Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 712
       
       
       
       
       
       
                                Ì216160tÎ216160                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2020           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Mayfield) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 506 - 2542
    4  and insert:
    5  consider conventional and enhanced nutrient-reducing onsite
    6  sewage treatment and disposal system designs, impaired or
    7  degraded water bodies, domestic wastewater and drinking water
    8  infrastructure, potable water sources, nonpotable wells,
    9  stormwater infrastructure, the onsite sewage treatment and
   10  disposal system remediation plans developed pursuant to s.
   11  403.067(7)(a)9.b., nutrient pollution, and the recommendations
   12  of the onsite sewage treatment and disposal systems technical
   13  advisory committee established pursuant to s. 381.00652.
   14         (f)(e) Onsite sewage treatment and disposal systems that
   15  are permitted before adoption of the rules identified in
   16  paragraph (e) may must not be placed closer than:
   17         1. Seventy-five feet from a private potable well.
   18         2. Two hundred feet from a public potable well serving a
   19  residential or nonresidential establishment having a total
   20  sewage flow of greater than 2,000 gallons per day.
   21         3. One hundred feet from a public potable well serving a
   22  residential or nonresidential establishment having a total
   23  sewage flow of less than or equal to 2,000 gallons per day.
   24         4. Fifty feet from any nonpotable well.
   25         5. Ten feet from any storm sewer pipe, to the maximum
   26  extent possible, but in no instance shall the setback be less
   27  than 5 feet.
   28         6. Seventy-five feet from the mean high-water line of a
   29  tidally influenced surface water body.
   30         7. Seventy-five feet from the mean annual flood line of a
   31  permanent nontidal surface water body.
   32         8. Fifteen feet from the design high-water line of
   33  retention areas, detention areas, or swales designed to contain
   34  standing or flowing water for less than 72 hours after a
   35  rainfall or the design high-water level of normally dry drainage
   36  ditches or normally dry individual lot stormwater retention
   37  areas.
   38         (f) Except as provided under paragraphs (e) and (t), no
   39  limitations shall be imposed by rule, relating to the distance
   40  between an onsite disposal system and any area that either
   41  permanently or temporarily has visible surface water.
   42         (g) All provisions of this section and rules adopted under
   43  this section relating to soil condition, water table elevation,
   44  distance, and other setback requirements must be equally applied
   45  to all lots, with the following exceptions:
   46         1. Any residential lot that was platted and recorded on or
   47  after January 1, 1972, or that is part of a residential
   48  subdivision that was approved by the appropriate permitting
   49  agency on or after January 1, 1972, and that was eligible for an
   50  onsite sewage treatment and disposal system construction permit
   51  on the date of such platting and recording or approval shall be
   52  eligible for an onsite sewage treatment and disposal system
   53  construction permit, regardless of when the application for a
   54  permit is made. If rules in effect at the time the permit
   55  application is filed cannot be met, residential lots platted and
   56  recorded or approved on or after January 1, 1972, shall, to the
   57  maximum extent possible, comply with the rules in effect at the
   58  time the permit application is filed. At a minimum, however,
   59  those residential lots platted and recorded or approved on or
   60  after January 1, 1972, but before January 1, 1983, shall comply
   61  with those rules in effect on January 1, 1983, and those
   62  residential lots platted and recorded or approved on or after
   63  January 1, 1983, shall comply with those rules in effect at the
   64  time of such platting and recording or approval. In determining
   65  the maximum extent of compliance with current rules that is
   66  possible, the department shall allow structures and
   67  appurtenances thereto which were authorized at the time such
   68  lots were platted and recorded or approved.
   69         2. Lots platted before 1972 are subject to a 50-foot
   70  minimum surface water setback and are not subject to lot size
   71  requirements. The projected daily flow for onsite sewage
   72  treatment and disposal systems for lots platted before 1972 may
   73  not exceed:
   74         a. Two thousand five hundred gallons per acre per day for
   75  lots served by public water systems as defined in s. 403.852.
   76         b. One thousand five hundred gallons per acre per day for
   77  lots served by water systems regulated under s. 381.0062.
   78         (h)1. The department may grant variances in hardship cases
   79  which may be less restrictive than the provisions specified in
   80  this section. If a variance is granted and the onsite sewage
   81  treatment and disposal system construction permit has been
   82  issued, the variance may be transferred with the system
   83  construction permit, if the transferee files, within 60 days
   84  after the transfer of ownership, an amended construction permit
   85  application providing all corrected information and proof of
   86  ownership of the property and if the same variance would have
   87  been required for the new owner of the property as was
   88  originally granted to the original applicant for the variance.
   89  There is no fee associated with the processing of this
   90  supplemental information. A variance may not be granted under
   91  this section until the department is satisfied that:
   92         a. The hardship was not caused intentionally by the action
   93  of the applicant;
   94         b. No reasonable alternative, taking into consideration
   95  factors such as cost, exists for the treatment of the sewage;
   96  and
   97         c. The discharge from the onsite sewage treatment and
   98  disposal system will not adversely affect the health of the
   99  applicant or the public or significantly degrade the groundwater
  100  or surface waters.
  101  
  102  Where soil conditions, water table elevation, and setback
  103  provisions are determined by the department to be satisfactory,
  104  special consideration must be given to those lots platted before
  105  1972.
  106         2. The department shall appoint and staff a variance review
  107  and advisory committee, which shall meet monthly to recommend
  108  agency action on variance requests. The committee shall make its
  109  recommendations on variance requests at the meeting in which the
  110  application is scheduled for consideration, except for an
  111  extraordinary change in circumstances, the receipt of new
  112  information that raises new issues, or when the applicant
  113  requests an extension. The committee shall consider the criteria
  114  in subparagraph 1. in its recommended agency action on variance
  115  requests and shall also strive to allow property owners the full
  116  use of their land where possible. The committee consists of the
  117  following:
  118         a. The Secretary of Environmental Protection State Surgeon
  119  General or his or her designee.
  120         b. A representative from the county health departments.
  121         c. A representative from the home building industry
  122  recommended by the Florida Home Builders Association.
  123         d. A representative from the septic tank industry
  124  recommended by the Florida Onsite Wastewater Association.
  125         e. A representative from the Department of Health
  126  Environmental Protection.
  127         f. A representative from the real estate industry who is
  128  also a developer in this state who develops lots using onsite
  129  sewage treatment and disposal systems, recommended by the
  130  Florida Association of Realtors.
  131         g. A representative from the engineering profession
  132  recommended by the Florida Engineering Society.
  133  
  134  Members shall be appointed for a term of 3 years, with such
  135  appointments being staggered so that the terms of no more than
  136  two members expire in any one year. Members shall serve without
  137  remuneration, but if requested, shall be reimbursed for per diem
  138  and travel expenses as provided in s. 112.061.
  139         (i) A construction permit may not be issued for an onsite
  140  sewage treatment and disposal system in any area zoned or used
  141  for industrial or manufacturing purposes, or its equivalent,
  142  where a publicly owned or investor-owned sewage treatment system
  143  is available, or where a likelihood exists that the system will
  144  receive toxic, hazardous, or industrial waste. An existing
  145  onsite sewage treatment and disposal system may be repaired if a
  146  publicly owned or investor-owned sewerage system is not
  147  available within 500 feet of the building sewer stub-out and if
  148  system construction and operation standards can be met. This
  149  paragraph does not require publicly owned or investor-owned
  150  sewerage treatment systems to accept anything other than
  151  domestic wastewater.
  152         1. A building located in an area zoned or used for
  153  industrial or manufacturing purposes, or its equivalent, when
  154  such building is served by an onsite sewage treatment and
  155  disposal system, must not be occupied until the owner or tenant
  156  has obtained written approval from the department. The
  157  department may shall not grant approval when the proposed use of
  158  the system is to dispose of toxic, hazardous, or industrial
  159  wastewater or toxic or hazardous chemicals.
  160         2. Each person who owns or operates a business or facility
  161  in an area zoned or used for industrial or manufacturing
  162  purposes, or its equivalent, or who owns or operates a business
  163  that has the potential to generate toxic, hazardous, or
  164  industrial wastewater or toxic or hazardous chemicals, and uses
  165  an onsite sewage treatment and disposal system that is installed
  166  on or after July 5, 1989, must obtain an annual system operating
  167  permit from the department. A person who owns or operates a
  168  business that uses an onsite sewage treatment and disposal
  169  system that was installed and approved before July 5, 1989, need
  170  not obtain a system operating permit. However, upon change of
  171  ownership or tenancy, the new owner or operator must notify the
  172  department of the change, and the new owner or operator must
  173  obtain an annual system operating permit, regardless of the date
  174  that the system was installed or approved.
  175         3. The department shall periodically review and evaluate
  176  the continued use of onsite sewage treatment and disposal
  177  systems in areas zoned or used for industrial or manufacturing
  178  purposes, or its equivalent, and may require the collection and
  179  analyses of samples from within and around such systems. If the
  180  department finds that toxic or hazardous chemicals or toxic,
  181  hazardous, or industrial wastewater have been or are being
  182  disposed of through an onsite sewage treatment and disposal
  183  system, the department shall initiate enforcement actions
  184  against the owner or tenant to ensure adequate cleanup,
  185  treatment, and disposal.
  186         (j) An onsite sewage treatment and disposal system designed
  187  by a professional engineer registered in the state and certified
  188  by such engineer as complying with performance criteria adopted
  189  by the department must be approved by the department subject to
  190  the following:
  191         1. The performance criteria applicable to engineer-designed
  192  systems must be limited to those necessary to ensure that such
  193  systems do not adversely affect the public health or
  194  significantly degrade the groundwater or surface water. Such
  195  performance criteria shall include consideration of the quality
  196  of system effluent, the proposed total sewage flow per acre,
  197  wastewater treatment capabilities of the natural or replaced
  198  soil, water quality classification of the potential surface
  199  water-receiving body, and the structural and maintenance
  200  viability of the system for the treatment of domestic
  201  wastewater. However, performance criteria shall address only the
  202  performance of a system and not a system’s design.
  203         2. A person electing to utilize an engineer-designed system
  204  shall, upon completion of the system design, submit such design,
  205  certified by a registered professional engineer, to the county
  206  health department. The county health department may utilize an
  207  outside consultant to review the engineer-designed system, with
  208  the actual cost of such review to be borne by the applicant.
  209  Within 5 working days after receiving an engineer-designed
  210  system permit application, the county health department shall
  211  request additional information if the application is not
  212  complete. Within 15 working days after receiving a complete
  213  application for an engineer-designed system, the county health
  214  department either shall issue the permit or, if it determines
  215  that the system does not comply with the performance criteria,
  216  shall notify the applicant of that determination and refer the
  217  application to the department for a determination as to whether
  218  the system should be approved, disapproved, or approved with
  219  modification. The department engineer’s determination shall
  220  prevail over the action of the county health department. The
  221  applicant shall be notified in writing of the department’s
  222  determination and of the applicant’s rights to pursue a variance
  223  or seek review under the provisions of chapter 120.
  224         3. The owner of an engineer-designed performance-based
  225  system must maintain a current maintenance service agreement
  226  with a maintenance entity permitted by the department. The
  227  maintenance entity shall inspect each system at least twice each
  228  year and shall report quarterly to the department on the number
  229  of systems inspected and serviced. The reports may be submitted
  230  electronically.
  231         4. The property owner of an owner-occupied, single-family
  232  residence may be approved and permitted by the department as a
  233  maintenance entity for his or her own performance-based
  234  treatment system upon written certification from the system
  235  manufacturer’s approved representative that the property owner
  236  has received training on the proper installation and service of
  237  the system. The maintenance service agreement must conspicuously
  238  disclose that the property owner has the right to maintain his
  239  or her own system and is exempt from contractor registration
  240  requirements for performing construction, maintenance, or
  241  repairs on the system but is subject to all permitting
  242  requirements.
  243         5. The property owner shall obtain a biennial system
  244  operating permit from the department for each system. The
  245  department shall inspect the system at least annually, or on
  246  such periodic basis as the fee collected permits, and may
  247  collect system-effluent samples if appropriate to determine
  248  compliance with the performance criteria. The fee for the
  249  biennial operating permit shall be collected beginning with the
  250  second year of system operation.
  251         6. If an engineer-designed system fails to properly
  252  function or fails to meet performance standards, the system
  253  shall be re-engineered, if necessary, to bring the system into
  254  compliance with the provisions of this section.
  255         (k) An innovative system may be approved in conjunction
  256  with an engineer-designed site-specific system which is
  257  certified by the engineer to meet the performance-based criteria
  258  adopted by the department.
  259         (l) For the Florida Keys, the department shall adopt a
  260  special rule for the construction, installation, modification,
  261  operation, repair, maintenance, and performance of onsite sewage
  262  treatment and disposal systems which considers the unique soil
  263  conditions and water table elevations, densities, and setback
  264  requirements. On lots where a setback distance of 75 feet from
  265  surface waters, saltmarsh, and buttonwood association habitat
  266  areas cannot be met, an injection well, approved and permitted
  267  by the department, may be used for disposal of effluent from
  268  onsite sewage treatment and disposal systems. The following
  269  additional requirements apply to onsite sewage treatment and
  270  disposal systems in Monroe County:
  271         1. The county, each municipality, and those special
  272  districts established for the purpose of the collection,
  273  transmission, treatment, or disposal of sewage shall ensure, in
  274  accordance with the specific schedules adopted by the
  275  Administration Commission under s. 380.0552, the completion of
  276  onsite sewage treatment and disposal system upgrades to meet the
  277  requirements of this paragraph.
  278         2. Onsite sewage treatment and disposal systems must cease
  279  discharge by December 31, 2015, or must comply with department
  280  rules and provide the level of treatment which, on a permitted
  281  annual average basis, produces an effluent that contains no more
  282  than the following concentrations:
  283         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  284         b. Suspended Solids of 10 mg/l.
  285         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  286  reduction in nitrogen of at least 70 percent. A system that has
  287  been tested and certified to reduce nitrogen concentrations by
  288  at least 70 percent shall be deemed to be in compliance with
  289  this standard.
