Florida Statutes 380.095 – Dedicated funding for conservation lands, resiliency, and clean water infrastructure
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(1) LEGISLATIVE INTENT.–The Legislature recognizes that the conservation and preservation of the land and water resources of this state are essential to maintaining the quality of life enjoyed by Floridians and to sustaining and growing a thriving state economy, including legacy industries such as tourism, agriculture, and fishing.
(a) The Legislature recognizes that historic investments in land conservation have fostered and will continue to foster the preservation of Florida’s heritage, allow for the strategic expansion and interconnectivity of the Florida wildlife corridor, and promote the protection of crucial habitat necessary for the survival, protection, and recovery of threatened and endangered native species, including the Florida panther.
Terms Used In Florida Statutes 380.095
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- commission: means the Governor and the Cabinet; and for purposes of this chapter the commission shall act on a simple majority. See Florida Statutes 380.031
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Land: means the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land. See Florida Statutes 380.031
- Legacy: A gift of property made by will.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) The Legislature further recognizes that as the state acquires land, the state needs to be a good steward of the land, which necessitates the need for a commitment to provide funding at levels sufficient to ensure the proper management of such lands. These investments provide opportunities for expanded public access to state lands, including state parks, the Florida Greenways and Trails System, and game lands, among others, for recreation; and promote opportunities to protect such lands from wildfire damage and the infiltration of dangerous nonnative plant and animal species, among other benefits.
(c) The Legislature finds that the state is particularly vulnerable to adverse impacts from increases in the frequency and duration of rainfall events and sea level rise. The consequences of such events not only endanger human lives and properties, but also threaten Florida’s natural habitats and biodiversity. The Legislature further recognizes that enhancing the state’s resiliency to storm events and sea level rise is essential to Florida’s economic stability and growth.
(d) Furthermore, the Legislature recognizes the need for additional revenue sources to address the gap in funding that is necessary to address water quality impacts, and that the projections for significant population growth further exacerbate such need.
(e) Therefore, the Legislature finds that it is in the best interest of the residents of the State of Florida to dedicate revenues from the gaming compact between the Seminole Tribe of Florida and the State of Florida to acquire and manage conservation lands, and to make significant investments in resiliency efforts and clean water infrastructure.
(2) DISTRIBUTION.–Notwithstanding s. 285.710, the Department of Revenue shall, upon receipt, deposit 96 percent of any revenue share payment received under the compact as defined in s. 285.710 into the Indian Gaming Revenue Clearing Trust Fund within the Department of Financial Services. The funds deposited into the trust fund shall be distributed as follows:
(a) The lesser of 26.042 percent or $100 million each fiscal year to support the Florida wildlife corridor as defined in s. 259.1055, including the acquisition of lands or conservation easements within the Florida wildlife corridor. To be eligible for funding, the acquisition project must be included on a land acquisition priority list developed pursuant to s. 259.035 or s. 570.71. The funds must be appropriated in Administered Funds each fiscal year. Eligible state agencies may, on a first-come, first-served basis, submit a budget amendment to request release of funds pursuant to chapter 216. Release is contingent upon approval, if required.
(b) The lesser of 26.042 percent or $100 million each fiscal year for the management of uplands and the removal of invasive species. From these funds, amounts shall be applied as follows:
1. The lesser of 36 percent or $36 million to the Department of Environmental Protection, of which:
a. The lesser of 88.889 percent of the funds available pursuant to this subparagraph or $32 million to the State Park Trust Fund within the department for land management activities within the state park system; and
b. The lesser of 11.111 percent of the funds available pursuant to this subparagraph or $4 million to the Internal Improvement Trust Fund within the department for the purpose of implementing the Local Trail Management Grant Program created pursuant to s. 260.0145.
2. The lesser of 32 percent or $32 million to the Incidental Trust Fund within the Department of Agriculture and Consumer Services for land management activities.
3. The lesser of 32 percent or $32 million to the State Game Trust Fund within the Fish and Wildlife Conservation Commission for land management activities, including management activities for gopher tortoises and Florida panthers.
For sub-subparagraph 1.a. and subparagraphs 2. and 3., a land manager may not use more than 25 percent of the distribution for operation capital outlay or capital assets.
(c) The lesser of 26.042 percent or $100 million each fiscal year to the Resilient Florida Trust Fund within the Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan to be used in accordance with s. 380.093.
(d) After the distributions pursuant to paragraphs (a)-(c), the remainder each fiscal year to the Water Protection and Sustainability Program Trust Fund within the Department of Environmental Protection for the Water Quality Improvement Grant Program, to be used in accordance with s. 403.0673.
Allocations to trust funds shall be transferred monthly by nonoperating authority to the named trust fund.