Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2026
       
       
       
       
       
       
                                Barcode 779400                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Constantine) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1168 and 1169
    4  insert:
    5         Section 23. Part IV of chapter 369, Florida Statutes,
    6  consisting of sections 369.401, 369.402, 369.403, 369.404,
    7  369.405, 369.406, 369.407, and 369.408, is created to read:
    8         369.401Short title.—This part may be cited as the “Florida
    9  Springs Protection Act.”
   10         369.402Legislative findings and intent.—
   11         (1)Florida’s springs are a precious and fragile natural
   12  resource that must be protected. Springs provide recreational
   13  opportunities for swimmers, canoeists, wildlife watchers, cave
   14  divers, and others. Because of the recreational opportunities
   15  and accompanying tourism, many of the state’s springs greatly
   16  benefit state and local economies. In addition, springs provide
   17  critical habitat for plants and animals, including many
   18  endangered or threatened species, and serve as indicators of
   19  groundwater and surface water quality.
   20         (2)In general, Florida’s springs, whether found in urban
   21  or rural settings, or on public or private lands, are threatened
   22  by actual, or potential, flow reductions and declining water
   23  quality. Many of Florida’s springs show signs of ecological
   24  imbalance, increased nutrient loading, and lowered water flow.
   25  Groundwater sources of spring discharges are recharged by
   26  seepage from the surface and through direct conduits such as
   27  sinkholes and can be adversely affected by polluted runoff from
   28  urban and agricultural lands and discharges resulting from poor
   29  wastewater management practices.
   30         (3)Springs and groundwater can be restored through good
   31  stewardship, including effective planning strategies, best
   32  management practices, and appropriate regulatory programs that
   33  preserve and protect the springs and their springsheds.
   34         369.403Definitions.—As used in this part, the term:
   35         (1)“Cooperating entities” means the Department of
   36  Environmental Protection, the Department of Health, the
   37  Department of Agriculture and Consumer Services, the Department
   38  of Community Affairs, the Department of Transportation, and each
   39  water management district and those county and municipal
   40  governments having jurisdiction in the areas of the springs
   41  identified in s. 369.404.
   42         (2)“Department” means the Department of Environmental
   43  Protection.
   44         (3)“Estimated sewage flow” means the quantity of domestic
   45  and commercial wastewater in gallons per day which is expected
   46  to be produced by an establishment or single-family residence as
   47  determined by rule of the Department of Health.
   48         (4)“First magnitude spring” means a spring that has a
   49  median discharge of greater than or equal to 100 cubic feet per
   50  second for the period of record, as determined by the
   51  department.
   52         (5)“Karst” means landforms, generally formed by the
   53  dissolution of soluble rocks such as limestone or dolostone,
   54  forming direct connections to the groundwater such as springs,
   55  sinkholes, sinking streams, closed depressions, subterranean
   56  drainage, and caves.
   57         (6)“Onsite sewage treatment and disposal system” or
   58  “septic system” means a system that contains a standard
   59  subsurface, filled, or mound drainfield system; an aerobic
   60  treatment unit; a graywater system tank; a laundry wastewater
   61  system tank; a septic tank; a grease interceptor; a pump tank; a
   62  solids or effluent pump; a waterless, incinerating, or organic
   63  waste-composting toilet; or a sanitary pit privy that is
   64  installed or proposed to be installed beyond the building sewer
   65  on land of the owner or on other land to which the owner has the
   66  legal right to install a system. The term includes any item
   67  placed within, or intended to be used as a part of or in
   68  conjunction with, the system. This term does not include package
   69  sewage treatment facilities and other treatment works regulated
   70  under chapter 403.
   71         (7)“Second magnitude spring” means a spring that has a
   72  median discharge of 10 to 100 cubic feet per second for the
   73  period of record, as determined by the department.
   74         (8)“Spring” means a point where ground water is discharged
   75  onto the earth’s surface, including under any surface water of
   76  the state, including seeps. The term includes a spring run.
   77         (9)“Springshed” means those areas within the groundwater
   78  and surface water basins which contribute to the discharge of a
   79  spring.
   80         (10)“Usable property” means the area of the property
   81  expressed in acres exclusive of all paved areas and prepared
   82  road beds within public or private rights-of-way or easements
   83  and exclusive of surface water bodies.
   84         369.404Designation of spring protection zones.—
   85         (1)All counties or municipalities in which there are
   86  located first or second magnitude springs are hereby designated
   87  as spring protection zones.
   88         (2)By July 1, 2010, the department is directed to propose
   89  for adoption rules to implement the requirements of this
   90  section.
   91         (a)Such rules at a minimum shall create a priority list of
   92  first and second magnitude springs designating them as high,
   93  medium, or low priority based on the following measurements of
   94         nitrate concentration in the water column at the point that
   95  the spring discharges onto the earth’s surface as an average
   96  annual concentration:
   97         1.High – nitrate greater than or equal to 1.0 milligrams
   98  per liter as determined using existing water quality data;
   99         2.Medium – nitrate greater than or equal to 0.5 milligrams
  100  per liter and less than 1.0 milligrams per liter as determined
  101  using existing water quality data; and
  102         3.Low – all first or second magnitude springs not
  103  categorized as either High or Medium.
  104         (b)Based on the priority determination of the department
  105  for first and second magnitude springs, the corresponding
  106  deadlines apply to the requirements of s. 369.405 to spring
  107  protection zones as designated in this section.
  108         1.For high-priority springs, the deadline for compliance
  109  shall be no later than July 1, 2016;
  110         2.For medium-priority springs, the deadline for compliance
  111  shall be no later than July 1, 2019; and
  112         3.For low-priority springs, the deadline for compliance
  113  shall be no later than July 1, 2024.
  114         (3)By July 1, 2010, the department is directed to propose
  115  for adoption rules that provide the minimum scientific
  116  methodologies, data, or tools that shall be used by a county or
  117  municipal government to support the request for an exemption as
  118  provided for in subsection (4).
  119         (4)A county or municipal government, upon application to
  120  the department, may seek to have specific geographic areas
  121  exempted from the requirements of sections 369.405, 369.406, and
  122  369.407 by demonstrating that activities within such areas will
  123  not impact the springshed in a manner that leads to new or
  124  continued degradation.
  125         (5)Pursuant to subsection (4), the department may approve
  126  or deny an application for an exemption, or may modify the
  127  boundaries of the specific geographic areas for which an
  128  exemption is sought. The ruling of the department on the
  129  applicant’s request shall constitute a final agency action
  130  subject to review pursuant to ss. 120.569 and 120.57.
  131         (6)By July 1, 2010, the department must conduct a study
  132  and report its findings of nitrate concentrations within spring
  133  protection zones designated pursuant to s. 369.404.
  134         369.405Requirements for spring protection zones.—The
  135  requirements of this section are subject to the timelines
  136  established in s. 369.404.
  137         (1)Domestic wastewater discharge and wastewater residual
  138  application must comply with the requirements of this
  139  subsection.
  140         (a)All existing wastewater discharges from facilities
  141  having permitted capacities greater than or equal to 100,000
  142  gallons per day must achieve annual average total nitrogen
  143  concentrations less than or equal to 3 milligrams per liter, as
  144  nitrogen.
  145         (b)All existing wastewater discharges from facilities
  146  having permitted capacities less than 100,000 gallons per day
  147  but greater than 10,000 gallons per day must achieve annual
  148  average concentrations less than or equal to 10 milligrams per
  149  liter, as nitrogen.
  150         (2)Onsite sewage treatment and disposal systems in areas
  151  permitted to or that contain septic systems in densities greater
  152  than or equal to 640 systems per square mile, must connect to a
  153  central wastewater treatment facility or other centralized
  154  collection and treatment system. For the purposes of this
  155  subsection, density must be calculated using the largest number
  156  of systems possible within a square mile.
  157         (3)Agricultural operations must implement applicable best
  158  management practices, including nutrient management, adopted by
  159  the Department of Agriculture and Consumer Services to reduce
  160  nitrogen impacts to ground water. By December 31, 2009, the
  161  Department of Agriculture and Consumer Services, in cooperation
  162  with the other cooperating entities and stakeholders, must
  163  develop and propose for adoption by rule equine, and cow and
  164  calf best-management practices pursuant to this paragraph.
  165  Implementation must be in accordance with paragraph
  166  403.067(7)(b).
  167         (4)Stormwater systems must comply with the requirements of
  168  this section. The department is directed to propose for adoption
  169  rules to implement the requirements of this subsection by July
  170  1, 2010.
  171         (a)Local governments in cooperation with the water
  172  management districts must develop and implement a remediation
  173  plan for all existing drainage wells containing strategies to
  174  reduce nitrogen loading to groundwater to the maximum extent
  175  practicable. The department shall review and approve the
  176  remediation plan prior to implementation. All new drainage wells
  177  must comply with the department’s underground injection control
  178  rules.
