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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 environmental protection; amending 2
s. 163.3177, F.S.; revising the required components of 3
a local government comprehensive plan capital 4
improvements element and general sanitary sewer, solid 5
waste, drainage, potable water, and natural 6
groundwater aquifer r echarge element; making technical 7
changes; requiring the update of comprehensive plans 8
by a specified date; providing applicability; amending 9
s. 253.025, F.S.; revising the real property purchase 10
agreements that must be submitted to and approved by 11
the Board of Trustees of the Internal Improvement 12
Trust Fund; increasing the estimated threshold that a 13
parcel to be acquired must meet before additional 14
appraisals are required; amending s. 259.032, F.S.; 15
authorizing the board to acquire interests in lands 16
that complete certain linkages within the Florida 17
wildlife corridor; conforming a provision to changes 18
made by the act; making technical changes; creating s. 19
373.469, F.S.; providing legislative findings and 20
intent; defining terms; providing the components of 21
the Indian River Lagoon Protection Program; requiring 22
the department to evaluate and update the basin 23
management action plans within the program at 24
specified intervals; requiring the department, in 25
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coordination with specified entities, to identify and 26
prioritize strategies and projects to achieve certain 27
water quality standards and total maximum daily loads; 28
requiring the department, in coordination with 29
specified entities, to implement the Indian River 30
Lagoon Watershed Research and Water Quality Monitoring 31
Program for specified purposes; prohibiting the 32
installation of new onsite sewage treatment and 33
disposal systems beginning on a specified date under 34
certain circumstances; requiring that commercial or 35
residential properties with existing onsite sewage 36
treatment and disposal systems be connected to central 37
sewer or be upgraded to a certain system by a 38
specified date; providing construction; authorizing 39
the department and the governing boards of the St. 40
Johns River Water Management District and the South 41
Florida Water Management District to adopt rules; 42
amending s. 373.501, F.S.; requiring, rather than 43
authorizing, the department to transfer appropriated 44
funds to the water management districts for specified 45
purposes; requiring the districts to annually report 46
to the department on the use of such funds; amending 47
s. 373.802, F.S.; defining the term "enhanced 48
nutrient-reducing onsite sewage treatment and disposal 49
system"; amending s. 373.807, F.S.; conforming a 50
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cross-reference; revising requirements for onsite 51
sewage treatment and disposal system remediation plans 52
for springs; amending s. 373.811, F.S.; prohibiting 53
new onsite sewage treatment and disposal systems 54
within basin management action plans in effect for 55
Outstanding Florida Springs under certain 56
circumstances; authorizing the installation of 57
enhanced or alternative systems for certain lots; 58
amending s. 381.0065, F.S.; defining the term 59
"enhanced nutrient-reducing onsite sewage treatment 60
and disposal system"; amending s. 381.00655, F.S.; 61
encouraging local go vernmental agencies that receive 62
funding for connecting onsite sewage treatment and 63
disposal systems to central sewer facilities to 64
provide notice of the funding availability to certain 65
owners of onsite sewage treatment and disposal systems 66
and to maintain a website with certain information 67
regarding the funding; reordering and amending s. 68
403.031, F.S.; defining and revising terms; amending 69
s. 403.067, F.S.; revising requirements for new or 70
revised basin management action plans; requiring that 71
basin management action plans include 5 -year 72
milestones for implementation; requiring certain 73
entities to identify projects or strategies to meet 74
such milestones; prohibiting the installation of new 75
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onsite sewage treatment and disposal systems within 76
specified areas under certain circumstances; requiring 77
the installation of enhanced or alternative systems 78
for certain lots; revising requirements for a basin 79
management action plan's cooperative agricultural 80
regional water quality improvement element; amending 81
s. 403.0673, F.S.; renaming the wastewater grant 82
program as the water quality improvement grant 83
program; revising the purposes of the grant program; 84
specifying the projects for which the department may 85
provide grants under the program; requiring the 86
department to prioritize certain projects; requiring 87
the department to coordinate with each water 88
management district to annually identify projects; 89
requiring the department to coordinate with specified 90
entities to identify projects; revising reporting 91
requirements; amendi ng s. 403.086, F.S.; revising the 92
waters that sewage disposal facilities are prohibited 93
from disposing wastes into; amending ss. 201.15, 94
259.105, 373.019, 373.4132, 373.414, 373.4142, 95
373.430, 373.4592, 403.890, 403.892, 403.9301, and 96
403.9302, F.S.; confo rming cross-references and 97
provisions to changes made by the act; reenacting s. 98
259.045(6), F.S., relating to the purchase of lands in 99
areas of critical state concern, to incorporate the 100
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amendment made to s. 259.032, F.S., in a reference 101
thereto; providing a declaration of important state 102
interest; providing an effective date. 103
104
Be It Enacted by the Legislature of the State of Florida: 105
106
Section 1. Paragraph (a) of subsection (3) and paragraph 107
(c) of subsection (6) of section 163.3177, Florida Statute s, are 108
amended to read: 109
163.3177 Required and optional elements of comprehensive 110
plan; studies and surveys. — 111
(3)(a) The comprehensive plan must shall contain a capital 112
improvements element designed to consider the need for and the 113
location of public fa cilities in order to encourage the 114
efficient use of such facilities and set forth all of the 115
following: 116
1. A component that outlines principles for construction, 117
extension, or increase in capacity of public facilities, as well 118
as a component that outline s principles for correcting existing 119
public facility deficiencies, which are necessary to implement 120
the comprehensive plan. The components must shall cover at least 121
a 5-year period. 122
2. Estimated public facility costs, including a 123
delineation of when faci lities will be needed, the general 124
location of the facilities, and projected revenue sources to 125
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fund the facilities. 126
3. Standards to ensure the availability of public 127
facilities and the adequacy of those facilities to meet 128
established acceptable levels o f service. 129
4. A schedule of capital improvements which includes any 130
publicly funded projects of federal, state, or local government, 131
and which may include privately funded projects for which the 132
local government has no fiscal responsibility. Projects 133
necessary to ensure that any adopted level -of-service standards 134
are achieved and maintained for the 5 -year period must be 135
identified as either funded or unfunded and given a level of 136
priority for funding. 137
5. The schedule must: 138
a. Include transportation im provements included in the 139
applicable metropolitan planning organization's transportation 140
improvement program adopted pursuant to s. 339.175(8) to the 141
extent that such improvements are relied upon to ensure 142
concurrency and financial feasibility ;. 143
b. Where applicable, include a list of projects necessary 144
to achieve the pollutant load reductions attributable to the 145
local government, as established in a basin management action 146
plan pursuant to s. 403.067(7); and 147
c. The schedule must Be coordinated with the applicable 148
metropolitan planning organization's long -range transportation 149
plan adopted pursuant to s. 339.175(7). 150
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(6) In addition to the requirements of subsections (1) -151
(5), the comprehensive plan shall include the following 152
elements: 153
(c) A general sanitary sewer, solid waste, drainage, 154
potable water, and natural groundwater aquifer recharge element 155
correlated to principles and guidelines for future land use, 156
indicating ways to provide for future potable water, drainage, 157
sanitary sewer, solid waste, and aquifer recharge protection 158
requirements for the area. The element may be a detailed 159
engineering plan including a topographic map depicting areas of 160
prime groundwater recharge. 161
1. Each local government shall address in the data and 162
analyses required by this section those facilities that provide 163
service within the local government's jurisdiction. Local 164
governments that provide facilities to serve areas within other 165
local government jurisdictions shall also address those 166
facilities in the data and analy ses required by this section, 167
using data from the comprehensive plan for those areas for the 168
purpose of projecting facility needs as required in this 169
subsection. For shared facilities, each local government shall 170
indicate the proportional capacity of the s ystems allocated to 171
serve its jurisdiction. 172
2. The element must shall describe the problems and needs 173
and the general facilities that will be required for solution of 174
the problems and needs, including correcting existing facility 175
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deficiencies. The elemen t must shall address coordinating the 176
extension of, or increase in the capacity of, or upgrade in 177
treatment of facilities to meet future needs ; prioritizing 178
advanced waste treatment while maximizing the use of existing 179
facilities and discouraging urban spr awl; conserving potable 180
water resources; and protecting the functions of natural 181
groundwater recharge areas and natural drainage features. 182
3. Within the local government's jurisdiction, for any 183
development of more than 50 residential lots, whether built or 184
unbuilt, with more than one onsite sewage treatment and disposal 185
system per 1 acre, the element must consider the feasibility of 186
providing sanitary sewer services within a 10 -year planning 187
horizon and must identify the name and location of the 188
wastewater facility that could receive sanitary sewer flows 189
after connection; the capacity of the facility and any 190
associated transmission facilities; the projected wastewater 191
flow at that facility for the next 20 years, including expected 192
future new construction a nd connections of onsite sewage 193
treatment and disposal systems to sanitary sewer; and a timeline 194
for the construction of the sanitary sewer system. An onsite 195
sewage treatment and disposal system is presumed to exist on a 196
parcel if sanitary sewer services a re not available at or 197
adjacent to the parcel boundary. Each comprehensive plan must be 198
updated to include this element by July 1, 2024, and as needed 199
thereafter to account for future applicable developments. This 200
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subparagraph does not apply to a local gov ernment designated as 201
a rural area of opportunity under s. 288.0656. 202
4. Within 18 months after the governing board approves an 203
updated regional water supply plan, the element must incorporate 204
the alternative water supply project or projects selected by the 205
local government from those identified in the regional water 206
supply plan pursuant to s. 373.709(2)(a) or proposed by the 207
local government under s. 373.709(8)(b). If a local government 208
is located within two water management districts, the local 209
government must shall adopt its comprehensive plan amendment 210
within 18 months aft er the later updated regional water supply 211
plan. The element must identify such alternative water supply 212
projects and traditional water supply projects and conservation 213
and reuse necessary to meet the water needs identified in s. 214
373.709(2)(a) within the l ocal government's jurisdiction and 215
include a work plan, covering at least a 10 -year planning 216
period, for building public, private, and regional water supply 217
facilities, including development of alternative water supplies, 218
which are identified in the elemen t as necessary to serve 219
existing and new development. The work plan must shall be 220
updated, at a minimum, every 5 years within 18 months after the 221
governing board of a water management district approves an 222
updated regional water supply plan. Local governmen ts, public 223
and private utilities, regional water supply authorities, 224
special districts, and water management districts are encouraged 225
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to cooperatively plan for the development of multijurisdictional 226
water supply facilities that are sufficient to meet proje cted 227
demands for established planning periods, including the 228
development of alternative water sources to supplement 229
traditional sources of groundwater and surface water supplies. 230
5.4. A local government that does not own, operate, or 231
maintain its own wat er supply facilities, including, but not 232
limited to, wells, treatment facilities, and distribution 233
infrastructure, and is served by a public water utility with a 234
permitted allocation of greater than 300 million gallons per day 235
is not required to amend its comprehensive plan in response to 236
an updated regional water supply plan or to maintain a work plan 237
if any such local government's usage of water constitutes less 238
than 1 percent of the public water utility's total permitted 239
allocation. However, any such loc al government shall is required 240
to cooperate with, and provide relevant data to, any local 241
government or utility provider that provides service within its 242
jurisdiction, and shall to keep its general sanitary sewer, 243
solid waste, potable water, and natural g roundwater aquifer 244
recharge element updated in accordance with s. 163.3191. 245
Section 2. Subsection (4) and paragraph (b) of subsection 246
(8) of section 253.025, Florida Statutes, are amended to read: 247
253.025 Acquisition of state lands. — 248
(4) An agreement to acquire real property for the purposes 249
described in this chapter, chapter 259, chapter 260, or chapter 250
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375, title to which will vest in the board of trustees, may not 251
bind the state before the agreement is reviewed and approved by 252
the Department of Environmental Protection as complying with 253
this section and any rules adopted pursuant to this section. If 254
any of the following conditions exist, the agreement must shall 255
be submitted to and approved by the board of trustees: 256
(a) The purchase price agreed to by the seller exceeds the 257
value as established pursuant to the rules of the board of 258
trustees.; 259
(b) The contract price agreed to by the seller and the 260
acquiring agency exceeds $5 $1 million.; 261
(c) The acquisition is the initial purchase in a Florida 262
Forever project; or 263
(d) Other conditions that the board of trustees may adopt 264
by rule. Such conditions may include, but are not limited to, 265
Florida Forever projects when title to the property being 266
acquired is considered nonmarketable or is encumbered i n such a 267
