Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1632
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LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Brodeur)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (3) and paragraph
6 (c) of subsection (6) of section 163.3177, Florida Statutes, are
7 amended to read:
8 163.3177 Required and optional elements of comprehensive
9 plan; studies and surveys.—
10 (3)(a) The comprehensive plan must shall contain a capital
11 improvements element designed to consider the need for and the
12 location of public facilities in order to encourage the
13 efficient use of such facilities and set forth all of the
14 following:
15 1. A component that outlines principles for construction,
16 extension, or increase in capacity of public facilities, as well
17 as a component that outlines principles for correcting existing
18 public facility deficiencies, which are necessary to implement
19 the comprehensive plan. The components must shall cover at least
20 a 5-year period.
21 2. Estimated public facility costs, including a delineation
22 of when facilities will be needed, the general location of the
23 facilities, and projected revenue sources to fund the
24 facilities.
25 3. Standards to ensure the availability of public
26 facilities and the adequacy of those facilities to meet
27 established acceptable levels of service.
28 4. A schedule of capital improvements which includes any
29 publicly funded projects of federal, state, or local government,
30 and which may include privately funded projects for which the
31 local government has no fiscal responsibility. Projects
32 necessary to ensure that any adopted level-of-service standards
33 are achieved and maintained for the 5-year period must be
34 identified as either funded or unfunded and given a level of
35 priority for funding.
36 5. The schedule must:
37 a. Include transportation improvements included in the
38 applicable metropolitan planning organization’s transportation
39 improvement program adopted pursuant to s. 339.175(8) to the
40 extent that such improvements are relied upon to ensure
41 concurrency and financial feasibility;.
42 b. Where applicable, include a list of projects necessary
43 to achieve the pollutant load reductions attributable to the
44 local government, as established in a basin management action
45 plan pursuant to s. 403.067(7); and
46 c. The schedule must Be coordinated with the applicable
47 metropolitan planning organization’s long-range transportation
48 plan adopted pursuant to s. 339.175(7).
49 (6) In addition to the requirements of subsections (1)-(5),
50 the comprehensive plan shall include the following elements:
51 (c) A general sanitary sewer, solid waste, drainage,
52 potable water, and natural groundwater aquifer recharge element
53 correlated to principles and guidelines for future land use,
54 indicating ways to provide for future potable water, drainage,
55 sanitary sewer, solid waste, and aquifer recharge protection
56 requirements for the area. The element may be a detailed
57 engineering plan including a topographic map depicting areas of
58 prime groundwater recharge.
59 1. Each local government shall address in the data and
60 analyses required by this section those facilities that provide
61 service within the local government’s jurisdiction. Local
62 governments that provide facilities to serve areas within other
63 local government jurisdictions shall also address those
64 facilities in the data and analyses required by this section,
65 using data from the comprehensive plan for those areas for the
66 purpose of projecting facility needs as required in this
67 subsection. For shared facilities, each local government shall
68 indicate the proportional capacity of the systems allocated to
69 serve its jurisdiction.
70 2. The element must shall describe the problems and needs
71 and the general facilities that will be required for solution of
72 the problems and needs, including correcting existing facility
73 deficiencies. The element must shall address coordinating the
74 extension of, or increase in the capacity of, or upgrade in
75 treatment of facilities to meet future needs; prioritizing
76 advanced waste treatment while maximizing the use of existing
77 facilities and discouraging urban sprawl; conserving potable
78 water resources; and protecting the functions of natural
79 groundwater recharge areas and natural drainage features.
80 3. Within the local government’s jurisdiction, for any
81 development of more than 50 residential lots, whether built or
82 unbuilt, with more than one onsite sewage treatment and disposal
83 system per 1 acre, the element must include a plan to provide
84 sanitary sewer services within a 10-year planning horizon. An
85 onsite sewage treatment and disposal system is presumed to exist
86 on a parcel if sanitary sewer services are not available at or
87 adjacent to the parcel boundary. For such developments, the plan
88 must identify the name and location of the intended wastewater
89 facility to receive sanitary sewer flows after connection; the
90 capacity of the facility and any associated transmission
91 facilities; the projected wastewater flow at that facility for
92 the next 20 years, inclusive of expected future new construction
93 and connections of onsite sewage treatment and disposal systems
94 to sanitary sewer; and a timeline for the construction of the
95 sanitary sewer system. Each comprehensive plan must be updated
96 to include this element by July 1, 2024. This subparagraph does
97 not apply to a local government designated as a rural area of
98 opportunity under s. 288.0656.
99 4. Within 18 months after the governing board approves an
100 updated regional water supply plan, the element must incorporate
101 the alternative water supply project or projects selected by the
102 local government from those identified in the regional water
103 supply plan pursuant to s. 373.709(2)(a) or proposed by the
104 local government under s. 373.709(8)(b). If a local government
105 is located within two water management districts, the local
106 government must shall adopt its comprehensive plan amendment
107 within 18 months after the later updated regional water supply
108 plan. The element must identify such alternative water supply
109 projects and traditional water supply projects and conservation
110 and reuse necessary to meet the water needs identified in s.
111 373.709(2)(a) within the local government’s jurisdiction and
112 include a work plan, covering at least a 10-year planning
113 period, for building public, private, and regional water supply
114 facilities, including development of alternative water supplies,
115 which are identified in the element as necessary to serve
116 existing and new development. The work plan must shall be
117 updated, at a minimum, every 5 years within 18 months after the
118 governing board of a water management district approves an
119 updated regional water supply plan. Local governments, public
120 and private utilities, regional water supply authorities,
121 special districts, and water management districts are encouraged
122 to cooperatively plan for the development of multijurisdictional
123 water supply facilities that are sufficient to meet projected
124 demands for established planning periods, including the
125 development of alternative water sources to supplement
126 traditional sources of groundwater and surface water supplies.
127 5.4. A local government that does not own, operate, or
128 maintain its own water supply facilities, including, but not
129 limited to, wells, treatment facilities, and distribution
130 infrastructure, and is served by a public water utility with a
131 permitted allocation of greater than 300 million gallons per day
132 is not required to amend its comprehensive plan in response to
133 an updated regional water supply plan or to maintain a work plan
134 if any such local government’s usage of water constitutes less
135 than 1 percent of the public water utility’s total permitted
136 allocation. However, any such local government shall is required
137 to cooperate with, and provide relevant data to, any local
138 government or utility provider that provides service within its
139 jurisdiction, and shall to keep its general sanitary sewer,
140 solid waste, potable water, and natural groundwater aquifer
141 recharge element updated in accordance with s. 163.3191.
142 Section 2. Subsection (4) and paragraph (b) of subsection
143 (8) of section 253.025, Florida Statutes, are amended to read:
144 253.025 Acquisition of state lands.—
145 (4) An agreement to acquire real property for the purposes
146 described in this chapter, chapter 259, chapter 260, or chapter
147 375, title to which will vest in the board of trustees, may not
148 bind the state before the agreement is reviewed and approved by
149 the Department of Environmental Protection as complying with
150 this section and any rules adopted pursuant to this section. If
151 any of the following conditions exist, the agreement must shall
152 be submitted to and approved by the board of trustees:
153 (a) The purchase price agreed to by the seller exceeds the
154 value as established pursuant to the rules of the board of
155 trustees.;
156 (b) The contract price agreed to by the seller and the
157 acquiring agency exceeds $5 $1 million.;
158 (c) The acquisition is the initial purchase in a Florida
159 Forever project; or
160 (d) Other conditions that the board of trustees may adopt
161 by rule. Such conditions may include, but are not limited to,
162 Florida Forever projects when title to the property being
163 acquired is considered nonmarketable or is encumbered in such a
164 way as to significantly affect its management.
165
166 If approval of the board of trustees is required pursuant to
167 this subsection, the acquiring agency must provide a
168 justification as to why it is in the public’s interest to
169 acquire the parcel or Florida Forever project. Approval of the
170 board of trustees is also required for Florida Forever projects
171 the department recommends acquiring pursuant to subsections (11)
172 and (22). Review and approval of agreements for acquisitions for
173 Florida Greenways and Trails Program properties pursuant to
174 chapter 260 may be waived by the department in any contract with
175 nonprofit corporations that have agreed to assist the department
176 with this program. If the contribution of the acquiring agency
177 exceeds $100 million in any one fiscal year, the agreement must
178 shall be submitted to and approved by the Legislative Budget
179 Commission.
180 (8) Before approval by the board of trustees, or, when
181 applicable, the Department of Environmental Protection, of any
182 agreement to purchase land pursuant to this chapter, chapter
183 259, chapter 260, or chapter 375, and before negotiations with
184 the parcel owner to purchase any other land, title to which will
185 vest in the board of trustees, an appraisal of the parcel shall
186 be required as follows:
187 (b) Each parcel to be acquired must shall have at least one
188 appraisal. Two appraisals are required when the estimated value
189 of the parcel exceeds $5 $1 million. However, if both appraisals
190 exceed $5 $1 million and differ significantly, a third appraisal
191 may be obtained. If a parcel is estimated to be worth $100,000
192 or less and the director of the Division of State Lands finds
193 that the cost of an outside appraisal is not justified, a
194 comparable sales analysis, an appraisal prepared by the
195 division, or other reasonably prudent procedures may be used by
196 the division to estimate the value of the parcel, provided the
197 public’s interest is reasonably protected. The state is not
198 required to appraise the value of lands and appurtenances that
199 are being donated to the state.
200
201 Notwithstanding this subsection, on behalf of the board of
202 trustees and before the appraisal of parcels approved for
203 purchase under this chapter or chapter 259, the Secretary of
204 Environmental Protection or the director of the Division of
205 State Lands may enter into option contracts to buy such parcels.
206 Any such option contract shall state that the final purchase
207 price is subject to approval by the board of trustees or, if
208 applicable, the Secretary of Environmental Protection, and that
209 the final purchase price may not exceed the maximum offer
210 allowed by law. Any such option contract presented to the board
211 of trustees for final purchase price approval shall explicitly
212 state that payment of the final purchase price is subject to an
213 appropriation from the Legislature. The consideration for such
214 an option may not exceed $1,000 or 0.01 percent of the estimate
215 by the department of the value of the parcel, whichever amount
216 is greater.
217 Section 3. Subsections (2) and (7), paragraph (b) of
218 subsection (8), and paragraph (d) of subsection (9) of section
219 259.032, Florida Statutes, are amended to read:
220 259.032 Conservation and recreation lands.—
221 (2) The Governor and Cabinet, sitting as the Board of
222 Trustees of the Internal Improvement Trust Fund, may expend
223 moneys appropriated by the Legislature to acquire the fee or any
224 lesser interest in lands for any of the following public
225 purposes:
226 (a) To conserve and protect environmentally unique and
227 irreplaceable lands that contain native, relatively unaltered
228 flora and fauna representing a natural area unique to, or scarce
229 within, a region of this state or a larger geographic area.;
230 (b) To conserve and protect lands within designated areas
231 of critical state concern, if the proposed acquisition relates
232 to the natural resource protection purposes of the designation.;
233 (c) To conserve and protect native species habitat or
234 endangered or threatened species, emphasizing long-term
235 protection for endangered or threatened species designated G-1
236 or G-2 by the Florida Natural Areas Inventory, and especially
237 those areas that are special locations for breeding and
238 reproduction.;
239 (d) To conserve, protect, manage, or restore important
240 ecosystems, landscapes, and forests, if the protection and
241 conservation of such lands is necessary to enhance or protect
242 significant surface water, groundwater, coastal, recreational,
243 timber, or fish or wildlife resources which cannot otherwise be
244 accomplished through local and state regulatory programs.;
245 (e) To promote water resource development that benefits
246 natural systems and citizens of the state.;
247 (f) To facilitate the restoration and subsequent health and
248 vitality of the Florida Everglades.;
249 (g) To provide areas, including recreational trails, for
250 natural resource-based recreation and other outdoor recreation
251 on any part of any site compatible with conservation purposes.;
252 (h) To preserve significant archaeological or historic
253 sites.;
254 (i) To conserve urban open spaces suitable for greenways or
255 outdoor recreation which are compatible with conservation
256 purposes.; or
257 (j) To preserve agricultural lands under threat of
258 conversion to development through less-than-fee acquisitions.
259 (k) To complete critical linkages that will help preserve
260 and protect this state’s green infrastructure and vital habitat
261 for wide-ranging wildlife, such as the Florida panther, within
262 the Florida wildlife corridor.
