Florida Senate - 2014               CS for CS for CS for SB 1576
       
       
        
       By the Committees on Appropriations; Agriculture; and
       Environmental Preservation and Conservation; and Senators Dean,
       Montford, Soto, Simmons, Hays, Altman, and Abruzzo
       
       
       
       576-04556B-14                                         20141576c3
    1                        A bill to be entitled                      
    2         An act relating to springs; amending s. 373.042, F.S.;
    3         requiring the Department of Environmental Protection
    4         or the governing board of a water management district
    5         to establish the minimum flow and water level for an
    6         Outstanding Florida Spring; specifying minimum flows
    7         and water levels for an Outstanding Florida Spring;
    8         amending s. 373.0421, F.S.; conforming a cross
    9         reference; creating part VIII of chapter 373, F.S.,
   10         entitled “Florida Springs and Aquifer Protection Act”;
   11         creating s. 373.801, F.S.; providing legislative
   12         findings and intent; creating s. 373.802, F.S.;
   13         defining terms; creating s. 373.803, F.S.; requiring
   14         the Department of Environmental Protection to
   15         delineate a spring protection and management zone for
   16         each Outstanding Florida Spring; requiring the
   17         department to adopt by rule maps that depict the
   18         delineation of each spring protection and management
   19         zone for each Outstanding Florida Spring; providing a
   20         deadline; creating s. 373.805, F.S.; requiring the
   21         water management districts to adopt minimum flows and
   22         levels for Outstanding Florida Springs; requiring a
   23         water management district to implement a recovery or
   24         prevention strategy under certain circumstances;
   25         providing minimum criteria; providing deadlines;
   26         creating s. 373.807, F.S.; requiring assessments for
   27         Outstanding Florida Springs; requiring the Department
   28         of Environmental Protection to develop basin
   29         management action plans, providing minimum criteria,
   30         providing deadlines; requiring local governments to
   31         adopt an urban fertilizer ordinance; requiring local
   32         governments to develop onsite sewage treatment and
   33         disposal system remediation plans; creating s.
   34         373.809, F.S.; requiring the department to adopt rules
   35         to fund pilot projects; providing minimum ranking
   36         criteria; creating s. 373.811, F.S.; specifying
   37         prohibited activities within a spring protection and
   38         management zone of an Outstanding Florida Spring;
   39         creating s. 373.813, F.S.; providing rulemaking
   40         authority; creating s. 373.815, F.S.; requiring the
   41         Department of Environmental Protection to submit
   42         annual reports; providing funding in the General
   43         Appropriations Act for fiscal year 2014-2015;
   44         providing effective dates.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (1) of section 373.042, Florida
   49  Statutes, is amended to read:
   50         373.042 Minimum flows and levels.—
   51         (1) Within each section, or within the water management
   52  district as a whole, the department or the governing board shall
   53  establish the following:
   54         (a) Minimum flow for all surface watercourses in the area.
   55  The minimum flow for a given watercourse is shall be the limit
   56  at which further withdrawals would be significantly harmful to
   57  the water resources or ecology of the area.
   58         (b) Minimum water level. The minimum water level is shall
   59  be the level of groundwater in an aquifer and the level of
   60  surface water at which further withdrawals would be
   61  significantly harmful to the water resources of the area.
   62         (c) Minimum flow and minimum water level for an Outstanding
   63  Florida Spring, as defined in s. 373.802. The minimum flow and
   64  minimum water level are the limit and level, respectively, at
   65  which further withdrawals would be harmful to the water
   66  resources or ecology of the area.
   67  
   68  The minimum flow and minimum water level shall be calculated by
   69  the department and the governing board using the best
   70  information available. When appropriate, minimum flows and
   71  minimum water levels may be calculated to reflect seasonal
   72  variations. The department and the governing board shall also
   73  consider, and at their discretion may provide for, the
   74  protection of nonconsumptive uses in the establishment of
   75  minimum flows and minimum water levels.
