Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 1632
Ì606038,Î606038
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/26/2023 .
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The Committee on Fiscal Policy (Brodeur) recommended the
following:
1 Senate Substitute for Amendment (236310) (with title
2 amendment)
3
4 Delete lines 107 - 1644
5 and insert:
6 Section 1. Section 120.5436, Florida Statutes, is created
7 to read:
8 120.5436 Environmental licensing process review.—
9 (1)(a) It is the intent of the Legislature to build a more
10 resilient and responsive government infrastructure to allow for
11 quick recovery after natural disasters, including hurricanes and
12 tropical storms, without negatively impacting coastal ecosystems
13 or increasing future community vulnerability.
14 (b) It is further the intent of the Legislature to promote
15 efficiency in state government across branches, agencies, and
16 other governmental entities and to identify any area of
17 improvement within each that allows for quick, effective
18 delivery of services.
19 (c) Further, the Legislature intends for the state to seek
20 out ways to improve its administrative procedures in relevant
21 fields to build a streamlined permitting process that withstands
22 disruptions caused by natural disasters, including hurricanes
23 and tropical storms, while maintaining the integrity of natural
24 coastal ecosystems.
25 (2)(a) The Department of Environmental Protection and water
26 management districts shall conduct a holistic review of their
27 current coastal permitting processes and other permit programs.
28 These permitting processes must include, but are not limited to,
29 coastal construction control line permits; joint coastal
30 permits; environmental resource permits; consistent with
31 applicable federal terms and conditions, state-administered
32 federal environmental permitting programs; and permitting
33 processes related to water supply infrastructure, wastewater
34 infrastructure, and onsite sewage treatment and disposal
35 systems. The Department of Environmental Protection shall
36 consult with the Department of Transportation in conducting its
37 review.
38 (b) The scope and purpose of the review is to identify
39 areas of improvement and to increase efficiency within each
40 process. Factors that must be considered in the review include
41 all of the following:
42 1. The requirements to obtain a permit.
43 2. Time periods for review, including by commenting
44 agencies, and approval of the permit application.
45 3. Areas for improved efficiency and decision-point
46 consolidation within a single project’s process.
47 4. Areas of duplication across one or more permit programs,
48 while maintaining federal terms and conditions applicable to
49 state-administered federal environmental permitting programs.
50 5. The methods of requesting permits.
51 6. Adequate staffing levels necessary for complete and
52 efficient review.
53 7. Any other factors that may increase the efficiency of
54 the permitting processes and may allow improved storm recovery.
55 (c) By July 1, 2024, the department and water management
56 districts shall provide their findings and proposed solutions in
57 a report to the Governor, the President of the Senate, and the
58 Speaker of the House of Representatives.
59 Section 2. Paragraph (a) of subsection (3) and paragraph
60 (c) of subsection (6) of section 163.3177, Florida Statutes, are
61 amended to read:
62 163.3177 Required and optional elements of comprehensive
63 plan; studies and surveys.—
64 (3)(a) The comprehensive plan must shall contain a capital
65 improvements element designed to consider the need for and the
66 location of public facilities in order to encourage the
67 efficient use of such facilities and set forth all of the
68 following:
69 1. A component that outlines principles for construction,
70 extension, or increase in capacity of public facilities, as well
71 as a component that outlines principles for correcting existing
72 public facility deficiencies, which are necessary to implement
73 the comprehensive plan. The components must shall cover at least
74 a 5-year period.
75 2. Estimated public facility costs, including a delineation
76 of when facilities will be needed, the general location of the
77 facilities, and projected revenue sources to fund the
78 facilities.
79 3. Standards to ensure the availability of public
80 facilities and the adequacy of those facilities to meet
81 established acceptable levels of service.
82 4. A schedule of capital improvements which includes any
83 publicly funded projects of federal, state, or local government,
84 and which may include privately funded projects for which the
85 local government has no fiscal responsibility. Projects
86 necessary to ensure that any adopted level-of-service standards
87 are achieved and maintained for the 5-year period must be
88 identified as either funded or unfunded and given a level of
89 priority for funding.
90 5. The schedule must:
91 a. Include transportation improvements included in the
92 applicable metropolitan planning organization’s transportation
93 improvement program adopted pursuant to s. 339.175(8) to the
94 extent that such improvements are relied upon to ensure
95 concurrency and financial feasibility;.
96 b. Where applicable, include a list of projects necessary
97 to achieve the pollutant load reductions attributable to the
98 local government, as established in a basin management action
99 plan pursuant to s. 403.067(7); and
100 c. The schedule must Be coordinated with the applicable
101 metropolitan planning organization’s long-range transportation
102 plan adopted pursuant to s. 339.175(7).
103 (6) In addition to the requirements of subsections (1)-(5),
104 the comprehensive plan shall include the following elements:
105 (c) A general sanitary sewer, solid waste, drainage,
106 potable water, and natural groundwater aquifer recharge element
107 correlated to principles and guidelines for future land use,
108 indicating ways to provide for future potable water, drainage,
109 sanitary sewer, solid waste, and aquifer recharge protection
110 requirements for the area. The element may be a detailed
111 engineering plan including a topographic map depicting areas of
112 prime groundwater recharge.
113 1. Each local government shall address in the data and
114 analyses required by this section those facilities that provide
115 service within the local government’s jurisdiction. Local
116 governments that provide facilities to serve areas within other
117 local government jurisdictions shall also address those
118 facilities in the data and analyses required by this section,
119 using data from the comprehensive plan for those areas for the
120 purpose of projecting facility needs as required in this
121 subsection. For shared facilities, each local government shall
122 indicate the proportional capacity of the systems allocated to
123 serve its jurisdiction.
124 2. The element must shall describe the problems and needs
125 and the general facilities that will be required for solution of
126 the problems and needs, including correcting existing facility
127 deficiencies. The element must shall address coordinating the
128 extension of, or increase in the capacity of, or upgrade in
129 treatment of facilities to meet future needs; prioritizing
130 advanced waste treatment while maximizing the use of existing
131 facilities and discouraging urban sprawl; conserving potable
132 water resources; and protecting the functions of natural
133 groundwater recharge areas and natural drainage features.
134 3. Within the local government’s jurisdiction, for any
135 development of more than 50 residential lots, whether built or
136 unbuilt, with more than one onsite sewage treatment and disposal
137 system per 1 acre, the element must consider the feasibility of
138 providing sanitary sewer services within a 10-year planning
139 horizon and must identify the name and location of the
140 wastewater facility that could receive sanitary sewer flows
141 after connection; the capacity of the facility and any
142 associated transmission facilities; the projected wastewater
143 flow at that facility for the next 20 years, including expected
144 future new construction and connections of onsite sewage
145 treatment and disposal systems to sanitary sewer; and a timeline
146 for the construction of the sanitary sewer system. An onsite
147 sewage treatment and disposal system is presumed to exist on a
148 parcel if sanitary sewer services are not available at or
149 adjacent to the parcel boundary. Each comprehensive plan must be
150 updated to include this element by July 1, 2024, and as needed
151 thereafter to account for future applicable developments. This
152 subparagraph does not apply to a local government designated as
153 a rural area of opportunity under s. 288.0656.
154 4. Within 18 months after the governing board approves an
155 updated regional water supply plan, the element must incorporate
156 the alternative water supply project or projects selected by the
157 local government from those identified in the regional water
158 supply plan pursuant to s. 373.709(2)(a) or proposed by the
159 local government under s. 373.709(8)(b). If a local government
160 is located within two water management districts, the local
161 government must shall adopt its comprehensive plan amendment
162 within 18 months after the later updated regional water supply
163 plan. The element must identify such alternative water supply
164 projects and traditional water supply projects and conservation
165 and reuse necessary to meet the water needs identified in s.
166 373.709(2)(a) within the local government’s jurisdiction and
167 include a work plan, covering at least a 10-year planning
168 period, for building public, private, and regional water supply
169 facilities, including development of alternative water supplies,
170 which are identified in the element as necessary to serve
171 existing and new development. The work plan must shall be
172 updated, at a minimum, every 5 years within 18 months after the
173 governing board of a water management district approves an
174 updated regional water supply plan. Local governments, public
175 and private utilities, regional water supply authorities,
176 special districts, and water management districts are encouraged
177 to cooperatively plan for the development of multijurisdictional
178 water supply facilities that are sufficient to meet projected
179 demands for established planning periods, including the
180 development of alternative water sources to supplement
181 traditional sources of groundwater and surface water supplies.
182 5.4. A local government that does not own, operate, or
183 maintain its own water supply facilities, including, but not
184 limited to, wells, treatment facilities, and distribution
185 infrastructure, and is served by a public water utility with a
186 permitted allocation of greater than 300 million gallons per day
187 is not required to amend its comprehensive plan in response to
188 an updated regional water supply plan or to maintain a work plan
189 if any such local government’s usage of water constitutes less
190 than 1 percent of the public water utility’s total permitted
191 allocation. However, any such local government shall is required
192 to cooperate with, and provide relevant data to, any local
193 government or utility provider that provides service within its
194 jurisdiction, and shall to keep its general sanitary sewer,
195 solid waste, potable water, and natural groundwater aquifer
196 recharge element updated in accordance with s. 163.3191.
197 Section 3. Subsection (4) and paragraphs (b), (f), and (j)
198 of subsection (8) of section 253.025, Florida Statutes, are
199 amended to read:
200 253.025 Acquisition of state lands.—
201 (4) An agreement to acquire real property for the purposes
202 described in this chapter, chapter 259, chapter 260, or chapter
203 375, title to which will vest in the board of trustees, may not
204 bind the state before the agreement is reviewed and approved by
205 the Department of Environmental Protection as complying with
206 this section and any rules adopted pursuant to this section. If
207 any of the following conditions exist, the agreement must shall
208 be submitted to and approved by the board of trustees:
209 (a) The purchase price agreed to by the seller exceeds the
210 value as established pursuant to the rules of the board of
211 trustees.;
212 (b) The contract price agreed to by the seller and the
213 acquiring agency exceeds $5 $1 million.;
214 (c) The acquisition is the initial purchase in a Florida
215 Forever project; or
216 (d) Other conditions that the board of trustees may adopt
217 by rule. Such conditions may include, but are not limited to,
218 Florida Forever projects when title to the property being
219 acquired is considered nonmarketable or is encumbered in such a
220 way as to significantly affect its management.
221
222 If approval of the board of trustees is required pursuant to
223 this subsection, the acquiring agency must provide a
224 justification as to why it is in the public’s interest to
225 acquire the parcel or Florida Forever project. Approval of the
226 board of trustees is also required for Florida Forever projects
227 the department recommends acquiring pursuant to subsections (11)
228 and (22). Review and approval of agreements for acquisitions for
229 Florida Greenways and Trails Program properties pursuant to
230 chapter 260 may be waived by the department in any contract with
231 nonprofit corporations that have agreed to assist the department
232 with this program. If the contribution of the acquiring agency
233 exceeds $100 million in any one fiscal year, the agreement must
234 shall be submitted to and approved by the Legislative Budget
235 Commission.
236 (8) Before approval by the board of trustees, or, when
237 applicable, the Department of Environmental Protection, of any
238 agreement to purchase land pursuant to this chapter, chapter
239 259, chapter 260, or chapter 375, and before negotiations with
240 the parcel owner to purchase any other land, title to which will
241 vest in the board of trustees, an appraisal of the parcel shall
242 be required as follows:
243 (b) Each parcel to be acquired must shall have at least one
244 appraisal. Two appraisals are required when the estimated value
245 of the parcel exceeds $5 $1 million. However, if both appraisals
246 exceed $5 $1 million and differ significantly, a third appraisal
247 may be obtained. If a parcel is estimated to be worth $100,000
248 or less and the director of the Division of State Lands finds
249 that the cost of an outside appraisal is not justified, a
250 comparable sales analysis, an appraisal prepared by the
251 division, or other reasonably prudent procedures may be used by
252 the division to estimate the value of the parcel, provided the
253 public’s interest is reasonably protected. The state is not
254 required to appraise the value of lands and appurtenances that
255 are being donated to the state.
256 (f) Appraisal reports are confidential and exempt from s.
257 119.07(1), for use by the agency and the board of trustees,
258 until an option contract is executed or, if no option contract
259 is executed, until 2 weeks before a contract or agreement for
260 purchase is considered for approval by the board of trustees.
261 However, the Department of Environmental Protection shall may
262 disclose appraisal reports to private landowners or their
263 representatives during negotiations for acquisitions using
264 alternatives to fee simple techniques, if the department
265 determines that disclosure of such reports will bring the
266 proposed acquisition to closure. However, the private landowner
267 must agree to maintain the confidentiality of the reports or
268 information. The department may also disclose appraisal
269 information to public agencies or nonprofit organizations that
270 agree to maintain the confidentiality of the reports or
271 information when joint acquisition of property is contemplated,
272 or when a public agency or nonprofit organization enters into a
273 written agreement with the department to purchase and hold
274 property for subsequent resale to the board of trustees. In
275 addition, the department may use, as its own, appraisals
276 obtained by a public agency or nonprofit organization, if the
277 appraiser is selected from the department’s list of appraisers
278 and the appraisal is reviewed and approved by the department.