way as to significantly affect its management. 268
269
If approval of the board of trustees is required pursuant to 270
this subsection, the acquiring agency must provide a 271
justification as to why it is in the public's interest to 272
acquire the parcel or Flori da Forever project. Approval of the 273
board of trustees is also required for Florida Forever projects 274
the department recommends acquiring pursuant to subsections (11) 275
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and (22). Review and approval of agreements for acquisitions for 276
Florida Greenways and Trai ls Program properties pursuant to 277
chapter 260 may be waived by the department in any contract with 278
nonprofit corporations that have agreed to assist the department 279
with this program. If the contribution of the acquiring agency 280
exceeds $100 million in any o ne fiscal year, the agreement must 281
shall be submitted to and approved by the Legislative Budget 282
Commission. 283
(8) Before approval by the board of trustees, or, when 284
applicable, the Department of Environmental Protection, of any 285
agreement to purchase land p ursuant to this chapter, chapter 286
259, chapter 260, or chapter 375, and before negotiations with 287
the parcel owner to purchase any other land, title to which will 288
vest in the board of trustees, an appraisal of the parcel shall 289
be required as follows: 290
(b) Each parcel to be acquired must shall have at least 291
one appraisal. Two appraisals are required when the estimated 292
value of the parcel exceeds $5 $1 million. However, if both 293
appraisals exceed $5 $1 million and differ significantly, a 294
third appraisal may be obtained. If a parcel is estimated to be 295
worth $100,000 or less and the director of the Division of State 296
Lands finds that the cost of an outside appraisal is not 297
justified, a comparable sales analysis, an appraisal prepared by 298
the division, or other reaso nably prudent procedures may be used 299
by the division to estimate the value of the parcel, provided 300
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the public's interest is reasonably protected. The state is not 301
required to appraise the value of lands and appurtenances that 302
are being donated to the state . 303
304
Notwithstanding this subsection, on behalf of the board of 305
trustees and before the appraisal of parcels approved for 306
purchase under this chapter or chapter 259, the Secretary of 307
Environmental Protection or the director of the Division of 308
State Lands may enter into option contracts to buy such parcels. 309
Any such option contract shall state that the final purchase 310
price is subject to approval by the board of trustees or, if 311
applicable, the Secretary of Environmental Protection, and that 312
the final purchase p rice may not exceed the maximum offer 313
allowed by law. Any such option contract presented to the board 314
of trustees for final purchase price approval shall explicitly 315
state that payment of the final purchase price is subject to an 316
appropriation from the Legi slature. The consideration for such 317
an option may not exceed $1,000 or 0.01 percent of the estimate 318
by the department of the value of the parcel, whichever amount 319
is greater. 320
Section 3. Subsections (2) and (7), paragraph (b) of 321
subsection (8), and para graph (d) of subsection (9) of section 322
259.032, Florida Statutes, are amended to read: 323
259.032 Conservation and recreation lands. — 324
(2) The Governor and Cabinet, sitting as the Board of 325
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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
Trustees of the Internal Improvement Trust Fund, may expend 326
moneys appropriated by the Legislature to acquire the fee or any 327
lesser interest in lands for any of the following public 328
purposes: 329
(a) To conserve and protect environmentally unique and 330
irreplaceable lands that contain native, relatively unaltered 331
flora and fauna representing a natural area unique to, or scarce 332
within, a region of this state or a larger geographic area .; 333
(b) To conserve and protect lands within designated areas 334
of critical state concern, if the proposed acquisition relates 335
to the natural resource protection purposes of the designation .; 336
(c) To conserve and protect native species habitat or 337
endangered or threatened species, emphasizing long -term 338
protection for endangered or threatened species designated G -1 339
or G-2 by the Florida Natural Are as Inventory, and especially 340
those areas that are special locations for breeding and 341
reproduction.; 342
(d) To conserve, protect, manage, or restore important 343
ecosystems, landscapes, and forests, if the protection and 344
conservation of such lands is necessary to enhance or protect 345
significant surface water, groundwater, coastal, recreational, 346
timber, or fish or wildlife resources which cannot otherwise be 347
accomplished through local and state regulatory programs .; 348
(e) To promote water resource development that benefits 349
natural systems and citizens of the state .; 350
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(f) To facilitate the restoration and subsequent health 351
and vitality of the Florida Everglades .; 352
(g) To provide areas, including recreational trails, for 353
natural resource-based recreation and other outdoor recreation 354
on any part of any site compatible with conservation purposes .; 355
(h) To preserve significant archaeological or historic 356
sites.; 357
(i) To conserve urban open spaces suitable for greenways 358
or outdoor recreation which are compatible with c onservation 359
purposes.; or 360
(j) To preserve agricultural lands under threat of 361
conversion to development through less -than-fee acquisitions. 362
(k) To complete critical linkages that will help preserve 363
and protect this state's green infrastructure and vital habitat 364
for wide-ranging wildlife, such as the Florida panther, within 365
the Florida wildlife corridor. 366
(7)(a) All lands managed under this chapter and s. 253.034 367
must shall be: 368
1.(a) Managed in a manner that will provide the greatest 369
combination of benefits to the public and to the resources. 370
2.(b) Managed for public outdoor recreation which is 371
compatible with the conservation and protection of public lands. 372
Such management may include, but not be limited to, the 373
following public recreational uses: fi shing, hunting, camping, 374
bicycling, hiking, nature study, swimming, boating, canoeing, 375
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horseback riding, diving, model hobbyist activities, birding, 376
sailing, jogging, and other related outdoor activities. 377
(b)(c) Concurrent with its adoption of the annual list of 378
acquisition projects pursuant to s. 259.035, the board shall 379
adopt a management prospectus for each project. The management 380
prospectus shall delineate: 381
1. The management goals for the property; 382
2. The conditions that will affect the intensity of 383
management; 384
3. An estimate of the revenue -generating potential of the 385
property, if appropriate; 386
4. A timetable for implementing the various stages of 387
management and for providing access to the public, if 388
applicable; 389
5. A description of potential m ultiple-use activities as 390
described in this section and s. 253.034; 391
6. Provisions for protecting existing infrastructure and 392
for ensuring the security of the project upon acquisition; 393
7. The anticipated costs of management and projected 394
sources of revenue, including legislative appropriations, to 395
fund management needs; and 396
8. Recommendations as to how many employees will be needed 397
to manage the property, and recommendations as to whether local 398
governments, volunteer groups, the former landowner, or ot her 399
interested parties can be involved in the management. 400
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(c)(d) Concurrent with the approval of the acquisition 401
contract pursuant to s. 253.025(4) s. 253.025(4)(c) For any 402
interest in lands except those lands acquired pursuant to s. 403
259.1052, the board shall designate an agency or agencies to 404
manage such lands. The board shall evaluate and amend, as 405
appropriate, the management policy statement for the project as 406
provided by s. 259.035 to ensure that the policy statement is 407
compatible with conservation, recreation, or both. For any fee 408
simple acquisition of a parcel which is or will be leased back 409
for agricultural purposes, or any acquisition of a less than fee 410
interest in land that is or will be used for agricultural 411
purposes, the board shall first consider having a soil and water 412
conservation district, created pursuant to chapter 582, manage 413
and monitor such interests. 414
(d)(e) State agencies designated to manage lan ds acquired 415
under this chapter or with funds deposited into the Land 416
Acquisition Trust Fund, except those lands acquired under s. 417
259.1052, may contract with local governments and soil and water 418
conservation districts to assist in management activities, 419
including the responsibility of being the lead land manager. 420
Such land management contracts may include a provision for the 421
transfer of management funding to the local government or soil 422
and water conservation district from the land acquisition trust 423
fund of the lead land managing agency in an amount adequate for 424
the local government or soil and water conservation district to 425
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perform its contractual land management responsibilities and 426
proportionate to its responsibilities, and which otherwise would 427
have been expended by the state agency to manage the property. 428
(e)(f) Immediately following the acquisition of any 429
interest in conservation and recreation lands, the department, 430
acting on behalf of the board, may issue to the lead managing 431
entity an interim assig nment letter to be effective until the 432
execution of a formal lease. 433
(8) 434
(b) Individual management plans required by s. 253.034(5), 435
for parcels over 160 acres, shall be developed with input from 436
an advisory group. Members of this advisory group shall inc lude, 437
at a minimum, representatives of the lead land managing agency, 438
comanaging entities, local private property owners, the 439
appropriate soil and water conservation district, a local 440
conservation organization, and a local elected official. If 441
habitat or potentially restorable habitat for imperiled species 442
is located on state lands, the Fish and Wildlife Conservation 443
Commission and the Department of Agriculture and Consumer 444
Services shall be included on any advisory group required under 445
chapter 253, and the short-term and long-term management goals 446
required under chapter 253 must advance the goals and objectives 447
of imperiled species management without restricting other uses 448
identified in the management plan. The advisory group shall 449
conduct at least one publ ic hearing within the county in which 450
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the parcel or project is located. For those parcels or projects 451
that are within more than one county, at least one areawide 452
public hearing shall be acceptable and the lead managing agency 453
shall invite a local elected o fficial from each county. The 454
areawide public hearing shall be held in the county in which the 455
core parcels are located. Notice of such public hearing shall be 456
posted on the parcel or project designated for management, 457
advertised in a paper of general circ ulation, and announced at a 458
scheduled meeting of the local governing body before the actual 459
public hearing. The management prospectus required pursuant to 460
paragraph (7)(b) (7)(c) shall be available to the public for a 461
period of 30 days before the public he aring. 462
463
By July 1 of each year, each governmental agency and each 464
private entity designated to manage lands shall report to the 465
Secretary of Environmental Protection on the progress of 466
funding, staffing, and resource management of every project for 467
which the agency or entity is responsible. 468
(9) 469
(d) Up to one-fifth of the funds appropriated for the 470
purposes identified in paragraph (b) shall be reserved by the 471
board for interim management of acquisitions and for associated 472
contractual services, to ensure t he conservation and protection 473
of natural resources on project sites and to allow limited 474
public recreational use of lands. Interim management activities 475
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may include, but not be limited to, resource assessments, 476
control of invasive, nonnative species, habi tat restoration, 477
fencing, law enforcement, controlled burning, and public access 478
consistent with preliminary determinations made pursuant to 479
paragraph (7)(e) (7)(f). The board shall make these interim 480
funds available immediately upon purchase. 481
Section 4. Section 373.469, Florida Statutes, is created 482
to read: 483
373.469 Indian River Lagoon Protection Program. — 484
(1) FINDINGS AND INTENT. — 485
(a) The Legislature finds that: 486
1. The Indian River Lagoon is a critical water resource of 487
this state which provides many economic, natural habitat, and 488
biodiversity functions that benefit the public interest, 489
including fishing, navigation, recreation, and habitat to 490
endangered and threatened species and other flora and fauna. 491
2. Among other causes, land use c hanges, onsite sewage 492
treatment and disposal systems, aging infrastructure, stormwater 493
runoff, agriculture, and residential fertilizer have resulted in 494
excess nutrients entering the Indian River Lagoon and adversely 495
impacting the lagoon's water quality. 496
3. Improvement to the hydrology, water quality, and 497
associated aquatic habitats within the Indian River Lagoon is 498
essential to the protection of the resource. 499
4. It is imperative for the state, local governments, and 500
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agricultural and environmental commun ities to commit to 501
restoring and protecting the surface water resources of the 502
Indian River Lagoon, and a holistic approach to address these 503
issues must be developed and implemented immediately. 504
5. The expeditious implementation of the Banana River 505
Lagoon Basin Management Action Plan, Central Indian River Lagoon 506
Basin Management Action Plan, North Indian River Lagoon Basin 507
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 508
Plan are necessary to improve the quality of water in the Indian 509
River Lagoon ecosystem and to provide a reasonable means of 510
achieving the total maximum daily load requirements and 511
achieving and maintaining compliance with state water quality 512
standards. 513
6. The implementation of the programs contained in this 514
section will benefit the public health, safety, and welfare and 515
is in the public interest. 516
(b) The Legislature intends for this state to protect and 517
restore surface water resources and achieve and maintain 518
compliance with water quality standards in the Indian River 519
Lagoon through the phased, comprehensive, and innovative 520
protection program set forth in this section, including long -521
term solutions based upon the total maximum daily loads 522
established in accordance with s. 403.067. This program is 523
watershed-based, provides for the consideration of all water 524
quality issues needed to meet the total maximum daily load, and 525
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includes research and monitoring, development and implementation 526
