FL
Florida House Bill H0783

Florida 2022 Regular Session

Florida House Bill H0783 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to soil and water conservation 2
16-districts; creating s. 582.195, F.S.; requiring 3
17-mandatory public meetings for the supervisors of soil 4
18-and water conservation districts; creating s. 582.295, 5
19-F.S.; providing for the automatic dissolution of soil 6
20-and water conservation districts under certain 7
21-conditions; providing for the transfer of the assets 8
22-and liabilities of such districts to the Department of 9
23-Agriculture and Consumer Services; exempting automatic 10
24-dissolutions from specified provisions; dissolving the 11
25-Baker Soil and Water Conservation District and the 12
26-Martin Soil and Water Conservation District; 13
27-transferring the assets and liabilities of such 14
28-districts to the Department of Agriculture and 15
29-Consumer Services; providing an effective date. 16
30- 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Section 582.195, Florida Statutes, is created 20
34-to read: 21
35- 582.195 Mandatory meeting of supervisors.-All five 22
36-supervisors of the governing body of each district must meet at 23
37-least once per calendar year in a public meeting pursuant to s. 24
38-286.011. 25
16+districts; repealing ch. 582, F.S., relating to soil 3
17+and water conservation districts; abolishing all soil 4
18+and water conservation districts in the state; 5
19+transferring the assets and liabilities of such 6
20+districts; amending ss. 120.52, 189.0695, 259.032, 7
21+259.036, 373.1391, 373.1401, 373.591, 403.067, 570.66, 8
22+and 570.921, F.S.; conforming provisions to changes 9
23+made by the act; providing an effective date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
26+ 13
27+ Section 1. Chapter 582, Florida Statutes, consisting of 14
28+sections 582.01, 582.02, 582.055, 582.06, 582.10, 582.11, 15
29+582.12, 582.13, 582.14, 582.15, 582 .16, 582.18, 582.19, 582.20, 16
30+582.28, 582.29, 582.30, 582.31, and 582.32, is repealed. 17
31+ Section 2. The following soil and water conservation 18
32+districts are abolished and all assets and liabilities of each 19
33+district are transferred to the Northwest Florida Water 20
34+Management District: 21
35+ (1) Escambia Soil and Water Conservation District. 22
36+ (2) Yellow River Soil and Water Conservation District. 23
37+ (3) Choctawhatchee River Soil and Water Conservation 24
38+District. 25
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4747 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
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51- Section 2. Section 582.295, Florida Statutes, is created 26
52-to read: 27
53- 582.295 Automatic dissolu tion of districts.- 28
54- (1) If the governing body of a district fails to meet as 29
55-required under s. 582.195, the district shall be automatically 30
56-dissolved as of January 1 of the year immediately following the 31
57-year in which the governing body failed to meet. A ll assets and 32
58-liabilities of the district shall be transferred to the 33
59-Department of Agriculture and Consumer Services. 34
60- (2) Sections 189.076, 582.30, 582.31, and 582.32 do not 35
61-apply to dissolution of a district under this section. 36
62- Section 3. The Department of Economic Opportunity declared 37
63-the Baker Soil and Water Conservation District inactive on 38
64-August 3, 2020, and the Martin Soil and Water Conservation 39
65-District inactive on March 17, 2020, therefore, the districts 40
66-are hereby dissolved and all assets a nd liabilities of the 41
67-districts are transferred to the Department of Agriculture and 42
68-Consumer Services. 43
69- Section 4. This act shall take effect July 1, 2022. 44
51+ (4) Holmes Creek Soil and Water Conservation Distric t. 26
52+ (5) Orange Hill Soil and Water Conservation District. 27
53+ (6) Jackson Soil and Water Conservation District. 28
54+ (7) Chipola River Soil and Water Conservation District. 29
55+ (8) Tupelo Soil and Water Conservation District. 30
56+ (9) Gadsden Soil and Water Conserv ation District. 31
57+ (10) Franklin Soil and Water Conservation District. 32
58+ (11) Leon Soil and Water Conservation District. 33
59+ (12) Wakulla Soil and Water Conservation District. 34
60+ (13) Jefferson Soil and Water Conservation District. 35
61+ Section 3. The following soil and water conservation 36
62+districts are abolished and all assets and liabilities of each 37
63+district are transferred to the Suwannee River Water Management 38
64+District: 39
65+ (1) Taylor Soil and Water Conservation District. 40
66+ (2) Hamilton County Soil and Water Con servation District. 41
67+ (3) Suwannee County Conservation District. 42
68+ (4) Lafayette Soil and Water Conservation District. 43
69+ (5) Dixie Soil and Water Conservation District. 44
70+ (6) Santa Fe Soil and Water Conservation District. 45
71+ (7) Gilchrist Soil and Water Con servation District. 46
72+ (8) Levy Soil and Water Conservation District. 47
73+ (9) Bradford Soil and Water Conservation District. 48
74+ (10) Alachua Soil and Water Conservation District. 49
75+ Section 4. The following soil and water conservation 50
76+
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84+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
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88+districts are abolished a nd all assets and liabilities of each 51
89+district are transferred to the St. Johns River Water Management 52
90+District: 53
