Florida Senate - 2024                      CS for CS for SB 1386
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Agriculture, Environment, and General Government; and Senator
       Calatayud
       
       
       
       594-03675-24                                          20241386c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Environmental
    3         Protection; amending s. 253.04, F.S.; revising the
    4         aquatic preserves within which a person may not
    5         operate a vessel outside a lawfully marked channel
    6         under certain circumstances; amending s. 258.39, F.S.;
    7         declaring the Kristin Jacobs Coral Reef Ecosystem
    8         Conservation Area an aquatic preserve area; amending
    9         s. 373.250, F.S.; requiring each water management
   10         district, in coordination with the department, to
   11         develop rules that promote the use of reclaimed water
   12         and encourage quantifiable potable water offsets;
   13         providing requirements for such rules; providing
   14         construction; amending s. 380.093, F.S.; defining the
   15         term “Florida Flood Hub”; revising the definition of
   16         the term “preconstruction activities”; revising the
   17         purposes for which counties and municipalities may use
   18         Resilient Florida Grant Program funds; revising
   19         vulnerability assessment requirements; revising
   20         requirements for the development and maintenance of
   21         the comprehensive statewide flood vulnerability and
   22         sea level rise data set and assessment; requiring the
   23         department to coordinate with the Chief Resilience
   24         Officer and the Florida Flood Hub to update the data
   25         set and assessment at specified intervals; revising
   26         requirements for the Statewide Flooding and Sea Level
   27         Rise Resilience Plan; revising the purposes of the
   28         funding for regional resilience entities; making
   29         technical changes; amending s. 381.0061, F.S.;
   30         revising the violations for which the department may
   31         impose a specified fine; providing legislative intent
   32         regarding a phased transfer of the Department of
   33         Health’s Onsite Sewage Program to the Department of
   34         Environmental Protection; requiring the Department of
   35         Environmental Protection to coordinate with the
   36         Department of Health regarding the identification and
   37         transfer of certain equipment and vehicles under
   38         certain circumstances; prohibiting the Department of
   39         Health from implementing or collecting fees for the
   40         program when the Department of Environmental
   41         Protection begins implementing the program; providing
   42         exceptions; amending s. 381.0065, F.S.; requiring the
   43         Department of Environmental Protection to conduct
   44         enforcement activities for violations of certain
   45         onsite sewage treatment and disposal system
   46         regulations in accordance with specified provisions;
   47         specifying the department’s authority with respect to
   48         specific provisions; requiring the department to adopt
   49         rules for a program for general permits for certain
   50         projects; providing requirements for such rules;
   51         revising department enforcement provisions; deleting
   52         certain criminal penalties; requiring the damages,
   53         costs, or penalties collected to be deposited into the
   54         Water Quality Assurance Trust Fund rather than the
   55         relevant county health department trust fund;
   56         requiring the department to establish an enhanced
   57         nutrient-reducing onsite sewage treatment and disposal
   58         system approval program; authorizing the department to
   59         contract with or delegate certain powers and duties to
   60         a county; amending s. 381.0066, F.S.; requiring
   61         certain fees to be deposited into the Florida Permit
   62         Fee Trust Fund after a specified timeframe; amending
   63         s. 403.061, F.S.; requiring counties to make certain
   64         services and facilities available upon the direction
   65         of the department; amending s. 403.064, F.S.; revising
   66         legislative findings; revising the domestic wastewater
   67         treatment facilities required to submit a reuse
   68         feasibility study as part of a permit application;
   69         revising the contents of a required reuse feasibility
   70         study; revising the domestic wastewater facilities
   71         required to implement reuse under certain
   72         circumstances; revising applicability; revising
   73         construction; amending s. 403.067, F.S.; requiring
   74         certain facilities and systems to include a domestic
   75         wastewater treatment plan as part of a basin
   76         management action plan for nutrient total maximum
   77         daily loads; amending s. 403.0673, F.S.; revising the
   78         information to be included in the water quality
   79         improvement grant program annual report; requiring the
   80         department to include specified information on a user
   81         friendly website or dashboard by a specified date;
   82         providing requirements for the website or dashboard;
   83         amending s. 403.086, F.S.; requiring wastewater
   84         treatment facilities within a basin management action
   85         plan or reasonable assurance plan area which provide
   86         reclaimed water for specified purposes to meet
   87         advanced waste treatment or a more stringent treatment
   88         standard under certain circumstances; providing
   89         applicability; amending s. 403.121, F.S.; revising
   90         department enforcement provisions; revising
   91         administrative penalty calculations for failure to
   92         obtain certain required permits and for certain
   93         violations; amending s. 403.0671, F.S.; conforming
   94         provisions to changes made by the act; amending ss.
   95         403.9301 and 403.9302, F.S.; requiring the Office of
   96         Economic and Demographic Research to provide a
   97         specified publicly accessible data visualization tool
   98         on its website; reenacting s. 327.73(1)(x), F.S.,
   99         relating to noncriminal infractions, to incorporate
  100         the amendment made to s. 253.04, F.S., in a reference
  101         thereto; reenacting ss. 381.0072(4)(a) and (6)(a),
  102         381.0086(4), 381.0098(7), and 513.10(2), F.S.,
  103         relating to food service protection, penalties,
  104         biomedical waste, and operating without a permit,
  105         respectively, to incorporate the amendment made to s.
  106         381.0061, F.S., in references thereto; providing an
  107         effective date.
  108          
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Paragraph (a) of subsection (3) of section
  112  253.04, Florida Statutes, is amended to read:
  113         253.04 Duty of board to protect, etc., state lands; state
  114  may join in any action brought.—
  115         (3)(a) The duty to conserve and improve state-owned lands
  116  and the products thereof includes shall include the preservation
  117  and regeneration of seagrass, which is deemed essential to the
  118  oceans, gulfs, estuaries, and shorelines of the state. A person
  119  operating a vessel outside a lawfully marked channel in a
  120  careless manner that causes seagrass scarring within an aquatic
  121  preserve established in ss. 258.39-258.3991 ss. 258.39-258.399,
  122  with the exception of the Lake Jackson, Oklawaha River, Wekiva
  123  River, and Rainbow Springs aquatic preserves, commits a
  124  noncriminal infraction, punishable as provided in s. 327.73.
  125  Each violation is a separate offense. As used in this
  126  subsection, the term:
  127         1. “Seagrass” means Cuban shoal grass (Halodule wrightii),
  128  turtle grass (Thalassia testudinum), manatee grass (Syringodium
  129  filiforme), star grass (Halophila engelmannii), paddle grass
  130  (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii),
  131  or widgeon grass (Ruppia maritima).
  132         2. “Seagrass scarring” means destruction of seagrass roots,
  133  shoots, or stems that results in tracks on the substrate
  134  commonly referred to as prop scars or propeller scars caused by
  135  the operation of a motorized vessel in waters supporting
  136  seagrasses.
  137         Section 2. Subsection (33) is added to section 258.39,
  138  Florida Statutes, to read:
  139         258.39 Boundaries of preserves.—The submerged lands
  140  included within the boundaries of Nassau, Duval, St. Johns,
  141  Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
  142  Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee,
  143  Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
  144  Hernando, and Escambia Counties, as hereinafter described, with
  145  the exception of privately held submerged lands lying landward
  146  of established bulkheads and of privately held submerged lands
  147  within Monroe County where the establishment of bulkhead lines
  148  is not required, are hereby declared to be aquatic preserves.
  149  Such aquatic preserve areas include:
  150         (33)Kristin Jacobs Coral Reef Ecosystem Conservation Area,
  151  as designated by chapter 2021-107, Laws of Florida, the
  152  boundaries of which consist of the sovereignty submerged lands
  153  and waters of the state offshore of Broward, Martin, Miami-Dade,
  154  and Palm Beach Counties from the St. Lucie Inlet to the northern
  155  boundary of the Biscayne National Park.
  156  
  157  Any and all submerged lands theretofore conveyed by the Trustees
  158  of the Internal Improvement Trust Fund and any and all uplands
  159  now in private ownership are specifically exempted from this
  160  dedication.
  161         Section 3. Subsection (9) is added to section 373.250,
  162  Florida Statutes, to read:
  163         373.250 Reuse of reclaimed water.—
  164         (9) To promote the use of reclaimed water and encourage
  165  quantifiable potable water offsets that produce significant
  166  water savings beyond those required in a consumptive use permit,
  167  each water management district, in coordination with the
  168  department, shall develop rules by December 31, 2025, which
  169  provide all of the following:
  170         (a)If an applicant proposes a water supply development or
  171  water resource development project using reclaimed water that
  172  meets the advanced waste treatment standards for total nitrogen
  173  and total phosphorous as defined in s. 403.086(4)(a), as part of
  174  an application for consumptive use, the applicant is eligible
  175  for a permit duration of up to 30 years if there is sufficient
  176  data to provide reasonable assurance that the conditions for
  177  permit issuance will be met for the duration of the permit.
  178  Rules developed pursuant to this paragraph must include, at a
  179  minimum:
  180         1.A requirement that the permittee demonstrate how
  181  quantifiable groundwater or surface water savings associated
  182  with the new water supply development or water resource
  183  development project either meets water demands beyond a 20-year
  184  permit duration or is completed for the purpose of meeting the
  185  requirements of an adopted recovery or prevention strategy; and
  186         2.Guidelines for a district to follow in determining the
  187  permit duration based on the project’s implementation.
  188  
  189  This paragraph does not limit the existing authority of a water
  190  management district to issue a shorter duration permit to
  191  protect from harm the water resources or ecology of the area, or
  192  to otherwise ensure compliance with the conditions for permit
  193  issuance.
  194         (b)Authorization for a consumptive use permittee to seek a
  195  permit extension of up to 10 years if the permittee proposes a
  196  water supply development or water resource development project
  197  using reclaimed water that meets the advanced waste treatment
  198  standards for total nitrogen and total phosphorous as defined in
  199  s. 403.086(4)(a) during the term of its permit which results in
  200  the reduction of groundwater or surface water withdrawals or is
  201  completed to benefit a waterbody with a minimum flow or minimum
  202  water level with a recovery or prevention strategy. Rules
  203  associated with this paragraph must include, at a minimum:
  204         1.A requirement that the permittee be in compliance with
  205  the permittee’s consumptive use permit;
  206         2.A requirement that the permittee demonstrate how the
  207  quantifiable groundwater or surface water savings associated
  208  with the new water supply development or water resource
  209  development project either meets water demands beyond the issued
  210  permit duration or is completed for the purpose of meeting the
  211  requirements of an adopted recovery or prevention strategy;
  212         3.A requirement that the permittee demonstrate a water
  213  demand for the permit’s allocation through the term of the
  214  extension; and
  215         4.Guidelines for a district to follow in determining the
  216  number of years extended, including a minimum year requirement,
  217  based on the project implementation.
  218  
  219  This paragraph does not limit the existing authority of a water
  220  management district to protect from harm the water resources or
  221  ecology of the area, or to otherwise ensure compliance with the
  222  conditions for permit issuance.
  223         Section 4. Present paragraphs (c) and (d) of subsection (2)
  224  of section 380.093, Florida Statutes, are redesignated as
  225  paragraphs (d) and (e), respectively, a new paragraph (c) is
  226  added to that subsection, and present paragraph (c) of
  227  subsection (2), paragraphs (b), (c), and (d) of subsection (3),
  228  and subsections (4), (5), and (6) of that section are amended,
  229  to read:
  230         380.093 Resilient Florida Grant Program; comprehensive
  231  statewide flood vulnerability and sea level rise data set and
  232  assessment; Statewide Flooding and Sea Level Rise Resilience
  233  Plan; regional resilience entities.—
  234         (2) DEFINITIONS.—As used in this section, the term:
  235         (c)“Florida Flood Hub” means the Florida Flood Hub for
  236  Applied Research and Innovation established pursuant to s.
  237  380.0933.