  290         d. Total Phosphorus, expressed as P, of 1 mg/l.
  291  
  292  In addition, onsite sewage treatment and disposal systems
  293  discharging to an injection well must provide basic disinfection
  294  as defined by department rule.
  295         3. In areas not scheduled to be served by a central sewer,
  296  onsite sewage treatment and disposal systems must, by December
  297  31, 2015, comply with department rules and provide the level of
  298  treatment described in subparagraph 2.
  299         4. In areas scheduled to be served by central sewer by
  300  December 31, 2015, if the property owner has paid a connection
  301  fee or assessment for connection to the central sewer system,
  302  the property owner may install a holding tank with a high water
  303  alarm or an onsite sewage treatment and disposal system that
  304  meets the following minimum standards:
  305         a. The existing tanks must be pumped and inspected and
  306  certified as being watertight and free of defects in accordance
  307  with department rule; and
  308         b. A sand-lined drainfield or injection well in accordance
  309  with department rule must be installed.
  310         5. Onsite sewage treatment and disposal systems must be
  311  monitored for total nitrogen and total phosphorus concentrations
  312  as required by department rule.
  313         6. The department shall enforce proper installation,
  314  operation, and maintenance of onsite sewage treatment and
  315  disposal systems pursuant to this chapter, including ensuring
  316  that the appropriate level of treatment described in
  317  subparagraph 2. is met.
  318         7. The authority of a local government, including a special
  319  district, to mandate connection of an onsite sewage treatment
  320  and disposal system is governed by s. 4, chapter 99-395, Laws of
  321  Florida.
  322         8. Notwithstanding any other provision of law, an onsite
  323  sewage treatment and disposal system installed after July 1,
  324  2010, in unincorporated Monroe County, excluding special
  325  wastewater districts, that complies with the standards in
  326  subparagraph 2. is not required to connect to a central sewer
  327  system until December 31, 2020.
  328         (m) No product sold in the state for use in onsite sewage
  329  treatment and disposal systems may contain any substance in
  330  concentrations or amounts that would interfere with or prevent
  331  the successful operation of such system, or that would cause
  332  discharges from such systems to violate applicable water quality
  333  standards. The department shall publish criteria for products
  334  known or expected to meet the conditions of this paragraph. In
  335  the event a product does not meet such criteria, such product
  336  may be sold if the manufacturer satisfactorily demonstrates to
  337  the department that the conditions of this paragraph are met.
  338         (n) Evaluations for determining the seasonal high-water
  339  table elevations or the suitability of soils for the use of a
  340  new onsite sewage treatment and disposal system shall be
  341  performed by department personnel, professional engineers
  342  registered in the state, or such other persons with expertise,
  343  as defined by rule, in making such evaluations. Evaluations for
  344  determining mean annual flood lines shall be performed by those
  345  persons identified in paragraph (2)(k) (2)(j). The department
  346  shall accept evaluations submitted by professional engineers and
  347  such other persons as meet the expertise established by this
  348  section or by rule unless the department has a reasonable
  349  scientific basis for questioning the accuracy or completeness of
  350  the evaluation.
  351         (o) The department shall appoint a research review and
  352  advisory committee, which shall meet at least semiannually. The
  353  committee shall advise the department on directions for new
  354  research, review and rank proposals for research contracts, and
  355  review draft research reports and make comments. The committee
  356  is comprised of:
  357         1. A representative of the Secretary of Environmental
  358  Protection State Surgeon General, or his or her designee.
  359         2. A representative from the septic tank industry.
  360         3. A representative from the home building industry.
  361         4. A representative from an environmental interest group.
  362         5. A representative from the State University System, from
  363  a department knowledgeable about onsite sewage treatment and
  364  disposal systems.
  365         6. A professional engineer registered in this state who has
  366  work experience in onsite sewage treatment and disposal systems.
  367         7. A representative from local government who is
  368  knowledgeable about domestic wastewater treatment.
  369         8. A representative from the real estate profession.
  370         9. A representative from the restaurant industry.
  371         10. A consumer.
  372  
  373  Members shall be appointed for a term of 3 years, with the
  374  appointments being staggered so that the terms of no more than
  375  four members expire in any one year. Members shall serve without
  376  remuneration, but are entitled to reimbursement for per diem and
  377  travel expenses as provided in s. 112.061.
  378         (p) An application for an onsite sewage treatment and
  379  disposal system permit shall be completed in full, signed by the
  380  owner or the owner’s authorized representative, or by a
  381  contractor licensed under chapter 489, and shall be accompanied
  382  by all required exhibits and fees. No specific documentation of
  383  property ownership shall be required as a prerequisite to the
  384  review of an application or the issuance of a permit. The
  385  issuance of a permit does not constitute determination by the
  386  department of property ownership.
  387         (q) The department may not require any form of subdivision
  388  analysis of property by an owner, developer, or subdivider prior
  389  to submission of an application for an onsite sewage treatment
  390  and disposal system.
  391         (r) Nothing in this section limits the power of a
  392  municipality or county to enforce other laws for the protection
  393  of the public health and safety.
  394         (s) In the siting of onsite sewage treatment and disposal
  395  systems, including drainfields, shoulders, and slopes, guttering
  396  may shall not be required on single-family residential dwelling
  397  units for systems located greater than 5 feet from the roof drip
  398  line of the house. If guttering is used on residential dwelling
  399  units, the downspouts shall be directed away from the
  400  drainfield.
  401         (t) Notwithstanding the provisions of subparagraph (g)1.,
  402  onsite sewage treatment and disposal systems located in
  403  floodways of the Suwannee and Aucilla Rivers must adhere to the
  404  following requirements:
  405         1. The absorption surface of the drainfield may shall not
  406  be subject to flooding based on 10-year flood elevations.
  407  Provided, however, for lots or parcels created by the
  408  subdivision of land in accordance with applicable local
  409  government regulations prior to January 17, 1990, if an
  410  applicant cannot construct a drainfield system with the
  411  absorption surface of the drainfield at an elevation equal to or
  412  above 10-year flood elevation, the department shall issue a
  413  permit for an onsite sewage treatment and disposal system within
  414  the 10-year floodplain of rivers, streams, and other bodies of
  415  flowing water if all of the following criteria are met:
  416         a. The lot is at least one-half acre in size;
  417         b. The bottom of the drainfield is at least 36 inches above
  418  the 2-year flood elevation; and
  419         c. The applicant installs either: a waterless,
  420  incinerating, or organic waste composting toilet and a graywater
  421  system and drainfield in accordance with department rules; an
  422  aerobic treatment unit and drainfield in accordance with
  423  department rules; a system approved by the State Health Office
  424  that is capable of reducing effluent nitrate by at least 50
  425  percent in accordance with department rules; or a system other
  426  than a system using alternative drainfield materials in
  427  accordance with department rules approved by the county health
  428  department pursuant to department rule other than a system using
  429  alternative drainfield materials. The United States Department
  430  of Agriculture Soil Conservation Service soil maps, State of
  431  Florida Water Management District data, and Federal Emergency
  432  Management Agency Flood Insurance maps are resources that shall
  433  be used to identify flood-prone areas.
  434         2. The use of fill or mounding to elevate a drainfield
  435  system out of the 10-year floodplain of rivers, streams, or
  436  other bodies of flowing water may shall not be permitted if such
  437  a system lies within a regulatory floodway of the Suwannee and
  438  Aucilla Rivers. In cases where the 10-year flood elevation does
  439  not coincide with the boundaries of the regulatory floodway, the
  440  regulatory floodway will be considered for the purposes of this
  441  subsection to extend at a minimum to the 10-year flood
  442  elevation.
  443         (u)1. The owner of an aerobic treatment unit system shall
  444  maintain a current maintenance service agreement with an aerobic
  445  treatment unit maintenance entity permitted by the department.
  446  The maintenance entity shall inspect each aerobic treatment unit
  447  system at least twice each year and shall report quarterly to
  448  the department on the number of aerobic treatment unit systems
  449  inspected and serviced. The reports may be submitted
  450  electronically.
  451         2. The property owner of an owner-occupied, single-family
  452  residence may be approved and permitted by the department as a
  453  maintenance entity for his or her own aerobic treatment unit
  454  system upon written certification from the system manufacturer’s
  455  approved representative that the property owner has received
  456  training on the proper installation and service of the system.
  457  The maintenance entity service agreement must conspicuously
  458  disclose that the property owner has the right to maintain his
  459  or her own system and is exempt from contractor registration
  460  requirements for performing construction, maintenance, or
  461  repairs on the system but is subject to all permitting
  462  requirements.
  463         3. A septic tank contractor licensed under part III of
  464  chapter 489, if approved by the manufacturer, may not be denied
  465  access by the manufacturer to aerobic treatment unit system
  466  training or spare parts for maintenance entities. After the
  467  original warranty period, component parts for an aerobic
  468  treatment unit system may be replaced with parts that meet
  469  manufacturer’s specifications but are manufactured by others.
  470  The maintenance entity shall maintain documentation of the
  471  substitute part’s equivalency for 2 years and shall provide such
  472  documentation to the department upon request.
  473         4. The owner of an aerobic treatment unit system shall
  474  obtain a system operating permit from the department and allow
  475  the department to inspect during reasonable hours each aerobic
  476  treatment unit system at least annually, and such inspection may
  477  include collection and analysis of system-effluent samples for
  478  performance criteria established by rule of the department.
  479         (v) The department may require the submission of detailed
  480  system construction plans that are prepared by a professional
  481  engineer registered in this state. The department shall
  482  establish by rule criteria for determining when such a
  483  submission is required.
  484         (w) Any permit issued and approved by the department for
  485  the installation, modification, or repair of an onsite sewage
  486  treatment and disposal system shall transfer with the title to
  487  the property in a real estate transaction. A title may not be
  488  encumbered at the time of transfer by new permit requirements by
  489  a governmental entity for an onsite sewage treatment and
  490  disposal system which differ from the permitting requirements in
  491  effect at the time the system was permitted, modified, or
  492  repaired. An inspection of a system may not be mandated by a
  493  governmental entity at the point of sale in a real estate
  494  transaction. This paragraph does not affect a septic tank phase
  495  out deferral program implemented by a consolidated government as
  496  defined in s. 9, Art. VIII of the State Constitution (1885).
  497         (x) A governmental entity, including a municipality,
  498  county, or statutorily created commission, may not require an
  499  engineer-designed performance-based treatment system, excluding
  500  a passive engineer-designed performance-based treatment system,
  501  before the completion of the Florida Onsite Sewage Nitrogen
  502  Reduction Strategies Project. This paragraph does not apply to a
  503  governmental entity, including a municipality, county, or
  504  statutorily created commission, which adopted a local law,
  505  ordinance, or regulation on or before January 31, 2012.
  506  Notwithstanding this paragraph, an engineer-designed
  507  performance-based treatment system may be used to meet the
  508  requirements of the variance review and advisory committee
  509  recommendations.
  510         (y)1. An onsite sewage treatment and disposal system is not
  511  considered abandoned if the system is disconnected from a
  512  structure that was made unusable or destroyed following a
  513  disaster and if the system was properly functioning at the time
  514  of disconnection and was not adversely affected by the disaster.
  515  The onsite sewage treatment and disposal system may be
  516  reconnected to a rebuilt structure if:
  517         a. The reconnection of the system is to the same type of
  518  structure which contains the same number of bedrooms or fewer,
  519  if the square footage of the structure is less than or equal to
  520  110 percent of the original square footage of the structure that
  521  existed before the disaster;
  522         b. The system is not a sanitary nuisance; and
  523         c. The system has not been altered without prior
  524  authorization.
  525         2. An onsite sewage treatment and disposal system that
  526  serves a property that is foreclosed upon is not considered
  527  abandoned.
  528         (z) If an onsite sewage treatment and disposal system
  529  permittee receives, relies upon, and undertakes construction of
  530  a system based upon a validly issued construction permit under
  531  rules applicable at the time of construction but a change to a
  532  rule occurs within 5 years after the approval of the system for
  533  construction but before the final approval of the system, the
  534  rules applicable and in effect at the time of construction
  535  approval apply at the time of final approval if fundamental site
  536  conditions have not changed between the time of construction
  537  approval and final approval.
  538         (aa) An existing-system inspection or evaluation and
  539  assessment, or a modification, replacement, or upgrade of an
  540  onsite sewage treatment and disposal system is not required for
  541  a remodeling addition or modification to a single-family home if
  542  a bedroom is not added. However, a remodeling addition or
  543  modification to a single-family home may not cover any part of
  544  the existing system or encroach upon a required setback or the
  545  unobstructed area. To determine if a setback or the unobstructed
  546  area is impacted, the local health department shall review and
  547  verify a floor plan and site plan of the proposed remodeling
  548  addition or modification to the home submitted by a remodeler
  549  which shows the location of the system, including the distance
  550  of the remodeling addition or modification to the home from the
  551  onsite sewage treatment and disposal system. The local health
  552  department may visit the site or otherwise determine the best
  553  means of verifying the information submitted. A verification of
  554  the location of a system is not an inspection or evaluation and
  555  assessment of the system. The review and verification must be
  556  completed within 7 business days after receipt by the local
  557  health department of a floor plan and site plan. If the review
  558  and verification is not completed within such time, the
  559  remodeling addition or modification to the single-family home,
  560  for the purposes of this paragraph, is approved.
  561         Section 5. Section 381.00652, Florida Statutes, is created
  562  to read:
  563         381.00652 Onsite sewage treatment and disposal systems
  564  technical advisory committee.—
  565         (1)An onsite sewage treatment and disposal systems
  566  technical advisory committee, a committee as defined in s.
  567  20.03(8), is created within the department. The committee shall:
  568         (a)Provide recommendations to increase the availability in
  569  the marketplace of enhanced nutrient-reducing onsite sewage
  570  treatment and disposal systems, including systems that are cost
  571  effective, low-maintenance, and reliable.