263 (7)(a) All lands managed under this chapter and s. 253.034
264 must shall be:
265 1.(a) Managed in a manner that will provide the greatest
266 combination of benefits to the public and to the resources.
267 2.(b) Managed for public outdoor recreation which is
268 compatible with the conservation and protection of public lands.
269 Such management may include, but not be limited to, the
270 following public recreational uses: fishing, hunting, camping,
271 bicycling, hiking, nature study, swimming, boating, canoeing,
272 horseback riding, diving, model hobbyist activities, birding,
273 sailing, jogging, and other related outdoor activities.
274 (b)(c) Concurrent with its adoption of the annual list of
275 acquisition projects pursuant to s. 259.035, the board shall
276 adopt a management prospectus for each project. The management
277 prospectus shall delineate:
278 1. The management goals for the property;
279 2. The conditions that will affect the intensity of
280 management;
281 3. An estimate of the revenue-generating potential of the
282 property, if appropriate;
283 4. A timetable for implementing the various stages of
284 management and for providing access to the public, if
285 applicable;
286 5. A description of potential multiple-use activities as
287 described in this section and s. 253.034;
288 6. Provisions for protecting existing infrastructure and
289 for ensuring the security of the project upon acquisition;
290 7. The anticipated costs of management and projected
291 sources of revenue, including legislative appropriations, to
292 fund management needs; and
293 8. Recommendations as to how many employees will be needed
294 to manage the property, and recommendations as to whether local
295 governments, volunteer groups, the former landowner, or other
296 interested parties can be involved in the management.
297 (c)(d) Concurrent with the approval of the acquisition
298 contract pursuant to s. 253.025(4)(c) For any interest in lands
299 except those lands acquired pursuant to s. 259.1052, the board
300 shall designate an agency or agencies to manage such lands. The
301 board shall evaluate and amend, as appropriate, the management
302 policy statement for the project as provided by s. 259.035 to
303 ensure that the policy statement is compatible with
304 conservation, recreation, or both. For any fee simple
305 acquisition of a parcel which is or will be leased back for
306 agricultural purposes, or any acquisition of a less than fee
307 interest in land that is or will be used for agricultural
308 purposes, the board shall first consider having a soil and water
309 conservation district, created pursuant to chapter 582, manage
310 and monitor such interests.
311 (d)(e) State agencies designated to manage lands acquired
312 under this chapter or with funds deposited into the Land
313 Acquisition Trust Fund, except those lands acquired under s.
314 259.1052, may contract with local governments and soil and water
315 conservation districts to assist in management activities,
316 including the responsibility of being the lead land manager.
317 Such land management contracts may include a provision for the
318 transfer of management funding to the local government or soil
319 and water conservation district from the land acquisition trust
320 fund of the lead land managing agency in an amount adequate for
321 the local government or soil and water conservation district to
322 perform its contractual land management responsibilities and
323 proportionate to its responsibilities, and which otherwise would
324 have been expended by the state agency to manage the property.
325 (e)(f) Immediately following the acquisition of any
326 interest in conservation and recreation lands, the department,
327 acting on behalf of the board, may issue to the lead managing
328 entity an interim assignment letter to be effective until the
329 execution of a formal lease.
330 (8)
331 (b) Individual management plans required by s. 253.034(5),
332 for parcels over 160 acres, shall be developed with input from
333 an advisory group. Members of this advisory group shall include,
334 at a minimum, representatives of the lead land managing agency,
335 comanaging entities, local private property owners, the
336 appropriate soil and water conservation district, a local
337 conservation organization, and a local elected official. If
338 habitat or potentially restorable habitat for imperiled species
339 is located on state lands, the Fish and Wildlife Conservation
340 Commission and the Department of Agriculture and Consumer
341 Services shall be included on any advisory group required under
342 chapter 253, and the short-term and long-term management goals
343 required under chapter 253 must advance the goals and objectives
344 of imperiled species management without restricting other uses
345 identified in the management plan. The advisory group shall
346 conduct at least one public hearing within the county in which
347 the parcel or project is located. For those parcels or projects
348 that are within more than one county, at least one areawide
349 public hearing shall be acceptable and the lead managing agency
350 shall invite a local elected official from each county. The
351 areawide public hearing shall be held in the county in which the
352 core parcels are located. Notice of such public hearing shall be
353 posted on the parcel or project designated for management,
354 advertised in a paper of general circulation, and announced at a
355 scheduled meeting of the local governing body before the actual
356 public hearing. The management prospectus required pursuant to
357 paragraph (7)(b) (7)(c) shall be available to the public for a
358 period of 30 days before the public hearing.
359
360 By July 1 of each year, each governmental agency and each
361 private entity designated to manage lands shall report to the
362 Secretary of Environmental Protection on the progress of
363 funding, staffing, and resource management of every project for
364 which the agency or entity is responsible.
365 (9)
366 (d) Up to one-fifth of the funds appropriated for the
367 purposes identified in paragraph (b) shall be reserved by the
368 board for interim management of acquisitions and for associated
369 contractual services, to ensure the conservation and protection
370 of natural resources on project sites and to allow limited
371 public recreational use of lands. Interim management activities
372 may include, but not be limited to, resource assessments,
373 control of invasive, nonnative species, habitat restoration,
374 fencing, law enforcement, controlled burning, and public access
375 consistent with preliminary determinations made pursuant to
376 paragraph (7)(e) (7)(f). The board shall make these interim
377 funds available immediately upon purchase.
378 Section 4. Section 373.469, Florida Statutes, is created to
379 read:
380 373.469 Indian River Lagoon Protection Program.—
381 (1) FINDINGS AND INTENT.—
382 (a) The Legislature finds that:
383 1. The Indian River Lagoon is a critical water resource of
384 this state which provides many economic, natural habitat, and
385 biodiversity functions that benefit the public interest,
386 including fishing, navigation, recreation, and habitat to
387 endangered and threatened species and other flora and fauna.
388 2. Among other causes, land use changes, onsite sewage
389 treatment and disposal systems, aging infrastructure, stormwater
390 runoff, agriculture, and residential fertilizer have resulted in
391 excess nutrients entering the Indian River Lagoon and adversely
392 impacting the lagoon’s water quality.
393 3. Improvement to the hydrology, water quality, and
394 associated aquatic habitats within the Indian River Lagoon is
395 essential to the protection of the resource.
396 4. It is imperative for the state, local governments, and
397 agricultural and environmental communities to commit to
398 restoring and protecting the surface water resources of the
399 Indian River Lagoon, and a holistic approach to address these
400 issues must be developed and implemented immediately.
401 5. The expeditious implementation of the Banana River
402 Lagoon Basin Management Action Plan, Central Indian River Lagoon
403 Basin Management Action Plan, North Indian River Lagoon Basin
404 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
405 Plan are necessary to improve the quality of water in the Indian
406 River Lagoon ecosystem and to provide a reasonable means of
407 achieving the total maximum daily load requirements and
408 achieving and maintaining compliance with state water quality
409 standards.
410 6. The implementation of the programs contained in this
411 section will benefit the public health, safety, and welfare and
412 is in the public interest.
413 (b) The Legislature intends for this state to protect and
414 restore surface water resources and achieve and maintain
415 compliance with water quality standards in the Indian River
416 Lagoon through the phased, comprehensive, and innovative
417 protection program set forth in this section, including long
418 term solutions based upon the total maximum daily loads
419 established in accordance with s. 403.067. This program is
420 watershed-based, provides for the consideration of all water
421 quality issues needed to meet the total maximum daily load, and
422 includes research and monitoring, development and implementation
423 of best management practices, refinement of existing
424 regulations, and structural and nonstructural projects,
425 including public works.
426 (2) DEFINITIONS.—As used in this section, the term:
427 (a) “Best management practice” means a practice or
428 combination of practices determined by the coordinating
429 agencies, based on research, field-testing, and expert review,
430 to be the most effective and practicable on-location means,
431 including economic and technological considerations, for
432 improving water quality in agricultural and urban discharges.
433 Best management practices for agricultural discharges must
434 reflect a balance between water quality improvements and
435 agricultural productivity.
436 (b) “Enhanced nutrient-reducing onsite sewage treatment and
437 disposal system” means an onsite sewage treatment and disposal
438 system approved by the department as capable of meeting or
439 exceeding a 50 percent total nitrogen reduction before disposal
440 of wastewater in the drainfield, or at least 65 percent total
441 nitrogen reduction combined from onsite sewage tank or tanks and
442 drainfield.
443 (c) “Total maximum daily load” means the sum of the
444 individual wasteload allocations for point sources and the load
445 allocations for nonpoint sources and natural background adopted
446 pursuant to s. 403.067. Before determining individual wasteload
447 allocations and load allocations, the maximum amount of a
448 pollutant that a waterbody or water segment can assimilate from
449 all sources without exceeding water quality standards must first
450 be calculated.
451 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
452 River Lagoon Protection Program consists of the Banana River
453 Lagoon Basin Management Action Plan, Central Indian River Lagoon
454 Basin Management Action Plan, North Indian River Lagoon Basin
455 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
456 Plan, and such plans are the components of the Indian River
457 Lagoon Protection Program which achieve phosphorous and nitrogen
458 load reductions for the Indian River Lagoon.
459 (a) Evaluation.—Every 5 years, the department shall
460 evaluate and update the Banana River Lagoon Basin Management
461 Action Plan, Central Indian River Lagoon Basin Management Action
462 Plan, and North Indian River Lagoon Basin Management Action Plan
463 and identify any further load reductions necessary to achieve
464 compliance with the relevant total maximum daily loads
465 established pursuant to s. 403.067. As provided in s.
466 403.067(7)(a)6., such plans must include 5-year milestones for
467 implementation and water quality improvement and a water quality
468 monitoring component sufficient to evaluate whether reasonable
469 progress in pollutant load reductions is being achieved over
470 time.
471 (b) Water quality standards and total maximum daily loads.
472 The department, in coordination with the St. Johns River Water
473 Management District, South Florida Water Management District,
474 local governments, the Indian River Lagoon National Estuary
475 Program, and other stakeholders, shall identify and prioritize
476 strategies and projects necessary to achieve water quality
477 standards within the Indian River Lagoon watershed and meet the
478 total maximum daily loads. Projects identified from this
479 evaluation must be incorporated into the Banana River Lagoon
480 Basin Management Action Plan, Central Indian River Lagoon Basin
481 Management Action Plan, North Indian River Lagoon Basin
482 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
483 Plan, as appropriate.
484 (c) Indian River Lagoon Watershed Research and Water
485 Quality Monitoring Program.—The department, in coordination with
486 the St. Johns River Water Management District, the South Florida
487 Water Management District, and the Indian River Lagoon National
488 Estuary Program, shall implement the Indian River Lagoon
489 Watershed Research and Water Quality Monitoring Program to
490 establish a comprehensive water quality monitoring network
491 throughout the Indian River Lagoon and fund research pertaining
492 to water quality, ecosystem restoration, and seagrass impacts
493 and restoration. The department shall use the results from the
494 program to prioritize projects and to make modifications to the
495 Banana River Lagoon Basin Management Action Plan, Central Indian
496 River Lagoon Basin Management Action Plan, North Indian River
497 Lagoon Basin Management Action Plan, and Mosquito Lagoon
498 Reasonable Assurance Plan, as appropriate.
499 (d) Onsite sewage treatment and disposal systems.—
500 1. Beginning on January 1, 2024, unless previously
501 permitted, the installation of new onsite sewage treatment and
502 disposal systems is prohibited within the Banana River Lagoon
503 Basin Management Action Plan, Central Indian River Lagoon Basin
504 Management Action Plan, North Indian River Lagoon Basin
505 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
506 Plan areas where a publicly owned or investor-owned sewerage
507 system is available as defined in s. 381.0065(2)(a). Where
508 central sewerage is not available, only enhanced nutrient
509 reducing onsite sewage treatment and disposal systems or other
510 wastewater treatment systems that achieve at least 50 percent
511 nutrient reduction compared to a standard onsite sewage
512 treatment and disposal system are authorized.
513 2. By July 1, 2030, any commercial or residential property
514 with an existing onsite sewage treatment and disposal system
515 located within the Banana River Lagoon Basin Management Action
516 Plan, Central Indian River Lagoon Basin Management Action Plan,
517 North Indian River Lagoon Basin Management Action Plan, and
518 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
519 central sewer if available or upgrade to an enhanced nutrient
520 reducing onsite sewage treatment and disposal system or other
521 wastewater treatment system that achieves at least 50 percent
522 nutrient reduction compared to a standard onsite sewage
523 treatment and disposal system.
