Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 274
       
       
       
       
       
       
                                Barcode 877116                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/15/2009           .                                
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       The Committee on Health Regulation (Sobel) 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         369.401Short title.—This part may be cited as the “Florida
    9  Springs Protection Act.”
   10         369.402Legislative 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         369.403Definitions.—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         369.404Designation 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         369.405Requirements 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         369.406Additional 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         369.407Florida 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         369.408Rules.—
  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 s. 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 2. 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 3. 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 4. 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 5. Present paragraphs (d) through (n) of subsection
  475  (3) of section 381.0065, Florida Statutes, are redesignated as
  476  paragraphs (e) through (o), respectively, and a new paragraph
  477  (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         4.This subsection shall not be construed to limit local
  507  governments from adopting additional or more stringent
  508  provisions than contained in this subsection.
  509         Section 6. Paragraph (m) is added to subsection (9) of
  510  section 259.105, Florida Statutes, to read:
  511         259.105 The Florida Forever Act.—
  512         (9) The Acquisition and Restoration Council shall recommend
  513  rules for adoption by the board of trustees to competitively
  514  evaluate, select, and rank projects eligible for Florida Forever
  515  funds pursuant to paragraph (3)(b) and for additions to the
  516  Conservation and Recreation Lands list pursuant to ss. 259.032
  517  and 259.101(4). In developing these proposed rules, the
  518  Acquisition and Restoration Council shall give weight to the
  519  following criteria:
  520         (m)Any part of the project area falls within a springs
  521  protection zone as defined by ss. 369.401-369.407.
  522         Section 7. Section 403.9335, Florida Statutes, is created
  523  to read:
  524         403.9335Protection of urban and residential environments
  525  and water.—
  526         (1)The Legislature finds that the implementation of the
  527  department’s Model Ordinance for Florida-Friendly Fertilizer Use
  528  on Urban Landscapes located in the Florida-Friendly Landscape
  529  Guidance Models for Ordinances, Covenants, and Restrictions
  530  (2009) manual, which was developed consistent with the
  531  recommendations of the Florida Consumer Fertilizer Task Force,
  532  in concert with the provisions of the Labeling Requirements for
  533  Urban Turf Fertilizers found in chapter 5E-1 Florida
  534  Administrative Code, will assist in protecting the quality of
  535  Florida’s surface water and ground water resources. The
  536  Legislature further finds that local circumstances, including
  537  the varying types and conditions of water bodies, site-specific
  538  soils and geology, and urban or rural densities and
  539  characteristics, necessitates that additional or more stringent
  540  fertilizer-management practices may be needed at the local
  541  government level.
  542         (2)All county and municipal governments are encouraged to
  543  adopt and enforce the provisions in the department’s Model
  544  Ordinance for Florida-Friendly Fertilizer Use on Urban
  545  Landscapes as a mechanism for better protecting local surface
  546  water and ground water quality.
  547         (3)Each county and municipal government located within the
  548  watershed of a water body or water segment that is listed by the
  549  department as impaired by nutrients pursuant to s. 403.067, or
  550  designated as a spring protection zone pursuant to 369.404,
  551  shall adopt, at a minimum, the provisions of the department’s
  552  Model Ordinance for Florida-Friendly Fertilizer Use on Urban
  553  Landscapes. A county or municipal government may adopt
  554  additional or more stringent provisions than the model ordinance
  555  if the following criteria are met:
  556         (a)The county or municipal government has demonstrated, as
  557  part of a comprehensive program to address nonpoint sources of
  558  nutrient pollution which is science-based, economically and
  559  technically feasible, that additional or more stringent
  560  provisions to the model ordinance are necessary to adequately
  561  address urban fertilizer contributions to nonpoint source
  562  nutrient loading to a water body.
  563         (b)The county or municipal government documents
  564  consideration of all relevant scientific information including
  565  input from the department, the Department of Agriculture and
  566  Consumer Services and the University of Florida Institute of
  567  Food and Agricultural Sciences, if provided, on the need for
  568  additional or more stringent provisions to address fertilizer
  569  use as a contributor to water quality degradation. All
  570  documentation shall be made part of the public record prior to
  571  adoption of the additional or more stringent criteria.
  572         (4)Any county or municipal government that has adopted its
  573  own fertilizer use ordinance before January 1, 2009 is exempt
  574  from the provisions of this section. Ordinances adopted or
  575  amended after January 1, 2009 shall adopt the provisions in the
  576  most recent version of the model fertilizer ordinance and shall
  577  be subject to the criteria described in subsections (1) and (2)
  578  above.
  579         (5)Nothing herein shall be construed to regulate the use
  580  of fertilizer on farm operations as defined in s. 823.14 or on
  581  lands classified as agricultural lands pursuant to s. 193.461.
  582         Section 8. Section 403.9337, Florida Statutes, is created
  583  to read:
  584         403.9337Urban turf fertilizers.—
  585         (1)As used in this section, the term:
  586         (a)“No-phosphate fertilizer” or “no-phosphorus fertilizer”
  587  means fertilizer that contains less than 0.5 percent phosphate
  588  by weight.
  589         (b)“Urban turf” means noncropland planted, mowed, and
  590  managed grasses, including, but not limited to, residential
  591  lawns; turf on commercial property; filter strips; and turf on
  592  property owned by federal, state, or local governments and other
  593  public lands, including roadways, roadsides, parks, campsites,
  594  recreation areas, school grounds, and other public grounds. The
  595  term does not include pastures, hay production and grazing land,
  596  turf grown on sod farms, or any other form of agricultural
  597  production; golf courses or sports turf fields; or garden
  598  fruits, flowers, or vegetables.
  599         (c)“Soil test” means a test performed on soil planted or
  600  sodded, or that will be planted or sodded, by a laboratory
  601  approved by the Department of Agriculture and Consumer Services
  602  and performed within the last 2 years to indicate if the level
  603  of available phosphorus in the soil is sufficient to support
  604  healthy turf growth.