of best management practices, refinement of existing 527
regulations, and structural and nonst ructural projects, 528
including public works. 529
(2) DEFINITIONS.—As used in this section, the term: 530
(a) "Best management practice" means a practice or 531
combination of practices determined by the coordinating 532
agencies, based on research, field -testing, and expert review, 533
to be the most effective and practicable on -location means, 534
including economic and technological considerations, for 535
improving water quality in agricultural and urban discharges. 536
Best management practices for agricultural discharges must 537
reflect a balance between water quality improvements and 538
agricultural productivity. 539
(b) "Enhanced nutrient -reducing onsite sewage treatment 540
and disposal system" means an onsite sewage treatment and 541
disposal system approved by the department as capable of meeting 542
or exceeding a 50 percent total nitrogen reduction before 543
disposal of wastewater in the drainfield, or at least 65 percent 544
total nitrogen reduction combined from onsite sewage tank or 545
tanks and drainfield. 546
(c) "Total maximum daily load" means the sum of the 547
individual wasteload allocations for point sources and the load 548
allocations for nonpoint sources and natural background adopted 549
pursuant to s. 403.067. Before determining individual wasteload 550
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allocations and load allocations, the maximum amount of a 551
pollutant that a waterbody or water segment can assimilate from 552
all sources without exceeding water quality standards must first 553
be calculated. 554
(3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The Indian 555
River Lagoon Protection Program consists of t he Banana River 556
Lagoon Basin Management Action Plan, Central Indian River Lagoon 557
Basin Management Action Plan, North Indian River Lagoon Basin 558
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 559
Plan, and such plans are the components of the I ndian River 560
Lagoon Protection Program which achieve phosphorous and nitrogen 561
load reductions for the Indian River Lagoon. 562
(a) Evaluation.—Every 5 years, the department shall 563
evaluate and update the Banana River Lagoon Basin Management 564
Action Plan, Central Indian River Lagoon Basin Management Action 565
Plan, and North Indian River Lagoon Basin Management Action Plan 566
and identify any further load reductions necessary to achieve 567
compliance with the relevant total maximum daily loads 568
established pursuant to s. 4 03.067. As provided in s. 569
403.067(7)(a)6., such plans must include 5 -year milestones for 570
implementation and water quality improvement and a water quality 571
monitoring component sufficient to evaluate whether reasonable 572
progress in pollutant load reductions i s being achieved over 573
time. 574
(b) Water quality standards and total maximum daily 575
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loads.—The department, in coordination with the St. Johns River 576
Water Management District, South Florida Water Management 577
District, local governments, the Indian River Lagoon National 578
Estuary Program, and other stakeholders, shall identify and 579
prioritize strategies and projects necessary to achieve water 580
quality standards within the Indian River Lagoon watershed and 581
meet the total maximum daily loads. Projects identified from 582
this evaluation must be incorporated into the Banana River 583
Lagoon Basin Management Action Plan, Central Indian River Lagoon 584
Basin Management Action Plan, North Indian River Lagoon Basin 585
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 586
Plan, as appropriate. 587
(c) Indian River Lagoon Watershed Research and Water 588
Quality Monitoring Program. —The department, in coordination with 589
the St. Johns River Water Management District, the South Florida 590
Water Management District, and the Indian River Lagoon National 591
Estuary Program, shall implement the Indian River Lagoon 592
Watershed Research and Water Quality Monitoring Program to 593
establish a comprehensive water quality monitoring network 594
throughout the Indian River Lagoon and fund research pertaining 595
to water quality, ecosystem restoration, and seagrass impacts 596
and restoration. The department shall use the results from the 597
program to prioritize projects and to make modifications to the 598
Banana River Lagoon Basin Management Action Plan, Central Indian 599
River Lagoon Basin Management Action Plan, North Indian River 600
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Lagoon Basin Management Action Plan, and Mosquito Lagoon 601
Reasonable Assurance Plan, as appropriate. 602
(d) Onsite sewage treatment and disposal systems. — 603
1. Beginning on January 1, 2024, unless previous ly 604
permitted, the installation of new onsite sewage treatment and 605
disposal systems is prohibited within the Banana River Lagoon 606
Basin Management Action Plan, Central Indian River Lagoon Basin 607
Management Action Plan, North Indian River Lagoon Basin 608
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 609
Plan areas where a publicly owned or investor -owned sewerage 610
system is available as defined in s. 381.0065(2)(a). Where 611
central sewerage is not available, only enhanced nutrient -612
reducing onsite sewag e treatment and disposal systems or other 613
wastewater treatment systems that achieve at least 50 percent 614
nutrient reduction compared to a standard onsite sewage 615
treatment and disposal system are authorized. 616
2. By July 1, 2030, any commercial or residentia l property 617
with an existing onsite sewage treatment and disposal system 618
located within the Banana River Lagoon Basin Management Action 619
Plan, Central Indian River Lagoon Basin Management Action Plan, 620
North Indian River Lagoon Basin Management Action Plan, a nd 621
Mosquito Lagoon Reasonable Assurance Plan areas must connect to 622
central sewer if available or upgrade to an enhanced nutrient -623
reducing onsite sewage treatment and disposal system or other 624
wastewater treatment system that achieves at least 50 percent 625
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nutrient reduction compared to a standard onsite sewage 626
treatment and disposal system. 627
(4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 628
section may not be construed to modify any existing state water 629
quality standard or to modify s. 403.067(6) and (7 )(a). 630
(5) PRESERVATION OF AUTHORITY. —This section may not be 631
construed to restrict the authority otherwise granted to 632
agencies pursuant to this chapter and chapter 403, and this 633
section is supplemental to the authority granted to agencies 634
pursuant to this chapter and chapter 403. 635
(6) RULES.—The department and governing boards of the St. 636
Johns River Water Management District and South Florida Water 637
Management District may adopt rules pursuant to ss. 120.536(1) 638
and 120.54 to implement this section. 639
Section 5. Subsection (1) of section 373.501, Florida 640
Statutes, is amended to read: 641
373.501 Appropriation of funds to water management 642
districts.— 643
(1) The department shall transfer may allocate to the 644
water management districts , from funds appropriated t o the 645
districts through the department in, such sums as may be deemed 646
necessary to defray the costs of the administrative, regulatory, 647
and other operational activities of the districts. The governing 648
boards shall submit annual budget requests for such purp oses to 649
the department, and the department shall consider such budgets 650
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in preparing its budget request for the Legislature. The 651
districts shall annually report to the department on the use of 652
the funds. 653
Section 6. Present subsections (2) through (8) of section 654
373.802, Florida Statutes, are redesignated as subsections (3) 655
through (9), respectively, and a new subsection (2) is added to 656
that section, to read: 657
373.802 Definitions. —As used in this part, the term: 658
(2) "Enhanced nutrient -reducing onsite sewage treatment 659
and disposal system" means an onsite sewage treatment and 660
disposal system approved by the department as capable of meeting 661
or exceeding a 50 percent total nitrogen reduction before 662
disposal of wastewater in the drainfield, or at least 65 p ercent 663
total nitrogen reduction combined from onsite sewage tank or 664
tanks and drainfield. 665
Section 7. Subsections (2) and (3) of section 373.807, 666
Florida Statutes, are amended to read: 667
373.807 Protection of water quality in Outstanding Florida 668
Springs.—By July 1, 2016, the department shall initiate 669
assessment, pursuant to s. 403.067(3), of Outstanding Florida 670
Springs or spring systems for which an impairment determination 671
has not been made under the numeric nutrient standards in effect 672
for spring vents. Assessments must be completed by July 1, 2018. 673
(2) By July 1, 2017, each local government, as defined in 674
s. 373.802(3) s. 373.802(2), that has not adopted an ordinance 675
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pursuant to s. 403.9337, shall develop, enact, and implement an 676
ordinance pursuant to that section. It is the intent of the 677
Legislature that ordinances required to be adopted under this 678
subsection reflect the latest scientific information, 679
advancements, and technological improvements in the industry. 680
(3) As part of a basin management a ction plan that 681
includes an Outstanding Florida Spring, the department, relevant 682
local governments, and relevant local public and private 683
wastewater utilities shall develop an onsite sewage treatment 684
and disposal system remediation plan for a spring if the 685
department determines onsite sewage treatment and disposal 686
systems within a basin management action plan priority focus 687
area contribute at least 20 percent of nonpoint source nitrogen 688
pollution or if the department determines remediation is 689
necessary to achieve the total maximum daily load. The plan must 690
shall identify cost-effective and financially feasible projects 691
necessary to reduce the nutrient impacts from onsite sewage 692
treatment and disposal systems and shall be completed and 693
adopted as part of the basin management action plan no later 694
than the first 5-year milestone required by subparagraph 695
(1)(b)8. The department is the lead agency in coordinating the 696
preparation of and the adoption of the plan. The department 697
shall: 698
(a) Collect and evaluate cred ible scientific information 699
on the effect of nutrients, particularly forms of nitrogen, on 700
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springs and springs systems; and 701
(b) Develop a public education plan to provide area 702
residents with reliable, understandable information about onsite 703
sewage treatment and disposal systems and springs. 704
705
In addition to the requirements in s. 403.067, the plan must 706
shall include options for repair, upgrade, replacement, 707
drainfield modification, addition of effective nitrogen reducing 708
features, connection to a central s ewerage system, or other 709
action for an onsite sewage treatment and disposal system or 710
group of systems within a basin management action plan priority 711
focus area that contribute at least 20 percent of nonpoint 712
source nitrogen pollution or if the department determines 713
remediation is necessary to achieve a total maximum daily load. 714
For these systems, the department shall include in the plan a 715
priority ranking for each system or group of systems that 716
requires remediation and shall award funds to implement the 717
remediation projects contingent on an appropriation in the 718
General Appropriations Act, which may include all or part of the 719
costs necessary for repair, upgrade, replacement, drainfield 720
modification, addition of effective nitrogen reducing features, 721
initial connection to a central sewerage system, or other 722
action. In awarding funds, the department may consider expected 723
nutrient reduction benefit per unit cost, size and scope of 724
project, relative local financial contribution to the project, 725
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and the financial impact on property owners and the community. 726
The department may waive matching funding requirements for 727
proposed projects within an area designated as a rural area of 728
opportunity under s. 288.0656. 729
Section 8. Section 373.811, Florida Statutes, is amende d 730
to read: 731
373.811 Prohibited activities within a basin management 732
action plan priority focus area.—The following activities are 733
prohibited within a basin management action plan priority focus 734
area in effect for an Outstanding Florida Spring: 735
(1) New domestic wastewater disposal facilities, including 736
rapid infiltration basins, with permitted capacities of 100,000 737
gallons per day or more, except for those facilities that meet 738
an advanced wastewater treatment standard of no more than 3 mg/l 739
total nitrogen, expressed as N, on an annual permitted basis, or 740
a more stringent treatment standard if the department determines 741
the more stringent standard is necessary to attain a total 742
maximum daily load for the Outstanding Florida Spring. 743
(2) New onsite sewage tr eatment and disposal systems where 744
connection to a publicly owned or investor -owned sewerage system 745
is available as defined in s. 381.0065(2)(a). On lots of 1 acre 746
or less, if a publicly owned or investor -owned sewerage system 747
is not available, only the in stallation of enhanced nutrient -748
reducing onsite sewage treatment and disposal systems or other 749
wastewater treatment systems that achieve at least 50 percent 750
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nutrient reduction compared to a standard onsite sewage 751
treatment and disposal system are authorize d on lots of less 752
than 1 acre, if the addition of the specific systems conflicts 753
with an onsite treatment and disposal system remediation plan 754
incorporated into a basin management action plan in accordance 755
with s. 373.807(3). 756
(3) New facilities for the d isposal of hazardous waste. 757
(4) The land application of Class A or Class B domestic 758
wastewater biosolids not in accordance with a department 759
approved nutrient management plan establishing the rate at which 760
all biosolids, soil amendments, and sources of n utrients at the 761
land application site can be applied to the land for crop 762
production while minimizing the amount of pollutants and 763
nutrients discharged to groundwater or waters of the state. 764
(5) New agriculture operations that do not implement best 765
management practices, measures necessary to achieve pollution 766
reduction levels established by the department, or groundwater 767
monitoring plans approved by a water management district or the 768
department. 769
Section 9. Present paragraphs (f) through (r) of 770
subsection (2) of section 381.0065, Florida Statutes, are 771
redesignated as paragraphs (g) through (s), respectively, a new 772
paragraph (f) is added to that subsection, and paragraph (n) of 773
subsection (4) of that section is amended, to read: 774
381.0065 Onsite sewage treatment and disposal systems; 775
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regulation.— 776
(2) DEFINITIONS.—As used in ss. 381.0065 -381.0067, the 777
term: 778
(f) "Enhanced nutrient -reducing onsite sewage treatment 779
and disposal system" means an onsite sewage treatment and 780
disposal system approved by the department as capable of meeting 781
