The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: SB 388
INTRODUCER: Senator Rodriguez
SUBJECT: Trust Funds for Wildlife Management
DATE: April 1, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Reagan Betta AEG Favorable
3. Reagan Sadberry AP Pre-meeting
I. Summary:
SB 388 amends statutes that provide for four trust funds created within the Florida Fish and
Wildlife Conservation Commission (FWC).
The bill allows the FWC to invest and reinvest the funds and the interest thereof of the
Administrative Trust Fund. It also provides that any balance in the Administrative Trust Fund at
the end of the fiscal year must remain in the trust fund and be available to carry out its purposes.
The bill authorizes funds in the Florida Panther Research and Management Trust Fund may be
used for certain purposes and includes providing research and monitoring of feline diseases
among other purposes. It also permits that funds used to reestablish Florida panthers may
include acquiring lands for panther habitat.
The bill specifies that the Grants and Donations Trust Fund must be used for grant and donor
agreement activities regardless of the source of funding for those activities.
The bill authorizes the FWC to use proceeds from the Nongame Wildlife Trust Fund for law
enforcement purposes. It also allows the FWC to enter into cooperative agreements, voluntary
agreements, or memoranda of understanding with related agencies and private landowners to
coordinate nongame programs.
The bill has no fiscal impact on state resources or expenditures. See Section V. Fiscal Impact
Statement.
The bill has an effective date of July 1, 2025.
REVISED: BILL: SB 388 Page 2
II. Present Situation:
Florida Fish and Wildlife Commission Trust Funds
The FWC uses 13 trust funds to support its operations.
1
The FWC invests the proceeds and cash
balances in the trust funds.
2
The Administrative Trust Fund
The Administrative Trust Fund is a depository for funds that are used for costs associated with
the administrative functions of all of the program areas of the FWC.
3
The Administrative Trust
Fund is largely funded by a cost allocation plan assessed against specific the FWC trust funds
based on a formula that determines each fund’s share of administrative costs.
4
Moneys that are
credited to the Administrative Trust Fund include indirect cost reimbursements from grantors,
administrative assessments against trust funds, interest earnings, and other appropriate
administrative fees.
5
The Florida Panther Research and Management Trust Fund
The FWC uses funds from the Florida Panther Research and Management Trust Fund to:
• Manage and protect Florida panther populations by increasing panther food sources where
food is a limiting factor, determining conflicts between public use and panther survival,
maintaining sufficient panther genetic variability, and undertaking management and
enforcement activities that protect panther habitat.
• Educate the public about the value of the Florida panther and the necessity of managing the
species.
• Reestablish Florida panthers in areas of suitable habitat by assessing the necessity of a
captive breeding program for purposes of panther reintroduction, selecting potential sites for
reintroduction and investigating associated human sociological aspects, and assessing the
potential for panther habitat acquisition.
• Fund the FWC’s administrative costs and promote the Florida panther license plate.
6
The annual fee for the Florida panther license plate is deposited into the Florida Panther
Research and Management Trust Fund and used for education and programs that protect
panthers.
7
Up to ten percent of the deposit can be used to promote the license plate.
8
The FWC
may also receive donations for deposit into the trust fund.
9
1
FWC, Agency Analysis of SB 388, 2 (Feb. 2025), on file with the Senate Committee on Environment and Natural Resources.
2
Id.
3
Id.; section 379.201(2), F.S.
4
Id.
5
Section 379.201(2), F.S.
6
Section 379.205(2), F.S.
7
Section 320.08058(5), F.S.
8
Id.
9
Section 379.205(3), F.S. BILL: SB 388 Page 3
The Grants and Donations Trust Fund
The Grants and Donations Trust Fund is a depository for funds to be used for allowable grant
and donor agreement activities funded by restricted contractual revenue.
10
Moneys to be credited
to the trust fund include grants and donations from private and public nonfederal sources,
development-of-regional-impact wildlife mitigation contributions, interest earnings, and cash
advances from other trust funds.
11
The Nongame Wildlife Trust Fund
The Nongame Wildlife Trust Fund is credited with funds collected from fees for the issuance of
original certificates of title for vehicles previously registered out-of-state and from donations
from applicants who are registering their motor vehicles.
12
Any additional funds may be provided
by legislative appropriation and donations from interested individuals and organizations.
13
The
FWC may invest and reinvest funds in the Nongame Wildlife Trust Fund and the interest thereof
of the trust fund and must designate an identifiable unit to administer the trust fund.
14
Proceeds from the trust fund must be used to:
• Document the population trends of nongame wildlife and assess wildlife habitat in
coordination with the Florida Natural Areas Inventory database.
• Establish effective conservation, management, and regulatory programs for nongame
wildlife.
• Provide for public education programs.
15
The FWC is authorized to enter into cooperative agreements or memoranda of understanding
with related agencies to coordinate nongame programs.
16
III. Effect of Proposed Changes:
Section 1 amends the Administrative Trust Fund in s. 379.201, F.S. The bill authorizes the FWC
to invest and reinvest the funds and the interest thereof of the Administrative Trust Fund.
The bill provides that, notwithstanding laws relating to undisbursed balances
17
and superseding
default budget procedures,
18
any balance in the trust fund at the end of the fiscal year must
remain in the trust fund and be available for carrying out the purposes of the trust fund.
19
10
Section 379.206(2), F.S.
11
Id.
12
Section 379.209(2)(a), F.S.; see sections 319.32(3) and 320.10(8), F.S.
13
Section 379.209(2)(a), F.S.
14
Id.
15
Section 379.209(2)(b), F.S.
16
Section 379.209(3), F.S.
17
See section 216.301, F.S.
18
See section 216.351, F.S.
19
This provision supersedes the default budget procedures in section 216.301, F.S. The default budget procedures for
appropriations used only for operations require each department and the judicial branch to identify any incurred obligation
which has not been disbursed. Any appropriation that is not an incurred obligation effective June 30
th
must revert to the fund
from which it was appropriated and must be available for reappropriation by the Legislature. Section 216.301(1)(a), F.S. BILL: SB 388 Page 4
Section 2 amends the Florida Panther Research and Management Trust Fund in s. 379.205, F.S.
In addition to the current purposes of the trust fund, the bill permits the FWC to spend money
from the fund to manage and protect existing Florida panther populations by researching and
monitoring feline diseases. It also permits the FWC to reestablish Florida panthers in areas with
suitable habitat in part by acquiring land for panther habitat.
Section 3 amends the Grants and Donations Trust Fund in s. 379.206, F.S. Current language
provides that the trust fund is a depository for funds that will be used for allowable grant and
donor agreement activities funded by restricted contractual revenue. The bill removes the
language that requires the grant and donor agreement activities to be funded by restricted
contractual revenue.
Section 4 amends the Nongame Wildlife Trust Fund in s. 379.209, F.S. The bill removes the
current requirement that the FWC must designate an identifiable unit to administer the trust fund.
In addition to the current purposes of the trust fund, the bill requires the proceeds from the trust
fund may also be used for law enforcement purposes.
Current law authorizes the FWC to enter into cooperative agreements or memoranda of
understanding with related agencies to coordinate nongame programs. The bill adds that the
FWC may enter into voluntary agreements. It also allows the FWC to enter into cooperative
agreements, voluntary agreements, or memoranda of understanding with private landowners.
Section 5 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: SB 388 Page 5
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 379.201, 379.205,
379.206, and 379.209.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.