  605         (d)“Tissue test” means a test performed on plant tissue
  606  growing in the soil planted or sodded, or that will be planted
  607  or sodded, by a laboratory approved by the Department of
  608  Agriculture and Consumer Services and performed within the last
  609  2 years to indicate if the level of available phosphorus in the
  610  soil is sufficient to support healthy turf.
  611         (2)Other than no-phosphate and no-phosphorus fertilizers,
  612  fertilizer containing phosphorus may not be applied to urban
  613  turf anywhere in this state on or after July 1, 2011, unless a
  614  soil or tissue test that is conducted pursuant to a method
  615  approved by the Department of Agriculture and Consumer Services
  616  indicates:
  617         (a)For turf that is being initially established by seed or
  618  sod, the level of available phosphorus is insufficient to
  619  establish new turf growth and a root system. However, during the
  620  first year, a one-time application only of up to 1 pound of
  621  phosphate per 1,000 square feet of area may be applied.
  622         (b)For established turf, the level of available phosphorus
  623  is insufficient to support healthy turf growth. However, no more
  624  than 0.25 pound of phosphate per 1,000 square feet of area per
  625  each application may be applied, not to exceed 0.5 pound of
  626  phosphate per 1,000 square feet of area per year.
  627         Section 9. Effective July 1, 2010, all of the powers,
  628  duties, functions, records, personnel, and property; unexpended
  629  balances of appropriations, allocations, and other funds;
  630  administrative authority; administrative rules; pending issues;
  631  and existing contracts of the Bureau of Onsite Sewage Programs
  632  in the Department of Health, as authorized and governed by ss.
  633  20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
  634  381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
  635  a type II transfer, pursuant to s. 20.06(2), to the Florida
  636  Department of Environmental Protection. In addition all existing
  637  powers, duties, functions, records, personnel, and property;
  638  unexpended balances of appropriations, allocations, and other
  639  funds; administrative authority; administrative rules; pending
  640  issues; and existing contracts associated with county health
  641  departments’ onsite sewage programs are transferred to the
  642  Department of Environmental Protection.
  643         Section 10. Subsection (6) of section 369.317, Florida
  644  Statutes, is amended to read:
  645         369.317 Wekiva Parkway.—
  646         (6) The Orlando-Orange County Expressway Authority is
  647  hereby granted the authority to act as a third-party acquisition
  648  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
  649  or chapter 373 on behalf of the governing board of the St. Johns
  650  River Water Management District, for the acquisition of all
  651  necessary lands, property and all interests in property
  652  identified herein, including fee simple or less-than-fee simple
  653  interests. The lands subject to this authority are identified in
  654  paragraph 10.a., State of Florida, Office of the Governor,
  655  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
  656  of the Wekiva Basin Area Task Force created by Executive Order
  657  2002-259, such lands otherwise known as Neighborhood Lakes, a
  658  1,587+/- acre parcel located in Orange and Lake Counties within
  659  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
  660  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
  661  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
  662  County within Section 37, Township 19 South, Range 28 East; New
  663  Garden Coal; a 1,605+/- acre parcel in Lake County within
  664  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
  665  East; Pine Plantation, a 617+/- acre tract consisting of eight
  666  individual parcels within the Apopka City limits. The Department
  667  of Transportation, the Department of Environmental Protection,
  668  the St. Johns River Water Management District, and other land
  669  acquisition entities shall participate and cooperate in
  670  providing information and support to the third-party acquisition
  671  agent. The land acquisition process authorized by this paragraph
  672  shall begin no later than December 31, 2004. Acquisition of the
  673  properties identified as Neighborhood Lakes, Pine Plantation,
  674  and New Garden Coal, or approval as a mitigation bank shall be
  675  concluded no later than December 31, 2010. Department of
  676  Transportation and Orlando-Orange County Expressway Authority
  677  funds expended to purchase an interest in those lands identified
  678  in this subsection shall be eligible as environmental mitigation
  679  for road construction related impacts in the Wekiva Study Area.
  680  If any of the lands identified in this subsection are used as
  681  environmental mitigation for road construction related impacts
  682  incurred by the Department of Transportation or Orlando-Orange
  683  County Expressway Authority, or for other impacts incurred by
  684  other entities, within the Wekiva Study Area or within the
  685  Wekiva parkway alignment corridor, and if the mitigation offsets
  686  these impacts, then the St. Johns River Water Management
  687  District and the Department of Environmental Protection shall
  688  consider the activity regulated under Part IV of Chapter 373 to
  689  meet the cumulative impact requirements of s. 373.414(8)(a).
  690         Section 11. Section 373.185, Florida Statutes, is amended
  691  to read:
  692         373.185 Local Florida-friendly landscaping Xeriscape
  693  ordinances.—
  694         (1) As used in this section, the term:
  695         (a) “Local government” means any county or municipality of
  696  the state.
  697         (b) “Xeriscape” or “Florida-friendly landscaping landscape”
  698  means quality landscapes that conserve water, and protect the
  699  environment, and are adaptable to local conditions, and which
  700  are drought tolerant. The principles of such landscaping
  701  Xeriscape include planting the right plant in the right place,
  702  efficient watering, appropriate fertilization, mulching,
  703  attraction of wildlife, responsible management of yard pests,
  704  recycling yard waste, reduction of stormwater runoff, and
  705  waterfront protection. Additional components include practices
  706  such as landscape planning and design, appropriate choice of
  707  plants, soil analysis, which may include the appropriate use of
  708  solid waste compost, minimizing the use of efficient irrigation,
  709  practical use of turf, appropriate use of mulches, and proper
  710  maintenance.
