Florida Senate - 2023                                    SB 1632
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-01224B-23                                          20231632__
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; amending
    3         s. 163.3177, F.S.; revising the required components of
    4         a local government comprehensive plan capital
    5         improvements element and general sanitary sewer, solid
    6         waste, drainage, potable water, and natural
    7         groundwater aquifer recharge element; making technical
    8         changes; requiring the update of comprehensive plans
    9         by a specified date; providing applicability; amending
   10         s. 253.025, F.S.; revising the real property purchase
   11         agreements that must be submitted to and approved by
   12         the Board of Trustees of the Internal Improvement
   13         Trust Fund; increasing the estimated threshold that a
   14         parcel to be acquired must meet before additional
   15         appraisals are required; amending s. 259.032, F.S.;
   16         authorizing the board to acquire interests in lands
   17         that complete certain linkages within the Florida
   18         wildlife corridor; conforming a provision to changes
   19         made by the act; making technical changes; creating s.
   20         373.469, F.S.; providing legislative findings and
   21         intent; defining terms; providing the components of
   22         the Indian River Lagoon Protection Program; requiring
   23         the department to evaluate and update the basin
   24         management action plans within the program at
   25         specified intervals; requiring the department, in
   26         coordination with specified entities, to identify and
   27         prioritize strategies and projects to achieve certain
   28         water quality standards and total maximum daily loads;
   29         requiring the department, in coordination with
   30         specified entities, to implement the Indian River
   31         Lagoon Watershed Research and Water Quality Monitoring
   32         Program for specified purposes; prohibiting the
   33         installation of new onsite sewage treatment and
   34         disposals systems beginning on a specified date under
   35         certain circumstances; requiring that commercial or
   36         residential properties with existing onsite sewage
   37         treatment and disposal systems be connected to central
   38         sewer or be upgraded to a certain system by a
   39         specified date; providing construction; authorizing
   40         the department and the governing boards of the St.
   41         Johns River Water Management District and the South
   42         Florida Water Management District to adopt rules;
   43         amending s. 373.501, F.S.; requiring, rather than
   44         authorizing, the department to transfer appropriated
   45         funds to the water management districts for specified
   46         purposes; requiring the districts to annually report
   47         to the department on the use of such funds; amending
   48         s. 373.802, F.S.; defining the term “enhanced
   49         nutrient-reducing onsite sewage treatment and disposal
   50         system”; amending s. 373.807, F.S.; conforming a
   51         cross-reference; revising requirements for onsite
   52         sewage treatment and disposal system remediation plans
   53         for springs; amending s. 373.811, F.S.; prohibiting
   54         new onsite sewage treatment and disposal systems
   55         within basin management action plans in effect for
   56         Outstanding Florida Springs under certain
   57         circumstances; authorizing the installation of
   58         enhanced or alternative systems for certain lots;
   59         amending s. 381.0065, F.S.; defining the term
   60         “enhanced nutrient-reducing onsite sewage treatment
   61         and disposal system”; amending s. 381.00655, F.S.;
   62         encouraging local governmental agencies that receive
   63         funding for connecting onsite sewage treatment and
   64         disposal systems to central sewer facilities to
   65         provide notice of the funding availability to certain
   66         owners of onsite sewage treatment and disposal systems
   67         and to maintain a website with certain information
   68         regarding the funding; reordering and amending s.
   69         403.031, F.S.; defining and revising terms; amending
   70         s. 403.067, F.S.; revising requirements for new or
   71         revised basin management action plans; requiring that
   72         basin management action plans include 5-year
   73         milestones for implementation; requiring certain
   74         entities to identify projects or strategies to meet
   75         such milestones; prohibiting the installation of new
   76         onsite sewage treatment and disposal systems within
   77         specified areas under certain circumstances; requiring
   78         the installation of enhanced or alternative systems
   79         for certain lots; revising requirements for a basin
   80         management action plan’s cooperative agricultural
   81         regional water quality improvement element; amending
   82         s. 403.0673, F.S.; renaming the wastewater grant
   83         program as the water quality improvement grant
   84         program; revising the purposes of the grant program;
   85         specifying the projects for which the department may
   86         provide grants under the program; requiring the
   87         department to prioritize certain projects; requiring
   88         the department to coordinate with each water
   89         management district to annually identify projects;
   90         requiring the department to coordinate with specified
   91         entities to identify projects; revising reporting
   92         requirements; amending s. 403.086, F.S.; revising the
   93         waters that sewage disposal facilities are prohibited
   94         from disposing wastes into; amending ss. 201.15,
   95         259.105, 373.019, 373.4132, 373.414, 373.4142,
   96         373.430, 373.4592, 403.890, 403.892, 403.9301, and
   97         403.9302, F.S.; conforming cross-references and
   98         provisions to changes made by the act; reenacting s.
   99         259.045(6), F.S., relating to the purchase of lands in
  100         areas of critical state concern, to incorporate the
  101         amendment made to s. 259.032, F.S., in a reference
  102         thereto; providing a declaration of important state
  103         interest; providing an effective date.
  104          
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Paragraph (a) of subsection (3) and paragraph
  108  (c) of subsection (6) of section 163.3177, Florida Statutes, are
  109  amended to read:
  110         163.3177 Required and optional elements of comprehensive
  111  plan; studies and surveys.—
  112         (3)(a) The comprehensive plan must shall contain a capital
  113  improvements element designed to consider the need for and the
  114  location of public facilities in order to encourage the
  115  efficient use of such facilities and set forth all of the
  116  following:
  117         1. A component that outlines principles for construction,
  118  extension, or increase in capacity of public facilities, as well
  119  as a component that outlines principles for correcting existing
  120  public facility deficiencies, which are necessary to implement
  121  the comprehensive plan. The components must shall cover at least
  122  a 5-year period.
  123         2. Estimated public facility costs, including a delineation
  124  of when facilities will be needed, the general location of the
  125  facilities, and projected revenue sources to fund the
  126  facilities.
  127         3. Standards to ensure the availability of public
  128  facilities and the adequacy of those facilities to meet
  129  established acceptable levels of service.
  130         4. A schedule of capital improvements which includes any
  131  publicly funded projects of federal, state, or local government,
  132  and which may include privately funded projects for which the
  133  local government has no fiscal responsibility. Projects
  134  necessary to ensure that any adopted level-of-service standards
  135  are achieved and maintained for the 5-year period must be
  136  identified as either funded or unfunded and given a level of
  137  priority for funding.
  138         5. The schedule must:
  139         a. Include transportation improvements included in the
  140  applicable metropolitan planning organization’s transportation
  141  improvement program adopted pursuant to s. 339.175(8) to the
  142  extent that such improvements are relied upon to ensure
  143  concurrency and financial feasibility;.
  144         b.Where applicable, include a list of projects necessary
  145  to achieve the pollutant load reductions attributable to the
  146  local government, as established in a basin management action
  147  plan pursuant to s. 403.067(7); and
  148         c.The schedule must Be coordinated with the applicable
  149  metropolitan planning organization’s long-range transportation
  150  plan adopted pursuant to s. 339.175(7).
  151         (6) In addition to the requirements of subsections (1)-(5),
  152  the comprehensive plan shall include the following elements:
  153         (c) A general sanitary sewer, solid waste, drainage,
  154  potable water, and natural groundwater aquifer recharge element
  155  correlated to principles and guidelines for future land use,
  156  indicating ways to provide for future potable water, drainage,
  157  sanitary sewer, solid waste, and aquifer recharge protection
  158  requirements for the area. The element may be a detailed
  159  engineering plan including a topographic map depicting areas of
  160  prime groundwater recharge.
  161         1. Each local government shall address in the data and
  162  analyses required by this section those facilities that provide
  163  service within the local government’s jurisdiction. Local
  164  governments that provide facilities to serve areas within other
  165  local government jurisdictions shall also address those
  166  facilities in the data and analyses required by this section,
  167  using data from the comprehensive plan for those areas for the
  168  purpose of projecting facility needs as required in this
  169  subsection. For shared facilities, each local government shall
  170  indicate the proportional capacity of the systems allocated to
  171  serve its jurisdiction.
  172         2. The element must shall describe the problems and needs
  173  and the general facilities that will be required for solution of
  174  the problems and needs, including correcting existing facility
  175  deficiencies. The element must shall address coordinating the
  176  extension of, or increase in the capacity of, or upgrade in
  177  treatment of facilities to meet future needs; prioritizing
  178  advanced waste treatment while maximizing the use of existing
  179  facilities and discouraging urban sprawl; conserving potable
  180  water resources; and protecting the functions of natural
  181  groundwater recharge areas and natural drainage features.
  182         3. Within the local government’s jurisdiction, for any
  183  development of more than 50 residential lots, built or unbuilt,
  184  with more than 1 onsite sewage treatment and disposal system per
  185  1 acre, the element must include a plan to provide sanitary
  186  sewer services within a 10-year planning horizon. An onsite
  187  sewage treatment and disposal system is presumed to exist on a
  188  parcel if sanitary sewer services are not available at or
  189  adjacent to the parcel boundary. For such developments, the plan
  190  must identify the name and location of the intended wastewater
  191  facility to receive sanitary sewer flows after connection; the
  192  capacity of the facility and any associated transmission
  193  facilities; the projected wastewater flow at that facility for
  194  the next 20 years, inclusive of expected future new construction
  195  and connections of onsite sewage treatment and disposal systems
  196  to sanitary sewer; and a timeline for the construction of the
  197  sanitary sewer system. Each comprehensive plan must be updated
  198  to include this element by July 1, 2024. This subparagraph does
  199  not apply to a local government designated as a rural area of
  200  opportunity under s. 288.0656.
  201         4. Within 18 months after the governing board approves an
  202  updated regional water supply plan, the element must incorporate
  203  the alternative water supply project or projects selected by the
  204  local government from those identified in the regional water
  205  supply plan pursuant to s. 373.709(2)(a) or proposed by the
  206  local government under s. 373.709(8)(b). If a local government
  207  is located within two water management districts, the local
  208  government must shall adopt its comprehensive plan amendment
  209  within 18 months after the later updated regional water supply
  210  plan. The element must identify such alternative water supply
  211  projects and traditional water supply projects and conservation
  212  and reuse necessary to meet the water needs identified in s.
  213  373.709(2)(a) within the local government’s jurisdiction and
  214  include a work plan, covering at least a 10-year planning
  215  period, for building public, private, and regional water supply
  216  facilities, including development of alternative water supplies,
  217  which are identified in the element as necessary to serve
  218  existing and new development. The work plan must shall be
  219  updated, at a minimum, every 5 years within 18 months after the
  220  governing board of a water management district approves an
  221  updated regional water supply plan. Local governments, public
  222  and private utilities, regional water supply authorities,
  223  special districts, and water management districts are encouraged
  224  to cooperatively plan for the development of multijurisdictional
  225  water supply facilities that are sufficient to meet projected
  226  demands for established planning periods, including the
  227  development of alternative water sources to supplement
  228  traditional sources of groundwater and surface water supplies.
  229         5.4. A local government that does not own, operate, or
  230  maintain its own water supply facilities, including, but not
  231  limited to, wells, treatment facilities, and distribution
  232  infrastructure, and is served by a public water utility with a
  233  permitted allocation of greater than 300 million gallons per day
  234  is not required to amend its comprehensive plan in response to
  235  an updated regional water supply plan or to maintain a work plan
  236  if any such local government’s usage of water constitutes less
  237  than 1 percent of the public water utility’s total permitted
  238  allocation. However, any such local government shall is required
  239  to cooperate with, and provide relevant data to, any local
  240  government or utility provider that provides service within its
  241  jurisdiction, and shall to keep its general sanitary sewer,
  242  solid waste, potable water, and natural groundwater aquifer
  243  recharge element updated in accordance with s. 163.3191.
  244         Section 2. Subsection (4) and paragraph (b) of subsection
  245  (8) of section 253.025, Florida Statutes, are amended to read:
  246         253.025 Acquisition of state lands.—
  247         (4) An agreement to acquire real property for the purposes
  248  described in this chapter, chapter 259, chapter 260, or chapter
  249  375, title to which will vest in the board of trustees, may not
  250  bind the state before the agreement is reviewed and approved by
  251  the Department of Environmental Protection as complying with
  252  this section and any rules adopted pursuant to this section. If
  253  any of the following conditions exist, the agreement must shall
  254  be submitted to and approved by the board of trustees:
  255         (a) The purchase price agreed to by the seller exceeds the
  256  value as established pursuant to the rules of the board of
  257  trustees.;
  258         (b) The contract price agreed to by the seller and the
  259  acquiring agency exceeds $5 $1 million.;
  260         (c) The acquisition is the initial purchase in a Florida
  261  Forever project; or
  262         (d) Other conditions that the board of trustees may adopt
  263  by rule. Such conditions may include, but are not limited to,
  264  Florida Forever projects when title to the property being
  265  acquired is considered nonmarketable or is encumbered in such a
  266  way as to significantly affect its management.
