Florida Senate - 2020                       CS for CS for SB 712
       
       
        
       By the Committees on Appropriations; and Community Affairs; and
       Senators Mayfield, Harrell, and Albritton
       
       
       
       
       576-03987-20                                           2020712c2
    1                        A bill to be entitled                      
    2         An act relating to environmental resource management;
    3         providing a short title; requiring the Department of
    4         Health to provide a specified report to the Governor
    5         and the Legislature by a specified date; requiring the
    6         Department of Health and the Department of
    7         Environmental Protection to submit to the Governor and
    8         the Legislature, by a specified date, certain
    9         recommendations relating to the transfer of the Onsite
   10         Sewage Program; requiring the departments to enter
   11         into an interagency agreement that meets certain
   12         requirements by a specified date; transferring the
   13         Onsite Sewage Program within the Department of Health
   14         to the Department of Environmental Protection by a
   15         type two transfer by a specified date; providing that
   16         certain employees retain and transfer certain types of
   17         leave upon the transfer; amending s. 20.255, F.S.;
   18         reducing the number of members of the Cabinet required
   19         concur with the Governor’s appointment of the
   20         Secretary of Environmental Protection; amending s.
   21         373.036, F.S.; requiring water management districts to
   22         submit consolidated annual reports to the Office of
   23         Economic and Demographic Research; requiring such
   24         reports to include connection and conversion projects
   25         for onsite sewage treatment and disposal systems;
   26         amending s. 373.223, F.S.; requiring a consumptive use
   27         permit to use water derived from a spring for bottled
   28         water to meet certain requirements before approval;
   29         providing for the expiration of such requirements;
   30         requiring the Department of Environmental Protection,
   31         in coordination with the water management districts,
   32         to conduct a study on the bottled water industry in
   33         this state; providing requirements for the study;
   34         requiring the department to submit a report containing
   35         the findings of the study to the Governor, the
   36         Legislature, and the Office of Economic and
   37         Demographic Research by a specified date; defining the
   38         terms “bottled water” and “water derived from a
   39         spring”; amending s. 373.4131, F.S.; requiring the
   40         Department of Environmental Protection to include
   41         stormwater structural control inspections as part of
   42         its regular staff training; requiring the department
   43         and the water management districts to adopt rules
   44         regarding stormwater design and operation by a
   45         specified date; requiring the department to evaluate
   46         data relating to self-certification and provide the
   47         Legislature with recommendations; amending s.
   48         381.0065, F.S.; conforming provisions to changes made
   49         by the act; requiring the department to adopt rules
   50         for the location of onsite sewage treatment and
   51         disposal systems and complete such rulemaking by a
   52         specified date; requiring the department to evaluate
   53         certain data relating to the self-certification
   54         program and provide the Legislature with
   55         recommendations by a specified date; providing that
   56         certain provisions relating to existing setback
   57         requirements are applicable to permits only until the
   58         adoption of certain rules by the department; removing
   59         provisions establishing a Department of Health onsite
   60         sewage treatment and disposal system research review
   61         and advisory committee; requiring the department to
   62         implement a specified approval process for the use of
   63         nutrient reducing onsite sewage treatment and disposal
   64         systems standards; creating s. 381.00652, F.S.;
   65         creating an onsite sewage treatment and disposal
   66         systems technical advisory committee within the
   67         department; providing the duties and membership of the
   68         committee; requiring the committee to submit
   69         recommendations to the Governor and the Legislature by
   70         a specified date; providing for the expiration of the
   71         committee; defining a term; repealing s. 381.0068,
   72         F.S., relating to a technical review and advisory
   73         panel; amending s. 403.061, F.S.; requiring the
   74         department to adopt rules relating to the underground
   75         pipes of wastewater collection systems; requiring
   76         public utilities or their affiliated companies that
   77         hold or are seeking a wastewater discharge permit to
   78         file certain reports and data with the department;
   79         creating s. 403.0616, F.S.; requiring the department,
   80         subject to legislative appropriation, to establish a
   81         real-time water quality monitoring program;
   82         encouraging the formation of public-private
   83         partnerships; amending s. 403.067, F.S.; requiring
   84         basin management action plans for nutrient total
   85         maximum daily loads to include wastewater treatment
   86         and onsite sewage treatment and disposal system
   87         remediation plans that meet certain requirements;
   88         requiring the Department of Agriculture and Consumer
   89         Services to collect fertilization and nutrient records
   90         from certain agricultural producers and provide the
   91         information to the department annually by a specified
   92         date; requiring the Department of Agriculture and
   93         Consumer Services to perform onsite inspections of the
   94         agricultural producers at specified intervals;
   95         providing an additional management strategy for basin
   96         management action plans to include cooperative
   97         agricultural regional water quality improvement
   98         elements; providing requirements for the Department of
   99         Environmental Protection, the Department of
  100         Agriculture and Consumer Services, and owners of
  101         agricultural operations in developing and implementing
  102         such elements; requiring certain entities to develop
  103         research plans and legislative budget requests
  104         relating to best management practices by a specified
  105         date; creating s. 403.0671, F.S.; directing the
  106         Department of Environmental Protection, in
  107         coordination with the county health departments,
  108         wastewater treatment facilities, and other
  109         governmental entities, to submit a report on the costs
  110         of certain wastewater projects to the Governor and
  111         Legislature by a specified date; providing
  112         requirements for such report; requiring the department
  113         to submit a specified water quality monitoring
  114         assessment report to the Governor and the Legislature
  115         by a specified date; providing requirements for such
  116         report; requiring the department to annually submit
  117         certain wastewater project cost estimates to the
  118         Office of Economic and Demographic Research beginning
  119         on a specified date; creating s. 403.0673, F.S.;
  120         establishing a wastewater grant program within the
  121         Department of Environmental Protection; authorizing
  122         the department to distribute appropriated funds for
  123         certain projects; providing requirements for the
  124         distribution; requiring the department to coordinate
  125         with each water management district to identify grant
  126         recipients; requiring an annual report to the Governor
  127         and the Legislature by a specified date; creating s.
  128         403.0855, F.S.; providing legislative findings
  129         regarding the regulation of biosolids management in
  130         this state; requiring the Department of Environmental
  131         Protection to adopt rules for biosolids management;
  132         specifying requirements for certain existing permits
  133         and for permit renewals; requiring the permittee of a
  134         biosolids application site to establish a groundwater
  135         monitoring program under certain circumstances;
  136         prohibiting the land application of biosolids within a
  137         specified distance of the seasonal high-water table;
  138         defining the term “seasonal high water”; authorizing
  139         municipalities and counties to take certain actions
  140         with respect to regulation of the land application of
  141         specified biosolids; providing for a contingent
  142         repeal; amending s. 403.086, F.S.; prohibiting
  143         facilities for sanitary sewage disposal from disposing
  144         of any waste in the Indian River Lagoon beginning on a
  145         specified date without first providing advanced waste
  146         treatment; requiring the Department of Environmental
  147         Protection, in consultation with water management
  148         districts and sewage disposal facilities, to submit a
  149         report to the Governor and the Legislature on the
  150         status of certain facility upgrades; specifying
  151         requirements for the report; requiring facilities for
  152         sanitary sewage disposal to have a power outage
  153         contingency plan; requiring the facilities to take
  154         steps to prevent overflows and leaks and ensure that
  155         the water reaches the appropriate facility for
  156         treatment; requiring the facilities to provide the
  157         Department of Environmental Protection with certain
  158         information; requiring the department to adopt rules;
  159         amending s. 403.087, F.S.; requiring the department to
  160         issue operation permits for domestic wastewater
  161         treatment facilities to certain facilities under
  162         certain circumstances; amending s. 403.088, F.S.;
  163         revising the permit conditions for a water pollution
  164         operation permit; requiring the department to submit a
  165         report to the Governor and the Legislature by a
  166         specified date identifying all wastewater utilities
  167         that experienced sanitary sewer overflows within a
  168         specified timeframe; providing requirements for the
  169         report; amending s. 403.0891, F.S.; requiring model
  170         stormwater management programs to contain model
  171         ordinances for nutrient reduction practices and green
  172         infrastructure; amending s. 403.121, F.S.; increasing
  173         and providing administrative penalties; amending s.
  174         403.1835, F.S.; conforming a cross-reference;
  175         requiring the department to give priority for water
  176         pollution control financial assistance to projects
  177         that implement certain provisions and that promote
  178         efficiency; amending s. 403.1838, F.S.; revising
  179         requirements for the prioritization of grant
  180         applications within the Small Community Sewer
  181         Construction Assistance Act; amending s. 403.412,
  182         F.S.; prohibiting local governments from recognizing
  183         or granting certain legal rights to the natural
  184         environment or granting such rights relating to the
  185         natural environment to a person or political
  186         subdivision; providing construction; providing a
  187         declaration of important state interest; amending ss.
  188         153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
  189         373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
  190         376.307, 380.0552, 381.006, 381.0061, 381.0064,
  191         381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
  192         403.707, 403.861, 489.551, and 590.02, F.S.;
  193         conforming cross-references and provisions to changes
  194         made by the act; providing a directive to the Division
  195         of Law Revision upon the adoption of certain rules by
  196         the Department of Environmental Protection; providing
  197         effective dates.
  198  
  199         WHEREAS, nutrients negatively impact groundwater and
  200  surface waters in this state and cause the proliferation of
  201  algal blooms, and
  202         WHEREAS, onsite sewage treatment and disposal systems were
  203  designed to manage human waste and are permitted by the
  204  Department of Health for that purpose, and
  205         WHEREAS, conventional onsite sewage treatment and disposal
  206  systems contribute nutrients to groundwater and surface waters
  207  across this state which can cause harmful blue-green algal
  208  blooms, and
  209         WHEREAS, many stormwater systems are designed primarily to
  210  divert and control stormwater rather than to remove pollutants,
  211  and
  212         WHEREAS, most existing stormwater system design criteria
  213  fail to consistently meet either the 80 percent or 95 percent
  214  target pollutant reduction goals established by the Department
  215  of Environmental Protection, and
  216         WHEREAS, other significant pollutants often can be removed
  217  from stormwater more easily than nutrients and, as a result,
  218  design criteria that provide the desired removal efficiencies
  219  for nutrients will likely achieve equal or better removal
  220  efficiencies for other constituents, and
  221         WHEREAS, the Department of Environmental Protection has
  222  found that the major causes of sanitary sewer overflows during
  223  storm events are infiltration, inflow, and acute power failures,
  224  and
  225         WHEREAS, the Department of Environmental Protection lacks
  226  statutory authority to regulate infiltration and inflow or to
  227  require that all lift stations constructed prior to 2003 have
  228  emergency backup power, and
  229         WHEREAS, sanitary sewer overflows and leaking
  230  infrastructure create both a human health concern and a nutrient
  231  pollution problem, and
  232         WHEREAS, the agricultural sector is a significant
  233  contributor to the excess delivery of nutrients to surface
  234  waters throughout this state and has been identified as the
  235  dominant source of both phosphorus and nitrogen within the Lake
  236  Okeechobee watershed and a number of other basin management
  237  action plan areas, and
  238         WHEREAS, only 75 percent of eligible agricultural parties
  239  within the Lake Okeechobee Basin Management Action Plan area are
  240  enrolled in an appropriate best management practice and
  241  enrollment numbers are considerably less in other basin
  242  management action plan areas, and
  243         WHEREAS, although agricultural best management practices,
  244  by design, should be technically feasible and economically
  245  viable, that does not imply that their adoption and full
  246  implementation, alone, will alleviate downstream water quality
  247  impairments, NOW, THEREFORE,
  248  
  249  Be It Enacted by the Legislature of the State of Florida:
  250  
  251         Section 1. This act may be cited as the “Clean Waterways
  252  Act.”
  253         Section 2. (1)By July 1, 2020, the Department of Health
  254  must provide a report to the Governor, the President of the
  255  Senate, and the Speaker of the House of Representatives
  256  detailing the following information regarding the Onsite Sewage
  257  Program:
  258         (a)The average number of permits issued each year;
  259         (b)The number of department employees conducting work on
  260  or related to the program each year; and
  261         (c)The program’s costs and expenditures, including, but
  262  not limited to, salaries and benefits, equipment costs, and
  263  contracting costs.
  264         (2)By December 31, 2020, the Department of Health and the
  265  Department of Environmental Protection shall submit
  266  recommendations to the Governor, the President of the Senate,
  267  and the Speaker of the House of Representatives regarding the
  268  transfer of the Onsite Sewage Program from the Department of
  269  Health to the Department of Environmental Protection. The
  270  recommendations must address all aspects of the transfer,
  271  including the continued role of the county health departments in
  272  the permitting, inspection, data management, and tracking of
  273  onsite sewage treatment and disposal systems under the direction
  274  of the Department of Environmental Protection.
  275         (3)By June 30, 2021, the Department of Health and the
  276  Department of Environmental Protection shall enter into an
  277  interagency agreement based on the Department of Health report
  278  required under subsection (2) and on recommendations from a plan
  279  that must address all agency cooperation for a period not less
  280  than 5 years after the transfer, including:
  281         (a)The continued role of the county health departments in
  282  the permitting, inspection, data management, and tracking of
  283  onsite sewage treatment and disposal systems under the direction
  284  of the Department of Environmental Protection.
  285         (b)The appropriate proportionate number of administrative,
  286  auditing, inspector general, attorney, and operational support
  287  positions, and their related funding levels and sources and
  288  assigned property, to be transferred from the Office of General
  289  Counsel, the Office of Inspector General, and the Division of
  290  Administrative Services or other relevant offices or divisions
  291  within the Department of Health to the Department of
  292  Environmental Protection.
  293         (c)The development of a recommended plan to address the
  294  transfer or shared use of buildings, regional offices, and other
  295  facilities used or owned by the Department of Health.
  296         (d)Any operating budget adjustments that are necessary to
  297  implement the requirements of this act. Adjustments made to the
  298  operating budgets of the agencies in the implementation of this
  299  act must be made in consultation with the appropriate
  300  substantive and fiscal committees of the Senate and the House of
  301  Representatives. The revisions to the approved operating budgets
  302  for the 2021-2022 fiscal year which are necessary to reflect the
  303  organizational changes made by this act must be implemented
  304  pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
  305  to s. 216.177, Florida Statutes. Subsequent adjustments between
  306  the Department of Health and the Department of Environmental
  307  Protection which are determined necessary by the respective
  308  agencies and approved by the Executive Office of the Governor
  309  are authorized and subject to s. 216.177, Florida Statutes. The
  310  appropriate substantive committees of the Senate and the House
  311  of Representatives must also be notified of the proposed
  312  revisions to ensure their consistency with legislative policy
  313  and intent.
  314         (4)Effective July 1, 2021, all powers, duties, functions,
  315  records, offices, personnel, associated administrative support
  316  positions, property, pending issues, existing contracts,
  317  administrative authority, administrative rules, and unexpended
  318  balances of appropriations, allocations, and other funds for the
  319  regulation of onsite sewage treatment and disposal systems
  320  relating to the Onsite Sewage Program in the Department of
  321  Health are transferred by a type two transfer, as defined in s.
  322  20.06(2), Florida Statutes, to the Department of Environmental
  323  Protection.
  324         (5)Notwithstanding chapter 60L-34, Florida Administrative
  325  Code, or any law to the contrary, employees who are transferred
  326  from the Department of Health to the Department of Environmental
  327  Protection to fill positions transferred by this act retain and
  328  transfer any accrued annual leave, sick leave, and regular and
  329  special compensatory leave balances.
  330         Section 3. Subsection (1) of section 20.255, Florida
  331  Statutes, is amended to read:
  332         20.255 Department of Environmental Protection.—There is
  333  created a Department of Environmental Protection.
  334         (1) The head of the Department of Environmental Protection
  335  shall be a secretary, who shall be appointed by the Governor,
  336  with the concurrence of one member three members of the Cabinet.
  337  The secretary shall be confirmed by the Florida Senate. The
  338  secretary shall serve at the pleasure of the Governor.
  339         Section 4. Paragraphs (a) and (b) of subsection (7) of
  340  section 373.036, Florida Statutes, are amended to read:
  341         373.036 Florida water plan; district water management
  342  plans.—
  343         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  344         (a) By March 1, annually, each water management district
  345  shall prepare and submit to the Office of Economic and
  346  Demographic Research, the department, the Governor, the
  347  President of the Senate, and the Speaker of the House of
  348  Representatives a consolidated water management district annual
  349  report on the management of water resources. In addition, copies
  350  must be provided by the water management districts to the chairs
  351  of all legislative committees having substantive or fiscal
  352  jurisdiction over the districts and the governing board of each
  353  county in the district having jurisdiction or deriving any funds
  354  for operations of the district. Copies of the consolidated
  355  annual report must be made available to the public, either in
  356  printed or electronic format.
  357         (b) The consolidated annual report shall contain the
  358  following elements, as appropriate to that water management
  359  district:
  360         1. A district water management plan annual report or the
  361  annual work plan report allowed in subparagraph (2)(e)4.
  362         2. The department-approved minimum flows and minimum water
  363  levels annual priority list and schedule required by s.
  364  373.042(3).
  365         3. The annual 5-year capital improvements plan required by
  366  s. 373.536(6)(a)3.
  367         4. The alternative water supplies annual report required by
  368  s. 373.707(8)(n).
  369         5. The final annual 5-year water resource development work
  370  program required by s. 373.536(6)(a)4.
  371         6. The Florida Forever Water Management District Work Plan
  372  annual report required by s. 373.199(7).
  373         7. The mitigation donation annual report required by s.
  374  373.414(1)(b)2.
  375         8. Information on all projects related to water quality or
  376  water quantity as part of a 5-year work program, including:
  377         a. A list of all specific projects identified to implement
  378  a basin management action plan, including any projects to
  379  connect onsite sewage treatment and disposal systems to central
  380  sewerage systems and convert onsite sewage treatment and
  381  disposal systems to enhanced nutrient reducing onsite sewage
  382  treatment and disposal systems, or a recovery or prevention
  383  strategy;
  384         b. A priority ranking for each listed project for which
  385  state funding through the water resources development work
  386  program is requested, which must be made available to the public
  387  for comment at least 30 days before submission of the
  388  consolidated annual report;
  389         c. The estimated cost for each listed project;
  390         d. The estimated completion date for each listed project;
  391         e. The source and amount of financial assistance to be made
  392  available by the department, a water management district, or
  393  other entity for each listed project; and
  394         f. A quantitative estimate of each listed project’s benefit
  395  to the watershed, water body, or water segment in which it is
  396  located.
  397         9. A grade for each watershed, water body, or water segment
  398  in which a project listed under subparagraph 8. is located
  399  representing the level of impairment and violations of adopted
  400  minimum flow or minimum water levels. The grading system must
  401  reflect the severity of the impairment of the watershed, water
  402  body, or water segment.
  403         Section 5. Subsections (7) and (8) are added to section
  404  373.223, Florida Statutes, to read:
  405         373.223 Conditions for a permit.—
  406         (7)A consumptive use permit to use water derived from a
  407  spring for bottled water as defined in s. 500.03 may only be
  408  approved by unanimous vote by the governing board finding that
  409  the applicant meets the criteria in subsection (1). This
  410  subsection shall expire on June 30, 2022.
  411         (8)The Department of Environmental Protection shall, in
  412  coordination with the water management districts, conduct a
  413  study on the bottled water industry in Florida.
  414         (a)The study must do all of the following:
  415         1.Identify all springs statewide that have an associated
  416  consumptive use permit for a bottled water facility producing
  417  its product with water derived from a spring as well as:
  418         a.The magnitude of the spring;
  419         b.Whether the spring has been identified as an Outstanding
  420  Florida Spring as defined in s. 373.802;
  421         c.Any department or water management district adopted
  422  minimum flow or minimum water levels, the status of any adopted
  423  minimum flow or minimum water levels, and any associated
  424  recovery or prevention strategy;
  425         d.The permitted and actual use associated with the
  426  consumptive use permits;
  427         e.The reduction in flow associated with the permitted and
  428  actual use associated with the consumptive use permits;
  429         f.The impact on springs of bottled water facilities as
  430  compared to other users; and
  431         g.Types of water conservation measures employed at bottled
  432  water facilities permitted to derive water from a spring.