or exceeding a 50 percent total nitrogen reduction before 782
disposal of wastewater in the drainfield, or at least 65 percent 783
total nitrogen reduction combined from onsite sewage tank or 784
tanks and drainfield. 785
(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 786
construct, repair, modify, abandon, or operate an onsite sewage 787
treatment and disposal system without first obtaining a permit 788
approved by the department. The department may issue permits to 789
carry out this section, except that the issuance of a permit for 790
work seaward of the coastal construction control line 791
established under s. 161.053 is shall be contingent upon receipt 792
of any required coastal construction control line permit from 793
the department. A construction per mit is valid for 18 months 794
after the date of issuance and may be extended by the department 795
for one 90-day period under rules adopted by the department. A 796
repair permit is valid for 90 days after the date of issuance. 797
An operating permit must be obtained b efore the use of any 798
aerobic treatment unit or if the establishment generates 799
commercial waste. Buildings or establishments that use an 800
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aerobic treatment unit or generate commercial waste shall be 801
inspected by the department at least annually to assure 802
compliance with the terms of the operating permit. The operating 803
permit for a commercial wastewater system is valid for 1 year 804
after the date of issuance and must be renewed annually. The 805
operating permit for an aerobic treatment unit is valid for 2 806
years after the date of issuance and must be renewed every 2 807
years. If all information pertaining to the siting, location, 808
and installation conditions or repair of an onsite sewage 809
treatment and disposal system remains the same, a construction 810
or repair permit for the onsite sewage treatment and disposal 811
system may be transferred to another person, if the transferee 812
files, within 60 days after the transfer of ownership, an 813
amended application providing all corrected information and 814
proof of ownership of the property . A fee is not associated with 815
the processing of this supplemental information. A person may 816
not contract to construct, modify, alter, repair, service, 817
abandon, or maintain any portion of an onsite sewage treatment 818
and disposal system without being registe red under part III of 819
chapter 489. A property owner who personally performs 820
construction, maintenance, or repairs to a system serving his or 821
her own owner-occupied single-family residence is exempt from 822
registration requirements for performing such constru ction, 823
maintenance, or repairs on that residence, but is subject to all 824
permitting requirements. A municipality or political subdivision 825
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of the state may not issue a building or plumbing permit for any 826
building that requires the use of an onsite sewage tre atment and 827
disposal system unless the owner or builder has received a 828
construction permit for such system from the department. A 829
building or structure may not be occupied and a municipality, 830
political subdivision, or any state or federal agency may not 831
authorize occupancy until the department approves the final 832
installation of the onsite sewage treatment and disposal system. 833
A municipality or political subdivision of the state may not 834
approve any change in occupancy or tenancy of a building that 835
uses an onsite sewage treatment and disposal system until the 836
department has reviewed the use of the system with the proposed 837
change, approved the change, and amended the operating permit. 838
(n) Evaluations for determining the seasonal high -water 839
table elevations or the suitability of soils for the use of a 840
new onsite sewage treatment and disposal system shall be 841
performed by department personnel, professional engineers 842
registered in the state, or such other persons with expertise, 843
as defined by rule, in making such e valuations. Evaluations for 844
determining mean annual flood lines shall be performed by those 845
persons identified in paragraph (2)(l) (2)(k). The department 846
shall accept evaluations submitted by professional engineers and 847
such other persons as meet the expert ise established by this 848
section or by rule unless the department has a reasonable 849
scientific basis for questioning the accuracy or completeness of 850
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the evaluation. 851
Section 10. Subsection (3) is added to section 381.00655, 852
Florida Statutes, to read: 853
381.00655 Connection of existing onsite sewage treatment 854
and disposal systems to central sewerage system; requirements. — 855
(3) Local governmental agencies, as defined in s. 856
403.1835(2), that receive grants or loans from the department to 857
offset the cost of connecting onsite sewage treatment and 858
disposal systems to publicly owned or investor -owned sewerage 859
systems are encouraged to do all of the following while such 860
funds remain available: 861
(a) Identify the owners of onsite sewage treatment and 862
disposal systems within the jurisdiction of the respective local 863
governmental agency who are eligible to apply for the grant or 864
loan funds and notify such owners of the funding availability. 865
(b) Maintain a publicly available website with information 866
relating to the availability of the grant or loan funds, 867
including the amount of funds available and information on how 868
the owner of an onsite sewage treatment and disposal system may 869
apply for such funds. 870
Section 11. Section 403.031, Florida Statutes, is 871
reordered and amended to read: 872
403.031 Definitions. —In construing this chapter, or rules 873
and regulations adopted pursuant hereto, the following words, 874
phrases, or terms, unless the context otherwise indicates, have 875
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the following meanings: 876
(1) "Contaminant" is any substance which is harmful to 877
plant, animal, or human life. 878
(2) "Department" means the Department of Environmental 879
Protection. 880
(3) "Effluent limitations" means any restriction 881
established by the department on quantities, rates, or 882
concentrations of che mical, physical, biological, or other 883
constituents which are discharged from sources into waters of 884
the state. 885
(5) "Enhanced nutrient -reducing onsite sewage treatment 886
and disposal system" means an onsite sewage treatment and 887
disposal system approved by t he department as capable of meeting 888
or exceeding a 50 percent total nitrogen reduction before 889
disposal of wastewater in the drainfield, or at least 65 percent 890
total nitrogen reduction combined from onsite sewage tank or 891
tanks and drainfield. 892
(6)(4) "Installation" means is any structure, equipment, 893
or facility, or appurtenances thereto, or operation which may 894
emit air or water contaminants in quantities prohibited by rules 895
of the department. 896
(7) "Nutrient or nutrient -related standards" means water 897
quality standards and criteria established for total nitrogen 898
and total phosphorous, or their organic or inorganic forms; 899
biological variables, such as chlorophyll -a, biomass, or the 900
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structure of the phytoplankton, periphyton, or vascular plant 901
community, that respond to nutrient load or concentration in a 902
predictable and measurable manner; or dissolved oxygen if it is 903
demonstrated for the waterbody that dissolved oxygen conditions 904
result in a biological imbalance and the dissolved oxygen 905
responds to a nutrient l oad or concentration in a predictable 906
and measurable manner. 907
(8) "Onsite sewage treatment and disposal system" means a 908
system that contains a standard subsurface, filled, or mound 909
drainfield system; an aerobic treatment unit; a graywater system 910
tank; a laundry wastewater system tank; a septic tank; a grease 911
interceptor; a pump tank; a solids or effluent pump; a 912
waterless, incinerating, or organic waste -composting toilet; or 913
a sanitary pit privy that is installed or proposed to be 914
installed beyond the buil ding sewer on land of the owner or on 915
other land to which the owner has the legal right to install a 916
system. The term includes any item placed within, or intended to 917
be used as a part of or in conjunction with, the system. The 918
term does not include package sewage treatment facilities and 919
other treatment works regulated under chapter 403. 920
(9)(5) "Person" means the state or any agency or 921
institution thereof, the United States or any agency or 922
institution thereof, or any municipality, political subdivision, 923
public or private corporation, individual, partnership, 924
association, or other entity and includes any officer or 925
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governing or managing body of the state, the United States, any 926
agency, any municipality, political subdivision, or public or 927
private corporation. 928
(10)(6) "Plant" is any unit operation, complex, area, or 929
multiple of unit operations that produce, process, or cause to 930
be processed any materials, the processing of which can, or may, 931
cause air or water pollution. 932
(11)(7) "Pollution" is the presen ce in the outdoor 933
atmosphere or waters of the state of any substances, 934
contaminants, noise, or manmade or human -induced impairment of 935
air or waters or alteration of the chemical, physical, 936
biological, or radiological integrity of air or water in 937
quantities or at levels which are or may be potentially harmful 938
or injurious to human health or welfare, animal or plant life, 939
or property or which unreasonably interfere with the enjoyment 940
of life or property, including outdoor recreation unless 941
authorized by applicable law. 942
(12)(8) "Pollution prevention" means the steps taken by a 943
potential generator of contamination or pollution to eliminate 944
or reduce the contamination or pollution before it is discharged 945
into the environment. The term includes nonmandatory step s taken 946
to use alternative forms of energy, conserve or reduce the use 947
of energy, substitute nontoxic materials for toxic materials, 948
conserve or reduce the use of toxic materials and raw materials, 949
reformulate products, modify manufacturing or other proces ses, 950
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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
improve in-plant maintenance and operations, implement 951
environmental planning before expanding a facility, and recycle 952
toxic or other raw materials. 953
(14)(9) "Sewerage system" means pipelines or conduits, 954
pumping stations, and force mains and all oth er structures, 955
devices, appurtenances, and facilities used for collecting or 956
conducting wastes to an ultimate point for treatment or 957
disposal. 958
(15)(10) "Source" means is any and all points of origin of 959
a contaminant the item defined in subsection (1) , whether 960
privately or publicly owned or operated. 961
(21)(11) "Treatment works" and "disposal systems" mean any 962
plant or other works used for the purpose of treating, 963
stabilizing, or holding wastes. 964
(22)(12) "Wastes" means sewage, industrial wastes, and all 965
other liquid, gaseous, solid, radioactive, or other substances 966
which may pollute or tend to pollute any waters of the state. 967
(23)(13) "Waters" include, but are not limited to, rivers, 968
lakes, streams, springs, impoundments, wetlands, and all other 969
waters or bodies of water, including fresh, brackish, saline, 970
tidal, surface, or underground waters. Waters owned entirely by 971
one person other than the state are included only in regard to 972
possible discharge on other property or water. Underground 973
waters include, but are not limited to, all underground waters 974
passing through pores of rock or soils or flowing through in 975
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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
channels, whether manmade or natural. Solely for purposes of s. 976
403.0885, waters of the state a lso include navigable waters or 977
waters of the contiguous zone as used in s. 502 of the Clean 978
Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 979
existence on January 1, 1993, except for those navigable waters 980
seaward of the boundaries of the state set forth in s. 1, Art. 981
II of the State Constitution. Solely for purposes of this 982
chapter, waters of the state also include the area bounded by 983
the following: 984
(a) Commence at the intersection of State Road (SRD) 5 985
(U.S. 1) and the county line dividing Miami -Dade and Monroe 986
Counties, said point also being the mean high -water line of 987
Florida Bay, located in section 4, township 60 south, range 39 988
east of the Tallahassee Meridian for the point of beginning. 989
From said point of beginning, thence run northwesterly along 990
said SRD 5 to an intersection with the north line of section 18, 991
township 58 south, range 39 east; thence run westerly to a point 992
marking the southeast corner of section 12, township 58 south, 993
range 37 east, said point also lying on the east boundary of the 994
Everglades National Park; thence run north along the east 995
boundary of the aforementioned Everglades National Park to a 996
point marking the northeast corner of section 1, township 58 997
south, range 37 east; thence run west along said park to a point 998
marking the northwest corner of said section 1; thence run 999
northerly along said park to a point marking the northwest 1000
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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
corner of section 24, township 57 south, range 37 east; thence 1001
run westerly along the south lines of sections 14, 15, and 16 to 1002
the southwest corner of section 16; thence leaving the 1003
Everglades National Park boundary run northerly along the west 1004
line of section 16 to the northwest corner of section 16; thence 1005
east along the northerly line of section 16 to a point at the 1006
intersection of the east one-half and west one-half of section 1007
9; thence northerly along the line separating the east one -half 1008
and the west one-half of sections 9, 4, 33, and 28; thence run 1009
easterly along the north line of section 28 to the northeast 1010
corner of section 28; thence run northerly along the west line 1011
of section 22 to the northwest corner of section 22; thence 1012
easterly along the north line of section 22 to a point at the 1013
intersection of the east one -half and west one-half of section 1014
15; thence run northerly along said l ine to the point of 1015
intersection with the north line of section 15; thence easterly 1016
along the north line of section 15 to the northeast corner of 1017
section 15; thence run northerly along the west lines of 1018
sections 11 and 2 to the northwest corner of section 2; thence 1019
run easterly along the north lines of sections 2 and 1 to the 1020
northeast corner of section 1, township 56 south, range 37 east; 1021
thence run north along the east line of section 36, township 55 1022
south, range 37 east to the northeast corner of section 36; 1023
thence run west along the north line of section 36 to the 1024
northwest corner of section 36; thence run north along the west 1025
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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
line of section 25 to the northwest corner of section 25; thence 1026
run west along the north line of section 26 to the northwest 1027
