Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 274
Barcode 768904
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/17/2009 .
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The Committee on Environmental Preservation and Conservation
(Constantine) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. 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 ground water 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) “Biologically impaired spring” means a spring whose
36 discharge waters contain concentrations of nitrogen greater than
37 0.5 milligrams per liter when measured at the spring boil.
38 (2) “Cooperating entities” means the Department of
39 Environmental Protection, the Department of Health, the
40 Department of Agriculture and Consumer Services, the Department
41 of Community Affairs, the Department of Transportation, and each
42 water management district and those local governments and
43 municipalities having jurisdiction in the areas of the springs
44 identified in s. 369.404.
45 (3) “Department” means the Department of Environmental
46 Protection.
47 (4) “Estimated sewage flow” means the quantity of domestic
48 and commercial wastewater in gallons per day which is expected
49 to be produced by an establishment or single-family residence as
50 determined by rule of the Department of Health.
51 (5) “First magnitude spring” means a spring that has a
52 median discharge of greater than or equal to 100 cubic feet per
53 second for the period of record, as determined by the
54 department.
55 (6) “Onsite sewage treatment and disposal system,” or
56 “septic system” means a system that contains a standard
57 subsurface, filled, or mound drainfield system; an aerobic
58 treatment unit; a graywater system tank; a laundry wastewater
59 system tank; a septic tank; a grease interceptor; a pump tank; a
60 solids or effluent pump; a waterless, incinerating, or organic
61 waste-composting toilet; or a sanitary pit privy that is
62 installed or proposed to be installed beyond the building sewer
63 on land of the owner or on other land to which the owner has the
64 legal right to install a system. The term includes any item
65 placed within, or intended to be used as a part of or in
66 conjunction with, the system. This term does not include package
67 sewage treatment facilities and other treatment works regulated
68 under chapter 403.
69 (7) “Second magnitude spring” means a spring that has a
70 median discharge of 10 to 100 cubic feet per second for the
71 period of record, as determined by the department.
72 (8) “Spring” means a point where ground water is discharged
73 onto the earth’s surface, including under any surface water of
74 the state, excluding seeps. The term includes a spring run.
75 (9) “Spring run” means a body of flowing water that
76 originates from a spring and whose primary source of water is
77 from a spring or springs under average rainfall conditions.
78 (10) “Springshed” means those areas within the groundwater
79 and surface water basins which contribute to the discharge of a
80 spring.
81 (11) “Usable property” means the area of the property
82 expressed in acres exclusive of all paved areas and prepared
83 road beds within public or private rights-of-way or easements
84 and exclusive of surface water bodies.
85 369.404 Designation of spring protection zones.-
86 (1) All counties or municipalities in which there are
87 located first or second magnitude springs are hereby designated
88 as spring protection zones.
89 (2) Counties or municipalities, upon application to the
90 department, may seek to have specific geographic areas exempted
91 from this designation by demonstrating that activities within
92 such areas will not impact the springshed in a manner that leads
93 to new or continued degradation.
94 (3) The department is directed to develop standards and
95 rules that provide the minimum scientific methodologies, data or
96 tools that shall be used by a county to support the request for
97 an exemption.
98 (4) Pursuant to 369.404(2), the department may deny an
99 application for exemption or may modify the boundaries of the
100 specific geographic areas for which an exemption is sought,
101 provided that the application fails to meet the requirements in
102 369.404(3).
103 369.405 Requirements for spring protection zones in which
104 there are biologically impaired springs.—
105 (1) Domestic wastewater discharge and wastewater residual
106 application must comply with the requirements of this
107 subsection.
108 (a) All wastewater discharges from facilities having
109 permitted capacities greater than or equal to 10,000 gallons per
110 day must meet the advanced waste treatment requirements of s.
111 403.086(4) by July 1, 2014.
112 (b) All wastewater discharges from facilities having
113 permitted capacities less than 10,000 gallons per day must meet
114 the advanced waste treatment requirements of s. 403.086(4) by
115 July 1, 2016.
116 (c) All newly constructed or substantially renovated
117 wastewater facilities permitted after July 1, 2009 must meet the
118 advanced wastewater treatment requirements of s. 403.086(4).
119 (d) After July 1, 2010, land application of Class A or
120 Class B wastewater residuals, as defined by department rule, is
121 prohibited. This prohibition does not apply to Class AA
122 residuals that are marketed and distributed as fertilizer
123 products in accordance with department rule.