  711         (2) Each water management district shall design and
  712  implement an incentive program to encourage all local
  713  governments within its district to adopt new ordinances or amend
  714  existing ordinances to require Florida-friendly Xeriscape
  715  landscaping for development permitted after the effective date
  716  of the new ordinance or amendment. Each district shall adopt
  717  rules governing the implementation of its incentive program and
  718  governing the review and approval of local government Xeriscape
  719  ordinances or amendments which are intended to qualify a local
  720  government for the incentive program. Each district shall assist
  721  the local governments within its jurisdiction by providing a
  722  model Florida-friendly landscaping ordinance Xeriscape code and
  723  other technical assistance. Each district may develop its own
  724  model or use a model contained in the “Florida-Friendly
  725  Landscape Guidance Models for Ordinances, Covenants, and
  726  Restrictions” manual developed by the department. To qualify for
  727  a district’s incentive program, a local government Xeriscape
  728  ordinance or amendment, in order to qualify the local government
  729  for a district’s incentive program, must include, at a minimum:
  730         (a) Landscape design, installation, and maintenance
  731  standards that result in water conservation and water quality
  732  protection or restoration. Such standards must shall address the
  733  use of plant groupings, soil analysis including the promotion of
  734  the use of solid waste compost, efficient irrigation systems,
  735  and other water-conserving practices.
  736         (b) Identification of prohibited invasive exotic plant
  737  species consistent with s. 581.091.
  738         (c) Identification of controlled plant species, accompanied
  739  by the conditions under which such plants may be used.
  740         (d) A provision specifying the maximum percentage of
  741  irrigated turf and the maximum percentage of impervious surfaces
  742  allowed in a Florida-friendly landscaped xeriscaped area and
  743  addressing the practical selection and installation of turf.
  744         (e) Specific standards for land clearing and requirements
  745  for the preservation of existing native vegetation.
  746         (f) A monitoring program for ordinance implementation and
  747  compliance.
  748         (3)Each water management district shall also The districts
  749  also shall work with the department, local governments, county
  750  extension agents or offices, nursery and landscape industry
  751  groups, and other interested stakeholders to promote, through
  752  educational programs, and publications, and other district
  753  activities authorized under this chapter, the use of Florida
  754  friendly landscaping Xeriscape practices, including the use of
  755  solid waste compost, in existing residential and commercial
  756  development. In conducting these activities, each district shall
  757  use the materials developed by the department, the Institute of
  758  Food and Agricultural Sciences at the University of Florida, and
  759  the Center for Landscape Conservation and Ecology Florida
  760  Friendly Landscaping program, including, but not limited to, the
  761  Florida Yards and Neighborhoods Program for homeowners, the
  762  Florida Yards and Neighborhoods Builder Developer Program for
  763  developers, and the Green Industries Best Management Practices
  764  Program for landscaping professionals. Each district may develop
  765  supplemental materials as appropriate to address the physical
  766  and natural characteristics of the district. The districts shall
  767  coordinate with the department and the Institute of Food and
  768  Agricultural Sciences at the University of Florida if revisions
  769  to the educational materials are needed. This section may not be
  770  construed to limit the authority of the districts to require
  771  Xeriscape ordinances or practices as a condition of any
  772  consumptive use permit.
  773         (a)The Legislature finds that the use of Florida-friendly
  774  landscaping and other water use and pollution prevention
  775  measures to conserve or protect the state’s water resources
  776  serves a compelling public interest and that the participation
  777  of homeowners’ associations and local governments is essential
  778  to state’s efforts in water conservation and water quality
  779  protection and restoration.
  780         (b)(3) A deed restriction, or covenant entered after
  781  October 1, 2001, or local government ordinance may not prohibit
  782  or be enforced so as to prohibit any property owner from
  783  implementing Xeriscape or Florida-friendly landscaping landscape
  784  on his or her land or create any requirement or limitation in
  785  conflict with any provision of part II of this chapter or a
  786  water shortage order, other order, consumptive use permit, or
  787  rule adopted or issued pursuant to part II of this chapter.
  788         (4)This section does not limit the authority of the
  789  department or the water management districts to require Florida
  790  friendly landscaping ordinances or practices as a condition of
  791  any permit issued under this chapter.
  792         Section 12. Section 373.187, Florida Statutes, is created
  793  to read:
  794         373.187Water management district implementation of
  795  Florida-friendly landscaping.—Each water management district
  796  shall use Florida-friendly landscaping, as defined in s.
  797  373.185, on public property associated with buildings and
  798  facilities owned by the district and constructed after June 30,
  799  2009. Each district shall also develop a 5-year program for
  800  phasing in the use of Florida-friendly landscaping on public
  801  property associated with buildings or facilities owned by the
  802  district and constructed before July 1, 2009.
  803         Section 13. Section 373.228, Florida Statutes, is amended
  804  to read:
  805         373.228 Landscape irrigation design.—
  806         (1) The Legislature finds that multiple areas throughout
  807  the state have been identified by water management districts as
  808  water resource caution areas, which indicates that in the near
  809  future water demand in those areas will exceed the current
  810  available water supply and that conservation is one of the
  811  mechanisms by which future water demand will be met.
  812         (2) The Legislature finds that landscape irrigation
  813  comprises a significant portion of water use and that the
  814  current typical landscape irrigation systems system and Florida
  815  friendly landscaping xeriscape designs offer significant
  816  potential water conservation benefits.
  817         (3) It is the intent of the Legislature to improve
  818  landscape irrigation water use efficiency by ensuring that
  819  landscape irrigation systems meet or exceed minimum design
  820  criteria.