corner of section 26; thence run north along the west line of 1028
section 23 to the northwest corner of section 23; thence run 1029
easterly along the north line of section 23 to the northeast 1030
corner of section 23; thence run north along the west line of 1031
section 13 to the northwest corner of section 13; thence run 1032
east along the north line of section 13 to a point of 1033
intersection with the west line of the southeast one -quarter of 1034
section 12; thence run north along the west line of the 1035
southeast one-quarter of section 1 2 to the northwest corner of 1036
the southeast one-quarter of section 12; thence run east along 1037
the north line of the southeast one -quarter of section 12 to the 1038
point of intersection with the east line of section 12; thence 1039
run east along the south line of the northwest one-quarter of 1040
section 7 to the southeast corner of the northwest one -quarter 1041
of section 7; thence run north along the east line of the 1042
northwest one-quarter of section 7 to the point of intersection 1043
with the north line of section 7; thence run northerly along the 1044
west line of the southeast one -quarter of section 6 to the 1045
northwest corner of the southeast one -quarter of section 6; 1046
thence run east along the north lines of the southeast one -1047
quarter of section 6 and the southwest one -quarter of section 5 1048
to the northeast corner of the southwest one -quarter of section 1049
5; thence run northerly along the east line of the northwest 1050
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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
one-quarter of section 5 to the point of intersection with the 1051
north line of section 5; thence run northerly along the line 1052
dividing the east one -half and the west one -half of Lot 5 to a 1053
point intersecting the north line of Lot 5; thence run east 1054
along the north line of Lot 5 to the northeast corner of Lot 5, 1055
township 54 1/2 south, range 38 east; thence run north along the 1056
west line of section 33, township 54 south, range 38 east to a 1057
point intersecting the northwest corner of the southwest one -1058
quarter of section 33; thence run easterly along the north line 1059
of the southwest one -quarter of section 33 to the northeast 1060
corner of the southwest one-quarter of section 33; thence run 1061
north along the west line of the northeast one -quarter of 1062
section 33 to a point intersecting the north line of section 33; 1063
thence run easterly along the north line of section 33 to the 1064
northeast corner of se ction 33; thence run northerly along the 1065
west line of section 27 to a point intersecting the northwest 1066
corner of the southwest one -quarter of section 27; thence run 1067
easterly to the northeast corner of the southwest one -quarter of 1068
section 27; thence run nor therly along the west line of the 1069
northeast one-quarter of section 27 to a point intersecting the 1070
north line of section 27; thence run west along the north line 1071
of section 27 to the northwest corner of section 27; thence run 1072
north along the west lines of s ections 22 and 15 to the 1073
northwest corner of section 15; thence run easterly along the 1074
north lines of sections 15 and 14 to the point of intersection 1075
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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
with the L-31N Levee, said intersection located near the 1076
southeast corner of section 11, township 54 south , range 38 1077
east; thence run northerly along Levee L -31N crossing SRD 90 1078
(U.S. 41 Tamiami Trail) to an intersection common to Levees L -1079
31N, L-29, and L-30, said intersection located near the 1080
southeast corner of section 2, township 54 south, range 38 east; 1081
thence run northeasterly, northerly, and northeasterly along 1082
Levee L-30 to a point of intersection with the Miami -1083
Dade/Broward Levee, said intersection located near the northeast 1084
corner of section 17, township 52 south, range 39 east; thence 1085
run due east to a point of intersection with SRD 27 (Krome 1086
Ave.); thence run northeasterly along SRD 27 to an intersection 1087
with SRD 25 (U.S. 27), said intersection located in section 3, 1088
township 52 south, range 39 east; thence run northerly along 1089
said SRD 25, entering in to Broward County, to an intersection 1090
with SRD 84 at Andytown; thence run southeasterly along the 1091
aforementioned SRD 84 to an intersection with the southwesterly 1092
prolongation of Levee L -35A, said intersection being located in 1093
the northeast one-quarter of section 5, township 50 south, range 1094
40 east; thence run northeasterly along Levee L -35A to an 1095
intersection of Levee L -36, said intersection located near the 1096
southeast corner of section 12, township 49 south, range 40 1097
east; thence run northerly along Levee L -36, entering into Palm 1098
Beach County, to an intersection common to said Levees L -36, L-1099
39, and L-40, said intersection located near the west quarter 1100
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corner of section 19, township 47 south, range 41 east; thence 1101
run northeasterly, easterly, and northerly a long Levee L-40, 1102
said Levee L-40 being the easterly boundary of the Loxahatchee 1103
National Wildlife Refuge, to an intersection with SRD 80 (U.S. 1104
441), said intersection located near the southeast corner of 1105
section 32, township 43 south, range 40 east; thence run 1106
westerly along the aforementioned SRD 80 to a point marking the 1107
intersection of said road and the northeasterly prolongation of 1108
Levee L-7, said Levee L-7 being the westerly boundary of the 1109
Loxahatchee National Wildlife Refuge; thence run southwesterly 1110
and southerly along said Levee L -7 to an intersection common to 1111
Levees L-7, L-15 (Hillsborough Canal), and L -6; thence run 1112
southwesterly along Levee L -6 to an intersection common to Levee 1113
L-6, SRD 25 (U.S. 27), and Levee L -5, said intersection being 1114
located near the northwest corner of section 27, township 47 1115
south, range 38 east; thence run westerly along the 1116
aforementioned Levee L -5 to a point intersecting the east line 1117
of range 36 east; thence run northerly along said range line to 1118
a point marking the n ortheast corner of section 1, township 47 1119
south, range 36 east; thence run westerly along the north line 1120
of township 47 south, to an intersection with Levee L -23/24 1121
(Miami Canal); thence run northwesterly along the Miami Canal 1122
Levee to a point intersecting the north line of section 22, 1123
township 46 south, range 35 east; thence run westerly to a point 1124
marking the northwest corner of section 21, township 46 south, 1125
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range 35 east; thence run southerly to the southwest corner of 1126
said section 21; thence run wester ly to a point marking the 1127
northwest corner of section 30, township 46 south, range 35 1128
east, said point also being on the line dividing Palm Beach and 1129
Hendry Counties; from said point, thence run southerly along 1130
said county line to a point marking the inter section of Broward, 1131
Hendry, and Collier Counties, said point also being the 1132
northeast corner of section 1, township 49 south, range 34 east; 1133
thence run westerly along the line dividing Hendry and Collier 1134
Counties and continuing along the prolongation there of to a 1135
point marking the southwest corner of section 36, township 48 1136
south, range 29 east; thence run southerly to a point marking 1137
the southwest corner of section 12, township 49 south, range 29 1138
east; thence run westerly to a point marking the southwest 1139
corner of section 10, township 49 south, range 29 east; thence 1140
run southerly to a point marking the southwest corner of section 1141
15, township 49 south, range 29 east; thence run westerly to a 1142
point marking the northwest corner of section 24, township 49 1143
south, range 28 east, said point lying on the west boundary of 1144
the Big Cypress Area of Critical State Concern as described in 1145
rule 28-25.001, Florida Administrative Code; thence run 1146
southerly along said boundary crossing SRD 84 (Alligator Alley) 1147
to a point marking the southwest corner of section 24, township 1148
50 south, range 28 east; thence leaving the aforementioned west 1149
boundary of the Big Cypress Area of Critical State Concern run 1150
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easterly to a point marking the northeast corner of section 25, 1151
township 50 south, range 28 east; thence run southerly along the 1152
east line of range 28 east to a point lying approximately 0.15 1153
miles south of the northeast corner of section 1, township 52 1154
south, range 28 east; thence run southwesterly 2.4 miles more or 1155
less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), 1156
said intersection lying 1.1 miles more or less west of the east 1157
line of range 28 east; thence run northwesterly and westerly 1158
along SRD 90 to an intersection with the west line of section 1159
10, township 52 south, r ange 28 east; thence leaving SRD 90 run 1160
southerly to a point marking the southwest corner of section 15, 1161
township 52 south, range 28 east; thence run westerly crossing 1162
the Faka Union Canal 0.6 miles more or less to a point; thence 1163
run southerly and paralle l to the Faka Union Canal to a point 1164
located on the mean high -water line of Faka Union Bay; thence 1165
run southeasterly along the mean high -water line of the various 1166
bays, rivers, inlets, and streams to the point of beginning. 1167
(b) The area bounded by the li ne described in paragraph 1168
(a) generally includes those waters to be known as waters of the 1169
state. The landward extent of these waters shall be determined 1170
by the delineation methodology ratified in s. 373.4211. Any 1171
waters which are outside the general bound ary line described in 1172
paragraph (a) but which are contiguous thereto by virtue of the 1173
presence of a wetland, watercourse, or other surface water, as 1174
determined by the delineation methodology ratified in s. 1175
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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
373.4211, shall be a part of this waterbody water body. Any 1176
areas within the line described in paragraph (a) which are 1177
neither a wetland nor surface water, as determined by the 1178
delineation methodology ratified in s. 373.4211, shall be 1179
excluded therefrom. If the Florida Environmental Regulation 1180
Commission designates the waters within the boundaries an 1181
Outstanding Florida Water, waters outside the boundaries may 1182
shall not be included as part of such designation unless a 1183
hearing is held pursuant to notice in each appropriate county 1184
and the boundaries of such lands are specifically considered and 1185
described for such designation. 1186
(16)(14) "State water resource implementation rule" means 1187
the rule authorized by s. 373.036, which sets forth goals, 1188
objectives, and guidance for the development and review of 1189
programs, rules, and plans relating to water resources, based on 1190
statutory policies and directives. The waters of the state are 1191
among its most basic resources. Such waters should be managed to 1192
conserve and protect water resources and to realize the full 1193
beneficial use of these resources. 1194
(17)(15) "Stormwater management program" means the 1195
institutional strategy for stormwater management, including 1196
urban, agricultural, and other stormwater. 1197
(18)(16) "Stormwater management system" means a system 1198
which is designed and constructed or implemented to control 1199
discharges that which are necessitated by rainfall events, 1200
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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
incorporating methods to collect, convey, store, absorb, 1201
inhibit, treat, use, or reuse water to prevent or reduce 1202
flooding, overdrainage, environmental deg radation and water 1203
pollution or otherwise affect the quantity and quality of 1204
discharges from the system. 1205
(19)(17) "Stormwater utility" means the funding of a 1206
stormwater management program by assessing the cost of the 1207
program to the beneficiaries based on their relative 1208
contribution to its need. It is operated as a typical utility 1209
which bills services regularly, similar to water and wastewater 1210
services. 1211
(24)(18) "Watershed" means the land area that which 1212
contributes to the flow of water into a receiving body of water. 1213
(13)(19) "Regulated air pollutant" means any pollutant 1214
regulated under the federal Clean Air Act. 1215
(4)(20) "Electrical power plant" means, for purposes of 1216
this part of this chapter, any electrical generating facility 1217
that uses any process or fuel and that is owned or operated by 1218
an electric utility, as defined in s. 403.503(14), and includes 1219
any associated facility that directly supports the operation of 1220
the electrical power plant. 1221
(20)(21) "Total maximum daily load" is defined as the su m 1222
of the individual wasteload allocations for point sources and 1223
the load allocations for nonpoint sources and natural 1224
background. Prior to determining individual wasteload 1225
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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
allocations and load allocations, the maximum amount of a 1226
pollutant that a waterbody water body or water segment can 1227
assimilate from all sources without exceeding water quality 1228
standards must first be calculated. 1229
Section 12. Paragraphs (a) and (e) of subsection (7) of 1230
section 403.067, Florida Statutes, are amended to read: 1231
403.067 Establishment and implementation of total maximum 1232
daily loads.— 1233
(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1234
IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 1235
(a) Basin management action plans. — 1236
1. In developing and implementing the total maximum daily 1237
load for a waterbody water body, the department, or the 1238
department in conjunction with a water management district, may 1239
develop a basin management action plan that addresses some or 1240
all of the watersheds and basins tributary to the waterbody 1241
water body. Such plan must integrate the appropriate management 1242
strategies available to the state through existing water quality 1243
protection programs to achieve the total maximum daily loads and 1244
may provide for phased implementation of these management 1245
strategies to promote timely, cost -effective actions as provided 1246
for in s. 403.151. The plan must establish a schedule 1247
implementing the management strategies, establish a basis for 1248
evaluating the plan's effectivenes s, and identify feasible 1249
funding strategies for implementing the plan's management 1250
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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
strategies. The management strategies may include regional 1251
treatment systems or other public works, when appropriate, and 1252
voluntary trading of water quality credits to achie ve the needed 1253
pollutant load reductions. 1254
2. A basin management action plan must equitably allocate, 1255
pursuant to paragraph (6)(b), pollutant reductions to individual 1256
basins, as a whole to all basins, or to each identified point 1257
source or category of nonpo int sources, as appropriate. For 1258
nonpoint sources for which best management practices have been 1259
adopted, the initial requirement specified by the plan must be 1260
those practices developed pursuant to paragraph (c). When 1261