  238         (d)(c) “Preconstruction activities” means activities
  239  associated with a project that addresses the risks of flooding
  240  and sea level rise that occur before construction begins,
  241  including, but not limited to, design of the project, permitting
  242  for the project, surveys and data collection, site development,
  243  solicitation, public hearings, local code or comprehensive plan
  244  amendments, establishing local funding sources, and easement
  245  acquisition.
  246         (3) RESILIENT FLORIDA GRANT PROGRAM.—
  247         (b) Subject to appropriation, the department may provide
  248  grants to each of the following entities:
  249         1. A county or municipality to fund:
  250         a. The costs of community resilience planning and necessary
  251  data collection for such planning, including comprehensive plan
  252  amendments and necessary corresponding analyses that address the
  253  requirements of s. 163.3178(2)(f).
  254         b. Vulnerability assessments that identify or address risks
  255  of inland or coastal flooding and sea level rise.
  256         c. Updates to the county’s or municipality’s inventory of
  257  critical assets, including regionally significant assets that
  258  are currently or reasonably expected to be impacted by flooding
  259  and sea level rise. The updated inventory must be submitted to
  260  the department and, at the time of submission, must reflect all
  261  such assets that are currently, or within 50 years may
  262  reasonably be expected to be, impacted by flooding and sea level
  263  rise.
  264         d. The development of projects, plans, strategies, and
  265  policies that enhance community preparations allow communities
  266  to prepare for threats from flooding and sea level rise,
  267  including adaptation plans that help local governments
  268  prioritize project development and implementation across one or
  269  more jurisdictions in a manner consistent with departmental
  270  guidance.
  271         e.d. Preconstruction activities for projects to be
  272  submitted for inclusion in the Statewide Flooding and Sea Level
  273  Rise Resilience Plan. Only communities eligible for a reduced
  274  cost share as defined in paragraph (5)(e) are eligible for such
  275  preconstruction activities that are located in a municipality
  276  that has a population of 10,000 or fewer or a county that has a
  277  population of 50,000 or fewer, according to the most recent
  278  April 1 population estimates posted on the Office of Economic
  279  and Demographic Research’s website.
  280         f.e. Feasibility studies and the cost of permitting for
  281  nature-based solutions that reduce the impact of flooding and
  282  sea level rise.
  283         g.The cost of permitting for projects designed to achieve
  284  reductions in the risks or impacts of flooding and sea level
  285  rise using nature-based solutions.
  286         2. A water management district identified in s. 373.069 to
  287  support local government adaptation planning, which may be
  288  conducted by the water management district or by a third party
  289  on behalf of the water management district. Such grants must be
  290  used for the express purpose of supporting the Florida Flood Hub
  291  for Applied Research and Innovation and the department in
  292  implementing this section through data creation and collection,
  293  modeling, and the implementation of statewide standards.
  294  Priority must be given to filling critical data gaps identified
  295  by the Florida Flood Hub for Applied Research and Innovation
  296  under s. 380.0933(2)(a).
  297         (c) A vulnerability assessment conducted pursuant to
  298  paragraph (b) must encompass the entire county or municipality;
  299  include all critical assets owned or maintained by the grant
  300  applicant; and use the most recent publicly available Digital
  301  Elevation Model and generally accepted analysis and modeling
  302  techniques. An assessment may encompass a smaller geographic
  303  area or include only a portion of the critical assets owned or
  304  maintained by the grant applicant with appropriate rationale and
  305  upon approval by the department. Locally collected elevation
  306  data may also be included as part of the assessment as long as
  307  it is submitted to the department pursuant to this paragraph.
  308         1. The assessment must include an analysis of the
  309  vulnerability of and risks to critical assets, including
  310  regionally significant assets, owned or managed by the county or
  311  municipality.
  312         2. Upon completion of a vulnerability assessment, the
  313  county or municipality shall submit to the department all of the
  314  following:
  315         a. A report detailing the findings of the assessment.
  316         b. All electronic mapping data used to illustrate flooding
  317  and sea level rise impacts identified in the assessment. When
  318  submitting such data, the county or municipality shall include:
  319         (I) Geospatial data in an electronic file format suitable
  320  for input to the department’s mapping tool.
  321         (II) Geographic information system (GIS) data that has been
  322  projected into the appropriate Florida State Plane Coordinate
  323  System and that is suitable for the department’s mapping tool.
  324  The county or municipality must also submit metadata using
  325  standards prescribed by the department.
  326         c. An inventory A list of critical assets, including
  327  regionally significant assets, that are currently, or within 50
  328  years are reasonably expected to be, impacted by flooding and
  329  sea level rise.
  330         (d) A vulnerability assessment conducted pursuant to
  331  paragraph (b) must do include all of the following:
  332         1. Include peril of flood comprehensive plan amendments
  333  that address the requirements of s. 163.3178(2)(f), if the
  334  county or municipality is subject to such requirements and has
  335  not complied with such requirements as determined by the
  336  Department of Commerce Economic Opportunity.
  337         2. Make use of the best available information through the
  338  Florida Flood Hub as certified by the Chief Science Officer, in
  339  consultation with the Chief Resilience Officer, including, as If
  340  applicable, analyzing impacts related to the depth of:
  341         a. Tidal flooding, including future high tide flooding,
  342  which must use thresholds published and provided by the
  343  department. To the extent practicable, the analysis should also
  344  geographically display the number of tidal flood days expected
  345  for each scenario and planning horizon.
  346         b. Current and future storm surge flooding using publicly
  347  available National Oceanic and Atmospheric Administration or
  348  Federal Emergency Management Agency storm surge data. The
  349  initial storm surge event used must equal or exceed the current
  350  100-year flood event. Higher frequency storm events may be
  351  analyzed to understand the exposure of a critical asset or
  352  regionally significant asset. Publicly available National
  353  Oceanic and Atmospheric Administration (NOAA) or Federal
  354  Emergency Management Agency storm surge data may be used in the
  355  absence of applicable data from the Florida Flood Hub.
  356         c. To the extent practicable, rainfall-induced flooding
  357  using a GIS-based spatiotemporal analysis or existing hydrologic
  358  and hydraulic modeling results. Future boundary conditions
  359  should be modified to consider sea level rise and high tide
  360  conditions. Vulnerability assessments for rainfall-induced
  361  flooding must include the depth of rainfall-induced flooding for
  362  a 100-year storm and a 500-year storm, as defined by the
  363  applicable water management district or, if necessary, the
  364  appropriate federal agency. Future rainfall conditions should be
  365  used, if available. Noncoastal communities must perform a
  366  rainfall-induced flooding assessment.
  367         d. To the extent practicable, compound flooding or the
  368  combination of tidal, storm surge, and rainfall-induced
  369  flooding.
  370         3. Apply the following scenarios and standards:
  371         a. All analyses in the North American Vertical Datum of
  372  1988.
  373         b. For a vulnerability assessment initiated after July 1,
  374  2024, at a minimum least two local sea level rise scenarios,
  375  which must include the 2022 NOAA 2017 National Oceanic and
  376  Atmospheric Administration intermediate-low and intermediate
  377  intermediate-high sea level rise scenarios or the statewide sea
  378  level rise projections developed pursuant to paragraph (4)(a)
  379  projections.
  380         c. At least two planning horizons identified in the
  381  following table which correspond with the appropriate
  382  comprehensive statewide flood vulnerability and sea level rise
  383  assessment for which the department, at the time of award,
  384  determines such local vulnerability assessment will be
  385  incorporated:
  386  
  387  Year of assessment   20-year planning horizon50-year planning horizon
  388  2024                          2040         2070                   
  389  2029                          2050         2080                   
  390  2034                          2055         2085                   
  391  2039                          2060         2090                   
  392  2044                          2065         2095                   
  393  2049                          2070         2100                   
  394  
  395  that include planning horizons for the years 2040 and 2070.
  396         d. Local sea level data maintained by the Florida Flood Hub
  397  which reflect the best available scientific information as
  398  certified by the Chief Science Officer, in consultation with the
  399  Chief Resilience Officer. If such data is not available, local
  400  sea level data may be that has been interpolated between the two
  401  closest NOAA National Oceanic and Atmospheric Administration
  402  tide gauges; however, such. Local sea level data may be taken
  403  from only one of the two closest NOAA tide gauges such gauge if
  404  the gauge has a higher mean sea level or may be. Data taken from
  405  an alternate tide gauge may be used with appropriate rationale
  406  and department approval, as long as it is publicly available or
  407  submitted to the department pursuant to paragraph (b).
  408         (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
  409  LEVEL RISE DATA SET AND ASSESSMENT.—
  410         (a) By July 1, 2023, The department shall develop and
  411  maintain complete the development of a comprehensive statewide
  412  flood vulnerability and sea level rise data set sufficient to
  413  conduct a comprehensive statewide flood vulnerability and sea
  414  level rise assessment. In developing and maintaining the data
  415  set, the department shall, in coordination with the Chief
  416  Resilience Officer and the Florida Flood Hub for Applied
  417  Research and Innovation, compile, analyze, and incorporate, as
  418  appropriate, information related to vulnerability assessments
  419  and critical asset inventories submitted to the department
  420  pursuant to subsection (3) or any previously completed
  421  assessments that meet the requirements of subsection (3).
  422         1. The Chief Science Officer shall, in coordination with
  423  the Chief Resilience Officer and the Florida Flood Hub necessary
  424  experts and resources, develop statewide sea level rise
  425  projections that incorporate temporal and spatial variability,
  426  to the extent practicable, for inclusion in the data set. This
  427  subparagraph does not supersede regionally adopted projections.
  428         2. The data set must include information necessary to
  429  determine the risks to inland and coastal communities,
  430  including, but not limited to, elevation, tidal levels, and
  431  precipitation.
  432         (b) By July 1, 2024, The department, in coordination with
  433  the Chief Resilience Officer and the Florida Flood Hub, shall
  434  complete a comprehensive statewide flood vulnerability and sea
  435  level rise assessment that identifies inland and coastal
  436  infrastructure, geographic areas, and communities in this the
  437  state which that are vulnerable to flooding and sea level rise
  438  and the associated risks.
  439         1. The department shall use the comprehensive statewide
  440  flood vulnerability and sea level rise data set to conduct the
  441  assessment.
  442         2. The assessment must incorporate local and regional
  443  analyses of vulnerabilities and risks, including, as
  444  appropriate, local mitigation strategies and postdisaster
  445  redevelopment plans.
  446         3. The assessment must include an inventory of critical
  447  assets, including regionally significant assets, that are
  448  essential for critical government and business functions,
  449  national security, public health and safety, the economy, flood
  450  and storm protection, water quality management, and wildlife
  451  habitat management, and must identify and analyze the
  452  vulnerability of and risks to such critical assets. When
  453  identifying critical assets for inclusion in the assessment, the
  454  department shall also take into consideration the critical
  455  assets identified by local governments and submitted to the
  456  department pursuant to subsection (3).
  457         4.The assessment must include the 20-year and 50-year
  458  projected sea level rise at each active NOAA tidal gauge off the
  459  coast of this state as derived from the statewide sea level rise
  460  projections developed pursuant to paragraph (a).
  461         (c) The department, in coordination with the Chief
  462  Resilience Officer and the Florida Flood Hub, shall update the
  463  comprehensive statewide flood vulnerability and sea level rise
  464  data set with the best available information each year and shall
  465  update the assessment at least every 5 years. The department may
  466  update the data set and assessment more frequently if it
  467  determines that updates are necessary to maintain the validity
  468  of the data set and assessment.
  469         (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
  470         (a) By December 1 of, 2021, and each year December 1
  471  thereafter, the department shall develop a Statewide Flooding
  472  and Sea Level Rise Resilience Plan on a 3-year planning horizon
  473  and submit it to the Governor, the President of the Senate, and
  474  the Speaker of the House of Representatives. The plan must
  475  consist of ranked projects that address risks of flooding and
  476  sea level rise to coastal and inland communities in the state.
