The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: CS/SB 1238
INTRODUCER: Environment and Natural Resources Committee and Senator Polsky
SUBJECT: Saltwater Intrusion Vulnerability Assessments
DATE: February 1, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Fav/CS
2. GO
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1238 amends the Resilient Florida Grant Program to authorize the Department of
Environmental Protection (DEP) to provide grants to coastal counties to fund the costs of
saltwater intrusion vulnerability assessments (Assessments).
It provides that beginning July 1, 2023, DEP may provide grants to coastal counties to conduct
Assessments analyzing the effects of saltwater intrusion on their water supplies and preparedness
to respond to such threats, including water utility infrastructure, wellfield protection, and
freshwater supply management. Each Assessment must include certain information specified in
the bill.
The bill requires DEP to use the information contained within the Assessment to update its
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set. DEP must also
make any appropriate information from the Assessment available to the public on its website.
The bill also requires DEP to provide 50 percent cost-share funding, up to $250,000, for each
grant awarded under the Resilient Florida Grant Program. A county with a population of 50,000
or less is not required to contribute to the cost share.
REVISED: BILL: CS/SB 1238 Page 2
II. Present Situation:
Saltwater Intrusion
Drinking water in Florida comes primarily from water found within underground layers of water-
bearing rock or sand called aquifers.
1
Aquifers can be thought of as vast underground, porous
rocks that hold water and allow water to move through the holes within the rock. They can be
composed of different types of earthen materials, such as sand, shell, and limestone. Fresh and
salt water fill the various sized holes in the rock; freshwater generally fills the uppermost part of
aquifers, while saltwater is present at greater depths.
2
Where these aquifer layers meet the ocean
(referred to as the freshwater/saltwater interface and depicted in the illustration below),
3
there is
the possibility of saltwater moving inland and polluting the freshwater aquifers.
4
Saltwater intrusion is the movement of saline water into freshwater aquifers resulting in
contamination of drinking water resources.
5
It is caused by drilling wells too deep, excessive
groundwater pumping, sea level rise, severe drought, and other factors.
6
It occurs in different
ways, including lateral encroachment from coastal waters and vertical movement of saltwater
near discharging wells.
7
Under natural conditions, the seaward movement of freshwater prevents saltwater from
encroaching on freshwater coastal aquifers. However, groundwater pumping can reduce
freshwater flow toward coastal areas and cause saltwater to be drawn toward the freshwater
zones of the aquifer.
8
Rising sea levels also push saltwater upstream in tidal rivers and streams,
raise coastal ground water tables, and push saltwater further inland in soils at the margins of
coastal wetlands causing wetland boundaries to expand where they are unimpeded.
9
1
See South Florida Water Management District (SFWMD), Saltwater Intrusion in Coastal Aquifers, https://storymaps.arcgis.
com/stories/3731671833e34567b783e9b881a8b36e (last visited Jan. 25, 2022); see also St. Johns River Water Management
District (SJRWMD), Florida’s Aquifers, https://www.sjrwmd.com/water-supply/aquifer/ (last visited Jan. 25, 2022).
2
SJRWMD, Florida’s Aquifers, https://www.sjrwmd.com/water-supply/aquifer/ (last visited Jan. 25, 2022).
3
Id.
4
SFWMD, Saltwater Intrusion in Coastal Aquifers, https://storymaps.arcgis.com/stories/3731671833e34567b783
e9b881a8b36e (last visited Jan. 25, 2022).
5
University of Pennsylvania, The Water Center, Salt Instrusion: A Threat to Source Water Quality,
https://watercenter.sas.upenn.edu/salt-intrusion-a-threat-to-source-water-quality/ (last visited Jan. 25, 2022).
6
Id.; U.S. Geological Survey (USGS), Seawater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/
saltwater-intrusion (last visited Jan. 25, 2022); SJRWMD, Florida’s Aquifers, https://www.sjrwmd.com/water-
supply/aquifer/ (last visited Jan. 25, 2022).
7
USGS, Seawater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/saltwater-intrusion (last visited
Jan. 25, 2022).
