Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 2026
Barcode 779400
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2009 .
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The Committee on Environmental Preservation and Conservation
(Constantine) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1168 and 1169
4 insert:
5 Section 23. Part IV of chapter 369, Florida Statutes,
6 consisting of sections 369.401, 369.402, 369.403, 369.404,
7 369.405, 369.406, 369.407, and 369.408, is created to read:
8 369.401 Short title.—This part may be cited as the “Florida
9 Springs Protection Act.”
10 369.402 Legislative findings and intent.—
11 (1) Florida’s springs are a precious and fragile natural
12 resource that must be protected. Springs provide recreational
13 opportunities for swimmers, canoeists, wildlife watchers, cave
14 divers, and others. Because of the recreational opportunities
15 and accompanying tourism, many of the state’s springs greatly
16 benefit state and local economies. In addition, springs provide
17 critical habitat for plants and animals, including many
18 endangered or threatened species, and serve as indicators of
19 groundwater and surface water quality.
20 (2) In general, Florida’s springs, whether found in urban
21 or rural settings, or on public or private lands, are threatened
22 by actual, or potential, flow reductions and declining water
23 quality. Many of Florida’s springs show signs of ecological
24 imbalance, increased nutrient loading, and lowered water flow.
25 Groundwater sources of spring discharges are recharged by
26 seepage from the surface and through direct conduits such as
27 sinkholes and can be adversely affected by polluted runoff from
28 urban and agricultural lands and discharges resulting from poor
29 wastewater management practices.
30 (3) Springs and groundwater can be restored through good
31 stewardship, including effective planning strategies, best
32 management practices, and appropriate regulatory programs that
33 preserve and protect the springs and their springsheds.
34 369.403 Definitions.—As used in this part, the term:
35 (1) “Cooperating entities” means the Department of
36 Environmental Protection, the Department of Health, the
37 Department of Agriculture and Consumer Services, the Department
38 of Community Affairs, the Department of Transportation, and each
39 water management district and those county and municipal
40 governments having jurisdiction in the areas of the springs
41 identified in s. 369.404.
42 (2) “Department” means the Department of Environmental
43 Protection.
44 (3) “Estimated sewage flow” means the quantity of domestic
45 and commercial wastewater in gallons per day which is expected
46 to be produced by an establishment or single-family residence as
47 determined by rule of the Department of Health.
48 (4) “First magnitude spring” means a spring that has a
49 median discharge of greater than or equal to 100 cubic feet per
50 second for the period of record, as determined by the
51 department.
52 (5) “Karst” means landforms, generally formed by the
53 dissolution of soluble rocks such as limestone or dolostone,
54 forming direct connections to the groundwater such as springs,
55 sinkholes, sinking streams, closed depressions, subterranean
56 drainage, and caves.
57 (6) “Onsite sewage treatment and disposal system” or
58 “septic system” means a system that contains a standard
59 subsurface, filled, or mound drainfield system; an aerobic
60 treatment unit; a graywater system tank; a laundry wastewater
61 system tank; a septic tank; a grease interceptor; a pump tank; a
62 solids or effluent pump; a waterless, incinerating, or organic
63 waste-composting toilet; or a sanitary pit privy that is
64 installed or proposed to be installed beyond the building sewer
65 on land of the owner or on other land to which the owner has the
66 legal right to install a system. The term includes any item
67 placed within, or intended to be used as a part of or in
68 conjunction with, the system. This term does not include package
69 sewage treatment facilities and other treatment works regulated
70 under chapter 403.
71 (7) “Second magnitude spring” means a spring that has a
72 median discharge of 10 to 100 cubic feet per second for the
73 period of record, as determined by the department.
74 (8) “Spring” means a point where ground water is discharged
75 onto the earth’s surface, including under any surface water of
76 the state, including seeps. The term includes a spring run.
77 (9) “Springshed” means those areas within the groundwater
78 and surface water basins which contribute to the discharge of a
79 spring.
80 (10) “Usable property” means the area of the property
81 expressed in acres exclusive of all paved areas and prepared
82 road beds within public or private rights-of-way or easements
83 and exclusive of surface water bodies.
84 369.404 Designation of spring protection zones.—
85 (1) All counties or municipalities in which there are
86 located first or second magnitude springs are hereby designated
87 as spring protection zones.
88 (2) By July 1, 2010, the department is directed to propose
89 for adoption rules to implement the requirements of this
90 section.
91 (a) Such rules at a minimum shall create a priority list of
92 first and second magnitude springs designating them as high,
93 medium, or low priority based on the following measurements of
94 nitrate concentration in the water column at the point that
95 the spring discharges onto the earth’s surface as an average
96 annual concentration:
97 1. High – nitrate greater than or equal to 1.0 milligrams
98 per liter as determined using existing water quality data;
99 2. Medium – nitrate greater than or equal to 0.5 milligrams
100 per liter and less than 1.0 milligrams per liter as determined
101 using existing water quality data; and
102 3. Low – all first or second magnitude springs not
103 categorized as either High or Medium.
104 (b) Based on the priority determination of the department
105 for first and second magnitude springs, the corresponding
106 deadlines apply to the requirements of s. 369.405 to spring
107 protection zones as designated in this section.
108 1. For high-priority springs, the deadline for compliance
109 shall be no later than July 1, 2016;
110 2. For medium-priority springs, the deadline for compliance
111 shall be no later than July 1, 2019; and
112 3. For low-priority springs, the deadline for compliance
113 shall be no later than July 1, 2024.
114 (3) By July 1, 2010, the department is directed to propose
115 for adoption rules that provide the minimum scientific
116 methodologies, data, or tools that shall be used by a county or
117 municipal government to support the request for an exemption as
118 provided for in subsection (4).
119 (4) A county or municipal government, upon application to
120 the department, may seek to have specific geographic areas
121 exempted from the requirements of sections 369.405, 369.406, and
122 369.407 by demonstrating that activities within such areas will
123 not impact the springshed in a manner that leads to new or
124 continued degradation.
125 (5) Pursuant to subsection (4), the department may approve
126 or deny an application for an exemption, or may modify the
127 boundaries of the specific geographic areas for which an
128 exemption is sought. The ruling of the department on the
129 applicant’s request shall constitute a final agency action
130 subject to review pursuant to ss. 120.569 and 120.57.
131 (6) By July 1, 2010, the department must conduct a study
132 and report its findings of nitrate concentrations within spring
133 protection zones designated pursuant to s. 369.404.
134 369.405 Requirements for spring protection zones.—The
135 requirements of this section are subject to the timelines
136 established in s. 369.404.
137 (1) Domestic wastewater discharge and wastewater residual
138 application must comply with the requirements of this
139 subsection.
140 (a) All existing wastewater discharges from facilities
141 having permitted capacities greater than or equal to 100,000
142 gallons per day must achieve annual average total nitrogen
143 concentrations less than or equal to 3 milligrams per liter, as
144 nitrogen.
145 (b) All existing wastewater discharges from facilities
146 having permitted capacities less than 100,000 gallons per day
147 but greater than 10,000 gallons per day must achieve annual
148 average concentrations less than or equal to 10 milligrams per
149 liter, as nitrogen.
150 (2) Onsite sewage treatment and disposal systems in areas
151 permitted to or that contain septic systems in densities greater
152 than or equal to 640 systems per square mile, must connect to a
153 central wastewater treatment facility or other centralized
154 collection and treatment system. For the purposes of this
155 subsection, density must be calculated using the largest number
156 of systems possible within a square mile.
157 (3) Agricultural operations must implement applicable best
158 management practices, including nutrient management, adopted by
159 the Department of Agriculture and Consumer Services to reduce
160 nitrogen impacts to ground water. By December 31, 2009, the
161 Department of Agriculture and Consumer Services, in cooperation
162 with the other cooperating entities and stakeholders, must
163 develop and propose for adoption by rule equine, and cow and
164 calf best-management practices pursuant to this paragraph.
165 Implementation must be in accordance with paragraph
166 403.067(7)(b).
167 (4) Stormwater systems must comply with the requirements of
168 this section. The department is directed to propose for adoption
169 rules to implement the requirements of this subsection by July
170 1, 2010.
171 (a) Local governments in cooperation with the water
172 management districts must develop and implement a remediation
173 plan for all existing drainage wells containing strategies to
174 reduce nitrogen loading to groundwater to the maximum extent
175 practicable. The department shall review and approve the
176 remediation plan prior to implementation. All new drainage wells
177 must comply with the department’s underground injection control
178 rules.
