CS for CS for SB 274                             First Engrossed
       
       
       
       
       
       
       
       
       2009274e1
       
    1                        A bill to be entitled                      
    2         An act relating to water resources; creating part IV
    3         of ch. 369, F.S.; providing a short title; providing
    4         legislative findings and intent with respect to the
    5         need to protect and restore springs and groundwater;
    6         providing definitions; requiring the Department of
    7         Environmental Protection to delineate the springsheds
    8         of specified springs; requiring the department to
    9         adopt spring protection zones by secretarial order;
   10         requiring the department to adopt total maximum daily
   11         loads and basin management action plans for spring
   12         systems; providing effluent requirements for domestic
   13         wastewater treatment facilities; providing
   14         requirements for onsite sewage treatment and disposal
   15         systems; providing requirements for agricultural
   16         operations; authorizing the Department of
   17         Environmental Protection, the Department of Health,
   18         and the Department of Agriculture and Consumer
   19         Services to adopt rules; amending s. 403.1835, F.S.;
   20         including certain areas of critical state concern and
   21         the spring protection zones established by the act
   22         among projects that are eligible for certain financial
   23         assistance; requiring the Department of Environmental
   24         Protection, the Department of Agriculture and Consumer
   25         Services, and water management districts to assess
   26         nitrogen loading and begin implementing management
   27         plans within the spring protection zones by a
   28         specified date; creating s. 403.093, F.S.; providing
   29         legislative intent to consider creation of a statewide
   30         onsite sewage treatment and disposal system inspection
   31         program; requiring a report to the Governor, the
   32         President of the Senate, and the Speaker of the House
   33         of Representatives by a specified date; requiring the
   34         Department of Environmental Protection to provide
   35         procedures for implementing an inspection program;
   36         requiring minimum standards; directing disposition of
   37         revenues to fund the costs of the program; directing
   38         remaining revenues be used to fund the grant program;
   39         amending s. 259.105, F.S.; providing priority under
   40         the Florida Forever Act for projects within a springs
   41         protection zone; creating s. 403.9335, F.S.; providing
   42         legislative findings; providing for model ordinances
   43         for the protection of urban and residential
   44         environments and water; requiring the Department of
   45         Environmental Protection to adopt a model ordinance by
   46         a specified date; requiring municipalities and
   47         counties having impaired water bodies or segments to
   48         adopt the ordinance; creating s. 403.9337, F.S.;
   49         providing definitions; prohibiting use of certain
   50         fertilizers after a specified date; providing for
   51         exemptions; transferring by a type II transfer the
   52         Bureau of Onsite Sewage from the Department of Health
   53         to the Department of Environmental Protection;
   54         amending s. 369.317, F.S.; clarifying mitigation
   55         offsets in the Wekiva Study Area; establishing a task
   56         force to develop recommendations relating to
   57         stormwater management system design; specifying study
   58         criteria; providing for task force membership,
   59         meetings, and expiration; requiring the task force to
   60         submit findings and legislative recommendations to the
   61         Legislature by a specified date; providing effective
   62         dates.
   63  
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Part IV of chapter 369, Florida Statutes,
   67  consisting of sections 369.401, 369.402, 369.403, 369.404,
   68  369.405, 369.406, 369.407, and 369.408, is created to read:
   69         369.401Short title.—This part may be cited as the “Florida
   70  Springs Protection Act.”
   71         369.402Legislative findings and intent.—
   72         (1)Florida’s springs are a precious and fragile natural
   73  resource that must be protected. Springs provide recreational
   74  opportunities for swimmers, canoeists, wildlife watchers, cave
   75  divers, and others. Because of the recreational opportunities
   76  and accompanying tourism, many of the state’s springs greatly
   77  benefit state and local economies. In addition, springs provide
   78  critical habitat for plants and animals, including many
   79  endangered or threatened species, and serve as indicators of
   80  groundwater and surface water quality.
   81         (2)In general, Florida’s springs, whether found in urban
   82  or rural settings, or on public or private lands, are threatened
   83  by actual, or potential, flow reductions and declining water
   84  quality. Many of Florida’s springs show signs of ecological
   85  imbalance, increased nutrient loading, and lowered water flow.
   86  Groundwater sources of spring discharges are recharged by
   87  seepage from the surface and through direct conduits such as
   88  sinkholes and can be adversely affected by polluted runoff from
   89  urban and agricultural lands and discharges resulting from poor
   90  wastewater management practices.
   91         (3)Springs and groundwater can be restored through good
   92  stewardship, including effective planning strategies, best
   93  management practices, and appropriate regulatory programs that
   94  preserve and protect the springs and their springsheds.
   95         369.403Definitions.—As used in this part, the term:
   96         (1)“Cooperating entities” means the Department of
   97  Environmental Protection, the Department of Health, the
   98  Department of Agriculture and Consumer Services, the Department
   99  of Community Affairs, the Department of Transportation, and each
  100  water management district and those county and municipal
  101  governments having jurisdiction in the areas of the springs
  102  identified in s. 369.404.