279 For purposes of this paragraph, the term “nonprofit
280 organization” means an organization that is exempt from federal
281 income tax under s. 501(c)(3) of the Internal Revenue Code and,
282 for purposes of the acquisition of conservation lands, an
283 organization whose purpose must include the preservation of
284 natural resources. The agency may release an appraisal report
285 when the passage of time has rendered the conclusions of value
286 in the report invalid or when the acquiring agency has
287 terminated negotiations.
288 (j)1. The board of trustees shall adopt by rule the method
289 for determining the value of parcels sought to be acquired by
290 state agencies pursuant to this section. An offer by a state
291 agency may not exceed the value for that parcel as determined
292 pursuant to the highest approved appraisal or the value
293 determined pursuant to the rules of the board of trustees,
294 whichever value is less.
295 2. Property value must be based upon the reasonable market
296 value of the property considering those uses that are legally
297 permissible, physically possible, financially feasible, and
298 maximally productive.
299 3.2. For a joint acquisition by a state agency and a local
300 government or other entity apart from the state, the joint
301 purchase price may not exceed 150 percent of the value for a
302 parcel as determined in accordance with the limits in
303 subparagraph 1. The state agency share of a joint purchase offer
304 may not exceed what the agency may offer singly pursuant to
305 subparagraph 1.
306 4.3. This paragraph does not apply to the acquisition of
307 historically unique or significant property as determined by the
308 Division of Historical Resources of the Department of State.
309
310 Notwithstanding this subsection, on behalf of the board of
311 trustees and before the appraisal of parcels approved for
312 purchase under this chapter or chapter 259, the Secretary of
313 Environmental Protection or the director of the Division of
314 State Lands may enter into option contracts to buy such parcels.
315 Any such option contract shall state that the final purchase
316 price is subject to approval by the board of trustees or, if
317 applicable, the Secretary of Environmental Protection, and that
318 the final purchase price may not exceed the maximum offer
319 allowed by law. Any such option contract presented to the board
320 of trustees for final purchase price approval shall explicitly
321 state that payment of the final purchase price is subject to an
322 appropriation from the Legislature. The consideration for such
323 an option may not exceed $1,000 or 0.01 percent of the estimate
324 by the department of the value of the parcel, whichever amount
325 is greater.
326 Section 4. Subsections (2) and (7), paragraph (b) of
327 subsection (8), and paragraph (d) of subsection (9) of section
328 259.032, Florida Statutes, are amended to read:
329 259.032 Conservation and recreation lands.—
330 (2) The Governor and Cabinet, sitting as the Board of
331 Trustees of the Internal Improvement Trust Fund, may expend
332 moneys appropriated by the Legislature to acquire the fee or any
333 lesser interest in lands for any of the following public
334 purposes:
335 (a) To conserve and protect environmentally unique and
336 irreplaceable lands that contain native, relatively unaltered
337 flora and fauna representing a natural area unique to, or scarce
338 within, a region of this state or a larger geographic area.;
339 (b) To conserve and protect lands within designated areas
340 of critical state concern, if the proposed acquisition relates
341 to the natural resource protection purposes of the designation.;
342 (c) To conserve and protect native species habitat or
343 endangered or threatened species, emphasizing long-term
344 protection for endangered or threatened species designated G-1
345 or G-2 by the Florida Natural Areas Inventory, and especially
346 those areas that are special locations for breeding and
347 reproduction.;
348 (d) To conserve, protect, manage, or restore important
349 ecosystems, landscapes, and forests, if the protection and
350 conservation of such lands is necessary to enhance or protect
351 significant surface water, groundwater, coastal, recreational,
352 timber, or fish or wildlife resources which cannot otherwise be
353 accomplished through local and state regulatory programs.;
354 (e) To promote water resource development that benefits
355 natural systems and citizens of the state.;
356 (f) To facilitate the restoration and subsequent health and
357 vitality of the Florida Everglades.;
358 (g) To provide areas, including recreational trails, for
359 natural resource-based recreation and other outdoor recreation
360 on any part of any site compatible with conservation purposes.;
361 (h) To preserve significant archaeological or historic
362 sites.;
363 (i) To conserve urban open spaces suitable for greenways or
364 outdoor recreation which are compatible with conservation
365 purposes.; or
366 (j) To preserve agricultural lands under threat of
367 conversion to development through less-than-fee acquisitions.
368 (k) To complete critical linkages through fee or less-than
369 fee acquisitions that will help preserve and protect the green
370 and blue infrastructure and vital habitat for wide-ranging
371 wildlife, such as the Florida panther, within the Florida
372 wildlife corridor as defined in s. 259.1055(4).
373 (7)(a) All lands managed under this chapter and s. 253.034
374 must shall be:
375 1.(a) Managed in a manner that will provide the greatest
376 combination of benefits to the public and to the resources.
377 2.(b) Managed for public outdoor recreation which is
378 compatible with the conservation and protection of public lands.
379 Such management may include, but not be limited to, the
380 following public recreational uses: fishing, hunting, camping,
381 bicycling, hiking, nature study, swimming, boating, canoeing,
382 horseback riding, diving, model hobbyist activities, birding,
383 sailing, jogging, and other related outdoor activities.
384 (b)(c) Concurrent with its adoption of the annual list of
385 acquisition projects pursuant to s. 259.035, the board shall
386 adopt a management prospectus for each project. The management
387 prospectus shall delineate:
388 1. The management goals for the property;
389 2. The conditions that will affect the intensity of
390 management;
391 3. An estimate of the revenue-generating potential of the
392 property, if appropriate;
393 4. A timetable for implementing the various stages of
394 management and for providing access to the public, if
395 applicable;
396 5. A description of potential multiple-use activities as
397 described in this section and s. 253.034;
398 6. Provisions for protecting existing infrastructure and
399 for ensuring the security of the project upon acquisition;
400 7. The anticipated costs of management and projected
401 sources of revenue, including legislative appropriations, to
402 fund management needs; and
403 8. Recommendations as to how many employees will be needed
404 to manage the property, and recommendations as to whether local
405 governments, volunteer groups, the former landowner, or other
406 interested parties can be involved in the management.
407 (c)(d) Concurrent with the approval of the acquisition
408 contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any
409 interest in lands except those lands acquired pursuant to s.
410 259.1052, the board shall designate an agency or agencies to
411 manage such lands. The board shall evaluate and amend, as
412 appropriate, the management policy statement for the project as
413 provided by s. 259.035 to ensure that the policy statement is
414 compatible with conservation, recreation, or both. For any fee
415 simple acquisition of a parcel which is or will be leased back
416 for agricultural purposes, or any acquisition of a less than fee
417 interest in land that is or will be used for agricultural
418 purposes, the board shall first consider having a soil and water
419 conservation district, created pursuant to chapter 582, manage
420 and monitor such interests.
421 (d)(e) State agencies designated to manage lands acquired
422 under this chapter or with funds deposited into the Land
423 Acquisition Trust Fund, except those lands acquired under s.
424 259.1052, may contract with local governments and soil and water
425 conservation districts to assist in management activities,
426 including the responsibility of being the lead land manager.
427 Such land management contracts may include a provision for the
428 transfer of management funding to the local government or soil
429 and water conservation district from the land acquisition trust
430 fund of the lead land managing agency in an amount adequate for
431 the local government or soil and water conservation district to
432 perform its contractual land management responsibilities and
433 proportionate to its responsibilities, and which otherwise would
434 have been expended by the state agency to manage the property.
435 (e)(f) Immediately following the acquisition of any
436 interest in conservation and recreation lands, the department,
437 acting on behalf of the board, may issue to the lead managing
438 entity an interim assignment letter to be effective until the
439 execution of a formal lease.
440 (8)
441 (b) Individual management plans required by s. 253.034(5),
442 for parcels over 160 acres, shall be developed with input from
443 an advisory group. Members of this advisory group shall include,
444 at a minimum, representatives of the lead land managing agency,
445 comanaging entities, local private property owners, the
446 appropriate soil and water conservation district, a local
447 conservation organization, and a local elected official. If
448 habitat or potentially restorable habitat for imperiled species
449 is located on state lands, the Fish and Wildlife Conservation
450 Commission and the Department of Agriculture and Consumer
451 Services shall be included on any advisory group required under
452 chapter 253, and the short-term and long-term management goals
453 required under chapter 253 must advance the goals and objectives
454 of imperiled species management without restricting other uses
455 identified in the management plan. The advisory group shall
456 conduct at least one public hearing within the county in which
457 the parcel or project is located. For those parcels or projects
458 that are within more than one county, at least one areawide
459 public hearing shall be acceptable and the lead managing agency
460 shall invite a local elected official from each county. The
461 areawide public hearing shall be held in the county in which the
462 core parcels are located. Notice of such public hearing shall be
463 posted on the parcel or project designated for management,
464 advertised in a paper of general circulation, and announced at a
465 scheduled meeting of the local governing body before the actual
466 public hearing. The management prospectus required pursuant to
467 paragraph (7)(b) (7)(c) shall be available to the public for a
468 period of 30 days before the public hearing.
469
470 By July 1 of each year, each governmental agency and each
471 private entity designated to manage lands shall report to the
472 Secretary of Environmental Protection on the progress of
473 funding, staffing, and resource management of every project for
474 which the agency or entity is responsible.
475 (9)
476 (d) Up to one-fifth of the funds appropriated for the
477 purposes identified in paragraph (b) shall be reserved by the
478 board for interim management of acquisitions and for associated
479 contractual services, to ensure the conservation and protection
480 of natural resources on project sites and to allow limited
481 public recreational use of lands. Interim management activities
482 may include, but not be limited to, resource assessments,
483 control of invasive, nonnative species, habitat restoration,
484 fencing, law enforcement, controlled burning, and public access
485 consistent with preliminary determinations made pursuant to
486 paragraph (7)(e) (7)(f). The board shall make these interim
487 funds available immediately upon purchase.
488 Section 5. Paragraphs (i), (l), and (m) of subsection (3),
489 paragraph (a) of subsection (5), and paragraph (i) of subsection
490 (15) of section 259.105, Florida Statutes, are amended, and
491 paragraphs (g) and (h) are added to subsection (10) of that
492 section, to read:
493 259.105 The Florida Forever Act.—
494 (3) Less the costs of issuing and the costs of funding
495 reserve accounts and other costs associated with bonds, the
496 proceeds of cash payments or bonds issued pursuant to this
497 section shall be deposited into the Florida Forever Trust Fund
498 created by s. 259.1051. The proceeds shall be distributed by the
499 Department of Environmental Protection in the following manner:
500 (i) Three and five-tenths percent to the Department of
501 Agriculture and Consumer Services for the acquisition of
502 agricultural lands, through perpetual conservation easements and
503 other perpetual less than fee techniques, which will achieve the
504 objectives of Florida Forever and s. 570.71. Rules concerning
505 the application, acquisition, and priority ranking process for
506 such easements shall be developed pursuant to s. 570.71(10) and
507 as provided by this paragraph. The board shall ensure that such
508 rules are consistent with the acquisition process provided for
509 in s. 570.715. The rules developed pursuant to s. 570.71(10),
510 shall also provide for the following:
511 1. An annual priority list shall be developed pursuant to
512 s. 570.71(10), submitted to the council for review, and approved
513 by the board pursuant to s. 259.04. By March 1, 2024, the
514 Department of Agriculture and Consumer Services shall submit an
515 updated priority list to the council. Any acquisitions for which
516 funds have been obligated before July 1, 2023, to pay for an
517 appraisal may not be impacted by the updated priority list.
518 2. Terms of easements and acquisitions proposed pursuant to
519 this paragraph shall be approved by the board and may not be
520 delegated by the board to any other entity receiving funds under
521 this section.
522 3. All acquisitions pursuant to this paragraph shall
523 contain a clear statement that they are subject to legislative
524 appropriation.
525
526 Funds provided under this paragraph may not be expended until
527 final adoption of rules by the board pursuant to s. 570.71.
528 (l) For the purposes of paragraphs (e), (f), (g), and (h),
529 the agencies that receive the funds shall develop their
530 individual acquisition or restoration lists in accordance with
531 specific criteria and numeric performance measures developed
532 pursuant to s. 259.035(4). Proposed additions may be acquired if
533 they are identified within the original project boundary, the
534 management plan required pursuant to s. 253.034(5), or the
535 management prospectus required pursuant to s. 259.032(7)(b) s.
536 259.032(7)(c). Proposed additions not meeting the requirements
537 of this paragraph shall be submitted to the council for
538 approval. The council may only approve the proposed addition if
539 it meets two or more of the following criteria: serves as a link
540 or corridor to other publicly owned property; enhances the
541 protection or management of the property; would add a desirable
542 resource to the property; would create a more manageable
543 boundary configuration; has a high resource value that otherwise
544 would be unprotected; or can be acquired at less than fair
545 market value.