  433         2.Identify the labeling and marketing regulations
  434  associated with the identification of bottled water as spring
  435  water, including whether these regulations incentivize the
  436  withdrawal of water from springs.
  437         3.Evaluate the direct and indirect economic benefits to
  438  the local communities resulting from bottled water facilities
  439  that derive water from springs, including but not limited to tax
  440  revenue, job creation and wages.
  441         4.Evaluate the direct and indirect costs to the local
  442  communities located in proximity to springs impacted by
  443  withdrawals from bottled water production, including, but not
  444  limited to, the decreased recreational value of the spring and
  445  the cost to other users for the development of alternative water
  446  supply or reductions in permit durations and allocations.
  447         5.Include a cost-benefit analysis of withdrawing,
  448  producing, marketing, selling, and consuming spring water as
  449  compared to other sources of bottled water.
  450         6.Evaluate how much bottled water derived from Florida
  451  springs is sold in this state.
  452         (b)The department shall submit a report containing the
  453  findings of the study to the Governor, the President of the
  454  Senate, the Speaker of the House of Representatives, and the
  455  Office of Economic and Demographic Research by June 30, 2021.
  456         (c)As used in this section, the term “bottled water” has
  457  the same meaning as in s. 500.03 and the term “water derived
  458  from a spring” means water derived from an underground formation
  459  from which water flows naturally to the surface of the earth in
  460  the manner described in 21 C.F.R. 165.110(a)(2)(vi).
  461         Section 6. Subsection (5) of section 373.4131, Florida
  462  Statutes, is amended, and subsection (6) is added to that
  463  section, to read:
  464         373.4131 Statewide environmental resource permitting
  465  rules.—
  466         (5) To ensure consistent implementation and interpretation
  467  of the rules adopted pursuant to this section, the department
  468  shall conduct or oversee regular assessment and training of its
  469  staff and the staffs of the water management districts and local
  470  governments delegated local pollution control program authority
  471  under s. 373.441. The training must include field inspections of
  472  publicly and privately owned stormwater structural controls,
  473  such as stormwater retention or detention ponds.
  474         (6)By January 1, 2021:
  475         (a)The department and the water management districts shall
  476  initiate rulemaking, including updates to the Environmental
  477  Resource Permit Applicant’s Handbooks, to update the stormwater
  478  design and operation regulations using the most recent
  479  scientific information available. As part of rule development,
  480  the department must consider and address low-impact design best
  481  management practices and design criteria that increase the
  482  removal of nutrients from stormwater discharges, and measures
  483  for consistent application of the net improvement performance
  484  standard to ensure significant reductions of any pollutant
  485  loadings to a waterbody; and
  486         (b)The department shall evaluate inspection data relating
  487  to compliance by those entities that submit a self-certification
  488  under s. 403.814(12) and provide the Legislature with
  489  recommendations for improvements to the self-certification
  490  process.
  491         Section 7. Effective July 1, 2021, present paragraphs (d)
  492  through (q) of subsection (2) of section 381.0065, Florida
  493  Statutes, are redesignated as paragraphs (e) through (r),
  494  respectively, a new paragraph (d) is added to subsection (2),
  495  and subsections (3) and (4) of that section are amended, to
  496  read:
  497         381.0065 Onsite sewage treatment and disposal systems;
  498  regulation.—
  499         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  500  term:
  501         (d) “Department” means the Department of Environmental
  502  Protection.
  503         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  504  department shall:
  505         (a) Adopt rules to administer ss. 381.0065-381.0067,
  506  including definitions that are consistent with the definitions
  507  in this section, decreases to setback requirements where no
  508  health hazard exists, increases for the lot-flow allowance for
  509  performance-based systems, requirements for separation from
  510  water table elevation during the wettest season, requirements
  511  for the design and construction of any component part of an
  512  onsite sewage treatment and disposal system, application and
  513  permit requirements for persons who maintain an onsite sewage
  514  treatment and disposal system, requirements for maintenance and
  515  service agreements for aerobic treatment units and performance
  516  based treatment systems, and recommended standards, including
  517  disclosure requirements, for voluntary system inspections to be
  518  performed by individuals who are authorized by law to perform
  519  such inspections and who shall inform a person having ownership,
  520  control, or use of an onsite sewage treatment and disposal
  521  system of the inspection standards and of that person’s
  522  authority to request an inspection based on all or part of the
  523  standards.
  524         (b) Perform application reviews and site evaluations, issue
  525  permits, and conduct inspections and complaint investigations
  526  associated with the construction, installation, maintenance,
  527  modification, abandonment, operation, use, or repair of an
  528  onsite sewage treatment and disposal system for a residence or
  529  establishment with an estimated domestic sewage flow of 10,000
  530  gallons or less per day, or an estimated commercial sewage flow
  531  of 5,000 gallons or less per day, which is not currently
  532  regulated under chapter 403.
  533         (c) Develop a comprehensive program to ensure that onsite
  534  sewage treatment and disposal systems regulated by the
  535  department are sized, designed, constructed, installed, sited,
  536  repaired, modified, abandoned, used, operated, and maintained in
  537  compliance with this section and rules adopted under this
  538  section to prevent groundwater contamination, including impacts
  539  from nutrient pollution, and surface water contamination and to
  540  preserve the public health. The department is the final
  541  administrative interpretive authority regarding rule
  542  interpretation. In the event of a conflict regarding rule
  543  interpretation, the secretary of the department State Surgeon
  544  General, or his or her designee, shall timely assign a staff
  545  person to resolve the dispute.
  546         (d) Grant variances in hardship cases under the conditions
  547  prescribed in this section and rules adopted under this section.
  548         (e) Permit the use of a limited number of innovative
  549  systems for a specific period of time, when there is compelling
  550  evidence that the system will function properly and reliably to
  551  meet the requirements of this section and rules adopted under
  552  this section.
  553         (f) Issue annual operating permits under this section.
  554         (g) Establish and collect fees as established under s.
  555  381.0066 for services provided with respect to onsite sewage
  556  treatment and disposal systems.
  557         (h) Conduct enforcement activities, including imposing
  558  fines, issuing citations, suspensions, revocations, injunctions,
  559  and emergency orders for violations of this section, part I of
  560  chapter 386, or part III of chapter 489 or for a violation of
  561  any rule adopted under this section, part I of chapter 386, or
  562  part III of chapter 489.
  563         (i) Provide or conduct education and training of department
  564  personnel, service providers, and the public regarding onsite
  565  sewage treatment and disposal systems.
  566         (j) Supervise research on, demonstration of, and training
  567  on the performance, environmental impact, and public health
  568  impact of onsite sewage treatment and disposal systems within
  569  this state. Research fees collected under s. 381.0066(2)(k) must
  570  be used to develop and fund hands-on training centers designed
  571  to provide practical information about onsite sewage treatment
  572  and disposal systems to septic tank contractors, master septic
  573  tank contractors, contractors, inspectors, engineers, and the
  574  public and must also be used to fund research projects which
  575  focus on improvements of onsite sewage treatment and disposal
  576  systems, including use of performance-based standards and
  577  reduction of environmental impact. Research projects shall be
  578  initially approved by the technical review and advisory panel
  579  and shall be applicable to and reflect the soil conditions
  580  specific to Florida. Such projects shall be awarded through
  581  competitive negotiation, using the procedures provided in s.
  582  287.055, to public or private entities that have experience in
  583  onsite sewage treatment and disposal systems in Florida and that
  584  are principally located in Florida. Research projects shall not
  585  be awarded to firms or entities that employ or are associated
  586  with persons who serve on either the technical review and
  587  advisory panel or the research review and advisory committee.
  588         (k) Approve the installation of individual graywater
  589  disposal systems in which blackwater is treated by a central
  590  sewerage system.
  591         (l) Regulate and permit the sanitation, handling,
  592  treatment, storage, reuse, and disposal of byproducts from any
  593  system regulated under this chapter and not regulated by the
  594  Department of Environmental Protection.
  595         (m) Permit and inspect portable or temporary toilet
  596  services and holding tanks. The department shall review
  597  applications, perform site evaluations, and issue permits for
  598  the temporary use of holding tanks, privies, portable toilet
  599  services, or any other toilet facility that is intended for use
  600  on a permanent or nonpermanent basis, including facilities
  601  placed on construction sites when workers are present. The
  602  department may specify standards for the construction,
  603  maintenance, use, and operation of any such facility for
  604  temporary use.
  605         (n) Regulate and permit maintenance entities for
  606  performance-based treatment systems and aerobic treatment unit
  607  systems. To ensure systems are maintained and operated according
  608  to manufacturer’s specifications and designs, the department
  609  shall establish by rule minimum qualifying criteria for
  610  maintenance entities. The criteria shall include: training,
  611  access to approved spare parts and components, access to
  612  manufacturer’s maintenance and operation manuals, and service
  613  response time. The maintenance entity shall employ a contractor
  614  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  615  a state-licensed wastewater plant operator, who is responsible
  616  for maintenance and repair of all systems under contract.
  617         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  618  construct, repair, modify, abandon, or operate an onsite sewage
  619  treatment and disposal system without first obtaining a permit
  620  approved by the department. The department may issue permits to
  621  carry out this section., but shall not make the issuance of such
  622  permits contingent upon prior approval by the Department of
  623  Environmental Protection, except that The issuance of a permit
  624  for work seaward of the coastal construction control line
  625  established under s. 161.053 shall be contingent upon receipt of
  626  any required coastal construction control line permit from the
  627  department of Environmental Protection. A construction permit is
  628  valid for 18 months from the issuance date and may be extended
  629  by the department for one 90-day period under rules adopted by
  630  the department. A repair permit is valid for 90 days from the
  631  date of issuance. An operating permit must be obtained before
  632  prior to the use of any aerobic treatment unit or if the
  633  establishment generates commercial waste. Buildings or
  634  establishments that use an aerobic treatment unit or generate
  635  commercial waste shall be inspected by the department at least
  636  annually to assure compliance with the terms of the operating
  637  permit. The operating permit for a commercial wastewater system
  638  is valid for 1 year from the date of issuance and must be
  639  renewed annually. The operating permit for an aerobic treatment
  640  unit is valid for 2 years from the date of issuance and must be
  641  renewed every 2 years. If all information pertaining to the
  642  siting, location, and installation conditions or repair of an
  643  onsite sewage treatment and disposal system remains the same, a
  644  construction or repair permit for the onsite sewage treatment
  645  and disposal system may be transferred to another person, if the
  646  transferee files, within 60 days after the transfer of
  647  ownership, an amended application providing all corrected
  648  information and proof of ownership of the property. There is no
  649  fee associated with the processing of this supplemental
  650  information. A person may not contract to construct, modify,
  651  alter, repair, service, abandon, or maintain any portion of an
  652  onsite sewage treatment and disposal system without being
  653  registered under part III of chapter 489. A property owner who
  654  personally performs construction, maintenance, or repairs to a
  655  system serving his or her own owner-occupied single-family
  656  residence is exempt from registration requirements for
  657  performing such construction, maintenance, or repairs on that
  658  residence, but is subject to all permitting requirements. A
  659  municipality or political subdivision of the state may not issue
  660  a building or plumbing permit for any building that requires the
  661  use of an onsite sewage treatment and disposal system unless the
  662  owner or builder has received a construction permit for such
  663  system from the department. A building or structure may not be
  664  occupied and a municipality, political subdivision, or any state
  665  or federal agency may not authorize occupancy until the
  666  department approves the final installation of the onsite sewage
  667  treatment and disposal system. A municipality or political
  668  subdivision of the state may not approve any change in occupancy
  669  or tenancy of a building that uses an onsite sewage treatment
  670  and disposal system until the department has reviewed the use of
  671  the system with the proposed change, approved the change, and
  672  amended the operating permit.
  673         (a) Subdivisions and lots in which each lot has a minimum
  674  area of at least one-half acre and either a minimum dimension of
  675  100 feet or a mean of at least 100 feet of the side bordering
  676  the street and the distance formed by a line parallel to the
  677  side bordering the street drawn between the two most distant
  678  points of the remainder of the lot may be developed with a water
  679  system regulated under s. 381.0062 and onsite sewage treatment
  680  and disposal systems, provided the projected daily sewage flow
  681  does not exceed an average of 1,500 gallons per acre per day,
  682  and provided satisfactory drinking water can be obtained and all
  683  distance and setback, soil condition, water table elevation, and
  684  other related requirements of this section and rules adopted
  685  under this section can be met.
  686         (b) Subdivisions and lots using a public water system as
  687  defined in s. 403.852 may use onsite sewage treatment and
  688  disposal systems, provided there are no more than four lots per
  689  acre, provided the projected daily sewage flow does not exceed
  690  an average of 2,500 gallons per acre per day, and provided that
  691  all distance and setback, soil condition, water table elevation,
  692  and other related requirements that are generally applicable to
  693  the use of onsite sewage treatment and disposal systems are met.
  694         (c) Notwithstanding paragraphs (a) and (b), for
  695  subdivisions platted of record on or before October 1, 1991,
  696  when a developer or other appropriate entity has previously made
  697  or makes provisions, including financial assurances or other
  698  commitments, acceptable to the Department of Health, that a
  699  central water system will be installed by a regulated public
  700  utility based on a density formula, private potable wells may be
  701  used with onsite sewage treatment and disposal systems until the
  702  agreed-upon densities are reached. In a subdivision regulated by
  703  this paragraph, the average daily sewage flow may not exceed
  704  2,500 gallons per acre per day. This section does not affect the
  705  validity of existing prior agreements. After October 1, 1991,
  706  the exception provided under this paragraph is not available to
  707  a developer or other appropriate entity.
  708         (d) Paragraphs (a) and (b) do not apply to any proposed
  709  residential subdivision with more than 50 lots or to any
  710  proposed commercial subdivision with more than 5 lots where a
  711  publicly owned or investor-owned sewerage system is available.
  712  It is the intent of this paragraph not to allow development of
  713  additional proposed subdivisions in order to evade the
  714  requirements of this paragraph.
  715         (e)The department shall adopt rules to locate onsite
  716  sewage treatment and disposal systems, including establishing
  717  setback distances, to prevent groundwater contamination and
  718  surface water contamination and to preserve the public health.
  719  The rulemaking process for such rules must be completed by July
  720  1, 2022, and the department shall notify the Division of Law
  721  Revision of the date such rules take effect. The rules must
  722  consider conventional and enhanced nutrient-reducing onsite
  723  sewage treatment and disposal system designs, impaired or
  724  degraded water bodies, domestic wastewater and drinking water
  725  infrastructure, potable water sources, nonpotable wells,
  726  stormwater infrastructure, the onsite sewage treatment and
  727  disposal system remediation plans developed pursuant to s.
  728  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  729  of the onsite sewage treatment and disposal systems technical
  730  advisory committee established pursuant to s. 381.00652.
  731         (f)(e) Onsite sewage treatment and disposal systems that
  732  are permitted before the rules identified in paragraph (e) take
  733  effect may must not be placed closer than:
  734         1. Seventy-five feet from a private potable well.
  735         2. Two hundred feet from a public potable well serving a
  736  residential or nonresidential establishment having a total
  737  sewage flow of greater than 2,000 gallons per day.
  738         3. One hundred feet from a public potable well serving a
  739  residential or nonresidential establishment having a total
  740  sewage flow of less than or equal to 2,000 gallons per day.
  741         4. Fifty feet from any nonpotable well.
  742         5. Ten feet from any storm sewer pipe, to the maximum
  743  extent possible, but in no instance shall the setback be less
  744  than 5 feet.
  745         6. Seventy-five feet from the mean high-water line of a
  746  tidally influenced surface water body.
  747         7. Seventy-five feet from the mean annual flood line of a
  748  permanent nontidal surface water body.
  749         8. Fifteen feet from the design high-water line of
  750  retention areas, detention areas, or swales designed to contain
  751  standing or flowing water for less than 72 hours after a
  752  rainfall or the design high-water level of normally dry drainage
  753  ditches or normally dry individual lot stormwater retention
  754  areas.
  755         (f) Except as provided under paragraphs (e) and (t), no
  756  limitations shall be imposed by rule, relating to the distance
  757  between an onsite disposal system and any area that either
  758  permanently or temporarily has visible surface water.
  759         (g) All provisions of this section and rules adopted under
  760  this section relating to soil condition, water table elevation,
  761  distance, and other setback requirements must be equally applied
  762  to all lots, with the following exceptions:
  763         1. Any residential lot that was platted and recorded on or
  764  after January 1, 1972, or that is part of a residential
  765  subdivision that was approved by the appropriate permitting
  766  agency on or after January 1, 1972, and that was eligible for an
  767  onsite sewage treatment and disposal system construction permit
  768  on the date of such platting and recording or approval shall be
  769  eligible for an onsite sewage treatment and disposal system
  770  construction permit, regardless of when the application for a
  771  permit is made. If rules in effect at the time the permit
  772  application is filed cannot be met, residential lots platted and
  773  recorded or approved on or after January 1, 1972, shall, to the
  774  maximum extent possible, comply with the rules in effect at the
  775  time the permit application is filed. At a minimum, however,
  776  those residential lots platted and recorded or approved on or
  777  after January 1, 1972, but before January 1, 1983, shall comply
  778  with those rules in effect on January 1, 1983, and those
  779  residential lots platted and recorded or approved on or after
  780  January 1, 1983, shall comply with those rules in effect at the
  781  time of such platting and recording or approval. In determining
  782  the maximum extent of compliance with current rules that is
  783  possible, the department shall allow structures and
  784  appurtenances thereto which were authorized at the time such
  785  lots were platted and recorded or approved.
  786         2. Lots platted before 1972 are subject to a 50-foot
  787  minimum surface water setback and are not subject to lot size
  788  requirements. The projected daily flow for onsite sewage
  789  treatment and disposal systems for lots platted before 1972 may
  790  not exceed:
  791         a. Two thousand five hundred gallons per acre per day for
  792  lots served by public water systems as defined in s. 403.852.
  793         b. One thousand five hundred gallons per acre per day for
  794  lots served by water systems regulated under s. 381.0062.
  795         (h)1. The department may grant variances in hardship cases
  796  which may be less restrictive than the provisions specified in
  797  this section. If a variance is granted and the onsite sewage
  798  treatment and disposal system construction permit has been
  799  issued, the variance may be transferred with the system
  800  construction permit, if the transferee files, within 60 days
  801  after the transfer of ownership, an amended construction permit
  802  application providing all corrected information and proof of
  803  ownership of the property and if the same variance would have
  804  been required for the new owner of the property as was
  805  originally granted to the original applicant for the variance.
  806  There is no fee associated with the processing of this
  807  supplemental information. A variance may not be granted under
  808  this section until the department is satisfied that:
  809         a. The hardship was not caused intentionally by the action
  810  of the applicant;
  811         b. No reasonable alternative, taking into consideration
  812  factors such as cost, exists for the treatment of the sewage;
  813  and
  814         c. The discharge from the onsite sewage treatment and
  815  disposal system will not adversely affect the health of the
  816  applicant or the public or significantly degrade the groundwater
  817  or surface waters.
  818  
  819  Where soil conditions, water table elevation, and setback
  820  provisions are determined by the department to be satisfactory,
  821  special consideration must be given to those lots platted before
  822  1972.
  823         2. The department shall appoint and staff a variance review
  824  and advisory committee, which shall meet monthly to recommend
  825  agency action on variance requests. The committee shall make its
  826  recommendations on variance requests at the meeting in which the
  827  application is scheduled for consideration, except for an
  828  extraordinary change in circumstances, the receipt of new
  829  information that raises new issues, or when the applicant
  830  requests an extension. The committee shall consider the criteria
  831  in subparagraph 1. in its recommended agency action on variance
  832  requests and shall also strive to allow property owners the full
  833  use of their land where possible. The committee consists of the
  834  following:
  835         a. The Secretary of Environmental Protection State Surgeon
  836  General or his or her designee.
  837         b. A representative from the county health departments.
  838         c. A representative from the home building industry
  839  recommended by the Florida Home Builders Association.
  840         d. A representative from the septic tank industry
  841  recommended by the Florida Onsite Wastewater Association.