  103         (2)“Department” means the Department of Environmental
  104  Protection.
  105         (3)“Estimated sewage flow” means the quantity of domestic
  106  and commercial wastewater in gallons per day which is expected
  107  to be produced by an establishment or single-family residence as
  108  determined by rule of the Department of Health.
  109         (4)“First magnitude spring” means a spring that has a
  110  median discharge of greater than or equal to 100 cubic feet per
  111  second for the period of record, as determined by the
  112  department.
  113         (5)“Karst” means landforms, generally formed by the
  114  dissolution of soluble rocks such as limestone or dolostone,
  115  forming direct connections to the groundwater such as springs,
  116  sinkholes, sinking streams, closed depressions, subterranean
  117  drainage, and caves.
  118         (6)“Onsite sewage treatment and disposal system” or
  119  “septic system” means a system that contains a standard
  120  subsurface, filled, or mound drainfield system; an aerobic
  121  treatment unit; a graywater system tank; a laundry wastewater
  122  system tank; a septic tank; a grease interceptor; a pump tank; a
  123  solids or effluent pump; a waterless, incinerating, or organic
  124  waste-composting toilet; or a sanitary pit privy that is
  125  installed or proposed to be installed beyond the building sewer
  126  on land of the owner or on other land to which the owner has the
  127  legal right to install a system. The term includes any item
  128  placed within, or intended to be used as a part of or in
  129  conjunction with, the system. This term does not include package
  130  sewage treatment facilities and other treatment works regulated
  131  under chapter 403.
  132         (7)“Second magnitude spring” means a spring that has a
  133  median discharge of 10 to 100 cubic feet per second for the
  134  period of record, as determined by the department.
  135         (8)“Spring” means a point where groundwater is discharged
  136  onto the earth’s surface, including under any surface water of
  137  the state, including seeps. The term includes a spring run.
  138         (9)“Springshed” means those areas within the groundwater
  139  and surface water basins which contribute to the discharge of a
  140  spring.
  141         (10)“Usable property” means the area of the property
  142  expressed in acres exclusive of all paved areas and prepared
  143  road beds within public or private rights-of-way or easements
  144  and exclusive of surface water bodies.
  145         369.404Designation of spring protection zones.—
  146         (1)All counties or municipalities in which there are
  147  located first or second magnitude springs are hereby designated
  148  as spring protection zones.
  149         (2)By July 1, 2010, the department is directed to propose
  150  for adoption rules to implement the requirements of this
  151  section.
  152         (a)Such rules at a minimum shall create a priority list of
  153  first and second magnitude springs designating them as high,
  154  medium, or low priority based on the following measurements of
  155  nitrate concentration in the water column at the point that the
  156  spring discharges onto the earth’s surface as an average annual
  157  concentration:
  158         1.High – nitrate greater than or equal to 1.0 milligrams
  159  per liter as determined using existing water quality data;
  160         2.Medium – nitrate greater than or equal to 0.5 milligrams
  161  per liter and less than 1.0 milligrams per liter as determined
  162  using existing water quality data; and
  163         3.Low – all first or second magnitude springs not
  164  categorized as either High or Medium.
  165         (b)Based on the priority determination of the department
  166  for first and second magnitude springs, the corresponding
  167  deadlines apply to the requirements of s. 369.405 to spring
  168  protection zones as designated in this section.
  169         1.For high-priority springs, the deadline for compliance
  170  shall be no later than July 1, 2016;
  171         2.For medium-priority springs, the deadline for compliance
  172  shall be no later than July 1, 2019; and
  173         3.For low-priority springs, the deadline for compliance
  174  shall be no later than July 1, 2024.
  175         (3)By July 1, 2010, the department is directed to propose
  176  for adoption rules that provide the minimum scientific
  177  methodologies, data, or tools that shall be used by a county or
  178  municipal government to support the request for an exemption as
  179  provided for in subsection (4).
  180         (4)A county or municipal government, upon application to
  181  the department, may seek to have specific geographic areas
  182  exempted from the requirements of sections 369.405, 369.406, and
  183  369.407 by demonstrating that activities within such areas will
  184  not impact the springshed in a manner that leads to new or
  185  continued degradation.
  186         (5)Pursuant to subsection (4), the department may approve
  187  or deny an application for an exemption, or may modify the
  188  boundaries of the specific geographic areas for which an
  189  exemption is sought. The ruling of the department on the
  190  applicant’s request shall constitute a final agency action
  191  subject to review pursuant to ss. 120.569 and 120.57.
  192         (6)By July 1, 2010, the department must conduct a study
  193  and report its findings of nitrate concentrations within spring
  194  protection zones designated pursuant to s. 369.404.
  195         369.405Requirements for spring protection zones.—The
  196  requirements of this section are subject to the timelines
  197  established in s. 369.404.