524 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
525 section may not be construed to modify any existing state water
526 quality standard or to modify s. 403.067(6) and (7)(a).
527 (5) PRESERVATION OF AUTHORITY.—This section may not be
528 construed to restrict the authority otherwise granted to
529 agencies pursuant to this chapter and chapter 403, and this
530 section is supplemental to the authority granted to agencies
531 pursuant to this chapter and chapter 403.
532 (6) RULES.—The department and governing boards of the St.
533 Johns River Water Management District and South Florida Water
534 Management District may adopt rules pursuant to ss. 120.536(1)
535 and 120.54 to implement this section.
536 Section 5. Subsection (1) of section 373.501, Florida
537 Statutes, is amended to read:
538 373.501 Appropriation of funds to water management
539 districts.—
540 (1) The department shall transfer may allocate to the water
541 management districts, from funds appropriated to the districts
542 through the department in, such sums as may be deemed necessary
543 to defray the costs of the administrative, regulatory, and other
544 operational activities of the districts. The governing boards
545 shall submit annual budget requests for such purposes to the
546 department, and the department shall consider such budgets in
547 preparing its budget request for the Legislature. The districts
548 shall annually report to the department on the use of the funds.
549 Section 6. Present subsections (2) through (8) of section
550 373.802, Florida Statutes, are redesignated as subsections (3)
551 through (9), respectively, and a new subsection (2) is added to
552 that section, to read:
553 373.802 Definitions.—As used in this part, the term:
554 (2) “Enhanced nutrient-reducing onsite sewage treatment and
555 disposal system” means an onsite sewage treatment and disposal
556 system approved by the department as capable of meeting or
557 exceeding a 50 percent total nitrogen reduction before disposal
558 of wastewater in the drainfield, or at least 65 percent total
559 nitrogen reduction combined from onsite sewage tank or tanks and
560 drainfield.
561 Section 7. Subsections (2) and (3) of section 373.807,
562 Florida Statutes, are amended to read:
563 373.807 Protection of water quality in Outstanding Florida
564 Springs.—By July 1, 2016, the department shall initiate
565 assessment, pursuant to s. 403.067(3), of Outstanding Florida
566 Springs or spring systems for which an impairment determination
567 has not been made under the numeric nutrient standards in effect
568 for spring vents. Assessments must be completed by July 1, 2018.
569 (2) By July 1, 2017, each local government, as defined in
570 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
571 pursuant to s. 403.9337, shall develop, enact, and implement an
572 ordinance pursuant to that section. It is the intent of the
573 Legislature that ordinances required to be adopted under this
574 subsection reflect the latest scientific information,
575 advancements, and technological improvements in the industry.
576 (3) As part of a basin management action plan that includes
577 an Outstanding Florida Spring, the department, relevant local
578 governments, and relevant local public and private wastewater
579 utilities shall develop an onsite sewage treatment and disposal
580 system remediation plan for a spring if the department
581 determines onsite sewage treatment and disposal systems within a
582 basin management action plan priority focus area contribute at
583 least 20 percent of nonpoint source nitrogen pollution or if the
584 department determines remediation is necessary to achieve the
585 total maximum daily load. The plan must shall identify cost
586 effective and financially feasible projects necessary to reduce
587 the nutrient impacts from onsite sewage treatment and disposal
588 systems and shall be completed and adopted as part of the basin
589 management action plan no later than the first 5-year milestone
590 required by subparagraph (1)(b)8. The department is the lead
591 agency in coordinating the preparation of and the adoption of
592 the plan. The department shall:
593 (a) Collect and evaluate credible scientific information on
594 the effect of nutrients, particularly forms of nitrogen, on
595 springs and springs systems; and
596 (b) Develop a public education plan to provide area
597 residents with reliable, understandable information about onsite
598 sewage treatment and disposal systems and springs.
599
600 In addition to the requirements in s. 403.067, the plan must
601 shall include options for repair, upgrade, replacement,
602 drainfield modification, addition of effective nitrogen reducing
603 features, connection to a central sewerage system, or other
604 action for an onsite sewage treatment and disposal system or
605 group of systems within a basin management action plan priority
606 focus area that contribute at least 20 percent of nonpoint
607 source nitrogen pollution or if the department determines
608 remediation is necessary to achieve a total maximum daily load.
609 For these systems, the department shall include in the plan a
610 priority ranking for each system or group of systems that
611 requires remediation and shall award funds to implement the
612 remediation projects contingent on an appropriation in the
613 General Appropriations Act, which may include all or part of the
614 costs necessary for repair, upgrade, replacement, drainfield
615 modification, addition of effective nitrogen reducing features,
616 initial connection to a central sewerage system, or other
617 action. In awarding funds, the department may consider expected
618 nutrient reduction benefit per unit cost, size and scope of
619 project, relative local financial contribution to the project,
620 and the financial impact on property owners and the community.
621 The department may waive matching funding requirements for
622 proposed projects within an area designated as a rural area of
623 opportunity under s. 288.0656.
624 Section 8. Section 373.811, Florida Statutes, is amended to
625 read:
626 373.811 Prohibited activities within a basin management
627 action plan priority focus area.—The following activities are
628 prohibited within a basin management action plan priority focus
629 area in effect for an Outstanding Florida Spring:
630 (1) New domestic wastewater disposal facilities, including
631 rapid infiltration basins, with permitted capacities of 100,000
632 gallons per day or more, except for those facilities that meet
633 an advanced wastewater treatment standard of no more than 3 mg/l
634 total nitrogen, expressed as N, on an annual permitted basis, or
635 a more stringent treatment standard if the department determines
636 the more stringent standard is necessary to attain a total
637 maximum daily load for the Outstanding Florida Spring.
638 (2) New onsite sewage treatment and disposal systems where
639 connection to a publicly owned or investor-owned sewerage system
640 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
641 or less, if a publicly owned or investor-owned sewerage system
642 is not available, only the installation of enhanced nutrient
643 reducing onsite sewage treatment and disposal systems or other
644 wastewater treatment systems that achieve at least 50 percent
645 nutrient reduction compared to a standard onsite sewage
646 treatment and disposal system are authorized on lots of less
647 than 1 acre, if the addition of the specific systems conflicts
648 with an onsite treatment and disposal system remediation plan
649 incorporated into a basin management action plan in accordance
650 with s. 373.807(3).
651 (3) New facilities for the disposal of hazardous waste.
652 (4) The land application of Class A or Class B domestic
653 wastewater biosolids not in accordance with a department
654 approved nutrient management plan establishing the rate at which
655 all biosolids, soil amendments, and sources of nutrients at the
656 land application site can be applied to the land for crop
657 production while minimizing the amount of pollutants and
658 nutrients discharged to groundwater or waters of the state.
659 (5) New agriculture operations that do not implement best
660 management practices, measures necessary to achieve pollution
661 reduction levels established by the department, or groundwater
662 monitoring plans approved by a water management district or the
663 department.
664 Section 9. Present paragraphs (f) through (r) of subsection
665 (2) of section 381.0065, Florida Statutes, are redesignated as
666 paragraphs (g) through (s), respectively, a new paragraph (f) is
667 added to that subsection, and paragraph (n) of subsection (4) of
668 that section is amended, to read:
669 381.0065 Onsite sewage treatment and disposal systems;
670 regulation.—
671 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
672 term:
673 (f) “Enhanced nutrient-reducing onsite sewage treatment and
674 disposal system” means an onsite sewage treatment and disposal
675 system approved by the department as capable of meeting or
676 exceeding a 50 percent total nitrogen reduction before disposal
677 of wastewater in the drainfield, or at least 65 percent total
678 nitrogen reduction combined from onsite sewage tank or tanks and
679 drainfield.
680 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
681 construct, repair, modify, abandon, or operate an onsite sewage
682 treatment and disposal system without first obtaining a permit
683 approved by the department. The department may issue permits to
684 carry out this section, except that the issuance of a permit for
685 work seaward of the coastal construction control line
686 established under s. 161.053 is shall be contingent upon receipt
687 of any required coastal construction control line permit from
688 the department. A construction permit is valid for 18 months
689 after the date of issuance and may be extended by the department
690 for one 90-day period under rules adopted by the department. A
691 repair permit is valid for 90 days after the date of issuance.
692 An operating permit must be obtained before the use of any
693 aerobic treatment unit or if the establishment generates
694 commercial waste. Buildings or establishments that use an
695 aerobic treatment unit or generate commercial waste shall be
696 inspected by the department at least annually to assure
697 compliance with the terms of the operating permit. The operating
698 permit for a commercial wastewater system is valid for 1 year
699 after the date of issuance and must be renewed annually. The
700 operating permit for an aerobic treatment unit is valid for 2
701 years after the date of issuance and must be renewed every 2
702 years. If all information pertaining to the siting, location,
703 and installation conditions or repair of an onsite sewage
704 treatment and disposal system remains the same, a construction
705 or repair permit for the onsite sewage treatment and disposal
706 system may be transferred to another person, if the transferee
707 files, within 60 days after the transfer of ownership, an
708 amended application providing all corrected information and
709 proof of ownership of the property. A fee is not associated with
710 the processing of this supplemental information. A person may
711 not contract to construct, modify, alter, repair, service,
712 abandon, or maintain any portion of an onsite sewage treatment
713 and disposal system without being registered under part III of
714 chapter 489. A property owner who personally performs
715 construction, maintenance, or repairs to a system serving his or
716 her own owner-occupied single-family residence is exempt from
717 registration requirements for performing such construction,
718 maintenance, or repairs on that residence, but is subject to all
719 permitting requirements. A municipality or political subdivision
720 of the state may not issue a building or plumbing permit for any
721 building that requires the use of an onsite sewage treatment and
722 disposal system unless the owner or builder has received a
723 construction permit for such system from the department. A
724 building or structure may not be occupied and a municipality,
725 political subdivision, or any state or federal agency may not
726 authorize occupancy until the department approves the final
727 installation of the onsite sewage treatment and disposal system.
728 A municipality or political subdivision of the state may not
729 approve any change in occupancy or tenancy of a building that
730 uses an onsite sewage treatment and disposal system until the
731 department has reviewed the use of the system with the proposed
732 change, approved the change, and amended the operating permit.
733 (n) Evaluations for determining the seasonal high-water
734 table elevations or the suitability of soils for the use of a
735 new onsite sewage treatment and disposal system shall be
736 performed by department personnel, professional engineers
737 registered in the state, or such other persons with expertise,
738 as defined by rule, in making such evaluations. Evaluations for
739 determining mean annual flood lines shall be performed by those
740 persons identified in paragraph (2)(l) (2)(k). The department
741 shall accept evaluations submitted by professional engineers and
742 such other persons as meet the expertise established by this
743 section or by rule unless the department has a reasonable
744 scientific basis for questioning the accuracy or completeness of
745 the evaluation.
746 Section 10. Subsection (3) is added to section 381.00655,
747 Florida Statutes, to read:
748 381.00655 Connection of existing onsite sewage treatment
749 and disposal systems to central sewerage system; requirements.—
750 (3) Local governmental agencies, as defined in s.
751 403.1835(2), that receive grants or loans from the department to
752 offset the cost of connecting onsite sewage treatment and
753 disposal systems to publicly owned or investor-owned sewerage
754 systems are encouraged to do all of the following while such
755 funds remain available:
756 (a) Identify the owners of onsite sewage treatment and
757 disposal systems within the jurisdiction of the respective local
758 governmental agency who are eligible to apply for the grant or
759 loan funds and notify such owners of the funding availability.
760 (b) Maintain a publicly available website with information
761 relating to the availability of the grant or loan funds,
762 including the amount of funds available and information on how
763 the owner of an onsite sewage treatment and disposal system may
764 apply for such funds.
765 Section 11. Section 403.031, Florida Statutes, is reordered
766 and amended to read:
767 403.031 Definitions.—In construing this chapter, or rules
768 and regulations adopted pursuant hereto, the following words,
769 phrases, or terms, unless the context otherwise indicates, have
770 the following meanings:
771 (1) “Contaminant” is any substance which is harmful to
772 plant, animal, or human life.
773 (2) “Department” means the Department of Environmental
774 Protection.
775 (3) “Effluent limitations” means any restriction
776 established by the department on quantities, rates, or
777 concentrations of chemical, physical, biological, or other
778 constituents which are discharged from sources into waters of
779 the state.
