Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 1632
Ì236310gÎ236310
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/26/2023 .
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The Committee on Fiscal Policy (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 107 - 1603
4 and insert:
5 Section 1. Section 120.5436, Florida Statutes, is created
6 to read:
7 120.5436 Environmental licensing process review.—
8 (1)(a) It is the intent of the Legislature to build a more
9 resilient and responsive government infrastructure to allow for
10 quick recovery after natural disasters, including hurricanes and
11 tropical storms, without negatively impacting coastal ecosystems
12 or increasing future community vulnerability.
13 (b) It is further the intent of the Legislature to promote
14 efficiency in state government across branches, agencies, and
15 other governmental entities and to identify any area of
16 improvement within each that allows for quick, effective
17 delivery of services.
18 (c) Further, the Legislature intends for the state to seek
19 out ways to improve its administrative procedures in relevant
20 fields to build a streamlined permitting process that withstands
21 disruptions caused by natural disasters, including hurricanes
22 and tropical storms, while maintaining the integrity of natural
23 coastal ecosystems.
24 (2)(a) The Department of Environmental Protection and water
25 management districts shall conduct a holistic review of their
26 current coastal permitting processes and other permit programs.
27 These permitting processes must include, but are not limited to,
28 coastal construction control line permits; joint coastal
29 permits; environmental resource permits; consistent with
30 applicable federal terms and conditions, state-administered
31 federal environmental permitting programs; and permitting
32 processes related to water supply infrastructure, wastewater
33 infrastructure, and onsite sewage treatment and disposal
34 systems. The Department of Environmental Protection shall
35 consult with the Department of Transportation in conducting its
36 review.
37 (b) The scope and purpose of the review is to identify
38 areas of improvement and to increase efficiency within each
39 process. Factors that must be considered in the review include
40 all of the following:
41 1. The requirements to obtain a permit.
42 2. Time periods for review, including by commenting
43 agencies, and approval of the permit application.
44 3. Areas for improved efficiency and decision-point
45 consolidation within a single project’s process.
46 4. Areas of duplication across one or more permit programs,
47 while maintaining federal terms and conditions applicable to
48 state-administered federal environmental permitting programs.
49 5. The methods of requesting permits.
50 6. Adequate staffing levels necessary for complete and
51 efficient review.
52 7. Any other factors that may increase the efficiency of
53 the permitting processes and may allow improved storm recovery.
54 (c) By December 31, 2023, the department and water
55 management districts shall provide their findings and proposed
56 solutions in a report to the Governor, the President of the
57 Senate, and the Speaker of the House of Representatives.
58 Section 2. Paragraph (a) of subsection (3) and paragraph
59 (c) of subsection (6) of section 163.3177, Florida Statutes, are
60 amended to read:
61 163.3177 Required and optional elements of comprehensive
62 plan; studies and surveys.—
63 (3)(a) The comprehensive plan must shall contain a capital
64 improvements element designed to consider the need for and the
65 location of public facilities in order to encourage the
66 efficient use of such facilities and set forth all of the
67 following:
68 1. A component that outlines principles for construction,
69 extension, or increase in capacity of public facilities, as well
70 as a component that outlines principles for correcting existing
71 public facility deficiencies, which are necessary to implement
72 the comprehensive plan. The components must shall cover at least
73 a 5-year period.
74 2. Estimated public facility costs, including a delineation
75 of when facilities will be needed, the general location of the
76 facilities, and projected revenue sources to fund the
77 facilities.
78 3. Standards to ensure the availability of public
79 facilities and the adequacy of those facilities to meet
80 established acceptable levels of service.
81 4. A schedule of capital improvements which includes any
82 publicly funded projects of federal, state, or local government,
83 and which may include privately funded projects for which the
84 local government has no fiscal responsibility. Projects
85 necessary to ensure that any adopted level-of-service standards
86 are achieved and maintained for the 5-year period must be
87 identified as either funded or unfunded and given a level of
88 priority for funding.
89 5. The schedule must:
90 a. Include transportation improvements included in the
91 applicable metropolitan planning organization’s transportation
92 improvement program adopted pursuant to s. 339.175(8) to the
93 extent that such improvements are relied upon to ensure
94 concurrency and financial feasibility;.
95 b. Where applicable, include a list of projects necessary
96 to achieve the pollutant load reductions attributable to the
97 local government, as established in a basin management action
98 plan pursuant to s. 403.067(7); and
99 c. The schedule must Be coordinated with the applicable
100 metropolitan planning organization’s long-range transportation
101 plan adopted pursuant to s. 339.175(7).
102 (6) In addition to the requirements of subsections (1)-(5),
103 the comprehensive plan shall include the following elements:
104 (c) A general sanitary sewer, solid waste, drainage,
105 potable water, and natural groundwater aquifer recharge element
106 correlated to principles and guidelines for future land use,
107 indicating ways to provide for future potable water, drainage,
108 sanitary sewer, solid waste, and aquifer recharge protection
109 requirements for the area. The element may be a detailed
110 engineering plan including a topographic map depicting areas of
111 prime groundwater recharge.
112 1. Each local government shall address in the data and
113 analyses required by this section those facilities that provide
114 service within the local government’s jurisdiction. Local
115 governments that provide facilities to serve areas within other
116 local government jurisdictions shall also address those
117 facilities in the data and analyses required by this section,
118 using data from the comprehensive plan for those areas for the
119 purpose of projecting facility needs as required in this
120 subsection. For shared facilities, each local government shall
121 indicate the proportional capacity of the systems allocated to
122 serve its jurisdiction.
123 2. The element must shall describe the problems and needs
124 and the general facilities that will be required for solution of
125 the problems and needs, including correcting existing facility
126 deficiencies. The element must shall address coordinating the
127 extension of, or increase in the capacity of, or upgrade in
128 treatment of facilities to meet future needs; prioritizing
129 advanced waste treatment while maximizing the use of existing
130 facilities and discouraging urban sprawl; conserving potable
131 water resources; and protecting the functions of natural
132 groundwater recharge areas and natural drainage features.
133 3. Within the local government’s jurisdiction, for any
134 development of more than 50 residential lots, whether built or
135 unbuilt, with more than one onsite sewage treatment and disposal
136 system per 1 acre, the element must consider the feasibility of
137 providing sanitary sewer services within a 10-year planning
138 horizon and must identify the name and location of the
139 wastewater facility that could receive sanitary sewer flows
140 after connection; the capacity of the facility and any
141 associated transmission facilities; the projected wastewater
142 flow at that facility for the next 20 years, including expected
143 future new construction and connections of onsite sewage
144 treatment and disposal systems to sanitary sewer; and a timeline
145 for the construction of the sanitary sewer system. An onsite
146 sewage treatment and disposal system is presumed to exist on a
147 parcel if sanitary sewer services are not available at or
148 adjacent to the parcel boundary. Each comprehensive plan must be
149 updated to include this element by July 1, 2024, and as needed
150 thereafter to account for future applicable developments. This
151 subparagraph does not apply to a local government designated as
152 a rural area of opportunity under s. 288.0656.
153 4. Within 18 months after the governing board approves an
154 updated regional water supply plan, the element must incorporate
155 the alternative water supply project or projects selected by the
156 local government from those identified in the regional water
157 supply plan pursuant to s. 373.709(2)(a) or proposed by the
158 local government under s. 373.709(8)(b). If a local government
159 is located within two water management districts, the local
160 government must shall adopt its comprehensive plan amendment
161 within 18 months after the later updated regional water supply
162 plan. The element must identify such alternative water supply
163 projects and traditional water supply projects and conservation
164 and reuse necessary to meet the water needs identified in s.
165 373.709(2)(a) within the local government’s jurisdiction and
166 include a work plan, covering at least a 10-year planning
167 period, for building public, private, and regional water supply
168 facilities, including development of alternative water supplies,
169 which are identified in the element as necessary to serve
170 existing and new development. The work plan must shall be
171 updated, at a minimum, every 5 years within 18 months after the
172 governing board of a water management district approves an
173 updated regional water supply plan. Local governments, public
174 and private utilities, regional water supply authorities,
175 special districts, and water management districts are encouraged
176 to cooperatively plan for the development of multijurisdictional
177 water supply facilities that are sufficient to meet projected
178 demands for established planning periods, including the
179 development of alternative water sources to supplement
180 traditional sources of groundwater and surface water supplies.
181 5.4. A local government that does not own, operate, or
182 maintain its own water supply facilities, including, but not
183 limited to, wells, treatment facilities, and distribution
184 infrastructure, and is served by a public water utility with a
185 permitted allocation of greater than 300 million gallons per day
186 is not required to amend its comprehensive plan in response to
187 an updated regional water supply plan or to maintain a work plan
188 if any such local government’s usage of water constitutes less
189 than 1 percent of the public water utility’s total permitted
190 allocation. However, any such local government shall is required
191 to cooperate with, and provide relevant data to, any local
192 government or utility provider that provides service within its
193 jurisdiction, and shall to keep its general sanitary sewer,
194 solid waste, potable water, and natural groundwater aquifer
195 recharge element updated in accordance with s. 163.3191.
196 Section 3. Subsection (4) and paragraph (b) of subsection
197 (8) of section 253.025, Florida Statutes, are amended to read:
198 253.025 Acquisition of state lands.—
199 (4) An agreement to acquire real property for the purposes
200 described in this chapter, chapter 259, chapter 260, or chapter
201 375, title to which will vest in the board of trustees, may not
202 bind the state before the agreement is reviewed and approved by
203 the Department of Environmental Protection as complying with
204 this section and any rules adopted pursuant to this section. If
205 any of the following conditions exist, the agreement must shall
206 be submitted to and approved by the board of trustees:
207 (a) The purchase price agreed to by the seller exceeds the
208 value as established pursuant to the rules of the board of
209 trustees.;
210 (b) The contract price agreed to by the seller and the
211 acquiring agency exceeds $5 $1 million.;
212 (c) The acquisition is the initial purchase in a Florida
213 Forever project; or
214 (d) Other conditions that the board of trustees may adopt
215 by rule. Such conditions may include, but are not limited to,
216 Florida Forever projects when title to the property being
217 acquired is considered nonmarketable or is encumbered in such a
218 way as to significantly affect its management.