  572         (b)Consider and recommend regulatory options, such as
  573  fast-track approval, prequalification, or expedited permitting,
  574  to facilitate the introduction and use of enhanced nutrient
  575  reducing onsite sewage treatment and disposal systems that have
  576  been reviewed and approved by a national agency or organization,
  577  such as the American National Standards Institute 245 systems
  578  approved by the NSF International.
  579         (c)Provide recommendations for appropriate setback
  580  distances for onsite sewage treatment and disposal systems from
  581  surface water, groundwater, and wells.
  582         (2)The department shall use existing and available
  583  resources to administer and support the activities of the
  584  committee.
  585         (3)(a)By August 1, 2021, the department, in consultation
  586  with the Department of Health, shall appoint no more than nine
  587  members to the committee, including, but not limited to, the
  588  following:
  589         1.A professional engineer.
  590         2.A septic tank contractor.
  591         3.A representative from the home building industry.
  592         4.A representative from the real estate industry.
  593         5.A representative from the onsite sewage treatment and
  594  disposal system industry.
  595         6.A representative from local government.
  596         7.Two representatives from the environmental community.
  597         8.A representative of the scientific and technical
  598  community who has substantial expertise in the areas of the fate
  599  and transport of water pollutants, toxicology, epidemiology,
  600  geology, biology, or environmental sciences.
  601         (b)Members shall serve without compensation and are not
  602  entitled to reimbursement for per diem or travel expenses.
  603         (4)By January 1, 2022, the committee shall submit its
  604  recommendations to the Governor, the President of the Senate,
  605  and the Speaker of the House of Representatives.
  606         (5)This section expires August 15, 2022.
  607         (6)For purposes of this section, the term “department”
  608  means the Department of Environmental Protection.
  609         Section 6. Effective July 1, 2021, section 381.0068,
  610  Florida Statutes, is repealed.
  611         Section 7. Present subsections (14) through (44) of section
  612  403.061, Florida Statutes, are redesignated as subsections (15)
  613  through (45), respectively, a new subsection (14) is added to
  614  that section, and subsection (7) of that section is amended, to
  615  read:
  616         403.061 Department; powers and duties.—The department shall
  617  have the power and the duty to control and prohibit pollution of
  618  air and water in accordance with the law and rules adopted and
  619  promulgated by it and, for this purpose, to:
  620         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  621  implement the provisions of this act. Any rule adopted pursuant
  622  to this act must shall be consistent with the provisions of
  623  federal law, if any, relating to control of emissions from motor
  624  vehicles, effluent limitations, pretreatment requirements, or
  625  standards of performance. A No county, municipality, or
  626  political subdivision may not shall adopt or enforce any local
  627  ordinance, special law, or local regulation requiring the
  628  installation of Stage II vapor recovery systems, as currently
  629  defined by department rule, unless such county, municipality, or
  630  political subdivision is or has been in the past designated by
  631  federal regulation as a moderate, serious, or severe ozone
  632  nonattainment area. Rules adopted pursuant to this act may shall
  633  not require dischargers of waste into waters of the state to
  634  improve natural background conditions. The department shall
  635  adopt rules to reasonably limit, reduce, and eliminate domestic
  636  wastewater collection and transmission system pipe leakages and
  637  inflow and infiltration. Discharges from steam electric
  638  generating plants existing or licensed under this chapter on
  639  July 1, 1984, may shall not be required to be treated to a
  640  greater extent than may be necessary to assure that the quality
  641  of nonthermal components of discharges from nonrecirculated
  642  cooling water systems is as high as the quality of the makeup
  643  waters; that the quality of nonthermal components of discharges
  644  from recirculated cooling water systems is no lower than is
  645  allowed for blowdown from such systems; or that the quality of
  646  noncooling system discharges which receive makeup water from a
  647  receiving body of water which does not meet applicable
  648  department water quality standards is as high as the quality of
  649  the receiving body of water. The department may not adopt
  650  standards more stringent than federal regulations, except as
  651  provided in s. 403.804.
  652         (14)In order to promote resilient utilities, require
  653  public utilities or their affiliated companies holding, applying
  654  for, or renewing a domestic wastewater discharge permit to file
  655  annual reports and other data regarding transactions or
  656  allocations of common costs and expenditures on pollution
  657  mitigation and prevention among the utility’s permitted systems,
  658  including, but not limited to, the prevention of sanitary sewer
  659  overflows, collection and transmission system pipe leakages, and
  660  inflow and infiltration. The department shall adopt rules to
  661  implement this subsection.
  662  
  663  The department shall implement such programs in conjunction with
  664  its other powers and duties and shall place special emphasis on
  665  reducing and eliminating contamination that presents a threat to
  666  humans, animals or plants, or to the environment.
  667         Section 8. Section 403.0616, Florida Statutes, is created
  668  to read:
  669         403.0616Real-time water quality monitoring program.–
  670         (1) Subject to appropriation, the department shall
  671  establish a real-time water quality monitoring program to assist
  672  in the restoration, preservation, and enhancement of impaired
  673  waterbodies and coastal resources.
  674         (2)In order to expedite the creation and implementation of
  675  the program, the department is encouraged to form public-private
  676  partnerships with established scientific entities that have
  677  proven existing real-time water quality monitoring equipment and
  678  experience in deploying the equipment.
  679         Section 9. Subsection (7) of section 403.067, Florida
  680  Statutes, is amended to read:
  681         403.067 Establishment and implementation of total maximum
  682  daily loads.—
  683         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  684  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  685         (a) Basin management action plans.—
  686         1. In developing and implementing the total maximum daily
  687  load for a water body, the department, or the department in
  688  conjunction with a water management district, may develop a
  689  basin management action plan that addresses some or all of the
  690  watersheds and basins tributary to the water body. Such plan
  691  must integrate the appropriate management strategies available
  692  to the state through existing water quality protection programs
  693  to achieve the total maximum daily loads and may provide for
  694  phased implementation of these management strategies to promote
  695  timely, cost-effective actions as provided for in s. 403.151.
  696  The plan must establish a schedule implementing the management
  697  strategies, establish a basis for evaluating the plan’s
  698  effectiveness, and identify feasible funding strategies for
  699  implementing the plan’s management strategies. The management
  700  strategies may include regional treatment systems or other
  701  public works, where appropriate, and voluntary trading of water
  702  quality credits to achieve the needed pollutant load reductions.
  703         2. A basin management action plan must equitably allocate,
  704  pursuant to paragraph (6)(b), pollutant reductions to individual
  705  basins, as a whole to all basins, or to each identified point
  706  source or category of nonpoint sources, as appropriate. For
  707  nonpoint sources for which best management practices have been
  708  adopted, the initial requirement specified by the plan must be
  709  those practices developed pursuant to paragraph (c). When Where
  710  appropriate, the plan may take into account the benefits of
  711  pollutant load reduction achieved by point or nonpoint sources
  712  that have implemented management strategies to reduce pollutant
  713  loads, including best management practices, before the
  714  development of the basin management action plan. The plan must
  715  also identify the mechanisms that will address potential future
  716  increases in pollutant loading.
  717         3. The basin management action planning process is intended
  718  to involve the broadest possible range of interested parties,
  719  with the objective of encouraging the greatest amount of
  720  cooperation and consensus possible. In developing a basin
  721  management action plan, the department shall assure that key
  722  stakeholders, including, but not limited to, applicable local
  723  governments, water management districts, the Department of
  724  Agriculture and Consumer Services, other appropriate state
  725  agencies, local soil and water conservation districts,
  726  environmental groups, regulated interests, and affected
  727  pollution sources, are invited to participate in the process.
  728  The department shall hold at least one public meeting in the
  729  vicinity of the watershed or basin to discuss and receive
  730  comments during the planning process and shall otherwise
  731  encourage public participation to the greatest practicable
  732  extent. Notice of the public meeting must be published in a
  733  newspaper of general circulation in each county in which the
  734  watershed or basin lies at least not less than 5 days, but not
  735  nor more than 15 days, before the public meeting. A basin
  736  management action plan does not supplant or otherwise alter any
  737  assessment made under subsection (3) or subsection (4) or any
  738  calculation or initial allocation.
  739         4. Each new or revised basin management action plan shall
  740  include:
  741         a. The appropriate management strategies available through
  742  existing water quality protection programs to achieve total
  743  maximum daily loads, which may provide for phased implementation
  744  to promote timely, cost-effective actions as provided for in s.
  745  403.151;
  746         b. A description of best management practices adopted by
  747  rule;
  748         c. A list of projects in priority ranking with a planning
  749  level cost estimate and estimated date of completion for each
  750  listed project;
  751         d. The source and amount of financial assistance to be made
  752  available by the department, a water management district, or
  753  other entity for each listed project, if applicable; and
  754         e. A planning-level estimate of each listed project’s
  755  expected load reduction, if applicable.
  756         5. The department shall adopt all or any part of a basin
  757  management action plan and any amendment to such plan by
  758  secretarial order pursuant to chapter 120 to implement the
  759  provisions of this section.
  760         6. The basin management action plan must include milestones
  761  for implementation and water quality improvement, and an
  762  associated water quality monitoring component sufficient to
  763  evaluate whether reasonable progress in pollutant load
  764  reductions is being achieved over time. An assessment of
  765  progress toward these milestones shall be conducted every 5
  766  years, and revisions to the plan shall be made as appropriate.
  767  Revisions to the basin management action plan shall be made by
  768  the department in cooperation with basin stakeholders. Revisions
  769  to the management strategies required for nonpoint sources must
  770  follow the procedures set forth in subparagraph (c)4. Revised
  771  basin management action plans must be adopted pursuant to
  772  subparagraph 5.
  773         7. In accordance with procedures adopted by rule under
  774  paragraph (9)(c), basin management action plans, and other
  775  pollution control programs under local, state, or federal
  776  authority as provided in subsection (4), may allow point or
  777  nonpoint sources that will achieve greater pollutant reductions
  778  than required by an adopted total maximum daily load or
  779  wasteload allocation to generate, register, and trade water
  780  quality credits for the excess reductions to enable other
  781  sources to achieve their allocation; however, the generation of
  782  water quality credits does not remove the obligation of a source
  783  or activity to meet applicable technology requirements or
  784  adopted best management practices. Such plans must allow trading
  785  between NPDES permittees, and trading that may or may not
  786  involve NPDES permittees, where the generation or use of the
  787  credits involve an entity or activity not subject to department
  788  water discharge permits whose owner voluntarily elects to obtain
  789  department authorization for the generation and sale of credits.
  790         8. The provisions of The department’s rule relating to the
  791  equitable abatement of pollutants into surface waters do not
  792  apply to water bodies or water body segments for which a basin
  793  management plan that takes into account future new or expanded
  794  activities or discharges has been adopted under this section.
  795         9.In order to promote resilient utilities, if the
  796  department identifies domestic wastewater facilities or onsite
  797  sewage treatment and disposal systems as contributors of at
  798  least 20 percent of point source or nonpoint source nutrient
  799  pollution or if the department determines remediation is
  800  necessary to achieve the total maximum daily load, a basin
  801  management action plan for a nutrient total maximum daily load
  802  must include the following:
  803         a.A wastewater treatment plan that addresses domestic
  804  wastewater developed by each local government in cooperation
  805  with the department, the water management district, and the
  806  public and private domestic wastewater facilities within the
  807  jurisdiction of the local government. The wastewater treatment
  808  plan must:
  809         (I)Provide for construction, expansion, or upgrades
  810  necessary to achieve the total maximum daily load requirements
  811  applicable to the domestic wastewater facility.
  812         (II)Include the permitted capacity in average annual
  813  gallons per day for the domestic wastewater facility; the
  814  average nutrient concentration and the estimated average
  815  nutrient load of the domestic wastewater; a timeline of the
  816  dates by which the construction of any facility improvements
  817  will begin and be completed and the date by which operations of
  818  the improved facility will begin; the estimated cost of the
  819  improvements; and the identity of responsible parties.
  820  
  821  The wastewater treatment plan must be adopted as part of the
  822  basin management action plan no later than July 1, 2025. A local
  823  government that does not have a domestic wastewater treatment
  824  facility in its jurisdiction is not required to develop a
  825  wastewater treatment plan unless there is a demonstrated need to
  826  establish a domestic wastewater treatment facility within its
  827  jurisdiction to improve water quality necessary to achieve a
  828  total maximum daily load. A local government is not responsible
  829  for a private domestic wastewater facility’s compliance with a
  830  basin management action plan.
  831         b.An onsite sewage treatment and disposal system
  832  remediation plan developed by each local government in
  833  cooperation with the department, the Department of Health, water
  834  management districts, and public and private domestic wastewater
  835  facilities.
  836         (I)The onsite sewage treatment and disposal system
  837  remediation plan must identify cost-effective and financially
  838  feasible projects necessary to achieve the nutrient load
  839  reductions required for onsite sewage treatment and disposal
  840  systems. To identify cost-effective and financially feasible
  841  projects for remediation of onsite sewage treatment and disposal
  842  systems, the local government shall:
  843         (A)Include an inventory of onsite sewage treatment and
  844  disposal systems based on the best information available;
  845         (B)Identify onsite sewage treatment and disposal systems
  846  that would be eliminated through connection to existing or
  847  future central domestic wastewater infrastructure in the
  848  jurisdiction or domestic wastewater service area of the local
  849  government, that would be replaced with or upgraded to enhanced
  850  nutrient-reducing systems, or that would remain on conventional
  851  onsite sewage treatment and disposal systems;
  852         (C)Estimate the costs of potential onsite sewage treatment
  853  and disposal systems connections, upgrades, or replacements; and
  854         (D)Identify deadlines and interim milestones for the
  855  planning, design, and construction of projects.
  856         (II)The department shall adopt the onsite sewage treatment
  857  and disposal system remediation plan as part of the basin
  858  management action plan no later than July 1, 2025, or as
  859  required for Outstanding Florida Springs under s. 373.807.
  860         10.When identifying wastewater projects in a basin
  861  management action plan, the department may not require the
  862  higher cost option if it achieves the same nutrient load
  863  reduction as a lower cost option.
