not awarded a grant.
255
256 Any project that does not result in reducing nutrient loading to
257 a waterbody identified in subsection (1) is not eligible for
258 funding under this section.
259 (7) Beginning January 15, 2024, and each January 15
260 thereafter, the department shall submit a report regarding the
261 projects funded pursuant to this section to the Governor, the
262 President of the Senate, and the Speaker of the House of
263 Representatives. The report must include a list of those
264 projects receiving funding and those projects not receiving
265 funding which were determined eligible by the department and
266 were able to demonstrate project readiness. The report must
267 include and the following information for each project:
268 (a) A description of the project;
269 (b) The cost of the project;
270 (c) The estimated nutrient load reduction of the project;
271 (d) The location of the project;
272 (e) The waterbody or waterbodies where the project will
273 reduce nutrients; and
274 (f) The total cost share being provided for the project;
275 and
276 (g) The progress made in the implementation of multiyear
277 projects, including the funds spent, remaining costs, and
278 remaining timeline for full implementation.
279 Section 6. (1) Contingent upon sufficient funds being
280 distributed to the Indian Gaming Revenue Trust Fund pursuant to
281 s. 380.095, Florida Statutes, and for the 2024-2025 fiscal year,
282 the sum of $2 million in recurring funds from the General
283 Revenue Fund is appropriated to the University of Florida to
284 continually update the Florida Wildlife Corridor plan and the
285 Florida Ecological Greenways Network plan.
286 Section 7. Contingent upon sufficient funds being
287 distributed to the Department of Environmental Protection
288 pursuant to s. 380.095(2)(d), Florida Statutes, and for the
289 2024-2025 fiscal year, the sum of $5 million in nonrecurring
290 funds from the Water Protection and Sustainability Program Trust
291 Fund within the Department of Environmental Protection is
292 appropriated to the department to coordinate with the Water
293 School at Florida Gulf Coast University to conduct a study to
294 identify and analyze potential regional projects that meet the
295 eligibility criteria set forth in s. 403.0673, Florida Statutes.
296 At a minimum, the study must include the collection and
297 consolidation of data regarding water quality to identify
298 potential regional projects, including stormwater, hydrologic
299 improvements, and innovative technologies, which reduce nutrient
300 loading to water bodies identified in s. 403.0673(1), Florida
301 Statutes. The department shall submit the report to the
302 Executive Office of the Governor, the President of the Senate,
303 and the Speaker of the House of Representatives by January 3,
304 2025.
305 Section 8. Contingent upon sufficient funds being
306 distributed to the Indian Gaming Revenue Trust Fund within the
307 Department of Financial Services pursuant to s. 380.095, Florida
308 Statutes, and for the 2024-2025 fiscal year, the sum of $100
309 million in nonrecurring funds from trust funds is appropriated
310 to Administered Funds for land acquisition pursuant to s.
311 380.095(2)(a), Florida Statutes.
312 Section 9. Contingent upon sufficient funds being
313 distributed to the Department of Environmental Protection
314 pursuant to s. 380.095(2)(b)1., Florida Statutes, and for the
315 2024-2025 fiscal year, the sum of $4 million in nonrecurring
316 funds from the Internal Improvement Trust Fund within the
317 Department of Environmental Protection is appropriated for the
318 purpose of implementing the Local Trail Management Grant Program
319 created pursuant to s. 260.0145, Florida Statutes.
320 Section 10. Contingent upon sufficient funds being
321 distributed to the Department of Environmental Protection
322 pursuant to s. 380.095(2)(b)1., Florida Statutes, and for the
323 2024-2025 fiscal year, the sum of $32 million in nonrecurring
324 funds from the State Park Trust Fund within the Department of
325 Environmental Protection is appropriated for land management
326 activities as specified in s. 380.095(2)(b)1.a., Florida
327 Statutes.
328 Section 11. Contingent upon sufficient funds being
329 distributed to the Department of Agriculture and Consumer
330 Services pursuant to s. 380.095(2)(b)2., Florida Statutes, and
331 for the 2024-2025 fiscal year, the sum of $32 million in
332 nonrecurring funds from the Incidental Trust Fund within the
333 Department of Agriculture and Consumer Services is appropriated
334 for land management activities as specified in s.
335 380.095(2)(b)2., Florida Statutes.
336 Section 12. Contingent upon sufficient funds being
337 distributed to the Fish and Wildlife Conservation Commission
338 pursuant to s. 380.095(2)(b)3., Florida Statutes, and for the
339 2024-2025 fiscal year, the sum of $32 million in nonrecurring
340 funds from the State Game Trust Fund within the Fish and
341 Wildlife Conservation Commission is appropriated for control of
342 invasive species and upland land management activities pursuant
343 to s. 380.095(2)(b)3., Florida Statutes, or s. 259.1055, Florida
344 Statutes.
345 Section 13. Contingent upon sufficient funds being
346 distributed to the Department of Environmental Protection
347 pursuant to s. 380.095(2)(c), Florida Statutes, and for the
348 2024-2025 fiscal year, the sum of $100 million in nonrecurring
349 funds from the Resilient Florida Trust Fund within the
350 Department of Environmental Protection is appropriated for the
351 Statewide Flooding and Sea Level Rise Resilience Plan pursuant
352 to s. 380.093, Florida Statutes.
353 Section 14. Contingent upon sufficient funds being
354 distributed to the Department of Environmental Protection
355 pursuant to s. 380.095(2)(d), Florida Statutes, and for the
356 2024-2025 fiscal year, the sum of $79 million in nonrecurring
357 funds from the Water Protection and Sustainability Program Trust
358 Fund within the Department of Environmental Protection is
359 appropriated for the Water Quality Improvement Grant Program
360 pursuant to s. 403.0673, Florida Statutes.
361 Section 15. For the 2024-2025 fiscal year, the sum of $150
362 million in nonrecurring funds from the General Revenue Fund is
363 appropriated in the Aid to Local Governments – Grants and Aids -
364 South Florida Water Management District - Operations
365 appropriation category to the South Florida Water Management
366 District for operations and maintenance responsibilities under
367 the purview of the district. The funds must be placed in
368 reserve. From the funds, the district shall enter into a
369 contract with the Water School at Florida Gulf Coast University
370 to conduct a study of the health and ecosystem of Lake
371 Okeechobee. The study must take into account the health of
372 plant, fish, and wildlife to be used for future planning of
373 invasive plant control, replanting of native vegetation, and
374 fish and game management. The study must be submitted by January
375 1, 2025, to the Executive Office of the Governor, the President
376 of the Senate, and the Speaker of the House of Representatives.
377 The Department of Environmental Protection is authorized to
378 submit budget amendments to request release of funds pursuant to
379 chapter 216, Florida Statutes. Release is contingent upon the
380 submission of a spend plan and negotiated draft contract between
381 the South Florida Water Management District and the Florida Gulf
382 Coast University Water School.
383 Section 16. This act shall take effect upon becoming a law.