91+ (1) Nassau Soil and Water Conservation District. 54
92+ (2) Baker Soil and Water Conservation District. 55
93+ (3) Duval Soil and Water Conservation Di strict. 56
94+ (4) Clay Soil and Water Conservation District. 57
95+ (5) St. Johns Soil and Water Conservation District. 58
96+ (6) Putnam Soil and Water Conservation District. 59
97+ (7) Marion Soil and Water Conservation District. 60
98+ (8) Volusia Soil and Water Conservation D istrict. 61
99+ (9) Lake Soil and Water Conservation District. 62
100+ (10) Seminole Soil and Water Conservation District. 63
101+ (11) Orange Soil and Water Conservation District. 64
102+ (12) Brevard Soil and Water Conservation District. 65
103+ (13) Indian River Soil and Water Conservation District. 66
104+ Section 5. The following soil and water conservation 67
105+districts are abolished and all assets and liabilities of each 68
106+district are transferred to the Southwest Florida Water 69
107+Management District: 70
108+ (1) Sumter Soil and Water Conservation District. 71
109+ (2) Polk Soil and Water Conservation District. 72
110+ (3) Hillsborough Soil and Water Conservation District. 73
111+ (4) Manatee River Soil and Water Conservation District. 74
112+ (5) Hardee Soil and Water Conservation District. 75
113+
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121+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
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125+ (6) Peace River Soil and Water Conservation District. 76
126+ (7) Sarasota Soil and Water Conservation District. 77
127+ (8) Charlotte Soil and Water Conservation District. 78
128+ Section 6. The following soil and water conservation 79
129+districts are abolished and all assets and liabilities of each 80
130+district are transferred to the South Florida Water Management 81
131+District: 82
132+ (1) Osceola Soil and Water Conservation District. 83
133+ (2) Okeechobee Soil and Water Conservation District. 84
134+ (3) Highlands Soil and Water Conservation District. 85
135+ (4) Collier Soil and Water Conservation District. 86
136+ (5) St. Lucie Soil and Water Conservation District. 87
137+ (6) Martin Soil and Water Conservation District. 88
138+ (7) Palm Beach Soil and Water Conservation District. 89
139+ (8) Broward Soil and Water Conservation District. 90
140+ (9) South Dade Soil and Water Conservation District. 91
141+ Section 7. The Blackwater Soil and Water Conservation 92
142+District is dissolved and the assets and liabilities of the 93
143+district are transferred to Santa Rosa County. 94
144+ Section 8. The Glades Soil and Water Conservation District 95
145+is dissolved and the assets and liabilities of the district are 96
146+transferred to Glades County. 97
147+ Section 9. The Hendry Soil and Water Conservation District 98
148+is dissolved and the assets and liabilities of the district are 99
149+transferred to Hendry County. 100
150+
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158+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
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162+ Section 10. The Madison Soil and Water Conservation 101
163+District is dissolved and the assets and liabilities of the 102
164+district are transferred to Madison County. 103
165+ Section 11. The Union Soil and Water Conservation District 104
166+is dissolved and the assets and liabilities of the district are 105
167+transferred to Union County. 106
168+ Section 12. Paragraph (a) of subsection (1) of section 107
169+120.52, Florida Statutes, is amended to read: 108
170+ 120.52 Definitions. —As used in this act: 109
171+ (1) "Agency" means the follow ing officers or governmental 110
172+entities if acting pursuant to powers other than those derived 111
173+from the constitution: 112
174+ (a) The Governor; each state officer and state department, 113
175+and each departmental unit described in s. 20.04; the Board of 114
176+Governors of the State University System; the Commission on 115
177+Ethics; the Fish and Wildlife Conservation Commission; a 116
178+regional water supply authority; a regional planning agency; a 117
179+multicounty special district, but only if a majority of its 118
180+governing board is comprised of n onelected persons; educational 119
181+units; and each entity described in chapters 163, 373, and 380, 120
182+and 582 and s. 186.504. 121
183+ 122
184+This definition does not include a municipality or legal entity 123
185+created solely by a municipality; a legal entity or agency 124
186+created in whole or in part pursuant to part II of chapter 361; 125
187+
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195+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
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199+a metropolitan planning organization created pursuant to s. 126
200+339.175; a separate legal or administrative entity created 127
201+pursuant to s. 339.175 of which a metropolitan planning 128
202+organization is a member; an e xpressway authority pursuant to 129
203+chapter 348 or any transportation authority or commission under 130
204+chapter 343 or chapter 349; or a legal or administrative entity 131
205+created by an interlocal agreement pursuant to s. 163.01(7), 132
206+unless any party to such agreement is otherwise an agency as 133
207+defined in this subsection. 134
208+ Section 13. Subsection (3) of section 189.0695, Florida 135
209+Statutes, is amended to read: 136
210+ 189.0695 Independent special districts; performance 137
211+reviews.— 138
212+ (3) The Office of Program Policy Analysis and Government 139
