Florida 2024 2024 Regular Session

Florida House Bill H1417 Comm Sub / Bill

Filed 02/16/2024

                       
 
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A bill to be entitled 1 
An act relating to funding for environmental resource 2 
management; creating s. 380.095, F.S.; providing 3 
legislative findings and intent; requiring the 4 
Department of Revenue to deposit into the Indian 5 
Gaming Revenue Trust Fund within the Department of 6 
Financial Services a specified percentage of the 7 
revenue share payments received under the gaming 8 
compact between the Seminole Tribe of Florida and the 9 
State of Florida; providing requirements for the 10 
distribution of such funds; creating s. 260.0145, 11 
F.S.; creating the Local Trail Management Grant 12 
Program within the Department of Environmental 13 
Protection for a specified purpose; providing for the 14 
administration and prioritization of awards; 15 
specifying the authorized and prohibited uses of grant 16 
funds; requiring the department to submit an annual 17 
report to the Governor and the Legislature by a 18 
specified date; providing requirements for the report; 19 
amending s. 259.1055, F.S.; authorizing the Fish and 20 
Wildlife Conservation Commission to enter into 21 
voluntary agreements with private landowners for 22 
environmental services within the wildlife corridor; 23 
providing requirements for such agreements; 24 
authorizing the use of land management funds; 25     
 
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requiring the Land Management Uniform Accounting 26 
Council to recommend the efficient and effective use 27 
of certain funds available to state agencies for land 28 
management activities; providing requirements for such 29 
recommendations; requi ring the council to adopt and 30 
submit its initial recommendation to the Executive 31 
Office of the Governor and the Legislature by a 32 
specified date; requiring biennial updates; amending 33 
s. 403.0673, F.S.; revising the projects the 34 
department is required to pri oritize within the water 35 
quality improvement grant program; revising the 36 
components required for the grant program's annual 37 
report; providing appropriations; requiring the 38 
department to coordinate with the Water School at 39 
Florida Gulf Coast University for specified purposes; 40 
requiring the Water School to conduct a specified 41 
study; providing requirements for the study; requiring 42 
the department to submit a report to the Executive 43 
Office of the Governor and the Legislature by a 44 
specified date; providing approp riations; requiring 45 
the South Florida Water Management District to enter 46 
into a contract with the Water School at Florida Gulf 47 
Coast University to conduct a study of the health and 48 
ecosystem of Lake Okeechobee; providing requirements 49 
for the study; requiri ng a report to the Executive 50     
 
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Office of the Governor and the Legislature by a 51 
specified date; authorizing the Department of 52 
Environmental Protection to submit budget amendments 53 
for the release of specified funds; providing an 54 
effective date. 55 
 56 
Be It Enacted by the Legislature of the State of Florida: 57 
 58 
 Section 1.  Section 380.095, Florida Statutes, is created 59 
to read: 60 
 380.095  Dedicated funding for conservation lands, 61 
resiliency, and clean water infrastructure. — 62 
 (1)  LEGISLATIVE INTENT. —The Legislature recognizes that 63 
the conservation and preservation of the land and water 64 
resources of this state are essential to maintaining the quality 65 
of life enjoyed by Floridians and to sustaining and growing a 66 
thriving state economy, including legacy industries suc h as 67 
tourism, agriculture, and fishing. 68 
 (a)  The Legislature recognizes that historic investments 69 
in land conservation have fostered and will continue to foster 70 
the preservation of Florida's heritage, allow for the strategic 71 
expansion and interconnectivit y of the Florida wildlife 72 
corridor, and promote the protection of crucial habitat 73 
necessary for the survival, protection, and recovery of 74     
 
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threatened and endangered native species, including the Florida 75 
panther. 76 
 (b)  The Legislature further recognizes that as the state 77 
acquires land, the state needs to be a good steward of the land, 78 
which necessitates the need for a commitment to provide funding 79 
at levels sufficient to ensure the proper management of such 80 
lands. These investments provide opportunities for e xpanded 81 
public access to state lands, including state parks, the Florida 82 
Greenways and Trails System, and game lands, among others, for 83 
recreation; and promote opportunities to protect such lands from 84 
wildfire damage and the infiltration of dangerous nonna tive 85 
plant and animal species, among other benefits. 86 
 (c)  The Legislature finds that the state is particularly 87 
vulnerable to adverse impacts from increases in the frequency 88 
and duration of rainfall events and sea level rise. The 89 
consequences of such event s not only endanger human lives and 90 
properties, but also threaten Florida's natural habitats and 91 
biodiversity. The Legislature further recognizes that enhancing 92 
the state's resiliency to storm events and sea level rise is 93 
essential to Florida's economic st ability and growth. 94 
 (d)  Furthermore, the Legislature recognizes the need for 95 
additional revenue sources to address the gap in funding needs 96 
necessary to address water quality impacts, and that the 97 
projections for significant population growth further exa cerbate 98 
such need. 99     
 