  477  All eligible projects submitted to the department pursuant to
  478  this section must be ranked and included in the plan. Each plan
  479  must include a detailed narrative overview describing how the
  480  plan was developed, including a description of the methodology
  481  used by the department to determine project eligibility, a
  482  description of the methodology used to rank projects, the
  483  specific scoring system used, the project proposal application
  484  form, a copy of each submitted project proposal application form
  485  separated by eligible projects and ineligible projects, the
  486  total number of project proposals received and deemed eligible,
  487  the total funding requested, and the total funding requested for
  488  eligible projects.
  489         (b) The plan submitted by December 1, 2021, before the
  490  comprehensive statewide flood vulnerability and sea level rise
  491  assessment is completed, will be a preliminary plan that
  492  includes projects that address risks of flooding and sea level
  493  rise identified in available local government vulnerability
  494  assessments and projects submitted by water management districts
  495  that mitigate the risks of flooding or sea level rise on water
  496  supplies or water resources of the state. The plan submitted by
  497  December 1, 2022, and the plan submitted by December 1, 2023,
  498  will be updates to the preliminary plan. The plan submitted by
  499  December 1, 2024, and each plan submitted by December 1
  500  thereafter:,
  501         1. Shall primarily address risks of flooding and sea level
  502  rise identified in the comprehensive statewide flood
  503  vulnerability and sea level rise assessment; and
  504         2.May include, at the discretion of the department in
  505  consultation with the Chief Resilience Officer, other projects
  506  submitted pursuant to paragraph (d) which address risks of
  507  flooding and sea level rise to critical assets not yet
  508  identified in the comprehensive statewide flood vulnerability
  509  and sea level rise assessment.
  510         (c) Each plan submitted by the department pursuant to this
  511  subsection must include all of the following information for
  512  each recommended project:
  513         1. A description of the project.
  514         2. The location of the project.
  515         3. An estimate of how long the project will take to
  516  complete.
  517         4. An estimate of the cost of the project.
  518         5. The cost-share percentage available for the project.
  519         6. A summary of the priority score assigned to the project.
  520         7. The project sponsor.
  521         (d)1. By September 1 of, 2021, and each year September 1
  522  thereafter, all of the following entities may submit to the
  523  department a list of proposed projects that address risks of
  524  flooding or sea level rise identified in the comprehensive
  525  statewide flood vulnerability and sea level rise assessment or
  526  vulnerability assessments that meet the requirements of
  527  subsection (3):
  528         a. Counties.
  529         b. Municipalities.
  530         c. Special districts as defined in s. 189.012 which that
  531  are responsible for the management and maintenance of inlets and
  532  intracoastal waterways or for the operation and maintenance of a
  533  potable water facility, a wastewater facility, an airport, or a
  534  seaport facility.
  535         d.Regional resilience entities acting on behalf of one or
  536  more member counties or municipalities.
  537  
  538  For the plans submitted by December 1, 2024, such entities may
  539  submit projects identified in existing vulnerability assessments
  540  that do not comply with subsection (3) only if the entity is
  541  actively developing a vulnerability assessment that is either
  542  under a signed grant agreement with the department pursuant to
  543  subsection (3) or funded by another state or federal agency, or
  544  is self-funded and intended to meet the requirements of
  545  paragraph (3)(d) or if the existing vulnerability assessment was
  546  completed using previously compliant statutory requirements.
  547  Projects identified from this category of vulnerability
  548  assessments will be eligible for submittal until the prior
  549  vulnerability assessment has been updated to meet most recent
  550  statutory requirements 2021; December 1, 2022; and December 1,
  551  2023, such entities may submit projects identified in existing
  552  vulnerability assessments that do not comply with subsection
  553  (3). A regional resilience entity may also submit proposed
  554  projects to the department pursuant to this subparagraph on
  555  behalf of one or more member counties or municipalities.
  556         2. By September 1 of, 2021, and each year September 1
  557  thereafter, all of the following entities may submit to the
  558  department a list of any proposed projects that address risks of
  559  flooding or sea level rise identified in the comprehensive
  560  statewide flood vulnerability and sea level rise assessment or
  561  vulnerability assessments that meet the requirements of
  562  subsection (3), or that mitigate the risks of flooding or sea
  563  level rise on water supplies or water resources of the state and
  564  a corresponding evaluation of each project:
  565         a. Water management districts.
  566         b. Drainage districts.
  567         c. Erosion control districts.
  568         d. Flood control districts.
  569         e. Regional water supply authorities.
  570         3. Each project submitted to the department pursuant to
  571  this paragraph for consideration by the department for inclusion
  572  in the plan must include all of the following information:
  573         a. A description of the project.
  574         b. The location of the project.
  575         c. An estimate of how long the project will take to
  576  complete.
  577         d. An estimate of the cost of the project.
  578         e. The cost-share percentage available for the project.
  579         f. The project sponsor.
  580         (e) Each project included in the plan must have a minimum
  581  50 percent cost share unless the project assists or is within a
  582  financially disadvantaged small community eligible for a reduced
  583  cost share. For purposes of this section, the term “financially
  584  disadvantaged small community eligible for a reduced cost share”
  585  means:
  586         1. A municipality that has a population of 10,000 or fewer,
  587  according to the most recent April 1 population estimates posted
  588  on the Office of Economic and Demographic Research’s website,
  589  and a per capita annual income that is less than the state’s per
  590  capita annual income as shown in the most recent release from
  591  the Bureau of the Census of the United States Department of
  592  Commerce that includes both measurements; or
  593         2. A county that has a population of 50,000 or fewer,
  594  according to the most recent April 1 population estimates posted
  595  on the Office of Economic and Demographic Research’s website,
  596  and a per capita annual income that is less than the state’s per
  597  capita annual income as shown in the most recent release from
  598  the Bureau of the Census of the United States Department of
  599  Commerce that includes both measurements; or
  600         3.A municipality or county that has a per capita annual
  601  income that is equal to or less than 75 percent of the state’s
  602  per capita annual income as shown in the most recent release
  603  from the Bureau of the Census of the United States Department of
  604  Commerce.
  605         (f) To be eligible for inclusion in the plan, a project
  606  must have been submitted pursuant to paragraph (d) or must have
  607  been identified in the comprehensive statewide flood
  608  vulnerability and sea level rise assessment, as applicable.
  609         (g) Expenses ineligible for inclusion in the plan include,
  610  but are not limited to, expenses associated with any of the
  611  following:
  612         1. Aesthetic vegetation.
  613         2. Recreational structures such as piers, docks, and
  614  boardwalks.
  615         3. Water quality components of stormwater and wastewater
  616  management systems, except for expenses to mitigate water
  617  quality impacts caused by the project or expenses related to
  618  water quality which are necessary to obtain a permit for the
  619  project.
  620         4. Maintenance and repair of over-walks.
  621         5. Park activities and facilities, except expenses to
  622  control flooding or erosion.
  623         6. Navigation construction, operation, and maintenance
  624  activities.
  625         7. Projects that provide only recreational benefits.
  626         (g)(h) The department shall implement a scoring system for
  627  assessing each project eligible for inclusion in the plan
  628  pursuant to this subsection. The scoring system must include the
  629  following tiers and associated criteria:
  630         1. Tier 1 must account for 40 percent of the total score
  631  and consist of all of the following criteria:
  632         a. The degree to which the project addresses the risks
  633  posed by flooding and sea level rise identified in the local
  634  government vulnerability assessments or the comprehensive
  635  statewide flood vulnerability and sea level rise assessment, as
  636  applicable.
  637         b. The degree to which the project addresses risks to
  638  regionally significant assets.
  639         c. The degree to which the project reduces risks to areas
  640  with an overall higher percentage of vulnerable critical assets.
  641         d. The degree to which the project contributes to existing
  642  flooding mitigation projects that reduce upland damage costs by
  643  incorporating new or enhanced structures or restoration and
  644  revegetation projects.
  645         2. Tier 2 must account for 30 percent of the total score
  646  and consist of all of the following criteria:
  647         a. The degree to which flooding and erosion currently
  648  affect the condition of the project area.
  649         b. The overall readiness of the project to proceed in a
  650  timely manner, considering the project’s readiness for the
  651  construction phase of development, the status of required
  652  permits, the status of any needed easement acquisition, and the
  653  availability of local funding sources.
  654         c. The environmental habitat enhancement or inclusion of
  655  nature-based options for resilience, with priority given to
  656  state or federal critical habitat areas for threatened or
  657  endangered species.
  658         d. The cost-effectiveness of the project.
  659         3. Tier 3 must account for 20 percent of the total score
  660  and consist of all of the following criteria:
  661         a. The availability of local, state, and federal matching
  662  funds, considering the status of the funding award, and federal
  663  authorization, if applicable.
  664         b. Previous state commitment and involvement in the
  665  project, considering previously funded phases, the total amount
  666  of previous state funding, and previous partial appropriations
  667  for the proposed project.
  668         c. The exceedance of the flood-resistant construction
  669  requirements of the Florida Building Code and applicable flood
  670  plain management regulations.
  671         4. Tier 4 must account for 10 percent of the total score
  672  and consist of all of the following criteria:
  673         a. The proposed innovative technologies designed to reduce
  674  project costs and provide regional collaboration.
  675         b. The extent to which the project assists financially
  676  disadvantaged communities.
  677         (h)(i) The total amount of funding proposed for each year
  678  of the plan may not be less than $100 million. Upon review and
  679  subject to appropriation, the Legislature shall approve funding
  680  for the projects as specified in the plan. Multiyear projects
  681  that receive funding for the first year of the project must be
  682  included in subsequent plans and funded until the project is
  683  complete, provided that the project sponsor has complied with
  684  all contractual obligations and funds are available.
  685         (i)(j) The department shall adopt rules initiate rulemaking
  686  by August 1, 2021, to implement this section.
  687         (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific
  688  legislative appropriation, the department may provide funding
  689  for all of the following purposes to regional entities,
  690  including regional planning councils and estuary partnerships,
  691  that are established by general purpose local governments and
  692  whose responsibilities include planning for the resilience needs
  693  of communities and coordinating intergovernmental solutions to
  694  mitigate adverse impacts of flooding and sea level rise:
  695         (a) Providing technical assistance to counties and
  696  municipalities.
  697         (b) Coordinating and conducting activities authorized by
  698  subsection (3) with broad regional benefit or on behalf of
  699  multiple member counties and municipalities multijurisdictional
  700  vulnerability assessments.
  701         (c) Developing project proposals to be submitted for
  702  inclusion in the Statewide Flooding and Sea Level Rise
  703  Resilience Plan.
  704         Section 5. Subsection (1) of section 381.0061, Florida
  705  Statutes, is amended to read:
  706         381.0061 Administrative fines.—
  707         (1) In addition to any administrative action authorized by
  708  chapter 120 or by other law, the department may impose a fine,
  709  which may not exceed $500 for each violation, for a violation of
  710  s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or
  711  part III of chapter 489, for a violation of any rule adopted by
  712  the department under this chapter, or for a violation of chapter
  713  386 not involving onsite sewage treatment and disposal systems.
  714  The department shall give an alleged violator a notice of intent
  715  to impose such fine shall be given by the department to the
  716  alleged violator. Each day that a violation continues may
  717  constitute a separate violation.
  718         Section 6. The Legislature intends that the transfer of the
  719  regulation of the Onsite Sewage Program from the Department of
  720  Health to the Department of Environmental Protection, as
  721  required by the Clean Waterways Act, chapter 2020-150, Laws of
  722  Florida, be completed in a phased approach.
  723         (1)Before the phased transfer, the Department of
  724  Environmental Protection shall coordinate with the Department of
  725  Health to identify equipment and vehicles that were previously
  726  used to carry out the program in each county and that are no
  727  longer needed for such purpose. The Department of Health shall
  728  transfer the agreed-upon equipment and vehicles to the
  729  Department of Environmental Protection, to the extent that each
  730  county agrees to relinquish ownership of such equipment and
  731  vehicles to the Department of Health.
