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The Committee on Community Affairs (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Part IV of chapter 369, Florida Statutes,

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consisting of sections 369.401, 369.402, 369.403, 369.404,

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369.405, 369.406, and 369.407, is created to read:

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     369.401 Short title.--This part may be cited as the

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"Florida Springs Protection Act."

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     369.402 Legislative findings and intent.--The Legislature

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finds that:

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     (1) Florida's springs are a precious and fragile natural

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resource that must be protected. Springs provide recreational

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opportunities for swimmers, canoeists, wildlife watchers, cave

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divers, and others. Because of the recreational opportunities and

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accompanying tourism, many of the state's springs greatly benefit

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state and local economies. In addition, springs provide critical

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habitat for plants and animals, including many endangered or

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threatened species, and serve as indicators of groundwater and

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surface water quality.

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     (2) In general, Florida's springs, whether found in urban

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or rural settings, or on public or private lands, are threatened

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by actual, or potential, flow reductions and declining water

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quality. Many of Florida's springs show signs of ecological

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imbalance, increased nutrient loading, and lowered water flow.

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The groundwater sources of spring discharges are recharged by

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seepage from the surface and through direct conduits such as

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sinkholes and can be adversely affected by polluted runoff from

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urban and agricultural lands and discharges resulting from poor

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wastewater management practices.

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     (3) Springs and groundwater can be restored through good

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stewardship, including effective planning strategies, best-

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management practices, and the appropriate regulatory programs to

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preserve and protect the springs and their springsheds.

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     (4) It is the intent of the Legislature to establish a

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pilot program for the protection of Rainbow Springs and Silver

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Springs, first-magnitude springs in Marion County, which may

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serve as a model for other springs in the state.

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     369.403 Definitions.--As used in this part, the term:

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     (1) "Cooperating entities" means the Department of

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Environmental Protection, the Department of Health, the

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Department of Agriculture and Consumer Services, and the

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Department of Community Affairs. The term also includes each

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water management district and local governments and

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municipalities having jurisdiction in the areas of the springs

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identified in s. 369.404(1). These entities may vary depending on

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the timing of activities associated with any specific spring or

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spring protection zone.

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     (2) "Department" means the Department of Environmental

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Protection.

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     (3) "Estimated sewage flow" means the quantity of domestic

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and commercial wastewater in gallons per day which is expected to

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be produced by an establishment or single-family residence as

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determined by rule of the Department of Health.

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     (4) "First-magnitude spring" means a spring that has a

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median discharge of greater than or equal to 100 cubic feet per

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second for the period of record, as determined by the department.

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     (5) "Spring" means a point where groundwater is discharged

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onto the earth's surface, including under any surface water of

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the state, excluding seeps. The term includes a spring run.

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     (6) "Spring protection zone" means the area within the

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springshed that is vulnerable to contamination and that comprises

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two zones based on the travel time of groundwater and reduced

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natural attenuation of contaminants that affect the water quality

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surfacing at the spring and flowing as the spring run, as

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follows:

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     (a) "Primary protection zone," means the area within the

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springshed that encompasses the 10-year travel time for water

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discharging from the spring.

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     (b) "Secondary protection zone," means the area within the

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springshed that encompasses the 100-year travel time for water

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discharging from the spring.

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     (7) "Spring run" means a body of flowing water that

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originates from a spring and whose primary source of water is

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from a spring or springs under average rainfall conditions.

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     (8) "Springshed" means those areas within the groundwater

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and surface water basins which contribute to the discharge of a

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spring.

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     (9) "Travel time" means the time required for groundwater

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to travel vertically from land surface to the aquifer,

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horizontally within the aquifer, or in a combination thereof, to

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the point at which it is discharged from the ground and

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contributes to the flow of a spring or spring run.

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     369.404 Delineation of springsheds and adoption of spring

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protection zones.--

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     (1) The department, in consultation with the other

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cooperating entities, shall delineate the springsheds of the

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following springs based on accepted scientific methodologies and

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shall use this information and other scientific data necessary to

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identify spring protection zones:

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     (a) Rainbow Springs in Marion County; and

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     (b) Silver Springs in Marion County.

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     (2) By July 1, 2009, the department shall adopt the spring

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protection zones for these springs by secretarial order pursuant

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to chapter 120. The Legislature recognizes that springsheds and

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spring protection zones may extend beyond political boundaries.

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The cooperating entities shall work with affected local

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governments in developing spring protection zones and measures

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and basin management action plans that are designed to minimize

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adverse impacts to the spring protection zone, the spring, and

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the spring run.

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     369.405 Total maximum daily loads and basin management

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action plans for Rainbow Springs and Silver Springs.--

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Notwithstanding the assessment and listing requirements of s.

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403.067, the department shall adopt total maximum daily loads and

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basin management action plans for the springs identified in s.

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369.404. Total maximum daily loads adopted by department rule for

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the springs may not take effect unless approved by the

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Legislature during the next regular session of the Legislature

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following adoption of the rule.

