Senate Bill sb2368
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Florida Senate - 2005 SB 2368
By Senator Argenziano
3-1501-05
1 A bill to be entitled
2 An act relating to springs protection; creating
3 part IV of ch. 369, F.S.; providing legislative
4 intent; providing definitions; providing for
5 delineation of the springshed and protection
6 zone of certain springs by the Department of
7 Environmental Protection with the cooperation
8 of the water management districts; establishing
9 criteria and schedule; providing for inclusion
10 of certain springs whose water quality is
11 impaired in the total maximum daily loads
12 program implemented by the department;
13 providing for criteria to determine the
14 impairment of springs; requiring the
15 department, in conjunction with water
16 management districts, to develop and implement
17 a basin management plan relating to protection
18 of the springshed; providing for allocation of
19 a portion of the nonagricultural, nonpoint
20 pollutant load calculated under the program to
21 certain local governments; requiring a local
22 government having jurisdiction over the
23 springshed or protection zones of certain
24 high-magnitude springs to review its
25 comprehensive plan and prepare a report for
26 consideration by its governing body; providing
27 for amendment of such comprehensive plan if
28 necessary to meet certain criteria relating to
29 springs protection; providing for guidance by
30 the department, the Department of Community
31 Affairs, the Department of Health, and the
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Florida Senate - 2005 SB 2368
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1 water management districts; providing for the
2 prohibition or restriction of certain
3 activities within the primary protection zone
4 of a spring; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
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8 Section 1. Part IV of chapter 369, Florida Statutes,
9 consisting of sections 369.401, 369.403, 369.405, 369.407,
10 369.411, 369.413, and 369.415, Florida Statutes, is created to
11 read:
12 CHAPTER 369
13 PART IV
14 SPRINGS PROTECTION
15 369.401 Short title.--This part may be cited as the
16 "Florida Springs Protection Act."
17 369.403 Legislative intent.--
18 (1) The Legislature recognizes that Florida's springs
19 are a precious and fragile natural resource that must be
20 protected. Flow and water quality at springs are indicators of
21 local conditions in the Floridan Aquifer and other major
22 aquifers that are also drinking-water sources for many
23 Floridians. Florida's springs also provide recreational
24 opportunities for swimmers, boaters, wildlife watchers, and
25 cave divers. Because of these recreational opportunities, and
26 accompanying tourism, many of Florida's springs provide great
27 financial benefits to local economies. In addition, springs
28 provide critical habitat for numerous endangered or threatened
29 species of plants and animals and serve as general indicators
30 of the quality of groundwater resources.
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Florida Senate - 2005 SB 2368
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1 (2) The Legislature recognizes that a spring is only
2 as healthy as its springshed. The groundwater that supplies
3 springs is derived from rainfall that recharges aquifer
4 systems in the form of seepage from the land surface and
5 through direct conduits such as sinkholes. As a result, the
6 hydrologic and environmental condition of a spring or spring
7 run is directly influenced by activities and land uses within
8 the springshed.
9 (3) The Legislature recognizes that a number of
10 Florida's springs including Crystal Springs, De Leon Springs,
11 Fanning Springs, Lithia Springs, Manatee Springs, Ponce De
12 Leon Springs, Rainbow Springs, Silver Springs, Wakulla
13 Springs, Weeki Wachee Springs, and Wekiwa Springs currently
14 have elevated nutrient concentrations, as determined by
15 Florida Department of Environmental Protection bioassessments.
16 Elevated nutrient concentrations may lead to increases in
17 algae growth which decrease water clarity and change both the
18 aesthetic qualities and the natural ecology of springs.
19 (4) The Legislature recognizes that Florida's
20 standards regulating nutrient concentrations in ground water,
21 including minimum criteria, are intended to protect human
22 health and are not based on protection of the complex
23 biological and ecological systems that contribute to the
24 integrity of Florida's springs.