219
220 If approval of the board of trustees is required pursuant to
221 this subsection, the acquiring agency must provide a
222 justification as to why it is in the public’s interest to
223 acquire the parcel or Florida Forever project. Approval of the
224 board of trustees is also required for Florida Forever projects
225 the department recommends acquiring pursuant to subsections (11)
226 and (22). Review and approval of agreements for acquisitions for
227 Florida Greenways and Trails Program properties pursuant to
228 chapter 260 may be waived by the department in any contract with
229 nonprofit corporations that have agreed to assist the department
230 with this program. If the contribution of the acquiring agency
231 exceeds $100 million in any one fiscal year, the agreement must
232 shall be submitted to and approved by the Legislative Budget
233 Commission.
234 (8) Before approval by the board of trustees, or, when
235 applicable, the Department of Environmental Protection, of any
236 agreement to purchase land pursuant to this chapter, chapter
237 259, chapter 260, or chapter 375, and before negotiations with
238 the parcel owner to purchase any other land, title to which will
239 vest in the board of trustees, an appraisal of the parcel shall
240 be required as follows:
241 (b) Each parcel to be acquired must shall have at least one
242 appraisal. Two appraisals are required when the estimated value
243 of the parcel exceeds $5 $1 million. However, if both appraisals
244 exceed $5 $1 million and differ significantly, a third appraisal
245 may be obtained. If a parcel is estimated to be worth $100,000
246 or less and the director of the Division of State Lands finds
247 that the cost of an outside appraisal is not justified, a
248 comparable sales analysis, an appraisal prepared by the
249 division, or other reasonably prudent procedures may be used by
250 the division to estimate the value of the parcel, provided the
251 public’s interest is reasonably protected. The state is not
252 required to appraise the value of lands and appurtenances that
253 are being donated to the state. Property value must be based
254 upon the reasonable market value of the property considering
255 those uses that are legally permissible, physically possible,
256 financially feasible, and maximally productive.
257
258 Notwithstanding this subsection, on behalf of the board of
259 trustees and before the appraisal of parcels approved for
260 purchase under this chapter or chapter 259, the Secretary of
261 Environmental Protection or the director of the Division of
262 State Lands may enter into option contracts to buy such parcels.
263 Any such option contract shall state that the final purchase
264 price is subject to approval by the board of trustees or, if
265 applicable, the Secretary of Environmental Protection, and that
266 the final purchase price may not exceed the maximum offer
267 allowed by law. Any such option contract presented to the board
268 of trustees for final purchase price approval shall explicitly
269 state that payment of the final purchase price is subject to an
270 appropriation from the Legislature. The consideration for such
271 an option may not exceed $1,000 or 0.01 percent of the estimate
272 by the department of the value of the parcel, whichever amount
273 is greater.
274 Section 4. Subsections (2) and (7), paragraph (b) of
275 subsection (8), and paragraph (d) of subsection (9) of section
276 259.032, Florida Statutes, are amended to read:
277 259.032 Conservation and recreation lands.—
278 (2) The Governor and Cabinet, sitting as the Board of
279 Trustees of the Internal Improvement Trust Fund, may expend
280 moneys appropriated by the Legislature to acquire the fee or any
281 lesser interest in lands for any of the following public
282 purposes:
283 (a) To conserve and protect environmentally unique and
284 irreplaceable lands that contain native, relatively unaltered
285 flora and fauna representing a natural area unique to, or scarce
286 within, a region of this state or a larger geographic area.;
287 (b) To conserve and protect lands within designated areas
288 of critical state concern, if the proposed acquisition relates
289 to the natural resource protection purposes of the designation.;
290 (c) To conserve and protect native species habitat or
291 endangered or threatened species, emphasizing long-term
292 protection for endangered or threatened species designated G-1
293 or G-2 by the Florida Natural Areas Inventory, and especially
294 those areas that are special locations for breeding and
295 reproduction.;
296 (d) To conserve, protect, manage, or restore important
297 ecosystems, landscapes, and forests, if the protection and
298 conservation of such lands is necessary to enhance or protect
299 significant surface water, groundwater, coastal, recreational,
300 timber, or fish or wildlife resources which cannot otherwise be
301 accomplished through local and state regulatory programs.;
302 (e) To promote water resource development that benefits
303 natural systems and citizens of the state.;
304 (f) To facilitate the restoration and subsequent health and
305 vitality of the Florida Everglades.;
306 (g) To provide areas, including recreational trails, for
307 natural resource-based recreation and other outdoor recreation
308 on any part of any site compatible with conservation purposes.;
309 (h) To preserve significant archaeological or historic
310 sites.;
311 (i) To conserve urban open spaces suitable for greenways or
312 outdoor recreation which are compatible with conservation
313 purposes.; or
314 (j) To preserve agricultural lands under threat of
315 conversion to development through less-than-fee acquisitions.
316 (k) To complete critical linkages that will help preserve
317 and protect this state’s green infrastructure and vital habitat
318 for wide-ranging wildlife, such as the Florida panther, within
319 the Florida wildlife corridor.
320 (7)(a) All lands managed under this chapter and s. 253.034
321 must shall be:
322 1.(a) Managed in a manner that will provide the greatest
323 combination of benefits to the public and to the resources.
324 2.(b) Managed for public outdoor recreation which is
325 compatible with the conservation and protection of public lands.
326 Such management may include, but not be limited to, the
327 following public recreational uses: fishing, hunting, camping,
328 bicycling, hiking, nature study, swimming, boating, canoeing,
329 horseback riding, diving, model hobbyist activities, birding,
330 sailing, jogging, and other related outdoor activities.
331 (b)(c) Concurrent with its adoption of the annual list of
332 acquisition projects pursuant to s. 259.035, the board shall
333 adopt a management prospectus for each project. The management
334 prospectus shall delineate:
335 1. The management goals for the property;
336 2. The conditions that will affect the intensity of
337 management;
338 3. An estimate of the revenue-generating potential of the
339 property, if appropriate;
340 4. A timetable for implementing the various stages of
341 management and for providing access to the public, if
342 applicable;
343 5. A description of potential multiple-use activities as
344 described in this section and s. 253.034;
345 6. Provisions for protecting existing infrastructure and
346 for ensuring the security of the project upon acquisition;
347 7. The anticipated costs of management and projected
348 sources of revenue, including legislative appropriations, to
349 fund management needs; and
350 8. Recommendations as to how many employees will be needed
351 to manage the property, and recommendations as to whether local
352 governments, volunteer groups, the former landowner, or other
353 interested parties can be involved in the management.
354 (c)(d) Concurrent with the approval of the acquisition
355 contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any
356 interest in lands except those lands acquired pursuant to s.
357 259.1052, the board shall designate an agency or agencies to
358 manage such lands. The board shall evaluate and amend, as
359 appropriate, the management policy statement for the project as
360 provided by s. 259.035 to ensure that the policy statement is
361 compatible with conservation, recreation, or both. For any fee
362 simple acquisition of a parcel which is or will be leased back
363 for agricultural purposes, or any acquisition of a less than fee
364 interest in land that is or will be used for agricultural
365 purposes, the board shall first consider having a soil and water
366 conservation district, created pursuant to chapter 582, manage
367 and monitor such interests.
368 (d)(e) State agencies designated to manage lands acquired
369 under this chapter or with funds deposited into the Land
370 Acquisition Trust Fund, except those lands acquired under s.
371 259.1052, may contract with local governments and soil and water
372 conservation districts to assist in management activities,
373 including the responsibility of being the lead land manager.
374 Such land management contracts may include a provision for the
375 transfer of management funding to the local government or soil
376 and water conservation district from the land acquisition trust
377 fund of the lead land managing agency in an amount adequate for
378 the local government or soil and water conservation district to
379 perform its contractual land management responsibilities and
380 proportionate to its responsibilities, and which otherwise would
381 have been expended by the state agency to manage the property.
382 (e)(f) Immediately following the acquisition of any
383 interest in conservation and recreation lands, the department,
384 acting on behalf of the board, may issue to the lead managing
385 entity an interim assignment letter to be effective until the
386 execution of a formal lease.
387 (8)
388 (b) Individual management plans required by s. 253.034(5),
389 for parcels over 160 acres, shall be developed with input from
390 an advisory group. Members of this advisory group shall include,
391 at a minimum, representatives of the lead land managing agency,
392 comanaging entities, local private property owners, the
393 appropriate soil and water conservation district, a local
394 conservation organization, and a local elected official. If
395 habitat or potentially restorable habitat for imperiled species
396 is located on state lands, the Fish and Wildlife Conservation
397 Commission and the Department of Agriculture and Consumer
398 Services shall be included on any advisory group required under
399 chapter 253, and the short-term and long-term management goals
400 required under chapter 253 must advance the goals and objectives
401 of imperiled species management without restricting other uses
402 identified in the management plan. The advisory group shall
403 conduct at least one public hearing within the county in which
404 the parcel or project is located. For those parcels or projects
405 that are within more than one county, at least one areawide
406 public hearing shall be acceptable and the lead managing agency
407 shall invite a local elected official from each county. The
408 areawide public hearing shall be held in the county in which the
409 core parcels are located. Notice of such public hearing shall be
410 posted on the parcel or project designated for management,
411 advertised in a paper of general circulation, and announced at a
412 scheduled meeting of the local governing body before the actual
413 public hearing. The management prospectus required pursuant to
414 paragraph (7)(b) (7)(c) shall be available to the public for a
415 period of 30 days before the public hearing.
416
417 By July 1 of each year, each governmental agency and each
418 private entity designated to manage lands shall report to the
419 Secretary of Environmental Protection on the progress of
420 funding, staffing, and resource management of every project for
421 which the agency or entity is responsible.
422 (9)
423 (d) Up to one-fifth of the funds appropriated for the
424 purposes identified in paragraph (b) shall be reserved by the
425 board for interim management of acquisitions and for associated
426 contractual services, to ensure the conservation and protection
427 of natural resources on project sites and to allow limited
428 public recreational use of lands. Interim management activities
429 may include, but not be limited to, resource assessments,
430 control of invasive, nonnative species, habitat restoration,
431 fencing, law enforcement, controlled burning, and public access
432 consistent with preliminary determinations made pursuant to
433 paragraph (7)(e) (7)(f). The board shall make these interim
434 funds available immediately upon purchase.
