Florida 2022 2022 Regular Session

Florida House Bill H0783 Introduced / Bill

Filed 11/30/2021

                       
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to soil and water conservation 2 
districts; repealing ch. 582, F.S., relating to soil 3 
and water conservation districts; abolishing all soil 4 
and water conservation districts in the state; 5 
transferring the assets and liabilities of such 6 
districts; amending ss. 120.52, 189.0695, 259.032, 7 
259.036, 373.1391, 373.1401, 373.591, 403.067, 570.66, 8 
and 570.921, F.S.; conforming provisions to changes 9 
made by the act; providing an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Chapter 582, Florida Statutes, consisting of 14 
sections 582.01, 582.02, 582.055, 582.06, 582.10, 582.11, 15 
582.12, 582.13, 582.14, 582.15, 582 .16, 582.18, 582.19, 582.20, 16 
582.28, 582.29, 582.30, 582.31, and 582.32, is repealed. 17 
 Section 2.  The following soil and water conservation 18 
districts are abolished and all assets and liabilities of each 19 
district are transferred to the Northwest Florida Water 20 
Management District: 21 
 (1)  Escambia Soil and Water Conservation District. 22 
 (2)  Yellow River Soil and Water Conservation District. 23 
 (3)  Choctawhatchee River Soil and Water Conservation 24 
District. 25     
 
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 (4)  Holmes Creek Soil and Water Conservation Distric t. 26 
 (5)  Orange Hill Soil and Water Conservation District. 27 
 (6)  Jackson Soil and Water Conservation District. 28 
 (7)  Chipola River Soil and Water Conservation District. 29 
 (8)  Tupelo Soil and Water Conservation District. 30 
 (9)  Gadsden Soil and Water Conserv ation District. 31 
 (10) Franklin Soil and Water Conservation District. 32 
 (11) Leon Soil and Water Conservation District. 33 
 (12) Wakulla Soil and Water Conservation District. 34 
 (13) Jefferson Soil and Water Conservation District. 35 
 Section 3.  The following soil and water conservation 36 
districts are abolished and all assets and liabilities of each 37 
district are transferred to the Suwannee River Water Management 38 
District: 39 
 (1)  Taylor Soil and Water Conservation District. 40 
 (2)  Hamilton County Soil and Water Con servation District. 41 
 (3)  Suwannee County Conservation District. 42 
 (4)  Lafayette Soil and Water Conservation District. 43 
 (5)  Dixie Soil and Water Conservation District. 44 
 (6)  Santa Fe Soil and Water Conservation District. 45 
 (7)  Gilchrist Soil and Water Con servation District. 46 
 (8)  Levy Soil and Water Conservation District. 47 
 (9)  Bradford Soil and Water Conservation District. 48 
 (10) Alachua Soil and Water Conservation District. 49 
 Section 4.  The following soil and water conservation 50     
 
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districts are abolished a nd all assets and liabilities of each 51 
district are transferred to the St. Johns River Water Management 52 
District: 53 
 (1)  Nassau Soil and Water Conservation District. 54 
 (2)  Baker Soil and Water Conservation District. 55 
 (3)  Duval Soil and Water Conservation Di strict. 56 
 (4)  Clay Soil and Water Conservation District. 57 
 (5)  St. Johns Soil and Water Conservation District. 58 
 (6)  Putnam Soil and Water Conservation District. 59 
 (7)  Marion Soil and Water Conservation District. 60 
 (8)  Volusia Soil and Water Conservation D istrict. 61 
 (9)  Lake Soil and Water Conservation District. 62 
 (10)  Seminole Soil and Water Conservation District. 63 
 (11)  Orange Soil and Water Conservation District. 64 
 (12)  Brevard Soil and Water Conservation District. 65 
 (13)  Indian River Soil and Water Conservation District. 66 
 Section 5.  The following soil and water conservation 67 
districts are abolished and all assets and liabilities of each 68 
district are transferred to the Southwest Florida Water 69 
Management District: 70 
 (1)  Sumter Soil and Water Conservation District. 71 
 (2)  Polk Soil and Water Conservation District. 72 
 (3)  Hillsborough Soil and Water Conservation District. 73 
 (4)  Manatee River Soil and Water Conservation District. 74 
 (5)  Hardee Soil and Water Conservation District. 75     
 
