Senate Bill 1630 (2024) — Climate resilience
SB 1630
Florida Bills
Florida Senate - 2024 SB 1630 By Senator Torres 25-01590-24 20241630__ Page 1 of 19 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to climate resilience; creating s. 2 380.0939, F.S.; defining terms; requiring the 3 Department of Environmental Protection to establish 4 the Blue Communities Program for a specified purpose; 5 providing duties of the program; authorizing the 6 department to delegate and integrate certain 7 initiatives; providing blue community eligibility 8 requirements; requiring the department to establish a 9 Blue Communities Fund for specified purposes; 10 requiring the department to administer and oversee the 11 Blue Communities Program, adopt rules, adopt a funding 12 structure, and submit reports containing specified 13 information to the Legislature by a specified date; 14 creating s. 380.245, F.S.; providing a
short title; 15 defining terms; establishing an advisory board within 16 the department; providing for membership; establishing 17 the Ocean State Climate Adaptation and Resilience 18 Grant Fund within the department; specifying sources 19 and uses of funding; specifying factors to be 20 considered in determining the eligibility and 21 prioritization of projects; specifying eligibility 22 requirements for projects; prohibiting grant funds 23 from being used for certain purposes; providing for a 24 grant disbursement process and the submittal of 25 reports to the Legislature at specified intervals by 26 the department and the Florida Oceans and Coastal 27 Council; requiring the department and the council to 28 adopt rules; creating s. 377.8061, F.S.; providing a 29
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short title; providing legislative findings regarding 30 the purpose of the Florida Carbon Sequestration Act; 31 creating the Carbon Sequestration Advisory Council 32 within the Department of Agriculture and Consumer 33 Services; providing for membership and expenses of the 34 council; requiring the department to provide meeting 35 space and certain assistance; specifying duties of the 36 council; requiring the department, in consultation 37 with the council, to submit a report to the 38 Legislature by a specified date; specifying report 39 contents; requiring a second report by a specified 40 date which includes a certain assessment conducted in 41 consultation with the council; providing requirements 42 for the assessment; authorizing the department to 43 contract with the Natural Resources Conservation 44 Service for certain purposes; authorizing the 45 department to apply for and accept certain sources of 46 public and private funds; creating the Carbon 47 Sequestration Assessment Cash Account within the Land 48 Acquisition Trust Fund for specified purposes; 49 requiring the Chief Financial Officer to credit 50 certain moneys received to the account; creating s. 51 379.27, F.S.; providing legislative findings; 52 providing a purpose; establishing the Ocean 53 Stewardship Special Account within the Land 54 Acquisition Trust Fund to be administered by the Fish 55 and Wildlife Conservation Commission for specified 56 purposes; specifying sources and uses of funding; 57 providing for administrative procedures; requiring 58
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 3 of 19 CODING: Words stricken are deletions; words underlined are additions. owners of certain commercial vessels and operators of 59 rental watercraft or water sports equipment to collect 60 an ocean stewardship user fee from passengers or 61 customers, respectively; specifying the fee amount; 62 requiring such fees to be deposited into the Ocean 63 Stewardship Special Account; requiring the department 64 to adopt rules; providing an effective date. 65 66 Be It Enacted by the Legislature of the State of Florida: 67 68
Section
Section 380.0939, Florida Statutes, is created 69 to read: 70 380.0939 The Blue Communities Program.— 71