   76         Section 2. Paragraph (a) of subsection (1) of section
   77  373.0421, Florida Statutes, is amended to read:
   78         373.0421 Establishment and implementation of minimum flows
   79  and levels.—
   80         (1) ESTABLISHMENT.—
   81         (a) Considerations.—When establishing minimum flows and
   82  minimum water levels pursuant to s. 373.042, the department or
   83  governing board shall consider changes and structural
   84  alterations to watersheds, surface waters, and aquifers and the
   85  effects such changes or alterations have had, and the
   86  constraints such changes or alterations have placed, on the
   87  hydrology of an affected watershed, surface water, or aquifer,
   88  provided that nothing in this paragraph shall allow significant
   89  harm as provided by s. 373.042(1)(a) and (b), or harm as
   90  provided by s. 373.042(1)(c), caused by withdrawals.
   91         Section 3. Part VIII of chapter 373, Florida Statutes,
   92  consisting of sections 373.801, 373.802, 373.803, 373.805,
   93  373.807, 373.809, 373.811, 373.813, and 373.815, Florida
   94  Statutes, is created and entitled the “Florida Springs and
   95  Aquifer Protection Act.”
   96         Section 4. Section 373.801, Florida Statutes, is created to
   97  read:
   98         373.801Legislative findings and intent.—
   99         (1)The Legislature finds that springs are a unique part of
  100  this state’s scenic beauty. Springs provide critical habitat for
  101  plants and animals, including many endangered or threatened
  102  species. Springs also provide immeasurable natural,
  103  recreational, economic, and inherent value. Flow level and water
  104  quality of springs are indicators of local conditions of the
  105  Floridan Aquifer, which is the source of drinking water for many
  106  residents of this state. Springs are of great scientific
  107  importance in understanding the diverse functions of aquatic
  108  ecosystems. In addition, springs provide recreational
  109  opportunities for swimming, canoeing, wildlife watching,
  110  fishing, cave diving, and many other activities in this state.
  111  Because of such recreational opportunities and the accompanying
  112  tourism, state and local economies benefit from many of the
  113  springs in this state.
  114         (2) Water quantity and water quality in springs are
  115  related. For regulatory purposes, the department has primary
  116  responsibility for water quality; the water management districts
  117  have primary responsibility for water quantity; the Department
  118  of Agriculture and Consumer Services has primary responsibility
  119  for the development and implementation of best management
  120  practices; and local governments have primary responsibility for
  121  providing wastewater and stormwater management. The foregoing
  122  responsible entities must work together in a coordinated manner
  123  to restore and maintain the water quantity and water quality for
  124  Outstanding Florida Springs.
  125         (3) The Legislature recognizes that:
  126         (a)Springs are only as healthy as their springsheds. The
  127  groundwater that supplies springs is derived from water that
  128  recharges the aquifer system in the form of seepage from the
  129  land surface and through direct conduits such as sinkholes.
  130  Springs may be adversely affected by polluted runoff from urban
  131  and agricultural lands; discharge resulting from inadequate
  132  wastewater and stormwater management practices; stormwater
  133  runoff; and the reduced water levels of the Floridan Aquifer. As
  134  a result, the hydrologic and environmental conditions of a
  135  spring or spring run are directly influenced by activities and
  136  land uses within a springshed and by water withdrawals from the
  137  Floridan Aquifer.
  138         (b)Springs, whether found in urban or rural settings, or
  139  on public or private lands, are threatened by actual or
  140  potential flow reductions and declining water quality. Many of
  141  this state’s springs are demonstrating signs of significant
  142  ecological imbalance, increased nutrient loading, and declining
  143  water flow. Without effective remedial actions, further declines
  144  in water quality and water quantity may occur.
  145         (c)Springshed boundaries and areas of high vulnerability
  146  within a springshed need to be identified and delineated using
  147  the best available data.
  148         (d)Because springsheds cross water management district and
  149  local government jurisdictional boundaries, a coordinated
  150  statewide springs protection plan is needed.
  151         (e)The aquifers and springs of this state are complex
  152  systems affected by many variables and influences.
  153         (4)The Legislature recognizes that sufficient information
  154  exists to act, action is urgently needed, and action can be
  155  continually modified as additional data is acquired.
  156         Section 5. Section 373.802, Florida Statutes, is created to
  157  read:
  158         373.802 Definitions.—As used in this part, the term:
  159         (1)“Department” means the Department of Environmental
  160  Protection, which includes the Florida Geological Survey or its
  161  successor agency or agencies.