435 Section 5. Section 373.469, Florida Statutes, is created to
436 read:
437 373.469 Indian River Lagoon Protection Program.—
438 (1) FINDINGS AND INTENT.—
439 (a) The Legislature finds that:
440 1. The Indian River Lagoon is a critical water resource of
441 this state which provides many economic, natural habitat, and
442 biodiversity functions that benefit the public interest,
443 including fishing, navigation, recreation, and habitat to
444 endangered and threatened species and other flora and fauna.
445 2. Among other causes, land use changes, onsite sewage
446 treatment and disposal systems, aging infrastructure, stormwater
447 runoff, agriculture, and residential fertilizer have resulted in
448 excess nutrients entering the Indian River Lagoon and adversely
449 impacting the lagoon’s water quality.
450 3. Improvement to the hydrology, water quality, and
451 associated aquatic habitats within the Indian River Lagoon is
452 essential to the protection of the resource.
453 4. It is imperative for the state, local governments, and
454 agricultural and environmental communities to commit to
455 restoring and protecting the surface water resources of the
456 Indian River Lagoon, and a holistic approach to address these
457 issues must be developed and implemented immediately.
458 5. The expeditious implementation of the Banana River
459 Lagoon Basin Management Action Plan, Central Indian River Lagoon
460 Basin Management Action Plan, North Indian River Lagoon Basin
461 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
462 Plan is necessary to improve the quality of water in the Indian
463 River Lagoon ecosystem and to provide a reasonable means of
464 achieving the total maximum daily load requirements and
465 achieving and maintaining compliance with state water quality
466 standards.
467 6. The implementation of the programs contained in this
468 section will benefit the public health, safety, and welfare and
469 is in the public interest.
470 (b) The Legislature intends for this state to protect and
471 restore surface water resources and achieve and maintain
472 compliance with water quality standards in the Indian River
473 Lagoon through the phased, comprehensive, and innovative
474 protection program set forth in this section, including long
475 term solutions based upon the total maximum daily loads
476 established in accordance with s. 403.067. This program is
477 watershed-based, provides for the consideration of all water
478 quality issues needed to meet the total maximum daily load, and
479 includes research and monitoring, development and implementation
480 of best management practices, refinement of existing
481 regulations, and structural and nonstructural projects,
482 including public works.
483 (2) DEFINITIONS.—As used in this section, the term:
484 (a) “Best management practice” means a practice or
485 combination of practices determined by the coordinating
486 agencies, based on research, field-testing, and expert review,
487 to be the most effective and practicable on-location means,
488 including economic and technological considerations, for
489 improving water quality in agricultural and urban discharges.
490 Best management practices for agricultural discharges must
491 reflect a balance between water quality improvements and
492 agricultural productivity.
493 (b) “Enhanced nutrient-reducing onsite sewage treatment and
494 disposal system” means an onsite sewage treatment and disposal
495 system approved by the department as capable of meeting or
496 exceeding a 50 percent total nitrogen reduction before disposal
497 of wastewater in the drainfield, or at least 65 percent total
498 nitrogen reduction combined from onsite sewage tank or tanks and
499 drainfield.
500 (c) “Total maximum daily load” means the sum of the
501 individual wasteload allocations for point sources and the load
502 allocations for nonpoint sources and natural background adopted
503 pursuant to s. 403.067. Before determining individual wasteload
504 allocations and load allocations, the maximum amount of a
505 pollutant that a waterbody or water segment can assimilate from
506 all sources without exceeding water quality standards must first
507 be calculated.
508 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
509 River Lagoon Protection Program consists of the Banana River
510 Lagoon Basin Management Action Plan, Central Indian River Lagoon
511 Basin Management Action Plan, North Indian River Lagoon Basin
512 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
513 Plan, and such plans are the components of the Indian River
514 Lagoon Protection Program which achieve phosphorous and nitrogen
515 load reductions for the Indian River Lagoon.
516 (a) Evaluation.—Every 5 years, the department shall
517 evaluate and update the Banana River Lagoon Basin Management
518 Action Plan, Central Indian River Lagoon Basin Management Action
519 Plan, and North Indian River Lagoon Basin Management Action Plan
520 and identify any further load reductions necessary to achieve
521 compliance with the relevant total maximum daily loads
522 established pursuant to s. 403.067. As provided in s.
523 403.067(7)(a)6., such plans must include 5-year milestones for
524 implementation and water quality improvement and a water quality
525 monitoring component sufficient to evaluate whether reasonable
526 progress in pollutant load reductions is being achieved over
527 time.
528 (b) Water quality standards and total maximum daily loads.
529 The department, in coordination with the Department of
530 Agriculture and Consumer Services, the St. Johns River Water
531 Management District, South Florida Water Management District,
532 local governments, the Indian River Lagoon National Estuary
533 Program, and other stakeholders, shall identify and prioritize
534 strategies and projects necessary to achieve water quality
535 standards within the Indian River Lagoon watershed and meet the
536 total maximum daily loads. Projects identified from this
537 evaluation must be incorporated into the Banana River Lagoon
538 Basin Management Action Plan, Central Indian River Lagoon Basin
539 Management Action Plan, North Indian River Lagoon Basin
540 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
541 Plan, as appropriate.
542 (c) Indian River Lagoon Watershed Research and Water
543 Quality Monitoring Program.—The department, in coordination with
544 the St. Johns River Water Management District, the South Florida
545 Water Management District, and the Indian River Lagoon National
546 Estuary Program, shall implement the Indian River Lagoon
547 Watershed Research and Water Quality Monitoring Program to
548 establish a comprehensive water quality monitoring network
549 throughout the Indian River Lagoon and fund research pertaining
550 to water quality, ecosystem restoration, and seagrass impacts
551 and restoration. The department shall, in coordination with the
552 Department of Agriculture and Consumer Services, use the results
553 from the program to prioritize projects and to make
554 modifications to the Banana River Lagoon Basin Management Action
555 Plan, Central Indian River Lagoon Basin Management Action Plan,
556 North Indian River Lagoon Basin Management Action Plan, and
557 Mosquito Lagoon Reasonable Assurance Plan, as appropriate.
558 (d) Onsite sewage treatment and disposal systems.—
559 1. Beginning on January 1, 2024, unless previously
560 permitted, the installation of new onsite sewage treatment and
561 disposal systems is prohibited within the Banana River Lagoon
562 Basin Management Action Plan, Central Indian River Lagoon Basin
563 Management Action Plan, North Indian River Lagoon Basin
564 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
565 Plan areas where a publicly owned or investor-owned sewerage
566 system is available as defined in s. 381.0065(2)(a). Where
567 central sewerage is not available, only enhanced nutrient
568 reducing onsite sewage treatment and disposal systems or other
569 wastewater treatment systems that achieve at least 65 percent
570 nitrogen reduction are authorized.
571 2. By July 1, 2030, any commercial or residential property
572 with an existing onsite sewage treatment and disposal system
573 located within the Banana River Lagoon Basin Management Action
574 Plan, Central Indian River Lagoon Basin Management Action Plan,
575 North Indian River Lagoon Basin Management Action Plan, and
576 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
577 central sewer, if available, or upgrade to an enhanced nutrient-
578 reducing onsite sewage treatment and disposal system or other
579 wastewater treatment system that achieves at least 65 percent
580 nitrogen reduction.
581 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
582 section may not be construed to modify any existing state water
583 quality standard or to modify s. 403.067(6) and (7)(a).
584 (5) PRESERVATION OF AUTHORITY.—This section may not be
585 construed to restrict the authority otherwise granted to
586 agencies pursuant to this chapter and chapter 403, and this
587 section is supplemental to the authority granted to agencies
588 pursuant to this chapter and chapter 403.
589 (6) RULES.—The department and governing boards of the St.
590 Johns River Water Management District and South Florida Water
591 Management District may adopt rules pursuant to ss. 120.536(1)
592 and 120.54 to implement this section.
593 Section 6. Subsection (1) of section 373.501, Florida
594 Statutes, is amended to read:
595 373.501 Appropriation of funds to water management
596 districts.—
597 (1) The department shall transfer may allocate to the water
598 management districts, from funds appropriated to the districts
599 through the department in, such sums as may be deemed necessary
600 to defray the costs of the administrative, regulatory, and other
601 operational activities of the districts. The governing boards
602 shall submit annual budget requests for such purposes to the
603 department, and the department shall consider such budgets in
604 preparing its budget request for the Legislature. The districts
605 shall annually report to the department on the use of the funds.
606 Section 7. Present subsections (2) through (8) of section
607 373.802, Florida Statutes, are redesignated as subsections (3)
608 through (9), respectively, and a new subsection (2) is added to
609 that section, to read:
610 373.802 Definitions.—As used in this part, the term:
611 (2) “Enhanced nutrient-reducing onsite sewage treatment and
612 disposal system” means an onsite sewage treatment and disposal
613 system approved by the department as capable of meeting or
614 exceeding a 50 percent total nitrogen reduction before disposal
615 of wastewater in the drainfield, or at least 65 percent total
616 nitrogen reduction combined from onsite sewage tank or tanks and
617 drainfield.
618 Section 8. Subsections (2) and (3) of section 373.807,
619 Florida Statutes, are amended to read:
620 373.807 Protection of water quality in Outstanding Florida
621 Springs.—By July 1, 2016, the department shall initiate
622 assessment, pursuant to s. 403.067(3), of Outstanding Florida
623 Springs or spring systems for which an impairment determination
624 has not been made under the numeric nutrient standards in effect
625 for spring vents. Assessments must be completed by July 1, 2018.
626 (2) By July 1, 2017, each local government, as defined in
627 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
628 pursuant to s. 403.9337, shall develop, enact, and implement an
629 ordinance pursuant to that section. It is the intent of the
630 Legislature that ordinances required to be adopted under this
631 subsection reflect the latest scientific information,
632 advancements, and technological improvements in the industry.