  821         (4) The water management districts shall work with the
  822  Florida Nursery, Nurserymen and Growers and Landscape
  823  Association, the Florida Native Plant Society, the Florida
  824  Chapter of the American Society of Landscape Architects, the
  825  Florida Irrigation Society, the Department of Agriculture and
  826  Consumer Services, the Institute of Food and Agricultural
  827  Sciences, the Department of Environmental Protection, the
  828  Department of Transportation, the Florida League of Cities, the
  829  Florida Association of Counties, and the Florida Association of
  830  Community Developers to develop landscape irrigation and
  831  Florida-friendly landscaping xeriscape design standards for new
  832  construction which incorporate a landscape irrigation system and
  833  develop scientifically based model guidelines for urban,
  834  commercial, and residential landscape irrigation, including drip
  835  irrigation, for plants, trees, sod, and other landscaping. The
  836  landscape and irrigation design standards shall be based on the
  837  irrigation code defined in the Florida Building Code, Plumbing
  838  Volume, Appendix F. Local governments shall use the standards
  839  and guidelines when developing landscape irrigation and Florida
  840  friendly landscaping xeriscape ordinances. By January 1, 2011,
  841  the agencies and entities specified in this subsection shall
  842  review the standards and guidelines to determine whether new
  843  research findings require a change or modification of the
  844  standards and guidelines.
  845         (5)In evaluating water use applications from public water
  846  suppliers, water management districts shall consider whether the
  847  applicable local government has adopted ordinances for
  848  landscaping and irrigation systems consistent with the Florida
  849  friendly landscaping provisions of s. 373.185.
  850         Section 14. Subsection (3) of section 373.323, Florida
  851  Statutes, is amended to read:
  852         373.323 Licensure of water well contractors; application,
  853  qualifications, and examinations; equipment identification.—
  854         (3) An applicant who meets the following requirements is
  855  shall be entitled to take the water well contractor licensure
  856  examination to practice water well contracting:
  857         (a) Is at least 18 years of age.
  858         (b) Has at least 2 years of experience in constructing,
  859  repairing, or abandoning water wells. Satisfactory proof of such
  860  experience is demonstrated by providing:
  861         1.Evidence of the length of time the applicant has been
  862  engaged in the business of the construction, repair, or
  863  abandonment of water wells as a major activity, as attested to
  864  by a letter from three of the following persons:
  865         a.A water well contractor.
  866         b.A water well driller.
  867         c.A water well parts and equipment vendor.
  868         d.A water well inspector employed by a governmental
  869  agency.
  870         2.A list of at least 10 water wells that the applicant has
  871  constructed, repaired, or abandoned within the preceding 5
  872  years. Of these wells, at least seven must have been
  873  constructed, as defined in s. 373.303(2), by the applicant. The
  874  list must also include:
  875         a.The name and address of the owner or owners of each
  876  well.
  877         b.The location, primary use, and approximate depth and
  878  diameter of each well.
  879         c.The approximate date the construction, repair, or
  880  abandonment of each well was completed.
  881         (c) Has completed the application form and remitted a
  882  nonrefundable application fee.
  883         Section 15. Subsection (8) of section 373.333, Florida
  884  Statutes, is amended to read:
  885         373.333 Disciplinary guidelines; adoption and enforcement;
  886  license suspension or revocation.—
  887         (8) The water management district may impose through an
  888  order an administrative fine not to exceed $5,000 per occurrence
  889  against an unlicensed person if when it determines that the
  890  unlicensed person has engaged in the practice of water well
  891  contracting, for which a license is required.
  892         Section 16. Section 125.568, Florida Statutes, is amended
  893  to read:
  894         125.568 Conservation of water; Florida-friendly landscaping
  895  Xeriscape.—
  896         (1)(a) The Legislature finds that Florida-friendly
  897  landscaping Xeriscape contributes to the conservation,
  898  protection, and restoration of water. In an effort to meet the
  899  water needs of this state in a manner that will supply adequate
  900  and dependable supplies of water where needed, it is the intent
  901  of the Legislature that Florida-friendly landscaping Xeriscape
  902  be an essential part of water conservation and water quality
  903  protection and restoration planning.
  904         (b) As used in this section, “Xeriscape” or “Florida
  905  friendly landscaping” has the same meaning as in s. 373.185
  906  landscape” means quality landscapes that conserve water and
  907  protect the environment and are adaptable to local conditions
  908  and which are drought tolerant. The principles of Xeriscape
  909  include planning and design, appropriate choice of plants, soil
  910  analysis which may include the use of solid waste compost,
  911  practical use of turf, efficient irrigation, appropriate use of
  912  mulches, and proper maintenance.
  913         (2) The board of county commissioners of each county shall
  914  consider enacting ordinances, consistent with s. 373.185,
  915  requiring the use of Florida-friendly landscaping Xeriscape as a
  916  water conservation or water quality protection or restoration
  917  measure. If the board determines that such landscaping Xeriscape
  918  would be of significant benefit as a water conservation or water
  919  quality protection or restoration measure, especially for waters
  920  designated as impaired pursuant to s. 403.067, relative to the
  921  cost to implement Florida-friendly Xeriscape landscaping in its
  922  area of jurisdiction, the board shall enact a Florida-friendly
  923  landscaping Xeriscape ordinance. Further, the board of county
  924  commissioners shall consider promoting Florida-friendly
  925  landscaping Xeriscape as a water conservation or water quality
  926  protection or restoration measure by: using such landscaping
  927  Xeriscape in any, around, or near facilities, parks, and other
  928  common areas under its jurisdiction which are landscaped after
  929  the effective date of this act; providing public education on
  930  Florida-friendly landscaping Xeriscape, its uses in increasing
  931  as a water conservation and water quality protection or
  932  restoration tool, and its long-term cost-effectiveness; and
  933  offering incentives to local residents and businesses to
  934  implement Florida-friendly Xeriscape landscaping.
  935         (3)(a)The Legislature finds that the use of Florida
  936  friendly landscaping and other water use and pollution
  937  prevention measures to conserve or protect the state’s water
  938  resources serves a compelling public interest and that the
  939  participation of homeowners’ associations and local governments
  940  is essential to the state’s efforts in water conservation and
  941  water quality protection and restoration.