appropriate, the plan may take into acc ount the benefits of 1262
pollutant load reduction achieved by point or nonpoint sources 1263
that have implemented management strategies to reduce pollutant 1264
loads, including best management practices, before the 1265
development of the basin management action plan. The plan must 1266
also identify the mechanisms that will address potential future 1267
increases in pollutant loading. 1268
3. The basin management action planning process is 1269
intended to involve the broadest possible range of interested 1270
parties, with the objective of enco uraging the greatest amount 1271
of cooperation and consensus possible. In developing a basin 1272
management action plan, the department shall assure that key 1273
stakeholders, including, but not limited to, applicable local 1274
governments, water management districts, the Department of 1275
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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
Agriculture and Consumer Services, other appropriate state 1276
agencies, local soil and water conservation districts, 1277
environmental groups, regulated interests, and affected 1278
pollution sources, are invited to participate in the process. 1279
The department shall hold at least one public meeting in the 1280
vicinity of the watershed or basin to discuss and receive 1281
comments during the planning process and shall otherwise 1282
encourage public participation to the greatest practicable 1283
extent. Notice of the public m eeting must be published in a 1284
newspaper of general circulation in each county in which the 1285
watershed or basin lies at least 5 days, but not more than 15 1286
days, before the public meeting. A basin management action plan 1287
does not supplant or otherwise alter an y assessment made under 1288
subsection (3) or subsection (4) or any calculation or initial 1289
allocation. 1290
4. Each new or revised basin management action plan must 1291
shall include all of the following : 1292
a. The appropriate management strategies available through 1293
existing water quality protection programs to achieve total 1294
maximum daily loads, which may provide for phased implementation 1295
to promote timely, cost -effective actions as provided for in s. 1296
403.151.; 1297
b. A description of best management practices adopted by 1298
rule.; 1299
c. For the applicable 5 -year implementation milestone, a 1300
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list of projects that will achieve the pollutant load reductions 1301
needed to meet the total maximum daily load or the load 1302
allocations established pursuant to subsection (6). Each project 1303
must include a planning -level cost estimate and an estimated 1304
date of completion. A list of projects in priority ranking with 1305
a planning-level cost estimate and estimated date of completion 1306
for each listed project; 1307
d. A list of projects developed pursuant to paragraph (e), 1308
if applicable. 1309
e.d. The source and amount of financial assistance to be 1310
made available by the department, a water management district, 1311
or other entity for each listed project, if applicable .; and 1312
f.e. A planning-level estimate of each l isted project's 1313
expected load reduction, if applicable. 1314
5. The department shall adopt all or any part of a basin 1315
management action plan and any amendment to such plan by 1316
secretarial order pursuant to chapter 120 to implement this 1317
section. 1318
6. The basin management action plan must include 5-year 1319
milestones for implementation and water quality improvement, and 1320
an associated water quality monitoring component sufficient to 1321
evaluate whether reasonable progress in pollutant load 1322
reductions is being achieved o ver time. An assessment of 1323
progress toward these milestones shall be conducted every 5 1324
years, and revisions to the plan shall be made as appropriate. 1325
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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
Any entity with a specific pollutant load reduction requirement 1326
established in a basin management action p lan shall identify the 1327
projects or strategies that such entity will undertake to meet 1328
current 5-year pollution reduction milestones, beginning with 1329
the first 5-year milestone for new basin management action 1330
plans, and submit such projects to the department for inclusion 1331
in the appropriate basin management action plan. Each project 1332
identified must include an estimated amount of nutrient 1333
reduction that is reasonably expected to be achieved based on 1334
the best scientific information available. Revisions to the 1335
basin management action plan shall be made by the department in 1336
cooperation with basin stakeholders. Revisions to the management 1337
strategies required for nonpoint sources must follow the 1338
procedures in subparagraph (c)4. Revised basin management action 1339
plans must be adopted pursuant to subparagraph 5. 1340
7. In accordance with procedures adopted by rule under 1341
paragraph (9)(c), basin management action plans, and other 1342
pollution control programs under local, state, or federal 1343
authority as provided in subsection (4 ), may allow point or 1344
nonpoint sources that will achieve greater pollutant reductions 1345
than required by an adopted total maximum daily load or 1346
wasteload allocation to generate, register, and trade water 1347
quality credits for the excess reductions to enable ot her 1348
sources to achieve their allocation; however, the generation of 1349
water quality credits does not remove the obligation of a source 1350
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or activity to meet applicable technology requirements or 1351
adopted best management practices. Such plans must allow trading 1352
between NPDES permittees, and trading that may or may not 1353
involve NPDES permittees, where the generation or use of the 1354
credits involve an entity or activity not subject to department 1355
water discharge permits whose owner voluntarily elects to obtain 1356
department authorization for the generation and sale of credits. 1357
8. The department's rule relating to the equitable 1358
abatement of pollutants into surface waters do not apply to 1359
water bodies or waterbody water body segments for which a basin 1360
management plan that t akes into account future new or expanded 1361
activities or discharges has been adopted under this section. 1362
9. In order to promote resilient wastewater utilities, if 1363
the department identifies domestic wastewater treatment 1364
facilities or onsite sewage treatment and disposal systems as 1365
contributors of at least 20 percent of point source or nonpoint 1366
source nutrient pollution or if the department determines 1367
remediation is necessary to achieve the total maximum daily 1368
load, a basin management action plan for a nutrie nt total 1369
maximum daily load must include the following: 1370
a. A wastewater treatment plan developed by each local 1371
government, in cooperation with the department, the water 1372
management district, and the public and private domestic 1373
wastewater treatment facilit ies within the jurisdiction of the 1374
local government, that addresses domestic wastewater. The 1375
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wastewater treatment plan must: 1376
(I) Provide for construction, expansion, or upgrades 1377
necessary to achieve the total maximum daily load requirements 1378
applicable to the domestic wastewater treatment facility. 1379
(II) Include the permitted capacity in average annual 1380
gallons per day for the domestic wastewater treatment facility; 1381
the average nutrient concentration and the estimated average 1382
nutrient load of the domestic wastewater; a projected timeline 1383
of the dates by which the construction of any facility 1384
improvements will begin and be completed and the date by which 1385
operations of the improved facility will begin; the estimated 1386
cost of the improvements; and the identity of responsible 1387
parties. 1388
1389
The wastewater treatment plan must be adopted as part of the 1390
basin management action plan no later than July 1, 2025. A local 1391
government that does not have a domestic wastewater treatment 1392
facility in its jurisdiction is not require d to develop a 1393
wastewater treatment plan unless there is a demonstrated need to 1394
establish a domestic wastewater treatment facility within its 1395
jurisdiction to improve water quality necessary to achieve a 1396
total maximum daily load. A local government is not r esponsible 1397
for a private domestic wastewater facility's compliance with a 1398
basin management action plan unless such facility is operated 1399
through a public-private partnership to which the local 1400
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government is a party. 1401
b. An onsite sewage treatment and disposal system 1402
remediation plan developed by each local government in 1403
cooperation with the department, the Department of Health, water 1404
management districts, and public and private domestic wastewater 1405
treatment facilities. 1406
(I) The onsite sewage treatment and disposal system 1407
remediation plan must identify cost -effective and financially 1408
feasible projects necessary to achieve the nutrient load 1409
reductions required for onsite sewage treatment and disposal 1410
systems. To identify cost -effective and financially fea sible 1411
projects for remediation of onsite sewage treatment and disposal 1412
systems, the local government shall: 1413
(A) Include an inventory of onsite sewage treatment and 1414
disposal systems based on the best information available; 1415
(B) Identify onsite sewage tre atment and disposal systems 1416
that would be eliminated through connection to existing or 1417
future central domestic wastewater infrastructure in the 1418
jurisdiction or domestic wastewater service area of the local 1419
government, that would be replaced with or upgrade d to enhanced 1420
nutrient-reducing onsite sewage treatment and disposal systems, 1421
or that would remain on conventional onsite sewage treatment and 1422
disposal systems; 1423
(C) Estimate the costs of potential onsite sewage 1424
treatment and disposal system connections, upgrades, or 1425
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replacements; and 1426
(D) Identify deadlines and interim milestones for the 1427
planning, design, and construction of projects. 1428
(II) The department shall adopt the onsite sewage 1429
treatment and disposal system remediation plan as part of the 1430
basin management action plan no later than July 1, 2025, or as 1431
required for Outstanding Florida Springs under s. 373.807. 1432
10. The installation of new onsite sewage treatment and 1433
disposal systems constructed within a basin management action 1434
plan area adopted un der this section, a reasonable assurance 1435
plan, or a pollution reduction plan is prohibited where 1436
connection to a publicly owned or investor -owned sewerage system 1437
is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1438
or less within a basin managem ent action plan adopted under this 1439
section, a reasonable assurance plan, or a pollution reduction 1440
plan where a publicly owned or investor -owned sewerage system is 1441
not available, the installation of enhanced nutrient -reducing 1442
onsite sewage treatment and dis posal systems or other wastewater 1443
treatment systems that achieve at least 50 percent nutrient 1444
reduction compared to a standard onsite sewage treatment and 1445
disposal system is required. 1446
11.10. When identifying wastewater projects in a basin 1447
management action plan, the department may not require the 1448
higher cost option if it achieves the same nutrient load 1449
reduction as a lower cost option. A regulated entity may choose 1450
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a different cost option if it complies with the pollutant 1451
reduction requirements of an adop ted total maximum daily load 1452
and meets or exceeds the pollution reduction requirement of the 1453
original project. 1454
12. Annually, local governments subject to a basin 1455
management action plan or located within the basin of a 1456
waterbody not attaining nutrient or nutrient-related standards 1457
must provide to the department an update on the status of 1458
construction of sanitary sewers to serve such areas, in a manner 1459
prescribed by the department. 1460
(e) Cooperative agricultural regional water quality 1461
improvement element. — 1462
1. The department and, the Department of Agriculture and 1463
Consumer Services, in cooperation with and owners of 1464
agricultural operations in the basin , shall develop a 1465
cooperative agricultural regional water quality improvement 1466
element as part of a basin man agement action plan where only if: 1467
a. Agricultural measures have been adopted by the 1468
Department of Agriculture and Consumer Services pursuant to 1469
subparagraph (c)2. and have been implemented and the water body 1470
remains impaired; 1471
b. Agricultural nonpoint sources contribute to at least 20 1472
percent of nonpoint source nutrient discharges; or and 1473
b.c. The department determines that additional measures, 1474
in combination with state -sponsored regional projects and other 1475
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management strategies included in the basin management action 1476
plan, are necessary to achieve the total maximum daily load. 1477
2. The element will be implemented through the use of 1478
cost-effective and technically and financially practical 1479
regional agricultural nutrient reduction cost-sharing projects 1480
and. The element must include a list of such projects submitted 1481
to the department by the Department of Agriculture and Consumer 1482
Services which, in combination with the best management 1483
practices, additional measures, and other management strategies, 1484
will achieve the needed pollutant load reductions established 1485
for agricultural nonpoint sources cost-effective and technically 1486
and financially practical cooperative regional agricultural 1487
nutrient reduction projects that can be implemented on private 1488
properties on a site-specific, cooperative basis . Such 1489
cooperative regional agricultural nutrient reduction projects 1490
may include, but are not limited to, land acquisition in fee or 1491
conservation easements on the lands of willing sellers and site -1492
specific water quality im provement or dispersed water management 1493
projects. The list of regional projects included in the 1494
cooperative agricultural regional water quality improvement 1495
element must include a planning -level cost estimate of each 1496
project along with the estimated amount of nutrient reduction 1497
that such project will achieve on the lands of project 1498
participants. 1499
3. To qualify for participation in the cooperative 1500
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agricultural regional water quality improvement element, the 1501
participant must have already implemented and be in compliance 1502
with best management practices or other measures adopted by the 1503
Department of Agriculture and Consumer Services pursuant to 1504
subparagraph (c)2. The element must may be included in the basin 1505
management action plan as a part of the next 5 -year assessment 1506
under subparagraph (a)6. 1507
4. The department or the Department of Agriculture and 1508
Consumer Services may submit a legislative budget request to 1509
fund projects developed pursuant to this paragraph. In 1510
allocating funds for projects funded pursuant to this paragraph, 1511
