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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.; increasing the estimated value 10
threshold of land acquisition agreements that are 11
required to be submitted to and approved by the Board 12
of Trustees of the Internal Improvement Trust Fund; 13
removing the requirement that agreements to acquire 14
initial lands for Florida Forever projects be 15
submitted to and approved by the board of trustees; 16
increasing the estimated value threshold for the 17
appraisal of certain land acquisitions; requiring, 18
rather than authorizing, the Department of 19
Environmental Protection to disclose appraisal reports 20
to private landowners or their representatives during 21
negotiations for certain land acquisitions; removing a 22
provision requiring private landowners to maintain 23
confidentiality of such reports; specifying the 24
authority of the board of trustees or the department, 25
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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
as applicable, to acquire certain parcels at full 26
value as determined by the highest approved appraisal ; 27
amending s. 259.032, F.S.; authorizing the board of 28
trustees to acquire interests in lands that complete 29
certain linkages within the Florida wildlife corridor; 30
conforming a provision to changes made by the act; 31
making technical changes; amending s. 259.105, F.S.; 32
requiring the Department of Agriculture and Consumer 33
Services to submit an updated priority list for the 34
acquisition of certain agricultural lands to the 35
Acquisition and Restoration Council by a specified 36
date; providing construction; conforming cross -37
references; deleting an obsolete provision; requiring 38
the council to give increased priority to specified 39
projects; creating s. 373.469, F.S.; providing 40
legislative findings and intent; defining terms; 41
providing the components of the Indian River Lagoon 42
Protection Program; requiring the department to 43
evaluate and update the basin management action plans 44
within the program at specified intervals; requiring 45
the department, in coordination with specified 46
entities, to identify and prioritize strategies and 47
projects to achieve certain water quality standards 48
and total maximum daily loads; requiring the 49
department, in coordination with specified entities, 50
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to implement the Indian River Lagoon Watershed 51
Research and Water Qu ality Monitoring Program for 52
specified purposes; prohibiting the installation of 53
new onsite sewage treatment and disposal systems 54
beginning on a specified date under certain 55
circumstances; requiring that commercial or 56
residential properties with existing o nsite sewage 57
treatment and disposal systems be connected to central 58
sewer or be upgraded to a certain system by a 59
specified date; providing construction; authorizing 60
the department and the governing boards of the St. 61
Johns River Water Management District a nd the South 62
Florida Water Management District to adopt rules; 63
amending s. 373.501, F.S.; requiring, rather than 64
authorizing, the department to transfer appropriated 65
funds to the water management districts for specified 66
purposes; requiring the districts to annually report 67
to the department on the use of such funds; amending 68
s. 373.802, F.S.; defining the term "enhanced 69
nutrient-reducing onsite sewage treatment and disposal 70
system"; amending s. 373.807, F.S.; conforming a 71
cross-reference; revising requiremen ts for onsite 72
sewage treatment and disposal system remediation plans 73
for springs; amending s. 373.811, F.S.; prohibiting 74
new onsite sewage treatment and disposal systems 75
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within basin management action plans in effect for 76
Outstanding Florida Springs under c ertain 77
circumstances; authorizing the installation of 78
enhanced or alternative systems for certain lots; 79
amending s. 375.041, F.S.; requiring an annual 80
appropriation from the Land Acquisition Trust Fund to 81
the department for the acquisition of specified lan ds; 82
deleting an obsolete provision; amending s. 381.0065, 83
F.S.; defining the term "enhanced nutrient -reducing 84
onsite sewage treatment and disposal system"; amending 85
s. 381.00655, F.S.; encouraging local governmental 86
agencies that receive funding for connec ting onsite 87
sewage treatment and disposal systems to central sewer 88
facilities to provide notice of the funding 89
availability to certain owners of onsite sewage 90
treatment and disposal systems and to maintain a 91
website with certain information regarding the 92
funding; reordering and amending s. 403.031, F.S.; 93
defining and revising terms; amending s. 403.067, 94
F.S.; revising requirements for new or revised basin 95
management action plans; requiring that basin 96
management action plans include 5 -year milestones for 97
implementation; requiring certain entities to identify 98
projects or strategies to meet such milestones; 99
prohibiting the installation of new onsite sewage 100
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treatment and disposal systems within specified areas 101
under certain circumstances; requiring the 102
installation of enhanced or alternative systems for 103
certain lots; revising requirements for a basin 104
management action plan's cooperative agricultural 105
regional water quality improvement element; amending 106
s. 403.0673, F.S.; renaming the wastewater grant 107
program as the water quality improvement grant 108
program; revising the purposes of the grant program; 109
specifying the projects for which the department may 110
provide grants under the program; requiring the 111
department to prioritize certain projects; requiring 112
the department to coordinate with each water 113
management district to annually identify projects; 114
requiring the department to coordinate with specified 115
entities to identify projects; revising reporting 116
requirements; amending s. 403.086, F.S.; revising the 117
waters that sewage disposal facilities are prohibited 118
from disposing wastes into; amending s. 570.71, F.S.; 119
requiring the Department of Agriculture and Consumer 120
Services, in consultation with the Department of 121
Environmental Protection, the water management 122
districts, the Department of Economic Opportunity, and 123
the Florida Fish and Wildlife Conservation Commission, 124
to adopt rules giving funding priority and preference 125
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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
to specified lands; requiring the Department of 126
Agriculture and Consumer Services to submit certain 127
purchase agreements to the Board of Trustees of the 128
Internal Improvement Trust Fund for approval; amending 129
s. 570.715, F.S.; increasing the estimated value 130
threshold for the appraisal of specified conservation 131
easement acquisitions; requiring, rather than 132
authorizing, the Department of Agriculture and 133
Consumer Services to disclose appraisal reports to 134
private landowners or their representatives during 135
negotiations for certain land acquisitions; amending 136
ss. 201.15, 259.105, 373.019, 373.4132, 373.414, 137
373.4142, 373.430, 373.4592, 403.890, 403.892, 138
403.9301, and 403.9302, F.S.; conforming cross -139
references and provisions to changes made by the act; 140
reenacting s. 259.045(6), F.S., relating to the 141
purchase of lands in areas of critical state concern, 142
to incorporate the amendment made to s. 259.032, F.S., 143
in a reference thereto; providing a declaration of 144
important state interest ; providing an effective date. 145
146
Be It Enacted by the Legislature of the State of Florida: 147
148
Section 1. Paragraph (a) of subsection (3) and paragraph 149
(c) of subsection (6) of section 163.3177, Florida Statutes, are 150
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amended to read: 151
163.3177 Required and optional elements of comprehensive 152
plan; studies and surveys. — 153
(3)(a) The comprehensive plan must shall contain a capital 154
improvements element designed to consider the need for and the 155
location of public facilities in order to encourage the 156
efficient use of such facilities and set forth all of the 157
following: 158
1. A component that outlines principles for construction, 159
extension, or increase in capacity of public facilities, as well 160
as a component that outlines principles for correcting existing 161
public facility deficiencies, which are necessary to implement 162
the comprehensive plan. The components must shall cover at least 163
a 5-year period. 164
2. Estimated public facility costs, including a 165
delineation of when facilities will be needed, the general 166
location of the facilities, and projected revenue sources to 167
fund the facilities. 168
3. Standards to ensure the availability of public 169
facilities and the adequacy of those facilities to meet 170
established acceptable levels of service. 171
4. A schedule of capital improvements which includes any 172
publicly funded projects of federal, state, or local government, 173
and which may include privately funded projects for which the 174
local government has no fiscal responsibility. Projects 175
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necessary to ensure that any adopted level -of-service standards 176
are achieved and maintained for the 5 -year period must be 177
identified as either funded or unfunded and given a level of 178
priority for funding. 179
5. The schedule must: 180
a. Include transportation improvements included in the 181
applicable metropolitan planning organization's transportation 182
improvement program adopted pursuant to s. 339.175(8) to the 183
extent that such improvements are re lied upon to ensure 184
concurrency and financial feasibility ;. 185
b. Where applicable, include a list of projects necessary 186
to achieve the pollutant load reductions attributable to the 187
local government, as established in a basin management action 188
plan pursuant to s. 403.067(7); and 189
c. The schedule must Be coordinated with the applicable 190
metropolitan planning organization's long -range transportation 191
plan adopted pursuant to s. 339.175(7). 192
(6) In addition to the requirements of subsections (1) -193
(5), the comprehensive plan shall include the following 194
elements: 195
(c) A general sanitary sewer, solid waste, drainage, 196
potable water, and natural groundwater aquifer recharge element 197
correlated to principles and guidelines for future land use, 198
indicating ways to provide for future potable water, drainage, 199
sanitary sewer, solid waste, and aquifer recharge protection 200
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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
requirements for the area. The element may be a detailed 201
engineering plan including a topographic map depicting areas of 202
prime groundwater recharge. 203
1. Each local government shall address in the data and 204
analyses required by this section those facilities that provide 205
service within the local government's jurisdiction. Local 206
governments that provide facilities to serve areas within other 207
local government jurisdictions shall also address those 208
facilities in the data and analyses required by this section, 209
using data from the comprehensive plan for those areas for the 210
purpose of projecting facility needs as required in this 211
subsection. For shared facilities , each local government shall 212
indicate the proportional capacity of the systems allocated to 213
serve its jurisdiction. 214
2. The element must shall describe the problems and needs 215
and the general facilities that will be required for solution of 216
the problems and needs, including correcting existing facility 217
deficiencies. The element must shall address coordinating the 218
extension of, or increase in the capacity of, or upgrade in 219
treatment of facilities to meet future needs ; prioritizing 220
advanced waste treatment while maximizing the use of existing 221
facilities and discouraging urban sprawl; conserving potable 222
water resources; and protecting the functions of natural 223
groundwater recharge areas and natural drainage features. 224
3. Within the local government's jurisdi ction, for any 225
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development of more than 50 residential lots, whether built or 226
unbuilt, with more than one onsite sewage treatment and disposal 227
system per 1 acre, the element must consider the feasibility of 228
providing sanitary sewer services within a 10 -year planning 229
horizon and must identify the name and location of the 230
wastewater facility that could receive sanitary sewer flows 231
after connection; the capacity of the facility and any 232
associated transmission facilities; the projected wastewater 233
flow at that facility for the next 20 years, including expected 234
future new construction and connections of onsite sewage 235
treatment and disposal systems to sanitary sewer; and a timeline 236
for the construction of the sanitary sewer system. An onsite 237
sewage treatment and di sposal system is presumed to exist on a 238
parcel if sanitary sewer services are not available at or 239
adjacent to the parcel boundary. Each comprehensive plan must be 240
updated to include this element by July 1, 2024, and as needed 241
thereafter to account for futu re applicable developments. This 242
subparagraph does not apply to a local government designated as 243
a rural area of opportunity under s. 288.0656. 244
4. Within 18 months after the governing board approves an 245
updated regional water supply plan, the element must incorporate 246
the alternative water supply project or projects selected by the 247
local government from those identified in the regional water 248
supply plan pursuant to s. 373.709(2)(a) or proposed by the 249
local government under s. 373.709(8)(b). If a local gover nment 250
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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
is located within two water management districts, the local 251
government must shall adopt its comprehensive plan amendment 252
within 18 months after the later updated regional water supply 253
plan. The element must identify such alternative water supply 254
projects and traditional water supply projects and conservation 255
and reuse necessary to meet the water needs identified in s. 256
373.709(2)(a) within the local government's jurisdiction and 257
include a work plan, covering at least a 10 -year planning 258
period, for building public, private, and regional water supply 259
facilities, including development of alternative water supplies, 260
which are identified in the element as necessary to serve 261
existing and new development. The work plan must shall be 262
updated, at a minimum, ever y 5 years within 18 months after the 263
governing board of a water management district approves an 264
updated regional water supply plan. Local governments, public 265
and private utilities, regional water supply authorities, 266
special districts, and water management districts are encouraged 267
to cooperatively plan for the development of multijurisdictional 268
water supply facilities that are sufficient to meet projected 269
demands for established planning periods, including the 270
development of alternative water sources to supp lement 271
traditional sources of groundwater and surface water supplies. 272
5.4. A local government that does not own, operate, or 273
maintain its own water supply facilities, including, but not 274
limited to, wells, treatment facilities, and distribution 275
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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
infrastructure, and is served by a public water utility with a 276
permitted allocation of greater than 300 million gallons per day 277
is not required to amend its comprehensive plan in response to 278
an updated regional water supply plan or to maintain a work plan 279
if any such local government's usage of water constitutes less 280
than 1 percent of the public water utility's total permitted 281
allocation. However, any such local government shall is required 282
to cooperate with, and provide relevant data to, any local 283
government or utility provider that provides service within its 284
jurisdiction, and shall to keep its general sanitary sewer, 285
solid waste, potable water, and natural groundwater aquifer 286
recharge element updated in accordance with s. 163.3191. 287
Section 2. Subsection (4) and paragraphs (b), (f), and (j) 288
of subsection (8) of section 253.025, Florida Statutes, are 289
amended to read: 290
253.025 Acquisition of state lands. — 291
(4) An agreement to acquire real property for the purposes 292
described in this chapter, chapter 259, chapter 2 60, or chapter 293
375, title to which will vest in the board of trustees, may not 294
bind the state before the agreement is reviewed and approved by 295
the Department of Environmental Protection as complying with 296
this section and any rules adopted pursuant to this section. If 297
any of the following conditions exist, the agreement must shall 298
be submitted to and approved by the board of trustees: 299
(a) The purchase price agreed to by the seller exceeds the 300
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value as established pursuant to the rules of the board of 301
trustees.; 302
(b) The contract price agreed to by the seller and the 303
acquiring agency exceeds $5 $1 million.; 304
(c) The acquisition is the initial purchase in a Florida 305
Forever project; or 306
(c)(d) Other conditions that the board of trustees may 307
adopt by rule. Such conditions may include, but are not limited 308
to, Florida Forever projects when title to the property being 309
acquired is considered nonmarketable or is encumbered in such a 310
way as to significantly affect its management. 311
312
If approval of the board of truste es is required pursuant to 313
this subsection, the acquiring agency must provide a 314
justification as to why it is in the public's interest to 315
acquire the parcel or Florida Forever project. Approval of the 316