  842         e. A representative from the Department of Health
  843  Environmental Protection.
  844         f. A representative from the real estate industry who is
  845  also a developer in this state who develops lots using onsite
  846  sewage treatment and disposal systems, recommended by the
  847  Florida Association of Realtors.
  848         g. A representative from the engineering profession
  849  recommended by the Florida Engineering Society.
  850  
  851  Members shall be appointed for a term of 3 years, with such
  852  appointments being staggered so that the terms of no more than
  853  two members expire in any one year. Members shall serve without
  854  remuneration, but if requested, shall be reimbursed for per diem
  855  and travel expenses as provided in s. 112.061.
  856         (i) A construction permit may not be issued for an onsite
  857  sewage treatment and disposal system in any area zoned or used
  858  for industrial or manufacturing purposes, or its equivalent,
  859  where a publicly owned or investor-owned sewage treatment system
  860  is available, or where a likelihood exists that the system will
  861  receive toxic, hazardous, or industrial waste. An existing
  862  onsite sewage treatment and disposal system may be repaired if a
  863  publicly owned or investor-owned sewerage system is not
  864  available within 500 feet of the building sewer stub-out and if
  865  system construction and operation standards can be met. This
  866  paragraph does not require publicly owned or investor-owned
  867  sewerage treatment systems to accept anything other than
  868  domestic wastewater.
  869         1. A building located in an area zoned or used for
  870  industrial or manufacturing purposes, or its equivalent, when
  871  such building is served by an onsite sewage treatment and
  872  disposal system, must not be occupied until the owner or tenant
  873  has obtained written approval from the department. The
  874  department may shall not grant approval when the proposed use of
  875  the system is to dispose of toxic, hazardous, or industrial
  876  wastewater or toxic or hazardous chemicals.
  877         2. Each person who owns or operates a business or facility
  878  in an area zoned or used for industrial or manufacturing
  879  purposes, or its equivalent, or who owns or operates a business
  880  that has the potential to generate toxic, hazardous, or
  881  industrial wastewater or toxic or hazardous chemicals, and uses
  882  an onsite sewage treatment and disposal system that is installed
  883  on or after July 5, 1989, must obtain an annual system operating
  884  permit from the department. A person who owns or operates a
  885  business that uses an onsite sewage treatment and disposal
  886  system that was installed and approved before July 5, 1989, need
  887  not obtain a system operating permit. However, upon change of
  888  ownership or tenancy, the new owner or operator must notify the
  889  department of the change, and the new owner or operator must
  890  obtain an annual system operating permit, regardless of the date
  891  that the system was installed or approved.
  892         3. The department shall periodically review and evaluate
  893  the continued use of onsite sewage treatment and disposal
  894  systems in areas zoned or used for industrial or manufacturing
  895  purposes, or its equivalent, and may require the collection and
  896  analyses of samples from within and around such systems. If the
  897  department finds that toxic or hazardous chemicals or toxic,
  898  hazardous, or industrial wastewater have been or are being
  899  disposed of through an onsite sewage treatment and disposal
  900  system, the department shall initiate enforcement actions
  901  against the owner or tenant to ensure adequate cleanup,
  902  treatment, and disposal.
  903         (j) An onsite sewage treatment and disposal system designed
  904  by a professional engineer registered in the state and certified
  905  by such engineer as complying with performance criteria adopted
  906  by the department must be approved by the department subject to
  907  the following:
  908         1. The performance criteria applicable to engineer-designed
  909  systems must be limited to those necessary to ensure that such
  910  systems do not adversely affect the public health or
  911  significantly degrade the groundwater or surface water. Such
  912  performance criteria shall include consideration of the quality
  913  of system effluent, the proposed total sewage flow per acre,
  914  wastewater treatment capabilities of the natural or replaced
  915  soil, water quality classification of the potential surface
  916  water-receiving body, and the structural and maintenance
  917  viability of the system for the treatment of domestic
  918  wastewater. However, performance criteria shall address only the
  919  performance of a system and not a system’s design.
  920         2. A person electing to utilize an engineer-designed system
  921  shall, upon completion of the system design, submit such design,
  922  certified by a registered professional engineer, to the county
  923  health department. The county health department may utilize an
  924  outside consultant to review the engineer-designed system, with
  925  the actual cost of such review to be borne by the applicant.
  926  Within 5 working days after receiving an engineer-designed
  927  system permit application, the county health department shall
  928  request additional information if the application is not
  929  complete. Within 15 working days after receiving a complete
  930  application for an engineer-designed system, the county health
  931  department either shall issue the permit or, if it determines
  932  that the system does not comply with the performance criteria,
  933  shall notify the applicant of that determination and refer the
  934  application to the department for a determination as to whether
  935  the system should be approved, disapproved, or approved with
  936  modification. The department engineer’s determination shall
  937  prevail over the action of the county health department. The
  938  applicant shall be notified in writing of the department’s
  939  determination and of the applicant’s rights to pursue a variance
  940  or seek review under the provisions of chapter 120.
  941         3. The owner of an engineer-designed performance-based
  942  system must maintain a current maintenance service agreement
  943  with a maintenance entity permitted by the department. The
  944  maintenance entity shall inspect each system at least twice each
  945  year and shall report quarterly to the department on the number
  946  of systems inspected and serviced. The reports may be submitted
  947  electronically.
  948         4. The property owner of an owner-occupied, single-family
  949  residence may be approved and permitted by the department as a
  950  maintenance entity for his or her own performance-based
  951  treatment system upon written certification from the system
  952  manufacturer’s approved representative that the property owner
  953  has received training on the proper installation and service of
  954  the system. The maintenance service agreement must conspicuously
  955  disclose that the property owner has the right to maintain his
  956  or her own system and is exempt from contractor registration
  957  requirements for performing construction, maintenance, or
  958  repairs on the system but is subject to all permitting
  959  requirements.
  960         5. The property owner shall obtain a biennial system
  961  operating permit from the department for each system. The
  962  department shall inspect the system at least annually, or on
  963  such periodic basis as the fee collected permits, and may
  964  collect system-effluent samples if appropriate to determine
  965  compliance with the performance criteria. The fee for the
  966  biennial operating permit shall be collected beginning with the
  967  second year of system operation.
  968         6. If an engineer-designed system fails to properly
  969  function or fails to meet performance standards, the system
  970  shall be re-engineered, if necessary, to bring the system into
  971  compliance with the provisions of this section.
  972         (k) An innovative system may be approved in conjunction
  973  with an engineer-designed site-specific system which is
  974  certified by the engineer to meet the performance-based criteria
  975  adopted by the department.
  976         (l) For the Florida Keys, the department shall adopt a
  977  special rule for the construction, installation, modification,
  978  operation, repair, maintenance, and performance of onsite sewage
  979  treatment and disposal systems which considers the unique soil
  980  conditions and water table elevations, densities, and setback
  981  requirements. On lots where a setback distance of 75 feet from
  982  surface waters, saltmarsh, and buttonwood association habitat
  983  areas cannot be met, an injection well, approved and permitted
  984  by the department, may be used for disposal of effluent from
  985  onsite sewage treatment and disposal systems. The following
  986  additional requirements apply to onsite sewage treatment and
  987  disposal systems in Monroe County:
  988         1. The county, each municipality, and those special
  989  districts established for the purpose of the collection,
  990  transmission, treatment, or disposal of sewage shall ensure, in
  991  accordance with the specific schedules adopted by the
  992  Administration Commission under s. 380.0552, the completion of
  993  onsite sewage treatment and disposal system upgrades to meet the
  994  requirements of this paragraph.
  995         2. Onsite sewage treatment and disposal systems must cease
  996  discharge by December 31, 2015, or must comply with department
  997  rules and provide the level of treatment which, on a permitted
  998  annual average basis, produces an effluent that contains no more
  999  than the following concentrations:
 1000         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
 1001         b. Suspended Solids of 10 mg/l.
 1002         c. Total Nitrogen, expressed as N, of 10 mg/l or a
 1003  reduction in nitrogen of at least 70 percent. A system that has
 1004  been tested and certified to reduce nitrogen concentrations by
 1005  at least 70 percent shall be deemed to be in compliance with
 1006  this standard.
 1007         d. Total Phosphorus, expressed as P, of 1 mg/l.
 1008  
 1009  In addition, onsite sewage treatment and disposal systems
 1010  discharging to an injection well must provide basic disinfection
 1011  as defined by department rule.
 1012         3. In areas not scheduled to be served by a central sewer,
 1013  onsite sewage treatment and disposal systems must, by December
 1014  31, 2015, comply with department rules and provide the level of
 1015  treatment described in subparagraph 2.
 1016         4. In areas scheduled to be served by central sewer by
 1017  December 31, 2015, if the property owner has paid a connection
 1018  fee or assessment for connection to the central sewer system,
 1019  the property owner may install a holding tank with a high water
 1020  alarm or an onsite sewage treatment and disposal system that
 1021  meets the following minimum standards:
 1022         a. The existing tanks must be pumped and inspected and
 1023  certified as being watertight and free of defects in accordance
 1024  with department rule; and
 1025         b. A sand-lined drainfield or injection well in accordance
 1026  with department rule must be installed.
 1027         5. Onsite sewage treatment and disposal systems must be
 1028  monitored for total nitrogen and total phosphorus concentrations
 1029  as required by department rule.
 1030         6. The department shall enforce proper installation,
 1031  operation, and maintenance of onsite sewage treatment and
 1032  disposal systems pursuant to this chapter, including ensuring
 1033  that the appropriate level of treatment described in
 1034  subparagraph 2. is met.
 1035         7. The authority of a local government, including a special
 1036  district, to mandate connection of an onsite sewage treatment
 1037  and disposal system is governed by s. 4, chapter 99-395, Laws of
 1038  Florida.
 1039         8. Notwithstanding any other provision of law, an onsite
 1040  sewage treatment and disposal system installed after July 1,
 1041  2010, in unincorporated Monroe County, excluding special
 1042  wastewater districts, that complies with the standards in
 1043  subparagraph 2. is not required to connect to a central sewer
 1044  system until December 31, 2020.
 1045         (m) No product sold in the state for use in onsite sewage
 1046  treatment and disposal systems may contain any substance in
 1047  concentrations or amounts that would interfere with or prevent
 1048  the successful operation of such system, or that would cause
 1049  discharges from such systems to violate applicable water quality
 1050  standards. The department shall publish criteria for products
 1051  known or expected to meet the conditions of this paragraph. In
 1052  the event a product does not meet such criteria, such product
 1053  may be sold if the manufacturer satisfactorily demonstrates to
 1054  the department that the conditions of this paragraph are met.
 1055         (n) Evaluations for determining the seasonal high-water
 1056  table elevations or the suitability of soils for the use of a
 1057  new onsite sewage treatment and disposal system shall be
 1058  performed by department personnel, professional engineers
 1059  registered in the state, or such other persons with expertise,
 1060  as defined by rule, in making such evaluations. Evaluations for
 1061  determining mean annual flood lines shall be performed by those
 1062  persons identified in paragraph (2)(k) (2)(j). The department
 1063  shall accept evaluations submitted by professional engineers and
 1064  such other persons as meet the expertise established by this
 1065  section or by rule unless the department has a reasonable
 1066  scientific basis for questioning the accuracy or completeness of
 1067  the evaluation.
 1068         (o) The department shall appoint a research review and
 1069  advisory committee, which shall meet at least semiannually. The
 1070  committee shall advise the department on directions for new
 1071  research, review and rank proposals for research contracts, and
 1072  review draft research reports and make comments. The committee
 1073  is comprised of:
 1074         1. A representative of the State Surgeon General, or his or
 1075  her designee.
 1076         2. A representative from the septic tank industry.
 1077         3. A representative from the home building industry.
 1078         4. A representative from an environmental interest group.
 1079         5. A representative from the State University System, from
 1080  a department knowledgeable about onsite sewage treatment and
 1081  disposal systems.
 1082         6. A professional engineer registered in this state who has
 1083  work experience in onsite sewage treatment and disposal systems.
 1084         7. A representative from local government who is
 1085  knowledgeable about domestic wastewater treatment.
 1086         8. A representative from the real estate profession.
 1087         9. A representative from the restaurant industry.
 1088         10. A consumer.
 1089  
 1090  Members shall be appointed for a term of 3 years, with the
 1091  appointments being staggered so that the terms of no more than
 1092  four members expire in any one year. Members shall serve without
 1093  remuneration, but are entitled to reimbursement for per diem and
 1094  travel expenses as provided in s. 112.061.
 1095         (o)(p) An application for an onsite sewage treatment and
 1096  disposal system permit shall be completed in full, signed by the
 1097  owner or the owner’s authorized representative, or by a
 1098  contractor licensed under chapter 489, and shall be accompanied
 1099  by all required exhibits and fees. No specific documentation of
 1100  property ownership shall be required as a prerequisite to the
 1101  review of an application or the issuance of a permit. The
 1102  issuance of a permit does not constitute determination by the
 1103  department of property ownership.
 1104         (p)(q) The department may not require any form of
 1105  subdivision analysis of property by an owner, developer, or
 1106  subdivider prior to submission of an application for an onsite
 1107  sewage treatment and disposal system.
 1108         (q)(r) Nothing in this section limits the power of a
 1109  municipality or county to enforce other laws for the protection
 1110  of the public health and safety.
 1111         (r)(s) In the siting of onsite sewage treatment and
 1112  disposal systems, including drainfields, shoulders, and slopes,
 1113  guttering may shall not be required on single-family residential
 1114  dwelling units for systems located greater than 5 feet from the
 1115  roof drip line of the house. If guttering is used on residential
 1116  dwelling units, the downspouts shall be directed away from the
 1117  drainfield.
 1118         (s)(t) Notwithstanding the provisions of subparagraph
 1119  (g)1., onsite sewage treatment and disposal systems located in
 1120  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1121  following requirements:
 1122         1. The absorption surface of the drainfield may shall not
 1123  be subject to flooding based on 10-year flood elevations.
 1124  Provided, however, for lots or parcels created by the
 1125  subdivision of land in accordance with applicable local
 1126  government regulations prior to January 17, 1990, if an
 1127  applicant cannot construct a drainfield system with the
 1128  absorption surface of the drainfield at an elevation equal to or
 1129  above 10-year flood elevation, the department shall issue a
 1130  permit for an onsite sewage treatment and disposal system within
 1131  the 10-year floodplain of rivers, streams, and other bodies of
 1132  flowing water if all of the following criteria are met:
 1133         a. The lot is at least one-half acre in size;
 1134         b. The bottom of the drainfield is at least 36 inches above
 1135  the 2-year flood elevation; and
 1136         c. The applicant installs either: a waterless,
 1137  incinerating, or organic waste composting toilet and a graywater
 1138  system and drainfield in accordance with department rules; an
 1139  aerobic treatment unit and drainfield in accordance with
 1140  department rules; a system approved by the State Health Office
 1141  that is capable of reducing effluent nitrate by at least 50
 1142  percent in accordance with department rules; or a system other
 1143  than a system using alternative drainfield materials in
 1144  accordance with department rules approved by the county health
 1145  department pursuant to department rule other than a system using
 1146  alternative drainfield materials. The United States Department
 1147  of Agriculture Soil Conservation Service soil maps, State of
 1148  Florida Water Management District data, and Federal Emergency
 1149  Management Agency Flood Insurance maps are resources that shall
 1150  be used to identify flood-prone areas.
 1151         2. The use of fill or mounding to elevate a drainfield
 1152  system out of the 10-year floodplain of rivers, streams, or
 1153  other bodies of flowing water may shall not be permitted if such
 1154  a system lies within a regulatory floodway of the Suwannee and
 1155  Aucilla Rivers. In cases where the 10-year flood elevation does
 1156  not coincide with the boundaries of the regulatory floodway, the
 1157  regulatory floodway will be considered for the purposes of this
 1158  subsection to extend at a minimum to the 10-year flood
 1159  elevation.
 1160         (t)(u)1. The owner of an aerobic treatment unit system
 1161  shall maintain a current maintenance service agreement with an
 1162  aerobic treatment unit maintenance entity permitted by the
 1163  department. The maintenance entity shall inspect each aerobic
 1164  treatment unit system at least twice each year and shall report
 1165  quarterly to the department on the number of aerobic treatment
 1166  unit systems inspected and serviced. The reports may be
 1167  submitted electronically.
 1168         2. The property owner of an owner-occupied, single-family
 1169  residence may be approved and permitted by the department as a
 1170  maintenance entity for his or her own aerobic treatment unit
 1171  system upon written certification from the system manufacturer’s
 1172  approved representative that the property owner has received
 1173  training on the proper installation and service of the system.
 1174  The maintenance entity service agreement must conspicuously
 1175  disclose that the property owner has the right to maintain his
 1176  or her own system and is exempt from contractor registration
 1177  requirements for performing construction, maintenance, or
 1178  repairs on the system but is subject to all permitting
 1179  requirements.
 1180         3. A septic tank contractor licensed under part III of
 1181  chapter 489, if approved by the manufacturer, may not be denied
 1182  access by the manufacturer to aerobic treatment unit system
 1183  training or spare parts for maintenance entities. After the
 1184  original warranty period, component parts for an aerobic
 1185  treatment unit system may be replaced with parts that meet
 1186  manufacturer’s specifications but are manufactured by others.
 1187  The maintenance entity shall maintain documentation of the
 1188  substitute part’s equivalency for 2 years and shall provide such
 1189  documentation to the department upon request.
 1190         4. The owner of an aerobic treatment unit system shall
 1191  obtain a system operating permit from the department and allow
 1192  the department to inspect during reasonable hours each aerobic
 1193  treatment unit system at least annually, and such inspection may
 1194  include collection and analysis of system-effluent samples for
 1195  performance criteria established by rule of the department.
 1196         (u)(v) The department may require the submission of
 1197  detailed system construction plans that are prepared by a
 1198  professional engineer registered in this state. The department
 1199  shall establish by rule criteria for determining when such a
 1200  submission is required.
 1201         (v)(w) Any permit issued and approved by the department for
 1202  the installation, modification, or repair of an onsite sewage
 1203  treatment and disposal system shall transfer with the title to
 1204  the property in a real estate transaction. A title may not be
 1205  encumbered at the time of transfer by new permit requirements by
 1206  a governmental entity for an onsite sewage treatment and
 1207  disposal system which differ from the permitting requirements in
 1208  effect at the time the system was permitted, modified, or
 1209  repaired. An inspection of a system may not be mandated by a
 1210  governmental entity at the point of sale in a real estate
 1211  transaction. This paragraph does not affect a septic tank phase
 1212  out deferral program implemented by a consolidated government as
 1213  defined in s. 9, Art. VIII of the State Constitution (1885).
 1214         (w)(x) A governmental entity, including a municipality,
 1215  county, or statutorily created commission, may not require an
 1216  engineer-designed performance-based treatment system, excluding
 1217  a passive engineer-designed performance-based treatment system,
 1218  before the completion of the Florida Onsite Sewage Nitrogen
 1219  Reduction Strategies Project. This paragraph does not apply to a
 1220  governmental entity, including a municipality, county, or
 1221  statutorily created commission, which adopted a local law,
 1222  ordinance, or regulation on or before January 31, 2012.
 1223  Notwithstanding this paragraph, an engineer-designed
 1224  performance-based treatment system may be used to meet the
 1225  requirements of the variance review and advisory committee
 1226  recommendations.
 1227         (x)(y)1. An onsite sewage treatment and disposal system is
 1228  not considered abandoned if the system is disconnected from a
 1229  structure that was made unusable or destroyed following a
 1230  disaster and if the system was properly functioning at the time
 1231  of disconnection and was not adversely affected by the disaster.
 1232  The onsite sewage treatment and disposal system may be
 1233  reconnected to a rebuilt structure if:
 1234         a. The reconnection of the system is to the same type of
 1235  structure which contains the same number of bedrooms or fewer,
 1236  if the square footage of the structure is less than or equal to
 1237  110 percent of the original square footage of the structure that
 1238  existed before the disaster;
 1239         b. The system is not a sanitary nuisance; and
 1240         c. The system has not been altered without prior
 1241  authorization.
 1242         2. An onsite sewage treatment and disposal system that
 1243  serves a property that is foreclosed upon is not considered
 1244  abandoned.