213+Accountability must conduct a performance review of all 140
214+independent mosquito control special districts within the 141
215+classifications described in paragraphs (a) and (b) and may 142
216+contract as needed to co mplete the requirements of this 143
217+subsection. The Office of Program Policy Analysis and Government 144
218+Accountability shall submit the final report of the performance 145
219+review to the President of the Senate and the Speaker of the 146
220+House of Representatives as follows: 147
221+ (a) For all independent mosquito control districts as 148
222+defined in s. 388.011, no later than September 30, 2023. 149
223+ (b) For all soil and water conservation districts as 150
224+
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232+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
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234+
235+
236+defined in s. 582.01, no later than September 30, 2024. 151
237+ Section 14. Subsection (5 ), paragraphs (d) and (e) of 152
238+subsection (7), and paragraph (b) of subsection (8) of section 153
239+259.032, Florida Statutes, are amended to read: 154
240+ 259.032 Conservation and recreation lands. — 155
241+ (5) The board of trustees may enter into any contract 156
242+necessary to accomplish the purposes of this section. The lead 157
243+land managing agencies designated by the board of trustees also 158
244+are directed by the Legislature to enter into contracts or 159
245+interagency agreements with other governmental entities , 160
246+including local soil and wa ter conservation districts, or 161
247+private land managers who have the expertise to perform specific 162
248+management activities which a lead agency lacks, or which would 163
249+cost more to provide in -house. Such activities shall include, 164
250+but not be limited to, controlled burning, road and ditch 165
251+maintenance, mowing, and wildlife assessments. 166
252+ (7) All lands managed under this chapter and s. 253.034 167
253+shall be: 168
254+ (d) Concurrent with the approval of the acquisition 169
255+contract pursuant to s. 253.025(4)(c) for any interest in lands 170
256+except those lands acquired pursuant to s. 259.1052, the board 171
257+shall designate an agency or agencies to manage such lands. The 172
258+board shall evaluate and amend, as appropriate, the management 173
259+policy statement for the project as provided by s. 259.035 to 174
260+ensure that the policy statement is compatible with 175
261+
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269+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
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271+
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273+conservation, recreation, or both. For any fee simple 176
274+acquisition of a parcel which is or will be leased back for 177
275+agricultural purposes, or any acquisition of a less than fee 178
276+interest in land that is or will be used for agricultural 179
277+purposes, the board shall first consider having a soil and water 180
278+conservation district, created pursuant to chapter 582, manage 181
279+and monitor such interests. 182
280+ (e) State agencies designated to manage lands acquired 183
281+under this chapter or with funds deposited into the Land 184
282+Acquisition Trust Fund, except those lands acquired under s. 185
283+259.1052, may contract with local governments and soil and water 186
284+conservation districts to assist in management activities, 187
285+including the responsibility of being the lead land manager. 188
286+Such land management contracts may include a provision for the 189
287+transfer of management funding to the local government or soil 190
288+and water conservation district from the land acquisition trust 191
289+fund of the lead land managing agenc y in an amount adequate for 192
290+the local government or soil and water conservation district to 193
291+perform its contractual land management responsibilities and 194
292+proportionate to its responsibilities, and which otherwise would 195
293+have been expended by the state agency to manage the property. 196
294+ (8) 197
295+ (b) Individual management plans required by s. 253.034(5), 198
296+for parcels over 160 acres, shall be developed with input from 199
297+an advisory group. Members of this advisory group shall include, 200
298+
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306+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
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310+at a minimum, representatives of the lead land managing agency, 201
311+comanaging entities, local private property owners, the 202
312+appropriate soil and water conservation district, a local 203
313+conservation organization, and a local elected official. If 204
314+habitat or potentially restorable habitat for imperiled species 205
315+is located on state lands, the Fish and Wildlife Conservation 206
316+Commission and the Department of Agriculture and Consumer 207
317+Services shall be included on any advisory group required under 208
318+chapter 253, and the short -term and long-term management goals 209
319+required under chapter 253 must advance the goals and objectives 210
320+of imperiled species management without restricting other uses 211
321+identified in the management plan. The advisory group shall 212
322+conduct at least one public hearing within the county in which 213
323+the parcel or project is located. For those parcels or projects 214