board of trustees is also required for Florida Forever projects 317
the department recommends acquiring pursuant to subsections (11) 318
and (22). Review and approval of agreements for acquisitions for 319
Florida Greenways and Trails Program properties pursuant to 320
chapter 260 may be waived by the department in any contra ct with 321
nonprofit corporations that have agreed to assist the department 322
with this program. If the contribution of the acquiring agency 323
exceeds $100 million in any one fiscal year, the agreement must 324
shall be submitted to and approved by the Legislative Bu dget 325
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Commission. 326
(8) Before approval by the board of trustees, or, when 327
applicable, the Department of Environmental Protection, of any 328
agreement to purchase land pursuant to this chapter, chapter 329
259, chapter 260, or chapter 375, and before negotiations with 330
the parcel owner to purchase any other land, title to which will 331
vest in the board of trustees, an appraisal of the parcel shall 332
be required as follows: 333
(b) Each parcel to be acquired must shall have at least 334
one appraisal. Two appraisals are requir ed when the estimated 335
value of the parcel exceeds $5 $1 million. However, if both 336
appraisals exceed $5 $1 million and differ significantly, a 337
third appraisal may be obtained. If a parcel is estimated to be 338
worth $100,000 or less and the director of the Division of State 339
Lands finds that the cost of an outside appraisal is not 340
justified, a comparable sales ana lysis, an appraisal prepared by 341
the division, or other reasonably prudent procedures may be used 342
by the division to estimate the value of the parcel, provided 343
the public's interest is reasonably protected. The state is not 344
required to appraise the value of lands and appurtenances that 345
are being donated to the state. 346
(f) Appraisal reports are confidential and exempt from s. 347
119.07(1), for use by the agency and the board of trustees, 348
until an option contract is executed or, if no option contract 349
is executed, until 2 weeks before a contract or agreement for 350
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purchase is considered for approval by the board of trustees. 351
However, the Department of Environmental Protection shall may 352
disclose appraisal reports to private landowners or their 353
representatives during negotiations for acquisitions using 354
alternatives to fee simple techniques, if the department 355
determines that disclosure of such reports will bring the 356
proposed acquisition to closure. However, the private landowner 357
must agree to maintain the confidentialit y of the reports or 358
information. The department may also disclose appraisal 359
information to public agencies or nonprofit organizations that 360
agree to maintain the confidentiality of the reports or 361
information when joint acquisition of property is contemplate d, 362
or when a public agency or nonprofit organization enters into a 363
written agreement with the department to purchase and hold 364
property for subsequent resale to the board of trustees. In 365
addition, the department may use, as its own, appraisals 366
obtained by a public agency or nonprofit organization, if the 367
appraiser is selected from the department's list of appraisers 368
and the appraisal is reviewed and approved by the department. 369
For purposes of this paragraph, the term "nonprofit 370
organization" means an organiz ation that is exempt from federal 371
income tax under s. 501(c)(3) of the Internal Revenue Code and, 372
for purposes of the acquisition of conservation lands, an 373
organization whose purpose must include the preservation of 374
natural resources. The agency may releas e an appraisal report 375
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when the passage of time has rendered the conclusions of value 376
in the report invalid or when the acquiring agency has 377
terminated negotiations. 378
(j)1. The board of trustees shall adopt by rule the method 379
for determining the value of p arcels sought to be acquired by 380
state agencies pursuant to this section. An offer by a state 381
agency may not exceed the value for that parcel as determined 382
pursuant to the highest approved appraisal or the value 383
determined pursuant to the rules of the board of trustees, 384
whichever value is less. 385
2. The board of trustees or, when applicable, the 386
Department of Environmental Protection may acquire parcels 387
pursuant to this chapter and chapter 259 for the full value of 388
that parcel as determined pursuant to the h ighest approved 389
appraisal. 390
3.2. For a joint acquisition by a state agency and a local 391
government or other entity apart from the state, the joint 392
purchase price may not exceed 150 percent of the value for a 393
parcel as determined in accordance with the limi ts in 394
subparagraph 1. The state agency share of a joint purchase offer 395
may not exceed what the agency may offer singly pursuant to 396
subparagraph 1. 397
4.3. This paragraph does not apply to the acquisition of 398
historically unique or significant property as det ermined by the 399
Division of Historical Resources of the Department of State. 400
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401
Notwithstanding this subsection, on behalf of the board of 402
trustees and before the appraisal of parcels approved for 403
purchase under this chapter or chapter 259, the Secretary of 404
Environmental Protection or the director of the Division of 405
State Lands may enter into option contracts to buy such parcels. 406
Any such option contract shall state that the final purchase 407
price is subject to approval by the board of trustees or, if 408
applicable, the Secretary of Environmental Protection, and that 409
the final purchase price may not exceed the maximum offer 410
allowed by law. Any such option contract presented to the board 411
of trustees for final purchase price approval shall explicitly 412
state that payment of the final purchase price is subject to an 413
appropriation from the Legislature. The consideration for such 414
an option may not exceed $1,000 or 0.01 percent of the estimate 415
by the department of the value of the parcel, whichever amount 416
is greater. 417
Section 3. Subsections (2) and (7), paragraph (b) of 418
subsection (8), and paragraph (d) of subsection (9) of section 419
259.032, Florida Statutes, are amended to read: 420
259.032 Conservation and recreation lands. — 421
(2) The Governor and Cabinet, sitting as the Board of 422
Trustees of the Internal Improvement Trust Fund, may expend 423
moneys appropriated by the Legislature to acquire the fee or any 424
lesser interest in lands for any of the following public 425
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purposes: 426
(a) To conserve and protect environmentally unique and 427
irreplaceable lands that contain native, relatively unaltered 428
flora and fauna representing a natural area unique to, or scarce 429
within, a region of this state or a larger geographic area; 430
(b) To conserve and protect lands within designated areas 431
of critical state concern, if the proposed acquisition relates 432
to the natural resource protection purposes of the designation; 433
(c) To conserve and protect native species habitat or 434
endangered or threatened species, emphasizing long-term 435
protection for endangered or threatened species designated G -1 436
or G-2 by the Florida Natural Areas Inventory, and especially 437
those areas that are special locations for breeding and 438
reproduction; 439
(d) To conserve, protect, manage, or restore important 440
ecosystems, landscapes, and forests, if the protection and 441
conservation of such lands is necessary to enhance or protect 442
significant surface water, groundwater, coastal, recreational, 443
timber, or fish or wildlife resources which cannot oth erwise be 444
accomplished through local and state regulatory programs ; 445
(e) To promote water resource development that benefits 446
natural systems and citizens of the state; 447
(f) To facilitate the restoration and subsequent health 448
and vitality of the Florida E verglades; 449
(g) To provide areas, including recreational trails, for 450
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natural resource-based recreation and other outdoor recreation 451
on any part of any site compatible with conservation purposes; 452
(h) To preserve significant archaeological or historic 453
sites; 454
(i) To conserve urban open spaces suitable for greenways 455
or outdoor recreation which are compatible with conservation 456
purposes; or 457
(j) To preserve agricultural lands under threat of 458
conversion to development through less -than-fee acquisitions; or 459
(k) To complete critical linkages through fee or less -460
than-fee acquisitions that will help preserve and protect the 461
green and blue infrastructure and vital habitat for wide -ranging 462
wildlife, such as the Florida panther, within the Florida 463
wildlife corridor as defined in s. 259.1055(4) . 464
(7)(a) All lands managed under this chapter and s. 253.034 465
must shall be: 466
1.(a) Managed in a manner that will provide the greatest 467
combination of benefits to the public and to the resources. 468
2.(b) Managed for public outdoor recreation which is 469
compatible with the conservation and protection of public lands. 470
Such management may include, but not be limited to, the 471
following public recreational uses: fishing, hunting, camping, 472
bicycling, hiking, natu re study, swimming, boating, canoeing, 473
horseback riding, diving, model hobbyist activities, birding, 474
sailing, jogging, and other related outdoor activities. 475
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(b)(c) Concurrent with its adoption of the annual list of 476
acquisition projects pursuant to s. 259 .035, the board shall 477
adopt a management prospectus for each project. The management 478
prospectus shall delineate: 479
1. The management goals for the property; 480
2. The conditions that will affect the intensity of 481
management; 482
3. An estimate of the revenue -generating potential of the 483
property, if appropriate; 484
4. A timetable for implementing the various stages of 485
management and for providing access to the public, if 486
applicable; 487
5. A description of potential multiple -use activities as 488
described in this sect ion and s. 253.034; 489
6. Provisions for protecting existing infrastructure and 490
for ensuring the security of the project upon acquisition; 491
7. The anticipated costs of management and projected 492
sources of revenue, including legislative appropriations, to 493
fund management needs; and 494
8. Recommendations as to how many employees will be needed 495
to manage the property, and recommendations as to whether local 496
governments, volunteer groups, the former landowner, or other 497
interested parties can be involved in the ma nagement. 498
(c)(d) Concurrent with the approval of the acquisition 499
contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 500
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interest in lands except those lands acquired pursuant to s. 501
259.1052, the board shall designate an agency or agencies to 502
manage such lands. The board shall evaluate and amend, as 503
appropriate, the management policy statement for the project as 504
provided by s. 259.035 to ensure that the policy statement is 505
compatible with conservation, recreation, or both. For any fee 506
simple acquisition of a parcel which is or will be leased back 507
for agricultural purposes, or any acquisition of a less than fee 508
interest in land that is or will be used for agricultural 509
purposes, the board shall first consider having a soil and water 510
conservation district , created pursuant to chapter 582, manage 511
and monitor such interests. 512
(d)(e) State agencies designated to manage lands acquired 513
under this chapter or with funds deposited into the Land 514
Acquisition Trust Fund, except those lands acquired under s. 515
259.1052, may contract with local governments and soil and water 516
conservation districts to assist in management activities, 517
including the responsibility of being the lead land manager. 518
Such land management contracts may include a provision for the 519
transfer of management funding to the local government or soil 520
and water conservation district from the land acquisition trust 521
fund of the lead land managing agency in an amount adequate for 522
the local government or soil and water conservation district to 523
perform its contractual land management responsibilities and 524
proportionate to its responsibilities, and which otherwise would 525
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have been expended by the state agency to manage the property. 526
(e)(f) Immediately following the acquisition of any 527
interest in conservation and r ecreation lands, the department, 528
acting on behalf of the board, may issue to the lead managing 529
entity an interim assignment letter to be effective until the 530
execution of a formal lease. 531
(8) 532
(b) Individual management plans required by s. 253.034(5), 533
for parcels over 160 acres, shall be developed with input from 534
an advisory group. Members of this advisory group shall include, 535
at a minimum, representatives of the lead land managing agency, 536
comanaging entities, local private property owners, the 537
appropriate soil and water conservation district, a local 538
conservation organization, and a local elected official. If 539
habitat or potentially restorable habitat for imperiled species 540
is located on state la nds, the Fish and Wildlife Conservation 541
Commission and the Department of Agriculture and Consumer 542
Services shall be included on any advisory group required under 543
chapter 253, and the short -term and long-term management goals 544
required under chapter 253 must advance the goals and objectives 545
of imperiled species management without restricting other uses 546
identified in the management plan. The advisory group shall 547
conduct at least one public hearing within the county in which 548
the parcel or project is located. Fo r those parcels or projects 549
that are within more than one county, at least one areawide 550
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public hearing shall be acceptable and the lead managing agency 551
shall invite a local elected official from each county. The 552
areawide public hearing shall be held in the county in which the 553
core parcels are located. Notice of such public hearing shall be 554
posted on the parcel or project designated for management, 555
advertised in a paper of general circulation, and announced at a 556
scheduled meeting of the local governing body before the actual 557
public hearing. The management prospectus required pursuant to 558
paragraph (7)(b) (7)(c) shall be available to the public for a 559
period of 30 days before the public hearing. 560
561
By July 1 of each year, each governmental agency and each 562
private entity designated to manage lands shall report to the 563
Secretary of Environmental Protection on the progress of 564
funding, staffing, and resource management of every project for 565
which the agency or entity is responsible. 566
(9) 567
(d) Up to one-fifth of the funds appropriated for the 568
purposes identified in paragraph (b) shall be reserved by the 569
board for interim management of acquisitions and for associated 570
contractual services, to ensure the conservation and protection 571
of natural resources on project sites and t o allow limited 572
public recreational use of lands. Interim management activities 573
may include, but not be limited to, resource assessments, 574
control of invasive, nonnative species, habitat restoration, 575
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fencing, law enforcement, controlled burning, and public access 576
consistent with preliminary determinations made pursuant to 577
paragraph (7)(e) (7)(f). The board shall make these interim 578
funds available immediately upon purchase. 579
Section 4. Paragraphs (i), (l), and (m) of subsection (3) , 580
paragraph (a) of subsec tion (5), and paragraph (i) of subsection 581
(15) of section 259.105, Florida Statutes, are amended, and 582
paragraphs (g) and (h) are added to subsection (10) of that 583
section, to read: 584
259.105 The Florida Forever Act. — 585
(3) Less the costs of issuing and the costs of funding 586
reserve accounts and other costs associated with bonds, the 587
proceeds of cash payments or bonds issued pursuant to this 588
section shall be deposited into the Florida Forever Trust Fund 589
created by s. 259.1051. The proceeds shall be distributed by the 590
Department of Environmental Protection in the following manner: 591
(i) Three and five-tenths percent to the Department of 592
Agriculture and Consumer Services for the acquisition of 593
agricultural lands, through perpetual conservation easements and 594
other perpetual less than fee techniques, which will achieve the 595
objectives of Florida Forever and s. 570.71. Rules concerning 596
the application, acquisition, and priority ranking process for 597
such easements shall be developed pursuant to s. 570.71(10) and 598
as provided by this paragraph. The board shall ensure that such 599
rules are consistent with the acquisition process provided for 600
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in s. 570.715. The rules developed pursuant to s. 570.71(10), 601
shall also provide for the following: 602
1. An annual priority list shall b e developed pursuant to 603
s. 570.71(10), submitted to the council for review, and approved 604
by the board pursuant to s. 259.04. By March 1, 2024, the 605
Department of Agriculture and Consumer Services shall submit an 606
updated priority list to the council. Any acq uisitions for which 607
funds have been obligated before July 1, 2023, to pay for an 608
appraisal may not be impacted by the updated priority list. 609
2. Terms of easements and acquisitions proposed pursuant 610
to this paragraph shall be approved by the board and may not be 611
delegated by the board to any other entity receiving funds under 612
this section. 613