8
Id.
9
Dep’t of Emergency Management, Enhanced State Hazard Mitigation Plan, 107-108 (2018), available at
https://www.floridadisaster.org/globalassets/dem/mitigation/mitigate-fl--shmp/shmp-2018-full_final_approved.6.11.2018.pdf
(last visited Jan. 20, 2022). BILL: CS/SB 1238 Page 3
(Effects on Coastal Waters)
10
Water for drinking, irrigation, and most industrial uses needs to be potable.
11
Contamination
from ocean saltwater moving into the aquifer means users must find another source of freshwater
or treat the water to remove the salt, which is costly.
12
Public water supply utilities may shut
down a well if it becomes too salty.
13
Utilities with wellfields near the freshwater/saltwater
interface that do not have an inland wellfield, have not developed alternative water supply
sources, and have limited ability during a drought to meet user needs through interconnects with
other utilities are considered more vulnerable.
14
Saltwater intrusion can cause flooding.
15
Because saltwater is denser than freshwater, the aquifer
becomes stratified with a layer of freshwater that sits atop a layer of denser saltwater below.
When sea level rise acts upon an aquifer like this, it can cause the freshwater layer to rise in
response. This causes flooding as the top of the water, called the water table, gets closer to
ground surface.
16
Saltwater intrusion can also cause a decline in forest and agricultural productivity. Saltwater
degrades coastal wetlands and barrier islands, which buffer inland areas from storm surge, by
killing less salt-tolerant species and leaving behind “ghost forests” or wetland areas with only
standing dead trees.
17
Over time, saltwater intrusion, along with rising sea levels, convert these
diverse wetland ecosystems into grass marshes and eventually into open water. The loss in forest
10
USGS, Seawater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/saltwater-intrusion (last visited
Jan. 25, 2022).
11
Id.; see also Scott Jasechko et al., Groundwater Level Observations in 250,000 Coastal US Wells Reveal Scope of Potential
Seawater Intrusion, 11 NATURE COMMUNICATIONS 3229 (2020), available at https://www.nature.com/articles/s41467-020-
17038-2 (last visited Jan. 25, 2022).
12
SFWMD, Saltwater Intrusion in Coastal Aquifers, https://storymaps.arcgis.com/stories/3731671833e34567b783e9b
881a8b36e (last visited Jan. 25, 2022).
13
Id.; USGS, Seawater Intrusion, https://www.usgs.gov/mission-areas/water-resources/science/saltwater-intrusion (last
visited Jan. 25, 2022).
14
SFWMD, Saltwater Intrusion in Coastal Aquifers, https://storymaps.arcgis.com/stories/3731671833e34567b783e9b88
1a8b36e (last visited Jan. 25, 2022).
15
Id.
16
Id.
17
U.S. Dep’t of Agriculture, Climate Hubs, Saltwater Intrusion, https://www.climatehubs.usda.gov/taxonomy/term/399 (last
visited Jan. 25, 2022). BILL: CS/SB 1238 Page 4
and agricultural productivity due to increased soil salinity results in decreased ecosystem
diversity and habitat for birds, fish, and the animals that prey on them.
18
Coastal counties exhibiting the following characteristics are particularly susceptible to lateral
saltwater intrusion:
19
Proximity to the ocean, inlets, and lagoons.
A large number of coastal wellfields.
Low land surface elevations (less than 10 feet above mean sea level).
Drainage canals that lower the water table, which reduce the water pressure exerted against
the saltwater interface.
Canals without coastal water control structures to inhibit inland movement of seawater.
Rising sea levels.
20
Several assessments have been prepared relevant to the impact of sea level rise on water
supplies. For example, the South Florida Water Management District has evaluated saltwater
intrusion in the surficial aquifer system of the Big Cypress Basin and southwest Florida
21
and
documented and mapped the saltwater interface in coastal aquifers within St. Lucie, Martin,
Palm Beach, Broward, Collier, and Lee counties.