  198         (1)Domestic wastewater discharge and wastewater residual
  199  application must comply with the requirements of this
  200  subsection.
  201         (a)All existing wastewater discharges from facilities
  202  having permitted capacities greater than or equal to 100,000
  203  gallons per day must achieve annual average total nitrogen
  204  concentrations less than or equal to 3 milligrams per liter, as
  205  nitrogen.
  206         (b)All existing wastewater discharges from facilities
  207  having permitted capacities less than 100,000 gallons per day
  208  but greater than 10,000 gallons per day must achieve annual
  209  average concentrations less than or equal to 10 milligrams per
  210  liter, as nitrogen.
  211         (2)Onsite sewage treatment and disposal systems in areas
  212  permitted to or that contain septic systems in densities greater
  213  than or equal to 640 systems per square mile must connect to a
  214  central wastewater treatment facility or other centralized
  215  collection and treatment system. For the purposes of this
  216  subsection, density must be calculated using the largest number
  217  of systems possible within a square mile.
  218         (3)Agricultural operations must implement applicable best
  219  management practices, including nutrient management, adopted by
  220  the Department of Agriculture and Consumer Services to reduce
  221  nitrogen impacts to groundwater. By December 31, 2009, the
  222  Department of Agriculture and Consumer Services, in cooperation
  223  with the other cooperating entities and stakeholders, must
  224  develop and propose for adoption by rule equine, and cow and
  225  calf best-management practices pursuant to this paragraph.
  226  Implementation must be in accordance with paragraph
  227  403.067(7)(b).
  228         (4)Stormwater systems must comply with the requirements of
  229  this section. The department is directed to propose for adoption
  230  rules to implement the requirements of this subsection by July
  231  1, 2010.
  232         (a)Local governments in cooperation with the water
  233  management districts must develop and implement a remediation
  234  plan for all existing drainage wells containing strategies to
  235  reduce nitrogen loading to groundwater to the maximum extent
  236  practicable. The department shall review and approve the
  237  remediation plan prior to implementation. All new drainage wells
  238  must comply with the department’s underground injection control
  239  rules.
  240         (b)Local governments must develop and implement a
  241  remediation plan for all stormwater management systems
  242  constructed prior to 1982 which have not been modified to
  243  provide stormwater treatment containing strategies to reduce
  244  nitrogen loading to groundwater to the maximum extent
  245  practicable.
  246         (c)Local governments in cooperation with the water
  247  management districts must develop and implement a remediation
  248  plan to reduce nitrogen loading to groundwater including
  249  reducing existing direct discharges of stormwater into
  250  groundwater through karst features to the maximum extent
  251  practicable. The department shall review and approve the
  252  remediation plan prior to implementation.
  253         (d)The Department of Transportation must identify any
  254  untreated stormwater discharges into groundwater through natural
  255  subterranean drainages such as sinkholes and develop and
  256  implement a remediation plan to reduce nitrogen loading to
  257  groundwater, including reducing existing such groundwater
  258  discharges to the maximum extent practicable. The department
  259  shall review and approve the remediation plan prior to
  260  implementation.
  261         (5)This subsection does not limit the department’s
  262  authority to require additional treatment or other actions
  263  pursuant to chapter 403, as necessary, to meet surface and
  264  groundwater quality standards.
  265         369.406Additional requirements for all spring protection
  266  zones.
  267         (1)All newly constructed or expanded domestic wastewater
  268  facilities operational after July 1, 2012, must meet the
  269  advanced wastewater treatment requirements of s. 403.086(4).
  270         (2)For all development not permitted as of July 1, 2009,
  271  which has septic system densities greater than or equal to 640
  272  systems per square mile, connection to a central wastewater
  273  treatment facility or other centralized collection and treatment
  274  system is required. For the purposes of this subsection, density
  275  must be calculated using the largest number of systems possible
  276  within a square mile.
  277         (3)All new septic systems installed on or after January 1,
  278  2010 that are located on properties abutting a water body or
  279  water segment that is listed as impaired pursuant to s. 403.067,
  280  or properties within a designated spring protection zone
  281  pursuant to s. 369.404, must be designed to meet a target annual
  282  average groundwater concentration of no more than 3 milligrams
  283  per liter total nitrogen at the owner’s property line.
  284  Compliance with these requirements does not require groundwater
  285  monitoring. The department must initiate and develop by rule
  286  design standards for achieving this target annual average
  287  groundwater concentration. At a minimum, this standard must take
  288  into consideration the relationship between the treatment level
  289  achieved by the septic system and the area of usable property
  290  available for rainwater dilution. Such design standards adopted
  291  by the department must provide multiple options that may be used
  292  to meet the standards established in s. 369.406(3).
  293         (4) Prior to adoption of the design standards by the
  294  department, compliance with the requirements in subsection (3)
  295  is presumed if one of the following conditions is met:
  296         (a)The lot associated with the establishment or single
  297  family home is served by a septic system meeting the baseline
  298  system standards set forth in rules of the Department of Health,
  299  and the ratio of estimated sewage flow in gallons per day to
  300  acres of usable property is 100 to 1 or less.