633 (3) As part of a basin management action plan that includes
634 an Outstanding Florida Spring, the department, relevant local
635 governments, and relevant local public and private wastewater
636 utilities shall develop an onsite sewage treatment and disposal
637 system remediation plan for a spring if the department
638 determines onsite sewage treatment and disposal systems within a
639 basin management action plan priority focus area contribute at
640 least 20 percent of nonpoint source nitrogen pollution or if the
641 department determines remediation is necessary to achieve the
642 total maximum daily load. The plan must shall identify cost
643 effective and financially feasible projects necessary to reduce
644 the nutrient impacts from onsite sewage treatment and disposal
645 systems and shall be completed and adopted as part of the basin
646 management action plan no later than the first 5-year milestone
647 required by subparagraph (1)(b)8. The department is the lead
648 agency in coordinating the preparation of and the adoption of
649 the plan. The department shall:
650 (a) Collect and evaluate credible scientific information on
651 the effect of nutrients, particularly forms of nitrogen, on
652 springs and springs systems; and
653 (b) Develop a public education plan to provide area
654 residents with reliable, understandable information about onsite
655 sewage treatment and disposal systems and springs.
656
657 In addition to the requirements in s. 403.067, the plan must
658 shall include options for repair, upgrade, replacement,
659 drainfield modification, addition of effective nitrogen reducing
660 features, connection to a central sewerage system, or other
661 action for an onsite sewage treatment and disposal system or
662 group of systems within a basin management action plan priority
663 focus area that contribute at least 20 percent of nonpoint
664 source nitrogen pollution or if the department determines
665 remediation is necessary to achieve a total maximum daily load.
666 For these systems, the department shall include in the plan a
667 priority ranking for each system or group of systems that
668 requires remediation and shall award funds to implement the
669 remediation projects contingent on an appropriation in the
670 General Appropriations Act, which may include all or part of the
671 costs necessary for repair, upgrade, replacement, drainfield
672 modification, addition of effective nitrogen reducing features,
673 initial connection to a central sewerage system, or other
674 action. In awarding funds, the department may consider expected
675 nutrient reduction benefit per unit cost, size and scope of
676 project, relative local financial contribution to the project,
677 and the financial impact on property owners and the community.
678 The department may waive matching funding requirements for
679 proposed projects within an area designated as a rural area of
680 opportunity under s. 288.0656.
681 Section 9. Section 373.811, Florida Statutes, is amended to
682 read:
683 373.811 Prohibited activities within a basin management
684 action plan priority focus area.—The following activities are
685 prohibited within a basin management action plan priority focus
686 area in effect for an Outstanding Florida Spring:
687 (1) New domestic wastewater disposal facilities, including
688 rapid infiltration basins, with permitted capacities of 100,000
689 gallons per day or more, except for those facilities that meet
690 an advanced wastewater treatment standard of no more than 3 mg/l
691 total nitrogen, expressed as N, on an annual permitted basis, or
692 a more stringent treatment standard if the department determines
693 the more stringent standard is necessary to attain a total
694 maximum daily load for the Outstanding Florida Spring.
695 (2) New onsite sewage treatment and disposal systems where
696 connection to a publicly owned or investor-owned sewerage system
697 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
698 or less, if a publicly owned or investor-owned sewerage system
699 is not available, only the installation of enhanced nutrient
700 reducing onsite sewage treatment and disposal systems or other
701 wastewater treatment systems that achieve at least 65 percent
702 nitrogen reduction is authorized on lots of less than 1 acre, if
703 the addition of the specific systems conflicts with an onsite
704 treatment and disposal system remediation plan incorporated into
705 a basin management action plan in accordance with s. 373.807(3).
706 (3) New facilities for the disposal of hazardous waste.
707 (4) The land application of Class A or Class B domestic
708 wastewater biosolids not in accordance with a department
709 approved nutrient management plan establishing the rate at which
710 all biosolids, soil amendments, and sources of nutrients at the
711 land application site can be applied to the land for crop
712 production while minimizing the amount of pollutants and
713 nutrients discharged to groundwater or waters of the state.
714 (5) New agriculture operations that do not implement best
715 management practices, measures necessary to achieve pollution
716 reduction levels established by the department, or groundwater
717 monitoring plans approved by a water management district or the
718 department.
719 Section 10. Present paragraphs (f) through (r) of
720 subsection (2) of section 381.0065, Florida Statutes, are
721 redesignated as paragraphs (g) through (s), respectively, a new
722 paragraph (f) is added to that subsection, and paragraph (n) of
723 subsection (4) of that section is amended, to read:
724 381.0065 Onsite sewage treatment and disposal systems;
725 regulation.—
726 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
727 term:
728 (f) “Enhanced nutrient-reducing onsite sewage treatment and
729 disposal system” means an onsite sewage treatment and disposal
730 system approved by the department as capable of meeting or
731 exceeding a 50 percent total nitrogen reduction before disposal
732 of wastewater in the drainfield, or at least 65 percent total
733 nitrogen reduction combined from onsite sewage tank or tanks and
734 drainfield.
735 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
736 construct, repair, modify, abandon, or operate an onsite sewage
737 treatment and disposal system without first obtaining a permit
738 approved by the department. The department may issue permits to
739 carry out this section, except that the issuance of a permit for
740 work seaward of the coastal construction control line
741 established under s. 161.053 shall be contingent upon receipt of
742 any required coastal construction control line permit from the
743 department. A construction permit is valid for 18 months after
744 the date of issuance and may be extended by the department for
745 one 90-day period under rules adopted by the department. A
746 repair permit is valid for 90 days after the date of issuance.
747 An operating permit must be obtained before the use of any
748 aerobic treatment unit or if the establishment generates
749 commercial waste. Buildings or establishments that use an
750 aerobic treatment unit or generate commercial waste shall be
751 inspected by the department at least annually to assure
752 compliance with the terms of the operating permit. The operating
753 permit for a commercial wastewater system is valid for 1 year
754 after the date of issuance and must be renewed annually. The
755 operating permit for an aerobic treatment unit is valid for 2
756 years after the date of issuance and must be renewed every 2
757 years. If all information pertaining to the siting, location,
758 and installation conditions or repair of an onsite sewage
759 treatment and disposal system remains the same, a construction
760 or repair permit for the onsite sewage treatment and disposal
761 system may be transferred to another person, if the transferee
762 files, within 60 days after the transfer of ownership, an
763 amended application providing all corrected information and
764 proof of ownership of the property. A fee is not associated with
765 the processing of this supplemental information. A person may
766 not contract to construct, modify, alter, repair, service,
767 abandon, or maintain any portion of an onsite sewage treatment
768 and disposal system without being registered under part III of
769 chapter 489. A property owner who personally performs
770 construction, maintenance, or repairs to a system serving his or
771 her own owner-occupied single-family residence is exempt from
772 registration requirements for performing such construction,
773 maintenance, or repairs on that residence, but is subject to all
774 permitting requirements. A municipality or political subdivision
775 of the state may not issue a building or plumbing permit for any
776 building that requires the use of an onsite sewage treatment and
777 disposal system unless the owner or builder has received a
778 construction permit for such system from the department. A
779 building or structure may not be occupied and a municipality,
780 political subdivision, or any state or federal agency may not
781 authorize occupancy until the department approves the final
782 installation of the onsite sewage treatment and disposal system.
783 A municipality or political subdivision of the state may not
784 approve any change in occupancy or tenancy of a building that
785 uses an onsite sewage treatment and disposal system until the
786 department has reviewed the use of the system with the proposed
787 change, approved the change, and amended the operating permit.
788 (n) Evaluations for determining the seasonal high-water
789 table elevations or the suitability of soils for the use of a
790 new onsite sewage treatment and disposal system shall be
791 performed by department personnel, professional engineers
792 registered in the state, or such other persons with expertise,
793 as defined by rule, in making such evaluations. Evaluations for
794 determining mean annual flood lines shall be performed by those
795 persons identified in paragraph (2)(l) (2)(k). The department
796 shall accept evaluations submitted by professional engineers and
797 such other persons as meet the expertise established by this
798 section or by rule unless the department has a reasonable
799 scientific basis for questioning the accuracy or completeness of
800 the evaluation.
801 Section 11. Subsections (5) and (6) of section 381.00652,
802 Florida Statutes, are amended to read:
803 381.00652 Onsite sewage treatment and disposal systems
804 technical advisory committee.—
805 (5) By January 1 of each year, 2022, the committee shall
806 submit its recommendations to the Governor, the President of the
807 Senate, and the Speaker of the House of Representatives.
808 (6) This section expires August 15, 2022.
809 Section 12. Subsection (3) is added to section 381.00655,
810 Florida Statutes, to read:
811 381.00655 Connection of existing onsite sewage treatment
812 and disposal systems to central sewerage system; requirements.—
813 (3) Local governmental agencies, as defined in s.
814 403.1835(2), that receive grants or loans from the department to
815 offset the cost of connecting onsite sewage treatment and
816 disposal systems to publicly owned or investor-owned sewerage
817 systems are encouraged to do all of the following while such
818 funds remain available:
819 (a) Identify the owners of onsite sewage treatment and
820 disposal systems within the jurisdiction of the respective local
821 governmental agency who are eligible to apply for the grant or
822 loan funds and notify such owners of the funding availability.
823 (b) Maintain a publicly available website with information
824 relating to the availability of the grant or loan funds,
825 including the amount of funds available and information on how
826 the owner of an onsite sewage treatment and disposal system may
827 apply for such funds.
828 Section 13. Section 403.031, Florida Statutes, is reordered
829 and amended to read:
830 403.031 Definitions.—In construing this chapter, or rules
831 and regulations adopted pursuant hereto, the following words,
832 phrases, or terms, unless the context otherwise indicates, have
833 the following meanings:
834 (1) “Contaminant” is any substance which is harmful to
835 plant, animal, or human life.
836 (2) “Department” means the Department of Environmental
837 Protection.
838 (3) “Effluent limitations” means any restriction
839 established by the department on quantities, rates, or
840 concentrations of chemical, physical, biological, or other
841 constituents which are discharged from sources into waters of
842 the state.
843 (5) “Enhanced nutrient-reducing onsite sewage treatment and
844 disposal system” means an onsite sewage treatment and disposal
845 system approved by the department as capable of meeting or
846 exceeding a 50 percent total nitrogen reduction before disposal
847 of wastewater in the drainfield, or at least 65 percent total
848 nitrogen reduction combined from onsite sewage tank or tanks and
849 drainfield.
850 (6)(4) “Installation” means is any structure, equipment, or
851 facility, or appurtenances thereto, or operation which may emit
852 air or water contaminants in quantities prohibited by rules of
853 the department.
