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:
8 369.401 Short title.—This part may be cited as the “Florida
9 Springs Protection Act.”
10 369.402 Legislative findings and intent.—
11 (1) Florida’s springs are a precious and fragile natural
12 resource that must be protected. Springs provide recreational
13 opportunities for swimmers, canoeists, wildlife watchers, cave
14 divers, and others. Because of the recreational opportunities
15 and accompanying tourism, many of the state’s springs greatly
16 benefit state and local economies. In addition, springs provide
17 critical habitat for plants and animals, including many
18 endangered or threatened species, and serve as indicators of
19 groundwater and surface water quality.
20 (2) In general, Florida’s springs, whether found in urban
21 or rural settings, or on public or private lands, are threatened
22 by actual, or potential, flow reductions and declining water
23 quality. Many of Florida’s springs show signs of ecological
24 imbalance, increased nutrient loading, and lowered water flow.
25 Groundwater sources of spring discharges are recharged by
26 seepage from the surface and through direct conduits such as
27 sinkholes and can be adversely affected by polluted runoff from
28 urban and agricultural lands and discharges resulting from poor
29 wastewater management practices.
30 (3) Springs and groundwater can be restored through good
31 stewardship, including effective planning strategies, best
32 management practices, and appropriate regulatory programs that
33 preserve and protect the springs and their springsheds.
34 369.403 Definitions.—As used in this part, the term:
35 (1) “Cooperating entities” means the Department of
36 Environmental Protection, the Department of Health, the
37 Department of Agriculture and Consumer Services, the Department
38 of Community Affairs, the Department of Transportation, and each
39 water management district and those county and municipal
40 governments having jurisdiction in the areas of the springs
41 identified in s. 369.404.
42 (2) “Department” means the Department of Environmental
43 Protection.
44 (3) “Estimated sewage flow” means the quantity of domestic
45 and commercial wastewater in gallons per day which is expected
46 to be produced by an establishment or single-family residence as
47 determined by rule of the Department of Health.
48 (4) “First magnitude spring” means a spring that has a
49 median discharge of greater than or equal to 100 cubic feet per
50 second for the period of record, as determined by the
51 department.
52 (5) “Karst” means landforms, generally formed by the
53 dissolution of soluble rocks such as limestone or dolostone,
54 forming direct connections to the groundwater such as springs,
55 sinkholes, sinking streams, closed depressions, subterranean
56 drainage, and caves.
57 (6) “Onsite sewage treatment and disposal system” or
58 “septic system” means a system that contains a standard
59 subsurface, filled, or mound drainfield system; an aerobic
60 treatment unit; a graywater system tank; a laundry wastewater
61 system tank; a septic tank; a grease interceptor; a pump tank; a
62 solids or effluent pump; a waterless, incinerating, or organic
63 waste-composting toilet; or a sanitary pit privy that is
64 installed or proposed to be installed beyond the building sewer
65 on land of the owner or on other land to which the owner has the
66 legal right to install a system. The term includes any item
67 placed within, or intended to be used as a part of or in
68 conjunction with, the system. This term does not include package
69 sewage treatment facilities and other treatment works regulated
70 under chapter 403.
71 (7) “Second magnitude spring” means a spring that has a
72 median discharge of 10 to 100 cubic feet per second for the
73 period of record, as determined by the department.
74 (8) “Spring” means a point where ground water is discharged
75 onto the earth’s surface, including under any surface water of
76 the state, including seeps. The term includes a spring run.
77 (9) “Springshed” means those areas within the groundwater
78 and surface water basins which contribute to the discharge of a
79 spring.
80 (10) “Usable property” means the area of the property
81 expressed in acres exclusive of all paved areas and prepared
82 road beds within public or private rights-of-way or easements
83 and exclusive of surface water bodies.
84 369.404 Designation of spring protection zones.—
85 (1) All counties or municipalities in which there are
86 located first or second magnitude springs are hereby designated
87 as spring protection zones.
88 (2) By July 1, 2010, the department is directed to propose
89 for adoption rules to implement the requirements of this
90 section.
91 (a) Such rules at a minimum shall create a priority list of
92 first and second magnitude springs designating them as high,
93 medium, or low priority based on the following measurements of
94 nitrate concentration in the water column at the point that
95 the spring discharges onto the earth’s surface as an average
96 annual concentration:
97 1. High – nitrate greater than or equal to 1.0 milligrams
98 per liter as determined using existing water quality data;
99 2. Medium – nitrate greater than or equal to 0.5 milligrams
100 per liter and less than 1.0 milligrams per liter as determined
101 using existing water quality data; and
102 3. Low – all first or second magnitude springs not
103 categorized as either High or Medium.