  301         (b)The lot associated with the establishment or single
  302  family home is served by a septic system meeting at least the
  303  advanced secondary treatment standards for nitrogen as set forth
  304  in rules of the Department of Health, combined with a drip
  305  irrigation system, a shallow low pressure dosed or a time-dosed
  306  drainfield system.
  307         (c)The lot associated with the establishment or single
  308  family home is scheduled to connect to a central wastewater
  309  treatment facility within 6 months after the application for the
  310  permit.
  311         (5)Subsection (4) does not supersede the jurisdictional
  312  flow limits established in s. 381.0065(3)(b).
  313         (6)Land application of septage is prohibited and subject
  314  to a $250 fine for a first offense and $500 fine for a second or
  315  subsequent offense pursuant to the authority granted to the
  316  Department of Health in s. 381.0065(3)(h).
  317         (7)Any septic system, when requiring repair, modification,
  318  or reapproval, must meet a 24-inch separation from the wet
  319  season water table and the surface water setback requirements in
  320  s. 381.0065(4). All treatment receptacles must be within one
  321  size of the requirements in rules of the Department of Health
  322  and must be tested for watertightness by a state-licensed septic
  323  tank contractor or plumber.
  324         (8)Each owner of a publicly owned or investor-owned
  325  sewerage system must notify all owners of septic systems,
  326  excluding approved graywater systems, of the availability of
  327  central sewerage facilities for purposes of connection pursuant
  328  to s. 381.00655(1) within 60 days after receipt of notification
  329  from the Department of Health that collection facilities for the
  330  central sewerage system have been cleared for use.
  331         (a)Notwithstanding s. 381.00655(2)(b), a publicly owned or
  332  investor-owned sewerage system may not waive the requirement for
  333  mandatory onsite sewage disposal connection to an available
  334  publicly owned or investor-owned sewerage system, except as
  335  provided in paragraph (b).
  336         (b)With the approval of the Department of Health, a
  337  publicly owned or investor-owned sewerage system may waive the
  338  requirement for mandatory onsite sewage disposal connection for
  339  a sewage treatment system that meets or exceeds standards
  340  established for septic systems if it determines that such
  341  connection is not required in the public interest due to water
  342  quality or public health considerations.
  343         (9)In hardship cases the Department of Health may grant
  344  variances to the provisions of this section and any rules
  345  adopted under this section in accordance with s. 381.0065(4)(h).
  346         (10)After July 1, 2010, land application of Class A, Class
  347  B, or Class AA wastewater residuals, as defined by department
  348  rule, is prohibited. This prohibition does not apply to Class AA
  349  residuals that are marketed and distributed as fertilizer
  350  products in accordance with department rule.
  351         (11)Animal feeding operations must implement the
  352  requirements of rules adopted by the department to reduce
  353  nitrogen impacts to groundwater. By December 31, 2009, the
  354  department, in cooperation with the other cooperating entities
  355  and stakeholders, must develop and propose for adoption, revised
  356  rules for animal feeding operations which address requirements
  357  for lined wastewater storage ponds and the development and
  358  implementation of nutrient management plans, including the land
  359  spreading of animal waste not treated and packaged as
  360  fertilizer.
  361         (12)All county and municipal governments must, at a
  362  minimum, adopt the department’s model ordinance for Florida
  363  Friendly Fertilizer Use on Urban Landscapes located in the
  364  Florida-Friendly Landscape Guidance Models for Ordinances,
  365  Covenants and Restrictions (2009) by December 31, 2010.
  366         (13)The department and the water management districts
  367  shall adopt design criteria for stormwater treatment systems
  368  located within spring protection zones to minimize the movement
  369  of nitrogen into the groundwater and to prevent the formation of
  370  sinkholes within stormwater systems.
  371         (14)This subsection does not limit the department’s
  372  authority to require additional treatment or other actions
  373  pursuant to chapter 403, as necessary, to meet surface and
  374  groundwater quality standards.
  375         369.407Florida Springs Onsite Sewage Treatment and
  376  Disposal System Compliance Grant Program.—
  377         (1)The Florida Springs Onsite Sewage Treatment and
  378  Disposal System Compliance Grant Program is established in the
  379  department and shall be administered by it. The purpose of the
  380  program is to provide grants to low-income property owners in
  381  spring protection zones using septic systems to assist the
  382  property owners in complying with rules for these systems
  383  developed by the department, or the water management districts,
  384  or to connect to a central wastewater treatment facility or
  385  other centralized collection and treatment system pursuant to s.
  386  369.405(2) or s. 381.00655(1). The grant program is effective
  387  upon final adoption of the department rules and may be applied
  388  to costs incurred on or after such date.