  162         (2)“Local government” means a county or municipal
  163  government the jurisdictional boundaries of which include an
  164  Outstanding Florida Spring, or any part of a delineated
  165  springshed or spring protection and management zone for an
  166  Outstanding Florida Spring.
  167         (3)“Onsite sewage treatment and disposal system” means a
  168  system that contains a standard subsurface, filled, or mound
  169  drainfield system; an aerobic treatment unit; a graywater system
  170  tank; a laundry wastewater system tank; a septic tank; a grease
  171  interceptor; a pump tank; a solids or effluent pump; a
  172  waterless, incinerating, or organic waste-composting toilet; or
  173  a sanitary pit privy that is installed or proposed to be
  174  installed beyond the building sewer on land of the owner or on
  175  other land to which the owner has the legal right to install a
  176  system. The term includes any item placed within, or intended to
  177  be used as a part of or in conjunction with, the system. The
  178  term does not include package sewage treatment facilities and
  179  other treatment works regulated under chapter 403.
  180         (4)“Outstanding Florida Spring” includes all historic
  181  first magnitude springs, as determined by the department using
  182  the most recent Florida Geological Survey springs bulletin, and
  183  the following springs, and their associated spring runs:
  184         (a)DeLeon Spring;
  185         (b)Peacock Spring;
  186         (c) Poe Spring;
  187         (d)Rock Springs;
  188         (e)Wekiwa Spring; and
  189         (f) Gemini Spring.
  190         (5)“Spring protection and management zone” means the area
  191  or areas of a springshed where the Floridan Aquifer is
  192  vulnerable to sources of contamination or reduced levels, as
  193  determined by the department in consultation with the
  194  appropriate water management districts.
  195         (6)“Spring run” means a body of flowing water that
  196  originates from a spring or whose primary source of water is a
  197  spring or springs under average rainfall conditions.
  198         (7)“Springshed” means the areas within the groundwater and
  199  surface water basins which contribute, based upon all relevant
  200  facts, circumstances, and data, to the discharge of a spring as
  201  defined by potentiometric surface maps and surface watershed
  202  boundaries.
  203         (8) “Spring vent” means a location where groundwater flows
  204  out of a natural, discernable opening in the ground onto the
  205  land surface or into a predominantly fresh surface waterbody.
  206         Section 6. Section 373.803, Florida Statutes, is created to
  207  read:
  208         373.803 Delineation of spring protection and management
  209  zones for Outstanding Florida Springs.—Using the best data
  210  available from the water management districts and other credible
  211  sources, the department, in coordination with the water
  212  management districts, shall delineate one or more spring
  213  protection and management zones for each Outstanding Florida
  214  Spring. In delineating spring protection and management zones,
  215  the department shall consider groundwater travel time to the
  216  spring, hydrogeology, and nutrient load. The delineation of
  217  spring protection and management zones must be completed by July
  218  1, 2015. In conjunction with delineating a spring protection and
  219  management zone for an Outstanding Florida Spring, the
  220  department shall adopt by rule, pursuant to ss. 120.536(1) and
  221  120.54, maps and legal descriptions that depict the delineated
  222  spring protection and management zone or zones for that spring
  223  as soon as practicable but no later than July 1, 2016.
  224         Section 7. Section 373.805, Florida Statutes, is created to
  225  read:
  226         373.805 Minimum flows and minimum water levels for
  227  Outstanding Florida Springs.—
  228         (1)(a) Each water management district shall establish a
  229  minimum flow and minimum water level for each Outstanding
  230  Florida Spring within its jurisdiction by July 1, 2015, in
  231  accordance with ss. 373.042 and 373.0421. The deadline may be
  232  extended each year until July 1, 2022, if a water management
  233  district provides sufficient evidence to the department that an
  234  extension is in the best interest of the public.
  235         (b) If an area contributes or has contributed to the flow
  236  of an Outstanding Florida Spring and that area is in more than
  237  one water management district or is impacted by withdrawals
  238  outside of the water management district where the Outstanding
  239  Florida Spring is located, the department, in conjunction with
  240  the affected water management districts, shall establish a
  241  minimum flow and minimum water level by July 1, 2017, in
  242  accordance with ss. 373.042 and 373.0421.
  243         (2)At the time a minimum flow or minimum water level is
  244  adopted for an Outstanding Florida Spring, if the spring is
  245  below or is projected within 20 years to fall below the initial
  246  minimum flow or minimum water level, a water management
  247  district, pursuant to paragraph (1)(a), or the department,
  248  pursuant to paragraph (1)(b), shall simultaneously adopt a
  249  recovery or prevention strategy required by s. 373.0421.