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     (1) By July 1, 2009, the department shall propose for

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adoption total maximum daily loads, pursuant to s. 403.067(6), to

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address nitrogen concerns in the springs.

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     (2) By December 31, 2010, the department, in conjunction

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with the cooperating entities, shall propose for adoption basin

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management action plans, pursuant to s. 403.067(7), for the

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springs. In developing the basin management action plans, the

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department shall consider the need to include different actions,

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projects, and other protection measures based on the primary and

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secondary protection zones within a spring protection zone.

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     369.406 Additional spring protection measures.--The

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following measures apply within a spring protection zone adopted

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pursuant to s. 369.404:

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     (1) Domestic wastewater treatment facilities regulated

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under chapter 403 are subject to the following requirements:

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     (a) New or expanded surface water discharges are prohibited

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except as backup to a wastewater reuse system. Surface water

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discharges serving as backup to a reuse system shall be limited

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to no more than 30 percent of the permitted wastewater reuse

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capacity on an annual average basis and shall meet the advanced

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waste treatment requirements in s. 403.086(4).

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     (b) Facilities having permitted capacities greater than or

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equal to 100,000 gallons per day shall meet an annual average

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effluent concentration that shall not exceed 3 milligrams per

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liter total nitrogen. However, facilities of this permitted

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capacity which are authorized to discharge prior to the adoption

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of the applicable spring protection zone shall meet the required

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effluent concentration no later than 4 years after adoption of

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the spring protection zone.

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     (c) Facilities having permitted capacities less than

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100,000 gallons per day shall meet an annual average effluent

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concentration that shall not exceed 10 milligrams per liter total

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nitrogen, and an annual average concentration that shall not

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exceed 3 milligrams per liter total nitrogen in groundwater

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monitoring compliance wells. However, facilities of this

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permitted capacity which are authorized to discharge prior to

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adoption of the applicable spring protection zone shall meet the

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required effluent and monitoring well concentrations no later

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than 4 years after adoption of the spring protection zone.

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     (d) Land application of Class A or Class B wastewater

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residuals, as defined by department rule, within the primary

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protection zone is prohibited. This prohibition does not apply to

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Class AA residuals that are marketed and distributed as

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fertilizer products in accordance with department rule.

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This subsection does not limit the department's authority to

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require additional treatment or other actions pursuant to chapter

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403, as necessary, to meet surface and groundwater quality

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standards.

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     (2) All onsite sewage treatment and disposal systems

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requiring repair, modification, or reapproval shall meet a 24-

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inch separation from the wet season water table and the surface

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water setback requirements in s. 381.0065(4). All treatment

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receptacles shall be within one size of the requirements in rules

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of the Department of Health and shall be tested for water-

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tightness by a state-licensed septic tank contractor or plumber.

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     (3) Agricultural operations shall implement applicable

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best-management practices adopted by the Department of

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Agriculture and Consumer Services to reduce nitrogen impacts to

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surface and groundwater. By December 31, 2008, the Department of

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Agriculture and Consumer Services, in cooperation with the other

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cooperating entities and other stakeholders, shall develop and

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propose for adoption by rule equine, cow and calf, and forage

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grass best-management practices to reduce nitrogen impacts on

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surface and groundwater.

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     369.407 Rules.--The department, the Department of Health,

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and the Department of Agriculture and Consumer Services may adopt

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rules pursuant to ss. 120.536(1) and 120.54 to administer the

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provisions of this part.

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     Section 2.  Paragraph (l) is added to subsection (6) of

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section 163.3177, Florida Statutes, to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (l) In areas for which a springs protection zone has been

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adopted by the Department of Environmental Protection, by

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December 31, 2009, or within 18 months after adoption of the

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springs protection zone, a springs protection element that

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ensures the protection and, where necessary, restoration of water

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quality in springs. The element shall address minimizing human

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impacts on springs through protecting karst features during and

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after the development process, ensuring future development

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follows low-impact design principles, ensuring that landscaping

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and fertilizer use are consistent with the Florida Friendly

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Landscaping program, ensuring adequate open space, and providing

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for proper management of stormwater and wastewater to minimize

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their effects on the water quality of springs. The springs

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protection element shall be based on low-impact design,

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landscaping, and fertilizer best-management and use practices and

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principles developed by the department and the state land

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planning agency, or established in rule. The department and the

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state land planning agency shall make information concerning such

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best-management and use practices and principles prominently

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available on their websites. In addition, all landscape design

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and irrigation systems shall meet the standards established

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pursuant to s. 373.228(4). Failure to adopt the springs

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protection element by the deadline specified in this paragraph

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shall result in a prohibition on any future plan amendments until

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the element is adopted.