  732         (2)When the Department of Environmental Protection begins
  733  implementing the program within a county, the Department of
  734  Health may no longer implement or collect fees for the program
  735  unless specified by separate delegation or contract with the
  736  Department of Environmental Protection.
  737         Section 7. Paragraph (h) of subsection (3) and subsections
  738  (5) and (7) of section 381.0065, Florida Statutes, are amended,
  739  paragraph (o) is added to subsection (3) of that section, and
  740  subsection (9) is added to that section, to read:
  741         381.0065 Onsite sewage treatment and disposal systems;
  742  regulation.—
  743         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  744  PROTECTION.—The department shall:
  745         (h) Conduct enforcement activities in accordance with part
  746  I of chapter 403, including imposing fines, issuing citations,
  747  suspensions, revocations, injunctions, and emergency orders for
  748  violations of this section, part I of chapter 386, or part III
  749  of chapter 489 or for a violation of any rule adopted by the
  750  department under this section, part I of chapter 386, or part
  751  III of chapter 489. All references to part I of chapter 386 in
  752  this section relate solely to nuisances involving improperly
  753  built or maintained septic tanks or other onsite sewage
  754  treatment and disposal systems, and untreated or improperly
  755  treated or transported waste from onsite sewage treatment and
  756  disposal systems. The department shall have all the duties and
  757  authorities of the Department of Health in part I of chapter 386
  758  for nuisances involving onsite sewage treatment and disposal
  759  systems. The department’s authority under part I of chapter 386
  760  is in addition to and may be pursued independently of or
  761  simultaneously with the enforcement remedies provided under this
  762  section and chapter 403.
  763         (o)Adopt rules establishing and implementing a program of
  764  general permits for this section for projects, or categories of
  765  projects, which have, individually or cumulatively, a minimal
  766  adverse impact on public health or the environment. Such rules
  767  must:
  768         1.Specify design or performance criteria which, if
  769  applied, would result in compliance with appropriate standards;
  770  and
  771         2.Authorize a person who complies with the general permit
  772  eligibility requirements to use the permit 30 days after giving
  773  notice to the department without any agency action by the
  774  department. Within the 30-day notice period, the department
  775  shall determine whether the activity qualifies for a general
  776  permit. If the activity does not qualify or the notice does not
  777  contain all the required information, the department must notify
  778  the person.
  779         (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  780         (a) Department personnel who have reason to believe
  781  noncompliance exists, may at any reasonable time, enter the
  782  premises permitted under ss. 381.0065-381.0066, or the business
  783  premises of any septic tank contractor or master septic tank
  784  contractor registered under part III of chapter 489, or any
  785  premises that the department has reason to believe is being
  786  operated or maintained not in compliance, to determine
  787  compliance with the provisions of this section, part I of
  788  chapter 386, or part III of chapter 489 or rules or standards
  789  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  790  part III of chapter 489. As used in this paragraph, the term
  791  “premises” does not include a residence or private building. To
  792  gain entry to a residence or private building, the department
  793  must obtain permission from the owner or occupant or secure an
  794  inspection warrant from a court of competent jurisdiction
  795  pursuant to the procedures of s. 403.091.
  796         (b)1. The department has all of the judicial and
  797  administrative remedies available to it pursuant to part I of
  798  chapter 403 may issue citations that may contain an order of
  799  correction or an order to pay a fine, or both, for violations of
  800  ss. 381.0065-381.0067, part I of chapter 386, or part III of
  801  chapter 489 or the rules adopted by the department, when a
  802  violation of these sections or rules is enforceable by an
  803  administrative or civil remedy, or when a violation of these
  804  sections or rules is a misdemeanor of the second degree. A
  805  citation issued under ss. 381.0065-381.0067, part I of chapter
  806  386, or part III of chapter 489 constitutes a notice of proposed
  807  agency action.
  808         2.A citation must be in writing and must describe the
  809  particular nature of the violation, including specific reference
  810  to the provisions of law or rule allegedly violated.
  811         3.The fines imposed by a citation issued by the department
  812  may not exceed $500 for each violation. Each day the violation
  813  exists constitutes a separate violation for which a citation may
  814  be issued.
  815         4.The department shall inform the recipient, by written
  816  notice pursuant to ss. 120.569 and 120.57, of the right to an
  817  administrative hearing to contest the citation within 21 days
  818  after the date the citation is received. The citation must
  819  contain a conspicuous statement that if the recipient fails to
  820  pay the fine within the time allowed, or fails to appear to
  821  contest the citation after having requested a hearing, the
  822  recipient has waived the recipient’s right to contest the
  823  citation and must pay an amount up to the maximum fine.
  824         5.The department may reduce or waive the fine imposed by
  825  the citation. In determining whether to reduce or waive the
  826  fine, the department must consider the gravity of the violation,
  827  the person’s attempts at correcting the violation, and the
  828  person’s history of previous violations including violations for
  829  which enforcement actions were taken under ss. 381.0065
  830  381.0067, part I of chapter 386, part III of chapter 489, or
  831  other provisions of law or rule.
  832         6.Any person who willfully refuses to sign and accept a
  833  citation issued by the department commits a misdemeanor of the
  834  second degree, punishable as provided in s. 775.082 or s.
  835  775.083.
  836         7. The department, pursuant to ss. 381.0065-381.0067, part
  837  I of chapter 386, or part III of chapter 489, shall deposit any
  838  damages, costs, or penalties fines it collects pursuant to this
  839  section and part I of chapter 403 in the Water Quality Assurance
  840  Trust Fund county health department trust fund for use in
  841  providing services specified in those sections.
  842         8.This section provides an alternative means of enforcing
  843  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  844  chapter 489. This section does not prohibit the department from
  845  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  846  III of chapter 489, or its rules, by any other means. However,
  847  the department must elect to use only a single method of
  848  enforcement for each violation.
  849         (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
  850  TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
  851  total maximum daily load, the department shall implement a fast
  852  track approval process of no longer than 6 months for the
  853  determination of the use of American National Standards
  854  Institute 245 systems approved by NSF International before July
  855  1, 2020. The department shall also establish an enhanced
  856  nutrient-reducing onsite sewage treatment and disposal system
  857  approval program that will expeditiously evaluate and approve
  858  such systems for use in this state to comply with ss.
  859  403.067(7)(a)10. and 373.469(3)(d).
  860         (9)CONTRACT OR DELEGATION AUTHORITY.—The department may
  861  contract with or delegate its powers and duties under this
  862  section to a county as provided in s. 403.061 or s. 403.182.
  863         Section 8. Subsection (2) of section 381.0066, Florida
  864  Statutes, is amended to read:
  865         381.0066 Onsite sewage treatment and disposal systems;
  866  fees.—
  867         (2) The minimum fees in the following fee schedule apply
  868  until changed by rule by the department within the following
  869  limits:
  870         (a) Application review, permit issuance, or system
  871  inspection, when performed by the department or a private
  872  provider inspector, including repair of a subsurface, mound,
  873  filled, or other alternative system or permitting of an
  874  abandoned system: a fee of not less than $25, or more than $125.
  875         (b) Site evaluation, site reevaluation, evaluation of a
  876  system previously in use, or a per annum septage disposal site
  877  evaluation: a fee of not less than $40, or more than $115.
  878         (c) Biennial operating permit for aerobic treatment units
  879  or performance-based treatment systems: a fee of not more than
  880  $100.
  881         (d) Annual operating permit for systems located in areas
  882  zoned for industrial manufacturing or equivalent uses or where
  883  the system is expected to receive wastewater which is not
  884  domestic in nature: a fee of not less than $150, or more than
  885  $300.
  886         (e) Innovative technology: a fee not to exceed $25,000.
  887         (f) Septage disposal service, septage stabilization
  888  facility, portable or temporary toilet service, tank
  889  manufacturer inspection: a fee of not less than $25, or more
  890  than $200, per year.
  891         (g) Application for variance: a fee of not less than $150,
  892  or more than $300.
  893         (h) Annual operating permit for waterless, incinerating, or
  894  organic waste composting toilets: a fee of not less than $15, or
  895  more than $30.
  896         (i) Aerobic treatment unit or performance-based treatment
  897  system maintenance entity permit: a fee of not less than $25, or
  898  more than $150, per year.
  899         (j) Reinspection fee per visit for site inspection after
  900  system construction approval or for noncompliant system
  901  installation per site visit: a fee of not less than $25, or more
  902  than $100.
  903         (k) Research: An additional $5 fee shall be added to each
  904  new system construction permit issued to be used to fund onsite
  905  sewage treatment and disposal system research, demonstration,
  906  and training projects. Five dollars from any repair permit fee
  907  collected under this section shall be used for funding the
  908  hands-on training centers described in s. 381.0065(3)(j).
  909         (l) Annual operating permit, including annual inspection
  910  and any required sampling and laboratory analysis of effluent,
  911  for an engineer-designed performance-based system: a fee of not
  912  less than $150, or more than $300.
  913  
  914  The funds collected pursuant to this subsection for the
  915  implementation of onsite sewage treatment and disposal system
  916  regulation and for the purposes of ss. 381.00655 and 381.0067,
  917  subsequent to any phased transfer of implementation from the
  918  Department of Health to the department within any county
  919  pursuant to s. 381.0065, must be deposited in the Florida Permit
  920  Fee Trust Fund under s. 403.0871, to be administered by the
  921  department a trust fund administered by the department, to be
  922  used for the purposes stated in this section and ss. 381.0065
  923  and 381.00655.
  924         Section 9. Subsection (4) of section 403.061, Florida
  925  Statutes, is amended to read:
  926         403.061 Department; powers and duties.—The department shall
  927  have the power and the duty to control and prohibit pollution of
  928  air and water in accordance with the law and rules adopted and
  929  promulgated by it and, for this purpose, to:
  930         (4) Secure necessary scientific, technical, research,
  931  administrative, and operational services by interagency
  932  agreement, by contract, or otherwise. All state agencies and
  933  counties, upon direction of the department, shall make these
  934  services and facilities available.
  935  
  936  The department shall implement such programs in conjunction with
  937  its other powers and duties and shall place special emphasis on
  938  reducing and eliminating contamination that presents a threat to
  939  humans, animals or plants, or to the environment.
  940         Section 10. Subsections (1), (2), (14), and (15) of section
  941  403.064, Florida Statutes, are amended to read:
  942         403.064 Reuse of reclaimed water.—
  943         (1) The encouragement and promotion of water conservation,
  944  and reuse of reclaimed water, as defined by the department, are
  945  state objectives and are considered to be in the public
  946  interest. The Legislature finds that the reuse of reclaimed
  947  water is a critical component of meeting the state’s existing
  948  and future water supply needs while sustaining natural systems
  949  and encouraging its best and most beneficial use. The
  950  Legislature further finds that for those wastewater treatment
  951  plants permitted and operated under an approved reuse program by
  952  the department, the reclaimed water shall be considered
  953  environmentally acceptable and not a threat to public health and
  954  safety. The Legislature encourages the development of incentive
  955  based programs for reuse implementation.
  956         (2) All applicants for permits to construct or operate a
  957  domestic wastewater treatment facility located within, serving a
  958  population located within, or discharging within a water
  959  resource caution area shall prepare a reuse feasibility study as
  960  part of their application for the permit. Reuse feasibility
  961  studies must shall be prepared in accordance with department
  962  guidelines adopted by rule and shall include, but are not
  963  limited to:
  964         (a) Evaluation of monetary costs and benefits for several
  965  levels and types of reuse.
  966         (b) Evaluation of the estimated water savings resulting
  967  from different types of if reuse, if is implemented.
  968         (c) Evaluation of rates and fees necessary to implement
  969  reuse.
