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 Fiscal Policy
BILL: CS/SB 1638
INTRODUCER: Fiscal Policy Committee and Senator Hutson
SUBJECT: Funding for Environmental Resource Management
DATE: February 19, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reagan Betta AEG Favorable
2. Reagan Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1638 provides that 96 percent of the revenues from the 2021 gaming compact between the
Seminole Tribe of Florida and the State of Florida for the acquisition and management of
conservation lands and the identification and prioritization of critical clean water infrastructure
investments be deposited in the Indian Gaming Revenue Trust Fund within the Department of
Financial Services.
 Provides for the distribution of funds as follows:
o $100 million to support the wildlife corridor. Eligible state agencies may submit budget
amendments on a first come-first serve basis with the release of funds contingent upon
approval.
o $100 million for the management of uplands and the removal of invasive species, which
is divided as follows:
 $36 million to the Department of Environmental Protection (DEP), of which:
o $32 million for state park land management activities;
o $4 million for implementation of the Local Trail Management Grant Program;
 $32 million to the Department of Agriculture and Consumer Services for land
management activities;
 $32 million to the Fish and Wildlife Conservation Commission for land management
activities;
o $100 million to the DEP to the Resilient Florida Trust Fund;
o The remainder to the DEP to the Water Protection and Sustainability Program Trust
Fund.
BILL: CS/SB 1638 Page 2
 Requires the Land Management Uniform Accounting Council to recommend the most
efficient use of land management funds provided to state agencies and submit its
recommendation to the Executive Office of the Governor, the President of the Senate, and the
Speaker of the House of Representatives by January 3, 2027.
 Appropriates $2 million from the General Revenue Fund to the University of Florida to
continually update the Florida Wildlife Corridor plan and the Florida Ecological Greenways
Network plan.
 Appropriates $5 million to the DEP to coordinate with the Water School at Florida Gulf
Coast University to conduct a study to identify and analyze potential regional projects that
meet the eligibility requirements of the Water Quality Improvement Grant Program.
 Appropriates $150 million from the General Revenue Fund to the South Florida Water
Management District (SFWMD) for operations and maintenance. The SFWMD shall enter
into a contract with the Water School and Florida Gulf Coast University to conduct a study of
the health and ecosystem of Lake Okeechobee.
The bill has a significant negative fiscal impact to state revenues and expenditures. See Section
V., Fiscal Impact Statement.
The bill takes effect upon becoming a law.
II. Present Situation:
2021 Gaming Compact
Gaming compacts are regulated by the Federal Indian Gaming Regulatory Act, s. 25 U.S.C.
2701, et seq., and ch. 285, part II, F.S. The State of Florida (state) entered into a gaming compact
with the Seminole Tribe of Florida (Seminole Tribe) on April 7, 2010 (the 2010 Compact). In
ch. 2021-268, Laws of Florida (CS/SB 2A), the Legislature ratified a new Gaming Compact
between the Seminole Tribe and the state, which was executed by Governor Ron DeSantis and
the Seminole Tribe on April 23, 2021, as amended on May 17, 2021 (the 2021 Compact). The
2021 Compact was approved by the United States Department of the Interior on August 6, 2021,
and became effective upon the publication of notice in the Federal Register. The 2021 Compact
supersedes the 2010 Compact.
Revenue Sharing under the 2021 Gaming Compact
The 2021 Compact establishes a guarantee minimum payment period for the first five years of
the compact. During the five year period, the Seminole Tribe is to make guaranteed minimum
revenue share payments as specified, to total $2.5 billion. The revenue share payments must be
paid by the Seminole Tribe to the state as follows:
 Percentage payments for slots, raffles, drawings, and new games range from 12 percent of
net win1 up to $2 billion, to 25 percent of net win greater than $3.5 billion.
1
The term “Net Win” is defined in the 2010 Gaming Compact and the 2021 Gaming Compact as “the total receipts from the
play of all Covered Games less all prize payouts and free play or promotional credits issued by the Tribe.” See 2021 Gaming
Compact Part III, Section T, available at https://www.seminolecompact.com/ (last visited Jan. 22, 2024).
BILL: CS/SB 1638 Page 3
 Percentage payments for table games range from 15 percent of net win up to $1 billion, to 25
percent of net win greater than $2 billion.