124 This subsection does not limit the department’s authority
125 to require additional treatment or other actions pursuant to
126 chapter 403, as necessary, to meet surface and groundwater
127 quality standards.
128 (2) Onsite sewage treatment and disposal systems must
129 comply with the requirements of this subsection.
130 (a) In areas permitted to or that contain septic systems in
131 densities greater than or equal to 300 systems per square mile,
132 connection to a central wastewater treatment facility or other
133 centralized collection and treatment system shall be completed
134 by July 1, 2014. Lots that contain one septic system per every
135 two acres are exempt from this requirement.
136 (b) For all development not permitted as of July 1, 2009,
137 with septic system densities greater than or equal to 300
138 systems per square mile, connection to a central wastewater
139 treatment facility or other centralized collection and treatment
140 system is required.
141 (c) New septic systems, which are installed after July 1,
142 2009, must be designed to meet a target annual average
143 groundwater concentration of no more than 3 milligrams per liter
144 total nitrogen at the owner’s property line. Compliance with
145 these requirements does not require groundwater monitoring. The
146 Department of Health shall develop and adopt by rule design
147 standards for achieving these target annual average groundwater
148 concentrations. At a minimum, these standards must take into
149 consideration the relationship between the treatment level
150 archived by the septic system and the area of usable property
151 available for rainwater dilution.
152 (d) Prior to adoption of the design standards by the
153 Department of Health, compliance with the requirements in
154 paragraph (c) is presumed if one the following conditions are
155 met:
156 1. The lot associated with the establishment or single
157 family home is served by a septic system meeting the baseline
158 system standards set forth in rules of the Department of Health,
159 and the ratio of estimated sewage flow in gallons per day to
160 usable property is 100 to 1 or less.
161 2. The lot associated with the establishment or single
162 family home is served by a septic system meeting at least the
163 advanced secondary treatment standards set forth in rules of the
164 Department of Health, combined with a drip irrigation system.
165 (e) Paragraph (d) does not supersede the jurisdictional
166 flow limits established in s. 381.0065(3)(b).
167 (f) Land application of septage is prohibited and subject
168 to a $250 fine for a first offense and $500 fine for a second or
169 subsequent offense pursuant to the authority granted to the
170 Department of Health in s. 381.0065(3)(h).
171 (g) Any septic system, when requiring repair, modification,
172 or reapproval, must meet a 24-inch separation from the wet
173 season water table and the surface water setback requirements in
174 s. 381.0065(4). All treatment receptacles must be within one
175 size of the requirements in rules of the Department of Health
176 and must be tested for watertightness by a state-licensed septic
177 tank contractor or plumber.
178 (h) Each owner of a publicly owned or investor-owned
179 sewerage system must notify all owners of septic systems,
180 excluding approved graywater systems, of the availability of
181 central sewerage facilities for purposes of connection pursuant
182 to s. 381.00655(1) within 60 days after receipt of notification
183 from the department that collection facilities for the central
184 sewerage system have been cleared for use.
185 1. Notwithstanding s. 381.00655(2)(b), a publicly owned or
186 investor-owned sewerage system may not waive the requirement for
187 mandatory onsite sewage disposal connection to an available
188 publicly owned or investor-owned sewerage system, except as
189 provided in subparagraph 2.
190 2. With the approval of the department, a publicly owned or
191 investor-owned sewerage system may waive the requirement for
192 mandatory onsite sewage disposal connection for a sewage
193 treatment system that meets or exceeds standards established for
194 septic systems if it determines that such connection is not
195 required in the public interest due to water quality or public
196 health considerations.
197 (i) In hardship cases the Department of Health may grant
198 variances to the provisions of this section and any rules
199 adopted under this section in accordance with s. 381.0065(4)(h).
200 (3) Agricultural operations must:
201 (a) Implement applicable best-management practices adopted
202 by the Department of Agriculture and Consumer Services to reduce
203 nitrogen impacts to surface and groundwater. By December 31,
204 2009, the Department of Agriculture and Consumer Services, in
205 cooperation with the other cooperating entities and
206 stakeholders, must develop and propose for adoption by rule
207 equine, cow and calf, and forage grass best-management practices
208 pursuant to this paragraph
209 (b) Implement a nutrient management plan as developed and
210 adopted by the Department of Agriculture and Consumer Services
211 by July 1, 2011.
