Florida Senate - 2023                      CS for CS for SB 1632
       
       
        
       By the Committees on Fiscal Policy; and Environment and Natural
       Resources; and Senators Brodeur and Avila
       
       
       
       
       594-04244-23                                          20231632c2
    1                        A bill to be entitled                      
    2         An act relating to environmental protection; creating
    3         s. 120.5436, F.S.; providing legislative intent;
    4         requiring the Department of Environmental Protection
    5         and water management districts to conduct a holistic
    6         review of certain permitting processes and programs;
    7         requiring the department to consult with the
    8         Department of Transportation in conducting its review;
    9         providing the scope and purpose of the review;
   10         providing the factors the Department of Environmental
   11         Protection and water management districts must
   12         consider when conducting the review; requiring the
   13         department and water management districts to submit a
   14         specified report to the Governor and Legislature by a
   15         specified date; amending s. 163.3177, F.S.; revising
   16         the required components of a local government
   17         comprehensive plan capital improvements element and
   18         general sanitary sewer, solid waste, drainage, potable
   19         water, and natural groundwater aquifer recharge
   20         element; making technical changes; requiring the
   21         update of comprehensive plans by a specified date;
   22         providing applicability; amending s. 253.025, F.S.;
   23         increasing the estimated value threshold of land
   24         acquisition agreements that are required to be
   25         submitted to and approved by the Board of Trustees of
   26         the Internal Improvement Trust Fund; removing the
   27         requirement that agreements to acquire initial lands
   28         for Florida Forever projects be submitted to and
   29         approved by the board of trustees; increasing the
   30         estimated value threshold for the appraisal of certain
   31         land acquisitions; requiring, rather than authorizing,
   32         the department to disclose appraisal reports to
   33         private landowners or their representatives during
   34         negotiations for certain land acquisitions; removing a
   35         provision requiring private landowners to maintain
   36         confidentiality of such reports; providing
   37         requirements for the assessment of property values;
   38         amending s. 259.032, F.S.; authorizing the board to
   39         acquire interests in lands that complete certain
   40         linkages within the Florida wildlife corridor;
   41         conforming a provision to changes made by the act;
   42         making technical changes; amending s. 259.105, F.S.;
   43         requiring the Department of Agriculture and Consumer
   44         Services to submit an updated priority list for the
   45         acquisition of certain agricultural lands to the
   46         Acquisition and Restoration Council by a specified
   47         date; providing construction; conforming cross
   48         references; deleting an obsolete provision; requiring
   49         the council to give increased priority to specified
   50         projects; creating s. 373.469, F.S.; providing
   51         legislative findings and intent; defining terms;
   52         providing the components of the Indian River Lagoon
   53         Protection Program; requiring the Department of
   54         Environmental Protection to evaluate and update the
   55         basin management action plans within the program at
   56         specified intervals; requiring the department, in
   57         coordination with specified entities, to identify and
   58         prioritize strategies and projects to achieve certain
   59         water quality standards and total maximum daily loads;
   60         requiring the department, in coordination with
   61         specified entities, to implement the Indian River
   62         Lagoon Watershed Research and Water Quality Monitoring
   63         Program for specified purposes; prohibiting the
   64         installation of new onsite sewage treatment and
   65         disposal systems beginning on a specified date under
   66         certain circumstances; requiring that commercial or
   67         residential properties with existing onsite sewage
   68         treatment and disposal systems be connected to central
   69         sewer or be upgraded to a certain system by a
   70         specified date; providing construction; authorizing
   71         the department and the governing boards of the St.
   72         Johns River Water Management District and the South
   73         Florida Water Management District to adopt rules;
   74         amending s. 373.501, F.S.; requiring, rather than
   75         authorizing, the department to transfer appropriated
   76         funds to the water management districts for specified
   77         purposes; requiring the districts to annually report
   78         to the department on the use of such funds; amending
   79         s. 373.802, F.S.; defining the term “enhanced
   80         nutrient-reducing onsite sewage treatment and disposal
   81         system”; amending s. 373.807, F.S.; conforming a
   82         cross-reference; revising requirements for onsite
   83         sewage treatment and disposal system remediation plans
   84         for springs; amending s. 373.811, F.S.; prohibiting
   85         new onsite sewage treatment and disposal systems
   86         within basin management action plans in effect for
   87         Outstanding Florida Springs under certain
   88         circumstances; authorizing the installation of
   89         enhanced or alternative systems for certain lots;
   90         amending s. 375.041, F.S.; requiring an annual
   91         appropriation from the Land Acquisition Trust Fund to
   92         the department for the acquisition of specified lands;
   93         deleting an obsolete provision; amending s. 381.0065,
   94         F.S.; defining the term “enhanced nutrient-reducing
   95         onsite sewage treatment and disposal system”; amending
   96         s. 381.00652, F.S.; requiring the onsite sewage
   97         treatment and disposal systems technical advisory
   98         committee to submit annual recommendations to the
   99         Governor and the Legislature; removing the scheduled
  100         expiration of the committee; amending s. 381.00655,
  101         F.S.; encouraging local governmental agencies that
  102         receive funding for connecting onsite sewage treatment
  103         and disposal systems to central sewer facilities to
  104         provide notice of the funding availability to certain
  105         owners of onsite sewage treatment and disposal systems
  106         and to maintain a website with certain information
  107         regarding the funding; reordering and amending s.
  108         403.031, F.S.; defining and revising terms; amending
  109         s. 403.067, F.S.; revising requirements for new or
  110         revised basin management action plans; requiring that
  111         basin management action plans include 5-year
  112         milestones for implementation; requiring certain
  113         entities to identify projects or strategies to meet
  114         such milestones; prohibiting the installation of new
  115         onsite sewage treatment and disposal systems within
  116         specified areas under certain circumstances; requiring
  117         the installation of enhanced or alternative systems
  118         for certain lots; revising requirements for a basin
  119         management action plan’s cooperative agricultural
  120         regional water quality improvement element; amending
  121         s. 403.0673, F.S.; renaming the wastewater grant
  122         program as the water quality improvement grant
  123         program; revising the purposes of the grant program;
  124         specifying the projects for which the department may
  125         provide grants under the program; requiring the
  126         department to prioritize certain projects; requiring
  127         the department to coordinate with each water
  128         management district to annually identify projects;
  129         requiring the department to coordinate with specified
  130         entities to identify projects; revising reporting
  131         requirements; amending s. 403.086, F.S.; revising the
  132         waters that sewage disposal facilities are prohibited
  133         from disposing wastes into; amending s. 570.71, F.S.;
  134         requiring the Department of Agriculture and Consumer
  135         Services, in consultation with the Department of
  136         Environmental Protection, the water management
  137         districts, the Department of Economic Opportunity, and
  138         the Florida Fish and Wildlife Conservation Commission,
  139         to adopt rules giving funding priority and preference
  140         to specified lands; requiring the Department of
  141         Agriculture and Consumer Services to submit certain
  142         purchase agreements to the Board of Trustees of the
  143         Internal Improvement Trust Fund for approval; amending
  144         s. 570.715, F.S.; increasing the estimated value
  145         threshold for the appraisal of specified conservation
  146         easement acquisitions; requiring, rather than
  147         authorizing, the Department of Agriculture and
  148         Consumer Services to disclose appraisal reports to
  149         private landowners or their representatives during
  150         negotiations for certain land acquisitions; amending
  151         ss. 201.15, 259.105, 373.019, 373.4132, 373.414,
  152         373.4142, 373.430, 373.4592, 403.890, 403.892,
  153         403.9301, and 403.9302, F.S.; conforming cross
  154         references and provisions to changes made by the act;
  155         reenacting s. 259.045(6), F.S., relating to the
  156         purchase of lands in areas of critical state concern,
  157         to incorporate the amendment made to s. 259.032, F.S.,
  158         in a reference thereto; providing a declaration of
  159         important state interest; providing an effective date.
  160          
  161  Be It Enacted by the Legislature of the State of Florida:
  162  
  163         Section 1. Section 120.5436, Florida Statutes, is created
  164  to read:
  165         120.5436Environmental licensing process review.—
  166         (1)(a)It is the intent of the Legislature to build a more
  167  resilient and responsive government infrastructure to allow for
  168  quick recovery after natural disasters, including hurricanes and
  169  tropical storms, without negatively impacting coastal ecosystems
  170  or increasing future community vulnerability.
  171         (b)It is further the intent of the Legislature to promote
  172  efficiency in state government across branches, agencies, and
  173  other governmental entities and to identify any area of
  174  improvement within each that allows for quick, effective
  175  delivery of services.
  176         (c)Further, the Legislature intends for the state to seek
  177  out ways to improve its administrative procedures in relevant
  178  fields to build a streamlined permitting process that withstands
  179  disruptions caused by natural disasters, including hurricanes
  180  and tropical storms, while maintaining the integrity of natural
  181  coastal ecosystems.
  182         (2)(a)The Department of Environmental Protection and water
  183  management districts shall conduct a holistic review of their
  184  current coastal permitting processes and other permit programs.
  185  These permitting processes must include, but are not limited to,
  186  coastal construction control line permits; joint coastal
  187  permits; environmental resource permits; consistent with
  188  applicable federal terms and conditions, state-administered
  189  federal environmental permitting programs; and permitting
  190  processes related to water supply infrastructure, wastewater
  191  infrastructure, and onsite sewage treatment and disposal
  192  systems. The Department of Environmental Protection shall
  193  consult with the Department of Transportation in conducting its
  194  review.
  195         (b)The scope and purpose of the review is to identify
  196  areas of improvement and to increase efficiency within each
  197  process. Factors that must be considered in the review include
  198  all of the following:
  199         1.The requirements to obtain a permit.
  200         2.Time periods for review, including by commenting
  201  agencies, and approval of the permit application.
  202         3.Areas for improved efficiency and decision-point
  203  consolidation within a single project’s process.
  204         4.Areas of duplication across one or more permit programs,
  205  while maintaining federal terms and conditions applicable to
  206  state-administered federal environmental permitting programs.
  207         5.The methods of requesting permits.
  208         6.Adequate staffing levels necessary for complete and
  209  efficient review.
  210         7.Any other factors that may increase the efficiency of
  211  the permitting processes and may allow improved storm recovery.
  212         (c)By July 1, 2024, the department and water management
  213  districts shall provide their findings and proposed solutions in
  214  a report to the Governor, the President of the Senate, and the
  215  Speaker of the House of Representatives.
  216         Section 2. Paragraph (a) of subsection (3) and paragraph
  217  (c) of subsection (6) of section 163.3177, Florida Statutes, are
  218  amended to read:
  219         163.3177 Required and optional elements of comprehensive
  220  plan; studies and surveys.—
  221         (3)(a) The comprehensive plan must shall contain a capital
  222  improvements element designed to consider the need for and the
  223  location of public facilities in order to encourage the
  224  efficient use of such facilities and set forth all of the
  225  following:
  226         1. A component that outlines principles for construction,
  227  extension, or increase in capacity of public facilities, as well
  228  as a component that outlines principles for correcting existing
  229  public facility deficiencies, which are necessary to implement
  230  the comprehensive plan. The components must shall cover at least
  231  a 5-year period.
  232         2. Estimated public facility costs, including a delineation
  233  of when facilities will be needed, the general location of the
  234  facilities, and projected revenue sources to fund the
  235  facilities.
  236         3. Standards to ensure the availability of public
  237  facilities and the adequacy of those facilities to meet
  238  established acceptable levels of service.
  239         4. A schedule of capital improvements which includes any
  240  publicly funded projects of federal, state, or local government,
  241  and which may include privately funded projects for which the
  242  local government has no fiscal responsibility. Projects
  243  necessary to ensure that any adopted level-of-service standards
  244  are achieved and maintained for the 5-year period must be
  245  identified as either funded or unfunded and given a level of
  246  priority for funding.
  247         5. The schedule must:
  248         a. Include transportation improvements included in the
  249  applicable metropolitan planning organization’s transportation
  250  improvement program adopted pursuant to s. 339.175(8) to the
  251  extent that such improvements are relied upon to ensure
  252  concurrency and financial feasibility;.
  253         b.Where applicable, include a list of projects necessary
  254  to achieve the pollutant load reductions attributable to the
  255  local government, as established in a basin management action
  256  plan pursuant to s. 403.067(7); and
  257         c.The schedule must Be coordinated with the applicable
  258  metropolitan planning organization’s long-range transportation
  259  plan adopted pursuant to s. 339.175(7).
  260         (6) In addition to the requirements of subsections (1)-(5),
  261  the comprehensive plan shall include the following elements:
  262         (c) A general sanitary sewer, solid waste, drainage,
  263  potable water, and natural groundwater aquifer recharge element
  264  correlated to principles and guidelines for future land use,
  265  indicating ways to provide for future potable water, drainage,
  266  sanitary sewer, solid waste, and aquifer recharge protection
  267  requirements for the area. The element may be a detailed
  268  engineering plan including a topographic map depicting areas of
  269  prime groundwater recharge.
  270         1. Each local government shall address in the data and
  271  analyses required by this section those facilities that provide
  272  service within the local government’s jurisdiction. Local
  273  governments that provide facilities to serve areas within other
  274  local government jurisdictions shall also address those
  275  facilities in the data and analyses required by this section,
  276  using data from the comprehensive plan for those areas for the
  277  purpose of projecting facility needs as required in this
  278  subsection. For shared facilities, each local government shall
  279  indicate the proportional capacity of the systems allocated to
  280  serve its jurisdiction.
  281         2. The element must shall describe the problems and needs
  282  and the general facilities that will be required for solution of
  283  the problems and needs, including correcting existing facility
  284  deficiencies. The element must shall address coordinating the
  285  extension of, or increase in the capacity of, or upgrade in
  286  treatment of facilities to meet future needs; prioritizing
  287  advanced waste treatment while maximizing the use of existing
  288  facilities and discouraging urban sprawl; conserving potable
  289  water resources; and protecting the functions of natural
  290  groundwater recharge areas and natural drainage features.
  291         3. Within the local government’s jurisdiction, for any
  292  development of more than 50 residential lots, whether built or
  293  unbuilt, with more than one onsite sewage treatment and disposal
  294  system per 1 acre, the element must consider the feasibility of
  295  providing sanitary sewer services within a 10-year planning
  296  horizon and must identify the name and location of the
  297  wastewater facility that could receive sanitary sewer flows
  298  after connection; the capacity of the facility and any
  299  associated transmission facilities; the projected wastewater
  300  flow at that facility for the next 20 years, including expected
  301  future new construction and connections of onsite sewage
  302  treatment and disposal systems to sanitary sewer; and a timeline
  303  for the construction of the sanitary sewer system. An onsite
  304  sewage treatment and disposal system is presumed to exist on a
  305  parcel if sanitary sewer services are not available at or
  306  adjacent to the parcel boundary. Each comprehensive plan must be
  307  updated to include this element by July 1, 2024, and as needed
  308  thereafter to account for future applicable developments. This
  309  subparagraph does not apply to a local government designated as
  310  a rural area of opportunity under s. 288.0656.
  311         4. Within 18 months after the governing board approves an
  312  updated regional water supply plan, the element must incorporate
  313  the alternative water supply project or projects selected by the
  314  local government from those identified in the regional water
  315  supply plan pursuant to s. 373.709(2)(a) or proposed by the
  316  local government under s. 373.709(8)(b). If a local government
  317  is located within two water management districts, the local
  318  government must shall adopt its comprehensive plan amendment
  319  within 18 months after the later updated regional water supply
  320  plan. The element must identify such alternative water supply
  321  projects and traditional water supply projects and conservation
  322  and reuse necessary to meet the water needs identified in s.