3. All acquisitions pursuant to this paragraph shall 614
contain a clear statement that they are subject to legislative 615
appropriation. 616
617
Funds provided under this paragraph may not be expended until 618
final adoption of rules by the board pursuant to s. 570.71. 619
(l) For the purposes of paragraphs (e), (f), (g), and (h), 620
the agencies that receive the funds shall develop their 621
individual acquisition or restoration lists in accor dance with 622
specific criteria and numeric performance measures developed 623
pursuant to s. 259.035(4). Proposed additions may be acquired if 624
they are identified within the original project boundary, the 625
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management plan required pursuant to s. 253.034(5), or th e 626
management prospectus required pursuant to s. 259.032(7)(b) s. 627
259.032(7)(c). Proposed additions not meeting the requirements 628
of this paragraph shall be submitted to the council for 629
approval. The council may only approve the proposed addition if 630
it meets two or more of the following criteria: serves as a link 631
or corridor to other publicly owned property; enhances the 632
protection or management of the property; would add a desirable 633
resource to the property; would create a more manageable 634
boundary configuration; has a high resource value that otherwise 635
would be unprotected; or can be acquired at less than fair 636
market value. 637
(m) Notwithstanding paragraphs (a) -(j) and for the 2021 -638
2022 fiscal year, the amount of $1,998,100 to only the 639
Department of Environmen tal Protection for grants pursuant to s. 640
375.075. This paragraph expires July 1, 2022. 641
(5)(a) All lands acquired pursuant to this section shall 642
be managed for multiple -use purposes, where compatible with the 643
resource values of and management objectives f or such lands. As 644
used in this section, "multiple -use" includes, but is not 645
limited to, outdoor recreational activities as described in ss. 646
253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource 647
development projects, sustainable forestry management, car bon 648
sequestration, carbon mitigation, or carbon offsets. 649
(10) The council shall give increased priority to: 650
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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
(g) Projects in imminent danger of development, loss of 651
significant natural attributes or recreational open space, or 652
subdivision, which would r esult in multiple ownership and make 653
acquisition of the project costly or less likely to be 654
accomplished. 655
(h) Projects located within the Florida wildlife corridor 656
as defined in s. 259.1055(4). 657
(15) The council shall submit to the board, with its list 658
of projects, a report that includes, but need not be limited to, 659
the following information for each project listed: 660
(i) A management policy statement for the project and a 661
management prospectus pursuant to s. 259.032(7)(b) s. 662
259.032(7)(c). 663
Section 5. Section 373.469, Florida Statutes, is created 664
to read: 665
373.469 Indian River Lagoon Protection Program. — 666
(1) FINDINGS AND INTENT. — 667
(a) The Legislature finds that: 668
1. The Indian River Lagoon is a critical water resource of 669
this state which provides many economic, natural habitat, and 670
biodiversity functions that benefit the public interest, 671
including fishing, navigation, recreation, and habitat to 672
endangered and threatened species and other flora and fauna. 673
2. Among other causes, land use changes, onsite sewage 674
treatment and disposal systems, aging infrastructure, stormwater 675
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runoff, agriculture, and residential fertilizer have resulted in 676
excess nutrients entering the Indian River Lagoon and adversely 677
impacting the lagoon's water quality. 678
3. Improvement to the hydrology, water quality, and 679
associated aquatic habitats within the Indian River Lagoon is 680
essential to the protection of the resource. 681
4. It is imperative for the state, local governments, and 682
agricultural and environmental communities to commit to 683
restoring and protecting the surface water resources of the 684
Indian River Lagoon, and a holistic approach to address these 685
issues must be developed and implemented immediately. 686
5. The expeditious implementation of the Banana River 687
Lagoon Basin Management Action Plan, Central Indian River Lagoon 688
Basin Management Action Plan, North Indian River Lagoon Basin 689
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 690
Plan are necessary to improve the quality of water in the Indian 691
River Lagoon ecosystem and to provide a reasonable means of 692
achieving the total maximum daily load requirements and 693
achieving and maintaining compliance with state water quality 694
standards. 695
6. The implementation of the programs contained in this 696
section will benefit the public health, safety, and welfare and 697
is in the public interest. 698
(b) The Legislature intends for this state to protect and 699
restore surface water resources and achieve and maintain 700
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compliance with water quality standards in the Indian River 701
Lagoon through the phased, comprehensive, and innovative 702
protection program set forth in this section, including long -703
term solutions based upon the total maximum daily loads 704
established in accordance with s. 403.067. This program is 705
watershed-based, provides for th e consideration of all water 706
quality issues needed to meet the total maximum daily load, and 707
includes research and monitoring, development and implementation 708
of best management practices, refinement of existing 709
regulations, and structural and nonstructural projects, 710
including public works. 711
(2) DEFINITIONS.—As used in this section, the term: 712
(a) "Best management practice" means a practice or 713
combination of practices determined by the coordinating 714
agencies, based on research, field -testing, and expert review, 715
to be the most effective and practicable on -location means, 716
including economic and technological considerations, for 717
improving water quality in agricultural and urban discharges. 718
Best management practices for agricultural discharges must 719
reflect a balance between water quality improvements and 720
agricultural productivity. 721
(b) "Enhanced nutrient -reducing onsite sewage treatment 722
and disposal system" means an onsite sewage treatment and 723
disposal system approved by the department as capable of meeting 724
or exceeding a 50 percent total nitrogen reduction before 725
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disposal of wastewater in the drainfield, or at least 65 percent 726
total nitrogen reduction combined from onsite sewage tank or 727
tanks and drainfield. 728
(c) "Total maximum daily load" means the sum of t he 729
individual wasteload allocations for point sources and the load 730
allocations for nonpoint sources and natural background adopted 731
pursuant to s. 403.067. Before determining individual wasteload 732
allocations and load allocations, the maximum amount of a 733
pollutant that a waterbody or water segment can assimilate from 734
all sources without exceeding water quality standards must first 735
be calculated. 736
(3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The Indian 737
River Lagoon Protection Program consists of the Banana River 738
Lagoon Basin Management Action Plan, Central Indian River Lagoon 739
Basin Management Action Plan, North Indian River Lagoon Basin 740
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 741
Plan, and such plans are the components of the Indian Riv er 742
Lagoon Protection Program which achieve phosphorous and nitrogen 743
load reductions for the Indian River Lagoon. 744
(a) Evaluation.—Every 5 years, the department shall 745
evaluate and update the Banana River Lagoon Basin Management 746
Action Plan, Central Indian River Lagoon Basin Management Action 747
Plan, and North Indian River Lagoon Basin Management Action Plan 748
and identify any further load reductions necessary to achieve 749
compliance with the relevant total maximum daily loads 750
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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
established pursuant to s. 403.067. A s provided in s. 751
403.067(7)(a)6., such plans must include 5 -year milestones for 752
implementation and water quality improvement and a water quality 753
monitoring component sufficient to evaluate whether reasonable 754
progress in pollutant load reductions is being a chieved over 755
time. 756
(b) Water quality standards and total maximum daily 757
loads.—The department, in coordination with the St. Johns River 758
Water Management District, South Florida Water Management 759
District, local governments, the Indian River Lagoon National 760
Estuary Program, and other stakeholders, shall identify and 761
prioritize strategies and projects necessary to achieve water 762
quality standards within the Indian River Lagoon watershed and 763
meet the total maximum daily loads. Projects identified from 764
this evaluation must be incorporated into the Banana River 765
Lagoon Basin Management Action Plan, Central Indian River Lagoon 766
Basin Management Action Plan, North Indian River Lagoon Basin 767
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 768
Plan, as appropriate. 769
(c) Indian River Lagoon Watershed Research and Water 770
Quality Monitoring Program. —The department, in coordination with 771
the St. Johns River Water Management District, the South Florida 772
Water Management District, and the Indian River Lagoon National 773
Estuary Program, shall implement the Indian River Lagoon 774
Watershed Research and Water Quality Monitoring Program to 775
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establish a comprehensive water quality monitoring network 776
throughout the Indian River Lagoon and fund research pertaining 777
to water quality, ecosystem restoration, and seagrass impacts 778
and restoration. The department shall use the results from the 779
program to prioritize projects and to make modifications to the 780
Banana River Lagoon Basin Management Action Plan, Central Indian 781
River Lagoon Basin Management Action Plan, North Indian River 782
Lagoon Basin Management Action Plan, and Mosquito Lagoon 783
Reasonable Assurance Plan, as appropriate. 784
(d) Onsite sewage treatment and disposal systems. — 785
1. Beginning on January 1, 2024, unless previously 786
permitted, the installation of new onsite sewage treatment and 787
disposal systems is prohibited within the Banana River Lagoon 788
Basin Management Action Plan, Central Indian River Lagoon Basin 789
Management Action Plan, North Indian River Lagoon Basin 790
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 791
Plan areas where a publicly owned or investor -owned sewerage 792
system is available as defined in s. 381.0065(2)(a). Where 793
central sewerage is not available, only enhanced nutrient -794
reducing onsite sewage treatme nt and disposal systems or other 795
wastewater treatment systems that achieve at least 65 percent 796
nitrogen reduction are authorized. 797
2. By July 1, 2030, any commercial or residential property 798
with an existing onsite sewage treatment and disposal system 799
located within the Banana River Lagoon Basin Management Action 800
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Plan, Central Indian River Lagoon Basin Management Action Plan, 801
North Indian River Lagoon Basin Management Action Plan, and 802
Mosquito Lagoon Reasonable Assurance Plan areas must connect to 803
central sewer if available or upgrade to an enhanced nutrient -804
reducing onsite sewage treatment and disposal system or other 805
wastewater treatment system that achieves at least 65 percent 806
nitrogen reduction. 807
(4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 808
section may not be construed to modify any existing state water 809
quality standard or to modify s. 403.067(6) and (7)(a). 810
(5) PRESERVATION OF AUTHORITY. —This section may not be 811
construed to restrict the authority otherwise granted to 812
agencies pursuant to th is chapter and chapter 403, and this 813
section is supplemental to the authority granted to agencies 814
pursuant to this chapter and chapter 403. 815
(6) RULES.—The department and governing boards of the St. 816
Johns River Water Management District and South Florida Water 817
Management District may adopt rules pursuant to ss. 120.536(1) 818
and 120.54 to implement this section. 819
Section 6. Subsection (1) of section 373.501, Florida 820
Statutes, is amended to read: 821
373.501 Appropriation of funds to water management 822
districts.— 823
(1) The department shall transfer may allocate to the 824
water management districts , from funds appropriated to the 825
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districts through the department in, such sums as may be deemed 826
necessary to defray the costs of the administrative, regulatory, 827
and other operational activities of the districts. The governing 828
boards shall submit annual budget requests for such purposes to 829
the department, and the department shall consider such budgets 830
in preparing its budget request for the Legislature. The 831
districts shall annually report to the department on the use of 832
the funds. 833
Section 7. Present subsections (2) through (8) of section 834
373.802, Florida Statutes, are redesignated as subsections (3) 835
through (9), respectively, and a new subsection (2) is added to 836
that section, to read: 837
373.802 Definitions. —As used in this part, the term: 838
(2) "Enhanced nutrient -reducing onsite sewage treatment 839
and disposal system" means an onsite sewage treatment and 840
disposal system approved by the department as capable of meeting 841
or exceeding a 50 percent total nitrogen reduction before 842
disposal of wastewater in the drainfield, or at least 65 percent 843
total nitrogen reduction combined from onsite sewage tank or 844
tanks and drainfield. 845
Section 8. Subsections (2) and (3) of section 373.807, 846
Florida Statutes, are amended to read: 847
373.807 Protection of water quality in Outstanding Florida 848
Springs.—By July 1, 2016, the department shall initiate 849
assessment, pursuant to s. 403.067(3), of Outstanding Florida 850
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Springs or spring systems for which an impairment determination 851
has not been made under the numeric nutrient standards in effect 852
for spring vents. Assessments must be completed by July 1, 2018. 853
(2) By July 1, 2017, each local government, as defined in 854
s. 373.802(3) s. 373.802(2), that has not adopted an ordinance 855
pursuant to s. 403.9337, shall develop, enact, and implement an 856
ordinance pursuant to that section. It is the intent of the 857
Legislature that ordinances required to be adopted under this 858
subsection reflect the latest scientif ic information, 859
advancements, and technological improvements in the industry. 860
(3) As part of a basin management action plan that 861
includes an Outstanding Florida Spring, the department, relevant 862
local governments, and relevant local public and private 863
wastewater utilities shall develop an onsite sewage treatment 864
and disposal system remediation plan for a spring if the 865
department determines onsite sewage treatment and disposal 866
systems within a basin management action plan priority focus 867
area contribute at least 20 percent of nonpoint source nitrogen 868
pollution or if the department determines remediation is 869
necessary to achieve the total maximum daily load. The plan must 870
shall identify cost-effective and financially feasible projects 871
necessary to reduce the nu trient impacts from onsite sewage 872
treatment and disposal systems and shall be completed and 873
adopted as part of the basin management action plan no later 874
than the first 5-year milestone required by subparagraph 875
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(1)(b)8. The department is the lead agency in coordinating the 876
preparation of and the adoption of the plan. The department 877
shall: 878
(a) Collect and evaluate credible scientific information 879
on the effect of nutrients, particularly forms of nitrogen, on 880
springs and springs systems; and 881
(b) Develop a public education plan to provide area 882
residents with reliable, understandable information about onsite 883
sewage treatment and disposal systems and springs. 884
885
In addition to the requirements in s. 403.067, the plan must 886
shall include options for repair, upgrade , replacement, 887
drainfield modification, addition of effective nitrogen reducing 888
features, connection to a central sewerage system, or other 889
action for an onsite sewage treatment and disposal system or 890
group of systems within a basin management action plan priority 891
focus area that contribute at least 20 percent of nonpoint 892
source nitrogen pollution or if the department determines 893
remediation is necessary to achieve a total maximum daily load. 894
For these systems, the department shall include in the plan a 895
priority ranking for each system or group of systems that 896
requires remediation and shall award funds to implement the 897
remediation projects contingent on an appropriation in the 898
General Appropriations Act, which may include all or part of the 899
costs necessary for repair, upgrade, replacement, drainfield 900
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modification, addition of effective nitrogen reducing features, 901
initial connection to a central sewerage system, or other 902
action. In awarding funds, the department may consider expected 903
nutrient reduction benefit per unit cost, size and scope of 904
project, relative local financial contribution to the project, 905
and the financial impact on property owners and the community. 906
The department may waive matching funding requirements for 907
proposed projects within an area desig nated as a rural area of 908
opportunity under s. 288.0656. 909
Section 9. Section 373.811, Florida Statutes, is amended 910
to read: 911