854 (7) “Nutrient or nutrient-related standards” means water
855 quality standards and criteria established for total nitrogen
856 and total phosphorous, or their organic or inorganic forms;
857 biological variables, such as chlorophyll-a, biomass, or the
858 structure of the phytoplankton, periphyton, or vascular plant
859 community, that respond to nutrient load or concentration in a
860 predictable and measurable manner; or dissolved oxygen if it is
861 demonstrated for the waterbody that dissolved oxygen conditions
862 result in a biological imbalance and the dissolved oxygen
863 responds to a nutrient load or concentration in a predictable
864 and measurable manner.
865 (8) “Onsite sewage treatment and disposal system” means a
866 system that contains a standard subsurface, filled, or mound
867 drainfield system; an aerobic treatment unit; a graywater system
868 tank; a laundry wastewater system tank; a septic tank; a grease
869 interceptor; a pump tank; a solids or effluent pump; a
870 waterless, incinerating, or organic waste-composting toilet; or
871 a sanitary pit privy that is installed or proposed to be
872 installed beyond the building sewer on land of the owner or on
873 other land to which the owner has the legal right to install a
874 system. The term includes any item placed within, or intended to
875 be used as a part of or in conjunction with, the system. The
876 term does not include package sewage treatment facilities and
877 other treatment works regulated under chapter 403.
878 (9)(5) “Person” means the state or any agency or
879 institution thereof, the United States or any agency or
880 institution thereof, or any municipality, political subdivision,
881 public or private corporation, individual, partnership,
882 association, or other entity and includes any officer or
883 governing or managing body of the state, the United States, any
884 agency, any municipality, political subdivision, or public or
885 private corporation.
886 (10)(6) “Plant” is any unit operation, complex, area, or
887 multiple of unit operations that produce, process, or cause to
888 be processed any materials, the processing of which can, or may,
889 cause air or water pollution.
890 (11)(7) “Pollution” is the presence in the outdoor
891 atmosphere or waters of the state of any substances,
892 contaminants, noise, or manmade or human-induced impairment of
893 air or waters or alteration of the chemical, physical,
894 biological, or radiological integrity of air or water in
895 quantities or at levels which are or may be potentially harmful
896 or injurious to human health or welfare, animal or plant life,
897 or property or which unreasonably interfere with the enjoyment
898 of life or property, including outdoor recreation unless
899 authorized by applicable law.
900 (12)(8) “Pollution prevention” means the steps taken by a
901 potential generator of contamination or pollution to eliminate
902 or reduce the contamination or pollution before it is discharged
903 into the environment. The term includes nonmandatory steps taken
904 to use alternative forms of energy, conserve or reduce the use
905 of energy, substitute nontoxic materials for toxic materials,
906 conserve or reduce the use of toxic materials and raw materials,
907 reformulate products, modify manufacturing or other processes,
908 improve in-plant maintenance and operations, implement
909 environmental planning before expanding a facility, and recycle
910 toxic or other raw materials.
911 (14)(9) “Sewerage system” means pipelines or conduits,
912 pumping stations, and force mains and all other structures,
913 devices, appurtenances, and facilities used for collecting or
914 conducting wastes to an ultimate point for treatment or
915 disposal.
916 (15)(10) “Source” means is any and all points of origin of
917 a contaminant the item defined in subsection (1), whether
918 privately or publicly owned or operated.
919 (21)(11) “Treatment works” and “disposal systems” mean any
920 plant or other works used for the purpose of treating,
921 stabilizing, or holding wastes.
922 (22)(12) “Wastes” means sewage, industrial wastes, and all
923 other liquid, gaseous, solid, radioactive, or other substances
924 which may pollute or tend to pollute any waters of the state.
925 (23)(13) “Waters” include, but are not limited to, rivers,
926 lakes, streams, springs, impoundments, wetlands, and all other
927 waters or bodies of water, including fresh, brackish, saline,
928 tidal, surface, or underground waters. Waters owned entirely by
929 one person other than the state are included only in regard to
930 possible discharge on other property or water. Underground
931 waters include, but are not limited to, all underground waters
932 passing through pores of rock or soils or flowing through in
933 channels, whether manmade or natural. Solely for purposes of s.
934 403.0885, waters of the state also include navigable waters or
935 waters of the contiguous zone as used in s. 502 of the Clean
936 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
937 existence on January 1, 1993, except for those navigable waters
938 seaward of the boundaries of the state set forth in s. 1, Art.
939 II of the State Constitution. Solely for purposes of this
940 chapter, waters of the state also include the area bounded by
941 the following:
942 (a) Commence at the intersection of State Road (SRD) 5
943 (U.S. 1) and the county line dividing Miami-Dade and Monroe
944 Counties, said point also being the mean high-water line of
945 Florida Bay, located in section 4, township 60 south, range 39
946 east of the Tallahassee Meridian for the point of beginning.
947 From said point of beginning, thence run northwesterly along
948 said SRD 5 to an intersection with the north line of section 18,
949 township 58 south, range 39 east; thence run westerly to a point
950 marking the southeast corner of section 12, township 58 south,
951 range 37 east, said point also lying on the east boundary of the
952 Everglades National Park; thence run north along the east
953 boundary of the aforementioned Everglades National Park to a
954 point marking the northeast corner of section 1, township 58
955 south, range 37 east; thence run west along said park to a point
956 marking the northwest corner of said section 1; thence run
957 northerly along said park to a point marking the northwest
958 corner of section 24, township 57 south, range 37 east; thence
959 run westerly along the south lines of sections 14, 15, and 16 to
960 the southwest corner of section 16; thence leaving the
961 Everglades National Park boundary run northerly along the west
962 line of section 16 to the northwest corner of section 16; thence
963 east along the northerly line of section 16 to a point at the
964 intersection of the east one-half and west one-half of section
965 9; thence northerly along the line separating the east one-half
966 and the west one-half of sections 9, 4, 33, and 28; thence run
967 easterly along the north line of section 28 to the northeast
968 corner of section 28; thence run northerly along the west line
969 of section 22 to the northwest corner of section 22; thence
970 easterly along the north line of section 22 to a point at the
971 intersection of the east one-half and west one-half of section
972 15; thence run northerly along said line to the point of
973 intersection with the north line of section 15; thence easterly
974 along the north line of section 15 to the northeast corner of
975 section 15; thence run northerly along the west lines of
976 sections 11 and 2 to the northwest corner of section 2; thence
977 run easterly along the north lines of sections 2 and 1 to the
978 northeast corner of section 1, township 56 south, range 37 east;
979 thence run north along the east line of section 36, township 55
980 south, range 37 east to the northeast corner of section 36;
981 thence run west along the north line of section 36 to the
982 northwest corner of section 36; thence run north along the west
983 line of section 25 to the northwest corner of section 25; thence
984 run west along the north line of section 26 to the northwest
985 corner of section 26; thence run north along the west line of
986 section 23 to the northwest corner of section 23; thence run
987 easterly along the north line of section 23 to the northeast
988 corner of section 23; thence run north along the west line of
989 section 13 to the northwest corner of section 13; thence run
990 east along the north line of section 13 to a point of
991 intersection with the west line of the southeast one-quarter of
992 section 12; thence run north along the west line of the
993 southeast one-quarter of section 12 to the northwest corner of
994 the southeast one-quarter of section 12; thence run east along
995 the north line of the southeast one-quarter of section 12 to the
996 point of intersection with the east line of section 12; thence
997 run east along the south line of the northwest one-quarter of
998 section 7 to the southeast corner of the northwest one-quarter
999 of section 7; thence run north along the east line of the
1000 northwest one-quarter of section 7 to the point of intersection
1001 with the north line of section 7; thence run northerly along the
1002 west line of the southeast one-quarter of section 6 to the
1003 northwest corner of the southeast one-quarter of section 6;
1004 thence run east along the north lines of the southeast one
1005 quarter of section 6 and the southwest one-quarter of section 5
1006 to the northeast corner of the southwest one-quarter of section
1007 5; thence run northerly along the east line of the northwest
1008 one-quarter of section 5 to the point of intersection with the
1009 north line of section 5; thence run northerly along the line
1010 dividing the east one-half and the west one-half of Lot 5 to a
1011 point intersecting the north line of Lot 5; thence run east
1012 along the north line of Lot 5 to the northeast corner of Lot 5,
1013 township 54 1/2 south, range 38 east; thence run north along the
1014 west line of section 33, township 54 south, range 38 east to a
1015 point intersecting the northwest corner of the southwest one
1016 quarter of section 33; thence run easterly along the north line
1017 of the southwest one-quarter of section 33 to the northeast
1018 corner of the southwest one-quarter of section 33; thence run
1019 north along the west line of the northeast one-quarter of
1020 section 33 to a point intersecting the north line of section 33;
1021 thence run easterly along the north line of section 33 to the
1022 northeast corner of section 33; thence run northerly along the
1023 west line of section 27 to a point intersecting the northwest
1024 corner of the southwest one-quarter of section 27; thence run
1025 easterly to the northeast corner of the southwest one-quarter of
1026 section 27; thence run northerly along the west line of the
1027 northeast one-quarter of section 27 to a point intersecting the
1028 north line of section 27; thence run west along the north line
1029 of section 27 to the northwest corner of section 27; thence run
1030 north along the west lines of sections 22 and 15 to the
1031 northwest corner of section 15; thence run easterly along the
1032 north lines of sections 15 and 14 to the point of intersection
1033 with the L-31N Levee, said intersection located near the
1034 southeast corner of section 11, township 54 south, range 38
1035 east; thence run northerly along Levee L-31N crossing SRD 90
1036 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
1037 31N, L-29, and L-30, said intersection located near the
1038 southeast corner of section 2, township 54 south, range 38 east;
1039 thence run northeasterly, northerly, and northeasterly along
1040 Levee L-30 to a point of intersection with the Miami
1041 Dade/Broward Levee, said intersection located near the northeast
1042 corner of section 17, township 52 south, range 39 east; thence
1043 run due east to a point of intersection with SRD 27 (Krome
1044 Ave.); thence run northeasterly along SRD 27 to an intersection
1045 with SRD 25 (U.S. 27), said intersection located in section 3,
1046 township 52 south, range 39 east; thence run northerly along
1047 said SRD 25, entering into Broward County, to an intersection
1048 with SRD 84 at Andytown; thence run southeasterly along the
1049 aforementioned SRD 84 to an intersection with the southwesterly
1050 prolongation of Levee L-35A, said intersection being located in