324+that are within more than one county, at least one areawide 215
325+public hearing shall be acceptable and the lead managing agency 216
326+shall invite a local elected official from each county. The 217
327+areawide public hearing shall be held in the county in which the 218
328+core parcels are located. Notice of such public hearing shall be 219
329+posted on the parcel or project designated for management, 220
330+advertised in a paper of general circulation, and announced at a 221
331+scheduled meeting of the local governing body before the actual 222
332+public hearing. The management prospectus required pursuant to 223
333+paragraph (7)(c) sha ll be available to the public for a period 224
334+of 30 days before the public hearing. 225
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343+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
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348+By July 1 of each year, each governmental agency and each 227
349+private entity designated to manage lands shall report to the 228
350+Secretary of Environmental Protection on the progress of 229
351+funding, staffing, and resource management of every project for 230
352+which the agency or entity is responsible. 231
353+ Section 15. Paragraph (a) of subsection (1) of section 232
354+259.036, Florida Statutes, is amended to read: 233
355+ 259.036 Management review teams. — 234
356+ (1) To determine whether conservation, preservation, and 235
357+recreation lands titled in the name of the board are being 236
358+managed for purposes that are compatible with conservation, 237
359+preservation, or recreation in accordance with a land management 238
360+plan adopted pursuant to s. 259.032, the board, acting through 239
361+the department, shall cause periodic management reviews to be 240
362+conducted as follows: 241
363+ (a) The department shall establish a regional land 242
364+management review team composed of the following members: 243
365+ 1. One individual who is from the county or local 244
366+community in which the parcel or project is located and who is 245
367+selected by the county commission in the county which is most 246
368+impacted by the acquisition. 247
369+ 2. One individual from the Division of Recreation and 248
370+Parks of the department. 249
371+ 3. One individual from the Florida Forest Service of the 250
372+
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380+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
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382+
383+
384+Department of Agriculture and Consumer Services. 251
385+ 4. One individual from the Fish and Wildlife Conservation 252
386+Commission. 253
387+ 5. One individual from the department's district office in 254
388+which the parcel is located. 255
389+ 6. A private land manager, preferably from the local 256
390+community, mutually agreeable to the state agency 257
391+representatives. 258
392+ 7. A member or staff from the jurisdictional water 259
393+management district or local soil and water conserv ation 260
394+district board of supervisors . 261
395+ 8. A member of a conservation organization. 262
396+ Section 16. Paragraph (d) of subsection (1) of section 263
397+373.1391, Florida Statutes, is amended to read: 264
398+ 373.1391 Management of real property. — 265
399+ (1) 266
400+ (d) For any fee simple acquisition of a parcel which is or 267
401+will be leased back for agricultural purposes, or for any 268
402+acquisition of a less -than-fee interest in lands that is or will 269
403+be used for agricultural purposes, the district governing board 270
404+shall first consider havin g a soil and water conservation 271
405+district created pursuant to chapter 582 manage and monitor such 272
406+interest. 273
407+ Section 17. Section 373.1401, Florida Statutes, is amended 274
408+to read: 275
409+
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417+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
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421+ 373.1401 Management of lands of water management 276
422+districts.—In addition to provisions contained in s. 373.1391(1) 277
423+for soil and water conservation districts, The governing board 278
424+of each water management district may contract with a 279
425+nongovernmental person or entity, any federal or state agency, a 280
426+county, a municipality, or any othe r governmental entity, or 281
427+environmental nonprofit organization to provide for the 282
428+improvement, management, or maintenance of any real property 283
429+owned by or under the control of the district. 284
430+ Section 18. Paragraph (d) of subsection (1) of section 285
431+373.591, Florida Statutes, is amended to read: 286
432+ 373.591 Management review teams. — 287
433+ (1) To determine whether conservation, preservation, and 288
434+recreation lands titled in the names of the water management 289
435+districts are being managed for the purposes for which they were 290
436+acquired and in accordance with land management objectives, the 291
437+water management districts shall establish land management 292
438+review teams to conduct periodic management reviews. The land 293
439+management review teams shall be composed of the following 294
440+members: 295
441+ (d) A member of the local soil and water conservation 296
442+district board of supervisors. 297
443+ Section 19. Subsection (1), paragraph (a) of subsection 298
444+(3), paragraph (a) of subsection (6), and paragraph (a) of 299