212 (c) All dairy operations must use lined lagoons for any
213 lagoon not permitted as of July 1, 2009.
214 (d) Comply with the nutrient management plan developed by
215 the Department of Agriculture and Consumer Services pursuant to
216 paragraph (b) for land spreading of animal waste not treated and
217 packaged as fertilizer.
218 (4) Stormwater systems must comply with the requirements of
219 this section.
220 (a) All drainage wells must be evaluated and a remediation
221 plan to reduce nitrogen loading to groundwater must be developed
222 and implemented by July 1, 2015.
223 (b) All management systems constructed prior to 1982 must
224 be evaluated and a remediation plan to reduce nitrogen loading
225 to groundwater must be developed and implemented by July 1,
226 2015.
227 (c) Local governments must, at a minimum, adopt the
228 department’s model ordinance for Florida Friendly Landscape
229 Guidance Models for Ordinances, Covenants, and Restrictions by
230 December 31, 2010.
231 369.406 Requirements for spring protection zones in which
232 there are no biologically impaired springs.—
233 (1) Domestic wastewater discharge and wastewater residual
234 application must comply with the requirements of this
235 subsection.
236 (a) All wastewater discharges from facilities having
237 permitted capacities greater than or equal to 100,000 gallons
238 per day must meet the advanced waste treatment requirements of
239 s. 403.086(4) by July 1, 2014.
240 (b) All wastewater discharges from facilities having
241 permitted capacities less than 100,000 gallons per day must meet
242 the advanced waste treatment requirements of s. 403.086(4) by
243 July 1, 2019.
244 (c) All newly constructed or substantially renovated
245 wastewater facilities permitted after July 1, 2009 must meet the
246 advanced wastewater treatment requirements of s. 403.086(4)
247 (d) Land application of Class A or B wastewater residuals,
248 as defined by department rule, is subject to review by the
249 department. This requirement does not apply to Class AA
250 residuals that are marketed and distributed as fertilizer
251 products in accordance with department rule.
252 This subsection does not limit the department’s authority
253 to require additional treatment or other actions pursuant to
254 chapter 403, as necessary, to meet surface and groundwater
255 quality standards.
256 (2) Onsite sewage treatment and disposal systems must
257 comply with the requirements of this subsection.
258 (a) In areas permitted to or containing septic systems in
259 densities greater than or equal to 300 systems per square mile,
260 connection to a central wastewater treatment facility or other
261 centralized collection and treatment system shall be completed
262 by July 1, 2019.
263 (b) For all development not permitted as of July 1, 2009,
264 with septic system densities greater than or equal to 300
265 systems per square mile, connection to a central wastewater
266 treatment facility or other centralized collection and treatment
267 system is required.
268 (c) New septic systems, as defined in s. 381.0065, which
269 are installed after July 1, 2009 must be designed to meet a
270 target annual average groundwater concentration of no more than
271 10 milligrams per liter total nitrogen at the owner’s property
272 line. Compliance with these requirements does not require
273 groundwater monitoring. The Department of Health shall develop
274 and adopt by rule design standards for achieving these target
275 annual average groundwater concentrations. At a minimum, these
276 standards must take into consideration the relationship between
277 the treatment level archived by the septic system and the area
278 of usable property available for rainwater dilution.
279 (d) Prior to adoption of the design standards by the
280 Department of Health, compliance with the requirements in
281 paragraph (c) is presumed if one of the following conditions is
282 met:
283 1. The lot associated with the establishment or single
284 family home is served by a septic system meeting the baseline
285 system standards set forth in rules of the Department of Health,
286 and the ratio of estimated sewage flow in gallons per day to
287 usable property is 400 to 1 or less.
288 2. The lot associated with the establishment or single
289 family home is served by a septic system meeting at least the
290 advanced secondary treatment standards set forth in rules of the
291 Department of Health, combined with a drip irrigation system.
292 (e) Paragraph (d) does not supersede the jurisdictional
293 flow limits established in s. 381.0065(3)(b).
294 (f) Any septic system, when requiring repair, modification,
295 or reapproval, must meet a 24-inch separation from the wet
296 season water table and the surface water setback requirements in
297 s. 381.0065(4). All treatment receptacles must be within one
298 size of the requirements in rules of the Department of Health
299 and must be tested for watertightness by a state-licensed septic
300 tank contractor or plumber.