  179         (b)Local governments must develop and implement a
  180  remediation plan for all stormwater management systems
  181  constructed prior to 1982 which have not been modified to
  182  provide stormwater treatment containing strategies to reduce
  183  nitrogen loading to ground water to the maximum extent
  184  practicable.
  185         (c)Local governments in cooperation with the water
  186  management districts must develop and implement a remediation
  187  plan to reduce nitrogen loading to ground water including
  188  reducing existing direct discharges of stormwater into
  189  groundwater through karst features to the maximum extent
  190  practicable. The department shall review and approve the
  191  remediation plan prior to implementation.
  192         (d)The Florida Department of Transportation must identify
  193  any untreated stormwater discharges into groundwater through
  194  natural subterranean drainages like sinkholes and develop and
  195  implement a remediation plan to reduce nitrogen loading to
  196  ground water including reducing existing such groundwater
  197  discharges to the maximum extent practicable. The department
  198  shall review and approve the remediation plan prior to
  199  implementation.
  200         (5)This subsection does not limit the department’s
  201  authority to require additional treatment or other actions
  202  pursuant to chapter 403, as necessary, to meet surface and
  203  groundwater quality standards.
  204         369.406Additional requirements for all spring protection
  205  zones.
  206         (1)All newly constructed or expanded domestic wastewater
  207  facilities operational after July 1, 2012, must meet the
  208  advanced wastewater treatment requirements of s. 403.086(4).
  209         (2)For all development not permitted as of July 1, 2009,
  210  which has septic system densities greater than or equal to 640
  211  systems per square mile, connection to a central wastewater
  212  treatment facility or other centralized collection and treatment
  213  system is required. For the purposes of this subsection, density
  214  must be calculated using the largest number of systems possible
  215  within a square mile.
  216         (3)New septic systems required as a result of the
  217  mandatory inspection program provided for in subsection (3) of
  218  s. 381.0065 and installed after July 1, 2009, must be designed
  219  to meet a target annual average groundwater concentration of no
  220  more than 3 milligrams per liter total nitrogen at the owner’s
  221  property line. Compliance with these requirements does not
  222  require groundwater monitoring. The Department of Health shall
  223  develop and adopt by rule design standards for achieving this
  224  target annual average groundwater concentration. At a minimum,
  225  this standard must take into consideration the relationship
  226  between the treatment level achieved by the septic system and
  227  the area of usable property available for rainwater dilution.
  228         (4)Prior to adoption of the design standards by the
  229  Department of Health, compliance with the requirements in
  230  subsection (3) is presumed if one the following conditions are
  231  met:
  232         (a)The lot associated with the establishment or single
  233  family home is served by a septic system meeting the baseline
  234  system standards set forth in rules of the Department of Health,
  235  and the ratio of estimated sewage flow in gallons per day to
  236  acres of usable property is 100 to 1 or less.
  237         (b)The lot associated with the establishment or single
  238  family home is served by a septic system meeting at least the
  239  advanced secondary treatment standards for nitrogen as set forth
  240  in rules of the Department of Health, combined with a drip
  241  irrigation system, a shallow low pressure dosed or a time-dosed
  242  drainfield system.
  243         (c)The lot associated with the establishment or single
  244  family home is scheduled to connect to a central wastewater
  245  treatment facility within six months of the application for
  246  permit.
  247         (5)Subsection (4) does not supersede the jurisdictional
  248  flow limits established in s. 381.0065(3)(b).
  249         (6)Land application of septage is prohibited and subject
  250  to a $250 fine for a first offense and $500 fine for a second or
  251  subsequent offense pursuant to the authority granted to the
  252  Department of Health in s. 381.0065(3)(h).
  253         (7)Any septic system, when requiring repair, modification,
  254  or reapproval, must meet a 24-inch separation from the wet
  255  season water table and the surface water setback requirements in
  256  s. 381.0065(4). All treatment receptacles must be within one
  257  size of the requirements in rules of the Department of Health
  258  and must be tested for watertightness by a state-licensed septic
  259  tank contractor or plumber.
  260         (8)Each owner of a publicly owned or investor-owned
  261  sewerage system must notify all owners of septic systems,
  262  excluding approved graywater systems, of the availability of
  263  central sewerage facilities for purposes of connection pursuant
  264  to s. 381.00655(1) within 60 days after receipt of notification
  265  from the Department of Health that collection facilities for the
  266  central sewerage system have been cleared for use.
  267         (a)Notwithstanding s. 381.00655(2)(b), a publicly owned or
  268  investor-owned sewerage system may not waive the requirement for
  269  mandatory onsite sewage disposal connection to an available
  270  publicly owned or investor-owned sewerage system, except as
  271  provided in paragraph (b).
  272         (b)With the approval of the Department of Health, a
  273  publicly owned or investor-owned sewerage system may waive the
  274  requirement for mandatory onsite sewage disposal connection for
  275  a sewage treatment system that meets or exceeds standards
  276  established for septic systems if it determines that such
  277  connection is not required in the public interest due to water
  278  quality or public health considerations.
  279         (9)In hardship cases the Department of Health may grant
  280  variances to the provisions of this section and any rules
  281  adopted under this section in accordance with s. 381.0065(4)(h).
  282         (10)After July 1, 2010, land application of Class A, Class
  283  B, or Class AA wastewater residuals, as defined by department
  284  rule, is prohibited. This prohibition does not apply to Class AA
  285  residuals that are marketed and distributed as fertilizer
  286  products in accordance with department rule.
  287         (11)Animal feeding operations must implement the
  288  requirements of rules adopted by the department to reduce
  289  nitrogen impacts to ground water. By December 31, 2009, the
  290  department, in cooperation with the other cooperating entities
  291  and stakeholders, must develop and propose for adoption, revised
  292  rules for animal feeding operations which address requirements
  293  for lined wastewater storage ponds and the development and
  294  implementation of nutrient management plans, including the land
  295  spreading of animal waste not treated and packaged as
  296  fertilizer.
  297         (12)All county and municipal governments must, at a
  298  minimum, adopt the department’s model ordinance for Florida
  299  Friendly Fertilizer Use on Urban Landscapes located in the
  300  Florida-Friendly Landscape Guidance Models for Ordinances,
  301  Covenants and Restrictions (2009) by December 31, 2010.
  302         (13)The department and the water management districts
  303  shall adopt design criteria for stormwater treatment systems
  304  located within spring protection zones to minimize the movement
  305  of nitrogen into the ground water and to prevent the formation
  306  of sinkholes within stormwater systems.
  307         (14)This subsection does not limit the department’s
  308  authority to require additional treatment or other actions
  309  pursuant to chapter 403, as necessary, to meet surface and
  310  groundwater quality standards.
  311         369.407Florida Springs Onsite Sewage Treatment and
  312  Disposal System Compliance Grant Program.—
  313         (1)The Florida Springs Onsite Sewage Treatment and
  314  Disposal System Compliance Grant Program is established in the
  315  department and shall be administered by it. The purpose of the
  316  program is to provide grants to low-income property owners in
  317  spring protection zones using septic systems to assist the
  318  property owners in complying with rules for these systems
  319  developed by the department, or the water management districts,
  320  or to connect to a central wastewater treatment facility or
  321  other centralized collection and treatment system pursuant to
  322  ss. 369.405(2) or 381.00655(1). The grant program is effective
  323  upon final adoption of the department rules and may be applied
  324  to costs incurred on or after such date.
  325         (2)Any property owner in a spring protection zone having
  326  an income less than or equal to 200 percent of the federal
  327  poverty level who is required by rule of the department or the
  328  water management districts to alter, repair, or modify any
  329  existing septic system to a nitrate-reducing system pursuant to
  330  s. 369.406(3), or to assist property owners with connecting to
  331  available publicly owned or investor-owned sewerage system
  332  pursuant to s. 381.00655(1), may apply to the department for a
  333  grant to assist the owner with the costs of compliance or
  334  connection.
  335         (3)The amount of the grant is limited to the cost
  336  differential between the replacement of a comparable existing
  337  septic system and that of an upgraded nitrate-reducing treatment
  338  system pursuant to s. 369.406(3),or the actual costs incurred
  339  from connection to a central wastewater treatment facility or
  340  other centralized collection and treatment system pursuant to s.
  341  385.00655(1), but may not exceed $5,000 per property.
  342         (4)The grant must be in the form of a rebate to the
  343  property owner for costs incurred in complying with the
  344  requirements for septic systems pursuant to s. 369.406(3), or
  345  incurred from connection to a central wastewater treatment
  346  facility or other centralized collection and treatment system
  347  pursuant to s. 381.00655(1). The property owner must provide
  348  documentation of those costs in the grant application to the
  349  department.
  350         (5)The department shall adopt rules providing forms,
  351  procedures, and requirements for applying for and disbursing
  352  grants, including bid requirements, and for documenting
  353  compliance or connection costs incurred.
