Bill Text: FL S1638 | 2024 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Funding for Environmental Resource Management

Spectrum: Bipartisan Bill

Status: (Passed) 2024-04-04 - Chapter No. 2024-58 [S1638 Detail]

Download: Florida-2024-S1638-Engrossed.html

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       CS for SB 1638                                   First Engrossed
       
       
       
       
       
       
       
       
       20241638e1
       
    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 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; or
  260         (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  include and the 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; and
  285         (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.