  942         (b) A deed restriction, or covenant entered after October
  943  1, 2001, or local government ordinance may not prohibit or be
  944  enforced so as to prohibit any property owner from implementing
  945  Xeriscape or Florida-friendly landscaping landscape on his or
  946  her land or create any requirement or limitation in conflict
  947  with any provision of part II of chapter 373 or a water shortage
  948  order, other order, consumptive use permit, or rule adopted or
  949  issued pursuant to part II of chapter 373.
  950         Section 17. Section 166.048, Florida Statutes, is amended
  951  to read:
  952         166.048 Conservation of water; Florida-friendly landscaping
  953  Xeriscape.—
  954         (1)(a) The Legislature finds that Florida-friendly
  955  landscaping Xeriscape contributes to the conservation,
  956  protection, and restoration of water. In an effort to meet the
  957  water needs of this state in a manner that will supply adequate
  958  and dependable supplies of water where needed, it is the intent
  959  of the Legislature that Florida-friendly landscaping Xeriscape
  960  be an essential part of water conservation and water quality
  961  protection and restoration planning.
  962         (b) As used in this section, “Xeriscape” or “Florida
  963  friendly landscaping” has the same meaning as in s. 373.185
  964  landscape” means quality landscapes that conserve water and
  965  protect the environment and are adaptable to local conditions
  966  and which are drought tolerant. The principles of Xeriscape
  967  include planning and design, appropriate choice of plants, soil
  968  analysis which may include the use of solid waste compost,
  969  practical use of turf, efficient irrigation, appropriate use of
  970  mulches, and proper maintenance.
  971         (2) The governing body of each municipality shall consider
  972  enacting ordinances, consistent with s. 373.185, requiring the
  973  use of Florida-friendly landscaping Xeriscape as a water
  974  conservation or water quality protection or restoration measure.
  975  If the governing body determines that such landscaping Xeriscape
  976  would be of significant benefit as a water conservation or water
  977  quality protection or restoration measure, especially for waters
  978  designated as impaired pursuant to s. 403.067, relative to the
  979  cost to implement Florida-friendly Xeriscape landscaping in its
  980  area of jurisdiction in the municipality, the governing body
  981  board shall enact a Florida-friendly landscaping Xeriscape
  982  ordinance. Further, the governing body shall consider promoting
  983  Florida-friendly landscaping Xeriscape as a water conservation
  984  or water quality protection or restoration measure by: using
  985  such landscaping Xeriscape in any, around, or near facilities,
  986  parks, and other common areas under its jurisdiction which are
  987  landscaped after the effective date of this act; providing
  988  public education on Florida-friendly landscaping Xeriscape, its
  989  uses in increasing as a water conservation and water quality
  990  protection or restoration tool, and its long-term cost
  991  effectiveness; and offering incentives to local residents and
  992  businesses to implement Florida-friendly Xeriscape landscaping.
  993         (3)(a)The Legislature finds that the use of Florida
  994  friendly landscaping and other water use and pollution
  995  prevention measures to conserve or protect the state’s water
  996  resources serves a compelling public interest and that the
  997  participation of homeowners’ associations and local governments
  998  is essential to the state’s efforts in water conservation and
  999  water quality protection and restoration.
 1000         (b) A deed restriction, or covenant entered after October
 1001  1, 2001, or local government ordinance may not prohibit or be
 1002  enforced so as to prohibit any property owner from implementing
 1003  Xeriscape or Florida-friendly landscaping landscape on his or
 1004  her land or create any requirement or limitation in conflict
 1005  with any provision of part II of chapter 373 or a water shortage
 1006  order, other order, consumptive use permit, or rule adopted or
 1007  issued pursuant to part II of chapter 373.
 1008         Section 18. Section 255.259, Florida Statutes, is amended
 1009  to read:
 1010         255.259 Florida-friendly Xeriscape landscaping on public
 1011  property.—
 1012         (1) The Legislature finds that water conservation and water
 1013  quality protection and restoration are is increasingly critical
 1014  to the continuance of an adequate water supply and healthy
 1015  surface and ground waters for the citizens of this state. The
 1016  Legislature further finds that “Florida-friendly landscaping
 1017  Xeriscape,” as defined in s. 373.185, can contribute
 1018  significantly to water the conservation and of water quality
 1019  protection and restoration. Finally, the Legislature finds that
 1020  state government has the responsibility to promote Florida
 1021  friendly landscaping Xeriscape as a water conservation and water
 1022  quality protection and restoration measure by using such
 1023  landscaping Xeriscape on public property associated with
 1024  publicly owned buildings or facilities.
 1025         (2) As used in this section, “publicly owned buildings or
 1026  facilities” means those construction projects under the purview
 1027  of the Department of Management Services. The term It does not
 1028  include environmentally endangered land or roads and highway
 1029  construction under the purview of the Department of
 1030  Transportation.
 1031         (3) The Department of Management Services, in consultation
 1032  with the Department of Environmental Protection, shall adopt
 1033  rules and guidelines for the required use of Florida-friendly
 1034  landscaping Xeriscape on public property associated with
 1035  publicly owned buildings or facilities constructed after June
 1036  30, 2009 1992. The Department of Management Services also shall
 1037  also develop a 5-year program for phasing in the use of Florida
 1038  friendly landscaping Xeriscape on public property associated
 1039  with publicly owned buildings or facilities constructed before
 1040  July 1, 2009 1992. In accomplishing these tasks, the Department
 1041  of Management Services shall take into account the standards
 1042  provided in guidelines set out in s. 373.185(2)(a)-(f). The
 1043  Department of Transportation shall implement Florida-friendly
 1044  Xeriscape landscaping pursuant to s. 335.167.
 1045         (4)(a)The Legislature finds that the use of Florida
 1046  friendly landscaping and other water use and pollution
 1047  prevention measures to conserve or protect the state’s water
 1048  resources serves a compelling public interest and that the
 1049  participation of homeowners’ associations and local governments
 1050  is essential to the state’s efforts in water conservation and
 1051  water quality protection and restoration.