1051 the northeast one-quarter of section 5, township 50 south, range
1052 40 east; thence run northeasterly along Levee L-35A to an
1053 intersection of Levee L-36, said intersection located near the
1054 southeast corner of section 12, township 49 south, range 40
1055 east; thence run northerly along Levee L-36, entering into Palm
1056 Beach County, to an intersection common to said Levees L-36, L
1057 39, and L-40, said intersection located near the west quarter
1058 corner of section 19, township 47 south, range 41 east; thence
1059 run northeasterly, easterly, and northerly along Levee L-40,
1060 said Levee L-40 being the easterly boundary of the Loxahatchee
1061 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
1062 441), said intersection located near the southeast corner of
1063 section 32, township 43 south, range 40 east; thence run
1064 westerly along the aforementioned SRD 80 to a point marking the
1065 intersection of said road and the northeasterly prolongation of
1066 Levee L-7, said Levee L-7 being the westerly boundary of the
1067 Loxahatchee National Wildlife Refuge; thence run southwesterly
1068 and southerly along said Levee L-7 to an intersection common to
1069 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
1070 southwesterly along Levee L-6 to an intersection common to Levee
1071 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
1072 located near the northwest corner of section 27, township 47
1073 south, range 38 east; thence run westerly along the
1074 aforementioned Levee L-5 to a point intersecting the east line
1075 of range 36 east; thence run northerly along said range line to
1076 a point marking the northeast corner of section 1, township 47
1077 south, range 36 east; thence run westerly along the north line
1078 of township 47 south, to an intersection with Levee L-23/24
1079 (Miami Canal); thence run northwesterly along the Miami Canal
1080 Levee to a point intersecting the north line of section 22,
1081 township 46 south, range 35 east; thence run westerly to a point
1082 marking the northwest corner of section 21, township 46 south,
1083 range 35 east; thence run southerly to the southwest corner of
1084 said section 21; thence run westerly to a point marking the
1085 northwest corner of section 30, township 46 south, range 35
1086 east, said point also being on the line dividing Palm Beach and
1087 Hendry Counties; from said point, thence run southerly along
1088 said county line to a point marking the intersection of Broward,
1089 Hendry, and Collier Counties, said point also being the
1090 northeast corner of section 1, township 49 south, range 34 east;
1091 thence run westerly along the line dividing Hendry and Collier
1092 Counties and continuing along the prolongation thereof to a
1093 point marking the southwest corner of section 36, township 48
1094 south, range 29 east; thence run southerly to a point marking
1095 the southwest corner of section 12, township 49 south, range 29
1096 east; thence run westerly to a point marking the southwest
1097 corner of section 10, township 49 south, range 29 east; thence
1098 run southerly to a point marking the southwest corner of section
1099 15, township 49 south, range 29 east; thence run westerly to a
1100 point marking the northwest corner of section 24, township 49
1101 south, range 28 east, said point lying on the west boundary of
1102 the Big Cypress Area of Critical State Concern as described in
1103 rule 28-25.001, Florida Administrative Code; thence run
1104 southerly along said boundary crossing SRD 84 (Alligator Alley)
1105 to a point marking the southwest corner of section 24, township
1106 50 south, range 28 east; thence leaving the aforementioned west
1107 boundary of the Big Cypress Area of Critical State Concern run
1108 easterly to a point marking the northeast corner of section 25,
1109 township 50 south, range 28 east; thence run southerly along the
1110 east line of range 28 east to a point lying approximately 0.15
1111 miles south of the northeast corner of section 1, township 52
1112 south, range 28 east; thence run southwesterly 2.4 miles more or
1113 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
1114 said intersection lying 1.1 miles more or less west of the east
1115 line of range 28 east; thence run northwesterly and westerly
1116 along SRD 90 to an intersection with the west line of section
1117 10, township 52 south, range 28 east; thence leaving SRD 90 run
1118 southerly to a point marking the southwest corner of section 15,
1119 township 52 south, range 28 east; thence run westerly crossing
1120 the Faka Union Canal 0.6 miles more or less to a point; thence
1121 run southerly and parallel to the Faka Union Canal to a point
1122 located on the mean high-water line of Faka Union Bay; thence
1123 run southeasterly along the mean high-water line of the various
1124 bays, rivers, inlets, and streams to the point of beginning.
1125 (b) The area bounded by the line described in paragraph (a)
1126 generally includes those waters to be known as waters of the
1127 state. The landward extent of these waters shall be determined
1128 by the delineation methodology ratified in s. 373.4211. Any
1129 waters which are outside the general boundary line described in
1130 paragraph (a) but which are contiguous thereto by virtue of the
1131 presence of a wetland, watercourse, or other surface water, as
1132 determined by the delineation methodology ratified in s.
1133 373.4211, shall be a part of this waterbody water body. Any
1134 areas within the line described in paragraph (a) which are
1135 neither a wetland nor surface water, as determined by the
1136 delineation methodology ratified in s. 373.4211, shall be
1137 excluded therefrom. If the Florida Environmental Regulation
1138 Commission designates the waters within the boundaries an
1139 Outstanding Florida Water, waters outside the boundaries may
1140 shall not be included as part of such designation unless a
1141 hearing is held pursuant to notice in each appropriate county
1142 and the boundaries of such lands are specifically considered and
1143 described for such designation.
1144 (16)(14) “State water resource implementation rule” means
1145 the rule authorized by s. 373.036, which sets forth goals,
1146 objectives, and guidance for the development and review of
1147 programs, rules, and plans relating to water resources, based on
1148 statutory policies and directives. The waters of the state are
1149 among its most basic resources. Such waters should be managed to
1150 conserve and protect water resources and to realize the full
1151 beneficial use of these resources.
1152 (17)(15) “Stormwater management program” means the
1153 institutional strategy for stormwater management, including
1154 urban, agricultural, and other stormwater.
1155 (18)(16) “Stormwater management system” means a system
1156 which is designed and constructed or implemented to control
1157 discharges that which are necessitated by rainfall events,
1158 incorporating methods to collect, convey, store, absorb,
1159 inhibit, treat, use, or reuse water to prevent or reduce
1160 flooding, overdrainage, environmental degradation and water
1161 pollution or otherwise affect the quantity and quality of
1162 discharges from the system.
1163 (19)(17) “Stormwater utility” means the funding of a
1164 stormwater management program by assessing the cost of the
1165 program to the beneficiaries based on their relative
1166 contribution to its need. It is operated as a typical utility
1167 which bills services regularly, similar to water and wastewater
1168 services.
1169 (24)(18) “Watershed” means the land area that which
1170 contributes to the flow of water into a receiving body of water.
1171 (13)(19) “Regulated air pollutant” means any pollutant
1172 regulated under the federal Clean Air Act.
1173 (4)(20) “Electrical power plant” means, for purposes of
1174 this part of this chapter, any electrical generating facility
1175 that uses any process or fuel and that is owned or operated by
1176 an electric utility, as defined in s. 403.503(14), and includes
1177 any associated facility that directly supports the operation of
1178 the electrical power plant.
1179 (20)(21) “Total maximum daily load” is defined as the sum
1180 of the individual wasteload allocations for point sources and
1181 the load allocations for nonpoint sources and natural
1182 background. Prior to determining individual wasteload
1183 allocations and load allocations, the maximum amount of a
1184 pollutant that a waterbody water body or water segment can
1185 assimilate from all sources without exceeding water quality
1186 standards must first be calculated.
1187 Section 14. Paragraphs (a) and (e) of subsection (7) of
1188 section 403.067, Florida Statutes, are amended to read:
1189 403.067 Establishment and implementation of total maximum
1190 daily loads.—
1191 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1192 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1193 (a) Basin management action plans.—
1194 1. In developing and implementing the total maximum daily
1195 load for a waterbody water body, the department, or the
1196 department in conjunction with a water management district, may
1197 develop a basin management action plan that addresses some or
1198 all of the watersheds and basins tributary to the waterbody
1199 water body. Such plan must integrate the appropriate management
1200 strategies available to the state through existing water quality
1201 protection programs to achieve the total maximum daily loads and
1202 may provide for phased implementation of these management
1203 strategies to promote timely, cost-effective actions as provided
1204 for in s. 403.151. The plan must establish a schedule
1205 implementing the management strategies, establish a basis for
1206 evaluating the plan’s effectiveness, and identify feasible
1207 funding strategies for implementing the plan’s management
1208 strategies. The management strategies may include regional
1209 treatment systems or other public works, when appropriate, and
1210 voluntary trading of water quality credits to achieve the needed
1211 pollutant load reductions.
1212 2. A basin management action plan must equitably allocate,
1213 pursuant to paragraph (6)(b), pollutant reductions to individual
1214 basins, as a whole to all basins, or to each identified point
1215 source or category of nonpoint sources, as appropriate. For
1216 nonpoint sources for which best management practices have been
1217 adopted, the initial requirement specified by the plan must be
1218 those practices developed pursuant to paragraph (c). When
1219 appropriate, the plan may take into account the benefits of
1220 pollutant load reduction achieved by point or nonpoint sources
1221 that have implemented management strategies to reduce pollutant
1222 loads, including best management practices, before the
1223 development of the basin management action plan. The plan must
1224 also identify the mechanisms that will address potential future
1225 increases in pollutant loading.
1226 3. The basin management action planning process is intended
1227 to involve the broadest possible range of interested parties,
1228 with the objective of encouraging the greatest amount of
1229 cooperation and consensus possible. In developing a basin
1230 management action plan, the department shall assure that key
1231 stakeholders, including, but not limited to, applicable local
1232 governments, water management districts, the Department of
1233 Agriculture and Consumer Services, other appropriate state
1234 agencies, local soil and water conservation districts,
1235 environmental groups, regulated interests, and affected
1236 pollution sources, are invited to participate in the process.
1237 The department shall hold at least one public meeting in the
1238 vicinity of the watershed or basin to discuss and receive
1239 comments during the planning process and shall otherwise
1240 encourage public participation to the greatest practicable
1241 extent. Notice of the public meeting must be published in a
1242 newspaper of general circulation in each county in which the
1243 watershed or basin lies at least 5 days, but not more than 15
1244 days, before the public meeting. A basin management action plan
1245 does not supplant or otherwise alter any assessment made under
1246 subsection (3) or subsection (4) or any calculation or initial
1247 allocation.