  323  373.709(2)(a) within the local government’s jurisdiction and
  324  include a work plan, covering at least a 10-year planning
  325  period, for building public, private, and regional water supply
  326  facilities, including development of alternative water supplies,
  327  which are identified in the element as necessary to serve
  328  existing and new development. The work plan must shall be
  329  updated, at a minimum, every 5 years within 18 months after the
  330  governing board of a water management district approves an
  331  updated regional water supply plan. Local governments, public
  332  and private utilities, regional water supply authorities,
  333  special districts, and water management districts are encouraged
  334  to cooperatively plan for the development of multijurisdictional
  335  water supply facilities that are sufficient to meet projected
  336  demands for established planning periods, including the
  337  development of alternative water sources to supplement
  338  traditional sources of groundwater and surface water supplies.
  339         5.4. A local government that does not own, operate, or
  340  maintain its own water supply facilities, including, but not
  341  limited to, wells, treatment facilities, and distribution
  342  infrastructure, and is served by a public water utility with a
  343  permitted allocation of greater than 300 million gallons per day
  344  is not required to amend its comprehensive plan in response to
  345  an updated regional water supply plan or to maintain a work plan
  346  if any such local government’s usage of water constitutes less
  347  than 1 percent of the public water utility’s total permitted
  348  allocation. However, any such local government shall is required
  349  to cooperate with, and provide relevant data to, any local
  350  government or utility provider that provides service within its
  351  jurisdiction, and shall to keep its general sanitary sewer,
  352  solid waste, potable water, and natural groundwater aquifer
  353  recharge element updated in accordance with s. 163.3191.
  354         Section 3. Subsection (4) and paragraphs (b), (f), and (j)
  355  of subsection (8) of section 253.025, Florida Statutes, are
  356  amended to read:
  357         253.025 Acquisition of state lands.—
  358         (4) An agreement to acquire real property for the purposes
  359  described in this chapter, chapter 259, chapter 260, or chapter
  360  375, title to which will vest in the board of trustees, may not
  361  bind the state before the agreement is reviewed and approved by
  362  the Department of Environmental Protection as complying with
  363  this section and any rules adopted pursuant to this section. If
  364  any of the following conditions exist, the agreement must shall
  365  be submitted to and approved by the board of trustees:
  366         (a) The purchase price agreed to by the seller exceeds the
  367  value as established pursuant to the rules of the board of
  368  trustees.;
  369         (b) The contract price agreed to by the seller and the
  370  acquiring agency exceeds $5 $1 million.;
  371         (c) The acquisition is the initial purchase in a Florida
  372  Forever project; or
  373         (d) Other conditions that the board of trustees may adopt
  374  by rule. Such conditions may include, but are not limited to,
  375  Florida Forever projects when title to the property being
  376  acquired is considered nonmarketable or is encumbered in such a
  377  way as to significantly affect its management.
  378  
  379  If approval of the board of trustees is required pursuant to
  380  this subsection, the acquiring agency must provide a
  381  justification as to why it is in the public’s interest to
  382  acquire the parcel or Florida Forever project. Approval of the
  383  board of trustees is also required for Florida Forever projects
  384  the department recommends acquiring pursuant to subsections (11)
  385  and (22). Review and approval of agreements for acquisitions for
  386  Florida Greenways and Trails Program properties pursuant to
  387  chapter 260 may be waived by the department in any contract with
  388  nonprofit corporations that have agreed to assist the department
  389  with this program. If the contribution of the acquiring agency
  390  exceeds $100 million in any one fiscal year, the agreement must
  391  shall be submitted to and approved by the Legislative Budget
  392  Commission.
  393         (8) Before approval by the board of trustees, or, when
  394  applicable, the Department of Environmental Protection, of any
  395  agreement to purchase land pursuant to this chapter, chapter
  396  259, chapter 260, or chapter 375, and before negotiations with
  397  the parcel owner to purchase any other land, title to which will
  398  vest in the board of trustees, an appraisal of the parcel shall
  399  be required as follows:
  400         (b) Each parcel to be acquired must shall have at least one
  401  appraisal. Two appraisals are required when the estimated value
  402  of the parcel exceeds $5 $1 million. However, if both appraisals
  403  exceed $5 $1 million and differ significantly, a third appraisal
  404  may be obtained. If a parcel is estimated to be worth $100,000
  405  or less and the director of the Division of State Lands finds
  406  that the cost of an outside appraisal is not justified, a
  407  comparable sales analysis, an appraisal prepared by the
  408  division, or other reasonably prudent procedures may be used by
  409  the division to estimate the value of the parcel, provided the
  410  public’s interest is reasonably protected. The state is not
  411  required to appraise the value of lands and appurtenances that
  412  are being donated to the state.
  413         (f) Appraisal reports are confidential and exempt from s.
  414  119.07(1), for use by the agency and the board of trustees,
  415  until an option contract is executed or, if no option contract
  416  is executed, until 2 weeks before a contract or agreement for
  417  purchase is considered for approval by the board of trustees.
  418  However, the Department of Environmental Protection shall may
  419  disclose appraisal reports to private landowners or their
  420  representatives during negotiations for acquisitions using
  421  alternatives to fee simple techniques, if the department
  422  determines that disclosure of such reports will bring the
  423  proposed acquisition to closure. However, the private landowner
  424  must agree to maintain the confidentiality of the reports or
  425  information. The department may also disclose appraisal
  426  information to public agencies or nonprofit organizations that
  427  agree to maintain the confidentiality of the reports or
  428  information when joint acquisition of property is contemplated,
  429  or when a public agency or nonprofit organization enters into a
  430  written agreement with the department to purchase and hold
  431  property for subsequent resale to the board of trustees. In
  432  addition, the department may use, as its own, appraisals
  433  obtained by a public agency or nonprofit organization, if the
  434  appraiser is selected from the department’s list of appraisers
  435  and the appraisal is reviewed and approved by the department.
  436  For purposes of this paragraph, the term “nonprofit
  437  organization” means an organization that is exempt from federal
  438  income tax under s. 501(c)(3) of the Internal Revenue Code and,
  439  for purposes of the acquisition of conservation lands, an
  440  organization whose purpose must include the preservation of
  441  natural resources. The agency may release an appraisal report
  442  when the passage of time has rendered the conclusions of value
  443  in the report invalid or when the acquiring agency has
  444  terminated negotiations.
  445         (j)1. The board of trustees shall adopt by rule the method
  446  for determining the value of parcels sought to be acquired by
  447  state agencies pursuant to this section. An offer by a state
  448  agency may not exceed the value for that parcel as determined
  449  pursuant to the highest approved appraisal or the value
  450  determined pursuant to the rules of the board of trustees,
  451  whichever value is less.
  452         2.Property value must be based upon the reasonable market
  453  value of the property considering those uses that are legally
  454  permissible, physically possible, financially feasible, and
  455  maximally productive.
  456         3.2. For a joint acquisition by a state agency and a local
  457  government or other entity apart from the state, the joint
  458  purchase price may not exceed 150 percent of the value for a
  459  parcel as determined in accordance with the limits in
  460  subparagraph 1. The state agency share of a joint purchase offer
  461  may not exceed what the agency may offer singly pursuant to
  462  subparagraph 1.
  463         4.3. This paragraph does not apply to the acquisition of
  464  historically unique or significant property as determined by the
  465  Division of Historical Resources of the Department of State.
  466  
  467  Notwithstanding this subsection, on behalf of the board of
  468  trustees and before the appraisal of parcels approved for
  469  purchase under this chapter or chapter 259, the Secretary of
  470  Environmental Protection or the director of the Division of
  471  State Lands may enter into option contracts to buy such parcels.
  472  Any such option contract shall state that the final purchase
  473  price is subject to approval by the board of trustees or, if
  474  applicable, the Secretary of Environmental Protection, and that
  475  the final purchase price may not exceed the maximum offer
  476  allowed by law. Any such option contract presented to the board
  477  of trustees for final purchase price approval shall explicitly
  478  state that payment of the final purchase price is subject to an
  479  appropriation from the Legislature. The consideration for such
  480  an option may not exceed $1,000 or 0.01 percent of the estimate
  481  by the department of the value of the parcel, whichever amount
  482  is greater.
  483         Section 4. Subsections (2) and (7), paragraph (b) of
  484  subsection (8), and paragraph (d) of subsection (9) of section
  485  259.032, Florida Statutes, are amended to read:
  486         259.032 Conservation and recreation lands.—
  487         (2) The Governor and Cabinet, sitting as the Board of
  488  Trustees of the Internal Improvement Trust Fund, may expend
  489  moneys appropriated by the Legislature to acquire the fee or any
  490  lesser interest in lands for any of the following public
  491  purposes:
  492         (a) To conserve and protect environmentally unique and
  493  irreplaceable lands that contain native, relatively unaltered
  494  flora and fauna representing a natural area unique to, or scarce
  495  within, a region of this state or a larger geographic area.;
  496         (b) To conserve and protect lands within designated areas
  497  of critical state concern, if the proposed acquisition relates
  498  to the natural resource protection purposes of the designation.;
  499         (c) To conserve and protect native species habitat or
  500  endangered or threatened species, emphasizing long-term
  501  protection for endangered or threatened species designated G-1
  502  or G-2 by the Florida Natural Areas Inventory, and especially
  503  those areas that are special locations for breeding and
  504  reproduction.;
  505         (d) To conserve, protect, manage, or restore important
  506  ecosystems, landscapes, and forests, if the protection and
  507  conservation of such lands is necessary to enhance or protect
  508  significant surface water, groundwater, coastal, recreational,
  509  timber, or fish or wildlife resources which cannot otherwise be
  510  accomplished through local and state regulatory programs.;
  511         (e) To promote water resource development that benefits
  512  natural systems and citizens of the state.;
  513         (f) To facilitate the restoration and subsequent health and
  514  vitality of the Florida Everglades.;
  515         (g) To provide areas, including recreational trails, for
  516  natural resource-based recreation and other outdoor recreation
  517  on any part of any site compatible with conservation purposes.;
  518         (h) To preserve significant archaeological or historic
  519  sites.;
  520         (i) To conserve urban open spaces suitable for greenways or
  521  outdoor recreation which are compatible with conservation
  522  purposes.; or
  523         (j) To preserve agricultural lands under threat of
  524  conversion to development through less-than-fee acquisitions.
  525         (k) To complete critical linkages through fee or less-than
  526  fee acquisitions that will help preserve and protect the green
  527  and blue infrastructure and vital habitat for wide-ranging
  528  wildlife, such as the Florida panther, within the Florida
  529  wildlife corridor as defined in s. 259.1055(4).
  530         (7)(a) All lands managed under this chapter and s. 253.034
  531  must shall be:
  532         1.(a) Managed in a manner that will provide the greatest
  533  combination of benefits to the public and to the resources.
  534         2.(b) Managed for public outdoor recreation which is
  535  compatible with the conservation and protection of public lands.
  536  Such management may include, but not be limited to, the
  537  following public recreational uses: fishing, hunting, camping,
  538  bicycling, hiking, nature study, swimming, boating, canoeing,
  539  horseback riding, diving, model hobbyist activities, birding,
  540  sailing, jogging, and other related outdoor activities.
  541         (b)(c) Concurrent with its adoption of the annual list of
  542  acquisition projects pursuant to s. 259.035, the board shall
  543  adopt a management prospectus for each project. The management
  544  prospectus shall delineate:
  545         1. The management goals for the property;
  546         2. The conditions that will affect the intensity of
  547  management;
  548         3. An estimate of the revenue-generating potential of the
  549  property, if appropriate;
  550         4. A timetable for implementing the various stages of
  551  management and for providing access to the public, if
  552  applicable;
  553         5. A description of potential multiple-use activities as
  554  described in this section and s. 253.034;
  555         6. Provisions for protecting existing infrastructure and
  556  for ensuring the security of the project upon acquisition;
  557         7. The anticipated costs of management and projected
  558  sources of revenue, including legislative appropriations, to
  559  fund management needs; and
  560         8. Recommendations as to how many employees will be needed
  561  to manage the property, and recommendations as to whether local
  562  governments, volunteer groups, the former landowner, or other
  563  interested parties can be involved in the management.
  564         (c)(d) Concurrent with the approval of the acquisition
  565  contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any
  566  interest in lands except those lands acquired pursuant to s.
  567  259.1052, the board shall designate an agency or agencies to
  568  manage such lands. The board shall evaluate and amend, as
  569  appropriate, the management policy statement for the project as
  570  provided by s. 259.035 to ensure that the policy statement is
  571  compatible with conservation, recreation, or both. For any fee
  572  simple acquisition of a parcel which is or will be leased back
  573  for agricultural purposes, or any acquisition of a less than fee
  574  interest in land that is or will be used for agricultural
  575  purposes, the board shall first consider having a soil and water
  576  conservation district, created pursuant to chapter 582, manage
  577  and monitor such interests.
  578         (d)(e) State agencies designated to manage lands acquired
  579  under this chapter or with funds deposited into the Land
  580  Acquisition Trust Fund, except those lands acquired under s.
  581  259.1052, may contract with local governments and soil and water
  582  conservation districts to assist in management activities,
  583  including the responsibility of being the lead land manager.
  584  Such land management contracts may include a provision for the
  585  transfer of management funding to the local government or soil
  586  and water conservation district from the land acquisition trust
  587  fund of the lead land managing agency in an amount adequate for
  588  the local government or soil and water conservation district to
  589  perform its contractual land management responsibilities and
  590  proportionate to its responsibilities, and which otherwise would
  591  have been expended by the state agency to manage the property.
  592         (e)(f) Immediately following the acquisition of any
  593  interest in conservation and recreation lands, the department,
  594  acting on behalf of the board, may issue to the lead managing
  595  entity an interim assignment letter to be effective until the
  596  execution of a formal lease.
  597         (8)
  598         (b) Individual management plans required by s. 253.034(5),
  599  for parcels over 160 acres, shall be developed with input from
  600  an advisory group. Members of this advisory group shall include,
  601  at a minimum, representatives of the lead land managing agency,
  602  comanaging entities, local private property owners, the
  603  appropriate soil and water conservation district, a local
  604  conservation organization, and a local elected official. If
  605  habitat or potentially restorable habitat for imperiled species
  606  is located on state lands, the Fish and Wildlife Conservation
  607  Commission and the Department of Agriculture and Consumer
  608  Services shall be included on any advisory group required under
  609  chapter 253, and the short-term and long-term management goals
  610  required under chapter 253 must advance the goals and objectives
  611  of imperiled species management without restricting other uses
  612  identified in the management plan. The advisory group shall
  613  conduct at least one public hearing within the county in which
  614  the parcel or project is located. For those parcels or projects
  615  that are within more than one county, at least one areawide
  616  public hearing shall be acceptable and the lead managing agency
  617  shall invite a local elected official from each county. The
  618  areawide public hearing shall be held in the county in which the
  619  core parcels are located. Notice of such public hearing shall be
  620  posted on the parcel or project designated for management,
  621  advertised in a paper of general circulation, and announced at a
  622  scheduled meeting of the local governing body before the actual
  623  public hearing. The management prospectus required pursuant to
  624  paragraph (7)(b) (7)(c) shall be available to the public for a
  625  period of 30 days before the public hearing.
  626  
  627  By July 1 of each year, each governmental agency and each
  628  private entity designated to manage lands shall report to the
  629  Secretary of Environmental Protection on the progress of
  630  funding, staffing, and resource management of every project for
  631  which the agency or entity is responsible.
  632         (9)
  633         (d) Up to one-fifth of the funds appropriated for the
  634  purposes identified in paragraph (b) shall be reserved by the
  635  board for interim management of acquisitions and for associated
  636  contractual services, to ensure the conservation and protection
  637  of natural resources on project sites and to allow limited
  638  public recreational use of lands. Interim management activities
  639  may include, but not be limited to, resource assessments,
  640  control of invasive, nonnative species, habitat restoration,
  641  fencing, law enforcement, controlled burning, and public access
  642  consistent with preliminary determinations made pursuant to
  643  paragraph (7)(e) (7)(f). The board shall make these interim
  644  funds available immediately upon purchase.