  864         (b) Total maximum daily load implementation.—
  865         1. The department shall be the lead agency in coordinating
  866  the implementation of the total maximum daily loads through
  867  existing water quality protection programs. Application of a
  868  total maximum daily load by a water management district must be
  869  consistent with this section and does not require the issuance
  870  of an order or a separate action pursuant to s. 120.536(1) or s.
  871  120.54 for the adoption of the calculation and allocation
  872  previously established by the department. Such programs may
  873  include, but are not limited to:
  874         a. Permitting and other existing regulatory programs,
  875  including water-quality-based effluent limitations;
  876         b. Nonregulatory and incentive-based programs, including
  877  best management practices, cost sharing, waste minimization,
  878  pollution prevention, agreements established pursuant to s.
  879  403.061(22) s. 403.061(21), and public education;
  880         c. Other water quality management and restoration
  881  activities, for example surface water improvement and management
  882  plans approved by water management districts or basin management
  883  action plans developed pursuant to this subsection;
  884         d. Trading of water quality credits or other equitable
  885  economically based agreements;
  886         e. Public works including capital facilities; or
  887         f. Land acquisition.
  888         2. For a basin management action plan adopted pursuant to
  889  paragraph (a), any management strategies and pollutant reduction
  890  requirements associated with a pollutant of concern for which a
  891  total maximum daily load has been developed, including effluent
  892  limits set forth for a discharger subject to NPDES permitting,
  893  if any, must be included in a timely manner in subsequent NPDES
  894  permits or permit modifications for that discharger. The
  895  department may not impose limits or conditions implementing an
  896  adopted total maximum daily load in an NPDES permit until the
  897  permit expires, the discharge is modified, or the permit is
  898  reopened pursuant to an adopted basin management action plan.
  899         a. Absent a detailed allocation, total maximum daily loads
  900  must be implemented through NPDES permit conditions that provide
  901  for a compliance schedule. In such instances, a facility’s NPDES
  902  permit must allow time for the issuance of an order adopting the
  903  basin management action plan. The time allowed for the issuance
  904  of an order adopting the plan may not exceed 5 years. Upon
  905  issuance of an order adopting the plan, the permit must be
  906  reopened or renewed, as necessary, and permit conditions
  907  consistent with the plan must be established. Notwithstanding
  908  the other provisions of this subparagraph, upon request by an
  909  NPDES permittee, the department as part of a permit issuance,
  910  renewal, or modification may establish individual allocations
  911  before the adoption of a basin management action plan.
  912         b. For holders of NPDES municipal separate storm sewer
  913  system permits and other stormwater sources, implementation of a
  914  total maximum daily load or basin management action plan must be
  915  achieved, to the maximum extent practicable, through the use of
  916  best management practices or other management measures.
  917         c. The basin management action plan does not relieve the
  918  discharger from any requirement to obtain, renew, or modify an
  919  NPDES permit or to abide by other requirements of the permit.
  920         d. Management strategies set forth in a basin management
  921  action plan to be implemented by a discharger subject to
  922  permitting by the department must be completed pursuant to the
  923  schedule set forth in the basin management action plan. This
  924  implementation schedule may extend beyond the 5-year term of an
  925  NPDES permit.
  926         e. Management strategies and pollution reduction
  927  requirements set forth in a basin management action plan for a
  928  specific pollutant of concern are not subject to challenge under
  929  chapter 120 at the time they are incorporated, in an identical
  930  form, into a subsequent NPDES permit or permit modification.
  931         f. For nonagricultural pollutant sources not subject to
  932  NPDES permitting but permitted pursuant to other state,
  933  regional, or local water quality programs, the pollutant
  934  reduction actions adopted in a basin management action plan must
  935  be implemented to the maximum extent practicable as part of
  936  those permitting programs.
  937         g. A nonpoint source discharger included in a basin
  938  management action plan must demonstrate compliance with the
  939  pollutant reductions established under subsection (6) by
  940  implementing the appropriate best management practices
  941  established pursuant to paragraph (c) or conducting water
  942  quality monitoring prescribed by the department or a water
  943  management district. A nonpoint source discharger may, in
  944  accordance with department rules, supplement the implementation
  945  of best management practices with water quality credit trades in
  946  order to demonstrate compliance with the pollutant reductions
  947  established under subsection (6).
  948         h. A nonpoint source discharger included in a basin
  949  management action plan may be subject to enforcement action by
  950  the department or a water management district based upon a
  951  failure to implement the responsibilities set forth in sub
  952  subparagraph g.
  953         i. A landowner, discharger, or other responsible person who
  954  is implementing applicable management strategies specified in an
  955  adopted basin management action plan may not be required by
  956  permit, enforcement action, or otherwise to implement additional
  957  management strategies, including water quality credit trading,
  958  to reduce pollutant loads to attain the pollutant reductions
  959  established pursuant to subsection (6) and shall be deemed to be
  960  in compliance with this section. This subparagraph does not
  961  limit the authority of the department to amend a basin
  962  management action plan as specified in subparagraph (a)6.
  963         (c) Best management practices.—
  964         1. The department, in cooperation with the water management
  965  districts and other interested parties, as appropriate, may
  966  develop suitable interim measures, best management practices, or
  967  other measures necessary to achieve the level of pollution
  968  reduction established by the department for nonagricultural
  969  nonpoint pollutant sources in allocations developed pursuant to
  970  subsection (6) and this subsection. These practices and measures
  971  may be adopted by rule by the department and the water
  972  management districts and, where adopted by rule, shall be
  973  implemented by those parties responsible for nonagricultural
  974  nonpoint source pollution.
  975         2. The Department of Agriculture and Consumer Services may
  976  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  977  suitable interim measures, best management practices, or other
  978  measures necessary to achieve the level of pollution reduction
  979  established by the department for agricultural pollutant sources
  980  in allocations developed pursuant to subsection (6) and this
  981  subsection or for programs implemented pursuant to paragraph
  982  (12)(b). These practices and measures may be implemented by
  983  those parties responsible for agricultural pollutant sources and
  984  the department, the water management districts, and the
  985  Department of Agriculture and Consumer Services shall assist
  986  with implementation. In the process of developing and adopting
  987  rules for interim measures, best management practices, or other
  988  measures, the Department of Agriculture and Consumer Services
  989  shall consult with the department, the Department of Health, the
  990  water management districts, representatives from affected
  991  farming groups, and environmental group representatives. Such
  992  rules must also incorporate provisions for a notice of intent to
  993  implement the practices and a system to assure the
  994  implementation of the practices, including site inspection and
  995  recordkeeping requirements.
  996         3. Where interim measures, best management practices, or
  997  other measures are adopted by rule, the effectiveness of such
  998  practices in achieving the levels of pollution reduction
  999  established in allocations developed by the department pursuant
 1000  to subsection (6) and this subsection or in programs implemented
 1001  pursuant to paragraph (12)(b) must be verified at representative
 1002  sites by the department. The department shall use best
 1003  professional judgment in making the initial verification that
 1004  the best management practices are reasonably expected to be
 1005  effective and, where applicable, must notify the appropriate
 1006  water management district or the Department of Agriculture and
 1007  Consumer Services of its initial verification before the
 1008  adoption of a rule proposed pursuant to this paragraph.
 1009  Implementation, in accordance with rules adopted under this
 1010  paragraph, of practices that have been initially verified to be
 1011  effective, or verified to be effective by monitoring at
 1012  representative sites, by the department, shall provide a
 1013  presumption of compliance with state water quality standards and
 1014  release from the provisions of s. 376.307(5) for those
 1015  pollutants addressed by the practices, and the department is not
 1016  authorized to institute proceedings against the owner of the
 1017  source of pollution to recover costs or damages associated with
 1018  the contamination of surface water or groundwater caused by
 1019  those pollutants. Research projects funded by the department, a
 1020  water management district, or the Department of Agriculture and
 1021  Consumer Services to develop or demonstrate interim measures or
 1022  best management practices shall be granted a presumption of
 1023  compliance with state water quality standards and a release from
 1024  the provisions of s. 376.307(5). The presumption of compliance
 1025  and release is limited to the research site and only for those
 1026  pollutants addressed by the interim measures or best management
 1027  practices. Eligibility for the presumption of compliance and
 1028  release is limited to research projects on sites where the owner
 1029  or operator of the research site and the department, a water
 1030  management district, or the Department of Agriculture and
 1031  Consumer Services have entered into a contract or other
 1032  agreement that, at a minimum, specifies the research objectives,
 1033  the cost-share responsibilities of the parties, and a schedule
 1034  that details the beginning and ending dates of the project.
 1035         4. Where water quality problems are demonstrated, despite
 1036  the appropriate implementation, operation, and maintenance of
 1037  best management practices and other measures required by rules
 1038  adopted under this paragraph, the department, a water management
 1039  district, or the Department of Agriculture and Consumer
 1040  Services, in consultation with the department, shall institute a
 1041  reevaluation of the best management practice or other measure.
 1042  Should the reevaluation determine that the best management
 1043  practice or other measure requires modification, the department,
 1044  a water management district, or the Department of Agriculture
 1045  and Consumer Services, as appropriate, shall revise the rule to
 1046  require implementation of the modified practice within a
 1047  reasonable time period as specified in the rule.
 1048         5. Subject to subparagraph 6., the Department of
 1049  Agriculture and Consumer Services shall provide to the
 1050  department information that it obtains pursuant to subparagraph
 1051  (d)3.
 1052         6. Agricultural records relating to processes or methods of
 1053  production, costs of production, profits, or other financial
 1054  information held by the Department of Agriculture and Consumer
 1055  Services pursuant to subparagraphs 3., and 4., and 5. or
 1056  pursuant to any rule adopted pursuant to subparagraph 2. are
 1057  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1058  of the State Constitution. Upon request, records made
 1059  confidential and exempt pursuant to this subparagraph shall be
 1060  released to the department or any water management district
 1061  provided that the confidentiality specified by this subparagraph
 1062  for such records is maintained.
 1063         7.6.The provisions of Subparagraphs 1. and 2. do not
 1064  preclude the department or water management district from
 1065  requiring compliance with water quality standards or with
 1066  current best management practice requirements set forth in any
 1067  applicable regulatory program authorized by law for the purpose
 1068  of protecting water quality. Additionally, subparagraphs 1. and
 1069  2. are applicable only to the extent that they do not conflict
 1070  with any rules adopted by the department that are necessary to
 1071  maintain a federally delegated or approved program.
 1072         (d) Enforcement and verification of basin management action
 1073  plans and management strategies.—
 1074         1. Basin management action plans are enforceable pursuant
 1075  to this section and ss. 403.121, 403.141, and 403.161.
 1076  Management strategies, including best management practices and
 1077  water quality monitoring, are enforceable under this chapter.
 1078         2. No later than January 1, 2017:
 1079         a. The department, in consultation with the water
 1080  management districts and the Department of Agriculture and
 1081  Consumer Services, shall initiate rulemaking to adopt procedures
 1082  to verify implementation of water quality monitoring required in
 1083  lieu of implementation of best management practices or other
 1084  measures pursuant to sub-subparagraph (b)2.g.;
 1085         b. The department, in consultation with the water
 1086  management districts and the Department of Agriculture and
 1087  Consumer Services, shall initiate rulemaking to adopt procedures
 1088  to verify implementation of nonagricultural interim measures,
 1089  best management practices, or other measures adopted by rule
 1090  pursuant to subparagraph (c)1.; and
 1091         c. The Department of Agriculture and Consumer Services, in
 1092  consultation with the water management districts and the
 1093  department, shall initiate rulemaking to adopt procedures to
 1094  verify implementation of agricultural interim measures, best
 1095  management practices, or other measures adopted by rule pursuant
 1096  to subparagraph(c)2.
 1097  
 1098  The rules required under this subparagraph shall include
 1099  enforcement procedures applicable to the landowner, discharger,
 1100  or other responsible person required to implement applicable
 1101  management strategies, including best management practices or
 1102  water quality monitoring as a result of noncompliance.
 1103         3.At least every 2 years, the Department of Agriculture
 1104  and Consumer Services shall perform onsite inspections of each
 1105  agricultural producer that enrolls in a best management practice
 1106  to ensure that such practice is being properly implemented. Such
 1107  verification must include a review of the best management
 1108  practice documentation required by rule adopted in accordance
 1109  with subparagraph (c)2., including, but not limited to, nitrogen
 1110  and phosphorous fertilizer application records, which must be
 1111  collected and retained pursuant to subparagraphs (c)3., 4., and
 1112  6.
 1113         (e)Data collection and research.—
 1114         1.The Department of Agriculture and Consumer Services, the
 1115  University of Florida Institute of Food and Agricultural
 1116  Sciences, and other state universities and Florida College
 1117  System institutions with agricultural research programs may
 1118  annually develop research plans and legislative budget requests
 1119  to:
 1120         a.Evaluate and suggest enhancements to the existing
 1121  adopted agricultural best management practices to reduce
 1122  nutrients;
 1123         b.Develop new best management practices that, if proven
 1124  effective, the Department of Agriculture and Consumer Services
 1125  may adopt by rule pursuant to paragraph (c); and
 1126         c.Develop agricultural nutrient reduction projects that
 1127  willing participants could implement on a site-specific,
 1128  cooperative basis, in addition to best management practices. The
 1129  department may consider these projects for inclusion in a basin
 1130  management action plan. These nutrient reduction projects must
 1131  reduce the nutrient impacts from agricultural operations on
 1132  water quality when evaluated with the projects and management
 1133  strategies currently included in the basin management action
 1134  plan.
 1135         2.To be considered for funding, the University of Florida
 1136  Institute of Food and Agricultural Sciences and other state
 1137  universities and Florida College System institutions that have
 1138  agricultural research programs must submit such plans to the
 1139  department and the Department of Agriculture and Consumer
 1140  Services by August 1 of each year.
 1141         Section 10. Section 403.0673, Florida Statutes, is created
 1142  to read:
 1143         403.0673Wastewater grant program.—A wastewater grant
 1144  program is established within the Department of Environmental
 1145  Protection.
 1146         (1)Subject to the appropriation of funds by the
 1147  Legislature, the department may provide grants for the following
 1148  projects within a basin management action plan, an alternative
 1149  restoration plan adopted by final order, or a rural area of
 1150  opportunity under s. 288.0656 which will individually or
 1151  collectively reduce excess nutrient pollution:
 1152         (a)Projects to retrofit onsite sewage treatment and
 1153  disposal systems to upgrade them to enhanced nutrient-reducing
 1154  onsite sewage treatment and disposal systems.