301 (g) Each owner of a publicly owned or investor-owned
302 sewerage system must notify all owners of septic systems,
303 excluding approved graywater systems, of the availability of
304 central sewerage facilities for purposes of connection pursuant
305 to s. 381.00655(1) within 60 days after receipt of notification
306 from the department that collection facilities for the central
307 sewerage system have been cleared for use.
308 1. Notwithstanding s. 381.00655(2)(b), a publicly owned or
309 investor-owned sewerage system may not waive the requirement for
310 mandatory onsite sewage disposal connection to an available
311 publicly owned or investor-owned sewerage system, except as
312 provided in subparagraph 2.
313 2. With the approval of the department, a publicly owned or
314 investor-owned sewerage system may waive the requirement for
315 mandatory onsite sewage disposal connection for a sewage
316 treatment system that meets or exceeds standards established for
317 septic systems if it determines that such connection is not
318 required in the public interest due to water quality or public
319 health considerations.
320 (h) In hardship cases the Department of Health may grant
321 variances to the provisions of this section and any rules
322 adopted under this section in accordance with s. 381.0065(4)(h)
323 (3) Agricultural operations must:
324 (a) Implement applicable best-management practices adopted
325 by the Department of Agriculture and Consumer Services to reduce
326 nitrogen impacts to surface and groundwater. By December 31,
327 2009, the Department of Agriculture and Consumer Services, in
328 cooperation with the other cooperating entities and
329 stakeholders, must develop and propose for adoption by rule
330 equine, cow and calf, and forage grass best-management practices
331 pursuant to this paragraph.
332 (b) Dairy operations must use lined lagoons for any lagoon
333 not permitted as of July 1, 2009.
334 (4) Stormwater systems must comply with the requirements of
335 this section.
336 (a) All drainage wells must be evaluated and, if necessary,
337 a remediation plan to reduce nitrate loading to groundwater
338 developed and implemented by July 1, 2015.
339 (b) All management systems constructed prior to 1982 must
340 be evaluated and, if necessary, a remediation plan to reduce
341 nitrate loading to groundwater developed and implemented by July
342 1, 2015.
343 (c) Local governments must, at a minimum, adopt the
344 department’s model ordinance for Florida Friendly Landscape
345 Guidance Models for Ordinances, Covenants, and Restrictions by
346 December 31, 2010
347 369.407 Florida Springs Onsite Sewage Treatment and
348 Disposal System Compliance Grant Program.—
349 (1) The Florida Springs Onsite Sewage Treatment and
350 Disposal System Compliance Grant Program is established in the
351 Department of Health and shall be administered by the
352 department. The purpose of the program is to provide grants to
353 low-income property owners in spring protection zones using
354 septic systems to assist the property owners in complying with
355 rules for these systems developed by the Department of Health,
356 the Department of Environmental Protection, or the water
357 management districts and to enforce compliance with standards
358 for septic systems. The grant program is effective upon final
359 adoption of department rules and may be applied to costs
360 incurred on or after such date.
361 (2) Any property owner in a spring protection zone having
362 an income less than or equal to 200 percent of the federal
363 poverty level who is required by rule of the Department of
364 Health, the Department of Environmental Protection, or the water
365 management districts to alter, repair, or modify any existing
366 septic system to a nitrate-reducing treatment system on such
367 property may apply to the Department of Health for a grant to
368 assist the owner with the cost of compliance.
369 (3) The amount of the grant is limited to the cost
370 differential between the replacement of a comparable existing
371 septic system and that of an upgraded nitrate-reducing treatment
372 system, but may not exceed $5,000 per property.
373 (4) The grant must be in the form of a rebate to the
374 property owner for costs incurred in complying with the
375 requirements for septic systems. The property owner must provide
376 documentation of those costs in the grant application to the
377 Department of Health.
378 (5) The Department of Health shall adopt rules providing
379 forms, procedures, and requirements for applying for and
380 disbursing grants, including bid requirements, and for
381 documenting compliance costs incurred.
382 (6) The Department of Health, in coordination with the
383 Department of Environmental Protection and the water management
384 districts, shall continue to evaluate, by any means the
385 department deems appropriate, the level of nitrate deposited in
386 Florida springs by septic systems.
387 369.408 Rules.—
388 (1) The department, the Department of Health, and the
389 Department of Agriculture and Consumer Services may adopt rules
390 pursuant to ss. 120.536(1) and 120.54 to administer the
391 provisions of this part, as applicable.