179 (b) Local governments must develop and implement a
180 remediation plan for all stormwater management systems
181 constructed prior to 1982 which have not been modified to
182 provide stormwater treatment containing strategies to reduce
183 nitrogen loading to ground water to the maximum extent
184 practicable.
185 (c) Local governments in cooperation with the water
186 management districts must develop and implement a remediation
187 plan to reduce nitrogen loading to ground water including
188 reducing existing direct discharges of stormwater into
189 groundwater through karst features to the maximum extent
190 practicable. The department shall review and approve the
191 remediation plan prior to implementation.
192 (d) The Florida Department of Transportation must identify
193 any untreated stormwater discharges into groundwater through
194 natural subterranean drainages like sinkholes and develop and
195 implement a remediation plan to reduce nitrogen loading to
196 ground water including reducing existing such groundwater
197 discharges to the maximum extent practicable. The department
198 shall review and approve the remediation plan prior to
199 implementation.
200 (5) This subsection does not limit the department’s
201 authority to require additional treatment or other actions
202 pursuant to chapter 403, as necessary, to meet surface and
203 groundwater quality standards.
204 369.406 Additional requirements for all spring protection
205 zones.
206 (1) All newly constructed or expanded domestic wastewater
207 facilities operational after July 1, 2012, must meet the
208 advanced wastewater treatment requirements of s. 403.086(4).
209 (2) For all development not permitted as of July 1, 2009,
210 which has septic system densities greater than or equal to 640
211 systems per square mile, connection to a central wastewater
212 treatment facility or other centralized collection and treatment
213 system is required. For the purposes of this subsection, density
214 must be calculated using the largest number of systems possible
215 within a square mile.
216 (3) New septic systems required as a result of the
217 mandatory inspection program provided for in subsection (3) of
218 s. 381.0065 and installed after July 1, 2009, must be designed
219 to meet a target annual average groundwater concentration of no
220 more than 3 milligrams per liter total nitrogen at the owner’s
221 property line. Compliance with these requirements does not
222 require groundwater monitoring. The Department of Health shall
223 develop and adopt by rule design standards for achieving this
224 target annual average groundwater concentration. At a minimum,
225 this standard must take into consideration the relationship
226 between the treatment level achieved by the septic system and
227 the area of usable property available for rainwater dilution.
228 (4) Prior to adoption of the design standards by the
229 Department of Health, compliance with the requirements in
230 subsection (3) is presumed if one the following conditions are
231 met:
232 (a) The lot associated with the establishment or single
233 family home is served by a septic system meeting the baseline
234 system standards set forth in rules of the Department of Health,
235 and the ratio of estimated sewage flow in gallons per day to
236 acres of usable property is 100 to 1 or less.
237 (b) The lot associated with the establishment or single
238 family home is served by a septic system meeting at least the
239 advanced secondary treatment standards for nitrogen as set forth
240 in rules of the Department of Health, combined with a drip
241 irrigation system, a shallow low pressure dosed or a time-dosed
242 drainfield system.
243 (c) The lot associated with the establishment or single
244 family home is scheduled to connect to a central wastewater
245 treatment facility within six months of the application for
246 permit.
247 (5) Subsection (4) does not supersede the jurisdictional
248 flow limits established in s. 381.0065(3)(b).
249 (6) Land application of septage is prohibited and subject
250 to a $250 fine for a first offense and $500 fine for a second or
251 subsequent offense pursuant to the authority granted to the
252 Department of Health in s. 381.0065(3)(h).
253 (7) Any septic system, when requiring repair, modification,
254 or reapproval, must meet a 24-inch separation from the wet
255 season water table and the surface water setback requirements in
256 s. 381.0065(4). All treatment receptacles must be within one
257 size of the requirements in rules of the Department of Health
258 and must be tested for watertightness by a state-licensed septic
259 tank contractor or plumber.
260 (8) Each owner of a publicly owned or investor-owned
261 sewerage system must notify all owners of septic systems,
262 excluding approved graywater systems, of the availability of
263 central sewerage facilities for purposes of connection pursuant
264 to s. 381.00655(1) within 60 days after receipt of notification
265 from the Department of Health that collection facilities for the
266 central sewerage system have been cleared for use.
267 (a) Notwithstanding s. 381.00655(2)(b), a publicly owned or
268 investor-owned sewerage system may not waive the requirement for
269 mandatory onsite sewage disposal connection to an available
270 publicly owned or investor-owned sewerage system, except as
271 provided in paragraph (b).
272 (b) With the approval of the Department of Health, a
273 publicly owned or investor-owned sewerage system may waive the
274 requirement for mandatory onsite sewage disposal connection for
275 a sewage treatment system that meets or exceeds standards
276 established for septic systems if it determines that such
277 connection is not required in the public interest due to water
278 quality or public health considerations.
279 (9) In hardship cases the Department of Health may grant
280 variances to the provisions of this section and any rules
281 adopted under this section in accordance with s. 381.0065(4)(h).
282 (10) After July 1, 2010, land application of Class A, Class
283 B, or Class AA wastewater residuals, as defined by department
284 rule, is prohibited. This prohibition does not apply to Class AA
285 residuals that are marketed and distributed as fertilizer
286 products in accordance with department rule.
287 (11) Animal feeding operations must implement the
288 requirements of rules adopted by the department to reduce
289 nitrogen impacts to ground water. By December 31, 2009, the
290 department, in cooperation with the other cooperating entities
291 and stakeholders, must develop and propose for adoption, revised
292 rules for animal feeding operations which address requirements
293 for lined wastewater storage ponds and the development and
294 implementation of nutrient management plans, including the land
295 spreading of animal waste not treated and packaged as
296 fertilizer.
297 (12) All county and municipal governments must, at a
298 minimum, adopt the department’s model ordinance for Florida
299 Friendly Fertilizer Use on Urban Landscapes located in the
300 Florida-Friendly Landscape Guidance Models for Ordinances,
301 Covenants and Restrictions (2009) by December 31, 2010.
302 (13) The department and the water management districts
303 shall adopt design criteria for stormwater treatment systems
304 located within spring protection zones to minimize the movement
305 of nitrogen into the ground water and to prevent the formation
306 of sinkholes within stormwater systems.
307 (14) This subsection does not limit the department’s
308 authority to require additional treatment or other actions
309 pursuant to chapter 403, as necessary, to meet surface and
310 groundwater quality standards.
311 369.407 Florida Springs Onsite Sewage Treatment and
312 Disposal System Compliance Grant Program.—
313 (1) The Florida Springs Onsite Sewage Treatment and
314 Disposal System Compliance Grant Program is established in the
315 department and shall be administered by it. The purpose of the
316 program is to provide grants to low-income property owners in
317 spring protection zones using septic systems to assist the
318 property owners in complying with rules for these systems
319 developed by the department, or the water management districts,
320 or to connect to a central wastewater treatment facility or
321 other centralized collection and treatment system pursuant to
322 ss. 369.405(2) or 381.00655(1). The grant program is effective
323 upon final adoption of the department rules and may be applied
324 to costs incurred on or after such date.
325 (2) Any property owner in a spring protection zone having
326 an income less than or equal to 200 percent of the federal
327 poverty level who is required by rule of the department or the
328 water management districts to alter, repair, or modify any
329 existing septic system to a nitrate-reducing system pursuant to
330 s. 369.406(3), or to assist property owners with connecting to
331 available publicly owned or investor-owned sewerage system
332 pursuant to s. 381.00655(1), may apply to the department for a
333 grant to assist the owner with the costs of compliance or
334 connection.
335 (3) The amount of the grant is limited to the cost
336 differential between the replacement of a comparable existing
337 septic system and that of an upgraded nitrate-reducing treatment
338 system pursuant to s. 369.406(3),or the actual costs incurred
339 from connection to a central wastewater treatment facility or
340 other centralized collection and treatment system pursuant to s.
341 385.00655(1), but may not exceed $5,000 per property.
342 (4) The grant must be in the form of a rebate to the
343 property owner for costs incurred in complying with the
344 requirements for septic systems pursuant to s. 369.406(3), or
345 incurred from connection to a central wastewater treatment
346 facility or other centralized collection and treatment system
347 pursuant to s. 381.00655(1). The property owner must provide
348 documentation of those costs in the grant application to the
349 department.
350 (5) The department shall adopt rules providing forms,
351 procedures, and requirements for applying for and disbursing
352 grants, including bid requirements, and for documenting
353 compliance or connection costs incurred.
