Florida House Bill H1379 Analysis / Analysis

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1379d.ISC 
DATE: 4/20/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/CS/HB 1379    Environmental Protection 
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee, 
Steele, Overdorf and others 
TIED BILLS:   IDEN./SIM. BILLS: CS/SB 1632 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Water Quality, Supply & Treatment 
Subcommittee 
14 Y, 0 N, As CS Curtin Curtin 
2) Agriculture & Natural Resources Appropriations 
Subcommittee 
14 Y, 0 N Byrd Pigott 
3) Infrastructure Strategies Committee 18 Y, 0 N, As CS Curtin Harrington 
SUMMARY ANALYSIS 
Each state must establish water quality standards for waters within their borders, and the Department of 
Environmental Protection (DEP) is responsible for establishing water quality standards in Florida. DEP and the 
Department of Agriculture and Consumer Services manage two of the state’s land conservation and 
preservation programs, the Florida Forever Program and the Rural and Family Lands Protection Program, 
respectively. 
 
The bill: 
 Requires any county or municipality with a basin management action plan (BMAP) within its jurisdiction 
to include within the capital improvement element of its comprehensive plan a list of projects 
necessary to achieve the pollutant load reductions attributable to the local government as established 
in the BMAP. 
 Prohibits the installation of new onsite sewage treatment and disposal systems (OSTDSs) within a 
BMAP area adopted under s. 403.067, F.S., a reasonable assurance plan, or a pollution reduction plan 
where connection to a publicly owned or investor-owned sewerage system is available. In addition, on 
lots of 1 acre or less within such areas where a publicly owned or investor-owned sewerage system is 
not available, the bill requires the installation of enhanced nutrient-reducing OSTDSs or other 
wastewater treatment systems that achieve at least 65 percent nutrient reduction. 
 Authorizes DEP to provide grants for projects that reduce the amount of nutrients entering waters that: 
are not attaining nutrient or nutrient-related standards; have an established total maximum daily load 
(TMDL); or are located within a BMAP area, a reasonable assurance plan area adopted by final order, 
an accepted alternative restoration plan area, or a rural area of opportunity. 
 Requires DEP, relevant local governments, and relevant local public and private wastewater utilities, 
as part of a BMAP that includes an Outstanding Florida Spring, to develop an OSTDS remediation 
plan for a spring if DEP determines OSTDSs within a BMAP contribute at least 20 percent of nonpoint 
source nitrogen pollution or if DEP determines remediation is necessary to achieve the TMDL. 
 Establishes the Indian River Lagoon Protection Program within DEP. 
 Dedicates $100 million annually to DEP from the Land Acquisition Trust Fund for the acquisition of 
lands through the Florida Forever Program.  
 Increases the contract price for a land acquisition agreement that requires approval by the Board of 
Trustees of the Internal Improvement Trust Fund and increases the threshold for when two appraisals 
are required.  
 Requires appraisal reports to be disclosed to private land owners during negotiations for acquisition. 
 
The bill may have an indeterminate fiscal impact on state and local governments and on the private sector.  
See Fiscal Analysis and Economic Impact Statement, below.   STORAGE NAME: h1379d.ISC 	PAGE: 2 
DATE: 4/20/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy 
growth of plant and animal life.
1
  The correct balance of both nutrients is necessary for a healthy 
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality 
problems.
2
  Phosphorus and nitrogen are derived from natural and human-made sources.
3
  Human-
made sources include sewage disposal systems (wastewater treatment facilities and septic systems), 
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation 
practices, and stormwater runoff.
4
 
 
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the alteration 
of the natural community of plants and animals.
5
  Dense, harmful algal blooms can also cause human 
health problems, fish kills, problems for water treatment plants, and impairment of the aesthetics and 
taste of water. Growth of nuisance aquatic weeds tends to increase in nutrient-enriched waters, which 
may also impact recreational activities.
6
 