  645         Section 5. Paragraphs (i), (l), and (m) of subsection (3),
  646  paragraph (a) of subsection (5), and paragraph (i) of subsection
  647  (15) of section 259.105, Florida Statutes, are amended, and
  648  paragraphs (g) and (h) are added to subsection (10) of that
  649  section, to read:
  650         259.105 The Florida Forever Act.—
  651         (3) Less the costs of issuing and the costs of funding
  652  reserve accounts and other costs associated with bonds, the
  653  proceeds of cash payments or bonds issued pursuant to this
  654  section shall be deposited into the Florida Forever Trust Fund
  655  created by s. 259.1051. The proceeds shall be distributed by the
  656  Department of Environmental Protection in the following manner:
  657         (i) Three and five-tenths percent to the Department of
  658  Agriculture and Consumer Services for the acquisition of
  659  agricultural lands, through perpetual conservation easements and
  660  other perpetual less than fee techniques, which will achieve the
  661  objectives of Florida Forever and s. 570.71. Rules concerning
  662  the application, acquisition, and priority ranking process for
  663  such easements shall be developed pursuant to s. 570.71(10) and
  664  as provided by this paragraph. The board shall ensure that such
  665  rules are consistent with the acquisition process provided for
  666  in s. 570.715. The rules developed pursuant to s. 570.71(10),
  667  shall also provide for the following:
  668         1. An annual priority list shall be developed pursuant to
  669  s. 570.71(10), submitted to the council for review, and approved
  670  by the board pursuant to s. 259.04. By March 1, 2024, the
  671  Department of Agriculture and Consumer Services shall submit an
  672  updated priority list to the council. Any acquisitions for which
  673  funds have been obligated before July 1, 2023, to pay for an
  674  appraisal may not be impacted by the updated priority list.
  675         2. Terms of easements and acquisitions proposed pursuant to
  676  this paragraph shall be approved by the board and may not be
  677  delegated by the board to any other entity receiving funds under
  678  this section.
  679         3. All acquisitions pursuant to this paragraph shall
  680  contain a clear statement that they are subject to legislative
  681  appropriation.
  682  
  683  Funds provided under this paragraph may not be expended until
  684  final adoption of rules by the board pursuant to s. 570.71.
  685         (l) For the purposes of paragraphs (e), (f), (g), and (h),
  686  the agencies that receive the funds shall develop their
  687  individual acquisition or restoration lists in accordance with
  688  specific criteria and numeric performance measures developed
  689  pursuant to s. 259.035(4). Proposed additions may be acquired if
  690  they are identified within the original project boundary, the
  691  management plan required pursuant to s. 253.034(5), or the
  692  management prospectus required pursuant to s. 259.032(7)(b) s.
  693  259.032(7)(c). Proposed additions not meeting the requirements
  694  of this paragraph shall be submitted to the council for
  695  approval. The council may only approve the proposed addition if
  696  it meets two or more of the following criteria: serves as a link
  697  or corridor to other publicly owned property; enhances the
  698  protection or management of the property; would add a desirable
  699  resource to the property; would create a more manageable
  700  boundary configuration; has a high resource value that otherwise
  701  would be unprotected; or can be acquired at less than fair
  702  market value.
  703         (m)Notwithstanding paragraphs (a)-(j) and for the 2021
  704  2022 fiscal year, the amount of $1,998,100 to only the
  705  Department of Environmental Protection for grants pursuant to s.
  706  375.075. This paragraph expires July 1, 2022.
  707         (5)(a) All lands acquired pursuant to this section shall be
  708  managed for multiple-use purposes, where compatible with the
  709  resource values of and management objectives for such lands. As
  710  used in this section, “multiple-use” includes, but is not
  711  limited to, outdoor recreational activities as described in ss.
  712  253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource
  713  development projects, sustainable forestry management, carbon
  714  sequestration, carbon mitigation, or carbon offsets.
  715         (10) The council shall give increased priority to:
  716         (g)Projects in imminent danger of development, loss of
  717  significant natural attributes or recreational open space, or
  718  subdivision, which would result in multiple ownership and make
  719  acquisition of the project costly or less likely to be
  720  accomplished.
  721         (h)Projects located within the Florida wildlife corridor
  722  as defined in s. 259.1055(4).
  723         (15) The council shall submit to the board, with its list
  724  of projects, a report that includes, but need not be limited to,
  725  the following information for each project listed:
  726         (i) A management policy statement for the project and a
  727  management prospectus pursuant to s. 259.032(7)(b) s.
  728  259.032(7)(c).
  729         Section 6. Section 373.469, Florida Statutes, is created to
  730  read:
  731         373.469Indian River Lagoon Protection Program.—
  732         (1) FINDINGS AND INTENT.—
  733         (a) The Legislature finds that:
  734         1.The Indian River Lagoon is a critical water resource of
  735  this state which provides many economic, natural habitat, and
  736  biodiversity functions that benefit the public interest,
  737  including fishing, navigation, recreation, and habitat to
  738  endangered and threatened species and other flora and fauna.
  739         2.Among other causes, land use changes, onsite sewage
  740  treatment and disposal systems, aging infrastructure, stormwater
  741  runoff, agriculture, and residential fertilizer have resulted in
  742  excess nutrients entering the Indian River Lagoon and adversely
  743  impacting the lagoon’s water quality.
  744         3.Improvement to the hydrology, water quality, and
  745  associated aquatic habitats within the Indian River Lagoon is
  746  essential to the protection of the resource.
  747         4.It is imperative for the state, local governments, and
  748  agricultural and environmental communities to commit to
  749  restoring and protecting the surface water resources of the
  750  Indian River Lagoon, and a holistic approach to address these
  751  issues must be developed and implemented immediately.
  752         5.The expeditious implementation of the Banana River
  753  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  754  Basin Management Action Plan, North Indian River Lagoon Basin
  755  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  756  Plan is necessary to improve the quality of water in the Indian
  757  River Lagoon ecosystem and to provide a reasonable means of
  758  achieving the total maximum daily load requirements and
  759  achieving and maintaining compliance with state water quality
  760  standards.
  761         6.The implementation of the programs contained in this
  762  section will benefit the public health, safety, and welfare and
  763  is in the public interest.
  764         (b) The Legislature intends for this state to protect and
  765  restore surface water resources and achieve and maintain
  766  compliance with water quality standards in the Indian River
  767  Lagoon through the phased, comprehensive, and innovative
  768  protection program set forth in this section, including long
  769  term solutions based upon the total maximum daily loads
  770  established in accordance with s. 403.067. This program is
  771  watershed-based, provides for the consideration of all water
  772  quality issues needed to meet the total maximum daily load, and
  773  includes research and monitoring, development and implementation
  774  of best management practices, refinement of existing
  775  regulations, and structural and nonstructural projects,
  776  including public works.
  777         (2) DEFINITIONS.—As used in this section, the term:
  778         (a) “Best management practice” means a practice or
  779  combination of practices determined by the coordinating
  780  agencies, based on research, field-testing, and expert review,
  781  to be the most effective and practicable on-location means,
  782  including economic and technological considerations, for
  783  improving water quality in agricultural and urban discharges.
  784  Best management practices for agricultural discharges must
  785  reflect a balance between water quality improvements and
  786  agricultural productivity.
  787         (b) “Enhanced nutrient-reducing onsite sewage treatment and
  788  disposal system” means an onsite sewage treatment and disposal
  789  system approved by the department as capable of meeting or
  790  exceeding a 50 percent total nitrogen reduction before disposal
  791  of wastewater in the drainfield, or at least 65 percent total
  792  nitrogen reduction combined from onsite sewage tank or tanks and
  793  drainfield.
  794         (c)“Total maximum daily load” means the sum of the
  795  individual wasteload allocations for point sources and the load
  796  allocations for nonpoint sources and natural background adopted
  797  pursuant to s. 403.067. Before determining individual wasteload
  798  allocations and load allocations, the maximum amount of a
  799  pollutant that a waterbody or water segment can assimilate from
  800  all sources without exceeding water quality standards must first
  801  be calculated.
  802         (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
  803  River Lagoon Protection Program consists of the Banana River
  804  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  805  Basin Management Action Plan, North Indian River Lagoon Basin
  806  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  807  Plan, and such plans are the components of the Indian River
  808  Lagoon Protection Program which achieve phosphorous and nitrogen
  809  load reductions for the Indian River Lagoon.
  810         (a) Evaluation.—Every 5 years, the department shall
  811  evaluate and update the Banana River Lagoon Basin Management
  812  Action Plan, Central Indian River Lagoon Basin Management Action
  813  Plan, and North Indian River Lagoon Basin Management Action Plan
  814  and identify any further load reductions necessary to achieve
  815  compliance with the relevant total maximum daily loads
  816  established pursuant to s. 403.067. As provided in s.
  817  403.067(7)(a)6., such plans must include 5-year milestones for
  818  implementation and water quality improvement and a water quality
  819  monitoring component sufficient to evaluate whether reasonable
  820  progress in pollutant load reductions is being achieved over
  821  time.
  822         (b)Water quality standards and total maximum daily loads.
  823  The department, in coordination with the Department of
  824  Agriculture and Consumer Services, the St. Johns River Water
  825  Management District, South Florida Water Management District,
  826  local governments, the Indian River Lagoon National Estuary
  827  Program, and other stakeholders, shall identify and prioritize
  828  strategies and projects necessary to achieve water quality
  829  standards within the Indian River Lagoon watershed and meet the
  830  total maximum daily loads. Projects identified from this
  831  evaluation must be incorporated into the Banana River Lagoon
  832  Basin Management Action Plan, Central Indian River Lagoon Basin
  833  Management Action Plan, North Indian River Lagoon Basin
  834  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  835  Plan, as appropriate.
  836         (c) Indian River Lagoon Watershed Research and Water
  837  Quality Monitoring Program.—The department, in coordination with
  838  the St. Johns River Water Management District, the South Florida
  839  Water Management District, and the Indian River Lagoon National
  840  Estuary Program, shall implement the Indian River Lagoon
  841  Watershed Research and Water Quality Monitoring Program to
  842  establish a comprehensive water quality monitoring network
  843  throughout the Indian River Lagoon and fund research pertaining
  844  to water quality, ecosystem restoration, and seagrass impacts
  845  and restoration. The department shall use the results from the
  846  program to prioritize projects and to make modifications to the
  847  Banana River Lagoon Basin Management Action Plan, Central Indian
  848  River Lagoon Basin Management Action Plan, North Indian River
  849  Lagoon Basin Management Action Plan, and Mosquito Lagoon
  850  Reasonable Assurance Plan, as appropriate.
  851         (d) Onsite sewage treatment and disposal systems.
  852         1.Beginning on January 1, 2024, unless previously
  853  permitted, the installation of new onsite sewage treatment and
  854  disposal systems is prohibited within the Banana River Lagoon
  855  Basin Management Action Plan, Central Indian River Lagoon Basin
  856  Management Action Plan, North Indian River Lagoon Basin
  857  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  858  Plan areas where a publicly owned or investor-owned sewerage
  859  system is available as defined in s. 381.0065(2)(a). Where
  860  central sewerage is not available, only enhanced nutrient
  861  reducing onsite sewage treatment and disposal systems or other
  862  wastewater treatment systems that achieve at least 65 percent
  863  nitrogen reduction are authorized.
  864         2.By July 1, 2030, any commercial or residential property
  865  with an existing onsite sewage treatment and disposal system
  866  located within the Banana River Lagoon Basin Management Action
  867  Plan, Central Indian River Lagoon Basin Management Action Plan,
  868  North Indian River Lagoon Basin Management Action Plan, and
  869  Mosquito Lagoon Reasonable Assurance Plan areas must connect to
  870  central sewer, if available, or upgrade to an enhanced nutrient-
  871  reducing onsite sewage treatment and disposal system or other
  872  wastewater treatment system that achieves at least 65 percent
  873  nitrogen reduction.
  874         (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
  875  section may not be construed to modify any existing state water
  876  quality standard or to modify s. 403.067(6) and (7)(a).
  877         (5) PRESERVATION OF AUTHORITY.—This section may not be
  878  construed to restrict the authority otherwise granted to
  879  agencies pursuant to this chapter and chapter 403, and this
  880  section is supplemental to the authority granted to agencies
  881  pursuant to this chapter and chapter 403.
  882         (6) RULES.—The department and governing boards of the St.
  883  Johns River Water Management District and South Florida Water
  884  Management District may adopt rules pursuant to ss. 120.536(1)
  885  and 120.54 to implement this section.
  886         Section 7. Subsection (1) of section 373.501, Florida
  887  Statutes, is amended to read:
  888         373.501 Appropriation of funds to water management
  889  districts.—
  890         (1) The department shall transfer may allocate to the water
  891  management districts, from funds appropriated to the districts
  892  through the department in, such sums as may be deemed necessary
  893  to defray the costs of the administrative, regulatory, and other
  894  operational activities of the districts. The governing boards
  895  shall submit annual budget requests for such purposes to the
  896  department, and the department shall consider such budgets in
  897  preparing its budget request for the Legislature. The districts
  898  shall annually report to the department on the use of the funds.
  899         Section 8. Present subsections (2) through (8) of section
  900  373.802, Florida Statutes, are redesignated as subsections (3)
  901  through (9), respectively, and a new subsection (2) is added to
  902  that section, to read:
  903         373.802 Definitions.—As used in this part, the term:
  904         (2) “Enhanced nutrient-reducing onsite sewage treatment and
  905  disposal system” means an onsite sewage treatment and disposal
  906  system approved by the department as capable of meeting or
  907  exceeding a 50 percent total nitrogen reduction before disposal
  908  of wastewater in the drainfield, or at least 65 percent total
  909  nitrogen reduction combined from onsite sewage tank or tanks and
  910  drainfield.
  911         Section 9. Subsections (2) and (3) of section 373.807,
  912  Florida Statutes, are amended to read:
  913         373.807 Protection of water quality in Outstanding Florida
  914  Springs.—By July 1, 2016, the department shall initiate
  915  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  916  Springs or spring systems for which an impairment determination
  917  has not been made under the numeric nutrient standards in effect
  918  for spring vents. Assessments must be completed by July 1, 2018.
  919         (2) By July 1, 2017, each local government, as defined in
  920  s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
  921  pursuant to s. 403.9337, shall develop, enact, and implement an
  922  ordinance pursuant to that section. It is the intent of the
  923  Legislature that ordinances required to be adopted under this
  924  subsection reflect the latest scientific information,
  925  advancements, and technological improvements in the industry.
  926         (3) As part of a basin management action plan that includes
  927  an Outstanding Florida Spring, the department, relevant local
  928  governments, and relevant local public and private wastewater
  929  utilities shall develop an onsite sewage treatment and disposal
  930  system remediation plan for a spring if the department
  931  determines onsite sewage treatment and disposal systems within a
  932  basin management action plan priority focus area contribute at
  933  least 20 percent of nonpoint source nitrogen pollution or if the
  934  department determines remediation is necessary to achieve the
  935  total maximum daily load. The plan must shall identify cost
  936  effective and financially feasible projects necessary to reduce
  937  the nutrient impacts from onsite sewage treatment and disposal
  938  systems and shall be completed and adopted as part of the basin
  939  management action plan no later than the first 5-year milestone
  940  required by subparagraph (1)(b)8. The department is the lead
  941  agency in coordinating the preparation of and the adoption of
  942  the plan. The department shall:
  943         (a) Collect and evaluate credible scientific information on
  944  the effect of nutrients, particularly forms of nitrogen, on
  945  springs and springs systems; and
  946         (b) Develop a public education plan to provide area
  947  residents with reliable, understandable information about onsite
  948  sewage treatment and disposal systems and springs.
  949  
  950  In addition to the requirements in s. 403.067, the plan must
  951  shall include options for repair, upgrade, replacement,
  952  drainfield modification, addition of effective nitrogen reducing
  953  features, connection to a central sewerage system, or other
  954  action for an onsite sewage treatment and disposal system or
  955  group of systems within a basin management action plan priority
  956  focus area that contribute at least 20 percent of nonpoint
  957  source nitrogen pollution or if the department determines
  958  remediation is necessary to achieve a total maximum daily load.