354 (6) The department, in coordination with the water
355 management districts, shall continue to evaluate, by any means
356 it deems appropriate, the level of nitrate deposited in Florida
357 springs by septic systems.
358 369.408 Rules.—
359 (1) The department, the Department of Health, and the
360 Department of Agriculture and Consumer Services may adopt rules
361 pursuant to ss. 120.536(1) and 120.54 to administer the
362 provisions of this part, as applicable.
363 (2)(a) The Department of Agriculture and Consumer Services
364 shall be the lead agency coordinating the reduction of
365 agricultural nonpoint sources of pollution for springs
366 protection. The Department of Agriculture and Consumer Services
367 and the department pursuant to sp. 403.067(7)(c)4, shall study
368 and if necessary, in cooperation with the other cooperating
369 entities, applicable county and municipal governments and
370 stakeholders, initiate rulemaking to implement new or revised
371 best management practices for improving and protecting springs.
372 As needed to implement the new or revised practices, the
373 Department of Agriculture and Consumer Services, shall revise
374 its best management practices rules to require implementation of
375 the modified practice within a reasonable time period as
376 specified in the rule.
377 (b) The Department of Agriculture and Consumer Services,
378 the department, and the University of Florida, Institute of Food
379 an Agricultural Sciences shall cooperate in the conduct of
380 necessary research and demonstration projects to develop
381 improved or additional nutrient management tools, including the
382 use of controlled release fertilizer, which can be used by
383 agricultural producers as part of an agricultural best
384 management practices program. The development of such tools
385 shall reflect a balance between water quality improvements and
386 agricultural productivity and, where applicable, shall be
387 incorporated into revised best management practices adopted by
388 rule of the Department of Agriculture and Consumer Services.
389 (3) The department shall as a part of the rules developed
390 for this part include provisions that allow for the variance of
391 the compliance deadlines provided for in paragraph (b) of s.
392 369.404(2). Such variance shall, at a minimum, be based on the
393 financial ability of the responsible county or municipality to
394 meet the requirements of this part.
395 Section 24. Paragraph (l) is added to subsection (6) of
396 section 163.3177, Florida Statutes, to read:
397 163.3177 Required and optional elements of comprehensive
398 plan; studies and surveys.—
399 (6) In addition to the requirements of subsections (1)-(5)
400 and (12), the comprehensive plan shall include the following
401 elements:
402 (l) In counties or municipalities, or portions thereof,
403 designated as spring protection zones pursuant to s. 369.404,
404 during the first comprehensive plan evaluation and appraisal
405 report conducted after July 1, 2009, a spring protection measure
406 that ensures the protection of and, where necessary, restoration
407 of water quality in springs shall be added to the appropriate
408 comprehensive plan element. The measure must address minimizing
409 human impacts on springs from development through protecting
410 karst features, as defined in s. 369.403, during and after the
411 development process, ensuring that future development follows
412 low-impact design principles, ensuring that landscaping and
413 fertilizer use are consistent with the Florida Friendly
414 Landscaping program, ensuring adequate open space, and providing
415 for proper management of stormwater and wastewater to minimize
416 their effects on the water quality of springs. The spring
417 protection measure must be based on low-impact design,
418 landscaping, and fertilizer best-management and use practices
419 and principles developed by the Department of Environmental
420 Protection and contained in the Florida Friendly Landscape
421 Guidance Models for Ordinances, Covenants, and Restrictions. The
422 Department of Environmental Protection and the state land
423 planning agency shall make information concerning such best
424 management and use practices and principles prominently
425 available on their websites. In addition, all landscape design
426 and irrigation systems must meet the standards established
427 pursuant to s. 373.228(4). Failure to adopt a spring protection
428 measure shall result in a prohibition on any plan amendments
429 until the measure is adopted.
430 Section 25. Subsection (7) of section 403.1835, Florida
431 Statutes, is amended to read:
432 403.1835 Water pollution control financial assistance.—
433 (7) Eligible projects must be given priority according to
434 the extent each project is intended to remove, mitigate, or
435 prevent adverse effects on surface or ground water quality and
436 public health. The relative costs of achieving environmental and
437 public health benefits must be taken into consideration during
438 the department’s assignment of project priorities. The
439 department shall adopt a priority system by rule. In developing
440 the priority system, the department shall give priority to
441 projects that:
442 (a) Eliminate public health hazards;
443 (b) Enable compliance with laws requiring the elimination
444 of discharges to specific water bodies, including the
445 requirements of s. 403.086(9) regarding domestic wastewater
446 ocean outfalls;
447 (c) Assist in the implementation of total maximum daily
448 loads and basin management action plans adopted under s.
449 403.067;
450 (d) Enable compliance with other pollution control
451 requirements, including, but not limited to, toxics control,
452 wastewater residuals management, and reduction of nutrients and
453 bacteria;
454 (e) Assist in the implementation of surface water
455 improvement and management plans and pollutant load reduction
456 goals developed under state water policy;
457 (f) Promote reclaimed water reuse;
458 (g) Eliminate environmental damage caused by failing onsite
459 sewage treatment and disposal systems, with priority given to
460 systems located within an area designated as an area of critical
461 state concern under s. 380.05 or located in a spring protection
462 zone designated pursuant to s. 369.404 or those that are causing
463 environmental damage; or
464 (h) Reduce pollutants to and otherwise promote the
465 restoration of state Florida’s surface and ground waters.
466 Section 26. All state agencies and water management
467 districts shall asses nitrogen loading from all publically owned
468 buildings and facilities owned or managed by each respective
469 agency or district located within a spring protection zone using
470 a consistent methodology, evaluate existing management
471 activities, and develop and begin implementing management plans
472 to reduce adverse impacts to the springs no later than December
473 31, 2011.
474 Section 27. Present paragraphs (d) through (n) of
475 subsection (3) of section 381.0065, Florida Statutes, are
476 redesignated as paragraphs (e) through (o), respectively, and a
477 new paragraph (d) is added to that subsection, to read:
478 381.0065 Onsite sewage treatment and disposal systems;
479 regulation.—
480 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
481 department shall:
482 (d) Develop and implement a mandatory statewide onsite
483 sewage treatment and disposal system inspection program.
484 1. The program shall:
485 a. Be phased in over a 10-year cycle and provide that every
486 system is inspected on a 5-year recurring cycle.
487 b. Initially target those systems inspected under other
488 departmental criteria.
489 c. Provide for the exemption of those systems in areas
490 where the density of systems is fewer than 1 per 3 acres unless
491 the property abuts a water body or water segment that is listed
492 as impaired pursuant to s. 403.067, or is within a county
493 designated as a spring protection zone pursuant to s. 369.404.
494 2. The department, local government, or state-licensed
495 septic tank contractor or plumber shall charge an additional fee
496 of up to $20 for each system inspected. Upon completion of the
497 inspection, the entity conducting the inspection must submit an
498 application for approval to the department and provide a copy to
499 the owner. The department must approve the system for continued
500 use or notify the owner of the requirement for a repair or
501 modification permit.
502 3. Revenues from the fee must be deposited in the
503 appropriate department trust fund, and a minimum of 50 percent
504 of the revenues shall be dedicated to the grant program created
505 pursuant to s. 369.407.
506 Section 28. Paragraph (m) is added to subsection (9) of
507 section 259.105, Florida Statutes, to read:
508 259.105 The Florida Forever Act.—
509 (9) The Acquisition and Restoration Council shall recommend
510 rules for adoption by the board of trustees to competitively
511 evaluate, select, and rank projects eligible for Florida Forever
512 funds pursuant to paragraph (3)(b) and for additions to the
513 Conservation and Recreation Lands list pursuant to ss. 259.032
514 and 259.101(4). In developing these proposed rules, the
515 Acquisition and Restoration Council shall give weight to the
516 following criteria:
517 (m) Any part of the project area falls within a springs
518 protection zone as defined by ss. 369.401-369.407.
519 Section 29. Section 403.9335, Florida Statutes, is created
520 to read:
521 403.9335 Protection of urban and residential environments
522 and water.—
523 (1) The Legislature finds that the implementation of the
524 department’s Model Ordinance for Florida-Friendly Fertilizer Use
525 on Urban Landscapes located in the Florida-Friendly Landscape
526 Guidance Models for Ordinances, Covenants, and Restrictions
527 (2009) manual, which was developed consistent with the
528 recommendations of the Florida Consumer Fertilizer Task Force,
529 in concert with the provisions of the Labeling Requirements for
530 Urban Turf Fertilizers found in chapter 5E-1 Florida
531 Administrative Code, will assist in protecting the quality of
532 Florida’s surface water and ground water resources. The
533 Legislature further finds that local circumstances, including
534 the varying types and conditions of water bodies, site-specific
535 soils and geology, and urban or rural densities and
536 characteristics, necessitates that additional or more stringent
537 fertilizer-management practices may be needed at the local
538 government level.
