ENROLLED 2024 Legislature CS for SB 1638, 1st Engrossed 20241638er 1 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 a report be submitted to 51 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 a contingent 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 Clearing Trust Fund 110 within the Department of Financial Services. The funds deposited 111 into the trust fund shall be distributed as follows: 112 (a) The lesser of 26.042 percent or $100 million each 113 fiscal year to support the Florida wildlife corridor as defined 114 in s. 259.1055, including the acquisition of lands or 115 conservation easements within the Florida wildlife corridor. To 116 be eligible for funding, the acquisition project must be 117 included on a land acquisition priority list developed pursuant 118 to s. 259.035 or s. 570.71. The funds must be appropriated in 119 Administered Funds each fiscal year. Eligible state agencies 120 may, on a first-come, first-served basis, submit a budget 121 amendment to request release of funds pursuant to chapter 216. 122 Release is contingent upon approval, if required. 123 (b) The lesser of 26.042 percent or $100 million each 124 fiscal year for the management of uplands and the removal of 125 invasive species. From these funds, amounts shall be applied as 126 follows: 127 1. The lesser of 36 percent or $36 million to the 128 Department of Environmental Protection, of which: 129 a. The lesser of 88.889 percent of the funds available 130 pursuant to this subparagraph or $32 million to the State Park 131 Trust Fund within the department for land management activities 132 within the state park system; and 133 b. The lesser of 11.111 percent of the funds available 134 pursuant to this subparagraph or $4 million to the Internal 135 Improvement Trust Fund within the department for the purpose of 136 implementing the Local Trail Management Grant Program created 137 pursuant to s. 260.0145. 138 2. The lesser of 32 percent or $32 million to the 139 Incidental Trust Fund within the Department of Agriculture and 140 Consumer Services for land management activities. 141 3. The lesser of 32 percent or $32 million to the State 142 Game Trust Fund within the Fish and Wildlife Conservation 143 Commission for land management activities, including management 144 activities for gopher tortoises and Florida panthers. 145 146 For sub-subparagraph 1.a. and subparagraphs 2. and 3., a land 147 manager may not use more than 25 percent of the distribution for 148 operation capital outlay or capital assets. 149 (c) The lesser of 26.042 percent or $100 million each 150 fiscal year to the Resilient Florida Trust Fund within the 151 Department of Environmental Protection for the Statewide 152 Flooding and Sea Level Rise Resilience Plan to be used in 153 accordance with s. 380.093. 154 (d) After the distributions pursuant to paragraphs (a), 155 (b), and (c), the remainder each fiscal year to the Water 156 Protection and Sustainability Program Trust Fund within the 157 Department of Environmental Protection for the Water Quality 158 Improvement Grant Program, to be used in accordance with s. 159 403.0673. 160 161 Allocations to trust funds shall be transferred monthly by 162 nonoperating authority to the named trust fund. 163 Section 2. Section 260.0145, Florida Statutes, is created 164 to read: 165 260.0145 Local Trail Management Grant Program.— 166 (1) The Local Trail Management Grant Program is created 167 within the department to assist local governments with costs 168 associated with the operation and maintenance of trails within 169 the Florida Greenways and Trails System. Funding for the program 170 is subject to appropriation. 171 (2) A local government may receive multiple grant awards 172 per application cycle. 173 (3) The department shall give priority to each of the 174 following: 175 (a) A local government that provides cost share for the 176 costs associated with the operation and maintenance of the 177 trails, except for trails within fiscally constrained counties 178 or rural areas of opportunity. 179 (b) Trails within the Florida wildlife corridor as defined 180 in s. 259.1055. 181 (4) A local government may only use grant funds for the 182 operation and maintenance of trails, including, but not limited 183 to, the purchase of equipment and capital assets; the funding of 184 necessary repairs to ensure the safety of trail users; and other 185 necessary maintenance, such as pressure washing, bush pruning, 186 and clearing debris. A local government may not use grant funds 187 for the planning, design, or construction of trails. 188 (5) Beginning January 15, 2025, and each January 15 189 thereafter, the department shall submit a report to the 190 Governor, the President of the Senate, and the Speaker of the 191 House of Representatives in accordance with s. 286.001 listing 192 the grants awarded pursuant to this section. The report must 193 include the following information for each grant award: the 194 grant recipient’s name, a description of the individual 195 components of the trail, a description of the maintenance 196 activities funded, the total management cost for the trail 197 components, and the cost share, if any, provided by the 198 recipient. 199 Section 3. Present subsection (6) of section 259.1055, 200 Florida Statutes, is redesignated as subsection (7), and a new 201 subsection (6) is added to that section, to read: 202 259.1055 Florida wildlife corridor.