  959  For these systems, the department shall include in the plan a
  960  priority ranking for each system or group of systems that
  961  requires remediation and shall award funds to implement the
  962  remediation projects contingent on an appropriation in the
  963  General Appropriations Act, which may include all or part of the
  964  costs necessary for repair, upgrade, replacement, drainfield
  965  modification, addition of effective nitrogen reducing features,
  966  initial connection to a central sewerage system, or other
  967  action. In awarding funds, the department may consider expected
  968  nutrient reduction benefit per unit cost, size and scope of
  969  project, relative local financial contribution to the project,
  970  and the financial impact on property owners and the community.
  971  The department may waive matching funding requirements for
  972  proposed projects within an area designated as a rural area of
  973  opportunity under s. 288.0656.
  974         Section 10. Section 373.811, Florida Statutes, is amended
  975  to read:
  976         373.811 Prohibited activities within a basin management
  977  action plan priority focus area.—The following activities are
  978  prohibited within a basin management action plan priority focus
  979  area in effect for an Outstanding Florida Spring:
  980         (1) New domestic wastewater disposal facilities, including
  981  rapid infiltration basins, with permitted capacities of 100,000
  982  gallons per day or more, except for those facilities that meet
  983  an advanced wastewater treatment standard of no more than 3 mg/l
  984  total nitrogen, expressed as N, on an annual permitted basis, or
  985  a more stringent treatment standard if the department determines
  986  the more stringent standard is necessary to attain a total
  987  maximum daily load for the Outstanding Florida Spring.
  988         (2) New onsite sewage treatment and disposal systems where
  989  connection to a publicly owned or investor-owned sewerage system
  990  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
  991  or less, if a publicly owned or investor-owned sewerage system
  992  is not available, only the installation of enhanced nutrient
  993  reducing onsite sewage treatment and disposal systems or other
  994  wastewater treatment systems that achieve at least 65 percent
  995  nitrogen reduction is authorized on lots of less than 1 acre, if
  996  the addition of the specific systems conflicts with an onsite
  997  treatment and disposal system remediation plan incorporated into
  998  a basin management action plan in accordance with s. 373.807(3).
  999         (3) New facilities for the disposal of hazardous waste.
 1000         (4) The land application of Class A or Class B domestic
 1001  wastewater biosolids not in accordance with a department
 1002  approved nutrient management plan establishing the rate at which
 1003  all biosolids, soil amendments, and sources of nutrients at the
 1004  land application site can be applied to the land for crop
 1005  production while minimizing the amount of pollutants and
 1006  nutrients discharged to groundwater or waters of the state.
 1007         (5) New agriculture operations that do not implement best
 1008  management practices, measures necessary to achieve pollution
 1009  reduction levels established by the department, or groundwater
 1010  monitoring plans approved by a water management district or the
 1011  department.
 1012         Section 11. Subsection (3) of section 375.041, Florida
 1013  Statutes, is amended to read:
 1014         375.041 Land Acquisition Trust Fund.—
 1015         (3) Funds distributed into the Land Acquisition Trust Fund
 1016  pursuant to s. 201.15 shall be applied:
 1017         (a) First, to pay debt service or to fund debt service
 1018  reserve funds, rebate obligations, or other amounts payable with
 1019  respect to Florida Forever bonds issued under s. 215.618; and
 1020  pay debt service, provide reserves, and pay rebate obligations
 1021  and other amounts due with respect to Everglades restoration
 1022  bonds issued under s. 215.619; and
 1023         (b) Of the funds remaining after the payments required
 1024  under paragraph (a), but before funds may be appropriated,
 1025  pledged, or dedicated for other uses:
 1026         1. A minimum of the lesser of 25 percent or $200 million
 1027  shall be appropriated annually for Everglades projects that
 1028  implement the Comprehensive Everglades Restoration Plan as set
 1029  forth in s. 373.470, including the Central Everglades Planning
 1030  Project subject to congressional authorization; the Long-Term
 1031  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1032  and Estuaries Protection Program as set forth in s. 373.4595.
 1033  From these funds, $32 million shall be distributed each fiscal
 1034  year through the 2023-2024 fiscal year to the South Florida
 1035  Water Management District for the Long-Term Plan as defined in
 1036  s. 373.4592(2). After deducting the $32 million distributed
 1037  under this subparagraph, from the funds remaining, a minimum of
 1038  the lesser of 76.5 percent or $100 million shall be appropriated
 1039  each fiscal year through the 2025-2026 fiscal year for the
 1040  planning, design, engineering, and construction of the
 1041  Comprehensive Everglades Restoration Plan as set forth in s.
 1042  373.470, including the Central Everglades Planning Project, the
 1043  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1044  Okeechobee Watershed Project, the C-43 West Basin Storage
 1045  Reservoir Project, the Indian River Lagoon-South Project, the
 1046  Western Everglades Restoration Project, and the Picayune Strand
 1047  Restoration Project. The Department of Environmental Protection
 1048  and the South Florida Water Management District shall give
 1049  preference to those Everglades restoration projects that reduce
 1050  harmful discharges of water from Lake Okeechobee to the St.
 1051  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1052  purpose of performing the calculation provided in this
 1053  subparagraph, the amount of debt service paid pursuant to
 1054  paragraph (a) for bonds issued after July 1, 2016, for the
 1055  purposes set forth under this paragraph shall be added to the
 1056  amount remaining after the payments required under paragraph
 1057  (a). The amount of the distribution calculated shall then be
 1058  reduced by an amount equal to the debt service paid pursuant to
 1059  paragraph (a) on bonds issued after July 1, 2016, for the
 1060  purposes set forth under this subparagraph.
 1061         2. A minimum of the lesser of 7.6 percent or $50 million
 1062  shall be appropriated annually for spring restoration,
 1063  protection, and management projects. For the purpose of
 1064  performing the calculation provided in this subparagraph, the
 1065  amount of debt service paid pursuant to paragraph (a) for bonds
 1066  issued after July 1, 2016, for the purposes set forth under this
 1067  paragraph shall be added to the amount remaining after the
 1068  payments required under paragraph (a). The amount of the
 1069  distribution calculated shall then be reduced by an amount equal
 1070  to the debt service paid pursuant to paragraph (a) on bonds
 1071  issued after July 1, 2016, for the purposes set forth under this
 1072  subparagraph.
 1073         3. The sum of $5 million shall be appropriated annually
 1074  each fiscal year through the 2025-2026 fiscal year to the St.
 1075  Johns River Water Management District for projects dedicated to
 1076  the restoration of Lake Apopka. This distribution shall be
 1077  reduced by an amount equal to the debt service paid pursuant to
 1078  paragraph (a) on bonds issued after July 1, 2016, for the
 1079  purposes set forth in this subparagraph.
 1080         4. The sum of $64 million is appropriated and shall be
 1081  transferred to the Everglades Trust Fund for the 2018-2019
 1082  fiscal year, and each fiscal year thereafter, for the EAA
 1083  reservoir project pursuant to s. 373.4598. Any funds remaining
 1084  in any fiscal year shall be made available only for Phase II of
 1085  the C-51 reservoir project or projects identified in
 1086  subparagraph 1. and must be used in accordance with laws
 1087  relating to such projects. Any funds made available for such
 1088  purposes in a fiscal year are in addition to the amount
 1089  appropriated under subparagraph 1. This distribution shall be
 1090  reduced by an amount equal to the debt service paid pursuant to
 1091  paragraph (a) on bonds issued after July 1, 2017, for the
 1092  purposes set forth in this subparagraph.
 1093         5. The sum of $50 million shall be appropriated annually to
 1094  the South Florida Water Management District for the Lake
 1095  Okeechobee Watershed Restoration Project in accordance with s.
 1096  373.4599. This distribution must be reduced by an amount equal
 1097  to the debt service paid pursuant to paragraph (a) on bonds
 1098  issued after July 1, 2021, for the purposes set forth in this
 1099  subparagraph.
 1100         6. The sum of $100 million shall be appropriated annually
 1101  to the Department of Environmental Protection for the
 1102  acquisition of land pursuant to s. 259.105 Notwithstanding
 1103  subparagraph 3., for the 2022-2023 fiscal year, funds shall be
 1104  appropriated as provided in the General Appropriations Act. This
 1105  subparagraph expires July 1, 2023.
 1106         Section 12. Present paragraphs (f) through (r) of
 1107  subsection (2) of section 381.0065, Florida Statutes, are
 1108  redesignated as paragraphs (g) through (s), respectively, a new
 1109  paragraph (f) is added to that subsection, and paragraph (n) of
 1110  subsection (4) of that section is amended, to read:
 1111         381.0065 Onsite sewage treatment and disposal systems;
 1112  regulation.—
 1113         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
 1114  term:
 1115         (f) “Enhanced nutrient-reducing onsite sewage treatment and
 1116  disposal system” means an onsite sewage treatment and disposal
 1117  system approved by the department as capable of meeting or
 1118  exceeding a 50 percent total nitrogen reduction before disposal
 1119  of wastewater in the drainfield, or at least 65 percent total
 1120  nitrogen reduction combined from onsite sewage tank or tanks and
 1121  drainfield.
 1122         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
 1123  construct, repair, modify, abandon, or operate an onsite sewage
 1124  treatment and disposal system without first obtaining a permit
 1125  approved by the department. The department may issue permits to
 1126  carry out this section, except that the issuance of a permit for
 1127  work seaward of the coastal construction control line
 1128  established under s. 161.053 shall be contingent upon receipt of
 1129  any required coastal construction control line permit from the
 1130  department. A construction permit is valid for 18 months after
 1131  the date of issuance and may be extended by the department for
 1132  one 90-day period under rules adopted by the department. A
 1133  repair permit is valid for 90 days after the date of issuance.
 1134  An operating permit must be obtained before the use of any
 1135  aerobic treatment unit or if the establishment generates
 1136  commercial waste. Buildings or establishments that use an
 1137  aerobic treatment unit or generate commercial waste shall be
 1138  inspected by the department at least annually to assure
 1139  compliance with the terms of the operating permit. The operating
 1140  permit for a commercial wastewater system is valid for 1 year
 1141  after the date of issuance and must be renewed annually. The
 1142  operating permit for an aerobic treatment unit is valid for 2
 1143  years after the date of issuance and must be renewed every 2
 1144  years. If all information pertaining to the siting, location,
 1145  and installation conditions or repair of an onsite sewage
 1146  treatment and disposal system remains the same, a construction
 1147  or repair permit for the onsite sewage treatment and disposal
 1148  system may be transferred to another person, if the transferee
 1149  files, within 60 days after the transfer of ownership, an
 1150  amended application providing all corrected information and
 1151  proof of ownership of the property. A fee is not associated with
 1152  the processing of this supplemental information. A person may
 1153  not contract to construct, modify, alter, repair, service,
 1154  abandon, or maintain any portion of an onsite sewage treatment
 1155  and disposal system without being registered under part III of
 1156  chapter 489. A property owner who personally performs
 1157  construction, maintenance, or repairs to a system serving his or
 1158  her own owner-occupied single-family residence is exempt from
 1159  registration requirements for performing such construction,
 1160  maintenance, or repairs on that residence, but is subject to all
 1161  permitting requirements. A municipality or political subdivision
 1162  of the state may not issue a building or plumbing permit for any
 1163  building that requires the use of an onsite sewage treatment and
 1164  disposal system unless the owner or builder has received a
 1165  construction permit for such system from the department. A
 1166  building or structure may not be occupied and a municipality,
 1167  political subdivision, or any state or federal agency may not
 1168  authorize occupancy until the department approves the final
 1169  installation of the onsite sewage treatment and disposal system.
 1170  A municipality or political subdivision of the state may not
 1171  approve any change in occupancy or tenancy of a building that
 1172  uses an onsite sewage treatment and disposal system until the
 1173  department has reviewed the use of the system with the proposed
 1174  change, approved the change, and amended the operating permit.
 1175         (n) Evaluations for determining the seasonal high-water
 1176  table elevations or the suitability of soils for the use of a
 1177  new onsite sewage treatment and disposal system shall be
 1178  performed by department personnel, professional engineers
 1179  registered in the state, or such other persons with expertise,
 1180  as defined by rule, in making such evaluations. Evaluations for
 1181  determining mean annual flood lines shall be performed by those
 1182  persons identified in paragraph (2)(l) (2)(k). The department
 1183  shall accept evaluations submitted by professional engineers and
 1184  such other persons as meet the expertise established by this
 1185  section or by rule unless the department has a reasonable
 1186  scientific basis for questioning the accuracy or completeness of
 1187  the evaluation.
 1188         Section 13. Subsections (5) and (6) of section 381.00652,
 1189  Florida Statutes, are amended to read:
 1190         381.00652 Onsite sewage treatment and disposal systems
 1191  technical advisory committee.—
 1192         (5) By January 1 of each year, 2022, the committee shall
 1193  submit its recommendations to the Governor, the President of the
 1194  Senate, and the Speaker of the House of Representatives.
 1195         (6) This section expires August 15, 2022.
 1196         Section 14. Subsection (3) is added to section 381.00655,
 1197  Florida Statutes, to read:
 1198         381.00655 Connection of existing onsite sewage treatment
 1199  and disposal systems to central sewerage system; requirements.—
 1200         (3)Local governmental agencies, as defined in s.
 1201  403.1835(2), that receive grants or loans from the department to
 1202  offset the cost of connecting onsite sewage treatment and
 1203  disposal systems to publicly owned or investor-owned sewerage
 1204  systems are encouraged to do all of the following while such
 1205  funds remain available:
 1206         (a)Identify the owners of onsite sewage treatment and
 1207  disposal systems within the jurisdiction of the respective local
 1208  governmental agency who are eligible to apply for the grant or
 1209  loan funds and notify such owners of the funding availability.
 1210         (b) Maintain a publicly available website with information
 1211  relating to the availability of the grant or loan funds,
 1212  including the amount of funds available and information on how
 1213  the owner of an onsite sewage treatment and disposal system may
 1214  apply for such funds.
 1215         Section 15. Section 403.031, Florida Statutes, is reordered
 1216  and amended to read:
 1217         403.031 Definitions.—In construing this chapter, or rules
 1218  and regulations adopted pursuant hereto, the following words,
 1219  phrases, or terms, unless the context otherwise indicates, have
 1220  the following meanings:
 1221         (1) “Contaminant” is any substance which is harmful to
 1222  plant, animal, or human life.
 1223         (2) “Department” means the Department of Environmental
 1224  Protection.
 1225         (3) “Effluent limitations” means any restriction
 1226  established by the department on quantities, rates, or
 1227  concentrations of chemical, physical, biological, or other
 1228  constituents which are discharged from sources into waters of
 1229  the state.
 1230         (5) “Enhanced nutrient-reducing onsite sewage treatment and
 1231  disposal system” means an onsite sewage treatment and disposal
 1232  system approved by the department as capable of meeting or
 1233  exceeding a 50 percent total nitrogen reduction before disposal
 1234  of wastewater in the drainfield, or at least 65 percent total
 1235  nitrogen reduction combined from onsite sewage tank or tanks and
 1236  drainfield.
 1237         (6)(4) “Installation” means is any structure, equipment, or
 1238  facility, or appurtenances thereto, or operation which may emit
 1239  air or water contaminants in quantities prohibited by rules of
 1240  the department.
 1241         (7)“Nutrient or nutrient-related standards” means water
 1242  quality standards and criteria established for total nitrogen
 1243  and total phosphorous, or their organic or inorganic forms;
 1244  biological variables, such as chlorophyll-a, biomass, or the
 1245  structure of the phytoplankton, periphyton, or vascular plant
 1246  community, that respond to nutrient load or concentration in a
 1247  predictable and measurable manner; or dissolved oxygen if it is
 1248  demonstrated for the waterbody that dissolved oxygen conditions
 1249  result in a biological imbalance and the dissolved oxygen
 1250  responds to a nutrient load or concentration in a predictable
 1251  and measurable manner.