  250         (3) For an Outstanding Florida Spring, a minimum flow and
  251  minimum water level adopted before July 1, 2014, must be revised
  252  by July 1, 2017. When a minimum flow or minimum water level is
  253  revised, if the spring is below or is projected within 20 years
  254  to fall below the revised minimum flow or minimum water level, a
  255  water management district, pursuant to paragraph (1)(a), or the
  256  department, pursuant to paragraph (1)(b), shall simultaneously
  257  adopt a recovery or prevention strategy required by s.
  258  373.0421(2) or modify an existing recovery or prevention
  259  strategy. A district or the department may adopt the revised
  260  minimum flow and minimum water level prior to the adoption of a
  261  recovery or prevention strategy if the revised minimum flow and
  262  minimum water level is less constraining on existing or
  263  projected future consumptive uses.
  264         (4) For an Outstanding Florida Spring without an adopted
  265  recovery or prevention strategy, when a district or the
  266  department determines the spring has fallen below, or is
  267  projected within 20 years to fall below the adopted minimum flow
  268  or minimum water level, a water management district, pursuant to
  269  paragraph (1)(a), or the department, pursuant to paragraph
  270  (1)(b), shall expeditiously adopt a recovery or prevention
  271  strategy.
  272         (5) The recovery or prevention strategy for each
  273  Outstanding Florida Spring must include, at a minimum:
  274         (a) A listing of all specific projects identified for
  275  implementation of a recovery or prevention strategy.
  276         (b) A priority listing of each project.
  277         (c) The estimated cost for each listed project.
  278         (d) For each listed project, the estimated date of
  279  completion.
  280         (e) The source and amount of financial assistance to be
  281  made available by the water management district for each listed
  282  project, which may not be less than 25 percent of the total
  283  project cost unless a specific funding source or sources are
  284  identified which will provide more than 75 percent of the total
  285  project cost. The Northwest Florida Water Management District
  286  and the Suwannee River Water Management District are not
  287  required to provide matching funds pursuant to this paragraph.
  288         (f) An estimate of each listed project’s benefit to an
  289  Outstanding Florida Spring.
  290         (g)A map and legal descriptions depicting the spring
  291  protection and management zones established pursuant to s.
  292  373.803.
  293         (h) An implementation plan to achieve the adopted minimum
  294  flow and minimum water level within 15 years after the adoption
  295  of a recovery or prevention strategy. The plan must include
  296  measureable interim milestones to be achieved within 5 and 10
  297  years to achieve the adopted minimum flow and minimum water
  298  level.
  299         (6) A local government may apply for an extension of up to
  300  5 years from the department for any project in an adopted
  301  recovery or prevention strategy. The department may grant the
  302  extension if the local government provides sufficient evidence
  303  to the department that an extension is in the best interest of
  304  the public. For a local government in a rural area of critical
  305  economic concern, as defined in s. 288.0656, the department may
  306  grant an extension of up to 10 years.
  307         Section 8. Section 373.807, Florida Statutes, is created to
  308  read:
  309         373.807 Protection of water quality in Outstanding Florida
  310  Springs.—By July 1, 2014, the department shall initiate
  311  assessment, pursuant to 403.067(3), of each Outstanding Florida
  312  Spring for which an impairment determination has not been made
  313  under the numeric nutrient standards in effect for spring vents.
  314  Assessments must be completed by July 1, 2017.
  315         (1)(a) Simultaneously with the adoption of a nutrient total
  316  maximum daily load for an Outstanding Florida Spring, the
  317  department, or the department in conjunction with a water
  318  management district, shall initiate development of a basin
  319  management action plan, as specified in s. 403.067. For an
  320  Outstanding Florida Spring with a nutrient total maximum daily
  321  load adopted prior to July 1, 2014, the department, or the
  322  department in conjunction with a water management district,
  323  shall initiate development of a basin management action plan by
  324  July 1, 2014. During the development of a basin management
  325  action plan, if the department identifies onsite sewage
  326  treatment and disposal systems as nonpoint sources of nutrient
  327  pollution that need addressing within a local government
  328  jurisdiction, the department shall notify the local government
  329  within 30 days, which shall develop an onsite sewage treatment
  330  and disposal system remediation plan pursuant to subsection (3)
  331  for inclusion in the basin management action plan.