373.811 Prohibited activities within a basin management 912
action plan priority focus area.—The following activities are 913
prohibited within a basin management action plan priority focus 914
area in effect for an Outstanding Florida Spring: 915
(1) New domestic wastewater disposal facilities, including 916
rapid infiltration basins, with permitted capacities of 100,000 917
gallons per day or more, ex cept for those facilities that meet 918
an advanced wastewater treatment standard of no more than 3 mg/l 919
total nitrogen, expressed as N, on an annual permitted basis, or 920
a more stringent treatment standard if the department determines 921
the more stringent standa rd is necessary to attain a total 922
maximum daily load for the Outstanding Florida Spring. 923
(2) New onsite sewage treatment and disposal systems where 924
connection to a publicly owned or investor -owned sewerage system 925
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is available as defined in s. 381.0065(2) (a). On lots of 1 acre 926
or less, if a publicly owned or investor -owned sewerage system 927
is not available, only the installation of enhanced nutrient -928
reducing onsite sewage treatment and disposal systems or other 929
wastewater treatment systems that achieve at l east 65 percent 930
nitrogen reduction are authorized on lots of less than 1 acre, 931
if the addition of the specific systems conflicts with an onsite 932
treatment and disposal system remediation plan incorporated into 933
a basin management action plan in accordance wi th s. 373.807(3). 934
(3) New facilities for the disposal of hazardous waste. 935
(4) The land application of Class A or Class B domestic 936
wastewater biosolids not in accordance with a department 937
approved nutrient management plan establishing the rate at which 938
all biosolids, soil amendments, and sources of nutrients at the 939
land application site can be applied to the land for crop 940
production while minimizing the amount of pollutants and 941
nutrients discharged to groundwater or waters of the state. 942
(5) New agriculture operations that do not implement best 943
management practices, measures necessary to achieve pollution 944
reduction levels established by the department, or groundwater 945
monitoring plans approved by a water management district or the 946
department. 947
Section 10. Paragraph (b) of subsection (3) of section 948
375.041, Florida Statutes, is amended to read: 949
375.041 Land Acquisition Trust Fund. — 950
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(3) Funds distributed into the Land Acquisition Trust Fund 951
pursuant to s. 201.15 shall be applied: 952
(b) Of the funds re maining after the payments required 953
under paragraph (a), but before funds may be appropriated, 954
pledged, or dedicated for other uses: 955
1. A minimum of the lesser of 25 percent or $200 million 956
shall be appropriated annually for Everglades projects that 957
implement the Comprehensive Everglades Restoration Plan as set 958
forth in s. 373.470, including the Central Everglades Planning 959
Project subject to congressional authorization; the Long -Term 960
Plan as defined in s. 373.4592(2); and the Northern Everglades 961
and Estuaries Protection Program as set forth in s. 373.4595. 962
From these funds, $32 million shall be distributed each fiscal 963
year through the 2023 -2024 fiscal year to the South Florida 964
Water Management District for the Long -Term Plan as defined in 965
s. 373.4592(2). After deducting the $32 million distributed 966
under this subparagraph, from the funds remaining, a minimum of 967
the lesser of 76.5 percent or $100 million shall be appropriated 968
each fiscal year through the 2025 -2026 fiscal year for the 969
planning, design, enginee ring, and construction of the 970
Comprehensive Everglades Restoration Plan as set forth in s. 971
373.470, including the Central Everglades Planning Project, the 972
Everglades Agricultural Area Storage Reservoir Project, the Lake 973
Okeechobee Watershed Project, the C -43 West Basin Storage 974
Reservoir Project, the Indian River Lagoon -South Project, the 975
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Western Everglades Restoration Project, and the Picayune Strand 976
Restoration Project. The Department of Environmental Protection 977
and the South Florida Water Management Distr ict shall give 978
preference to those Everglades restoration projects that reduce 979
harmful discharges of water from Lake Okeechobee to the St. 980
Lucie or Caloosahatchee estuaries in a timely manner. For the 981
purpose of performing the calculation provided in this 982
subparagraph, the amount of debt service paid pursuant to 983
paragraph (a) for bonds issued after July 1, 2016, for the 984
purposes set forth under this paragraph shall be added to the 985
amount remaining after the payments required under paragraph 986
(a). The amount of the distribution calculated shall then be 987
reduced by an amount equal to the debt service paid pursuant to 988
paragraph (a) on bonds issued after July 1, 2016, for the 989
purposes set forth under this subparagraph. 990
2. A minimum of the lesser of 7.6 percent o r $50 million 991
shall be appropriated annually for spring restoration, 992
protection, and management projects. For the purpose of 993
performing the calculation provided in this subparagraph, the 994
amount of debt service paid pursuant to paragraph (a) for bonds 995
issued after July 1, 2016, for the purposes set forth under this 996
paragraph shall be added to the amount remaining after the 997
payments required under paragraph (a). The amount of the 998
distribution calculated shall then be reduced by an amount equal 999
to the debt service paid pursuant to paragraph (a) on bonds 1000
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issued after July 1, 2016, for the purposes set forth under this 1001
subparagraph. 1002
3. The sum of $5 million shall be appropriated annually 1003
each fiscal year through the 2025 -2026 fiscal year to the St. 1004
Johns River Water Management District for projects dedicated to 1005
the restoration of Lake Apopka. This distribution shall be 1006
reduced by an amount equal to the debt service paid pursuant to 1007
paragraph (a) on bonds issued after July 1, 2016, for the 1008
purposes set forth in t his subparagraph. 1009
4. The sum of $64 million is appropriated and shall be 1010
transferred to the Everglades Trust Fund for the 2018 -2019 1011
fiscal year, and each fiscal year thereafter, for the EAA 1012
reservoir project pursuant to s. 373.4598. Any funds remaining 1013
in any fiscal year shall be made available only for Phase II of 1014
the C-51 reservoir project or projects identified in 1015
subparagraph 1. and must be used in accordance with laws 1016
relating to such projects. Any funds made available for such 1017
purposes in a fiscal y ear are in addition to the amount 1018
appropriated under subparagraph 1. This distribution shall be 1019
reduced by an amount equal to the debt service paid pursuant to 1020
paragraph (a) on bonds issued after July 1, 2017, for the 1021
purposes set forth in this subparagrap h. 1022
5. The sum of $50 million shall be appropriated annually 1023
to the South Florida Water Management District for the Lake 1024
Okeechobee Watershed Restoration Project in accordance with s. 1025
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373.4599. This distribution must be reduced by an amount equal 1026
to the debt service paid pursuant to paragraph (a) on bonds 1027
issued after July 1, 2021, for the purposes set forth in this 1028
subparagraph. 1029
6. The sum of $100 million shall be appropriated annually 1030
to the Department of Environmental Protection for the 1031
acquisition of land pursuant to s. 259.105 Notwithstanding 1032
subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 1033
appropriated as provided in the General Appropriations Act. This 1034
subparagraph expires July 1, 2023 . 1035
Section 11. Present paragraphs (f) through ( r) of 1036
subsection (2) of section 381.0065, Florida Statutes, are 1037
redesignated as paragraphs (g) through (s), respectively, a new 1038
paragraph (f) is added to that subsection, and paragraph (n) of 1039
subsection (4) of that section is amended, to read: 1040
381.0065 Onsite sewage treatment and disposal systems; 1041
regulation.— 1042
(2) DEFINITIONS.—As used in ss. 381.0065 -381.0067, the 1043
term: 1044
(f) "Enhanced nutrient -reducing onsite sewage treatment 1045
and disposal system" means an onsite sewage treatment and 1046
disposal system approved by the department as capable of meeting 1047
or exceeding a 50 percent total nitrogen reduction before 1048
disposal of wastewater in the drainfield, or at least 65 percent 1049
total nitrogen reduction combined from onsite sewage tank or 1050
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tanks and drainfield. 1051
(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 1052
construct, repair, modify, abandon, or operate an onsite sewage 1053
treatment and disposal system without first obtaining a permit 1054
approved by the department. The department may issue permits to 1055
carry out this section, except that the issuance of a permit for 1056
work seaward of the coastal construction control line 1057
established under s. 161.053 shall be contingent upon receipt of 1058
any required coastal construction control line permit from the 1059
department. A construction permit is valid for 18 months after 1060
the date of issuance and may be extended by the department for 1061
one 90-day period under rules adopted by the department. A 1062
repair permit is valid for 90 days after the date of issuance. 1063
An operating permit must be obtained before the use of any 1064
aerobic treatment unit or if the establishment generates 1065
commercial waste. Buildings or establishments that use an 1066
aerobic treatment unit or generate commercial waste shall be 1067
inspected by the department at least annually to assure 1068
compliance with the terms of the operating permit. The operating 1069
permit for a commercial wastewater system is valid for 1 year 1070
after the date of issuance and must be renewed annually. The 1071
operating permit for an aerobic treatment unit is valid for 2 1072
years after the date of issuance and must be renewed every 2 1073
years. If all information pertaining to the siting, location, 1074
and installation conditions or repair of an onsite sewage 1075
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treatment and disposal system remains the same, a construction 1076
or repair permit for the onsite sewage treatment and disposal 1077
system may be transferred to another person, if the transferee 1078
files, within 60 days after the transfer of ownership, an 1079
amended application providing all corrected information and 1080
proof of ownership of t he property. A fee is not associated with 1081
the processing of this supplemental information. A person may 1082
not contract to construct, modify, alter, repair, service, 1083
abandon, or maintain any portion of an onsite sewage treatment 1084
and disposal system without be ing registered under part III of 1085
chapter 489. A property owner who personally performs 1086
construction, maintenance, or repairs to a system serving his or 1087
her own owner-occupied single-family residence is exempt from 1088
registration requirements for performing s uch construction, 1089
maintenance, or repairs on that residence, but is subject to all 1090
permitting requirements. A municipality or political subdivision 1091
of the state may not issue a building or plumbing permit for any 1092
building that requires the use of an onsite sewage treatment and 1093
disposal system unless the owner or builder has received a 1094
construction permit for such system from the department. A 1095
building or structure may not be occupied and a municipality, 1096
political subdivision, or any state or federal agency may not 1097
authorize occupancy until the department approves the final 1098
installation of the onsite sewage treatment and disposal system. 1099
A municipality or political subdivision of the state may not 1100
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approve any change in occupancy or tenancy of a building that 1101
uses an onsite sewage treatment and disposal system until the 1102
department has reviewed the use of the system with the proposed 1103
change, approved the change, and amended the operating permit. 1104
(n) Evaluations for determining the seasonal high -water 1105
table elevations or the suitability of soils for the use of a 1106
new onsite sewage treatment and disposal system shall be 1107
performed by department personnel, professional engineers 1108
registered in the stat e, or such other persons with expertise, 1109
as defined by rule, in making such evaluations. Evaluations for 1110
determining mean annual flood lines shall be performed by those 1111
persons identified in paragraph (2)(l) (2)(k). The department 1112
shall accept evaluations submitted by professional engineers and 1113
such other persons as meet the expertise established by this 1114
section or by rule unless the department has a reasonable 1115
scientific basis for questioning the accuracy or completeness of 1116
the evaluation. 1117
Section 12. Subsection (3) is added to section 381.00655, 1118
Florida Statutes, to read: 1119
381.00655 Connection of existing onsite sewage treatment 1120
and disposal systems to central sewerage system; requirements. — 1121
(3) Local governmental agencies, as defined in s. 1122
403.1835(2), that receive grants or loans from the department to 1123
offset the cost of connecting onsite sewage treatment and 1124
disposal systems to publicly owned or investor -owned sewerage 1125
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systems are encouraged to do all of the following while such 1126
funds remain available: 1127
(a) Identify the owners of onsite sewage treatment and 1128
disposal systems within the jurisdiction of the respective local 1129
governmental agency who are eligible to apply for the grant or 1130
loan funds and notify such owners of the funding availability. 1131
(b) Maintain a publicly available website with information 1132
relating to the availability of the grant or loan funds, 1133
including the amount of funds available and information on how 1134
the owner of an onsite sewage treatment and disposal system may 1135
apply for such funds. 1136
Section 13. Section 403.031, Florida Statutes, is 1137
reordered and amended to read: 1138
403.031 Definitions. —In construing this chapter, or rules 1139
and regulations adopted pursuant hereto, the following words, 1140
phrases, or terms, unless the context ot herwise indicates, have 1141
the following meanings: 1142
(1) "Contaminant" is any substance which is harmful to 1143
plant, animal, or human life. 1144
(2) "Department" means the Department of Environmental 1145
Protection. 1146
(3) "Effluent limitations" means any restriction 1147
established by the department on quantities, rates, or 1148
concentrations of chemical, physical, biological, or other 1149
constituents which are discharged from sources into waters of 1150
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the state. 1151
(5) "Enhanced nutrient -reducing onsite sewage treatment 1152
and disposal system" means an onsite sewage treatment and 1153
disposal system approved by the department as capable of meeting 1154
or exceeding a 50 percent total nitrogen reduction before 1155
disposal of wastewater in the drainfield, or at least 65 percent 1156
total nitrogen reducti on combined from onsite sewage tank or 1157
tanks and drainfield. 1158
(6)(4) "Installation" means is any structure, equipment, 1159
or facility, or appurtenances thereto, or operation which may 1160
emit air or water contaminants in quantities prohibited by rules 1161
of the department. 1162
(7) "Nutrient or nutrient -related standards" means water 1163
quality standards and criteria established for total nitrogen 1164
and total phosphorous, or their organic or inorganic forms; 1165
biological variables, such as chlorophyll -a, biomass, or the 1166
structure of the phytoplankton, periphyton, or vascular plant 1167
community, that respond to nutrient load or concentration in a 1168
predictable and measurable manner; or dissolved oxygen if it is 1169
demonstrated for the waterbody that dissolved oxygen conditions 1170
result in a biological imbalance and the dissolved oxygen 1171
responds to a nutrient load or concentration in a predictable 1172
and measurable manner. 1173
(8) "Onsite sewage treatment and disposal system" means a 1174
system that contains a standard subsurface, filled, or mound 1175
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drainfield system; an aerobic treatment unit; a graywater system 1176
tank; a laundry wastewater system tank; a septic tank; a grease 1177
interceptor; a pump tank; a solids or effluent pump; a 1178
waterless, incinerating, or organic waste -composting toilet; or 1179
a sanitary pit privy that is installed or proposed to be 1180
installed beyond the building sewer on land of the owner or on 1181
other land to which the owner has the legal right to install a 1182
system. The term includes any item placed within, or intended to 1183
be used as a part of or in conjunction with, the system. The 1184
term does not include package sewage treatment facilities and 1185
other treatment works regulated under chapter 403. 1186
(9)(5) "Person" means the state or any agency or 1187
institution thereof, the United States or any agency or 1188
institution thereof, or any municipality, political subdivision, 1189
public or private corporation, individual, partnership, 1190
association, or other entity and includes any officer or 1191
governing or managing body of the state, the United States, any 1192
agency, any municipality, political subdivision, or public or 1193
private corporation. 1194
(10)(6) "Plant" is any unit operation, complex, area, or 1195
multiple of unit operations that produce, process, or cause to 1196
be processed any materials, the processing of which can , or may, 1197
cause air or water pollution. 1198
(11)(7) "Pollution" is the presence in the outdoor 1199
atmosphere or waters of the state of any substances, 1200