 
In order to plan and prioritize projects to protect and restore water quality, the Department of 
Environmental Protection (DEP) has sorted Florida’s water resources into 29 major watersheds and 
organized those watersheds into 5 basin groups.
7
  A watershed is an area of land that contributes to 
the flow of water into a body of water
8
; it “sheds” water into the receiving body of water.  Flowing water 
carries organic debris and dissolved organic matter that provide food and shelter for aquatic life, but it 
also carries pollutants such as fertilizers and pesticides over the land and into the receiving body of 
water.
9
 
 
Water Quality  
The federal Clean Water Act (CWA) establishes the framework to protect and restore the Nation’s 
waters.
10
  Each state must establish water quality standards for waters within their borders and then 
develop a list of impaired waters that do not meet the established water quality standards and a list of 
threatened waters that may not meet water quality standards in the following reporting cycle.
11
  
 
The CWA requires states to adopt water quality standards for navigable waters.
12
  The CWA also 
requires states to develop lists of waterbodies that do not meet water quality standards, which are 
                                                
1
 U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 27, 2023). 
2
 Id. 
3
 Id. 
4
 U.S. EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-solutions (last visited Mar. 27, 2023). 
5
 EPA, supra note 1. 
6
 Id.; see also National Institute of Environmental Health Sciences, Algal Blooms, 
https://www.niehs.nih.gov/health/topics/agents/algal-blooms/index.cfm (last visited Mar. 27, 2023). 
7
 Department of Environmental Protection (DEP), Assessment Lists, https://floridadep.gov/dear/watershed-assessment-
section/content/assessment-lists (last visited Mar. 27, 2023). 
8
 S. 403.031(18), F.S. 
9
 S. Shukla, What is a Watershed?, University of Florida IFAS Extension Ask IFAS (Dec. 2019), 
https://edis.ifas.ufl.edu/publication/AE265 (last visited Mar. 17, 2023). 
10
 EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA (last updated Aug. 31, 2022), 
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited Mar. 27, 2023); 
11
 Id.; 40 C.F.R. § 130.7 (Following the development of the list of impaired waters, states must develop a total maximum daily load 
for every pollutant/waterbody combination on the list. A total maximum daily load is a scientific determination of the maximum 
amount of a given pollutant that can be absorbed by a waterbody and still meet water quality standards); Department of Environmental 
Protection (DEP), Total Maximum Daily Loads Program (last updated Dec. 6, 2022), https://floridadep.gov/dear/water-quality-
evaluation-tmdl/content/total-maximum-daily-loads-tmdl-program (last visited Mar. 27, 2023).   
12
 33 U.S.C. s. 1313.  STORAGE NAME: h1379d.ISC 	PAGE: 3 
DATE: 4/20/2023 
  
called impaired waters.
13
  If DEP determines that any waters are impaired, the waterbody or segment 
must be placed on the verified list of impaired waters (Verified List) and a total maximum daily load 
(TMDL) must be calculated.
14
  DEP is the lead agency coordinating the development and 
implementation of TMDLs.
15
   
 
A TMDL must be adopted by rule and it is a scientific determination of the maximum amount of a given 
pollutant that can be absorbed by a waterbody and still meet water quality standards.
16
  A waterbody or 
waterbody segment may be removed from the list at any time during the TMDL process if it attains 
water quality standards.
17
  If DEP determines that a waterbody is impaired, but further study is needed 
to determine the causative pollutants or other factors contributing to impairment before the waterbody is 
placed on the Verified List, the waterbody or segment will be placed on the statewide comprehensive 
study list.
18
 
 
The Florida Watershed Restoration Act guides the development and implementation of TMDLs.
19
 
TMDLs must include reasonable and equitable pollutant load allocations between or among point 
sources (e.g., pipes and culverts discharging from a permitted facility, such as a domestic wastewater 
treatment facility) and nonpoint sources (e.g., agriculture, septic tanks, golf courses) that will alone, or 
in conjunction with other management and restoration activities, reduce pollutants and achieve water 
quality standards.
20
  As of December 2022, 459 TMDLs had been established for impaired waters in 
Florida, and 8 of those were adopted in calendar year 2022.
21
 