  970         (d) Evaluation of environmental and water resource benefits
  971  associated with the different types of reuse.
  972         (e) Evaluation of economic, environmental, and technical
  973  constraints associated with the different types of reuse,
  974  including any constraints caused by potential water quality
  975  impacts.
  976         (f) A schedule for implementation of reuse. The schedule
  977  must shall consider phased implementation.
  978         (14) After conducting a feasibility study under subsection
  979  (2), a domestic wastewater treatment facility facilities that
  980  disposes dispose of effluent by Class I deep well injection, as
  981  defined in 40 C.F.R. s. 144.6(a), surface water discharge, land
  982  application, or other method to dispose of effluent or a portion
  983  thereof must implement reuse to the degree that reuse is
  984  feasible, based upon the applicant’s reuse feasibility study,
  985  with consideration given to direct ecological or public water
  986  supply benefits afforded by any disposal. Applicable permits
  987  issued by the department must shall be consistent with the
  988  requirements of this subsection.
  989         (a) This subsection does not limit the use of a Class I
  990  deep well injection as defined in 40 C.F.R. s. 144.6(a), surface
  991  water discharge, land application, or another method to dispose
  992  of effluent or a portion thereof for backup use only facility as
  993  backup for a reclaimed water reuse system.
  994         (b) This subsection applies only to domestic wastewater
  995  treatment facilities located within, serving a population
  996  located within, or discharging within a water resource caution
  997  area.
  998         (15)After conducting a feasibility study under subsection
  999  (2), domestic wastewater treatment facilities that dispose of
 1000  effluent by surface water discharges or by land application
 1001  methods must implement reuse to the degree that reuse is
 1002  feasible, based upon the applicant’s reuse feasibility study.
 1003  This subsection does not apply to surface water discharges or
 1004  land application systems which are currently categorized as
 1005  reuse under department rules. Applicable permits issued by the
 1006  department shall be consistent with the requirements of this
 1007  subsection.
 1008         (a)This subsection does not limit the use of a surface
 1009  water discharge or land application facility as backup for a
 1010  reclaimed water reuse system.
 1011         (b)This subsection applies only to domestic wastewater
 1012  treatment facilities located within, serving a population
 1013  located within, or discharging within a water resource caution
 1014  area.
 1015         Section 11. Paragraph (a) of subsection (7) of section
 1016  403.067, Florida Statutes, is amended to read:
 1017         403.067 Establishment and implementation of total maximum
 1018  daily loads.—
 1019         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1020  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1021         (a) Basin management action plans.—
 1022         1. In developing and implementing the total maximum daily
 1023  load for a waterbody, the department, or the department in
 1024  conjunction with a water management district, may develop a
 1025  basin management action plan that addresses some or all of the
 1026  watersheds and basins tributary to the waterbody. Such plan must
 1027  integrate the appropriate management strategies available to the
 1028  state through existing water quality protection programs to
 1029  achieve the total maximum daily loads and may provide for phased
 1030  implementation of these management strategies to promote timely,
 1031  cost-effective actions as provided for in s. 403.151. The plan
 1032  must establish a schedule implementing the management
 1033  strategies, establish a basis for evaluating the plan’s
 1034  effectiveness, and identify feasible funding strategies for
 1035  implementing the plan’s management strategies. The management
 1036  strategies may include regional treatment systems or other
 1037  public works, when appropriate, and voluntary trading of water
 1038  quality credits to achieve the needed pollutant load reductions.
 1039         2. A basin management action plan must equitably allocate,
 1040  pursuant to paragraph (6)(b), pollutant reductions to individual
 1041  basins, as a whole to all basins, or to each identified point
 1042  source or category of nonpoint sources, as appropriate. For
 1043  nonpoint sources for which best management practices have been
 1044  adopted, the initial requirement specified by the plan must be
 1045  those practices developed pursuant to paragraph (c). When
 1046  appropriate, the plan may take into account the benefits of
 1047  pollutant load reduction achieved by point or nonpoint sources
 1048  that have implemented management strategies to reduce pollutant
 1049  loads, including best management practices, before the
 1050  development of the basin management action plan. The plan must
 1051  also identify the mechanisms that will address potential future
 1052  increases in pollutant loading.
 1053         3. The basin management action planning process is intended
 1054  to involve the broadest possible range of interested parties,
 1055  with the objective of encouraging the greatest amount of
 1056  cooperation and consensus possible. In developing a basin
 1057  management action plan, the department shall assure that key
 1058  stakeholders, including, but not limited to, applicable local
 1059  governments, water management districts, the Department of
 1060  Agriculture and Consumer Services, other appropriate state
 1061  agencies, local soil and water conservation districts,
 1062  environmental groups, regulated interests, and affected
 1063  pollution sources, are invited to participate in the process.
 1064  The department shall hold at least one public meeting in the
 1065  vicinity of the watershed or basin to discuss and receive
 1066  comments during the planning process and shall otherwise
 1067  encourage public participation to the greatest practicable
 1068  extent. Notice of the public meeting must be published in a
 1069  newspaper of general circulation in each county in which the
 1070  watershed or basin lies at least 5 days, but not more than 15
 1071  days, before the public meeting. A basin management action plan
 1072  does not supplant or otherwise alter any assessment made under
 1073  subsection (3) or subsection (4) or any calculation or initial
 1074  allocation.
 1075         4. Each new or revised basin management action plan must
 1076  include all of the following:
 1077         a. The appropriate management strategies available through
 1078  existing water quality protection programs to achieve total
 1079  maximum daily loads, which may provide for phased implementation
 1080  to promote timely, cost-effective actions as provided for in s.
 1081  403.151.
 1082         b. A description of best management practices adopted by
 1083  rule.
 1084         c. For the applicable 5-year implementation milestone, a
 1085  list of projects that will achieve the pollutant load reductions
 1086  needed to meet the total maximum daily load or the load
 1087  allocations established pursuant to subsection (6). Each project
 1088  must include a planning-level cost estimate and an estimated
 1089  date of completion.
 1090         d. A list of projects developed pursuant to paragraph (e),
 1091  if applicable.
 1092         e. The source and amount of financial assistance to be made
 1093  available by the department, a water management district, or
 1094  other entity for each listed project, if applicable.
 1095         f. A planning-level estimate of each listed project’s
 1096  expected load reduction, if applicable.
 1097         5. The department shall adopt all or any part of a basin
 1098  management action plan and any amendment to such plan by
 1099  secretarial order pursuant to chapter 120 to implement this
 1100  section.
 1101         6. The basin management action plan must include 5-year
 1102  milestones for implementation and water quality improvement, and
 1103  an associated water quality monitoring component sufficient to
 1104  evaluate whether reasonable progress in pollutant load
 1105  reductions is being achieved over time. An assessment of
 1106  progress toward these milestones shall be conducted every 5
 1107  years, and revisions to the plan shall be made as appropriate.
 1108  Any entity with a specific pollutant load reduction requirement
 1109  established in a basin management action plan shall identify the
 1110  projects or strategies that such entity will undertake to meet
 1111  current 5-year pollution reduction milestones, beginning with
 1112  the first 5-year milestone for new basin management action
 1113  plans, and submit such projects to the department for inclusion
 1114  in the appropriate basin management action plan. Each project
 1115  identified must include an estimated amount of nutrient
 1116  reduction that is reasonably expected to be achieved based on
 1117  the best scientific information available. Revisions to the
 1118  basin management action plan shall be made by the department in
 1119  cooperation with basin stakeholders. Revisions to the management
 1120  strategies required for nonpoint sources must follow the
 1121  procedures in subparagraph (c)4. Revised basin management action
 1122  plans must be adopted pursuant to subparagraph 5.
 1123         7. In accordance with procedures adopted by rule under
 1124  paragraph (9)(c), basin management action plans, and other
 1125  pollution control programs under local, state, or federal
 1126  authority as provided in subsection (4), may allow point or
 1127  nonpoint sources that will achieve greater pollutant reductions
 1128  than required by an adopted total maximum daily load or
 1129  wasteload allocation to generate, register, and trade water
 1130  quality credits for the excess reductions to enable other
 1131  sources to achieve their allocation; however, the generation of
 1132  water quality credits does not remove the obligation of a source
 1133  or activity to meet applicable technology requirements or
 1134  adopted best management practices. Such plans must allow trading
 1135  between NPDES permittees, and trading that may or may not
 1136  involve NPDES permittees, where the generation or use of the
 1137  credits involve an entity or activity not subject to department
 1138  water discharge permits whose owner voluntarily elects to obtain
 1139  department authorization for the generation and sale of credits.
 1140         8. The department’s rule relating to the equitable
 1141  abatement of pollutants into surface waters do not apply to
 1142  water bodies or waterbody segments for which a basin management
 1143  plan that takes into account future new or expanded activities
 1144  or discharges has been adopted under this section.
 1145         9. In order to promote resilient wastewater utilities, if
 1146  the department identifies domestic wastewater treatment
 1147  facilities or onsite sewage treatment and disposal systems as
 1148  contributors of at least 20 percent of point source or nonpoint
 1149  source nutrient pollution or if the department determines
 1150  remediation is necessary to achieve the total maximum daily
 1151  load, a basin management action plan for a nutrient total
 1152  maximum daily load must include the following:
 1153         a. A domestic wastewater treatment plan developed by each
 1154  local government, in cooperation with the department, the water
 1155  management district, and the public and private domestic
 1156  wastewater treatment facilities providing services or located
 1157  within the jurisdiction of the local government, which that
 1158  addresses domestic wastewater. Private domestic wastewater
 1159  facilities and special districts providing domestic wastewater
 1160  services must provide the required wastewater facility
 1161  information to the applicable local governments. The domestic
 1162  wastewater treatment plan must:
 1163         (I) Provide for construction, expansion, or upgrades
 1164  necessary to achieve the total maximum daily load requirements
 1165  applicable to the domestic wastewater treatment facility.
 1166         (II) Include the permitted capacity in average annual
 1167  gallons per day for the domestic wastewater treatment facility;
 1168  the average nutrient concentration and the estimated average
 1169  nutrient load of the domestic wastewater; a projected timeline
 1170  of the dates by which the construction of any facility
 1171  improvements will begin and be completed and the date by which
 1172  operations of the improved facility will begin; the estimated
 1173  cost of the improvements; and the identity of responsible
 1174  parties.
 1175  
 1176  The domestic wastewater treatment plan must be adopted as part
 1177  of the basin management action plan no later than July 1, 2025.
 1178  A local government that does not have a domestic wastewater
 1179  treatment facility in its jurisdiction is not required to
 1180  develop a domestic wastewater treatment plan unless there is a
 1181  demonstrated need to establish a domestic wastewater treatment
 1182  facility within its jurisdiction to improve water quality
 1183  necessary to achieve a total maximum daily load. A local
 1184  government is not responsible for a private domestic wastewater
 1185  facility’s compliance with a basin management action plan unless
 1186  such facility is operated through a public-private partnership
 1187  to which the local government is a party.
 1188         b. An onsite sewage treatment and disposal system
 1189  remediation plan developed by each local government in
 1190  cooperation with the department, the Department of Health, water
 1191  management districts, and public and private domestic wastewater
 1192  treatment facilities.
 1193         (I) The onsite sewage treatment and disposal system
 1194  remediation plan must identify cost-effective and financially
 1195  feasible projects necessary to achieve the nutrient load
 1196  reductions required for onsite sewage treatment and disposal
 1197  systems. To identify cost-effective and financially feasible
 1198  projects for remediation of onsite sewage treatment and disposal
 1199  systems, the local government shall:
 1200         (A) Include an inventory of onsite sewage treatment and
 1201  disposal systems based on the best information available;
 1202         (B) Identify onsite sewage treatment and disposal systems
 1203  that would be eliminated through connection to existing or
 1204  future central domestic wastewater infrastructure in the
 1205  jurisdiction or domestic wastewater service area of the local
 1206  government, that would be replaced with or upgraded to enhanced
 1207  nutrient-reducing onsite sewage treatment and disposal systems,
 1208  or that would remain on conventional onsite sewage treatment and
 1209  disposal systems;
 1210         (C) Estimate the costs of potential onsite sewage treatment
 1211  and disposal system connections, upgrades, or replacements; and
 1212         (D) Identify deadlines and interim milestones for the
 1213  planning, design, and construction of projects.