  354         (6)The department, in coordination with the water
  355  management districts, shall continue to evaluate, by any means
  356  it deems appropriate, the level of nitrate deposited in Florida
  357  springs by septic systems.
  358         369.408Rules.—
  359         (1)The department, the Department of Health, and the
  360  Department of Agriculture and Consumer Services may adopt rules
  361  pursuant to ss. 120.536(1) and 120.54 to administer the
  362  provisions of this part, as applicable.
  363         (2)(a)The Department of Agriculture and Consumer Services
  364  shall be the lead agency coordinating the reduction of
  365  agricultural nonpoint sources of pollution for springs
  366  protection. The Department of Agriculture and Consumer Services
  367  and the department pursuant to sp. 403.067(7)(c)4, shall study
  368  and if necessary, in cooperation with the other cooperating
  369  entities, applicable county and municipal governments and
  370  stakeholders, initiate rulemaking to implement new or revised
  371  best management practices for improving and protecting springs.
  372  As needed to implement the new or revised practices, the
  373  Department of Agriculture and Consumer Services, shall revise
  374  its best management practices rules to require implementation of
  375  the modified practice within a reasonable time period as
  376  specified in the rule.
  377         (b)The Department of Agriculture and Consumer Services,
  378  the department, and the University of Florida, Institute of Food
  379  an Agricultural Sciences shall cooperate in the conduct of
  380  necessary research and demonstration projects to develop
  381  improved or additional nutrient management tools, including the
  382  use of controlled release fertilizer, which can be used by
  383  agricultural producers as part of an agricultural best
  384  management practices program. The development of such tools
  385  shall reflect a balance between water quality improvements and
  386  agricultural productivity and, where applicable, shall be
  387  incorporated into revised best management practices adopted by
  388  rule of the Department of Agriculture and Consumer Services.
  389         (3)The department shall as a part of the rules developed
  390  for this part include provisions that allow for the variance of
  391  the compliance deadlines provided for in paragraph (b) of s.
  392  369.404(2). Such variance shall, at a minimum, be based on the
  393  financial ability of the responsible county or municipality to
  394  meet the requirements of this part.
  395         Section 24. Paragraph (l) is added to subsection (6) of
  396  section 163.3177, Florida Statutes, to read:
  397         163.3177 Required and optional elements of comprehensive
  398  plan; studies and surveys.—
  399         (6) In addition to the requirements of subsections (1)-(5)
  400  and (12), the comprehensive plan shall include the following
  401  elements:
  402         (l)In counties or municipalities, or portions thereof,
  403  designated as spring protection zones pursuant to s. 369.404,
  404  during the first comprehensive plan evaluation and appraisal
  405  report conducted after July 1, 2009, a spring protection measure
  406  that ensures the protection of and, where necessary, restoration
  407  of water quality in springs shall be added to the appropriate
  408  comprehensive plan element. The measure must address minimizing
  409  human impacts on springs from development through protecting
  410  karst features, as defined in s. 369.403, during and after the
  411  development process, ensuring that future development follows
  412  low-impact design principles, ensuring that landscaping and
  413  fertilizer use are consistent with the Florida Friendly
  414  Landscaping program, ensuring adequate open space, and providing
  415  for proper management of stormwater and wastewater to minimize
  416  their effects on the water quality of springs. The spring
  417  protection measure must be based on low-impact design,
  418  landscaping, and fertilizer best-management and use practices
  419  and principles developed by the Department of Environmental
  420  Protection and contained in the Florida Friendly Landscape
  421  Guidance Models for Ordinances, Covenants, and Restrictions. The
  422  Department of Environmental Protection and the state land
  423  planning agency shall make information concerning such best
  424  management and use practices and principles prominently
  425  available on their websites. In addition, all landscape design
  426  and irrigation systems must meet the standards established
  427  pursuant to s. 373.228(4). Failure to adopt a spring protection
  428  measure shall result in a prohibition on any plan amendments
  429  until the measure is adopted.
  430         Section 25. Subsection (7) of section 403.1835, Florida
  431  Statutes, is amended to read:
  432         403.1835 Water pollution control financial assistance.—
  433         (7) Eligible projects must be given priority according to
  434  the extent each project is intended to remove, mitigate, or
  435  prevent adverse effects on surface or ground water quality and
  436  public health. The relative costs of achieving environmental and
  437  public health benefits must be taken into consideration during
  438  the department’s assignment of project priorities. The
  439  department shall adopt a priority system by rule. In developing
  440  the priority system, the department shall give priority to
  441  projects that:
  442         (a) Eliminate public health hazards;
  443         (b) Enable compliance with laws requiring the elimination
  444  of discharges to specific water bodies, including the
  445  requirements of s. 403.086(9) regarding domestic wastewater
  446  ocean outfalls;
  447         (c) Assist in the implementation of total maximum daily
  448  loads and basin management action plans adopted under s.
  449  403.067;
  450         (d) Enable compliance with other pollution control
  451  requirements, including, but not limited to, toxics control,
  452  wastewater residuals management, and reduction of nutrients and
  453  bacteria;
  454         (e) Assist in the implementation of surface water
  455  improvement and management plans and pollutant load reduction
  456  goals developed under state water policy;
  457         (f) Promote reclaimed water reuse;
  458         (g) Eliminate environmental damage caused by failing onsite
  459  sewage treatment and disposal systems, with priority given to
  460  systems located within an area designated as an area of critical
  461  state concern under s. 380.05 or located in a spring protection
  462  zone designated pursuant to s. 369.404 or those that are causing
  463  environmental damage; or
  464         (h) Reduce pollutants to and otherwise promote the
  465  restoration of state Florida’s surface and ground waters.
  466         Section 26. All state agencies and water management
  467  districts shall asses nitrogen loading from all publically owned
  468  buildings and facilities owned or managed by each respective
  469  agency or district located within a spring protection zone using
  470  a consistent methodology, evaluate existing management
  471  activities, and develop and begin implementing management plans
  472  to reduce adverse impacts to the springs no later than December
  473  31, 2011.
  474         Section 27. Present paragraphs (d) through (n) of
  475  subsection (3) of section 381.0065, Florida Statutes, are
  476  redesignated as paragraphs (e) through (o), respectively, and a
  477  new paragraph (d) is added to that subsection, to read:
  478         381.0065 Onsite sewage treatment and disposal systems;
  479  regulation.—
  480         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  481  department shall:
  482         (d)Develop and implement a mandatory statewide onsite
  483  sewage treatment and disposal system inspection program.
  484         1.The program shall:
  485         a.Be phased in over a 10-year cycle and provide that every
  486  system is inspected on a 5-year recurring cycle.
  487         b.Initially target those systems inspected under other
  488  departmental criteria.
  489         c.Provide for the exemption of those systems in areas
  490  where the density of systems is fewer than 1 per 3 acres unless
  491  the property abuts a water body or water segment that is listed
  492  as impaired pursuant to s. 403.067, or is within a county
  493  designated as a spring protection zone pursuant to s. 369.404.
  494         2.The department, local government, or state-licensed
  495  septic tank contractor or plumber shall charge an additional fee
  496  of up to $20 for each system inspected. Upon completion of the
  497  inspection, the entity conducting the inspection must submit an
  498  application for approval to the department and provide a copy to
  499  the owner. The department must approve the system for continued
  500  use or notify the owner of the requirement for a repair or
  501  modification permit.
  502         3.Revenues from the fee must be deposited in the
  503  appropriate department trust fund, and a minimum of 50 percent
  504  of the revenues shall be dedicated to the grant program created
  505  pursuant to s. 369.407.
  506         Section 28. Paragraph (m) is added to subsection (9) of
  507  section 259.105, Florida Statutes, to read:
  508         259.105 The Florida Forever Act.—
  509         (9) The Acquisition and Restoration Council shall recommend
  510  rules for adoption by the board of trustees to competitively
  511  evaluate, select, and rank projects eligible for Florida Forever
  512  funds pursuant to paragraph (3)(b) and for additions to the
  513  Conservation and Recreation Lands list pursuant to ss. 259.032
  514  and 259.101(4). In developing these proposed rules, the
  515  Acquisition and Restoration Council shall give weight to the
  516  following criteria:
  517         (m)Any part of the project area falls within a springs
  518  protection zone as defined by ss. 369.401-369.407.
  519         Section 29. Section 403.9335, Florida Statutes, is created
  520  to read:
  521         403.9335Protection of urban and residential environments
  522  and water.—
  523         (1)The Legislature finds that the implementation of the
  524  department’s Model Ordinance for Florida-Friendly Fertilizer Use
  525  on Urban Landscapes located in the Florida-Friendly Landscape
  526  Guidance Models for Ordinances, Covenants, and Restrictions
  527  (2009) manual, which was developed consistent with the
  528  recommendations of the Florida Consumer Fertilizer Task Force,
  529  in concert with the provisions of the Labeling Requirements for
  530  Urban Turf Fertilizers found in chapter 5E-1 Florida
  531  Administrative Code, will assist in protecting the quality of
  532  Florida’s surface water and ground water resources. The
  533  Legislature further finds that local circumstances, including
  534  the varying types and conditions of water bodies, site-specific
  535  soils and geology, and urban or rural densities and
  536  characteristics, necessitates that additional or more stringent
  537  fertilizer-management practices may be needed at the local
  538  government level.