539 (2) All county and municipal governments are encouraged to
540 adopt and enforce the provisions in the department’s Model
541 Ordinance for Florida-Friendly Fertilizer Use on Urban
542 Landscapes as a mechanism for better protecting local surface
543 water and ground water quality.
544 (3) Each county and municipal government located within the
545 watershed of a water body or water segment that is listed by the
546 department as impaired by nutrients pursuant to s. 403.067, or
547 designated as a spring protection zone pursuant to 369.404,
548 shall adopt, at a minimum, the provisions of the department’s
549 Model Ordinance for Florida-Friendly Fertilizer Use on Urban
550 Landscapes. A county or municipal government may adopt
551 additional or more stringent provisions than the model ordinance
552 if the following criteria are met:
553 (a) The county or municipal government has demonstrated, as
554 part of a comprehensive program to address nonpoint sources of
555 nutrient pollution which is science-based, economically and
556 technically feasible, that additional or more stringent
557 provisions to the model ordinance are necessary to adequately
558 address urban fertilizer contributions to nonpoint source
559 nutrient loading to a water body.
560 (b) The county or municipal government documents
561 consideration of all relevant scientific information including
562 input from the department, the Department of Agriculture and
563 Consumer Services and the University of Florida Institute of
564 Food and Agricultural Sciences, if provided, on the need for
565 additional or more stringent provisions to address fertilizer
566 use as a contributor to water quality degradation. All
567 documentation shall be made part of the public record prior to
568 adoption of the additional or more stringent criteria.
569 (4) Any county or municipal government that has adopted its
570 own fertilizer use ordinance before January 1, 2009 is exempt
571 from the provisions of this section. Ordinances adopted or
572 amended after January 1, 2009 shall adopt the provisions in the
573 most recent version of the model fertilizer ordinance and shall
574 be subject to the criteria described in subsections (1) and (2)
575 above.
576 (5) Nothing herein shall be construed to regulate the use
577 of fertilizer on farm operations as defined in s. 823.14 or on
578 lands classified as agricultural lands pursuant to s. 193.461.
579 Section 30. Section 403.9337, Florida Statutes, is created
580 to read:
581 403.9337 Urban turf fertilizers.—
582 (1) As used in this section, the term:
583 (a) “No-phosphate fertilizer” or “no-phosphorus fertilizer”
584 means fertilizer that contains less than 0.5 percent phosphate
585 by weight.
586 (b) “Urban turf” means noncropland planted, mowed, and
587 managed grasses, including, but not limited to, residential
588 lawns; turf on commercial property; filter strips; and turf on
589 property owned by federal, state, or local governments and other
590 public lands, including roadways, roadsides, parks, campsites,
591 recreation areas, school grounds, and other public grounds. The
592 term does not include pastures, hay production and grazing land,
593 turf grown on sod farms, or any other form of agricultural
594 production; golf courses or sports turf fields; or garden
595 fruits, flowers, or vegetables.
596 (c) “Soil test” means a test performed on soil planted or
597 sodded, or that will be planted or sodded, by a laboratory
598 approved by the Department of Agriculture and Consumer Services
599 and performed within the last 2 years to indicate if the level
600 of available phosphorus in the soil is sufficient to support
601 healthy turf growth.
602 (d) “Tissue test” means a test performed on plant tissue
603 growing in the soil planted or sodded, or that will be planted
604 or sodded, by a laboratory approved by the Department of
605 Agriculture and Consumer Services and performed within the last
606 2 years to indicate if the level of available phosphorus in the
607 soil is sufficient to support healthy turf.
608 (2) Other than no-phosphate and no-phosphorus fertilizers,
609 fertilizer containing phosphorus may not be applied to urban
610 turf anywhere in this state on or after July 1, 2011, unless a
611 soil or tissue test that is conducted pursuant to a method
612 approved by the Department of Agriculture and Consumer Services
613 indicates:
614 (a) For turf that is being initially established by seed or
615 sod, the level of available phosphorus is insufficient to
616 establish new turf growth and a root system. However, during the
617 first year, a one-time application only of up to 1 pound of
618 phosphate per 1,000 square feet of area may be applied.
619 (b) For established turf, the level of available phosphorus
620 is insufficient to support healthy turf growth. However, no more
621 than 0.25 pound of phosphate per 1,000 square feet of area per
622 each application may be applied, not to exceed 0.5 pound of
623 phosphate per 1,000 square feet of area per year.
624 Section 31. Effective July 1, 2010, all of the powers,
625 duties, functions, records, personnel, and property; unexpended
626 balances of appropriations, allocations, and other funds;
627 administrative authority; administrative rules; pending issues;
628 and existing contracts of the Bureau of Onsite Sewage Programs
629 in the Department of Health, as authorized and governed by ss.
630 20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
631 381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
632 a type II transfer, pursuant to s. 20.06(2), to the Florida
633 Department of Environmental Protection. In addition all existing
634 powers, duties, functions, records, personnel, and property;
635 unexpended balances of appropriations, allocations, and other
636 funds; administrative authority; administrative rules; pending
637 issues; and existing contracts associated with county health
638 departments’ onsite sewage programs are transferred to the
639 Department of Environmental Protection.
640 Section 32. Subsection (6) of section 369.317, Florida
641 Statutes, is amended to read:
642 369.317 Wekiva Parkway.—
643 (6) The Orlando-Orange County Expressway Authority is
644 hereby granted the authority to act as a third-party acquisition
645 agent, pursuant to s. 259.041 on behalf of the Board of Trustees
646 or chapter 373 on behalf of the governing board of the St. Johns
647 River Water Management District, for the acquisition of all
648 necessary lands, property and all interests in property
649 identified herein, including fee simple or less-than-fee simple
650 interests. The lands subject to this authority are identified in
651 paragraph 10.a., State of Florida, Office of the Governor,
652 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
653 of the Wekiva Basin Area Task Force created by Executive Order
654 2002-259, such lands otherwise known as Neighborhood Lakes, a
655 1,587+/- acre parcel located in Orange and Lake Counties within
656 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
657 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
658 Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
659 County within Section 37, Township 19 South, Range 28 East; New
660 Garden Coal; a 1,605+/- acre parcel in Lake County within
661 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
662 East; Pine Plantation, a 617+/- acre tract consisting of eight
663 individual parcels within the Apopka City limits. The Department
664 of Transportation, the Department of Environmental Protection,
665 the St. Johns River Water Management District, and other land
666 acquisition entities shall participate and cooperate in
667 providing information and support to the third-party acquisition
668 agent. The land acquisition process authorized by this paragraph
669 shall begin no later than December 31, 2004. Acquisition of the
670 properties identified as Neighborhood Lakes, Pine Plantation,
671 and New Garden Coal, or approval as a mitigation bank shall be
672 concluded no later than December 31, 2010. Department of
673 Transportation and Orlando-Orange County Expressway Authority
674 funds expended to purchase an interest in those lands identified
675 in this subsection shall be eligible as environmental mitigation
676 for road construction related impacts in the Wekiva Study Area.
677 If any of the lands identified in this subsection are used as
678 environmental mitigation for road construction related impacts
679 incurred by the Department of Transportation or Orlando-Orange
680 County Expressway Authority, or for other impacts incurred by
681 other entities, within the Wekiva Study Area or within the
682 Wekiva parkway alignment corridor, and if the mitigation offsets
683 these impacts, then the St. Johns River Water Management
684 District and the Department of Environmental Protection shall
685 consider the activity regulated under Part IV of Chapter 373 to
686 meet the cumulative impact requirements of s. 373.414(8)(a).
687 Section 33. Section 373.185, Florida Statutes, is amended
688 to read:
689 373.185 Local Florida-friendly landscaping Xeriscape
690 ordinances.—
691 (1) As used in this section, the term:
692 (a) “Local government” means any county or municipality of
693 the state.