780 (5) “Enhanced nutrient-reducing onsite sewage treatment and
781 disposal system” means an onsite sewage treatment and disposal
782 system approved by the department as capable of meeting or
783 exceeding a 50 percent total nitrogen reduction before disposal
784 of wastewater in the drainfield, or at least 65 percent total
785 nitrogen reduction combined from onsite sewage tank or tanks and
786 drainfield.
787 (6)(4) “Installation” means is any structure, equipment, or
788 facility, or appurtenances thereto, or operation which may emit
789 air or water contaminants in quantities prohibited by rules of
790 the department.
791 (7) “Nutrient or nutrient-related standards” means water
792 quality standards and criteria established for total nitrogen
793 and total phosphorous, or their organic or inorganic forms;
794 biological variables, such as chlorophyll-a, biomass, or the
795 structure of the phytoplankton, periphyton, or vascular plant
796 community, that respond to nutrient load or concentration in a
797 predictable and measurable manner; or dissolved oxygen if it is
798 demonstrated for the waterbody that dissolved oxygen conditions
799 result in a biological imbalance and the dissolved oxygen
800 responds to a nutrient load or concentration in a predictable
801 and measurable manner.
802 (8) “Onsite sewage treatment and disposal system” means a
803 system that contains a standard subsurface, filled, or mound
804 drainfield system; an aerobic treatment unit; a graywater system
805 tank; a laundry wastewater system tank; a septic tank; a grease
806 interceptor; a pump tank; a solids or effluent pump; a
807 waterless, incinerating, or organic waste-composting toilet; or
808 a sanitary pit privy that is installed or proposed to be
809 installed beyond the building sewer on land of the owner or on
810 other land to which the owner has the legal right to install a
811 system. The term includes any item placed within, or intended to
812 be used as a part of or in conjunction with, the system. The
813 term does not include package sewage treatment facilities and
814 other treatment works regulated under chapter 403.
815 (9)(5) “Person” means the state or any agency or
816 institution thereof, the United States or any agency or
817 institution thereof, or any municipality, political subdivision,
818 public or private corporation, individual, partnership,
819 association, or other entity and includes any officer or
820 governing or managing body of the state, the United States, any
821 agency, any municipality, political subdivision, or public or
822 private corporation.
823 (10)(6) “Plant” is any unit operation, complex, area, or
824 multiple of unit operations that produce, process, or cause to
825 be processed any materials, the processing of which can, or may,
826 cause air or water pollution.
827 (11)(7) “Pollution” is the presence in the outdoor
828 atmosphere or waters of the state of any substances,
829 contaminants, noise, or manmade or human-induced impairment of
830 air or waters or alteration of the chemical, physical,
831 biological, or radiological integrity of air or water in
832 quantities or at levels which are or may be potentially harmful
833 or injurious to human health or welfare, animal or plant life,
834 or property or which unreasonably interfere with the enjoyment
835 of life or property, including outdoor recreation unless
836 authorized by applicable law.
837 (12)(8) “Pollution prevention” means the steps taken by a
838 potential generator of contamination or pollution to eliminate
839 or reduce the contamination or pollution before it is discharged
840 into the environment. The term includes nonmandatory steps taken
841 to use alternative forms of energy, conserve or reduce the use
842 of energy, substitute nontoxic materials for toxic materials,
843 conserve or reduce the use of toxic materials and raw materials,
844 reformulate products, modify manufacturing or other processes,
845 improve in-plant maintenance and operations, implement
846 environmental planning before expanding a facility, and recycle
847 toxic or other raw materials.
848 (14)(9) “Sewerage system” means pipelines or conduits,
849 pumping stations, and force mains and all other structures,
850 devices, appurtenances, and facilities used for collecting or
851 conducting wastes to an ultimate point for treatment or
852 disposal.
853 (15)(10) “Source” means is any and all points of origin of
854 a contaminant the item defined in subsection (1), whether
855 privately or publicly owned or operated.
856 (21)(11) “Treatment works” and “disposal systems” mean any
857 plant or other works used for the purpose of treating,
858 stabilizing, or holding wastes.
859 (22)(12) “Wastes” means sewage, industrial wastes, and all
860 other liquid, gaseous, solid, radioactive, or other substances
861 which may pollute or tend to pollute any waters of the state.
862 (23)(13) “Waters” include, but are not limited to, rivers,
863 lakes, streams, springs, impoundments, wetlands, and all other
864 waters or bodies of water, including fresh, brackish, saline,
865 tidal, surface, or underground waters. Waters owned entirely by
866 one person other than the state are included only in regard to
867 possible discharge on other property or water. Underground
868 waters include, but are not limited to, all underground waters
869 passing through pores of rock or soils or flowing through in
870 channels, whether manmade or natural. Solely for purposes of s.
871 403.0885, waters of the state also include navigable waters or
872 waters of the contiguous zone as used in s. 502 of the Clean
873 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
874 existence on January 1, 1993, except for those navigable waters
875 seaward of the boundaries of the state set forth in s. 1, Art.
876 II of the State Constitution. Solely for purposes of this
877 chapter, waters of the state also include the area bounded by
878 the following:
879 (a) Commence at the intersection of State Road (SRD) 5
880 (U.S. 1) and the county line dividing Miami-Dade and Monroe
881 Counties, said point also being the mean high-water line of
882 Florida Bay, located in section 4, township 60 south, range 39
883 east of the Tallahassee Meridian for the point of beginning.
884 From said point of beginning, thence run northwesterly along
885 said SRD 5 to an intersection with the north line of section 18,
886 township 58 south, range 39 east; thence run westerly to a point
887 marking the southeast corner of section 12, township 58 south,
888 range 37 east, said point also lying on the east boundary of the
889 Everglades National Park; thence run north along the east
890 boundary of the aforementioned Everglades National Park to a
891 point marking the northeast corner of section 1, township 58
892 south, range 37 east; thence run west along said park to a point
893 marking the northwest corner of said section 1; thence run
894 northerly along said park to a point marking the northwest
895 corner of section 24, township 57 south, range 37 east; thence
896 run westerly along the south lines of sections 14, 15, and 16 to
897 the southwest corner of section 16; thence leaving the
898 Everglades National Park boundary run northerly along the west
899 line of section 16 to the northwest corner of section 16; thence
900 east along the northerly line of section 16 to a point at the
901 intersection of the east one-half and west one-half of section
902 9; thence northerly along the line separating the east one-half
903 and the west one-half of sections 9, 4, 33, and 28; thence run
904 easterly along the north line of section 28 to the northeast
905 corner of section 28; thence run northerly along the west line
906 of section 22 to the northwest corner of section 22; thence
907 easterly along the north line of section 22 to a point at the
908 intersection of the east one-half and west one-half of section
909 15; thence run northerly along said line to the point of
910 intersection with the north line of section 15; thence easterly
911 along the north line of section 15 to the northeast corner of
912 section 15; thence run northerly along the west lines of
913 sections 11 and 2 to the northwest corner of section 2; thence
914 run easterly along the north lines of sections 2 and 1 to the
915 northeast corner of section 1, township 56 south, range 37 east;
916 thence run north along the east line of section 36, township 55
917 south, range 37 east to the northeast corner of section 36;
918 thence run west along the north line of section 36 to the
919 northwest corner of section 36; thence run north along the west
920 line of section 25 to the northwest corner of section 25; thence
921 run west along the north line of section 26 to the northwest
922 corner of section 26; thence run north along the west line of
923 section 23 to the northwest corner of section 23; thence run
924 easterly along the north line of section 23 to the northeast
925 corner of section 23; thence run north along the west line of
926 section 13 to the northwest corner of section 13; thence run
927 east along the north line of section 13 to a point of
928 intersection with the west line of the southeast one-quarter of
929 section 12; thence run north along the west line of the
930 southeast one-quarter of section 12 to the northwest corner of
931 the southeast one-quarter of section 12; thence run east along
932 the north line of the southeast one-quarter of section 12 to the
933 point of intersection with the east line of section 12; thence
934 run east along the south line of the northwest one-quarter of
935 section 7 to the southeast corner of the northwest one-quarter
936 of section 7; thence run north along the east line of the
937 northwest one-quarter of section 7 to the point of intersection
938 with the north line of section 7; thence run northerly along the
939 west line of the southeast one-quarter of section 6 to the
940 northwest corner of the southeast one-quarter of section 6;
941 thence run east along the north lines of the southeast one
942 quarter of section 6 and the southwest one-quarter of section 5
943 to the northeast corner of the southwest one-quarter of section
944 5; thence run northerly along the east line of the northwest
945 one-quarter of section 5 to the point of intersection with the
946 north line of section 5; thence run northerly along the line
947 dividing the east one-half and the west one-half of Lot 5 to a
948 point intersecting the north line of Lot 5; thence run east
949 along the north line of Lot 5 to the northeast corner of Lot 5,
950 township 54 1/2 south, range 38 east; thence run north along the
951 west line of section 33, township 54 south, range 38 east to a
952 point intersecting the northwest corner of the southwest one
953 quarter of section 33; thence run easterly along the north line
954 of the southwest one-quarter of section 33 to the northeast
955 corner of the southwest one-quarter of section 33; thence run
956 north along the west line of the northeast one-quarter of
957 section 33 to a point intersecting the north line of section 33;
958 thence run easterly along the north line of section 33 to the
959 northeast corner of section 33; thence run northerly along the
960 west line of section 27 to a point intersecting the northwest
961 corner of the southwest one-quarter of section 27; thence run
962 easterly to the northeast corner of the southwest one-quarter of
963 section 27; thence run northerly along the west line of the
964 northeast one-quarter of section 27 to a point intersecting the
965 north line of section 27; thence run west along the north line
966 of section 27 to the northwest corner of section 27; thence run
967 north along the west lines of sections 22 and 15 to the
968 northwest corner of section 15; thence run easterly along the
969 north lines of sections 15 and 14 to the point of intersection
970 with the L-31N Levee, said intersection located near the
971 southeast corner of section 11, township 54 south, range 38
972 east; thence run northerly along Levee L-31N crossing SRD 90
973 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
974 31N, L-29, and L-30, said intersection located near the
975 southeast corner of section 2, township 54 south, range 38 east;
976 thence run northeasterly, northerly, and northeasterly along
977 Levee L-30 to a point of intersection with the Miami
978 Dade/Broward Levee, said intersection located near the northeast
979 corner of section 17, township 52 south, range 39 east; thence
980 run due east to a point of intersection with SRD 27 (Krome
981 Ave.); thence run northeasterly along SRD 27 to an intersection
982 with SRD 25 (U.S. 27), said intersection located in section 3,
983 township 52 south, range 39 east; thence run northerly along
984 said SRD 25, entering into Broward County, to an intersection
985 with SRD 84 at Andytown; thence run southeasterly along the
986 aforementioned SRD 84 to an intersection with the southwesterly
987 prolongation of Levee L-35A, said intersection being located in
988 the northeast one-quarter of section 5, township 50 south, range
989 40 east; thence run northeasterly along Levee L-35A to an
990 intersection of Levee L-36, said intersection located near the
991 southeast corner of section 12, township 49 south, range 40
992 east; thence run northerly along Levee L-36, entering into Palm
993 Beach County, to an intersection common to said Levees L-36, L
994 39, and L-40, said intersection located near the west quarter
995 corner of section 19, township 47 south, range 41 east; thence
996 run northeasterly, easterly, and northerly along Levee L-40,
997 said Levee L-40 being the easterly boundary of the Loxahatchee
998 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
999 441), said intersection located near the southeast corner of
1000 section 32, township 43 south, range 40 east; thence run
1001 westerly along the aforementioned SRD 80 to a point marking the
1002 intersection of said road and the northeasterly prolongation of
1003 Levee L-7, said Levee L-7 being the westerly boundary of the
1004 Loxahatchee National Wildlife Refuge; thence run southwesterly
1005 and southerly along said Levee L-7 to an intersection common to
1006 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
1007 southwesterly along Levee L-6 to an intersection common to Levee
1008 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
1009 located near the northwest corner of section 27, township 47
1010 south, range 38 east; thence run westerly along the
1011 aforementioned Levee L-5 to a point intersecting the east line
1012 of range 36 east; thence run northerly along said range line to
1013 a point marking the northeast corner of section 1, township 47
1014 south, range 36 east; thence run westerly along the north line
1015 of township 47 south, to an intersection with Levee L-23/24
1016 (Miami Canal); thence run northwesterly along the Miami Canal
1017 Levee to a point intersecting the north line of section 22,
1018 township 46 south, range 35 east; thence run westerly to a point
1019 marking the northwest corner of section 21, township 46 south,
1020 range 35 east; thence run southerly to the southwest corner of
1021 said section 21; thence run westerly to a point marking the
1022 northwest corner of section 30, township 46 south, range 35
1023 east, said point also being on the line dividing Palm Beach and
1024 Hendry Counties; from said point, thence run southerly along
1025 said county line to a point marking the intersection of Broward,
1026 Hendry, and Collier Counties, said point also being the
1027 northeast corner of section 1, township 49 south, range 34 east;
1028 thence run westerly along the line dividing Hendry and Collier
1029 Counties and continuing along the prolongation thereof to a
1030 point marking the southwest corner of section 36, township 48
1031 south, range 29 east; thence run southerly to a point marking
1032 the southwest corner of section 12, township 49 south, range 29
1033 east; thence run westerly to a point marking the southwest
1034 corner of section 10, township 49 south, range 29 east; thence
1035 run southerly to a point marking the southwest corner of section
1036 15, township 49 south, range 29 east; thence run westerly to a
1037 point marking the northwest corner of section 24, township 49
1038 south, range 28 east, said point lying on the west boundary of
1039 the Big Cypress Area of Critical State Concern as described in
1040 rule 28-25.001, Florida Administrative Code; thence run
1041 southerly along said boundary crossing SRD 84 (Alligator Alley)
1042 to a point marking the southwest corner of section 24, township
1043 50 south, range 28 east; thence leaving the aforementioned west
1044 boundary of the Big Cypress Area of Critical State Concern run
1045 easterly to a point marking the northeast corner of section 25,
1046 township 50 south, range 28 east; thence run southerly along the
1047 east line of range 28 east to a point lying approximately 0.15
1048 miles south of the northeast corner of section 1, township 52
1049 south, range 28 east; thence run southwesterly 2.4 miles more or
1050 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
1051 said intersection lying 1.1 miles more or less west of the east
1052 line of range 28 east; thence run northwesterly and westerly
1053 along SRD 90 to an intersection with the west line of section
1054 10, township 52 south, range 28 east; thence leaving SRD 90 run
1055 southerly to a point marking the southwest corner of section 15,
1056 township 52 south, range 28 east; thence run westerly crossing
1057 the Faka Union Canal 0.6 miles more or less to a point; thence
1058 run southerly and parallel to the Faka Union Canal to a point
1059 located on the mean high-water line of Faka Union Bay; thence
1060 run southeasterly along the mean high-water line of the various
1061 bays, rivers, inlets, and streams to the point of beginning.
