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:
69 369.401 Short title.—This part may be cited as the “Florida
70 Springs Protection Act.”
71 369.402 Legislative 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.
95 369.403 Definitions.—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.
145 369.404 Designation 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.
195 369.405 Requirements 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.
265 369.406 Additional 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.
375 369.407 Florida 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.
422 369.408 Rules.—
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:
562 403.9335 Protection 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:
622 403.9337 Urban 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.