(1) For purposes of this section, the term: 72 (a) “Coastal waters” has the same meaning as in s. 373.019. 73 (b) “Department” means the Department of Environmental 74 Protection. 75 (c) “Eutrophication” means a condition of coastal or fresh 76 waters that have elevated nutrient concentrations which cause a 77 dense growth of plant life and death of animal life from lack of 78 oxygen. 79 (d) “Nutrient pollution” means excess amounts of nutrients 80 from point and nonpoint sources which can lead to 81 eutrophication. 82 (e) “Program” means the Blue Communities Program created 83 under this section. 84 (f) “Watershed” has the same meaning as in s. 373.403(12). 85 (2)(
a) The Blue Communities Program is established within 86 the department to incentivize local action to reduce nutrient 87
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 4 of 19 CODING: Words stricken are deletions; words underlined are additions. pollution and ocean acidification in the ocean, coastal waters, 88 fresh waters, and watersheds. The program shall provide 89 technical and financial assistance, in the form of grants and 90 loans, to local governments that qualify as blue communities 91 under this section. 92 (
b) The department may delegate certain initiatives within 93 the program to departments, divisions, or offices. The 94 department may also integrate certain initiatives within the 95 program with existing programs, including the total maximum 96 daily load program as set forth in s. 403.067. 97
(3) To qualify as a blue community, a local government 98 must: 99 (
a) File an application with the department in a form and 100 manner prescribed by the department. 101 (
b) Adopt at least five of the following initiatives: 102 1. A liquid hazardous waste program which advertises 103 detergents, cleaning products, and other hazardous or nutrient-104 dense liquids that cannot safely be thrown away, flushed, or 105 poured down drains, and annually collects and properly disposes 106 of such liquids. 107 2. A model groundwater protection regulation proposed by 108 the applicable water management district that limits the total 109 area of land covered by impervious surfaces to reduce runoff, 110 particularly in areas closest to coastal waters. 111 3.
A water conservation ordinance as set forth in s. 112 166.048. 113 4. An ordinance contained within the “Florida-Friendly 114 Landscape Guidance Models for Ordinances, Covenants, and 115 Restrictions” manual developed by the department. 116
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 7 of 19 CODING: Words stricken are deletions; words underlined are additions. infrastructure, restoration of river and stream floodplains, 175 including the regrading of banks, revegetation, acquisition of 176 that area of land necessary to maintain and preserve public 177 access, and redesigning, resizing, and replacing culverts and 178 bridge spans at existing wetland crossings. 179 (b) “Climate change impacts” means and includes, but is not 180 limited to, flooding, erosion, sea-level rise, and storm surge. 181 (c) “Council” means the Florida Oceans and Coastal Council 182 created under
chapter 161. 183 (d) “Department” means the Department of Environmental 184 Protection. 185 (e) “Director” means the director of the Division of Water 186 Resource Management. 187 (f) “Infrastructure” means roads, parking lots, and other 188 paved surfaces, shoreline protection structures, buildings, 189 water control structures, culverts, other structures, and 190 remnants of development. 191 (g) “Public lands” has the same meaning as in s. 317.0003. 192 (h) “Shoreline protection structures” means revetments, 193 bulkheads, seawalls and floodwalls, breakwaters, jetties, and 194 other structures, the purpose or effect of which is to control 195 the erosion of coastal or river features, and includes any sheet 196 pile, concrete, or stone walls. 197
(3) An advisory board is established to consist of four 198 members, as follows: 199 (
a) One member shall be the Secretary of Environmental 200 Protection or his or her designee. 201 (
b) One member shall be the director or his or her 202 designee. 203
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c) One member shall be the director of the relevant state 204 planning unit within the Department of Commerce or his or her 205 designee. 206 (