1062 (b) The area bounded by the line described in paragraph (a)
1063 generally includes those waters to be known as waters of the
1064 state. The landward extent of these waters shall be determined
1065 by the delineation methodology ratified in s. 373.4211. Any
1066 waters which are outside the general boundary line described in
1067 paragraph (a) but which are contiguous thereto by virtue of the
1068 presence of a wetland, watercourse, or other surface water, as
1069 determined by the delineation methodology ratified in s.
1070 373.4211, shall be a part of this waterbody water body. Any
1071 areas within the line described in paragraph (a) which are
1072 neither a wetland nor surface water, as determined by the
1073 delineation methodology ratified in s. 373.4211, shall be
1074 excluded therefrom. If the Florida Environmental Regulation
1075 Commission designates the waters within the boundaries an
1076 Outstanding Florida Water, waters outside the boundaries may
1077 shall not be included as part of such designation unless a
1078 hearing is held pursuant to notice in each appropriate county
1079 and the boundaries of such lands are specifically considered and
1080 described for such designation.
1081 (16)(14) “State water resource implementation rule” means
1082 the rule authorized by s. 373.036, which sets forth goals,
1083 objectives, and guidance for the development and review of
1084 programs, rules, and plans relating to water resources, based on
1085 statutory policies and directives. The waters of the state are
1086 among its most basic resources. Such waters should be managed to
1087 conserve and protect water resources and to realize the full
1088 beneficial use of these resources.
1089 (17)(15) “Stormwater management program” means the
1090 institutional strategy for stormwater management, including
1091 urban, agricultural, and other stormwater.
1092 (18)(16) “Stormwater management system” means a system
1093 which is designed and constructed or implemented to control
1094 discharges that which are necessitated by rainfall events,
1095 incorporating methods to collect, convey, store, absorb,
1096 inhibit, treat, use, or reuse water to prevent or reduce
1097 flooding, overdrainage, environmental degradation and water
1098 pollution or otherwise affect the quantity and quality of
1099 discharges from the system.
1100 (19)(17) “Stormwater utility” means the funding of a
1101 stormwater management program by assessing the cost of the
1102 program to the beneficiaries based on their relative
1103 contribution to its need. It is operated as a typical utility
1104 which bills services regularly, similar to water and wastewater
1105 services.
1106 (24)(18) “Watershed” means the land area that which
1107 contributes to the flow of water into a receiving body of water.
1108 (13)(19) “Regulated air pollutant” means any pollutant
1109 regulated under the federal Clean Air Act.
1110 (4)(20) “Electrical power plant” means, for purposes of
1111 this part of this chapter, any electrical generating facility
1112 that uses any process or fuel and that is owned or operated by
1113 an electric utility, as defined in s. 403.503(14), and includes
1114 any associated facility that directly supports the operation of
1115 the electrical power plant.
1116 (20)(21) “Total maximum daily load” is defined as the sum
1117 of the individual wasteload allocations for point sources and
1118 the load allocations for nonpoint sources and natural
1119 background. Prior to determining individual wasteload
1120 allocations and load allocations, the maximum amount of a
1121 pollutant that a waterbody water body or water segment can
1122 assimilate from all sources without exceeding water quality
1123 standards must first be calculated.
1124 Section 12. Paragraphs (a) and (e) of subsection (7) of
1125 section 403.067, Florida Statutes, are amended to read:
1126 403.067 Establishment and implementation of total maximum
1127 daily loads.—
1128 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1129 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1130 (a) Basin management action plans.—
1131 1. In developing and implementing the total maximum daily
1132 load for a waterbody water body, the department, or the
1133 department in conjunction with a water management district, may
1134 develop a basin management action plan that addresses some or
1135 all of the watersheds and basins tributary to the waterbody
1136 water body. Such plan must integrate the appropriate management
1137 strategies available to the state through existing water quality
1138 protection programs to achieve the total maximum daily loads and
1139 may provide for phased implementation of these management
1140 strategies to promote timely, cost-effective actions as provided
1141 for in s. 403.151. The plan must establish a schedule
1142 implementing the management strategies, establish a basis for
1143 evaluating the plan’s effectiveness, and identify feasible
1144 funding strategies for implementing the plan’s management
1145 strategies. The management strategies may include regional
1146 treatment systems or other public works, when appropriate, and
1147 voluntary trading of water quality credits to achieve the needed
1148 pollutant load reductions.
1149 2. A basin management action plan must equitably allocate,
1150 pursuant to paragraph (6)(b), pollutant reductions to individual
1151 basins, as a whole to all basins, or to each identified point
1152 source or category of nonpoint sources, as appropriate. For
1153 nonpoint sources for which best management practices have been
1154 adopted, the initial requirement specified by the plan must be
1155 those practices developed pursuant to paragraph (c). When
1156 appropriate, the plan may take into account the benefits of
1157 pollutant load reduction achieved by point or nonpoint sources
1158 that have implemented management strategies to reduce pollutant
1159 loads, including best management practices, before the
1160 development of the basin management action plan. The plan must
1161 also identify the mechanisms that will address potential future
1162 increases in pollutant loading.
1163 3. The basin management action planning process is intended
1164 to involve the broadest possible range of interested parties,
1165 with the objective of encouraging the greatest amount of
1166 cooperation and consensus possible. In developing a basin
1167 management action plan, the department shall assure that key
1168 stakeholders, including, but not limited to, applicable local
1169 governments, water management districts, the Department of
1170 Agriculture and Consumer Services, other appropriate state
1171 agencies, local soil and water conservation districts,
1172 environmental groups, regulated interests, and affected
1173 pollution sources, are invited to participate in the process.
1174 The department shall hold at least one public meeting in the
1175 vicinity of the watershed or basin to discuss and receive
1176 comments during the planning process and shall otherwise
1177 encourage public participation to the greatest practicable
1178 extent. Notice of the public meeting must be published in a
1179 newspaper of general circulation in each county in which the
1180 watershed or basin lies at least 5 days, but not more than 15
1181 days, before the public meeting. A basin management action plan
1182 does not supplant or otherwise alter any assessment made under
1183 subsection (3) or subsection (4) or any calculation or initial
1184 allocation.
1185 4. Each new or revised basin management action plan must
1186 shall include all of the following:
1187 a. The appropriate management strategies available through
1188 existing water quality protection programs to achieve total
1189 maximum daily loads, which may provide for phased implementation
1190 to promote timely, cost-effective actions as provided for in s.
1191 403.151.;
1192 b. A description of best management practices adopted by
1193 rule.;
1194 c. For the applicable 5-year implementation milestone, a
1195 list of projects that will achieve the pollutant load reductions
1196 needed to meet the total maximum daily load or the load
1197 allocations established pursuant to subsection (6). Each project
1198 must include a planning-level cost estimate and an estimated
1199 date of completion. A list of projects in priority ranking with
1200 a planning-level cost estimate and estimated date of completion
1201 for each listed project;
1202 d. A list of projects developed pursuant to paragraph (e),
1203 if applicable.
1204 e.d. The source and amount of financial assistance to be
1205 made available by the department, a water management district,
1206 or other entity for each listed project, if applicable.; and
1207 f.e. A planning-level estimate of each listed project’s
1208 expected load reduction, if applicable.
1209 5. The department shall adopt all or any part of a basin
1210 management action plan and any amendment to such plan by
1211 secretarial order pursuant to chapter 120 to implement this
1212 section.
1213 6. The basin management action plan must include 5-year
1214 milestones for implementation and water quality improvement, and
1215 an associated water quality monitoring component sufficient to
1216 evaluate whether reasonable progress in pollutant load
1217 reductions is being achieved over time. An assessment of
1218 progress toward these milestones shall be conducted every 5
1219 years, and revisions to the plan shall be made as appropriate.
1220 Any entity with a specific pollutant load reduction requirement
1221 established in a basin management action plan shall identify the
1222 projects or strategies that such entity will undertake to meet
1223 current 5-year pollution reduction milestones, beginning with
1224 the first 5-year milestone for new basin management action
1225 plans, and submit such projects to the department for inclusion
1226 in the appropriate basin management action plan. Each project
1227 identified must include an estimated amount of nutrient
1228 reduction that is reasonably expected to be achieved based on
1229 the best scientific information available. Revisions to the
1230 basin management action plan shall be made by the department in
1231 cooperation with basin stakeholders. Revisions to the management
1232 strategies required for nonpoint sources must follow the
1233 procedures in subparagraph (c)4. Revised basin management action
1234 plans must be adopted pursuant to subparagraph 5.
1235 7. In accordance with procedures adopted by rule under
1236 paragraph (9)(c), basin management action plans, and other
1237 pollution control programs under local, state, or federal
1238 authority as provided in subsection (4), may allow point or
1239 nonpoint sources that will achieve greater pollutant reductions
1240 than required by an adopted total maximum daily load or
1241 wasteload allocation to generate, register, and trade water
1242 quality credits for the excess reductions to enable other
1243 sources to achieve their allocation; however, the generation of
1244 water quality credits does not remove the obligation of a source
1245 or activity to meet applicable technology requirements or
1246 adopted best management practices. Such plans must allow trading
1247 between NPDES permittees, and trading that may or may not
1248 involve NPDES permittees, where the generation or use of the
1249 credits involve an entity or activity not subject to department
1250 water discharge permits whose owner voluntarily elects to obtain
1251 department authorization for the generation and sale of credits.
1252 8. The department’s rule relating to the equitable
1253 abatement of pollutants into surface waters do not apply to
1254 water bodies or waterbody water body segments for which a basin
1255 management plan that takes into account future new or expanded
1256 activities or discharges has been adopted under this section.