 1252         (8)“Onsite sewage treatment and disposal system” means a
 1253  system that contains a standard subsurface, filled, or mound
 1254  drainfield system; an aerobic treatment unit; a graywater system
 1255  tank; a laundry wastewater system tank; a septic tank; a grease
 1256  interceptor; a pump tank; a solids or effluent pump; a
 1257  waterless, incinerating, or organic waste-composting toilet; or
 1258  a sanitary pit privy that is installed or proposed to be
 1259  installed beyond the building sewer on land of the owner or on
 1260  other land to which the owner has the legal right to install a
 1261  system. The term includes any item placed within, or intended to
 1262  be used as a part of or in conjunction with, the system. The
 1263  term does not include package sewage treatment facilities and
 1264  other treatment works regulated under chapter 403.
 1265         (9)(5) “Person” means the state or any agency or
 1266  institution thereof, the United States or any agency or
 1267  institution thereof, or any municipality, political subdivision,
 1268  public or private corporation, individual, partnership,
 1269  association, or other entity and includes any officer or
 1270  governing or managing body of the state, the United States, any
 1271  agency, any municipality, political subdivision, or public or
 1272  private corporation.
 1273         (10)(6) “Plant” is any unit operation, complex, area, or
 1274  multiple of unit operations that produce, process, or cause to
 1275  be processed any materials, the processing of which can, or may,
 1276  cause air or water pollution.
 1277         (11)(7) “Pollution” is the presence in the outdoor
 1278  atmosphere or waters of the state of any substances,
 1279  contaminants, noise, or manmade or human-induced impairment of
 1280  air or waters or alteration of the chemical, physical,
 1281  biological, or radiological integrity of air or water in
 1282  quantities or at levels which are or may be potentially harmful
 1283  or injurious to human health or welfare, animal or plant life,
 1284  or property or which unreasonably interfere with the enjoyment
 1285  of life or property, including outdoor recreation unless
 1286  authorized by applicable law.
 1287         (12)(8) “Pollution prevention” means the steps taken by a
 1288  potential generator of contamination or pollution to eliminate
 1289  or reduce the contamination or pollution before it is discharged
 1290  into the environment. The term includes nonmandatory steps taken
 1291  to use alternative forms of energy, conserve or reduce the use
 1292  of energy, substitute nontoxic materials for toxic materials,
 1293  conserve or reduce the use of toxic materials and raw materials,
 1294  reformulate products, modify manufacturing or other processes,
 1295  improve in-plant maintenance and operations, implement
 1296  environmental planning before expanding a facility, and recycle
 1297  toxic or other raw materials.
 1298         (14)(9) “Sewerage system” means pipelines or conduits,
 1299  pumping stations, and force mains and all other structures,
 1300  devices, appurtenances, and facilities used for collecting or
 1301  conducting wastes to an ultimate point for treatment or
 1302  disposal.
 1303         (15)(10) “Source” means is any and all points of origin of
 1304  a contaminant the item defined in subsection (1), whether
 1305  privately or publicly owned or operated.
 1306         (21)(11) “Treatment works” and “disposal systems” mean any
 1307  plant or other works used for the purpose of treating,
 1308  stabilizing, or holding wastes.
 1309         (22)(12) “Wastes” means sewage, industrial wastes, and all
 1310  other liquid, gaseous, solid, radioactive, or other substances
 1311  which may pollute or tend to pollute any waters of the state.
 1312         (23)(13) “Waters” include, but are not limited to, rivers,
 1313  lakes, streams, springs, impoundments, wetlands, and all other
 1314  waters or bodies of water, including fresh, brackish, saline,
 1315  tidal, surface, or underground waters. Waters owned entirely by
 1316  one person other than the state are included only in regard to
 1317  possible discharge on other property or water. Underground
 1318  waters include, but are not limited to, all underground waters
 1319  passing through pores of rock or soils or flowing through in
 1320  channels, whether manmade or natural. Solely for purposes of s.
 1321  403.0885, waters of the state also include navigable waters or
 1322  waters of the contiguous zone as used in s. 502 of the Clean
 1323  Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
 1324  existence on January 1, 1993, except for those navigable waters
 1325  seaward of the boundaries of the state set forth in s. 1, Art.
 1326  II of the State Constitution. Solely for purposes of this
 1327  chapter, waters of the state also include the area bounded by
 1328  the following:
 1329         (a) Commence at the intersection of State Road (SRD) 5
 1330  (U.S. 1) and the county line dividing Miami-Dade and Monroe
 1331  Counties, said point also being the mean high-water line of
 1332  Florida Bay, located in section 4, township 60 south, range 39
 1333  east of the Tallahassee Meridian for the point of beginning.
 1334  From said point of beginning, thence run northwesterly along
 1335  said SRD 5 to an intersection with the north line of section 18,
 1336  township 58 south, range 39 east; thence run westerly to a point
 1337  marking the southeast corner of section 12, township 58 south,
 1338  range 37 east, said point also lying on the east boundary of the
 1339  Everglades National Park; thence run north along the east
 1340  boundary of the aforementioned Everglades National Park to a
 1341  point marking the northeast corner of section 1, township 58
 1342  south, range 37 east; thence run west along said park to a point
 1343  marking the northwest corner of said section 1; thence run
 1344  northerly along said park to a point marking the northwest
 1345  corner of section 24, township 57 south, range 37 east; thence
 1346  run westerly along the south lines of sections 14, 15, and 16 to
 1347  the southwest corner of section 16; thence leaving the
 1348  Everglades National Park boundary run northerly along the west
 1349  line of section 16 to the northwest corner of section 16; thence
 1350  east along the northerly line of section 16 to a point at the
 1351  intersection of the east one-half and west one-half of section
 1352  9; thence northerly along the line separating the east one-half
 1353  and the west one-half of sections 9, 4, 33, and 28; thence run
 1354  easterly along the north line of section 28 to the northeast
 1355  corner of section 28; thence run northerly along the west line
 1356  of section 22 to the northwest corner of section 22; thence
 1357  easterly along the north line of section 22 to a point at the
 1358  intersection of the east one-half and west one-half of section
 1359  15; thence run northerly along said line to the point of
 1360  intersection with the north line of section 15; thence easterly
 1361  along the north line of section 15 to the northeast corner of
 1362  section 15; thence run northerly along the west lines of
 1363  sections 11 and 2 to the northwest corner of section 2; thence
 1364  run easterly along the north lines of sections 2 and 1 to the
 1365  northeast corner of section 1, township 56 south, range 37 east;
 1366  thence run north along the east line of section 36, township 55
 1367  south, range 37 east to the northeast corner of section 36;
 1368  thence run west along the north line of section 36 to the
 1369  northwest corner of section 36; thence run north along the west
 1370  line of section 25 to the northwest corner of section 25; thence
 1371  run west along the north line of section 26 to the northwest
 1372  corner of section 26; thence run north along the west line of
 1373  section 23 to the northwest corner of section 23; thence run
 1374  easterly along the north line of section 23 to the northeast
 1375  corner of section 23; thence run north along the west line of
 1376  section 13 to the northwest corner of section 13; thence run
 1377  east along the north line of section 13 to a point of
 1378  intersection with the west line of the southeast one-quarter of
 1379  section 12; thence run north along the west line of the
 1380  southeast one-quarter of section 12 to the northwest corner of
 1381  the southeast one-quarter of section 12; thence run east along
 1382  the north line of the southeast one-quarter of section 12 to the
 1383  point of intersection with the east line of section 12; thence
 1384  run east along the south line of the northwest one-quarter of
 1385  section 7 to the southeast corner of the northwest one-quarter
 1386  of section 7; thence run north along the east line of the
 1387  northwest one-quarter of section 7 to the point of intersection
 1388  with the north line of section 7; thence run northerly along the
 1389  west line of the southeast one-quarter of section 6 to the
 1390  northwest corner of the southeast one-quarter of section 6;
 1391  thence run east along the north lines of the southeast one
 1392  quarter of section 6 and the southwest one-quarter of section 5
 1393  to the northeast corner of the southwest one-quarter of section
 1394  5; thence run northerly along the east line of the northwest
 1395  one-quarter of section 5 to the point of intersection with the
 1396  north line of section 5; thence run northerly along the line
 1397  dividing the east one-half and the west one-half of Lot 5 to a
 1398  point intersecting the north line of Lot 5; thence run east
 1399  along the north line of Lot 5 to the northeast corner of Lot 5,
 1400  township 54 1/2 south, range 38 east; thence run north along the
 1401  west line of section 33, township 54 south, range 38 east to a
 1402  point intersecting the northwest corner of the southwest one
 1403  quarter of section 33; thence run easterly along the north line
 1404  of the southwest one-quarter of section 33 to the northeast
 1405  corner of the southwest one-quarter of section 33; thence run
 1406  north along the west line of the northeast one-quarter of
 1407  section 33 to a point intersecting the north line of section 33;
 1408  thence run easterly along the north line of section 33 to the
 1409  northeast corner of section 33; thence run northerly along the
 1410  west line of section 27 to a point intersecting the northwest
 1411  corner of the southwest one-quarter of section 27; thence run
 1412  easterly to the northeast corner of the southwest one-quarter of
 1413  section 27; thence run northerly along the west line of the
 1414  northeast one-quarter of section 27 to a point intersecting the
 1415  north line of section 27; thence run west along the north line
 1416  of section 27 to the northwest corner of section 27; thence run
 1417  north along the west lines of sections 22 and 15 to the
 1418  northwest corner of section 15; thence run easterly along the
 1419  north lines of sections 15 and 14 to the point of intersection
 1420  with the L-31N Levee, said intersection located near the
 1421  southeast corner of section 11, township 54 south, range 38
 1422  east; thence run northerly along Levee L-31N crossing SRD 90
 1423  (U.S. 41 Tamiami Trail) to an intersection common to Levees L
 1424  31N, L-29, and L-30, said intersection located near the
 1425  southeast corner of section 2, township 54 south, range 38 east;
 1426  thence run northeasterly, northerly, and northeasterly along
 1427  Levee L-30 to a point of intersection with the Miami
 1428  Dade/Broward Levee, said intersection located near the northeast
 1429  corner of section 17, township 52 south, range 39 east; thence
 1430  run due east to a point of intersection with SRD 27 (Krome
 1431  Ave.); thence run northeasterly along SRD 27 to an intersection
 1432  with SRD 25 (U.S. 27), said intersection located in section 3,
 1433  township 52 south, range 39 east; thence run northerly along
 1434  said SRD 25, entering into Broward County, to an intersection
 1435  with SRD 84 at Andytown; thence run southeasterly along the
 1436  aforementioned SRD 84 to an intersection with the southwesterly
 1437  prolongation of Levee L-35A, said intersection being located in
 1438  the northeast one-quarter of section 5, township 50 south, range
 1439  40 east; thence run northeasterly along Levee L-35A to an
 1440  intersection of Levee L-36, said intersection located near the
 1441  southeast corner of section 12, township 49 south, range 40
 1442  east; thence run northerly along Levee L-36, entering into Palm
 1443  Beach County, to an intersection common to said Levees L-36, L
 1444  39, and L-40, said intersection located near the west quarter
 1445  corner of section 19, township 47 south, range 41 east; thence
 1446  run northeasterly, easterly, and northerly along Levee L-40,
 1447  said Levee L-40 being the easterly boundary of the Loxahatchee
 1448  National Wildlife Refuge, to an intersection with SRD 80 (U.S.
 1449  441), said intersection located near the southeast corner of
 1450  section 32, township 43 south, range 40 east; thence run
 1451  westerly along the aforementioned SRD 80 to a point marking the
 1452  intersection of said road and the northeasterly prolongation of
 1453  Levee L-7, said Levee L-7 being the westerly boundary of the
 1454  Loxahatchee National Wildlife Refuge; thence run southwesterly
 1455  and southerly along said Levee L-7 to an intersection common to
 1456  Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
 1457  southwesterly along Levee L-6 to an intersection common to Levee
 1458  L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
 1459  located near the northwest corner of section 27, township 47
 1460  south, range 38 east; thence run westerly along the
 1461  aforementioned Levee L-5 to a point intersecting the east line
 1462  of range 36 east; thence run northerly along said range line to
 1463  a point marking the northeast corner of section 1, township 47
 1464  south, range 36 east; thence run westerly along the north line
 1465  of township 47 south, to an intersection with Levee L-23/24
 1466  (Miami Canal); thence run northwesterly along the Miami Canal
 1467  Levee to a point intersecting the north line of section 22,
 1468  township 46 south, range 35 east; thence run westerly to a point
 1469  marking the northwest corner of section 21, township 46 south,
 1470  range 35 east; thence run southerly to the southwest corner of
 1471  said section 21; thence run westerly to a point marking the
 1472  northwest corner of section 30, township 46 south, range 35
 1473  east, said point also being on the line dividing Palm Beach and
 1474  Hendry Counties; from said point, thence run southerly along
 1475  said county line to a point marking the intersection of Broward,
 1476  Hendry, and Collier Counties, said point also being the
 1477  northeast corner of section 1, township 49 south, range 34 east;
 1478  thence run westerly along the line dividing Hendry and Collier
 1479  Counties and continuing along the prolongation thereof to a
 1480  point marking the southwest corner of section 36, township 48
 1481  south, range 29 east; thence run southerly to a point marking
 1482  the southwest corner of section 12, township 49 south, range 29
 1483  east; thence run westerly to a point marking the southwest
 1484  corner of section 10, township 49 south, range 29 east; thence
 1485  run southerly to a point marking the southwest corner of section
 1486  15, township 49 south, range 29 east; thence run westerly to a
 1487  point marking the northwest corner of section 24, township 49
 1488  south, range 28 east, said point lying on the west boundary of
 1489  the Big Cypress Area of Critical State Concern as described in
 1490  rule 28-25.001, Florida Administrative Code; thence run
 1491  southerly along said boundary crossing SRD 84 (Alligator Alley)
 1492  to a point marking the southwest corner of section 24, township
 1493  50 south, range 28 east; thence leaving the aforementioned west
 1494  boundary of the Big Cypress Area of Critical State Concern run
 1495  easterly to a point marking the northeast corner of section 25,
 1496  township 50 south, range 28 east; thence run southerly along the
 1497  east line of range 28 east to a point lying approximately 0.15
 1498  miles south of the northeast corner of section 1, township 52
 1499  south, range 28 east; thence run southwesterly 2.4 miles more or
 1500  less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
 1501  said intersection lying 1.1 miles more or less west of the east
 1502  line of range 28 east; thence run northwesterly and westerly
 1503  along SRD 90 to an intersection with the west line of section
 1504  10, township 52 south, range 28 east; thence leaving SRD 90 run
 1505  southerly to a point marking the southwest corner of section 15,
 1506  township 52 south, range 28 east; thence run westerly crossing
 1507  the Faka Union Canal 0.6 miles more or less to a point; thence
 1508  run southerly and parallel to the Faka Union Canal to a point
 1509  located on the mean high-water line of Faka Union Bay; thence
 1510  run southeasterly along the mean high-water line of the various
 1511  bays, rivers, inlets, and streams to the point of beginning.
 1512         (b) The area bounded by the line described in paragraph (a)
 1513  generally includes those waters to be known as waters of the
 1514  state. The landward extent of these waters shall be determined
 1515  by the delineation methodology ratified in s. 373.4211. Any
 1516  waters which are outside the general boundary line described in
 1517  paragraph (a) but which are contiguous thereto by virtue of the
 1518  presence of a wetland, watercourse, or other surface water, as
 1519  determined by the delineation methodology ratified in s.
 1520  373.4211, shall be a part of this waterbody water body. Any
 1521  areas within the line described in paragraph (a) which are
 1522  neither a wetland nor surface water, as determined by the
 1523  delineation methodology ratified in s. 373.4211, shall be
 1524  excluded therefrom. If the Florida Environmental Regulation
 1525  Commission designates the waters within the boundaries an
 1526  Outstanding Florida Water, waters outside the boundaries may
 1527  shall not be included as part of such designation unless a
 1528  hearing is held pursuant to notice in each appropriate county
 1529  and the boundaries of such lands are specifically considered and
 1530  described for such designation.