25 (5) The Legislature recognizes that springshed
26 boundaries and areas of high vulnerability within springsheds
27 often have not been identified and that to adequately protect
28 springs, these areas must be delineated and characterized
29 using the best available data.
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Florida Senate - 2005 SB 2368
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1 (6) The Legislature recognizes that because
2 springsheds cross local government jurisdictional boundaries,
3 a coordinated, statewide springs-protection plan is required.
4 (7) It is the intent of the Legislature that local
5 governments whose jurisdictions are within springsheds
6 emphasize the importance of this state resource in their
7 planning and regulation efforts.
8 (8) It is the intent of the Legislature that future
9 amendments to comprehensive plans adopted by local governments
10 whose jurisdictions are within the springsheds of first and
11 second magnitude and other locally significant springs include
12 land-development regulations that protect the water quantity
13 and quality of those springs.
14 (9) It is the intent of the Legislature that state
15 agencies and water management districts work together with
16 local governments to provide the data necessary to delineate
17 springsheds and protection zones, and to develop comprehensive
18 plans and land-development regulations that protect Florida
19 springs. The Legislature recognizes that urgent action is
20 needed and can be reasonably based on best available data.
21 369.405 Definitions.--As used in this part, the term:
22 (1) "Department" means the Department of Environmental
23 Protection, which includes the Florida Geological Survey.
24 (2) "First and second magnitude springs" means the
25 springs identified as first or second magnitude by the Florida
26 Geological Survey in Florida Geological Survey Bulletin No.
27 1966 (2004), "Springs of Florida".
28 (3) "Karst" means a landform that has been modified by
29 dissolution of soluble rock such as limestone or dolostone.
30 (4) "Karst terrain" means a terrain, generally
31 underlain by limestone or dolostone, in which the topography
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1 is chiefly formed by the dissolution of rock, and which may be
2 characterized by such karst features as sinkholes, sinking
3 streams, closed depressions, subterranean drainage, and caves.
4 (5) "Local comprehensive plan" means a comprehensive
5 plan adopted pursuant to ss. 163.3164-163.3215.
6 (6) "Local government" means a local government whose
7 jurisdiction includes a first or second magnitude spring, or
8 any part of a primary or secondary protection zone for a first
9 or second magnitude spring.
10 (7) "Primary protection zone" means the geographic
11 area within a springshed, identified by the department under
12 s. 369.407, that, because of its proximity or connectivity to
13 the spring or its karst features, or both, contributes
14 directly to the spring's flow or water quality.
15 (8) "Reclaimed water" means wastewater that has
16 received at least secondary treatment and basic disinfection
17 and is reused after flowing out of a domestic wastewater
18 treatment facility.
19 (9) "Reuse" means the deliberate application of
20 reclaimed water, in compliance with the rules adopted by the
21 department or by a water management district rules, for a
22 beneficial purpose.
23 (10) "Secondary protection zone" means the geographic
24 area within a springshed, identified by the department under
25 s. 369.407, that is located within the springshed but outside
26 the primary protection zone.
27 (11) "Spring" means a point where ground water emerges
28 onto the earth's surface, including under any surface water of
29 the state, excluding seeps. The term includes a spring run or
30 a "karst window," which is a depression opening in karst
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1 terrain which reveals a portion of a subterranean flow or the
2 unroofed portion of a cave.
3 (12) "Spring run" means a body of flowing water that
4 originates from a spring or whose primary source of water is
5 from a spring or springs under average rainfall conditions.
6 (13) "Springshed" or "spring recharge basin" means the
7 areas within the ground water or surface water basins which
8 contribute to the discharge of a spring. The position of the
9 divide is orthogonal to isopotential lines.
10 (14) "Travel time" means the time required for water
11 to travel horizontally, vertically, or a combination thereof,
12 from any point in the springshed to the point at which it
13 emerges from the ground and contributes to the flow of a
14 spring or spring run.