  332         (b) A basin management action plan for an Outstanding
  333  Florida Spring shall be adopted within 3 years after its
  334  initiation and must include, at a minimum:
  335         1. A list of all specific projects identified to implement
  336  a nutrient total maximum daily load.
  337         2. A list of all specific projects identified in an onsite
  338  sewage treatment and disposal system remediation plan, if
  339  applicable.
  340         3. A priority rank for each listed project.
  341         4. The estimated cost for each listed project.
  342         5.For each listed project, the estimated date of
  343  completion.
  344         6. The source and amount of financial assistance to be made
  345  available by the department, a water management district, or
  346  other entity for each listed project.
  347         7.An estimate of each listed project’s nutrient load
  348  reduction.
  349         8.A map and legal descriptions depicting the spring
  350  protection and management zones established pursuant to s.
  351  373.803.
  352         9.Identification of each point source or category of
  353  nonpoint sources, including, but not limited to, urban turf
  354  fertilizer, sports turf fertilizer, agricultural fertilizer,
  355  onsite sewage treatment and disposal systems, wastewater
  356  treatment facilities, animal wastes, and stormwater facilities.
  357  An estimated allocation of the pollutant load must be provided
  358  for each point source or category of nonpoint sources.
  359         10. An implementation plan to achieve the adopted nutrient
  360  total maximum daily load within 15 years the adoption of a basin
  361  management action plan. The plan must include measureable
  362  interim milestones to be achieved within 5 and 10 years to
  363  achieve the adopted nutrient total maximum daily load.
  364         (c) For a basin management action plan adopted before July
  365  1, 2014, that addresses an Outstanding Florida Spring, the
  366  department, or the department in conjunction with a water
  367  management district, shall revise the plan by July 1, 2017,
  368  pursuant to this section.
  369         (d) Upon approval of an onsite sewage treatment and
  370  disposal system remediation plan, the plan shall be deemed
  371  incorporated as part of the appropriate basin management action
  372  plan until such time as the basin management action plan is
  373  revised pursuant to s. 403.067(7).
  374         (e) A local government may apply for an extension of up to
  375  5 years from the department for any project in an adopted basin
  376  management action plan. The department may grant the extension
  377  if the local government provides sufficient evidence to the
  378  department that an extension is in the best interest of the
  379  public. For a local government in a rural area of critical
  380  economic concern, as defined in s. 288.0656, the department may
  381  grant an extension of up to 10 years.
  382         (2) Within 6 months of the delineation of a spring
  383  protection and management zone or zones of an Outstanding
  384  Florida Spring that is fully or partially within the
  385  jurisdiction of a local government, a local government must
  386  develop, enact, and implement an ordinance that meets or exceeds
  387  the requirements of the department’s Model Ordinance for
  388  Florida-Friendly Fertilizer Use on Urban Landscapes. Such
  389  ordinance must require that, within a spring protection and
  390  management zone of an Outstanding Florida Spring with an adopted
  391  nutrient total maximum daily load, the nitrogen application rate
  392  of any fertilizer applied to turf or landscape plants may not
  393  exceed the lowest, basic maintenance rate of the most recent
  394  recommendations by the Institute of Food and Agricultural
  395  Sciences. The department shall adopt rules to implement this
  396  paragraph which establish reasonable minimum standards and
  397  reflect advancements or improvements regarding nutrient load
  398  reductions.
  399         (3)By July 1, 2016, the department, in conjunction with
  400  the Department of Health and local governments, must identify
  401  onsite sewage treatment and disposal systems within each spring
  402  protection and management zone. Within 60 days after the
  403  department’s completion of the identification of these systems,
  404  the department shall provide the location of these systems to
  405  the local governments in which they are located. If notified by
  406  the department pursuant to subsection (1), the local government,
  407  in consultation with the department, shall develop an onsite
  408  sewage treatment and disposal system remediation plan within 12
  409  months of notification by the department. For each onsite sewage
  410  treatment and disposal system or group of systems, the plan must
  411  include whether the systems require upgrading, connection to a
  412  central sewerage system, or no action. The plan must also
  413  include a priority ranking for each system or group of systems
  414  that require remediation. Each remediation plan must be
  415  submitted to the department for approval.