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 (6)  Peace River Soil and Water Conservation District. 76 
 (7)  Sarasota Soil and Water Conservation District. 77 
 (8)  Charlotte Soil and Water Conservation District. 78 
 Section 6.  The following soil and water conservation 79 
districts are abolished and all assets and liabilities of each 80 
district are transferred to the South Florida Water Management 81 
District: 82 
 (1)  Osceola Soil and Water Conservation District. 83 
 (2)  Okeechobee Soil and Water Conservation District. 84 
 (3)  Highlands Soil and Water Conservation District. 85 
 (4)  Collier Soil and Water Conservation District. 86 
 (5)  St. Lucie Soil and Water Conservation District. 87 
 (6)  Martin Soil and Water Conservation District. 88 
 (7)  Palm Beach Soil and Water Conservation District. 89 
 (8)  Broward Soil and Water Conservation District. 90 
 (9)  South Dade Soil and Water Conservation District. 91 
 Section 7.  The Blackwater Soil and Water Conservation 92 
District is dissolved and the assets and liabilities of the 93 
district are transferred to Santa Rosa County. 94 
 Section 8.  The Glades Soil and Water Conservation District 95 
is dissolved and the assets and liabilities of the district are 96 
transferred to Glades County. 97 
 Section 9.  The Hendry Soil and Water Conservation District 98 
is dissolved and the assets and liabilities of the district are 99 
transferred to Hendry County. 100     
 
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 Section 10.  The Madison Soil and Water Conservation 101 
District is dissolved and the assets and liabilities of the 102 
district are transferred to Madison County. 103 
 Section 11.  The Union Soil and Water Conservation District 104 
is dissolved and the assets and liabilities of the district are 105 
transferred to Union County. 106 
 Section 12.  Paragraph (a) of subsection (1) of section 107 
120.52, Florida Statutes, is amended to read: 108 
 120.52  Definitions. —As used in this act: 109 
 (1)  "Agency" means the follow ing officers or governmental 110 
entities if acting pursuant to powers other than those derived 111 
from the constitution: 112 
 (a)  The Governor; each state officer and state department, 113 
and each departmental unit described in s. 20.04; the Board of 114 
Governors of the State University System; the Commission on 115 
Ethics; the Fish and Wildlife Conservation Commission; a 116 
regional water supply authority; a regional planning agency; a 117 
multicounty special district, but only if a majority of its 118 
governing board is comprised of n onelected persons; educational 119 
units; and each entity described in chapters 163, 373, and 380, 120 
and 582 and s. 186.504. 121 
 122 
This definition does not include a municipality or legal entity 123 
created solely by a municipality; a legal entity or agency 124 
created in whole or in part pursuant to part II of chapter 361; 125     
 
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a metropolitan planning organization created pursuant to s. 126 
339.175; a separate legal or administrative entity created 127 
pursuant to s. 339.175 of which a metropolitan planning 128 
organization is a member; an e xpressway authority pursuant to 129 
chapter 348 or any transportation authority or commission under 130 
chapter 343 or chapter 349; or a legal or administrative entity 131 
created by an interlocal agreement pursuant to s. 163.01(7), 132 
unless any party to such agreement is otherwise an agency as 133 
defined in this subsection. 134 
 Section 13.  Subsection (3) of section 189.0695, Florida 135 
Statutes, is amended to read: 136 
 189.0695  Independent special districts; performance 137 
reviews.— 138 
 (3)  The Office of Program Policy Analysis and Government 139 
Accountability must conduct a performance review of all 140 
independent mosquito control special districts within the 141 
classifications described in paragraphs (a) and (b) and may 142 
contract as needed to co mplete the requirements of this 143 
subsection. The Office of Program Policy Analysis and Government 144 
Accountability shall submit the final report of the performance 145 
review to the President of the Senate and the Speaker of the 146 
House of Representatives as follows: 147 
 (a)  For all independent mosquito control districts as 148 
defined in s. 388.011, no later than September 30, 2023. 149 
 (b)  For all soil and water conservation districts as 150     
 