 1214         (II) The department shall adopt the onsite sewage treatment
 1215  and disposal system remediation plan as part of the basin
 1216  management action plan no later than July 1, 2025, or as
 1217  required for Outstanding Florida Springs under s. 373.807.
 1218         10. The installation of new onsite sewage treatment and
 1219  disposal systems constructed within a basin management action
 1220  plan area adopted under this section, a reasonable assurance
 1221  plan, or a pollution reduction plan is prohibited where
 1222  connection to a publicly owned or investor-owned sewerage system
 1223  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1224  or less within a basin management action plan adopted under this
 1225  section, a reasonable assurance plan, or a pollution reduction
 1226  plan where a publicly owned or investor-owned sewerage system is
 1227  not available, the installation of enhanced nutrient-reducing
 1228  onsite sewage treatment and disposal systems or other wastewater
 1229  treatment systems that achieve at least 65 percent nitrogen
 1230  reduction is required.
 1231         11. When identifying wastewater projects in a basin
 1232  management action plan, the department may not require the
 1233  higher cost option if it achieves the same nutrient load
 1234  reduction as a lower cost option. A regulated entity may choose
 1235  a different cost option if it complies with the pollutant
 1236  reduction requirements of an adopted total maximum daily load
 1237  and meets or exceeds the pollution reduction requirement of the
 1238  original project.
 1239         12. Annually, local governments subject to a basin
 1240  management action plan or located within the basin of a
 1241  waterbody not attaining nutrient or nutrient-related standards
 1242  must provide to the department an update on the status of
 1243  construction of sanitary sewers to serve such areas, in a manner
 1244  prescribed by the department.
 1245         Section 12. Paragraph (f) of subsection (2) and subsection
 1246  (7) of section 403.0673, Florida Statutes, are amended, and
 1247  subsection (8) is added to that section, to read:
 1248         403.0673 Water quality improvement grant program.—A grant
 1249  program is established within the Department of Environmental
 1250  Protection to address wastewater, stormwater, and agricultural
 1251  sources of nutrient loading to surface water or groundwater.
 1252         (2) The department may provide grants for all of the
 1253  following types of projects that reduce the amount of nutrients
 1254  entering those waterbodies identified in subsection (1):
 1255         (f) Projects identified in a domestic wastewater treatment
 1256  plan or an onsite sewage treatment and disposal system
 1257  remediation plan developed pursuant to s. 403.067(7)(a)9.a. and
 1258  b.
 1259         (7) Beginning January 15, 2024, and each January 15
 1260  thereafter, the department shall submit a report regarding the
 1261  projects funded pursuant to this section to the Governor, the
 1262  President of the Senate, and the Speaker of the House of
 1263  Representatives.
 1264         (a) The report must include a list of those projects
 1265  receiving funding and the following information for each
 1266  project:
 1267         1.(a) A description of the project;
 1268         2.(b) The cost of the project;
 1269         3.(c) The estimated nutrient load reduction of the project;
 1270         4.(d) The location of the project;
 1271         5.(e) The waterbody or waterbodies where the project will
 1272  reduce nutrients; and
 1273         6.(f) The total cost share being provided for the project.
 1274         (b)The report must also include a status report on each
 1275  project funded since 2021. The status report must, at a minimum,
 1276  identify which projects have been completed and, if such
 1277  information is available, provide nutrient load improvements or
 1278  water quality testing data for the waterbody.
 1279         (8)By July 1, 2025, the department must include the
 1280  projects funded pursuant to this section on a user-friendly
 1281  website or dashboard. The website or dashboard must allow the
 1282  user to see the information provided in subsection (7) and must
 1283  be updated at least annually.
 1284         Section 13. Paragraph (c) of subsection (1) of section
 1285  403.086, Florida Statutes, is amended to read:
 1286         403.086 Sewage disposal facilities; advanced and secondary
 1287  waste treatment.—
 1288         (1)
 1289         (c)1. Notwithstanding this chapter or chapter 373, sewage
 1290  disposal facilities may not dispose any wastes into the
 1291  following waters without providing advanced waste treatment, as
 1292  defined in subsection (4), as approved by the department or a
 1293  more stringent treatment standard if the department determines
 1294  the more stringent standard is necessary to achieve the total
 1295  maximum daily load or applicable water quality criteria:
 1296         a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega
 1297  Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little
 1298  Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay;
 1299  Biscayne Bay; or any river, stream, channel, canal, bay, bayou,
 1300  sound, or other water tributary thereto.
 1301         b. Beginning July 1, 2025, Indian River Lagoon, or any
 1302  river, stream, channel, canal, bay, bayou, sound, or other water
 1303  tributary thereto.
 1304         c. By January 1, 2033, waterbodies that are currently not
 1305  attaining nutrient or nutrient-related standards or that are
 1306  subject to a nutrient or nutrient-related basin management
 1307  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1308  assurance plan.
 1309         2. For any waterbody determined not to be attaining
 1310  nutrient or nutrient-related standards after July 1, 2023, or
 1311  subject to a nutrient or nutrient-related basin management
 1312  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1313  assurance plan after July 1, 2023, sewage disposal facilities
 1314  are prohibited from disposing any wastes into such waters
 1315  without providing advanced waste treatment, as defined in
 1316  subsection (4), as approved by the department within 10 years
 1317  after such determination or adoption.
 1318         3.By July 1, 2034, any wastewater treatment facility
 1319  providing reclaimed water that will be used for commercial or
 1320  residential irrigation or be otherwise land applied within a
 1321  nutrient basin management action plan or a reasonable assurance
 1322  plan area must meet the advanced waste treatment standards for
 1323  total nitrogen and total phosphorous as defined in paragraph
 1324  (4)(a) if the department has determined in an applicable basin
 1325  management action plan or reasonable assurance plan that the use
 1326  of reclaimed water as described in this subparagraph is causing
 1327  or contributing to the nutrient impairment being addressed in
 1328  such plan. For such department determinations made in a nutrient
 1329  basin management action plan or reasonable assurance plan after
 1330  July 1, 2024, an applicable wastewater treatment facility must
 1331  meet the requisite advanced waste treatment standards described
 1332  in this subparagraph within 10 years after such determination.
 1333  This subparagraph does not prevent the department from requiring
 1334  an alternative treatment standard, including a more stringent
 1335  treatment standard, if the department determines the alternative
 1336  standard is necessary to achieve the total maximum daily load or
 1337  applicable water quality criteria. This subparagraph does not
 1338  apply to reclaimed water that is otherwise land applied as part
 1339  of a water quality restoration project or water resource
 1340  development project approved by the department or water
 1341  management district to meet a total maximum daily load or
 1342  minimum flow or level and where such reclaimed water will be at
 1343  or below the advanced waste treatment standards described above
 1344  prior to entering groundwater or surface water.
 1345         Section 14. Section 403.121, Florida Statutes, is amended
 1346  to read:
 1347         403.121 Enforcement; procedure; remedies.—The department
 1348  shall have the following judicial and administrative remedies
 1349  available to it for violations of this chapter, as specified in
 1350  s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for
 1351  purposes of onsite sewage treatment and disposal systems, part
 1352  III of chapter 489, or any rule promulgated thereunder.
 1353         (1) Judicial remedies:
 1354         (a) The department may institute a civil action in a court
 1355  of competent jurisdiction to establish liability and to recover
 1356  damages for any injury to the air, waters, or property,
 1357  including animal, plant, and aquatic life, of the state caused
 1358  by any violation.
 1359         (b) The department may institute a civil action in a court
 1360  of competent jurisdiction to impose and to recover a civil
 1361  penalty for each violation in an amount of not more than $15,000
 1362  per offense. However, the court may receive evidence in
 1363  mitigation. Each day during any portion of which such violation
 1364  occurs constitutes a separate offense.
 1365         (c) Except as provided in paragraph (2)(c), it is not a
 1366  defense to, or ground for dismissal of, these judicial remedies
 1367  for damages and civil penalties that the department has failed
 1368  to exhaust its administrative remedies, has failed to serve a
 1369  notice of violation, or has failed to hold an administrative
 1370  hearing before the institution of a civil action.
 1371         (2) Administrative remedies:
 1372         (a) The department may institute an administrative
 1373  proceeding to establish liability and to recover damages for any
 1374  injury to the air, waters, or property, including animal, plant,
 1375  or aquatic life, of the state caused by any violation. The
 1376  department may order that the violator pay a specified sum as
 1377  damages to the state. Judgment for the amount of damages
 1378  determined by the department may be entered in any court having
 1379  jurisdiction thereof and may be enforced as any other judgment.
 1380         (b) If the department has reason to believe a violation has
 1381  occurred, it may institute an administrative proceeding to order
 1382  the prevention, abatement, or control of the conditions creating
 1383  the violation or other appropriate corrective action. Except for
 1384  violations involving hazardous wastes, asbestos, or underground
 1385  injection, the department shall proceed administratively in all
 1386  cases in which the department seeks administrative penalties
 1387  that do not exceed $50,000 per assessment as calculated in
 1388  accordance with subsections (3), (4), (5), (6), and (7).
 1389  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 1390  assessed pursuant to subsection (3), subsection (4), or
 1391  subsection (5) against a public water system serving a
 1392  population of more than 10,000 may not be less than $1,000 per
 1393  day per violation. The department may not impose administrative
 1394  penalties in excess of $50,000 in a notice of violation. The
 1395  department may not have more than one notice of violation
 1396  seeking administrative penalties pending against the same party
 1397  at the same time unless the violations occurred at a different
 1398  site or the violations were discovered by the department
 1399  subsequent to the filing of a previous notice of violation.
 1400         (c) An administrative proceeding shall be instituted by the
 1401  department’s serving of a written notice of violation upon the
 1402  alleged violator by certified mail. If the department is unable
 1403  to effect service by certified mail, the notice of violation may
 1404  be hand delivered or personally served in accordance with
 1405  chapter 48. The notice shall specify the law, rule, regulation,
 1406  permit, certification, or order of the department alleged to be
 1407  violated and the facts alleged to constitute a violation
 1408  thereof. An order for corrective action, penalty assessment, or
 1409  damages may be included with the notice. When the department is
 1410  seeking to impose an administrative penalty for any violation by
 1411  issuing a notice of violation, any corrective action needed to
 1412  correct the violation or damages caused by the violation must be
 1413  pursued in the notice of violation or they are waived. However,
 1414  an order is not effective until after service and an
 1415  administrative hearing, if requested within 20 days after
 1416  service. Failure to request an administrative hearing within
 1417  this time period constitutes a waiver thereof, unless the
 1418  respondent files a written notice with the department within
 1419  this time period opting out of the administrative process
 1420  initiated by the department to impose administrative penalties.
 1421  Any respondent choosing to opt out of the administrative process
 1422  initiated by the department in an action that seeks the
 1423  imposition of administrative penalties must file a written
 1424  notice with the department within 20 days after service of the
 1425  notice of violation opting out of the administrative process. A
 1426  respondent’s decision to opt out of the administrative process
 1427  does not preclude the department from initiating a state court
 1428  action seeking injunctive relief, damages, and the judicial
 1429  imposition of civil penalties.
 1430         (d) If a person timely files a petition challenging a
 1431  notice of violation, that person will thereafter be referred to
 1432  as the respondent. The hearing requested by the respondent shall
 1433  be held within 180 days after the department has referred the
 1434  initial petition to the Division of Administrative Hearings
 1435  unless the parties agree to a later date. The department has the
 1436  burden of proving with the preponderance of the evidence that
 1437  the respondent is responsible for the violation. Administrative
 1438  penalties should not be imposed unless the department satisfies
 1439  that burden. Following the close of the hearing, the
 1440  administrative law judge shall issue a final order on all
 1441  matters, including the imposition of an administrative penalty.