  389         (2)Any property owner in a spring protection zone having
  390  an income less than or equal to 200 percent of the federal
  391  poverty level who is required by rule of the department or the
  392  water management districts to alter, repair, or modify any
  393  existing septic system to a nitrate-reducing system pursuant to
  394  s. 369.406(3), or to assist property owners with connecting to
  395  available publicly owned or investor-owned sewerage system
  396  pursuant to s. 381.00655(1), may apply to the department for a
  397  grant to assist the owner with the costs of compliance or
  398  connection.
  399         (3)The amount of the grant is limited to the cost
  400  differential between the replacement of a comparable existing
  401  septic system and that of an upgraded nitrate-reducing treatment
  402  system pursuant to s. 369.406(3), or the actual costs incurred
  403  from connection to a central wastewater treatment facility or
  404  other centralized collection and treatment system pursuant to s.
  405  385.00655(1), but may not exceed $5,000 per property.
  406         (4)The grant must be in the form of a rebate to the
  407  property owner for costs incurred in complying with the
  408  requirements for septic systems pursuant to s. 369.406(3), or
  409  incurred from connection to a central wastewater treatment
  410  facility or other centralized collection and treatment system
  411  pursuant to s. 381.00655(1). The property owner must provide
  412  documentation of those costs in the grant application to the
  413  department.
  414         (5)The department shall adopt rules providing forms,
  415  procedures, and requirements for applying for and disbursing
  416  grants, including bid requirements, and for documenting
  417  compliance or connection costs incurred.
  418         (6)The department, in coordination with the water
  419  management districts, shall continue to evaluate, by any means
  420  it deems appropriate, the level of nitrate deposited in Florida
  421  springs by septic systems.
  422         369.408Rules.—
  423         (1)The department, the Department of Health, and the
  424  Department of Agriculture and Consumer Services may adopt rules
  425  pursuant to ss. 120.536(1) and 120.54 to administer the
  426  provisions of this part, as applicable.
  427         (2)(a)The Department of Agriculture and Consumer Services
  428  shall be the lead agency coordinating the reduction of
  429  agricultural nonpoint sources of pollution for springs
  430  protection. The Department of Agriculture and Consumer Services
  431  and the department, pursuant to s. 403.067(7)(c)4., shall study
  432  and if necessary, in cooperation with the other cooperating
  433  entities, applicable county and municipal governments, and
  434  stakeholders, initiate rulemaking to implement new or revised
  435  best-management practices for improving and protecting springs.
  436  As needed to implement the new or revised practices, the
  437  Department of Agriculture and Consumer Services, shall revise
  438  its best-management practices rules to require implementation of
  439  the modified practice within a reasonable time period as
  440  specified in the rule.
  441         (b)The Department of Agriculture and Consumer Services,
  442  the department, and the University of Florida’s Institute of
  443  Food and Agricultural Sciences shall cooperate in the conduct of
  444  necessary research and demonstration projects to develop
  445  improved or additional nutrient management tools, including the
  446  use of controlled release fertilizer, which can be used by
  447  agricultural producers as part of an agricultural best
  448  management practices program. The development of such tools
  449  shall reflect a balance between water quality improvements and
  450  agricultural productivity and, where applicable, shall be
  451  incorporated into revised best-management practices adopted by
  452  rule of the Department of Agriculture and Consumer Services.
  453         (3)The department shall as a part of the rules developed
  454  for this part include provisions that allow for the variance of
  455  the compliance deadlines provided for in paragraph (b) of s.
  456  369.404(2). Such variance shall, at a minimum, be based on the
  457  financial ability of the responsible county or municipality to
  458  meet the requirements of this part.
  459         (4)The department must initiate and develop rules to
  460  implement subsections (3), (4), and (5) of s.369.406, in
  461  conjunction with the Department of Health, but may not adopt
  462  such rules until such date as the type II transfer of the Bureau
  463  of Onsite Sewage becomes effective.
  464         Section 2. Subsection (7) of section 403.1835, Florida
  465  Statutes, is amended to read:
  466         403.1835 Water pollution control financial assistance.—
  467         (7) Eligible projects must be given priority according to
  468  the extent each project is intended to remove, mitigate, or
  469  prevent adverse effects on surface or groundwater ground water
  470  quality and public health. The relative costs of achieving
  471  environmental and public health benefits must be taken into
  472  consideration during the department’s assignment of project
  473  priorities. The department shall adopt a priority system by
  474  rule. In developing the priority system, the department shall
  475  give priority to projects that:
  476         (a) Eliminate public health hazards;
  477         (b) Enable compliance with laws requiring the elimination
  478  of discharges to specific water bodies, including the
  479  requirements of s. 403.086(9) regarding domestic wastewater
  480  ocean outfalls;
  481         (c) Assist in the implementation of total maximum daily
  482  loads and basin management action plans adopted under s.