  416         (a) In reviewing and approving the remediation plans, the
  417  department shall consider, at a minimum:
  418         1. The density of onsite sewage treatment and disposal
  419  systems.
  420         2. The number of onsite sewage treatment and disposal
  421  systems.
  422         3. The proximity of the onsite sewage treatment and
  423  disposal system or systems to an Outstanding Florida Spring
  424         4. The estimated nutrient loading of the onsite sewage
  425  treatment and disposal system or systems.
  426         5. The cost of the proposed remedial action.
  427         (b) Prior to submitting an onsite sewage treatment and
  428  disposal system remediation plan to the department, the local
  429  government shall hold at least one public meeting to provide the
  430  public an opportunity to comment on the plan. The approval of an
  431  onsite sewage treatment and disposal system remediation plan by
  432  the department constitutes a final agency action.
  433         (c) If a local government does not substantially comply
  434  with this subsection, it may be ineligible for funding pursuant
  435  to s. 373.809.
  436         (4) With respect to implementation of an onsite sewage
  437  treatment and disposal system remediation plan, a property owner
  438  with an onsite sewage treatment and disposal system identified
  439  by the plan may not be required to pay any of the costs of a
  440  system inspection or for upgrading a system, or connection fees
  441  for connection to a sanitary sewer system. This subsection does
  442  not apply to local government programs in existence before July
  443  1, 2014, that are inconsistent with this subsection.
  444         Section 9. Section 373.809, Florida Statutes, is created to
  445  read:
  446         373.809 Funding for the restoration and preservation of
  447  Outstanding Florida Springs.—
  448         (1) By December 31, 2014, the department shall adopt rules
  449  to fund pilot projects that test the effectiveness of innovative
  450  or existing nutrient reduction or water conservation
  451  technologies or practices designed to minimize nutrient
  452  pollution in the springs of this state. The department may
  453  approve funding for pilot projects each funding cycle if the
  454  department determines that the pilot project will not be harmful
  455  to the ecological resources in the study area.
  456         (2) By December 31, 2014, the department shall adopt rules
  457  to evaluate, rank, and select projects eligible for funding
  458  under this part or land acquisition pursuant to s.
  459  201.15(1)(c)3.b. In developing these rules, the department shall
  460  give preference to the projects that will result in the greatest
  461  improvement to water quality and water quantity for the dollars
  462  to be expended for the project. At a minimum, the department
  463  shall consider:
  464         (a) The level of nutrient impairment of the Outstanding
  465  Florida Spring in which the project is located.
  466         (b) The quantity of pollutants, particularly total
  467  nitrogen, the project is estimated to remove from an Outstanding
  468  Florida Spring with an adopted nutrient total maximum daily
  469  load.
  470         (c) The flow necessary to restore the Outstanding Florida
  471  Spring to its adopted minimum flow or minimum water level.
  472         (d) The anticipated impact the project will have on
  473  restoring or increasing water flow or water level.
  474         (e)The amount of matching funds for the project that will
  475  be provided by the entities responsible for implementing the
  476  project.
  477         (f) Whether the project is located in a rural area of
  478  critical economic concern, as defined in s. 288.0656, with
  479  preference given to the local government responsible for
  480  implementing the project.
  481         (g)For multiple-year projects, whether the project has
  482  funding sources that are identified and assured through the
  483  expected completion date of the project.
  484         (h)The cost of the project and the length of time it will
  485  take to complete relative to its expected benefits.
  486         (i)Whether the entities responsible for implementing the
  487  project, since July 1, 2009, have used their own funds for
  488  projects to improve water quality or conserve water use within a
  489  springshed or spring protection and management zone of an
  490  Outstanding Florida Spring, with preference given to those
  491  entities that have expended such funds.