1257 9. In order to promote resilient wastewater utilities, if
1258 the department identifies domestic wastewater treatment
1259 facilities or onsite sewage treatment and disposal systems as
1260 contributors of at least 20 percent of point source or nonpoint
1261 source nutrient pollution or if the department determines
1262 remediation is necessary to achieve the total maximum daily
1263 load, a basin management action plan for a nutrient total
1264 maximum daily load must include the following:
1265 a. A wastewater treatment plan developed by each local
1266 government, in cooperation with the department, the water
1267 management district, and the public and private domestic
1268 wastewater treatment facilities within the jurisdiction of the
1269 local government, that addresses domestic wastewater. The
1270 wastewater treatment plan must:
1271 (I) Provide for construction, expansion, or upgrades
1272 necessary to achieve the total maximum daily load requirements
1273 applicable to the domestic wastewater treatment facility.
1274 (II) Include the permitted capacity in average annual
1275 gallons per day for the domestic wastewater treatment facility;
1276 the average nutrient concentration and the estimated average
1277 nutrient load of the domestic wastewater; a projected timeline
1278 of the dates by which the construction of any facility
1279 improvements will begin and be completed and the date by which
1280 operations of the improved facility will begin; the estimated
1281 cost of the improvements; and the identity of responsible
1282 parties.
1283
1284 The wastewater treatment plan must be adopted as part of the
1285 basin management action plan no later than July 1, 2025. A local
1286 government that does not have a domestic wastewater treatment
1287 facility in its jurisdiction is not required to develop a
1288 wastewater treatment plan unless there is a demonstrated need to
1289 establish a domestic wastewater treatment facility within its
1290 jurisdiction to improve water quality necessary to achieve a
1291 total maximum daily load. A local government is not responsible
1292 for a private domestic wastewater facility’s compliance with a
1293 basin management action plan unless such facility is operated
1294 through a public-private partnership to which the local
1295 government is a party.
1296 b. An onsite sewage treatment and disposal system
1297 remediation plan developed by each local government in
1298 cooperation with the department, the Department of Health, water
1299 management districts, and public and private domestic wastewater
1300 treatment facilities.
1301 (I) The onsite sewage treatment and disposal system
1302 remediation plan must identify cost-effective and financially
1303 feasible projects necessary to achieve the nutrient load
1304 reductions required for onsite sewage treatment and disposal
1305 systems. To identify cost-effective and financially feasible
1306 projects for remediation of onsite sewage treatment and disposal
1307 systems, the local government shall:
1308 (A) Include an inventory of onsite sewage treatment and
1309 disposal systems based on the best information available;
1310 (B) Identify onsite sewage treatment and disposal systems
1311 that would be eliminated through connection to existing or
1312 future central domestic wastewater infrastructure in the
1313 jurisdiction or domestic wastewater service area of the local
1314 government, that would be replaced with or upgraded to enhanced
1315 nutrient-reducing onsite sewage treatment and disposal systems,
1316 or that would remain on conventional onsite sewage treatment and
1317 disposal systems;
1318 (C) Estimate the costs of potential onsite sewage treatment
1319 and disposal system connections, upgrades, or replacements; and
1320 (D) Identify deadlines and interim milestones for the
1321 planning, design, and construction of projects.
1322 (II) The department shall adopt the onsite sewage treatment
1323 and disposal system remediation plan as part of the basin
1324 management action plan no later than July 1, 2025, or as
1325 required for Outstanding Florida Springs under s. 373.807.
1326 10. The installation of new onsite sewage treatment and
1327 disposal systems constructed within a basin management action
1328 plan area adopted under this section, a reasonable assurance
1329 plan, or a pollution reduction plan is prohibited where
1330 connection to a publicly owned or investor-owned sewerage system
1331 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1332 or less within a basin management action plan adopted under this
1333 section, a reasonable assurance plan, or a pollution reduction
1334 plan where a publicly owned or investor-owned sewerage system is
1335 not available, the installation of enhanced nutrient-reducing
1336 onsite sewage treatment and disposal systems or other wastewater
1337 treatment systems that achieve at least 50 percent nutrient
1338 reduction compared to a standard onsite sewage treatment and
1339 disposal system is required.
1340 11.10. When identifying wastewater projects in a basin
1341 management action plan, the department may not require the
1342 higher cost option if it achieves the same nutrient load
1343 reduction as a lower cost option. A regulated entity may choose
1344 a different cost option if it complies with the pollutant
1345 reduction requirements of an adopted total maximum daily load
1346 and meets or exceeds the pollution reduction requirement of the
1347 original project.
1348 12. Annually, local governments subject to a basin
1349 management action plan or located within the basin of a
1350 waterbody not attaining nutrient or nutrient-related standards
1351 must provide to the department an update on the status of
1352 construction of sanitary sewers to serve such areas, in a manner
1353 prescribed by the department.
1354 (e) Cooperative agricultural regional water quality
1355 improvement element.—
1356 1. The department and, the Department of Agriculture and
1357 Consumer Services, in cooperation with and owners of
1358 agricultural operations in the basin, shall develop a
1359 cooperative agricultural regional water quality improvement
1360 element as part of a basin management action plan where only if:
1361 a. Agricultural measures have been adopted by the
1362 Department of Agriculture and Consumer Services pursuant to
1363 subparagraph (c)2. and have been implemented and the water body
1364 remains impaired;
1365 b. Agricultural nonpoint sources contribute to at least 20
1366 percent of nonpoint source nutrient discharges; or and
1367 b.c. The department determines that additional measures, in
1368 combination with state-sponsored regional projects and other
1369 management strategies included in the basin management action
1370 plan, are necessary to achieve the total maximum daily load.
1371 2. The element will be implemented through the use of cost
1372 effective and technically and financially practical regional
1373 agricultural nutrient reduction cost-sharing projects and. The
1374 element must include a list of such projects submitted to the
1375 department by the Department of Agriculture and Consumer
1376 Services which, in combination with the best management
1377 practices, additional measures, and other management strategies,
1378 will achieve the needed pollutant load reductions established
1379 for agricultural nonpoint sources cost-effective and technically
1380 and financially practical cooperative regional agricultural
1381 nutrient reduction projects that can be implemented on private
1382 properties on a site-specific, cooperative basis. Such
1383 cooperative regional agricultural nutrient reduction projects
1384 may include, but are not limited to, land acquisition in fee or
1385 conservation easements on the lands of willing sellers and site
1386 specific water quality improvement or dispersed water management
1387 projects. The list of regional projects included in the
1388 cooperative agricultural regional water quality improvement
1389 element must include a planning-level cost estimate of each
1390 project along with the estimated amount of nutrient reduction
1391 that such project will achieve on the lands of project
1392 participants.
1393 3. To qualify for participation in the cooperative
1394 agricultural regional water quality improvement element, the
1395 participant must have already implemented and be in compliance
1396 with best management practices or other measures adopted by the
1397 Department of Agriculture and Consumer Services pursuant to
1398 subparagraph (c)2. The element must may be included in the basin
1399 management action plan as a part of the next 5-year assessment
1400 under subparagraph (a)6.
1401 4. The department or the Department of Agriculture and
1402 Consumer Services may submit a legislative budget request to
1403 fund projects developed pursuant to this paragraph. In
1404 allocating funds for projects funded pursuant to this paragraph,
1405 the department shall provide at least 20 percent of its annual
1406 appropriation for projects in subbasins with the highest
1407 nutrient concentrations within a basin management action plan.
1408 Projects submitted pursuant to this paragraph are eligible for
1409 funding in accordance with s. 403.0673.
1410 Section 13. Section 403.0673, Florida Statutes, is amended
1411 to read:
1412 403.0673 Water quality improvement Wastewater grant
1413 program.—A wastewater grant program is established within the
1414 Department of Environmental Protection to address wastewater,
1415 stormwater, and agricultural sources of nutrient loading to
1416 surface water or groundwater.
1417 (1) The purpose of the grant program is to fund projects
1418 that will improve the quality of waters that:
1419 (a) Are not attaining nutrient or nutrient-related
1420 standards;
1421 (b) Have an established total maximum daily load; or
1422 (c) Are located Subject to the appropriation of funds by
1423 the Legislature, the department may provide grants for the
1424 following projects within a basin management action plan area, a
1425 reasonable assurance plan area an alternative restoration plan
1426 adopted by final order, an accepted alternative restoration plan
1427 area, or a rural area of opportunity under s. 288.0656.
1428 (2) The department may provide grants for all of the
1429 following types of projects that reduce the amount of nutrients
1430 entering those waters identified in subsection (1):
1431 (a) Connecting onsite sewage treatment and disposal systems
1432 to central sewer facilities.
1433 (b) Upgrading domestic wastewater treatment facilities to
1434 advanced waste treatment or greater.
1435 (c) Repairing, upgrading, expanding, or constructing
1436 stormwater treatment facilities that result in improvements to
1437 surface water or groundwater quality.
1438 (d) Repairing, upgrading, expanding, or constructing
1439 domestic wastewater treatment facilities that result in
1440 improvements to surface water or groundwater quality, including
1441 domestic wastewater reuse and collection systems.
1442 (e) Projects identified pursuant to s. 403.067(7)(a) or
1443 (7)(e).
1444 (f) Projects identified in a wastewater treatment plan or
1445 an onsite sewage treatment and disposal system remediation plan
1446 developed pursuant to s. 403.067(7)(a)9.a. and b.
1447 (g) Projects listed in a city or county capital improvement
1448 element pursuant to s. 163.3177(3)(a)4.b.
1449 (h) Retrofitting onsite sewage treatment and disposal
1450 systems to upgrade such systems to enhanced nutrient-reducing
1451 onsite sewage treatment and disposal systems where central
1452 sewerage is unavailable which will individually or collectively
1453 reduce excess nutrient pollution:
1454 (a) Projects to retrofit onsite sewage treatment and
1455 disposal systems to upgrade such systems to enhanced nutrient
1456 reducing onsite sewage treatment and disposal systems.
1457 (b) Projects to construct, upgrade, or expand facilities to
1458 provide advanced waste treatment, as defined in s. 403.086(4).
1459 (c) Projects to connect onsite sewage treatment and
1460 disposal systems to central sewer facilities.
1461 (3)(2) In allocating such funds, priority must be given to
1462 projects that subsidize the connection of onsite sewage
1463 treatment and disposal systems to wastewater treatment
1464 facilities. First priority must be given to subsidize the
1465 connection of onsite sewage treatment and disposal systems to
1466 existing infrastructure. Second priority must be given to any
1467 expansion of a collection or transmission system that promotes
1468 efficiency by planning the installation of wastewater
1469 transmission facilities to be constructed concurrently with
1470 other construction projects occurring within or along a
1471 transportation facility right-of-way. Third priority must be
1472 given to all other connections of onsite sewage treatment and
1473 disposal systems to wastewater treatment facilities. The
1474 department shall consider and prioritize those projects that
1475 have the maximum estimated reduction in nutrient load per
1476 project; demonstrate project readiness; are cost-effective,
1477 including the percent cost share identified by the applicant,
1478 except for rural areas of opportunity; provide an the cost
1479 effectiveness of the project; the overall environmental benefit,
1480 including any projected water savings associated with reclaimed
1481 water use; and are in of a project; the location where
1482 reductions are most needed of a project; the availability of
1483 local matching funds; and projected water savings or quantity
1484 improvements associated with a project.
1485 (3) Each grant for a project described in subsection (1)
1486 must require a minimum of a 50-percent local match of funds.
1487 However, the department may, at its discretion, waive, in whole
1488 or in part, this consideration of the local contribution for
1489 proposed projects within an area designated as a rural area of
1490 opportunity under s. 288.0656.
1491 (4) The department shall coordinate annually with each
1492 water management district, as necessary, to identify potential
1493 projects grant recipients in each district.
1494 (5) The department shall coordinate with local governments
1495 and stakeholders to identify the most effective and beneficial
1496 water quality improvement projects.
1497 (6) Beginning January 1, 2024 2021, and each January 1
1498 thereafter, the department shall submit a report regarding the
1499 projects funded pursuant to this section to the Governor, the
1500 President of the Senate, and the Speaker of the House of
1501 Representatives.
1502 Section 14. Paragraph (c) of subsection (1) of section
1503 403.086, Florida Statutes, is amended to read:
1504 403.086 Sewage disposal facilities; advanced and secondary
1505 waste treatment.—
1506 (1)
1507 (c)1. Notwithstanding this chapter or chapter 373, sewage
1508 disposal facilities may not dispose of any wastes into the
1509 following waters without providing advanced waste treatment, as
1510 defined in subsection (4), as approved by the department or a
1511 more stringent treatment standard if the department determines
1512 the more stringent standard is necessary to achieve the total
1513 maximum daily load or applicable water quality criteria:
1514 a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega
1515 Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
1516 Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay,
1517 Biscayne Bay, or any river, stream, channel, canal, bay, bayou,
1518 sound, or other water tributary thereto.,
1519 b. Beginning July 1, 2025, Indian River Lagoon, or into any
1520 river, stream, channel, canal, bay, bayou, sound, or other water
1521 tributary thereto.