  267  
  268  If approval of the board of trustees is required pursuant to
  269  this subsection, the acquiring agency must provide a
  270  justification as to why it is in the public’s interest to
  271  acquire the parcel or Florida Forever project. Approval of the
  272  board of trustees is also required for Florida Forever projects
  273  the department recommends acquiring pursuant to subsections (11)
  274  and (22). Review and approval of agreements for acquisitions for
  275  Florida Greenways and Trails Program properties pursuant to
  276  chapter 260 may be waived by the department in any contract with
  277  nonprofit corporations that have agreed to assist the department
  278  with this program. If the contribution of the acquiring agency
  279  exceeds $100 million in any one fiscal year, the agreement must
  280  shall be submitted to and approved by the Legislative Budget
  281  Commission.
  282         (8) Before approval by the board of trustees, or, when
  283  applicable, the Department of Environmental Protection, of any
  284  agreement to purchase land pursuant to this chapter, chapter
  285  259, chapter 260, or chapter 375, and before negotiations with
  286  the parcel owner to purchase any other land, title to which will
  287  vest in the board of trustees, an appraisal of the parcel shall
  288  be required as follows:
  289         (b) Each parcel to be acquired must shall have at least one
  290  appraisal. Two appraisals are required when the estimated value
  291  of the parcel exceeds $5 $1 million. However, if both appraisals
  292  exceed $5 $1 million and differ significantly, a third appraisal
  293  may be obtained. If a parcel is estimated to be worth $100,000
  294  or less and the director of the Division of State Lands finds
  295  that the cost of an outside appraisal is not justified, a
  296  comparable sales analysis, an appraisal prepared by the
  297  division, or other reasonably prudent procedures may be used by
  298  the division to estimate the value of the parcel, provided the
  299  public’s interest is reasonably protected. The state is not
  300  required to appraise the value of lands and appurtenances that
  301  are being donated to the state.
  302  
  303  Notwithstanding this subsection, on behalf of the board of
  304  trustees and before the appraisal of parcels approved for
  305  purchase under this chapter or chapter 259, the Secretary of
  306  Environmental Protection or the director of the Division of
  307  State Lands may enter into option contracts to buy such parcels.
  308  Any such option contract shall state that the final purchase
  309  price is subject to approval by the board of trustees or, if
  310  applicable, the Secretary of Environmental Protection, and that
  311  the final purchase price may not exceed the maximum offer
  312  allowed by law. Any such option contract presented to the board
  313  of trustees for final purchase price approval shall explicitly
  314  state that payment of the final purchase price is subject to an
  315  appropriation from the Legislature. The consideration for such
  316  an option may not exceed $1,000 or 0.01 percent of the estimate
  317  by the department of the value of the parcel, whichever amount
  318  is greater.
  319         Section 3. Subsections (2) and (7), paragraph (b) of
  320  subsection (8), and paragraph (d) of subsection (9) of section
  321  259.032, Florida Statutes, are amended to read:
  322         259.032 Conservation and recreation lands.—
  323         (2) The Governor and Cabinet, sitting as the Board of
  324  Trustees of the Internal Improvement Trust Fund, may expend
  325  moneys appropriated by the Legislature to acquire the fee or any
  326  lesser interest in lands for any of the following public
  327  purposes:
  328         (a) To conserve and protect environmentally unique and
  329  irreplaceable lands that contain native, relatively unaltered
  330  flora and fauna representing a natural area unique to, or scarce
  331  within, a region of this state or a larger geographic area.;
  332         (b) To conserve and protect lands within designated areas
  333  of critical state concern, if the proposed acquisition relates
  334  to the natural resource protection purposes of the designation.;
  335         (c) To conserve and protect native species habitat or
  336  endangered or threatened species, emphasizing long-term
  337  protection for endangered or threatened species designated G-1
  338  or G-2 by the Florida Natural Areas Inventory, and especially
  339  those areas that are special locations for breeding and
  340  reproduction.;
  341         (d) To conserve, protect, manage, or restore important
  342  ecosystems, landscapes, and forests, if the protection and
  343  conservation of such lands is necessary to enhance or protect
  344  significant surface water, groundwater, coastal, recreational,
  345  timber, or fish or wildlife resources which cannot otherwise be
  346  accomplished through local and state regulatory programs.;
  347         (e) To promote water resource development that benefits
  348  natural systems and citizens of the state.;
  349         (f) To facilitate the restoration and subsequent health and
  350  vitality of the Florida Everglades.;
  351         (g) To provide areas, including recreational trails, for
  352  natural resource-based recreation and other outdoor recreation
  353  on any part of any site compatible with conservation purposes.;
  354         (h) To preserve significant archaeological or historic
  355  sites.;
  356         (i) To conserve urban open spaces suitable for greenways or
  357  outdoor recreation which are compatible with conservation
  358  purposes.; or
  359         (j) To preserve agricultural lands under threat of
  360  conversion to development through less-than-fee acquisitions.
  361         (k) To complete critical linkages that will help preserve
  362  and protect this state’s green infrastructure and vital habitat
  363  for wide-ranging wildlife, such as the Florida panther, within
  364  the Florida wildlife corridor.
  365         (7)(a) All lands managed under this chapter and s. 253.034
  366  must shall be:
  367         1.(a) Managed in a manner that will provide the greatest
  368  combination of benefits to the public and to the resources.
  369         2.(b) Managed for public outdoor recreation which is
  370  compatible with the conservation and protection of public lands.
  371  Such management may include, but not be limited to, the
  372  following public recreational uses: fishing, hunting, camping,
  373  bicycling, hiking, nature study, swimming, boating, canoeing,
  374  horseback riding, diving, model hobbyist activities, birding,
  375  sailing, jogging, and other related outdoor activities.
  376         (b)(c) Concurrent with its adoption of the annual list of
  377  acquisition projects pursuant to s. 259.035, the board shall
  378  adopt a management prospectus for each project. The management
  379  prospectus shall delineate:
  380         1. The management goals for the property;
  381         2. The conditions that will affect the intensity of
  382  management;
  383         3. An estimate of the revenue-generating potential of the
  384  property, if appropriate;
  385         4. A timetable for implementing the various stages of
  386  management and for providing access to the public, if
  387  applicable;
  388         5. A description of potential multiple-use activities as
  389  described in this section and s. 253.034;
  390         6. Provisions for protecting existing infrastructure and
  391  for ensuring the security of the project upon acquisition;
  392         7. The anticipated costs of management and projected
  393  sources of revenue, including legislative appropriations, to
  394  fund management needs; and
  395         8. Recommendations as to how many employees will be needed
  396  to manage the property, and recommendations as to whether local
  397  governments, volunteer groups, the former landowner, or other
  398  interested parties can be involved in the management.
  399         (c)(d)Concurrent with the approval of the acquisition
  400  contract pursuant to s. 253.025(4)(c) For any interest in lands
  401  except those lands acquired pursuant to s. 259.1052, the board
  402  shall designate an agency or agencies to manage such lands. The
  403  board shall evaluate and amend, as appropriate, the management
  404  policy statement for the project as provided by s. 259.035 to
  405  ensure that the policy statement is compatible with
  406  conservation, recreation, or both. For any fee simple
  407  acquisition of a parcel which is or will be leased back for
  408  agricultural purposes, or any acquisition of a less than fee
  409  interest in land that is or will be used for agricultural
  410  purposes, the board shall first consider having a soil and water
  411  conservation district, created pursuant to chapter 582, manage
  412  and monitor such interests.
  413         (d)(e) State agencies designated to manage lands acquired
  414  under this chapter or with funds deposited into the Land
  415  Acquisition Trust Fund, except those lands acquired under s.
  416  259.1052, may contract with local governments and soil and water
  417  conservation districts to assist in management activities,
  418  including the responsibility of being the lead land manager.
  419  Such land management contracts may include a provision for the
  420  transfer of management funding to the local government or soil
  421  and water conservation district from the land acquisition trust
  422  fund of the lead land managing agency in an amount adequate for
  423  the local government or soil and water conservation district to
  424  perform its contractual land management responsibilities and
  425  proportionate to its responsibilities, and which otherwise would
  426  have been expended by the state agency to manage the property.
  427         (e)(f) Immediately following the acquisition of any
  428  interest in conservation and recreation lands, the department,
  429  acting on behalf of the board, may issue to the lead managing
  430  entity an interim assignment letter to be effective until the
  431  execution of a formal lease.
  432         (8)
  433         (b) Individual management plans required by s. 253.034(5),
  434  for parcels over 160 acres, shall be developed with input from
  435  an advisory group. Members of this advisory group shall include,
  436  at a minimum, representatives of the lead land managing agency,
  437  comanaging entities, local private property owners, the
  438  appropriate soil and water conservation district, a local
  439  conservation organization, and a local elected official. If
  440  habitat or potentially restorable habitat for imperiled species
  441  is located on state lands, the Fish and Wildlife Conservation
  442  Commission and the Department of Agriculture and Consumer
  443  Services shall be included on any advisory group required under
  444  chapter 253, and the short-term and long-term management goals
  445  required under chapter 253 must advance the goals and objectives
  446  of imperiled species management without restricting other uses
  447  identified in the management plan. The advisory group shall
  448  conduct at least one public hearing within the county in which
  449  the parcel or project is located. For those parcels or projects
  450  that are within more than one county, at least one areawide
  451  public hearing shall be acceptable and the lead managing agency
  452  shall invite a local elected official from each county. The
  453  areawide public hearing shall be held in the county in which the
  454  core parcels are located. Notice of such public hearing shall be
  455  posted on the parcel or project designated for management,
  456  advertised in a paper of general circulation, and announced at a
  457  scheduled meeting of the local governing body before the actual
  458  public hearing. The management prospectus required pursuant to
  459  paragraph (7)(b) (7)(c) shall be available to the public for a
  460  period of 30 days before the public hearing.
  461  
  462  By July 1 of each year, each governmental agency and each
  463  private entity designated to manage lands shall report to the
  464  Secretary of Environmental Protection on the progress of
  465  funding, staffing, and resource management of every project for
  466  which the agency or entity is responsible.
  467         (9)
  468         (d) Up to one-fifth of the funds appropriated for the
  469  purposes identified in paragraph (b) shall be reserved by the
  470  board for interim management of acquisitions and for associated
  471  contractual services, to ensure the conservation and protection
  472  of natural resources on project sites and to allow limited
  473  public recreational use of lands. Interim management activities
  474  may include, but not be limited to, resource assessments,
  475  control of invasive, nonnative species, habitat restoration,
  476  fencing, law enforcement, controlled burning, and public access
  477  consistent with preliminary determinations made pursuant to
  478  paragraph (7)(e) (7)(f). The board shall make these interim
  479  funds available immediately upon purchase.
  480         Section 4. Section 373.469, Florida Statutes, is created to
  481  read:
  482         373.469Indian River Lagoon Protection Program.—
  483         (1) FINDINGS AND INTENT.—
  484         (a) The Legislature finds that:
  485         1.The Indian River Lagoon is a critical water resource of
  486  this state which provides many economic, natural habitat, and
  487  biodiversity functions that benefit the public interest,
  488  including fishing, navigation, recreation, and habitat to
  489  endangered and threatened species and other flora and fauna.
  490         2.Among other causes, land use changes, onsite sewage
  491  treatment and disposal systems, aging infrastructure, stormwater
  492  runoff, agriculture, and residential fertilizer have resulted in
  493  excess nutrients entering the Indian River Lagoon and adversely
  494  impacting the lagoon’s water quality.
  495         3.Improvement to the hydrology, water quality, and
  496  associated aquatic habitats within the Indian River Lagoon is
  497  essential to the protection of the resource.
  498         4.It is imperative for the state, local governments, and
  499  agricultural and environmental communities to commit to
  500  restoring and protecting the surface water resources of the
  501  Indian River Lagoon, and a holistic approach to address these
  502  issues must be developed and implemented immediately.
  503         5.The expeditious implementation of the Banana River
  504  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  505  Basin Management Action Plan, North Indian River Lagoon Basin
  506  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  507  Plan are necessary to improve the quality of water in the Indian
  508  River Lagoon ecosystem and to provide a reasonable means of
  509  achieving the total maximum daily load requirements and
  510  achieving and maintaining compliance with state water quality
  511  standards.
  512         6.The implementation of the programs contained in this
  513  section will benefit the public health, safety, and welfare and
  514  is in the public interest.
  515         (b) The Legislature intends for this state to protect and
  516  restore surface water resources and achieve and maintain
  517  compliance with water quality standards in the Indian River
  518  Lagoon through the phased, comprehensive, and innovative
  519  protection program set forth in this section, including long
  520  term solutions based upon the total maximum daily loads
  521  established in accordance with s. 403.067. This program is
  522  watershed-based, provides for the consideration of all water
  523  quality issues needed to meet the total maximum daily load, and
  524  includes research and monitoring, development and implementation
  525  of best management practices, refinement of existing
  526  regulations, and structural and nonstructural projects,
  527  including public works. Best management practices for
  528  agricultural discharges must reflect a balance between water
  529  quality improvements and agricultural productivity.