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defined in s. 582.01, no later than September 30, 2024. 151 
 Section 14.  Subsection (5 ), paragraphs (d) and (e) of 152 
subsection (7), and paragraph (b) of subsection (8) of section 153 
259.032, Florida Statutes, are amended to read: 154 
 259.032  Conservation and recreation lands. — 155 
 (5)  The board of trustees may enter into any contract 156 
necessary to accomplish the purposes of this section. The lead 157 
land managing agencies designated by the board of trustees also 158 
are directed by the Legislature to enter into contracts or 159 
interagency agreements with other governmental entities , 160 
including local soil and wa ter conservation districts, or 161 
private land managers who have the expertise to perform specific 162 
management activities which a lead agency lacks, or which would 163 
cost more to provide in -house. Such activities shall include, 164 
but not be limited to, controlled burning, road and ditch 165 
maintenance, mowing, and wildlife assessments. 166 
 (7)  All lands managed under this chapter and s. 253.034 167 
shall be: 168 
 (d)  Concurrent with the approval of the acquisition 169 
contract pursuant to s. 253.025(4)(c) for any interest in lands 170 
except those lands acquired pursuant to s. 259.1052, the board 171 
shall designate an agency or agencies to manage such lands. The 172 
board shall evaluate and amend, as appropriate, the management 173 
policy statement for the project as provided by s. 259.035 to 174 
ensure that the policy statement is compatible with 175     
 
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conservation, recreation, or both. For any fee simple 176 
acquisition of a parcel which is or will be leased back for 177 
agricultural purposes, or any acquisition of a less than fee 178 
interest in land that is or will be used for agricultural 179 
purposes, the board shall first consider having a soil and water 180 
conservation district, created pursuant to chapter 582, manage 181 
and monitor such interests. 182 
 (e)  State agencies designated to manage lands acquired 183 
under this chapter or with funds deposited into the Land 184 
Acquisition Trust Fund, except those lands acquired under s. 185 
259.1052, may contract with local governments and soil and water 186 
conservation districts to assist in management activities, 187 
including the responsibility of being the lead land manager. 188 
Such land management contracts may include a provision for the 189 
transfer of management funding to the local government or soil 190 
and water conservation district from the land acquisition trust 191 
fund of the lead land managing agenc y in an amount adequate for 192 
the local government or soil and water conservation district to 193 
perform its contractual land management responsibilities and 194 
proportionate to its responsibilities, and which otherwise would 195 
have been expended by the state agency to manage the property. 196 
 (8) 197 
 (b)  Individual management plans required by s. 253.034(5), 198 
for parcels over 160 acres, shall be developed with input from 199 
an advisory group. Members of this advisory group shall include, 200     
 
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at a minimum, representatives of the lead land managing agency, 201 
comanaging entities, local private property owners, the 202 
appropriate soil and water conservation district, a local 203 
conservation organization, and a local elected official. If 204 
habitat or potentially restorable habitat for imperiled species 205 
is located on state lands, the Fish and Wildlife Conservation 206 
Commission and the Department of Agriculture and Consumer 207 
Services shall be included on any advisory group required under 208 
chapter 253, and the short -term and long-term management goals 209 
required under chapter 253 must advance the goals and objectives 210 
of imperiled species management without restricting other uses 211 
identified in the management plan. The advisory group shall 212 
conduct at least one public hearing within the county in which 213 
the parcel or project is located. For those parcels or projects 214 
that are within more than one county, at least one areawide 215 
public hearing shall be acceptable and the lead managing agency 216 
shall invite a local elected official from each county. The 217 
areawide public hearing shall be held in the county in which the 218 
core parcels are located. Notice of such public hearing shall be 219 
posted on the parcel or project designated for management, 220 
advertised in a paper of general circulation, and announced at a 221 
scheduled meeting of the local governing body before the actual 222 
public hearing. The management prospectus required pursuant to 223 
paragraph (7)(c) sha ll be available to the public for a period 224 
of 30 days before the public hearing. 225     
 