 1245         (y)(z) If an onsite sewage treatment and disposal system
 1246  permittee receives, relies upon, and undertakes construction of
 1247  a system based upon a validly issued construction permit under
 1248  rules applicable at the time of construction but a change to a
 1249  rule occurs within 5 years after the approval of the system for
 1250  construction but before the final approval of the system, the
 1251  rules applicable and in effect at the time of construction
 1252  approval apply at the time of final approval if fundamental site
 1253  conditions have not changed between the time of construction
 1254  approval and final approval.
 1255         (z)(aa) An existing-system inspection or evaluation and
 1256  assessment, or a modification, replacement, or upgrade of an
 1257  onsite sewage treatment and disposal system is not required for
 1258  a remodeling addition or modification to a single-family home if
 1259  a bedroom is not added. However, a remodeling addition or
 1260  modification to a single-family home may not cover any part of
 1261  the existing system or encroach upon a required setback or the
 1262  unobstructed area. To determine if a setback or the unobstructed
 1263  area is impacted, the local health department shall review and
 1264  verify a floor plan and site plan of the proposed remodeling
 1265  addition or modification to the home submitted by a remodeler
 1266  which shows the location of the system, including the distance
 1267  of the remodeling addition or modification to the home from the
 1268  onsite sewage treatment and disposal system. The local health
 1269  department may visit the site or otherwise determine the best
 1270  means of verifying the information submitted. A verification of
 1271  the location of a system is not an inspection or evaluation and
 1272  assessment of the system. The review and verification must be
 1273  completed within 7 business days after receipt by the local
 1274  health department of a floor plan and site plan. If the review
 1275  and verification is not completed within such time, the
 1276  remodeling addition or modification to the single-family home,
 1277  for the purposes of this paragraph, is approved.
 1278         Section 8. Subsection (7) is added to section 381.0065,
 1279  Florida Statutes, to read:
 1280         381.0065 Onsite sewage treatment and disposal systems;
 1281  regulation.—
 1282         (7) USE OF NUTRIENT REDUCING ONSITE SEWAGE TREATMENT AND
 1283  DISPOSAL SYSTEMS.—To meet the requirements of a total maximum
 1284  daily load, the department shall implement a fast-track approval
 1285  process for the use in this state of American National Standards
 1286  Institute 245 systems approved by NSF International before July
 1287  1, 2020.
 1288         Section 9. Section 381.00652, Florida Statutes, is created
 1289  to read:
 1290         381.00652 Onsite sewage treatment and disposal systems
 1291  technical advisory committee.—
 1292         (1)An onsite sewage treatment and disposal systems
 1293  technical advisory committee, a committee as defined in s.
 1294  20.03(8), is created within the department. The committee shall:
 1295         (a)Provide recommendations to increase the availability in
 1296  the marketplace of enhanced nutrient-reducing onsite sewage
 1297  treatment and disposal systems, including systems that are cost
 1298  effective, low-maintenance, and reliable.
 1299         (b)Consider and recommend regulatory options, such as
 1300  fast-track approval, prequalification, or expedited permitting,
 1301  to facilitate the introduction and use of enhanced nutrient
 1302  reducing onsite sewage treatment and disposal systems that have
 1303  been reviewed and approved by a national agency or organization,
 1304  such as the American National Standards Institute 245 systems
 1305  approved by the NSF International.
 1306         (c)Provide recommendations for appropriate setback
 1307  distances for onsite sewage treatment and disposal systems from
 1308  surface water, groundwater, and wells.
 1309         (2)The department shall use existing and available
 1310  resources to administer and support the activities of the
 1311  committee.
 1312         (3)(a)By August 1, 2021, the department, in consultation
 1313  with the Department of Health, shall appoint no more than 10
 1314  members to the committee, including, but not limited to, the
 1315  following:
 1316         1.A professional engineer.
 1317         2.A septic tank contractor.
 1318         3.Two representatives from the home building industry.
 1319         4.A representative from the real estate industry.
 1320         5.A representative from the onsite sewage treatment and
 1321  disposal system industry.
 1322         6.A representative from local government.
 1323         7.Two representatives from the environmental community.
 1324         8.A representative of the scientific and technical
 1325  community who has substantial expertise in the areas of the fate
 1326  and transport of water pollutants, toxicology, epidemiology,
 1327  geology, biology, or environmental sciences.
 1328         (b)Members shall serve without compensation and are not
 1329  entitled to reimbursement for per diem or travel expenses.
 1330         (4)By January 1, 2022, the committee shall submit its
 1331  recommendations to the Governor, the President of the Senate,
 1332  and the Speaker of the House of Representatives.
 1333         (5)This section expires August 15, 2022.
 1334         (6)For purposes of this section, the term “department”
 1335  means the Department of Environmental Protection.
 1336         Section 10. Effective July 1, 2021, section 381.0068,
 1337  Florida Statutes, is repealed.
 1338         Section 11. Present subsections (14) through (44) of
 1339  section 403.061, Florida Statutes, are redesignated as
 1340  subsections (15) through (45), respectively, a new subsection
 1341  (14) is added to that section, and subsection (7) of that
 1342  section is amended, to read:
 1343         403.061 Department; powers and duties.—The department shall
 1344  have the power and the duty to control and prohibit pollution of
 1345  air and water in accordance with the law and rules adopted and
 1346  promulgated by it and, for this purpose, to:
 1347         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1348  implement the provisions of this act. Any rule adopted pursuant
 1349  to this act must shall be consistent with the provisions of
 1350  federal law, if any, relating to control of emissions from motor
 1351  vehicles, effluent limitations, pretreatment requirements, or
 1352  standards of performance. A No county, municipality, or
 1353  political subdivision may not shall adopt or enforce any local
 1354  ordinance, special law, or local regulation requiring the
 1355  installation of Stage II vapor recovery systems, as currently
 1356  defined by department rule, unless such county, municipality, or
 1357  political subdivision is or has been in the past designated by
 1358  federal regulation as a moderate, serious, or severe ozone
 1359  nonattainment area. Rules adopted pursuant to this act may shall
 1360  not require dischargers of waste into waters of the state to
 1361  improve natural background conditions. The department shall
 1362  adopt rules to reasonably limit, reduce, and eliminate domestic
 1363  wastewater collection and transmission system pipe leakages and
 1364  inflow and infiltration. Discharges from steam electric
 1365  generating plants existing or licensed under this chapter on
 1366  July 1, 1984, may shall not be required to be treated to a
 1367  greater extent than may be necessary to assure that the quality
 1368  of nonthermal components of discharges from nonrecirculated
 1369  cooling water systems is as high as the quality of the makeup
 1370  waters; that the quality of nonthermal components of discharges
 1371  from recirculated cooling water systems is no lower than is
 1372  allowed for blowdown from such systems; or that the quality of
 1373  noncooling system discharges which receive makeup water from a
 1374  receiving body of water which does not meet applicable
 1375  department water quality standards is as high as the quality of
 1376  the receiving body of water. The department may not adopt
 1377  standards more stringent than federal regulations, except as
 1378  provided in s. 403.804.
 1379         (14)In order to promote resilient utilities, require
 1380  public utilities or their affiliated companies holding, applying
 1381  for, or renewing a domestic wastewater discharge permit to file
 1382  annual reports and other data regarding transactions or
 1383  allocations of common costs and expenditures on pollution
 1384  mitigation and prevention among the utility’s permitted systems,
 1385  including, but not limited to, the prevention of sanitary sewer
 1386  overflows, collection and transmission system pipe leakages, and
 1387  inflow and infiltration. The department shall adopt rules to
 1388  implement this subsection.
 1389  
 1390  The department shall implement such programs in conjunction with
 1391  its other powers and duties and shall place special emphasis on
 1392  reducing and eliminating contamination that presents a threat to
 1393  humans, animals or plants, or to the environment.
 1394         Section 12. Section 403.0616, Florida Statutes, is created
 1395  to read:
 1396         403.0616Real-time water quality monitoring program.–
 1397         (1) Subject to appropriation, the department shall
 1398  establish a real-time water quality monitoring program to assist
 1399  in the restoration, preservation, and enhancement of impaired
 1400  waterbodies and coastal resources.
 1401         (2)In order to expedite the creation and implementation of
 1402  the program, the department is encouraged to form public-private
 1403  partnerships with established scientific entities that have
 1404  proven existing real-time water quality monitoring equipment and
 1405  experience in deploying the equipment.
 1406         Section 13. Subsection (7) of section 403.067, Florida
 1407  Statutes, is amended to read:
 1408         403.067 Establishment and implementation of total maximum
 1409  daily loads.—
 1410         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1411  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1412         (a) Basin management action plans.—
 1413         1. In developing and implementing the total maximum daily
 1414  load for a water body, the department, or the department in
 1415  conjunction with a water management district, may develop a
 1416  basin management action plan that addresses some or all of the
 1417  watersheds and basins tributary to the water body. Such plan
 1418  must integrate the appropriate management strategies available
 1419  to the state through existing water quality protection programs
 1420  to achieve the total maximum daily loads and may provide for
 1421  phased implementation of these management strategies to promote
 1422  timely, cost-effective actions as provided for in s. 403.151.
 1423  The plan must establish a schedule implementing the management
 1424  strategies, establish a basis for evaluating the plan’s
 1425  effectiveness, and identify feasible funding strategies for
 1426  implementing the plan’s management strategies. The management
 1427  strategies may include regional treatment systems or other
 1428  public works, when where appropriate, and voluntary trading of
 1429  water quality credits to achieve the needed pollutant load
 1430  reductions.
 1431         2. A basin management action plan must equitably allocate,
 1432  pursuant to paragraph (6)(b), pollutant reductions to individual
 1433  basins, as a whole to all basins, or to each identified point
 1434  source or category of nonpoint sources, as appropriate. For
 1435  nonpoint sources for which best management practices have been
 1436  adopted, the initial requirement specified by the plan must be
 1437  those practices developed pursuant to paragraph (c). When Where
 1438  appropriate, the plan may take into account the benefits of
 1439  pollutant load reduction achieved by point or nonpoint sources
 1440  that have implemented management strategies to reduce pollutant
 1441  loads, including best management practices, before the
 1442  development of the basin management action plan. The plan must
 1443  also identify the mechanisms that will address potential future
 1444  increases in pollutant loading.
 1445         3. The basin management action planning process is intended
 1446  to involve the broadest possible range of interested parties,
 1447  with the objective of encouraging the greatest amount of
 1448  cooperation and consensus possible. In developing a basin
 1449  management action plan, the department shall assure that key
 1450  stakeholders, including, but not limited to, applicable local
 1451  governments, water management districts, the Department of
 1452  Agriculture and Consumer Services, other appropriate state
 1453  agencies, local soil and water conservation districts,
 1454  environmental groups, regulated interests, and affected
 1455  pollution sources, are invited to participate in the process.
 1456  The department shall hold at least one public meeting in the
 1457  vicinity of the watershed or basin to discuss and receive
 1458  comments during the planning process and shall otherwise
 1459  encourage public participation to the greatest practicable
 1460  extent. Notice of the public meeting must be published in a
 1461  newspaper of general circulation in each county in which the
 1462  watershed or basin lies at least not less than 5 days, but not
 1463  nor more than 15 days, before the public meeting. A basin
 1464  management action plan does not supplant or otherwise alter any
 1465  assessment made under subsection (3) or subsection (4) or any
 1466  calculation or initial allocation.
 1467         4. Each new or revised basin management action plan shall
 1468  include:
 1469         a. The appropriate management strategies available through
 1470  existing water quality protection programs to achieve total
 1471  maximum daily loads, which may provide for phased implementation
 1472  to promote timely, cost-effective actions as provided for in s.
 1473  403.151;
 1474         b. A description of best management practices adopted by
 1475  rule;
 1476         c. A list of projects in priority ranking with a planning
 1477  level cost estimate and estimated date of completion for each
 1478  listed project;
 1479         d. The source and amount of financial assistance to be made
 1480  available by the department, a water management district, or
 1481  other entity for each listed project, if applicable; and
 1482         e. A planning-level estimate of each listed project’s
 1483  expected load reduction, if applicable; and.
 1484         f.An estimated allocation of the pollutant load reduction
 1485  for each point source or category of point sources.
 1486         5. The department shall adopt all or any part of a basin
 1487  management action plan and any amendment to such plan by
 1488  secretarial order pursuant to chapter 120 to implement the
 1489  provisions of this section.
 1490         6. The basin management action plan must include milestones
 1491  for implementation and water quality improvement, and an
 1492  associated water quality monitoring component sufficient to
 1493  evaluate whether reasonable progress in pollutant load
 1494  reductions is being achieved over time. An assessment of
 1495  progress toward these milestones shall be conducted every 5
 1496  years, and revisions to the plan shall be made as appropriate.
 1497  Revisions to the basin management action plan shall be made by
 1498  the department in cooperation with basin stakeholders. Revisions
 1499  to the management strategies required for nonpoint sources must
 1500  follow the procedures set forth in subparagraph (c)4. Revised
 1501  basin management action plans must be adopted pursuant to
 1502  subparagraph 5.
 1503         7. In accordance with procedures adopted by rule under
 1504  paragraph (9)(c), basin management action plans, and other
 1505  pollution control programs under local, state, or federal
 1506  authority as provided in subsection (4), may allow point or
 1507  nonpoint sources that will achieve greater pollutant reductions
 1508  than required by an adopted total maximum daily load or
 1509  wasteload allocation to generate, register, and trade water
 1510  quality credits for the excess reductions to enable other
 1511  sources to achieve their allocation; however, the generation of
 1512  water quality credits does not remove the obligation of a source
 1513  or activity to meet applicable technology requirements or
 1514  adopted best management practices. Such plans must allow trading
 1515  between NPDES permittees, and trading that may or may not
 1516  involve NPDES permittees, where the generation or use of the
 1517  credits involve an entity or activity not subject to department
 1518  water discharge permits whose owner voluntarily elects to obtain
 1519  department authorization for the generation and sale of credits.
 1520         8. The provisions of The department’s rule relating to the
 1521  equitable abatement of pollutants into surface waters do not
 1522  apply to water bodies or water body segments for which a basin
 1523  management plan that takes into account future new or expanded
 1524  activities or discharges has been adopted under this section.
 1525         9.In order to promote resilient wastewater utilities, if
 1526  the department identifies domestic wastewater treatment
 1527  facilities or onsite sewage treatment and disposal systems as
 1528  contributors of at least 20 percent of point source or nonpoint
 1529  source nutrient pollution or if the department determines
 1530  remediation is necessary to achieve the total maximum daily
 1531  load, a basin management action plan for a nutrient total
 1532  maximum daily load must include the following:
 1533         a.A wastewater treatment plan that addresses domestic
 1534  wastewater developed by each local government in cooperation
 1535  with the department, the water management district, and the
 1536  public and private domestic wastewater treatment facilities
 1537  within the jurisdiction of the local government. The wastewater
 1538  treatment plan must:
 1539         (I)Provide for construction, expansion, or upgrades
 1540  necessary to achieve the total maximum daily load requirements
 1541  applicable to the domestic wastewater treatment facility.
 1542         (II)Include the permitted capacity in average annual
 1543  gallons per day for the domestic wastewater treatment facility;
 1544  the average nutrient concentration and the estimated average
 1545  nutrient load of the domestic wastewater; a timeline of the
 1546  dates by which the construction of any facility improvements
 1547  will begin and be completed and the date by which operations of
 1548  the improved facility will begin; the estimated cost of the
 1549  improvements; and the identity of responsible parties.
 1550  
 1551  The wastewater treatment plan must be adopted as part of the
 1552  basin management action plan no later than July 1, 2025. A local
 1553  government that does not have a domestic wastewater treatment
 1554  facility in its jurisdiction is not required to develop a
 1555  wastewater treatment plan unless there is a demonstrated need to
 1556  establish a domestic wastewater treatment facility within its
 1557  jurisdiction to improve water quality necessary to achieve a
 1558  total maximum daily load. A local government is not responsible
 1559  for a private domestic wastewater facility’s compliance with a
 1560  basin management action plan unless such facility is operated
 1561  through a public-private partnership to which the local
 1562  government is a party.
 1563         b.An onsite sewage treatment and disposal system
 1564  remediation plan developed by each local government in
 1565  cooperation with the department, the Department of Health, water
 1566  management districts, and public and private domestic wastewater
 1567  treatment facilities.
 1568         (I)The onsite sewage treatment and disposal system
 1569  remediation plan must identify cost-effective and financially
 1570  feasible projects necessary to achieve the nutrient load
 1571  reductions required for onsite sewage treatment and disposal
 1572  systems. To identify cost-effective and financially feasible
 1573  projects for remediation of onsite sewage treatment and disposal
 1574  systems, the local government shall:
 1575         (A)Include an inventory of onsite sewage treatment and
 1576  disposal systems based on the best information available;
 1577         (B)Identify onsite sewage treatment and disposal systems
 1578  that would be eliminated through connection to existing or
 1579  future central domestic wastewater infrastructure in the
 1580  jurisdiction or domestic wastewater service area of the local
 1581  government, that would be replaced with or upgraded to enhanced
 1582  nutrient-reducing systems, or that would remain on conventional
 1583  onsite sewage treatment and disposal systems;
 1584         (C)Estimate the costs of potential onsite sewage treatment
 1585  and disposal systems connections, upgrades, or replacements; and
 1586         (D)Identify deadlines and interim milestones for the
 1587  planning, design, and construction of projects.
 1588         (II)The department shall adopt the onsite sewage treatment
 1589  and disposal system remediation plan as part of the basin
 1590  management action plan no later than July 1, 2025, or as
 1591  required for Outstanding Florida Springs under s. 373.807.
 1592         10.When identifying wastewater projects in a basin
 1593  management action plan, the department may not require the
 1594  higher cost option if it achieves the same nutrient load
 1595  reduction as a lower cost option. A regulated entity may choose
 1596  a different cost option if it complies with the pollutant
 1597  reduction requirements of an adopted total maximum daily load
 1598  and provides additional benefits.
 1599         (b) Total maximum daily load implementation.—
 1600         1. The department shall be the lead agency in coordinating
 1601  the implementation of the total maximum daily loads through
 1602  existing water quality protection programs. Application of a
 1603  total maximum daily load by a water management district must be
 1604  consistent with this section and does not require the issuance
 1605  of an order or a separate action pursuant to s. 120.536(1) or s.
 1606  120.54 for the adoption of the calculation and allocation
 1607  previously established by the department. Such programs may
 1608  include, but are not limited to:
 1609         a. Permitting and other existing regulatory programs,
 1610  including water-quality-based effluent limitations;
 1611         b. Nonregulatory and incentive-based programs, including
 1612  best management practices, cost sharing, waste minimization,
 1613  pollution prevention, agreements established pursuant to s.
 1614  403.061(22) s. 403.061(21), and public education;
 1615         c. Other water quality management and restoration
 1616  activities, for example surface water improvement and management
 1617  plans approved by water management districts or basin management
 1618  action plans developed pursuant to this subsection;
 1619         d. Trading of water quality credits or other equitable
 1620  economically based agreements;
 1621         e. Public works including capital facilities; or
 1622         f. Land acquisition.
 1623         2. For a basin management action plan adopted pursuant to
 1624  paragraph (a), any management strategies and pollutant reduction
 1625  requirements associated with a pollutant of concern for which a
 1626  total maximum daily load has been developed, including effluent
 1627  limits set forth for a discharger subject to NPDES permitting,
 1628  if any, must be included in a timely manner in subsequent NPDES
 1629  permits or permit modifications for that discharger. The
 1630  department may not impose limits or conditions implementing an
 1631  adopted total maximum daily load in an NPDES permit until the
 1632  permit expires, the discharge is modified, or the permit is
 1633  reopened pursuant to an adopted basin management action plan.
 1634         a. Absent a detailed allocation, total maximum daily loads
 1635  must be implemented through NPDES permit conditions that provide
 1636  for a compliance schedule. In such instances, a facility’s NPDES
 1637  permit must allow time for the issuance of an order adopting the
 1638  basin management action plan. The time allowed for the issuance
 1639  of an order adopting the plan may not exceed 5 years. Upon
 1640  issuance of an order adopting the plan, the permit must be
 1641  reopened or renewed, as necessary, and permit conditions
 1642  consistent with the plan must be established. Notwithstanding
 1643  the other provisions of this subparagraph, upon request by an
 1644  NPDES permittee, the department as part of a permit issuance,
 1645  renewal, or modification may establish individual allocations
 1646  before the adoption of a basin management action plan.