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contaminants, noise, or manmade or human -induced impairment of 1201
air or waters or alteration of the chemical, ph ysical, 1202
biological, or radiological integrity of air or water in 1203
quantities or at levels which are or may be potentially harmful 1204
or injurious to human health or welfare, animal or plant life, 1205
or property or which unreasonably interfere with the enjoyment 1206
of life or property, including outdoor recreation unless 1207
authorized by applicable law. 1208
(12)(8) "Pollution prevention" means the steps taken by a 1209
potential generator of contamination or pollution to eliminate 1210
or reduce the contamination or pollution before it is discharged 1211
into the environment. The term includes nonmandatory steps taken 1212
to use alternative forms of energy, conserve or reduce the use 1213
of energy, substitute nontoxic materials for toxic materials, 1214
conserve or reduce the use of toxic materials an d raw materials, 1215
reformulate products, modify manufacturing or other processes, 1216
improve in-plant maintenance and operations, implement 1217
environmental planning before expanding a facility, and recycle 1218
toxic or other raw materials. 1219
(14)(9) "Sewerage system" means pipelines or conduits, 1220
pumping stations, and force mains and all other structures, 1221
devices, appurtenances, and facilities used for collecting or 1222
conducting wastes to an ultimate point for treatment or 1223
disposal. 1224
(15)(10) "Source" means is any and all points of origin of 1225
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a contaminant the item defined in subsection (1) , whether 1226
privately or publicly owned or operated. 1227
(21)(11) "Treatment works" and "disposal systems" mean any 1228
plant or other works used for the purpose of treating, 1229
stabilizing, or holding wastes. 1230
(22)(12) "Wastes" means sewage, industrial wastes, and all 1231
other liquid, gaseous, solid, radioactive, or other subs tances 1232
which may pollute or tend to pollute any waters of the state. 1233
(23)(13) "Waters" include, but are not limited to, rivers, 1234
lakes, streams, springs, impoundments, wetlands, and all other 1235
waters or bodies of water, including fresh, brackish, saline, 1236
tidal, surface, or underground waters. Waters owned entirely by 1237
one person other than the state are included only in regard to 1238
possible discharge on other property or water. Underground 1239
waters include, but are not limited to, all underground waters 1240
passing through pores of rock or soils or flowing through in 1241
channels, whether manmade or natural. Solely for purposes of s. 1242
403.0885, waters of the state also include navigable waters or 1243
waters of the contiguous zone as used in s. 502 of the Clean 1244
Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 1245
existence on January 1, 1993, except for those navigable waters 1246
seaward of the boundaries of the state set forth in s. 1, Art. 1247
II of the State Constitution. Solely for purposes of this 1248
chapter, waters of the state also include the area bounded by 1249
the following: 1250
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(a) Commence at the intersection of State Road (SRD) 5 1251
(U.S. 1) and the county line dividing Miami -Dade and Monroe 1252
Counties, said point also being the mean high -water line of 1253
Florida Bay, located in section 4, township 60 south, range 39 1254
east of the Tallahassee Meridian for the point of beginning. 1255
From said point of beginning, thence run northwesterly along 1256
said SRD 5 to an intersection with the north line of section 18, 1257
township 58 south, range 39 east; thence run westerly to a point 1258
marking the southeast corner of section 12, township 58 south, 1259
range 37 east, said point also lying on the east boundary of the 1260
Everglades National Park; thence run north along the east 1261
boundary of the aforementioned Everglades National Park to a 1262
point marking the northeast co rner of section 1, township 58 1263
south, range 37 east; thence run west along said park to a point 1264
marking the northwest corner of said section 1; thence run 1265
northerly along said park to a point marking the northwest 1266
corner of section 24, township 57 south, r ange 37 east; thence 1267
run westerly along the south lines of sections 14, 15, and 16 to 1268
the southwest corner of section 16; thence leaving the 1269
Everglades National Park boundary run northerly along the west 1270
line of section 16 to the northwest corner of sectio n 16; thence 1271
east along the northerly line of section 16 to a point at the 1272
intersection of the east one -half and west one-half of section 1273
9; thence northerly along the line separating the east one -half 1274
and the west one-half of sections 9, 4, 33, and 28; th ence run 1275
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easterly along the north line of section 28 to the northeast 1276
corner of section 28; thence run northerly along the west line 1277
of section 22 to the northwest corner of section 22; thence 1278
easterly along the north line of section 22 to a point at the 1279
intersection of the east one -half and west one-half of section 1280
15; thence run northerly along said line to the point of 1281
intersection with the north line of section 15; thence easterly 1282
along the north line of section 15 to the northeast corner of 1283
section 15; thence run northerly along the west lines of 1284
sections 11 and 2 to the northwest corner of section 2; thence 1285
run easterly along the north lines of sections 2 and 1 to the 1286
northeast corner of section 1, township 56 south, range 37 east; 1287
thence run north alo ng the east line of section 36, township 55 1288
south, range 37 east to the northeast corner of section 36; 1289
thence run west along the north line of section 36 to the 1290
northwest corner of section 36; thence run north along the west 1291
line of section 25 to the nort hwest corner of section 25; thence 1292
run west along the north line of section 26 to the northwest 1293
corner of section 26; thence run north along the west line of 1294
section 23 to the northwest corner of section 23; thence run 1295
easterly along the north line of sect ion 23 to the northeast 1296
corner of section 23; thence run north along the west line of 1297
section 13 to the northwest corner of section 13; thence run 1298
east along the north line of section 13 to a point of 1299
intersection with the west line of the southeast one -quarter of 1300
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section 12; thence run north along the west line of the 1301
southeast one-quarter of section 12 to the northwest corner of 1302
the southeast one-quarter of section 12; thence run east along 1303
the north line of the southeast one -quarter of section 12 to the 1304
point of intersection with the east line of section 12; thence 1305
run east along the south line of the northwest one -quarter of 1306
section 7 to the southeast corner of the northwest one -quarter 1307
of section 7; thence run north along the east line of the 1308
northwest one-quarter of section 7 to the point of intersection 1309
with the north line of section 7; thence run northerly along the 1310
west line of the southeast one -quarter of section 6 to the 1311
northwest corner of the southeast one -quarter of section 6; 1312
thence run east along the north lines of the southeast one -1313
quarter of section 6 and the southwest one -quarter of section 5 1314
to the northeast corner of the southwest one -quarter of section 1315
5; thence run northerly along the east line of the northwest 1316
one-quarter of section 5 t o the point of intersection with the 1317
north line of section 5; thence run northerly along the line 1318
dividing the east one -half and the west one -half of Lot 5 to a 1319
point intersecting the north line of Lot 5; thence run east 1320
along the north line of Lot 5 to th e northeast corner of Lot 5, 1321
township 54 1/2 south, range 38 east; thence run north along the 1322
west line of section 33, township 54 south, range 38 east to a 1323
point intersecting the northwest corner of the southwest one -1324
quarter of section 33; thence run east erly along the north line 1325
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of the southwest one -quarter of section 33 to the northeast 1326
corner of the southwest one -quarter of section 33; thence run 1327
north along the west line of the northeast one -quarter of 1328
section 33 to a point intersecting the north line of section 33; 1329
thence run easterly along the north line of section 33 to the 1330
northeast corner of section 33; thence run northerly along the 1331
west line of section 27 to a point intersecting the northwest 1332
corner of the southwest one -quarter of section 27; the nce run 1333
easterly to the northeast corner of the southwest one -quarter of 1334
section 27; thence run northerly along the west line of the 1335
northeast one-quarter of section 27 to a point intersecting the 1336
north line of section 27; thence run west along the north l ine 1337
of section 27 to the northwest corner of section 27; thence run 1338
north along the west lines of sections 22 and 15 to the 1339
northwest corner of section 15; thence run easterly along the 1340
north lines of sections 15 and 14 to the point of intersection 1341
with the L-31N Levee, said intersection located near the 1342
southeast corner of section 11, township 54 south, range 38 1343
east; thence run northerly along Levee L -31N crossing SRD 90 1344
(U.S. 41 Tamiami Trail) to an intersection common to Levees L -1345
31N, L-29, and L-30, said intersection located near the 1346
southeast corner of section 2, township 54 south, range 38 east; 1347
thence run northeasterly, northerly, and northeasterly along 1348
Levee L-30 to a point of intersection with the Miami -1349
Dade/Broward Levee, said intersection locate d near the northeast 1350
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corner of section 17, township 52 south, range 39 east; thence 1351
run due east to a point of intersection with SRD 27 (Krome 1352
Ave.); thence run northeasterly along SRD 27 to an intersection 1353
with SRD 25 (U.S. 27), said intersection located in section 3, 1354
township 52 south, range 39 east; thence run northerly along 1355
said SRD 25, entering into Broward County, to an intersection 1356
with SRD 84 at Andytown; thence run southeasterly along the 1357
aforementioned SRD 84 to an intersection with the southwest erly 1358
prolongation of Levee L -35A, said intersection being located in 1359
the northeast one-quarter of section 5, township 50 south, range 1360
40 east; thence run northeasterly along Levee L -35A to an 1361
intersection of Levee L -36, said intersection located near the 1362
southeast corner of section 12, township 49 south, range 40 1363
east; thence run northerly along Levee L -36, entering into Palm 1364
Beach County, to an intersection common to said Levees L -36, L-1365
39, and L-40, said intersection located near the west quarter 1366
corner of section 19, township 47 south, range 41 east; thence 1367
run northeasterly, easterly, and northerly along Levee L -40, 1368
said Levee L-40 being the easterly boundary of the Loxahatchee 1369
National Wildlife Refuge, to an intersection with SRD 80 (U.S. 1370
441), said intersection located near the southeast corner of 1371
section 32, township 43 south, range 40 east; thence run 1372
westerly along the aforementioned SRD 80 to a point marking the 1373
intersection of said road and the northeasterly prolongation of 1374
Levee L-7, said Levee L-7 being the westerly boundary of the 1375
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Loxahatchee National Wildlife Refuge; thence run southwesterly 1376
and southerly along said Levee L -7 to an intersection common to 1377
Levees L-7, L-15 (Hillsborough Canal), and L -6; thence run 1378
southwesterly along Levee L -6 to an intersection common to Levee 1379
L-6, SRD 25 (U.S. 27), and Levee L -5, said intersection being 1380
located near the northwest corner of section 27, township 47 1381
south, range 38 east; thence run westerly along the 1382
aforementioned Levee L -5 to a point intersecting the east line 1383
of range 36 east; thence run northerly along said range line to 1384
a point marking the northeast corner of section 1, township 47 1385
south, range 36 east; thence run westerly along the north line 1386
of township 47 south, to an intersection with Levee L-23/24 1387
(Miami Canal); thence run northwesterly along the Miami Canal 1388
Levee to a point intersecting the north line of section 22, 1389
township 46 south, range 35 east; thence run westerly to a point 1390
marking the northwest corner of section 21, township 46 south , 1391
range 35 east; thence run southerly to the southwest corner of 1392
said section 21; thence run westerly to a point marking the 1393
northwest corner of section 30, township 46 south, range 35 1394
east, said point also being on the line dividing Palm Beach and 1395
Hendry Counties; from said point, thence run southerly along 1396
said county line to a point marking the intersection of Broward, 1397
Hendry, and Collier Counties, said point also being the 1398
northeast corner of section 1, township 49 south, range 34 east; 1399
thence run westerly along the line dividing Hendry and Collier 1400
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Counties and continuing along the prolongation thereof to a 1401
point marking the southwest corner of section 36, township 48 1402
south, range 29 east; thence run southerly to a point marking 1403
the southwest corner of s ection 12, township 49 south, range 29 1404
east; thence run westerly to a point marking the southwest 1405
corner of section 10, township 49 south, range 29 east; thence 1406
run southerly to a point marking the southwest corner of section 1407
15, township 49 south, range 2 9 east; thence run westerly to a 1408
point marking the northwest corner of section 24, township 49 1409
south, range 28 east, said point lying on the west boundary of 1410
the Big Cypress Area of Critical State Concern as described in 1411
rule 28-25.001, Florida Administrat ive Code; thence run 1412
southerly along said boundary crossing SRD 84 (Alligator Alley) 1413
to a point marking the southwest corner of section 24, township 1414
50 south, range 28 east; thence leaving the aforementioned west 1415
boundary of the Big Cypress Area of Critica l State Concern run 1416
easterly to a point marking the northeast corner of section 25, 1417
township 50 south, range 28 east; thence run southerly along the 1418
east line of range 28 east to a point lying approximately 0.15 1419
miles south of the northeast corner of secti on 1, township 52 1420
south, range 28 east; thence run southwesterly 2.4 miles more or 1421
less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), 1422
said intersection lying 1.1 miles more or less west of the east 1423
line of range 28 east; thence run northwesterly and westerly 1424
along SRD 90 to an intersection with the west line of section 1425
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10, township 52 south, range 28 east; thence leaving SRD 90 run 1426
southerly to a point marking the southwest corner of section 15, 1427
township 52 south, range 28 east; thence run westerl y crossing 1428
the Faka Union Canal 0.6 miles more or less to a point; thence 1429
run southerly and parallel to the Faka Union Canal to a point 1430
located on the mean high -water line of Faka Union Bay; thence 1431
run southeasterly along the mean high -water line of the va rious 1432
bays, rivers, inlets, and streams to the point of beginning. 1433
(b) The area bounded by the line described in paragraph 1434
(a) generally includes those waters to be known as waters of the 1435
state. The landward extent of these waters shall be determined 1436
by the delineation methodology ratified in s. 373.4211. Any 1437
waters which are outside the general boundary line described in 1438
paragraph (a) but which are contiguous thereto by virtue of the 1439
presence of a wetland, watercourse, or other surface water, as 1440
determined by the delineation methodology ratified in s. 1441
373.4211, shall be a part of this waterbody water body. Any 1442
areas within the line described in paragraph (a) which are 1443
neither a wetland nor surface water, as determined by the 1444
delineation methodology ratifi ed in s. 373.4211, shall be 1445
excluded therefrom. If the Florida Environmental Regulation 1446
Commission designates the waters within the boundaries an 1447
Outstanding Florida Water, waters outside the boundaries may 1448
shall not be included as part of such designation unless a 1449
hearing is held pursuant to notice in each appropriate county 1450
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and the boundaries of such lands are specifically considered and 1451
described for such designation. 1452
(16)(14) "State water resource implementation rule" means 1453
the rule authorized by s. 3 73.036, which sets forth goals, 1454
objectives, and guidance for the development and review of 1455
programs, rules, and plans relating to water resources, based on 1456
statutory policies and directives. The waters of the state are 1457
among its most basic resources. Such waters should be managed to 1458
conserve and protect water resources and to realize the full 1459
beneficial use of these resources. 1460
(17)(15) "Stormwater management program" means the 1461
institutional strategy for stormwater management, including 1462
urban, agricultural, and other stormwater. 1463
(18)(16) "Stormwater management system" means a system 1464
which is designed and constructed or implemented to control 1465
discharges that which are necessitated by rainfall events, 1466
incorporating methods to collect, convey, store, absorb, 1467
inhibit, treat, use, or reuse water to prevent or reduce 1468
flooding, overdrainage, environmental degradation and water 1469
pollution or otherwise affect the quantity and quality of 1470
discharges from the system. 1471
(19)(17) "Stormwater utility" means the funding of a 1472
stormwater management program by assessing the cost of the 1473
program to the beneficiaries based on their relative 1474
contribution to its need. It is operated as a typical utility 1475