  530         (2) DEFINITIONS.—As used in this section, the term:
  531         (a) “Best management practice” means a practice or
  532  combination of practices determined by the coordinating
  533  agencies, based on research, field-testing, and expert review,
  534  to be the most effective and practicable on-location means,
  535  including economic and technological considerations, for
  536  improving water quality in agricultural and urban discharges.
  537         (b) “Enhanced nutrient-reducing onsite sewage treatment and
  538  disposal system” means an onsite sewage treatment and disposal
  539  system approved by the department as capable of meeting or
  540  exceeding a 50 percent total nitrogen reduction before disposal
  541  of wastewater in the drainfield, or at least 65 percent total
  542  nitrogen reduction combined from onsite sewage tank or tanks and
  543  drainfield.
  544         (c)“Total maximum daily load” means the sum of the
  545  individual wasteload allocations for point sources and the load
  546  allocations for nonpoint sources and natural background adopted
  547  pursuant to s. 403.067. Before determining individual wasteload
  548  allocations and load allocations, the maximum amount of a
  549  pollutant that a water body or water segment can assimilate from
  550  all sources without exceeding water quality standards must first
  551  be calculated.
  552         (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
  553  River Lagoon Protection Program consists of the Banana River
  554  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  555  Basin Management Action Plan, North Indian River Lagoon Basin
  556  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  557  Plan, and such plans are the components of the Indian River
  558  Lagoon Protection Program which achieve phosphorous and nitrogen
  559  load reductions for the Indian River Lagoon.
  560         (a) Evaluation.—Every 5 years, the department shall
  561  evaluate and update the Banana River Lagoon Basin Management
  562  Action Plan, Central Indian River Lagoon Basin Management Action
  563  Plan, and North Indian River Lagoon Basin Management Action Plan
  564  and identify any further load reductions necessary to achieve
  565  compliance with the relevant total maximum daily loads
  566  established pursuant to s. 403.067. As provided in s.
  567  403.067(7)(a)6., such plans must include 5-year milestones for
  568  implementation and water quality improvement and a water quality
  569  monitoring component sufficient to evaluate whether reasonable
  570  progress in pollutant load reductions is being achieved over
  571  time.
  572         (b)Water quality standards and total maximum daily loads.
  573  The department, in coordination with the St. Johns River Water
  574  Management District, South Florida Water Management District,
  575  local governments, the Indian River Lagoon National Estuary
  576  Program, and other stakeholders, shall identify and prioritize
  577  strategies and projects necessary to achieve water quality
  578  standards within the Indian River Lagoon watershed and meet the
  579  total maximum daily loads. Projects identified from this
  580  evaluation must be incorporated into the Banana River Lagoon
  581  Basin Management Action Plan, Central Indian River Lagoon Basin
  582  Management Action Plan, North Indian River Lagoon Basin
  583  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  584  Plan, as appropriate.
  585         (c) Indian River Lagoon Watershed Research and Water
  586  Quality Monitoring Program.—The department, in coordination with
  587  the St. Johns River Water Management District, the South Florida
  588  Water Management District, and the Indian River Lagoon National
  589  Estuary Program, shall implement the Indian River Lagoon
  590  Watershed Research and Water Quality Monitoring Program to
  591  establish a comprehensive water quality monitoring network
  592  throughout the Indian River Lagoon and fund research pertaining
  593  to water quality, ecosystem restoration, and seagrass impacts
  594  and restoration. The department shall use the results from the
  595  program to prioritize projects and to make modifications to the
  596  Banana River Lagoon Basin Management Action Plan, Central Indian
  597  River Lagoon Basin Management Action Plan, North Indian River
  598  Lagoon Basin Management Action Plan, and Mosquito Lagoon
  599  Reasonable Assurance Plan, as appropriate.
  600         (d) Onsite sewage treatment and disposal systems.
  601         1.Beginning on January 1, 2024, unless previously
  602  permitted, the installation of new onsite sewage treatment and
  603  disposal systems is prohibited within the Banana River Lagoon
  604  Basin Management Action Plan, Central Indian River Lagoon Basin
  605  Management Action Plan, North Indian River Lagoon Basin
  606  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  607  Plan areas where a publicly owned or investor-owned sewerage
  608  system is available as defined in s. 381.0065(2)(a). For a new
  609  development where central sewerage is not available, only
  610  enhanced nutrient-reducing onsite sewage treatment and disposal
  611  systems or other wastewater treatment systems that achieve at
  612  least 50 percent nutrient reduction compared to a standard
  613  onsite sewage treatment and disposal system are authorized.
  614         2.By July 1, 2030, any commercial or residential property
  615  with an existing onsite sewage treatment and disposal system
  616  located within the Banana River Lagoon Basin Management Action
  617  Plan, Central Indian River Lagoon Basin Management Action Plan,
  618  North Indian River Lagoon Basin Management Action Plan, and
  619  Mosquito Lagoon Reasonable Assurance Plan areas must connect to
  620  central sewer if available or upgrade to an enhanced nutrient
  621  reducing onsite sewage treatment and disposal system or other
  622  wastewater treatment system that achieves at least 50 percent
  623  nutrient reduction compared to a standard onsite sewage
  624  treatment and disposal system.
  625         (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
  626  section may not be construed to modify any existing state water
  627  quality standard or to modify s. 403.067(6) and (7)(a).
  628         (5) PRESERVATION OF AUTHORITY.—This section may not be
  629  construed to restrict the authority otherwise granted to
  630  agencies pursuant to this chapter and chapter 403, and this
  631  section is supplemental to the authority granted to agencies
  632  pursuant to this chapter and chapter 403.
  633         (6) RULES.—The department and governing boards of the St.
  634  Johns River Water Management District and South Florida Water
  635  Management District may adopt rules pursuant to ss. 120.536(1)
  636  and 120.54 to implement this section.
  637         Section 5. Subsection (1) of section 373.501, Florida
  638  Statutes, is amended to read:
  639         373.501 Appropriation of funds to water management
  640  districts.—
  641         (1) The department shall transfer may allocate to the water
  642  management districts, from funds appropriated to the districts
  643  through the department in, such sums as may be deemed necessary
  644  to defray the costs of the administrative, regulatory, and other
  645  operational activities of the districts. The governing boards
  646  shall submit annual budget requests for such purposes to the
  647  department, and the department shall consider such budgets in
  648  preparing its budget request for the Legislature. The districts
  649  shall annually report to the department on the use of the funds.
  650         Section 6. Present subsections (2) through (8) of section
  651  373.802, Florida Statutes, are redesignated as subsections (3)
  652  through (9), respectively, and a new subsection (2) is added to
  653  that section, to read:
  654         373.802 Definitions.—As used in this part, the term:
  655         (2) “Enhanced nutrient-reducing onsite sewage treatment and
  656  disposal system” means an onsite sewage treatment and disposal
  657  system approved by the department as capable of meeting or
  658  exceeding a 50 percent total nitrogen reduction before disposal
  659  of wastewater in the drainfield, or at least 65 percent total
  660  nitrogen reduction combined from onsite sewage tank or tanks and
  661  drainfield.
  662         Section 7. Subsections (2) and (3) of section 373.807,
  663  Florida Statutes, are amended to read:
  664         373.807 Protection of water quality in Outstanding Florida
  665  Springs.—By July 1, 2016, the department shall initiate
  666  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  667  Springs or spring systems for which an impairment determination
  668  has not been made under the numeric nutrient standards in effect
  669  for spring vents. Assessments must be completed by July 1, 2018.
  670         (2) By July 1, 2017, each local government, as defined in
  671  s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
  672  pursuant to s. 403.9337, shall develop, enact, and implement an
  673  ordinance pursuant to that section. It is the intent of the
  674  Legislature that ordinances required to be adopted under this
  675  subsection reflect the latest scientific information,
  676  advancements, and technological improvements in the industry.
  677         (3) As part of a basin management action plan that includes
  678  an Outstanding Florida Spring, the department, relevant local
  679  governments, and relevant local public and private wastewater
  680  utilities shall develop an onsite sewage treatment and disposal
  681  system remediation plan for a spring if the department
  682  determines onsite sewage treatment and disposal systems within a
  683  basin management action plan priority focus area contribute at
  684  least 20 percent of nonpoint source nitrogen pollution or if the
  685  department determines remediation is necessary to achieve the
  686  total maximum daily load. The plan must shall identify cost
  687  effective and financially feasible projects necessary to reduce
  688  the nutrient impacts from onsite sewage treatment and disposal
  689  systems and shall be completed and adopted as part of the basin
  690  management action plan no later than the first 5-year milestone
  691  required by subparagraph (1)(b)8. The department is the lead
  692  agency in coordinating the preparation of and the adoption of
  693  the plan. The department shall:
  694         (a) Collect and evaluate credible scientific information on
  695  the effect of nutrients, particularly forms of nitrogen, on
  696  springs and springs systems; and
  697         (b) Develop a public education plan to provide area
  698  residents with reliable, understandable information about onsite
  699  sewage treatment and disposal systems and springs.
  700  
  701  In addition to the requirements in s. 403.067, the plan must
  702  shall include options for repair, upgrade, replacement,
  703  drainfield modification, addition of effective nitrogen reducing
  704  features, connection to a central sewerage system, or other
  705  action for an onsite sewage treatment and disposal system or
  706  group of systems within a basin management action plan priority
  707  focus area that contribute at least 20 percent of nonpoint
  708  source nitrogen pollution or if the department determines
  709  remediation is necessary to achieve a total maximum daily load.
  710  For these systems, the department shall include in the plan a
  711  priority ranking for each system or group of systems that
  712  requires remediation and shall award funds to implement the
  713  remediation projects contingent on an appropriation in the
  714  General Appropriations Act, which may include all or part of the
  715  costs necessary for repair, upgrade, replacement, drainfield
  716  modification, addition of effective nitrogen reducing features,
  717  initial connection to a central sewerage system, or other
  718  action. In awarding funds, the department may consider expected
  719  nutrient reduction benefit per unit cost, size and scope of
  720  project, relative local financial contribution to the project,
  721  and the financial impact on property owners and the community.
  722  The department may waive matching funding requirements for
  723  proposed projects within an area designated as a rural area of
  724  opportunity under s. 288.0656.
  725         Section 8. Section 373.811, Florida Statutes, is amended to
  726  read:
  727         373.811 Prohibited activities within a basin management
  728  action plan priority focus area.—The following activities are
  729  prohibited within a basin management action plan priority focus
  730  area in effect for an Outstanding Florida Spring:
  731         (1) New domestic wastewater disposal facilities, including
  732  rapid infiltration basins, with permitted capacities of 100,000
  733  gallons per day or more, except for those facilities that meet
  734  an advanced wastewater treatment standard of no more than 3 mg/l
  735  total nitrogen, expressed as N, on an annual permitted basis, or
  736  a more stringent treatment standard if the department determines
  737  the more stringent standard is necessary to attain a total
  738  maximum daily load for the Outstanding Florida Spring.
  739         (2) New onsite sewage treatment and disposal systems where
  740  connection to a publicly owned or investor-owned sewerage system
  741  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
  742  or less, if a publicly owned or investor-owned sewerage system
  743  is not available, only the installation of enhanced nutrient
  744  reducing onsite sewage treatment and disposal systems or other
  745  wastewater treatment systems that achieve at least 50 percent
  746  nutrient reduction compared to a standard onsite sewage
  747  treatment and disposal system are authorized on lots of less
  748  than 1 acre, if the addition of the specific systems conflicts
  749  with an onsite treatment and disposal system remediation plan
  750  incorporated into a basin management action plan in accordance
  751  with s. 373.807(3).
  752         (3) New facilities for the disposal of hazardous waste.
  753         (4) The land application of Class A or Class B domestic
  754  wastewater biosolids not in accordance with a department
  755  approved nutrient management plan establishing the rate at which
  756  all biosolids, soil amendments, and sources of nutrients at the
  757  land application site can be applied to the land for crop
  758  production while minimizing the amount of pollutants and
  759  nutrients discharged to groundwater or waters of the state.
  760         (5) New agriculture operations that do not implement best
  761  management practices, measures necessary to achieve pollution
  762  reduction levels established by the department, or groundwater
  763  monitoring plans approved by a water management district or the
  764  department.
  765         Section 9. Present paragraphs (f) through (r) of subsection
  766  (2) of section 381.0065, Florida Statutes, are redesignated as
  767  paragraphs (g) through (s), respectively, a new paragraph (f) is
  768  added to that subsection, and paragraph (n) of subsection (4) of
  769  that section is amended, to read:
  770         381.0065 Onsite sewage treatment and disposal systems;
  771  regulation.—
  772         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  773  term:
  774         (f) “Enhanced nutrient-reducing onsite sewage treatment and
  775  disposal system” means an onsite sewage treatment and disposal
  776  system approved by the department as capable of meeting or
  777  exceeding a 50 percent total nitrogen reduction before disposal
  778  of wastewater in the drainfield, or at least 65 percent total
  779  nitrogen reduction combined from onsite sewage tank or tanks and
  780  drainfield.