 1155         (b)Projects to construct, upgrade, or expand facilities to
 1156  provide advanced waste treatment, as defined in s. 403.086(4).
 1157         (c)Projects to connect onsite sewage treatment and
 1158  disposal systems to central sewer facilities.
 1159         (2)In allocating such funds, priority must be given to
 1160  projects that subsidize the connection of onsite sewage
 1161  treatment and disposal systems to wastewater treatment plants.
 1162  First priority must be given to subsidize connection to existing
 1163  infrastructure. Second priority must be given to any expansion
 1164  of a collection or transmission system that promotes efficiency
 1165  by planning the installation of wastewater transmission
 1166  facilities to be constructed concurrently with other
 1167  construction projects occurring within or along a transportation
 1168  facility right-of-way. Third priority must be given to all other
 1169  connection of onsite sewage treatment and disposal systems to a
 1170  wastewater treatment plants. The department shall consider the
 1171  estimated reduction in nutrient load per project; project
 1172  readiness; cost-effectiveness of the project; overall
 1173  environmental benefit of a project; the location of a project;
 1174  the availability of local matching funds; and projected water
 1175  savings or quantity improvements associated with a project.
 1176         (3)Each grant for a project described in subsection (1)
 1177  must require a minimum of a 50 percent local match of funds.
 1178  However, the department may, at its discretion, waive, in whole
 1179  or in part, this consideration of the local contribution for
 1180  proposed projects within an area designated as a rural area of
 1181  opportunity under s. 288.0656.
 1182         (4)The department shall coordinate with each water
 1183  management district, as necessary, to identify grant recipients
 1184  in each district.
 1185         (5)Beginning January 1, 2021, and each January 1
 1186  thereafter, the department shall submit a report regarding the
 1187  projects funded pursuant to this section to the Governor, the
 1188  President of the Senate, and the Speaker of the House of
 1189  Representatives.
 1190         Section 11. Section 403.0855, Florida Statutes, is created
 1191  to read:
 1192         403.0855 Biosolids management.—The Legislature finds that
 1193  it is in the best interest of this state to regulate biosolids
 1194  management in order to minimize the migration of nutrients that
 1195  impair waterbodies. The Legislature further finds that the
 1196  expedited implementation of the recommendations of the Biosolids
 1197  Technical Advisory Committee, including permitting according to
 1198  site-specific application conditions, an increased inspection
 1199  rate, groundwater and surface water monitoring protocols, and
 1200  nutrient management research, will improve biosolids management
 1201  and assist in protecting this state’s water resources and water
 1202  quality. The department shall adopt rules for biosolids
 1203  management. Rules adopted by the department pursuant to this
 1204  section before the 2021 regular legislative session are not
 1205  subject to s. 120.541(3). A municipality or county may enforce
 1206  or extend an ordinance, a regulation, a resolution, a rule, a
 1207  moratorium, or a policy, any of which was adopted before
 1208  November 1, 2019, relating to the land application of Class B
 1209  biosolids until the ordinance, regulation, resolution, rule,
 1210  moratorium, or policy is repealed by the municipality or county.
 1211         Section 12. Present subsections (7) through (10) of section
 1212  403.086, Florida Statutes, are redesignated as subsections (8)
 1213  through (11), respectively, a new subsection (7) is added to
 1214  that section, and paragraph (c) of subsection (1) and subsection
 1215  (2) of that section are amended, to read:
 1216         403.086 Sewage disposal facilities; advanced and secondary
 1217  waste treatment.—
 1218         (1)
 1219         (c) Notwithstanding any other provisions of this chapter or
 1220  chapter 373, facilities for sanitary sewage disposal may not
 1221  dispose of any wastes into Old Tampa Bay, Tampa Bay,
 1222  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
 1223  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
 1224  or Charlotte Harbor Bay, Indian River Lagoon beginning July 1,
 1225  2025, or into any river, stream, channel, canal, bay, bayou,
 1226  sound, or other water tributary thereto, without providing
 1227  advanced waste treatment, as defined in subsection (4), approved
 1228  by the department. This paragraph shall not apply to facilities
 1229  which were permitted by February 1, 1987, and which discharge
 1230  secondary treated effluent, followed by water hyacinth
 1231  treatment, to tributaries of tributaries of the named waters; or
 1232  to facilities permitted to discharge to the nontidally
 1233  influenced portions of the Peace River.
 1234         (2) Any facilities for sanitary sewage disposal shall
 1235  provide for secondary waste treatment, a power outage
 1236  contingency plan that mitigates the impacts of power outages on
 1237  the utility’s collection system and pump stations, and, in
 1238  addition thereto, advanced waste treatment as deemed necessary
 1239  and ordered by the Department of Environmental Protection.
 1240  Failure to conform is shall be punishable by a civil penalty of
 1241  $500 for each 24-hour day or fraction thereof that such failure
 1242  is allowed to continue thereafter.
 1243         (7)All facilities for sanitary sewage under subsection (2)
 1244  which control a collection or transmission system of pipes and
 1245  pumps to collect and transmit wastewater from domestic or
 1246  industrial sources to the facility shall take steps to prevent
 1247  sanitary sewer overflows or underground pipe leaks and ensure
 1248  that collected wastewater reaches the facility for appropriate
 1249  treatment. Facilities must use inflow and infiltration studies
 1250  and leakage surveys to develop pipe assessment, repair, and
 1251  replacement action plans that comply with department rule to
 1252  limit, reduce, and eliminate leaks, seepages, or inputs into
 1253  wastewater treatment systems’ underground pipes. The pipe
 1254  assessment, repair, and replacement action plans must be
 1255  reported to the department. The facility action plan must
 1256  include information regarding the annual expenditures dedicated
 1257  to the inflow and infiltration studies and the required
 1258  replacement action plans, as well as expenditures that are
 1259  dedicated to pipe assessment, repair, and replacement. The
 1260  department shall adopt rules regarding the implementation of
 1261  inflow and infiltration studies and leakage surveys; however,
 1262  such department rules may not fix or revise utility rates or
 1263  budgets. Any entity subject to this subsection and s.
 1264  403.061(14) may submit one report to comply with both
 1265  provisions. Substantial compliance with this subsection is
 1266  evidence in mitigation for the purposes of assessing penalties
 1267  pursuant to ss. 403.121 and 403.141.
 1268         Section 13. Present subsections (4) through (10) of section
 1269  403.087, Florida Statutes, are redesignated as subsections (5)
 1270  through (11), respectively, and a new subsection (4) is added to
 1271  that section, to read:
 1272         403.087 Permits; general issuance; denial; revocation;
 1273  prohibition; penalty.—
 1274         (4) The department shall issue an operation permit for a
 1275  domestic wastewater treatment facility other than a facility
 1276  regulated under the National Pollutant Discharge Elimination
 1277  System Program under s. 403.0885 for a term of up to 10 years if
 1278  the facility is meeting the stated goals in its action plan
 1279  adopted pursuant to s. 403.086(7).
 1280         Section 14. Present subsections (3) and (4) of section
 1281  403.088, Florida Statutes, are redesignated as subsections (4)
 1282  and (5), respectively, a new subsection (3) is added to that
 1283  section, and paragraph (c) of subsection (2) of that section is
 1284  amended, to read:
 1285         403.088 Water pollution operation permits; conditions.—
 1286         (2)
 1287         (c) A permit shall:
 1288         1. Specify the manner, nature, volume, and frequency of the
 1289  discharge permitted;
 1290         2. Require proper operation and maintenance of any
 1291  pollution abatement facility by qualified personnel in
 1292  accordance with standards established by the department;
 1293         3. Require a deliberate, proactive approach to
 1294  investigating or surveying a significant percentage of the
 1295  domestic wastewater collection system throughout the duration of
 1296  the permit to determine pipe integrity, which must be
 1297  accomplished in an economically feasible manner. The permittee
 1298  shall submit an annual report to the department which details
 1299  facility revenues and expenditures in a manner prescribed by
 1300  department rule. The report must detail any deviation of annual
 1301  expenditures from identified system needs related to inflow and
 1302  infiltration studies; model plans for pipe assessment, repair,
 1303  and replacement; and pipe assessment, repair, and replacement
 1304  required under s. 403.086(7). Substantial compliance with this
 1305  subsection is evidence in mitigation for the purposes of
 1306  assessing penalties pursuant to ss. 403.121 and 403.141;
 1307         4. Contain such additional conditions, requirements, and
 1308  restrictions as the department deems necessary to preserve and
 1309  protect the quality of the receiving waters;
 1310         5.4. Be valid for the period of time specified therein; and
 1311         6.5. Constitute the state National Pollutant Discharge
 1312  Elimination System permit when issued pursuant to the authority
 1313  in s. 403.0885.
 1314         (3)No later than March 1 of each year, the department
 1315  shall submit a report to the Governor, the President of the
 1316  Senate, and the Speaker of the House of Representatives which
 1317  identifies all domestic wastewater treatment facilities that
 1318  experienced a sanitary sewer overflow in the preceding calendar
 1319  year. The report must identify the utility name, operator,
 1320  permitted capacity in annual average gallons per day, the number
 1321  of overflows, and the total volume of sewage released, and, to
 1322  the extent known and available, the volume of sewage recovered,
 1323  the volume of sewage discharged to surface waters, and the cause
 1324  of the sanitary sewer overflow, including whether it was caused
 1325  by a third party. The department shall include with this report
 1326  the annual report specified under subparagraph (2)(c)3. for each
 1327  utility that experienced an overflow.
 1328         Section 15. Subsection (6) of section 403.0891, Florida
 1329  Statutes, is amended to read:
 1330         403.0891 State, regional, and local stormwater management
 1331  plans and programs.—The department, the water management
 1332  districts, and local governments shall have the responsibility
 1333  for the development of mutually compatible stormwater management
 1334  programs.
 1335         (6) The department and the Department of Economic
 1336  Opportunity, in cooperation with local governments in the
 1337  coastal zone, shall develop a model stormwater management
 1338  program that could be adopted by local governments. The model
 1339  program must contain model ordinances that target nutrient
 1340  reduction practices and use green infrastructure. The model
 1341  program shall contain dedicated funding options, including a
 1342  stormwater utility fee system based upon an equitable unit cost
 1343  approach. Funding options shall be designed to generate capital
 1344  to retrofit existing stormwater management systems, build new
 1345  treatment systems, operate facilities, and maintain and service
 1346  debt.
 1347         Section 16. Paragraphs (b) and (g) of subsection (2),
 1348  paragraph (b) of subsection (3), and subsections (8) and (9) of
 1349  section 403.121, Florida Statutes, are amended to read:
 1350         403.121 Enforcement; procedure; remedies.—The department
 1351  shall have the following judicial and administrative remedies
 1352  available to it for violations of this chapter, as specified in
 1353  s. 403.161(1).
 1354         (2) Administrative remedies:
 1355         (b) If the department has reason to believe a violation has
 1356  occurred, it may institute an administrative proceeding to order
 1357  the prevention, abatement, or control of the conditions creating
 1358  the violation or other appropriate corrective action. Except for
 1359  violations involving hazardous wastes, asbestos, or underground
 1360  injection, the department shall proceed administratively in all
 1361  cases in which the department seeks administrative penalties
 1362  that do not exceed $50,000 $10,000 per assessment as calculated
 1363  in accordance with subsections (3), (4), (5), (6), and (7).
 1364  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 1365  assessed pursuant to subsection (3), subsection (4), or
 1366  subsection (5) against a public water system serving a
 1367  population of more than 10,000 shall be not less than $1,000 per
 1368  day per violation. The department shall not impose
 1369  administrative penalties in excess of $50,000 $10,000 in a
 1370  notice of violation. The department shall not have more than one
 1371  notice of violation seeking administrative penalties pending
 1372  against the same party at the same time unless the violations
 1373  occurred at a different site or the violations were discovered
 1374  by the department subsequent to the filing of a previous notice
 1375  of violation.
 1376         (g) Nothing herein shall be construed as preventing any
 1377  other legal or administrative action in accordance with law.
 1378  Nothing in this subsection shall limit the department’s
 1379  authority provided in ss. 403.131, 403.141, and this section to
 1380  judicially pursue injunctive relief. When the department
 1381  exercises its authority to judicially pursue injunctive relief,
 1382  penalties in any amount up to the statutory maximum sought by
 1383  the department must be pursued as part of the state court action
 1384  and not by initiating a separate administrative proceeding. The
 1385  department retains the authority to judicially pursue penalties
 1386  in excess of $50,000 $10,000 for violations not specifically
 1387  included in the administrative penalty schedule, or for multiple
 1388  or multiday violations alleged to exceed a total of $50,000
 1389  $10,000. The department also retains the authority provided in
 1390  ss. 403.131, 403.141, and this section to judicially pursue
 1391  injunctive relief and damages, if a notice of violation seeking
 1392  the imposition of administrative penalties has not been issued.
 1393  The department has the authority to enter into a settlement,
 1394  either before or after initiating a notice of violation, and the
 1395  settlement may include a penalty amount different from the
 1396  administrative penalty schedule. Any case filed in state court
 1397  because it is alleged to exceed a total of $50,000 $10,000 in
 1398  penalties may be settled in the court action for less than
 1399  $50,000 $10,000.
 1400         (3) Except for violations involving hazardous wastes,
 1401  asbestos, or underground injection, administrative penalties
 1402  must be calculated according to the following schedule:
 1403         (b) For failure to obtain a required wastewater permit,
 1404  other than a permit required for surface water discharge, the
 1405  department shall assess a penalty of $2,000 $1,000. For a
 1406  domestic or industrial wastewater violation not involving a
 1407  surface water or groundwater quality violation, the department
 1408  shall assess a penalty of $4,000 $2,000 for an unpermitted or
 1409  unauthorized discharge or effluent-limitation exceedance or
 1410  failure to comply with s. 403.061(14) or s. 403.086(7) or rules
 1411  adopted thereunder. For an unpermitted or unauthorized discharge
 1412  or effluent-limitation exceedance that resulted in a surface
 1413  water or groundwater quality violation, the department shall
 1414  assess a penalty of $10,000 $5,000.