104 (b) Based on the priority determination of the department
105 for first and second magnitude springs, the corresponding
106 deadlines apply to the requirements of s. 369.405 to spring
107 protection zones as designated in this section.
108 1. For high-priority springs, the deadline for compliance
109 shall be no later than July 1, 2016;
110 2. For medium-priority springs, the deadline for compliance
111 shall be no later than July 1, 2019; and
112 3. For low-priority springs, the deadline for compliance
113 shall be no later than July 1, 2024.
114 (3) By July 1, 2010, the department is directed to propose
115 for adoption rules that provide the minimum scientific
116 methodologies, data, or tools that shall be used by a county or
117 municipal government to support the request for an exemption as
118 provided for in subsection (4).
119 (4) A county or municipal government, upon application to
120 the department, may seek to have specific geographic areas
121 exempted from the requirements of sections 369.405, 369.406, and
122 369.407 by demonstrating that activities within such areas will
123 not impact the springshed in a manner that leads to new or
124 continued degradation.
125 (5) Pursuant to subsection (4), the department may approve
126 or deny an application for an exemption, or may modify the
127 boundaries of the specific geographic areas for which an
128 exemption is sought. The ruling of the department on the
129 applicant’s request shall constitute a final agency action
130 subject to review pursuant to ss. 120.569 and 120.57.
131 (6) By July 1, 2010, the department must conduct a study
132 and report its findings of nitrate concentrations within spring
133 protection zones designated pursuant to s. 369.404.
134 369.405 Requirements for spring protection zones.—The
135 requirements of this section are subject to the timelines
136 established in s. 369.404.
137 (1) Domestic wastewater discharge and wastewater residual
138 application must comply with the requirements of this
139 subsection.
140 (a) All existing wastewater discharges from facilities
141 having permitted capacities greater than or equal to 100,000
142 gallons per day must achieve annual average total nitrogen
143 concentrations less than or equal to 3 milligrams per liter, as
144 nitrogen.
145 (b) All existing wastewater discharges from facilities
146 having permitted capacities less than 100,000 gallons per day
147 but greater than 10,000 gallons per day must achieve annual
148 average concentrations less than or equal to 10 milligrams per
149 liter, as nitrogen.
150 (2) Onsite sewage treatment and disposal systems in areas
151 permitted to or that contain septic systems in densities greater
152 than or equal to 640 systems per square mile, must connect to a
153 central wastewater treatment facility or other centralized
154 collection and treatment system. For the purposes of this
155 subsection, density must be calculated using the largest number
156 of systems possible within a square mile.
157 (3) Agricultural operations must implement applicable best
158 management practices, including nutrient management, adopted by
159 the Department of Agriculture and Consumer Services to reduce
160 nitrogen impacts to ground water. By December 31, 2009, the
161 Department of Agriculture and Consumer Services, in cooperation
162 with the other cooperating entities and stakeholders, must
163 develop and propose for adoption by rule equine, and cow and
164 calf best-management practices pursuant to this paragraph.
165 Implementation must be in accordance with paragraph
166 403.067(7)(b).
167 (4) Stormwater systems must comply with the requirements of
168 this section. The department is directed to propose for adoption
169 rules to implement the requirements of this subsection by July
170 1, 2010.
171 (a) Local governments in cooperation with the water
172 management districts must develop and implement a remediation
173 plan for all existing drainage wells containing strategies to
174 reduce nitrogen loading to groundwater to the maximum extent
175 practicable. The department shall review and approve the
176 remediation plan prior to implementation. All new drainage wells
177 must comply with the department’s underground injection control
178 rules.
179 (b) Local governments must develop and implement a
180 remediation plan for all stormwater management systems
181 constructed prior to 1982 which have not been modified to
182 provide stormwater treatment containing strategies to reduce
183 nitrogen loading to ground water to the maximum extent
184 practicable.
185 (c) Local governments in cooperation with the water
186 management districts must develop and implement a remediation
187 plan to reduce nitrogen loading to ground water including
188 reducing existing direct discharges of stormwater into
189 groundwater through karst features to the maximum extent
190 practicable. The department shall review and approve the
191 remediation plan prior to implementation.