694 (b) “Xeriscape” or “Florida-friendly landscaping landscape”
695 means quality landscapes that conserve water, and protect the
696 environment, and are adaptable to local conditions, and which
697 are drought tolerant. The principles of such landscaping
698 Xeriscape include planting the right plant in the right place,
699 efficient watering, appropriate fertilization, mulching,
700 attraction of wildlife, responsible management of yard pests,
701 recycling yard waste, reduction of stormwater runoff, and
702 waterfront protection. Additional components include practices
703 such as landscape planning and design, appropriate choice of
704 plants, soil analysis, which may include the appropriate use of
705 solid waste compost, minimizing the use of efficient irrigation,
706 practical use of turf, appropriate use of mulches, and proper
707 maintenance.
708 (2) Each water management district shall design and
709 implement an incentive program to encourage all local
710 governments within its district to adopt new ordinances or amend
711 existing ordinances to require Florida-friendly Xeriscape
712 landscaping for development permitted after the effective date
713 of the new ordinance or amendment. Each district shall adopt
714 rules governing the implementation of its incentive program and
715 governing the review and approval of local government Xeriscape
716 ordinances or amendments which are intended to qualify a local
717 government for the incentive program. Each district shall assist
718 the local governments within its jurisdiction by providing a
719 model Florida-friendly landscaping ordinance Xeriscape code and
720 other technical assistance. Each district may develop its own
721 model or use a model contained in the “Florida-Friendly
722 Landscape Guidance Models for Ordinances, Covenants, and
723 Restrictions” manual developed by the department. To qualify for
724 a district’s incentive program, a local government Xeriscape
725 ordinance or amendment, in order to qualify the local government
726 for a district’s incentive program, must include, at a minimum:
727 (a) Landscape design, installation, and maintenance
728 standards that result in water conservation and water quality
729 protection or restoration. Such standards must shall address the
730 use of plant groupings, soil analysis including the promotion of
731 the use of solid waste compost, efficient irrigation systems,
732 and other water-conserving practices.
733 (b) Identification of prohibited invasive exotic plant
734 species consistent with s. 581.091.
735 (c) Identification of controlled plant species, accompanied
736 by the conditions under which such plants may be used.
737 (d) A provision specifying the maximum percentage of
738 irrigated turf and the maximum percentage of impervious surfaces
739 allowed in a Florida-friendly landscaped xeriscaped area and
740 addressing the practical selection and installation of turf.
741 (e) Specific standards for land clearing and requirements
742 for the preservation of existing native vegetation.
743 (f) A monitoring program for ordinance implementation and
744 compliance.
745 (3) Each water management district shall also The districts
746 also shall work with the department, local governments, county
747 extension agents or offices, nursery and landscape industry
748 groups, and other interested stakeholders to promote, through
749 educational programs, and publications, and other district
750 activities authorized under this chapter, the use of Florida
751 friendly landscaping Xeriscape practices, including the use of
752 solid waste compost, in existing residential and commercial
753 development. In conducting these activities, each district shall
754 use the materials developed by the department, the Institute of
755 Food and Agricultural Sciences at the University of Florida, and
756 the Center for Landscape Conservation and Ecology Florida
757 Friendly Landscaping program, including, but not limited to, the
758 Florida Yards and Neighborhoods Program for homeowners, the
759 Florida Yards and Neighborhoods Builder Developer Program for
760 developers, and the Green Industries Best Management Practices
761 Program for landscaping professionals. Each district may develop
762 supplemental materials as appropriate to address the physical
763 and natural characteristics of the district. The districts shall
764 coordinate with the department and the Institute of Food and
765 Agricultural Sciences at the University of Florida if revisions
766 to the educational materials are needed. This section may not be
767 construed to limit the authority of the districts to require
768 Xeriscape ordinances or practices as a condition of any
769 consumptive use permit.
770 (a) The Legislature finds that the use of Florida-friendly
771 landscaping and other water use and pollution prevention
772 measures to conserve or protect the state’s water resources
773 serves a compelling public interest and that the participation
774 of homeowners’ associations and local governments is essential
775 to state’s efforts in water conservation and water quality
776 protection and restoration.
777 (b)(3) A deed restriction, or covenant entered after
778 October 1, 2001, or local government ordinance may not prohibit
779 or be enforced so as to prohibit any property owner from
780 implementing Xeriscape or Florida-friendly landscaping landscape
781 on his or her land or create any requirement or limitation in
782 conflict with any provision of part II of this chapter or a
783 water shortage order, other order, consumptive use permit, or
784 rule adopted or issued pursuant to part II of this chapter.
785 (4) This section does not limit the authority of the
786 department or the water management districts to require Florida
787 friendly landscaping ordinances or practices as a condition of
788 any permit issued under this chapter.
789 Section 34. Section 373.187, Florida Statutes, is created
790 to read:
791 373.187 Water management district implementation of
792 Florida-friendly landscaping.—Each water management district
793 shall use Florida-friendly landscaping, as defined in s.
794 373.185, on public property associated with buildings and
795 facilities owned by the district and constructed after June 30,
796 2009. Each district shall also develop a 5-year program for
797 phasing in the use of Florida-friendly landscaping on public
798 property associated with buildings or facilities owned by the
799 district and constructed before July 1, 2009.
800 Section 35. Section 373.228, Florida Statutes, is amended
801 to read:
802 373.228 Landscape irrigation design.—
803 (1) The Legislature finds that multiple areas throughout
804 the state have been identified by water management districts as
805 water resource caution areas, which indicates that in the near
806 future water demand in those areas will exceed the current
807 available water supply and that conservation is one of the
808 mechanisms by which future water demand will be met.
809 (2) The Legislature finds that landscape irrigation
810 comprises a significant portion of water use and that the
811 current typical landscape irrigation systems system and Florida
812 friendly landscaping xeriscape designs offer significant
813 potential water conservation benefits.
814 (3) It is the intent of the Legislature to improve
815 landscape irrigation water use efficiency by ensuring that
816 landscape irrigation systems meet or exceed minimum design
817 criteria.
818 (4) The water management districts shall work with the
819 Florida Nursery, Nurserymen and Growers and Landscape
820 Association, the Florida Native Plant Society, the Florida
821 Chapter of the American Society of Landscape Architects, the
822 Florida Irrigation Society, the Department of Agriculture and
823 Consumer Services, the Institute of Food and Agricultural
824 Sciences, the Department of Environmental Protection, the
825 Department of Transportation, the Florida League of Cities, the
826 Florida Association of Counties, and the Florida Association of
827 Community Developers to develop landscape irrigation and
828 Florida-friendly landscaping xeriscape design standards for new
829 construction which incorporate a landscape irrigation system and
830 develop scientifically based model guidelines for urban,
831 commercial, and residential landscape irrigation, including drip
832 irrigation, for plants, trees, sod, and other landscaping. The
833 landscape and irrigation design standards shall be based on the
834 irrigation code defined in the Florida Building Code, Plumbing
835 Volume, Appendix F. Local governments shall use the standards
836 and guidelines when developing landscape irrigation and Florida
837 friendly landscaping xeriscape ordinances. By January 1, 2011,
838 the agencies and entities specified in this subsection shall
839 review the standards and guidelines to determine whether new
840 research findings require a change or modification of the
841 standards and guidelines.
842 (5) In evaluating water use applications from public water
843 suppliers, water management districts shall consider whether the
844 applicable local government has adopted ordinances for
845 landscaping and irrigation systems consistent with the Florida
846 friendly landscaping provisions of s. 373.185.
847 Section 36. Subsection (3) of section 373.323, Florida
848 Statutes, is amended to read:
849 373.323 Licensure of water well contractors; application,
850 qualifications, and examinations; equipment identification.—
851 (3) An applicant who meets the following requirements is
852 shall be entitled to take the water well contractor licensure
853 examination to practice water well contracting:
854 (a) Is at least 18 years of age.
855 (b) Has at least 2 years of experience in constructing,
856 repairing, or abandoning water wells. Satisfactory proof of such
857 experience is demonstrated by providing:
858 1. Evidence of the length of time the applicant has been
859 engaged in the business of the construction, repair, or
860 abandonment of water wells as a major activity, as attested to
861 by a letter from three of the following persons:
862 a. A water well contractor.
863 b. A water well driller.
864 c. A water well parts and equipment vendor.
865 d. A water well inspector employed by a governmental
866 agency.
867 2. A list of at least 10 water wells that the applicant has
868 constructed, repaired, or abandoned within the preceding 5
869 years. Of these wells, at least seven must have been
870 constructed, as defined in s. 373.303(2), by the applicant. The
871 list must also include:
872 a. The name and address of the owner or owners of each
873 well.
874 b. The location, primary use, and approximate depth and
875 diameter of each well.
876 c. The approximate date the construction, repair, or
877 abandonment of each well was completed.