  539         (2)All county and municipal governments are encouraged to
  540  adopt and enforce the provisions in the department’s Model
  541  Ordinance for Florida-Friendly Fertilizer Use on Urban
  542  Landscapes as a mechanism for better protecting local surface
  543  water and ground water quality.
  544         (3)Each county and municipal government located within the
  545  watershed of a water body or water segment that is listed by the
  546  department as impaired by nutrients pursuant to s. 403.067, or
  547  designated as a spring protection zone pursuant to 369.404,
  548  shall adopt, at a minimum, the provisions of the department’s
  549  Model Ordinance for Florida-Friendly Fertilizer Use on Urban
  550  Landscapes. A county or municipal government may adopt
  551  additional or more stringent provisions than the model ordinance
  552  if the following criteria are met:
  553         (a)The county or municipal government has demonstrated, as
  554  part of a comprehensive program to address nonpoint sources of
  555  nutrient pollution which is science-based, economically and
  556  technically feasible, that additional or more stringent
  557  provisions to the model ordinance are necessary to adequately
  558  address urban fertilizer contributions to nonpoint source
  559  nutrient loading to a water body.
  560         (b)The county or municipal government documents
  561  consideration of all relevant scientific information including
  562  input from the department, the Department of Agriculture and
  563  Consumer Services and the University of Florida Institute of
  564  Food and Agricultural Sciences, if provided, on the need for
  565  additional or more stringent provisions to address fertilizer
  566  use as a contributor to water quality degradation. All
  567  documentation shall be made part of the public record prior to
  568  adoption of the additional or more stringent criteria.
  569         (4)Any county or municipal government that has adopted its
  570  own fertilizer use ordinance before January 1, 2009 is exempt
  571  from the provisions of this section. Ordinances adopted or
  572  amended after January 1, 2009 shall adopt the provisions in the
  573  most recent version of the model fertilizer ordinance and shall
  574  be subject to the criteria described in subsections (1) and (2)
  575  above.
  576         (5)Nothing herein shall be construed to regulate the use
  577  of fertilizer on farm operations as defined in s. 823.14 or on
  578  lands classified as agricultural lands pursuant to s. 193.461.
  579         Section 30. Section 403.9337, Florida Statutes, is created
  580  to read:
  581         403.9337Urban turf fertilizers.—
  582         (1)As used in this section, the term:
  583         (a)“No-phosphate fertilizer” or “no-phosphorus fertilizer”
  584  means fertilizer that contains less than 0.5 percent phosphate
  585  by weight.
  586         (b)“Urban turf” means noncropland planted, mowed, and
  587  managed grasses, including, but not limited to, residential
  588  lawns; turf on commercial property; filter strips; and turf on
  589  property owned by federal, state, or local governments and other
  590  public lands, including roadways, roadsides, parks, campsites,
  591  recreation areas, school grounds, and other public grounds. The
  592  term does not include pastures, hay production and grazing land,
  593  turf grown on sod farms, or any other form of agricultural
  594  production; golf courses or sports turf fields; or garden
  595  fruits, flowers, or vegetables.
  596         (c)“Soil test” means a test performed on soil planted or
  597  sodded, or that will be planted or sodded, by a laboratory
  598  approved by the Department of Agriculture and Consumer Services
  599  and performed within the last 2 years to indicate if the level
  600  of available phosphorus in the soil is sufficient to support
  601  healthy turf growth.
  602         (d)“Tissue test” means a test performed on plant tissue
  603  growing in the soil planted or sodded, or that will be planted
  604  or sodded, by a laboratory approved by the Department of
  605  Agriculture and Consumer Services and performed within the last
  606  2 years to indicate if the level of available phosphorus in the
  607  soil is sufficient to support healthy turf.
  608         (2)Other than no-phosphate and no-phosphorus fertilizers,
  609  fertilizer containing phosphorus may not be applied to urban
  610  turf anywhere in this state on or after July 1, 2011, unless a
  611  soil or tissue test that is conducted pursuant to a method
  612  approved by the Department of Agriculture and Consumer Services
  613  indicates:
  614         (a)For turf that is being initially established by seed or
  615  sod, the level of available phosphorus is insufficient to
  616  establish new turf growth and a root system. However, during the
  617  first year, a one-time application only of up to 1 pound of
  618  phosphate per 1,000 square feet of area may be applied.
  619         (b)For established turf, the level of available phosphorus
  620  is insufficient to support healthy turf growth. However, no more
  621  than 0.25 pound of phosphate per 1,000 square feet of area per
  622  each application may be applied, not to exceed 0.5 pound of
  623  phosphate per 1,000 square feet of area per year.
  624         Section 31. Effective July 1, 2010, all of the powers,
  625  duties, functions, records, personnel, and property; unexpended
  626  balances of appropriations, allocations, and other funds;
  627  administrative authority; administrative rules; pending issues;
  628  and existing contracts of the Bureau of Onsite Sewage Programs
  629  in the Department of Health, as authorized and governed by ss.
  630  20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
  631  381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
  632  a type II transfer, pursuant to s. 20.06(2), to the Florida
  633  Department of Environmental Protection. In addition all existing
  634  powers, duties, functions, records, personnel, and property;
  635  unexpended balances of appropriations, allocations, and other
  636  funds; administrative authority; administrative rules; pending
  637  issues; and existing contracts associated with county health
  638  departments’ onsite sewage programs are transferred to the
  639  Department of Environmental Protection.
  640         Section 32. Subsection (6) of section 369.317, Florida
  641  Statutes, is amended to read:
  642         369.317 Wekiva Parkway.—
  643         (6) The Orlando-Orange County Expressway Authority is
  644  hereby granted the authority to act as a third-party acquisition
  645  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
  646  or chapter 373 on behalf of the governing board of the St. Johns
  647  River Water Management District, for the acquisition of all
  648  necessary lands, property and all interests in property
  649  identified herein, including fee simple or less-than-fee simple
  650  interests. The lands subject to this authority are identified in
  651  paragraph 10.a., State of Florida, Office of the Governor,
  652  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
  653  of the Wekiva Basin Area Task Force created by Executive Order
  654  2002-259, such lands otherwise known as Neighborhood Lakes, a
  655  1,587+/- acre parcel located in Orange and Lake Counties within
  656  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
  657  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
  658  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
  659  County within Section 37, Township 19 South, Range 28 East; New
  660  Garden Coal; a 1,605+/- acre parcel in Lake County within
  661  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
  662  East; Pine Plantation, a 617+/- acre tract consisting of eight
  663  individual parcels within the Apopka City limits. The Department
  664  of Transportation, the Department of Environmental Protection,
  665  the St. Johns River Water Management District, and other land
  666  acquisition entities shall participate and cooperate in
  667  providing information and support to the third-party acquisition
  668  agent. The land acquisition process authorized by this paragraph
  669  shall begin no later than December 31, 2004. Acquisition of the
  670  properties identified as Neighborhood Lakes, Pine Plantation,
  671  and New Garden Coal, or approval as a mitigation bank shall be
  672  concluded no later than December 31, 2010. Department of
  673  Transportation and Orlando-Orange County Expressway Authority
  674  funds expended to purchase an interest in those lands identified
  675  in this subsection shall be eligible as environmental mitigation
  676  for road construction related impacts in the Wekiva Study Area.
  677  If any of the lands identified in this subsection are used as
  678  environmental mitigation for road construction related impacts
  679  incurred by the Department of Transportation or Orlando-Orange
  680  County Expressway Authority, or for other impacts incurred by
  681  other entities, within the Wekiva Study Area or within the
  682  Wekiva parkway alignment corridor, and if the mitigation offsets
  683  these impacts, then the St. Johns River Water Management
  684  District and the Department of Environmental Protection shall
  685  consider the activity regulated under Part IV of Chapter 373 to
  686  meet the cumulative impact requirements of s. 373.414(8)(a).
  687         Section 33. Section 373.185, Florida Statutes, is amended
  688  to read:
  689         373.185 Local Florida-friendly landscaping Xeriscape
  690  ordinances.—
  691         (1) As used in this section, the term:
  692         (a) “Local government” means any county or municipality of
  693  the state.