546 (m) Notwithstanding paragraphs (a)-(j) and for the 2021
547 2022 fiscal year, the amount of $1,998,100 to only the
548 Department of Environmental Protection for grants pursuant to s.
549 375.075. This paragraph expires July 1, 2022.
550 (5)(a) All lands acquired pursuant to this section shall be
551 managed for multiple-use purposes, where compatible with the
552 resource values of and management objectives for such lands. As
553 used in this section, “multiple-use” includes, but is not
554 limited to, outdoor recreational activities as described in ss.
555 253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource
556 development projects, sustainable forestry management, carbon
557 sequestration, carbon mitigation, or carbon offsets.
558 (10) The council shall give increased priority to:
559 (g) Projects in imminent danger of development, loss of
560 significant natural attributes or recreational open space, or
561 subdivision, which would result in multiple ownership and make
562 acquisition of the project costly or less likely to be
563 accomplished.
564 (h) Projects located within the Florida wildlife corridor
565 as defined in s. 259.1055(4).
566 (15) The council shall submit to the board, with its list
567 of projects, a report that includes, but need not be limited to,
568 the following information for each project listed:
569 (i) A management policy statement for the project and a
570 management prospectus pursuant to s. 259.032(7)(b) s.
571 259.032(7)(c).
572 Section 6. Section 373.469, Florida Statutes, is created to
573 read:
574 373.469 Indian River Lagoon Protection Program.—
575 (1) FINDINGS AND INTENT.—
576 (a) The Legislature finds that:
577 1. The Indian River Lagoon is a critical water resource of
578 this state which provides many economic, natural habitat, and
579 biodiversity functions that benefit the public interest,
580 including fishing, navigation, recreation, and habitat to
581 endangered and threatened species and other flora and fauna.
582 2. Among other causes, land use changes, onsite sewage
583 treatment and disposal systems, aging infrastructure, stormwater
584 runoff, agriculture, and residential fertilizer have resulted in
585 excess nutrients entering the Indian River Lagoon and adversely
586 impacting the lagoon’s water quality.
587 3. Improvement to the hydrology, water quality, and
588 associated aquatic habitats within the Indian River Lagoon is
589 essential to the protection of the resource.
590 4. It is imperative for the state, local governments, and
591 agricultural and environmental communities to commit to
592 restoring and protecting the surface water resources of the
593 Indian River Lagoon, and a holistic approach to address these
594 issues must be developed and implemented immediately.
595 5. The expeditious implementation of the Banana River
596 Lagoon Basin Management Action Plan, Central Indian River Lagoon
597 Basin Management Action Plan, North Indian River Lagoon Basin
598 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
599 Plan is necessary to improve the quality of water in the Indian
600 River Lagoon ecosystem and to provide a reasonable means of
601 achieving the total maximum daily load requirements and
602 achieving and maintaining compliance with state water quality
603 standards.
604 6. The implementation of the programs contained in this
605 section will benefit the public health, safety, and welfare and
606 is in the public interest.
607 (b) The Legislature intends for this state to protect and
608 restore surface water resources and achieve and maintain
609 compliance with water quality standards in the Indian River
610 Lagoon through the phased, comprehensive, and innovative
611 protection program set forth in this section, including long
612 term solutions based upon the total maximum daily loads
613 established in accordance with s. 403.067. This program is
614 watershed-based, provides for the consideration of all water
615 quality issues needed to meet the total maximum daily load, and
616 includes research and monitoring, development and implementation
617 of best management practices, refinement of existing
618 regulations, and structural and nonstructural projects,
619 including public works.
620 (2) DEFINITIONS.—As used in this section, the term:
621 (a) “Best management practice” means a practice or
622 combination of practices determined by the coordinating
623 agencies, based on research, field-testing, and expert review,
624 to be the most effective and practicable on-location means,
625 including economic and technological considerations, for
626 improving water quality in agricultural and urban discharges.
627 Best management practices for agricultural discharges must
628 reflect a balance between water quality improvements and
629 agricultural productivity.
630 (b) “Enhanced nutrient-reducing onsite sewage treatment and
631 disposal system” means an onsite sewage treatment and disposal
632 system approved by the department as capable of meeting or
633 exceeding a 50 percent total nitrogen reduction before disposal
634 of wastewater in the drainfield, or at least 65 percent total
635 nitrogen reduction combined from onsite sewage tank or tanks and
636 drainfield.
637 (c) “Total maximum daily load” means the sum of the
638 individual wasteload allocations for point sources and the load
639 allocations for nonpoint sources and natural background adopted
640 pursuant to s. 403.067. Before determining individual wasteload
641 allocations and load allocations, the maximum amount of a
642 pollutant that a waterbody or water segment can assimilate from
643 all sources without exceeding water quality standards must first
644 be calculated.
645 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
646 River Lagoon Protection Program consists of the Banana River
647 Lagoon Basin Management Action Plan, Central Indian River Lagoon
648 Basin Management Action Plan, North Indian River Lagoon Basin
649 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
650 Plan, and such plans are the components of the Indian River
651 Lagoon Protection Program which achieve phosphorous and nitrogen
652 load reductions for the Indian River Lagoon.
653 (a) Evaluation.—Every 5 years, the department shall
654 evaluate and update the Banana River Lagoon Basin Management
655 Action Plan, Central Indian River Lagoon Basin Management Action
656 Plan, and North Indian River Lagoon Basin Management Action Plan
657 and identify any further load reductions necessary to achieve
658 compliance with the relevant total maximum daily loads
659 established pursuant to s. 403.067. As provided in s.
660 403.067(7)(a)6., such plans must include 5-year milestones for
661 implementation and water quality improvement and a water quality
662 monitoring component sufficient to evaluate whether reasonable
663 progress in pollutant load reductions is being achieved over
664 time.
665 (b) Water quality standards and total maximum daily loads.
666 The department, in coordination with the Department of
667 Agriculture and Consumer Services, the St. Johns River Water
668 Management District, South Florida Water Management District,
669 local governments, the Indian River Lagoon National Estuary
670 Program, and other stakeholders, shall identify and prioritize
671 strategies and projects necessary to achieve water quality
672 standards within the Indian River Lagoon watershed and meet the
673 total maximum daily loads. Projects identified from this
674 evaluation must be incorporated into the Banana River Lagoon
675 Basin Management Action Plan, Central Indian River Lagoon Basin
676 Management Action Plan, North Indian River Lagoon Basin
677 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
678 Plan, as appropriate.
679 (c) Indian River Lagoon Watershed Research and Water
680 Quality Monitoring Program.—The department, in coordination with
681 the St. Johns River Water Management District, the South Florida
682 Water Management District, and the Indian River Lagoon National
683 Estuary Program, shall implement the Indian River Lagoon
684 Watershed Research and Water Quality Monitoring Program to
685 establish a comprehensive water quality monitoring network
686 throughout the Indian River Lagoon and fund research pertaining
687 to water quality, ecosystem restoration, and seagrass impacts
688 and restoration. The department shall use the results from the
689 program to prioritize projects and to make modifications to the
690 Banana River Lagoon Basin Management Action Plan, Central Indian
691 River Lagoon Basin Management Action Plan, North Indian River
692 Lagoon Basin Management Action Plan, and Mosquito Lagoon
693 Reasonable Assurance Plan, as appropriate.
694 (d) Onsite sewage treatment and disposal systems.—
695 1. Beginning on January 1, 2024, unless previously
696 permitted, the installation of new onsite sewage treatment and
697 disposal systems is prohibited within the Banana River Lagoon
698 Basin Management Action Plan, Central Indian River Lagoon Basin
699 Management Action Plan, North Indian River Lagoon Basin
700 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
701 Plan areas where a publicly owned or investor-owned sewerage
702 system is available as defined in s. 381.0065(2)(a). Where
703 central sewerage is not available, only enhanced nutrient
704 reducing onsite sewage treatment and disposal systems or other
705 wastewater treatment systems that achieve at least 65 percent
706 nitrogen reduction are authorized.
707 2. By July 1, 2030, any commercial or residential property
708 with an existing onsite sewage treatment and disposal system
709 located within the Banana River Lagoon Basin Management Action
710 Plan, Central Indian River Lagoon Basin Management Action Plan,
711 North Indian River Lagoon Basin Management Action Plan, and
712 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
713 central sewer, if available, or upgrade to an enhanced nutrient-
714 reducing onsite sewage treatment and disposal system or other
715 wastewater treatment system that achieves at least 65 percent
716 nitrogen reduction.
717 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
718 section may not be construed to modify any existing state water
719 quality standard or to modify s. 403.067(6) and (7)(a).
720 (5) PRESERVATION OF AUTHORITY.—This section may not be
721 construed to restrict the authority otherwise granted to
722 agencies pursuant to this chapter and chapter 403, and this
723 section is supplemental to the authority granted to agencies
724 pursuant to this chapter and chapter 403.
725 (6) RULES.—The department and governing boards of the St.
726 Johns River Water Management District and South Florida Water
727 Management District may adopt rules pursuant to ss. 120.536(1)
728 and 120.54 to implement this section.
729 Section 7. Subsection (1) of section 373.501, Florida
730 Statutes, is amended to read:
731 373.501 Appropriation of funds to water management
732 districts.—
733 (1) The department shall transfer may allocate to the water
734 management districts, from funds appropriated to the districts
735 through the department in, such sums as may be deemed necessary
736 to defray the costs of the administrative, regulatory, and other
737 operational activities of the districts. The governing boards
738 shall submit annual budget requests for such purposes to the
739 department, and the department shall consider such budgets in
740 preparing its budget request for the Legislature. The districts
741 shall annually report to the department on the use of the funds.
742 Section 8. Present subsections (2) through (8) of section
743 373.802, Florida Statutes, are redesignated as subsections (3)
744 through (9), respectively, and a new subsection (2) is added to
745 that section, to read:
746 373.802 Definitions.—As used in this part, the term:
747 (2) “Enhanced nutrient-reducing onsite sewage treatment and
748 disposal system” means an onsite sewage treatment and disposal
749 system approved by the department as capable of meeting or
750 exceeding a 50 percent total nitrogen reduction before disposal
751 of wastewater in the drainfield, or at least 65 percent total
752 nitrogen reduction combined from onsite sewage tank or tanks and
753 drainfield.
754 Section 9. Subsections (2) and (3) of section 373.807,
755 Florida Statutes, are amended to read:
756 373.807 Protection of water quality in Outstanding Florida
757 Springs.—By July 1, 2016, the department shall initiate
758 assessment, pursuant to s. 403.067(3), of Outstanding Florida
759 Springs or spring systems for which an impairment determination
760 has not been made under the numeric nutrient standards in effect
761 for spring vents. Assessments must be completed by July 1, 2018.
762 (2) By July 1, 2017, each local government, as defined in
763 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
764 pursuant to s. 403.9337, shall develop, enact, and implement an
765 ordinance pursuant to that section. It is the intent of the
766 Legislature that ordinances required to be adopted under this
767 subsection reflect the latest scientific information,
768 advancements, and technological improvements in the industry.
769 (3) As part of a basin management action plan that includes
770 an Outstanding Florida Spring, the department, relevant local
771 governments, and relevant local public and private wastewater
772 utilities shall develop an onsite sewage treatment and disposal
773 system remediation plan for a spring if the department
774 determines onsite sewage treatment and disposal systems within a
775 basin management action plan priority focus area contribute at
776 least 20 percent of nonpoint source nitrogen pollution or if the
777 department determines remediation is necessary to achieve the
778 total maximum daily load. The plan must shall identify cost
779 effective and financially feasible projects necessary to reduce
780 the nutrient impacts from onsite sewage treatment and disposal
781 systems and shall be completed and adopted as part of the basin
782 management action plan no later than the first 5-year milestone
783 required by subparagraph (1)(b)8. The department is the lead
784 agency in coordinating the preparation of and the adoption of
785 the plan. The department shall:
786 (a) Collect and evaluate credible scientific information on
787 the effect of nutrients, particularly forms of nitrogen, on
788 springs and springs systems; and
789 (b) Develop a public education plan to provide area
790 residents with reliable, understandable information about onsite
791 sewage treatment and disposal systems and springs.
792
793 In addition to the requirements in s. 403.067, the plan must
794 shall include options for repair, upgrade, replacement,
795 drainfield modification, addition of effective nitrogen reducing
796 features, connection to a central sewerage system, or other
797 action for an onsite sewage treatment and disposal system or
798 group of systems within a basin management action plan priority
799 focus area that contribute at least 20 percent of nonpoint
800 source nitrogen pollution or if the department determines
801 remediation is necessary to achieve a total maximum daily load.