878 (c) Has completed the application form and remitted a
879 nonrefundable application fee.
880 Section 37. Subsection (8) of section 373.333, Florida
881 Statutes, is amended to read:
882 373.333 Disciplinary guidelines; adoption and enforcement;
883 license suspension or revocation.—
884 (8) The water management district may impose through an
885 order an administrative fine not to exceed $5,000 per occurrence
886 against an unlicensed person if when it determines that the
887 unlicensed person has engaged in the practice of water well
888 contracting, for which a license is required.
889 Section 38. Section 125.568, Florida Statutes, is amended
890 to read:
891 125.568 Conservation of water; Florida-friendly landscaping
892 Xeriscape.—
893 (1)(a) The Legislature finds that Florida-friendly
894 landscaping Xeriscape contributes to the conservation,
895 protection, and restoration of water. In an effort to meet the
896 water needs of this state in a manner that will supply adequate
897 and dependable supplies of water where needed, it is the intent
898 of the Legislature that Florida-friendly landscaping Xeriscape
899 be an essential part of water conservation and water quality
900 protection and restoration planning.
901 (b) As used in this section, “Xeriscape” or “Florida
902 friendly landscaping” has the same meaning as in s. 373.185
903 landscape” means quality landscapes that conserve water and
904 protect the environment and are adaptable to local conditions
905 and which are drought tolerant. The principles of Xeriscape
906 include planning and design, appropriate choice of plants, soil
907 analysis which may include the use of solid waste compost,
908 practical use of turf, efficient irrigation, appropriate use of
909 mulches, and proper maintenance.
910 (2) The board of county commissioners of each county shall
911 consider enacting ordinances, consistent with s. 373.185,
912 requiring the use of Florida-friendly landscaping Xeriscape as a
913 water conservation or water quality protection or restoration
914 measure. If the board determines that such landscaping Xeriscape
915 would be of significant benefit as a water conservation or water
916 quality protection or restoration measure, especially for waters
917 designated as impaired pursuant to s. 403.067, relative to the
918 cost to implement Florida-friendly Xeriscape landscaping in its
919 area of jurisdiction, the board shall enact a Florida-friendly
920 landscaping Xeriscape ordinance. Further, the board of county
921 commissioners shall consider promoting Florida-friendly
922 landscaping Xeriscape as a water conservation or water quality
923 protection or restoration measure by: using such landscaping
924 Xeriscape in any, around, or near facilities, parks, and other
925 common areas under its jurisdiction which are landscaped after
926 the effective date of this act; providing public education on
927 Florida-friendly landscaping Xeriscape, its uses in increasing
928 as a water conservation and water quality protection or
929 restoration tool, and its long-term cost-effectiveness; and
930 offering incentives to local residents and businesses to
931 implement Florida-friendly Xeriscape landscaping.
932 (3)(a) The Legislature finds that the use of Florida
933 friendly landscaping and other water use and pollution
934 prevention measures to conserve or protect the state’s water
935 resources serves a compelling public interest and that the
936 participation of homeowners’ associations and local governments
937 is essential to the state’s efforts in water conservation and
938 water quality protection and restoration.
939 (b) A deed restriction, or covenant entered after October
940 1, 2001, or local government ordinance may not prohibit or be
941 enforced so as to prohibit any property owner from implementing
942 Xeriscape or Florida-friendly landscaping landscape on his or
943 her land or create any requirement or limitation in conflict
944 with any provision of part II of chapter 373 or a water shortage
945 order, other order, consumptive use permit, or rule adopted or
946 issued pursuant to part II of chapter 373.
947 Section 39. Section 166.048, Florida Statutes, is amended
948 to read:
949 166.048 Conservation of water; Florida-friendly landscaping
950 Xeriscape.—
951 (1)(a) The Legislature finds that Florida-friendly
952 landscaping Xeriscape contributes to the conservation,
953 protection, and restoration of water. In an effort to meet the
954 water needs of this state in a manner that will supply adequate
955 and dependable supplies of water where needed, it is the intent
956 of the Legislature that Florida-friendly landscaping Xeriscape
957 be an essential part of water conservation and water quality
958 protection and restoration planning.
959 (b) As used in this section, “Xeriscape” or “Florida
960 friendly landscaping” has the same meaning as in s. 373.185
961 landscape” means quality landscapes that conserve water and
962 protect the environment and are adaptable to local conditions
963 and which are drought tolerant. The principles of Xeriscape
964 include planning and design, appropriate choice of plants, soil
965 analysis which may include the use of solid waste compost,
966 practical use of turf, efficient irrigation, appropriate use of
967 mulches, and proper maintenance.
968 (2) The governing body of each municipality shall consider
969 enacting ordinances, consistent with s. 373.185, requiring the
970 use of Florida-friendly landscaping Xeriscape as a water
971 conservation or water quality protection or restoration measure.
972 If the governing body determines that such landscaping Xeriscape
973 would be of significant benefit as a water conservation or water
974 quality protection or restoration measure, especially for waters
975 designated as impaired pursuant to s. 403.067, relative to the
976 cost to implement Florida-friendly Xeriscape landscaping in its
977 area of jurisdiction in the municipality, the governing body
978 board shall enact a Florida-friendly landscaping Xeriscape
979 ordinance. Further, the governing body shall consider promoting
980 Florida-friendly landscaping Xeriscape as a water conservation
981 or water quality protection or restoration measure by: using
982 such landscaping Xeriscape in any, around, or near facilities,
983 parks, and other common areas under its jurisdiction which are
984 landscaped after the effective date of this act; providing
985 public education on Florida-friendly landscaping Xeriscape, its
986 uses in increasing as a water conservation and water quality
987 protection or restoration tool, and its long-term cost
988 effectiveness; and offering incentives to local residents and
989 businesses to implement Florida-friendly Xeriscape landscaping.
990 (3)(a) The Legislature finds that the use of Florida
991 friendly landscaping and other water use and pollution
992 prevention measures to conserve or protect the state’s water
993 resources serves a compelling public interest and that the
994 participation of homeowners’ associations and local governments
995 is essential to the state’s efforts in water conservation and
996 water quality protection and restoration.
997 (b) A deed restriction, or covenant entered after October
998 1, 2001, or local government ordinance may not prohibit or be
999 enforced so as to prohibit any property owner from implementing
1000 Xeriscape or Florida-friendly landscaping landscape on his or
1001 her land or create any requirement or limitation in conflict
1002 with any provision of part II of chapter 373 or a water shortage
1003 order, other order, consumptive use permit, or rule adopted or
1004 issued pursuant to part II of chapter 373.
1005 Section 40. Section 255.259, Florida Statutes, is amended
1006 to read:
1007 255.259 Florida-friendly Xeriscape landscaping on public
1008 property.—
1009 (1) The Legislature finds that water conservation and water
1010 quality protection and restoration are is increasingly critical
1011 to the continuance of an adequate water supply and healthy
1012 surface and ground waters for the citizens of this state. The
1013 Legislature further finds that “Florida-friendly landscaping
1014 Xeriscape,” as defined in s. 373.185, can contribute
1015 significantly to water the conservation and of water quality
1016 protection and restoration. Finally, the Legislature finds that
1017 state government has the responsibility to promote Florida
1018 friendly landscaping Xeriscape as a water conservation and water
1019 quality protection and restoration measure by using such
1020 landscaping Xeriscape on public property associated with
1021 publicly owned buildings or facilities.
1022 (2) As used in this section, “publicly owned buildings or
1023 facilities” means those construction projects under the purview
1024 of the Department of Management Services. The term It does not
1025 include environmentally endangered land or roads and highway
1026 construction under the purview of the Department of
1027 Transportation.
1028 (3) The Department of Management Services, in consultation
1029 with the Department of Environmental Protection, shall adopt
1030 rules and guidelines for the required use of Florida-friendly
1031 landscaping Xeriscape on public property associated with
1032 publicly owned buildings or facilities constructed after June
1033 30, 2009 1992. The Department of Management Services also shall
1034 also develop a 5-year program for phasing in the use of Florida
1035 friendly landscaping Xeriscape on public property associated
1036 with publicly owned buildings or facilities constructed before
1037 July 1, 2009 1992. In accomplishing these tasks, the Department
1038 of Management Services shall take into account the standards
1039 provided in guidelines set out in s. 373.185(2)(a)-(f). The
1040 Department of Transportation shall implement Florida-friendly
1041 Xeriscape landscaping pursuant to s. 335.167.
1042 (4)(a) The Legislature finds that the use of Florida
1043 friendly landscaping and other water use and pollution
1044 prevention measures to conserve or protect the state’s water
1045 resources serves a compelling public interest and that the
1046 participation of homeowners’ associations and local governments
1047 is essential to the state’s efforts in water conservation and
1048 water quality protection and restoration.