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     Section 3.  Subsection (7) of section 403.1835, Florida

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Statutes, is amended to read:

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     403.1835  Water pollution control financial assistance.--

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     (7)  Eligible projects must be given priority according to

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the extent each project is intended to remove, mitigate, or

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prevent adverse effects on surface or groundwater quality and

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public health. The relative costs of achieving environmental and

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public health benefits must be taken into consideration during

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the department's assignment of project priorities. The department

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shall adopt a priority system by rule. In developing the priority

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system, the department shall give priority to projects that:

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     (a)  Eliminate public health hazards;

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     (b)  Enable compliance with laws requiring the elimination

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of discharges to specific water bodies;

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     (c)  Assist in the implementation of total maximum daily

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loads adopted under s. 403.067, and basin management action plans

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adopted under s. 369.405;

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     (d)  Enable compliance with other pollution control

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requirements, including, but not limited to, toxics control,

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wastewater residuals management, and reduction of nutrients and

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bacteria;

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     (e)  Assist in the implementation of surface water

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improvement and management plans and pollutant load reduction

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goals developed under state water policy;

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     (f)  Promote reclaimed water reuse;

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     (g) Eliminate environmental damage caused by failing onsite

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sewage treatment and disposal systems, with priority given to

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systems located within any area designated as an area of critical

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state concern under s. 380.05 or located in a spring protection

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area adopted pursuant to s. 369.404 or those that are causing

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environmental damage; or

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     (h)  Reduce pollutants to and otherwise promote the

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restoration of Florida's surface and ground waters.

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     Section 4. The Department of Environmental Protection, the

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Department of Agriculture and Consumer Services, the St. Johns

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River Water Management District, and the Southwest Florida Water

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Management District shall assess nitrogen loading from lands

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owned or managed by each respective agency and located within a

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spring protection zone for Rainbow Springs or Silver Springs

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using a consistent methodology, evaluate existing management

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activities, and develop and begin implementing management plans

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to reduce adverse impacts to the springs no later than December

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31, 2010.

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     Section 5. Florida Springs Stewardship Task Force.--

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     (1) The Department of Environmental Protection is directed

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to establish the Florida Springs Stewardship Task Force that

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shall consist of nine members as follows:

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     (a) One representative from the Department of Environmental

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Protection, to be appointed by the Secretary of Environmental

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Protection, who shall serve as chair.

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     (b) One representative from the Department of Agriculture

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and Consumer Services, to be appointed by the Commissioner of

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Agriculture.

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     (c) One representative from the Department of Community

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Affairs to be appointed by the Secretary of Community Affairs.

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     (d) One representative from the water management district

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having the greatest number of first-magnitude springs within its

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jurisdiction, to be appointed by the executive director of that

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water management district.

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     (e) Two members appointed by the President of the Senate,

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one of whom shall be a representative of the development

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community and one of whom shall be a representative of the

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environmental community with a specific background in aquatic

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endangered or imperiled species.

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     (f) Two members appointed by the Speaker of the House of

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Representatives, one of whom shall be a locally elected official

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of a county or municipality and one of whom shall be a

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representative of a local chamber of commerce.

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     (g) One member appointed by the Governor who shall be a

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state-licensed professional geologist with a specific background

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in hydrogeology.

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     (2) Task force members shall be appointed no later than

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August 1, 2008, and shall serve without compensation.

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     (3) The task force shall:

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     (a) Collect and inventory all existing data identifying

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zones of influence for the remaining 31 known first-magnitude

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springs and identifying land uses in these areas.

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     (b) Identify and compile a list of all existing best-

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management practices for the identified land uses and other water

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pollutant controls.

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     (c) Identify all existing and reasonably expected funding

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sources available to implement best-management practices and

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other water pollutant controls for the identified land uses and

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propose a priority list of projects for the funding.

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     (d) Take public input and testimony regarding issues

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related to spring protection and restoration.

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     (e) Propose a program of increased emphasis on education

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and outreach which encourages the implementation of best-

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management practices for agricultural and nonagricultural land

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uses and other water pollutant controls, including specific

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provisions for cost-share assistance in implementing best-

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management practices, as well as recognition of agricultural and

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nonagricultural landowners who participate in the best-management

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practices program.

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     (4) The task force shall submit a report summarizing the

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data collected, public input and testimony, and findings and

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recommendations of the task force to the President of the Senate

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and the Speaker of the House of Representatives no later than

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January 31, 2009.

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     (5) All state agencies are directed, and all other agencies

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and local governments are requested, to render assistance to and

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cooperate with the task force.

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     (6) The task force shall expire on January 31, 2009.

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     Section 6.  This act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 11-14

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and insert:

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basin management action plans for Rainbow Springs and Silver

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Springs; requiring legislative approval of total maximum daily

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loads adopted rules; providing that such rules may not take

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effect without legislative approval; providing effluent

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requirements for domestic wastewater treatment facilities;

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providing requirements for onsite sewage treatment and disposal

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systems requiring repair, modification, or reapproval; providing

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requirements for agricultural

4/16/2008  11:02:00 AM     CA.CA.07529