 1442  When the department seeks to enforce that portion of a final
 1443  order imposing administrative penalties pursuant to s. 120.69,
 1444  the respondent may not assert as a defense the inappropriateness
 1445  of the administrative remedy. The department retains its final
 1446  order authority in all administrative actions that do not
 1447  request the imposition of administrative penalties.
 1448         (e) After filing a petition requesting a formal hearing in
 1449  response to a notice of violation in which the department
 1450  imposes an administrative penalty, a respondent may request that
 1451  a private mediator be appointed to mediate the dispute by
 1452  contacting the Florida Conflict Resolution Consortium within 10
 1453  days after receipt of the initial order from the administrative
 1454  law judge. The Florida Conflict Resolution Consortium shall pay
 1455  all of the costs of the mediator and for up to 8 hours of the
 1456  mediator’s time per case at $150 per hour. Upon notice from the
 1457  respondent, the Florida Conflict Resolution Consortium shall
 1458  provide to the respondent a panel of possible mediators from the
 1459  area in which the hearing on the petition would be heard. The
 1460  respondent shall select the mediator and notify the Florida
 1461  Conflict Resolution Consortium of the selection within 15 days
 1462  of receipt of the proposed panel of mediators. The Florida
 1463  Conflict Resolution Consortium shall provide all of the
 1464  administrative support for the mediation process. The mediation
 1465  must be completed at least 15 days before the final hearing date
 1466  set by the administrative law judge.
 1467         (f) In any administrative proceeding brought by the
 1468  department, the prevailing party shall recover all costs as
 1469  provided in ss. 57.041 and 57.071. The costs must be included in
 1470  the final order. The respondent is the prevailing party when an
 1471  order is entered awarding no penalties to the department and
 1472  such order has not been reversed on appeal or the time for
 1473  seeking judicial review has expired. The respondent is entitled
 1474  to an award of attorney fees if the administrative law judge
 1475  determines that the notice of violation issued by the department
 1476  seeking the imposition of administrative penalties was not
 1477  substantially justified as defined in s. 57.111(3)(e). An award
 1478  of attorney fees as provided by this subsection may not exceed
 1479  $15,000.
 1480         (g) This section does not prevent any other legal or
 1481  administrative action in accordance with law and does not limit
 1482  the department’s authority provided in ss. 403.131, 403.141, and
 1483  this section to judicially pursue injunctive relief. When the
 1484  department exercises its authority to judicially pursue
 1485  injunctive relief, penalties in any amount up to the statutory
 1486  maximum sought by the department must be pursued as part of the
 1487  state court action and not by initiating a separate
 1488  administrative proceeding. The department retains the authority
 1489  to judicially pursue penalties in excess of $50,000 for
 1490  violations not specifically included in the administrative
 1491  penalty schedule, or for multiple or multiday violations alleged
 1492  to exceed a total of $50,000. The department also retains the
 1493  authority provided in ss. 403.131, 403.141, and this section to
 1494  judicially pursue injunctive relief and damages, if a notice of
 1495  violation seeking the imposition of administrative penalties has
 1496  not been issued. The department has the authority to enter into
 1497  a settlement, before or after initiating a notice of violation,
 1498  and the settlement may include a penalty amount different from
 1499  the administrative penalty schedule. Any case filed in state
 1500  court because it is alleged to exceed a total of $50,000 in
 1501  penalties may be settled in the court action for less than
 1502  $50,000.
 1503         (h) Chapter 120 applies to any administrative action taken
 1504  by the department or any delegated program pursuing
 1505  administrative penalties in accordance with this section.
 1506         (3) Except for violations involving hazardous wastes,
 1507  asbestos, or underground injection, administrative penalties
 1508  must be calculated according to the following schedule:
 1509         (a) For a drinking water contamination violation, the
 1510  department shall assess a penalty of $3,000 for a Maximum
 1511  Containment Level (MCL) violation; plus $1,500 if the violation
 1512  is for a primary inorganic, organic, or radiological Maximum
 1513  Contaminant Level or it is a fecal coliform bacteria violation;
 1514  plus $1,500 if the violation occurs at a community water system;
 1515  and plus $1,500 if any Maximum Contaminant Level is exceeded by
 1516  more than 100 percent. For failure to obtain a clearance letter
 1517  before placing a drinking water system into service when the
 1518  system would not have been eligible for clearance, the
 1519  department shall assess a penalty of $4,500.
 1520         (b) For failure to obtain a required wastewater permit,
 1521  other than a permit required for surface water discharge, or
 1522  obtain an onsite sewage treatment and disposal system permit, or
 1523  for a violation of s. 381.0065, or the creation of or
 1524  maintenance of a nuisance related to an onsite sewage treatment
 1525  and disposal system under part I of chapter 386, or for a
 1526  violation of part III of chapter 489, or any rule properly
 1527  promulgated thereunder, the department shall assess a penalty of
 1528  $2,000. For a domestic or industrial wastewater violation, not
 1529  involving a surface water or groundwater quality violation, the
 1530  department shall assess a penalty of $4,000 for an unpermitted
 1531  or unauthorized discharge or effluent-limitation exceedance or
 1532  for failure to comply with s. 403.061(14) or s. 403.086(7) or
 1533  rules adopted thereunder. For an unpermitted or unauthorized
 1534  discharge or effluent-limitation exceedance that resulted in a
 1535  surface water or groundwater quality violation, the department
 1536  shall assess a penalty of $10,000. Each day the cause of an
 1537  unauthorized discharge of domestic wastewater or sanitary
 1538  nuisance is not addressed constitutes a separate offense.
 1539         (c) For a dredge and fill or stormwater violation, the
 1540  department shall assess a penalty of $1,500 for unpermitted or
 1541  unauthorized dredging or filling or unauthorized construction of
 1542  a stormwater management system against the person or persons
 1543  responsible for the illegal dredging or filling, or unauthorized
 1544  construction of a stormwater management system plus $3,000 if
 1545  the dredging or filling occurs in an aquatic preserve, an
 1546  Outstanding Florida Water, a conservation easement, or a Class I
 1547  or Class II surface water, plus $1,500 if the area dredged or
 1548  filled is greater than one-quarter acre but less than or equal
 1549  to one-half acre, and plus $1,500 if the area dredged or filled
 1550  is greater than one-half acre but less than or equal to one
 1551  acre. The administrative penalty schedule does not apply to a
 1552  dredge and fill violation if the area dredged or filled exceeds
 1553  one acre. The department retains the authority to seek the
 1554  judicial imposition of civil penalties for all dredge and fill
 1555  violations involving more than one acre. The department shall
 1556  assess a penalty of $4,500 for the failure to complete required
 1557  mitigation, failure to record a required conservation easement,
 1558  or for a water quality violation resulting from dredging or
 1559  filling activities, stormwater construction activities or
 1560  failure of a stormwater treatment facility. For stormwater
 1561  management systems serving less than 5 acres, the department
 1562  shall assess a penalty of $3,000 for the failure to properly or
 1563  timely construct a stormwater management system. In addition to
 1564  the penalties authorized in this subsection, the department
 1565  shall assess a penalty of $7,500 per violation against the
 1566  contractor or agent of the owner or tenant that conducts
 1567  unpermitted or unauthorized dredging or filling. For purposes of
 1568  this paragraph, the preparation or signing of a permit
 1569  application by a person currently licensed under chapter 471 to
 1570  practice as a professional engineer does not make that person an
 1571  agent of the owner or tenant.
 1572         (d) For mangrove trimming or alteration violations, the
 1573  department shall assess a penalty of $7,500 per violation
 1574  against the contractor or agent of the owner or tenant that
 1575  conducts mangrove trimming or alteration without a permit as
 1576  required by s. 403.9328. For purposes of this paragraph, the
 1577  preparation or signing of a permit application by a person
 1578  currently licensed under chapter 471 to practice as a
 1579  professional engineer does not make that person an agent of the
 1580  owner or tenant.
 1581         (e) For solid waste violations, the department shall assess
 1582  a penalty of $3,000 for the unpermitted or unauthorized disposal
 1583  or storage of solid waste; plus $1,000 if the solid waste is
 1584  Class I or Class III (excluding yard trash) or if the solid
 1585  waste is construction and demolition debris in excess of 20
 1586  cubic yards, plus $1,500 if the waste is disposed of or stored
 1587  in any natural or artificial body of water or within 500 feet of
 1588  a potable water well, plus $1,500 if the waste contains PCB at a
 1589  concentration of 50 parts per million or greater; untreated
 1590  biomedical waste; friable asbestos greater than 1 cubic meter
 1591  which is not wetted, bagged, and covered; used oil greater than
 1592  25 gallons; or 10 or more lead acid batteries. The department
 1593  shall assess a penalty of $4,500 for failure to properly
 1594  maintain leachate control; unauthorized burning; failure to have
 1595  a trained spotter on duty at the working face when accepting
 1596  waste; or failure to provide access control for three
 1597  consecutive inspections. The department shall assess a penalty
 1598  of $3,000 for failure to construct or maintain a required
 1599  stormwater management system.
 1600         (f) For an air emission violation, the department shall
 1601  assess a penalty of $1,500 for an unpermitted or unauthorized
 1602  air emission or an air-emission-permit exceedance, plus $4,500
 1603  if the emission was from a major source and the source was major
 1604  for the pollutant in violation; plus $1,500 if the emission was
 1605  more than 150 percent of the allowable level.
 1606         (g) For storage tank system and petroleum contamination
 1607  violations, the department shall assess a penalty of $7,500 for
 1608  failure to empty a damaged storage system as necessary to ensure
 1609  that a release does not occur until repairs to the storage
 1610  system are completed; when a release has occurred from that
 1611  storage tank system; for failure to timely recover free product;
 1612  or for failure to conduct remediation or monitoring activities
 1613  until a no-further-action or site-rehabilitation completion
 1614  order has been issued. The department shall assess a penalty of
 1615  $4,500 for failure to timely upgrade a storage tank system. The
 1616  department shall assess a penalty of $3,000 for failure to
 1617  conduct or maintain required release detection; failure to
 1618  timely investigate a suspected release from a storage system;
 1619  depositing motor fuel into an unregistered storage tank system;
 1620  failure to timely assess or remediate petroleum contamination;
 1621  or failure to properly install a storage tank system. The
 1622  department shall assess a penalty of $1,500 for failure to
 1623  properly operate, maintain, or close a storage tank system.
 1624         (4) In an administrative proceeding, in addition to the
 1625  penalties that may be assessed under subsection (3), the
 1626  department shall assess administrative penalties according to
 1627  the following schedule:
 1628         (a) For failure to satisfy financial responsibility
 1629  requirements or for violation of s. 377.371(1), $7,500.
 1630         (b) For failure to install, maintain, or use a required
 1631  pollution control system or device, $6,000.
 1632         (c) For failure to obtain a required permit before
 1633  construction or modification, $4,500.
 1634         (d) For failure to conduct required monitoring or testing;
 1635  failure to conduct required release detection; or failure to
 1636  construct in compliance with a permit, $3,000.
 1637         (e) For failure to maintain required staff to respond to
 1638  emergencies; failure to conduct required training; failure to
 1639  prepare, maintain, or update required contingency plans; failure
 1640  to adequately respond to emergencies to bring an emergency
 1641  situation under control; or failure to submit required
 1642  notification to the department, $1,500.
 1643         (f) Except as provided in subsection (2) with respect to
 1644  public water systems serving a population of more than 10,000,
 1645  for failure to prepare, submit, maintain, or use required
 1646  reports or other required documentation, $750.