 1052         (b) A deed restriction, or covenant entered after October
 1053  1, 2001, or local government ordinance may not prohibit or be
 1054  enforced so as to prohibit any property owner from implementing
 1055  Xeriscape or Florida-friendly landscaping landscape on his or
 1056  her land or create any requirement or limitation in conflict
 1057  with any provision of part II of chapter 373 or a water shortage
 1058  order, other order, consumptive use permit, or rule adopted or
 1059  issued pursuant to part II of chapter 373.
 1060         Section 19. Section 335.167, Florida Statutes, is amended
 1061  to read:
 1062         335.167 State highway construction and maintenance;
 1063  Xeriscape or Florida-friendly landscaping.—
 1064         (1) The department shall use and require the use of
 1065  Florida-friendly landscaping Xeriscape practices, as defined in
 1066  s. 373.185(1), in the construction and maintenance of all new
 1067  state highways, wayside parks, access roads, welcome stations,
 1068  and other state highway rights-of-way constructed upon or
 1069  acquired after June 30, 2009 1992. The department shall develop
 1070  a 5-year program for phasing in the use of Florida-friendly
 1071  landscaping Xeriscape, including the use of solid waste compost,
 1072  in state highway rights-of-way constructed upon or acquired
 1073  before July 1, 2009 1992. In accomplishing these tasks, the
 1074  department shall employ the standards guidelines set out in s.
 1075  373.185(2)(a)-(f).
 1076         (2)(a)The Legislature finds that the use of Florida
 1077  friendly landscaping and other water use and pollution
 1078  prevention measures to conserve or protect the state’s water
 1079  resources serves a compelling public interest and that the
 1080  participation of homeowners’ associations and local governments
 1081  is essential to the state’s efforts in water conservation and
 1082  water quality protection and restoration.
 1083         (b) A deed restriction, or covenant entered after October
 1084  1, 2001, or local government ordinance may not prohibit or be
 1085  enforced so as to prohibit any property owner from implementing
 1086  Xeriscape or Florida-friendly landscaping landscape on his or
 1087  her land or create any requirement or limitation in conflict
 1088  with any provision of part II of chapter 373 or a water shortage
 1089  order, other order, consumptive use permit, or rule adopted or
 1090  issued pursuant to part II of chapter 373.
 1091         Section 20. Paragraph (a) of subsection (3) of section
 1092  380.061, Florida Statutes, is amended to read:
 1093         380.061 The Florida Quality Developments program.—
 1094         (3)(a) To be eligible for designation under this program,
 1095  the developer shall comply with each of the following
 1096  requirements if which is applicable to the site of a qualified
 1097  development:
 1098         1. Donate or enter Have donated or entered into a binding
 1099  commitment to donate the fee or a lesser interest sufficient to
 1100  protect, in perpetuity, the natural attributes of the types of
 1101  land listed below. In lieu of this the above requirement, the
 1102  developer may enter into a binding commitment that which runs
 1103  with the land to set aside such areas on the property, in
 1104  perpetuity, as open space to be retained in a natural condition
 1105  or as otherwise permitted under this subparagraph. Under the
 1106  requirements of this subparagraph, the developer may reserve the
 1107  right to use such areas for the purpose of passive recreation
 1108  that is consistent with the purposes for which the land was
 1109  preserved.
 1110         a. Those wetlands and water bodies throughout the state
 1111  which as would be delineated if the provisions of s.
 1112  373.4145(1)(b) were applied. The developer may use such areas
 1113  for the purpose of site access, provided other routes of access
 1114  are unavailable or impracticable; may use such areas for the
 1115  purpose of stormwater or domestic sewage management and other
 1116  necessary utilities if to the extent that such uses are
 1117  permitted pursuant to chapter 403; or may redesign or alter
 1118  wetlands and water bodies within the jurisdiction of the
 1119  Department of Environmental Protection which have been
 1120  artificially created, if the redesign or alteration is done so
 1121  as to produce a more naturally functioning system.
 1122         b. Active beach or primary and, where appropriate,
 1123  secondary dunes, to maintain the integrity of the dune system
 1124  and adequate public accessways to the beach. However, the
 1125  developer may retain the right to construct and maintain
 1126  elevated walkways over the dunes to provide access to the beach.
 1127         c. Known archaeological sites determined to be of
 1128  significance by the Division of Historical Resources of the
 1129  Department of State.
 1130         d. Areas known to be important to animal species designated
 1131  as endangered or threatened animal species by the United States
 1132  Fish and Wildlife Service or by the Fish and Wildlife
 1133  Conservation Commission, for reproduction, feeding, or nesting;
 1134  for traveling between such areas used for reproduction, feeding,
 1135  or nesting; or for escape from predation.
 1136         e. Areas known to contain plant species designated as
 1137  endangered plant species by the Department of Agriculture and
 1138  Consumer Services.
 1139         2. Produce, or dispose of, no substances designated as
 1140  hazardous or toxic substances by the United States Environmental
 1141  Protection Agency, or by the Department of Environmental
 1142  Protection, or the Department of Agriculture and Consumer
 1143  Services. This subparagraph does is not intended to apply to the
 1144  production of these substances in nonsignificant amounts as
 1145  would occur through household use or incidental use by
 1146  businesses.
 1147         3. Participate in a downtown reuse or redevelopment program
 1148  to improve and rehabilitate a declining downtown area.
 1149         4. Incorporate no dredge and fill activities in, and no
 1150  stormwater discharge into, waters designated as Class II,
 1151  aquatic preserves, or Outstanding Florida Waters, except as
 1152  activities in those waters are permitted pursuant to s.
 1153  403.813(2), and the developer demonstrates that those activities
 1154  meet the standards under Class II waters, Outstanding Florida
 1155  Waters, or aquatic preserves, as applicable.
 1156         5. Include open space, recreation areas, Florida-friendly
 1157  landscaping Xeriscape as defined in s. 373.185, and energy
 1158  conservation and minimize impermeable surfaces as appropriate to
 1159  the location and type of project.