d) One member shall be the director of the Division of 207 Emergency Management or his or her designee. 208 (4)(
a) There is established the Ocean State Climate 209 Adaptation and Resilience Grant Fund (“OSCAR Grant Fund”) within 210 the department. 211 (
b) The OSCAR Grant Fund shall consist of: 212 1. Appropriations from the Legislature. 213 2. Funding received from federal, state, or other sources, 214 including bond funds, for the purposes of the grant fund. 215 3. Funding received from any private donor for the OSCAR 216 Grant Fund. 217 4. Any interest earned on the OSCAR Grant Fund. 218 (
c) The OSCAR Grant Fund shall be used to carry out the 219 purposes of this section, as follows: 220 1. The administrative expenses required to carry out the 221 activities of the program as described in this
section may not 222 exceed $50,000 each for the council and the department annually, 223 which sum may not include the cost of issuing bonds or notes, if 224 any. The department and the council must submit annual budget 225 requests for their administrative and implementation costs of 226 the program to the Legislature. 227 2. The planning, design, engineering, construction, and 228 monitoring of projects which must be approved by the department 229 and the council upon recommendation of the advisory board. Only 230 grants approved through the process established by the 231 department and the council are eligible for funding under this 232
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 9 of 19 CODING: Words stricken are deletions; words underlined are additions. section. Subject to the availability of funds in the grant fund, 233 the Legislative Budget Commission shall award funding upon 234 receipt of written approval of the department and the council. 235 (
d) Factors to be taken into consideration by the advisory 236 board in determining the eligibility of projects for financial 237 assistance and in prioritizing the selection of projects must 238 include: 239 1. Consistency with the following, if applicable: 240 a. The council’s most recent projections for sea-level 241 rise. 242 b. A coastal habitat restoration strategy. 243 c. Consistency with the applicable best management 244 practices plan. 245 d. Other applicable state and federal laws. 246 2. The ability and authority of the applicant to carry out 247 and properly maintain the project. 248 3.
Whether the project will enhance public access to public 249 land. 250 4. The severity to, or the risk or extent of, 251 infrastructure degradation on public land. 252 5. The extent of the use by the public of the public land. 253 6. The proposed milestones to ensure that the project is 254 completed as designed and approved. 255 7. Whether the adaptation and resilience project can also 256 be shown to create or replace habitat losses that benefit fish 257 and wildlife resources. 258 8. Potential water quality improvements. 259 9.
Potential improvements to fish and wildlife habitats for 260 rare or endangered species under the federal Endangered Species 261
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 10 of 19 CODING: Words stricken are deletions; words underlined are additions. Act, 16 U.S.C. s. 1531 et seq. 262 10. The level and extent of collaboration with partners 263 such as other municipalities, counties, nongovernmental 264 organizations, watershed councils, and federal agencies. 265 11. Overall potential benefits to the public and estimated 266 timeframe for the public to realize such benefits. 267 (5)(
a) The OSCAR Grant Fund shall be used solely for 268 adaptation and resilience projects as set forth in this section. 269 (
b) The grant fund may not be used for: 270 1. Mitigating any current, planned, or future projects that 271 degrade, fill, or otherwise destroy coastal, estuarine, or 272 riverine habitats. 273 2. Fulfilling any liability for restoration required by any 274 local, state, or federal agency pursuant to an environmental or 275 a public health enforcement action. 276 3. With the exception of culverts, elevating, repairing, or 277 replacing infrastructure, or constructing new infrastructure, in 278 its existing location that is experiencing climate change 279 impacts. 280 4.