 1647         (5) Except as provided in subsection (2) with respect to
 1648  public water systems serving a population of more than 10,000,
 1649  for failure to comply with any other departmental regulatory
 1650  statute or rule requirement not otherwise identified in this
 1651  section, the department may assess a penalty of $1,000.
 1652         (6) For each additional day during which a violation
 1653  occurs, the administrative penalties in subsections (3)-(5) may
 1654  be assessed per day per violation.
 1655         (7) The history of noncompliance of the violator for any
 1656  previous violation resulting in an executed consent order, but
 1657  not including a consent order entered into without a finding of
 1658  violation, or resulting in a final order or judgment after the
 1659  effective date of this law involving the imposition of $3,000 or
 1660  more in penalties shall be taken into consideration in the
 1661  following manner:
 1662         (a) One previous such violation within 5 years before the
 1663  filing of the notice of violation will result in a 25-percent
 1664  per day increase in the scheduled administrative penalty.
 1665         (b) Two previous such violations within 5 years before the
 1666  filing of the notice of violation will result in a 50-percent
 1667  per day increase in the scheduled administrative penalty.
 1668         (c) Three or more previous such violations within 5 years
 1669  before the filing of the notice of violation will result in a
 1670  100-percent per day increase in the scheduled administrative
 1671  penalty.
 1672         (8) The direct economic benefit gained by the violator from
 1673  the violation, where consideration of economic benefit is
 1674  provided by Florida law or required by federal law as part of a
 1675  federally delegated or approved program, must be added to the
 1676  scheduled administrative penalty. The total administrative
 1677  penalty, including any economic benefit added to the scheduled
 1678  administrative penalty, may not exceed $15,000.
 1679         (9) The administrative penalties assessed for any
 1680  particular violation may not exceed $10,000 against any one
 1681  violator, unless the violator has a history of noncompliance,
 1682  the economic benefit of the violation as described in subsection
 1683  (8) exceeds $10,000, or there are multiday violations. The total
 1684  administrative penalties may not exceed $50,000 per assessment
 1685  for all violations attributable to a specific person in the
 1686  notice of violation.
 1687         (10) The administrative law judge may receive evidence in
 1688  mitigation. The penalties identified in subsections (3)-(5) may
 1689  be reduced up to 50 percent by the administrative law judge for
 1690  mitigating circumstances, including good faith efforts to comply
 1691  before or after discovery of the violations by the department.
 1692  Upon an affirmative finding that the violation was caused by
 1693  circumstances beyond the reasonable control of the respondent
 1694  and could not have been prevented by respondent’s due diligence,
 1695  the administrative law judge may further reduce the penalty.
 1696         (11) Penalties collected pursuant to this section must
 1697  shall be deposited into the Water Quality Assurance Trust Fund
 1698  or other trust fund designated by statute and shall be used to
 1699  fund the restoration of ecosystems, or polluted areas of the
 1700  state, as defined by the department, to their condition before
 1701  pollution occurred. The Florida Conflict Resolution Consortium
 1702  may use a portion of the fund to administer the mediation
 1703  process provided in paragraph (2)(e) and to contract with
 1704  private mediators for administrative penalty cases.
 1705         (12) The purpose of the administrative penalty schedule and
 1706  process is to provide a more predictable and efficient manner
 1707  for individuals and businesses to resolve relatively minor
 1708  environmental disputes. Subsections (3)-(7) may not be construed
 1709  as limiting a state court in the assessment of damages. The
 1710  administrative penalty schedule does not apply to the judicial
 1711  imposition of civil penalties in state court as provided in this
 1712  section.
 1713         Section 15. Subsection (1) of section 403.0671, Florida
 1714  Statutes, is amended to read:
 1715         403.0671 Basin management action plan wastewater reports.—
 1716         (1) By July 1, 2021, the department, in coordination with
 1717  the county health departments, wastewater treatment facilities,
 1718  and other governmental entities, shall submit a report to the
 1719  Governor, the President of the Senate, and the Speaker of the
 1720  House of Representatives evaluating the costs of wastewater
 1721  projects identified in the basin management action plans
 1722  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1723  sewage treatment and disposal system remediation plans and other
 1724  restoration plans developed to meet the total maximum daily
 1725  loads required under s. 403.067. The report must include all of
 1726  the following:
 1727         (a) Projects to:
 1728         1. Replace onsite sewage treatment and disposal systems
 1729  with enhanced nutrient-reducing onsite sewage treatment and
 1730  disposal systems.
 1731         2. Install or retrofit onsite sewage treatment and disposal
 1732  systems with enhanced nutrient-reducing technologies.
 1733         3. Construct, upgrade, or expand domestic wastewater
 1734  treatment facilities to meet the domestic wastewater treatment
 1735  plan required under s. 403.067(7)(a)9.
 1736         4. Connect onsite sewage treatment and disposal systems to
 1737  domestic wastewater treatment facilities.;
 1738         (b) The estimated costs, nutrient load reduction estimates,
 1739  and other benefits of each project.;
 1740         (c) The estimated implementation timeline for each
 1741  project.;
 1742         (d) A proposed 5-year funding plan for each project and the
 1743  source and amount of financial assistance the department, a
 1744  water management district, or other project partner will make
 1745  available to fund the project.; and
 1746         (e) The projected costs of installing enhanced nutrient
 1747  reducing onsite sewage treatment and disposal systems on
 1748  buildable lots in priority focus areas to comply with s.
 1749  373.811.
 1750         Section 16. Subsection (5) of section 403.9301, Florida
 1751  Statutes, is amended to read:
 1752         403.9301 Wastewater services projections.—
 1753         (5) The Office of Economic and Demographic Research shall
 1754  evaluate the compiled documents from the counties for the
 1755  purpose of developing a statewide analysis for inclusion in the
 1756  assessment due the following January 1, 2023, pursuant to s.
 1757  403.928. Beginning July 1, 2024, and by the July 1 following
 1758  subsequent publications of the analysis required by this
 1759  section, the Office of Economic and Demographic Research shall
 1760  provide a publicly accessible data visualization tool on its
 1761  website which allows for comparative analyses of key
 1762  information.
 1763         Section 17. Subsection (5) of section 403.9302, Florida
 1764  Statutes, is amended to read:
 1765         403.9302 Stormwater management projections.—
 1766         (5) The Office of Economic and Demographic Research shall
 1767  evaluate the compiled documents from the counties for the
 1768  purpose of developing a statewide analysis for inclusion in the
 1769  assessment due the following January 1, 2023, pursuant to s.
 1770  403.928. Beginning July 1, 2024, and by the July 1 following
 1771  subsequent publications of the analysis required by this
 1772  section, the Office of Economic and Demographic Research shall
 1773  provide a publicly accessible data visualization tool on its
 1774  website which allows for comparative analyses of key
 1775  information.
 1776         Section 18. For the purpose of incorporating the amendment
 1777  made by this act to section 253.04, Florida Statutes, in a
 1778  reference thereto, paragraph (x) of subsection (1) of section
 1779  327.73, Florida Statutes, is reenacted to read:
 1780         327.73 Noncriminal infractions.—
 1781         (1) Violations of the following provisions of the vessel
 1782  laws of this state are noncriminal infractions:
 1783         (x) Section 253.04(3)(a), relating to carelessly causing
 1784  seagrass scarring, for which the civil penalty upon conviction
 1785  is:
 1786         1. For a first offense, $100.
 1787         2. For a second offense occurring within 12 months after a
 1788  prior conviction, $250.
 1789         3. For a third offense occurring within 36 months after a
 1790  prior conviction, $500.
 1791         4. For a fourth or subsequent offense occurring within 72
 1792  months after a prior conviction, $1,000.
 1793  
 1794  Any person cited for a violation of this subsection shall be
 1795  deemed to be charged with a noncriminal infraction, shall be
 1796  cited for such an infraction, and shall be cited to appear
 1797  before the county court. The civil penalty for any such
 1798  infraction is $100, except as otherwise provided in this
 1799  section. Any person who fails to appear or otherwise properly
 1800  respond to a uniform boating citation, in addition to the charge
 1801  relating to the violation of the boating laws of this state,
 1802  must be charged with the offense of failing to respond to such
 1803  citation and, upon conviction, be guilty of a misdemeanor of the
 1804  second degree, punishable as provided in s. 775.082 or s.
 1805  775.083. A written warning to this effect shall be provided at
 1806  the time such uniform boating citation is issued.
 1807         Section 19. For the purpose of incorporating the amendment
 1808  made by this act to section 381.0061, Florida Statutes, in
 1809  references thereto, paragraph (a) of subsection (4) and
 1810  paragraph (a) of subsection (6) of section 381.0072, Florida
 1811  Statutes, are reenacted to read:
 1812         381.0072 Food service protection.—
 1813         (4) LICENSES REQUIRED.—
 1814         (a) Licenses; annual renewals.—Each food service
 1815  establishment regulated under this section shall obtain a
 1816  license from the department annually. Food service establishment
 1817  licenses shall expire annually and are not transferable from one
 1818  place or individual to another. However, those facilities
 1819  licensed by the department’s Office of Licensure and
 1820  Certification, the Child Care Services Program Office, or the
 1821  Agency for Persons with Disabilities are exempt from this
 1822  subsection. It shall be a misdemeanor of the second degree,
 1823  punishable as provided in s. 381.0061, s. 775.082, or s.
 1824  775.083, for such an establishment to operate without this
 1825  license. The department may refuse a license, or a renewal
 1826  thereof, to any establishment that is not constructed or
 1827  maintained in accordance with law and with the rules of the
 1828  department. Annual application for renewal is not required.
 1829         (6) FINES; SUSPENSION OR REVOCATION OF LICENSES;
 1830  PROCEDURE.—
 1831         (a) The department may impose fines against the
 1832  establishment or operator regulated under this section for
 1833  violations of sanitary standards, in accordance with s.
 1834  381.0061. All amounts collected shall be deposited to the credit
 1835  of the County Health Department Trust Fund administered by the
 1836  department.
 1837         Section 20. For the purpose of incorporating the amendment
 1838  made by this act to section 381.0061, Florida Statutes, in a
 1839  reference thereto, subsection (4) of section 381.0086, Florida
 1840  Statutes, is reenacted to read:
 1841         381.0086 Rules; variances; penalties.—
 1842         (4) A person who violates any provision of ss. 381.008
 1843  381.00895 or rules adopted under such sections is subject either
 1844  to the penalties provided in ss. 381.0012 and 381.0061 or to the
 1845  penalties provided in s. 381.0087.
 1846         Section 21. For the purpose of incorporating the amendment
 1847  made by this act to section 381.0061, Florida Statutes, in a
 1848  reference thereto, subsection (7) of section 381.0098, Florida
 1849  Statutes, is reenacted to read:
 1850         381.0098 Biomedical waste.—
 1851         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1852  violation of this section or rules adopted under this section is
 1853  subject to penalties provided in ss. 381.0012 and 381.0061.
 1854  However, an administrative fine not to exceed $2,500 may be
 1855  imposed for each day such person or public body is in violation
 1856  of this section. The department may deny, suspend, or revoke any
 1857  biomedical waste permit or registration if the permittee
 1858  violates this section, any rule adopted under this section, or
 1859  any lawful order of the department.
 1860         Section 22. For the purpose of incorporating the amendment
 1861  made by this act to section 381.0061, Florida Statutes, in a
 1862  reference thereto, subsection (2) of section 513.10, Florida
 1863  Statutes, is reenacted to read:
 1864         513.10 Operating without permit; enforcement of chapter;
 1865  penalties.—
 1866         (2) This chapter or rules adopted under this chapter may be
 1867  enforced in the manner provided in s. 381.0012 and as provided
 1868  in this chapter. Violations of this chapter and the rules
 1869  adopted under this chapter are subject to the penalties provided
 1870  in this chapter and in s. 381.0061.
 1871         Section 23. This act shall take effect July 1, 2024.