1522 c. By January 1, 2033, waterbodies that are currently not
1523 attaining nutrient or nutrient-related standards or that are
1524 subject to a nutrient or nutrient-related basin management
1525 action plan adopted pursuant to s. 403.067 or adopted reasonable
1526 assurance plan.
1527 2. For any waterbody determined not to be attaining
1528 nutrient or nutrient-related standards after July 1, 2023, or
1529 subject to a nutrient or nutrient-related basin management
1530 action plan adopted pursuant to s. 403.067 or adopted reasonable
1531 assurance plan after July 1, 2023, sewage disposal facilities
1532 are prohibited from disposing any wastes into such waters
1533 without providing advanced waste treatment, as defined in
1534 subsection (4), as approved by the department within 10 years
1535 after such determination or adoption, without providing advanced
1536 waste treatment, as defined in subsection (4), approved by the
1537 department. This paragraph does not apply to facilities which
1538 were permitted by February 1, 1987, and which discharge
1539 secondary treated effluent, followed by water hyacinth
1540 treatment, to tributaries of tributaries of the named waters; or
1541 to facilities permitted to discharge to the nontidally
1542 influenced portions of the Peace River.
1543 Section 15. Paragraph (h) of subsection (4) of section
1544 201.15, Florida Statutes, is amended to read:
1545 201.15 Distribution of taxes collected.—All taxes collected
1546 under this chapter are hereby pledged and shall be first made
1547 available to make payments when due on bonds issued pursuant to
1548 s. 215.618 or s. 215.619, or any other bonds authorized to be
1549 issued on a parity basis with such bonds. Such pledge and
1550 availability for the payment of these bonds shall have priority
1551 over any requirement for the payment of service charges or costs
1552 of collection and enforcement under this section. All taxes
1553 collected under this chapter, except taxes distributed to the
1554 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
1555 are subject to the service charge imposed in s. 215.20(1).
1556 Before distribution pursuant to this section, the Department of
1557 Revenue shall deduct amounts necessary to pay the costs of the
1558 collection and enforcement of the tax levied by this chapter.
1559 The costs and service charge may not be levied against any
1560 portion of taxes pledged to debt service on bonds to the extent
1561 that the costs and service charge are required to pay any
1562 amounts relating to the bonds. All of the costs of the
1563 collection and enforcement of the tax levied by this chapter and
1564 the service charge shall be available and transferred to the
1565 extent necessary to pay debt service and any other amounts
1566 payable with respect to bonds authorized before January 1, 2017,
1567 secured by revenues distributed pursuant to this section. All
1568 taxes remaining after deduction of costs shall be distributed as
1569 follows:
1570 (4) After the required distributions to the Land
1571 Acquisition Trust Fund pursuant to subsections (1) and (2) and
1572 deduction of the service charge imposed pursuant to s.
1573 215.20(1), the remainder shall be distributed as follows:
1574 (h) An amount equaling 5.4175 percent of the remainder
1575 shall be paid into the Water Protection and Sustainability
1576 Program Trust Fund to be used to fund water quality improvement
1577 wastewater grants as specified in s. 403.0673.
1578 Section 16. Paragraph (l) of subsection (3), paragraph (a)
1579 of subsection (5), and paragraph (i) of subsection (15) of
1580 section 259.105, Florida Statutes, are amended to read:
1581 259.105 The Florida Forever Act.—
1582 (3) Less the costs of issuing and the costs of funding
1583 reserve accounts and other costs associated with bonds, the
1584 proceeds of cash payments or bonds issued pursuant to this
1585 section shall be deposited into the Florida Forever Trust Fund
1586 created by s. 259.1051. The proceeds shall be distributed by the
1587 Department of Environmental Protection in the following manner:
1588 (l) For the purposes of paragraphs (e), (f), (g), and (h),
1589 the agencies that receive the funds shall develop their
1590 individual acquisition or restoration lists in accordance with
1591 specific criteria and numeric performance measures developed
1592 pursuant to s. 259.035(4). Proposed additions may be acquired if
1593 they are identified within the original project boundary, the
1594 management plan required pursuant to s. 253.034(5), or the
1595 management prospectus required pursuant to s. 259.032(7)(b) s.
1596 259.032(7)(c). Proposed additions not meeting the requirements
1597 of this paragraph shall be submitted to the council for
1598 approval. The council may only approve the proposed addition if
1599 it meets two or more of the following criteria: serves as a link
1600 or corridor to other publicly owned property; enhances the
1601 protection or management of the property; would add a desirable
1602 resource to the property; would create a more manageable
1603 boundary configuration; has a high resource value that otherwise
1604 would be unprotected; or can be acquired at less than fair
1605 market value.
1606 (5)(a) All lands acquired pursuant to this section shall be
1607 managed for multiple-use purposes, where compatible with the
1608 resource values of and management objectives for such lands. As
1609 used in this section, “multiple-use” includes, but is not
1610 limited to, outdoor recreational activities as described in ss.
1611 253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b), water
1612 resource development projects, sustainable forestry management,
1613 carbon sequestration, carbon mitigation, or carbon offsets.
1614 (15) The council shall submit to the board, with its list
1615 of projects, a report that includes, but need not be limited to,
1616 the following information for each project listed:
1617 (i) A management policy statement for the project and a
1618 management prospectus pursuant to s. 259.032(7)(b) s.
1619 259.032(7)(c).
1620 Section 17. Subsection (17) of section 373.019, Florida
1621 Statutes, is amended to read:
1622 373.019 Definitions.—When appearing in this chapter or in
1623 any rule, regulation, or order adopted pursuant thereto, the
1624 term:
1625 (17) “Reclaimed water” means water that has received at
1626 least secondary treatment and basic disinfection and is reused
1627 after flowing out of a domestic wastewater treatment facility.
1628 Reclaimed water is not subject to regulation pursuant to s.
1629 373.175 or part II of this chapter until it has been discharged
1630 into waters as defined in s. 403.031 s. 403.031(13).
1631 Section 18. Section 373.4132, Florida Statutes, is amended
1632 to read:
1633 373.4132 Dry storage facility permitting.—The governing
1634 board or the department shall require a permit under this part,
1635 including s. 373.4145, for the construction, alteration,
1636 operation, maintenance, abandonment, or removal of a dry storage
1637 facility for 10 or more vessels that is functionally associated
1638 with a boat launching area. As part of an applicant’s
1639 demonstration that such a facility will not be harmful to the
1640 water resources and will not be inconsistent with the overall
1641 objectives of the district, the governing board or department
1642 shall require the applicant to provide reasonable assurance that
1643 the secondary impacts from the facility will not cause adverse
1644 impacts to the functions of wetlands and surface waters,
1645 including violations of state water quality standards applicable
1646 to waters as defined in s. 403.031 s. 403.031(13), and will meet
1647 the public interest test of s. 373.414(1)(a), including the
1648 potential adverse impacts to manatees. Nothing in this section
1649 shall affect the authority of the governing board or the
1650 department to regulate such secondary impacts under this part
1651 for other regulated activities.
1652 Section 19. Subsection (1) of section 373.414, Florida
1653 Statutes, is amended to read:
1654 373.414 Additional criteria for activities in surface
1655 waters and wetlands.—
1656 (1) As part of an applicant’s demonstration that an
1657 activity regulated under this part will not be harmful to the
1658 water resources or will not be inconsistent with the overall
1659 objectives of the district, the governing board or the
1660 department shall require the applicant to provide reasonable
1661 assurance that state water quality standards applicable to
1662 waters as defined in s. 403.031 s. 403.031(13) will not be
1663 violated and reasonable assurance that such activity in, on, or
1664 over surface waters or wetlands, as delineated in s. 373.421(1),
1665 is not contrary to the public interest. However, if such an
1666 activity significantly degrades or is within an Outstanding
1667 Florida Water, as provided by department rule, the applicant
1668 must provide reasonable assurance that the proposed activity
1669 will be clearly in the public interest.
1670 (a) In determining whether an activity, which is in, on, or
1671 over surface waters or wetlands, as delineated in s. 373.421(1),
1672 and is regulated under this part, is not contrary to the public
1673 interest or is clearly in the public interest, the governing
1674 board or the department shall consider and balance the following
1675 criteria:
1676 1. Whether the activity will adversely affect the public
1677 health, safety, or welfare or the property of others;
1678 2. Whether the activity will adversely affect the
1679 conservation of fish and wildlife, including endangered or
1680 threatened species, or their habitats;
1681 3. Whether the activity will adversely affect navigation or
1682 the flow of water or cause harmful erosion or shoaling;
1683 4. Whether the activity will adversely affect the fishing
1684 or recreational values or marine productivity in the vicinity of
1685 the activity;
1686 5. Whether the activity will be of a temporary or permanent
1687 nature;
1688 6. Whether the activity will adversely affect or will
1689 enhance significant historical and archaeological resources
1690 under the provisions of s. 267.061; and
1691 7. The current condition and relative value of functions
1692 being performed by areas affected by the proposed activity.
1693 (b) If the applicant is unable to otherwise meet the
1694 criteria set forth in this subsection, the governing board or
1695 the department, in deciding to grant or deny a permit, must
1696 shall consider measures proposed by or acceptable to the
1697 applicant to mitigate adverse effects that may be caused by the
1698 regulated activity. Such measures may include, but are not
1699 limited to, onsite mitigation, offsite mitigation, offsite
1700 regional mitigation, and the purchase of mitigation credits from
1701 mitigation banks permitted under s. 373.4136. It is shall be the
1702 responsibility of the applicant to choose the form of
1703 mitigation. The mitigation must offset the adverse effects
1704 caused by the regulated activity.
1705 1. The department or water management districts may accept
1706 the donation of money as mitigation only where the donation is
1707 specified for use in a duly noticed environmental creation,
1708 preservation, enhancement, or restoration project, endorsed by
1709 the department or the governing board of the water management
1710 district, which offsets the impacts of the activity permitted
1711 under this part. However, the provisions of this subsection does
1712 shall not apply to projects undertaken pursuant to s. 373.4137
1713 or chapter 378. Where a permit is required under this part to
1714 implement any project endorsed by the department or a water
1715 management district, all necessary permits must have been issued
1716 prior to the acceptance of any cash donation. After the
1717 effective date of this act, when money is donated to either the
1718 department or a water management district to offset impacts
1719 authorized by a permit under this part, the department or the
1720 water management district shall accept only a donation that
1721 represents the full cost to the department or water management
1722 district of undertaking the project that is intended to mitigate
1723 the adverse impacts. The full cost shall include all direct and
1724 indirect costs, as applicable, such as those for land
1725 acquisition, land restoration or enhancement, perpetual land
1726 management, and general overhead consisting of costs such as
1727 staff time, building, and vehicles. The department or the water
1728 management district may use a multiplier or percentage to add to
1729 other direct or indirect costs to estimate general overhead.
1730 Mitigation credit for such a donation may shall be given only to
1731 the extent that the donation covers the full cost to the agency
1732 of undertaking the project that is intended to mitigate the
1733 adverse impacts. However, nothing herein may shall be construed
1734 to prevent the department or a water management district from
1735 accepting a donation representing a portion of a larger project,
1736 provided that the donation covers the full cost of that portion
1737 and mitigation credit is given only for that portion. The
1738 department or water management district may deviate from the
1739 full cost requirements of this subparagraph to resolve a
1740 proceeding brought pursuant to chapter 70 or a claim for inverse
1741 condemnation. Nothing in this section may shall be construed to
1742 require the owner of a private mitigation bank, permitted under
1743 s. 373.4136, to include the full cost of a mitigation credit in
1744 the price of the credit to a purchaser of said credit.
1745 2. The department and each water management district shall
1746 report by March 1 of each year, as part of the consolidated
1747 annual report required by s. 373.036(7), all cash donations
1748 accepted under subparagraph 1. during the preceding water
1749 management district fiscal year for wetland mitigation purposes.
1750 The report must shall exclude those contributions pursuant to s.
1751 373.4137. The report must shall include a description of the
1752 endorsed mitigation projects and, except for projects governed
1753 by s. 373.4135(6), must shall address, as applicable, success
1754 criteria, project implementation status and timeframe,
1755 monitoring, long-term management, provisions for preservation,
1756 and full cost accounting.