445+subsection (7) of section 403.067, Florida Statu tes, are amended 300
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454+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
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458+to read: 301
459+ 403.067 Establishment and implementation of total maximum 302
460+daily loads.— 303
461+ (1) LEGISLATIVE FINDINGS AND INTENT. —In furtherance of 304
462+public policy established in s. 403.021, the Legislature 305
463+declares that the waters of the state are among its most basic 306
464+resources and that the development of a total maximum daily load 307
465+program for state waters as required by s. 303(d) of the Clean 308
466+Water Act, Pub. L. No. 92 -500, 33 U.S.C. ss. 1251 et seq. will 309
467+promote improvements in water quality throug hout the state 310
468+through the coordinated control of point and nonpoint sources of 311
469+pollution. The Legislature finds that, while point and nonpoint 312
470+sources of pollution have been managed through numerous 313
471+programs, better coordination among these efforts and ad ditional 314
472+management measures may be needed in order to achieve the 315
473+restoration of impaired water bodies. The scientifically based 316
474+total maximum daily load program is necessary to fairly and 317
475+equitably allocate pollution loads to both nonpoint and point 318
476+sources. Implementation of the allocation shall include 319
477+consideration of a cost -effective approach coordinated between 320
478+contributing point and nonpoint sources of pollution for 321
479+impaired water bodies or water body segments and may include the 322
480+opportunity to implement the allocation through nonregulatory 323
481+and incentive-based programs. The Legislature further declares 324
482+that the Department of Environmental Protection shall be the 325
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491+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
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495+lead agency in administering this program and shall coordinate 326
496+with local governments, wa ter management districts, the 327
497+Department of Agriculture and Consumer Services, local soil and 328
498+water conservation districts, environmental groups, regulated 329
499+interests, other appropriate state agencies, and affected 330
500+pollution sources in developing and execut ing the total maximum 331
501+daily load program. 332
502+ (3) ASSESSMENT.— 333
503+ (a) Based on the priority ranking and schedule for a 334
504+particular listed water body or water body segment, the 335
505+department shall conduct a total maximum daily load assessment 336
506+of the basin in which the water body or water body segment is 337
507+located using the methodology developed pursuant to paragraph 338
508+(b). In conducting this assessment, the department shall 339
509+coordinate with the local water management district, the 340
510+Department of Agriculture and Consumer Services, other 341
511+appropriate state agencies, soil and water conservation 342
512+districts, environmental groups, regulated interests, and other 343
513+interested parties. 344
514+ (6) CALCULATION AND ALLOCATION. — 345
515+ (a) Calculation of total maximum daily load. 346
516+ 1. Prior to developing a total maximum daily load 347
517+calculation for each water body or water body segment on the 348
518+list specified in subsection (4), the department shall 349
519+coordinate with applicable local governments, water management 350
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528+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
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532+districts, the Department of Agriculture an d Consumer Services, 351
533+other appropriate state agencies, local soil and water 352
534+conservation districts, environmental groups, regulated 353
535+interests, and affected pollution sources to determine the 354
536+information required, accepted methods of data collection and 355
537+analysis, and quality control/quality assurance requirements. 356
538+The analysis may include mathematical water quality modeling 357
539+using approved procedures and methods. 358
540+ 2. The department shall develop total maximum daily load 359
541+calculations for each water body or wa ter body segment on the 360
542+list described in subsection (4) according to the priority 361
543+ranking and schedule unless the impairment of such waters is due 362
544+solely to activities other than point and nonpoint sources of 363
545+pollution. For waters determined to be impaire d due solely to 364
546+factors other than point and nonpoint sources of pollution, no 365
547+total maximum daily load will be required. A total maximum daily 366
548+load may be required for those waters that are impaired 367
549+predominantly due to activities other than point and non point 368
550+sources. The total maximum daily load calculation shall 369
551+establish the amount of a pollutant that a water body or water 370
552+body segment may receive from all sources without exceeding 371
553+water quality standards, and shall account for seasonal 372
554+variations and include a margin of safety that takes into 373
555+account any lack of knowledge concerning the relationship 374
556+between effluent limitations and water quality. The total 375
557+
558+HB 783 2022
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561+
562+CODING: Words stricken are deletions; words underlined are additions.