the department shall provide at least 20 percent of its annual 1512
appropriation for projects in subbasins with the highest 1513
nutrient concentrations within a basin management action plan. 1514
Projects submitted pursuant to this paragraph are eligible for 1515
funding in accordance with s. 403.0673. 1516
Section 13. Section 403.0673, Florida Statutes, is amended 1517
to read: 1518
403.0673 Water quality improvement Wastewater grant 1519
program.—A wastewater grant program is established within the 1520
Department of Environmental Protection to address wastewater, 1521
stormwater, and agricultural sources of nutrient loading to 1522
surface water or groundwater . 1523
(1) The purpose of the grant program is to fund projects 1524
that will improve the quality of waterbodies that: 1525
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(a) Are not attaining nutrient or nutrient -related 1526
standards; 1527
(b) Have an established total maximum daily load; or 1528
(c) Are located Subject to the appropriation of funds by 1529
the Legislature, the department may provide grants for the 1530
following projects within a basin management action plan area, a 1531
reasonable assurance plan area an alternative restoration plan 1532
adopted by final order, an accepted alternative restoration plan 1533
area, or a rural area of opportunity under s. 288.0656 . 1534
(2) The department may provide grants for all of the 1535
following types of projects that reduce the amount of nutrients 1536
entering those waterbodies iden tified in subsection (1): 1537
(a) Connecting onsite sewage treatment and disposal 1538
systems to central sewer facilities. 1539
(b) Upgrading domestic wastewater treatment facilities to 1540
advanced waste treatment or greater. 1541
(c) Repairing, upgrading, expanding, or constructing 1542
stormwater treatment facilities that result in improvements to 1543
surface water or groundwater quality. 1544
(d) Repairing, upgrading, expanding, or constructing 1545
domestic wastewater treatment facilities that result in 1546
improvements to surface water o r groundwater quality, including 1547
domestic wastewater reuse and collection systems. 1548
(e) Projects identified pursuant to s. 403.067(7)(a) or 1549
(7)(e). 1550
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(f) Projects identified in a wastewater treatment plan or 1551
an onsite sewage treatment and disposal system remediation plan 1552
developed pursuant to s. 403.067(7)(a)9.a. and b. 1553
(g) Projects listed in a city or county capital 1554
improvement element pursuant to s. 163.3177(3)(a)4.b. 1555
(h) Retrofitting onsite sewage treatment and disposal 1556
systems to upgrade such syste ms to enhanced nutrient -reducing 1557
onsite sewage treatment and disposal systems where central 1558
sewerage is unavailable which will individually or collectively 1559
reduce excess nutrient pollution: 1560
(a) Projects to retrofit onsite sewage treatment and 1561
disposal systems to upgrade such systems to enhanced nutrient -1562
reducing onsite sewage treatment and disposal systems. 1563
(b) Projects to construct, upgrade, or expand facilities 1564
to provide advanced waste treatment, as defined in s. 1565
403.086(4). 1566
(c) Projects to conne ct onsite sewage treatment and 1567
disposal systems to central sewer facilities . 1568
(3)(2) In allocating such funds, priority must be given to 1569
projects that subsidize the connection of onsite sewage 1570
treatment and disposal systems to wastewater treatment 1571
facilities. First priority must be given to subsidize the 1572
connection of onsite sewage tr eatment and disposal systems to 1573
existing infrastructure. Second priority must be given to any 1574
expansion of a collection or transmission system that promotes 1575
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efficiency by planning the installation of wastewater 1576
transmission facilities to be constructed con currently with 1577
other construction projects occurring within or along a 1578
transportation facility right -of-way. Third priority must be 1579
given to all other connections of onsite sewage treatment and 1580
disposal systems to wastewater treatment facilities. The 1581
department shall consider and prioritize those projects that: 1582
(a) Have the maximum estimated reduction in nutrient load 1583
per project; 1584
(b) Demonstrate project readiness; 1585
(c) Are cost-effective; 1586
(d) Have a cost share identified by the applicant, except 1587
for rural areas of opportunity; 1588
(e) Have previous state commitment and involvement in the 1589
project, considering previously funded phases, the total amount 1590
of previous state funding, and previous partial appropriations 1591
for the proposed project; or 1592
(f) Are in a the cost-effectiveness of the project; the 1593
overall environmental benefit of a project; the location where 1594
reductions are needed most to attain the water quality standards 1595
of a waterbody not attaining nutrient or nutrient -related 1596
standards. 1597
1598
Any project that does not result in reducing nutrient loading to 1599
a waterbody identified in subsection (1) is not eligible for 1600
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funding under this section of a project; the availability of 1601
local matching funds; and projected water savings or quantity 1602
improvements associated with a project . 1603
(3) Each grant for a project described in subsection (1) 1604
must require a minimum of a 50 -percent local match of funds. 1605
However, the department may, at its discretion, waive, in whole 1606
or in part, this consideration of the local contri bution for 1607
proposed projects within an area designated as a rural area of 1608
opportunity under s. 288.0656. 1609
(4) The department shall coordinate annually with each 1610
water management district , as necessary, to identify potential 1611
projects grant recipients in each district. 1612
(5) The department shall coordinate with local governments 1613
and stakeholders to identify the most effective and beneficial 1614
water quality improvement projects. 1615
(6) Beginning January 15, 2024 1, 2021, and each January 1616
15 1 thereafter, the department shall submit a report regarding 1617
the projects funded pursuant to this section to the Governor, 1618
the President of the Senate, and the Speaker of the House of 1619
Representatives. The report must include a list of those 1620
projects receiving funding and the f ollowing information for 1621
each project: 1622
(a) A description of the project; 1623
(b) The cost of the project; 1624
(c) The estimated nutrient load reduction of the project; 1625
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(d) The location of the project; 1626
(e) The waterbody or waterbodies where the project wi ll 1627
reduce nutrients; and 1628
(f) The total cost share being provided for the project. 1629
Section 14. Paragraph (c) of subsection (1) of section 1630
403.086, Florida Statutes, is amended to read: 1631
403.086 Sewage disposal facilities; advanced and secondary 1632
waste treatment.— 1633
(1) 1634
(c)1. Notwithstanding this chapter or chapter 373, sewage 1635
disposal facilities may not dispose of any wastes into the 1636
following waters without providing advanced waste treatment, as 1637
defined in subsection (4), as approved by the departmen t or a 1638
more stringent treatment standard if the department determines 1639
the more stringent standard is necessary to achieve the total 1640
maximum daily load or applicable water quality criteria: 1641
a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega 1642
Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little 1643
Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, 1644
Biscayne Bay, or any river, stream, channel, canal, bay, bayou, 1645
sound, or other water tributary thereto. , 1646
b. Beginning July 1, 2025, Indian River Lagoon, or into 1647
any river, stream, channel, canal, bay, bayou, sound, or other 1648
water tributary thereto . 1649
c. By January 1, 2033, waterbodies that are currently not 1650
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attaining nutrient or nutrient -related standards or t hat are 1651
subject to a nutrient or nutrient -related basin management 1652
action plan adopted pursuant to s. 403.067 or adopted reasonable 1653
assurance plan. 1654
2. For any waterbody determined not to be attaining 1655
nutrient or nutrient -related standards after July 1, 2 023, or 1656
subject to a nutrient or nutrient -related basin management 1657
action plan adopted pursuant to s. 403.067 or adopted reasonable 1658
assurance plan after July 1, 2023, sewage disposal facilities 1659
are prohibited from disposing any wastes into such waters 1660
without providing advanced waste treatment, as defined in 1661
subsection (4), as approved by the department within 10 years 1662
after such determination or adoption , without providing advanced 1663
waste treatment, as defined in subsection (4), approved by the 1664
department. This paragraph does not apply to facilities which 1665
were permitted by February 1, 1987, and which discharge 1666
secondary treated effluent, followed by water hyacinth 1667
treatment, to tributaries of tributaries of the named waters; or 1668
to facilities permitted to dis charge to the nontidally 1669
influenced portions of the Peace River. 1670
Section 15. Paragraph (h) of subsection (4) of section 1671
201.15, Florida Statutes, is amended to read: 1672
201.15 Distribution of taxes collected. —All taxes 1673
collected under this chapter are h ereby pledged and shall be 1674
first made available to make payments when due on bonds issued 1675
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pursuant to s. 215.618 or s. 215.619, or any other bonds 1676
authorized to be issued on a parity basis with such bonds. Such 1677
pledge and availability for the payment of th ese bonds shall 1678
have priority over any requirement for the payment of service 1679
charges or costs of collection and enforcement under this 1680
section. All taxes collected under this chapter, except taxes 1681
distributed to the Land Acquisition Trust Fund pursuant to 1682
subsections (1) and (2), are subject to the service charge 1683
imposed in s. 215.20(1). Before distribution pursuant to this 1684
section, the Department of Revenue shall deduct amounts 1685
necessary to pay the costs of the collection and enforcement of 1686
the tax levied by this chapter. The costs and service charge may 1687
not be levied against any portion of taxes pledged to debt 1688
service on bonds to the extent that the costs and service charge 1689
are required to pay any amounts relating to the bonds. All of 1690
the costs of the collection and enforcement of the tax levied by 1691
this chapter and the service charge shall be available and 1692
transferred to the extent necessary to pay debt service and any 1693
other amounts payable with respect to bonds authorized before 1694
January 1, 2017, secured by revenues distributed pursuant to 1695
this section. All taxes remaining after deduction of costs shall 1696
be distributed as follows: 1697
(4) After the required distributions to the Land 1698
Acquisition Trust Fund pursuant to subsections (1) and (2) and 1699
deduction of the service charge imposed pursuant to s. 1700
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215.20(1), the remainder shall be distributed as follows: 1701
(h) An amount equaling 5.4175 percent of the remainder 1702
shall be paid into the Water Protection and Sustainability 1703
Program Trust Fund to be used to fund water quality improvement 1704
wastewater grants as specified in s. 403.0673. 1705
Section 16. Paragraph (l) of subsection (3), paragraph (a) 1706
of subsection (5), and paragraph (i) of subsection (15) of 1707
section 259.105, Florida Statutes, are amended to read: 1708
259.105 The Florida Forever Act. — 1709
(3) Less the costs of issuing and the costs of funding 1710
reserve accounts and other costs associated with bonds, the 1711
proceeds of cash payments or bonds issued pursuant to this 1712
section shall be deposited into the Florida Forever Trust Fund 1713
created by s. 259.1051. The proceeds shall be distributed by the 1714
Department of Environmental Protection in the following manner: 1715
(l) For the purposes of paragraphs (e), (f), (g), and (h), 1716
the agencies that receive the funds shall develop their 1717
individual acquisition or restoration lists in accordance with 1718
specific criteria and numeric performance measures developed 1719
pursuant to s. 259.035(4). Proposed additions may be acquired if 1720
they are identified within the original project boundary, the 1721
management plan required pursuant to s. 253.034(5), or the 1722
management prospectus required pursuant to s. 259.032(7)(b) s. 1723
259.032(7)(c). Proposed additions not meeting the requirements 1724
of this paragraph shall be submitted to the council for 1725
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approval. The council may only approve the proposed addition if 1726
it meets two or more of the following criteria: serves as a link 1727
or corridor to other publicly owned property; enhances the 1728
protection or management of the property; would add a desirable 1729
resource to the propert y; would create a more manageable 1730
boundary configuration; has a high resource value that otherwise 1731
would be unprotected; or can be acquired at less than fair 1732
market value. 1733
(5)(a) All lands acquired pursuant to this section shall 1734
be managed for multiple -use purposes, where compatible with the 1735
resource values of and management objectives for such lands. As 1736
used in this section, "multiple -use" includes, but is not 1737
limited to, outdoor recreational activities as described in ss. 1738
253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b) , water 1739
resource development projects, sustainable forestry management, 1740
carbon sequestration, carbon mitigation, or carbon offsets. 1741
(15) The council shall submit to the board, with its list 1742
of projects, a report that includes, b ut need not be limited to, 1743
the following information for each project listed: 1744
(i) A management policy statement for the project and a 1745
management prospectus pursuant to s. 259.032(7)(b) s. 1746
259.032(7)(c). 1747
Section 17. Subsection (17) of section 373.019 , Florida 1748
Statutes, is amended to read: 1749
373.019 Definitions. —When appearing in this chapter or in 1750
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any rule, regulation, or order adopted pursuant thereto, the 1751
term: 1752
(17) "Reclaimed water" means water that has received at 1753
least secondary treatment and b asic disinfection and is reused 1754
after flowing out of a domestic wastewater treatment facility. 1755
Reclaimed water is not subject to regulation pursuant to s. 1756
373.175 or part II of this chapter until it has been discharged 1757
into waters as defined in s. 403.031 s. 403.031(13). 1758
Section 18. Section 373.4132, Florida Statutes, is amended 1759
to read: 1760
373.4132 Dry storage facility permitting. —The governing 1761
board or the department shall require a permit under this part, 1762
including s. 373.4145, for the construction, alteration, 1763
operation, maintenance, abandonment, or removal of a dry storage 1764
facility for 10 or more vessels that is functionally associated 1765
with a boat launching area. As part of an applicant's 1766
demonstration that such a facility will not be harmful to the 1767
water resources and will not be inconsistent with the overall 1768
objectives of the district, the governing board or department 1769
shall require the applicant to provide reasonable assurance that 1770
the secondary impacts from the facility will not cause adverse 1771
