Florida Senate - 2025 (PROPOSED BILL) SPB 2506 FOR CONSIDERATION By the Committee on Appropriations 576-02856-25 20252506pb 1 A bill to be entitled 2 An act relating to natural resources; amending s. 3 253.0251, F.S.; revising requirements for applications 4 for full fee simple acquisition projects; amending s. 5 259.032, F.S.; revising the entities that certain 6 state agencies may contract with; revising the 7 requirements for certain provisions in certain land 8 management contracts; amending s. 380.093, F.S.; 9 revising the scoring system for assessing project 10 eligibility for inclusion in the statewide flooding 11 and sea-level rise plan; amending s. 380.095, F.S.; 12 revising the schedule for the distribution of funds 13 from the Indian Gaming Revenue Clearing Trust Fund 14 within the Department of Financial Services; requiring 15 that funds remaining after such distribution be 16 transferred to the General Revenue Fund; amending s. 17 403.0673, F.S.; revising the projects that the 18 Department of Environmental Protection must consider 19 and prioritize for the water quality improvement grant 20 program; requiring the department to dedicate a 21 certain amount of funds to projects located in a rural 22 area of opportunity; requiring the department to 23 announce grant awards by a certain date; amending s. 24 403.891, F.S.; requiring that any excess funds 25 distributed to the water protection and sustainability 26 program trust fund be transferred to the general 27 revenue fund by a certain date; conforming provisions 28 to changes made by the act; amending s. 570.93, F.S.; 29 requiring the Department of Agriculture and Consumer 30 Services to establish an agricultural nonpoint source 31 regional water program; providing construction; 32 providing a purpose; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.Subsection (2) of section 253.0251, Florida 37 Statutes, is amended to read: 38 253.0251Alternatives to fee simple acquisition. 39 (2)All applications for full alternatives to fee simple 40 acquisition projects must shall identify, within their 41 acquisition plans, the reasons the projects that require a full 42 fee simple interest to achieve the public policy goals, together 43 with the reasons full title is determined to be necessary. The 44 state agencies and the water management districts may use 45 alternatives to fee simple acquisition to bring the remaining 46 projects in their acquisition plans under public protection. For 47 purposes of this section, the phrase alternatives to fee simple 48 acquisition includes, but is not limited to, purchase of 49 development rights; obtaining conservation easements; obtaining 50 flowage easements; purchase of timber rights, mineral rights, or 51 hunting rights; purchase of agricultural interests or 52 silvicultural interests; fee simple acquisitions with 53 reservations; creating life estates; or any other acquisition 54 technique that achieves the public policy goals listed in 55 subsection (1). It is presumed that a private landowner retains 56 the full range of uses for all the rights or interests in the 57 landowners land which are not specifically acquired by the 58 public agency. The lands upon which hunting rights are 59 specifically acquired pursuant to this section shall be 60 available for hunting in accordance with the management plan or 61 hunting regulations adopted by the Fish and Wildlife 62 Conservation Commission, unless the hunting rights are purchased 63 specifically to protect activities on adjacent lands. 64 Section 2.Paragraph (d) of subsection (7) of section 65 259.032, Florida Statutes, is amended to read: 66 259.032Conservation and recreation lands. 67 (7) 68 (d)State agencies designated to manage lands acquired 69 under this chapter or with funds deposited into the Land 70 Acquisition Trust Fund, except those lands acquired under s. 71 259.1052, may contract with local governments, water control 72 districts designated pursuant to chapter 298, and soil and water 73 conservation districts to assist in management activities, 74 including the responsibility of being the lead land manager. 75 Such land management contracts must may include a provision for 76 the transfer of management funding to the local government, 77 water control district, or soil and water conservation district 78 from the land acquisition trust fund or other applicable trust 79 fund of the lead land managing agency in an amount adequate for 80 the local government, water control district, or soil and water 81 conservation district to perform its contractual land management 82 responsibilities or and proportionate to its responsibilities, 83 and which otherwise would have been expended by the state agency 84 to manage the property. 85 Section 3.Paragraph (g) of subsection (5) of section 86 380.093, Florida Statutes, is amended to read: 87 380.093Resilient Florida Grant Program; comprehensive 88 statewide flood vulnerability and sea level rise data set and 89 assessment; Statewide Flooding and Sea Level Rise Resilience 90 Plan; regional resilience entities. 