 1415         (8) The direct economic benefit gained by the violator from
 1416  the violation, where consideration of economic benefit is
 1417  provided by Florida law or required by federal law as part of a
 1418  federally delegated or approved program, shall be added to the
 1419  scheduled administrative penalty. The total administrative
 1420  penalty, including any economic benefit added to the scheduled
 1421  administrative penalty, shall not exceed $20,000 $10,000.
 1422         (9) The administrative penalties assessed for any
 1423  particular violation shall not exceed $10,000 $5,000 against any
 1424  one violator, unless the violator has a history of
 1425  noncompliance, the economic benefit of the violation as
 1426  described in subsection (8) exceeds $10,000 $5,000, or there are
 1427  multiday violations. The total administrative penalties shall
 1428  not exceed $50,000 $10,000 per assessment for all violations
 1429  attributable to a specific person in the notice of violation.
 1430         Section 17. Subsection (7) of section 403.1835, Florida
 1431  Statutes, is amended to read:
 1432         403.1835 Water pollution control financial assistance.—
 1433         (7) Eligible projects must be given priority according to
 1434  the extent each project is intended to remove, mitigate, or
 1435  prevent adverse effects on surface or ground water quality and
 1436  public health. The relative costs of achieving environmental and
 1437  public health benefits must be taken into consideration during
 1438  the department’s assignment of project priorities. The
 1439  department shall adopt a priority system by rule. In developing
 1440  the priority system, the department shall give priority to
 1441  projects that:
 1442         (a) Eliminate public health hazards;
 1443         (b) Enable compliance with laws requiring the elimination
 1444  of discharges to specific water bodies, including the
 1445  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 1446  wastewater ocean outfalls;
 1447         (c) Assist in the implementation of total maximum daily
 1448  loads adopted under s. 403.067;
 1449         (d) Enable compliance with other pollution control
 1450  requirements, including, but not limited to, toxics control,
 1451  wastewater residuals management, and reduction of nutrients and
 1452  bacteria;
 1453         (e) Assist in the implementation of surface water
 1454  improvement and management plans and pollutant load reduction
 1455  goals developed under state water policy;
 1456         (f) Promote reclaimed water reuse;
 1457         (g) Eliminate failing onsite sewage treatment and disposal
 1458  systems or those that are causing environmental damage; or
 1459         (h) Reduce pollutants to and otherwise promote the
 1460  restoration of Florida’s surface and ground waters.
 1461         (i)Implement the requirements of ss. 403.086(7) and
 1462  403.088(2)(c).
 1463         (j)Promote efficiency by planning for the installation of
 1464  wastewater transmission facilities to be constructed
 1465  concurrently with other construction projects occurring within
 1466  or along a transportation facility right-of-way.
 1467         Section 18. Paragraph (b) of subsection (3) of section
 1468  403.1838, Florida Statutes, is amended to read:
 1469         403.1838 Small Community Sewer Construction Assistance
 1470  Act.—
 1471         (3)
 1472         (b) The rules of the Environmental Regulation Commission
 1473  must:
 1474         1. Require that projects to plan, design, construct,
 1475  upgrade, or replace wastewater collection, transmission,
 1476  treatment, disposal, and reuse facilities be cost-effective,
 1477  environmentally sound, permittable, and implementable.
 1478         2. Require appropriate user charges, connection fees, and
 1479  other charges sufficient to ensure the long-term operation,
 1480  maintenance, and replacement of the facilities constructed under
 1481  each grant.
 1482         3. Require grant applications to be submitted on
 1483  appropriate forms with appropriate supporting documentation, and
 1484  require records to be maintained.
 1485         4. Establish a system to determine eligibility of grant
 1486  applications.
 1487         5. Establish a system to determine the relative priority of
 1488  grant applications. The system must consider public health
 1489  protection and water pollution prevention or abatement and must
 1490  prioritize projects that plan for the installation of wastewater
 1491  transmission facilities to be constructed concurrently with
 1492  other construction projects occurring within or along a
 1493  transportation facility right-of-way.
 1494         6. Establish requirements for competitive procurement of
 1495  engineering and construction services, materials, and equipment.
 1496         7. Provide for termination of grants when program
 1497  requirements are not met.
 1498         Section 19. The Legislature determines and declares that
 1499  this act fulfills an important state interest.
 1500         Section 20. Effective July 1, 2021, subsection (5) of
 1501  section 153.54, Florida Statutes, is amended to read:
 1502         153.54 Preliminary report by county commissioners with
 1503  respect to creation of proposed district.—Upon receipt of a
 1504  petition duly signed by not less than 25 qualified electors who
 1505  are also freeholders residing within an area proposed to be
 1506  incorporated into a water and sewer district pursuant to this
 1507  law and describing in general terms the proposed boundaries of
 1508  such proposed district, the board of county commissioners if it
 1509  shall deem it necessary and advisable to create and establish
 1510  such proposed district for the purpose of constructing,
 1511  establishing or acquiring a water system or a sewer system or
 1512  both in and for such district (herein called “improvements”),
 1513  shall first cause a preliminary report to be made which such
 1514  report together with any other relevant or pertinent matters,
 1515  shall include at least the following:
 1516         (5) For the construction of a new proposed central sewerage
 1517  system or the extension of an existing sewerage system that was
 1518  not previously approved, the report shall include a study that
 1519  includes the available information from the Department of
 1520  Environmental Protection Health on the history of onsite sewage
 1521  treatment and disposal systems currently in use in the area and
 1522  a comparison of the projected costs to the owner of a typical
 1523  lot or parcel of connecting to and using the proposed sewerage
 1524  system versus installing, operating, and properly maintaining an
 1525  onsite sewage treatment and disposal system that is approved by
 1526  the Department of Environmental Protection Health and that
 1527  provides for the comparable level of environmental and health
 1528  protection as the proposed central sewerage system;
 1529  consideration of the local authority’s obligations or reasonably
 1530  anticipated obligations for water body cleanup and protection
 1531  under state or federal programs, including requirements for
 1532  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1533  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1534  deemed relevant by the local authority.
 1535  
 1536  Such report shall be filed in the office of the clerk of the
 1537  circuit court and shall be open for the inspection of any
 1538  taxpayer, property owner, qualified elector or any other
 1539  interested or affected person.
 1540         Section 21. Effective July 1, 2021, paragraph (c) of
 1541  subsection (2) of section 153.73, Florida Statutes, is amended
 1542  to read:
 1543         153.73 Assessable improvements; levy and payment of special
 1544  assessments.—Any district may provide for the construction or
 1545  reconstruction of assessable improvements as defined in s.
 1546  153.52, and for the levying of special assessments upon
 1547  benefited property for the payment thereof, under the provisions
 1548  of this section.
 1549         (2)
 1550         (c) For the construction of a new proposed central sewerage
 1551  system or the extension of an existing sewerage system that was
 1552  not previously approved, the report shall include a study that
 1553  includes the available information from the Department of
 1554  Environmental Protection Health on the history of onsite sewage
 1555  treatment and disposal systems currently in use in the area and
 1556  a comparison of the projected costs to the owner of a typical
 1557  lot or parcel of connecting to and using the proposed sewerage
 1558  system versus installing, operating, and properly maintaining an
 1559  onsite sewage treatment and disposal system that is approved by
 1560  the Department of Environmental Protection Health and that
 1561  provides for the comparable level of environmental and health
 1562  protection as the proposed central sewerage system;
 1563  consideration of the local authority’s obligations or reasonably
 1564  anticipated obligations for water body cleanup and protection
 1565  under state or federal programs, including requirements for
 1566  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1567  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1568  deemed relevant by the local authority.
 1569         Section 22. Effective July 1, 2021, subsection (2) of
 1570  section 163.3180, Florida Statutes, is amended to read:
 1571         163.3180 Concurrency.—
 1572         (2) Consistent with public health and safety, sanitary
 1573  sewer, solid waste, drainage, adequate water supplies, and
 1574  potable water facilities shall be in place and available to
 1575  serve new development no later than the issuance by the local
 1576  government of a certificate of occupancy or its functional
 1577  equivalent. Prior to approval of a building permit or its
 1578  functional equivalent, the local government shall consult with
 1579  the applicable water supplier to determine whether adequate
 1580  water supplies to serve the new development will be available no
 1581  later than the anticipated date of issuance by the local
 1582  government of a certificate of occupancy or its functional
 1583  equivalent. A local government may meet the concurrency
 1584  requirement for sanitary sewer through the use of onsite sewage
 1585  treatment and disposal systems approved by the Department of
 1586  Environmental Protection Health to serve new development.
 1587         Section 23. Effective July 1, 2021, subsection (3) of
 1588  section 180.03, Florida Statutes, is amended to read:
 1589         180.03 Resolution or ordinance proposing construction or
 1590  extension of utility; objections to same.—
 1591         (3) For the construction of a new proposed central sewerage
 1592  system or the extension of an existing central sewerage system
 1593  that was not previously approved, the report shall include a
 1594  study that includes the available information from the
 1595  Department of Environmental Protection Health on the history of
 1596  onsite sewage treatment and disposal systems currently in use in
 1597  the area and a comparison of the projected costs to the owner of
 1598  a typical lot or parcel of connecting to and using the proposed
 1599  central sewerage system versus installing, operating, and
 1600  properly maintaining an onsite sewage treatment and disposal
 1601  system that is approved by the Department of Environmental
 1602  Protection Health and that provides for the comparable level of
 1603  environmental and health protection as the proposed central
 1604  sewerage system; consideration of the local authority’s
 1605  obligations or reasonably anticipated obligations for water body
 1606  cleanup and protection under state or federal programs,
 1607  including requirements for water bodies listed under s. 303(d)
 1608  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 1609  et seq.; and other factors deemed relevant by the local
 1610  authority. The results of such a study shall be included in the
 1611  resolution or ordinance required under subsection (1).
 1612         Section 24. Subsections (2), (3), and (6) of section
 1613  311.105, Florida Statutes, are amended to read:
 1614         311.105 Florida Seaport Environmental Management Committee;
 1615  permitting; mitigation.—
 1616         (2) Each application for a permit authorized pursuant to s.
 1617  403.061(38) s. 403.061(37) must include:
 1618         (a) A description of maintenance dredging activities to be
 1619  conducted and proposed methods of dredged-material management.
 1620         (b) A characterization of the materials to be dredged and
 1621  the materials within dredged-material management sites.
 1622         (c) A description of dredged-material management sites and
 1623  plans.
 1624         (d) A description of measures to be undertaken, including
 1625  environmental compliance monitoring, to minimize adverse
 1626  environmental effects of maintenance dredging and dredged
 1627  material management.
 1628         (e) Such scheduling information as is required to
 1629  facilitate state supplementary funding of federal maintenance
 1630  dredging and dredged-material management programs consistent
 1631  with beach restoration criteria of the Department of
 1632  Environmental Protection.
 1633         (3) Each application for a permit authorized pursuant to s.
 1634  403.061(39) s. 403.061(38) must include the provisions of
 1635  paragraphs (2)(b)-(e) and the following:
 1636         (a) A description of dredging and dredged-material
 1637  management and other related activities associated with port
 1638  development, including the expansion of navigation channels,
 1639  dredged-material management sites, port harbors, turning basins,
 1640  harbor berths, and associated facilities.
 1641         (b) A discussion of environmental mitigation as is proposed
 1642  for dredging and dredged-material management for port
 1643  development, including the expansion of navigation channels,
 1644  dredged-material management sites, port harbors, turning basins,
 1645  harbor berths, and associated facilities.
 1646         (6) Dredged-material management activities authorized
 1647  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 1648  shall be incorporated into port master plans developed pursuant
 1649  to s. 163.3178(2)(k).
 1650         Section 25. Paragraph (d) of subsection (1) of section
 1651  327.46, Florida Statutes, is amended to read:
 1652         327.46 Boating-restricted areas.—
 1653         (1) Boating-restricted areas, including, but not limited
 1654  to, restrictions of vessel speeds and vessel traffic, may be
 1655  established on the waters of this state for any purpose
 1656  necessary to protect the safety of the public if such
 1657  restrictions are necessary based on boating accidents,
 1658  visibility, hazardous currents or water levels, vessel traffic
 1659  congestion, or other navigational hazards or to protect
 1660  seagrasses on privately owned submerged lands.
 1661         (d) Owners of private submerged lands that are adjacent to
 1662  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 1663  403.061(27), or an aquatic preserve established under ss.
 1664  258.39-258.399 may request that the commission establish
 1665  boating-restricted areas solely to protect any seagrass and
 1666  contiguous seagrass habitat within their private property
 1667  boundaries from seagrass scarring due to propeller dredging.
 1668  Owners making a request pursuant to this paragraph must
 1669  demonstrate to the commission clear ownership of the submerged
 1670  lands. The commission shall adopt rules to implement this
 1671  paragraph, including, but not limited to, establishing an
 1672  application process and criteria for meeting the requirements of
 1673  this paragraph. Each approved boating-restricted area shall be
 1674  established by commission rule. For marking boating-restricted
 1675  zones established pursuant to this paragraph, owners of
 1676  privately submerged lands shall apply to the commission for a
 1677  uniform waterway marker permit in accordance with ss. 327.40 and
 1678  327.41, and shall be responsible for marking the boating
 1679  restricted zone in accordance with the terms of the permit.
 1680         Section 26. Paragraph (d) of subsection (3) of section
 1681  373.250, Florida Statutes, is amended to read:
 1682         373.250 Reuse of reclaimed water.—
 1683         (3)
 1684         (d) The South Florida Water Management District shall
 1685  require the use of reclaimed water made available by the
 1686  elimination of wastewater ocean outfall discharges as provided
 1687  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 1688  groundwater when the use of reclaimed water is available; is
 1689  environmentally, economically, and technically feasible; and is
 1690  of such quality and reliability as is necessary to the user.