Constructing new, or repairing existing, shoreline 281 protection structures; provided, however, that existing 282 shoreline protection structures on public parks may be repaired. 283 5. Constructing roads or bridges. 284 (6)(
a) The department and the council shall establish and 285 execute a process, at least annually, for the solicitation, 286 evaluation, and award of grant funds for projects that meet the 287 requirements in this section. The department and the council 288 shall forward their respective written notification of approval 289 of a project application to the Legislative Budget Commission. 290
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b) The department and the council shall jointly submit a 291 report to the President of the Senate and the Speaker of the 292 House of Representatives no later than the 10th day following 293 the convening of each regular session. The report shall include 294 the following: 295 1. The amount of grant funds awarded during the preceding 296 fiscal year. 297 2. A brief
summary of the projects that received funding 298 and a timeline of implementation of such projects. 299 3. Any other information requested by the Legislature. 300
(7) The council and the department shall adopt rules 301 necessary to administer and enforce this section. 302
Section
Section 377.8061, Florida Statutes, is created, 303 to read: 304 377.8061 Carbon sequestration; council creation; duties; 305 report.— 306
(1) This
section may be cited as the “Florida Carbon 307 Sequestration Act.” 308
(2) The Legislature finds that: 309 (
a) Increasing levels of carbon dioxide and other 310 greenhouse gases in the atmosphere have led to a growing 311 interest in national and international forums for implementing 312 measures to slow and reverse the buildup of such atmospheric 313 constituents. These measures may include the establishment of 314 systems of trading in credits for the adoption of practices, 315 technologies, or other measures which decrease net emissions of 316 carbon dioxide and other greenhouse gases. 317 (
b) Improved agricultural production methods, soil 318 conservation practices, and other methods of stewardship of soil 319
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 12 of 19 CODING: Words stricken are deletions; words underlined are additions. resources have great potential to increase carbon sequestration 320 on agricultural lands and help offset carbon dioxide emissions 321 from other sectors of the economy. 322 (
c) It is in the interest of agricultural producers and the 323 public in general that the Department of Agriculture and 324 Consumer Services document and quantify carbon sequestration and 325 greenhouse emissions reductions associated with agricultural 326 practices, management systems, and land uses occurring on 327 agricultural lands in this state. 328 (
d) Efforts to quantify and verify carbon sequestration on 329 agricultural land will enhance the ability of the state’s 330 agricultural landowners to participate in any system of carbon 331 or greenhouse emissions marketing or trading. 332 (3)(
a) There is created the Carbon Sequestration Advisory 333 Council, an advisory council as defined in s. 20.03, is 334 established within the department. The council shall consist of 335 the following members appointed by the Governor: 336 1. The Commissioner of Agriculture or his or her designee. 337 2. The Secretary of Environmental Protection or his or her 338 designee. 339 3. The executive director of the Fish and Wildlife 340 Conservation Commission or his or her designee. 341 4. One member representing the Natural Resources 342 Conservation Service of the United States Department of 343 Agriculture. 344 5.
One member representing Florida State University. 345 6. One member representing the Florida Energy Systems 346 Consortium. 347 7. One member representing an entity which generates 348
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 13 of 19 CODING: Words stricken are deletions; words underlined are additions. electrical energy. 349 8. Two members who are producers of field crops, at least 350 one of whom actively employs a minimum tillage management system 351 in his or her farming operation. 352 9. Two members who are producers of livestock, at least one 353 of whom is actively involved in range management. 354 10. One member with expertise in greenhouse emissions 355 marketing or trading. 356 11. One member representing natural resources districts. 357 12. One member representing the ethanol industry. 358 (
b) Members of the council shall serve without compensation 359 but shall be reimbursed for their actual and necessary expenses 360 as provided by law. 361 (
c) The department shall provide meeting space, staffing, 362 and other assistance to the council. 363
(4) The council shall: 364 (
a) Advise and assist the department in conducting the 365 assessment and preparing any reports required by this section. 366 (
b) Recommend policies or programs to enhance the ability 367 of agricultural landowners to participate in systems of carbon 368 trading. Such recommendations shall include potential policies 369 or programs designed to optimize economic benefits to 370 agricultural producers participating in carbon trading 371 transactions. Such policies or programs may include identifying 372 existing, or the potential of creating, nonprofit organizations 373 or other public or private entities capable of serving as 374 assemblers of carbon credits or as intermediaries on behalf of 375 producers in carbon trading systems. 376 (
c) Encourage the production of educational and advisory 377
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 14 of 19 CODING: Words stricken are deletions; words underlined are additions. materials regarding carbon sequestration on agricultural lands 378 and participation in systems of carbon or greenhouse emissions 379 trading. 380 (
d) Identify and recommend areas of research needed to 381 better understand and quantify the processes of carbon 382 sequestration on agricultural lands. 383 (5)(
a) On or before December 1, 2025, the department, in 384 consultation with the Carbon Sequestration Advisory Council, 385 shall submit a report to the Legislature. 386 (
b) The report shall include all of the following: 387 1. The potential for, and the potential forms of, 388 greenhouse emissions regulation. 389 2. The potential for development of a system or systems of 390 carbon emissions trading or markets for carbon sequestered on 391 agricultural land. 392 3. Agricultural practices, management systems, or land uses 393 which increase stored soil carbon and minimize carbon dioxide or 394 other greenhouse emissions associated with agricultural 395 production. 396 4.