15 369.407 Delineation of springsheds and primary
16 protection zones.--
17 (1) The department, in cooperation with the water
18 management districts, shall delineate springsheds and primary
19 protection zones for first and second magnitude springs.
20 (2) Such delineation of springsheds and primary
21 protection zones shall be accomplished using best available
22 data from the water management districts, the Florida
23 Geological Survey, and other credible sources. The delineation
24 of protection zones must be based on a consideration of the
25 following:
26 (a) Proximity or connectivity to the spring.
27 (b) Travel time.
28 (c) Proximity to karst features.
29 (d) Hydrogeologic characteristics of the springshed
30 such as the nature and extent of confining units within the
31 groundwater flow system and the location of recharge areas.
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1 (e) Areas that contribute surface water drainage or
2 overland flow to the spring and its springshed.
3 (f) Data from Florida Geological Survey's Florida
4 Aquifer Vulnerability Assessment.
5 (g) Other objective and credible data.
6 (3) Because of the urgent need for a consistent
7 mapping that can be used by state agencies and local
8 governments, the department shall begin the delineation of
9 such springsheds and primary protection zones on July 1, 2005.
10 By July 1, 2008, the department shall propose, for adoption as
11 a rule, a statewide map that delineates the springshed and
12 protection zone of the first and second magnitude springs.
13 Prior to final adoption of the statewide map by rule, the
14 department may adopt, by rule, maps that delineate the
15 springshed and protection zone of one or more first and second
16 magnitude springs. The department may also establish, by rule,
17 interim primary protection zones, using simple distance
18 criteria from a spring, spring run, sinkhole, conduit, or
19 other feature significant to spring discharge. The interim
20 zones may be established before or after the department
21 proposes adoption of the statewide map and will apply until
22 the statewide map is adopted in a final rule of the
23 department.
24 (4) The springsheds and primary zones delineated under
25 this section must be periodically reviewed and amended as
26 necessary.
27 369.409 Establishment and implementation of total
28 maximum pollutant daily loads for impaired springs.--
29 (1) By July 1, 2007, the department shall establish
30 criteria for determining the impairment of springs to
31 supplement the standards used to assess the impairment of
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1 waters under s. 403.067. In determining such impairment, the
2 department shall consider, without limitation, all of the
3 following:
4 (a) Existing water quality and water quality trends
5 including, but not limited to, nutrient and chlorophyll
6 concentrations.
7 (b) The presence of attached algae that may affect
8 contact recreation or planktonic algae that may diminish water
9 quality.
10 (c) Imbalance in flora and fauna.
11 (d) Aesthetics as they affect the recreational use or
12 economic value of a particular spring.
13 (2) Following establishment of the criteria under
14 subsection (1), the department shall develop a list of
15 impaired first and second magnitude springs and add impaired
16 springs to the list of impaired waters that is developed under
17 and subject to s. 403.067. A spring may be designated and
18 listed as impaired if, in the judgment of the department, it
19 is likely to become impaired.
20 (3) In establishing and implementing the total maximum
21 daily loads of nutrients for springs under this section and s.
22 403.067, the department, or the department in conjunction with
23 the appropriate water management districts, shall develop a
24 watershed or basin management plan, as specified in s.
25 403.067(7)(b), which addresses protection of the quality of
26 water in the springshed.
27 (4) The establishment and implementation of total
28 maximum daily loads of nonagricultural, nonpoint pollutant
29 sources of nutrients must include a reasonable and equitable
30 allocation of the total maximum daily load to each local
31 government that is authorized to control activities that
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1 impact the quality or quantity of water in the impaired
2 spring.
3 (5) On or before July 1, 2007, the department shall
4 establish the schedule by which it will first determine, under
5 s. 403.067, the total maximum daily loads for the impaired
6 springs identified and listed pursuant to this section.