802 For these systems, the department shall include in the plan a
803 priority ranking for each system or group of systems that
804 requires remediation and shall award funds to implement the
805 remediation projects contingent on an appropriation in the
806 General Appropriations Act, which may include all or part of the
807 costs necessary for repair, upgrade, replacement, drainfield
808 modification, addition of effective nitrogen reducing features,
809 initial connection to a central sewerage system, or other
810 action. In awarding funds, the department may consider expected
811 nutrient reduction benefit per unit cost, size and scope of
812 project, relative local financial contribution to the project,
813 and the financial impact on property owners and the community.
814 The department may waive matching funding requirements for
815 proposed projects within an area designated as a rural area of
816 opportunity under s. 288.0656.
817 Section 10. Section 373.811, Florida Statutes, is amended
818 to read:
819 373.811 Prohibited activities within a basin management
820 action plan priority focus area.—The following activities are
821 prohibited within a basin management action plan priority focus
822 area in effect for an Outstanding Florida Spring:
823 (1) New domestic wastewater disposal facilities, including
824 rapid infiltration basins, with permitted capacities of 100,000
825 gallons per day or more, except for those facilities that meet
826 an advanced wastewater treatment standard of no more than 3 mg/l
827 total nitrogen, expressed as N, on an annual permitted basis, or
828 a more stringent treatment standard if the department determines
829 the more stringent standard is necessary to attain a total
830 maximum daily load for the Outstanding Florida Spring.
831 (2) New onsite sewage treatment and disposal systems where
832 connection to a publicly owned or investor-owned sewerage system
833 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
834 or less, if a publicly owned or investor-owned sewerage system
835 is not available, only the installation of enhanced nutrient
836 reducing onsite sewage treatment and disposal systems or other
837 wastewater treatment systems that achieve at least 65 percent
838 nitrogen reduction is authorized on lots of less than 1 acre, if
839 the addition of the specific systems conflicts with an onsite
840 treatment and disposal system remediation plan incorporated into
841 a basin management action plan in accordance with s. 373.807(3).
842 (3) New facilities for the disposal of hazardous waste.
843 (4) The land application of Class A or Class B domestic
844 wastewater biosolids not in accordance with a department
845 approved nutrient management plan establishing the rate at which
846 all biosolids, soil amendments, and sources of nutrients at the
847 land application site can be applied to the land for crop
848 production while minimizing the amount of pollutants and
849 nutrients discharged to groundwater or waters of the state.
850 (5) New agriculture operations that do not implement best
851 management practices, measures necessary to achieve pollution
852 reduction levels established by the department, or groundwater
853 monitoring plans approved by a water management district or the
854 department.
855 Section 11. Subsection (3) of section 375.041, Florida
856 Statutes, is amended to read:
857 375.041 Land Acquisition Trust Fund.—
858 (3) Funds distributed into the Land Acquisition Trust Fund
859 pursuant to s. 201.15 shall be applied:
860 (a) First, to pay debt service or to fund debt service
861 reserve funds, rebate obligations, or other amounts payable with
862 respect to Florida Forever bonds issued under s. 215.618; and
863 pay debt service, provide reserves, and pay rebate obligations
864 and other amounts due with respect to Everglades restoration
865 bonds issued under s. 215.619; and
866 (b) Of the funds remaining after the payments required
867 under paragraph (a), but before funds may be appropriated,
868 pledged, or dedicated for other uses:
869 1. A minimum of the lesser of 25 percent or $200 million
870 shall be appropriated annually for Everglades projects that
871 implement the Comprehensive Everglades Restoration Plan as set
872 forth in s. 373.470, including the Central Everglades Planning
873 Project subject to congressional authorization; the Long-Term
874 Plan as defined in s. 373.4592(2); and the Northern Everglades
875 and Estuaries Protection Program as set forth in s. 373.4595.
876 From these funds, $32 million shall be distributed each fiscal
877 year through the 2023-2024 fiscal year to the South Florida
878 Water Management District for the Long-Term Plan as defined in
879 s. 373.4592(2). After deducting the $32 million distributed
880 under this subparagraph, from the funds remaining, a minimum of
881 the lesser of 76.5 percent or $100 million shall be appropriated
882 each fiscal year through the 2025-2026 fiscal year for the
883 planning, design, engineering, and construction of the
884 Comprehensive Everglades Restoration Plan as set forth in s.
885 373.470, including the Central Everglades Planning Project, the
886 Everglades Agricultural Area Storage Reservoir Project, the Lake
887 Okeechobee Watershed Project, the C-43 West Basin Storage
888 Reservoir Project, the Indian River Lagoon-South Project, the
889 Western Everglades Restoration Project, and the Picayune Strand
890 Restoration Project. The Department of Environmental Protection
891 and the South Florida Water Management District shall give
892 preference to those Everglades restoration projects that reduce
893 harmful discharges of water from Lake Okeechobee to the St.
894 Lucie or Caloosahatchee estuaries in a timely manner. For the
895 purpose of performing the calculation provided in this
896 subparagraph, the amount of debt service paid pursuant to
897 paragraph (a) for bonds issued after July 1, 2016, for the
898 purposes set forth under this paragraph shall be added to the
899 amount remaining after the payments required under paragraph
900 (a). The amount of the distribution calculated shall then be
901 reduced by an amount equal to the debt service paid pursuant to
902 paragraph (a) on bonds issued after July 1, 2016, for the
903 purposes set forth under this subparagraph.
904 2. A minimum of the lesser of 7.6 percent or $50 million
905 shall be appropriated annually for spring restoration,
906 protection, and management projects. For the purpose of
907 performing the calculation provided in this subparagraph, the
908 amount of debt service paid pursuant to paragraph (a) for bonds
909 issued after July 1, 2016, for the purposes set forth under this
910 paragraph shall be added to the amount remaining after the
911 payments required under paragraph (a). The amount of the
912 distribution calculated shall then be reduced by an amount equal
913 to the debt service paid pursuant to paragraph (a) on bonds
914 issued after July 1, 2016, for the purposes set forth under this
915 subparagraph.
916 3. The sum of $5 million shall be appropriated annually
917 each fiscal year through the 2025-2026 fiscal year to the St.
918 Johns River Water Management District for projects dedicated to
919 the restoration of Lake Apopka. This distribution shall be
920 reduced by an amount equal to the debt service paid pursuant to
921 paragraph (a) on bonds issued after July 1, 2016, for the
922 purposes set forth in this subparagraph.
923 4. The sum of $64 million is appropriated and shall be
924 transferred to the Everglades Trust Fund for the 2018-2019
925 fiscal year, and each fiscal year thereafter, for the EAA
926 reservoir project pursuant to s. 373.4598. Any funds remaining
927 in any fiscal year shall be made available only for Phase II of
928 the C-51 reservoir project or projects identified in
929 subparagraph 1. and must be used in accordance with laws
930 relating to such projects. Any funds made available for such
931 purposes in a fiscal year are in addition to the amount
932 appropriated under subparagraph 1. This distribution shall be
933 reduced by an amount equal to the debt service paid pursuant to
934 paragraph (a) on bonds issued after July 1, 2017, for the
935 purposes set forth in this subparagraph.
936 5. The sum of $50 million shall be appropriated annually to
937 the South Florida Water Management District for the Lake
938 Okeechobee Watershed Restoration Project in accordance with s.
939 373.4599. This distribution must be reduced by an amount equal
940 to the debt service paid pursuant to paragraph (a) on bonds
941 issued after July 1, 2021, for the purposes set forth in this
942 subparagraph.
943 6. The sum of $100 million shall be appropriated annually
944 to the Department of Environmental Protection for the
945 acquisition of land pursuant to s. 259.105 Notwithstanding
946 subparagraph 3., for the 2022-2023 fiscal year, funds shall be
947 appropriated as provided in the General Appropriations Act. This
948 subparagraph expires July 1, 2023.
949 Section 12. Present paragraphs (f) through (r) of
950 subsection (2) of section 381.0065, Florida Statutes, are
951 redesignated as paragraphs (g) through (s), respectively, a new
952 paragraph (f) is added to that subsection, and paragraph (n) of
953 subsection (4) of that section is amended, to read:
954 381.0065 Onsite sewage treatment and disposal systems;
955 regulation.—
956 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
957 term:
958 (f) “Enhanced nutrient-reducing onsite sewage treatment and
959 disposal system” means an onsite sewage treatment and disposal
960 system approved by the department as capable of meeting or
961 exceeding a 50 percent total nitrogen reduction before disposal
962 of wastewater in the drainfield, or at least 65 percent total
963 nitrogen reduction combined from onsite sewage tank or tanks and
964 drainfield.
965 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
966 construct, repair, modify, abandon, or operate an onsite sewage
967 treatment and disposal system without first obtaining a permit
968 approved by the department. The department may issue permits to
969 carry out this section, except that the issuance of a permit for
970 work seaward of the coastal construction control line
971 established under s. 161.053 shall be contingent upon receipt of
972 any required coastal construction control line permit from the
973 department. A construction permit is valid for 18 months after
974 the date of issuance and may be extended by the department for
975 one 90-day period under rules adopted by the department. A
976 repair permit is valid for 90 days after the date of issuance.
977 An operating permit must be obtained before the use of any
978 aerobic treatment unit or if the establishment generates
979 commercial waste. Buildings or establishments that use an
980 aerobic treatment unit or generate commercial waste shall be
981 inspected by the department at least annually to assure
982 compliance with the terms of the operating permit. The operating
983 permit for a commercial wastewater system is valid for 1 year
984 after the date of issuance and must be renewed annually. The
985 operating permit for an aerobic treatment unit is valid for 2
986 years after the date of issuance and must be renewed every 2
987 years. If all information pertaining to the siting, location,
988 and installation conditions or repair of an onsite sewage
989 treatment and disposal system remains the same, a construction
990 or repair permit for the onsite sewage treatment and disposal
991 system may be transferred to another person, if the transferee
992 files, within 60 days after the transfer of ownership, an
993 amended application providing all corrected information and
994 proof of ownership of the property. A fee is not associated with
995 the processing of this supplemental information. A person may
996 not contract to construct, modify, alter, repair, service,
997 abandon, or maintain any portion of an onsite sewage treatment
998 and disposal system without being registered under part III of
999 chapter 489. A property owner who personally performs
1000 construction, maintenance, or repairs to a system serving his or
1001 her own owner-occupied single-family residence is exempt from
1002 registration requirements for performing such construction,
1003 maintenance, or repairs on that residence, but is subject to all
1004 permitting requirements. A municipality or political subdivision
1005 of the state may not issue a building or plumbing permit for any
1006 building that requires the use of an onsite sewage treatment and
1007 disposal system unless the owner or builder has received a
1008 construction permit for such system from the department. A
1009 building or structure may not be occupied and a municipality,
1010 political subdivision, or any state or federal agency may not
1011 authorize occupancy until the department approves the final
1012 installation of the onsite sewage treatment and disposal system.
1013 A municipality or political subdivision of the state may not
1014 approve any change in occupancy or tenancy of a building that
1015 uses an onsite sewage treatment and disposal system until the
1016 department has reviewed the use of the system with the proposed
1017 change, approved the change, and amended the operating permit.
1018 (n) Evaluations for determining the seasonal high-water
1019 table elevations or the suitability of soils for the use of a
1020 new onsite sewage treatment and disposal system shall be
1021 performed by department personnel, professional engineers
1022 registered in the state, or such other persons with expertise,
1023 as defined by rule, in making such evaluations. Evaluations for
1024 determining mean annual flood lines shall be performed by those
1025 persons identified in paragraph (2)(l) (2)(k). The department
1026 shall accept evaluations submitted by professional engineers and
1027 such other persons as meet the expertise established by this
1028 section or by rule unless the department has a reasonable
1029 scientific basis for questioning the accuracy or completeness of
1030 the evaluation.
1031 Section 13. Subsections (5) and (6) of section 381.00652,
1032 Florida Statutes, are amended to read:
1033 381.00652 Onsite sewage treatment and disposal systems
1034 technical advisory committee.—
1035 (5) By January 1 of each year, 2022, the committee shall
1036 submit its recommendations to the Governor, the President of the
1037 Senate, and the Speaker of the House of Representatives.
1038 (6) This section expires August 15, 2022.
1039 Section 14. Subsection (3) is added to section 381.00655,
1040 Florida Statutes, to read:
1041 381.00655 Connection of existing onsite sewage treatment
1042 and disposal systems to central sewerage system; requirements.—
1043 (3) Local governmental agencies, as defined in s.
1044 403.1835(2), that receive grants or loans from the department to
1045 offset the cost of connecting onsite sewage treatment and
1046 disposal systems to publicly owned or investor-owned sewerage
1047 systems are encouraged to do all of the following while such
1048 funds remain available:
1049 (a) Identify the owners of onsite sewage treatment and
1050 disposal systems within the jurisdiction of the respective local
1051 governmental agency who are eligible to apply for the grant or
1052 loan funds and notify such owners of the funding availability.
1053 (b) Maintain a publicly available website with information
1054 relating to the availability of the grant or loan funds,
1055 including the amount of funds available and information on how
1056 the owner of an onsite sewage treatment and disposal system may
1057 apply for such funds.