1049 (b) A deed restriction, or covenant entered after October
1050 1, 2001, or local government ordinance may not prohibit or be
1051 enforced so as to prohibit any property owner from implementing
1052 Xeriscape or Florida-friendly landscaping landscape on his or
1053 her land or create any requirement or limitation in conflict
1054 with any provision of part II of chapter 373 or a water shortage
1055 order, other order, consumptive use permit, or rule adopted or
1056 issued pursuant to part II of chapter 373.
1057 Section 41. Section 335.167, Florida Statutes, is amended
1058 to read:
1059 335.167 State highway construction and maintenance;
1060 Xeriscape or Florida-friendly landscaping.—
1061 (1) The department shall use and require the use of
1062 Florida-friendly landscaping Xeriscape practices, as defined in
1063 s. 373.185(1), in the construction and maintenance of all new
1064 state highways, wayside parks, access roads, welcome stations,
1065 and other state highway rights-of-way constructed upon or
1066 acquired after June 30, 2009 1992. The department shall develop
1067 a 5-year program for phasing in the use of Florida-friendly
1068 landscaping Xeriscape, including the use of solid waste compost,
1069 in state highway rights-of-way constructed upon or acquired
1070 before July 1, 2009 1992. In accomplishing these tasks, the
1071 department shall employ the standards guidelines set out in s.
1072 373.185(2)(a)-(f).
1073 (2)(a) The Legislature finds that the use of Florida
1074 friendly landscaping and other water use and pollution
1075 prevention measures to conserve or protect the state’s water
1076 resources serves a compelling public interest and that the
1077 participation of homeowners’ associations and local governments
1078 is essential to the state’s efforts in water conservation and
1079 water quality protection and restoration.
1080 (b) A deed restriction, or covenant entered after October
1081 1, 2001, or local government ordinance may not prohibit or be
1082 enforced so as to prohibit any property owner from implementing
1083 Xeriscape or Florida-friendly landscaping landscape on his or
1084 her land or create any requirement or limitation in conflict
1085 with any provision of part II of chapter 373 or a water shortage
1086 order, other order, consumptive use permit, or rule adopted or
1087 issued pursuant to part II of chapter 373.
1088 Section 42. Paragraph (a) of subsection (3) of section
1089 380.061, Florida Statutes, is amended to read:
1090 380.061 The Florida Quality Developments program.—
1091 (3)(a) To be eligible for designation under this program,
1092 the developer shall comply with each of the following
1093 requirements if which is applicable to the site of a qualified
1094 development:
1095 1. Donate or enter Have donated or entered into a binding
1096 commitment to donate the fee or a lesser interest sufficient to
1097 protect, in perpetuity, the natural attributes of the types of
1098 land listed below. In lieu of this the above requirement, the
1099 developer may enter into a binding commitment that which runs
1100 with the land to set aside such areas on the property, in
1101 perpetuity, as open space to be retained in a natural condition
1102 or as otherwise permitted under this subparagraph. Under the
1103 requirements of this subparagraph, the developer may reserve the
1104 right to use such areas for the purpose of passive recreation
1105 that is consistent with the purposes for which the land was
1106 preserved.
1107 a. Those wetlands and water bodies throughout the state
1108 which as would be delineated if the provisions of s.
1109 373.4145(1)(b) were applied. The developer may use such areas
1110 for the purpose of site access, provided other routes of access
1111 are unavailable or impracticable; may use such areas for the
1112 purpose of stormwater or domestic sewage management and other
1113 necessary utilities if to the extent that such uses are
1114 permitted pursuant to chapter 403; or may redesign or alter
1115 wetlands and water bodies within the jurisdiction of the
1116 Department of Environmental Protection which have been
1117 artificially created, if the redesign or alteration is done so
1118 as to produce a more naturally functioning system.
1119 b. Active beach or primary and, where appropriate,
1120 secondary dunes, to maintain the integrity of the dune system
1121 and adequate public accessways to the beach. However, the
1122 developer may retain the right to construct and maintain
1123 elevated walkways over the dunes to provide access to the beach.
1124 c. Known archaeological sites determined to be of
1125 significance by the Division of Historical Resources of the
1126 Department of State.
1127 d. Areas known to be important to animal species designated
1128 as endangered or threatened animal species by the United States
1129 Fish and Wildlife Service or by the Fish and Wildlife
1130 Conservation Commission, for reproduction, feeding, or nesting;
1131 for traveling between such areas used for reproduction, feeding,
1132 or nesting; or for escape from predation.
1133 e. Areas known to contain plant species designated as
1134 endangered plant species by the Department of Agriculture and
1135 Consumer Services.
1136 2. Produce, or dispose of, no substances designated as
1137 hazardous or toxic substances by the United States Environmental
1138 Protection Agency, or by the Department of Environmental
1139 Protection, or the Department of Agriculture and Consumer
1140 Services. This subparagraph does is not intended to apply to the
1141 production of these substances in nonsignificant amounts as
1142 would occur through household use or incidental use by
1143 businesses.
1144 3. Participate in a downtown reuse or redevelopment program
1145 to improve and rehabilitate a declining downtown area.
1146 4. Incorporate no dredge and fill activities in, and no
1147 stormwater discharge into, waters designated as Class II,
1148 aquatic preserves, or Outstanding Florida Waters, except as
1149 activities in those waters are permitted pursuant to s.
1150 403.813(2), and the developer demonstrates that those activities
1151 meet the standards under Class II waters, Outstanding Florida
1152 Waters, or aquatic preserves, as applicable.
1153 5. Include open space, recreation areas, Florida-friendly
1154 landscaping Xeriscape as defined in s. 373.185, and energy
1155 conservation and minimize impermeable surfaces as appropriate to
1156 the location and type of project.
1157 6. Provide for construction and maintenance of all onsite
1158 infrastructure necessary to support the project and enter into a
1159 binding commitment with local government to provide an
1160 appropriate fair-share contribution toward the offsite impacts
1161 that which the development will impose on publicly funded
1162 facilities and services, except offsite transportation, and
1163 condition or phase the commencement of development to ensure
1164 that public facilities and services, except offsite
1165 transportation, are will be available concurrent with the
1166 impacts of the development. For the purposes of offsite
1167 transportation impacts, the developer shall comply, at a
1168 minimum, with the standards of the state land planning agency’s
1169 development-of-regional-impact transportation rule, the approved
1170 strategic regional policy plan, any applicable regional planning
1171 council transportation rule, and the approved local government
1172 comprehensive plan and land development regulations adopted
1173 pursuant to part II of chapter 163.
1174 7. Design and construct the development in a manner that is
1175 consistent with the adopted state plan, the applicable strategic
1176 regional policy plan, and the applicable adopted local
1177 government comprehensive plan.
1178 Section 43. Subsection (3) of section 388.291, Florida
1179 Statutes, is amended to read:
1180 388.291 Source reduction measures; supervision by
1181 department.—
1182 (3) Property owners in a developed residential area shall
1183 are required to maintain their property in such a manner that
1184 does so as not to create or maintain any standing freshwater
1185 condition capable of breeding mosquitoes or other arthropods in
1186 significant numbers so as to constitute a public health,
1187 welfare, or nuisance problem. Nothing in This subsection does
1188 not authorize shall permit the alteration of permitted
1189 stormwater management systems or prohibit maintained fish ponds,
1190 Florida-friendly landscaping xeriscaping, or other maintained
1191 systems of landscaping or vegetation. If such a condition is
1192 found to exist, the local arthropod control agency shall serve
1193 notice on the property owner to treat, remove, or abate the
1194 condition. Such notice is shall serve as prima facie evidence of
1195 maintaining a nuisance, and upon failure of the property owner
1196 to treat, remove, or abate the condition, the local arthropod
1197 control agency or any affected citizen may proceed pursuant to
1198 s. 60.05 to enjoin the nuisance and may recover costs and
1199 attorney’s fees if they prevail in the action.