 1160         6. Provide for construction and maintenance of all onsite
 1161  infrastructure necessary to support the project and enter into a
 1162  binding commitment with local government to provide an
 1163  appropriate fair-share contribution toward the offsite impacts
 1164  that which the development will impose on publicly funded
 1165  facilities and services, except offsite transportation, and
 1166  condition or phase the commencement of development to ensure
 1167  that public facilities and services, except offsite
 1168  transportation, are will be available concurrent with the
 1169  impacts of the development. For the purposes of offsite
 1170  transportation impacts, the developer shall comply, at a
 1171  minimum, with the standards of the state land planning agency’s
 1172  development-of-regional-impact transportation rule, the approved
 1173  strategic regional policy plan, any applicable regional planning
 1174  council transportation rule, and the approved local government
 1175  comprehensive plan and land development regulations adopted
 1176  pursuant to part II of chapter 163.
 1177         7. Design and construct the development in a manner that is
 1178  consistent with the adopted state plan, the applicable strategic
 1179  regional policy plan, and the applicable adopted local
 1180  government comprehensive plan.
 1181         Section 21. Subsection (3) of section 388.291, Florida
 1182  Statutes, is amended to read:
 1183         388.291 Source reduction measures; supervision by
 1184  department.—
 1185         (3) Property owners in a developed residential area shall
 1186  are required to maintain their property in such a manner that
 1187  does so as not to create or maintain any standing freshwater
 1188  condition capable of breeding mosquitoes or other arthropods in
 1189  significant numbers so as to constitute a public health,
 1190  welfare, or nuisance problem. Nothing in This subsection does
 1191  not authorize shall permit the alteration of permitted
 1192  stormwater management systems or prohibit maintained fish ponds,
 1193  Florida-friendly landscaping xeriscaping, or other maintained
 1194  systems of landscaping or vegetation. If such a condition is
 1195  found to exist, the local arthropod control agency shall serve
 1196  notice on the property owner to treat, remove, or abate the
 1197  condition. Such notice is shall serve as prima facie evidence of
 1198  maintaining a nuisance, and upon failure of the property owner
 1199  to treat, remove, or abate the condition, the local arthropod
 1200  control agency or any affected citizen may proceed pursuant to
 1201  s. 60.05 to enjoin the nuisance and may recover costs and
 1202  attorney’s fees if they prevail in the action.
 1203         Section 22. Paragraph (a) of subsection (6) of section
 1204  481.303, Florida Statutes, is amended to read:
 1205         481.303 Definitions.—As used in this chapter:
 1206         (6) “Landscape architecture” means professional services,
 1207  including, but not limited to, the following:
 1208         (a) Consultation, investigation, research, planning,
 1209  design, preparation of drawings, specifications, contract
 1210  documents and reports, responsible construction supervision, or
 1211  landscape management in connection with the planning and
 1212  development of land and incidental water areas, including the
 1213  use of Florida-friendly landscaping Xeriscape as defined in s.
 1214  373.185, where, and to the extent that, the dominant purpose of
 1215  such services or creative works is the preservation,
 1216  conservation, enhancement, or determination of proper land uses,
 1217  natural land features, ground cover and plantings, or
 1218  naturalistic and aesthetic values;
 1219         Section 23. Subsection (4) of section 720.3075, Florida
 1220  Statutes, is amended to read:
 1221         720.3075 Prohibited clauses in association documents.—
 1222         (4)(a)The Legislature finds that the use of Florida
 1223  friendly landscaping and other water use and pollution
 1224  prevention measures to conserve or protect the state’s water
 1225  resources serves a compelling public interest and that the
 1226  participation of homeowners’ associations and local governments
 1227  is essential to the state’s efforts in water conservation and
 1228  water quality protection and restoration.
 1229         (b) Homeowners’ association documents, including
 1230  declarations of covenants, articles of incorporation, or bylaws,
 1231  entered after October 1, 2001, may not prohibit or be enforced
 1232  so as to prohibit any property owner from implementing Xeriscape
 1233  or Florida-friendly landscaping landscape, as defined in s.
 1234  373.185(1), on his or her land or create any requirement or
 1235  limitation in conflict with any provision of part II of chapter
 1236  373 or a water shortage order, other order, consumptive use
 1237  permit, or rule adopted or issued pursuant to part II of chapter
 1238  373.
 1239         Section 24. (1) A study commission is established to
 1240  develop legislative recommendations relating to stormwater
 1241  management system design in the state. The commission shall:
 1242         (a) Review the Joint Professional Engineers and Landscape
 1243  Architecture Committee Report conducted pursuant to s. 17,
 1244  chapter 88-347, Laws of Florida, and determine the current
 1245  validity of the report and the need to revise any of the
 1246  conclusions or recommendations.
 1247         (b) Determine how a licensed and registered professional
 1248  might demonstrate competency for stormwater management system
 1249  design.
 1250         (c) Determine how the Board of Professional Engineers and
 1251  the Board of Landscape Architecture might administer
 1252  certification tests or continuing education requirements for
 1253  stormwater management system design.
 1254         (d) Provide recommendations for grandfathering the rights
 1255  of licensed professionals who currently practice stormwater
 1256  management design in a manner that will allow them to continue
 1257  to practice without meeting any new requirements the commission
 1258  recommends be placed on licensed professionals in the future.
 1259         (2)(a) The Board of Landscape Architecture, the Board of
 1260  Professional Engineers, the Florida Engineering Society, the
 1261  Florida Chapter of the American Society of Landscape Architects,
 1262  and the Secretary of Environmental Protection shall each appoint
 1263  one member to the commission.
 1264         (b) Members of the commission may not be reimbursed for
 1265  travel, per diem, or any other costs associated with serving on
 1266  the commission.