1058 Section 15. Section 403.031, Florida Statutes, is reordered
1059 and amended to read:
1060 403.031 Definitions.—In construing this chapter, or rules
1061 and regulations adopted pursuant hereto, the following words,
1062 phrases, or terms, unless the context otherwise indicates, have
1063 the following meanings:
1064 (1) “Contaminant” is any substance which is harmful to
1065 plant, animal, or human life.
1066 (2) “Department” means the Department of Environmental
1067 Protection.
1068 (3) “Effluent limitations” means any restriction
1069 established by the department on quantities, rates, or
1070 concentrations of chemical, physical, biological, or other
1071 constituents which are discharged from sources into waters of
1072 the state.
1073 (5) “Enhanced nutrient-reducing onsite sewage treatment and
1074 disposal system” means an onsite sewage treatment and disposal
1075 system approved by the department as capable of meeting or
1076 exceeding a 50 percent total nitrogen reduction before disposal
1077 of wastewater in the drainfield, or at least 65 percent total
1078 nitrogen reduction combined from onsite sewage tank or tanks and
1079 drainfield.
1080 (6)(4) “Installation” means is any structure, equipment, or
1081 facility, or appurtenances thereto, or operation which may emit
1082 air or water contaminants in quantities prohibited by rules of
1083 the department.
1084 (7) “Nutrient or nutrient-related standards” means water
1085 quality standards and criteria established for total nitrogen
1086 and total phosphorous, or their organic or inorganic forms;
1087 biological variables, such as chlorophyll-a, biomass, or the
1088 structure of the phytoplankton, periphyton, or vascular plant
1089 community, that respond to nutrient load or concentration in a
1090 predictable and measurable manner; or dissolved oxygen if it is
1091 demonstrated for the waterbody that dissolved oxygen conditions
1092 result in a biological imbalance and the dissolved oxygen
1093 responds to a nutrient load or concentration in a predictable
1094 and measurable manner.
1095 (8) “Onsite sewage treatment and disposal system” means a
1096 system that contains a standard subsurface, filled, or mound
1097 drainfield system; an aerobic treatment unit; a graywater system
1098 tank; a laundry wastewater system tank; a septic tank; a grease
1099 interceptor; a pump tank; a solids or effluent pump; a
1100 waterless, incinerating, or organic waste-composting toilet; or
1101 a sanitary pit privy that is installed or proposed to be
1102 installed beyond the building sewer on land of the owner or on
1103 other land to which the owner has the legal right to install a
1104 system. The term includes any item placed within, or intended to
1105 be used as a part of or in conjunction with, the system. The
1106 term does not include package sewage treatment facilities and
1107 other treatment works regulated under chapter 403.
1108 (9)(5) “Person” means the state or any agency or
1109 institution thereof, the United States or any agency or
1110 institution thereof, or any municipality, political subdivision,
1111 public or private corporation, individual, partnership,
1112 association, or other entity and includes any officer or
1113 governing or managing body of the state, the United States, any
1114 agency, any municipality, political subdivision, or public or
1115 private corporation.
1116 (10)(6) “Plant” is any unit operation, complex, area, or
1117 multiple of unit operations that produce, process, or cause to
1118 be processed any materials, the processing of which can, or may,
1119 cause air or water pollution.
1120 (11)(7) “Pollution” is the presence in the outdoor
1121 atmosphere or waters of the state of any substances,
1122 contaminants, noise, or manmade or human-induced impairment of
1123 air or waters or alteration of the chemical, physical,
1124 biological, or radiological integrity of air or water in
1125 quantities or at levels which are or may be potentially harmful
1126 or injurious to human health or welfare, animal or plant life,
1127 or property or which unreasonably interfere with the enjoyment
1128 of life or property, including outdoor recreation unless
1129 authorized by applicable law.
1130 (12)(8) “Pollution prevention” means the steps taken by a
1131 potential generator of contamination or pollution to eliminate
1132 or reduce the contamination or pollution before it is discharged
1133 into the environment. The term includes nonmandatory steps taken
1134 to use alternative forms of energy, conserve or reduce the use
1135 of energy, substitute nontoxic materials for toxic materials,
1136 conserve or reduce the use of toxic materials and raw materials,
1137 reformulate products, modify manufacturing or other processes,
1138 improve in-plant maintenance and operations, implement
1139 environmental planning before expanding a facility, and recycle
1140 toxic or other raw materials.
1141 (14)(9) “Sewerage system” means pipelines or conduits,
1142 pumping stations, and force mains and all other structures,
1143 devices, appurtenances, and facilities used for collecting or
1144 conducting wastes to an ultimate point for treatment or
1145 disposal.
1146 (15)(10) “Source” means is any and all points of origin of
1147 a contaminant the item defined in subsection (1), whether
1148 privately or publicly owned or operated.
1149 (21)(11) “Treatment works” and “disposal systems” mean any
1150 plant or other works used for the purpose of treating,
1151 stabilizing, or holding wastes.
1152 (22)(12) “Wastes” means sewage, industrial wastes, and all
1153 other liquid, gaseous, solid, radioactive, or other substances
1154 which may pollute or tend to pollute any waters of the state.
1155 (23)(13) “Waters” include, but are not limited to, rivers,
1156 lakes, streams, springs, impoundments, wetlands, and all other
1157 waters or bodies of water, including fresh, brackish, saline,
1158 tidal, surface, or underground waters. Waters owned entirely by
1159 one person other than the state are included only in regard to
1160 possible discharge on other property or water. Underground
1161 waters include, but are not limited to, all underground waters
1162 passing through pores of rock or soils or flowing through in
1163 channels, whether manmade or natural. Solely for purposes of s.
1164 403.0885, waters of the state also include navigable waters or
1165 waters of the contiguous zone as used in s. 502 of the Clean
1166 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
1167 existence on January 1, 1993, except for those navigable waters
1168 seaward of the boundaries of the state set forth in s. 1, Art.
1169 II of the State Constitution. Solely for purposes of this
1170 chapter, waters of the state also include the area bounded by
1171 the following:
1172 (a) Commence at the intersection of State Road (SRD) 5
1173 (U.S. 1) and the county line dividing Miami-Dade and Monroe
1174 Counties, said point also being the mean high-water line of
1175 Florida Bay, located in section 4, township 60 south, range 39
1176 east of the Tallahassee Meridian for the point of beginning.
1177 From said point of beginning, thence run northwesterly along
1178 said SRD 5 to an intersection with the north line of section 18,
1179 township 58 south, range 39 east; thence run westerly to a point
1180 marking the southeast corner of section 12, township 58 south,
1181 range 37 east, said point also lying on the east boundary of the
1182 Everglades National Park; thence run north along the east
1183 boundary of the aforementioned Everglades National Park to a
1184 point marking the northeast corner of section 1, township 58
1185 south, range 37 east; thence run west along said park to a point
1186 marking the northwest corner of said section 1; thence run
1187 northerly along said park to a point marking the northwest
1188 corner of section 24, township 57 south, range 37 east; thence
1189 run westerly along the south lines of sections 14, 15, and 16 to
1190 the southwest corner of section 16; thence leaving the
1191 Everglades National Park boundary run northerly along the west
1192 line of section 16 to the northwest corner of section 16; thence
1193 east along the northerly line of section 16 to a point at the
1194 intersection of the east one-half and west one-half of section
1195 9; thence northerly along the line separating the east one-half
1196 and the west one-half of sections 9, 4, 33, and 28; thence run
1197 easterly along the north line of section 28 to the northeast
1198 corner of section 28; thence run northerly along the west line
1199 of section 22 to the northwest corner of section 22; thence
1200 easterly along the north line of section 22 to a point at the
1201 intersection of the east one-half and west one-half of section
1202 15; thence run northerly along said line to the point of
1203 intersection with the north line of section 15; thence easterly
1204 along the north line of section 15 to the northeast corner of
1205 section 15; thence run northerly along the west lines of
1206 sections 11 and 2 to the northwest corner of section 2; thence
1207 run easterly along the north lines of sections 2 and 1 to the
1208 northeast corner of section 1, township 56 south, range 37 east;
1209 thence run north along the east line of section 36, township 55
1210 south, range 37 east to the northeast corner of section 36;
1211 thence run west along the north line of section 36 to the
1212 northwest corner of section 36; thence run north along the west
1213 line of section 25 to the northwest corner of section 25; thence
1214 run west along the north line of section 26 to the northwest
1215 corner of section 26; thence run north along the west line of
1216 section 23 to the northwest corner of section 23; thence run
1217 easterly along the north line of section 23 to the northeast
1218 corner of section 23; thence run north along the west line of
1219 section 13 to the northwest corner of section 13; thence run
1220 east along the north line of section 13 to a point of
1221 intersection with the west line of the southeast one-quarter of
1222 section 12; thence run north along the west line of the
1223 southeast one-quarter of section 12 to the northwest corner of
1224 the southeast one-quarter of section 12; thence run east along
1225 the north line of the southeast one-quarter of section 12 to the
1226 point of intersection with the east line of section 12; thence
1227 run east along the south line of the northwest one-quarter of
1228 section 7 to the southeast corner of the northwest one-quarter
1229 of section 7; thence run north along the east line of the
1230 northwest one-quarter of section 7 to the point of intersection
1231 with the north line of section 7; thence run northerly along the
1232 west line of the southeast one-quarter of section 6 to the
1233 northwest corner of the southeast one-quarter of section 6;
1234 thence run east along the north lines of the southeast one
1235 quarter of section 6 and the southwest one-quarter of section 5
1236 to the northeast corner of the southwest one-quarter of section
1237 5; thence run northerly along the east line of the northwest
1238 one-quarter of section 5 to the point of intersection with the
1239 north line of section 5; thence run northerly along the line
1240 dividing the east one-half and the west one-half of Lot 5 to a
1241 point intersecting the north line of Lot 5; thence run east
1242 along the north line of Lot 5 to the northeast corner of Lot 5,
1243 township 54 1/2 south, range 38 east; thence run north along the
1244 west line of section 33, township 54 south, range 38 east to a
1245 point intersecting the northwest corner of the southwest one
1246 quarter of section 33; thence run easterly along the north line
1247 of the southwest one-quarter of section 33 to the northeast
1248 corner of the southwest one-quarter of section 33; thence run
1249 north along the west line of the northeast one-quarter of
1250 section 33 to a point intersecting the north line of section 33;
1251 thence run easterly along the north line of section 33 to the
1252 northeast corner of section 33; thence run northerly along the
1253 west line of section 27 to a point intersecting the northwest
1254 corner of the southwest one-quarter of section 27; thence run
1255 easterly to the northeast corner of the southwest one-quarter of
1256 section 27; thence run northerly along the west line of the
1257 northeast one-quarter of section 27 to a point intersecting the
1258 north line of section 27; thence run west along the north line
1259 of section 27 to the northwest corner of section 27; thence run
1260 north along the west lines of sections 22 and 15 to the
1261 northwest corner of section 15; thence run easterly along the
1262 north lines of sections 15 and 14 to the point of intersection
1263 with the L-31N Levee, said intersection located near the
1264 southeast corner of section 11, township 54 south, range 38
1265 east; thence run northerly along Levee L-31N crossing SRD 90
1266 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
1267 31N, L-29, and L-30, said intersection located near the
1268 southeast corner of section 2, township 54 south, range 38 east;
1269 thence run northeasterly, northerly, and northeasterly along
1270 Levee L-30 to a point of intersection with the Miami
1271 Dade/Broward Levee, said intersection located near the northeast
1272 corner of section 17, township 52 south, range 39 east; thence
1273 run due east to a point of intersection with SRD 27 (Krome
1274 Ave.); thence run northeasterly along SRD 27 to an intersection
1275 with SRD 25 (U.S. 27), said intersection located in section 3,
1276 township 52 south, range 39 east; thence run northerly along
1277 said SRD 25, entering into Broward County, to an intersection
1278 with SRD 84 at Andytown; thence run southeasterly along the
1279 aforementioned SRD 84 to an intersection with the southwesterly
1280 prolongation of Levee L-35A, said intersection being located in
1281 the northeast one-quarter of section 5, township 50 south, range
1282 40 east; thence run northeasterly along Levee L-35A to an
1283 intersection of Levee L-36, said intersection located near the
1284 southeast corner of section 12, township 49 south, range 40
1285 east; thence run northerly along Levee L-36, entering into Palm
1286 Beach County, to an intersection common to said Levees L-36, L
1287 39, and L-40, said intersection located near the west quarter
1288 corner of section 19, township 47 south, range 41 east; thence
1289 run northeasterly, easterly, and northerly along Levee L-40,
1290 said Levee L-40 being the easterly boundary of the Loxahatchee
1291 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
1292 441), said intersection located near the southeast corner of
1293 section 32, township 43 south, range 40 east; thence run
1294 westerly along the aforementioned SRD 80 to a point marking the
1295 intersection of said road and the northeasterly prolongation of
1296 Levee L-7, said Levee L-7 being the westerly boundary of the
1297 Loxahatchee National Wildlife Refuge; thence run southwesterly
1298 and southerly along said Levee L-7 to an intersection common to
1299 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
1300 southwesterly along Levee L-6 to an intersection common to Levee
1301 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
1302 located near the northwest corner of section 27, township 47
1303 south, range 38 east; thence run westerly along the
1304 aforementioned Levee L-5 to a point intersecting the east line
1305 of range 36 east; thence run northerly along said range line to
1306 a point marking the northeast corner of section 1, township 47
1307 south, range 36 east; thence run westerly along the north line
1308 of township 47 south, to an intersection with Levee L-23/24
1309 (Miami Canal); thence run northwesterly along the Miami Canal
1310 Levee to a point intersecting the north line of section 22,
1311 township 46 south, range 35 east; thence run westerly to a point
1312 marking the northwest corner of section 21, township 46 south,
1313 range 35 east; thence run southerly to the southwest corner of
1314 said section 21; thence run westerly to a point marking the
1315 northwest corner of section 30, township 46 south, range 35
1316 east, said point also being on the line dividing Palm Beach and
1317 Hendry Counties; from said point, thence run southerly along
1318 said county line to a point marking the intersection of Broward,
1319 Hendry, and Collier Counties, said point also being the
1320 northeast corner of section 1, township 49 south, range 34 east;
1321 thence run westerly along the line dividing Hendry and Collier
1322 Counties and continuing along the prolongation thereof to a
1323 point marking the southwest corner of section 36, township 48
1324 south, range 29 east; thence run southerly to a point marking
1325 the southwest corner of section 12, township 49 south, range 29
1326 east; thence run westerly to a point marking the southwest
1327 corner of section 10, township 49 south, range 29 east; thence
1328 run southerly to a point marking the southwest corner of section
1329 15, township 49 south, range 29 east; thence run westerly to a
1330 point marking the northwest corner of section 24, township 49
1331 south, range 28 east, said point lying on the west boundary of
1332 the Big Cypress Area of Critical State Concern as described in
1333 rule 28-25.001, Florida Administrative Code; thence run
1334 southerly along said boundary crossing SRD 84 (Alligator Alley)
1335 to a point marking the southwest corner of section 24, township
1336 50 south, range 28 east; thence leaving the aforementioned west
1337 boundary of the Big Cypress Area of Critical State Concern run
1338 easterly to a point marking the northeast corner of section 25,
1339 township 50 south, range 28 east; thence run southerly along the
1340 east line of range 28 east to a point lying approximately 0.15
1341 miles south of the northeast corner of section 1, township 52
1342 south, range 28 east; thence run southwesterly 2.4 miles more or
1343 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
1344 said intersection lying 1.1 miles more or less west of the east
1345 line of range 28 east; thence run northwesterly and westerly
1346 along SRD 90 to an intersection with the west line of section
1347 10, township 52 south, range 28 east; thence leaving SRD 90 run
1348 southerly to a point marking the southwest corner of section 15,
1349 township 52 south, range 28 east; thence run westerly crossing
1350 the Faka Union Canal 0.6 miles more or less to a point; thence
1351 run southerly and parallel to the Faka Union Canal to a point
1352 located on the mean high-water line of Faka Union Bay; thence
1353 run southeasterly along the mean high-water line of the various
1354 bays, rivers, inlets, and streams to the point of beginning.