192 (d) The Florida Department of Transportation must identify
193 any untreated stormwater discharges into groundwater through
194 natural subterranean drainages like sinkholes and develop and
195 implement a remediation plan to reduce nitrogen loading to
196 ground water including reducing existing such groundwater
197 discharges to the maximum extent practicable. The department
198 shall review and approve the remediation plan prior to
199 implementation.
200 (5) This subsection does not limit the department’s
201 authority to require additional treatment or other actions
202 pursuant to chapter 403, as necessary, to meet surface and
203 groundwater quality standards.
204 369.406 Additional requirements for all spring protection
205 zones.
206 (1) All newly constructed or expanded domestic wastewater
207 facilities operational after July 1, 2012, must meet the
208 advanced wastewater treatment requirements of s. 403.086(4).
209 (2) For all development not permitted as of July 1, 2009,
210 which has septic system densities greater than or equal to 640
211 systems per square mile, connection to a central wastewater
212 treatment facility or other centralized collection and treatment
213 system is required. For the purposes of this subsection, density
214 must be calculated using the largest number of systems possible
215 within a square mile.
216 (3) New septic systems required as a result of the
217 mandatory inspection program provided for in subsection (3) of
218 s. 381.0065 and installed after July 1, 2009, must be designed
219 to meet a target annual average groundwater concentration of no
220 more than 3 milligrams per liter total nitrogen at the owner’s
221 property line. Compliance with these requirements does not
222 require groundwater monitoring. The Department of Health shall
223 develop and adopt by rule design standards for achieving this
224 target annual average groundwater concentration. At a minimum,
225 this standard must take into consideration the relationship
226 between the treatment level achieved by the septic system and
227 the area of usable property available for rainwater dilution.
228 (4) Prior to adoption of the design standards by the
229 Department of Health, compliance with the requirements in
230 subsection (3) is presumed if one the following conditions are
231 met:
232 (a) The lot associated with the establishment or single
233 family home is served by a septic system meeting the baseline
234 system standards set forth in rules of the Department of Health,
235 and the ratio of estimated sewage flow in gallons per day to
236 acres of usable property is 100 to 1 or less.
237 (b) The lot associated with the establishment or single
238 family home is served by a septic system meeting at least the
239 advanced secondary treatment standards for nitrogen as set forth
240 in rules of the Department of Health, combined with a drip
241 irrigation system, a shallow low pressure dosed or a time-dosed
242 drainfield system.
243 (c) The lot associated with the establishment or single
244 family home is scheduled to connect to a central wastewater
245 treatment facility within six months of the application for
246 permit.
247 (5) Subsection (4) does not supersede the jurisdictional
248 flow limits established in s. 381.0065(3)(b).
249 (6) Land application of septage is prohibited and subject
250 to a $250 fine for a first offense and $500 fine for a second or
251 subsequent offense pursuant to the authority granted to the
252 Department of Health in s. 381.0065(3)(h).
253 (7) Any septic system, when requiring repair, modification,
254 or reapproval, must meet a 24-inch separation from the wet
255 season water table and the surface water setback requirements in
256 s. 381.0065(4). All treatment receptacles must be within one
257 size of the requirements in rules of the Department of Health
258 and must be tested for watertightness by a state-licensed septic
259 tank contractor or plumber.
260 (8) Each owner of a publicly owned or investor-owned
261 sewerage system must notify all owners of septic systems,
262 excluding approved graywater systems, of the availability of
263 central sewerage facilities for purposes of connection pursuant
264 to s. 381.00655(1) within 60 days after receipt of notification
265 from the Department of Health that collection facilities for the
266 central sewerage system have been cleared for use.
267 (a) Notwithstanding s. 381.00655(2)(b), a publicly owned or
268 investor-owned sewerage system may not waive the requirement for
269 mandatory onsite sewage disposal connection to an available
270 publicly owned or investor-owned sewerage system, except as
271 provided in paragraph (b).
272 (b) With the approval of the Department of Health, a
273 publicly owned or investor-owned sewerage system may waive the
274 requirement for mandatory onsite sewage disposal connection for
275 a sewage treatment system that meets or exceeds standards
276 established for septic systems if it determines that such
277 connection is not required in the public interest due to water
278 quality or public health considerations.
279 (9) In hardship cases the Department of Health may grant
280 variances to the provisions of this section and any rules
281 adopted under this section in accordance with s. 381.0065(4)(h).