7 369.411 Review and amendment of local comprehensive
8 plans to protect spring water recharge and quality.--
9 (1) Within 1 year after the department adopts, by
10 final rule, a delineation of springshed and protection zones
11 pursuant to s. 369.407, each local government having
12 jurisdiction over the delineated area shall prepare, and
13 submit to its governing body, a report that evaluates the
14 degree of springs protection provided in its local
15 comprehensive plan. The report must include recommendations,
16 for the consideration of the governing board of the local
17 government, to amend the comprehensive plan to ensure that it
18 contains goals, objectives, and policies that result in the
19 protection of the quantity and quality of water discharged
20 from each first or second magnitude spring whose springshed or
21 protection zone is located wholly or partly within the
22 jurisdiction of the local government.
23 (2) Within 1 year after submittal of the report
24 specified in subsection (1), each local government shall adopt
25 plan amendments to ensure that land use activities within its
26 jurisdiction:
27 (a) Do not diminish the quality of waters that
28 recharge the ground waters within the springshed;
29 (b) Do not reduce groundwater recharge capability
30 within the springshed; and
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1 (c) Implement the total maximum daily load of
2 nonagricultural nonpoint pollutant sources allocated to the
3 local government pursuant to s. 369.409(4).
4 (3) The Department of Community Affairs, water
5 management districts, the Department of Health, and the
6 department shall provide the local government with guidance
7 and technical support during the review, amendment, and
8 implementation of local comprehensive plans to protect spring
9 water recharge and quality.
10 369.413 Prohibited activities within primary
11 protection zone.--Each local government shall, to the extent
12 of its existing authority, prohibit the conduct of any of the
13 following activities within primary protection zones:
14 (1) New industrial wastewater disposal systems.
15 (2) New landfills, including lined landfills.
16 (3) New rapid infiltration basins.
17 369.415 Limited or conditional uses within primary
18 protection zones.--
19 (1) Each local government, to the extent of its
20 existing authority, may allow the conduct of the following
21 activities in a primary protection zone created under s.
22 369.407 only by special use permit in accordance with local
23 ordinance:
24 (a) New slow-rate land application systems, excluding
25 the reuse of reclaimed water;
26 (b) New onsite sewage disposal systems at a density of
27 greater than 1 per 5 acres, excluding systems that use
28 advanced, low-nutrient output, designs that are approved by
29 the Department of Health.
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1 (c) New facilities for the transfer, storage, or
2 disposal of hazardous materials or waste, including SARA 302
3 facilities.
4 (d) Other land uses may be prohibited in the local
5 comprehensive plan at the discretion of a local government,
6 after considering existing land-use patterns and the potential
7 for damage to a particular spring.
8 (2) A local government shall ensure that its
9 comprehensive plan includes provisions that reflect the
10 limited or conditional uses in subsection (1) and that such
11 provisions are implemented through passage of a local
12 ordinance.
13 Section 2. This act shall take effect July 1, 2005.
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16 SENATE SUMMARY
17 Creates the Florida Springs Protection Act. Provides
definitions and legislative intent. Provides for
18 delineation of the springshed and protection zone of
certain springs by the Department of Environmental
19 Protection with the cooperation of the water management
districts. Provides for inclusion of certain springs
20 whose water quality is impaired in the total maximum
daily loads program implemented by the department.
21 Requires the department, in conjunction with water
management districts, to develop and implement a basin
22 management plan relating to protection of the springshed.
Provides for allocation of a portion of the
23 nonagricultural, nonpoint pollutant load calculated under
the program to certain local governments. Requires a
24 local government with jurisdiction over the springshed or
protection zones of certain high-magnitude springs to
25 review its comprehensive plan and prepare a report for
consideration by its governing board. Provides for
26 amendment of such comprehensive plan if necessary to meet
certain criteria relating to springs protection. Provides
27 for guidance by the department, the Department of
Community Affairs, the Department of Health, and the
28 water management districts. Provides for the prohibition
or restriction of certain activities within the primary
29 protection zone of a spring.
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