 
Basin Management Action Plans 
Once a TMDL is adopted,
22
 DEP may develop and implement a basin management action plan 
(BMAP), which is a restoration plan for the watersheds and basins connected to the impaired 
waterbody
23
 that is included on DEP’s Verified List.  BMAPs are one of the primary mechanisms DEP 
utilizes to achieve TMDLs, and a BMAP addresses the pollutant causing the impairment.
24
   
 
BMAPs are plans that address the entire pollution load, including point
25
 and nonpoint discharges, for a 
watershed. BMAPs generally include: 
 Permitting and other existing regulatory programs, including water quality-based effluent 
limitations; 
                                                
13
 R. 62-300.200(7), F.A.C. (“Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water 
quality standards as set forth in Chapters 62-302 and 62-4, F.A.C. . . . due in whole or in part to discharges of pollutants from point or 
nonpoint sources). 
14
S. 403.067(1), F.S.; DEP, supra note 7; DEP, Verified List Waterbody Ids (WBIDs), 
https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-wbids/about (last visited Mar. 18, 2023); and s. 403.067(4), 
F.S. 
15
 S. 403.061, F.S. DEP has the power and the duty to control and prohibit pollution of air and water in accordance with the law and 
rules adopted and promulgated by it. S. 403.061(22), F.S., allows DEP to advise, consult, cooperate, and enter into agreements with 
other state agencies, the federal government, other states, interstate agencies, etc. 
16
 DEP, Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-evaluation-tmdl/content/total-maximum-
daily-loads-tmdl-program (last visited Mar. 27, 2023). 
17
 S. 403.067(5), F.S. 
18
 S. 403.067(2), F.S.; R. 62-303.150(1), F.A.C. 
19
 S. 403.067, F.S.; Ch. 99-223, Laws of Fla. 
20
 S. 403.067(6)(b), F.S. 
21
 EDR, Annual Assessment of Florida’s Water Resources: Quality, 5 (2023), http://edr.state.fl.us/Content/natural-
resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 26, 2023).   
22
 S. 403.067(6)(c), F.S. 
23
 S. 403.067(7)(a)1., F.S. 
24
 DEP, Division of Environmental Assessment and Restoration, Guidance on Developing Restoration Plans as Alternatives to 
TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015) https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf 
(last visited Mar. 27, 2023). 
25
 The term “point source” means “any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, 
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, 
vessel or other floating craft from which pollutants are or may be discharged.” Nonpoint sources of pollution are sources of pollution 
that are not point sources. Rule 62-620.200(37), F.A.C.  STORAGE NAME: h1379d.ISC 	PAGE: 4 
DATE: 4/20/2023 
  
 Best management practices (BMPs, explained below) and non-regulatory and incentive-based 
programs, including cost-sharing, waste minimization, pollution prevention, agreements, and 
public education; 
 Public works projects, including capital facilities; and 
 Land acquisition.
26
 
 
Producers of nonpoint source pollution included in a BMAP must comply with the established pollutant 
reductions by either implementing the appropriate BMPs or by conducting water quality monitoring.
27
   
A nonpoint source discharger may be subject to enforcement action by DEP or a water management 
district based on a failure to implement these requirements.
28
 
 
A BMAP must integrate appropriate management strategies available to the state through existing 
water quality protection programs to achieve the TMDL.
29
  First, the BMAP equitably allocates pollutant 
reductions to individual basins, to all basins as a whole, “or to each identified point source or category 
of nonpoint sources.”
30
  Then, the BMAP establishes the schedule for implementing projects and 
activities to meet the pollution reduction allocations. The BMAP development process provides an 
opportunity for local stakeholders, local government, community leaders, and the public to collectively 
determine and share water quality cleanup responsibilities.
31
  BMAPs are adopted by secretarial 
order,
32
 and thirty-three BMAPs have been developed statewide.
33
 