282 (10) After July 1, 2010, land application of Class A, Class
283 B, or Class AA wastewater residuals, as defined by department
284 rule, is prohibited. This prohibition does not apply to Class AA
285 residuals that are marketed and distributed as fertilizer
286 products in accordance with department rule.
287 (11) Animal feeding operations must implement the
288 requirements of rules adopted by the department to reduce
289 nitrogen impacts to ground water. By December 31, 2009, the
290 department, in cooperation with the other cooperating entities
291 and stakeholders, must develop and propose for adoption, revised
292 rules for animal feeding operations which address requirements
293 for lined wastewater storage ponds and the development and
294 implementation of nutrient management plans, including the land
295 spreading of animal waste not treated and packaged as
296 fertilizer.
297 (12) All county and municipal governments must, at a
298 minimum, adopt the department’s model ordinance for Florida
299 Friendly Fertilizer Use on Urban Landscapes located in the
300 Florida-Friendly Landscape Guidance Models for Ordinances,
301 Covenants and Restrictions (2009) by December 31, 2010.
302 (13) The department and the water management districts
303 shall adopt design criteria for stormwater treatment systems
304 located within spring protection zones to minimize the movement
305 of nitrogen into the ground water and to prevent the formation
306 of sinkholes within stormwater systems.
307 (14) This subsection does not limit the department’s
308 authority to require additional treatment or other actions
309 pursuant to chapter 403, as necessary, to meet surface and
310 groundwater quality standards.
311 369.407 Florida Springs Onsite Sewage Treatment and
312 Disposal System Compliance Grant Program.—
313 (1) The Florida Springs Onsite Sewage Treatment and
314 Disposal System Compliance Grant Program is established in the
315 department and shall be administered by it. The purpose of the
316 program is to provide grants to low-income property owners in
317 spring protection zones using septic systems to assist the
318 property owners in complying with rules for these systems
319 developed by the department, or the water management districts,
320 or to connect to a central wastewater treatment facility or
321 other centralized collection and treatment system pursuant to
322 ss. 369.405(2) or 381.00655(1). The grant program is effective
323 upon final adoption of the department rules and may be applied
324 to costs incurred on or after such date.
325 (2) Any property owner in a spring protection zone having
326 an income less than or equal to 200 percent of the federal
327 poverty level who is required by rule of the department or the
328 water management districts to alter, repair, or modify any
329 existing septic system to a nitrate-reducing system pursuant to
330 s. 369.406(3), or to assist property owners with connecting to
331 available publicly owned or investor-owned sewerage system
332 pursuant to s. 381.00655(1), may apply to the department for a
333 grant to assist the owner with the costs of compliance or
334 connection.
335 (3) The amount of the grant is limited to the cost
336 differential between the replacement of a comparable existing
337 septic system and that of an upgraded nitrate-reducing treatment
338 system pursuant to s. 369.406(3),or the actual costs incurred
339 from connection to a central wastewater treatment facility or
340 other centralized collection and treatment system pursuant to s.
341 385.00655(1), but may not exceed $5,000 per property.
342 (4) The grant must be in the form of a rebate to the
343 property owner for costs incurred in complying with the
344 requirements for septic systems pursuant to s. 369.406(3), or
345 incurred from connection to a central wastewater treatment
346 facility or other centralized collection and treatment system
347 pursuant to s. 381.00655(1). The property owner must provide
348 documentation of those costs in the grant application to the
349 department.
350 (5) The department shall adopt rules providing forms,
351 procedures, and requirements for applying for and disbursing
352 grants, including bid requirements, and for documenting
353 compliance or connection costs incurred.
354 (6) The department, in coordination with the water
355 management districts, shall continue to evaluate, by any means
356 it deems appropriate, the level of nitrate deposited in Florida
357 springs by septic systems.
358 369.408 Rules.—
359 (1) The department, the Department of Health, and the
360 Department of Agriculture and Consumer Services may adopt rules
361 pursuant to ss. 120.536(1) and 120.54 to administer the
362 provisions of this part, as applicable.
363 (2)(a) The Department of Agriculture and Consumer Services
364 shall be the lead agency coordinating the reduction of
365 agricultural nonpoint sources of pollution for springs
366 protection. The Department of Agriculture and Consumer Services
367 and the department pursuant to 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:
524 403.9335 Protection 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:
584 403.9337 Urban 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:
794 373.187 Water 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