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which bills services regularly, similar to water and wastewater 1476
services. 1477
(24)(18) "Watershed" means the land area that which 1478
contributes to the flow of water into a receiving body of water. 1479
(13)(19) "Regulated air pollutant" means any pollutant 1480
regulated under the federal Clean Air Act. 1481
(4)(20) "Electrical power plant" means, for purposes of 1482
this part of this chapter, any electrical generating facility 1483
that uses any process or fuel and that is owned or operated by 1484
an electric utility, as defined in s. 403.503(14), and includes 1485
any associated facility that directly supports the operation of 1486
the electrical power plant. 1487
(20)(21) "Total maximum daily load" is defined as the sum 1488
of the individual wasteload allocations for point sources and 1489
the load allocations for nonpoint sources and natural 1490
background. Prior to determining indivi dual wasteload 1491
allocations and load allocations, the maximum amount of a 1492
pollutant that a waterbody water body or water segment can 1493
assimilate from all sources without exceeding water quality 1494
standards must first be calculated. 1495
Section 14. Paragraphs (a) and (e) of subsection (7) of 1496
section 403.067, Florida Statutes, are amended to read: 1497
403.067 Establishment and implementation of total maximum 1498
daily loads.— 1499
(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1500
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IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 1501
(a) Basin management action plans. — 1502
1. In developing and implementing the total maximum daily 1503
load for a waterbody water body, the department, or the 1504
department in conjunction with a water management district, may 1505
develop a basin management action pla n that addresses some or 1506
all of the watersheds and basins tributary to the waterbody 1507
water body. Such plan must integrate the appropriate management 1508
strategies available to the state through existing water quality 1509
protection programs to achieve the total m aximum daily loads and 1510
may provide for phased implementation of these management 1511
strategies to promote timely, cost -effective actions as provided 1512
for in s. 403.151. The plan must establish a schedule 1513
implementing the management strategies, establish a basi s for 1514
evaluating the plan's effectiveness, and identify feasible 1515
funding strategies for implementing the plan's management 1516
strategies. The management strategies may include regional 1517
treatment systems or other public works, when appropriate, and 1518
voluntary trading of water quality credits to achieve the needed 1519
pollutant load reductions. 1520
2. A basin management action plan must equitably allocate, 1521
pursuant to paragraph (6)(b), pollutant reductions to individual 1522
basins, as a whole to all basins, or to each iden tified point 1523
source or category of nonpoint sources, as appropriate. For 1524
nonpoint sources for which best management practices have been 1525
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adopted, the initial requirement specified by the plan must be 1526
those practices developed pursuant to paragraph (c). When 1527
appropriate, the plan may take into account the benefits of 1528
pollutant load reduction achieved by point or nonpoint sources 1529
that have implemented management strategies to reduce pollutant 1530
loads, including best management practices, before the 1531
development of the basin management action plan. The plan must 1532
also identify the mechanisms that will address potential future 1533
increases in pollutant loading. 1534
3. The basin management action planning process is 1535
intended to involve the broadest possible range of intere sted 1536
parties, with the objective of encouraging the greatest amount 1537
of cooperation and consensus possible. In developing a basin 1538
management action plan, the department shall assure that key 1539
stakeholders, including, but not limited to, applicable local 1540
governments, water management districts, the Department of 1541
Agriculture and Consumer Services, other appropriate state 1542
agencies, local soil and water conservation districts, 1543
environmental groups, regulated interests, and affected 1544
pollution sources, are invited to participate in the process. 1545
The department shall hold at least one public meeting in the 1546
vicinity of the watershed or basin to discuss and receive 1547
comments during the planning process and shall otherwise 1548
encourage public participation to the greatest pr acticable 1549
extent. Notice of the public meeting must be published in a 1550
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newspaper of general circulation in each county in which the 1551
watershed or basin lies at least 5 days, but not more than 15 1552
days, before the public meeting. A basin management action plan 1553
does not supplant or otherwise alter any assessment made under 1554
subsection (3) or subsection (4) or any calculation or initial 1555
allocation. 1556
4. Each new or revised basin management action plan must 1557
shall include all of the following : 1558
a. The appropriate m anagement strategies available through 1559
existing water quality protection programs to achieve total 1560
maximum daily loads, which may provide for phased implementation 1561
to promote timely, cost -effective actions as provided for in s. 1562
403.151.; 1563
b. A description of best management practices adopted by 1564
rule.; 1565
c. For the applicable 5 -year implementation milestone, a 1566
list of projects that will achieve the pollutant load reductions 1567
needed to meet the total maximum daily load or the load 1568
allocations established purs uant to subsection (6). Each project 1569
must include a planning -level cost estimate and an estimated 1570
date of completion. A list of projects in priority ranking with 1571
a planning-level cost estimate and estimated date of completion 1572
for each listed project; 1573
d. A list of projects developed pursuant to paragraph (e), 1574
if applicable. 1575
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e.d. The source and amount of financial assistance to be 1576
made available by the department, a water management district, 1577
or other entity for each listed project, if applicable .; and 1578
f.e. A planning-level estimate of each listed project's 1579
expected load reduction, if applicable. 1580
5. The department shall adopt all or any part of a basin 1581
management action plan and any amendment to such plan by 1582
secretarial order pursuant to chapter 120 to implement this 1583
section. 1584
6. The basin management action plan must include 5-year 1585
milestones for implementation and water quality improvement, and 1586
an associated water quality monitoring component sufficient to 1587
evaluate whether reasonable progress in pollu tant load 1588
reductions is being achieved over time. An assessment of 1589
progress toward these milestones shall be conducted every 5 1590
years, and revisions to the plan shall be made as appropriate. 1591
Any entity with a specific pollutant load reduction requirement 1592
established in a basin management action plan shall identify the 1593
projects or strategies that such entity will undertake to meet 1594
current 5-year pollution reduction milestones, beginning with 1595
the first 5-year milestone for new basin management action 1596
plans, and submit such projects to the department for inclusion 1597
in the appropriate basin management action plan. Each project 1598
identified must include an estimated amount of nutrient 1599
reduction that is reasonably expected to be achieved based on 1600
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the best scientific i nformation available. Revisions to the 1601
basin management action plan shall be made by the department in 1602
cooperation with basin stakeholders. Revisions to the management 1603
strategies required for nonpoint sources must follow the 1604
procedures in subparagraph (c)4 . Revised basin management action 1605
plans must be adopted pursuant to subparagraph 5. 1606
7. In accordance with procedures adopted by rule under 1607
paragraph (9)(c), basin management action plans, and other 1608
pollution control programs under local, state, or federa l 1609
authority as provided in subsection (4), may allow point or 1610
nonpoint sources that will achieve greater pollutant reductions 1611
than required by an adopted total maximum daily load or 1612
wasteload allocation to generate, register, and trade water 1613
quality credits for the excess reductions to enable other 1614
sources to achieve their allocation; however, the generation of 1615
water quality credits does not remove the obligation of a source 1616
or activity to meet applicable technology requirements or 1617
adopted best management p ractices. Such plans must allow trading 1618
between NPDES permittees, and trading that may or may not 1619
involve NPDES permittees, where the generation or use of the 1620
credits involve an entity or activity not subject to department 1621
water discharge permits whose own er voluntarily elects to obtain 1622
department authorization for the generation and sale of credits. 1623
8. The department's rule relating to the equitable 1624
abatement of pollutants into surface waters do not apply to 1625
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water bodies or waterbody water body segments for which a basin 1626
management plan that takes into account future new or expanded 1627
activities or discharges has been adopted under this section. 1628
9. In order to promote resilient wastewater utilities, if 1629
the department identifies domestic wastewater treatment 1630
facilities or onsite sewage treatment and disposal systems as 1631
contributors of at least 20 percent of point source or nonpoint 1632
source nutrient pollution or if the department determines 1633
remediation is necessary to achieve the total maximum daily 1634
load, a basin management action plan for a nutrient total 1635
maximum daily load must include the following: 1636
a. A wastewater treatment plan developed by each local 1637
government, in cooperation with the department, the water 1638
management district, and the public an d private domestic 1639
wastewater treatment facilities within the jurisdiction of the 1640
local government, that addresses domestic wastewater. The 1641
wastewater treatment plan must: 1642
(I) Provide for construction, expansion, or upgrades 1643
necessary to achieve the tota l maximum daily load requirements 1644
applicable to the domestic wastewater treatment facility. 1645
(II) Include the permitted capacity in average annual 1646
gallons per day for the domestic wastewater treatment facility; 1647
the average nutrient concentration and the e stimated average 1648
nutrient load of the domestic wastewater; a projected timeline 1649
of the dates by which the construction of any facility 1650
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improvements will begin and be completed and the date by which 1651
operations of the improved facility will begin; the estima ted 1652
cost of the improvements; and the identity of responsible 1653
parties. 1654
1655
The wastewater treatment plan must be adopted as part of the 1656
basin management action plan no later than July 1, 2025. A local 1657
government that does not have a domestic wastewater treatm ent 1658
facility in its jurisdiction is not required to develop a 1659
wastewater treatment plan unless there is a demonstrated need to 1660
establish a domestic wastewater treatment facility within its 1661
jurisdiction to improve water quality necessary to achieve a 1662
total maximum daily load. A local government is not responsible 1663
for a private domestic wastewater facility's compliance with a 1664
basin management action plan unless such facility is operated 1665
through a public-private partnership to which the local 1666
government is a party. 1667
b. An onsite sewage treatment and disposal system 1668
remediation plan developed by each local government in 1669
cooperation with the department, the Department of Health, water 1670
management districts, and public and private domestic wastewater 1671
treatment facilities. 1672
(I) The onsite sewage treatment and disposal system 1673
remediation plan must identify cost -effective and financially 1674
feasible projects necessary to achieve the nutrient load 1675
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reductions required for onsite sewage treatment and disposal 1676
systems. To identify cost-effective and financially feasible 1677
projects for remediation of onsite sewage treatment and disposal 1678
systems, the local government shall: 1679
(A) Include an inventory of onsite sewage treatment and 1680
disposal systems based on the best information a vailable; 1681
(B) Identify onsite sewage treatment and disposal systems 1682
that would be eliminated through connection to existing or 1683
future central domestic wastewater infrastructure in the 1684
jurisdiction or domestic wastewater service area of the local 1685
government, that would be replaced with or upgraded to enhanced 1686
nutrient-reducing onsite sewage treatment and disposal systems, 1687
or that would remain on conventional onsite sewage treatment and 1688
disposal systems; 1689
(C) Estimate the costs of potential onsite sewage 1690
treatment and disposal system connections, upgrades, or 1691
replacements; and 1692
(D) Identify deadlines and interim milestones for the 1693
planning, design, and construction of projects. 1694
(II) The department shall adopt the onsite sewage 1695
treatment and disposal syst em remediation plan as part of the 1696
basin management action plan no later than July 1, 2025, or as 1697
required for Outstanding Florida Springs under s. 373.807. 1698
10. The installation of new onsite sewage treatment and 1699
disposal systems constructed within a bas in management action 1700
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plan area adopted under this section, a reasonable assurance 1701
plan, or a pollution reduction plan is prohibited where 1702
connection to a publicly owned or investor -owned sewerage system 1703
is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1704
or less within a basin management action plan adopted under this 1705
section, a reasonable assurance plan, or a pollution reduction 1706
plan where a publicly owned or investor -owned sewerage system is 1707
not available, the installation of enhanced nutrient -reducing 1708
onsite sewage treatment and disposal systems or other wastewater 1709
treatment systems that achieve at least 65 percent nitrogen 1710
reduction is required. 1711
11.10. When identifying wastewater projects in a basin 1712
management action plan, the department ma y not require the 1713
higher cost option if it achieves the same nutrient load 1714
reduction as a lower cost option. A regulated entity may choose 1715
a different cost option if it complies with the pollutant 1716
reduction requirements of an adopted total maximum daily lo ad 1717
and meets or exceeds the pollution reduction requirement of the 1718
original project. 1719
12. Annually, local governments subject to a basin 1720
management action plan or located within the basin of a 1721
waterbody not attaining nutrient or nutrient -related standards 1722
must provide to the department an update on the status of 1723
construction of sanitary sewers to serve such areas, in a manner 1724
prescribed by the department. 1725
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(e) Cooperative agricultural regional water quality 1726
improvement element. — 1727
1. The department and, the Department of Agriculture and 1728
Consumer Services, in cooperation with and owners of 1729
agricultural operations in the basin , shall develop a 1730
cooperative agricultural regional water quality improvement 1731
element as part of a basin management action plan where only if: 1732
a. Agricultural measures have been adopted by the 1733
Department of Agriculture and Consumer Services pursuant to 1734
subparagraph (c)2. and have been implemented and the water body 1735
remains impaired; 1736
b. Agricultural nonpoint sources contribute to at l east 20 1737
percent of nonpoint source nutrient discharges; or and 1738
b.c. The department determines that additional measures, 1739
in combination with state -sponsored regional projects and other 1740
management strategies included in the basin management action 1741
plan, are necessary to achieve the total maximum daily load. 1742
2. The element will be implemented through the use of 1743
cost-effective and technically and financially practical 1744
regional agricultural nutrient reduction cost-sharing projects 1745
and. The element must include a list of such projects submitted 1746
to the department by the Department of Agriculture and Consumer 1747
Services which, in combination with the best management 1748
practices, additional measures, and other management strategies, 1749
will achieve the needed pollutant load reductions established 1750
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for agricultural nonpoint sources cost-effective and technically 1751
and financially practical cooperative regional agricultural 1752
nutrient reduction projects that can be implemented on private 1753
properties on a site -specific, cooperative basis. Such 1754
cooperative regional agricultural nutrient reduction projects 1755
may include, but are not limited to, land acquisition in fee or 1756
conservation easements on the lands of willing sellers and site -1757
specific water quality improvement or dispersed water management 1758
projects. The list of regional projects included in the 1759
cooperative agricultural regional water qua lity improvement 1760
element must include a planning -level cost estimate of each 1761
project along with the estimated amount of nutrient reduction 1762
that such project will achieve on the lands of project 1763
participants. 1764
3. To qualify for participation in the coopera tive 1765
agricultural regional water quality improvement element, the 1766
participant must have already implemented and be in compliance 1767