 1691  Such reclaimed water may also be required in lieu of other
 1692  alternative sources. In determining whether to require such
 1693  reclaimed water in lieu of other alternative sources, the water
 1694  management district shall consider existing infrastructure
 1695  investments in place or obligated to be constructed by an
 1696  executed contract or similar binding agreement as of July 1,
 1697  2011, for the development of other alternative sources.
 1698         Section 27. Subsection (9) of section 373.414, Florida
 1699  Statutes, is amended to read:
 1700         373.414 Additional criteria for activities in surface
 1701  waters and wetlands.—
 1702         (9) The department and the governing boards, on or before
 1703  July 1, 1994, shall adopt rules to incorporate the provisions of
 1704  this section, relying primarily on the existing rules of the
 1705  department and the water management districts, into the rules
 1706  governing the management and storage of surface waters. Such
 1707  rules shall seek to achieve a statewide, coordinated and
 1708  consistent permitting approach to activities regulated under
 1709  this part. Variations in permitting criteria in the rules of
 1710  individual water management districts or the department shall
 1711  only be provided to address differing physical or natural
 1712  characteristics. Such rules adopted pursuant to this subsection
 1713  shall include the special criteria adopted pursuant to s.
 1714  403.061(30) s. 403.061(29) and may include the special criteria
 1715  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 1716  shall include a provision requiring that a notice of intent to
 1717  deny or a permit denial based upon this section shall contain an
 1718  explanation of the reasons for such denial and an explanation,
 1719  in general terms, of what changes, if any, are necessary to
 1720  address such reasons for denial. Such rules may establish
 1721  exemptions and general permits, if such exemptions and general
 1722  permits do not allow significant adverse impacts to occur
 1723  individually or cumulatively. Such rules may require submission
 1724  of proof of financial responsibility which may include the
 1725  posting of a bond or other form of surety prior to the
 1726  commencement of construction to provide reasonable assurance
 1727  that any activity permitted pursuant to this section, including
 1728  any mitigation for such permitted activity, will be completed in
 1729  accordance with the terms and conditions of the permit once the
 1730  construction is commenced. Until rules adopted pursuant to this
 1731  subsection become effective, existing rules adopted under this
 1732  part and rules adopted pursuant to the authority of ss. 403.91
 1733  403.929 shall be deemed authorized under this part and shall
 1734  remain in full force and effect. Neither the department nor the
 1735  governing boards are limited or prohibited from amending any
 1736  such rules.
 1737         Section 28. Paragraph (b) of subsection (4) of section
 1738  373.705, Florida Statutes, is amended to read:
 1739         373.705 Water resource development; water supply
 1740  development.—
 1741         (4)
 1742         (b) Water supply development projects that meet the
 1743  criteria in paragraph (a) and that meet one or more of the
 1744  following additional criteria shall be given first consideration
 1745  for state or water management district funding assistance:
 1746         1. The project brings about replacement of existing sources
 1747  in order to help implement a minimum flow or minimum water
 1748  level;
 1749         2. The project implements reuse that assists in the
 1750  elimination of domestic wastewater ocean outfalls as provided in
 1751  s. 403.086(10) s. 403.086(9); or
 1752         3. The project reduces or eliminates the adverse effects of
 1753  competition between legal users and the natural system.
 1754         Section 29. Paragraph (f) of subsection (8) of section
 1755  373.707, Florida Statutes, is amended to read:
 1756         373.707 Alternative water supply development.—
 1757         (8)
 1758         (f) The governing boards shall determine those projects
 1759  that will be selected for financial assistance. The governing
 1760  boards may establish factors to determine project funding;
 1761  however, significant weight shall be given to the following
 1762  factors:
 1763         1. Whether the project provides substantial environmental
 1764  benefits by preventing or limiting adverse water resource
 1765  impacts.
 1766         2. Whether the project reduces competition for water
 1767  supplies.
 1768         3. Whether the project brings about replacement of
 1769  traditional sources in order to help implement a minimum flow or
 1770  level or a reservation.
 1771         4. Whether the project will be implemented by a consumptive
 1772  use permittee that has achieved the targets contained in a goal
 1773  based water conservation program approved pursuant to s.
 1774  373.227.
 1775         5. The quantity of water supplied by the project as
 1776  compared to its cost.
 1777         6. Projects in which the construction and delivery to end
 1778  users of reuse water is a major component.
 1779         7. Whether the project will be implemented by a
 1780  multijurisdictional water supply entity or regional water supply
 1781  authority.
 1782         8. Whether the project implements reuse that assists in the
 1783  elimination of domestic wastewater ocean outfalls as provided in
 1784  s. 403.086(10) s. 403.086(9).
 1785         9. Whether the county or municipality, or the multiple
 1786  counties or municipalities, in which the project is located has
 1787  implemented a high-water recharge protection tax assessment
 1788  program as provided in s. 193.625.
 1789         Section 30. Subsection (4) of section 373.709, Florida
 1790  Statutes, is amended to read:
 1791         373.709 Regional water supply planning.—
 1792         (4) The South Florida Water Management District shall
 1793  include in its regional water supply plan water resource and
 1794  water supply development projects that promote the elimination
 1795  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 1796  403.086(9).
 1797         Section 31. Subsection (3) of section 373.807, Florida
 1798  Statutes, is amended to read:
 1799         373.807 Protection of water quality in Outstanding Florida
 1800  Springs.—By July 1, 2016, the department shall initiate
 1801  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 1802  Springs or spring systems for which an impairment determination
 1803  has not been made under the numeric nutrient standards in effect
 1804  for spring vents. Assessments must be completed by July 1, 2018.
 1805         (3) As part of a basin management action plan that includes
 1806  an Outstanding Florida Spring, the department, the Department of
 1807  Health, relevant local governments, and relevant local public
 1808  and private wastewater utilities shall develop an onsite sewage
 1809  treatment and disposal system remediation plan for a spring if
 1810  the department determines onsite sewage treatment and disposal
 1811  systems within a priority focus area contribute at least 20
 1812  percent of nonpoint source nitrogen pollution or if the
 1813  department determines remediation is necessary to achieve the
 1814  total maximum daily load. The plan shall identify cost-effective
 1815  and financially feasible projects necessary to reduce the
 1816  nutrient impacts from onsite sewage treatment and disposal
 1817  systems and shall be completed and adopted as part of the basin
 1818  management action plan no later than the first 5-year milestone
 1819  required by subparagraph (1)(b)8. The department is the lead
 1820  agency in coordinating the preparation of and the adoption of
 1821  the plan. The department shall:
 1822         (a) Collect and evaluate credible scientific information on
 1823  the effect of nutrients, particularly forms of nitrogen, on
 1824  springs and springs systems; and
 1825         (b) Develop a public education plan to provide area
 1826  residents with reliable, understandable information about onsite
 1827  sewage treatment and disposal systems and springs.
 1828  
 1829  In addition to the requirements in s. 403.067, the plan shall
 1830  include options for repair, upgrade, replacement, drainfield
 1831  modification, addition of effective nitrogen reducing features,
 1832  connection to a central sewerage system, or other action for an
 1833  onsite sewage treatment and disposal system or group of systems
 1834  within a priority focus area that contribute at least 20 percent
 1835  of nonpoint source nitrogen pollution or if the department
 1836  determines remediation is necessary to achieve a total maximum
 1837  daily load. For these systems, the department shall include in
 1838  the plan a priority ranking for each system or group of systems
 1839  that requires remediation and shall award funds to implement the
 1840  remediation projects contingent on an appropriation in the
 1841  General Appropriations Act, which may include all or part of the
 1842  costs necessary for repair, upgrade, replacement, drainfield
 1843  modification, addition of effective nitrogen reducing features,
 1844  initial connection to a central sewerage system, or other
 1845  action. In awarding funds, the department may consider expected
 1846  nutrient reduction benefit per unit cost, size and scope of
 1847  project, relative local financial contribution to the project,
 1848  and the financial impact on property owners and the community.
 1849  The department may waive matching funding requirements for
 1850  proposed projects within an area designated as a rural area of
 1851  opportunity under s. 288.0656.
 1852         Section 32. Paragraph (k) of subsection (1) of section
 1853  376.307, Florida Statutes, is amended to read:
 1854         376.307 Water Quality Assurance Trust Fund.—
 1855         (1) The Water Quality Assurance Trust Fund is intended to
 1856  serve as a broad-based fund for use in responding to incidents
 1857  of contamination that pose a serious danger to the quality of
 1858  groundwater and surface water resources or otherwise pose a
 1859  serious danger to the public health, safety, or welfare. Moneys
 1860  in this fund may be used:
 1861         (k) For funding activities described in s. 403.086(10) s.
 1862  403.086(9) which are authorized for implementation under the
 1863  Leah Schad Memorial Ocean Outfall Program.
 1864         Section 33. Paragraph (i) of subsection (2), paragraph (b)
 1865  of subsection (4), paragraph (j) of subsection (7), and
 1866  paragraph (a) of subsection (9) of section 380.0552, Florida
 1867  Statutes, are amended to read:
 1868         380.0552 Florida Keys Area; protection and designation as
 1869  area of critical state concern.—
 1870         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1871  to:
 1872         (i) Protect and improve the nearshore water quality of the
 1873  Florida Keys through federal, state, and local funding of water
 1874  quality improvement projects, including the construction and
 1875  operation of wastewater management facilities that meet the
 1876  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 1877  as applicable.
 1878         (4) REMOVAL OF DESIGNATION.—
 1879         (b) Beginning November 30, 2010, the state land planning
 1880  agency shall annually submit a written report to the
 1881  Administration Commission describing the progress of the Florida
 1882  Keys Area toward completing the work program tasks specified in
 1883  commission rules. The land planning agency shall recommend
 1884  removing the Florida Keys Area from being designated as an area
 1885  of critical state concern to the commission if it determines
 1886  that:
 1887         1. All of the work program tasks have been completed,
 1888  including construction of, operation of, and connection to
 1889  central wastewater management facilities pursuant to s.
 1890  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 1891  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 1892         2. All local comprehensive plans and land development
 1893  regulations and the administration of such plans and regulations
 1894  are adequate to protect the Florida Keys Area, fulfill the
 1895  legislative intent specified in subsection (2), and are
 1896  consistent with and further the principles guiding development;
 1897  and
 1898         3. A local government has adopted a resolution at a public
 1899  hearing recommending the removal of the designation.
 1900         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 1901  and local agencies and units of government in the Florida Keys
 1902  Area shall coordinate their plans and conduct their programs and
 1903  regulatory activities consistent with the principles for guiding
 1904  development as specified in chapter 27F-8, Florida
 1905  Administrative Code, as amended effective August 23, 1984, which
 1906  is adopted and incorporated herein by reference. For the
 1907  purposes of reviewing the consistency of the adopted plan, or
 1908  any amendments to that plan, with the principles for guiding
 1909  development, and any amendments to the principles, the
 1910  principles shall be construed as a whole and specific provisions
 1911  may not be construed or applied in isolation from the other
 1912  provisions. However, the principles for guiding development are
 1913  repealed 18 months from July 1, 1986. After repeal, any plan
 1914  amendments must be consistent with the following principles:
 1915         (j) Ensuring the improvement of nearshore water quality by
 1916  requiring the construction and operation of wastewater
 1917  management facilities that meet the requirements of ss.
 1918  381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
 1919  and by directing growth to areas served by central wastewater
 1920  treatment facilities through permit allocation systems.
 1921         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 1922         (a) Any land development regulation or element of a local
 1923  comprehensive plan in the Florida Keys Area may be enacted,
 1924  amended, or rescinded by a local government, but the enactment,
 1925  amendment, or rescission becomes effective only upon approval by
 1926  the state land planning agency. The state land planning agency
 1927  shall review the proposed change to determine if it is in
 1928  compliance with the principles for guiding development specified
 1929  in chapter 27F-8, Florida Administrative Code, as amended
 1930  effective August 23, 1984, and must approve or reject the
 1931  requested changes within 60 days after receipt. Amendments to
 1932  local comprehensive plans in the Florida Keys Area must also be
 1933  reviewed for compliance with the following:
 1934         1. Construction schedules and detailed capital financing
 1935  plans for wastewater management improvements in the annually
 1936  adopted capital improvements element, and standards for the
 1937  construction of wastewater treatment and disposal facilities or
 1938  collection systems that meet or exceed the criteria in s.
 1939  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 1940  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 1941  disposal systems.
 1942         2. Goals, objectives, and policies to protect public safety
 1943  and welfare in the event of a natural disaster by maintaining a
 1944  hurricane evacuation clearance time for permanent residents of
 1945  no more than 24 hours. The hurricane evacuation clearance time
 1946  shall be determined by a hurricane evacuation study conducted in
 1947  accordance with a professionally accepted methodology and
 1948  approved by the state land planning agency.
 1949         Section 34. Effective July 1, 2021, subsections (7) and
 1950  (18) of section 381.006, Florida Statutes, are amended to read:
 1951         381.006 Environmental health.—The department shall conduct
 1952  an environmental health program as part of fulfilling the
 1953  state’s public health mission. The purpose of this program is to
 1954  detect and prevent disease caused by natural and manmade factors
 1955  in the environment. The environmental health program shall
 1956  include, but not be limited to:
 1957         (7) An onsite sewage treatment and disposal function.
 1958         (17)(18) A food service inspection function for domestic
 1959  violence centers that are certified by the Department of
 1960  Children and Families and monitored by the Florida Coalition
 1961  Against Domestic Violence under part XII of chapter 39 and group
 1962  care homes as described in subsection (15) (16), which shall be
 1963  conducted annually and be limited to the requirements in
 1964  department rule applicable to community-based residential
 1965  facilities with five or fewer residents.
 1966  
 1967  The department may adopt rules to carry out the provisions of
 1968  this section.