 1647         b. For holders of NPDES municipal separate storm sewer
 1648  system permits and other stormwater sources, implementation of a
 1649  total maximum daily load or basin management action plan must be
 1650  achieved, to the maximum extent practicable, through the use of
 1651  best management practices or other management measures.
 1652         c. The basin management action plan does not relieve the
 1653  discharger from any requirement to obtain, renew, or modify an
 1654  NPDES permit or to abide by other requirements of the permit.
 1655         d. Management strategies set forth in a basin management
 1656  action plan to be implemented by a discharger subject to
 1657  permitting by the department must be completed pursuant to the
 1658  schedule set forth in the basin management action plan. This
 1659  implementation schedule may extend beyond the 5-year term of an
 1660  NPDES permit.
 1661         e. Management strategies and pollution reduction
 1662  requirements set forth in a basin management action plan for a
 1663  specific pollutant of concern are not subject to challenge under
 1664  chapter 120 at the time they are incorporated, in an identical
 1665  form, into a subsequent NPDES permit or permit modification.
 1666         f. For nonagricultural pollutant sources not subject to
 1667  NPDES permitting but permitted pursuant to other state,
 1668  regional, or local water quality programs, the pollutant
 1669  reduction actions adopted in a basin management action plan must
 1670  be implemented to the maximum extent practicable as part of
 1671  those permitting programs.
 1672         g. A nonpoint source discharger included in a basin
 1673  management action plan must demonstrate compliance with the
 1674  pollutant reductions established under subsection (6) by
 1675  implementing the appropriate best management practices
 1676  established pursuant to paragraph (c) or conducting water
 1677  quality monitoring prescribed by the department or a water
 1678  management district. A nonpoint source discharger may, in
 1679  accordance with department rules, supplement the implementation
 1680  of best management practices with water quality credit trades in
 1681  order to demonstrate compliance with the pollutant reductions
 1682  established under subsection (6).
 1683         h. A nonpoint source discharger included in a basin
 1684  management action plan may be subject to enforcement action by
 1685  the department or a water management district based upon a
 1686  failure to implement the responsibilities set forth in sub
 1687  subparagraph g.
 1688         i. A landowner, discharger, or other responsible person who
 1689  is implementing applicable management strategies specified in an
 1690  adopted basin management action plan may not be required by
 1691  permit, enforcement action, or otherwise to implement additional
 1692  management strategies, including water quality credit trading,
 1693  to reduce pollutant loads to attain the pollutant reductions
 1694  established pursuant to subsection (6) and shall be deemed to be
 1695  in compliance with this section. This subparagraph does not
 1696  limit the authority of the department to amend a basin
 1697  management action plan as specified in subparagraph (a)6.
 1698         (c) Best management practices.—
 1699         1. The department, in cooperation with the water management
 1700  districts and other interested parties, as appropriate, may
 1701  develop suitable interim measures, best management practices, or
 1702  other measures necessary to achieve the level of pollution
 1703  reduction established by the department for nonagricultural
 1704  nonpoint pollutant sources in allocations developed pursuant to
 1705  subsection (6) and this subsection. These practices and measures
 1706  may be adopted by rule by the department and the water
 1707  management districts and, where adopted by rule, shall be
 1708  implemented by those parties responsible for nonagricultural
 1709  nonpoint source pollution.
 1710         2. The Department of Agriculture and Consumer Services may
 1711  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1712  suitable interim measures, best management practices, or other
 1713  measures necessary to achieve the level of pollution reduction
 1714  established by the department for agricultural pollutant sources
 1715  in allocations developed pursuant to subsection (6) and this
 1716  subsection or for programs implemented pursuant to paragraph
 1717  (12)(b). These practices and measures may be implemented by
 1718  those parties responsible for agricultural pollutant sources and
 1719  the department, the water management districts, and the
 1720  Department of Agriculture and Consumer Services shall assist
 1721  with implementation. In the process of developing and adopting
 1722  rules for interim measures, best management practices, or other
 1723  measures, the Department of Agriculture and Consumer Services
 1724  shall consult with the department, the Department of Health, the
 1725  water management districts, representatives from affected
 1726  farming groups, and environmental group representatives. Such
 1727  rules must also incorporate provisions for a notice of intent to
 1728  implement the practices and a system to assure the
 1729  implementation of the practices, including site inspection and
 1730  recordkeeping requirements.
 1731         3. Where interim measures, best management practices, or
 1732  other measures are adopted by rule, the effectiveness of such
 1733  practices in achieving the levels of pollution reduction
 1734  established in allocations developed by the department pursuant
 1735  to subsection (6) and this subsection or in programs implemented
 1736  pursuant to paragraph (12)(b) must be verified at representative
 1737  sites by the department. The department shall use best
 1738  professional judgment in making the initial verification that
 1739  the best management practices are reasonably expected to be
 1740  effective and, where applicable, must notify the appropriate
 1741  water management district or the Department of Agriculture and
 1742  Consumer Services of its initial verification before the
 1743  adoption of a rule proposed pursuant to this paragraph.
 1744  Implementation, in accordance with rules adopted under this
 1745  paragraph, of practices that have been initially verified to be
 1746  effective, or verified to be effective by monitoring at
 1747  representative sites, by the department, shall provide a
 1748  presumption of compliance with state water quality standards and
 1749  release from the provisions of s. 376.307(5) for those
 1750  pollutants addressed by the practices, and the department is not
 1751  authorized to institute proceedings against the owner of the
 1752  source of pollution to recover costs or damages associated with
 1753  the contamination of surface water or groundwater caused by
 1754  those pollutants. Research projects funded by the department, a
 1755  water management district, or the Department of Agriculture and
 1756  Consumer Services to develop or demonstrate interim measures or
 1757  best management practices shall be granted a presumption of
 1758  compliance with state water quality standards and a release from
 1759  the provisions of s. 376.307(5). The presumption of compliance
 1760  and release is limited to the research site and only for those
 1761  pollutants addressed by the interim measures or best management
 1762  practices. Eligibility for the presumption of compliance and
 1763  release is limited to research projects on sites where the owner
 1764  or operator of the research site and the department, a water
 1765  management district, or the Department of Agriculture and
 1766  Consumer Services have entered into a contract or other
 1767  agreement that, at a minimum, specifies the research objectives,
 1768  the cost-share responsibilities of the parties, and a schedule
 1769  that details the beginning and ending dates of the project.
 1770         4. Where water quality problems are demonstrated, despite
 1771  the appropriate implementation, operation, and maintenance of
 1772  best management practices and other measures required by rules
 1773  adopted under this paragraph, the department, a water management
 1774  district, or the Department of Agriculture and Consumer
 1775  Services, in consultation with the department, shall institute a
 1776  reevaluation of the best management practice or other measure.
 1777  Should the reevaluation determine that the best management
 1778  practice or other measure requires modification, the department,
 1779  a water management district, or the Department of Agriculture
 1780  and Consumer Services, as appropriate, shall revise the rule to
 1781  require implementation of the modified practice within a
 1782  reasonable time period as specified in the rule.
 1783         5. Subject to subparagraph 6., the Department of
 1784  Agriculture and Consumer Services shall provide to the
 1785  department information that it obtains pursuant to subparagraph
 1786  (d)3.
 1787         6. Agricultural records relating to processes or methods of
 1788  production, costs of production, profits, or other financial
 1789  information held by the Department of Agriculture and Consumer
 1790  Services pursuant to subparagraphs 3., and 4., and 5. or
 1791  pursuant to any rule adopted pursuant to subparagraph 2. are
 1792  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1793  of the State Constitution. Upon request, records made
 1794  confidential and exempt pursuant to this subparagraph shall be
 1795  released to the department or any water management district
 1796  provided that the confidentiality specified by this subparagraph
 1797  for such records is maintained.
 1798         7.6.The provisions of Subparagraphs 1. and 2. do not
 1799  preclude the department or water management district from
 1800  requiring compliance with water quality standards or with
 1801  current best management practice requirements set forth in any
 1802  applicable regulatory program authorized by law for the purpose
 1803  of protecting water quality. Additionally, subparagraphs 1. and
 1804  2. are applicable only to the extent that they do not conflict
 1805  with any rules adopted by the department that are necessary to
 1806  maintain a federally delegated or approved program.
 1807         (d) Enforcement and verification of basin management action
 1808  plans and management strategies.—
 1809         1. Basin management action plans are enforceable pursuant
 1810  to this section and ss. 403.121, 403.141, and 403.161.
 1811  Management strategies, including best management practices and
 1812  water quality monitoring, are enforceable under this chapter.
 1813         2. No later than January 1, 2017:
 1814         a. The department, in consultation with the water
 1815  management districts and the Department of Agriculture and
 1816  Consumer Services, shall initiate rulemaking to adopt procedures
 1817  to verify implementation of water quality monitoring required in
 1818  lieu of implementation of best management practices or other
 1819  measures pursuant to sub-subparagraph (b)2.g.;
 1820         b. The department, in consultation with the water
 1821  management districts and the Department of Agriculture and
 1822  Consumer Services, shall initiate rulemaking to adopt procedures
 1823  to verify implementation of nonagricultural interim measures,
 1824  best management practices, or other measures adopted by rule
 1825  pursuant to subparagraph (c)1.; and
 1826         c. The Department of Agriculture and Consumer Services, in
 1827  consultation with the water management districts and the
 1828  department, shall initiate rulemaking to adopt procedures to
 1829  verify implementation of agricultural interim measures, best
 1830  management practices, or other measures adopted by rule pursuant
 1831  to subparagraph(c)2.
 1832  
 1833  The rules required under this subparagraph shall include
 1834  enforcement procedures applicable to the landowner, discharger,
 1835  or other responsible person required to implement applicable
 1836  management strategies, including best management practices or
 1837  water quality monitoring as a result of noncompliance.
 1838         3.At least every 2 years, the Department of Agriculture
 1839  and Consumer Services shall perform onsite inspections of each
 1840  agricultural producer that enrolls in a best management practice
 1841  to ensure that such practice is being properly implemented. Such
 1842  verification must include a collection and review of the best
 1843  management practice documentation from the previous 2 years
 1844  required by rule adopted in accordance with subparagraph (c)2.,
 1845  including, but not limited to, nitrogen and phosphorous
 1846  fertilizer application records, which must be collected and
 1847  retained pursuant to subparagraphs (c)3., 4., and 6. The
 1848  Department of Agriculture and Consumer Services shall initially
 1849  prioritize the inspection of agricultural producers located in
 1850  the basin management action plans for Lake Okeechobee, the
 1851  Indian River Lagoon, the Caloosahatchee River and Estuary, and
 1852  Silver Springs.
 1853         (e)Cooperative agricultural regional water quality
 1854  improvement element.
 1855         1.The department, the Department of Agriculture and
 1856  Consumer Services, and owners of agricultural operations in the
 1857  basin shall develop a cooperative agricultural regional water
 1858  quality improvement element as part of a basin management action
 1859  plan only if:
 1860         a.Agricultural measures have been adopted by the
 1861  Department of Agriculture and Consumer Services pursuant to
 1862  subparagraph (c)2. and have been implemented and the waterbody
 1863  remains impaired;
 1864         b.Agricultural nonpoint sources contribute to at least 20
 1865  percent of nonpoint source nutrient discharges; and
 1866         c.The department determines that additional measures, in
 1867  combination with state-sponsored regional projects and other
 1868  management strategies included in the basin management action
 1869  plan, are necessary to achieve the total maximum daily load.
 1870         2.The element will be implemented through the use of cost
 1871  sharing projects. The element must include cost-effective and
 1872  technically and financially practical cooperative regional
 1873  agricultural nutrient reduction projects that can be implemented
 1874  on private properties on a site-specific, cooperative basis.
 1875  Such cooperative regional agricultural nutrient reduction
 1876  projects may include land acquisition in fee or conservation
 1877  easements on the lands of willing sellers and site-specific
 1878  water quality improvement or dispersed water management projects
 1879  on the lands of project participants.
 1880         3.To qualify for participation in the cooperative
 1881  agricultural regional water quality improvement element, the
 1882  participant must have already implemented the interim measures,
 1883  best management practices, or other measures adopted by the
 1884  Department of Agriculture and Consumer Services pursuant to
 1885  subparagraph (c)2. The element may be included in the basin
 1886  management action plan as a part of the next 5-year assessment
 1887  under subparagraph (a)6.
 1888         4.The department may submit a legislative budget request
 1889  to fund projects developed pursuant to this paragraph.
 1890         (f)Data collection and research.—
 1891         1.The Department of Agriculture and Consumer Services, in
 1892  cooperation with the University of Florida Institute of Food and
 1893  Agricultural Sciences and other state universities and Florida
 1894  College System institutions with agricultural research programs,
 1895  shall annually develop research plans and legislative budget
 1896  requests to:
 1897         a.Evaluate and suggest enhancements to the existing
 1898  adopted agricultural best management practices to reduce
 1899  nutrient runoff;
 1900         b.Develop new best management practices that, if proven
 1901  effective, the Department of Agriculture and Consumer Services
 1902  may adopt by rule pursuant to subparagraph (c)2.; and
 1903         c.Develop agricultural nutrient runoff reduction projects
 1904  that willing participants could implement on a site-specific,
 1905  cooperative basis, in addition to best management practices. The
 1906  department may consider these projects for inclusion in a basin
 1907  management action plan. These nutrient runoff reduction projects
 1908  must reduce the nutrient impacts from agricultural operations on
 1909  water quality when evaluated with the projects and management
 1910  strategies currently included in the basin management action
 1911  plan.
 1912         2.To be considered for funding, the University of Florida
 1913  Institute of Food and Agricultural Sciences and other state
 1914  universities and Florida College System institutions that have
 1915  agricultural research programs must submit such plans to the
 1916  department and the Department of Agriculture and Consumer
 1917  Services by August 1, 2020, for the 2021-2022 fiscal year, and
 1918  by May 1 for each subsequent fiscal year.
 1919         3.The department shall work with the University of Florida
 1920  Institute of Food and Agricultural Sciences and regulated
 1921  entities to consider the adoption by rule of best management
 1922  practices for nutrient impacts from golf courses. Such adopted
 1923  best management practices are subject to the requirements of
 1924  paragraph (c).
 1925         Section 14. Section 403.0671, Florida Statutes, is created
 1926  to read:
 1927         403.0671Basin management action plan wastewater reports.—
 1928         (1)By July 1, 2021, the department, in coordination with
 1929  the county health departments, wastewater treatment facilities,
 1930  and other governmental entities, shall submit a report to the
 1931  Governor, the President of the Senate, and the Speaker of the
 1932  House of Representatives evaluating the costs of wastewater
 1933  projects identified in the basin management action plans
 1934  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1935  sewage treatment and disposal system remediation plans and other
 1936  restoration plans developed to meet the total maximum daily
 1937  loads required under s. 403.067. The report must include:
 1938         (a)Projects to:
 1939         1.Replace onsite sewage treatment and disposal systems
 1940  with enhanced nutrient reducing onsite sewage treatment and
 1941  disposal systems.
 1942         2.Install or retrofit onsite sewage treatment and disposal
 1943  systems with enhanced nutrient reducing technologies.
 1944         3.Construct, upgrade, or expand domestic wastewater
 1945  treatment facilities to meet the wastewater treatment plan
 1946  required under s. 403.067(7)(a)9.
 1947         4.Connect onsite sewage treatment and disposal systems to
 1948  domestic wastewater treatment facilities;
 1949         (b)The estimated costs, nutrient load reduction estimates,
 1950  and other benefits of each project;
 1951         (c)The estimated implementation timeline for each project;
 1952         (d)A proposed 5-year funding plan for each project and the
 1953  source and amount of financial assistance the department, a
 1954  water management district, or other project partner will make
 1955  available to fund the project; and
 1956         (e)The projected costs of installing enhanced nutrient
 1957  reducing onsite sewage treatment and disposal systems on
 1958  buildable lots in priority focus areas to comply with s.
 1959  373.811.
 1960         (2)By July 1, 2021, the department shall submit a report
 1961  to the Governor, the President of the Senate, and the Speaker of
 1962  the House of Representatives that provides an assessment of the
 1963  water quality monitoring being conducted for each basin
 1964  management action plan implementing a nutrient total maximum
 1965  daily load. In developing the report, the department may
 1966  coordinate with water management districts and any applicable
 1967  university. The report must:
 1968         (a)Evaluate the water quality monitoring prescribed for
 1969  each basin management action plan to determine if it is
 1970  sufficient to detect changes in water quality caused by the
 1971  implementation of a project.
 1972         (b)Identify gaps in water quality monitoring.
 1973         (c)Recommend ways to address water quality monitoring
 1974  needs.
 1975         (3)Beginning January 1, 2022, and each January 1
 1976  thereafter, the department shall submit to the Office of
 1977  Economic and Demographic Research the cost estimates for
 1978  projects required under s. 403.067(7)(a)9. The office shall
 1979  include the project cost estimates in its annual assessment
 1980  conducted pursuant to s. 403.928.
 1981         Section 15. Section 403.0673, Florida Statutes, is created
 1982  to read:
 1983         403.0673Wastewater grant program.—A wastewater grant
 1984  program is established within the Department of Environmental
 1985  Protection.
 1986         (1)Subject to the appropriation of funds by the
 1987  Legislature, the department may provide grants for the following
 1988  projects within a basin management action plan, an alternative
 1989  restoration plan adopted by final order, or a rural area of
 1990  opportunity under s. 288.0656 which will individually or
 1991  collectively reduce excess nutrient pollution:
 1992         (a)Projects to retrofit onsite sewage treatment and
 1993  disposal systems to upgrade them to enhanced nutrient-reducing
 1994  onsite sewage treatment and disposal systems.
 1995         (b)Projects to construct, upgrade, or expand facilities to
 1996  provide advanced waste treatment, as defined in s. 403.086(4).
 1997         (c)Projects to connect onsite sewage treatment and
 1998  disposal systems to central sewer facilities.
 1999         (2)In allocating such funds, priority must be given to
 2000  projects that subsidize the connection of onsite sewage
 2001  treatment and disposal systems to wastewater treatment plants.
 2002  First priority must be given to subsidize connection to existing
 2003  infrastructure. Second priority must be given to any expansion
 2004  of a collection or transmission system that promotes efficiency
 2005  by planning the installation of wastewater transmission
 2006  facilities to be constructed concurrently with other
 2007  construction projects occurring within or along a transportation
 2008  facility right-of-way. Third priority must be given to all other
 2009  connection of onsite sewage treatment and disposal systems to
 2010  wastewater treatment plants. The department shall consider the
 2011  estimated reduction in nutrient load per project; project
 2012  readiness; cost-effectiveness of the project; overall
 2013  environmental benefit of a project; the location of a project;
 2014  the availability of local matching funds; and projected water
 2015  savings or quantity improvements associated with a project.
 2016         (3)Each grant for a project described in subsection (1)
 2017  must require a minimum of a 50 percent local match of funds.
 2018  However, the department may, at its discretion, waive, in whole
 2019  or in part, this consideration of the local contribution for
 2020  proposed projects within an area designated as a rural area of
 2021  opportunity under s. 288.0656.
 2022         (4)The department shall coordinate with each water
 2023  management district, as necessary, to identify grant recipients
 2024  in each district.
 2025         (5)Beginning January 1, 2021, and each January 1
 2026  thereafter, the department shall submit a report regarding the
 2027  projects funded pursuant to this section to the Governor, the
 2028  President of the Senate, and the Speaker of the House of
 2029  Representatives.
 2030         Section 16. Section 403.0855, Florida Statutes, is created
 2031  to read:
 2032         403.0855 Biosolids management.—
 2033         (1)The Legislature finds that it is in the best interest
 2034  of this state to regulate biosolids management in order to
 2035  minimize the offsite migration of nutrients that impair
 2036  waterbodies. The Legislature further finds that the expedited
 2037  implementation of the recommendations of the Biosolids Technical
 2038  Advisory Committee, including permitting according to site
 2039  specific application conditions, an increased inspection rate,
 2040  groundwater and surface water monitoring protocols, and nutrient
 2041  management research, will improve biosolids management and
 2042  assist in protecting this state’s water resources and water
 2043  quality.