1355 (b) The area bounded by the line described in paragraph (a)
1356 generally includes those waters to be known as waters of the
1357 state. The landward extent of these waters shall be determined
1358 by the delineation methodology ratified in s. 373.4211. Any
1359 waters which are outside the general boundary line described in
1360 paragraph (a) but which are contiguous thereto by virtue of the
1361 presence of a wetland, watercourse, or other surface water, as
1362 determined by the delineation methodology ratified in s.
1363 373.4211, shall be a part of this waterbody water body. Any
1364 areas within the line described in paragraph (a) which are
1365 neither a wetland nor surface water, as determined by the
1366 delineation methodology ratified in s. 373.4211, shall be
1367 excluded therefrom. If the Florida Environmental Regulation
1368 Commission designates the waters within the boundaries an
1369 Outstanding Florida Water, waters outside the boundaries may
1370 shall not be included as part of such designation unless a
1371 hearing is held pursuant to notice in each appropriate county
1372 and the boundaries of such lands are specifically considered and
1373 described for such designation.
1374 (16)(14) “State water resource implementation rule” means
1375 the rule authorized by s. 373.036, which sets forth goals,
1376 objectives, and guidance for the development and review of
1377 programs, rules, and plans relating to water resources, based on
1378 statutory policies and directives. The waters of the state are
1379 among its most basic resources. Such waters should be managed to
1380 conserve and protect water resources and to realize the full
1381 beneficial use of these resources.
1382 (17)(15) “Stormwater management program” means the
1383 institutional strategy for stormwater management, including
1384 urban, agricultural, and other stormwater.
1385 (18)(16) “Stormwater management system” means a system
1386 which is designed and constructed or implemented to control
1387 discharges that which are necessitated by rainfall events,
1388 incorporating methods to collect, convey, store, absorb,
1389 inhibit, treat, use, or reuse water to prevent or reduce
1390 flooding, overdrainage, environmental degradation and water
1391 pollution or otherwise affect the quantity and quality of
1392 discharges from the system.
1393 (19)(17) “Stormwater utility” means the funding of a
1394 stormwater management program by assessing the cost of the
1395 program to the beneficiaries based on their relative
1396 contribution to its need. It is operated as a typical utility
1397 which bills services regularly, similar to water and wastewater
1398 services.
1399 (24)(18) “Watershed” means the land area that which
1400 contributes to the flow of water into a receiving body of water.
1401 (13)(19) “Regulated air pollutant” means any pollutant
1402 regulated under the federal Clean Air Act.
1403 (4)(20) “Electrical power plant” means, for purposes of
1404 this part of this chapter, any electrical generating facility
1405 that uses any process or fuel and that is owned or operated by
1406 an electric utility, as defined in s. 403.503(14), and includes
1407 any associated facility that directly supports the operation of
1408 the electrical power plant.
1409 (20)(21) “Total maximum daily load” is defined as the sum
1410 of the individual wasteload allocations for point sources and
1411 the load allocations for nonpoint sources and natural
1412 background. Prior to determining individual wasteload
1413 allocations and load allocations, the maximum amount of a
1414 pollutant that a waterbody water body or water segment can
1415 assimilate from all sources without exceeding water quality
1416 standards must first be calculated.
1417 Section 16. Paragraphs (a) and (e) of subsection (7) of
1418 section 403.067, Florida Statutes, are amended to read:
1419 403.067 Establishment and implementation of total maximum
1420 daily loads.—
1421 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1422 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1423 (a) Basin management action plans.—
1424 1. In developing and implementing the total maximum daily
1425 load for a waterbody water body, the department, or the
1426 department in conjunction with a water management district, may
1427 develop a basin management action plan that addresses some or
1428 all of the watersheds and basins tributary to the waterbody
1429 water body. Such plan must integrate the appropriate management
1430 strategies available to the state through existing water quality
1431 protection programs to achieve the total maximum daily loads and
1432 may provide for phased implementation of these management
1433 strategies to promote timely, cost-effective actions as provided
1434 for in s. 403.151. The plan must establish a schedule
1435 implementing the management strategies, establish a basis for
1436 evaluating the plan’s effectiveness, and identify feasible
1437 funding strategies for implementing the plan’s management
1438 strategies. The management strategies may include regional
1439 treatment systems or other public works, when appropriate, and
1440 voluntary trading of water quality credits to achieve the needed
1441 pollutant load reductions.
1442 2. A basin management action plan must equitably allocate,
1443 pursuant to paragraph (6)(b), pollutant reductions to individual
1444 basins, as a whole to all basins, or to each identified point
1445 source or category of nonpoint sources, as appropriate. For
1446 nonpoint sources for which best management practices have been
1447 adopted, the initial requirement specified by the plan must be
1448 those practices developed pursuant to paragraph (c). When
1449 appropriate, the plan may take into account the benefits of
1450 pollutant load reduction achieved by point or nonpoint sources
1451 that have implemented management strategies to reduce pollutant
1452 loads, including best management practices, before the
1453 development of the basin management action plan. The plan must
1454 also identify the mechanisms that will address potential future
1455 increases in pollutant loading.
1456 3. The basin management action planning process is intended
1457 to involve the broadest possible range of interested parties,
1458 with the objective of encouraging the greatest amount of
1459 cooperation and consensus possible. In developing a basin
1460 management action plan, the department shall assure that key
1461 stakeholders, including, but not limited to, applicable local
1462 governments, water management districts, the Department of
1463 Agriculture and Consumer Services, other appropriate state
1464 agencies, local soil and water conservation districts,
1465 environmental groups, regulated interests, and affected
1466 pollution sources, are invited to participate in the process.
1467 The department shall hold at least one public meeting in the
1468 vicinity of the watershed or basin to discuss and receive
1469 comments during the planning process and shall otherwise
1470 encourage public participation to the greatest practicable
1471 extent. Notice of the public meeting must be published in a
1472 newspaper of general circulation in each county in which the
1473 watershed or basin lies at least 5 days, but not more than 15
1474 days, before the public meeting. A basin management action plan
1475 does not supplant or otherwise alter any assessment made under
1476 subsection (3) or subsection (4) or any calculation or initial
1477 allocation.
1478 4. Each new or revised basin management action plan must
1479 shall include all of the following:
1480 a. The appropriate management strategies available through
1481 existing water quality protection programs to achieve total
1482 maximum daily loads, which may provide for phased implementation
1483 to promote timely, cost-effective actions as provided for in s.
1484 403.151.;
1485 b. A description of best management practices adopted by
1486 rule.;
1487 c. For the applicable 5-year implementation milestone, a
1488 list of projects that will achieve the pollutant load reductions
1489 needed to meet the total maximum daily load or the load
1490 allocations established pursuant to subsection (6). Each project
1491 must include a planning-level cost estimate and an estimated
1492 date of completion. A list of projects in priority ranking with
1493 a planning-level cost estimate and estimated date of completion
1494 for each listed project;
1495 d. A list of projects developed pursuant to paragraph (e),
1496 if applicable.
1497 e.d. The source and amount of financial assistance to be
1498 made available by the department, a water management district,
1499 or other entity for each listed project, if applicable.; and
1500 f.e. A planning-level estimate of each listed project’s
1501 expected load reduction, if applicable.
1502 5. The department shall adopt all or any part of a basin
1503 management action plan and any amendment to such plan by
1504 secretarial order pursuant to chapter 120 to implement this
1505 section.
1506 6. The basin management action plan must include 5-year
1507 milestones for implementation and water quality improvement, and
1508 an associated water quality monitoring component sufficient to
1509 evaluate whether reasonable progress in pollutant load
1510 reductions is being achieved over time. An assessment of
1511 progress toward these milestones shall be conducted every 5
1512 years, and revisions to the plan shall be made as appropriate.
1513 Any entity with a specific pollutant load reduction requirement
1514 established in a basin management action plan shall identify the
1515 projects or strategies that such entity will undertake to meet
1516 current 5-year pollution reduction milestones, beginning with
1517 the first 5-year milestone for new basin management action
1518 plans, and submit such projects to the department for inclusion
1519 in the appropriate basin management action plan. Each project
1520 identified must include an estimated amount of nutrient
1521 reduction that is reasonably expected to be achieved based on
1522 the best scientific information available. Revisions to the
1523 basin management action plan shall be made by the department in
1524 cooperation with basin stakeholders. Revisions to the management
1525 strategies required for nonpoint sources must follow the
1526 procedures in subparagraph (c)4. Revised basin management action
1527 plans must be adopted pursuant to subparagraph 5.
1528 7. In accordance with procedures adopted by rule under
1529 paragraph (9)(c), basin management action plans, and other
1530 pollution control programs under local, state, or federal
1531 authority as provided in subsection (4), may allow point or
1532 nonpoint sources that will achieve greater pollutant reductions
1533 than required by an adopted total maximum daily load or
1534 wasteload allocation to generate, register, and trade water
1535 quality credits for the excess reductions to enable other
1536 sources to achieve their allocation; however, the generation of
1537 water quality credits does not remove the obligation of a source
1538 or activity to meet applicable technology requirements or
1539 adopted best management practices. Such plans must allow trading
1540 between NPDES permittees, and trading that may or may not
1541 involve NPDES permittees, where the generation or use of the
1542 credits involve an entity or activity not subject to department
1543 water discharge permits whose owner voluntarily elects to obtain
1544 department authorization for the generation and sale of credits.
1545 8. The department’s rule relating to the equitable
1546 abatement of pollutants into surface waters does do not apply to
1547 waterbodies water bodies or waterbody water body segments for
1548 which a basin management plan that takes into account future new
1549 or expanded activities or discharges has been adopted under this
1550 section.