1200 Section 44. Paragraph (a) of subsection (6) of section
1201 481.303, Florida Statutes, is amended to read:
1202 481.303 Definitions.—As used in this chapter:
1203 (6) “Landscape architecture” means professional services,
1204 including, but not limited to, the following:
1205 (a) Consultation, investigation, research, planning,
1206 design, preparation of drawings, specifications, contract
1207 documents and reports, responsible construction supervision, or
1208 landscape management in connection with the planning and
1209 development of land and incidental water areas, including the
1210 use of Florida-friendly landscaping Xeriscape as defined in s.
1211 373.185, where, and to the extent that, the dominant purpose of
1212 such services or creative works is the preservation,
1213 conservation, enhancement, or determination of proper land uses,
1214 natural land features, ground cover and plantings, or
1215 naturalistic and aesthetic values;
1216 Section 45. Subsection (4) of section 720.3075, Florida
1217 Statutes, is amended to read:
1218 720.3075 Prohibited clauses in association documents.—
1219 (4)(a) The Legislature finds that the use of Florida
1220 friendly landscaping and other water use and pollution
1221 prevention measures to conserve or protect the state’s water
1222 resources serves a compelling public interest and that the
1223 participation of homeowners’ associations and local governments
1224 is essential to the state’s efforts in water conservation and
1225 water quality protection and restoration.
1226 (b) Homeowners’ association documents, including
1227 declarations of covenants, articles of incorporation, or bylaws,
1228 entered after October 1, 2001, may not prohibit or be enforced
1229 so as to prohibit any property owner from implementing Xeriscape
1230 or Florida-friendly landscaping landscape, as defined in s.
1231 373.185(1), on his or her land or create any requirement or
1232 limitation in conflict with any provision of part II of chapter
1233 373 or a water shortage order, other order, consumptive use
1234 permit, or rule adopted or issued pursuant to part II of chapter
1235 373.
1236 Section 46. (1) A task force is established to develop
1237 legislative recommendations relating to stormwater management
1238 system design in the state. The task force shall:
1239 (a) Review the Joint Professional Engineers and Landscape
1240 Architecture Committee Report conducted pursuant to s. 17,
1241 chapter 88-347, Laws of Florida, and determine the current
1242 validity of the report and the need to revise any of the
1243 conclusions or recommendations.
1244 (b) Determine how a licensed and registered professional
1245 might demonstrate competency for stormwater management system
1246 design.
1247 (c) Determine how the Board of Professional Engineers and
1248 the Board of Landscape Architecture might administer
1249 certification tests or continuing education requirements for
1250 stormwater management system design.
1251 (d) Provide recommendations for grandfathering the rights
1252 of licensed professionals who currently practice stormwater
1253 management design in a manner that will allow them to continue
1254 to practice without meeting any new requirements the task force
1255 recommends be placed on licensed professionals in the future.
1256 (2)(a) The Board of Landscape Architecture, the Board of
1257 Professional Engineers, the Florida Engineering Society, the
1258 Florida Chapter of the American Society of Landscape Architects,
1259 the Secretary of Environmental Protection, and the Secretary of
1260 Transportation shall each appoint one member to the task force.
1261 (b) Members of the task force may not be reimbursed for
1262 travel, per diem, or any other costs associated with serving on
1263 the task force.
1264 (c) The task force shall meet a minimum of four times
1265 either in person or via teleconference; however, a minimum of
1266 two meetings shall be public hearings with testimony.
1267 (d) The task force shall expire on November 1, 2009.
1268 (3) The task force shall provide its findings and
1269 legislative recommendations to the President of the Senate and
1270 the Speaker of the House of Representatives by November 1, 2009.
1271 Section 47. Except as otherwise expressly provided in this
1272 act, this act shall take effect July 1, 2009.
1273
1274
1275 ================= T I T L E A M E N D M E N T ================
1276 And the title is amended as follows:
1277 Delete line 99
1278 and insert:
1279 provisions; creating part IV of ch. 369, F.S.; providing a
1280 short title; providing legislative findings and intent with
1281 respect to the need to protect and restore springs and ground
1282 water; providing definitions; requiring the Department of
1283 Environmental Protection to delineate the springsheds of
1284 specified springs; requiring the department to adopt spring
1285 protection zones by secretarial order; requiring the department
1286 to adopt total maximum daily loads and basin management action
1287 plans for spring systems; providing effluent requirements for
1288 domestic wastewater treatment facilities; providing requirements
1289 for onsite sewage treatment and disposal systems; providing
1290 requirements for agricultural operations; authorizing the
1291 Department of Environmental Protection, the Department of
1292 Health, and the Department of Agriculture and Consumer Services
1293 to adopt rules; amending s. 163.3177, F.S.; requiring certain
1294 local governments to adopt a springs protection element as one
1295 of the required elements of the comprehensive plan by a
1296 specified date; providing that certain design principles be
1297 included in the element; requiring the Department of
1298 Environmental Protection and the state land planning agency to
1299 make information available concerning best-management practices;
1300 prohibiting a local government that fails to adopt a springs
1301 protection element from amending its comprehensive plan;
1302 amending s. 403.1835, F.S.; including certain areas of critical
1303 state concern and the spring protection zones established by the
1304 act among projects that are eligible for certain financial
1305 assistance; requiring the Department of Environmental
1306 Protection, the Department of Agriculture and Consumer Services,
1307 and water management districts to assess nitrogen loading and
1308 begin implementing management plans within the spring protection
1309 zones by a specified date; amending s. 381.0065, F.S.; requiring
1310 the Department of Health to implement a statewide onsite sewage
1311 treatment and disposal system inspection program; providing a
1312 10-year phase-in cycle; requiring inspection; providing specific
1313 exemptions; providing fee requirements; providing disposition of
1314 fees; amending s. 259.105, F.S.; providing priority under the
1315 Florida Forever Act for projects within a springs protection
1316 zone; creating s. 403.9335, F.S.; providing legislative
1317 findings; providing for model ordinances for the protection of
1318 urban and residential environments and water; requiring the
1319 Department of Environmental Protection to adopt a model
1320 ordinance by a specified date; requiring municipalities and
1321 counties having impaired water bodies or segments to adopt the
1322 ordinance; creating s. 403.9337, F.S.; providing definitions;
1323 prohibiting use of certain fertilizers after a specified date;
1324 providing for exemptions; transferring by a type II transfer the
1325 Bureau of Onsite Sewage from the Department of Health to the
1326 Department of Environmental Protection; amending s. 369.317,
1327 F.S.; clarifying mitigation offsets in the Wekiva Study Area;
1328 amending s. 373.185, F.S.; revising the definition of Florida
1329 friendly landscaping; deleting references to “xeriscape”;
1330 requiring water management districts to provide model Florida
1331 friendly landscaping ordinances to local governments; revising
1332 eligibility criteria for certain incentive programs of the water
1333 management districts; requiring certain local government
1334 ordinances and amendments to include certain design standards
1335 and identify specified invasive exotic plant species; requiring
1336 water management districts to consult with additional entities
1337 for activities relating to Florida-friendly landscaping
1338 practices; specifying programs for the delivery of educational
1339 programs relating to such practices; providing legislative
1340 findings; providing that certain regulations prohibiting the
1341 implementation of Florida-friendly landscaping or conflicting
1342 with provisions governing the permitting of consumptive uses of
1343 water are prohibited; providing that the act does not limit the
1344 authority of the department or the water management districts to
1345 require Florida-friendly landscaping ordinances or practices as
1346 a condition of certain permit; creating s. 373.187, F.S.;
1347 requiring water management districts to implement Florida
1348 friendly landscaping practices on specified properties;
1349 requiring districts to develop specified programs for
1350 implementing such practices on other specified properties;
1351 amending s. 373.228, F.S.; requiring water management districts
1352 to work with specified entities to develop certain standards;
1353 requiring water management districts to consider certain
1354 information in evaluating water use applications from public
1355 water suppliers; conforming provisions to changes made by the
1356 act; amending s. 373.323, F.S.; revising application
1357 requirements for water well contractor licensure; requiring
1358 applicants to provide specified documentation; amending s.
1359 373.333, F.S.; authorizing an administrative fine to be imposed
1360 for each occurrence of unlicensed well water contracting;
1361 amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
1362 388.291, 481.303, and 720.3075, F.S.; conforming provisions to
1363 changes made by the act; revising provisions requiring the use
1364 of Florida-friendly landscaping for specified public properties
1365 and highway construction and maintenance projects; establishing
1366 a task force to develop recommendations relating to stormwater
1367 management system design; specifying study criteria; providing
1368 for task force membership, meetings, and expiration; requiring
1369 the task force to submit findings and legislative
1370 recommendations to the Legislature by a specified date;providing
1371 an effective date.
1372