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565+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
566+
567+
568+
569+maximum daily load may be based on a pollutant load reduction 376
570+goal developed by a water managemen t district, provided that 377
571+such pollutant load reduction goal is promulgated by the 378
572+department in accordance with the procedural and substantive 379
573+requirements of this subsection. 380
574+ (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 381
575+IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 382
576+ (a) Basin management action plans. — 383
577+ 1. In developing and implementing the total maximum daily 384
578+load for a water body, the department, or the department in 385
579+conjunction with a water management district, may develop a 386
580+basin management action plan that addresses some or all of the 387
581+watersheds and basins tributary to the water body. Such plan 388
582+must integrate the appropriate management strategies available 389
583+to the state through existing water quality protection programs 390
584+to achieve the total maximum daily loads and may provide for 391
585+phased implementation of these management strategies to promote 392
586+timely, cost-effective actions as provided for in s. 403.151. 393
587+The plan must establish a schedule implementing the management 394
588+strategies, establish a basis for evaluating the plan's 395
589+effectiveness, and identify feasible funding strategies for 396
590+implementing the plan's management strategies. The management 397
591+strategies may include regional treatment systems or other 398
592+public works, when appropriate, and voluntary trading of water 399
593+quality credits to achieve the needed pollutant load reductions. 400
594+
595+HB 783 2022
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597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
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602+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
603+
604+
605+
606+ 2. A basin management action plan must equitably allocate, 401
607+pursuant to paragraph (6)(b), pollutant reductions to individual 402
608+basins, as a whole to all basins, or to each identified point 403
609+source or category of nonpoint sources, as appropriate. For 404
610+nonpoint sources for which best management practices have been 405
611+adopted, the initial requirement specified by the plan must be 406
612+those practices developed pursuant to paragraph (c). When 407
613+appropriate, the plan may take into account the benefits of 408
614+pollutant load reduction achieved by point or nonpoint sources 409
615+that have implemented management strategies to reduce pollutant 410
616+loads, including best management practices, before the 411
617+development of the basin management action plan. The plan must 412
618+also identify the mechanisms that will address potential future 413
619+increases in pollutant loading. 414
620+ 3. The basin management action planning process is 415
621+intended to involve the broadest possible range of interested 416
622+parties, with the objective of encouraging the greatest amount 417
623+of cooperation and consensus possible. In developing a basin 418
624+management action plan, the department shall assure that key 419
625+stakeholders, including, but not limited to, applicable local 420
626+governments, water management districts, the Department of 421
627+Agriculture and Consumer Services, other appropriate state 422
628+agencies, local soil and water conservation districts, 423
629+environmental groups, regulated interests, and affected 424
630+pollution sources, are invited to par ticipate in the process. 425
631+
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639+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
640+
641+
642+
643+The department shall hold at least one public meeting in the 426
644+vicinity of the watershed or basin to discuss and receive 427
645+comments during the planning process and shall otherwise 428
646+encourage public participation to the greatest practica ble 429
647+extent. Notice of the public meeting must be published in a 430
648+newspaper of general circulation in each county in which the 431
649+watershed or basin lies at least 5 days, but not more than 15 432
650+days, before the public meeting. A basin management action plan 433
651+does not supplant or otherwise alter any assessment made under 434
652+subsection (3) or subsection (4) or any calculation or initial 435
653+allocation. 436
654+ 4. Each new or revised basin management action plan shall 437
655+include: 438
656+ a. The appropriate management strategies available t hrough 439
657+existing water quality protection programs to achieve total 440
658+maximum daily loads, which may provide for phased implementation 441
659+to promote timely, cost -effective actions as provided for in s. 442
660+403.151; 443
661+ b. A description of best management practices ado pted by 444
662+rule; 445
663+ c. A list of projects in priority ranking with a planning -446
664+level cost estimate and estimated date of completion for each 447
665+listed project; 448
666+ d. The source and amount of financial assistance to be 449