  483  403.067;
  484         (d) Enable compliance with other pollution control
  485  requirements, including, but not limited to, toxics control,
  486  wastewater residuals management, and reduction of nutrients and
  487  bacteria;
  488         (e) Assist in the implementation of surface water
  489  improvement and management plans and pollutant load reduction
  490  goals developed under state water policy;
  491         (f) Promote reclaimed water reuse;
  492         (g) Eliminate environmental damage caused by failing onsite
  493  sewage treatment and disposal systems, with priority given to
  494  systems located within an area designated as an area of critical
  495  state concern under s. 380.05 or located in a spring protection
  496  zone designated pursuant to s. 369.404 or those that are causing
  497  environmental damage; or
  498         (h) Reduce pollutants to and otherwise promote the
  499  restoration of state Florida’s surface waters and groundwaters
  500  ground waters.
  501         Section 3. All state agencies and water management
  502  districts shall asses nitrogen loading from all publically owned
  503  buildings and facilities owned or managed by each respective
  504  agency or district located within a spring protection zone using
  505  a consistent methodology, evaluate existing management
  506  activities, and develop and begin implementing management plans
  507  to reduce adverse impacts to the springs no later than December
  508  31, 2011.
  509         Section 4. Section 403.093, Florida Statutes, is created to
  510  read:
  511         403.093 Onsite sewage treatment and disposal systems;
  512  inspection.—
  513         (1) In order to increase protection of state water bodies
  514  and provide for potential cost savings to the people of this
  515  state, it is the intent of the Legislature to consider creation
  516  of a statewide onsite sewage treatment and disposal system
  517  inspection program.
  518         (2) The department shall develop a report that details the
  519  process to be used and resources needed. The report shall be
  520  provided to the Governor, the President of the Senate, and the
  521  Speaker of the House of Representatives by January 15, 2011. The
  522  report shall, at a minimum:
  523         a. Provide a method to ensure that each onsite sewage
  524  treatment and disposal system be inspected at least once every 5
  525  years.
  526         b. Recommend exemptions from the inspection requirement for
  527  onsite sewage treatment and disposal systems. In identifying
  528  systems for potential exemption, the department shall consider
  529  the risk a system or a certain density of systems poses to water
  530  bodies. Such evaluation shall also account for the proximity of
  531  the system or systems to a water body or water segment that is
  532  listed as impaired pursuant to s. 403.067 or is within a spring
  533  protection zone designated pursuant to s. 369.404.
  534         c. Identify the appropriate mechanism for tracking
  535  inspections and providing notification to the owner of an onsite
  536  sewage treatment and disposal system that requires repairs or
  537  modifications.
  538         d. A projection of the revenues that may be generated and
  539  those expenses that may be needed to administer an inspection
  540  program. These projections are to be based on an inspection fee
  541  that will cover the full costs of the proposed program.
  542         (3) It is the intent of the Legislature that revenues
  543  derived from an inspection program be used to fund the
  544  administrative costs of the program and the remaining revenues
  545  be used to fund the grant program created pursuant to s.
  546  369.407.
  547         Section 5. Paragraph (m) is added to subsection (9) of
  548  section 259.105, Florida Statutes, to read:
  549         259.105 The Florida Forever Act.—
  550         (9) The Acquisition and Restoration Council shall recommend
  551  rules for adoption by the board of trustees to competitively
  552  evaluate, select, and rank projects eligible for Florida Forever
  553  funds pursuant to paragraph (3)(b) and for additions to the
  554  Conservation and Recreation Lands list pursuant to ss. 259.032
  555  and 259.101(4). In developing these proposed rules, the
  556  Acquisition and Restoration Council shall give weight to the
  557  following criteria:
  558         (m)Any part of the project area falls within a springs
  559  protection zone as defined by ss. 369.401-369.407.
  560         Section 6. Section 403.9335, Florida Statutes, is created
  561  to read:
  562         403.9335Protection of urban and residential environments
  563  and water.—
  564         (1)The Legislature finds that the implementation of the
  565  department’s Model Ordinance for Florida-Friendly Fertilizer Use
  566  on Urban Landscapes located in the Florida-Friendly Landscape
  567  Guidance Models for Ordinances, Covenants, and Restrictions
  568  (2009) manual, which was developed consistent with the
  569  recommendations of the Florida Consumer Fertilizer Task Force,
  570  in concert with the provisions of the Labeling Requirements for
  571  Urban Turf Fertilizers found in chapter 5E-1 Florida
  572  Administrative Code, will assist in protecting the quality of
  573  Florida’s surface water and groundwater resources. The
  574  Legislature further finds that local circumstances, including
  575  the varying types and conditions of water bodies, site-specific
  576  soils and geology, and urban or rural densities and
  577  characteristics, necessitates that additional or more stringent
  578  fertilizer-management practices may be needed at the local
  579  government level.
  580         (2)All county and municipal governments are encouraged to
  581  adopt and enforce the provisions in the department’s Model
  582  Ordinance for Florida-Friendly Fertilizer Use on Urban
  583  Landscapes as a mechanism for better protecting local surface
  584  water and groundwater quality.