 1531         (16)(14) “State water resource implementation rule” means
 1532  the rule authorized by s. 373.036, which sets forth goals,
 1533  objectives, and guidance for the development and review of
 1534  programs, rules, and plans relating to water resources, based on
 1535  statutory policies and directives. The waters of the state are
 1536  among its most basic resources. Such waters should be managed to
 1537  conserve and protect water resources and to realize the full
 1538  beneficial use of these resources.
 1539         (17)(15) “Stormwater management program” means the
 1540  institutional strategy for stormwater management, including
 1541  urban, agricultural, and other stormwater.
 1542         (18)(16) “Stormwater management system” means a system
 1543  which is designed and constructed or implemented to control
 1544  discharges that which are necessitated by rainfall events,
 1545  incorporating methods to collect, convey, store, absorb,
 1546  inhibit, treat, use, or reuse water to prevent or reduce
 1547  flooding, overdrainage, environmental degradation and water
 1548  pollution or otherwise affect the quantity and quality of
 1549  discharges from the system.
 1550         (19)(17) “Stormwater utility” means the funding of a
 1551  stormwater management program by assessing the cost of the
 1552  program to the beneficiaries based on their relative
 1553  contribution to its need. It is operated as a typical utility
 1554  which bills services regularly, similar to water and wastewater
 1555  services.
 1556         (24)(18) “Watershed” means the land area that which
 1557  contributes to the flow of water into a receiving body of water.
 1558         (13)(19) “Regulated air pollutant” means any pollutant
 1559  regulated under the federal Clean Air Act.
 1560         (4)(20) “Electrical power plant” means, for purposes of
 1561  this part of this chapter, any electrical generating facility
 1562  that uses any process or fuel and that is owned or operated by
 1563  an electric utility, as defined in s. 403.503(14), and includes
 1564  any associated facility that directly supports the operation of
 1565  the electrical power plant.
 1566         (20)(21) “Total maximum daily load” is defined as the sum
 1567  of the individual wasteload allocations for point sources and
 1568  the load allocations for nonpoint sources and natural
 1569  background. Prior to determining individual wasteload
 1570  allocations and load allocations, the maximum amount of a
 1571  pollutant that a waterbody water body or water segment can
 1572  assimilate from all sources without exceeding water quality
 1573  standards must first be calculated.
 1574         Section 16. Paragraphs (a) and (e) of subsection (7) of
 1575  section 403.067, Florida Statutes, are amended to read:
 1576         403.067 Establishment and implementation of total maximum
 1577  daily loads.—
 1578         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1579  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1580         (a) Basin management action plans.—
 1581         1. In developing and implementing the total maximum daily
 1582  load for a waterbody water body, the department, or the
 1583  department in conjunction with a water management district, may
 1584  develop a basin management action plan that addresses some or
 1585  all of the watersheds and basins tributary to the waterbody
 1586  water body. Such plan must integrate the appropriate management
 1587  strategies available to the state through existing water quality
 1588  protection programs to achieve the total maximum daily loads and
 1589  may provide for phased implementation of these management
 1590  strategies to promote timely, cost-effective actions as provided
 1591  for in s. 403.151. The plan must establish a schedule
 1592  implementing the management strategies, establish a basis for
 1593  evaluating the plan’s effectiveness, and identify feasible
 1594  funding strategies for implementing the plan’s management
 1595  strategies. The management strategies may include regional
 1596  treatment systems or other public works, when appropriate, and
 1597  voluntary trading of water quality credits to achieve the needed
 1598  pollutant load reductions.
 1599         2. A basin management action plan must equitably allocate,
 1600  pursuant to paragraph (6)(b), pollutant reductions to individual
 1601  basins, as a whole to all basins, or to each identified point
 1602  source or category of nonpoint sources, as appropriate. For
 1603  nonpoint sources for which best management practices have been
 1604  adopted, the initial requirement specified by the plan must be
 1605  those practices developed pursuant to paragraph (c). When
 1606  appropriate, the plan may take into account the benefits of
 1607  pollutant load reduction achieved by point or nonpoint sources
 1608  that have implemented management strategies to reduce pollutant
 1609  loads, including best management practices, before the
 1610  development of the basin management action plan. The plan must
 1611  also identify the mechanisms that will address potential future
 1612  increases in pollutant loading.
 1613         3. The basin management action planning process is intended
 1614  to involve the broadest possible range of interested parties,
 1615  with the objective of encouraging the greatest amount of
 1616  cooperation and consensus possible. In developing a basin
 1617  management action plan, the department shall assure that key
 1618  stakeholders, including, but not limited to, applicable local
 1619  governments, water management districts, the Department of
 1620  Agriculture and Consumer Services, other appropriate state
 1621  agencies, local soil and water conservation districts,
 1622  environmental groups, regulated interests, and affected
 1623  pollution sources, are invited to participate in the process.
 1624  The department shall hold at least one public meeting in the
 1625  vicinity of the watershed or basin to discuss and receive
 1626  comments during the planning process and shall otherwise
 1627  encourage public participation to the greatest practicable
 1628  extent. Notice of the public meeting must be published in a
 1629  newspaper of general circulation in each county in which the
 1630  watershed or basin lies at least 5 days, but not more than 15
 1631  days, before the public meeting. A basin management action plan
 1632  does not supplant or otherwise alter any assessment made under
 1633  subsection (3) or subsection (4) or any calculation or initial
 1634  allocation.
 1635         4. Each new or revised basin management action plan must
 1636  shall include all of the following:
 1637         a. The appropriate management strategies available through
 1638  existing water quality protection programs to achieve total
 1639  maximum daily loads, which may provide for phased implementation
 1640  to promote timely, cost-effective actions as provided for in s.
 1641  403.151.;
 1642         b. A description of best management practices adopted by
 1643  rule.;
 1644         c. For the applicable 5-year implementation milestone, a
 1645  list of projects that will achieve the pollutant load reductions
 1646  needed to meet the total maximum daily load or the load
 1647  allocations established pursuant to subsection (6). Each project
 1648  must include a planning-level cost estimate and an estimated
 1649  date of completion. A list of projects in priority ranking with
 1650  a planning-level cost estimate and estimated date of completion
 1651  for each listed project;
 1652         d.A list of projects developed pursuant to paragraph (e),
 1653  if applicable.
 1654         e.d. The source and amount of financial assistance to be
 1655  made available by the department, a water management district,
 1656  or other entity for each listed project, if applicable.; and
 1657         f.e. A planning-level estimate of each listed project’s
 1658  expected load reduction, if applicable.
 1659         5. The department shall adopt all or any part of a basin
 1660  management action plan and any amendment to such plan by
 1661  secretarial order pursuant to chapter 120 to implement this
 1662  section.
 1663         6. The basin management action plan must include 5-year
 1664  milestones for implementation and water quality improvement, and
 1665  an associated water quality monitoring component sufficient to
 1666  evaluate whether reasonable progress in pollutant load
 1667  reductions is being achieved over time. An assessment of
 1668  progress toward these milestones shall be conducted every 5
 1669  years, and revisions to the plan shall be made as appropriate.
 1670  Any entity with a specific pollutant load reduction requirement
 1671  established in a basin management action plan shall identify the
 1672  projects or strategies that such entity will undertake to meet
 1673  current 5-year pollution reduction milestones, beginning with
 1674  the first 5-year milestone for new basin management action
 1675  plans, and submit such projects to the department for inclusion
 1676  in the appropriate basin management action plan. Each project
 1677  identified must include an estimated amount of nutrient
 1678  reduction that is reasonably expected to be achieved based on
 1679  the best scientific information available. Revisions to the
 1680  basin management action plan shall be made by the department in
 1681  cooperation with basin stakeholders. Revisions to the management
 1682  strategies required for nonpoint sources must follow the
 1683  procedures in subparagraph (c)4. Revised basin management action
 1684  plans must be adopted pursuant to subparagraph 5.
 1685         7. In accordance with procedures adopted by rule under
 1686  paragraph (9)(c), basin management action plans, and other
 1687  pollution control programs under local, state, or federal
 1688  authority as provided in subsection (4), may allow point or
 1689  nonpoint sources that will achieve greater pollutant reductions
 1690  than required by an adopted total maximum daily load or
 1691  wasteload allocation to generate, register, and trade water
 1692  quality credits for the excess reductions to enable other
 1693  sources to achieve their allocation; however, the generation of
 1694  water quality credits does not remove the obligation of a source
 1695  or activity to meet applicable technology requirements or
 1696  adopted best management practices. Such plans must allow trading
 1697  between NPDES permittees, and trading that may or may not
 1698  involve NPDES permittees, where the generation or use of the
 1699  credits involve an entity or activity not subject to department
 1700  water discharge permits whose owner voluntarily elects to obtain
 1701  department authorization for the generation and sale of credits.
 1702         8. The department’s rule relating to the equitable
 1703  abatement of pollutants into surface waters does do not apply to
 1704  waterbodies water bodies or waterbody water body segments for
 1705  which a basin management plan that takes into account future new
 1706  or expanded activities or discharges has been adopted under this
 1707  section.
 1708         9. In order to promote resilient wastewater utilities, if
 1709  the department identifies domestic wastewater treatment
 1710  facilities or onsite sewage treatment and disposal systems as
 1711  contributors of at least 20 percent of point source or nonpoint
 1712  source nutrient pollution or if the department determines
 1713  remediation is necessary to achieve the total maximum daily
 1714  load, a basin management action plan for a nutrient total
 1715  maximum daily load must include the following:
 1716         a. A wastewater treatment plan developed by each local
 1717  government, in cooperation with the department, the water
 1718  management district, and the public and private domestic
 1719  wastewater treatment facilities within the jurisdiction of the
 1720  local government, that addresses domestic wastewater. The
 1721  wastewater treatment plan must:
 1722         (I) Provide for construction, expansion, or upgrades
 1723  necessary to achieve the total maximum daily load requirements
 1724  applicable to the domestic wastewater treatment facility.
 1725         (II) Include the permitted capacity in average annual
 1726  gallons per day for the domestic wastewater treatment facility;
 1727  the average nutrient concentration and the estimated average
 1728  nutrient load of the domestic wastewater; a projected timeline
 1729  of the dates by which the construction of any facility
 1730  improvements will begin and be completed and the date by which
 1731  operations of the improved facility will begin; the estimated
 1732  cost of the improvements; and the identity of responsible
 1733  parties.
 1734  
 1735  The wastewater treatment plan must be adopted as part of the
 1736  basin management action plan no later than July 1, 2025. A local
 1737  government that does not have a domestic wastewater treatment
 1738  facility in its jurisdiction is not required to develop a
 1739  wastewater treatment plan unless there is a demonstrated need to
 1740  establish a domestic wastewater treatment facility within its
 1741  jurisdiction to improve water quality necessary to achieve a
 1742  total maximum daily load. A local government is not responsible
 1743  for a private domestic wastewater facility’s compliance with a
 1744  basin management action plan unless such facility is operated
 1745  through a public-private partnership to which the local
 1746  government is a party.
 1747         b. An onsite sewage treatment and disposal system
 1748  remediation plan developed by each local government in
 1749  cooperation with the department, the Department of Health, water
 1750  management districts, and public and private domestic wastewater
 1751  treatment facilities.
 1752         (I) The onsite sewage treatment and disposal system
 1753  remediation plan must identify cost-effective and financially
 1754  feasible projects necessary to achieve the nutrient load
 1755  reductions required for onsite sewage treatment and disposal
 1756  systems. To identify cost-effective and financially feasible
 1757  projects for remediation of onsite sewage treatment and disposal
 1758  systems, the local government shall:
 1759         (A) Include an inventory of onsite sewage treatment and
 1760  disposal systems based on the best information available;
 1761         (B) Identify onsite sewage treatment and disposal systems
 1762  that would be eliminated through connection to existing or
 1763  future central domestic wastewater infrastructure in the
 1764  jurisdiction or domestic wastewater service area of the local
 1765  government, that would be replaced with or upgraded to enhanced
 1766  nutrient-reducing onsite sewage treatment and disposal systems,
 1767  or that would remain on conventional onsite sewage treatment and
 1768  disposal systems;
 1769         (C) Estimate the costs of potential onsite sewage treatment
 1770  and disposal system connections, upgrades, or replacements; and
 1771         (D) Identify deadlines and interim milestones for the
 1772  planning, design, and construction of projects.
 1773         (II) The department shall adopt the onsite sewage treatment
 1774  and disposal system remediation plan as part of the basin
 1775  management action plan no later than July 1, 2025, or as
 1776  required for Outstanding Florida Springs under s. 373.807.
 1777         10. The installation of new onsite sewage treatment and
 1778  disposal systems constructed within a basin management action
 1779  plan area adopted under this section, a reasonable assurance
 1780  plan, or a pollution reduction plan is prohibited where
 1781  connection to a publicly owned or investor-owned sewerage system
 1782  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1783  or less within a basin management action plan adopted under this
 1784  section, a reasonable assurance plan, or a pollution reduction
 1785  plan where a publicly owned or investor-owned sewerage system is
 1786  not available, the installation of enhanced nutrient-reducing
 1787  onsite sewage treatment and disposal systems or other wastewater
 1788  treatment systems that achieve at least 65 percent nitrogen
 1789  reduction is required.
 1790         11.10. When identifying wastewater projects in a basin
 1791  management action plan, the department may not require the
 1792  higher cost option if it achieves the same nutrient load
 1793  reduction as a lower cost option. A regulated entity may choose
 1794  a different cost option if it complies with the pollutant
 1795  reduction requirements of an adopted total maximum daily load
 1796  and meets or exceeds the pollution reduction requirement of the
 1797  original project.
 1798         12.Annually, local governments subject to a basin
 1799  management action plan or located within the basin of a
 1800  waterbody not attaining nutrient or nutrient-related standards
 1801  must provide to the department an update on the status of
 1802  construction of sanitary sewers to serve such areas, in a manner
 1803  prescribed by the department.
 1804         (e) Cooperative agricultural regional water quality
 1805  improvement element.—
 1806         1. The department and, the Department of Agriculture and
 1807  Consumer Services, in cooperation with and owners of
 1808  agricultural operations in the basin, shall develop a
 1809  cooperative agricultural regional water quality improvement
 1810  element as part of a basin management action plan where only if:
 1811         a. Agricultural measures have been adopted by the
 1812  Department of Agriculture and Consumer Services pursuant to
 1813  subparagraph (c)2. and have been implemented and the water body
 1814  remains impaired;
 1815         b. Agricultural nonpoint sources contribute to at least 20
 1816  percent of nonpoint source nutrient discharges; or and
 1817         b.c. The department determines that additional measures, in
 1818  combination with state-sponsored regional projects and other
 1819  management strategies included in the basin management action
 1820  plan, are necessary to achieve the total maximum daily load.
 1821         2. The element will be implemented through the use of cost
 1822  effective and technically and financially practical cooperative
 1823  regional agricultural nutrient reduction cost-sharing projects
 1824  and. The element must include a list of such projects submitted
 1825  to the department by the Department of Agriculture and Consumer
 1826  Services which, in combination with the best management
 1827  practices, additional measures, and other management strategies,
 1828  will achieve the needed pollutant load reductions established
 1829  for agricultural nonpoint sources cost-effective and technically
 1830  and financially practical cooperative regional agricultural
 1831  nutrient reduction projects that can be implemented on private
 1832  properties on a site-specific, cooperative basis. Such
 1833  cooperative regional agricultural nutrient reduction projects
 1834  may include, but are not limited to, land acquisition in fee or
 1835  conservation easements on the lands of willing sellers and site
 1836  specific water quality improvement or dispersed water management
 1837  projects. The list of regional projects included in the
 1838  cooperative agricultural regional water quality improvement
 1839  element must include a planning-level cost estimate of each
 1840  project along with the estimated amount of nutrient reduction
 1841  that such project will achieve on the lands of project
 1842  participants.