1551 9. In order to promote resilient wastewater utilities, if
1552 the department identifies domestic wastewater treatment
1553 facilities or onsite sewage treatment and disposal systems as
1554 contributors of at least 20 percent of point source or nonpoint
1555 source nutrient pollution or if the department determines
1556 remediation is necessary to achieve the total maximum daily
1557 load, a basin management action plan for a nutrient total
1558 maximum daily load must include the following:
1559 a. A wastewater treatment plan developed by each local
1560 government, in cooperation with the department, the water
1561 management district, and the public and private domestic
1562 wastewater treatment facilities within the jurisdiction of the
1563 local government, that addresses domestic wastewater. The
1564 wastewater treatment plan must:
1565 (I) Provide for construction, expansion, or upgrades
1566 necessary to achieve the total maximum daily load requirements
1567 applicable to the domestic wastewater treatment facility.
1568 (II) Include the permitted capacity in average annual
1569 gallons per day for the domestic wastewater treatment facility;
1570 the average nutrient concentration and the estimated average
1571 nutrient load of the domestic wastewater; a projected timeline
1572 of the dates by which the construction of any facility
1573 improvements will begin and be completed and the date by which
1574 operations of the improved facility will begin; the estimated
1575 cost of the improvements; and the identity of responsible
1576 parties.
1577
1578 The wastewater treatment plan must be adopted as part of the
1579 basin management action plan no later than July 1, 2025. A local
1580 government that does not have a domestic wastewater treatment
1581 facility in its jurisdiction is not required to develop a
1582 wastewater treatment plan unless there is a demonstrated need to
1583 establish a domestic wastewater treatment facility within its
1584 jurisdiction to improve water quality necessary to achieve a
1585 total maximum daily load. A local government is not responsible
1586 for a private domestic wastewater facility’s compliance with a
1587 basin management action plan unless such facility is operated
1588 through a public-private partnership to which the local
1589 government is a party.
1590 b. An onsite sewage treatment and disposal system
1591 remediation plan developed by each local government in
1592 cooperation with the department, the Department of Health, water
1593 management districts, and public and private domestic wastewater
1594 treatment facilities.
1595 (I) The onsite sewage treatment and disposal system
1596 remediation plan must identify cost-effective and financially
1597 feasible projects necessary to achieve the nutrient load
1598 reductions required for onsite sewage treatment and disposal
1599 systems. To identify cost-effective and financially feasible
1600 projects for remediation of onsite sewage treatment and disposal
1601 systems, the local government shall:
1602 (A) Include an inventory of onsite sewage treatment and
1603 disposal systems based on the best information available;
1604 (B) Identify onsite sewage treatment and disposal systems
1605 that would be eliminated through connection to existing or
1606 future central domestic wastewater infrastructure in the
1607 jurisdiction or domestic wastewater service area of the local
1608 government, that would be replaced with or upgraded to enhanced
1609 nutrient-reducing onsite sewage treatment and disposal systems,
1610 or that would remain on conventional onsite sewage treatment and
1611 disposal systems;
1612 (C) Estimate the costs of potential onsite sewage treatment
1613 and disposal system connections, upgrades, or replacements; and
1614 (D) Identify deadlines and interim milestones for the
1615 planning, design, and construction of projects.
1616 (II) The department shall adopt the onsite sewage treatment
1617 and disposal system remediation plan as part of the basin
1618 management action plan no later than July 1, 2025, or as
1619 required for Outstanding Florida Springs under s. 373.807.
1620 10. The installation of new onsite sewage treatment and
1621 disposal systems constructed within a basin management action
1622 plan area adopted under this section, a reasonable assurance
1623 plan, or a pollution reduction plan is prohibited where
1624 connection to a publicly owned or investor-owned sewerage system
1625 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1626 or less within a basin management action plan adopted under this
1627 section, a reasonable assurance plan, or a pollution reduction
1628 plan where a publicly owned or investor-owned sewerage system is
1629 not available, the installation of enhanced nutrient-reducing
1630 onsite sewage treatment and disposal systems or other wastewater
1631 treatment systems that achieve at least 65 percent nitrogen
1632 reduction is required.
1633 11.10. When identifying wastewater projects in a basin
1634 management action plan, the department may not require the
1635 higher cost option if it achieves the same nutrient load
1636 reduction as a lower cost option. A regulated entity may choose
1637 a different cost option if it complies with the pollutant
1638 reduction requirements of an adopted total maximum daily load
1639 and meets or exceeds the pollution reduction requirement of the
1640 original project.
1641 12. Annually, local governments subject to a basin
1642 management action plan or located within the basin of a
1643 waterbody not attaining nutrient or nutrient-related standards
1644 must provide to the department an update on the status of
1645 construction of sanitary sewers to serve such areas, in a manner
1646 prescribed by the department.
1647 (e) Cooperative agricultural regional water quality
1648 improvement element.—
1649 1. The department and, the Department of Agriculture and
1650 Consumer Services, in cooperation with and owners of
1651 agricultural operations in the basin, shall develop a
1652 cooperative agricultural regional water quality improvement
1653 element as part of a basin management action plan where only if:
1654 a. Agricultural measures have been adopted by the
1655 Department of Agriculture and Consumer Services pursuant to
1656 subparagraph (c)2. and have been implemented and the water body
1657 remains impaired;
1658 b. Agricultural nonpoint sources contribute to at least 20
1659 percent of nonpoint source nutrient discharges; or and
1660 b.c. The department determines that additional measures, in
1661 combination with state-sponsored regional projects and other
1662 management strategies included in the basin management action
1663 plan, are necessary to achieve the total maximum daily load.
1664 2. The element will be implemented through the use of cost
1665 effective and technically and financially practical cooperative
1666 regional agricultural nutrient reduction cost-sharing projects
1667 and. The element must include a list of such projects submitted
1668 to the department by the Department of Agriculture and Consumer
1669 Services which, in combination with the best management
1670 practices, additional measures, and other management strategies,
1671 will achieve the needed pollutant load reductions established
1672 for agricultural nonpoint sources cost-effective and technically
1673 and financially practical cooperative regional agricultural
1674 nutrient reduction projects that can be implemented on private
1675 properties on a site-specific, cooperative basis. Such
1676 cooperative regional agricultural nutrient reduction projects
1677 may include, but are not limited to, land acquisition in fee or
1678 conservation easements on the lands of willing sellers and site
1679 specific water quality improvement or dispersed water management
1680 projects. The list of regional projects included in the
1681 cooperative agricultural regional water quality improvement
1682 element must include a planning-level cost estimate of each
1683 project along with the estimated amount of nutrient reduction
1684 that such project will achieve on the lands of project
1685 participants.
1686 3. To qualify for participation in the cooperative
1687 agricultural regional water quality improvement element, the
1688 participant must have already implemented and be in compliance
1689 with best management practices or other measures adopted by the
1690 Department of Agriculture and Consumer Services pursuant to
1691 subparagraph (c)2. The element must may be included in the basin
1692 management action plan as a part of the next 5-year assessment
1693 under subparagraph (a)6.
1694 4. The department or the Department of Agriculture and
1695 Consumer Services may submit a legislative budget request to
1696 fund projects developed pursuant to this paragraph. In
1697 allocating funds for projects funded pursuant to this paragraph,
1698 the department shall provide at least 20 percent of its annual
1699 appropriation for projects in subbasins with the highest
1700 nutrient concentrations within a basin management action plan.
1701 Projects submitted pursuant to this paragraph are eligible for
1702 funding in accordance with s. 403.0673.
1703 Section 17. Section 403.0673, Florida Statutes, is amended
1704 to read:
1705 403.0673 Water quality improvement Wastewater grant
1706 program.—A wastewater grant program is established within the
1707 Department of Environmental Protection to address wastewater,
1708 stormwater, and agricultural sources of nutrient loading to
1709 surface water or groundwater.
1710 (1) The purpose of the grant program is to fund projects
1711 that will improve the quality of waters that:
1712 (a) Are not attaining nutrient or nutrient-related
1713 standards;
1714 (b) Have an established total maximum daily load; or
1715 (c) Are located Subject to the appropriation of funds by
1716 the Legislature, the department may provide grants for the
1717 following projects within a basin management action plan area, a
1718 reasonable assurance plan area an alternative restoration plan
1719 adopted by final order, an accepted alternative restoration plan
1720 area, or a rural area of opportunity under s. 288.0656.
1721 (2) The department may provide grants for all of the
1722 following types of projects that reduce the amount of nutrients
1723 entering a waterbody identified in subsection (1):
1724 (a) Connecting onsite sewage treatment and disposal systems
1725 to central sewer facilities.
1726 (b) Upgrading domestic wastewater treatment facilities to
1727 advanced waste treatment or greater.
1728 (c) Repairing, upgrading, expanding, or constructing
1729 stormwater treatment facilities that result in improvements to
1730 surface water or groundwater quality.
1731 (d) Repairing, upgrading, expanding, or constructing
1732 domestic wastewater treatment facilities that result in
1733 improvements to surface water or groundwater quality, including
1734 domestic wastewater reuse and collection systems.
1735 (e) Projects identified pursuant to s. 403.067(7)(a) or
1736 (7)(e).
1737 (f) Projects identified in a wastewater treatment plan or
1738 an onsite sewage treatment and disposal system remediation plan
1739 developed pursuant to s. 403.067(7)(a)9.a. and b.
1740 (g) Projects listed in a city or county capital improvement
1741 element pursuant to s. 163.3177(3)(a)4.b.
1742 (h) Retrofitting onsite sewage treatment and disposal
1743 systems to upgrade such systems to enhanced nutrient-reducing
1744 onsite sewage treatment and disposal systems where central
1745 sewerage is unavailable which will individually or collectively
1746 reduce excess nutrient pollution:
1747 (a) Projects to retrofit onsite sewage treatment and
1748 disposal systems to upgrade such systems to enhanced nutrient
1749 reducing onsite sewage treatment and disposal systems.
1750 (b) Projects to construct, upgrade, or expand facilities to
1751 provide advanced waste treatment, as defined in s. 403.086(4).
1752 (c) Projects to connect onsite sewage treatment and
1753 disposal systems to central sewer facilities.
1754 (3)(2) In allocating such funds, priority must be given to
1755 projects that subsidize the connection of onsite sewage
1756 treatment and disposal systems to wastewater treatment
1757 facilities. First priority must be given to subsidize the
1758 connection of onsite sewage treatment and disposal systems to
1759 existing infrastructure. Second priority must be given to any
1760 expansion of a collection or transmission system that promotes
1761 efficiency by planning the installation of wastewater
1762 transmission facilities to be constructed concurrently with
1763 other construction projects occurring within or along a
1764 transportation facility right-of-way. Third priority must be
1765 given to all other connections of onsite sewage treatment and
1766 disposal systems to wastewater treatment facilities. The
1767 department shall consider and prioritize those projects that:
1768 (a) Have the maximum estimated reduction in nutrient load
1769 per project;
1770 (b) Demonstrate project readiness;
1771 (c) Are cost-effective;
1772 (d) Have a cost share identified by the applicant, except
1773 for rural areas of opportunity;
1774 (e) Have previous state commitment and involvement in the
1775 project, considering previously funded phases, the total amount
1776 of previous state funding, and previous partial appropriations
1777 for the proposed project; or
1778 (f) Are in a the cost-effectiveness of the project; the
1779 overall environmental benefit of a project; the location where
1780 reductions are needed most to attain the water quality standards
1781 of a waterbody not attaining nutrient or nutrient-related
1782 standards.
1783
1784 Any project that does not result in reducing nutrient loading to
1785 a waterbody identified in subsection (1) is not eligible for
1786 funding under this section of a project; the availability of
1787 local matching funds; and projected water savings or quantity
1788 improvements associated with a project.
1789 (3) Each grant for a project described in subsection (1)
1790 must require a minimum of a 50-percent local match of funds.
1791 However, the department may, at its discretion, waive, in whole
1792 or in part, this consideration of the local contribution for
1793 proposed projects within an area designated as a rural area of
1794 opportunity under s. 288.0656.
1795 (4) The department shall coordinate annually with each
1796 water management district, as necessary, to identify potential
1797 projects grant recipients in each district.
1798 (5) The department shall coordinate with local governments
1799 and stakeholders to identify the most effective and beneficial
1800 water quality improvement projects.
1801 (6) The department shall coordinate with the Department of
1802 Agriculture and Consumer Services to prioritize the most
1803 effective and beneficial agricultural nonpoint source projects
1804 identified pursuant to s. 403.067(7)(e).
1805 (7) Beginning January 15, 2024 1, 2021, and each January 15
1806 1 thereafter, the department shall submit a report regarding the
1807 projects funded pursuant to this section to the Governor, the
1808 President of the Senate, and the Speaker of the House of
1809 Representatives. The report must include a list of those
1810 projects receiving funding and the following information for
1811 each project:
1812 (a) A description of the project;
1813 (b) The cost of the project;
1814 (c) The estimated nutrient load reduction of the project;
1815 (d) The location of the project;
1816 (e) The waterbody or waterbodies where the project will
1817 reduce nutrients; and
1818 (f) The total cost share being provided for the project.