 Percentage payment for tribal sports betting is 13.75 percent of net win excluding the net win
received by the Seminole Tribe on pari-mutuel sports betting.
 Percentage payment for pari-mutuel sports betting is 10 percent of net win received by the
Seminole Tribe on pari-mutuel sports betting.
 The Seminole Tribe’s guaranteed minimum revenue share payment is $400 million per year
for the first five years.
 At the end of the third year of the five year guaranteed minimum payment period, if the total
revenue share payments are less than $1.5 billion, the Seminole Tribe must pay the difference
to the state.
 At the end of the fifth year of the five year guaranteed minimum payment period, if the total
revenue share payments are less than $2.5 billion, the Seminole Tribe must pay the difference
to the state.
The specific revenue share payment amounts paid by the Seminole Tribe to the state will be
calculated as outlined in the chart below in accordance with the 2021 Compact.
SUMMARY OF REVENUE SHARE PAYMENTS -2021 Gaming Compact
(Revenue Share Payments by the Seminole Tribe to the State)
Net Win - Slots, Raffles and Drawings; New Games, if Authorized by the State
$0-2B: 12%;
$2-2.5B: 17.5%
$2.5-3B: 20%
$3-3.5B: 22.5%
$3.5B+: 25%
Net Win - Slots, Raffles and Drawings; New Games, if Authorized by the State
$0-1B: 15%;
$1-1.5B: 17.5%
$1.5-2B: 22.5%
$2B+: 25%
Net Win – Sports Betting
Guaranteed Minimum Compact Term Payment of $2.5B
(Two billion, five hundred million dollars)
(includes all Revenue Share Payments for the first five years of the 2021 Gaming Compact)
Litigation
The State of Florida began receiving Indian Gaming payments pursuant to the 2021 Compact in
October of 2021. The U.S. District Court for the District of Columbia set aside federal approval
of the 2021 Compact on November 22, 2021. The Seminole Tribe of Florida continued revenue
sharing with the State of Florida through February 2022, after which time they discontinued all
payments. Between October 2021 and February 2022, the state received five payments of $37.5
million, totaling $187.5 million2
2
See the review of the Indian Gaming Revenues by the Revenue Estimating Conference/Impact Conference at
http://www.edr.state.fl.us/Content/conferences/Indian-gaming/IndianGamingSummary.pdf (last visited Jan. 16, 2024). The
Office of Economic and Demographic Research (EDR) is a research arm of the Legislature principally concerned with
BILL: CS/SB 1638 Page 4
Litigation relating to the legality of the 2021 Gaming Compact is currently pending in the
Florida Supreme Court, challenging actions taken by the Florida Legislature and Governor to
expand casino gambling in Florida in violation of the Florida Constitution (specifically
Amendment 3 adopted in 2018, now Article X, Section 30 to the Florida Constitution). The
challenged actions include execution and ratification of the 2021 Gaming Compact and
enactment of implementing legislation, particularly as to sports betting.
In addition, there is a proceeding pending in the U.S. Supreme Court challenging the legality of
the 2021 Gaming Compact, but that court has not yet determined to accept the case.
Conservation Lands
Article X, section 18 of the Florida Constitution requires that “the fee interest in real property
held by an entity of the state and designated for natural resources conservation purposes as
provided by general law shall be managed for the benefit of the citizens of this state…”3
Conservation Land Management
The Board of the Internal Improvement Trust Fund (board) is charged with the management,
control, supervision, conservation, and protection of all lands owned by, or which may hereafter
inure to, the state or any of its agencies, departments, boards or commissions.4 Section 253.034,
F.S., specifies that state lands acquired pursuant to ch. 259, F.S., are required to be managed to
ensure the conservation of the state’s plant and animal species and to ensure the accessibility of
state lands for the benefit and enjoyment of all people of the state, both present and future.5
Additionally, all lands acquired and managed under ch. 259, F.S., are required to be managed in
a manner that provides the greatest combination of benefits to the public and to the resources, for
public outdoor recreation which is compatible with the conservation and protection of public
lands, and for the purposes for which the lands were acquired.6
The board is authorized to enter into leases or similar instruments for the use, benefit, and
possession of public lands by agencies which may properly use and possess such lands for the
benefit of the state.7 The Fish and Wildlife Conservation Commission is the main land
management entity for the state. The Department of Agriculture and Consumer Services (DACS)
and the DEP also manage state lands.8
forecasting economic and social trends that affect policy making, revenues, and appropriations. At the request of the
legislative committees or other members of an estimating conference, EDR conducts impact assessments of proposed policy
changes. Often, EDR's estimates are incorporated in the committee bill analysis or fiscal note. In some cases, committees will
request EDR to take a particular proposal to a consensus estimating conference to obtain an impact estimate that is formally
agreed to by both houses of the Legislature and by the Governor's Office.