  585         (3)Each county and municipal government located within the
  586  watershed of a water body or water segment that is listed by the
  587  department as impaired by nutrients pursuant to s. 403.067, or
  588  designated as a spring protection zone pursuant to 369.404,
  589  shall adopt, at a minimum, the provisions of the department’s
  590  Model Ordinance for Florida-Friendly Fertilizer Use on Urban
  591  Landscapes. A county or municipal government may adopt
  592  additional or more stringent provisions than the model ordinance
  593  if the following criteria are met:
  594         (a)The county or municipal government has demonstrated, as
  595  part of a comprehensive program to address nonpoint sources of
  596  nutrient pollution which is science-based, economically and
  597  technically feasible, that additional or more stringent
  598  provisions to the model ordinance are necessary to adequately
  599  address urban fertilizer contributions to nonpoint source
  600  nutrient loading to a water body.
  601         (b)The county or municipal government documents
  602  consideration of all relevant scientific information including
  603  input from the department, the Department of Agriculture and
  604  Consumer Services and the University of Florida Institute of
  605  Food and Agricultural Sciences, if provided, on the need for
  606  additional or more stringent provisions to address fertilizer
  607  use as a contributor to water quality degradation. All
  608  documentation shall be made part of the public record prior to
  609  adoption of the additional or more stringent criteria.
  610         (4)Any county or municipal government that has adopted its
  611  own fertilizer use ordinance before January 1, 2009, is exempt
  612  from the provisions of this section. Ordinances adopted or
  613  amended after January 1, 2009, shall adopt the provisions in the
  614  most recent version of the model fertilizer ordinance and shall
  615  be subject to the criteria described in subsections (1) and (2)
  616  above.
  617         (5)Nothing herein shall be construed to regulate the use
  618  of fertilizer on farm operations as defined in s. 823.14 or on
  619  lands classified as agricultural lands pursuant to s. 193.461.
  620         Section 7. Section 403.9337, Florida Statutes, is created
  621  to read:
  622         403.9337Urban turf fertilizers.—
  623         (1)As used in this section, the term:
  624         (a)“No-phosphate fertilizer” or “no-phosphorus fertilizer”
  625  means fertilizer that contains less than 0.5 percent phosphate
  626  by weight.
  627         (b)“Urban turf” means noncropland planted, mowed, and
  628  managed grasses, including, but not limited to, residential
  629  lawns; turf on commercial property; filter strips; and turf on
  630  property owned by federal, state, or local governments and other
  631  public lands, including roadways, roadsides, parks, campsites,
  632  recreation areas, school grounds, and other public grounds. The
  633  term does not include pastures, hay production and grazing land,
  634  turf grown on sod farms, or any other form of agricultural
  635  production; golf courses or sports turf fields; or garden
  636  fruits, flowers, or vegetables.
  637         (c)“Soil test” means a test performed on soil planted or
  638  sodded, or that will be planted or sodded, by a laboratory
  639  approved by the Department of Agriculture and Consumer Services
  640  and performed within the last 2 years to indicate if the level
  641  of available phosphorus in the soil is sufficient to support
  642  healthy turf growth.
  643         (d)“Tissue test” means a test performed on plant tissue
  644  growing in the soil planted or sodded, or that will be planted
  645  or sodded, by a laboratory approved by the Department of
  646  Agriculture and Consumer Services and performed within the last
  647  2 years to indicate if the level of available phosphorus in the
  648  soil is sufficient to support healthy turf.
  649         (2)Other than no-phosphate and no-phosphorus fertilizers,
  650  fertilizer containing phosphorus may not be applied to urban
  651  turf anywhere in this state on or after July 1, 2011, unless a
  652  soil or tissue test that is conducted pursuant to a method
  653  approved by the Department of Agriculture and Consumer Services
  654  indicates:
  655         (a)For turf that is being initially established by seed or
  656  sod, the level of available phosphorus is insufficient to
  657  establish new turf growth and a root system. However, during the
  658  first year, a one-time application only of up to 1 pound of
  659  phosphate per 1,000 square feet of area may be applied.
  660         (b)For established turf, the level of available phosphorus
  661  is insufficient to support healthy turf growth. However, no more
  662  than 0.25 pound of phosphate per 1,000 square feet of area per
  663  each application may be applied, not to exceed 0.5 pound of
  664  phosphate per 1,000 square feet of area per year.
  665         Section 8. Effective July 1, 2010, all of the powers,
  666  duties, functions, records, personnel, and property; unexpended
  667  balances of appropriations, allocations, and other funds;
  668  administrative authority; administrative rules; pending issues;
  669  and existing contracts of the Bureau of Onsite Sewage Programs
  670  in the Department of Health, as authorized and governed by ss.