 1969         Section 35. Effective July 1, 2021, subsection (1) of
 1970  section 381.0061, Florida Statutes, is amended to read:
 1971         381.0061 Administrative fines.—
 1972         (1) In addition to any administrative action authorized by
 1973  chapter 120 or by other law, the department may impose a fine,
 1974  which may shall not exceed $500 for each violation, for a
 1975  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 1976  381.0066, s. 381.0072, or part III of chapter 489, for a
 1977  violation of any rule adopted under this chapter, or for a
 1978  violation of any of the provisions of chapter 386. Notice of
 1979  intent to impose such fine shall be given by the department to
 1980  the alleged violator. Each day that a violation continues may
 1981  constitute a separate violation.
 1982         Section 36. Effective July 1, 2021, subsection (1) of
 1983  section 381.0064, Florida Statutes, is amended to read:
 1984         381.0064 Continuing education courses for persons
 1985  installing or servicing septic tanks.—
 1986         (1) The Department of Environmental Protection Health shall
 1987  establish a program for continuing education which meets the
 1988  purposes of ss. 381.0101 and 489.554 regarding the public health
 1989  and environmental effects of onsite sewage treatment and
 1990  disposal systems and any other matters the department determines
 1991  desirable for the safe installation and use of onsite sewage
 1992  treatment and disposal systems. The department may charge a fee
 1993  to cover the cost of such program.
 1994         Section 37. Effective July 1, 2021, paragraph (d) of
 1995  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 1996  of subsection (9) of section 381.00651, Florida Statutes, are
 1997  amended to read:
 1998         381.00651 Periodic evaluation and assessment of onsite
 1999  sewage treatment and disposal systems.—
 2000         (7) The following procedures shall be used for conducting
 2001  evaluations:
 2002         (d) Assessment procedure.—All evaluation procedures used by
 2003  a qualified contractor shall be documented in the environmental
 2004  health database of the Department of Environmental Protection
 2005  Health. The qualified contractor shall provide a copy of a
 2006  written, signed evaluation report to the property owner upon
 2007  completion of the evaluation and to the county health department
 2008  within 30 days after the evaluation. The report must shall
 2009  contain the name and license number of the company providing the
 2010  report. A copy of the evaluation report shall be retained by the
 2011  local county health department for a minimum of 5 years and
 2012  until a subsequent inspection report is filed. The front cover
 2013  of the report must identify any system failure and include a
 2014  clear and conspicuous notice to the owner that the owner has a
 2015  right to have any remediation of the failure performed by a
 2016  qualified contractor other than the contractor performing the
 2017  evaluation. The report must further identify any crack, leak,
 2018  improper fit, or other defect in the tank, manhole, or lid, and
 2019  any other damaged or missing component; any sewage or effluent
 2020  visible on the ground or discharging to a ditch or other surface
 2021  water body; any downspout, stormwater, or other source of water
 2022  directed onto or toward the system; and any other maintenance
 2023  need or condition of the system at the time of the evaluation
 2024  which, in the opinion of the qualified contractor, would
 2025  possibly interfere with or restrict any future repair or
 2026  modification to the existing system. The report shall conclude
 2027  with an overall assessment of the fundamental operational
 2028  condition of the system.
 2029         (8) The county health department, in coordination with the
 2030  department, shall administer any evaluation program on behalf of
 2031  a county, or a municipality within the county, that has adopted
 2032  an evaluation program pursuant to this section. In order to
 2033  administer the evaluation program, the county or municipality,
 2034  in consultation with the county health department, may develop a
 2035  reasonable fee schedule to be used solely to pay for the costs
 2036  of administering the evaluation program. Such a fee schedule
 2037  shall be identified in the ordinance that adopts the evaluation
 2038  program. When arriving at a reasonable fee schedule, the
 2039  estimated annual revenues to be derived from fees may not exceed
 2040  reasonable estimated annual costs of the program. Fees shall be
 2041  assessed to the system owner during an inspection and separately
 2042  identified on the invoice of the qualified contractor. Fees
 2043  shall be remitted by the qualified contractor to the county
 2044  health department. The county health department’s administrative
 2045  responsibilities include the following:
 2046         (a) Providing a notice to the system owner at least 60 days
 2047  before the system is due for an evaluation. The notice may
 2048  include information on the proper maintenance of onsite sewage
 2049  treatment and disposal systems.
 2050         (b) In consultation with the department of Health,
 2051  providing uniform disciplinary procedures and penalties for
 2052  qualified contractors who do not comply with the requirements of
 2053  the adopted ordinance, including, but not limited to, failure to
 2054  provide the evaluation report as required in this subsection to
 2055  the system owner and the county health department. Only the
 2056  county health department may assess penalties against system
 2057  owners for failure to comply with the adopted ordinance,
 2058  consistent with existing requirements of law.
 2059         (9)
 2060         (b) Upon receipt of the notice under paragraph (a), the
 2061  department of Environmental Protection shall, within existing
 2062  resources, notify the county or municipality of the potential
 2063  use of, and access to, program funds under the Clean Water State
 2064  Revolving Fund or s. 319 of the Clean Water Act, provide
 2065  guidance in the application process to receive such moneys, and
 2066  provide advice and technical assistance to the county or
 2067  municipality on how to establish a low-interest revolving loan
 2068  program or how to model a revolving loan program after the low
 2069  interest loan program of the Clean Water State Revolving Fund.
 2070  This paragraph does not obligate the department of Environmental
 2071  Protection to provide any county or municipality with money to
 2072  fund such programs.
 2073         (c) The department of Health may not adopt any rule that
 2074  alters the provisions of this section.
 2075         (d) The department of Health must allow county health
 2076  departments and qualified contractors access to the
 2077  environmental health database to track relevant information and
 2078  assimilate data from assessment and evaluation reports of the
 2079  overall condition of onsite sewage treatment and disposal
 2080  systems. The environmental health database must be used by
 2081  contractors to report each service and evaluation event and by a
 2082  county health department to notify owners of onsite sewage
 2083  treatment and disposal systems when evaluations are due. Data
 2084  and information must be recorded and updated as service and
 2085  evaluations are conducted and reported.
 2086         Section 38. Paragraph (g) of subsection (1) of section
 2087  381.0101, Florida Statutes, is amended to read:
 2088         381.0101 Environmental health professionals.—
 2089         (1) DEFINITIONS.—As used in this section:
 2090         (g) “Primary environmental health program” means those
 2091  programs determined by the department to be essential for
 2092  providing basic environmental and sanitary protection to the
 2093  public. At a minimum, these programs shall include food
 2094  protection program work and onsite sewage treatment and disposal
 2095  system evaluations.
 2096         Section 39. Section 403.08601, Florida Statutes, is amended
 2097  to read:
 2098         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 2099  Legislature declares that as funds become available the state
 2100  may assist the local governments and agencies responsible for
 2101  implementing the Leah Schad Memorial Ocean Outfall Program
 2102  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 2103  other sources provided for in law, the General Appropriations
 2104  Act, from gifts designated for implementation of the plan from
 2105  individuals, corporations, or other entities, or federal funds
 2106  appropriated by Congress for implementation of the plan, may be
 2107  deposited into an account of the Water Quality Assurance Trust
 2108  Fund.
 2109         Section 40. Section 403.0871, Florida Statutes, is amended
 2110  to read:
 2111         403.0871 Florida Permit Fee Trust Fund.—There is
 2112  established within the department a nonlapsing trust fund to be
 2113  known as the “Florida Permit Fee Trust Fund.” All funds received
 2114  from applicants for permits pursuant to ss. 161.041, 161.053,
 2115  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 2116  deposited in the Florida Permit Fee Trust Fund and shall be used
 2117  by the department with the advice and consent of the Legislature
 2118  to supplement appropriations and other funds received by the
 2119  department for the administration of its responsibilities under
 2120  this chapter and chapter 161. In no case shall funds from the
 2121  Florida Permit Fee Trust Fund be used for salary increases
 2122  without the approval of the Legislature.
 2123         Section 41. Paragraph (a) of subsection (11) of section
 2124  403.0872, Florida Statutes, is amended to read:
 2125         403.0872 Operation permits for major sources of air
 2126  pollution; annual operation license fee.—Provided that program
 2127  approval pursuant to 42 U.S.C. s. 7661a has been received from
 2128  the United States Environmental Protection Agency, beginning
 2129  January 2, 1995, each major source of air pollution, including
 2130  electrical power plants certified under s. 403.511, must obtain
 2131  from the department an operation permit for a major source of
 2132  air pollution under this section. This operation permit is the
 2133  only department operation permit for a major source of air
 2134  pollution required for such source; provided, at the applicant’s
 2135  request, the department shall issue a separate acid rain permit
 2136  for a major source of air pollution that is an affected source
 2137  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 2138  for major sources of air pollution, except general permits
 2139  issued pursuant to s. 403.814, must be issued in accordance with
 2140  the procedures contained in this section and in accordance with
 2141  chapter 120; however, to the extent that chapter 120 is
 2142  inconsistent with the provisions of this section, the procedures
 2143  contained in this section prevail.
 2144         (11) Each major source of air pollution permitted to
 2145  operate in this state must pay between January 15 and April 1 of
 2146  each year, upon written notice from the department, an annual
 2147  operation license fee in an amount determined by department
 2148  rule. The annual operation license fee shall be terminated
 2149  immediately in the event the United States Environmental
 2150  Protection Agency imposes annual fees solely to implement and
 2151  administer the major source air-operation permit program in
 2152  Florida under 40 C.F.R. s. 70.10(d).
 2153         (a) The annual fee must be assessed based upon the source’s
 2154  previous year’s emissions and must be calculated by multiplying
 2155  the applicable annual operation license fee factor times the
 2156  tons of each regulated air pollutant actually emitted, as
 2157  calculated in accordance with the department’s emissions
 2158  computation and reporting rules. The annual fee shall only apply
 2159  to those regulated pollutants, except carbon monoxide and
 2160  greenhouse gases, for which an allowable numeric emission
 2161  limiting standard is specified in the source’s most recent
 2162  construction or operation permit; provided, however, that:
 2163         1. The license fee factor is $25 or another amount
 2164  determined by department rule which ensures that the revenue
 2165  provided by each year’s operation license fees is sufficient to
 2166  cover all reasonable direct and indirect costs of the major
 2167  stationary source air-operation permit program established by
 2168  this section. The license fee factor may be increased beyond $25
 2169  only if the secretary of the department affirmatively finds that
 2170  a shortage of revenue for support of the major stationary source
 2171  air-operation permit program will occur in the absence of a fee
 2172  factor adjustment. The annual license fee factor may never
 2173  exceed $35.
 2174         2. The amount of each regulated air pollutant in excess of
 2175  4,000 tons per year emitted by any source, or group of sources
 2176  belonging to the same Major Group as described in the Standard
 2177  Industrial Classification Manual, 1987, may not be included in
 2178  the calculation of the fee. Any source, or group of sources,
 2179  which does not emit any regulated air pollutant in excess of
 2180  4,000 tons per year, is allowed a one-time credit not to exceed
 2181  25 percent of the first annual licensing fee for the prorated
 2182  portion of existing air-operation permit application fees
 2183  remaining upon commencement of the annual licensing fees.
 2184         3. If the department has not received the fee by March 1 of
 2185  the calendar year, the permittee must be sent a written warning
 2186  of the consequences for failing to pay the fee by April 1. If
 2187  the fee is not postmarked by April 1 of the calendar year, the
 2188  department shall impose, in addition to the fee, a penalty of 50
 2189  percent of the amount of the fee, plus interest on such amount
 2190  computed in accordance with s. 220.807. The department may not
 2191  impose such penalty or interest on any amount underpaid,
 2192  provided that the permittee has timely remitted payment of at
 2193  least 90 percent of the amount determined to be due and remits
 2194  full payment within 60 days after receipt of notice of the
 2195  amount underpaid. The department may waive the collection of
 2196  underpayment and may shall not be required to refund overpayment
 2197  of the fee, if the amount due is less than 1 percent of the fee,
 2198  up to $50. The department may revoke any major air pollution
 2199  source operation permit if it finds that the permitholder has
 2200  failed to timely pay any required annual operation license fee,
 2201  penalty, or interest.
 2202         4. Notwithstanding the computational provisions of this
 2203  subsection, the annual operation license fee for any source
 2204  subject to this section may shall not be less than $250, except
 2205  that the annual operation license fee for sources permitted
 2206  solely through general permits issued under s. 403.814 may shall
 2207  not exceed $50 per year.
 2208         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 2209  the provisions of s. 403.087(6)(a)5.a., authorizing air
 2210  pollution construction permit fees, the department may not
 2211  require such fees for changes or additions to a major source of
 2212  air pollution permitted pursuant to this section, unless the
 2213  activity triggers permitting requirements under Title I, Part C
 2214  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 2215  7514a. Costs to issue and administer such permits shall be
 2216  considered direct and indirect costs of the major stationary
 2217  source air-operation permit program under s. 403.0873. The
 2218  department shall, however, require fees pursuant to s.
 2219  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 2220  construction of a new major source of air pollution that will be
 2221  subject to the permitting requirements of this section once
 2222  constructed and for activities triggering permitting
 2223  requirements under Title I, Part C or Part D, of the federal
 2224  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 2225  
 2226  ================= T I T L E  A M E N D M E N T ================
 2227  And the title is amended as follows:
 2228         Delete lines 104 - 113
 2229  and insert:
 2230         amending s. 403.121, F.S.; increasing and providing
 2231         administrative penalties; amending s. 403.1835, F.S.;
 2232         conforming a cross-reference; requiring the department
 2233         to give priority for water pollution control financial
 2234         assistance to projects that implement certain
 2235         provisions and that promote efficiency; amending s.
 2236         403.1838, F.S.; revising requirements for the
 2237         prioritization of grant applications within the Small
 2238         Community Sewer Construction Assistance Act; providing
 2239         a declaration of important state interest; amending
 2240         ss. 153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
 2241         373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
 2242         376.307, 380.0552, 381.006, 381.0061, 381.0064,
 2243         381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
 2244         403.707, 403.861, 489.551, and 590.02, F.S.;