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;or249 (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 includeandthe 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;and274 (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.