1757 3. If the applicant is unable to meet water quality
1758 standards because existing ambient water quality does not meet
1759 standards, the governing board or the department must shall
1760 consider mitigation measures proposed by or acceptable to the
1761 applicant that cause net improvement of the water quality in the
1762 receiving body of water for those parameters which do not meet
1763 standards.
1764 4. If mitigation requirements imposed by a local government
1765 for surface water and wetland impacts of an activity regulated
1766 under this part cannot be reconciled with mitigation
1767 requirements approved under a permit for the same activity
1768 issued under this part, including application of the uniform
1769 wetland mitigation assessment method adopted pursuant to
1770 subsection (18), the mitigation requirements for surface water
1771 and wetland impacts are shall be controlled by the permit issued
1772 under this part.
1773 (c) Where activities for a single project regulated under
1774 this part occur in more than one local government jurisdiction,
1775 and where permit conditions or regulatory requirements are
1776 imposed by a local government for these activities which cannot
1777 be reconciled with those imposed by a permit under this part for
1778 the same activities, the permit conditions or regulatory
1779 requirements are shall be controlled by the permit issued under
1780 this part.
1781 Section 20. Section 373.4142, Florida Statutes, is amended
1782 to read:
1783 373.4142 Water quality within stormwater treatment
1784 systems.—State surface water quality standards applicable to
1785 waters of the state, as defined in s. 403.031 s. 403.031(13), do
1786 shall not apply within a stormwater management system which is
1787 designed, constructed, operated, and maintained for stormwater
1788 treatment in accordance with a valid permit or noticed exemption
1789 issued pursuant to chapter 62-25, Florida Administrative Code; a
1790 valid permit or exemption under s. 373.4145 within the Northwest
1791 Florida Water Management District; a valid permit issued on or
1792 subsequent to April 1, 1986, within the Suwannee River Water
1793 Management District or the St. Johns River Water Management
1794 District pursuant to this part; a valid permit issued on or
1795 subsequent to March 1, 1988, within the Southwest Florida Water
1796 Management District pursuant to this part; or a valid permit
1797 issued on or subsequent to January 6, 1982, within the South
1798 Florida Water Management District pursuant to this part. Such
1799 inapplicability of state water quality standards shall be
1800 limited to that part of the stormwater management system located
1801 upstream of a manmade water control structure permitted, or
1802 approved under a noticed exemption, to retain or detain
1803 stormwater runoff in order to provide treatment of the
1804 stormwater. The additional use of such a stormwater management
1805 system for flood attenuation or irrigation does shall not divest
1806 the system of the benefits of this exemption. This section does
1807 shall not affect the authority of the department and water
1808 management districts to require reasonable assurance that the
1809 water quality within such stormwater management systems will not
1810 adversely impact public health, fish and wildlife, or adjacent
1811 waters.
1812 Section 21. Paragraph (a) of subsection (1) of section
1813 373.430, Florida Statutes, is amended to read:
1814 373.430 Prohibitions, violation, penalty, intent.—
1815 (1) It shall be a violation of this part, and it shall be
1816 prohibited for any person:
1817 (a) To cause pollution, as defined in s. 403.031 s.
1818 403.031(7), except as otherwise provided in this part, so as to
1819 harm or injure human health or welfare, animal, plant, or
1820 aquatic life or property.
1821 Section 22. Paragraph (n) of subsection (2) of section
1822 373.4592, Florida Statutes, is amended to read:
1823 373.4592 Everglades improvement and management.—
1824 (2) DEFINITIONS.—As used in this section:
1825 (n) “Stormwater management program” shall have the meaning
1826 set forth in s. 403.031 s. 403.031(15).
1827 Section 23. Paragraph (c) of subsection (1) of section
1828 403.890, Florida Statutes, is amended to read:
1829 403.890 Water Protection and Sustainability Program.—
1830 (1) Revenues deposited into or appropriated to the Water
1831 Protection and Sustainability Program Trust Fund shall be
1832 distributed by the Department of Environmental Protection for
1833 the following purposes:
1834 (c) The water quality improvement wastewater grant program
1835 as provided in s. 403.0673.
1836 Section 24. Paragraph (b) of subsection (1) of section
1837 403.892, Florida Statutes, is amended to read:
1838 403.892 Incentives for the use of graywater technologies.—
1839 (1) As used in this section, the term:
1840 (b) “Graywater” has the same meaning as in s. 381.0065(2)
1841 s. 381.0065(2)(f).
1842 Section 25. Paragraphs (c) and (d) of subsection (2) of
1843 section 403.9301, Florida Statutes, are amended to read:
1844 403.9301 Wastewater services projections.—
1845 (2) As used in this section, the term:
1846 (c) “Treatment works” has the same meaning as provided in
1847 s. 403.031 s. 403.031(11).
1848 (d) “Wastewater services” means service to a sewerage
1849 system, as defined in s. 403.031 s. 403.031(9), or service to
1850 domestic wastewater treatment works.
1851 Section 26. Paragraphs (b) and (c) of subsection (2) of
1852 section 403.9302, Florida Statutes, are amended to read:
1853 403.9302 Stormwater management projections.—
1854 (2) As used in this section, the term:
1855 (b) “Stormwater management program” has the same meaning as
1856 provided in s. 403.031 s. 403.031(15).
1857 (c) “Stormwater management system” has the same meaning as
1858 provided in s. 403.031 s. 403.031(16).
1859 Section 27. For the purpose of incorporating the amendment
1860 made by this act to section 259.032, Florida Statutes, in a
1861 reference thereto, subsection (6) of section 259.045, Florida
1862 Statutes, is reenacted to read:
1863 259.045 Purchase of lands in areas of critical state
1864 concern; recommendations by department and land authorities.
1865 Within 45 days after the Administration Commission designates an
1866 area as an area of critical state concern under s. 380.05, and
1867 annually thereafter, the Department of Environmental Protection
1868 shall consider the recommendations of the state land planning
1869 agency pursuant to s. 380.05(1)(a) relating to purchase of lands
1870 within an area of critical state concern or lands outside an
1871 area of critical state concern that directly impact an area of
1872 critical state concern, which may include lands used to preserve
1873 and protect water supply, and shall make recommendations to the
1874 board with respect to the purchase of the fee or any lesser
1875 interest in any such lands that are:
1876 (6) Lands used to prevent or satisfy private property
1877 rights claims resulting from limitations imposed by the
1878 designation of an area of critical state concern if the
1879 acquisition of such lands fulfills a public purpose listed in s.
1880 259.032(2) or if the parcel is wholly or partially, at the time
1881 of acquisition, on one of the board’s approved acquisition lists
1882 established pursuant to this chapter. For the purposes of this
1883 subsection, if a parcel is estimated to be worth $500,000 or
1884 less and the director of the Division of State Lands finds that
1885 the cost of an outside appraisal is not justified, a comparable
1886 sales analysis, an appraisal prepared by the Division of State
1887 Lands, or other reasonably prudent procedures may be used by the
1888 Division of State Lands to estimate the value of the parcel,
1889 provided the public’s interest is reasonably protected.
1890
1891 The department, a local government, a special district, or a
1892 land authority within an area of critical state concern may make
1893 recommendations with respect to additional purchases which were
1894 not included in the state land planning agency recommendations.
1895 Section 28. The Legislature determines and declares that
1896 this act fulfills an important state interest.
1897 Section 29. This act shall take effect July 1, 2023.
1898
1899 ================= T I T L E A M E N D M E N T ================
1900 And the title is amended as follows:
1901 Delete everything before the enacting clause
1902 and insert:
1903 A bill to be entitled
1904 An act relating to environmental protection; amending
1905 s. 163.3177, F.S.; revising the required components of
1906 a local government comprehensive plan capital
1907 improvements element and general sanitary sewer, solid
1908 waste, drainage, potable water, and natural
1909 groundwater aquifer recharge element; making technical
1910 changes; requiring the update of comprehensive plans
1911 by a specified date; providing applicability; amending
1912 s. 253.025, F.S.; revising the real property purchase
1913 agreements that must be submitted to and approved by
1914 the Board of Trustees of the Internal Improvement
1915 Trust Fund; increasing the estimated threshold that a
1916 parcel to be acquired must meet before additional
1917 appraisals are required; amending s. 259.032, F.S.;
1918 authorizing the board to acquire interests in lands
1919 that complete certain linkages within the Florida
1920 wildlife corridor; conforming a provision to changes
1921 made by the act; making technical changes; creating s.
1922 373.469, F.S.; providing legislative findings and
1923 intent; defining terms; providing the components of
1924 the Indian River Lagoon Protection Program; requiring
1925 the department to evaluate and update the basin
1926 management action plans within the program at
1927 specified intervals; requiring the department, in
1928 coordination with specified entities, to identify and
1929 prioritize strategies and projects to achieve certain
1930 water quality standards and total maximum daily loads;
1931 requiring the department, in coordination with
1932 specified entities, to implement the Indian River
1933 Lagoon Watershed Research and Water Quality Monitoring
1934 Program for specified purposes; prohibiting the
1935 installation of new onsite sewage treatment and
1936 disposals systems beginning on a specified date under
1937 certain circumstances; requiring that commercial or
1938 residential properties with existing onsite sewage
1939 treatment and disposal systems be connected to central
1940 sewer or be upgraded to a certain system by a
1941 specified date; providing construction; authorizing
1942 the department and the governing boards of the St.
1943 Johns River Water Management District and the South
1944 Florida Water Management District to adopt rules;
1945 amending s. 373.501, F.S.; requiring, rather than
1946 authorizing, the department to transfer appropriated
1947 funds to the water management districts for specified
1948 purposes; requiring the districts to annually report
1949 to the department on the use of such funds; amending
1950 s. 373.802, F.S.; defining the term “enhanced
1951 nutrient-reducing onsite sewage treatment and disposal
1952 system”; amending s. 373.807, F.S.; conforming a
1953 cross-reference; revising requirements for onsite
1954 sewage treatment and disposal system remediation plans
1955 for springs; amending s. 373.811, F.S.; prohibiting
1956 new onsite sewage treatment and disposal systems
1957 within basin management action plans in effect for
1958 Outstanding Florida Springs under certain
1959 circumstances; authorizing the installation of
1960 enhanced or alternative systems for certain lots;
1961 amending s. 381.0065, F.S.; defining the term
1962 “enhanced nutrient-reducing onsite sewage treatment
1963 and disposal system”; amending s. 381.00655, F.S.;
1964 encouraging local governmental agencies that receive
1965 funding for connecting onsite sewage treatment and
1966 disposal systems to central sewer facilities to
1967 provide notice of the funding availability to certain
1968 owners of onsite sewage treatment and disposal systems
1969 and to maintain a website with certain information
1970 regarding the funding; reordering and amending s.
1971 403.031, F.S.; defining and revising terms; amending
1972 s. 403.067, F.S.; revising requirements for new or
1973 revised basin management action plans; requiring that
1974 basin management action plans include 5-year
1975 milestones for implementation; requiring certain
1976 entities to identify projects or strategies to meet
1977 such milestones; prohibiting the installation of new
1978 onsite sewage treatment and disposal systems within
1979 specified areas under certain circumstances; requiring
1980 the installation of enhanced or alternative systems
1981 for certain lots; revising requirements for a basin
1982 management action plan’s cooperative agricultural
1983 regional water quality improvement element; amending
1984 s. 403.0673, F.S.; renaming the wastewater grant
1985 program as the water quality improvement grant
1986 program; revising the purposes of the grant program;
1987 specifying the projects for which the department may
1988 provide grants under the program; requiring the
1989 department to prioritize certain projects; requiring
1990 the department to coordinate with each water
1991 management district to annually identify projects;
1992 requiring the department to coordinate with specified
1993 entities to identify projects; revising reporting
1994 requirements; amending s. 403.086, F.S.; revising the
1995 waters that sewage disposal facilities are prohibited
1996 from disposing wastes into; amending ss. 201.15,
1997 259.105, 373.019, 373.4132, 373.414, 373.4142,
1998 373.430, 373.4592, 403.890, 403.892, 403.9301, and
1999 403.9302, F.S.; conforming cross-references and
2000 provisions to changes made by the act; reenacting s.
2001 259.045(6), F.S., relating to the purchase of lands in
2002 areas of critical state concern, to incorporate the
2003 amendment made to s. 259.032, F.S., in a reference
2004 thereto; providing a declaration of important state
2005 interest; providing an effective date.