Methods for measuring and modeling net carbon 397 sequestration and greenhouse emissions reduction associated with 398 various agricultural practices, management systems, or land uses 399 occurring on agricultural land. 400 5. Areas of scientific uncertainty with respect to 401 quantifying and understanding greenhouse emission reductions or 402 soil carbon sequestration associated with agricultural 403 activities. 404 6. Any recommendations of the advisory council developed 405 pursuant to this section. 406
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 15 of 19 CODING: Words stricken are deletions; words underlined are additions. (6)(
a) The department shall, in consultation with the 407 Carbon Sequestration Advisory Council and taking into account 408 the report submitted under subsection (5), assess agricultural 409 lands for past carbon sequestration and future carbon 410 sequestration potential. The assessment shall seek to quantify 411 carbon sequestration associated with various agricultural 412 practices, management systems, and land uses occurring on 413 agricultural lands. 414 (
b) On or before July 1, 2026, the department shall publish 415 a report of its findings. The department may, from time to time, 416 update such findings as advancements in understanding of the 417 processes of carbon sequestration as new data becomes available. 418 (
c) The assessment shall be conducted in a manner that 419 provides a means for owners of agricultural land to estimate 420 past and future net carbon sequestration resulting from 421 agricultural practices, conservation measures, management 422 systems, and land uses occurring on their property. 423 (
d) The department may contract with the Natural Resources 424 Conservation Service of the United States Department of 425 Agriculture to conduct assessment activities required in this 426 section. 427 (
e) The department may apply for and accept grants, gifts, 428 or other sources of public and private funds to carry out the 429 purposes of this section. 430
(7) The Carbon Sequestration Assessment Cash Account is 431 created within the Land Acquisition Trust Fund within the 432 department and used to carry out the purposes of this section. 433 The Chief Financial Officer shall credit to the cash account any 434 money appropriated to the fund by the Legislature and any money 435
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 16 of 19 CODING: Words stricken are deletions; words underlined are additions. received as gifts, grants, or other contributions from public or 436 private sources obtained for the purposes of implementing this 437 section. 438
Section
Section 379.27, Florida Statutes, is created, to 439 read: 440 379.27 Ocean stewardship; purposes; funding.— 441 (1)(
a) The Legislature finds that Florida’s ocean waters 442 and its marine resources are some of the state’s most 443 ecologically, economically, and culturally valuable 444 environmental assets. 445 (
b) The Legislature further finds that the increasing 446 popularity of marine ecotourism requires greater measures to 447 ensure the continued health of marine ecosystems.
The broad 448 range of recently documented anthropogenic impacts on coral reef 449 health, including coral bleaching, vessel groundings, anchoring 450 and mooring, diving activities, poaching, land- and water-based 451 pollutant discharges, and other direct and indirect uses of the 452 state’s coral reefs, indicate that the state may need a more 453 consistent and reliable source of funding to manage, protect, 454 and restore its marine resources.
