Florida Senate - 2017                                    SB 1378
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00687A-17                                           20171378__
    1                        A bill to be entitled                      
    2         An act relating to stormwater management; amending s.
    3         403.0891, F.S.; requiring that all local government
    4         stormwater management plans and programs incorporate
    5         the best management practices adopted by the
    6         Department of Environmental Protection and other local
    7         stormwater management measures; specifying that
    8         applications for development approval which implement
    9         the best practices are presumed to be in compliance
   10         with certain local government water quality standards;
   11         prohibiting local governments from adopting or
   12         enforcing more stringent water quality standards for
   13         stormwater discharges to surface waters, wetlands, or
   14         groundwater; exempting local governments that adopted
   15         more stringent standards before a specified date;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 403.0891, Florida
   21  Statutes, is amended to read:
   22         403.0891 State, regional, and local stormwater management
   23  plans and programs.—The department, the water management
   24  districts, and local governments shall have the responsibility
   25  for the development of mutually compatible stormwater management
   26  programs.
   27         (3)(a) Each local government required by chapter 163 to
   28  submit a comprehensive plan, whose plan is submitted after July
   29  1, 1992, and the others when updated after July 1, 1992, in the
   30  development of its stormwater management program described by
   31  elements within its comprehensive plan shall consider the water
   32  resource implementation rule, district stormwater management
   33  goals, plans approved pursuant to the Surface Water Improvement
   34  and Management Act, ss. 373.451-373.4595, and technical
   35  assistance information provided by the water management
   36  districts pursuant to s. 373.711. All local government
   37  stormwater management plans and programs, including, but not
   38  limited to, those adopted by local law, must include the best
   39  management practices adopted by the department pursuant to s.
   40  403.067(7)(c) and any other local stormwater management measures
   41  adopted by rule pursuant to this chapter.
   42         (b) Any application submitted by a developer that
   43  implements the best management practices adopted by the
   44  department is presumed to be in compliance with local government
   45  water quality standards governing indirect or direct stormwater
   46  discharges to surface waters, wetlands, or groundwater.
   47  “Developer” has the same meaning as provided in s. 163.3164 and
   48  “development” has the same meaning as provided in s. 380.04.
   49         (c) A county, municipality, or political subdivision may
   50  not adopt or enforce any local law requiring more stringent
   51  water quality standards for stormwater discharges to surface
   52  waters, wetlands, or groundwater than the water quality
   53  standards established pursuant to this chapter. This paragraph
   54  applies to any county, municipality, or political subdivision
   55  that has not adopted, by January 1, 2017, more stringent water
   56  quality standards for stormwater discharges to surface waters,
   57  wetlands, or groundwater than the water quality standards
   58  established pursuant to this chapter.
   59         (d)(b) In addition to the requirements of paragraph (a),
   60  local governments are encouraged to consult with the water
   61  management districts, the Department of Transportation, and the
   62  department before adopting or updating their local government
   63  comprehensive plan or public facilities report as required by s.
   64  189.08, whichever is applicable.
   65         Section 2. This act shall take effect July 1, 2017.