1248 4. Each new or revised basin management action plan must
1249 shall include all of the following:
1250 a. The appropriate management strategies available through
1251 existing water quality protection programs to achieve total
1252 maximum daily loads, which may provide for phased implementation
1253 to promote timely, cost-effective actions as provided for in s.
1254 403.151.;
1255 b. A description of best management practices adopted by
1256 rule.;
1257 c. For the applicable 5-year implementation milestone, a
1258 list of projects that will achieve the pollutant load reductions
1259 needed to meet the total maximum daily load or the load
1260 allocations established pursuant to subsection (6). Each project
1261 must include a planning-level cost estimate and an estimated
1262 date of completion. A list of projects in priority ranking with
1263 a planning-level cost estimate and estimated date of completion
1264 for each listed project;
1265 d. A list of projects developed pursuant to paragraph (e),
1266 if applicable.
1267 e.d. The source and amount of financial assistance to be
1268 made available by the department, a water management district,
1269 or other entity for each listed project, if applicable.; and
1270 f.e. A planning-level estimate of each listed project’s
1271 expected load reduction, if applicable.
1272 5. The department shall adopt all or any part of a basin
1273 management action plan and any amendment to such plan by
1274 secretarial order pursuant to chapter 120 to implement this
1275 section.
1276 6. The basin management action plan must include 5-year
1277 milestones for implementation and water quality improvement, and
1278 an associated water quality monitoring component sufficient to
1279 evaluate whether reasonable progress in pollutant load
1280 reductions is being achieved over time. An assessment of
1281 progress toward these milestones shall be conducted every 5
1282 years, and revisions to the plan shall be made as appropriate.
1283 Any entity with a specific pollutant load reduction requirement
1284 established in a basin management action plan shall identify the
1285 projects or strategies that such entity will undertake to meet
1286 current 5-year pollution reduction milestones, beginning with
1287 the first 5-year milestone for new basin management action
1288 plans, and submit such projects to the department for inclusion
1289 in the appropriate basin management action plan. Each project
1290 identified must include an estimated amount of nutrient
1291 reduction that is reasonably expected to be achieved based on
1292 the best scientific information available. Revisions to the
1293 basin management action plan shall be made by the department in
1294 cooperation with basin stakeholders. Revisions to the management
1295 strategies required for nonpoint sources must follow the
1296 procedures in subparagraph (c)4. Revised basin management action
1297 plans must be adopted pursuant to subparagraph 5.
1298 7. In accordance with procedures adopted by rule under
1299 paragraph (9)(c), basin management action plans, and other
1300 pollution control programs under local, state, or federal
1301 authority as provided in subsection (4), may allow point or
1302 nonpoint sources that will achieve greater pollutant reductions
1303 than required by an adopted total maximum daily load or
1304 wasteload allocation to generate, register, and trade water
1305 quality credits for the excess reductions to enable other
1306 sources to achieve their allocation; however, the generation of
1307 water quality credits does not remove the obligation of a source
1308 or activity to meet applicable technology requirements or
1309 adopted best management practices. Such plans must allow trading
1310 between NPDES permittees, and trading that may or may not
1311 involve NPDES permittees, where the generation or use of the
1312 credits involve an entity or activity not subject to department
1313 water discharge permits whose owner voluntarily elects to obtain
1314 department authorization for the generation and sale of credits.
1315 8. The department’s rule relating to the equitable
1316 abatement of pollutants into surface waters does do not apply to
1317 waterbodies water bodies or waterbody water body segments for
1318 which a basin management plan that takes into account future new
1319 or expanded activities or discharges has been adopted under this
1320 section.
1321 9. In order to promote resilient wastewater utilities, if
1322 the department identifies domestic wastewater treatment
1323 facilities or onsite sewage treatment and disposal systems as
1324 contributors of at least 20 percent of point source or nonpoint
1325 source nutrient pollution or if the department determines
1326 remediation is necessary to achieve the total maximum daily
1327 load, a basin management action plan for a nutrient total
1328 maximum daily load must include the following:
1329 a. A wastewater treatment plan developed by each local
1330 government, in cooperation with the department, the water
1331 management district, and the public and private domestic
1332 wastewater treatment facilities within the jurisdiction of the
1333 local government, that addresses domestic wastewater. The
1334 wastewater treatment plan must:
1335 (I) Provide for construction, expansion, or upgrades
1336 necessary to achieve the total maximum daily load requirements
1337 applicable to the domestic wastewater treatment facility.
1338 (II) Include the permitted capacity in average annual
1339 gallons per day for the domestic wastewater treatment facility;
1340 the average nutrient concentration and the estimated average
1341 nutrient load of the domestic wastewater; a projected timeline
1342 of the dates by which the construction of any facility
1343 improvements will begin and be completed and the date by which
1344 operations of the improved facility will begin; the estimated
1345 cost of the improvements; and the identity of responsible
1346 parties.
1347
1348 The wastewater treatment plan must be adopted as part of the
1349 basin management action plan no later than July 1, 2025. A local
1350 government that does not have a domestic wastewater treatment
1351 facility in its jurisdiction is not required to develop a
1352 wastewater treatment plan unless there is a demonstrated need to
1353 establish a domestic wastewater treatment facility within its
1354 jurisdiction to improve water quality necessary to achieve a
1355 total maximum daily load. A local government is not responsible
1356 for a private domestic wastewater facility’s compliance with a
1357 basin management action plan unless such facility is operated
1358 through a public-private partnership to which the local
1359 government is a party.
1360 b. An onsite sewage treatment and disposal system
1361 remediation plan developed by each local government in
1362 cooperation with the department, the Department of Health, water
1363 management districts, and public and private domestic wastewater
1364 treatment facilities.
1365 (I) The onsite sewage treatment and disposal system
1366 remediation plan must identify cost-effective and financially
1367 feasible projects necessary to achieve the nutrient load
1368 reductions required for onsite sewage treatment and disposal
1369 systems. To identify cost-effective and financially feasible
1370 projects for remediation of onsite sewage treatment and disposal
1371 systems, the local government shall:
1372 (A) Include an inventory of onsite sewage treatment and
1373 disposal systems based on the best information available;
1374 (B) Identify onsite sewage treatment and disposal systems
1375 that would be eliminated through connection to existing or
1376 future central domestic wastewater infrastructure in the
1377 jurisdiction or domestic wastewater service area of the local
1378 government, that would be replaced with or upgraded to enhanced
1379 nutrient-reducing onsite sewage treatment and disposal systems,
1380 or that would remain on conventional onsite sewage treatment and
1381 disposal systems;
1382 (C) Estimate the costs of potential onsite sewage treatment
1383 and disposal system connections, upgrades, or replacements; and
1384 (D) Identify deadlines and interim milestones for the
1385 planning, design, and construction of projects.
1386 (II) The department shall adopt the onsite sewage treatment
1387 and disposal system remediation plan as part of the basin
1388 management action plan no later than July 1, 2025, or as
1389 required for Outstanding Florida Springs under s. 373.807.
1390 10. The installation of new onsite sewage treatment and
1391 disposal systems constructed within a basin management action
1392 plan area adopted under this section, a reasonable assurance
1393 plan, or a pollution reduction plan is prohibited where
1394 connection to a publicly owned or investor-owned sewerage system
1395 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1396 or less within a basin management action plan adopted under this
1397 section, a reasonable assurance plan, or a pollution reduction
1398 plan where a publicly owned or investor-owned sewerage system is
1399 not available, the installation of enhanced nutrient-reducing
1400 onsite sewage treatment and disposal systems or other wastewater
1401 treatment systems that achieve at least 65 percent nitrogen
1402 reduction is required.
1403 11.10. When identifying wastewater projects in a basin
1404 management action plan, the department may not require the
1405 higher cost option if it achieves the same nutrient load
1406 reduction as a lower cost option. A regulated entity may choose
1407 a different cost option if it complies with the pollutant
1408 reduction requirements of an adopted total maximum daily load
1409 and meets or exceeds the pollution reduction requirement of the
1410 original project.
1411 12. Annually, local governments subject to a basin
1412 management action plan or located within the basin of a
1413 waterbody not attaining nutrient or nutrient-related standards
1414 must provide to the department an update on the status of
1415 construction of sanitary sewers to serve such areas, in a manner
1416 prescribed by the department.
1417 (e) Cooperative agricultural regional water quality
1418 improvement element.—
1419 1. The department and, the Department of Agriculture and
1420 Consumer Services, in cooperation with and owners of
1421 agricultural operations in the basin, shall develop a
1422 cooperative agricultural regional water quality improvement
1423 element as part of a basin management action plan where only if:
1424 a. Agricultural measures have been adopted by the
1425 Department of Agriculture and Consumer Services pursuant to
1426 subparagraph (c)2. and have been implemented and the water body
1427 remains impaired;
1428 b. Agricultural nonpoint sources contribute to at least 20
1429 percent of nonpoint source nutrient discharges; and
1430 b.c. The department determines that additional measures, in
1431 combination with state-sponsored regional projects and other
1432 management strategies included in the basin management action
1433 plan, are necessary to achieve the total maximum daily load.
1434 2. The element will be implemented through the use of cost
1435 effective and technically and financially practical cooperative
1436 regional agricultural nutrient reduction cost-sharing projects
1437 and. The element must include a list of such projects submitted
1438 to the department by the Department of Agriculture and Consumer
1439 Services which, in combination with the best management
1440 practices, additional measures, and other management strategies,
1441 will achieve the needed pollutant load reductions established
1442 for agricultural nonpoint sources cost-effective and technically
1443 and financially practical cooperative regional agricultural
1444 nutrient reduction projects that can be implemented on private
1445 properties on a site-specific, cooperative basis. Such
1446 cooperative regional agricultural nutrient reduction projects
1447 may include, but are not limited to, land acquisition in fee or
1448 conservation easements on the lands of willing sellers and site
1449 specific water quality improvement or dispersed water management
1450 projects. The list of regional projects included in the
1451 cooperative agricultural regional water quality improvement
1452 element must include a planning-level cost estimate of each
1453 project along with the estimated amount of nutrient reduction
1454 that such project will achieve on the lands of project
1455 participants.