392 (2) The Department of Agriculture and Consumer Services
393 shall be the lead agency in coordinating the reduction of
394 agricultural nonpoint sources of pollution for springs
395 protection. The department of Agriculture and Consumer Services,
396 and the department pursuant to s. 403.067(7)(c)4.,shall study
397 and if necessary, in cooperation with the other cooperating new
398 or revised best management practices for improving and
399 protecting springs. As needed to implement the new or revised
400 practices, the Department of Agriculture and Consumer Services,
401 shall revise its best management practices rules to require
402 implementation of the modified practice within a reasonable time
403 period as specified in the rule.
404 Section 2. Paragraph (l) is added to subsection (6) of
405 section 163.3177, Florida Statutes, to read:
406 163.3177 Required and optional elements of comprehensive
407 plan; studies and surveys.—
408 (6) In addition to the requirements of subsections (1)-(5)
409 and (12), the comprehensive plan shall include the following
410 elements:
411 (l) In counties or municipalities, or portions thereof,
412 designated as spring protection zones pursuant to s. 369.404,
413 during the first comprehensive plan evaluation and appraisal
414 report conducted after July 1, 2009, a spring protection measure
415 that ensures the protection of and, where necessary, restoration
416 of water quality in springs shall be added to the appropriate
417 comprehensive plan element. The measure must address minimizing
418 human impacts on springs from development through protecting
419 karst features during and after the development process,
420 ensuring that future development follows low-impact design
421 principles, ensuring that landscaping and fertilizer use are
422 consistent with the Florida Friendly Landscaping program,
423 ensuring adequate open space, and providing for proper
424 management of stormwater and wastewater to minimize their
425 effects on the water quality of springs. The spring protection
426 measure must be based on low-impact design, landscaping, and
427 fertilizer best-management and use practices and principles
428 developed by the department and the state land planning agency,
429 or established in rule. The department and the state land
430 planning agency shall make information concerning such best
431 management and use practices and principles prominently
432 available on their websites. In addition, all landscape design
433 and irrigation systems must meet the standards established
434 pursuant to s. 373.228(4). Failure to adopt a spring protection
435 measure shall result in a prohibition on any plan amendments
436 until the measure is adopted.
437 Section 3. Subsection (7) of section 403.1835, Florida
438 Statutes, is amended to read:
439 403.1835 Water pollution control financial assistance.—
440 (7) Eligible projects must be given priority according to
441 the extent each project is intended to remove, mitigate, or
442 prevent adverse effects on surface or ground water quality and
443 public health. The relative costs of achieving environmental and
444 public health benefits must be taken into consideration during
445 the department’s assignment of project priorities. The
446 department shall adopt a priority system by rule. In developing
447 the priority system, the department shall give priority to
448 projects that:
449 (a) Eliminate public health hazards;
450 (b) Enable compliance with laws requiring the elimination
451 of discharges to specific water bodies, including the
452 requirements of s. 403.086(9) regarding domestic wastewater
453 ocean outfalls;
454 (c) Assist in the implementation of total maximum daily
455 loads and basin management action plans adopted under s.
456 403.067;
457 (d) Enable compliance with other pollution control
458 requirements, including, but not limited to, toxics control,
459 wastewater residuals management, and reduction of nutrients and
460 bacteria;
461 (e) Assist in the implementation of surface water
462 improvement and management plans and pollutant load reduction
463 goals developed under state water policy;
464 (f) Promote reclaimed water reuse;
465 (g) Eliminate environmental damage caused by failing onsite
466 sewage treatment and disposal systems, with priority given to
467 systems located within an area designated as an area of critical
468 state concern under s. 380.05 or located in a spring protection
469 zone adopted pursuant to s. 369.404 or those that are causing
470 environmental damage; or
471 (h) Reduce pollutants to and otherwise promote the
472 restoration of state Florida’s surface and ground waters.
473 Section 4. The Department of Environmental Protection, the
474 Department of Agriculture and Consumer Services, and the water
475 management districts shall assess nitrogen loading from lands
476 owned or managed by each respective agency and located within a
477 spring protection zone using a consistent methodology, evaluate
478 existing management activities, and develop and begin
479 implementing management plans to reduce adverse impacts to the
480 springs no later than December 31, 2011.