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 226 
By July 1 of each year, each governmental agency and each 227 
private entity designated to manage lands shall report to the 228 
Secretary of Environmental Protection on the progress of 229 
funding, staffing, and resource management of every project for 230 
which the agency or entity is responsible. 231 
 Section 15.  Paragraph (a) of subsection (1) of section 232 
259.036, Florida Statutes, is amended to read: 233 
 259.036  Management review teams. — 234 
 (1) To determine whether conservation, preservation, and 235 
recreation lands titled in the name of the board are being 236 
managed for purposes that are compatible with conservation, 237 
preservation, or recreation in accordance with a land management 238 
plan adopted pursuant to s. 259.032, the board, acting through 239 
the department, shall cause periodic management reviews to be 240 
conducted as follows: 241 
 (a)  The department shall establish a regional land 242 
management review team composed of the following members: 243 
 1.  One individual who is from the county or local 244 
community in which the parcel or project is located and who is 245 
selected by the county commission in the county which is most 246 
impacted by the acquisition. 247 
 2.  One individual from the Division of Recreation and 248 
Parks of the department. 249 
 3.  One individual from the Florida Forest Service of the 250     
 
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Department of Agriculture and Consumer Services. 251 
 4.  One individual from the Fish and Wildlife Conservation 252 
Commission. 253 
 5.  One individual from the department's district office in 254 
which the parcel is located. 255 
 6.  A private land manager, preferably from the local 256 
community, mutually agreeable to the state agency 257 
representatives. 258 
 7.  A member or staff from the jurisdictional water 259 
management district or local soil and water conserv ation 260 
district board of supervisors . 261 
 8.  A member of a conservation organization. 262 
 Section 16.  Paragraph (d) of subsection (1) of section 263 
373.1391, Florida Statutes, is amended to read: 264 
 373.1391  Management of real property. — 265 
 (1) 266 
 (d)  For any fee simple acquisition of a parcel which is or 267 
will be leased back for agricultural purposes, or for any 268 
acquisition of a less -than-fee interest in lands that is or will 269 
be used for agricultural purposes, the district governing board 270 
shall first consider havin g a soil and water conservation 271 
district created pursuant to chapter 582 manage and monitor such 272 
interest. 273 
 Section 17.  Section 373.1401, Florida Statutes, is amended 274 
to read: 275     
 
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 373.1401  Management of lands of water management 276 
districts.—In addition to provisions contained in s. 373.1391(1) 277 
for soil and water conservation districts, The governing board 278 
of each water management district may contract with a 279 
nongovernmental person or entity, any federal or state agency, a 280 
county, a municipality, or any othe r governmental entity, or 281 
environmental nonprofit organization to provide for the 282 
improvement, management, or maintenance of any real property 283 
owned by or under the control of the district. 284 
 Section 18.  Paragraph (d) of subsection (1) of section 285 
373.591, Florida Statutes, is amended to read: 286 
 373.591  Management review teams. — 287 
 (1)  To determine whether conservation, preservation, and 288 
recreation lands titled in the names of the water management 289 
districts are being managed for the purposes for which they were 290 
acquired and in accordance with land management objectives, the 291 
water management districts shall establish land management 292 
review teams to conduct periodic management reviews. The land 293 
management review teams shall be composed of the following 294 
members: 295 
 (d)  A member of the local soil and water conservation 296 
district board of supervisors. 297 
 Section 19.  Subsection (1), paragraph (a) of subsection 298 
(3), paragraph (a) of subsection (6), and paragraph (a) of 299 
subsection (7) of section 403.067, Florida Statu tes, are amended 300     
 