— 203 (6) MANAGEMENT TECHNIQUES.—The Fish and Wildlife 204 Conservation Commission is authorized to enter into voluntary 205 agreements with private landowners for environmental services 206 within the Florida wildlife corridor. 207 (a) The agreements must require that the landowner protect 208 and restore water resources; improve management of wildlife 209 habitat, including the long-term conservation of forest and 210 grassland soils and native plants; manage the land in a manner 211 that keeps the desired ecosystem healthy for protected species, 212 such as the gopher tortoise and the Florida panther; or provide 213 other incentives to landowners to continue and improve land uses 214 that are both economically sustainable and beneficial to the 215 environment of this state. 216 (b) The commission shall ensure that any agreement for 217 environmental services entered into requires the landowner to 218 manage the land in a manner that improves or enhances the land 219 beyond what is required under any other agreement or contract 220 the landowner may have with the state. 221 (c) Subject to appropriation, the commission may use land 222 management funds received pursuant to s. 380.095 for this 223 purpose. 224 Section 4. (1) The Land Management Uniform Accounting 225 Council (LMUAC) shall recommend the most efficient and effective 226 use of the funds available to state agencies for land management 227 activities pursuant to s. 380.095, Florida Statutes. The 228 recommendations must be based on a review of the resources of 229 each land management agency to determine current expenditures, 230 including personnel costs, spent specifically on upland 231 management activities and invasive species removal. The 232 recommendations must include a calculation methodology to 233 distribute the funds to the state agencies specified in s. 234 380.095(2)(b), Florida Statutes. 235 (2) The LMUAC shall adopt its initial recommendation and 236 submit it to the Executive Office of the Governor, the President 237 of the Senate, and the Speaker of the House of Representatives 238 by January 3, 2027. Thereafter, the LMUAC shall update its 239 recommendation in the biennial report developed pursuant to s. 240 259.037, Florida Statutes. 241 Section 5. Subsections (3) and (7) of section 403.0673, 242 Florida Statutes, are amended to read: 243 403.0673 Water quality improvement grant program.—A grant 244 program is established within the Department of Environmental 245 Protection to address wastewater, stormwater, and agricultural 246 sources of nutrient loading to surface water or groundwater. 247 (3) The department shall consider and prioritize those 248 projects that: 249 (a) Have the maximum estimated reduction in nutrient load 250 per project; 251 (b) Demonstrate project readiness; 252 (c) Are cost-effective; 253 (d) Have a cost share identified by the applicant, except 254 for rural areas of opportunity; 255 (e) Have multiyear project implementation schedules with 256 previous state commitment and involvement in the project, 257 considering previously funded phases, the total amount of 258 previous state funding, and previous partial appropriations for 259 the proposed project;or260 (f) Are in a location where reductions are needed most to 261 attain the water quality standards of a waterbody not attaining 262 nutrient or nutrient-related standards; or 263 (g) Were determined eligible in a previous application 264 cycle and were able to demonstrate project readiness but were 265 not awarded a grant. 266 267 Any project that does not result in reducing nutrient loading to 268 a waterbody identified in subsection (1) is not eligible for 269 funding under this section. 270 (7) Beginning January 15, 2024, and each January 15 271 thereafter, the department shall submit a report regarding the 272 projects funded pursuant to this section to the Governor, the 273 President of the Senate, and the Speaker of the House of 274 Representatives. The report must include a list of those 275 projects receiving funding and those projects not receiving 276 funding which were determined eligible by the department and 277 were able to demonstrate project readiness. The report must 278 includeandthe following information for each project: 279 (a) A description of the project; 280 (b) The cost of the project; 281 (c) The estimated nutrient load reduction of the project; 282 (d) The location of the project; 283 (e) The waterbody or waterbodies where the project will 284 reduce nutrients;and285 (f) The total cost share being provided for the project; 286 and 287 (g) The progress made in the implementation of multiyear 288 projects, including the funds spent, remaining costs, and 289 remaining timeline for full implementation. 290 Section 6. For the 2024-2025 fiscal year, the sum of $2 291 million in recurring funds is appropriated from the General 292 Revenue Fund to the University of Florida to update continually 293 both the Florida Wildlife Corridor plan and the Florida 294 Ecological Greenways Network plan. 295 Section 7. From the funds distributed to the Department of 296 Environmental Protection pursuant to s. 380.095(2)(d), Florida 297 Statutes, and for the 2024-2025 fiscal year, the sum of $5 298 million in nonrecurring funds is appropriated from the Water 299 Protection and Sustainability Program Trust Fund within the 300 Department of Environmental Protection to the department to 301 coordinate with the Water School at Florida Gulf Coast 302 University to conduct a study to identify and analyze potential 303 regional projects that meet the eligibility criteria set forth 304 in s. 403.0673, Florida Statutes. At a minimum, the study must 305 include the collection and consolidation of data regarding water 306 quality to identify potential regional projects, including 307 stormwater, hydrologic improvements, and innovative 308 technologies, which reduce nutrient loading to water bodies 309 identified in s. 403.0673(1), Florida Statutes. The department 310 shall submit a report to the Executive Office of the Governor, 311 the President of the Senate, and the Speaker of the House of 312 Representatives by January 3, 2025. 