A sustainable funding source 455 is especially critical to create a cohesive network of nearshore 456 marine managed areas that benefits fisheries and ecosystem 457 resilience. 458
(2) The purpose of this
section is to establish the Ocean 459 Stewardship Special Account for the collection and use of moneys 460 for the conservation, restoration, and enhancement of the 461 state’s marine resources, and to authorize the Fish and Wildlife 462 Conservation Commission to collect fees for the use and 463 enjoyment of the state’s ocean resources. 464
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 17 of 19 CODING: Words stricken are deletions; words underlined are additions. (3)(
a) There is established the Ocean Stewardship Special 465 Account within the Land Acquisition Trust Fund to be 466 administered by the Fish and Wildlife Conservation Commission. 467 (
b) The following shall be deposited into the Ocean 468 Stewardship Special Account: 469 1. Moneys collected as user fees pursuant to subsection 470 (7). 471 2. Revenues due to the state from leases of any lands, 472 facilities, equipment, and other property owned by the 473 Department of Environmental Protection and used for or dedicated 474 to the management, research, restoration, or enhancement of 475 aquatic resources. 476 3. Moneys collected for the purposes of compensatory 477 mitigation from federal- or state-permitted impacts to the 478 marine environment. 479 4.
Grants, awards, donations, gifts, transfers, or money 480 derived from private or public sources, except: 481 a. Monetary contributions or moneys collected from the sale 482 of nonmonetary gifts to benefit sport fish or sport fishing. 483 b. Monetary contributions or moneys collected from the sale 484 of nonmonetary gifts to benefit aquatic life used for commercial 485 purposes or fishing for commercial purposes. 486 5. Moneys derived from interest or dividends on the account 487 or other income from any source provided in this section. 488
(4) The account shall be used to: 489 (
a) Develop and carry out marine resource conservation, 490 restoration, enhancement, research, regulatory measures, 491 enforcement actions, educational activities, or any other 492 management measure intended to conserve, restore, and enhance 493
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 18 of 19 CODING: Words stricken are deletions; words underlined are additions. marine resources under the jurisdiction of the state. 494 (
b) Develop and carry out restoration and compensatory 495 mitigation measures for impacts to the marine environment, 496 including impacts to the marine environment from federal- or 497 state-permitted actions. 498 (
c) Install, maintain, and replace day use mooring buoys 499 and other infrastructure to reduce impacts to the marine 500 ecosystem. 501 (5)(
a) The Ocean Stewardship Special Account shall be held 502 separate and apart from all other moneys, funds, and accounts in 503 the department, provided that any moneys received from the 504 Federal Government, through federal programs, or from private 505 contributions shall be deposited and accounted for in accordance 506 with conditions established by the agency or private entity from 507 which the moneys were received. Any balance remaining in the 508 account at the end of any fiscal year shall be carried forward 509 in the account for the next fiscal year. 510 (
b) The proceeds of the Ocean Stewardship Special Account 511 may not be used as security for, or pledged to the payment of 512 principal or interest on, any bonds or instruments of 513 indebtedness. 514 (
c) This
section does not prohibit the use of general funds 515 or the funds of other programs and activities to implement or 516 enforce other laws to manage and conserve the state’s ocean 517 waters and resources. 518 (6)(
a) All owners of commercial vessels that are required 519 to be registered and all operators of watercraft or water sports 520 equipment who rent watercraft or water sports equipment shall 521 collect an ocean stewardship user fee from each passenger 522
Florida Senate - 2024 SB 1630 25-01590-24 20241630__ Page 19 of 19 CODING: Words stricken are deletions; words underlined are additions. carried or customer who rents watercraft or water sports 523 equipment. 524 (
b) The ocean stewardship user fee shall be $1 per 525 passenger or customer and shall be adjusted every 5 years to 526 match changes in the Consumer Price Index in the Miami area as 527 reported by the United States Bureau of Labor Statistics, 528 provided that the fee may not be adjusted more than 10 percent 529 every 5 years. 530 (
c) All fees collected pursuant to this subsection shall be 531 transferred to the department on a monthly basis and shall be 532 deposited into the Ocean Stewardship Special Account for use as 533 specified in this section. 534
(7) The department shall adopt rules to implement this 535 section. 536