  694         (b) “Xeriscape” or “Florida-friendly landscaping landscape”
  695  means quality landscapes that conserve water, and protect the
  696  environment, and are adaptable to local conditions, and which
  697  are drought tolerant. The principles of such landscaping
  698  Xeriscape include planting the right plant in the right place,
  699  efficient watering, appropriate fertilization, mulching,
  700  attraction of wildlife, responsible management of yard pests,
  701  recycling yard waste, reduction of stormwater runoff, and
  702  waterfront protection. Additional components include practices
  703  such as landscape planning and design, appropriate choice of
  704  plants, soil analysis, which may include the appropriate use of
  705  solid waste compost, minimizing the use of efficient irrigation,
  706  practical use of turf, appropriate use of mulches, and proper
  707  maintenance.
  708         (2) Each water management district shall design and
  709  implement an incentive program to encourage all local
  710  governments within its district to adopt new ordinances or amend
  711  existing ordinances to require Florida-friendly Xeriscape
  712  landscaping for development permitted after the effective date
  713  of the new ordinance or amendment. Each district shall adopt
  714  rules governing the implementation of its incentive program and
  715  governing the review and approval of local government Xeriscape
  716  ordinances or amendments which are intended to qualify a local
  717  government for the incentive program. Each district shall assist
  718  the local governments within its jurisdiction by providing a
  719  model Florida-friendly landscaping ordinance Xeriscape code and
  720  other technical assistance. Each district may develop its own
  721  model or use a model contained in the “Florida-Friendly
  722  Landscape Guidance Models for Ordinances, Covenants, and
  723  Restrictions” manual developed by the department. To qualify for
  724  a district’s incentive program, a local government Xeriscape
  725  ordinance or amendment, in order to qualify the local government
  726  for a district’s incentive program, must include, at a minimum:
  727         (a) Landscape design, installation, and maintenance
  728  standards that result in water conservation and water quality
  729  protection or restoration. Such standards must shall address the
  730  use of plant groupings, soil analysis including the promotion of
  731  the use of solid waste compost, efficient irrigation systems,
  732  and other water-conserving practices.
  733         (b) Identification of prohibited invasive exotic plant
  734  species consistent with s. 581.091.
  735         (c) Identification of controlled plant species, accompanied
  736  by the conditions under which such plants may be used.
  737         (d) A provision specifying the maximum percentage of
  738  irrigated turf and the maximum percentage of impervious surfaces
  739  allowed in a Florida-friendly landscaped xeriscaped area and
  740  addressing the practical selection and installation of turf.
  741         (e) Specific standards for land clearing and requirements
  742  for the preservation of existing native vegetation.
  743         (f) A monitoring program for ordinance implementation and
  744  compliance.
  745         (3)Each water management district shall also The districts
  746  also shall work with the department, local governments, county
  747  extension agents or offices, nursery and landscape industry
  748  groups, and other interested stakeholders to promote, through
  749  educational programs, and publications, and other district
  750  activities authorized under this chapter, the use of Florida
  751  friendly landscaping Xeriscape practices, including the use of
  752  solid waste compost, in existing residential and commercial
  753  development. In conducting these activities, each district shall
  754  use the materials developed by the department, the Institute of
  755  Food and Agricultural Sciences at the University of Florida, and
  756  the Center for Landscape Conservation and Ecology Florida
  757  Friendly Landscaping program, including, but not limited to, the
  758  Florida Yards and Neighborhoods Program for homeowners, the
  759  Florida Yards and Neighborhoods Builder Developer Program for
  760  developers, and the Green Industries Best Management Practices
  761  Program for landscaping professionals. Each district may develop
  762  supplemental materials as appropriate to address the physical
  763  and natural characteristics of the district. The districts shall
  764  coordinate with the department and the Institute of Food and
  765  Agricultural Sciences at the University of Florida if revisions
  766  to the educational materials are needed. This section may not be
  767  construed to limit the authority of the districts to require
  768  Xeriscape ordinances or practices as a condition of any
  769  consumptive use permit.
  770         (a)The Legislature finds that the use of Florida-friendly
  771  landscaping and other water use and pollution prevention
  772  measures to conserve or protect the state’s water resources
  773  serves a compelling public interest and that the participation
  774  of homeowners’ associations and local governments is essential
  775  to state’s efforts in water conservation and water quality
  776  protection and restoration.
  777         (b)(3) A deed restriction, or covenant entered after
  778  October 1, 2001, or local government ordinance may not prohibit
  779  or be enforced so as to prohibit any property owner from
  780  implementing Xeriscape or Florida-friendly landscaping landscape
  781  on his or her land or create any requirement or limitation in
  782  conflict with any provision of part II of this chapter or a
  783  water shortage order, other order, consumptive use permit, or
  784  rule adopted or issued pursuant to part II of this chapter.
  785         (4)This section does not limit the authority of the
  786  department or the water management districts to require Florida
  787  friendly landscaping ordinances or practices as a condition of
  788  any permit issued under this chapter.
  789         Section 34. Section 373.187, Florida Statutes, is created
  790  to read:
  791         373.187Water management district implementation of
  792  Florida-friendly landscaping.—Each water management district
  793  shall use Florida-friendly landscaping, as defined in s.
  794  373.185, on public property associated with buildings and
  795  facilities owned by the district and constructed after June 30,
  796  2009. Each district shall also develop a 5-year program for
  797  phasing in the use of Florida-friendly landscaping on public
  798  property associated with buildings or facilities owned by the
  799  district and constructed before July 1, 2009.
  800         Section 35. Section 373.228, Florida Statutes, is amended
  801  to read:
  802         373.228 Landscape irrigation design.—
  803         (1) The Legislature finds that multiple areas throughout
  804  the state have been identified by water management districts as
  805  water resource caution areas, which indicates that in the near
  806  future water demand in those areas will exceed the current
  807  available water supply and that conservation is one of the
  808  mechanisms by which future water demand will be met.
  809         (2) The Legislature finds that landscape irrigation
  810  comprises a significant portion of water use and that the
  811  current typical landscape irrigation systems system and Florida
  812  friendly landscaping xeriscape designs offer significant
  813  potential water conservation benefits.
  814         (3) It is the intent of the Legislature to improve
  815  landscape irrigation water use efficiency by ensuring that
  816  landscape irrigation systems meet or exceed minimum design
  817  criteria.
  818         (4) The water management districts shall work with the
  819  Florida Nursery, Nurserymen and Growers and Landscape
  820  Association, the Florida Native Plant Society, the Florida
  821  Chapter of the American Society of Landscape Architects, the
  822  Florida Irrigation Society, the Department of Agriculture and
  823  Consumer Services, the Institute of Food and Agricultural
  824  Sciences, the Department of Environmental Protection, the
  825  Department of Transportation, the Florida League of Cities, the
  826  Florida Association of Counties, and the Florida Association of
  827  Community Developers to develop landscape irrigation and
  828  Florida-friendly landscaping xeriscape design standards for new
  829  construction which incorporate a landscape irrigation system and
  830  develop scientifically based model guidelines for urban,
  831  commercial, and residential landscape irrigation, including drip
  832  irrigation, for plants, trees, sod, and other landscaping. The
  833  landscape and irrigation design standards shall be based on the
  834  irrigation code defined in the Florida Building Code, Plumbing
  835  Volume, Appendix F. Local governments shall use the standards
  836  and guidelines when developing landscape irrigation and Florida
  837  friendly landscaping xeriscape ordinances. By January 1, 2011,
  838  the agencies and entities specified in this subsection shall
  839  review the standards and guidelines to determine whether new
  840  research findings require a change or modification of the
  841  standards and guidelines.
  842         (5)In evaluating water use applications from public water
  843  suppliers, water management districts shall consider whether the
  844  applicable local government has adopted ordinances for
  845  landscaping and irrigation systems consistent with the Florida
  846  friendly landscaping provisions of s. 373.185.
  847         Section 36. Subsection (3) of section 373.323, Florida
  848  Statutes, is amended to read:
  849         373.323 Licensure of water well contractors; application,
  850  qualifications, and examinations; equipment identification.—
  851         (3) An applicant who meets the following requirements is
  852  shall be entitled to take the water well contractor licensure
  853  examination to practice water well contracting:
  854         (a) Is at least 18 years of age.
  855         (b) Has at least 2 years of experience in constructing,
  856  repairing, or abandoning water wells. Satisfactory proof of such
  857  experience is demonstrated by providing:
  858         1.Evidence of the length of time the applicant has been
  859  engaged in the business of the construction, repair, or
  860  abandonment of water wells as a major activity, as attested to
  861  by a letter from three of the following persons:
  862         a.A water well contractor.
  863         b.A water well driller.
  864         c.A water well parts and equipment vendor.
  865         d.A water well inspector employed by a governmental
  866  agency.
  867         2.A list of at least 10 water wells that the applicant has
  868  constructed, repaired, or abandoned within the preceding 5
  869  years. Of these wells, at least seven must have been
  870  constructed, as defined in s. 373.303(2), by the applicant. The
  871  list must also include:
  872         a.The name and address of the owner or owners of each
  873  well.
  874         b.The location, primary use, and approximate depth and
  875  diameter of each well.
  876         c.The approximate date the construction, repair, or
  877  abandonment of each well was completed.