22
The U.S. Geological Survey conducts
saltwater interface mapping for Miami-Dade and Monroe counties.
23
At least one evaluation of
Florida’s saltwater intrusion monitoring network has been performed.
24
The Northwest Florida
Water Management District has commissioned a report evaluating saltwater intrusion in the
Floridan Aquifer in Walton, Okaloosa, and Santa Rosa counties.
25
There is also research more
directly considering the potential effects to human health from sea level rise and saltwater
intrusion impacts on water supplies.
26
Statewide Resilience Programs
In 2021, the Legislature, recognizing that Florida is vulnerable to flooding from increasing
rainfall, storm surge, and sea level rise, established several statewide resilience programs.
27
Those programs include the following:
18
Id.
19
See SFWMD, Saltwater Intrusion in Coastal Aquifers, https://storymaps.arcgis.com/stories/3731671833e34567b783e9b88
1a8b36e (last visited Jan. 25, 2022).
20
Id.
21
USGS, Saltwater Intrusion in the Surficial Aquifer System of the Big Cypress Basin, Southwest Florida, and a Proposed
Plan for Improved Salinity Monitoring: U.S. Geological Survey Open-File Report 2013-1088 (2013), available at
http://pubs.usgs.gov/of/2013/1088/ (last visited Jan. 27, 2022).
22
SFWMD, Saltwater Interface Monitoring and Mapping Program, Technical Publication WS-58 (Dec. 2020), 1, available
at https://www.sfwmd.gov/sites/default/files/documents/ws-58_swi_mapping_report_final.pdf (last visited Jan. 27, 2022).
23
Id.
24
Scott T. Prinos, Saltwater Intrusion Monitoring in Florida, 79 FLORIDA SCIENTIST 4, 269 (Fall 2016), available at
https://www.jstor.org/stable/44113190 (last visited Jan. 27, 2022).
25
HydroGeoLogic, Inc., Saltwater Intrusion in the Floridan Aquifer in Walton, Okaloosa and Santa Rosa Counties, Florida,
Eastern Model Domain, Final Report (Sept. 2007), available at https://nwfwater.com/content/download/19030/127812/
2007_09_HGL_R2_ED_model_final.pdf (last visited Jan. 27, 2022).
26
Meagan L. Weisner, Florida Atlantic University Dep’t of Geosciences, Sea-Level Rise in South Florida: Impacts to
Drinking Water and Human Health, available at http://www.ces.fau.edu/arctic-florida/pdfs/meagan-weisner.pdf (last visited
Jan. 27, 2022).
27
See ch. 2021-28, Laws of Fla., codified in ss. 380.093, 380.0933, 403.928(4), F.S. BILL: CS/SB 1238 Page 5
The Department of Environmental Protection’s (DEP’s) Resilient Florida Grant Program
provides grants to counties or municipalities for community resilience planning, such as
vulnerability assessments, plan development, and projects to adapt critical assets.
28
The
findings of the assessments must be reported to DEP.
The Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and
Assessment, which must be updated at least every five years.
29
DEP must:
o By July 1, 2022, develop a statewide data set, including statewide sea level rise
projections, containing information necessary to determine the risks of flooding and sea
level rise to inland and coastal communities.
o By July 1, 2023, develop a statewide assessment, using the statewide data set, identifying
vulnerable infrastructure, geographic areas, and communities. The statewide assessment
must include an inventory of critical assets.
30
The Statewide Flooding and Sea Level Rise Resilience Plan.
31
o By each December 1, DEP must develop the plan on a three-year planning horizon and
submit it to the Governor and Legislature for funding of ranked projects. These projects
must address risks of flooding and sea level rise to coastal and inland communities in the
state.
32
o By each September 1, counties and municipalities may submit to DEP a list of proposed
projects that address risks of flooding or sea level rise identified in vulnerability
assessments meeting the requirements of the Resilient Florida Grant Program.
33
o By each September 1, each water management district and flood control district may
submit to DEP a list of any proposed projects that mitigate the risks of flooding or sea
level rise on water supplies or water resources of the state and a corresponding evaluation
of each project.