  781         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
  782  construct, repair, modify, abandon, or operate an onsite sewage
  783  treatment and disposal system without first obtaining a permit
  784  approved by the department. The department may issue permits to
  785  carry out this section, except that the issuance of a permit for
  786  work seaward of the coastal construction control line
  787  established under s. 161.053 is shall be contingent upon receipt
  788  of any required coastal construction control line permit from
  789  the department. A construction permit is valid for 18 months
  790  after the date of issuance and may be extended by the department
  791  for one 90-day period under rules adopted by the department. A
  792  repair permit is valid for 90 days after the date of issuance.
  793  An operating permit must be obtained before the use of any
  794  aerobic treatment unit or if the establishment generates
  795  commercial waste. Buildings or establishments that use an
  796  aerobic treatment unit or generate commercial waste shall be
  797  inspected by the department at least annually to assure
  798  compliance with the terms of the operating permit. The operating
  799  permit for a commercial wastewater system is valid for 1 year
  800  after the date of issuance and must be renewed annually. The
  801  operating permit for an aerobic treatment unit is valid for 2
  802  years after the date of issuance and must be renewed every 2
  803  years. If all information pertaining to the siting, location,
  804  and installation conditions or repair of an onsite sewage
  805  treatment and disposal system remains the same, a construction
  806  or repair permit for the onsite sewage treatment and disposal
  807  system may be transferred to another person, if the transferee
  808  files, within 60 days after the transfer of ownership, an
  809  amended application providing all corrected information and
  810  proof of ownership of the property. A fee is not associated with
  811  the processing of this supplemental information. A person may
  812  not contract to construct, modify, alter, repair, service,
  813  abandon, or maintain any portion of an onsite sewage treatment
  814  and disposal system without being registered under part III of
  815  chapter 489. A property owner who personally performs
  816  construction, maintenance, or repairs to a system serving his or
  817  her own owner-occupied single-family residence is exempt from
  818  registration requirements for performing such construction,
  819  maintenance, or repairs on that residence, but is subject to all
  820  permitting requirements. A municipality or political subdivision
  821  of the state may not issue a building or plumbing permit for any
  822  building that requires the use of an onsite sewage treatment and
  823  disposal system unless the owner or builder has received a
  824  construction permit for such system from the department. A
  825  building or structure may not be occupied and a municipality,
  826  political subdivision, or any state or federal agency may not
  827  authorize occupancy until the department approves the final
  828  installation of the onsite sewage treatment and disposal system.
  829  A municipality or political subdivision of the state may not
  830  approve any change in occupancy or tenancy of a building that
  831  uses an onsite sewage treatment and disposal system until the
  832  department has reviewed the use of the system with the proposed
  833  change, approved the change, and amended the operating permit.
  834         (n) Evaluations for determining the seasonal high-water
  835  table elevations or the suitability of soils for the use of a
  836  new onsite sewage treatment and disposal system shall be
  837  performed by department personnel, professional engineers
  838  registered in the state, or such other persons with expertise,
  839  as defined by rule, in making such evaluations. Evaluations for
  840  determining mean annual flood lines shall be performed by those
  841  persons identified in paragraph (2)(l) (2)(k). The department
  842  shall accept evaluations submitted by professional engineers and
  843  such other persons as meet the expertise established by this
  844  section or by rule unless the department has a reasonable
  845  scientific basis for questioning the accuracy or completeness of
  846  the evaluation.
  847         Section 10. Subsection (3) is added to section 381.00655,
  848  Florida Statutes, to read:
  849         381.00655 Connection of existing onsite sewage treatment
  850  and disposal systems to central sewerage system; requirements.—
  851         (3)Local governmental agencies, as defined in s.
  852  403.1835(2), that receive grants or loans from the department to
  853  offset the cost of connecting onsite sewage treatment and
  854  disposal systems to publicly owned or investor-owned sewerage
  855  systems are encouraged to do all of the following while such
  856  funds remain available:
  857         (a)Identify the owners of onsite sewage treatment and
  858  disposal systems within the jurisdiction of the respective local
  859  governmental agency who are eligible to apply for the grant or
  860  loan funds and notify such owners of the funding availability.
  861         (b) Maintain a publicly available website with information
  862  relating to the availability of the grant or loan funds,
  863  including the amount of funds available and information on how
  864  the owner of an onsite sewage treatment and disposal system may
  865  apply for such funds.
  866         Section 11. Section 403.031, Florida Statutes, is reordered
  867  and amended to read:
  868         403.031 Definitions.—In construing this chapter, or rules
  869  and regulations adopted pursuant hereto, the following words,
  870  phrases, or terms, unless the context otherwise indicates, have
  871  the following meanings:
  872         (1) “Contaminant” is any substance which is harmful to
  873  plant, animal, or human life.
  874         (2) “Department” means the Department of Environmental
  875  Protection.
  876         (3) “Effluent limitations” means any restriction
  877  established by the department on quantities, rates, or
  878  concentrations of chemical, physical, biological, or other
  879  constituents which are discharged from sources into waters of
  880  this the state.
  881         (5) “Enhanced nutrient-reducing onsite sewage treatment and
  882  disposal system” means an onsite sewage treatment and disposal
  883  system approved by the department as capable of meeting or
  884  exceeding a 50 percent total nitrogen reduction before disposal
  885  of wastewater in the drainfield, or at least 65 percent total
  886  nitrogen reduction combined from onsite sewage tank or tanks and
  887  drainfield.
  888         (6)(4) “Installation” means is any structure, equipment, or
  889  facility, or appurtenances thereto, or operation which may emit
  890  air or water contaminants in quantities prohibited by rules of
  891  the department.
  892         (7)“Nutrient or nutrient-related standards” means water
  893  quality standards and criteria established for nitrogen,
  894  phosphorous, chlorophyll-a, or dissolved oxygen when the
  895  causative pollutant has been identified as nitrogen or
  896  phosphorous.
  897         (8)Onsite sewage treatment and disposal system” means a
  898  system that contains a standard subsurface, filled, or mound
  899  drainfield system; an aerobic treatment unit; a graywater system
  900  tank; a laundry wastewater system tank; a septic tank; a grease
  901  interceptor; a pump tank; a solids or effluent pump; a
  902  waterless, incinerating, or organic waste-composting toilet; or
  903  a sanitary pit privy that is installed or proposed to be
  904  installed beyond the building sewer on land of the owner or on
  905  other land to which the owner has the legal right to install a
  906  system. The term includes any item placed within, or intended to
  907  be used as a part of or in conjunction with, the system. The
  908  term does not include package sewage treatment facilities and
  909  other treatment works regulated under chapter 403.
  910         (9)(5) “Person” means the state or any agency or
  911  institution thereof, the United States or any agency or
  912  institution thereof, or any municipality, political subdivision,
  913  public or private corporation, individual, partnership,
  914  association, or other entity and includes any officer or
  915  governing or managing body of the state, the United States, any
  916  agency, any municipality, political subdivision, or public or
  917  private corporation.
  918         (10)(6) “Plant” is any unit operation, complex, area, or
  919  multiple of unit operations that produce, process, or cause to
  920  be processed any materials, the processing of which can, or may,
  921  cause air or water pollution.
  922         (11)(7) “Pollution” is the presence in the outdoor
  923  atmosphere or waters of this the state of any substances,
  924  contaminants, noise, or manmade or human-induced impairment of
  925  air or waters or alteration of the chemical, physical,
  926  biological, or radiological integrity of air or water in
  927  quantities or at levels which are or may be potentially harmful
  928  or injurious to human health or welfare, animal or plant life,
  929  or property or which unreasonably interfere with the enjoyment
  930  of life or property, including outdoor recreation unless
  931  authorized by applicable law.
  932         (12)(8) “Pollution prevention” means the steps taken by a
  933  potential generator of contamination or pollution to eliminate
  934  or reduce the contamination or pollution before it is discharged
  935  into the environment. The term includes nonmandatory steps taken
  936  to use alternative forms of energy, conserve or reduce the use
  937  of energy, substitute nontoxic materials for toxic materials,
  938  conserve or reduce the use of toxic materials and raw materials,
  939  reformulate products, modify manufacturing or other processes,
  940  improve in-plant maintenance and operations, implement
  941  environmental planning before expanding a facility, and recycle
  942  toxic or other raw materials.
  943         (14)(9) “Sewerage system” means pipelines or conduits,
  944  pumping stations, and force mains and all other structures,
  945  devices, appurtenances, and facilities used for collecting or
  946  conducting wastes to an ultimate point for treatment or
  947  disposal.
  948         (15)(10) “Source” means is any and all points of origin of
  949  a contaminant the item defined in subsection (1), whether
  950  privately or publicly owned or operated.
  951         (21)(11) “Treatment works” and “disposal systems” mean any
  952  plant or other works used for the purpose of treating,
  953  stabilizing, or holding wastes.
  954         (22)(12) “Wastes” means sewage, industrial wastes, and all
  955  other liquid, gaseous, solid, radioactive, or other substances
  956  which may pollute or tend to pollute any waters of this the
  957  state.
  958         (23)(13) “Waters” include, but are not limited to, rivers,
  959  lakes, streams, springs, impoundments, wetlands, and all other
  960  waters or bodies of water, including fresh, brackish, saline,
  961  tidal, surface, or underground waters. Waters owned entirely by
  962  one person other than the state are included only in regard to
  963  possible discharge on other property or water. Underground
  964  waters include, but are not limited to, all underground waters
  965  passing through pores of rock or soils or flowing through in
  966  channels, whether manmade or natural. Solely for purposes of s.
  967  403.0885, waters of the state also include navigable waters or
  968  waters of the contiguous zone as used in s. 502 of the Clean
  969  Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
  970  existence on January 1, 1993, except for those navigable waters
  971  seaward of the boundaries of the state set forth in s. 1, Art.
  972  II of the State Constitution. Solely for purposes of this
  973  chapter, waters of this the state also include the area bounded
  974  by the following:
  975         (a) Commence at the intersection of State Road (SRD) 5
  976  (U.S. 1) and the county line dividing Miami-Dade and Monroe
  977  Counties, said point also being the mean high-water line of
  978  Florida Bay, located in section 4, township 60 south, range 39
  979  east of the Tallahassee Meridian for the point of beginning.