  878         (c) Has completed the application form and remitted a
  879  nonrefundable application fee.
  880         Section 37. Subsection (8) of section 373.333, Florida
  881  Statutes, is amended to read:
  882         373.333 Disciplinary guidelines; adoption and enforcement;
  883  license suspension or revocation.—
  884         (8) The water management district may impose through an
  885  order an administrative fine not to exceed $5,000 per occurrence
  886  against an unlicensed person if when it determines that the
  887  unlicensed person has engaged in the practice of water well
  888  contracting, for which a license is required.
  889         Section 38. Section 125.568, Florida Statutes, is amended
  890  to read:
  891         125.568 Conservation of water; Florida-friendly landscaping
  892  Xeriscape.—
  893         (1)(a) The Legislature finds that Florida-friendly
  894  landscaping Xeriscape contributes to the conservation,
  895  protection, and restoration of water. In an effort to meet the
  896  water needs of this state in a manner that will supply adequate
  897  and dependable supplies of water where needed, it is the intent
  898  of the Legislature that Florida-friendly landscaping Xeriscape
  899  be an essential part of water conservation and water quality
  900  protection and restoration planning.
  901         (b) As used in this section, “Xeriscape” or “Florida
  902  friendly landscaping” has the same meaning as in s. 373.185
  903  landscape” means quality landscapes that conserve water and
  904  protect the environment and are adaptable to local conditions
  905  and which are drought tolerant. The principles of Xeriscape
  906  include planning and design, appropriate choice of plants, soil
  907  analysis which may include the use of solid waste compost,
  908  practical use of turf, efficient irrigation, appropriate use of
  909  mulches, and proper maintenance.
  910         (2) The board of county commissioners of each county shall
  911  consider enacting ordinances, consistent with s. 373.185,
  912  requiring the use of Florida-friendly landscaping Xeriscape as a
  913  water conservation or water quality protection or restoration
  914  measure. If the board determines that such landscaping Xeriscape
  915  would be of significant benefit as a water conservation or water
  916  quality protection or restoration measure, especially for waters
  917  designated as impaired pursuant to s. 403.067, relative to the
  918  cost to implement Florida-friendly Xeriscape landscaping in its
  919  area of jurisdiction, the board shall enact a Florida-friendly
  920  landscaping Xeriscape ordinance. Further, the board of county
  921  commissioners shall consider promoting Florida-friendly
  922  landscaping Xeriscape as a water conservation or water quality
  923  protection or restoration measure by: using such landscaping
  924  Xeriscape in any, around, or near facilities, parks, and other
  925  common areas under its jurisdiction which are landscaped after
  926  the effective date of this act; providing public education on
  927  Florida-friendly landscaping Xeriscape, its uses in increasing
  928  as a water conservation and water quality protection or
  929  restoration tool, and its long-term cost-effectiveness; and
  930  offering incentives to local residents and businesses to
  931  implement Florida-friendly Xeriscape landscaping.
  932         (3)(a)The Legislature finds that the use of Florida
  933  friendly landscaping and other water use and pollution
  934  prevention measures to conserve or protect the state’s water
  935  resources serves a compelling public interest and that the
  936  participation of homeowners’ associations and local governments
  937  is essential to the state’s efforts in water conservation and
  938  water quality protection and restoration.
  939         (b) A deed restriction, or covenant entered after October
  940  1, 2001, or local government ordinance may not prohibit or be
  941  enforced so as to prohibit any property owner from implementing
  942  Xeriscape or Florida-friendly landscaping landscape on his or
  943  her land or create any requirement or limitation in conflict
  944  with any provision of part II of chapter 373 or a water shortage
  945  order, other order, consumptive use permit, or rule adopted or
  946  issued pursuant to part II of chapter 373.
  947         Section 39. Section 166.048, Florida Statutes, is amended
  948  to read:
  949         166.048 Conservation of water; Florida-friendly landscaping
  950  Xeriscape.—
  951         (1)(a) The Legislature finds that Florida-friendly
  952  landscaping Xeriscape contributes to the conservation,
  953  protection, and restoration of water. In an effort to meet the
  954  water needs of this state in a manner that will supply adequate
  955  and dependable supplies of water where needed, it is the intent
  956  of the Legislature that Florida-friendly landscaping Xeriscape
  957  be an essential part of water conservation and water quality
  958  protection and restoration planning.
  959         (b) As used in this section, “Xeriscape” or “Florida
  960  friendly landscaping” has the same meaning as in s. 373.185
  961  landscape” means quality landscapes that conserve water and
  962  protect the environment and are adaptable to local conditions
  963  and which are drought tolerant. The principles of Xeriscape
  964  include planning and design, appropriate choice of plants, soil
  965  analysis which may include the use of solid waste compost,
  966  practical use of turf, efficient irrigation, appropriate use of
  967  mulches, and proper maintenance.
  968         (2) The governing body of each municipality shall consider
  969  enacting ordinances, consistent with s. 373.185, requiring the
  970  use of Florida-friendly landscaping Xeriscape as a water
  971  conservation or water quality protection or restoration measure.
  972  If the governing body determines that such landscaping Xeriscape
  973  would be of significant benefit as a water conservation or water
  974  quality protection or restoration measure, especially for waters
  975  designated as impaired pursuant to s. 403.067, relative to the
  976  cost to implement Florida-friendly Xeriscape landscaping in its
  977  area of jurisdiction in the municipality, the governing body
  978  board shall enact a Florida-friendly landscaping Xeriscape
  979  ordinance. Further, the governing body shall consider promoting
  980  Florida-friendly landscaping Xeriscape as a water conservation
  981  or water quality protection or restoration measure by: using
  982  such landscaping Xeriscape in any, around, or near facilities,
  983  parks, and other common areas under its jurisdiction which are
  984  landscaped after the effective date of this act; providing
  985  public education on Florida-friendly landscaping Xeriscape, its
  986  uses in increasing as a water conservation and water quality
  987  protection or restoration tool, and its long-term cost
  988  effectiveness; and offering incentives to local residents and
  989  businesses to implement Florida-friendly Xeriscape landscaping.
  990         (3)(a)The Legislature finds that the use of Florida
  991  friendly landscaping and other water use and pollution
  992  prevention measures to conserve or protect the state’s water
  993  resources serves a compelling public interest and that the
  994  participation of homeowners’ associations and local governments
  995  is essential to the state’s efforts in water conservation and
  996  water quality protection and restoration.
  997         (b) A deed restriction, or covenant entered after October
  998  1, 2001, or local government ordinance may not prohibit or be
  999  enforced so as to prohibit any property owner from implementing
 1000  Xeriscape or Florida-friendly landscaping landscape on his or
 1001  her land or create any requirement or limitation in conflict
 1002  with any provision of part II of chapter 373 or a water shortage
 1003  order, other order, consumptive use permit, or rule adopted or
 1004  issued pursuant to part II of chapter 373.
 1005         Section 40. Section 255.259, Florida Statutes, is amended
 1006  to read:
 1007         255.259 Florida-friendly Xeriscape landscaping on public
 1008  property.—
 1009         (1) The Legislature finds that water conservation and water
 1010  quality protection and restoration are is increasingly critical
 1011  to the continuance of an adequate water supply and healthy
 1012  surface and ground waters for the citizens of this state. The
 1013  Legislature further finds that “Florida-friendly landscaping
 1014  Xeriscape,” as defined in s. 373.185, can contribute
 1015  significantly to water the conservation and of water quality
 1016  protection and restoration. Finally, the Legislature finds that
 1017  state government has the responsibility to promote Florida
 1018  friendly landscaping Xeriscape as a water conservation and water
 1019  quality protection and restoration measure by using such
 1020  landscaping Xeriscape on public property associated with
 1021  publicly owned buildings or facilities.
 1022         (2) As used in this section, “publicly owned buildings or
 1023  facilities” means those construction projects under the purview
 1024  of the Department of Management Services. The term It does not
 1025  include environmentally endangered land or roads and highway
 1026  construction under the purview of the Department of
 1027  Transportation.
 1028         (3) The Department of Management Services, in consultation
 1029  with the Department of Environmental Protection, shall adopt
 1030  rules and guidelines for the required use of Florida-friendly
 1031  landscaping Xeriscape on public property associated with
 1032  publicly owned buildings or facilities constructed after June
 1033  30, 2009 1992. The Department of Management Services also shall
 1034  also develop a 5-year program for phasing in the use of Florida
 1035  friendly landscaping Xeriscape on public property associated
 1036  with publicly owned buildings or facilities constructed before
 1037  July 1, 2009 1992. In accomplishing these tasks, the Department
 1038  of Management Services shall take into account the standards
 1039  provided in guidelines set out in s. 373.185(2)(a)-(f). The
 1040  Department of Transportation shall implement Florida-friendly
 1041  Xeriscape landscaping pursuant to s. 335.167.
 1042         (4)(a)The Legislature finds that the use of Florida
 1043  friendly landscaping and other water use and pollution
 1044  prevention measures to conserve or protect the state’s water
 1045  resources serves a compelling public interest and that the
 1046  participation of homeowners’ associations and local governments
 1047  is essential to the state’s efforts in water conservation and
 1048  water quality protection and restoration.