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to read: 301 
 403.067  Establishment and implementation of total maximum 302 
daily loads.— 303 
 (1)  LEGISLATIVE FINDINGS AND INTENT. —In furtherance of 304 
public policy established in s. 403.021, the Legislature 305 
declares that the waters of the state are among its most basic 306 
resources and that the development of a total maximum daily load 307 
program for state waters as required by s. 303(d) of the Clean 308 
Water Act, Pub. L. No. 92 -500, 33 U.S.C. ss. 1251 et seq. will 309 
promote improvements in water quality throug hout the state 310 
through the coordinated control of point and nonpoint sources of 311 
pollution. The Legislature finds that, while point and nonpoint 312 
sources of pollution have been managed through numerous 313 
programs, better coordination among these efforts and ad ditional 314 
management measures may be needed in order to achieve the 315 
restoration of impaired water bodies. The scientifically based 316 
total maximum daily load program is necessary to fairly and 317 
equitably allocate pollution loads to both nonpoint and point 318 
sources. Implementation of the allocation shall include 319 
consideration of a cost -effective approach coordinated between 320 
contributing point and nonpoint sources of pollution for 321 
impaired water bodies or water body segments and may include the 322 
opportunity to implement the allocation through nonregulatory 323 
and incentive-based programs. The Legislature further declares 324 
that the Department of Environmental Protection shall be the 325     
 
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lead agency in administering this program and shall coordinate 326 
with local governments, wa ter management districts, the 327 
Department of Agriculture and Consumer Services, local soil and 328 
water conservation districts, environmental groups, regulated 329 
interests, other appropriate state agencies, and affected 330 
pollution sources in developing and execut ing the total maximum 331 
daily load program. 332 
 (3)  ASSESSMENT.— 333 
 (a)  Based on the priority ranking and schedule for a 334 
particular listed water body or water body segment, the 335 
department shall conduct a total maximum daily load assessment 336 
of the basin in which the water body or water body segment is 337 
located using the methodology developed pursuant to paragraph 338 
(b). In conducting this assessment, the department shall 339 
coordinate with the local water management district, the 340 
Department of Agriculture and Consumer Services, other 341 
appropriate state agencies, soil and water conservation 342 
districts, environmental groups, regulated interests, and other 343 
interested parties. 344 
 (6)  CALCULATION AND ALLOCATION. — 345 
 (a)  Calculation of total maximum daily load. 346 
 1.  Prior to developing a total maximum daily load 347 
calculation for each water body or water body segment on the 348 
list specified in subsection (4), the department shall 349 
coordinate with applicable local governments, water management 350     
 
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districts, the Department of Agriculture an d Consumer Services, 351 
other appropriate state agencies, local soil and water 352 
conservation districts, environmental groups, regulated 353 
interests, and affected pollution sources to determine the 354 
information required, accepted methods of data collection and 355 
analysis, and quality control/quality assurance requirements. 356 
The analysis may include mathematical water quality modeling 357 
using approved procedures and methods. 358 
 2.  The department shall develop total maximum daily load 359 
calculations for each water body or wa ter body segment on the 360 
list described in subsection (4) according to the priority 361 
ranking and schedule unless the impairment of such waters is due 362 
solely to activities other than point and nonpoint sources of 363 
pollution. For waters determined to be impaire d due solely to 364 
factors other than point and nonpoint sources of pollution, no 365 
total maximum daily load will be required. A total maximum daily 366 
load may be required for those waters that are impaired 367 
predominantly due to activities other than point and non point 368 
sources. The total maximum daily load calculation shall 369 
establish the amount of a pollutant that a water body or water 370 
body segment may receive from all sources without exceeding 371 
water quality standards, and shall account for seasonal 372 
variations and include a margin of safety that takes into 373 
account any lack of knowledge concerning the relationship 374 
between effluent limitations and water quality. The total 375     
 