481 Section 5. Paragraphs (d), (e), (f), (g), (h), (i), (j),
482 (k), (l), (m), and (n) of subsection (3) of section 381.0065,
483 Florida Statutes, are redesignated as paragraphs (e), (f), (g),
484 (h), (i), (j), (k), (l), (m), (n), and (o), respectively, and
485 paragraph (d) is added to that subsection, to read:
486 381.0065 Onsite sewage treatment and disposal systems;
487 regulation.—
488 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
489 department shall:
490 (d) Develop and implement a mandatory statewide onsite
491 sewage treatment and disposal system inspection program. The
492 program shall:
493 1. Be phased in over a 10 year cycle and shall provide that
494 every system is inspected on a 5 year recurring cycle.
495 2. Initially target those systems inspected under other
496 departmental criteria.
497 3. Provide for the exemption of those systems in areas
498 where the density of dwellings is less than 1 per 3 acres unless
499 the property abuts a water body or water segment that is listed
500 by the department as impaired pursuant to s. 369.403 or s.
501 403.067.
502 4. The department, local government, state-licensed septic
503 tank contractor or plumber shall charge an additional fee of $20
504 for each system inspected. Upon completion of the inspection the
505 entity conducting the inspection must submit an application for
506 approval to the department and provide a copy to the owner. The
507 department must approve the system for continued use or notify
508 the owner of the requirement for a repair or modification
509 permit.
510 5. Revenues from the fee must be deposited in the
511 appropriate department trust fund with a minimum of 50 percent
512 of the revenues dedicated to the grant program created pursuant
513 to s. 369.407.
514 Section 6. Paragraph (m) is added to subsection (9) of
515 section 259.105, Florida Statutes, to read:
516 259.105 The Florida Forever Act.—
517 (9) The Acquisition and Restoration Council shall recommend
518 rules for adoption by the board of trustees to competitively
519 evaluate, select, and rank projects eligible for Florida Forever
520 funds pursuant to paragraph (3)(b) and for additions to the
521 Conservation and Recreation Lands list pursuant to ss. 259.032
522 and 259.101(4). In developing these proposed rules, the
523 Acquisition and Restoration Council shall give weight to the
524 following criteria:
525 (m) Any part of the project area falls within a springs
526 protection zone as defined by ss. 369.401-407.
527 Section 7. Section 403.9335, Florida Statutes, is created
528 to read:
529 403.9335 .—Protection of Urban and Residential Environments
530 and Water—
531 (1) Legislative findings.—The Legislature finds that the
532 implementation of a model ordinance for fertilizer use on urban
533 landscapes will assist in protecting the quality of Florida’s
534 surface water and groundwater resources. The Legislature further
535 finds that local circumstances, including the varying types and
536 conditions of water bodies, site-specific soils and geology, and
537 urban and rural densities and characteristics, necessitates that
538 additional or more stringent fertilizer-management practices be
539 implemented at the local government level.
540 (2) The department is directed by July 1, 2010 to adopt a
541 model ordinance. The department shall utilize the 2008 Model
542 Ordinance for Florida-Friendly Fertilizer Use on Urban
543 Landscapes, which was developed in conjunction with the Florida
544 Consumer Fertilizer Task Force, the Department of Agriculture
545 and Consumer Services, and the University of Florida Institute
546 of Food and Agricultural Sciences, in the development of the
547 model ordinance.
548 (3) All county and municipal governments are encouraged to
549 adopt and enforce the model ordinance or an equivalent
550 requirement as a mechanism for protecting the local surface
551 water and groundwater quality.
552 (4) Each county and municipal government located within the
553 watershed of a water body or water segment that is listed by the
554 department as impaired by nutrients pursuant to s. 369.403 or s.
555 403.067, shall adopt the model ordinance. However, a county or
556 municipal government may adopt additional provisions to or more
557 stringent provisions than the model ordinance.
558 Section 8. Section 403.9337, Florida Statutes, is created
559 to read:
560 403.9337 .—Urban turf fertilizers.—
561 (1) As used in this section, the term:
562 (a) “No-phosphate fertilizer” or “no-phosphorus fertilizer”
563 means fertilizer that contains less than 0.5 percent phosphate
564 by weight.
565 (b) “Urban turf” means noncropland planted, mowed, and
566 managed grasses, including, but not limited to, residential
567 lawns; turf on commercial property; filter strips; turf on
568 property owned by federal, state, or local governments and other
569 public lands, including roadways, roadsides, parks, campsites,
570 recreation areas, school grounds, and other public grounds. The
571 term does not include pastures, hay production and grazing land,
572 turf grown on sod farms, or any other form of agricultural
573 production; golf courses or sports turf fields; or garden
574 fruits, flowers, or vegetables.