 1049         (b) A deed restriction, or covenant entered after October
 1050  1, 2001, or local government ordinance may not prohibit or be
 1051  enforced so as to prohibit any property owner from implementing
 1052  Xeriscape or Florida-friendly landscaping landscape on his or
 1053  her land or create any requirement or limitation in conflict
 1054  with any provision of part II of chapter 373 or a water shortage
 1055  order, other order, consumptive use permit, or rule adopted or
 1056  issued pursuant to part II of chapter 373.
 1057         Section 41. Section 335.167, Florida Statutes, is amended
 1058  to read:
 1059         335.167 State highway construction and maintenance;
 1060  Xeriscape or Florida-friendly landscaping.—
 1061         (1) The department shall use and require the use of
 1062  Florida-friendly landscaping Xeriscape practices, as defined in
 1063  s. 373.185(1), in the construction and maintenance of all new
 1064  state highways, wayside parks, access roads, welcome stations,
 1065  and other state highway rights-of-way constructed upon or
 1066  acquired after June 30, 2009 1992. The department shall develop
 1067  a 5-year program for phasing in the use of Florida-friendly
 1068  landscaping Xeriscape, including the use of solid waste compost,
 1069  in state highway rights-of-way constructed upon or acquired
 1070  before July 1, 2009 1992. In accomplishing these tasks, the
 1071  department shall employ the standards guidelines set out in s.
 1072  373.185(2)(a)-(f).
 1073         (2)(a)The Legislature finds that the use of Florida
 1074  friendly landscaping and other water use and pollution
 1075  prevention measures to conserve or protect the state’s water
 1076  resources serves a compelling public interest and that the
 1077  participation of homeowners’ associations and local governments
 1078  is essential to the state’s efforts in water conservation and
 1079  water quality protection and restoration.
 1080         (b) A deed restriction, or covenant entered after October
 1081  1, 2001, or local government ordinance may not prohibit or be
 1082  enforced so as to prohibit any property owner from implementing
 1083  Xeriscape or Florida-friendly landscaping landscape on his or
 1084  her land or create any requirement or limitation in conflict
 1085  with any provision of part II of chapter 373 or a water shortage
 1086  order, other order, consumptive use permit, or rule adopted or
 1087  issued pursuant to part II of chapter 373.
 1088         Section 42. Paragraph (a) of subsection (3) of section
 1089  380.061, Florida Statutes, is amended to read:
 1090         380.061 The Florida Quality Developments program.—
 1091         (3)(a) To be eligible for designation under this program,
 1092  the developer shall comply with each of the following
 1093  requirements if which is applicable to the site of a qualified
 1094  development:
 1095         1. Donate or enter Have donated or entered into a binding
 1096  commitment to donate the fee or a lesser interest sufficient to
 1097  protect, in perpetuity, the natural attributes of the types of
 1098  land listed below. In lieu of this the above requirement, the
 1099  developer may enter into a binding commitment that which runs
 1100  with the land to set aside such areas on the property, in
 1101  perpetuity, as open space to be retained in a natural condition
 1102  or as otherwise permitted under this subparagraph. Under the
 1103  requirements of this subparagraph, the developer may reserve the
 1104  right to use such areas for the purpose of passive recreation
 1105  that is consistent with the purposes for which the land was
 1106  preserved.
 1107         a. Those wetlands and water bodies throughout the state
 1108  which as would be delineated if the provisions of s.
 1109  373.4145(1)(b) were applied. The developer may use such areas
 1110  for the purpose of site access, provided other routes of access
 1111  are unavailable or impracticable; may use such areas for the
 1112  purpose of stormwater or domestic sewage management and other
 1113  necessary utilities if to the extent that such uses are
 1114  permitted pursuant to chapter 403; or may redesign or alter
 1115  wetlands and water bodies within the jurisdiction of the
 1116  Department of Environmental Protection which have been
 1117  artificially created, if the redesign or alteration is done so
 1118  as to produce a more naturally functioning system.
 1119         b. Active beach or primary and, where appropriate,
 1120  secondary dunes, to maintain the integrity of the dune system
 1121  and adequate public accessways to the beach. However, the
 1122  developer may retain the right to construct and maintain
 1123  elevated walkways over the dunes to provide access to the beach.
 1124         c. Known archaeological sites determined to be of
 1125  significance by the Division of Historical Resources of the
 1126  Department of State.
 1127         d. Areas known to be important to animal species designated
 1128  as endangered or threatened animal species by the United States
 1129  Fish and Wildlife Service or by the Fish and Wildlife
 1130  Conservation Commission, for reproduction, feeding, or nesting;
 1131  for traveling between such areas used for reproduction, feeding,
 1132  or nesting; or for escape from predation.
 1133         e. Areas known to contain plant species designated as
 1134  endangered plant species by the Department of Agriculture and
 1135  Consumer Services.
 1136         2. Produce, or dispose of, no substances designated as
 1137  hazardous or toxic substances by the United States Environmental
 1138  Protection Agency, or by the Department of Environmental
 1139  Protection, or the Department of Agriculture and Consumer
 1140  Services. This subparagraph does is not intended to apply to the
 1141  production of these substances in nonsignificant amounts as
 1142  would occur through household use or incidental use by
 1143  businesses.
 1144         3. Participate in a downtown reuse or redevelopment program
 1145  to improve and rehabilitate a declining downtown area.
 1146         4. Incorporate no dredge and fill activities in, and no
 1147  stormwater discharge into, waters designated as Class II,
 1148  aquatic preserves, or Outstanding Florida Waters, except as
 1149  activities in those waters are permitted pursuant to s.
 1150  403.813(2), and the developer demonstrates that those activities
 1151  meet the standards under Class II waters, Outstanding Florida
 1152  Waters, or aquatic preserves, as applicable.
 1153         5. Include open space, recreation areas, Florida-friendly
 1154  landscaping Xeriscape as defined in s. 373.185, and energy
 1155  conservation and minimize impermeable surfaces as appropriate to
 1156  the location and type of project.
 1157         6. Provide for construction and maintenance of all onsite
 1158  infrastructure necessary to support the project and enter into a
 1159  binding commitment with local government to provide an
 1160  appropriate fair-share contribution toward the offsite impacts
 1161  that which the development will impose on publicly funded
 1162  facilities and services, except offsite transportation, and
 1163  condition or phase the commencement of development to ensure
 1164  that public facilities and services, except offsite
 1165  transportation, are will be available concurrent with the
 1166  impacts of the development. For the purposes of offsite
 1167  transportation impacts, the developer shall comply, at a
 1168  minimum, with the standards of the state land planning agency’s
 1169  development-of-regional-impact transportation rule, the approved
 1170  strategic regional policy plan, any applicable regional planning
 1171  council transportation rule, and the approved local government
 1172  comprehensive plan and land development regulations adopted
 1173  pursuant to part II of chapter 163.
 1174         7. Design and construct the development in a manner that is
 1175  consistent with the adopted state plan, the applicable strategic
 1176  regional policy plan, and the applicable adopted local
 1177  government comprehensive plan.
 1178         Section 43. Subsection (3) of section 388.291, Florida
 1179  Statutes, is amended to read:
 1180         388.291 Source reduction measures; supervision by
 1181  department.—
 1182         (3) Property owners in a developed residential area shall
 1183  are required to maintain their property in such a manner that
 1184  does so as not to create or maintain any standing freshwater
 1185  condition capable of breeding mosquitoes or other arthropods in
 1186  significant numbers so as to constitute a public health,
 1187  welfare, or nuisance problem. Nothing in This subsection does
 1188  not authorize shall permit the alteration of permitted
 1189  stormwater management systems or prohibit maintained fish ponds,
 1190  Florida-friendly landscaping xeriscaping, or other maintained
 1191  systems of landscaping or vegetation. If such a condition is
 1192  found to exist, the local arthropod control agency shall serve
 1193  notice on the property owner to treat, remove, or abate the
 1194  condition. Such notice is shall serve as prima facie evidence of
 1195  maintaining a nuisance, and upon failure of the property owner
 1196  to treat, remove, or abate the condition, the local arthropod
 1197  control agency or any affected citizen may proceed pursuant to
 1198  s. 60.05 to enjoin the nuisance and may recover costs and
 1199  attorney’s fees if they prevail in the action.
 1200         Section 44. Paragraph (a) of subsection (6) of section
 1201  481.303, Florida Statutes, is amended to read:
 1202         481.303 Definitions.—As used in this chapter:
 1203         (6) “Landscape architecture” means professional services,
 1204  including, but not limited to, the following:
 1205         (a) Consultation, investigation, research, planning,
 1206  design, preparation of drawings, specifications, contract
 1207  documents and reports, responsible construction supervision, or
 1208  landscape management in connection with the planning and
 1209  development of land and incidental water areas, including the
 1210  use of Florida-friendly landscaping Xeriscape as defined in s.