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maximum daily load may be based on a pollutant load reduction 376 
goal developed by a water managemen t district, provided that 377 
such pollutant load reduction goal is promulgated by the 378 
department in accordance with the procedural and substantive 379 
requirements of this subsection. 380 
 (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 381 
IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 382 
 (a)  Basin management action plans. — 383 
 1.  In developing and implementing the total maximum daily 384 
load for a water body, the department, or the department in 385 
conjunction with a water management district, may develop a 386 
basin management action plan that addresses some or all of the 387 
watersheds and basins tributary to the water body. Such plan 388 
must integrate the appropriate management strategies available 389 
to the state through existing water quality protection programs 390 
to achieve the total maximum daily loads and may provide for 391 
phased implementation of these management strategies to promote 392 
timely, cost-effective actions as provided for in s. 403.151. 393 
The plan must establish a schedule implementing the management 394 
strategies, establish a basis for evaluating the plan's 395 
effectiveness, and identify feasible funding strategies for 396 
implementing the plan's management strategies. The management 397 
strategies may include regional treatment systems or other 398 
public works, when appropriate, and voluntary trading of water 399 
quality credits to achieve the needed pollutant load reductions. 400     
 
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 2.  A basin management action plan must equitably allocate, 401 
pursuant to paragraph (6)(b), pollutant reductions to individual 402 
basins, as a whole to all basins, or to each identified point 403 
source or category of nonpoint sources, as appropriate. For 404 
nonpoint sources for which best management practices have been 405 
adopted, the initial requirement specified by the plan must be 406 
those practices developed pursuant to paragraph (c). When 407 
appropriate, the plan may take into account the benefits of 408 
pollutant load reduction achieved by point or nonpoint sources 409 
that have implemented management strategies to reduce pollutant 410 
loads, including best management practices, before the 411 
development of the basin management action plan. The plan must 412 
also identify the mechanisms that will address potential future 413 
increases in pollutant loading. 414 
 3.  The basin management action planning process is 415 
intended to involve the broadest possible range of interested 416 
parties, with the objective of encouraging the greatest amount 417 
of cooperation and consensus possible. In developing a basin 418 
management action plan, the department shall assure that key 419 
stakeholders, including, but not limited to, applicable local 420 
governments, water management districts, the Department of 421 
Agriculture and Consumer Services, other appropriate state 422 
agencies, local soil and water conservation districts, 423 
environmental groups, regulated interests, and affected 424 
pollution sources, are invited to par ticipate in the process. 425     
 
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The department shall hold at least one public meeting in the 426 
vicinity of the watershed or basin to discuss and receive 427 
comments during the planning process and shall otherwise 428 
encourage public participation to the greatest practica ble 429 
extent. Notice of the public meeting must be published in a 430 
newspaper of general circulation in each county in which the 431 
watershed or basin lies at least 5 days, but not more than 15 432 
days, before the public meeting. A basin management action plan 433 
does not supplant or otherwise alter any assessment made under 434 
subsection (3) or subsection (4) or any calculation or initial 435 
allocation. 436 
 4.  Each new or revised basin management action plan shall 437 
include: 438 
 a.  The appropriate management strategies available t hrough 439 
existing water quality protection programs to achieve total 440 
maximum daily loads, which may provide for phased implementation 441 
to promote timely, cost -effective actions as provided for in s. 442 
403.151; 443 
 b.  A description of best management practices ado pted by 444 
rule; 445 
 c.  A list of projects in priority ranking with a planning -446 
level cost estimate and estimated date of completion for each 447 
listed project; 448 
 d.  The source and amount of financial assistance to be 449 
made available by the department, a water manag ement district, 450     
 