 1267         (c) The commission shall meet a minimum of four times
 1268  either in person or via teleconference; however, a minimum of
 1269  two meetings shall be public hearings with testimony.
 1270         (d) The commission shall expire on November 1, 2009.
 1271         (3) The commission shall provide its findings and
 1272  legislative recommendations to the President of the Senate and
 1273  the Speaker of the House of Representatives by November 1, 2009.
 1274         Section 25. Except as otherwise expressly provided in this
 1275  act, this act shall take effect July 1, 2009.
 1276  
 1277  
 1278  ================= T I T L E  A M E N D M E N T ================
 1279         And the title is amended as follows:
 1280         Delete everything before the enacting clause
 1281  and insert:
 1282         An act relating to water resources; creating part IV of ch.
 1283  369, F.S.; providing a short title; providing legislative
 1284  findings and intent with respect to the need to protect and
 1285  restore springs and ground water; providing definitions;
 1286  requiring the Department of Environmental Protection to
 1287  delineate the springsheds of specified springs; requiring the
 1288  department to adopt spring protection zones by secretarial
 1289  order; requiring the department to adopt total maximum daily
 1290  loads and basin management action plans for spring systems;
 1291  providing effluent requirements for domestic wastewater
 1292  treatment facilities; providing requirements for onsite sewage
 1293  treatment and disposal systems; providing requirements for
 1294  agricultural operations; authorizing the Department of
 1295  Environmental Protection, the Department of Health, and the
 1296  Department of Agriculture and Consumer Services to adopt rules;
 1297  amending s. 163.3177, F.S.; requiring certain local governments
 1298  to adopt a springs protection element as one of the required
 1299  elements of the comprehensive plan by a specified date;
 1300  providing that certain design principles be included in the
 1301  element; requiring the Department of Environmental Protection
 1302  and the state land planning agency to make information available
 1303  concerning best-management practices; prohibiting a local
 1304  government that fails to adopt a springs protection element from
 1305  amending its comprehensive plan; amending s. 403.1835, F.S.;
 1306  including certain areas of critical state concern and the spring
 1307  protection zones established by the act among projects that are
 1308  eligible for certain financial assistance; requiring the
 1309  Department of Environmental Protection, the Department of
 1310  Agriculture and Consumer Services, and water management
 1311  districts to assess nitrogen loading and begin implementing
 1312  management plans within the spring protection zones by a
 1313  specified date; amending s. 381.0065, F.S.; requiring the
 1314  Department of Health to implement a statewide onsite sewage
 1315  treatment and disposal system inspection program; providing a
 1316  10-year phase-in cycle; requiring inspection; providing specific
 1317  exemptions; providing fee requirements; providing disposition of
 1318  fees; amending s. 259.105, F.S.; providing priority under the
 1319  Florida Forever Act for projects within a springs protection
 1320  zone; creating s. 403.9335, F.S.; providing legislative
 1321  findings; providing for model ordinances for the protection of
 1322  urban and residential environments and water; requiring the
 1323  Department of Environmental Protection to adopt a model
 1324  ordinance by a specified date; requiring municipalities and
 1325  counties having impaired water bodies or segments to adopt the
 1326  ordinance; creating s. 403.9337, F.S.; providing definitions;
 1327  prohibiting use of certain fertilizers after a specified date;
 1328  providing for exemptions; transferring by a type II transfer the
 1329  Bureau of Onsite Sewage from the Department of Health to the
 1330  Department of Environmental Protection; amending s. 369.317,
 1331  F.S.; clarifying mitigation offsets in the Wekiva Study Area;
 1332  amending s. 373.185, F.S.; revising the definition of Florida
 1333  friendly landscaping; deleting references to “xeriscape”;
 1334  requiring water management districts to provide model Florida
 1335  friendly landscaping ordinances to local governments; revising
 1336  eligibility criteria for certain incentive programs of the water
 1337  management districts; requiring certain local government
 1338  ordinances and amendments to include certain design standards
 1339  and identify specified invasive exotic plant species; requiring
 1340  water management districts to consult with additional entities
 1341  for activities relating to Florida-friendly landscaping
 1342  practices; specifying programs for the delivery of educational
 1343  programs relating to such practices; providing legislative
 1344  findings; providing that certain regulations prohibiting the
 1345  implementation of Florida-friendly landscaping or conflicting
 1346  with provisions governing the permitting of consumptive uses of
 1347  water are prohibited; providing that the act does not limit the
 1348  authority of the department or the water management districts to
 1349  require Florida-friendly landscaping ordinances or practices as
 1350  a condition of certain permit; creating s. 373.187, F.S.;
 1351  requiring water management districts to implement Florida
 1352  friendly landscaping practices on specified properties;
 1353  requiring districts to develop specified programs for
 1354  implementing such practices on other specified properties;
 1355  amending s. 373.228, F.S.; requiring water management districts
 1356  to work with specified entities to develop certain standards;
 1357  requiring water management districts to consider certain
 1358  information in evaluating water use applications from public
 1359  water suppliers; conforming provisions to changes made by the
 1360  act; amending s. 373.323, F.S.; revising application
 1361  requirements for water well contractor licensure; requiring
 1362  applicants to provide specified documentation; amending s.
 1363  373.333, F.S.; authorizing an administrative fine to be imposed
 1364  for each occurrence of unlicensed well water contracting;
 1365  amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
 1366  388.291, 481.303, and 720.3075, F.S.; conforming provisions to
 1367  changes made by the act; revising provisions requiring the use
 1368  of Florida-friendly landscaping for specified public properties
 1369  and highway construction and maintenance projects; establishing
 1370  a study commission to develop recommendations relating to
 1371  stormwater management system design; specifying study criteria;
 1372  providing for commission membership, meetings, and expiration;
 1373  requiring the commission to submit findings and legislative
 1374  recommendations to the Legislature by a specified date;
 1375  providing an effective date.
 1376