1456 3. To qualify for participation in the cooperative
1457 agricultural regional water quality improvement element, the
1458 participant must have already implemented and be in compliance
1459 with best management practices or other measures adopted by the
1460 Department of Agriculture and Consumer Services pursuant to
1461 subparagraph (c)2. The element must may be included in the basin
1462 management action plan as a part of the next 5-year assessment
1463 under subparagraph (a)6.
1464 4. The department or the Department of Agriculture and
1465 Consumer Services may submit a legislative budget request to
1466 fund projects developed pursuant to this paragraph. In
1467 allocating funds for projects funded pursuant to this paragraph,
1468 the department shall provide at least 20 percent of its annual
1469 appropriation for projects in subbasins with the highest
1470 nutrient concentrations within a basin management action plan.
1471 Projects submitted pursuant to this paragraph are eligible for
1472 funding in accordance with s. 403.0673.
1473 Section 15. Section 403.0673, Florida Statutes, is amended
1474 to read:
1475 403.0673 Water quality improvement Wastewater grant
1476 program.—A wastewater grant program is established within the
1477 Department of Environmental Protection to address wastewater,
1478 stormwater, and agricultural sources of nutrient loading to
1479 surface water or groundwater.
1480 (1) The purpose of the grant program is to fund projects
1481 that will improve the quality of waters that:
1482 (a) Are not attaining nutrient or nutrient-related
1483 standards;
1484 (b) Have an established total maximum daily load; or
1485 (c) Are located Subject to the appropriation of funds by
1486 the Legislature, the department may provide grants for the
1487 following projects within a basin management action plan area, a
1488 reasonable assurance plan area an alternative restoration plan
1489 adopted by final order, an accepted alternative restoration plan
1490 area, or a rural area of opportunity under s. 288.0656.
1491 (2) The department may provide grants for all of the
1492 following types of projects that reduce the amount of nutrients
1493 entering a waterbody identified in subsection (1):
1494 (a) Connecting onsite sewage treatment and disposal systems
1495 to central sewer facilities.
1496 (b) Upgrading domestic wastewater treatment facilities to
1497 advanced waste treatment or greater.
1498 (c) Repairing, upgrading, expanding, or constructing
1499 stormwater treatment facilities that result in improvements to
1500 surface water or groundwater quality.
1501 (d) Repairing, upgrading, expanding, or constructing
1502 domestic wastewater treatment facilities that result in
1503 improvements to surface water or groundwater quality, including
1504 domestic wastewater reuse and collection systems.
1505 (e) Projects identified pursuant to s. 403.067(7)(a) or
1506 (7)(e).
1507 (f) Projects identified in a wastewater treatment plan or
1508 an onsite sewage treatment and disposal system remediation plan
1509 developed pursuant to s. 403.067(7)(a)9.a. and b.
1510 (g) Projects listed in a city or county capital improvement
1511 element pursuant to s. 163.3177(3)(a)4.b.
1512 (h) Retrofitting onsite sewage treatment and disposal
1513 systems to upgrade such systems to enhanced nutrient-reducing
1514 onsite sewage treatment and disposal systems where central
1515 sewerage is unavailable which will individually or collectively
1516 reduce excess nutrient pollution:
1517 (a) Projects to retrofit onsite sewage treatment and
1518 disposal systems to upgrade such systems to enhanced nutrient
1519 reducing onsite sewage treatment and disposal systems.
1520 (b) Projects to construct, upgrade, or expand facilities to
1521 provide advanced waste treatment, as defined in s. 403.086(4).
1522 (c) Projects to connect onsite sewage treatment and
1523 disposal systems to central sewer facilities.
1524 (3)(2) In allocating such funds, priority must be given to
1525 projects that subsidize the connection of onsite sewage
1526 treatment and disposal systems to wastewater treatment
1527 facilities. First priority must be given to subsidize the
1528 connection of onsite sewage treatment and disposal systems to
1529 existing infrastructure. Second priority must be given to any
1530 expansion of a collection or transmission system that promotes
1531 efficiency by planning the installation of wastewater
1532 transmission facilities to be constructed concurrently with
1533 other construction projects occurring within or along a
1534 transportation facility right-of-way. Third priority must be
1535 given to all other connections of onsite sewage treatment and
1536 disposal systems to wastewater treatment facilities. The
1537 department shall consider and prioritize those projects that:
1538 (a) Have the maximum estimated reduction in nutrient load
1539 per project;
1540 (b) Demonstrate project readiness;
1541 (c) Are cost-effective;
1542 (d) Have a cost share identified by the applicant, except
1543 for rural areas of opportunity;
1544 (e) Have previous state commitment and involvement in the
1545 project, considering previously funded phases, the total amount
1546 of previous state funding, and previous partial appropriations
1547 for the proposed project; or
1548 (f) Are in a the cost-effectiveness of the project; the
1549 overall environmental benefit of a project; the location where
1550 reductions are needed most to attain the water quality standards
1551 of a waterbody not attaining nutrient or nutrient-related
1552 standards.
1553
1554 Any project that does not result in reducing nutrient loading to
1555 a waterbody identified in subsection (1) is not eligible for
1556 funding under this section of a project; the availability of
1557 local matching funds; and projected water savings or quantity
1558 improvements associated with a project.
1559 (3) Each grant for a project described in subsection (1)
1560 must require a minimum of a 50-percent local match of funds.
1561 However, the department may, at its discretion, waive, in whole
1562 or in part, this consideration of the local contribution for
1563 proposed projects within an area designated as a rural area of
1564 opportunity under s. 288.0656.
1565 (4) The department shall coordinate annually with each
1566 water management district, as necessary, to identify potential
1567 projects grant recipients in each district.
1568 (5) The department shall coordinate with the Department of
1569 Agriculture and Consumer Services, local governments, and
1570 stakeholders to identify the most effective and beneficial water
1571 quality improvement projects.
1572 (6) Beginning January 15, 2024 1, 2021, and each January 15
1573 1 thereafter, the department shall submit a report regarding the
1574 projects funded pursuant to this section to the Governor, the
1575 President of the Senate, and the Speaker of the House of
1576 Representatives. The report must include a list of those
1577 projects receiving funding and the following information for
1578 each project:
1579 (a) A description of the project;
1580 (b) The cost of the project;
1581 (c) The estimated nutrient load reduction of the project;
1582 (d) The location of the project;
1583 (e) The waterbody or waterbodies where the project will
1584 reduce nutrients; and
1585 (f) The total cost share being provided for the project.
1586
1587 ================= T I T L E A M E N D M E N T ================
1588 And the title is amended as follows:
1589 Delete lines 2 - 61
1590 and insert:
1591 An act relating to environmental protection; creating
1592 s. 120.5436, F.S.; providing legislative intent;
1593 requiring the Department of Environmental Protection
1594 and water management districts to conduct a holistic
1595 review of certain permitting processes and programs;
1596 requiring the department to consult with the
1597 Department of Transportation in conducting its review;
1598 providing the scope and purpose of the review;
1599 providing the factors the department and water
1600 management districts must consider when conducting the
1601 review; requiring the department and water management
1602 districts to submit a specified report to the Governor
1603 and Legislature by a specified date; amending s.
1604 163.3177, F.S.; revising the required components of a
1605 local government comprehensive plan capital
1606 improvements element and general sanitary sewer, solid
1607 waste, drainage, potable water, and natural
1608 groundwater aquifer recharge element; making technical
1609 changes; requiring the update of comprehensive plans
1610 by a specified date; providing applicability; amending
1611 s. 253.025, F.S.; revising the real property purchase
1612 agreements that must be submitted to and approved by
1613 the Board of Trustees of the Internal Improvement
1614 Trust Fund; increasing the estimated threshold that a
1615 parcel to be acquired must meet before additional
1616 appraisals are required; providing requirements for
1617 the assessment of property values; amending s.
1618 259.032, F.S.; authorizing the board to acquire
1619 interests in lands that complete certain linkages
1620 within the Florida wildlife corridor; conforming a
1621 provision to changes made by the act; making technical
1622 changes; creating s. 373.469, F.S.; providing
1623 legislative findings and intent; defining terms;
1624 providing the components of the Indian River Lagoon
1625 Protection Program; requiring the Department of
1626 Environmental Protection to evaluate and update the
1627 basin management action plans within the program at
1628 specified intervals; requiring the department, in
1629 coordination with specified entities, to identify and
1630 prioritize strategies and projects to achieve certain
1631 water quality standards and total maximum daily loads;
1632 requiring the department, in coordination with
1633 specified entities, to implement the Indian River
1634 Lagoon Watershed Research and Water Quality Monitoring
1635 Program for specified purposes; prohibiting the
1636 installation of new onsite sewage treatment and
1637 disposal systems beginning on a specified date under
1638 certain circumstances; requiring that commercial or
1639 residential properties with existing onsite sewage
1640 treatment and disposal systems be connected to central
1641 sewer or be upgraded to a certain system by a
1642 specified date; providing construction; authorizing
1643 the department and the governing boards of the St.
1644 Johns River Water Management District and the South
1645 Florida Water Management District to adopt rules;
1646 amending s. 373.501, F.S.; requiring, rather than
1647 authorizing, the department to transfer appropriated
1648 funds to the water management districts for specified
1649 purposes; requiring the districts to annually report
1650 to the department on the use of such funds; amending
1651 s. 373.802, F.S.; defining the term “enhanced
1652 nutrient-reducing onsite sewage treatment and disposal
1653 system”; amending s. 373.807, F.S.; conforming a
1654 cross-reference; revising requirements for onsite
1655 sewage treatment and disposal system remediation plans
1656 for springs; amending s. 373.811, F.S.; prohibiting
1657 new onsite sewage treatment and disposal systems
1658 within basin management action plans in effect for
1659 Outstanding Florida Springs under certain
1660 circumstances; authorizing the installation of
1661 enhanced or alternative systems for certain lots;
1662 amending s. 381.0065, F.S.; defining the term
1663 “enhanced nutrient-reducing onsite sewage treatment
1664 and disposal system”; amending s. 381.00652, F.S.;
1665 requiring the onsite sewage treatment and disposal
1666 systems technical advisory committee to submit annual
1667 recommendations to the Governor and the Legislature;
1668 removing the scheduled expiration of the committee;
1669 amending s. 381.00655, F.S.;