 1843         3. To qualify for participation in the cooperative
 1844  agricultural regional water quality improvement element, the
 1845  participant must have already implemented and be in compliance
 1846  with best management practices or other measures adopted by the
 1847  Department of Agriculture and Consumer Services pursuant to
 1848  subparagraph (c)2. The element must may be included in the basin
 1849  management action plan as a part of the next 5-year assessment
 1850  under subparagraph (a)6.
 1851         4. The department or the Department of Agriculture and
 1852  Consumer Services may submit a legislative budget request to
 1853  fund projects developed pursuant to this paragraph. In
 1854  allocating funds for projects funded pursuant to this paragraph,
 1855  the department shall provide at least 20 percent of its annual
 1856  appropriation for projects in subbasins with the highest
 1857  nutrient concentrations within a basin management action plan.
 1858  Projects submitted pursuant to this paragraph are eligible for
 1859  funding in accordance with s. 403.0673.
 1860         Section 17. Section 403.0673, Florida Statutes, is amended
 1861  to read:
 1862         403.0673 Water quality improvement Wastewater grant
 1863  program.—A wastewater grant program is established within the
 1864  Department of Environmental Protection to address wastewater,
 1865  stormwater, and agricultural sources of nutrient loading to
 1866  surface water or groundwater.
 1867         (1) The purpose of the grant program is to fund projects
 1868  that will improve the quality of waters that:
 1869         (a)Are not attaining nutrient or nutrient-related
 1870  standards;
 1871         (b)Have an established total maximum daily load; or
 1872         (c)Are located Subject to the appropriation of funds by
 1873  the Legislature, the department may provide grants for the
 1874  following projects within a basin management action plan area, a
 1875  reasonable assurance plan area an alternative restoration plan
 1876  adopted by final order, an accepted alternative restoration plan
 1877  area, or a rural area of opportunity under s. 288.0656.
 1878         (2) The department may provide grants for all of the
 1879  following types of projects that reduce the amount of nutrients
 1880  entering a waterbody identified in subsection (1):
 1881         (a)Connecting onsite sewage treatment and disposal systems
 1882  to central sewer facilities.
 1883         (b)Upgrading domestic wastewater treatment facilities to
 1884  advanced waste treatment or greater.
 1885         (c)Repairing, upgrading, expanding, or constructing
 1886  stormwater treatment facilities that result in improvements to
 1887  surface water or groundwater quality.
 1888         (d)Repairing, upgrading, expanding, or constructing
 1889  domestic wastewater treatment facilities that result in
 1890  improvements to surface water or groundwater quality, including
 1891  domestic wastewater reuse and collection systems.
 1892         (e)Projects identified pursuant to s. 403.067(7)(a) or
 1893  (7)(e).
 1894         (f)Projects identified in a wastewater treatment plan or
 1895  an onsite sewage treatment and disposal system remediation plan
 1896  developed pursuant to s. 403.067(7)(a)9.a. and b.
 1897         (g)Projects listed in a city or county capital improvement
 1898  element pursuant to s. 163.3177(3)(a)4.b.
 1899         (h)Retrofitting onsite sewage treatment and disposal
 1900  systems to upgrade such systems to enhanced nutrient-reducing
 1901  onsite sewage treatment and disposal systems where central
 1902  sewerage is unavailable which will individually or collectively
 1903  reduce excess nutrient pollution:
 1904         (a) Projects to retrofit onsite sewage treatment and
 1905  disposal systems to upgrade such systems to enhanced nutrient
 1906  reducing onsite sewage treatment and disposal systems.
 1907         (b) Projects to construct, upgrade, or expand facilities to
 1908  provide advanced waste treatment, as defined in s. 403.086(4).
 1909         (c) Projects to connect onsite sewage treatment and
 1910  disposal systems to central sewer facilities.
 1911         (3)(2)In allocating such funds, priority must be given to
 1912  projects that subsidize the connection of onsite sewage
 1913  treatment and disposal systems to wastewater treatment
 1914  facilities. First priority must be given to subsidize the
 1915  connection of onsite sewage treatment and disposal systems to
 1916  existing infrastructure. Second priority must be given to any
 1917  expansion of a collection or transmission system that promotes
 1918  efficiency by planning the installation of wastewater
 1919  transmission facilities to be constructed concurrently with
 1920  other construction projects occurring within or along a
 1921  transportation facility right-of-way. Third priority must be
 1922  given to all other connections of onsite sewage treatment and
 1923  disposal systems to wastewater treatment facilities. The
 1924  department shall consider and prioritize those projects that:
 1925         (a)Have the maximum estimated reduction in nutrient load
 1926  per project;
 1927         (b)Demonstrate project readiness;
 1928         (c)Are cost-effective;
 1929         (d)Have a cost share identified by the applicant, except
 1930  for rural areas of opportunity;
 1931         (e)Have previous state commitment and involvement in the
 1932  project, considering previously funded phases, the total amount
 1933  of previous state funding, and previous partial appropriations
 1934  for the proposed project; or
 1935         (f)Are in a the cost-effectiveness of the project; the
 1936  overall environmental benefit of a project; the location where
 1937  reductions are needed most to attain the water quality standards
 1938  of a waterbody not attaining nutrient or nutrient-related
 1939  standards.
 1940  
 1941  Any project that does not result in reducing nutrient loading to
 1942  a waterbody identified in subsection (1) is not eligible for
 1943  funding under this section of a project; the availability of
 1944  local matching funds; and projected water savings or quantity
 1945  improvements associated with a project.
 1946         (3)Each grant for a project described in subsection (1)
 1947  must require a minimum of a 50-percent local match of funds.
 1948  However, the department may, at its discretion, waive, in whole
 1949  or in part, this consideration of the local contribution for
 1950  proposed projects within an area designated as a rural area of
 1951  opportunity under s. 288.0656.
 1952         (4) The department shall coordinate annually with each
 1953  water management district, as necessary, to identify potential
 1954  projects grant recipients in each district.
 1955         (5) The department shall coordinate with local governments
 1956  and stakeholders to identify the most effective and beneficial
 1957  water quality improvement projects.
 1958         (6)The department shall coordinate with the Department of
 1959  Agriculture and Consumer Services to prioritize the most
 1960  effective and beneficial agricultural nonpoint source projects
 1961  identified pursuant to s. 403.067(7)(e).
 1962         (7) Beginning January 15, 2024 1, 2021, and each January 15
 1963  1 thereafter, the department shall submit a report regarding the
 1964  projects funded pursuant to this section to the Governor, the
 1965  President of the Senate, and the Speaker of the House of
 1966  Representatives. The report must include a list of those
 1967  projects receiving funding and the following information for
 1968  each project:
 1969         (a)A description of the project;
 1970         (b)The cost of the project;
 1971         (c)The estimated nutrient load reduction of the project;
 1972         (d)The location of the project;
 1973         (e)The waterbody or waterbodies where the project will
 1974  reduce nutrients; and
 1975         (f)The total cost share being provided for the project.
 1976         Section 18. Paragraph (c) of subsection (1) of section
 1977  403.086, Florida Statutes, is amended to read:
 1978         403.086 Sewage disposal facilities; advanced and secondary
 1979  waste treatment.—
 1980         (1)
 1981         (c)1. Notwithstanding this chapter or chapter 373, sewage
 1982  disposal facilities may not dispose of any wastes into the
 1983  following waters without providing advanced waste treatment, as
 1984  defined in subsection (4), as approved by the department or a
 1985  more stringent treatment standard if the department determines
 1986  the more stringent standard is necessary to achieve the total
 1987  maximum daily load or applicable water quality criteria:
 1988         a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega
 1989  Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
 1990  Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay,
 1991  Biscayne Bay, or any river, stream, channel, canal, bay, bayou,
 1992  sound, or other water tributary thereto.,
 1993         b. Beginning July 1, 2025, Indian River Lagoon, or into any
 1994  river, stream, channel, canal, bay, bayou, sound, or other water
 1995  tributary thereto.
 1996         c.By January 1, 2033, waterbodies that are currently not
 1997  attaining nutrient or nutrient-related standards or that are
 1998  subject to a nutrient or nutrient-related basin management
 1999  action plan adopted pursuant to s. 403.067 or adopted reasonable
 2000  assurance plan.
 2001         2.For any waterbody determined not to be attaining
 2002  nutrient or nutrient-related standards after July 1, 2023, or
 2003  subject to a nutrient or nutrient-related basin management
 2004  action plan adopted pursuant to s. 403.067 or adopted reasonable
 2005  assurance plan after July 1, 2023, sewage disposal facilities
 2006  are prohibited from disposing any wastes into such waters
 2007  without providing advanced waste treatment, as defined in
 2008  subsection (4), as approved by the department within 10 years
 2009  after such determination or adoption, without providing advanced
 2010  waste treatment, as defined in subsection (4), approved by the
 2011  department. This paragraph does not apply to facilities which
 2012  were permitted by February 1, 1987, and which discharge
 2013  secondary treated effluent, followed by water hyacinth
 2014  treatment, to tributaries of tributaries of the named waters; or
 2015  to facilities permitted to discharge to the nontidally
 2016  influenced portions of the Peace River.
 2017         Section 19. Subsection (10) of section 570.71, Florida
 2018  Statutes, is amended, and subsection (14) is added to that
 2019  section, to read:
 2020         570.71 Conservation easements and agreements.—
 2021         (10) The department, in consultation with the Department of
 2022  Environmental Protection, the water management districts, the
 2023  Department of Economic Opportunity, and the Florida Fish and
 2024  Wildlife Conservation Commission, shall adopt rules that
 2025  establish an application process;, a process and criteria for
 2026  setting priorities for use of funds consistent with the purposes
 2027  specified in subsection (1) and giving preference to ranch and
 2028  timber lands managed using sustainable practices, lands in
 2029  imminent danger of development or degradation, or lands within
 2030  the Florida wildlife corridor as defined in s. 259.1055(4); an
 2031  appraisal process;, and a process for title review and
 2032  compliance and approval of the rules by the Board of Trustees of
 2033  the Internal Improvement Trust Fund.
 2034         (14)Notwithstanding any other law or rule, the department
 2035  shall submit a purchase agreement authorized by this section to
 2036  the Board of Trustees of the Internal Improvement Trust Fund for
 2037  approval only if the purchase price exceeds $5 million.
 2038         Section 20. Paragraph (b) of subsection (1) and subsection
 2039  (5) of section 570.715, Florida Statutes, are amended to read:
 2040         570.715 Conservation easement acquisition procedures.—
 2041         (1) For less than fee simple acquisitions pursuant to s.
 2042  570.71, the Department of Agriculture and Consumer Services
 2043  shall comply with the following acquisition procedures:
 2044         (b) Before approval by the board of trustees of an
 2045  agreement to purchase less than fee simple title to land
 2046  pursuant to s. 570.71, an appraisal of the parcel shall be
 2047  required as follows:
 2048         1. Each parcel to be acquired shall have at least one
 2049  appraisal. Two appraisals are required when the estimated value
 2050  of the parcel exceeds $5 $1 million. However, when both
 2051  appraisals exceed $5 $1 million and differ significantly, a
 2052  third appraisal may be obtained.
 2053         2. Appraisal fees and associated costs shall be paid by the
 2054  department. All appraisals used for the acquisition of less than
 2055  fee simple interest in lands pursuant to this section shall be
 2056  prepared by a state-certified appraiser who meets the standards
 2057  and criteria established by rule of the board of trustees. Each
 2058  appraiser selected to appraise a particular parcel shall, before
 2059  contracting with the department or a participant in a multiparty
 2060  agreement, submit to the department or participant an affidavit
 2061  substantiating that he or she has no vested or fiduciary
 2062  interest in such parcel.
 2063         (5) Appraisal reports are confidential and exempt from s.
 2064  119.07(1), for use by the department and the board of trustees,
 2065  until an option contract is executed or, if an option contract
 2066  is not executed, until 2 weeks before a contract or agreement
 2067  for purchase is considered for approval by the board of
 2068  trustees. However, the department shall has the authority, at
 2069  its discretion, to disclose appraisal reports to private
 2070  landowners or their representatives during negotiations for
 2071  acquisitions using alternatives to fee simple techniques, if the
 2072  department determines that disclosure of such reports will bring
 2073  the proposed acquisition to closure. The department may also
 2074  disclose appraisal information to public agencies or nonprofit
 2075  organizations that agree to maintain the confidentiality of the
 2076  reports or information when joint acquisition of property is
 2077  contemplated, or when a public agency or nonprofit organization
 2078  enters into a written multiparty agreement with the department.
 2079  For purposes of this subsection, the term “nonprofit
 2080  organization” means an organization whose purposes include the
 2081  preservation of natural resources, and which is exempt from
 2082  federal income tax under s. 501(c)(3) of the Internal Revenue
 2083  Code. The department may release an appraisal report when the
 2084  passage of time has rendered the conclusions of value in the
 2085  report invalid or when the department has terminated
 2086  negotiations.
 2087         Section 21. Paragraph (h) of subsection (4) of section
 2088  201.15, Florida Statutes, is amended to read:
 2089         201.15 Distribution of taxes collected.—All taxes collected
 2090  under this chapter are hereby pledged and shall be first made
 2091  available to make payments when due on bonds issued pursuant to
 2092  s. 215.618 or s. 215.619, or any other bonds authorized to be
 2093  issued on a parity basis with such bonds. Such pledge and
 2094  availability for the payment of these bonds shall have priority
 2095  over any requirement for the payment of service charges or costs
 2096  of collection and enforcement under this section. All taxes
 2097  collected under this chapter, except taxes distributed to the
 2098  Land Acquisition Trust Fund pursuant to subsections (1) and (2),
 2099  are subject to the service charge imposed in s. 215.20(1).
 2100  Before distribution pursuant to this section, the Department of
 2101  Revenue shall deduct amounts necessary to pay the costs of the
 2102  collection and enforcement of the tax levied by this chapter.
 2103  The costs and service charge may not be levied against any
 2104  portion of taxes pledged to debt service on bonds to the extent
 2105  that the costs and service charge are required to pay any
 2106  amounts relating to the bonds. All of the costs of the
 2107  collection and enforcement of the tax levied by this chapter and
 2108  the service charge shall be available and transferred to the
 2109  extent necessary to pay debt service and any other amounts
 2110  payable with respect to bonds authorized before January 1, 2017,
 2111  secured by revenues distributed pursuant to this section. All
 2112  taxes remaining after deduction of costs shall be distributed as
 2113  follows:
 2114         (4) After the required distributions to the Land
 2115  Acquisition Trust Fund pursuant to subsections (1) and (2) and
 2116  deduction of the service charge imposed pursuant to s.
 2117  215.20(1), the remainder shall be distributed as follows:
 2118         (h) An amount equaling 5.4175 percent of the remainder
 2119  shall be paid into the Water Protection and Sustainability
 2120  Program Trust Fund to be used to fund water quality improvement
 2121  wastewater grants as specified in s. 403.0673.
 2122         Section 22. Paragraph (l) of subsection (3), paragraph (a)
 2123  of subsection (5), and paragraph (i) of subsection (15) of
 2124  section 259.105, Florida Statutes, are amended to read:
 2125         259.105 The Florida Forever Act.—
 2126         (3) Less the costs of issuing and the costs of funding
 2127  reserve accounts and other costs associated with bonds, the
 2128  proceeds of cash payments or bonds issued pursuant to this
 2129  section shall be deposited into the Florida Forever Trust Fund
 2130  created by s. 259.1051. The proceeds shall be distributed by the
 2131  Department of Environmental Protection in the following manner:
 2132         (l) For the purposes of paragraphs (e), (f), (g), and (h),
 2133  the agencies that receive the funds shall develop their
 2134  individual acquisition or restoration lists in accordance with
 2135  specific criteria and numeric performance measures developed
 2136  pursuant to s. 259.035(4). Proposed additions may be acquired if
 2137  they are identified within the original project boundary, the
 2138  management plan required pursuant to s. 253.034(5), or the
 2139  management prospectus required pursuant to s. 259.032(7)(b) s.