 
“Each new or revised [BMAP] must include: 
 The appropriate management strategies available through existing water quality protection 
programs to achieve [TMDLs]; 
 A description of [BMPs] adopted by rule; 
 A list of projects in priority ranking with a planning-level cost estimate and estimated date of 
completion for each listed project; 
 The source and amount of financial assistance to be made available by DEP, a water 
management district, or other entity for each listed project, if applicable; and 
 A planning-level estimate of each listed project’s expected load reduction, if applicable.”
34
 
 
“BMAPs must include milestones for implementation and water quality improvement,” as well as a 
water quality monitoring component to evaluate whether reasonable progress is being achieved over 
time.
35
  An assessment of progress must be conducted every five years, and revisions to the BMAP 
must be made as appropriate.
36
  
 
A BMAP for a nutrient TMDL must also include a wastewater treatment plan that addresses domestic 
wastewater if DEP identifies domestic wastewater treatment facilities as contributors of at least 20 
percent of point source or nonpoint source nutrient pollution or if DEP determines remediation is 
necessary to achieve the TMDL.
37
  This plan must provide for the construction, expansion, or upgrades 
necessary to achieve applicable TMDLs and include information regarding the permitted capacity of the 
domestic wastewater treatment facility; the average nutrient concentration and the estimated average 
                                                
26
 S. 403.067(7), F.S. 
27
 S. 403.067(7)(b)2.g., F.S. Examples of BMPs for agriculture include activities such as managing irrigation water to minimize losses 
and limiting the use of fertilizers.   
28
 S. 403.067(7)(b)2.h., F.S.   
29
 Id. 
30
 S. 403.067(7)(a)2., F.S. 
31
 DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-management-
action-plans-bmaps (last visited Mar. 27, 2023). 
32
 S. 403.067(7)(a)5., F.S. 
33
 Office of Economic & Demographic Research (EDR), Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2023), 
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 27, 2023). 
34
 S. 403.067(7)(a)4., F.S. 
35
 S. 403.067(7)(a)6., F.S. 
36
 Id. 
37
 S. 403.067(7)(a)9., F.S.    STORAGE NAME: h1379d.ISC 	PAGE: 5 
DATE: 4/20/2023 
  
nutrient load of the domestic wastewater; a projected timeline for the construction of any facility 
improvements; the estimated cost of the improvements; and the identity of responsible parties.
38
  
 
BMAPs must also include an OSTDS remediation plan if DEP identifies OSTDSs as a contributor of at 
least 20 percent of point source or nonpoint source nutrient pollution or if DEP determines remediation 
is necessary to achieve a TMDL.
39
  This remediation plan must identify cost-effective and financially 
feasible projects necessary to achieve the nutrient load reductions required for OSTDSs.
40
 The plan 
must also include an inventory of OSTDSs (including those systems that would be eliminated through 
connection to central domestic wastewater infrastructure or that would be upgraded to an enhanced 
nutrient-reducing system); the estimated cost of potential OSTDS connections, upgrades, or 
replacements; and deadlines and milestones for the planning, design, and construction of projects.
41
 
 
In addition, a BMAP must include a cooperative agricultural regional water quality improvement 
element, but only if: 
 Agricultural measures have been adopted by the Department of Agriculture and Consumer 
Services (DACS) and have been implemented and the waterbody remains impaired; 
 Agricultural nonpoint sources contribute to at least 20 percent of nonpoint source nutrient 
discharges; and 
 DEP determines that additional measures are necessary to achieve the TMDL.
42
 
 
The cooperative agricultural regional water quality improvement element must be implemented through 
the use of cost-sharing projects and include cost-effective and technically and financially practical 
cooperative regional agricultural nutrient reduction projects that can be implemented on private 
properties on a site-specific, cooperative basis.
43
 