  980  From said point of beginning, thence run northwesterly along
  981  said SRD 5 to an intersection with the north line of section 18,
  982  township 58 south, range 39 east; thence run westerly to a point
  983  marking the southeast corner of section 12, township 58 south,
  984  range 37 east, said point also lying on the east boundary of the
  985  Everglades National Park; thence run north along the east
  986  boundary of the aforementioned Everglades National Park to a
  987  point marking the northeast corner of section 1, township 58
  988  south, range 37 east; thence run west along said park to a point
  989  marking the northwest corner of said section 1; thence run
  990  northerly along said park to a point marking the northwest
  991  corner of section 24, township 57 south, range 37 east; thence
  992  run westerly along the south lines of sections 14, 15, and 16 to
  993  the southwest corner of section 16; thence leaving the
  994  Everglades National Park boundary run northerly along the west
  995  line of section 16 to the northwest corner of section 16; thence
  996  east along the northerly line of section 16 to a point at the
  997  intersection of the east one-half and west one-half of section
  998  9; thence northerly along the line separating the east one-half
  999  and the west one-half of sections 9, 4, 33, and 28; thence run
 1000  easterly along the north line of section 28 to the northeast
 1001  corner of section 28; thence run northerly along the west line
 1002  of section 22 to the northwest corner of section 22; thence
 1003  easterly along the north line of section 22 to a point at the
 1004  intersection of the east one-half and west one-half of section
 1005  15; thence run northerly along said line to the point of
 1006  intersection with the north line of section 15; thence easterly
 1007  along the north line of section 15 to the northeast corner of
 1008  section 15; thence run northerly along the west lines of
 1009  sections 11 and 2 to the northwest corner of section 2; thence
 1010  run easterly along the north lines of sections 2 and 1 to the
 1011  northeast corner of section 1, township 56 south, range 37 east;
 1012  thence run north along the east line of section 36, township 55
 1013  south, range 37 east to the northeast corner of section 36;
 1014  thence run west along the north line of section 36 to the
 1015  northwest corner of section 36; thence run north along the west
 1016  line of section 25 to the northwest corner of section 25; thence
 1017  run west along the north line of section 26 to the northwest
 1018  corner of section 26; thence run north along the west line of
 1019  section 23 to the northwest corner of section 23; thence run
 1020  easterly along the north line of section 23 to the northeast
 1021  corner of section 23; thence run north along the west line of
 1022  section 13 to the northwest corner of section 13; thence run
 1023  east along the north line of section 13 to a point of
 1024  intersection with the west line of the southeast one-quarter of
 1025  section 12; thence run north along the west line of the
 1026  southeast one-quarter of section 12 to the northwest corner of
 1027  the southeast one-quarter of section 12; thence run east along
 1028  the north line of the southeast one-quarter of section 12 to the
 1029  point of intersection with the east line of section 12; thence
 1030  run east along the south line of the northwest one-quarter of
 1031  section 7 to the southeast corner of the northwest one-quarter
 1032  of section 7; thence run north along the east line of the
 1033  northwest one-quarter of section 7 to the point of intersection
 1034  with the north line of section 7; thence run northerly along the
 1035  west line of the southeast one-quarter of section 6 to the
 1036  northwest corner of the southeast one-quarter of section 6;
 1037  thence run east along the north lines of the southeast one
 1038  quarter of section 6 and the southwest one-quarter of section 5
 1039  to the northeast corner of the southwest one-quarter of section
 1040  5; thence run northerly along the east line of the northwest
 1041  one-quarter of section 5 to the point of intersection with the
 1042  north line of section 5; thence run northerly along the line
 1043  dividing the east one-half and the west one-half of Lot 5 to a
 1044  point intersecting the north line of Lot 5; thence run east
 1045  along the north line of Lot 5 to the northeast corner of Lot 5,
 1046  township 54 1/2 south, range 38 east; thence run north along the
 1047  west line of section 33, township 54 south, range 38 east to a
 1048  point intersecting the northwest corner of the southwest one
 1049  quarter of section 33; thence run easterly along the north line
 1050  of the southwest one-quarter of section 33 to the northeast
 1051  corner of the southwest one-quarter of section 33; thence run
 1052  north along the west line of the northeast one-quarter of
 1053  section 33 to a point intersecting the north line of section 33;
 1054  thence run easterly along the north line of section 33 to the
 1055  northeast corner of section 33; thence run northerly along the
 1056  west line of section 27 to a point intersecting the northwest
 1057  corner of the southwest one-quarter of section 27; thence run
 1058  easterly to the northeast corner of the southwest one-quarter of
 1059  section 27; thence run northerly along the west line of the
 1060  northeast one-quarter of section 27 to a point intersecting the
 1061  north line of section 27; thence run west along the north line
 1062  of section 27 to the northwest corner of section 27; thence run
 1063  north along the west lines of sections 22 and 15 to the
 1064  northwest corner of section 15; thence run easterly along the
 1065  north lines of sections 15 and 14 to the point of intersection
 1066  with the L-31N Levee, said intersection located near the
 1067  southeast corner of section 11, township 54 south, range 38
 1068  east; thence run northerly along Levee L-31N crossing SRD 90
 1069  (U.S. 41 Tamiami Trail) to an intersection common to Levees L
 1070  31N, L-29, and L-30, said intersection located near the
 1071  southeast corner of section 2, township 54 south, range 38 east;
 1072  thence run northeasterly, northerly, and northeasterly along
 1073  Levee L-30 to a point of intersection with the Miami
 1074  Dade/Broward Levee, said intersection located near the northeast
 1075  corner of section 17, township 52 south, range 39 east; thence
 1076  run due east to a point of intersection with SRD 27 (Krome
 1077  Ave.); thence run northeasterly along SRD 27 to an intersection
 1078  with SRD 25 (U.S. 27), said intersection located in section 3,
 1079  township 52 south, range 39 east; thence run northerly along
 1080  said SRD 25, entering into Broward County, to an intersection
 1081  with SRD 84 at Andytown; thence run southeasterly along the
 1082  aforementioned SRD 84 to an intersection with the southwesterly
 1083  prolongation of Levee L-35A, said intersection being located in
 1084  the northeast one-quarter of section 5, township 50 south, range
 1085  40 east; thence run northeasterly along Levee L-35A to an
 1086  intersection of Levee L-36, said intersection located near the
 1087  southeast corner of section 12, township 49 south, range 40
 1088  east; thence run northerly along Levee L-36, entering into Palm
 1089  Beach County, to an intersection common to said Levees L-36, L
 1090  39, and L-40, said intersection located near the west quarter
 1091  corner of section 19, township 47 south, range 41 east; thence
 1092  run northeasterly, easterly, and northerly along Levee L-40,
 1093  said Levee L-40 being the easterly boundary of the Loxahatchee
 1094  National Wildlife Refuge, to an intersection with SRD 80 (U.S.
 1095  441), said intersection located near the southeast corner of
 1096  section 32, township 43 south, range 40 east; thence run
 1097  westerly along the aforementioned SRD 80 to a point marking the
 1098  intersection of said road and the northeasterly prolongation of
 1099  Levee L-7, said Levee L-7 being the westerly boundary of the
 1100  Loxahatchee National Wildlife Refuge; thence run southwesterly
 1101  and southerly along said Levee L-7 to an intersection common to
 1102  Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
 1103  southwesterly along Levee L-6 to an intersection common to Levee
 1104  L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
 1105  located near the northwest corner of section 27, township 47
 1106  south, range 38 east; thence run westerly along the
 1107  aforementioned Levee L-5 to a point intersecting the east line
 1108  of range 36 east; thence run northerly along said range line to
 1109  a point marking the northeast corner of section 1, township 47
 1110  south, range 36 east; thence run westerly along the north line
 1111  of township 47 south, to an intersection with Levee L-23/24
 1112  (Miami Canal); thence run northwesterly along the Miami Canal
 1113  Levee to a point intersecting the north line of section 22,
 1114  township 46 south, range 35 east; thence run westerly to a point
 1115  marking the northwest corner of section 21, township 46 south,
 1116  range 35 east; thence run southerly to the southwest corner of
 1117  said section 21; thence run westerly to a point marking the
 1118  northwest corner of section 30, township 46 south, range 35
 1119  east, said point also being on the line dividing Palm Beach and
 1120  Hendry Counties; from said point, thence run southerly along
 1121  said county line to a point marking the intersection of Broward,
 1122  Hendry, and Collier Counties, said point also being the
 1123  northeast corner of section 1, township 49 south, range 34 east;
 1124  thence run westerly along the line dividing Hendry and Collier
 1125  Counties and continuing along the prolongation thereof to a
 1126  point marking the southwest corner of section 36, township 48
 1127  south, range 29 east; thence run southerly to a point marking
 1128  the southwest corner of section 12, township 49 south, range 29
 1129  east; thence run westerly to a point marking the southwest
 1130  corner of section 10, township 49 south, range 29 east; thence
 1131  run southerly to a point marking the southwest corner of section
 1132  15, township 49 south, range 29 east; thence run westerly to a
 1133  point marking the northwest corner of section 24, township 49
 1134  south, range 28 east, said point lying on the west boundary of
 1135  the Big Cypress Area of Critical State Concern as described in
 1136  rule 28-25.001, Florida Administrative Code; thence run
 1137  southerly along said boundary crossing SRD 84 (Alligator Alley)
 1138  to a point marking the southwest corner of section 24, township
 1139  50 south, range 28 east; thence leaving the aforementioned west
 1140  boundary of the Big Cypress Area of Critical State Concern run
 1141  easterly to a point marking the northeast corner of section 25,
 1142  township 50 south, range 28 east; thence run southerly along the
 1143  east line of range 28 east to a point lying approximately 0.15
 1144  miles south of the northeast corner of section 1, township 52
 1145  south, range 28 east; thence run southwesterly 2.4 miles more or
 1146  less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
 1147  said intersection lying 1.1 miles more or less west of the east
 1148  line of range 28 east; thence run northwesterly and westerly
 1149  along SRD 90 to an intersection with the west line of section
 1150  10, township 52 south, range 28 east; thence leaving SRD 90 run
 1151  southerly to a point marking the southwest corner of section 15,
 1152  township 52 south, range 28 east; thence run westerly crossing
 1153  the Faka Union Canal 0.6 miles more or less to a point; thence
 1154  run southerly and parallel to the Faka Union Canal to a point
 1155  located on the mean high-water line of Faka Union Bay; thence
 1156  run southeasterly along the mean high-water line of the various
 1157  bays, rivers, inlets, and streams to the point of beginning.
 1158         (b) The area bounded by the line described in paragraph (a)
 1159  generally includes those waters to be known as waters of the
 1160  state. The landward extent of these waters shall be determined
 1161  by the delineation methodology ratified in s. 373.4211. Any
 1162  waters which are outside the general boundary line described in
 1163  paragraph (a) but which are contiguous thereto by virtue of the
 1164  presence of a wetland, watercourse, or other surface water, as
 1165  determined by the delineation methodology ratified in s.
 1166  373.4211, shall be a part of this water body. Any areas within
 1167  the line described in paragraph (a) which are neither a wetland
 1168  nor surface water, as determined by the delineation methodology
 1169  ratified in s. 373.4211, shall be excluded therefrom. If the
 1170  Florida Environmental Regulation Commission designates the
 1171  waters within the boundaries an Outstanding Florida Water,
 1172  waters outside the boundaries may shall not be included as part
 1173  of such designation unless a hearing is held pursuant to notice
 1174  in each appropriate county and the boundaries of such lands are
 1175  specifically considered and described for such designation.
 1176         (16)(14) “State water resource implementation rule” means
 1177  the rule authorized by s. 373.036, which sets forth goals,
 1178  objectives, and guidance for the development and review of
 1179  programs, rules, and plans relating to water resources, based on
 1180  statutory policies and directives. The waters of this the state
 1181  are among its most basic resources. Such waters should be
 1182  managed to conserve and protect water resources and to realize
 1183  the full beneficial use of these resources.
 1184         (17)(15) “Stormwater management program” means the
 1185  institutional strategy for stormwater management, including
 1186  urban, agricultural, and other stormwater.
 1187         (18)(16) “Stormwater management system” means a system
 1188  which is designed and constructed or implemented to control
 1189  discharges that which are necessitated by rainfall events,
 1190  incorporating methods to collect, convey, store, absorb,
 1191  inhibit, treat, use, or reuse water to prevent or reduce
 1192  flooding, overdrainage, environmental degradation and water
 1193  pollution or otherwise affect the quantity and quality of
 1194  discharges from the system.
 1195         (19)(17) “Stormwater utility” means the funding of a
 1196  stormwater management program by assessing the cost of the
 1197  program to the beneficiaries based on their relative
 1198  contribution to its need. It is operated as a typical utility
 1199  which bills services regularly, similar to water and wastewater
 1200  services.
 1201         (24)(18) “Watershed” means the land area that which
 1202  contributes to the flow of water into a receiving body of water.
 1203         (13)(19) “Regulated air pollutant” means any pollutant
 1204  regulated under the federal Clean Air Act.
 1205         (4)(20) “Electrical power plant” means, for purposes of
 1206  this part of this chapter, any electrical generating facility
 1207  that uses any process or fuel and that is owned or operated by
 1208  an electric utility, as defined in s. 403.503(14), and includes
 1209  any associated facility that directly supports the operation of
 1210  the electrical power plant.
 1211         (20)(21) “Total maximum daily load” is defined as the sum
 1212  of the individual wasteload allocations for point sources and
 1213  the load allocations for nonpoint sources and natural
 1214  background. Prior to determining individual wasteload
 1215  allocations and load allocations, the maximum amount of a
 1216  pollutant that a water body or water segment can assimilate from
 1217  all sources without exceeding water quality standards must first
 1218  be calculated.
 1219         Section 12. Paragraphs (a) and (e) of subsection (7) of
 1220  section 403.067, Florida Statutes, are amended to read:
 1221         403.067 Establishment and implementation of total maximum
 1222  daily loads.—
 1223         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1224  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1225         (a) Basin management action plans.—
 1226         1. In developing and implementing the total maximum daily
 1227  load for a water body, the department, or the department in
 1228  conjunction with a water management district, may develop a
 1229  basin management action plan that addresses some or all of the
 1230  watersheds and basins tributary to the water body. Such plan
 1231  must integrate the appropriate management strategies available
 1232  to the state through existing water quality protection programs
 1233  to achieve the total maximum daily loads and may provide for
 1234  phased implementation of these management strategies to promote
 1235  timely, cost-effective actions as provided for in s. 403.151.
 1236  The plan must establish a schedule implementing the management
 1237  strategies, establish a basis for evaluating the plan’s
 1238  effectiveness, and identify feasible funding strategies for
 1239  implementing the plan’s management strategies. The management
 1240  strategies may include regional treatment systems or other
 1241  public works, when appropriate, and voluntary trading of water
 1242  quality credits to achieve the needed pollutant load reductions.
 1243         2. A basin management action plan must equitably allocate,
 1244  pursuant to paragraph (6)(b), pollutant reductions to individual
 1245  basins, as a whole to all basins, or to each identified point
 1246  source or category of nonpoint sources, as appropriate. For
 1247  nonpoint sources for which best management practices have been
 1248  adopted, the initial requirement specified by the plan must be
 1249  those practices developed pursuant to paragraph (c). When
 1250  appropriate, the plan may take into account the benefits of
 1251  pollutant load reduction achieved by point or nonpoint sources
 1252  that have implemented management strategies to reduce pollutant
 1253  loads, including best management practices, before the
 1254  development of the basin management action plan. The plan must
 1255  also identify the mechanisms that will address potential future
 1256  increases in pollutant loading.