  492         Section 10. Section 373.811, Florida Statutes, is created
  493  to read:
  494         373.811 Prohibited activities within a spring protection
  495  and management zone of an Outstanding Florida Spring.—The
  496  following activities are prohibited within a spring protection
  497  and management zone of an Outstanding Florida Spring:
  498         (1) New municipal or industrial wastewater disposal
  499  facilities, including rapid infiltration basins, with permitted
  500  capacities of 100,000 gallons per day or more, except for those
  501  facilities that meet an advanced wastewater treatment standard
  502  of no more than 3 mg/L Total Nitrogen, expressed as N, on an
  503  annual permitted basis, or a higher treatment standard if the
  504  department determines the higher standard is necessary to
  505  prevent impairment or aid in the recovery of an Outstanding
  506  Florida Spring.
  507         (2) New onsite sewage treatment and disposal systems on
  508  lots less than 1 acre, except for passive nitrogen removing
  509  onsite sewage treatment and disposal systems approved by the
  510  Department of Health. This subsection does not take effect until
  511  6 months after the Department of Health has approved such a
  512  system for use.
  513         (3) New facilities for the disposal of hazardous waste.
  514         (4) The land application of Class A or B domestic
  515  wastewater biosolids or septage.
  516         (5) New agriculture operations that do not implement best
  517  management practices, measures necessary to achieve pollution
  518  reduction levels established by the department, or a groundwater
  519  monitoring plan approved by a water management district or the
  520  department.
  521         Section 11. Section 373.813, Florida Statutes, is created
  522  to read:
  523         373.813Rules.—
  524         (1) The department shall adopt rules to create a program to
  525  improve water quantity and water quality pursuant to ss.
  526  120.536(1) and 120.54 to administer this part, as applicable. In
  527  developing rules to administer s. 373.809, the department shall
  528  use the Total Maximum Daily Load Water Quality Restoration
  529  Grants rule as guidance to develop a comparable program for the
  530  restoration and protection of the water quality and water
  531  quantity for Outstanding Florida Springs.
  532         (2) The Department of Health, the Department of Agriculture
  533  and Consumer Services, and the water management districts may
  534  adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
  535  this part, as applicable.
  536         (3)(a)The Department of Agriculture and Consumer Services
  537  is the lead agency coordinating the reduction of agricultural
  538  nonpoint sources of pollution for the protection of Outstanding
  539  Florida Springs. The Department of Agriculture and Consumer
  540  Services and the department, pursuant to s. 403.067(7)(c)4.,
  541  shall study new or revised best management practices for
  542  improving and protecting Outstanding Florida Springs and, if
  543  necessary, in cooperation with applicable local governments and
  544  stakeholders, initiate rulemaking to require the implementation
  545  of such practices within a reasonable time period.
  546         (b)The department, the Department of Agriculture and
  547  Consumer Services, and the University of Florida’s Institute of
  548  Food and Agricultural Sciences shall cooperate in conducting the
  549  necessary research and demonstration projects to develop
  550  improved or additional nutrient management tools, including the
  551  use of controlled release fertilizer that can be used by
  552  agricultural producers as part of an agricultural best
  553  management practices program. The development of such tools must
  554  reflect a balance between water quality improvement and
  555  agricultural productivity and, when applicable, must be
  556  incorporated into the revised best management practices adopted
  557  by rule of the Department of Agriculture and Consumer Services.
  558         Section 12.  Section 373.815, Florida Statutes, is created
  559  to read:
  560         373.815 Reports.—By July 1, 2015, and annually thereafter
  561  on July 1, the department, in conjunction with the water
  562  management districts, shall submit progress reports to the
  563  Governor, President of the Senate, and Speaker of the House of
  564  Representatives on the status of each total maximum daily load,
  565  basin management action plan, minimum flow and minimum water
  566  level, and recovery or prevention strategy adopted pursuant to
  567  this part. The report must include the status of each project
  568  identified to achieve a total maximum daily load and a minimum
  569  flow and minimum water level, as applicable. If a report
  570  indicates that any of the interim 5 or 10 year milestones, or
  571  the 15 year deadline will not be met, the report must include
  572  specific corrective actions that will be taken to achieve these
  573  milestones and deadlines, and, if necessary, executive and
  574  legislative recommendations.
  575         Section 13. For the 2014-15 fiscal year, funding for the
  576  Florida Springs and Aquifer Protection Act is provided in
  577  Specific Appropriations 1645 and 1390 in Senate Bill 2500, House
  578  Bill 5001, or similar legislation becoming law. Funding and
  579  implementation of this act for subsequent fiscal years shall be
  580  determined annually by the Legislature and provided in the
  581  General Appropriations Act.
  582         Section 14. This act shall take effect July 1, 2014.