 1211  373.185, where, and to the extent that, the dominant purpose of
 1212  such services or creative works is the preservation,
 1213  conservation, enhancement, or determination of proper land uses,
 1214  natural land features, ground cover and plantings, or
 1215  naturalistic and aesthetic values;
 1216         Section 45. Subsection (4) of section 720.3075, Florida
 1217  Statutes, is amended to read:
 1218         720.3075 Prohibited clauses in association documents.—
 1219         (4)(a)The Legislature finds that the use of Florida
 1220  friendly landscaping and other water use and pollution
 1221  prevention measures to conserve or protect the state’s water
 1222  resources serves a compelling public interest and that the
 1223  participation of homeowners’ associations and local governments
 1224  is essential to the state’s efforts in water conservation and
 1225  water quality protection and restoration.
 1226         (b) Homeowners’ association documents, including
 1227  declarations of covenants, articles of incorporation, or bylaws,
 1228  entered after October 1, 2001, may not prohibit or be enforced
 1229  so as to prohibit any property owner from implementing Xeriscape
 1230  or Florida-friendly landscaping landscape, as defined in s.
 1231  373.185(1), on his or her land or create any requirement or
 1232  limitation in conflict with any provision of part II of chapter
 1233  373 or a water shortage order, other order, consumptive use
 1234  permit, or rule adopted or issued pursuant to part II of chapter
 1235  373.
 1236         Section 46.  (1)A task force is established to develop
 1237  legislative recommendations relating to stormwater management
 1238  system design in the state. The task force shall:
 1239         (a)Review the Joint Professional Engineers and Landscape
 1240  Architecture Committee Report conducted pursuant to s. 17,
 1241  chapter 88-347, Laws of Florida, and determine the current
 1242  validity of the report and the need to revise any of the
 1243  conclusions or recommendations.
 1244         (b)Determine how a licensed and registered professional
 1245  might demonstrate competency for stormwater management system
 1246  design.
 1247         (c)Determine how the Board of Professional Engineers and
 1248  the Board of Landscape Architecture might administer
 1249  certification tests or continuing education requirements for
 1250  stormwater management system design.
 1251         (d)Provide recommendations for grandfathering the rights
 1252  of licensed professionals who currently practice stormwater
 1253  management design in a manner that will allow them to continue
 1254  to practice without meeting any new requirements the task force
 1255  recommends be placed on licensed professionals in the future.
 1256         (2)(a)The Board of Landscape Architecture, the Board of
 1257  Professional Engineers, the Florida Engineering Society, the
 1258  Florida Chapter of the American Society of Landscape Architects,
 1259  the Secretary of Environmental Protection, and the Secretary of
 1260  Transportation shall each appoint one member to the task force.
 1261         (b)Members of the task force may not be reimbursed for
 1262  travel, per diem, or any other costs associated with serving on
 1263  the task force.
 1264         (c)The task force shall meet a minimum of four times
 1265  either in person or via teleconference; however, a minimum of
 1266  two meetings shall be public hearings with testimony.
 1267         (d)The task force shall expire on November 1, 2009.
 1268         (3)The task force shall provide its findings and
 1269  legislative recommendations to the President of the Senate and
 1270  the Speaker of the House of Representatives by November 1, 2009.
 1271         Section 47. Except as otherwise expressly provided in this
 1272  act, this act shall take effect July 1, 2009.
 1273  
 1274  
 1275  ================= T I T L E  A M E N D M E N T ================
 1276         And the title is amended as follows:
 1277         Delete line 99
 1278  and insert:
 1279         provisions; creating part IV of ch. 369, F.S.; providing a
 1280  short title; providing legislative findings and intent with
 1281  respect to the need to protect and restore springs and ground
 1282  water; providing definitions; requiring the Department of
 1283  Environmental Protection to delineate the springsheds of
 1284  specified springs; requiring the department to adopt spring
 1285  protection zones by secretarial order; requiring the department
 1286  to adopt total maximum daily loads and basin management action
 1287  plans for spring systems; providing effluent requirements for
 1288  domestic wastewater treatment facilities; providing requirements
 1289  for onsite sewage treatment and disposal systems; providing
 1290  requirements for agricultural operations; authorizing the
 1291  Department of Environmental Protection, the Department of
 1292  Health, and the Department of Agriculture and Consumer Services
 1293  to adopt rules; amending s. 163.3177, F.S.; requiring certain
 1294  local governments to adopt a springs protection element as one
 1295  of the required elements of the comprehensive plan by a
 1296  specified date; providing that certain design principles be
 1297  included in the element; requiring the Department of
 1298  Environmental Protection and the state land planning agency to
 1299  make information available concerning best-management practices;
 1300  prohibiting a local government that fails to adopt a springs
 1301  protection element from amending its comprehensive plan;
 1302  amending s. 403.1835, F.S.; including certain areas of critical
 1303  state concern and the spring protection zones established by the
 1304  act among projects that are eligible for certain financial
 1305  assistance; requiring the Department of Environmental
 1306  Protection, the Department of Agriculture and Consumer Services,
 1307  and water management districts to assess nitrogen loading and
 1308  begin implementing management plans within the spring protection
 1309  zones by a specified date; amending s. 381.0065, F.S.; requiring
 1310  the Department of Health to implement a statewide onsite sewage
 1311  treatment and disposal system inspection program; providing a
 1312  10-year phase-in cycle; requiring inspection; providing specific
 1313  exemptions; providing fee requirements; providing disposition of
 1314  fees; amending s. 259.105, F.S.; providing priority under the
 1315  Florida Forever Act for projects within a springs protection
 1316  zone; creating s. 403.9335, F.S.; providing legislative
 1317  findings; providing for model ordinances for the protection of
 1318  urban and residential environments and water; requiring the
 1319  Department of Environmental Protection to adopt a model
 1320  ordinance by a specified date; requiring municipalities and
 1321  counties having impaired water bodies or segments to adopt the
 1322  ordinance; creating s. 403.9337, F.S.; providing definitions;
 1323  prohibiting use of certain fertilizers after a specified date;
 1324  providing for exemptions; transferring by a type II transfer the
 1325  Bureau of Onsite Sewage from the Department of Health to the
 1326  Department of Environmental Protection; amending s. 369.317,
 1327  F.S.; clarifying mitigation offsets in the Wekiva Study Area;
 1328  amending s. 373.185, F.S.; revising the definition of Florida
 1329  friendly landscaping; deleting references to “xeriscape”;
 1330  requiring water management districts to provide model Florida
 1331  friendly landscaping ordinances to local governments; revising
 1332  eligibility criteria for certain incentive programs of the water
 1333  management districts; requiring certain local government
 1334  ordinances and amendments to include certain design standards
 1335  and identify specified invasive exotic plant species; requiring
 1336  water management districts to consult with additional entities
 1337  for activities relating to Florida-friendly landscaping
 1338  practices; specifying programs for the delivery of educational
 1339  programs relating to such practices; providing legislative
 1340  findings; providing that certain regulations prohibiting the
 1341  implementation of Florida-friendly landscaping or conflicting
 1342  with provisions governing the permitting of consumptive uses of
 1343  water are prohibited; providing that the act does not limit the
 1344  authority of the department or the water management districts to
 1345  require Florida-friendly landscaping ordinances or practices as
 1346  a condition of certain permit; creating s. 373.187, F.S.;
 1347  requiring water management districts to implement Florida
 1348  friendly landscaping practices on specified properties;
 1349  requiring districts to develop specified programs for
 1350  implementing such practices on other specified properties;
 1351  amending s. 373.228, F.S.; requiring water management districts
 1352  to work with specified entities to develop certain standards;
 1353  requiring water management districts to consider certain
 1354  information in evaluating water use applications from public
 1355  water suppliers; conforming provisions to changes made by the
 1356  act; amending s. 373.323, F.S.; revising application
 1357  requirements for water well contractor licensure; requiring
 1358  applicants to provide specified documentation; amending s.
 1359  373.333, F.S.; authorizing an administrative fine to be imposed
 1360  for each occurrence of unlicensed well water contracting;
 1361  amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
 1362  388.291, 481.303, and 720.3075, F.S.; conforming provisions to
 1363  changes made by the act; revising provisions requiring the use
 1364  of Florida-friendly landscaping for specified public properties
 1365  and highway construction and maintenance projects; establishing
 1366  a task force to develop recommendations relating to stormwater
 1367  management system design; specifying study criteria; providing
 1368  for task force membership, meetings, and expiration; requiring
 1369  the task force to submit findings and legislative
 1370  recommendations to the Legislature by a specified date;providing
 1371  an effective date.
 1372