with best management practices or other measures adopted by the 1768
Department of Agriculture and Consumer Services pursuant to 1769
subparagraph (c)2. The element must may be included in the basin 1770
management action plan as a part of the next 5 -year assessment 1771
under subparagraph (a)6. 1772
4. The department or the Department of Agriculture and 1773
Consumer Services may submit a legislative budget request to 1774
fund projects developed pursuant to this paragraph. In 1775
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allocating funds for projects funded pursuant to this paragraph, 1776
the department shall provide at least 20 percent of its annual 1777
appropriation for projects in subbasins with the highest 1778
nutrient concentrations within a basin management action plan. 1779
Projects submitted pursuant to this paragraph are eligible for 1780
funding in accordance with s. 403.0673. 1781
Section 15. Section 403.0673, Florida Statutes, is amended 1782
to read: 1783
403.0673 Water quality improvement Wastewater grant 1784
program.—A wastewater grant program is established within the 1785
Department of Environmental Protection to address wastewater, 1786
stormwater, and agricultural sources of nutrient loading to 1787
surface water or groundwater . 1788
(1) The purpose of the grant program is to fund projects 1789
that will improve the quality of waterbodies that: 1790
(a) Are not attaining nutrient or nutrient -related 1791
standards; 1792
(b) Have an established total maximum daily load; or 1793
(c) Are located Subject to the appropriation of funds by 1794
the Legislature, the department may provide grants for the 1795
following projects within a basin management action plan area, a 1796
reasonable assurance plan area an alternative restoration plan 1797
adopted by final order, an accepted alternative restoration plan 1798
area, or a rural area of opportunity under s. 288.0656 . 1799
(2) The department may provide grants for all of the 1800
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following types of projects that reduce the amount of nutrients 1801
entering those waterbodies identified in subsection (1): 1802
(a) Connecting onsite sewage treatment and disposal 1803
systems to central sewer facilities. 1804
(b) Upgrading domestic wastewater treatment facilities to 1805
advanced waste treatment or greater. 1806
(c) Repairing, upgrading, expanding, or constructing 1807
stormwater treatment facilities that result in improvements to 1808
surface water or groundwater quality. 1809
(d) Repairing, upgrading, expanding, or constructing 1810
domestic wastewater treatment facilities that result in 1811
improvements to surface water or groundwater quality, inclu ding 1812
domestic wastewater reuse and collection systems. 1813
(e) Projects identified pursuant to s. 403.067(7)(a) or 1814
(7)(e). 1815
(f) Projects identified in a wastewater treatment plan or 1816
an onsite sewage treatment and disposal system remediation plan 1817
developed pursuant to s. 403.067(7)(a)9.a. and b. 1818
(g) Projects listed in a city or county capital 1819
improvement element pursuant to s. 163.3177(3)(a)4.b. 1820
(h) Retrofitting onsite sewage treatment and disposal 1821
systems to upgrade such systems to enhanced nutrient -reducing 1822
onsite sewage treatment and disposal systems where central 1823
sewerage is unavailable which will individually or collectively 1824
reduce excess nutrient pollution: 1825
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(a) Projects to retrofit onsite sewage treatment and 1826
disposal systems to upgrade such systems to enhanced nutrient -1827
reducing onsite sewage treatment and disposal systems. 1828
(b) Projects to construct, upgrade, or expand facilities 1829
to provide advanced waste treatment, as defined in s. 1830
403.086(4). 1831
(c) Projects to connect onsite sewage treatme nt and 1832
disposal systems to central sewer facilities . 1833
(3)(2) In allocating such funds, priority must be given to 1834
projects that subsidize the connection of onsite sewage 1835
treatment and disposal systems to wastewater treatment 1836
facilities. First priority must be given to subsidize the 1837
connection of onsite sewage treatment and disposal systems to 1838
existing infrastructure. Second priority must be given to any 1839
expansion of a collection or transmission system that promotes 1840
efficiency by planning the installation of wastewater 1841
transmission facilities to be constructed concurrently with 1842
other construction projects occurring within or along a 1843
transportation facility right -of-way. Third priority must be 1844
given to all other connections of onsite sewage treatment and 1845
disposal systems to wastewater treatment facilities. The 1846
department shall consider and prioritize those projects that: 1847
(a) Have the maximum estimated reduction in nutrient load 1848
per project; 1849
(b) Demonstrate project readiness; 1850
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(c) Are cost-effective; 1851
(d) Have a cost share identified by the applicant, except 1852
for rural areas of opportunity; 1853
(e) Have previous state commitment and involvement in the 1854
project, considering previously funded phases, the total amount 1855
of previous state funding, and previous partia l appropriations 1856
for the proposed project; or 1857
(f) Are in a the cost-effectiveness of the project; the 1858
overall environmental benefit of a project; the location where 1859
reductions are needed most to attain the water quality standards 1860
of a waterbody not attai ning nutrient or nutrient -related 1861
standards. 1862
1863
Any project that does not result in reducing nutrient loading to 1864
a waterbody identified in subsection (1) is not eligible for 1865
funding under this section of a project; the availability of 1866
local matching funds; a nd projected water savings or quantity 1867
improvements associated with a project . 1868
(3) Each grant for a project described in subsection (1) 1869
must require a minimum of a 50 -percent local match of funds. 1870
However, the department may, at its discretion, waive, in whole 1871
or in part, this consideration of the local contribution for 1872
proposed projects within an area designated as a rural area of 1873
opportunity under s. 288.0656. 1874
(4) The department shall coordinate annually with each 1875
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water management district , as necessary, to identify potential 1876
projects grant recipients in each district. 1877
(5) The department shall coordinate with local governments 1878
and stakeholders to identify the most effective and beneficial 1879
water quality improvement projects. 1880
(6) Beginning January 15, 2024 1, 2021, and each January 1881
15 1 thereafter, the department shall submit a report regarding 1882
the projects funded pursuant to this section to the Governor, 1883
the President of the Senate, and the Speaker of the House of 1884
Representatives. The report must include a list of those 1885
projects receiving funding and the following information for 1886
each project: 1887
(a) A description of the project; 1888
(b) The cost of the project; 1889
(c) The estimated nutrient load reduction of the project; 1890
(d) The location of the project; 1891
(e) The waterbody or waterbodies where the project will 1892
reduce nutrients; and 1893
(f) The total cost share being provided for the project. 1894
Section 16. Paragraph (c) of subsection (1) of section 1895
403.086, Florida Statutes, is amended to read: 1896
403.086 Sewage disposal facilities; advanced and secondary 1897
waste treatment.— 1898
(1) 1899
(c)1. Notwithstanding this chapter or chapter 373, sewage 1900
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disposal facilities may not dispose of any wastes into the 1901
following waters without providing advanced waste trea tment, as 1902
defined in subsection (4), as approved by the department or a 1903
more stringent treatment standard if the department determines 1904
the more stringent standard is necessary to achieve the total 1905
maximum daily load or applicable water quality criteria: 1906
a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega 1907
Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little 1908
Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, 1909
Biscayne Bay, or any river, stream, channel, canal, bay, bayou, 1910
sound, or other water tributary thereto. , 1911
b. Beginning July 1, 2025, Indian River Lagoon, or into 1912
any river, stream, channel, canal, bay, bayou, sound, or other 1913
water tributary thereto . 1914
c. By January 1, 2033, waterbodies that are currently not 1915
attaining nutrient or nutrient-related standards or that are 1916
subject to a nutrient or nutrient -related basin management 1917
action plan adopted pursuant to s. 403.067 or adopted reasonable 1918
assurance plan. 1919
2. For any waterbody determined not to be attaining 1920
nutrient or nutrient -related standards after July 1, 2023, or 1921
subject to a nutrient or nutrient -related basin management 1922
action plan adopted pursuant to s. 403.067 or adopted reasonable 1923
assurance plan after July 1, 2023, sewage disposal facilities 1924
are prohibited from disposing a ny wastes into such waters 1925
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without providing advanced waste treatment, as defined in 1926
subsection (4), as approved by the department within 10 years 1927
after such determination or adoption , without providing advanced 1928
waste treatment, as defined in subsection (4 ), approved by the 1929
department. This paragraph does not apply to facilities which 1930
were permitted by February 1, 1987, and which discharge 1931
secondary treated effluent, followed by water hyacinth 1932
treatment, to tributaries of tributaries of the named waters; or 1933
to facilities permitted to discharge to the nontidally 1934
influenced portions of the Peace River. 1935
Section 17. Subsection (10) of section 570.71, Florida 1936
Statutes, is amended, and subsection (14) is added to that 1937
section, to read: 1938
570.71 Conservation ea sements and agreements. — 1939
(10) The department, in consultation with the Department 1940
of Environmental Protection, the water management districts, the 1941
Department of Economic Opportunity, and the Florida Fish and 1942
Wildlife Conservation Commission, shall adopt rules that 1943
establish an application process ;, a process and criteria for 1944
setting priorities for use of funds consistent with the purposes 1945
specified in subsection (1) and giving preference to ranch and 1946
timber lands managed using sustainable practices, lands in 1947
imminent danger of development or degradation, or lands within 1948
the Florida wildlife corridor as defined in s. 259.1055(4); an 1949
appraisal process;, and a process for title review and 1950
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compliance and approval of the rules by the Board of Trustees of 1951
the Internal Improvement Trust Fund. 1952
(14) Notwithstanding any other law or rule, the department 1953
shall submit a purchase agreement authorized by this section to 1954
the Board of Trustees of the Internal Improvement Trust Fund for 1955
approval only if the purchase price exceeds $5 million. 1956
Section 18. Paragraph (b) of subsection (1) and subsection 1957
(5) of section 570.715, Florida Statutes, are amended to read: 1958
570.715 Conservation easement acquisition procedures. — 1959
(1) For less than fee simple acquisitions pursuan t to s. 1960
570.71, the Department of Agriculture and Consumer Services 1961
shall comply with the following acquisition procedures: 1962
(b) Before approval by the board of trustees of an 1963
agreement to purchase less than fee simple title to land 1964
pursuant to s. 570.71, an appraisal of the parcel shall be 1965
required as follows: 1966
1. Each parcel to be acquired shall have at least one 1967
appraisal. Two appraisals are required when the estimated value 1968
of the parcel exceeds $5 $1 million. However, when both 1969
appraisals exceed $5 $1 million and differ significantly, a 1970
third appraisal may be obtained. 1971
2. Appraisal fees and associated costs shall be paid by 1972
the department. All appraisals used for the acquisition of less 1973
than fee simple interest in lands pursuant to this section shal l 1974
be prepared by a state -certified appraiser who meets the 1975
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standards and criteria established by rule of the board of 1976
trustees. Each appraiser selected to appraise a particular 1977
parcel shall, before contracting with the department or a 1978
participant in a mult iparty agreement, submit to the department 1979
or participant an affidavit substantiating that he or she has no 1980
vested or fiduciary interest in such parcel. 1981
(5) Appraisal reports are confidential and exempt from s. 1982
119.07(1), for use by the department and th e board of trustees, 1983
until an option contract is executed or, if an option contract 1984
is not executed, until 2 weeks before a contract or agreement 1985
for purchase is considered for approval by the board of 1986
trustees. However, the department shall has the authority, at 1987
its discretion, to disclose appraisal reports to private 1988
landowners or their representatives during negotiations for 1989
acquisitions using alternatives to fee simple techniques, if the 1990
department determines that disclosure of such reports will bring 1991
the proposed acquisition to closure . The department may also 1992
disclose appraisal information to public agencies or nonprofit 1993
organizations that agree to maintain the confidentiality of the 1994
reports or information when joint acquisition of property is 1995
contemplated, or when a public agency or nonprofit organization 1996
enters into a written multiparty agreement with the department. 1997
For purposes of this subsection, the term "nonprofit 1998
organization" means an organization whose purposes include the 1999
preservation of natu ral resources, and which is exempt from 2000
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federal income tax under s. 501(c)(3) of the Internal Revenue 2001
Code. The department may release an appraisal report when the 2002
passage of time has rendered the conclusions of value in the 2003
report invalid or when the depa rtment has terminated 2004
negotiations. 2005
Section 19. Paragraph (h) of subsection (4) of section 2006
201.15, Florida Statutes, is amended to read: 2007
201.15 Distribution of taxes collected. —All taxes 2008
collected under this chapter are hereby pledged and shall be 2009
first made available to make payments when due on bonds issued 2010
pursuant to s. 215.618 or s. 215.619, or any other bonds 2011
authorized to be issued on a parity basis with such bonds. Such 2012
pledge and availability for the payment of these bonds shall 2013
have priority over any requirement for the payment of service 2014
charges or costs of collection and enforcement under this 2015
section. All taxes collected under this chapter, except taxes 2016
distributed to the Land Acquisition Trust Fund pursuant to 2017
subsections (1) and (2), are subject to the service charge 2018
imposed in s. 215.20(1). Before distribution pursuant to this 2019
section, the Department of Revenue shall deduct amounts 2020
necessary to pay the costs of the collection and enforcement of 2021
the tax levied by this chapter. The costs a nd service charge may 2022
not be levied against any portion of taxes pledged to debt 2023
service on bonds to the extent that the costs and service charge 2024
are required to pay any amounts relating to the bonds. All of 2025
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the costs of the collection and enforcement of t he tax levied by 2026
this chapter and the service charge shall be available and 2027
transferred to the extent necessary to pay debt service and any 2028
other amounts payable with respect to bonds authorized before 2029
January 1, 2017, secured by revenues distributed pursu ant to 2030
this section. All taxes remaining after deduction of costs shall 2031
be distributed as follows: 2032
(4) After the required distributions to the Land 2033
Acquisition Trust Fund pursuant to subsections (1) and (2) and 2034
deduction of the service charge imposed pursuant to s. 2035
215.20(1), the remainder shall be distributed as follows: 2036
(h) An amount equaling 5.4175 percent of the remainder 2037
shall be paid into the Water Protection and Sustainability 2038
Program Trust Fund to be used to fund water quality improvement 2039
wastewater grants as specified in s. 403.0673. 2040
Section 20. Paragraph (l) of subsection (3), paragraph (a) 2041
of subsection (5), and paragraph (i) of subsection (15) of 2042
section 259.105, Florida Statutes, are amended to read: 2043
259.105 The Florida Forever A ct.— 2044
(3) Less the costs of issuing and the costs of funding 2045
reserve accounts and other costs associated with bonds, the 2046
proceeds of cash payments or bonds issued pursuant to this 2047
section shall be deposited into the Florida Forever Trust Fund 2048
created by s. 259.1051. The proceeds shall be distributed by the 2049
Department of Environmental Protection in the following manner: 2050
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(l) For the purposes of paragraphs (e), (f), (g), and (h), 2051
the agencies that receive the funds shall develop their 2052
individual acquisition or restoration lists in accordance with 2053
specific criteria and numeric performance measures developed 2054
pursuant to s. 259.035(4). Proposed additions may be acquired if 2055
they are identified within the original project boundary, the 2056
management plan required pu rsuant to s. 253.034(5), or the 2057
management prospectus required pursuant to s. 259.032(7)(b) s. 2058
259.032(7)(c). Proposed additions not meeting the requirements 2059
of this paragraph shall be submitted to the council for 2060
approval. The council may only approve the proposed addition if 2061
it meets two or more of the following criteria: serves as a link 2062
or corridor to other publicly owned property; enhances the 2063
protection or management of the property; would add a desirable 2064
resource to the property; would create a more manageable 2065