 2140  259.032(7)(c). Proposed additions not meeting the requirements
 2141  of this paragraph shall be submitted to the council for
 2142  approval. The council may only approve the proposed addition if
 2143  it meets two or more of the following criteria: serves as a link
 2144  or corridor to other publicly owned property; enhances the
 2145  protection or management of the property; would add a desirable
 2146  resource to the property; would create a more manageable
 2147  boundary configuration; has a high resource value that otherwise
 2148  would be unprotected; or can be acquired at less than fair
 2149  market value.
 2150         (5)(a) All lands acquired pursuant to this section shall be
 2151  managed for multiple-use purposes, where compatible with the
 2152  resource values of and management objectives for such lands. As
 2153  used in this section, “multiple-use” includes, but is not
 2154  limited to, outdoor recreational activities as described in ss.
 2155  253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b), water
 2156  resource development projects, sustainable forestry management,
 2157  carbon sequestration, carbon mitigation, or carbon offsets.
 2158         (15) The council shall submit to the board, with its list
 2159  of projects, a report that includes, but need not be limited to,
 2160  the following information for each project listed:
 2161         (i) A management policy statement for the project and a
 2162  management prospectus pursuant to s. 259.032(7)(b) s.
 2163  259.032(7)(c).
 2164         Section 23. Subsection (17) of section 373.019, Florida
 2165  Statutes, is amended to read:
 2166         373.019 Definitions.—When appearing in this chapter or in
 2167  any rule, regulation, or order adopted pursuant thereto, the
 2168  term:
 2169         (17) “Reclaimed water” means water that has received at
 2170  least secondary treatment and basic disinfection and is reused
 2171  after flowing out of a domestic wastewater treatment facility.
 2172  Reclaimed water is not subject to regulation pursuant to s.
 2173  373.175 or part II of this chapter until it has been discharged
 2174  into waters as defined in s. 403.031 s. 403.031(13).
 2175         Section 24. Section 373.4132, Florida Statutes, is amended
 2176  to read:
 2177         373.4132 Dry storage facility permitting.—The governing
 2178  board or the department shall require a permit under this part,
 2179  including s. 373.4145, for the construction, alteration,
 2180  operation, maintenance, abandonment, or removal of a dry storage
 2181  facility for 10 or more vessels that is functionally associated
 2182  with a boat launching area. As part of an applicant’s
 2183  demonstration that such a facility will not be harmful to the
 2184  water resources and will not be inconsistent with the overall
 2185  objectives of the district, the governing board or department
 2186  shall require the applicant to provide reasonable assurance that
 2187  the secondary impacts from the facility will not cause adverse
 2188  impacts to the functions of wetlands and surface waters,
 2189  including violations of state water quality standards applicable
 2190  to waters as defined in s. 403.031 s. 403.031(13), and will meet
 2191  the public interest test of s. 373.414(1)(a), including the
 2192  potential adverse impacts to manatees. Nothing in this section
 2193  shall affect the authority of the governing board or the
 2194  department to regulate such secondary impacts under this part
 2195  for other regulated activities.
 2196         Section 25. Subsection (1) of section 373.414, Florida
 2197  Statutes, is amended to read:
 2198         373.414 Additional criteria for activities in surface
 2199  waters and wetlands.—
 2200         (1) As part of an applicant’s demonstration that an
 2201  activity regulated under this part will not be harmful to the
 2202  water resources or will not be inconsistent with the overall
 2203  objectives of the district, the governing board or the
 2204  department shall require the applicant to provide reasonable
 2205  assurance that state water quality standards applicable to
 2206  waters as defined in s. 403.031 s. 403.031(13) will not be
 2207  violated and reasonable assurance that such activity in, on, or
 2208  over surface waters or wetlands, as delineated in s. 373.421(1),
 2209  is not contrary to the public interest. However, if such an
 2210  activity significantly degrades or is within an Outstanding
 2211  Florida Water, as provided by department rule, the applicant
 2212  must provide reasonable assurance that the proposed activity
 2213  will be clearly in the public interest.
 2214         (a) In determining whether an activity, which is in, on, or
 2215  over surface waters or wetlands, as delineated in s. 373.421(1),
 2216  and is regulated under this part, is not contrary to the public
 2217  interest or is clearly in the public interest, the governing
 2218  board or the department shall consider and balance the following
 2219  criteria:
 2220         1. Whether the activity will adversely affect the public
 2221  health, safety, or welfare or the property of others;
 2222         2. Whether the activity will adversely affect the
 2223  conservation of fish and wildlife, including endangered or
 2224  threatened species, or their habitats;
 2225         3. Whether the activity will adversely affect navigation or
 2226  the flow of water or cause harmful erosion or shoaling;
 2227         4. Whether the activity will adversely affect the fishing
 2228  or recreational values or marine productivity in the vicinity of
 2229  the activity;
 2230         5. Whether the activity will be of a temporary or permanent
 2231  nature;
 2232         6. Whether the activity will adversely affect or will
 2233  enhance significant historical and archaeological resources
 2234  under the provisions of s. 267.061; and
 2235         7. The current condition and relative value of functions
 2236  being performed by areas affected by the proposed activity.
 2237         (b) If the applicant is unable to otherwise meet the
 2238  criteria set forth in this subsection, the governing board or
 2239  the department, in deciding to grant or deny a permit, must
 2240  shall consider measures proposed by or acceptable to the
 2241  applicant to mitigate adverse effects that may be caused by the
 2242  regulated activity. Such measures may include, but are not
 2243  limited to, onsite mitigation, offsite mitigation, offsite
 2244  regional mitigation, and the purchase of mitigation credits from
 2245  mitigation banks permitted under s. 373.4136. It is shall be the
 2246  responsibility of the applicant to choose the form of
 2247  mitigation. The mitigation must offset the adverse effects
 2248  caused by the regulated activity.
 2249         1. The department or water management districts may accept
 2250  the donation of money as mitigation only where the donation is
 2251  specified for use in a duly noticed environmental creation,
 2252  preservation, enhancement, or restoration project, endorsed by
 2253  the department or the governing board of the water management
 2254  district, which offsets the impacts of the activity permitted
 2255  under this part. However, the provisions of this subsection does
 2256  shall not apply to projects undertaken pursuant to s. 373.4137
 2257  or chapter 378. Where a permit is required under this part to
 2258  implement any project endorsed by the department or a water
 2259  management district, all necessary permits must have been issued
 2260  prior to the acceptance of any cash donation. After the
 2261  effective date of this act, when money is donated to either the
 2262  department or a water management district to offset impacts
 2263  authorized by a permit under this part, the department or the
 2264  water management district shall accept only a donation that
 2265  represents the full cost to the department or water management
 2266  district of undertaking the project that is intended to mitigate
 2267  the adverse impacts. The full cost shall include all direct and
 2268  indirect costs, as applicable, such as those for land
 2269  acquisition, land restoration or enhancement, perpetual land
 2270  management, and general overhead consisting of costs such as
 2271  staff time, building, and vehicles. The department or the water
 2272  management district may use a multiplier or percentage to add to
 2273  other direct or indirect costs to estimate general overhead.
 2274  Mitigation credit for such a donation may shall be given only to
 2275  the extent that the donation covers the full cost to the agency
 2276  of undertaking the project that is intended to mitigate the
 2277  adverse impacts. However, nothing herein may shall be construed
 2278  to prevent the department or a water management district from
 2279  accepting a donation representing a portion of a larger project,
 2280  provided that the donation covers the full cost of that portion
 2281  and mitigation credit is given only for that portion. The
 2282  department or water management district may deviate from the
 2283  full cost requirements of this subparagraph to resolve a
 2284  proceeding brought pursuant to chapter 70 or a claim for inverse
 2285  condemnation. Nothing in this section may shall be construed to
 2286  require the owner of a private mitigation bank, permitted under
 2287  s. 373.4136, to include the full cost of a mitigation credit in
 2288  the price of the credit to a purchaser of said credit.
 2289         2. The department and each water management district shall
 2290  report by March 1 of each year, as part of the consolidated
 2291  annual report required by s. 373.036(7), all cash donations
 2292  accepted under subparagraph 1. during the preceding water
 2293  management district fiscal year for wetland mitigation purposes.
 2294  The report must shall exclude those contributions pursuant to s.
 2295  373.4137. The report must shall include a description of the
 2296  endorsed mitigation projects and, except for projects governed
 2297  by s. 373.4135(6), must shall address, as applicable, success
 2298  criteria, project implementation status and timeframe,
 2299  monitoring, long-term management, provisions for preservation,
 2300  and full cost accounting.
 2301         3. If the applicant is unable to meet water quality
 2302  standards because existing ambient water quality does not meet
 2303  standards, the governing board or the department must shall
 2304  consider mitigation measures proposed by or acceptable to the
 2305  applicant that cause net improvement of the water quality in the
 2306  receiving body of water for those parameters which do not meet
 2307  standards.
 2308         4. If mitigation requirements imposed by a local government
 2309  for surface water and wetland impacts of an activity regulated
 2310  under this part cannot be reconciled with mitigation
 2311  requirements approved under a permit for the same activity
 2312  issued under this part, including application of the uniform
 2313  wetland mitigation assessment method adopted pursuant to
 2314  subsection (18), the mitigation requirements for surface water
 2315  and wetland impacts are shall be controlled by the permit issued
 2316  under this part.
 2317         (c) Where activities for a single project regulated under
 2318  this part occur in more than one local government jurisdiction,
 2319  and where permit conditions or regulatory requirements are
 2320  imposed by a local government for these activities which cannot
 2321  be reconciled with those imposed by a permit under this part for
 2322  the same activities, the permit conditions or regulatory
 2323  requirements are shall be controlled by the permit issued under
 2324  this part.
 2325         Section 26. Section 373.4142, Florida Statutes, is amended
 2326  to read:
 2327         373.4142 Water quality within stormwater treatment
 2328  systems.—State surface water quality standards applicable to
 2329  waters of the state, as defined in s. 403.031 s. 403.031(13), do
 2330  shall not apply within a stormwater management system which is
 2331  designed, constructed, operated, and maintained for stormwater
 2332  treatment in accordance with a valid permit or noticed exemption
 2333  issued pursuant to chapter 62-25, Florida Administrative Code; a
 2334  valid permit or exemption under s. 373.4145 within the Northwest
 2335  Florida Water Management District; a valid permit issued on or
 2336  subsequent to April 1, 1986, within the Suwannee River Water
 2337  Management District or the St. Johns River Water Management
 2338  District pursuant to this part; a valid permit issued on or
 2339  subsequent to March 1, 1988, within the Southwest Florida Water
 2340  Management District pursuant to this part; or a valid permit
 2341  issued on or subsequent to January 6, 1982, within the South
 2342  Florida Water Management District pursuant to this part. Such
 2343  inapplicability of state water quality standards shall be
 2344  limited to that part of the stormwater management system located
 2345  upstream of a manmade water control structure permitted, or
 2346  approved under a noticed exemption, to retain or detain
 2347  stormwater runoff in order to provide treatment of the
 2348  stormwater. The additional use of such a stormwater management
 2349  system for flood attenuation or irrigation does shall not divest
 2350  the system of the benefits of this exemption. This section does
 2351  shall not affect the authority of the department and water
 2352  management districts to require reasonable assurance that the
 2353  water quality within such stormwater management systems will not
 2354  adversely impact public health, fish and wildlife, or adjacent
 2355  waters.
 2356         Section 27. Paragraph (a) of subsection (1) of section
 2357  373.430, Florida Statutes, is amended to read:
 2358         373.430 Prohibitions, violation, penalty, intent.—
 2359         (1) It shall be a violation of this part, and it shall be
 2360  prohibited for any person:
 2361         (a) To cause pollution, as defined in s. 403.031 s.
 2362  403.031(7), except as otherwise provided in this part, so as to
 2363  harm or injure human health or welfare, animal, plant, or
 2364  aquatic life or property.
 2365         Section 28. Paragraph (n) of subsection (2) of section
 2366  373.4592, Florida Statutes, is amended to read:
 2367         373.4592 Everglades improvement and management.—
 2368         (2) DEFINITIONS.—As used in this section:
 2369         (n) “Stormwater management program” shall have the meaning
 2370  set forth in s. 403.031 s. 403.031(15).
 2371         Section 29. Paragraph (c) of subsection (1) of section
 2372  403.890, Florida Statutes, is amended to read:
 2373         403.890 Water Protection and Sustainability Program.—
 2374         (1) Revenues deposited into or appropriated to the Water
 2375  Protection and Sustainability Program Trust Fund shall be
 2376  distributed by the Department of Environmental Protection for
 2377  the following purposes:
 2378         (c) The water quality improvement wastewater grant program
 2379  as provided in s. 403.0673.
 2380         Section 30. Paragraph (b) of subsection (1) of section
 2381  403.892, Florida Statutes, is amended to read:
 2382         403.892 Incentives for the use of graywater technologies.—
 2383         (1) As used in this section, the term:
 2384         (b) “Graywater” has the same meaning as in s. 381.0065(2)
 2385  s. 381.0065(2)(f).
 2386         Section 31. Paragraphs (c) and (d) of subsection (2) of
 2387  section 403.9301, Florida Statutes, are amended to read:
 2388         403.9301 Wastewater services projections.—
 2389         (2) As used in this section, the term:
 2390         (c) “Treatment works” has the same meaning as provided in
 2391  s. 403.031 s. 403.031(11).
 2392         (d) “Wastewater services” means service to a sewerage
 2393  system, as defined in s. 403.031 s. 403.031(9), or service to
 2394  domestic wastewater treatment works.
 2395         Section 32. Paragraphs (b) and (c) of subsection (2) of
 2396  section 403.9302, Florida Statutes, are amended to read:
 2397         403.9302 Stormwater management projections.—
 2398         (2) As used in this section, the term:
 2399         (b) “Stormwater management program” has the same meaning as
 2400  provided in s. 403.031 s. 403.031(15).
 2401         (c) “Stormwater management system” has the same meaning as
 2402  provided in s. 403.031 s. 403.031(16).
 2403         Section 33. For the purpose of incorporating the amendment
 2404  made by this act to section 259.032, Florida Statutes, in a
 2405  reference thereto, subsection (6) of section 259.045, Florida
 2406  Statutes, is reenacted to read:
 2407         259.045 Purchase of lands in areas of critical state
 2408  concern; recommendations by department and land authorities.
 2409  Within 45 days after the Administration Commission designates an
 2410  area as an area of critical state concern under s. 380.05, and
 2411  annually thereafter, the Department of Environmental Protection
 2412  shall consider the recommendations of the state land planning
 2413  agency pursuant to s. 380.05(1)(a) relating to purchase of lands
 2414  within an area of critical state concern or lands outside an
 2415  area of critical state concern that directly impact an area of
 2416  critical state concern, which may include lands used to preserve
 2417  and protect water supply, and shall make recommendations to the
 2418  board with respect to the purchase of the fee or any lesser
 2419  interest in any such lands that are:
 2420         (6) Lands used to prevent or satisfy private property
 2421  rights claims resulting from limitations imposed by the
 2422  designation of an area of critical state concern if the
 2423  acquisition of such lands fulfills a public purpose listed in s.
 2424  259.032(2) or if the parcel is wholly or partially, at the time
 2425  of acquisition, on one of the board’s approved acquisition lists
 2426  established pursuant to this chapter. For the purposes of this
 2427  subsection, if a parcel is estimated to be worth $500,000 or
 2428  less and the director of the Division of State Lands finds that
 2429  the cost of an outside appraisal is not justified, a comparable
 2430  sales analysis, an appraisal prepared by the Division of State
 2431  Lands, or other reasonably prudent procedures may be used by the
 2432  Division of State Lands to estimate the value of the parcel,
 2433  provided the public’s interest is reasonably protected.
 2434  
 2435  The department, a local government, a special district, or a
 2436  land authority within an area of critical state concern may make
 2437  recommendations with respect to additional purchases which were
 2438  not included in the state land planning agency recommendations.
 2439         Section 34. The Legislature determines and declares that
 2440  this act fulfills an important state interest.
 2441         Section 35. This act shall take effect July 1, 2023.