impacts to the functions of wetlands and surface waters, 1772
including violations of state water quality standards applicable 1773
to waters as defined in s. 403.031 s. 403.031(13), and will meet 1774
the public interest test of s. 373.414(1)(a), including the 1775
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potential adverse impacts to manatees. Nothing in this section 1776
shall affect the authority of the gover ning board or the 1777
department to regulate such secondary impacts under this part 1778
for other regulated activities. 1779
Section 19. Subsection (1) of section 373.414, Florida 1780
Statutes, is amended to read: 1781
373.414 Additional criteria for activities in surface 1782
waters and wetlands. — 1783
(1) As part of an applicant's demonstration that an 1784
activity regulated under this part will not be harmful to the 1785
water resources or will not be inconsistent with the overall 1786
objectives of the district, the governing board or the 1787
department shall require the applicant to provide reasonable 1788
assurance that state water quality standards applicable to 1789
waters as defined in s. 403.031 s. 403.031(13) will not be 1790
violated and reasonable assurance that such activity in, on, or 1791
over surface waters or wetlands, as delineated in s. 373.421(1), 1792
is not contrary to the public interest. However, if such an 1793
activity significantly degrades or is within an Outstanding 1794
Florida Water, as provided by department rule, the applicant 1795
must provide reasonable assurance that the proposed activity 1796
will be clearly in the public interest. 1797
(a) In determining whether an activity, which is in, on, 1798
or over surface waters or wetlands, as delineated in s. 1799
373.421(1), and is regulated under this part, is not contrary to 1800
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the public interest or is clearly in the public interest, the 1801
governing board or the department shall consider and balance the 1802
following criteria: 1803
1. Whether the activity will adversely affect the public 1804
health, safety, or welfare or the property of oth ers; 1805
2. Whether the activity will adversely affect the 1806
conservation of fish and wildlife, including endangered or 1807
threatened species, or their habitats; 1808
3. Whether the activity will adversely affect navigation 1809
or the flow of water or cause harmful eros ion or shoaling; 1810
4. Whether the activity will adversely affect the fishing 1811
or recreational values or marine productivity in the vicinity of 1812
the activity; 1813
5. Whether the activity will be of a temporary or 1814
permanent nature; 1815
6. Whether the activity will adversely affect or will 1816
enhance significant historical and archaeological resources 1817
under the provisions of s. 267.061; and 1818
7. The current condition and relative value of functions 1819
being performed by areas affected by the proposed activity. 1820
(b) If the applicant is unable to otherwise meet the 1821
criteria set forth in this subsection, the governing board or 1822
the department, in deciding to grant or deny a permit, must 1823
shall consider measures proposed by or acceptable to the 1824
applicant to mitigate adverse eff ects that may be caused by the 1825
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regulated activity. Such measures may include, but are not 1826
limited to, onsite mitigation, offsite mitigation, offsite 1827
regional mitigation, and the purchase of mitigation credits from 1828
mitigation banks permitted under s. 373.41 36. It is shall be the 1829
responsibility of the applicant to choose the form of 1830
mitigation. The mitigation must offset the adverse effects 1831
caused by the regulated activity. 1832
1. The department or water management districts may accept 1833
the donation of money as mitigation only where the donation is 1834
specified for use in a duly noticed environmental creation, 1835
preservation, enhancement, or restoration project, endorsed by 1836
the department or the governing board of the water management 1837
district, which offsets the impac ts of the activity permitted 1838
under this part. However, the provisions of this subsection does 1839
shall not apply to projects undertaken pursuant to s. 373.4137 1840
or chapter 378. Where a permit is required under this part to 1841
implement any project endorsed by the department or a water 1842
management district, all necessary permits must have been issued 1843
prior to the acceptance of any cash donation. After the 1844
effective date of this act, when money is donated to either the 1845
department or a water management district to off set impacts 1846
authorized by a permit under this part, the department or the 1847
water management district shall accept only a donation that 1848
represents the full cost to the department or water management 1849
district of undertaking the project that is intended to mit igate 1850
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the adverse impacts. The full cost shall include all direct and 1851
indirect costs, as applicable, such as those for land 1852
acquisition, land restoration or enhancement, perpetual land 1853
management, and general overhead consisting of costs such as 1854
staff time, building, and vehicles. The department or the water 1855
management district may use a multiplier or percentage to add to 1856
other direct or indirect costs to estimate general overhead. 1857
Mitigation credit for such a donation may shall be given only to 1858
the extent that the donation covers the full cost to the agency 1859
of undertaking the project that is intended to mitigate the 1860
adverse impacts. However, nothing herein may shall be construed 1861
to prevent the department or a water management district from 1862
accepting a donation representing a portion of a larger project, 1863
provided that the donation covers the full cost of that portion 1864
and mitigation credit is given only for that portion. The 1865
department or water management district may deviate from the 1866
full cost requirements of this subparagraph to resolve a 1867
proceeding brought pursuant to chapter 70 or a claim for inverse 1868
condemnation. Nothing in this section may shall be construed to 1869
require the owner of a private mitigation bank, permitted under 1870
s. 373.4136, to include the ful l cost of a mitigation credit in 1871
the price of the credit to a purchaser of said credit. 1872
2. The department and each water management district shall 1873
report by March 1 of each year, as part of the consolidated 1874
annual report required by s. 373.036(7), all ca sh donations 1875
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accepted under subparagraph 1. during the preceding water 1876
management district fiscal year for wetland mitigation purposes. 1877
The report must shall exclude those contributions pursuant to s. 1878
373.4137. The report must shall include a description o f the 1879
endorsed mitigation projects and, except for projects governed 1880
by s. 373.4135(6), must shall address, as applicable, success 1881
criteria, project implementation status and timeframe, 1882
monitoring, long-term management, provisions for preservation, 1883
and full cost accounting. 1884
3. If the applicant is unable to meet water quality 1885
standards because existing ambient water quality does not meet 1886
standards, the governing board or the department must shall 1887
consider mitigation measures proposed by or acceptable to the 1888
applicant that cause net improvement of the water quality in the 1889
receiving body of water for those parameters which do not meet 1890
standards. 1891
4. If mitigation requirements imposed by a local 1892
government for surface water and wetland impacts of an activity 1893
regulated under this part cannot be reconciled with mitigation 1894
requirements approved under a permit for the same activity 1895
issued under this part, including application of the uniform 1896
wetland mitigation assessment method adopted pursuant to 1897
subsection (18), the mitigation requirements for surface water 1898
and wetland impacts are shall be controlled by the permit issued 1899
under this part. 1900
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(c) Where activities for a single project regulated under 1901
this part occur in more than one local government jurisdiction, 1902
and where permit conditions or regulatory requirements are 1903
imposed by a local government for these activities which cannot 1904
be reconciled with those imposed by a permit under this part for 1905
the same activities, the permit conditions or regulatory 1906
requirements are shall be controlled by the permit issued under 1907
this part. 1908
Section 20. Section 373.4142, Florida Statutes, is amended 1909
to read: 1910
373.4142 Water quality within stormwater treatment 1911
systems.—State surface water quality standards applicable to 1912
waters of the state, as defined in s. 403.031 s. 403.031(13), do 1913
shall not apply within a stormwater management system which is 1914
designed, constructed, operated, and maintained for stormwater 1915
treatment in accordance with a valid permit or noticed exemption 1916
issued pursuant to chapter 62 -25, Florida Administrative Code; a 1917
valid permit or exemption under s. 373.4145 within the Northwest 1918
Florida Water Management District; a valid permit issued on or 1919
subsequent to April 1, 1986, within the Suwannee River Water 1920
Management District or the St. Johns River Water Management 1921
District pursuant to this part; a valid permit issued on or 1922
subsequent to March 1, 1988, within the Southwest Florida Water 1923
Management District pu rsuant to this part; or a valid permit 1924
issued on or subsequent to January 6, 1982, within the South 1925
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Florida Water Management District pursuant to this part. Such 1926
inapplicability of state water quality standards shall be 1927
limited to that part of the stormwat er management system located 1928
upstream of a manmade water control structure permitted, or 1929
approved under a noticed exemption, to retain or detain 1930
stormwater runoff in order to provide treatment of the 1931
stormwater. The additional use of such a stormwater mana gement 1932
system for flood attenuation or irrigation does shall not divest 1933
the system of the benefits of this exemption. This section does 1934
shall not affect the authority of the department and water 1935
management districts to require reasonable assurance that the 1936
water quality within such stormwater management systems will not 1937
adversely impact public health, fish and wildlife, or adjacent 1938
waters. 1939
Section 21. Paragraph (a) of subsection (1) of section 1940
373.430, Florida Statutes, is amended to read: 1941
373.430 Prohibitions, violation, penalty, intent. — 1942
(1) It shall be a violation of this part, and it shall be 1943
prohibited for any person: 1944
(a) To cause pollution, as defined in s. 403.031 s. 1945
403.031(7), except as otherwise provided in this part, so as to 1946
harm or injure human health or welfare, animal, plant, or 1947
aquatic life or property. 1948
Section 22. Paragraph (n) of subsection (2) of section 1949
373.4592, Florida Statutes, is amended to read: 1950
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373.4592 Everglades improvement and management. — 1951
(2) DEFINITIONS.—As used in this section: 1952
(n) "Stormwater management program" shall have the meaning 1953
set forth in s. 403.031 s. 403.031(15). 1954
Section 23. Paragraph (c) of subsection (1) of section 1955
403.890, Florida Statutes, is amended to read: 1956
403.890 Water Protection and Sustainability Program. — 1957
(1) Revenues deposited into or appropriated to the Water 1958
Protection and Sustainability Program Trust Fund shall be 1959
distributed by the Department of Environmental Protection for 1960
the following purposes: 1961
(c) The water quality improvement wastewater grant program 1962
as provided in s. 403.0673. 1963
Section 24. Paragraph (b) of subsection (1) of section 1964
403.892, Florida Statutes, is amended to read: 1965
403.892 Incentives for the use of graywater technologies. — 1966
(1) As used in this secti on, the term: 1967
(b) "Graywater" has the same meaning as in s. 381.0065(2) 1968
s. 381.0065(2)(f). 1969
Section 25. Paragraphs (c) and (d) of subsection (2) of 1970
section 403.9301, Florida Statutes, are amended to read: 1971
403.9301 Wastewater services projections. — 1972
(2) As used in this section, the term: 1973
(c) "Treatment works" has the same meaning as provided in 1974
s. 403.031 s. 403.031(11). 1975
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(d) "Wastewater services" means service to a sewerage 1976
system, as defined in s. 403.031 s. 403.031(9), or service to 1977
domestic wastewater treatment works. 1978
Section 26. Paragraphs (b) and (c) of subsection (2) of 1979
section 403.9302, Florida Statutes, are amended to read: 1980
403.9302 Stormwater management projections. — 1981
(2) As used in this section, the term: 1982
(b) "Stormwater managem ent program" has the same meaning 1983
as provided in s. 403.031 s. 403.031(15). 1984
(c) "Stormwater management system" has the same meaning as 1985
provided in s. 403.031 s. 403.031(16). 1986
Section 27. For the purpose of incorporating the amendment 1987
made by this act to section 259.032, Florida Statutes, in a 1988
reference thereto, subsection (6) of section 259.045, Florida 1989
Statutes, is reenacted to read: 1990
259.045 Purchase of lands in areas of critical state 1991
concern; recommendations by department and land authorities. —1992
Within 45 days after the Administration Commission designates an 1993
area as an area of critical state concern under s. 380.05, and 1994
annually thereafter, the Department of Environmental Protection 1995
shall consider the recommendations of the state land planning 1996
agency pursuant to s. 380.05(1)(a) relating to purchase of lands 1997
within an area of critical state concern or lands outside an 1998
area of critical state concern that directly impact an area of 1999
critical state concern, which may include lands used to preserve 2000
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and protect water supply, and shall make recommendations to the 2001
board with respect to the purchase of the fee or any lesser 2002
interest in any such lands that are: 2003
(6) Lands used to prevent or satisfy private property 2004
rights claims resulting from limitations impos ed by the 2005
designation of an area of critical state concern if the 2006
acquisition of such lands fulfills a public purpose listed in s. 2007
259.032(2) or if the parcel is wholly or partially, at the time 2008
of acquisition, on one of the board's approved acquisition li sts 2009
established pursuant to this chapter. For the purposes of this 2010
subsection, if a parcel is estimated to be worth $500,000 or 2011
less and the director of the Division of State Lands finds that 2012
the cost of an outside appraisal is not justified, a comparable 2013
sales analysis, an appraisal prepared by the Division of State 2014
Lands, or other reasonably prudent procedures may be used by the 2015
Division of State Lands to estimate the value of the parcel, 2016
provided the public's interest is reasonably protected. 2017
2018
The department, a local government, a special district, or a 2019
land authority within an area of critical state concern may make 2020
recommendations with respect to additional purchases which were 2021
not included in the state land planning agency recommendations. 2022
Section 28. The Legislature determines and declares that 2023
this act fulfills an important state interest. 2024
Section 29. This act shall take effect July 1, 2023. 2025