313 Section 8. From the funds distributed to the Indian Gaming 314 Revenue Clearing Trust Fund within the Department of Financial 315 Services pursuant to s. 380.095(2)(a), Florida Statutes, and for 316 the 2024-2025 fiscal year, the sum of $100 million in 317 nonrecurring funds is appropriated from trust funds to 318 Administered Funds for land acquisition pursuant to s. 319 380.095(2)(a), Florida Statutes. 320 Section 9. From the funds distributed to the Department of 321 Environmental Protection pursuant to s. 380.095(2)(b)1., Florida 322 Statutes, and for the 2024-2025 fiscal year, the sum of $4 323 million in nonrecurring funds is appropriated from the Internal 324 Improvement Trust Fund within the Department of Environmental 325 Protection for the purpose of implementing the Local Trail 326 Management Grant Program created pursuant to s. 260.0145, 327 Florida Statutes. 328 Section 10. From the funds distributed to the Department of 329 Environmental Protection pursuant to s. 380.095(2)(b)1., Florida 330 Statutes, and for the 2024-2025 fiscal year, the sum of $32 331 million in nonrecurring funds is appropriated from the State 332 Park Trust Fund within the Department of Environmental 333 Protection for land management activities as specified in s. 334 380.095(2)(b)1.a., Florida Statutes. 335 Section 11. From the funds distributed to the Department of 336 Agriculture and Consumer Services pursuant to s. 337 380.095(2)(b)2., Florida Statutes, and for the 2024-2025 fiscal 338 year, the sum of $32 million in nonrecurring funds is 339 appropriated from the Incidental Trust Fund within the 340 Department of Agriculture and Consumer Services for land 341 management activities as specified in s. 380.095(2)(b)2., 342 Florida Statutes. 343 Section 12. From the funds distributed to the Fish and 344 Wildlife Conservation Commission pursuant to s. 380.095(2)(b)3., 345 Florida Statutes, and for the 2024-2025 fiscal year, the sum of 346 $32 million in nonrecurring funds is appropriated from the State 347 Game Trust Fund within the Fish and Wildlife Conservation 348 Commission for control of invasive species and upland land 349 management activities pursuant to s. 380.095(2)(b)3., Florida 350 Statutes, or s. 259.1055, Florida Statutes. 351 Section 13. From the funds distributed to the Department of 352 Environmental Protection pursuant to s. 380.095(2)(c), Florida 353 Statutes, and for the 2024-2025 fiscal year, the sum of $100 354 million in nonrecurring funds is appropriated from the Resilient 355 Florida Trust Fund within the Department of Environmental 356 Protection for the Statewide Flooding and Sea Level Rise 357 Resilience Plan pursuant to s. 380.093, Florida Statutes. 358 Section 14. From the funds distributed to the Department of 359 Environmental Protection pursuant to s. 380.095(2)(d), Florida 360 Statutes, and for the 2024-2025 fiscal year, the sum of $79 361 million in nonrecurring funds is appropriated from the Water 362 Protection and Sustainability Program Trust Fund within the 363 Department of Environmental Protection for the Water Quality 364 Improvement Grant Program pursuant to s. 403.0673, Florida 365 Statutes. 366 Section 15. For the 2024-2025 fiscal year, the sum of $150 367 million in nonrecurring funds from the General Revenue Fund is 368 appropriated in the Aid to Local Governments – Grants and Aids - 369 South Florida Water Management District - Operations 370 appropriation category to the South Florida Water Management 371 District for operations and maintenance responsibilities under 372 the purview of the district. The funds must be placed in 373 reserve. From the funds, the district shall enter into a 374 contract with the Water School at Florida Gulf Coast University 375 to conduct a study of the health and ecosystem of Lake 376 Okeechobee. The study must take into account the health of 377 plants, fish, and wildlife to be used for future planning of 378 invasive plant control, replanting of native vegetation, and 379 fish and game management. A report must be submitted by January 380 1, 2025, to the Executive Office of the Governor, the President 381 of the Senate, and the Speaker of the House of Representatives. 382 The Department of Environmental Protection is authorized to 383 submit budget amendments to request release of funds pursuant to 384 chapter 216, Florida Statutes. Release is contingent upon the 385 submission of a spend plan and negotiated draft contract between 386 the South Florida Water Management District and the Florida Gulf 387 Coast University Water School. 388 Section 16. This act shall take effect upon becoming a law 389 if SB 7080 or similar legislation is adopted in the same 390 legislative session or an extension thereof and becomes a law.