 2044         (2)The department shall adopt rules for biosolids
 2045  management.
 2046         (3)Effective July 1, 2020, all biosolids application sites
 2047  must meet department rules in effect at the time of the renewal
 2048  of the biosolids application site permit or facility permit.
 2049         (4)A municipality or county may enforce or extend an
 2050  ordinance, a regulation, a resolution, a rule, a moratorium, or
 2051  a policy, any of which was adopted before November 1, 2019,
 2052  relating to the land application of Class B biosolids until the
 2053  ordinance, regulation, resolution, rule, moratorium, or policy
 2054  is repealed by the municipality or county.
 2055         (5)The permittee of a biosolids land application site
 2056  shall:
 2057         (a)Conduct the land application of biosolids in accordance
 2058  with basin management action plans adopted in accordance with
 2059  ss. 373.807 and 403.067(7).
 2060         (b)Establish a groundwater monitoring program approved by
 2061  the department for land application sites when:
 2062         1.The application rate in the nutrient management plan
 2063  exceeds more than 160 pounds per acre per year of total plant
 2064  available nitrogen or 40 pounds per acre per year of total P2O5;
 2065  or
 2066         2.The soil capacity index is less than 0 mg/kg.
 2067         (c)When soil fertility testing indicates the soil capacity
 2068  index has become less than 0 mg/kg, establish a groundwater
 2069  monitoring program in accordance with department rules within 1
 2070  year of the date of the sampling results.
 2071         (d)When groundwater monitoring is not required, allow the
 2072  department to install groundwater monitoring wells at any time
 2073  during the effective period of the department-issued facility or
 2074  land application site permit and conduct monitoring.
 2075         (e)Ensure a minimum unsaturated soil depth of 2 feet
 2076  between the depth of biosolids placement and the water table
 2077  level at the time the Class A or Class B biosolids are applied
 2078  to the soil. Biosolids may not be applied on soils that have a
 2079  seasonal high-water table less than 15 centimeters from the soil
 2080  surface or within 15 centimeters of the intended depth of
 2081  biosolids placement. As used in this section, the term “seasonal
 2082  high water” means the elevation to which the ground and surface
 2083  water may be expected to rise due to a normal wet season.
 2084         (f)Be enrolled in the Department of Agriculture and
 2085  Consumer Service’s Best Management Practices Program or be
 2086  within an agricultural operation enrolled in the program for the
 2087  applicable commodity type.
 2088         (6)This subsection and subsection (5) are repealed upon
 2089  the effective date of biosolids rules adopted by the department
 2090  after July 1, 2020.
 2091         Section 17. Present subsections (7) through (10) of section
 2092  403.086, Florida Statutes, are redesignated as subsections (8)
 2093  through (11), respectively, paragraph (d) is added to subsection
 2094  (1) of that section, a new subsection (7) is added to that
 2095  section, and paragraph (c) of subsection (1) and subsection (2)
 2096  of that section are amended, to read:
 2097         403.086 Sewage disposal facilities; advanced and secondary
 2098  waste treatment.—
 2099         (1)
 2100         (c) Notwithstanding any other provisions of this chapter or
 2101  chapter 373, facilities for sanitary sewage disposal may not
 2102  dispose of any wastes into Old Tampa Bay, Tampa Bay,
 2103  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
 2104  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
 2105  or Charlotte Harbor Bay, or, beginning July 1, 2025, Indian
 2106  River Lagoon, or into any river, stream, channel, canal, bay,
 2107  bayou, sound, or other water tributary thereto, without
 2108  providing advanced waste treatment, as defined in subsection
 2109  (4), approved by the department. This paragraph does shall not
 2110  apply to facilities which were permitted by February 1, 1987,
 2111  and which discharge secondary treated effluent, followed by
 2112  water hyacinth treatment, to tributaries of tributaries of the
 2113  named waters; or to facilities permitted to discharge to the
 2114  nontidally influenced portions of the Peace River.
 2115         (d)By December 31, 2020, the department, in consultation
 2116  with the water management districts and sewage disposal
 2117  facilities, shall submit to the Governor, the President of the
 2118  Senate, and the Speaker of the House of Representatives a
 2119  progress report on the status of upgrades made by each facility
 2120  to meet the advanced waste treatment requirements under
 2121  paragraph (c). The report must include a list of sewage disposal
 2122  facilities required to upgrade to advanced waste treatment, the
 2123  preliminary cost estimates for the upgrades, and a projected
 2124  timeline of the dates by which the upgrades will begin and be
 2125  completed and the date by which operations of the upgraded
 2126  facility will begin.
 2127         (2) Any facilities for sanitary sewage disposal shall
 2128  provide for secondary waste treatment, a power outage
 2129  contingency plan that mitigates the impacts of power outages on
 2130  the utility’s collection system and pump stations, and, in
 2131  addition thereto, advanced waste treatment as deemed necessary
 2132  and ordered by the Department of Environmental Protection.
 2133  Failure to conform is shall be punishable by a civil penalty of
 2134  $500 for each 24-hour day or fraction thereof that such failure
 2135  is allowed to continue thereafter.
 2136         (7)All facilities for sanitary sewage under subsection (2)
 2137  which control a collection or transmission system of pipes and
 2138  pumps to collect and transmit wastewater from domestic or
 2139  industrial sources to the facility shall take steps to prevent
 2140  sanitary sewer overflows or underground pipe leaks and ensure
 2141  that collected wastewater reaches the facility for appropriate
 2142  treatment. Facilities must use inflow and infiltration studies
 2143  and leakage surveys to develop pipe assessment, repair, and
 2144  replacement action plans with at least a 5-year planning horizon
 2145  which comply with department rule to limit, reduce, and
 2146  eliminate leaks, seepages, or inputs into wastewater treatment
 2147  systems’ underground pipes. The pipe assessment, repair, and
 2148  replacement action plans must be reported to the department. The
 2149  facility action plan must include information regarding the
 2150  annual expenditures dedicated to the inflow and infiltration
 2151  studies and the required replacement action plans; expenditures
 2152  that are dedicated to pipe assessment, repair, and replacement;
 2153  and expenditures designed to limit the presence of fats, roots,
 2154  oils, and grease in the utility’s collection system. The
 2155  department shall adopt rules regarding the implementation of
 2156  inflow and infiltration studies and leakage surveys; however,
 2157  such department rules may not fix or revise utility rates or
 2158  budgets. Any entity subject to this subsection and s.
 2159  403.061(14) may submit one report to comply with both
 2160  provisions. Substantial compliance with this subsection is
 2161  evidence in mitigation for the purposes of assessing penalties
 2162  pursuant to ss. 403.121 and 403.141.
 2163         Section 18. Present subsections (4) through (10) of section
 2164  403.087, Florida Statutes, are redesignated as subsections (5)
 2165  through (11), respectively, and a new subsection (4) is added to
 2166  that section, to read:
 2167         403.087 Permits; general issuance; denial; revocation;
 2168  prohibition; penalty.—
 2169         (4) The department shall issue an operation permit for a
 2170  domestic wastewater treatment facility other than a facility
 2171  regulated under the National Pollutant Discharge Elimination
 2172  System Program under s. 403.0885 for a term of up to 10 years if
 2173  the facility is meeting the stated goals in its action plan
 2174  adopted pursuant to s. 403.086(7).
 2175         Section 19. Present subsections (3) and (4) of section
 2176  403.088, Florida Statutes, are redesignated as subsections (4)
 2177  and (5), respectively, a new subsection (3) is added to that
 2178  section, and paragraph (c) of subsection (2) of that section is
 2179  amended, to read:
 2180         403.088 Water pollution operation permits; conditions.—
 2181         (2)
 2182         (c) A permit shall:
 2183         1. Specify the manner, nature, volume, and frequency of the
 2184  discharge permitted;
 2185         2. Require proper operation and maintenance of any
 2186  pollution abatement facility by qualified personnel in
 2187  accordance with standards established by the department;
 2188         3. Require a deliberate, proactive approach to
 2189  investigating or surveying a significant percentage of the
 2190  domestic wastewater collection system throughout the duration of
 2191  the permit to determine pipe integrity, which must be
 2192  accomplished in an economically feasible manner. The permittee
 2193  shall submit an annual report to the department which details
 2194  facility revenues and expenditures in a manner prescribed by
 2195  department rule. The report must detail any deviation of annual
 2196  expenditures from identified system needs related to inflow and
 2197  infiltration studies; model plans for pipe assessment, repair,
 2198  and replacement; and pipe assessment, repair, and replacement
 2199  required under s. 403.086(7). Substantial compliance with this
 2200  subsection is evidence in mitigation for the purposes of
 2201  assessing penalties pursuant to ss. 403.121 and 403.141;
 2202         4. Contain such additional conditions, requirements, and
 2203  restrictions as the department deems necessary to preserve and
 2204  protect the quality of the receiving waters;
 2205         5.4. Be valid for the period of time specified therein; and
 2206         6.5. Constitute the state National Pollutant Discharge
 2207  Elimination System permit when issued pursuant to the authority
 2208  in s. 403.0885.
 2209         (3)No later than March 1 of each year, the department
 2210  shall submit a report to the Governor, the President of the
 2211  Senate, and the Speaker of the House of Representatives which
 2212  identifies all domestic wastewater treatment facilities that
 2213  experienced a sanitary sewer overflow in the preceding calendar
 2214  year. The report must identify the utility or responsible
 2215  operating entity name, permitted capacity in annual average
 2216  gallons per day, number of overflows, type of water discharged,
 2217  and total volume of sewage released, and, to the extent known
 2218  and available, volume of sewage recovered, volume of sewage
 2219  discharged to surface waters, and cause of the sanitary sewer
 2220  overflow, including whether caused by a third party. The
 2221  department shall include with this report the annual report
 2222  specified under subparagraph (2)(c)3. for each utility that
 2223  experienced an overflow.
 2224         Section 20. Subsection (6) of section 403.0891, Florida
 2225  Statutes, is amended to read:
 2226         403.0891 State, regional, and local stormwater management
 2227  plans and programs.—The department, the water management
 2228  districts, and local governments shall have the responsibility
 2229  for the development of mutually compatible stormwater management
 2230  programs.
 2231         (6) The department and the Department of Economic
 2232  Opportunity, in cooperation with local governments in the
 2233  coastal zone, shall develop a model stormwater management
 2234  program that could be adopted by local governments. The model
 2235  program must contain model ordinances that target nutrient
 2236  reduction practices and use green infrastructure. The model
 2237  program shall contain dedicated funding options, including a
 2238  stormwater utility fee system based upon an equitable unit cost
 2239  approach. Funding options shall be designed to generate capital
 2240  to retrofit existing stormwater management systems, build new
 2241  treatment systems, operate facilities, and maintain and service
 2242  debt.
 2243         Section 21. Paragraphs (b) and (g) of subsection (2),
 2244  paragraph (b) of subsection (3), and subsection (9) of section
 2245  403.121, Florida Statutes, are amended to read:
 2246         403.121 Enforcement; procedure; remedies.—The department
 2247  shall have the following judicial and administrative remedies
 2248  available to it for violations of this chapter, as specified in
 2249  s. 403.161(1).
 2250         (2) Administrative remedies:
 2251         (b) If the department has reason to believe a violation has
 2252  occurred, it may institute an administrative proceeding to order
 2253  the prevention, abatement, or control of the conditions creating
 2254  the violation or other appropriate corrective action. Except for
 2255  violations involving hazardous wastes, asbestos, or underground
 2256  injection, the department shall proceed administratively in all
 2257  cases in which the department seeks administrative penalties
 2258  that do not exceed $50,000 $10,000 per assessment as calculated
 2259  in accordance with subsections (3), (4), (5), (6), and (7).
 2260  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 2261  assessed pursuant to subsection (3), subsection (4), or
 2262  subsection (5) against a public water system serving a
 2263  population of more than 10,000 shall be not less than $1,000 per
 2264  day per violation. The department shall not impose
 2265  administrative penalties in excess of $50,000 $10,000 in a
 2266  notice of violation. The department shall not have more than one
 2267  notice of violation seeking administrative penalties pending
 2268  against the same party at the same time unless the violations
 2269  occurred at a different site or the violations were discovered
 2270  by the department subsequent to the filing of a previous notice
 2271  of violation.
 2272         (g) Nothing herein shall be construed as preventing any
 2273  other legal or administrative action in accordance with law.
 2274  Nothing in this subsection shall limit the department’s
 2275  authority provided in ss. 403.131, 403.141, and this section to
 2276  judicially pursue injunctive relief. When the department
 2277  exercises its authority to judicially pursue injunctive relief,
 2278  penalties in any amount up to the statutory maximum sought by
 2279  the department must be pursued as part of the state court action
 2280  and not by initiating a separate administrative proceeding. The
 2281  department retains the authority to judicially pursue penalties
 2282  in excess of $50,000 $10,000 for violations not specifically
 2283  included in the administrative penalty schedule, or for multiple
 2284  or multiday violations alleged to exceed a total of $50,000
 2285  $10,000. The department also retains the authority provided in
 2286  ss. 403.131, 403.141, and this section to judicially pursue
 2287  injunctive relief and damages, if a notice of violation seeking
 2288  the imposition of administrative penalties has not been issued.
 2289  The department has the authority to enter into a settlement,
 2290  either before or after initiating a notice of violation, and the
 2291  settlement may include a penalty amount different from the
 2292  administrative penalty schedule. Any case filed in state court
 2293  because it is alleged to exceed a total of $50,000 $10,000 in
 2294  penalties may be settled in the court action for less than
 2295  $50,000 $10,000.
 2296         (3) Except for violations involving hazardous wastes,
 2297  asbestos, or underground injection, administrative penalties
 2298  must be calculated according to the following schedule:
 2299         (b) For failure to obtain a required wastewater permit,
 2300  other than a permit required for surface water discharge, the
 2301  department shall assess a penalty of $2,000 $1,000. For a
 2302  domestic or industrial wastewater violation not involving a
 2303  surface water or groundwater quality violation, the department
 2304  shall assess a penalty of $4,000 $2,000 for an unpermitted or
 2305  unauthorized discharge or effluent-limitation exceedance or
 2306  failure to comply with s. 403.061(14) or s. 403.086(7) or rules
 2307  adopted thereunder. For an unpermitted or unauthorized discharge
 2308  or effluent-limitation exceedance that resulted in a surface
 2309  water or groundwater quality violation, the department shall
 2310  assess a penalty of $10,000 $5,000.
 2311         (9) The administrative penalties assessed for any
 2312  particular violation shall not exceed $10,000 $5,000 against any
 2313  one violator, unless the violator has a history of
 2314  noncompliance, the economic benefit of the violation as
 2315  described in subsection (8) exceeds $10,000 $5,000, or there are
 2316  multiday violations. The total administrative penalties shall
 2317  not exceed $50,000 $10,000 per assessment for all violations
 2318  attributable to a specific person in the notice of violation.
 2319         Section 22. Subsection (7) of section 403.1835, Florida
 2320  Statutes, is amended to read:
 2321         403.1835 Water pollution control financial assistance.—
 2322         (7) Eligible projects must be given priority according to
 2323  the extent each project is intended to remove, mitigate, or
 2324  prevent adverse effects on surface or ground water quality and
 2325  public health. The relative costs of achieving environmental and
 2326  public health benefits must be taken into consideration during
 2327  the department’s assignment of project priorities. The
 2328  department shall adopt a priority system by rule. In developing
 2329  the priority system, the department shall give priority to
 2330  projects that:
 2331         (a) Eliminate public health hazards;
 2332         (b) Enable compliance with laws requiring the elimination
 2333  of discharges to specific water bodies, including the
 2334  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 2335  wastewater ocean outfalls;
 2336         (c) Assist in the implementation of total maximum daily
 2337  loads adopted under s. 403.067;
 2338         (d) Enable compliance with other pollution control
 2339  requirements, including, but not limited to, toxics control,
 2340  wastewater residuals management, and reduction of nutrients and
 2341  bacteria;
 2342         (e) Assist in the implementation of surface water
 2343  improvement and management plans and pollutant load reduction
 2344  goals developed under state water policy;
 2345         (f) Promote reclaimed water reuse;
 2346         (g) Eliminate failing onsite sewage treatment and disposal
 2347  systems or those that are causing environmental damage; or
 2348         (h) Reduce pollutants to and otherwise promote the
 2349  restoration of Florida’s surface and ground waters;.
 2350         (i)Implement the requirements of s. 403.086(7) or s.
 2351  403.088(2)(c); or
 2352         (j)Promote efficiency by planning for the installation of
 2353  wastewater transmission facilities to be constructed
 2354  concurrently with other construction projects occurring within
 2355  or along a transportation facility right-of-way.
 2356         Section 23. Paragraph (b) of subsection (3) of section
 2357  403.1838, Florida Statutes, is amended to read:
 2358         403.1838 Small Community Sewer Construction Assistance
 2359  Act.—
 2360         (3)
 2361         (b) The rules of the Environmental Regulation Commission
 2362  must:
 2363         1. Require that projects to plan, design, construct,
 2364  upgrade, or replace wastewater collection, transmission,
 2365  treatment, disposal, and reuse facilities be cost-effective,
 2366  environmentally sound, permittable, and implementable.
 2367         2. Require appropriate user charges, connection fees, and
 2368  other charges sufficient to ensure the long-term operation,
 2369  maintenance, and replacement of the facilities constructed under
 2370  each grant.
 2371         3. Require grant applications to be submitted on
 2372  appropriate forms with appropriate supporting documentation, and
 2373  require records to be maintained.
 2374         4. Establish a system to determine eligibility of grant
 2375  applications.
 2376         5. Establish a system to determine the relative priority of
 2377  grant applications. The system must consider public health
 2378  protection and water pollution prevention or abatement and must
 2379  prioritize projects that plan for the installation of wastewater
 2380  transmission facilities to be constructed concurrently with
 2381  other construction projects occurring within or along a
 2382  transportation facility right-of-way.
 2383         6. Establish requirements for competitive procurement of
 2384  engineering and construction services, materials, and equipment.
 2385         7. Provide for termination of grants when program
 2386  requirements are not met.
 2387         Section 24. Subsection (9) is added to section 403.412,
 2388  Florida Statutes, to read:
 2389         403.412 Environmental Protection Act.—
 2390         (9)(a)A local government regulation, ordinance, code,
 2391  rule, comprehensive plan, charter, or any other provision of law
 2392  may not recognize or grant any legal rights to a plant, an
 2393  animal, a body of water, or any other part of the natural
 2394  environment that is not a person or political subdivision as
 2395  defined in s. 1.01(8) or grant such person or political
 2396  subdivision any specific rights relating to the natural
 2397  environment not otherwise authorized in general law or
 2398  specifically granted in the State Constitution.
 2399         (b) This subsection does not limit the power of an
 2400  adversely affected party to challenge the consistency of a
 2401  development order with a comprehensive plan as provided in s.
 2402  163.3215 or to file an action for injunctive relief to enforce
 2403  the terms of a development agreement or challenge compliance of
 2404  the agreement as provided in s. 163.3243.
 2405         (c)This subsection does not limit the standing of the
 2406  Department of Legal Affairs, a political subdivision or
 2407  municipality of the state, or a citizen of the state to maintain
 2408  an action for injunctive relief as provided in this section.
 2409         Section 25. The Legislature determines and declares that
 2410  this act fulfills an important state interest.