667+made available by the department, a water manag ement district, 450
668+
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671+
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676+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
677+
678+
679+
680+or other entity for each listed project, if applicable; and 451
681+ e. A planning-level estimate of each listed project's 452
682+expected load reduction, if applicable. 453
683+ 5. The department shall adopt all or any part of a basin 454
684+management action plan an d any amendment to such plan by 455
685+secretarial order pursuant to chapter 120 to implement this 456
686+section. 457
687+ 6. The basin management action plan must include 458
688+milestones for implementation and water quality improvement, and 459
689+an associated water quality monitoring component sufficient to 460
690+evaluate whether reasonable progress in pollutant load 461
691+reductions is being achieved over time. An assessment of 462
692+progress toward these milestones shall be conducted every 5 463
693+years, and revisions to the plan shall be made as appropriat e. 464
694+Revisions to the basin management action plan shall be made by 465
695+the department in cooperation with basin stakeholders. Revisions 466
696+to the management strategies required for nonpoint sources must 467
697+follow the procedures in subparagraph (c)4. Revised basin 468
698+management action plans must be adopted pursuant to subparagraph 469
699+5. 470
700+ 7. In accordance with procedures adopted by rule under 471
701+paragraph (9)(c), basin management action plans, and other 472
702+pollution control programs under local, state, or federal 473
703+authority as provided in subsection (4), may allow point or 474
704+nonpoint sources that will achieve greater pollutant reductions 475
705+
706+HB 783 2022
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713+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
714+
715+
716+
717+than required by an adopted total maximum daily load or 476
718+wasteload allocation to generate, register, and trade water 477
719+quality credits for the excess re ductions to enable other 478
720+sources to achieve their allocation; however, the generation of 479
721+water quality credits does not remove the obligation of a source 480
722+or activity to meet applicable technology requirements or 481
723+adopted best management practices. Such plan s must allow trading 482
724+between NPDES permittees, and trading that may or may not 483
725+involve NPDES permittees, where the generation or use of the 484
726+credits involve an entity or activity not subject to department 485
727+water discharge permits whose owner voluntarily elec ts to obtain 486
728+department authorization for the generation and sale of credits. 487
729+ 8. The department's rule relating to the equitable 488
730+abatement of pollutants into surface waters do not apply to 489
731+water bodies or water body segments for which a basin management 490
732+plan that takes into account future new or expanded activities 491
733+or discharges has been adopted under this section. 492
734+ 9. In order to promote resilient wastewater utilities, if 493
735+the department identifies domestic wastewater treatment 494
736+facilities or onsite sewag e treatment and disposal systems as 495
737+contributors of at least 20 percent of point source or nonpoint 496
738+source nutrient pollution or if the department determines 497
739+remediation is necessary to achieve the total maximum daily 498
740+load, a basin management action plan f or a nutrient total 499
741+maximum daily load must include the following: 500
742+
743+HB 783 2022
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750+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
751+
752+
753+
754+ a. A wastewater treatment plan developed by each local 501
755+government, in cooperation with the department, the water 502
756+management district, and the public and private domestic 503
757+wastewater treatment facilities within the jurisdiction of the 504
758+local government, that addresses domestic wastewater. The 505
759+wastewater treatment plan must: 506
760+ (I) Provide for construction, expansion, or upgrades 507
761+necessary to achieve the total maximum daily load requirements 508
762+applicable to the domestic wastewater treatment facility. 509
763+ (II) Include the permitted capacity in average annual 510
764+gallons per day for the domestic wastewater treatment facility; 511
765+the average nutrient concentration and the estimated average 512
766+nutrient load of the domestic wastewater; a projected timeline 513
767+of the dates by which the construction of any facility 514
768+improvements will begin and be completed and the date by which 515
769+operations of the improved facility will begin; the estimated 516
770+cost of the improvements; and th e identity of responsible 517
771+parties. 518
772+ 519
773+The wastewater treatment plan must be adopted as part of the 520
774+basin management action plan no later than July 1, 2025. A local 521
775+government that does not have a domestic wastewater treatment 522
776+facility in its jurisdiction is not required to develop a 523