boundary configuration; has a high resource value that otherwise 2066
would be unprotected; or can be acquired at less than fair 2067
market value. 2068
(5)(a) All lands acquired pursuant to this section shall 2069
be managed for multiple -use purposes, where comp atible with the 2070
resource values of and management objectives for such lands. As 2071
used in this section, "multiple -use" includes, but is not 2072
limited to, outdoor recreational activities as described in ss. 2073
253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7) (b), water 2074
resource development projects, sustainable forestry management, 2075
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carbon sequestration, carbon mitigation, or carbon offsets. 2076
(15) The council shall submit to the board, with its list 2077
of projects, a report that includes, but need not be limited to, 2078
the following information for each project listed: 2079
(i) A management policy statement for the project and a 2080
management prospectus pursuant to s. 259.032(7)(b) s. 2081
259.032(7)(c). 2082
Section 21. Subsection (17) of section 373.019, Florida 2083
Statutes, is amended to read: 2084
373.019 Definitions. —When appearing in this chapter or in 2085
any rule, regulation, or order adopted pursuant thereto, the 2086
term: 2087
(17) "Reclaimed water" means water that has received at 2088
least secondary treatment and basic disinfection and is reused 2089
after flowing out of a domestic wastewater treatment facility. 2090
Reclaimed water is not subject to regulation pursuant to s. 2091
373.175 or part II of this chapter until it has been discharged 2092
into waters as defined in s. 403.031 s. 403.031(13). 2093
Section 22. Section 373.4132, Florida Statutes, is amended 2094
to read: 2095
373.4132 Dry storage facility permitting. —The governing 2096
board or the department shall require a permit under this part, 2097
including s. 373.4145, for the construction, alteration, 2098
operation, maintenance, abandonment, or removal of a dry storage 2099
facility for 10 or more vessels that is functionally associated 2100
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with a boat launching area. As part of an applicant's 2101
demonstration that such a facility will not be harmful to the 2102
water resources and will not be inconsistent with the overall 2103
objectives of the district, the governing board or department 2104
shall require the applicant to provide reasonable assurance that 2105
the secondary impacts from the facility will not cause adverse 2106
impacts to the functions of wetlands and surface waters, 2107
including violations of state water quality standards applicable 2108
to waters as defined in s. 403.031 s. 403.031(13), and will meet 2109
the public interest test of s. 373.414(1)(a), including the 2110
potential adverse impacts to manatees . Nothing in this section 2111
shall affect the authority of the governing board or the 2112
department to regulate such secondary impacts under this part 2113
for other regulated activities. 2114
Section 23. Subsection (1) of section 373.414, Florida 2115
Statutes, is amended to read: 2116
373.414 Additional criteria for activities in surface 2117
waters and wetlands. — 2118
(1) As part of an applicant's demonstration that an 2119
activity regulated under this part will not be harmful to the 2120
water resources or will not be inconsistent with the overall 2121
objectives of the district, the governing board or the 2122
department shall require the applicant to provide reasonable 2123
assurance that state water quality standards applicable to 2124
waters as defined in s. 403.031 s. 403.031(13) will not be 2125
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violated and reasonable assurance that such activity in, on, or 2126
over surface waters or wetlands, as delineated in s. 373.421(1), 2127
is not contrary to the public interest. However, if such an 2128
activity significantly degrades or is within an Outstanding 2129
Florida Water, as pr ovided by department rule, the applicant 2130
must provide reasonable assurance that the proposed activity 2131
will be clearly in the public interest. 2132
(a) In determining whether an activity, which is in, on, 2133
or over surface waters or wetlands, as delineated in s. 2134
373.421(1), and is regulated under this part, is not contrary to 2135
the public interest or is clearly in the public interest, the 2136
governing board or the department shall consider and balance the 2137
following criteria: 2138
1. Whether the activity will adversely af fect the public 2139
health, safety, or welfare or the property of others; 2140
2. Whether the activity will adversely affect the 2141
conservation of fish and wildlife, including endangered or 2142
threatened species, or their habitats; 2143
3. Whether the activity will adver sely affect navigation 2144
or the flow of water or cause harmful erosion or shoaling; 2145
4. Whether the activity will adversely affect the fishing 2146
or recreational values or marine productivity in the vicinity of 2147
the activity; 2148
5. Whether the activity will be o f a temporary or 2149
permanent nature; 2150
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6. Whether the activity will adversely affect or will 2151
enhance significant historical and archaeological resources 2152
under the provisions of s. 267.061; and 2153
7. The current condition and relative value of functions 2154
being performed by areas affected by the proposed activity. 2155
(b) If the applicant is unable to otherwise meet the 2156
criteria set forth in this subsection, the governing board or 2157
the department, in deciding to grant or deny a permit, must 2158
shall consider measures proposed by or acceptable to the 2159
applicant to mitigate adverse effects that may be caused by the 2160
regulated activity. Such measures may include, but are not 2161
limited to, onsite mitigation, offsite mitigation, offsite 2162
regional mitigation, a nd the purchase of mitigation credits from 2163
mitigation banks permitted under s. 373.4136. It is shall be the 2164
responsibility of the applicant to choose the form of 2165
mitigation. The mitigation must offset the adverse effects 2166
caused by the regulated activity. 2167
1. The department or water management districts may accept 2168
the donation of money as mitigation only where the donation is 2169
specified for use in a duly noticed environmental creation, 2170
preservation, enhancement, or restoration project, endorsed by 2171
the department or the governing board of the water management 2172
district, which offsets the impacts of the activity permitted 2173
under this part. However, the provisions of this subsection does 2174
shall not apply to projects undertaken pursuant to s. 373.4137 2175
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or chapter 378. Where a permit is required under this part to 2176
implement any project endorsed by the department or a water 2177
management district, all necessary permits must have been issued 2178
prior to the acceptance of any cash donation. After the 2179
effective date of this act, when money is donated to either the 2180
department or a water management district to offset impacts 2181
authorized by a permit under this part, the department or the 2182
water management district shall accept only a donation that 2183
represents the full cost to the depar tment or water management 2184
district of undertaking the project that is intended to mitigate 2185
the adverse impacts. The full cost shall include all direct and 2186
indirect costs, as applicable, such as those for land 2187
acquisition, land restoration or enhancement, p erpetual land 2188
management, and general overhead consisting of costs such as 2189
staff time, building, and vehicles. The department or the water 2190
management district may use a multiplier or percentage to add to 2191
other direct or indirect costs to estimate general o verhead. 2192
Mitigation credit for such a donation may shall be given only to 2193
the extent that the donation covers the full cost to the agency 2194
of undertaking the project that is intended to mitigate the 2195
adverse impacts. However, nothing herein may shall be construed 2196
to prevent the department or a water management district from 2197
accepting a donation representing a portion of a larger project, 2198
provided that the donation covers the full cost of that portion 2199
and mitigation credit is given only for that portion. The 2200
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department or water management district may deviate from the 2201
full cost requirements of this subparagraph to resolve a 2202
proceeding brought pursuant to chapter 70 or a claim for inverse 2203
condemnation. Nothing in this section may shall be construed to 2204
require the owner of a private mitigation bank, permitted under 2205
s. 373.4136, to include the full cost of a mitigation credit in 2206
the price of the credit to a purchaser of said credit. 2207
2. The department and each water management district shall 2208
report by March 1 of e ach year, as part of the consolidated 2209
annual report required by s. 373.036(7), all cash donations 2210
accepted under subparagraph 1. during the preceding water 2211
management district fiscal year for wetland mitigation purposes. 2212
The report must shall exclude those contributions pursuant to s. 2213
373.4137. The report must shall include a description of the 2214
endorsed mitigation projects and, except for projects governed 2215
by s. 373.4135(6), must shall address, as applicable, success 2216
criteria, project implementation status and timeframe, 2217
monitoring, long-term management, provisions for preservation, 2218
and full cost accounting. 2219
3. If the applicant is unable to meet water quality 2220
standards because existing ambient water quality does not meet 2221
standards, the governing board or the department must shall 2222
consider mitigation measures proposed by or acceptable to the 2223
applicant that cause net improvement of the water quality in the 2224
receiving body of water for those parameters which do not meet 2225
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standards. 2226
4. If mitigation requirements imposed by a local 2227
government for surface water and wetland impacts of an activity 2228
regulated under this part cannot be reconciled with mitigation 2229
requirements approved under a permit for the same activity 2230
issued under this part, including application of the uniform 2231
wetland mitigation assessment method adopted pursuant to 2232
subsection (18), the mitigation requ irements for surface water 2233
and wetland impacts are shall be controlled by the permit issued 2234
under this part. 2235
(c) Where activities for a single project regulated under 2236
this part occur in more than one local government jurisdiction, 2237
and where permit condit ions or regulatory requirements are 2238
imposed by a local government for these activities which cannot 2239
be reconciled with those imposed by a permit under this part for 2240
the same activities, the permit conditions or regulatory 2241
requirements are shall be controlled by the permit issued under 2242
this part. 2243
Section 24. Section 373.4142, Florida Statutes, is amended 2244
to read: 2245
373.4142 Water quality within stormwater treatment 2246
systems.—State surface water quality standards applicable to 2247
waters of the state, as defin ed in s. 403.031 s. 403.031(13), do 2248
shall not apply within a stormwater management system which is 2249
designed, constructed, operated, and maintained for stormwater 2250
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treatment in accordance with a valid permit or noticed exemption 2251
issued pursuant to chapter 62 -25, Florida Administrative Code; a 2252
valid permit or exemption under s. 373.4145 within the Northwest 2253
Florida Water Management District; a valid permit issued on or 2254
subsequent to April 1, 1986, within the Suwannee River Water 2255
Management District or the St. Johns River Water Management 2256
District pursuant to this part; a valid permit issued on or 2257
subsequent to March 1, 1988, within the Southwest Florida Water 2258
Management District pursuant to this part; or a valid permit 2259
issued on or subsequent to January 6, 1982 , within the South 2260
Florida Water Management District pursuant to this part. Such 2261
inapplicability of state water quality standards shall be 2262
limited to that part of the stormwater management system located 2263
upstream of a manmade water control structure permit ted, or 2264
approved under a noticed exemption, to retain or detain 2265
stormwater runoff in order to provide treatment of the 2266
stormwater. The additional use of such a stormwater management 2267
system for flood attenuation or irrigation does shall not divest 2268
the system of the benefits of this exemption. This section does 2269
shall not affect the authority of the department and water 2270
management districts to require reasonable assurance that the 2271
water quality within such stormwater management systems will not 2272
adversely impact public health, fish and wildlife, or adjacent 2273
waters. 2274
Section 25. Paragraph (a) of subsection (1) of section 2275
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373.430, Florida Statutes, is amended to read: 2276
373.430 Prohibitions, violation, penalty, intent. — 2277
(1) It shall be a violation of this part, and it shall be 2278
prohibited for any person: 2279
(a) To cause pollution, as defined in s. 403.031 s. 2280
403.031(7), except as otherwise provided in this part, so as to 2281
harm or injure human health or welfare, animal, plant, or 2282
aquatic life or property. 2283
Section 26. Paragraph (n) of subsection (2) of section 2284
373.4592, Florida Statutes, is amended to read: 2285
373.4592 Everglades improvement and management. — 2286
(2) DEFINITIONS.—As used in this section: 2287
(n) "Stormwater management program" shall have the meanin g 2288
set forth in s. 403.031 s. 403.031(15). 2289
Section 27. Paragraph (c) of subsection (1) of section 2290
403.890, Florida Statutes, is amended to read: 2291
403.890 Water Protection and Sustainability Program. — 2292
(1) Revenues deposited into or appropriated to the Water 2293
Protection and Sustainability Program Trust Fund shall be 2294
distributed by the Department of Environmental Protection for 2295
the following purposes: 2296
(c) The water quality improvement wastewater grant program 2297
as provided in s. 403.0673. 2298
Section 28. Paragraph (b) of subsection (1) of section 2299
403.892, Florida Statutes, is amended to read: 2300
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403.892 Incentives for the use of graywater technologies. — 2301
(1) As used in this section, the term: 2302
(b) "Graywater" has the same meaning as in s. 381.0065(2) 2303
s. 381.0065(2)(f). 2304
Section 29. Paragraphs (c) and (d) of subsection (2) of 2305
section 403.9301, Florida Statutes, are amended to read: 2306
403.9301 Wastewater services projections. — 2307
(2) As used in this section, the term: 2308
(c) "Treatment works" has the same m eaning as provided in 2309
s. 403.031 s. 403.031(11). 2310
(d) "Wastewater services" means service to a sewerage 2311
system, as defined in s. 403.031 s. 403.031(9), or service to 2312
domestic wastewater treatment works. 2313
Section 30. Paragraphs (b) and (c) of subsection (2) of 2314
section 403.9302, Florida Statutes, are amended to read: 2315
403.9302 Stormwater management projections. — 2316
(2) As used in this section, the term: 2317
(b) "Stormwater management program" has the same meaning 2318
as provided in s. 403.031 s. 403.031(15). 2319
(c) "Stormwater management system" has the same meaning as 2320
provided in s. 403.031 s. 403.031(16). 2321
Section 31. For the purpose of incorporating the amendment 2322
made by this act to section 259.032, Florida Statutes, in a 2323
reference thereto, subsection (6) of section 259.045, Florida 2324
Statutes, is reenacted to read: 2325
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259.045 Purchase of lands in areas of critical state 2326
concern; recommendations by department and land authorities. —2327
Within 45 days after the Administration Commission designates an 2328
area as an area of critical state concern under s. 380.05, and 2329
annually thereafter, the Department of Environmental Protection 2330
shall consider the recommendations of the state land planning 2331
agency pursuant to s. 380.05(1)(a) relating to purchase of lands 2332
within an area of critical state concern or lands outside an 2333
area of critical state concern that directly impact an area of 2334
critical state concern, which may include lands used to preserve 2335
and protect water supply, and shall make recommendations to the 2336
board with respect t o the purchase of the fee or any lesser 2337
interest in any such lands that are: 2338
(6) Lands used to prevent or satisfy private property 2339
rights claims resulting from limitations imposed by the 2340
designation of an area of critical state concern if the 2341
acquisition of such lands fulfills a public purpose listed in s. 2342
259.032(2) or if the parcel is wholly or partially, at the time 2343
of acquisition, on one of the board's approved acquisition lists 2344
established pursuant to this chapter. For the purposes of this 2345
subsection, if a parcel is estimated to be worth $500,000 or 2346
less and the director of the Division of State Lands finds that 2347
the cost of an outside appraisal is not justified, a comparable 2348
sales analysis, an appraisal prepared by the Division of State 2349
Lands, or other reasonably prudent procedures may be used by the 2350
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Division of State Lands to estimate the value of the parcel, 2351
provided the public's interest is reasonably protected. 2352
2353
The department, a local government, a special district, or a 2354
land authority within an a rea of critical state concern may make 2355
recommendations with respect to additional purchases which were 2356
not included in the state land planning agency recommendations. 2357
2358
Section 32. The Legislature determines and declares that 2359
this act fulfills an import ant state interest. 2360
Section 33. This act shall take effect July 1, 2023. 2361