 
Best Management Practices 
BMPs are defined by law,
44
 and they are a balance between improvements to water quality and 
agricultural productivity.
45
  They are based on research, field-testing, and expert review, and they are a 
practice or practices determined by the coordinating agencies to be the most effective and practicable 
means by which to improve water quality in agricultural and urban discharges.
46
  Economic and 
technological matters are also taken into consideration in developing BMPs.
47
 
 
DACS adopts BMPs by rule and “[c]ategories of practices include: 
 Nutrient management to determine nutrient needs and sources and manage nutrient 
applications (including manure) to minimize impacts to water resources.  
 Irrigation management to address the method and scheduling of irrigation to reduce water and 
nutrient losses to the environment.  
 Water resource protection using buffers, setbacks and swales to reduce or prevent the transport 
of sediments and nutrients from production areas to waterbodies.”
48
 
 
Alternative Restoration Plans 
                                                
38
 S. 403.067(7)(a)9.a., F.S.   
39
 S. 403.067(7)(a)9.b., F.S.   
40
 Id. 
41
 Id. 
42
 S. 403.067(7)(e), F.S.   
43
 Id. Eligible projects include land acquisition in fee or conservation easements on the lands of willing sellers and site-specific water 
quality improvement or dispersed water management projects on the lands of project participants.   
44
 S. 373.4595(2)(a), F.S. 
45
 Id.; see also Department of Agriculture & Consumer Services (DACS), Agricultural Best Management Practices, 
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-Management-Practices (last visited Mar. 27, 2023). 
46
 Id. 
47
 Id. 
48
 DACS, Agricultural Best Management Practices, supra note 45; see also University of Florida IFAS, Plant Nutrient Research and 
Education, What are Agricultural Best Management Practices? (last updated Feb. 13, 2023), https://bmp.ifas.ufl.edu/about-bmps/ (last 
visited Mar. 27, 2023).   STORAGE NAME: h1379d.ISC 	PAGE: 6 
DATE: 4/20/2023 
  
Impaired waterbodies with plans that provide reasonable assurance that they will attain water quality 
standards may avoid placement on DEP’s Verified List.
49
  Alternative Restoration Plans employ the 
early implementation of restoration activities to avoid being placed on the Verified List and the 
development of TMDLs and BMAPs.
50
  There are two categories of Alternative Restoration Plans, 4b 
and 4e plans.
51
   
 
Category 4b plans include waterbodies that are impaired, but do not require development of a TMDL 
because existing or proposed measures will allow the waterbody to attain water quality standards.
52
   
Impaired waterbodies with plans that provide reasonable assurance that they will attain water quality 
standards may avoid placement on DEP’s Verified List.
53
  A reasonable assurance plan (RAP) is a 
control measure that DEP may implement for category 4b impaired waterbodies.
54
   
 
If DEP determines a waterbody is impaired or is likely to become impaired within five years, it must 
evaluate whether “existing or proposed technology-based effluent limitations and other pollution control 
programs . . . are sufficient to result in the attainment of water quality standards . . . . [and] [i]f the 
waterbody is expected to attain water quality standards in the future and to make reasonable progress 
towards attainment of those standards in a certain timeframe, the waterbody will not be placed on the 
Verified List.”
55
   DEP’s decision must be based on a plan that provides reasonable assurance that 
water quality standards will be attained.
56
  RAPs are adopted by order of the Secretary of DEP,
57
 and 
they “may obviate the need to use limited state resources to . . . implement BMAPs.”
58
  Five RAPs have 
been adopted.
59
 
 
A waterbody may “be placed in category 4e if it is impaired but recently completed restoration activities 
or ongoing restoration activities are underway to restore the designated uses of the waterbody.”
60
  
Waterbodies placed in the 4e category have their placement on the Verified List postponed for four 
years to allow for implementation of the plan and progress toward restoration to be evaluated.
61
    