91 (5)STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN. 92 (g)The department shall implement a scoring system for 93 assessing each project eligible for inclusion in the plan 94 pursuant to this subsection. The scoring system must include the 95 following tiers and associated criteria: 96 1.Tier 1 must account for 40 percent of the total score 97 and consist of all of the following criteria: 98 a.The degree to which the project addresses the risks 99 posed by flooding and sea level rise identified in the local 100 government vulnerability assessments or the comprehensive 101 statewide flood vulnerability and sea level rise assessment, as 102 applicable. 103 b.The degree to which the project addresses risks to 104 regionally significant assets. 105 c.The degree to which the project reduces risks to areas 106 with an overall higher percentage of vulnerable critical assets. 107 d.The degree to which the project contributes to existing 108 flooding mitigation projects that reduce upland damage costs by 109 incorporating new or enhanced structures or restoration and 110 revegetation projects. 111 e.The degree to which the project reduces the flood risk, 112 and thereby increases the credits awarded, to a community 113 participating in the National Flood Insurance Programs 114 Community Rating System. 115 2.Tier 2 must account for 30 percent of the total score 116 and consist of all of the following criteria: 117 a.The degree to which flooding and erosion currently 118 affect the condition of the project area. 119 b.The overall readiness of the project to proceed in a 120 timely manner, considering the projects readiness for the 121 construction phase of development, the status of required 122 permits, the status of any needed easement acquisition, and the 123 availability of local funding sources. 124 c.The environmental habitat enhancement or inclusion of 125 nature-based options for resilience, with priority given to 126 state or federal critical habitat areas for threatened or 127 endangered species. 128 d.The cost-effectiveness of the project. 129 3.Tier 3 must account for 20 percent of the total score 130 and consist of all of the following criteria: 131 a.The availability of local, state, and federal matching 132 funds, considering the status of the funding award, and federal 133 authorization, if applicable. 134 b.Previous state commitment and involvement in the 135 project, considering previously funded phases, the total amount 136 of previous state funding, and previous partial appropriations 137 for the proposed project. 138 c.The exceedance of the flood-resistant construction 139 requirements of the Florida Building Code and applicable flood 140 plain management regulations. 141 4.Tier 4 must account for 10 percent of the total score 142 and consist of all of the following criteria: 143 a.The proposed innovative technologies designed to reduce 144 project costs and provide regional collaboration. 145 b.The extent to which the project assists financially 146 disadvantaged communities. 147 Section 4.Subsection (2) of section 380.095, Florida 148 Statutes, is amended to read: 149 380.095Dedicated funding for conservation lands, 150 resiliency, and clean water infrastructure. 151 (2)DISTRIBUTION.Notwithstanding s. 285.710, the 152 Department of Revenue shall, upon receipt, deposit 96 percent of 153 any revenue share payment received under the compact as defined 154 in s. 285.710 into the Indian Gaming Revenue Clearing Trust Fund 155 within the Department of Financial Services. The funds deposited 156 into the trust fund shall be distributed as follows: 157 (a)The lesser of 26.042 percent or $100 million each 158 fiscal year to the Incidental Trust Fund within the Department 159 of Agriculture and Consumer Services for less-than-fee simple 160 acquisitions pursuant to s. 570.71 support the Florida wildlife 161 corridor as defined in s. 259.1055, including the acquisition of 162 lands or conservation easements within the Florida wildlife 163 corridor. To be eligible for funding, the acquisition project 164 must be included on a land acquisition priority list developed 165 pursuant to s. 259.035 or s. 570.71. The funds must be 166 appropriated in Administered Funds each fiscal year. Eligible 167 state agencies may, on a first-come, first-served basis, submit 168 a budget amendment to request release of funds pursuant to 169 chapter 216. Release is contingent upon approval, if required. 170 (b)The lesser of 26.042 percent or $100 million each 171 fiscal year for the management of uplands and the removal of 172 invasive species, including costs associated with land 173 management contracts entered into pursuant to s. 259.032(7)(d). 174 From these funds, amounts shall be applied as follows: 175 1.The lesser of 36 percent or $36 million to the 176 Department of Environmental Protection, of which: 177 a.The lesser of 88.889 percent of the funds available 178 pursuant to this subparagraph or $32 million to the State Park 179 Trust Fund within the department for land management activities 180 within the state park system; and 181 b.The lesser of 11.111 percent of the funds available 182 pursuant to this subparagraph or $4 million to the Internal 183 Improvement Trust Fund within the department for the purpose of 184 implementing the Local Trail Management Grant Program created 185 pursuant to s. 260.0145. 