34
Coastal Counties
There are a total of 35 coastal counties in Florida, which are depicted in the following
illustration:
35
28
Section 380.093(2)(a), F.S. “Critical asset” is defined to include broad lists of assets relating to transportation, critical
infrastructure, emergency facilities, natural resources, and historical and cultural resources.
29
Section 380.093(4), F.S.
30
Id.
31
Section 380.093(5), F.S.
32
Section 380.093(5)(a)-(c), F.S.
33
Section 380.093(5)(d)1., F.S.
34
Section 380.093(5)(d)2., F.S.
35
Dep’t of Environmental Protection, Map of Florida’s Coastal Counties, https://floridadep.gov/rcp/fcmp/documents/map-
floridas-coastal-counties and https://floridadep.gov/sites/default/files/CPI-coastal-Florida-map.pdf (last visited Jan. 25, 2022). BILL: CS/SB 1238 Page 6
Of these 35 counties, the following 7 counties are estimated to have populations that are less than
50,000 as of April 1, 2021:
36
Gulf (14,824)
Franklin (12,364)
Wakulla (34,311)
Jefferson (14,590)
Taylor (20,957)
Dixie (16,804)
Levy (43,577)
III. Effect of Proposed Changes:
The bill amends the Resilient Florida Grant Program to authorize the Department of
Environmental Protection (DEP) to provide grants to coastal counties to fund the costs of
saltwater intrusion vulnerability assessments (Assessments).
It provides that beginning July 1, 2023, DEP may provide grants to coastal counties to conduct
Assessments analyzing the effects of saltwater intrusion on their water supplies and preparedness
to respond to such threats, including water utility infrastructure, wellfield protection, and
freshwater supply management.
36
Office of Economic and Demographic Research, Florida Population Estimates by County and Municipality as of April 1,
2021, available at http://www.edr.state.fl.us/Content/population-demographics/data/2021_pop_estimates.pdf (last visited Jan.
25, 2022). BILL: CS/SB 1238 Page 7
Each Assessment must include all of the following information:
The county’s primary water utilities;
Current maps of the county’s freshwater wellfields and latest saltwater intrusion impact lines;
Projections of saltwater intrusion over the next decade, including specific wells that may be
impacted during that timeframe; and
An analysis of the costs necessary to relocate freshwater wellfields that are anticipated to be
impacted, including current projects that are underway to relocate the freshwater wellfields.
The bill requires DEP to use the information contained within the Assessment to update its
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set. DEP must also
make any appropriate information from the Assessment available to the public on its website.
The bill also requires DEP to provide 50 percent cost-share funding, up to $250,000, for each
grant awarded under the Resilient Florida Grant Program. A county with a population of 50,000
or less is not required to contribute to the cost share.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: CS/SB 1238 Page 8
C. Government Sector Impact:
Coastal counties with a population greater than 50,000 that obtain a Resilient Florida
Grant Program grant may receive up to half the costs associated with preparing the
saltwater intrusion vulnerability assessment up to the $250,000 cap on DEP’s. Coastal
counties with a population less than 50,000 will not need to provide 50 percent of the
costs. This will have a positive fiscal impacts on coastal counties.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 380.093 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on January 31, 2022:
Revises s. 380.093, F.S., relating to resiliency planning and funding, to authorize the
Department of Environmental Protection (DEP) to provide grants to coastal counties
to fund the costs of saltwater intrusion vulnerability assessments (Assessments).
Provides that beginning July 1, 2023, DEP may provide grants to coastal counties to
conduct Assessments analyzing the effects of saltwater intrusion on their water
supplies and preparedness to respond to such threats.
Provides what information each Assessment must include.
Requires DEP to use the information contained in the Assessment to update its
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set.
Requires DEP to make appropriate information it receives in the Assessment
available to the public on its website.
Requires DEP to provide 50 percent cost-share funding, up to $250,000, for each
grant awarded.
Provides that counties with a population of 50,000 or less are not required to
contribute to the cost share.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.