 
Wastewater Treatment 
The proper treatment and disposal or reuse of domestic wastewater is an important part of protecting 
Florida’s water resources.  A person generates approximately 100 gallons of domestic wastewater
62
 
per day.
63
  This wastewater must be managed to protect public health, water quality, recreation, fish, 
wildlife, and the aesthetic appeal of the state’s waterways.
64
  The majority of Florida’s domestic 
wastewater is controlled and treated by centralized treatment facilities regulated by DEP.  There are 
approximately 2,000 permitted domestic wastewater treatment facilities in Florida and those facilities 
have a total treatment capacity of over 2.7 billion gallons per day.
65
 
                                                
49
 R. 62-303.600(2), F.A.C. 
50
 DEP, Alternative Restoration Plans, https://floridadep.gov/DEAR/Alternative-Restoration-Plans (last visited Mar. 27, 2023). 
51
 Id.  
52
 EDR, supra note 33, at 14. 
53
 R. 62-303.600(2), F.A.C. 
54
 DEP, supra note 24. 
55
 R. 62-303.600(1), F.A.C. 
56
 Id. 
57
 EDR, supra note 33, at 29. 
58
 Id. at 27.  
59
 Id. at 29. 
60
 Id. 
61
 Id. 
62
 S. 367.021(5), F.S., defines “domestic wastewater” as wastewater principally from dwellings, business buildings, institutions, and 
sanitary wastewater or sewage treatment plants.  
63
 DEP, Domestic Wastewater Program, https://floridadep.gov/water/domestic-wastewater (last visited Mar. 26, 2023). 
64
 Ss. 381.0065(1) and 403.021, F.S. 
65
 DEP, General Facts and Statistics about Wastewater in Florida (last updated April 20, 2022) https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Mar. 27, 2023).  STORAGE NAME: h1379d.ISC 	PAGE: 7 
DATE: 4/20/2023 
  
 
Facilities or activities which discharge waste into waters of the state or which will reasonably be 
expected to be a source of water pollution must obtain a permit from DEP, unless specifically exempted 
from applying for a permit.
66
  A wastewater permit is required for: 
 The collection, transmission, treatment, disposal, and/or reuse of wastewater.  
 The operation of, and certain construction activities associated with, domestic or industrial 
wastewater facilities or activities.  
 The construction of a domestic wastewater collection and transmission system.
67
 
 
Pursuant to section 402 of the federal CWA, any discharge of a pollutant from a point source to surface 
waters (i.e., the navigable waters of the United States or beyond) must obtain a National Pollution 
Discharge Elimination System (NPDES) permit.
68
  NPDES permit requirements for most wastewater 
facilities or activities (domestic or industrial) that discharge to surface waters are incorporated into a 
state-issued permit, which gives the permittee a single set of permitting requirements rather than one 
state and one federal permit.
69
  DEP issues operation permits for a period of five years for facilities 
regulated under the NPDES program and up to 10 years for other domestic wastewater treatment 
facilities meeting certain statutory requirements.
70
   
 
Sewage disposal facilities are required to provide advanced waste treatment under certain 
circumstances or when deemed necessary by DEP.
71
  Advanced waste treatment is treatment that 
provides a reclaimed water product containing no more than the following concentrations of pollutants: 
 5 mg/l of Biochemical Oxygen Demand; 
 5 mg/l of Suspended Solids; 
 3 mg/l of Total Nitrogen; and 
 1 mg/l of Total Phosphorous.
72
 
 
Advanced waste treatment also requires high-level disinfection,
73
 and failure to do so is punishable by a 
civil penalty of $750 for each day the failure continues.
74
 
 
Sewage disposal facilities must provide advanced waste treatment, approved by DEP, prior to 
disposing any “wastes into Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph 
Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor 
Bay, Biscayne Bay, and, beginning July 1, 2025, Indian River Lagoon, or into any river, stream, 
channel, canal, bay, bayou, sound, or other water tributary thereto . . . .”
75
  However, this requirement 
does not apply to “facilities permitted before February 1987 that discharge secondary treated effluent, 
followed by water hyacinth treatment, to tributaries of tributaries of these waters or to facilities permitted 
to discharge to the nontidally influenced portions of the Peace River.”
76
 