3
FLA. CONST. art. X, s. 18.
4
Section 253.03, F.S.
5
Section 253.034(5)(a), F.S.
6
Section 259.032(7), F.S.; s. 259.032(7)(a)2, F.S., provides that “such management may include, but not be limited to, the
following public recreational uses: fishing, hunting, camping, bicycling, hiking, nature study, swimming, boating, canoeing,
horseback riding, diving, model hobbyist activities, birding, sailing, jogging, and other related outdoor activities compatible
with the purposes for which the lands were acquired.”
7
Section 253.03(2), F.S.
8
See Land Management Uniform Accounting Council Annual Report (last visited Jan. 22, 2024).
BILL: CS/SB 1638 Page 5
Each manager of conservation lands is required to submit a land management plan to the division
at least every 10 years.9 The land management plan must contain, at a minimum, all of the
following elements:
 A physical description of the land.
 A quantitative data description of the land which includes an inventory of forest and other
natural resources; exotic and invasive plants; hydrological features; infrastructure, including
recreational facilities; and other significant land, cultural, or historical features.
 A detailed description of each short-term and long-term land management goal, the
associated measurable objectives, and the related activities that are to be performed to meet
the land management objectives.
 A schedule of land management activities which contains short-term and long-term land
management goals and the related measurable objective and activities.
 A summary budget for the scheduled land management activities of the land management
plan. For state lands containing or anticipated to contain imperiled species habitat, the
summary budget shall include any fees anticipated from public or private entities for projects
to offset adverse impacts to imperiled species or such habitat, which fees shall be used solely
to restore, manage, enhance, repopulate, or acquire imperiled species habitat. 10 The summary
budget is required to be prepared in such a manner that it facilitates computing an aggregate
of land management costs for all state-managed lands using the following categories:
o Resource management;
o Administration;
o Support;
o Capital improvements;
o Recreation visitor services; and
o Law enforcement activities.11
Each land management plan is required to provide a desired outcome, describe both short-term
and long-term management goals, and include measurable objectives to achieve those goals.12
Short-term goals are required to be achievable within a two-year planning period, and long-term
goals are required to be achievable within a 10-year planning period.13 These short-term and
long-term management goals are the basis for all subsequent land management activities.14
Short-term and long-term management goals must include measurable objectives for the
following, as appropriate:
 Habitat restoration and improvement.
 Public access and recreational opportunities.
 Hydrological preservation and restoration.
 Sustainable forest management.
 Exotic and invasive species maintenance and control.
 Capital facilities and infrastructure.
9
Section 253.034(5), F.S.
10
Id.
11
Section 259.037(3)(a), F.S.
12
Section 253.034(5)(a), F.S.
13
Id.
14
Id.
BILL: CS/SB 1638 Page 6
 Cultural and historical resources.
 Imperiled species habitat maintenance, enhancement, restoration, or population restoration.15
Land management plans are required to be updated every 10 years on a rotating basis. 16 Each
manager of conservation lands is required to update a land management plan whenever the
manager proposes to add new facilities or make substantive land use or management changes
that were not addressed in the approved plan, or within one year of the addition of significant
new lands.17
Regional land management review teams are required to evaluate the extent to which the existing
management plan provides sufficient protection to threatened or endangered species, unique or
important natural or physical features, geological or hydrological functions, or archaeological
features, and the extent to which the land is being managed for the purposes for which it was
acquired and the degree to which actual management practices, including public access, are in
compliance with the adopted management plan.18
If the land management review team determines that reviewed lands are not being managed for
the purposes for which they were acquired or in compliance with the adopted land management
plan, management policy statement, or management prospectus, or if the managing agency fails
to address the review findings in the updated management plan, the department is required to
provide the review findings to the board, and the managing agency must report to the board its
reasons for managing the lands as it has.19 The manager of the land is required to consider the
findings and recommendations of the land management review team in finalizing the 10-year
update of the land management plan.20
By J