575 (c) “Soil test” means a test performed on soil planted or
576 sodded, or that will be planted or sodded, by a laboratory
577 approved by the Department of Agriculture and Consumer Services,
578 and performed within the last 2 years to indicate if the level
579 of available phosphorus in the soil is sufficient to support
580 healthy turf growth.
581 (d) “Tissue test” means a test performed on plant tissue
582 growing in the soil planted or sodded, or that will be planted
583 or sodded, by a laboratory approved by the Department of
584 Agriculture and Consumer Services, and performed within the last
585 2 years to indicate if the level of available phosphorus in the
586 soil is sufficient to support healthy turf.
587 (2) Other than no-phosphate and no-phosphorus fertilizers,
588 fertilizer containing phosphorus may not be applied to urban
589 turf anywhere in this state on or after July 1, 2011, unless a
590 soil or tissue test that is conducted pursuant to a method
591 approved by the Department of Agriculture and Consumer Services
592 indicates:
593 (a) For turf that is being initially established by seed or
594 sod, the level of available phosphorus is insufficient to
595 establish new turf growth and a root system. However, during the
596 first year, only a one-time application of up to 1 pound of
597 phosphate per 1,000 square feet of area may be applied.
598 (b) For established turf, the level of available phosphorus
599 is insufficient to support healthy turf growth. However, no more
600 than 0.25 pound of phosphate per 1,000 square feet of area per
601 each application may be applied, not to exceed 0.5 pound of
602 phosphate per 1,000 square feet of area per year.
603 Section 9. All personnel, statutory powers, duties and
604 functions of the Bureau of Onsite Sewage in the Department of
605 Health are transferred from the Department of Health to the
606 Department of Environmental Protection by a type two transfer,
607 as defined in section 20.06, F.S.
608 Section 10. This act shall take effect July 1, 2009.
609
610
611 ================= T I T L E A M E N D M E N T ================
612 And the title is amended as follows:
613 Delete everything before the enacting clause
614 and insert:
615 A bill to be entitled
616 An act relating to the protection of springs; creating Part
617 IV of ch. 369, F.S.; providing a short title; providing
618 legislative findings and intent with respect to the need to
619 protect and restore springs and ground water; providing
620 definitions; requiring the Department of Environmental
621 Protection to delineate the springsheds of specified springs;
622 requiring the department to adopt spring protection zones by
623 secretarial order; requiring the department to adopt total
624 maximum daily loads and basin management action plans for spring
625 systems; providing effluent requirements for domestic wastewater
626 treatment facilities; providing requirements for onsite sewage
627 treatment and disposal systems; providing requirements for
628 agricultural operations; authorizing the Department of
629 Environmental Protection, the Department of Health, and the
630 Department of Agriculture and Consumer Services to adopt rules;
631 amending s. 163.3177, F.S.; requiring certain local governments
632 to adopt a springs protection element as one of the required
633 elements of the comprehensive plan by a specified date;
634 providing that certain design principles be included in the
635 element; requiring the Department of Environmental Protection
636 and the state land planning agency to make information available
637 concerning best-management practices; prohibiting a local
638 government that fails to adopt a springs protection element from
639 amending its comprehensive plan; amending s. 403.1835, F.S.;
640 including certain areas of critical state concern and the spring
641 protection zones established by the act among projects that are
642 eligible for certain financial assistance; requiring the
643 Department of Environmental Protection, the Department of
644 Agriculture and Consumer Services, and water management
645 districts to assess nitrogen loading and begin implementing
646 management plans within the spring protection zones by a
647 specified date; amending s. 381.0065, F.S.; requiring the
648 Department of Health to implement a statewide onsite sewage
649 treatment and disposal system inspection program; providing a
650 10-year phase in-cycle; requiring inspection; providing specific
651 exemptions; providing fee requirements; providing disposition of
652 fees; providing priority for projects within a springs
653 protection zone; providing model ordinances for protection of
654 urban and residential environment and water; requiring adoption
655 of model ordinance by a specified date; requiring impaired
656 municipalities and counties to adopt ordinance; providing
657 definitions; prohibiting use of certain fertilizers after a
658 specified date; providing for exemptions; providing a type II
659 transfer of the Bureau of Onsite Sewage from the Department of
660 Health to the Department of Environmental Protection;
661 providing an effective date.
662