 2411         Section 26. Effective July 1, 2021, subsection (5) of
 2412  section 153.54, Florida Statutes, is amended to read:
 2413         153.54 Preliminary report by county commissioners with
 2414  respect to creation of proposed district.—Upon receipt of a
 2415  petition duly signed by not less than 25 qualified electors who
 2416  are also freeholders residing within an area proposed to be
 2417  incorporated into a water and sewer district pursuant to this
 2418  law and describing in general terms the proposed boundaries of
 2419  such proposed district, the board of county commissioners if it
 2420  shall deem it necessary and advisable to create and establish
 2421  such proposed district for the purpose of constructing,
 2422  establishing or acquiring a water system or a sewer system or
 2423  both in and for such district (herein called “improvements”),
 2424  shall first cause a preliminary report to be made which such
 2425  report together with any other relevant or pertinent matters,
 2426  shall include at least the following:
 2427         (5) For the construction of a new proposed central sewerage
 2428  system or the extension of an existing sewerage system that was
 2429  not previously approved, the report shall include a study that
 2430  includes the available information from the Department of
 2431  Environmental Protection Health on the history of onsite sewage
 2432  treatment and disposal systems currently in use in the area and
 2433  a comparison of the projected costs to the owner of a typical
 2434  lot or parcel of connecting to and using the proposed sewerage
 2435  system versus installing, operating, and properly maintaining an
 2436  onsite sewage treatment and disposal system that is approved by
 2437  the Department of Environmental Protection Health and that
 2438  provides for the comparable level of environmental and health
 2439  protection as the proposed central sewerage system;
 2440  consideration of the local authority’s obligations or reasonably
 2441  anticipated obligations for water body cleanup and protection
 2442  under state or federal programs, including requirements for
 2443  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2444  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2445  deemed relevant by the local authority.
 2446  
 2447  Such report shall be filed in the office of the clerk of the
 2448  circuit court and shall be open for the inspection of any
 2449  taxpayer, property owner, qualified elector or any other
 2450  interested or affected person.
 2451         Section 27. Effective July 1, 2021, paragraph (c) of
 2452  subsection (2) of section 153.73, Florida Statutes, is amended
 2453  to read:
 2454         153.73 Assessable improvements; levy and payment of special
 2455  assessments.—Any district may provide for the construction or
 2456  reconstruction of assessable improvements as defined in s.
 2457  153.52, and for the levying of special assessments upon
 2458  benefited property for the payment thereof, under the provisions
 2459  of this section.
 2460         (2)
 2461         (c) For the construction of a new proposed central sewerage
 2462  system or the extension of an existing sewerage system that was
 2463  not previously approved, the report shall include a study that
 2464  includes the available information from the Department of
 2465  Environmental Protection Health on the history of onsite sewage
 2466  treatment and disposal systems currently in use in the area and
 2467  a comparison of the projected costs to the owner of a typical
 2468  lot or parcel of connecting to and using the proposed sewerage
 2469  system versus installing, operating, and properly maintaining an
 2470  onsite sewage treatment and disposal system that is approved by
 2471  the Department of Environmental Protection Health and that
 2472  provides for the comparable level of environmental and health
 2473  protection as the proposed central sewerage system;
 2474  consideration of the local authority’s obligations or reasonably
 2475  anticipated obligations for water body cleanup and protection
 2476  under state or federal programs, including requirements for
 2477  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2478  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2479  deemed relevant by the local authority.
 2480         Section 28. Effective July 1, 2021, subsection (2) of
 2481  section 163.3180, Florida Statutes, is amended to read:
 2482         163.3180 Concurrency.—
 2483         (2) Consistent with public health and safety, sanitary
 2484  sewer, solid waste, drainage, adequate water supplies, and
 2485  potable water facilities shall be in place and available to
 2486  serve new development no later than the issuance by the local
 2487  government of a certificate of occupancy or its functional
 2488  equivalent. Prior to approval of a building permit or its
 2489  functional equivalent, the local government shall consult with
 2490  the applicable water supplier to determine whether adequate
 2491  water supplies to serve the new development will be available no
 2492  later than the anticipated date of issuance by the local
 2493  government of a certificate of occupancy or its functional
 2494  equivalent. A local government may meet the concurrency
 2495  requirement for sanitary sewer through the use of onsite sewage
 2496  treatment and disposal systems approved by the Department of
 2497  Environmental Protection Health to serve new development.
 2498         Section 29. Effective July 1, 2021, subsection (3) of
 2499  section 180.03, Florida Statutes, is amended to read:
 2500         180.03 Resolution or ordinance proposing construction or
 2501  extension of utility; objections to same.—
 2502         (3) For the construction of a new proposed central sewerage
 2503  system or the extension of an existing central sewerage system
 2504  that was not previously approved, the report shall include a
 2505  study that includes the available information from the
 2506  Department of Environmental Protection Health on the history of
 2507  onsite sewage treatment and disposal systems currently in use in
 2508  the area and a comparison of the projected costs to the owner of
 2509  a typical lot or parcel of connecting to and using the proposed
 2510  central sewerage system versus installing, operating, and
 2511  properly maintaining an onsite sewage treatment and disposal
 2512  system that is approved by the Department of Environmental
 2513  Protection Health and that provides for the comparable level of
 2514  environmental and health protection as the proposed central
 2515  sewerage system; consideration of the local authority’s
 2516  obligations or reasonably anticipated obligations for water body
 2517  cleanup and protection under state or federal programs,
 2518  including requirements for water bodies listed under s. 303(d)
 2519  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 2520  et seq.; and other factors deemed relevant by the local
 2521  authority. The results of such a study shall be included in the
 2522  resolution or ordinance required under subsection (1).
 2523         Section 30. Subsections (2), (3), and (6) of section
 2524  311.105, Florida Statutes, are amended to read:
 2525         311.105 Florida Seaport Environmental Management Committee;
 2526  permitting; mitigation.—
 2527         (2) Each application for a permit authorized pursuant to s.
 2528  403.061(38) s. 403.061(37) must include:
 2529         (a) A description of maintenance dredging activities to be
 2530  conducted and proposed methods of dredged-material management.
 2531         (b) A characterization of the materials to be dredged and
 2532  the materials within dredged-material management sites.
 2533         (c) A description of dredged-material management sites and
 2534  plans.
 2535         (d) A description of measures to be undertaken, including
 2536  environmental compliance monitoring, to minimize adverse
 2537  environmental effects of maintenance dredging and dredged
 2538  material management.
 2539         (e) Such scheduling information as is required to
 2540  facilitate state supplementary funding of federal maintenance
 2541  dredging and dredged-material management programs consistent
 2542  with beach restoration criteria of the Department of
 2543  Environmental Protection.
 2544         (3) Each application for a permit authorized pursuant to s.
 2545  403.061(39) s. 403.061(38) must include the provisions of
 2546  paragraphs (2)(b)-(e) and the following:
 2547         (a) A description of dredging and dredged-material
 2548  management and other related activities associated with port
 2549  development, including the expansion of navigation channels,
 2550  dredged-material management sites, port harbors, turning basins,
 2551  harbor berths, and associated facilities.
 2552         (b) A discussion of environmental mitigation as is proposed
 2553  for dredging and dredged-material management for port
 2554  development, including the expansion of navigation channels,
 2555  dredged-material management sites, port harbors, turning basins,
 2556  harbor berths, and associated facilities.
 2557         (6) Dredged-material management activities authorized
 2558  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 2559  shall be incorporated into port master plans developed pursuant
 2560  to s. 163.3178(2)(k).
 2561         Section 31. Paragraph (d) of subsection (1) of section
 2562  327.46, Florida Statutes, is amended to read:
 2563         327.46 Boating-restricted areas.—
 2564         (1) Boating-restricted areas, including, but not limited
 2565  to, restrictions of vessel speeds and vessel traffic, may be
 2566  established on the waters of this state for any purpose
 2567  necessary to protect the safety of the public if such
 2568  restrictions are necessary based on boating accidents,
 2569  visibility, hazardous currents or water levels, vessel traffic
 2570  congestion, or other navigational hazards or to protect
 2571  seagrasses on privately owned submerged lands.
 2572         (d) Owners of private submerged lands that are adjacent to
 2573  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 2574  403.061(27), or an aquatic preserve established under ss.
 2575  258.39-258.399 may request that the commission establish
 2576  boating-restricted areas solely to protect any seagrass and
 2577  contiguous seagrass habitat within their private property
 2578  boundaries from seagrass scarring due to propeller dredging.
 2579  Owners making a request pursuant to this paragraph must
 2580  demonstrate to the commission clear ownership of the submerged
 2581  lands. The commission shall adopt rules to implement this
 2582  paragraph, including, but not limited to, establishing an
 2583  application process and criteria for meeting the requirements of
 2584  this paragraph. Each approved boating-restricted area shall be
 2585  established by commission rule. For marking boating-restricted
 2586  zones established pursuant to this paragraph, owners of
 2587  privately submerged lands shall apply to the commission for a
 2588  uniform waterway marker permit in accordance with ss. 327.40 and
 2589  327.41, and shall be responsible for marking the boating
 2590  restricted zone in accordance with the terms of the permit.
 2591         Section 32. Paragraph (d) of subsection (3) of section
 2592  373.250, Florida Statutes, is amended to read:
 2593         373.250 Reuse of reclaimed water.—
 2594         (3)
 2595         (d) The South Florida Water Management District shall
 2596  require the use of reclaimed water made available by the
 2597  elimination of wastewater ocean outfall discharges as provided
 2598  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 2599  groundwater when the use of reclaimed water is available; is
 2600  environmentally, economically, and technically feasible; and is
 2601  of such quality and reliability as is necessary to the user.
 2602  Such reclaimed water may also be required in lieu of other
 2603  alternative sources. In determining whether to require such
 2604  reclaimed water in lieu of other alternative sources, the water
 2605  management district shall consider existing infrastructure
 2606  investments in place or obligated to be constructed by an
 2607  executed contract or similar binding agreement as of July 1,
 2608  2011, for the development of other alternative sources.
 2609         Section 33. Subsection (9) of section 373.414, Florida
 2610  Statutes, is amended to read:
 2611         373.414 Additional criteria for activities in surface
 2612  waters and wetlands.—
 2613         (9) The department and the governing boards, on or before
 2614  July 1, 1994, shall adopt rules to incorporate the provisions of
 2615  this section, relying primarily on the existing rules of the
 2616  department and the water management districts, into the rules
 2617  governing the management and storage of surface waters. Such
 2618  rules shall seek to achieve a statewide, coordinated and
 2619  consistent permitting approach to activities regulated under
 2620  this part. Variations in permitting criteria in the rules of
 2621  individual water management districts or the department shall
 2622  only be provided to address differing physical or natural
 2623  characteristics. Such rules adopted pursuant to this subsection
 2624  shall include the special criteria adopted pursuant to s.
 2625  403.061(30) s. 403.061(29) and may include the special criteria
 2626  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 2627  shall include a provision requiring that a notice of intent to
 2628  deny or a permit denial based upon this section shall contain an
 2629  explanation of the reasons for such denial and an explanation,
 2630  in general terms, of what changes, if any, are necessary to
 2631  address such reasons for denial. Such rules may establish
 2632  exemptions and general permits, if such exemptions and general
 2633  permits do not allow significant adverse impacts to occur
 2634  individually or cumulatively. Such rules may require submission
 2635  of proof of financial responsibility which may include the
 2636  posting of a bond or other form of surety prior to the
 2637  commencement of construction to provide reasonable assurance
 2638  that any activity permitted pursuant to this section, including
 2639  any mitigation for such permitted activity, will be completed in
 2640  accordance with the terms and conditions of the permit once the
 2641  construction is commenced. Until rules adopted pursuant to this
 2642  subsection become effective, existing rules adopted under this
 2643  part and rules adopted pursuant to the authority of ss. 403.91
 2644  403.929 shall be deemed authorized under this part and shall
 2645  remain in full force and effect. Neither the department nor the
 2646  governing boards are limited or prohibited from amending any
 2647  such rules.
 2648         Section 34. Paragraph (b) of subsection (4) of section
 2649  373.705, Florida Statutes, is amended to read:
 2650         373.705 Water resource development; water supply
 2651  development.—
 2652         (4)
 2653         (b) Water supply development projects that meet the
 2654  criteria in paragraph (a) and that meet one or more of the
 2655  following additional criteria shall be given first consideration
 2656  for state or water management district funding assistance:
 2657         1. The project brings about replacement of existing sources
 2658  in order to help implement a minimum flow or minimum water
 2659  level;
 2660         2. The project implements reuse that assists in the
 2661  elimination of domestic wastewater ocean outfalls as provided in
 2662  s. 403.086(10) s. 403.086(9); or
 2663         3. The project reduces or eliminates the adverse effects of
 2664  competition between legal users and the natural system.
 2665         Section 35. Paragraph (f) of subsection (8) of section
 2666  373.707, Florida Statutes, is amended to read:
 2667         373.707 Alternative water supply development.—
 2668         (8)
 2669         (f) The governing boards shall determine those projects
 2670  that will be selected for financial assistance. The governing
 2671  boards may establish factors to determine project funding;
 2672  however, significant weight shall be given to the following
 2673  factors:
 2674         1. Whether the project provides substantial environmental
 2675  benefits by preventing or limiting adverse water resource
 2676  impacts.
 2677         2. Whether the project reduces competition for water
 2678  supplies.
 2679         3. Whether the project brings about replacement of
 2680  traditional sources in order to help implement a minimum flow or
 2681  level or a reservation.
 2682         4. Whether the project will be implemented by a consumptive
 2683  use permittee that has achieved the targets contained in a goal
 2684  based water conservation program approved pursuant to s.
 2685  373.227.
 2686         5. The quantity of water supplied by the project as
 2687  compared to its cost.
 2688         6. Projects in which the construction and delivery to end
 2689  users of reuse water is a major component.
 2690         7. Whether the project will be implemented by a
 2691  multijurisdictional water supply entity or regional water supply
 2692  authority.
 2693         8. Whether the project implements reuse that assists in the
 2694  elimination of domestic wastewater ocean outfalls as provided in
 2695  s. 403.086(10) s. 403.086(9).
 2696         9. Whether the county or municipality, or the multiple
 2697  counties or municipalities, in which the project is located has
 2698  implemented a high-water recharge protection tax assessment
 2699  program as provided in s. 193.625.
 2700         Section 36. Subsection (4) of section 373.709, Florida
 2701  Statutes, is amended to read:
 2702         373.709 Regional water supply planning.—
 2703         (4) The South Florida Water Management District shall
 2704  include in its regional water supply plan water resource and
 2705  water supply development projects that promote the elimination
 2706  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 2707  403.086(9).
 2708         Section 37. Effective July 1, 2021, subsection (3) of
 2709  section 373.807, Florida Statutes, is amended to read:
 2710         373.807 Protection of water quality in Outstanding Florida
 2711  Springs.—By July 1, 2016, the department shall initiate
 2712  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 2713  Springs or spring systems for which an impairment determination
 2714  has not been made under the numeric nutrient standards in effect
 2715  for spring vents. Assessments must be completed by July 1, 2018.
 2716         (3) As part of a basin management action plan that includes
 2717  an Outstanding Florida Spring, the department, the Department of
 2718  Health, relevant local governments, and relevant local public
 2719  and private wastewater utilities shall develop an onsite sewage
 2720  treatment and disposal system remediation plan for a spring if
 2721  the department determines onsite sewage treatment and disposal
 2722  systems within a priority focus area contribute at least 20
 2723  percent of nonpoint source nitrogen pollution or if the
 2724  department determines remediation is necessary to achieve the
 2725  total maximum daily load. The plan shall identify cost-effective
 2726  and financially feasible projects necessary to reduce the
 2727  nutrient impacts from onsite sewage treatment and disposal
 2728  systems and shall be completed and adopted as part of the basin
 2729  management action plan no later than the first 5-year milestone
 2730  required by subparagraph (1)(b)8. The department is the lead
 2731  agency in coordinating the preparation of and the adoption of
 2732  the plan. The department shall:
 2733         (a) Collect and evaluate credible scientific information on
 2734  the effect of nutrients, particularly forms of nitrogen, on
 2735  springs and springs systems; and
 2736         (b) Develop a public education plan to provide area
 2737  residents with reliable, understandable information about onsite
 2738  sewage treatment and disposal systems and springs.
 2739  
 2740  In addition to the requirements in s. 403.067, the plan shall
 2741  include options for repair, upgrade, replacement, drainfield
 2742  modification, addition of effective nitrogen reducing features,
 2743  connection to a central sewerage system, or other action for an
 2744  onsite sewage treatment and disposal system or group of systems
 2745  within a priority focus area that contribute at least 20 percent
 2746  of nonpoint source nitrogen pollution or if the department
 2747  determines remediation is necessary to achieve a total maximum
 2748  daily load. For these systems, the department shall include in
 2749  the plan a priority ranking for each system or group of systems
 2750  that requires remediation and shall award funds to implement the
 2751  remediation projects contingent on an appropriation in the
 2752  General Appropriations Act, which may include all or part of the
 2753  costs necessary for repair, upgrade, replacement, drainfield
 2754  modification, addition of effective nitrogen reducing features,
 2755  initial connection to a central sewerage system, or other
 2756  action. In awarding funds, the department may consider expected
 2757  nutrient reduction benefit per unit cost, size and scope of
 2758  project, relative local financial contribution to the project,
 2759  and the financial impact on property owners and the community.
 2760  The department may waive matching funding requirements for
 2761  proposed projects within an area designated as a rural area of
 2762  opportunity under s. 288.0656.
 2763         Section 38. Paragraph (k) of subsection (1) of section
 2764  376.307, Florida Statutes, is amended to read:
 2765         376.307 Water Quality Assurance Trust Fund.—
 2766         (1) The Water Quality Assurance Trust Fund is intended to
 2767  serve as a broad-based fund for use in responding to incidents
 2768  of contamination that pose a serious danger to the quality of
 2769  groundwater and surface water resources or otherwise pose a
 2770  serious danger to the public health, safety, or welfare. Moneys
 2771  in this fund may be used:
 2772         (k) For funding activities described in s. 403.086(10) s.
 2773  403.086(9) which are authorized for implementation under the
 2774  Leah Schad Memorial Ocean Outfall Program.
 2775         Section 39. Paragraph (i) of subsection (2), paragraph (b)
 2776  of subsection (4), paragraph (j) of subsection (7), and
 2777  paragraph (a) of subsection (9) of section 380.0552, Florida
 2778  Statutes, are amended to read:
 2779         380.0552 Florida Keys Area; protection and designation as
 2780  area of critical state concern.—
 2781         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2782  to:
 2783         (i) Protect and improve the nearshore water quality of the
 2784  Florida Keys through federal, state, and local funding of water
 2785  quality improvement projects, including the construction and
 2786  operation of wastewater management facilities that meet the
 2787  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 2788  as applicable.
 2789         (4) REMOVAL OF DESIGNATION.—
 2790         (b) Beginning November 30, 2010, the state land planning
 2791  agency shall annually submit a written report to the
 2792  Administration Commission describing the progress of the Florida
 2793  Keys Area toward completing the work program tasks specified in
 2794  commission rules. The land planning agency shall recommend
 2795  removing the Florida Keys Area from being designated as an area
 2796  of critical state concern to the commission if it determines
 2797  that:
 2798         1. All of the work program tasks have been completed,
 2799  including construction of, operation of, and connection to
 2800  central wastewater management facilities pursuant to s.
 2801  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 2802  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 2803         2. All local comprehensive plans and land development
 2804  regulations and the administration of such plans and regulations
 2805  are adequate to protect the Florida Keys Area, fulfill the
 2806  legislative intent specified in subsection (2), and are
 2807  consistent with and further the principles guiding development;
 2808  and
 2809         3. A local government has adopted a resolution at a public
 2810  hearing recommending the removal of the designation.
 2811         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2812  and local agencies and units of government in the Florida Keys
 2813  Area shall coordinate their plans and conduct their programs and
 2814  regulatory activities consistent with the principles for guiding
 2815  development as specified in chapter 27F-8, Florida
 2816  Administrative Code, as amended effective August 23, 1984, which
 2817  is adopted and incorporated herein by reference. For the
 2818  purposes of reviewing the consistency of the adopted plan, or
 2819  any amendments to that plan, with the principles for guiding
 2820  development, and any amendments to the principles, the
 2821  principles shall be construed as a whole and specific provisions
 2822  may not be construed or applied in isolation from the other
 2823  provisions. However, the principles for guiding development are
 2824  repealed 18 months from July 1, 1986. After repeal, any plan
 2825  amendments must be consistent with the following principles:
 2826         (j) Ensuring the improvement of nearshore water quality by
 2827  requiring the construction and operation of wastewater
 2828  management facilities that meet the requirements of ss.