 1257         3. The basin management action planning process is intended
 1258  to involve the broadest possible range of interested parties,
 1259  with the objective of encouraging the greatest amount of
 1260  cooperation and consensus possible. In developing a basin
 1261  management action plan, the department shall assure that key
 1262  stakeholders, including, but not limited to, applicable local
 1263  governments, water management districts, the Department of
 1264  Agriculture and Consumer Services, other appropriate state
 1265  agencies, local soil and water conservation districts,
 1266  environmental groups, regulated interests, and affected
 1267  pollution sources, are invited to participate in the process.
 1268  The department shall hold at least one public meeting in the
 1269  vicinity of the watershed or basin to discuss and receive
 1270  comments during the planning process and shall otherwise
 1271  encourage public participation to the greatest practicable
 1272  extent. Notice of the public meeting must be published in a
 1273  newspaper of general circulation in each county in which the
 1274  watershed or basin lies at least 5 days, but not more than 15
 1275  days, before the public meeting. A basin management action plan
 1276  does not supplant or otherwise alter any assessment made under
 1277  subsection (3) or subsection (4) or any calculation or initial
 1278  allocation.
 1279         4. Each new or revised basin management action plan must
 1280  shall include all of the following:
 1281         a. The appropriate management strategies available through
 1282  existing water quality protection programs to achieve total
 1283  maximum daily loads, which may provide for phased implementation
 1284  to promote timely, cost-effective actions as provided for in s.
 1285  403.151.;
 1286         b. A description of best management practices adopted by
 1287  rule.;
 1288         c. For the applicable 5-year implementation milestone, a
 1289  list of projects that will achieve the pollutant load reductions
 1290  needed to meet the total maximum daily load or the load
 1291  allocations established pursuant to subsection (6). Each project
 1292  must include a planning-level cost estimate and an estimated
 1293  date of completion. A list of projects in priority ranking with
 1294  a planning-level cost estimate and estimated date of completion
 1295  for each listed project;
 1296         d.A list of projects developed pursuant to paragraph (e),
 1297  if applicable.
 1298         e.d. The source and amount of financial assistance to be
 1299  made available by the department, a water management district,
 1300  or other entity for each listed project, if applicable.; and
 1301         f.e. A planning-level estimate of each listed project’s
 1302  expected load reduction, if applicable.
 1303         5. The department shall adopt all or any part of a basin
 1304  management action plan and any amendment to such plan by
 1305  secretarial order pursuant to chapter 120 to implement this
 1306  section.
 1307         6. The basin management action plan must include 5-year
 1308  milestones for implementation and water quality improvement, and
 1309  an associated water quality monitoring component sufficient to
 1310  evaluate whether reasonable progress in pollutant load
 1311  reductions is being achieved over time. An assessment of
 1312  progress toward these milestones shall be conducted every 5
 1313  years, and revisions to the plan shall be made as appropriate.
 1314  Any entity with a specific pollutant load reduction requirement
 1315  established in a basin management action plan shall identify the
 1316  projects or strategies that such entity will undertake to meet
 1317  current 5-year pollution reduction milestones, beginning with
 1318  the first 5-year milestone for new basin management action
 1319  plans, and submit such projects to the department for inclusion
 1320  in the appropriate basin management action plan. Each project
 1321  identified must include an estimated amount of nutrient
 1322  reduction that is reasonably expected to be achieved based on
 1323  the best scientific information available. Revisions to the
 1324  basin management action plan shall be made by the department in
 1325  cooperation with basin stakeholders. Revisions to the management
 1326  strategies required for nonpoint sources must follow the
 1327  procedures in subparagraph (c)4. Revised basin management action
 1328  plans must be adopted pursuant to subparagraph 5.
 1329         7. In accordance with procedures adopted by rule under
 1330  paragraph (9)(c), basin management action plans, and other
 1331  pollution control programs under local, state, or federal
 1332  authority as provided in subsection (4), may allow point or
 1333  nonpoint sources that will achieve greater pollutant reductions
 1334  than required by an adopted total maximum daily load or
 1335  wasteload allocation to generate, register, and trade water
 1336  quality credits for the excess reductions to enable other
 1337  sources to achieve their allocation; however, the generation of
 1338  water quality credits does not remove the obligation of a source
 1339  or activity to meet applicable technology requirements or
 1340  adopted best management practices. Such plans must allow trading
 1341  between NPDES permittees, and trading that may or may not
 1342  involve NPDES permittees, where the generation or use of the
 1343  credits involve an entity or activity not subject to department
 1344  water discharge permits whose owner voluntarily elects to obtain
 1345  department authorization for the generation and sale of credits.
 1346         8. The department’s rule relating to the equitable
 1347  abatement of pollutants into surface waters do not apply to
 1348  water bodies or water body segments for which a basin management
 1349  plan that takes into account future new or expanded activities
 1350  or discharges has been adopted under this section.
 1351         9. In order to promote resilient wastewater utilities, if
 1352  the department identifies domestic wastewater treatment
 1353  facilities or onsite sewage treatment and disposal systems as
 1354  contributors of at least 20 percent of point source or nonpoint
 1355  source nutrient pollution or if the department determines
 1356  remediation is necessary to achieve the total maximum daily
 1357  load, a basin management action plan for a nutrient total
 1358  maximum daily load must include the following:
 1359         a. A wastewater treatment plan developed by each local
 1360  government, in cooperation with the department, the water
 1361  management district, and the public and private domestic
 1362  wastewater treatment facilities within the jurisdiction of the
 1363  local government, that addresses domestic wastewater. The
 1364  wastewater treatment plan must:
 1365         (I) Provide for construction, expansion, or upgrades
 1366  necessary to achieve the total maximum daily load requirements
 1367  applicable to the domestic wastewater treatment facility.
 1368         (II) Include the permitted capacity in average annual
 1369  gallons per day for the domestic wastewater treatment facility;
 1370  the average nutrient concentration and the estimated average
 1371  nutrient load of the domestic wastewater; a projected timeline
 1372  of the dates by which the construction of any facility
 1373  improvements will begin and be completed and the date by which
 1374  operations of the improved facility will begin; the estimated
 1375  cost of the improvements; and the identity of responsible
 1376  parties.
 1377  
 1378  The wastewater treatment plan must be adopted as part of the
 1379  basin management action plan no later than July 1, 2025. A local
 1380  government that does not have a domestic wastewater treatment
 1381  facility in its jurisdiction is not required to develop a
 1382  wastewater treatment plan unless there is a demonstrated need to
 1383  establish a domestic wastewater treatment facility within its
 1384  jurisdiction to improve water quality necessary to achieve a
 1385  total maximum daily load. A local government is not responsible
 1386  for a private domestic wastewater facility’s compliance with a
 1387  basin management action plan unless such facility is operated
 1388  through a public-private partnership to which the local
 1389  government is a party.
 1390         b. An onsite sewage treatment and disposal system
 1391  remediation plan developed by each local government in
 1392  cooperation with the department, the Department of Health, water
 1393  management districts, and public and private domestic wastewater
 1394  treatment facilities.
 1395         (I) The onsite sewage treatment and disposal system
 1396  remediation plan must identify cost-effective and financially
 1397  feasible projects necessary to achieve the nutrient load
 1398  reductions required for onsite sewage treatment and disposal
 1399  systems. To identify cost-effective and financially feasible
 1400  projects for remediation of onsite sewage treatment and disposal
 1401  systems, the local government shall:
 1402         (A) Include an inventory of onsite sewage treatment and
 1403  disposal systems based on the best information available;
 1404         (B) Identify onsite sewage treatment and disposal systems
 1405  that would be eliminated through connection to existing or
 1406  future central domestic wastewater infrastructure in the
 1407  jurisdiction or domestic wastewater service area of the local
 1408  government, that would be replaced with or upgraded to enhanced
 1409  nutrient-reducing onsite sewage treatment and disposal systems,
 1410  or that would remain on conventional onsite sewage treatment and
 1411  disposal systems;
 1412         (C) Estimate the costs of potential onsite sewage treatment
 1413  and disposal system connections, upgrades, or replacements; and
 1414         (D) Identify deadlines and interim milestones for the
 1415  planning, design, and construction of projects.
 1416         (II) The department shall adopt the onsite sewage treatment
 1417  and disposal system remediation plan as part of the basin
 1418  management action plan no later than July 1, 2025, or as
 1419  required for Outstanding Florida Springs under s. 373.807.
 1420         10. The installation of new onsite sewage treatment and
 1421  disposal systems constructed within a basin management action
 1422  plan area adopted under this section, a reasonable assurance
 1423  plan, or a pollution reduction plan is prohibited where
 1424  connection to a publicly owned or investor-owned sewerage system
 1425  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1426  or less within a basin management action plan adopted under this
 1427  section, a reasonable assurance plan, or a pollution reduction
 1428  plan where a publicly owned or investor-owned sewerage system is
 1429  not available, the installation of enhanced nutrient-reducing
 1430  onsite sewage treatment and disposal systems or other wastewater
 1431  treatment systems that achieve at least 50 percent nutrient
 1432  reduction compared to a standard onsite sewage treatment and
 1433  disposal system is required.
 1434         11.10. When identifying wastewater projects in a basin
 1435  management action plan, the department may not require the
 1436  higher cost option if it achieves the same nutrient load
 1437  reduction as a lower cost option. A regulated entity may choose
 1438  a different cost option if it complies with the pollutant
 1439  reduction requirements of an adopted total maximum daily load
 1440  and meets or exceeds the pollution reduction requirement of the
 1441  original project.
 1442         12.Annually, local governments subject to a basin
 1443  management action plan or located within the basin of a water
 1444  body not attaining nutrient or nutrient-related standards must
 1445  provide to the department an update on the status of
 1446  construction of sanitary sewers to serve such areas, in a manner
 1447  prescribed by the department.
 1448         (e) Cooperative agricultural regional water quality
 1449  improvement element.—
 1450         1. The department and, the Department of Agriculture and
 1451  Consumer Services, in cooperation with and owners of
 1452  agricultural operations in the basin, shall develop a
 1453  cooperative agricultural regional water quality improvement
 1454  element as part of a basin management action plan where only if:
 1455         a. Agricultural measures have been adopted by the
 1456  Department of Agriculture and Consumer Services pursuant to
 1457  subparagraph (c)2. and have been implemented and the water body
 1458  remains impaired;
 1459         b. Agricultural nonpoint sources contribute to at least 20
 1460  percent of nonpoint source nutrient discharges; or and
 1461         b.c. The department determines that additional measures, in
 1462  combination with state-sponsored regional projects and other
 1463  management strategies included in the basin management action
 1464  plan, are necessary to achieve the total maximum daily load.
 1465         2. The element will be implemented through the use of cost
 1466  sharing projects and. The element must include a list of
 1467  regional nutrient reduction projects submitted to the department
 1468  by the Department of Agriculture and Consumer Services which
 1469  will achieve the needed pollutant load reductions established
 1470  for agricultural nonpoint sources cost-effective and technically
 1471  and financially practical cooperative regional agricultural
 1472  nutrient reduction projects that can be implemented on private
 1473  properties on a site-specific, cooperative basis. Such
 1474  cooperative regional agricultural nutrient reduction projects
 1475  may include land acquisition in fee or conservation easements on
 1476  the lands of willing sellers and site-specific water quality
 1477  improvement or dispersed water management projects. The list of
 1478  regional projects included in the cooperative agricultural
 1479  regional water quality improvement element must include a cost
 1480  estimate of each project along with the estimated amount of
 1481  nutrient reduction that such project will achieve on the lands
 1482  of project participants.
 1483         3. To qualify for participation in the cooperative
 1484  agricultural regional water quality improvement element, the
 1485  participant must have already implemented and be in compliance
 1486  with best management practices or other measures adopted by the
 1487  Department of Agriculture and Consumer Services pursuant to
 1488  subparagraph (c)2. The element must may be included in the basin
 1489  management action plan as a part of the next 5-year assessment
 1490  under subparagraph (a)6.
 1491         4. The department or the Department of Agriculture and
 1492  Consumer Services may submit a legislative budget request to
 1493  fund projects developed pursuant to this paragraph. In
 1494  allocating funds for projects funded pursuant to this paragraph,
 1495  the department shall provide at least 20 percent of its annual
 1496  appropriation for projects in subbasins with the highest
 1497  nutrient concentrations within a basin management action plan.
 1498  Projects submitted pursuant to this paragraph are eligible for
 1499  funding in accordance with s. 403.0673.
 1500         Section 13. Section 403.0673, Florida Statutes, is amended
 1501  to read:
 1502         403.0673 Water quality improvement Wastewater grant
 1503  program.—A wastewater grant program is established within the
 1504  Department of Environmental Protection to address wastewater,
 1505  stormwater, and agricultural sources of nutrient loading to
 1506  surface water or groundwater.