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or other entity for each listed project, if applicable; and 451 
 e.  A planning-level estimate of each listed project's 452 
expected load reduction, if applicable. 453 
 5.  The department shall adopt all or any part of a basin 454 
management action plan an d any amendment to such plan by 455 
secretarial order pursuant to chapter 120 to implement this 456 
section. 457 
 6.  The basin management action plan must include 458 
milestones for implementation and water quality improvement, and 459 
an associated water quality monitoring component sufficient to 460 
evaluate whether reasonable progress in pollutant load 461 
reductions is being achieved over time. An assessment of 462 
progress toward these milestones shall be conducted every 5 463 
years, and revisions to the plan shall be made as appropriat e. 464 
Revisions to the basin management action plan shall be made by 465 
the department in cooperation with basin stakeholders. Revisions 466 
to the management strategies required for nonpoint sources must 467 
follow the procedures in subparagraph (c)4. Revised basin 468 
management action plans must be adopted pursuant to subparagraph 469 
5. 470 
 7.  In accordance with procedures adopted by rule under 471 
paragraph (9)(c), basin management action plans, and other 472 
pollution control programs under local, state, or federal 473 
authority as provided in subsection (4), may allow point or 474 
nonpoint sources that will achieve greater pollutant reductions 475     
 
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than required by an adopted total maximum daily load or 476 
wasteload allocation to generate, register, and trade water 477 
quality credits for the excess re ductions to enable other 478 
sources to achieve their allocation; however, the generation of 479 
water quality credits does not remove the obligation of a source 480 
or activity to meet applicable technology requirements or 481 
adopted best management practices. Such plan s must allow trading 482 
between NPDES permittees, and trading that may or may not 483 
involve NPDES permittees, where the generation or use of the 484 
credits involve an entity or activity not subject to department 485 
water discharge permits whose owner voluntarily elec ts to obtain 486 
department authorization for the generation and sale of credits. 487 
 8.  The department's rule relating to the equitable 488 
abatement of pollutants into surface waters do not apply to 489 
water bodies or water body segments for which a basin management 490 
plan that takes into account future new or expanded activities 491 
or discharges has been adopted under this section. 492 
 9.  In order to promote resilient wastewater utilities, if 493 
the department identifies domestic wastewater treatment 494 
facilities or onsite sewag e treatment and disposal systems as 495 
contributors of at least 20 percent of point source or nonpoint 496 
source nutrient pollution or if the department determines 497 
remediation is necessary to achieve the total maximum daily 498 
load, a basin management action plan f or a nutrient total 499 
maximum daily load must include the following: 500     
 
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 a.  A wastewater treatment plan developed by each local 501 
government, in cooperation with the department, the water 502 
management district, and the public and private domestic 503 
wastewater treatment facilities within the jurisdiction of the 504 
local government, that addresses domestic wastewater. The 505 
wastewater treatment plan must: 506 
 (I)  Provide for construction, expansion, or upgrades 507 
necessary to achieve the total maximum daily load requirements 508 
applicable to the domestic wastewater treatment facility. 509 
 (II)  Include the permitted capacity in average annual 510 
gallons per day for the domestic wastewater treatment facility; 511 
the average nutrient concentration and the estimated average 512 
nutrient load of the domestic wastewater; a projected timeline 513 
of the dates by which the construction of any facility 514 
improvements will begin and be completed and the date by which 515 
operations of the improved facility will begin; the estimated 516 
cost of the improvements; and th e identity of responsible 517 
parties. 518 
 519 
The wastewater treatment plan must be adopted as part of the 520 
basin management action plan no later than July 1, 2025. A local 521 
government that does not have a domestic wastewater treatment 522 
facility in its jurisdiction is not required to develop a 523 
wastewater treatment plan unless there is a demonstrated need to 524 
establish a domestic wastewater treatment facility within its 525     
 