 2829  381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
 2830  and by directing growth to areas served by central wastewater
 2831  treatment facilities through permit allocation systems.
 2832         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2833         (a) Any land development regulation or element of a local
 2834  comprehensive plan in the Florida Keys Area may be enacted,
 2835  amended, or rescinded by a local government, but the enactment,
 2836  amendment, or rescission becomes effective only upon approval by
 2837  the state land planning agency. The state land planning agency
 2838  shall review the proposed change to determine if it is in
 2839  compliance with the principles for guiding development specified
 2840  in chapter 27F-8, Florida Administrative Code, as amended
 2841  effective August 23, 1984, and must approve or reject the
 2842  requested changes within 60 days after receipt. Amendments to
 2843  local comprehensive plans in the Florida Keys Area must also be
 2844  reviewed for compliance with the following:
 2845         1. Construction schedules and detailed capital financing
 2846  plans for wastewater management improvements in the annually
 2847  adopted capital improvements element, and standards for the
 2848  construction of wastewater treatment and disposal facilities or
 2849  collection systems that meet or exceed the criteria in s.
 2850  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 2851  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 2852  disposal systems.
 2853         2. Goals, objectives, and policies to protect public safety
 2854  and welfare in the event of a natural disaster by maintaining a
 2855  hurricane evacuation clearance time for permanent residents of
 2856  no more than 24 hours. The hurricane evacuation clearance time
 2857  shall be determined by a hurricane evacuation study conducted in
 2858  accordance with a professionally accepted methodology and
 2859  approved by the state land planning agency.
 2860         Section 40. Effective July 1, 2021, subsections (7) and
 2861  (18) of section 381.006, Florida Statutes, are amended to read:
 2862         381.006 Environmental health.—The department shall conduct
 2863  an environmental health program as part of fulfilling the
 2864  state’s public health mission. The purpose of this program is to
 2865  detect and prevent disease caused by natural and manmade factors
 2866  in the environment. The environmental health program shall
 2867  include, but not be limited to:
 2868         (7) An onsite sewage treatment and disposal function.
 2869         (17)(18) A food service inspection function for domestic
 2870  violence centers that are certified by the Department of
 2871  Children and Families and monitored by the Florida Coalition
 2872  Against Domestic Violence under part XII of chapter 39 and group
 2873  care homes as described in subsection (15) (16), which shall be
 2874  conducted annually and be limited to the requirements in
 2875  department rule applicable to community-based residential
 2876  facilities with five or fewer residents.
 2877  
 2878  The department may adopt rules to carry out the provisions of
 2879  this section.
 2880         Section 41. Effective July 1, 2021, subsection (1) of
 2881  section 381.0061, Florida Statutes, is amended to read:
 2882         381.0061 Administrative fines.—
 2883         (1) In addition to any administrative action authorized by
 2884  chapter 120 or by other law, the department may impose a fine,
 2885  which may shall not exceed $500 for each violation, for a
 2886  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 2887  381.0066, s. 381.0072, or part III of chapter 489, for a
 2888  violation of any rule adopted under this chapter, or for a
 2889  violation of any of the provisions of chapter 386. Notice of
 2890  intent to impose such fine shall be given by the department to
 2891  the alleged violator. Each day that a violation continues may
 2892  constitute a separate violation.
 2893         Section 42. Effective July 1, 2021, subsection (1) of
 2894  section 381.0064, Florida Statutes, is amended to read:
 2895         381.0064 Continuing education courses for persons
 2896  installing or servicing septic tanks.—
 2897         (1) The Department of Environmental Protection Health shall
 2898  establish a program for continuing education which meets the
 2899  purposes of ss. 381.0101 and 489.554 regarding the public health
 2900  and environmental effects of onsite sewage treatment and
 2901  disposal systems and any other matters the department determines
 2902  desirable for the safe installation and use of onsite sewage
 2903  treatment and disposal systems. The department may charge a fee
 2904  to cover the cost of such program.
 2905         Section 43. Effective July 1, 2021, paragraph (d) of
 2906  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 2907  of subsection (9) of section 381.00651, Florida Statutes, are
 2908  amended to read:
 2909         381.00651 Periodic evaluation and assessment of onsite
 2910  sewage treatment and disposal systems.—
 2911         (7) The following procedures shall be used for conducting
 2912  evaluations:
 2913         (d) Assessment procedure.—All evaluation procedures used by
 2914  a qualified contractor shall be documented in the environmental
 2915  health database of the Department of Environmental Protection
 2916  Health. The qualified contractor shall provide a copy of a
 2917  written, signed evaluation report to the property owner upon
 2918  completion of the evaluation and to the county health department
 2919  within 30 days after the evaluation. The report must shall
 2920  contain the name and license number of the company providing the
 2921  report. A copy of the evaluation report shall be retained by the
 2922  local county health department for a minimum of 5 years and
 2923  until a subsequent inspection report is filed. The front cover
 2924  of the report must identify any system failure and include a
 2925  clear and conspicuous notice to the owner that the owner has a
 2926  right to have any remediation of the failure performed by a
 2927  qualified contractor other than the contractor performing the
 2928  evaluation. The report must further identify any crack, leak,
 2929  improper fit, or other defect in the tank, manhole, or lid, and
 2930  any other damaged or missing component; any sewage or effluent
 2931  visible on the ground or discharging to a ditch or other surface
 2932  water body; any downspout, stormwater, or other source of water
 2933  directed onto or toward the system; and any other maintenance
 2934  need or condition of the system at the time of the evaluation
 2935  which, in the opinion of the qualified contractor, would
 2936  possibly interfere with or restrict any future repair or
 2937  modification to the existing system. The report shall conclude
 2938  with an overall assessment of the fundamental operational
 2939  condition of the system.
 2940         (8) The county health department, in coordination with the
 2941  department, shall administer any evaluation program on behalf of
 2942  a county, or a municipality within the county, that has adopted
 2943  an evaluation program pursuant to this section. In order to
 2944  administer the evaluation program, the county or municipality,
 2945  in consultation with the county health department, may develop a
 2946  reasonable fee schedule to be used solely to pay for the costs
 2947  of administering the evaluation program. Such a fee schedule
 2948  shall be identified in the ordinance that adopts the evaluation
 2949  program. When arriving at a reasonable fee schedule, the
 2950  estimated annual revenues to be derived from fees may not exceed
 2951  reasonable estimated annual costs of the program. Fees shall be
 2952  assessed to the system owner during an inspection and separately
 2953  identified on the invoice of the qualified contractor. Fees
 2954  shall be remitted by the qualified contractor to the county
 2955  health department. The county health department’s administrative
 2956  responsibilities include the following:
 2957         (a) Providing a notice to the system owner at least 60 days
 2958  before the system is due for an evaluation. The notice may
 2959  include information on the proper maintenance of onsite sewage
 2960  treatment and disposal systems.
 2961         (b) In consultation with the department of Health,
 2962  providing uniform disciplinary procedures and penalties for
 2963  qualified contractors who do not comply with the requirements of
 2964  the adopted ordinance, including, but not limited to, failure to
 2965  provide the evaluation report as required in this subsection to
 2966  the system owner and the county health department. Only the
 2967  county health department may assess penalties against system
 2968  owners for failure to comply with the adopted ordinance,
 2969  consistent with existing requirements of law.
 2970         (9)
 2971         (b) Upon receipt of the notice under paragraph (a), the
 2972  department of Environmental Protection shall, within existing
 2973  resources, notify the county or municipality of the potential
 2974  use of, and access to, program funds under the Clean Water State
 2975  Revolving Fund or s. 319 of the Clean Water Act, provide
 2976  guidance in the application process to receive such moneys, and
 2977  provide advice and technical assistance to the county or
 2978  municipality on how to establish a low-interest revolving loan
 2979  program or how to model a revolving loan program after the low
 2980  interest loan program of the Clean Water State Revolving Fund.
 2981  This paragraph does not obligate the department of Environmental
 2982  Protection to provide any county or municipality with money to
 2983  fund such programs.
 2984         (c) The department of Health may not adopt any rule that
 2985  alters the provisions of this section.
 2986         (d) The department of Health must allow county health
 2987  departments and qualified contractors access to the
 2988  environmental health database to track relevant information and
 2989  assimilate data from assessment and evaluation reports of the
 2990  overall condition of onsite sewage treatment and disposal
 2991  systems. The environmental health database must be used by
 2992  contractors to report each service and evaluation event and by a
 2993  county health department to notify owners of onsite sewage
 2994  treatment and disposal systems when evaluations are due. Data
 2995  and information must be recorded and updated as service and
 2996  evaluations are conducted and reported.
 2997         Section 44. Effective July 1, 2021, paragraph (g) of
 2998  subsection (1) of section 381.0101, Florida Statutes, is amended
 2999  to read:
 3000         381.0101 Environmental health professionals.—
 3001         (1) DEFINITIONS.—As used in this section:
 3002         (g) “Primary environmental health program” means those
 3003  programs determined by the department to be essential for
 3004  providing basic environmental and sanitary protection to the
 3005  public. At a minimum, these programs shall include food
 3006  protection program work and onsite sewage treatment and disposal
 3007  system evaluations.
 3008         Section 45. Section 403.08601, Florida Statutes, is amended
 3009  to read:
 3010         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 3011  Legislature declares that as funds become available the state
 3012  may assist the local governments and agencies responsible for
 3013  implementing the Leah Schad Memorial Ocean Outfall Program
 3014  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 3015  other sources provided for in law, the General Appropriations
 3016  Act, from gifts designated for implementation of the plan from
 3017  individuals, corporations, or other entities, or federal funds
 3018  appropriated by Congress for implementation of the plan, may be
 3019  deposited into an account of the Water Quality Assurance Trust
 3020  Fund.
 3021         Section 46. Section 403.0871, Florida Statutes, is amended
 3022  to read:
 3023         403.0871 Florida Permit Fee Trust Fund.—There is
 3024  established within the department a nonlapsing trust fund to be
 3025  known as the “Florida Permit Fee Trust Fund.” All funds received
 3026  from applicants for permits pursuant to ss. 161.041, 161.053,
 3027  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 3028  deposited in the Florida Permit Fee Trust Fund and shall be used
 3029  by the department with the advice and consent of the Legislature
 3030  to supplement appropriations and other funds received by the
 3031  department for the administration of its responsibilities under
 3032  this chapter and chapter 161. In no case shall funds from the
 3033  Florida Permit Fee Trust Fund be used for salary increases
 3034  without the approval of the Legislature.
 3035         Section 47. Paragraph (a) of subsection (11) of section
 3036  403.0872, Florida Statutes, is amended to read:
 3037         403.0872 Operation permits for major sources of air
 3038  pollution; annual operation license fee.—Provided that program
 3039  approval pursuant to 42 U.S.C. s. 7661a has been received from
 3040  the United States Environmental Protection Agency, beginning
 3041  January 2, 1995, each major source of air pollution, including
 3042  electrical power plants certified under s. 403.511, must obtain
 3043  from the department an operation permit for a major source of
 3044  air pollution under this section. This operation permit is the
 3045  only department operation permit for a major source of air
 3046  pollution required for such source; provided, at the applicant’s
 3047  request, the department shall issue a separate acid rain permit
 3048  for a major source of air pollution that is an affected source
 3049  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 3050  for major sources of air pollution, except general permits
 3051  issued pursuant to s. 403.814, must be issued in accordance with
 3052  the procedures contained in this section and in accordance with
 3053  chapter 120; however, to the extent that chapter 120 is
 3054  inconsistent with the provisions of this section, the procedures
 3055  contained in this section prevail.
 3056         (11) Each major source of air pollution permitted to
 3057  operate in this state must pay between January 15 and April 1 of
 3058  each year, upon written notice from the department, an annual
 3059  operation license fee in an amount determined by department
 3060  rule. The annual operation license fee shall be terminated
 3061  immediately in the event the United States Environmental
 3062  Protection Agency imposes annual fees solely to implement and
 3063  administer the major source air-operation permit program in
 3064  Florida under 40 C.F.R. s. 70.10(d).
 3065         (a) The annual fee must be assessed based upon the source’s
 3066  previous year’s emissions and must be calculated by multiplying
 3067  the applicable annual operation license fee factor times the
 3068  tons of each regulated air pollutant actually emitted, as
 3069  calculated in accordance with the department’s emissions
 3070  computation and reporting rules. The annual fee shall only apply
 3071  to those regulated pollutants, except carbon monoxide and
 3072  greenhouse gases, for which an allowable numeric emission
 3073  limiting standard is specified in the source’s most recent
 3074  construction or operation permit; provided, however, that:
 3075         1. The license fee factor is $25 or another amount
 3076  determined by department rule which ensures that the revenue
 3077  provided by each year’s operation license fees is sufficient to
 3078  cover all reasonable direct and indirect costs of the major
 3079  stationary source air-operation permit program established by
 3080  this section. The license fee factor may be increased beyond $25
 3081  only if the secretary of the department affirmatively finds that
 3082  a shortage of revenue for support of the major stationary source
 3083  air-operation permit program will occur in the absence of a fee
 3084  factor adjustment. The annual license fee factor may never
 3085  exceed $35.
 3086         2. The amount of each regulated air pollutant in excess of
 3087  4,000 tons per year emitted by any source, or group of sources
 3088  belonging to the same Major Group as described in the Standard
 3089  Industrial Classification Manual, 1987, may not be included in
 3090  the calculation of the fee. Any source, or group of sources,
 3091  which does not emit any regulated air pollutant in excess of
 3092  4,000 tons per year, is allowed a one-time credit not to exceed
 3093  25 percent of the first annual licensing fee for the prorated
 3094  portion of existing air-operation permit application fees
 3095  remaining upon commencement of the annual licensing fees.
 3096         3. If the department has not received the fee by March 1 of
 3097  the calendar year, the permittee must be sent a written warning
 3098  of the consequences for failing to pay the fee by April 1. If
 3099  the fee is not postmarked by April 1 of the calendar year, the
 3100  department shall impose, in addition to the fee, a penalty of 50
 3101  percent of the amount of the fee, plus interest on such amount
 3102  computed in accordance with s. 220.807. The department may not
 3103  impose such penalty or interest on any amount underpaid,
 3104  provided that the permittee has timely remitted payment of at
 3105  least 90 percent of the amount determined to be due and remits
 3106  full payment within 60 days after receipt of notice of the
 3107  amount underpaid. The department may waive the collection of
 3108  underpayment and may shall not be required to refund overpayment
 3109  of the fee, if the amount due is less than 1 percent of the fee,
 3110  up to $50. The department may revoke any major air pollution
 3111  source operation permit if it finds that the permitholder has
 3112  failed to timely pay any required annual operation license fee,
 3113  penalty, or interest.
 3114         4. Notwithstanding the computational provisions of this
 3115  subsection, the annual operation license fee for any source
 3116  subject to this section may shall not be less than $250, except
 3117  that the annual operation license fee for sources permitted
 3118  solely through general permits issued under s. 403.814 may shall
 3119  not exceed $50 per year.
 3120         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 3121  the provisions of s. 403.087(6)(a)5.a., authorizing air
 3122  pollution construction permit fees, the department may not
 3123  require such fees for changes or additions to a major source of
 3124  air pollution permitted pursuant to this section, unless the
 3125  activity triggers permitting requirements under Title I, Part C
 3126  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 3127  7514a. Costs to issue and administer such permits shall be
 3128  considered direct and indirect costs of the major stationary
 3129  source air-operation permit program under s. 403.0873. The
 3130  department shall, however, require fees pursuant to s.
 3131  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 3132  construction of a new major source of air pollution that will be
 3133  subject to the permitting requirements of this section once
 3134  constructed and for activities triggering permitting
 3135  requirements under Title I, Part C or Part D, of the federal
 3136  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 3137         Section 48. Paragraph (d) of subsection (3) of section
 3138  403.707, Florida Statutes, is amended to read:
 3139         403.707 Permits.—
 3140         (3)
 3141         (d) The department may adopt rules to administer this
 3142  subsection. However, the department is not required to submit
 3143  such rules to the Environmental Regulation Commission for
 3144  approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
 3145  403.087(6)(a), permit fee caps for solid waste management
 3146  facilities shall be prorated to reflect the extended permit term
 3147  authorized by this subsection.
 3148         Section 49. Subsections (8) and (21) of section 403.861,
 3149  Florida Statutes, are amended to read:
 3150         403.861 Department; powers and duties.—The department shall
 3151  have the power and the duty to carry out the provisions and
 3152  purposes of this act and, for this purpose, to:
 3153         (8) Initiate rulemaking to increase each drinking water
 3154  permit application fee authorized under s. 403.087(7) s.
 3155  403.087(6) and this part and adopted by rule to ensure that such
 3156  fees are increased to reflect, at a minimum, any upward
 3157  adjustment in the Consumer Price Index compiled by the United
 3158  States Department of Labor, or similar inflation indicator,
 3159  since the original fee was established or most recently revised.
 3160         (a) The department shall establish by rule the inflation
 3161  index to be used for this purpose. The department shall review
 3162  the drinking water permit application fees authorized under s.
 3163  403.087(7) s. 403.087(6) and this part at least once every 5
 3164  years and shall adjust the fees upward, as necessary, within the
 3165  established fee caps to reflect changes in the Consumer Price
 3166  Index or similar inflation indicator. In the event of deflation,
 3167  the department shall consult with the Executive Office of the
 3168  Governor and the Legislature to determine whether downward fee
 3169  adjustments are appropriate based on the current budget and
 3170  appropriation considerations. The department shall also review
 3171  the drinking water operation license fees established pursuant
 3172  to paragraph (7)(b) at least once every 5 years to adopt, as
 3173  necessary, the same inflationary adjustments provided for in
 3174  this subsection.
 3175         (b) The minimum fee amount shall be the minimum fee
 3176  prescribed in this section, and such fee amount shall remain in
 3177  effect until the effective date of fees adopted by rule by the
 3178  department.
 3179         (21)(a) Upon issuance of a construction permit to construct
 3180  a new public water system drinking water treatment facility to
 3181  provide potable water supply using a surface water that, at the
 3182  time of the permit application, is not being used as a potable
 3183  water supply, and the classification of which does not include
 3184  potable water supply as a designated use, the department shall
 3185  add treated potable water supply as a designated use of the
 3186  surface water segment in accordance with s. 403.061(30)(b) s.
 3187  403.061(29)(b).
 3188         (b) For existing public water system drinking water
 3189  treatment facilities that use a surface water as a treated
 3190  potable water supply, which surface water classification does
 3191  not include potable water supply as a designated use, the
 3192  department shall add treated potable water supply as a
 3193  designated use of the surface water segment in accordance with
 3194  s. 403.061(30)(b) s. 403.061(29)(b).
 3195         Section 50. Effective July 1, 2021, subsection (1) of
 3196  section 489.551, Florida Statutes, is amended to read:
 3197         489.551 Definitions.—As used in this part:
 3198         (1) “Department” means the Department of Environmental
 3199  Protection Health.
 3200         Section 51. Paragraph (b) of subsection (10) of section
 3201  590.02, Florida Statutes, is amended to read:
 3202         590.02 Florida Forest Service; powers, authority, and
 3203  duties; liability; building structures; Withlacoochee Training
 3204  Center.—
 3205         (10)
 3206         (b) The Florida Forest Service may delegate to a county,
 3207  municipality, or special district its authority:
 3208         1. As delegated by the Department of Environmental
 3209  Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
 3210  403.081, to manage and enforce regulations pertaining to the
 3211  burning of yard trash in accordance with s. 590.125(6).
 3212         2. To manage the open burning of land clearing debris in
 3213  accordance with s. 590.125.
 3214         Section 52. The Division of Law Revision is directed to
 3215  replace the phrase “before the rules identified in paragraph (e)
 3216  take effect” as it is used in the amendment made by this act to
 3217  s. 381.0065(4)(f), Florida Statutes, with the date such rules
 3218  are adopted, as provided by the Department of Environmental
 3219  Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as
 3220  amended by this act.
 3221         Section 53. Except as otherwise expressly provided in this
 3222  act, this act shall take effect July 1, 2020.