186 2.The lesser of 32 percent or $32 million to the 187 Incidental Trust Fund within the Department of Agriculture and 188 Consumer Services for land management activities. 189 3.The lesser of 32 percent or $32 million to the State 190 Game Trust Fund within the Fish and Wildlife Conservation 191 Commission for land management activities, including management 192 activities for gopher tortoises and Florida panthers. 193 194 For sub-subparagraph 1.a. and subparagraphs 2. and 3., a land 195 manager may not use more than 25 percent of the distribution for 196 operation capital outlay or capital assets. 197 (c)The lesser of 26.042 percent or $100 million each 198 fiscal year to the Resilient Florida Trust Fund within the 199 Department of Environmental Protection for the Statewide 200 Flooding and Sea Level Rise Resilience Plan to be used in 201 accordance with s. 380.093. 202 (d)The lesser of 13.021 percent or $30 million each fiscal 203 year to the General Inspection Trust Fund within the Department 204 of Agriculture and Consumer Services for any purpose authorized 205 pursuant to s. 570.93. 206 (e)(d)After the distributions pursuant to paragraphs (a) 207 (d)(c), the remainder each fiscal year up to $300 million to the 208 Water Protection and Sustainability Program Trust Fund within 209 the Department of Environmental Protection for the Water Quality 210 Improvement Grant Program, to be used in accordance with s. 211 403.0673. 212 (f)After the distributions provided in paragraphs (a)-(e), 213 any remaining funds shall be transferred to the General Revenue 214 Fund. 215 216 Allocations to trust funds shall be transferred monthly by 217 nonoperating authority to the named trust fund. 218 Section 5.Subsection (3) of section 403.0673, Florida 219 Statutes, is amended, and subsections (10) and (11) are added to 220 that section, to read: 221 403.0673Water quality improvement grant program.A grant 222 program is established within the Department of Environmental 223 Protection to address wastewater, stormwater, and agricultural 224 sources of nutrient loading to surface water or groundwater. 225 (3)The department shall consider and prioritize those 226 projects that: 227 (a)Have the maximum estimated reduction in nutrient load 228 per project; 229 (b)Demonstrate project readiness; 230 (c)Are cost-effective; 231 (d)Have a cost share identified by the applicant, except 232 for rural areas of opportunity; 233 (e)Have multiyear project implementation schedules with 234 previous state commitment and involvement in the project, 235 considering previously funded phases, the total amount of 236 previous state funding, and previous partial appropriations for 237 the proposed project; 238 (f)Are located in a rural area of opportunity; 239 (g)(f)Are in a location where reductions are needed most 240 to attain the water quality standards of a waterbody not 241 attaining nutrient or nutrient-related standards; or 242 (h)(g)Were determined eligible in a previous application 243 cycle and were able to demonstrate project readiness but were 244 not awarded a grant. 245 246 Any project that does not result in reducing nutrient loading to 247 a waterbody identified in subsection (1) is not eligible for 248 funding under this section. 249 (10)The department shall dedicate at least $50 million of 250 the funds received each fiscal year pursuant to s. 380.095(2)(e) 251 for projects located in a rural area of opportunity. 252 (11)The department shall announce grant awards by October 253 1 of each fiscal year in which funds are appropriated for the 254 grant program. 255 Section 6.Subsection (2) of section 403.891, Florida 256 Statutes, is amended to read: 257 403.891Water Protection and Sustainability Program Trust 258 Fund of the Department of Environmental Protection. 259 (2)Any funds in excess of a cumulative total of $400 260 million per fiscal year which were distributed to the trust fund 261 pursuant to s. 201.15 or s. 380.095 shall be transferred 262 unallocated to the General Revenue Fund by June 30 of each year. 263 (3)(2)Notwithstanding s. 216.301 and pursuant to s. 264 216.351, any balance in the trust fund at the end of any fiscal 265 year after the transfer of funds pursuant to subsection (2) 266 shall remain in the trust fund at the end of the year and shall 267 be available for carrying out the purposes of the trust fund. 268 Section 7.Subsection (3) is added to section 570.93, 269 Florida Statutes, to read: 270 570.93Department of Agriculture and Consumer Services; 271 agricultural water conservation and agricultural water supply 272 planning. 273 (3)The department shall establish an agricultural nonpoint 274 source regional water program that includes implementation of 275 works, technologies, or practices that improve water quality in 276 impaired water bodies. Through efforts such as nutrient 277 reduction, water conservation, and water retention, the program 278 shall help control and capture nutrient runoff necessary to 279 achieve nutrient loading reductions. Projects may include, but 280 are not limited to, dispersed water management or stormwater 281 treatment areas. 282 Section 8.This act shall take effect July 1, 2025.