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         380.095Dedicated 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.