 1507         (1) The purpose of the grant program is to fund projects
 1508  that will improve the quality of those waters located Subject to
 1509  the appropriation of funds by the Legislature, the department
 1510  may provide grants for the following projects within a basin
 1511  management action plan, a reasonable assurance plan an
 1512  alternative restoration plan adopted by final order, an accepted
 1513  alternative restoration plan, or a rural area of opportunity
 1514  under s. 288.0656, an area with an established total maximum
 1515  daily load, or an area with a water body impaired for nutrient
 1516  or nutrient-related standards.
 1517         (2) The department may provide grants for all of the
 1518  following types of projects:
 1519         (a)Connecting onsite sewage treatment and disposal systems
 1520  to central sewer facilities.
 1521         (b)Upgrading domestic wastewater treatment facilities to
 1522  advanced waste treatment or greater.
 1523         (c)Repairing, upgrading, expanding, or constructing
 1524  stormwater treatment facilities that result in improvements to
 1525  surface water or groundwater quality.
 1526         (d)Repairing, upgrading, expanding, or constructing
 1527  domestic wastewater treatment facilities that result in
 1528  improvements to surface water or groundwater quality, including
 1529  domestic wastewater reuse and collection systems.
 1530         (e)Projects identified pursuant to s. 403.067(7)(a) or
 1531  (7)(e).
 1532         (f)Projects identified in a wastewater treatment plan or
 1533  an onsite sewage treatment and disposal system remediation plan
 1534  developed pursuant to s. 403.067(7)(a)9.a. and b.
 1535         (g)Projects listed in a city or county capital improvement
 1536  element pursuant to s. 163.3177(3)(a)4.b.
 1537         (h)Retrofitting onsite sewage treatment and disposal
 1538  systems to upgrade such systems to enhanced nutrient-reducing
 1539  onsite sewage treatment and disposal systems where central
 1540  sewerage is unavailable which will individually or collectively
 1541  reduce excess nutrient pollution:
 1542         (a) Projects to retrofit onsite sewage treatment and
 1543  disposal systems to upgrade such systems to enhanced nutrient
 1544  reducing onsite sewage treatment and disposal systems.
 1545         (b) Projects to construct, upgrade, or expand facilities to
 1546  provide advanced waste treatment, as defined in s. 403.086(4).
 1547         (c) Projects to connect onsite sewage treatment and
 1548  disposal systems to central sewer facilities.
 1549         (3)(2)In allocating such funds, priority must be given to
 1550  projects that subsidize the connection of onsite sewage
 1551  treatment and disposal systems to wastewater treatment
 1552  facilities. First priority must be given to subsidize the
 1553  connection of onsite sewage treatment and disposal systems to
 1554  existing infrastructure. Second priority must be given to any
 1555  expansion of a collection or transmission system that promotes
 1556  efficiency by planning the installation of wastewater
 1557  transmission facilities to be constructed concurrently with
 1558  other construction projects occurring within or along a
 1559  transportation facility right-of-way. Third priority must be
 1560  given to all other connections of onsite sewage treatment and
 1561  disposal systems to wastewater treatment facilities. The
 1562  department shall consider and prioritize those projects that
 1563  have the maximum estimated reduction in nutrient load per
 1564  project; demonstrate project readiness; are cost-effective,
 1565  including the percent cost-share identified by the applicant,
 1566  except for rural areas of opportunity; provide an the cost
 1567  effectiveness of the project; the overall environmental benefit,
 1568  including any projected water savings associated with reclaimed
 1569  water use; and are in of a project; the location where
 1570  reductions are most needed of a project; the availability of
 1571  local matching funds; and projected water savings or quantity
 1572  improvements associated with a project.
 1573         (3) Each grant for a project described in subsection (1)
 1574  must require a minimum of a 50-percent local match of funds.
 1575  However, the department may, at its discretion, waive, in whole
 1576  or in part, this consideration of the local contribution for
 1577  proposed projects within an area designated as a rural area of
 1578  opportunity under s. 288.0656.
 1579         (4) The department shall coordinate annually with each
 1580  water management district, as necessary, to identify potential
 1581  projects grant recipients in each district.
 1582         (5) The department shall coordinate with local governments
 1583  and stakeholders to identify the most effective and beneficial
 1584  water quality improvement projects.
 1585         (6) Beginning January 1, 2024 2021, and each January 1
 1586  thereafter, the department shall submit a report regarding the
 1587  projects funded pursuant to this section to the Governor, the
 1588  President of the Senate, and the Speaker of the House of
 1589  Representatives.
 1590         Section 14. Paragraph (c) of subsection (1) of section
 1591  403.086, Florida Statutes, is amended to read:
 1592         403.086 Sewage disposal facilities; advanced and secondary
 1593  waste treatment.—
 1594         (1)
 1595         (c)1. Notwithstanding this chapter or chapter 373, sewage
 1596  disposal facilities may not dispose of any wastes into the
 1597  following waters without providing advanced waste treatment, as
 1598  defined in subsection (4), as approved by the department or a
 1599  more stringent treatment standard if the department determines
 1600  the more stringent standard is necessary to achieve the total
 1601  maximum daily load or applicable water quality criteria:
 1602         a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega
 1603  Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
 1604  Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay,
 1605  Biscayne Bay, or any river, stream, channel, canal, bay, bayou,
 1606  sound, or other water tributary thereto.,
 1607         b. Beginning July 1, 2025, Indian River Lagoon, or into any
 1608  river, stream, channel, canal, bay, bayou, sound, or other water
 1609  tributary thereto.
 1610         c.By January 1, 2033, water bodies that are currently
 1611  impaired for nutrient or nutrient-related standards or that are
 1612  subject to a nutrient or nutrient-related basin management
 1613  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1614  assurance plan.
 1615         2.For any water body impaired for nutrient or nutrient
 1616  related standards after July 1, 2023, or subject to a nutrient
 1617  or nutrient-related basin management action plan adopted
 1618  pursuant to s. 403.067 or adopted reasonable assurance plan
 1619  after July 1, 2023, sewage disposal facilities are prohibited
 1620  from disposing any wastes into such waters without providing
 1621  advanced waste treatment, as defined in subsection (4), as
 1622  approved by the department within 10 years after such
 1623  determination or adoption, without providing advanced waste
 1624  treatment, as defined in subsection (4), approved by the
 1625  department. This paragraph does not apply to facilities which
 1626  were permitted by February 1, 1987, and which discharge
 1627  secondary treated effluent, followed by water hyacinth
 1628  treatment, to tributaries of tributaries of the named waters; or
 1629  to facilities permitted to discharge to the nontidally
 1630  influenced portions of the Peace River.
 1631         Section 15. Paragraph (h) of subsection (4) of section
 1632  201.15, Florida Statutes, is amended to read:
 1633         201.15 Distribution of taxes collected.—All taxes collected
 1634  under this chapter are hereby pledged and shall be first made
 1635  available to make payments when due on bonds issued pursuant to
 1636  s. 215.618 or s. 215.619, or any other bonds authorized to be
 1637  issued on a parity basis with such bonds. Such pledge and
 1638  availability for the payment of these bonds shall have priority
 1639  over any requirement for the payment of service charges or costs
 1640  of collection and enforcement under this section. All taxes
 1641  collected under this chapter, except taxes distributed to the
 1642  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
 1643  are subject to the service charge imposed in s. 215.20(1).
 1644  Before distribution pursuant to this section, the Department of
 1645  Revenue shall deduct amounts necessary to pay the costs of the
 1646  collection and enforcement of the tax levied by this chapter.
 1647  The costs and service charge may not be levied against any
 1648  portion of taxes pledged to debt service on bonds to the extent
 1649  that the costs and service charge are required to pay any
 1650  amounts relating to the bonds. All of the costs of the
 1651  collection and enforcement of the tax levied by this chapter and
 1652  the service charge shall be available and transferred to the
 1653  extent necessary to pay debt service and any other amounts
 1654  payable with respect to bonds authorized before January 1, 2017,
 1655  secured by revenues distributed pursuant to this section. All
 1656  taxes remaining after deduction of costs shall be distributed as
 1657  follows:
 1658         (4) After the required distributions to the Land
 1659  Acquisition Trust Fund pursuant to subsections (1) and (2) and
 1660  deduction of the service charge imposed pursuant to s.
 1661  215.20(1), the remainder shall be distributed as follows:
 1662         (h) An amount equaling 5.4175 percent of the remainder
 1663  shall be paid into the Water Protection and Sustainability
 1664  Program Trust Fund to be used to fund water quality improvement
 1665  wastewater grants as specified in s. 403.0673.
 1666         Section 16. Paragraph (l) of subsection (3), paragraph (a)
 1667  of subsection (5), and paragraph (i) of subsection (15) of
 1668  section 259.105, Florida Statutes, are amended to read:
 1669         259.105 The Florida Forever Act.—
 1670         (3) Less the costs of issuing and the costs of funding
 1671  reserve accounts and other costs associated with bonds, the
 1672  proceeds of cash payments or bonds issued pursuant to this
 1673  section shall be deposited into the Florida Forever Trust Fund
 1674  created by s. 259.1051. The proceeds shall be distributed by the
 1675  Department of Environmental Protection in the following manner:
 1676         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 1677  the agencies that receive the funds shall develop their
 1678  individual acquisition or restoration lists in accordance with
 1679  specific criteria and numeric performance measures developed
 1680  pursuant to s. 259.035(4). Proposed additions may be acquired if
 1681  they are identified within the original project boundary, the
 1682  management plan required pursuant to s. 253.034(5), or the
 1683  management prospectus required pursuant to s. 259.032(7)(b) s.
 1684  259.032(7)(c). Proposed additions not meeting the requirements
 1685  of this paragraph shall be submitted to the council for
 1686  approval. The council may only approve the proposed addition if
 1687  it meets two or more of the following criteria: serves as a link
 1688  or corridor to other publicly owned property; enhances the
 1689  protection or management of the property; would add a desirable
 1690  resource to the property; would create a more manageable
 1691  boundary configuration; has a high resource value that otherwise
 1692  would be unprotected; or can be acquired at less than fair
 1693  market value.
 1694         (5)(a) All lands acquired pursuant to this section shall be
 1695  managed for multiple-use purposes, where compatible with the
 1696  resource values of and management objectives for such lands. As
 1697  used in this section, “multiple-use” includes, but is not
 1698  limited to, outdoor recreational activities as described in ss.
 1699  253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b), water
 1700  resource development projects, sustainable forestry management,
 1701  carbon sequestration, carbon mitigation, or carbon offsets.
 1702         (15) The council shall submit to the board, with its list
 1703  of projects, a report that includes, but need not be limited to,
 1704  the following information for each project listed:
 1705         (i) A management policy statement for the project and a
 1706  management prospectus pursuant to s. 259.032(7)(b) s.
 1707  259.032(7)(c).
 1708         Section 17. Subsection (17) of section 373.019, Florida
 1709  Statutes, is amended to read:
 1710         373.019 Definitions.—When appearing in this chapter or in
 1711  any rule, regulation, or order adopted pursuant thereto, the
 1712  term:
 1713         (17) “Reclaimed water” means water that has received at
 1714  least secondary treatment and basic disinfection and is reused
 1715  after flowing out of a domestic wastewater treatment facility.
 1716  Reclaimed water is not subject to regulation pursuant to s.
 1717  373.175 or part II of this chapter until it has been discharged
 1718  into waters as defined in s. 403.031 s. 403.031(13).
 1719         Section 18. Section 373.4132, Florida Statutes, is amended
 1720  to read:
 1721         373.4132 Dry storage facility permitting.—The governing
 1722  board or the department shall require a permit under this part,
 1723  including s. 373.4145, for the construction, alteration,
 1724  operation, maintenance, abandonment, or removal of a dry storage
 1725  facility for 10 or more vessels that is functionally associated
 1726  with a boat launching area. As part of an applicant’s
 1727  demonstration that such a facility will not be harmful to the
 1728  water resources and will not be inconsistent with the overall
 1729  objectives of the district, the governing board or department
 1730  shall require the applicant to provide reasonable assurance that
 1731  the secondary impacts from the facility will not cause adverse
 1732  impacts to the functions of wetlands and surface waters,
 1733  including violations of state water quality standards applicable
 1734  to waters as defined in s. 403.031 s. 403.031(13), and will meet
 1735  the public interest test of s. 373.414(1)(a), including the
 1736  potential adverse impacts to manatees. Nothing in this section
 1737  shall affect the authority of the governing board or the
 1738  department to regulate such secondary impacts under this part
 1739  for other regulated activities.