777+wastewater treatment plan unless there is a demonstrated need to 524
778+establish a domestic wastewater treatment facility within its 525
779+
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787+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
788+
789+
790+
791+jurisdiction to improve water quality necessary to achieve a 526
792+total maximum daily load. A local governme nt is not responsible 527
793+for a private domestic wastewater facility's compliance with a 528
794+basin management action plan unless such facility is operated 529
795+through a public-private partnership to which the local 530
796+government is a party. 531
797+ b. An onsite sewage treatmen t and disposal system 532
798+remediation plan developed by each local government in 533
799+cooperation with the department, the Department of Health, water 534
800+management districts, and public and private domestic wastewater 535
801+treatment facilities. 536
802+ (I) The onsite sewage tre atment and disposal system 537
803+remediation plan must identify cost -effective and financially 538
804+feasible projects necessary to achieve the nutrient load 539
805+reductions required for onsite sewage treatment and disposal 540
806+systems. To identify cost -effective and financial ly feasible 541
807+projects for remediation of onsite sewage treatment and disposal 542
808+systems, the local government shall: 543
809+ (A) Include an inventory of onsite sewage treatment and 544
810+disposal systems based on the best information available; 545
811+ (B) Identify onsite sewa ge treatment and disposal systems 546
812+that would be eliminated through connection to existing or 547
813+future central domestic wastewater infrastructure in the 548
814+jurisdiction or domestic wastewater service area of the local 549
815+government, that would be replaced with or u pgraded to enhanced 550
816+
817+HB 783 2022
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824+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
825+
826+
827+
828+nutrient-reducing onsite sewage treatment and disposal systems, 551
829+or that would remain on conventional onsite sewage treatment and 552
830+disposal systems; 553
831+ (C) Estimate the costs of potential onsite sewage 554
832+treatment and disposal system connect ions, upgrades, or 555
833+replacements; and 556
834+ (D) Identify deadlines and interim milestones for the 557
835+planning, design, and construction of projects. 558
836+ (II) The department shall adopt the onsite sewage 559
837+treatment and disposal system remediation plan as part of the 560
838+basin management action plan no later than July 1, 2025, or as 561
839+required for Outstanding Florida Springs under s. 373.807. 562
840+ 10. When identifying wastewater projects in a basin 563
841+management action plan, the department may not require the 564
842+higher cost option if it achieves the same nutrient load 565
843+reduction as a lower cost option. A regulated entity may choose 566
844+a different cost option if it complies with the pollutant 567
845+reduction requirements of an adopted total maximum daily load 568
846+and meets or exceeds the pollution re duction requirement of the 569
847+original project. 570
848+ Section 20. Section 570.66, Florida Statutes, is amended 571
849+to read: 572
850+ 570.66 Department of Agriculture and Consumer Services; 573
851+water policy.—The commissioner may create an Office of 574
852+Agricultural Water Policy un der the supervision of a senior 575
853+
854+HB 783 2022
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861+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
862+
863+
864+
865+manager exempt under s. 110.205 in the Senior Management 576
866+Service. The commissioner may designate the bureaus and 577
867+positions in the various organizational divisions of the 578
868+department that report to the office relating to any m atter over 579
869+which the department has jurisdiction in matters relating to 580
870+water policy affecting agriculture, application of such 581
871+policies, and coordination of such matters with state and 582
872+federal agencies. The office shall enforce and implement the 583
873+provisions of chapter 582 and rules relating to soil and water 584
874+conservation. 585
875+ Section 21. Subsection (3) of section 570.921, Florida 586
876+Statutes, is amended to read: 587
877+ 570.921 Environmental Stewardship Certification Program. —588
878+The department may establish the Environ mental Stewardship 589
879+Certification Program consistent with this section. 590
880+ (3) The Soil and Water Conservation Council created by s. 591
881+582.06 may develop and recommend to the department for adoption 592
882+additional criteria for receipt of an agricultural certificat ion 593
883+which may include, but not be limited to: 594
884+ (a) Comprehensive management of all on -farm resources. 595
885+ (b) Promotion of environmental awareness and responsible 596
886+resource stewardship in agricultural or urban communities. 597
887+ (c) Completion of a curriculum of study that is related to 598
888+environmental issues and regulation. 599
889+ Section 22. This act shall take effect July 1, 2022. 600