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jurisdiction to improve water quality necessary to achieve a 526 
total maximum daily load. A local governme nt is not responsible 527 
for a private domestic wastewater facility's compliance with a 528 
basin management action plan unless such facility is operated 529 
through a public-private partnership to which the local 530 
government is a party. 531 
 b.  An onsite sewage treatmen t and disposal system 532 
remediation plan developed by each local government in 533 
cooperation with the department, the Department of Health, water 534 
management districts, and public and private domestic wastewater 535 
treatment facilities. 536 
 (I)  The onsite sewage tre atment and disposal system 537 
remediation plan must identify cost -effective and financially 538 
feasible projects necessary to achieve the nutrient load 539 
reductions required for onsite sewage treatment and disposal 540 
systems. To identify cost -effective and financial ly feasible 541 
projects for remediation of onsite sewage treatment and disposal 542 
systems, the local government shall: 543 
 (A)  Include an inventory of onsite sewage treatment and 544 
disposal systems based on the best information available; 545 
 (B)  Identify onsite sewa ge treatment and disposal systems 546 
that would be eliminated through connection to existing or 547 
future central domestic wastewater infrastructure in the 548 
jurisdiction or domestic wastewater service area of the local 549 
government, that would be replaced with or u pgraded to enhanced 550     
 
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nutrient-reducing onsite sewage treatment and disposal systems, 551 
or that would remain on conventional onsite sewage treatment and 552 
disposal systems; 553 
 (C)  Estimate the costs of potential onsite sewage 554 
treatment and disposal system connect ions, upgrades, or 555 
replacements; and 556 
 (D)  Identify deadlines and interim milestones for the 557 
planning, design, and construction of projects. 558 
 (II)  The department shall adopt the onsite sewage 559 
treatment and disposal system remediation plan as part of the 560 
basin management action plan no later than July 1, 2025, or as 561 
required for Outstanding Florida Springs under s. 373.807. 562 
 10.  When identifying wastewater projects in a basin 563 
management action plan, the department may not require the 564 
higher cost option if it achieves the same nutrient load 565 
reduction as a lower cost option. A regulated entity may choose 566 
a different cost option if it complies with the pollutant 567 
reduction requirements of an adopted total maximum daily load 568 
and meets or exceeds the pollution re duction requirement of the 569 
original project. 570 
 Section 20.  Section 570.66, Florida Statutes, is amended 571 
to read: 572 
 570.66  Department of Agriculture and Consumer Services; 573 
water policy.—The commissioner may create an Office of 574 
Agricultural Water Policy un der the supervision of a senior 575     
 
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manager exempt under s. 110.205 in the Senior Management 576 
Service. The commissioner may designate the bureaus and 577 
positions in the various organizational divisions of the 578 
department that report to the office relating to any m atter over 579 
which the department has jurisdiction in matters relating to 580 
water policy affecting agriculture, application of such 581 
policies, and coordination of such matters with state and 582 
federal agencies. The office shall enforce and implement the 583 
provisions of chapter 582 and rules relating to soil and water 584 
conservation. 585 
 Section 21.  Subsection (3) of section 570.921, Florida 586 
Statutes, is amended to read: 587 
 570.921  Environmental Stewardship Certification Program. —588 
The department may establish the Environ mental Stewardship 589 
Certification Program consistent with this section. 590 
 (3)  The Soil and Water Conservation Council created by s. 591 
582.06 may develop and recommend to the department for adoption 592 
additional criteria for receipt of an agricultural certificat ion 593 
which may include, but not be limited to: 594 
 (a)  Comprehensive management of all on -farm resources. 595 
 (b)  Promotion of environmental awareness and responsible 596 
resource stewardship in agricultural or urban communities. 597 
 (c)  Completion of a curriculum of study that is related to 598 
environmental issues and regulation. 599 
 Section 22.  This act shall take effect July 1, 2022. 600