  671  20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
  672  381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
  673  a type II transfer, pursuant to s. 20.06(2), to the Florida
  674  Department of Environmental Protection. In addition all existing
  675  powers, duties, functions, records, personnel, and property;
  676  unexpended balances of appropriations, allocations, and other
  677  funds; administrative authority; administrative rules; pending
  678  issues; and existing contracts associated with county health
  679  departments’ onsite sewage programs are transferred to the
  680  Department of Environmental Protection. The Department of
  681  Environmental Protection in cooperation with the Department of
  682  Health must develop a plan to implement the type II transfer and
  683  deliver the proposal to the Governor, the President of the
  684  Senate and the Speaker of the House of Representatives by
  685  January 15, 2010.
  686         Section 9. Subsection (6) of section 369.317, Florida
  687  Statutes, is amended to read:
  688         369.317 Wekiva Parkway.—
  689         (6) The Orlando-Orange County Expressway Authority is
  690  hereby granted the authority to act as a third-party acquisition
  691  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
  692  or chapter 373 on behalf of the governing board of the St. Johns
  693  River Water Management District, for the acquisition of all
  694  necessary lands, property and all interests in property
  695  identified herein, including fee simple or less-than-fee simple
  696  interests. The lands subject to this authority are identified in
  697  paragraph 10.a., State of Florida, Office of the Governor,
  698  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
  699  of the Wekiva Basin Area Task Force created by Executive Order
  700  2002-259, such lands otherwise known as Neighborhood Lakes, a
  701  1,587+/- acre parcel located in Orange and Lake Counties within
  702  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
  703  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
  704  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
  705  County within Section 37, Township 19 South, Range 28 East; New
  706  Garden Coal; a 1,605+/- acre parcel in Lake County within
  707  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
  708  East; Pine Plantation, a 617+/- acre tract consisting of eight
  709  individual parcels within the Apopka City limits. The Department
  710  of Transportation, the Department of Environmental Protection,
  711  the St. Johns River Water Management District, and other land
  712  acquisition entities shall participate and cooperate in
  713  providing information and support to the third-party acquisition
  714  agent. The land acquisition process authorized by this paragraph
  715  shall begin no later than December 31, 2004. Acquisition of the
  716  properties identified as Neighborhood Lakes, Pine Plantation,
  717  and New Garden Coal, or approval as a mitigation bank shall be
  718  concluded no later than December 31, 2010. Department of
  719  Transportation and Orlando-Orange County Expressway Authority
  720  funds expended to purchase an interest in those lands identified
  721  in this subsection shall be eligible as environmental mitigation
  722  for road construction related impacts in the Wekiva Study Area.
  723  If any of the lands identified in this subsection are used as
  724  environmental mitigation for road construction related impacts
  725  incurred by the Department of Transportation or Orlando-Orange
  726  County Expressway Authority, or for other impacts incurred by
  727  other entities, within the Wekiva Study Area or within the
  728  Wekiva parkway alignment corridor, and if the mitigation offsets
  729  these impacts, then the St. Johns River Water Management
  730  District and the Department of Environmental Protection shall
  731  consider the activity regulated under part IV of chapter 373 to
  732  meet the cumulative impact requirements of s. 373.414(8)(a).
  733         Section 10. (1)A task force is established to develop
  734  legislative recommendations relating to stormwater management
  735  system design in the state. The task force shall:
  736         (a)Review the Joint Professional Engineers and Landscape
  737  Architecture Committee Report conducted pursuant to s. 17,
  738  chapter 88-347, Laws of Florida, and determine the current
  739  validity of the report and the need to revise any of the
  740  conclusions or recommendations.
  741         (b)Determine how a licensed and registered professional
  742  might demonstrate competency for stormwater management system
  743  design.
  744         (c)Determine how the Board of Professional Engineers and
  745  the Board of Landscape Architecture might administer
  746  certification tests or continuing education requirements for
  747  stormwater management system design.
  748         (d)Provide recommendations for grandfathering the rights
  749  of licensed professionals who currently practice stormwater
  750  management design in a manner that will allow them to continue
  751  to practice without meeting any new requirements the task force
  752  recommends be placed on licensed professionals in the future.
  753         (2)(a)The Board of Landscape Architecture, the Board of
  754  Professional Engineers, the Florida Engineering Society, the
  755  Florida Chapter of the American Society of Landscape Architects,
  756  the Secretary of Environmental Protection, and the Secretary of
  757  Transportation shall each appoint one member to the task force.
  758         (b)Members of the task force may not be reimbursed for
  759  travel, per diem, or any other costs associated with serving on
  760  the task force.
  761         (c)The task force shall meet a minimum of four times
  762  either in person or via teleconference; however, a minimum of
  763  two meetings shall be public hearings with testimony.
  764         (d)The task force shall expire on November 1, 2009.
  765         (3)The task force shall provide its findings and
  766  legislative recommendations to the President of the Senate and
  767  the Speaker of the House of Representatives by November 1, 2009.
  768         Section 11. Except as otherwise expressly provided in this
  769  act, this act shall take effect July 1, 2009.