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 (e)  Therefore, the Legislature finds that it is in the 100 
best interest of the residents of the State of Florida to 101 
dedicate revenues from the gaming compact between the Seminole 102 
Tribe of Florida and the State of Florida to acquire and ma nage 103 
conservation lands, and to make significant investments in 104 
resiliency efforts and clean water infrastructure. 105 
 (2)  DISTRIBUTION.—Notwithstanding s. 285.710, the 106 
Department of Revenue shall, upon receipt, deposit 96 percent of 107 
any revenue share paymen t received under the compact as defined 108 
in s. 285.710 into the Indian Gaming Revenue Trust Fund within 109 
the Department of Financial Services. The funds deposited into 110 
the trust fund shall be distributed as follows: 111 
 (a)  The sum of $100 million to support t he Florida 112 
wildlife corridor as defined in s. 259.1055, including the 113 
acquisition of lands or conservation easements within the 114 
Florida wildlife corridor. To be eligible for funding, the 115 
acquisition project must be included on a land acquisition 116 
priority list developed pursuant to s. 259.035 or s. 570.71. The 117 
funds must be appropriated in Administered Funds each fiscal 118 
year. Eligible state agencies may, on a first -come, first-served 119 
basis, submit a budget amendment to request release of funds 120 
pursuant to chapter 216. Release is contingent upon approval, if 121 
required. 122     
 
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 (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 Protec tion for the 146     
 
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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 Q uality 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 m ultiple 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 wi thin 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     
 
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 (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 gr ant 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 Representati ves 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 descriptio n 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     
 
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agreements with private landowners for en vironmental 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 revie w of the resources of 218 
each land management agency to determine current expenditures, 219     
 
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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 Hou se 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 ame nded 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 groundwat er. 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     
 
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 (e)  Have multi-year 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, an d 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     
 
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 (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 multi -year 277 
projects, including the funds spent, remaining costs, and 278 
remaining timeline for full implementation . 279 
 Section 6.  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)(c), 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 Trust Fund 291 
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     
 
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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 re duce 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 Protect ion 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     
 
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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., Flo rida 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., Florida Statutes. 327 
 Section 11.  Contingent upon sufficient funds being 328 
distributed to the Department of Agriculture and Consumer 329 
Services pursuant to s. 380.095(2)(b)2., Florida Statutes, and 330 
for the 2024-2025 fiscal year, the sum of $32 million in 331 
nonrecurring funds from the Incidental Trust Fund within the 332 
Department of Agriculture and Consumer Services is appropriated 333 
for land management activities as specified in s. 334 
380.095(2)(b)2., Florida Statutes. 335 
 Section 12.  Contingent upon sufficient funds being 336 
distributed to the Fish and Wildlife Conservation Commission 337 
pursuant to s. 380.095(2)(b)3., Florida Statutes, and for the 338 
2024-2025 fiscal year, the sum of $32 million in nonrecurring 339 
funds from the State Game Trust Fund within the Fish and 340 
Wildlife Conservation Commission is appropriated for control of 341 
invasive species and upland land management activities pursuant 342 
to s. 380.095(2)(b)3., Florida Statutes, or s. 259.1055, Florida 343 
Statutes. 344     
 
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 Section 13.  Contingent upon sufficient funds being 345 
distributed to the Resilient Florida Trust Fund pursuant to s. 346 
380.095(2)(c), Florida Statutes, and for the 2024 -2025 fiscal 347 
year, the sum of $100 million in nonrecurring funds from the 348 
Resilient Florida Trust Fund within the Department of 349 
Environmental Protect ion is appropriated for the Statewide 350 
Flooding and Sea Level Rise Resilience Plan pursuant to s. 351 
380.093, Florida Statutes. 352 
 Section 14.  Contingent upon sufficient funds being 353 
distributed to the Water Protection and Sustainability Program 354 
Trust Fund pursuant to s. 380.095(2)(d), Florida Statutes, and 355 
for the 2024-2025 fiscal year, the sum of $79 million in 356 
nonrecurring funds from the Water Protection and Sustainability 357 
Program Trust Fund within the Department of Environmental 358 
Protection is appropriated f or the Water Quality Improvement 359 
Grant Program pursuant to s. 403.0673, Florida Statutes. 360 
 Section 15.  For the 2024-2025 fiscal year, the sum of $150 361 
million in nonrecurring funds from the General Revenue Fund is 362 
appropriated in the Aid to Local Governm ents – Grants and Aids - 363 
South Florida Water Management District - Operations 364 
appropriation category to the South Florida Water Management 365 
District for operations and maintenance responsibilities under 366 
the purview of the district. The funds must be placed in 367 
reserve. From the funds, the district shall enter into a 368 
contract with the Water School at Florida Gulf Coast University 369     
 
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to conduct a study of the health and ecosystem of Lake 370 
Okeechobee. The study must take into account the health of 371 
plant, fish, and wildlife to be used for future planning of 372 
invasive plant control, replanting of native vegetation, and 373 
fish and game management. The study must be submitted by January 374 
1, 2025, to the Executive Office of the Governor, the President 375 
of the Senate, and the S peaker of the House of Representatives. 376 
The Department of Environmental Protection is authorized to 377 
submit budget amendments to request release of funds pursuant to 378 
chapter 216, Florida Statutes. Release is contingent upon the 379 
submission of a spend plan an d negotiated draft contract between 380 
the South Florida Water Management District and the Florida Gulf 381 
Coast University Water School. 382 
 Section 16.  This act shall take effect upon becoming a 383 
law. 384