1819 Section 18. Paragraph (c) of subsection (1) of section
1820 403.086, Florida Statutes, is amended to read:
1821 403.086 Sewage disposal facilities; advanced and secondary
1822 waste treatment.—
1823 (1)
1824 (c)1. Notwithstanding this chapter or chapter 373, sewage
1825 disposal facilities may not dispose of any wastes into the
1826 following waters without providing advanced waste treatment, as
1827 defined in subsection (4), as approved by the department or a
1828 more stringent treatment standard if the department determines
1829 the more stringent standard is necessary to achieve the total
1830 maximum daily load or applicable water quality criteria:
1831 a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega
1832 Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
1833 Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay,
1834 Biscayne Bay, or any river, stream, channel, canal, bay, bayou,
1835 sound, or other water tributary thereto.,
1836 b. Beginning July 1, 2025, Indian River Lagoon, or into any
1837 river, stream, channel, canal, bay, bayou, sound, or other water
1838 tributary thereto.
1839 c. By January 1, 2033, waterbodies that are currently not
1840 attaining nutrient or nutrient-related standards or that are
1841 subject to a nutrient or nutrient-related basin management
1842 action plan adopted pursuant to s. 403.067 or adopted reasonable
1843 assurance plan.
1844 2. For any waterbody determined not to be attaining
1845 nutrient or nutrient-related standards after July 1, 2023, or
1846 subject to a nutrient or nutrient-related basin management
1847 action plan adopted pursuant to s. 403.067 or adopted reasonable
1848 assurance plan after July 1, 2023, sewage disposal facilities
1849 are prohibited from disposing any wastes into such waters
1850 without providing advanced waste treatment, as defined in
1851 subsection (4), as approved by the department within 10 years
1852 after such determination or adoption, without providing advanced
1853 waste treatment, as defined in subsection (4), approved by the
1854 department. This paragraph does not apply to facilities which
1855 were permitted by February 1, 1987, and which discharge
1856 secondary treated effluent, followed by water hyacinth
1857 treatment, to tributaries of tributaries of the named waters; or
1858 to facilities permitted to discharge to the nontidally
1859 influenced portions of the Peace River.
1860 Section 19. Subsection (10) of section 570.71, Florida
1861 Statutes, is amended, and subsection (14) is added to that
1862 section, to read:
1863 570.71 Conservation easements and agreements.—
1864 (10) The department, in consultation with the Department of
1865 Environmental Protection, the water management districts, the
1866 Department of Economic Opportunity, and the Florida Fish and
1867 Wildlife Conservation Commission, shall adopt rules that
1868 establish an application process;, a process and criteria for
1869 setting priorities for use of funds consistent with the purposes
1870 specified in subsection (1) and giving preference to ranch and
1871 timber lands managed using sustainable practices, lands in
1872 imminent danger of development or degradation, or lands within
1873 the Florida wildlife corridor as defined in s. 259.1055(4); an
1874 appraisal process;, and a process for title review and
1875 compliance and approval of the rules by the Board of Trustees of
1876 the Internal Improvement Trust Fund.
1877 (14) Notwithstanding any other law or rule, the department
1878 shall submit a purchase agreement authorized by this section to
1879 the Board of Trustees of the Internal Improvement Trust Fund for
1880 approval only if the purchase price exceeds $5 million.
1881 Section 20. Paragraph (b) of subsection (1) and subsection
1882 (5) of section 570.715, Florida Statutes, are amended to read:
1883 570.715 Conservation easement acquisition procedures.—
1884 (1) For less than fee simple acquisitions pursuant to s.
1885 570.71, the Department of Agriculture and Consumer Services
1886 shall comply with the following acquisition procedures:
1887 (b) Before approval by the board of trustees of an
1888 agreement to purchase less than fee simple title to land
1889 pursuant to s. 570.71, an appraisal of the parcel shall be
1890 required as follows:
1891 1. Each parcel to be acquired shall have at least one
1892 appraisal. Two appraisals are required when the estimated value
1893 of the parcel exceeds $5 $1 million. However, when both
1894 appraisals exceed $5 $1 million and differ significantly, a
1895 third appraisal may be obtained.
1896 2. Appraisal fees and associated costs shall be paid by the
1897 department. All appraisals used for the acquisition of less than
1898 fee simple interest in lands pursuant to this section shall be
1899 prepared by a state-certified appraiser who meets the standards
1900 and criteria established by rule of the board of trustees. Each
1901 appraiser selected to appraise a particular parcel shall, before
1902 contracting with the department or a participant in a multiparty
1903 agreement, submit to the department or participant an affidavit
1904 substantiating that he or she has no vested or fiduciary
1905 interest in such parcel.
1906 (5) Appraisal reports are confidential and exempt from s.
1907 119.07(1), for use by the department and the board of trustees,
1908 until an option contract is executed or, if an option contract
1909 is not executed, until 2 weeks before a contract or agreement
1910 for purchase is considered for approval by the board of
1911 trustees. However, the department shall has the authority, at
1912 its discretion, to disclose appraisal reports to private
1913 landowners or their representatives during negotiations for
1914 acquisitions using alternatives to fee simple techniques, if the
1915 department determines that disclosure of such reports will bring
1916 the proposed acquisition to closure. The department may also
1917 disclose appraisal information to public agencies or nonprofit
1918 organizations that agree to maintain the confidentiality of the
1919 reports or information when joint acquisition of property is
1920 contemplated, or when a public agency or nonprofit organization
1921 enters into a written multiparty agreement with the department.
1922 For purposes of this subsection, the term “nonprofit
1923 organization” means an organization whose purposes include the
1924 preservation of natural resources, and which is exempt from
1925 federal income tax under s. 501(c)(3) of the Internal Revenue
1926 Code. The department may release an appraisal report when the
1927 passage of time has rendered the conclusions of value in the
1928 report invalid or when the department has terminated
1929 negotiations.
1930
1931 ================= T I T L E A M E N D M E N T ================
1932 And the title is amended as follows:
1933 Delete lines 2 - 94
1934 and insert:
1935 An act relating to environmental protection; creating
1936 s. 120.5436, F.S.; providing legislative intent;
1937 requiring the Department of Environmental Protection
1938 and water management districts to conduct a holistic
1939 review of certain permitting processes and programs;
1940 requiring the department to consult with the
1941 Department of Transportation in conducting its review;
1942 providing the scope and purpose of the review;
1943 providing the factors the department and water
1944 management districts must consider when conducting the
1945 review; requiring the department and water management
1946 districts to submit a specified report to the Governor
1947 and Legislature by a specified date; amending s.
1948 163.3177, F.S.; revising the required components of a
1949 local government comprehensive plan capital
1950 improvements element and general sanitary sewer, solid
1951 waste, drainage, potable water, and natural
1952 groundwater aquifer recharge element; making technical
1953 changes; requiring the update of comprehensive plans
1954 by a specified date; providing applicability; amending
1955 s. 253.025, F.S.; increasing the estimated value
1956 threshold of land acquisition agreements that are
1957 required to be submitted to and approved by the Board
1958 of Trustees of the Internal Improvement Trust Fund;
1959 removing the requirement that agreements to acquire
1960 initial lands for Florida Forever projects be
1961 submitted to and approved by the board of trustees;
1962 increasing the estimated value threshold for the
1963 appraisal of certain land acquisitions; requiring,
1964 rather than authorizing, the Department of
1965 Environmental Protection to disclose appraisal reports
1966 to private landowners or their representatives during
1967 negotiations for certain land acquisitions; removing a
1968 provision requiring private landowners to maintain
1969 confidentiality of such reports; providing
1970 requirements for the assessment of property values;
1971 amending s. 259.032, F.S.; authorizing the board to
1972 acquire interests in lands that complete certain
1973 linkages within the Florida wildlife corridor;
1974 conforming a provision to changes made by the act;
1975 making technical changes; amending s. 259.105, F.S.;
1976 requiring the Department of Agriculture and Consumer
1977 Services to submit an updated priority list for the
1978 acquisition of certain agricultural lands to the
1979 Acquisition and Restoration Council by a specified
1980 date; providing construction; conforming cross
1981 references; deleting an obsolete provision; requiring
1982 the council to give increased priority to specified
1983 projects; creating s. 373.469, F.S.; providing
1984 legislative findings and intent; defining terms;
1985 providing the components of the Indian River Lagoon
1986 Protection Program; requiring the Department of
1987 Environmental Protection to evaluate and update the
1988 basin management action plans within the program at
1989 specified intervals; requiring the department, in
1990 coordination with specified entities, to identify and
1991 prioritize strategies and projects to achieve certain
1992 water quality standards and total maximum daily loads;
1993 requiring the department, in coordination with
1994 specified entities, to implement the Indian River
1995 Lagoon Watershed Research and Water Quality Monitoring
1996 Program for specified purposes; prohibiting the
1997 installation of new onsite sewage treatment and
1998 disposal systems beginning on a specified date under
1999 certain circumstances; requiring that commercial or
2000 residential properties with existing onsite sewage
2001 treatment and disposal systems be connected to central
2002 sewer or be upgraded to a certain system by a
2003 specified date; providing construction; authorizing
2004 the department and the governing boards of the St.
2005 Johns River Water Management District and the South
2006 Florida Water Management District to adopt rules;
2007 amending s. 373.501, F.S.; requiring, rather than
2008 authorizing, the department to transfer appropriated
2009 funds to the water management districts for specified
2010 purposes; requiring the districts to annually report
2011 to the department on the use of such funds; amending
2012 s. 373.802, F.S.; defining the term “enhanced
2013 nutrient-reducing onsite sewage treatment and disposal
2014 system”; amending s. 373.807, F.S.; conforming a
2015 cross-reference; revising requirements for onsite
2016 sewage treatment and disposal system remediation plans
2017 for springs; amending s. 373.811, F.S.; prohibiting
2018 new onsite sewage treatment and disposal systems
2019 within basin management action plans in effect for
2020 Outstanding Florida Springs under certain
2021 circumstances; authorizing the installation of
2022 enhanced or alternative systems for certain lots;
2023 amending s. 375.041, F.S.; requiring an annual
2024 appropriation from the Land Acquisition Trust Fund to
2025 the department for the acquisition of specified lands;
2026 deleting an obsolete provision; amending s. 381.0065,
2027 F.S.; defining the term “enhanced nutrient-reducing
2028 onsite sewage treatment and disposal system”; amending
2029 s. 381.00652, F.S.; requiring the onsite sewage
2030 treatment and disposal systems technical advisory
2031 committee to submit annual recommendations to the
2032 Governor and the Legislature; removing the scheduled
2033 expiration of the committee; amending s. 381.00655,
2034 F.S.; encouraging local governmental agencies that
2035 receive funding for connecting onsite sewage treatment
2036 and disposal systems to central sewer facilities to
2037 provide notice of the funding availability to certain
2038 owners of onsite sewage treatment and disposal systems
2039 and to maintain a website with certain information
2040 regarding the funding; reordering and amending s.
2041 403.031, F.S.; defining and revising terms; amending
2042 s. 403.067, F.S.; revising requirements for new or
2043 revised basin management action plans; requiring that
2044 basin management action plans include 5-year
2045 milestones for implementation; requiring certain
2046 entities to identify projects or strategies to meet
2047 such milestones; prohibiting the installation of new
2048 onsite sewage treatment and disposal systems within
2049 specified areas under certain circumstances; requiring
2050 the installation of enhanced or alternative systems
2051 for certain lots; revising requirements for a basin
2052 management action plan’s cooperative agricultural
2053 regional water quality improvement element; amending
2054 s. 403.0673, F.S.; renaming the wastewater grant
2055 program as the water quality improvement grant
2056 program; revising the purposes of the grant program;
2057 specifying the projects for which the department may
2058 provide grants under the program; requiring the
2059 department to prioritize certain projects; requiring
2060 the department to coordinate with each water
2061 management district to annually identify projects;
2062 requiring the department to coordinate with specified
2063 entities to identify projects; revising reporting
2064 requirements; amending s. 403.086, F.S.; revising the
2065 waters that sewage disposal facilities are prohibited
2066 from disposing wastes into; amending s. 570.71, F.S.;
2067 requiring the Department of Agriculture and Consumer
2068 Services, in consultation with the Department of
2069 Environmental Protection, the water management
2070 districts, the Department of Economic Opportunity, and
2071 the Florida Fish and Wildlife Conservation Commission,
2072 to adopt rules giving funding priority and preference
2073 to specified lands; requiring the Department of
2074 Agriculture and Consumer Services to submit certain
2075 purchase agreements to the Board of Trustees of the
2076 Internal Improvement Trust Fund for approval; amending
2077 s. 570.715, F.S.; increasing the estimated value
2078 threshold for the appraisal of specified conservation
2079 easement acquisitions; requiring, rather than
2080 authorizing, the Department of Agriculture and
2081 Consumer Services to disclose appraisal reports to
2082 private landowners or their representatives during
2083 negotiations for certain land acquisitions; amending
2084 ss. 201.15,