 1740         Section 19. Subsection (1) of section 373.414, Florida
 1741  Statutes, is amended to read:
 1742         373.414 Additional criteria for activities in surface
 1743  waters and wetlands.—
 1744         (1) As part of an applicant’s demonstration that an
 1745  activity regulated under this part will not be harmful to the
 1746  water resources or will not be inconsistent with the overall
 1747  objectives of the district, the governing board or the
 1748  department shall require the applicant to provide reasonable
 1749  assurance that state water quality standards applicable to
 1750  waters as defined in s. 403.031 s. 403.031(13) will not be
 1751  violated and reasonable assurance that such activity in, on, or
 1752  over surface waters or wetlands, as delineated in s. 373.421(1),
 1753  is not contrary to the public interest. However, if such an
 1754  activity significantly degrades or is within an Outstanding
 1755  Florida Water, as provided by department rule, the applicant
 1756  must provide reasonable assurance that the proposed activity
 1757  will be clearly in the public interest.
 1758         (a) In determining whether an activity, which is in, on, or
 1759  over surface waters or wetlands, as delineated in s. 373.421(1),
 1760  and is regulated under this part, is not contrary to the public
 1761  interest or is clearly in the public interest, the governing
 1762  board or the department shall consider and balance the following
 1763  criteria:
 1764         1. Whether the activity will adversely affect the public
 1765  health, safety, or welfare or the property of others;
 1766         2. Whether the activity will adversely affect the
 1767  conservation of fish and wildlife, including endangered or
 1768  threatened species, or their habitats;
 1769         3. Whether the activity will adversely affect navigation or
 1770  the flow of water or cause harmful erosion or shoaling;
 1771         4. Whether the activity will adversely affect the fishing
 1772  or recreational values or marine productivity in the vicinity of
 1773  the activity;
 1774         5. Whether the activity will be of a temporary or permanent
 1775  nature;
 1776         6. Whether the activity will adversely affect or will
 1777  enhance significant historical and archaeological resources
 1778  under the provisions of s. 267.061; and
 1779         7. The current condition and relative value of functions
 1780  being performed by areas affected by the proposed activity.
 1781         (b) If the applicant is unable to otherwise meet the
 1782  criteria set forth in this subsection, the governing board or
 1783  the department, in deciding to grant or deny a permit, must
 1784  shall consider measures proposed by or acceptable to the
 1785  applicant to mitigate adverse effects that may be caused by the
 1786  regulated activity. Such measures may include, but are not
 1787  limited to, onsite mitigation, offsite mitigation, offsite
 1788  regional mitigation, and the purchase of mitigation credits from
 1789  mitigation banks permitted under s. 373.4136. It is shall be the
 1790  responsibility of the applicant to choose the form of
 1791  mitigation. The mitigation must offset the adverse effects
 1792  caused by the regulated activity.
 1793         1. The department or water management districts may accept
 1794  the donation of money as mitigation only where the donation is
 1795  specified for use in a duly noticed environmental creation,
 1796  preservation, enhancement, or restoration project, endorsed by
 1797  the department or the governing board of the water management
 1798  district, which offsets the impacts of the activity permitted
 1799  under this part. However, the provisions of this subsection does
 1800  shall not apply to projects undertaken pursuant to s. 373.4137
 1801  or chapter 378. Where a permit is required under this part to
 1802  implement any project endorsed by the department or a water
 1803  management district, all necessary permits must have been issued
 1804  prior to the acceptance of any cash donation. After the
 1805  effective date of this act, when money is donated to either the
 1806  department or a water management district to offset impacts
 1807  authorized by a permit under this part, the department or the
 1808  water management district shall accept only a donation that
 1809  represents the full cost to the department or water management
 1810  district of undertaking the project that is intended to mitigate
 1811  the adverse impacts. The full cost shall include all direct and
 1812  indirect costs, as applicable, such as those for land
 1813  acquisition, land restoration or enhancement, perpetual land
 1814  management, and general overhead consisting of costs such as
 1815  staff time, building, and vehicles. The department or the water
 1816  management district may use a multiplier or percentage to add to
 1817  other direct or indirect costs to estimate general overhead.
 1818  Mitigation credit for such a donation may shall be given only to
 1819  the extent that the donation covers the full cost to the agency
 1820  of undertaking the project that is intended to mitigate the
 1821  adverse impacts. However, nothing herein may shall be construed
 1822  to prevent the department or a water management district from
 1823  accepting a donation representing a portion of a larger project,
 1824  provided that the donation covers the full cost of that portion
 1825  and mitigation credit is given only for that portion. The
 1826  department or water management district may deviate from the
 1827  full cost requirements of this subparagraph to resolve a
 1828  proceeding brought pursuant to chapter 70 or a claim for inverse
 1829  condemnation. Nothing in this section may shall be construed to
 1830  require the owner of a private mitigation bank, permitted under
 1831  s. 373.4136, to include the full cost of a mitigation credit in
 1832  the price of the credit to a purchaser of said credit.
 1833         2. The department and each water management district shall
 1834  report by March 1 of each year, as part of the consolidated
 1835  annual report required by s. 373.036(7), all cash donations
 1836  accepted under subparagraph 1. during the preceding water
 1837  management district fiscal year for wetland mitigation purposes.
 1838  The report must shall exclude those contributions pursuant to s.
 1839  373.4137. The report must shall include a description of the
 1840  endorsed mitigation projects and, except for projects governed
 1841  by s. 373.4135(6), must shall address, as applicable, success
 1842  criteria, project implementation status and timeframe,
 1843  monitoring, long-term management, provisions for preservation,
 1844  and full cost accounting.
 1845         3. If the applicant is unable to meet water quality
 1846  standards because existing ambient water quality does not meet
 1847  standards, the governing board or the department must shall
 1848  consider mitigation measures proposed by or acceptable to the
 1849  applicant that cause net improvement of the water quality in the
 1850  receiving body of water for those parameters which do not meet
 1851  standards.
 1852         4. If mitigation requirements imposed by a local government
 1853  for surface water and wetland impacts of an activity regulated
 1854  under this part cannot be reconciled with mitigation
 1855  requirements approved under a permit for the same activity
 1856  issued under this part, including application of the uniform
 1857  wetland mitigation assessment method adopted pursuant to
 1858  subsection (18), the mitigation requirements for surface water
 1859  and wetland impacts are shall be controlled by the permit issued
 1860  under this part.
 1861         (c) Where activities for a single project regulated under
 1862  this part occur in more than one local government jurisdiction,
 1863  and where permit conditions or regulatory requirements are
 1864  imposed by a local government for these activities which cannot
 1865  be reconciled with those imposed by a permit under this part for
 1866  the same activities, the permit conditions or regulatory
 1867  requirements are shall be controlled by the permit issued under
 1868  this part.
 1869         Section 20. Section 373.4142, Florida Statutes, is amended
 1870  to read:
 1871         373.4142 Water quality within stormwater treatment
 1872  systems.—State surface water quality standards applicable to
 1873  waters of this the state, as defined in s. 403.031 s.
 1874  403.031(13), do shall not apply within a stormwater management
 1875  system which is designed, constructed, operated, and maintained
 1876  for stormwater treatment in accordance with a valid permit or
 1877  noticed exemption issued pursuant to chapter 62-25, Florida
 1878  Administrative Code; a valid permit or exemption under s.
 1879  373.4145 within the Northwest Florida Water Management District;
 1880  a valid permit issued on or subsequent to April 1, 1986, within
 1881  the Suwannee River Water Management District or the St. Johns
 1882  River Water Management District pursuant to this part; a valid
 1883  permit issued on or subsequent to March 1, 1988, within the
 1884  Southwest Florida Water Management District pursuant to this
 1885  part; or a valid permit issued on or subsequent to January 6,
 1886  1982, within the South Florida Water Management District
 1887  pursuant to this part. Such inapplicability of state water
 1888  quality standards shall be limited to that part of the
 1889  stormwater management system located upstream of a manmade water
 1890  control structure permitted, or approved under a noticed
 1891  exemption, to retain or detain stormwater runoff in order to
 1892  provide treatment of the stormwater. The additional use of such
 1893  a stormwater management system for flood attenuation or
 1894  irrigation does shall not divest the system of the benefits of
 1895  this exemption. This section does shall not affect the authority
 1896  of the department and water management districts to require
 1897  reasonable assurance that the water quality within such
 1898  stormwater management systems will not adversely impact public
 1899  health, fish and wildlife, or adjacent waters.
 1900         Section 21. Paragraph (a) of subsection (1) of section
 1901  373.430, Florida Statutes, is amended to read:
 1902         373.430 Prohibitions, violation, penalty, intent.—
 1903         (1) It shall be a violation of this part, and it shall be
 1904  prohibited for any person:
 1905         (a) To cause pollution, as defined in s. 403.031 s.
 1906  403.031(7), except as otherwise provided in this part, so as to
 1907  harm or injure human health or welfare, animal, plant, or
 1908  aquatic life or property.
 1909         Section 22. Paragraph (n) of subsection (2) of section
 1910  373.4592, Florida Statutes, is amended to read:
 1911         373.4592 Everglades improvement and management.—
 1912         (2) DEFINITIONS.—As used in this section:
 1913         (n) “Stormwater management program” shall have the meaning
 1914  set forth in s. 403.031 s. 403.031(15).
 1915         Section 23. Paragraph (c) of subsection (1) of section
 1916  403.890, Florida Statutes, is amended to read:
 1917         403.890 Water Protection and Sustainability Program.—
 1918         (1) Revenues deposited into or appropriated to the Water
 1919  Protection and Sustainability Program Trust Fund shall be
 1920  distributed by the Department of Environmental Protection for
 1921  the following purposes:
 1922         (c) The water quality improvement wastewater grant program
 1923  as provided in s. 403.0673.
 1924         Section 24. Paragraph (b) of subsection (1) of section
 1925  403.892, Florida Statutes, is amended to read:
 1926         403.892 Incentives for the use of graywater technologies.—
 1927         (1) As used in this section, the term:
 1928         (b) “Graywater” has the same meaning as in s. 381.0065(2)
 1929  s. 381.0065(2)(f).
 1930         Section 25. Paragraphs (c) and (d) of subsection (2) of
 1931  section 403.9301, Florida Statutes, are amended to read:
 1932         403.9301 Wastewater services projections.—
 1933         (2) As used in this section, the term:
 1934         (c) “Treatment works” has the same meaning as provided in
 1935  s. 403.031 s. 403.031(11).
 1936         (d) “Wastewater services” means service to a sewerage
 1937  system, as defined in s. 403.031 s. 403.031(9), or service to
 1938  domestic wastewater treatment works.
 1939         Section 26. Paragraphs (b) and (c) of subsection (2) of
 1940  section 403.9302, Florida Statutes, are amended to read:
 1941         403.9302 Stormwater management projections.—
 1942         (2) As used in this section, the term:
 1943         (b) “Stormwater management program” has the same meaning as
 1944  provided in s. 403.031 s. 403.031(15).
 1945         (c) “Stormwater management system” has the same meaning as
 1946  provided in s. 403.031 s. 403.031(16).
 1947         Section 27. For the purpose of incorporating the amendment
 1948  made by this act to section 259.032, Florida Statutes, in a
 1949  reference thereto, subsection (6) of section 259.045, Florida
 1950  Statutes, is reenacted to read:
 1951         259.045 Purchase of lands in areas of critical state
 1952  concern; recommendations by department and land authorities.
 1953  Within 45 days after the Administration Commission designates an
 1954  area as an area of critical state concern under s. 380.05, and
 1955  annually thereafter, the Department of Environmental Protection
 1956  shall consider the recommendations of the state land planning
 1957  agency pursuant to s. 380.05(1)(a) relating to purchase of lands
 1958  within an area of critical state concern or lands outside an
 1959  area of critical state concern that directly impact an area of
 1960  critical state concern, which may include lands used to preserve
 1961  and protect water supply, and shall make recommendations to the
 1962  board with respect to the purchase of the fee or any lesser
 1963  interest in any such lands that are:
 1964         (6) Lands used to prevent or satisfy private property
 1965  rights claims resulting from limitations imposed by the
 1966  designation of an area of critical state concern if the
 1967  acquisition of such lands fulfills a public purpose listed in s.
 1968  259.032(2) or if the parcel is wholly or partially, at the time
 1969  of acquisition, on one of the board’s approved acquisition lists
 1970  established pursuant to this chapter. For the purposes of this
 1971  subsection, if a parcel is estimated to be worth $500,000 or
 1972  less and the director of the Division of State Lands finds that
 1973  the cost of an outside appraisal is not justified, a comparable
 1974  sales analysis, an appraisal prepared by the Division of State
 1975  Lands, or other reasonably prudent procedures may be used by the
 1976  Division of State Lands to estimate the value of the parcel,
 1977  provided the public’s interest is reasonably protected.
 1978  
 1979  The department, a local government, a special district, or a
 1980  land authority within an area of critical state concern may make
 1981  recommendations with respect to additional purchases which were
 1982  not included in the state land planning agency recommendations.
 1983         Section 28. The Legislature determines and declares that
 1984  this act fulfills an important state interest.
 1985         Section 29. This act shall take effect July 1, 2023.