 
Onsite Sewage Treatment and Disposal Systems 
One of the methods utilized to treat domestic wastewater is an onsite sewage treatment and disposal 
system (OSTDS).  OSTDSs, commonly referred to as “septic systems,” generally consist of two basic 
                                                
66
 S. 403.087, F.S. 
67
 DEP, Wastewater Permitting, https://floridadep.gov/water/domestic-wastewater/content/wastewater-permitting (last visited Mar. 27, 
2023). 
68
 33 U.S.C. § 1342. 
69
 Ss. 403.061(32) and 403.087, F.S. 
70
 S. 403.087(3), F.S. 
71
 S. 403.086(2), F.S.   
72
 S. 403.086(4), F.S. 
73
 S. 403.086(4)(b), F.S.; R. 62-600.440(6), F.A.C.   
74
 S. 403.086(2), F.S.   
75
 S. 403.086(1)(c), F.S. 
76
 Id.  STORAGE NAME: h1379d.ISC 	PAGE: 8 
DATE: 4/20/2023 
  
parts: the septic tank and the drainfield.
77
  Waste from toilets, sinks, washing machines, and showers 
flows through a pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form. 
The liquid portion of the wastewater flows into the drainfield, which is generally a series of perforated 
pipes or panels surrounded by lightweight materials such as gravel or Styrofoam.  The drainfield 
provides a secondary treatment where aerobic bacteria continue deactivating the germs.  The drainfield 
also provides filtration of the wastewater, as gravity draws the water down through the soil layers.
78
  
 
 
 
In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage.  In Florida, 
approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a system that is 
installed 24 inches or more from groundwater.
79
  This still leaves a significant amount of nitrogen to 
percolate into the groundwater, which makes nitrogen from OSTDSs a potential contaminant in 
groundwater.
80
  
 
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30 percent of 
the state’s population.
81
  In Florida, development in some areas is dependent on OSTDSs due to the 
cost and time it takes to install central sewer systems.
82
  For example, in rural areas and low-density 
developments, central sewer systems are not cost-effective.  Less than 1 percent of OSTDSs in Florida 
are actively managed under operating permits and maintenance agreements.
83
  The remainder of 
systems are generally serviced only when they fail, often leading to costly repairs that could have been 
avoided with routine maintenance.
84
 
 
                                                
77
 Department of Health (DOH), Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Mar. 27, 2023); EPA, Types of 
Septic Systems, https://www.epa.gov/septic/types-septic-systems (last visited Mar. 27, 2023). 
78
 Id. 
79
 DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), 
https://www.floridahealth.gov/environmental-health/onsite-sewage/research/finalnitrogenlegislativereportsmall.pdf (last visited Mar. 
27, 2023); see r. 64E-6.006(2), F.A.C. 
80
 University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems: 
Nitrogen, 3 (Oct. 2020), http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf (last visited Mar. 27, 2023).  
81
 DEP, Onsite Sewage, https://floridadep.gov/water/onsite-sewage (last visited Mar. 27, 2023). 
82
 DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, § 1.0 (Oct. 1, 2008), 
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/_documents/rrac/2008-11-06.pdf (last visited Mar. 27, 
2023). The report begins on page 56 of the PDF. 
83
 Id. 
84
 Id.  STORAGE NAME: h1379d.ISC 	PAGE: 9 
DATE: 4/20/2023 
  
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a typical 
septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).
85
  DEP publishes 
on its website approved products and resources on advanced systems.
86
  Determining which advanced 
system is the best option depends on site-specific conditions. 
 
The owner of a properly functioning OSTDS must connect to a sewer system within one year of 
receiving notification that a sewer system is available for connection.
87
  Owners of an OSTDS in need 
of repair or modification must connect within 90 days of notification from DEP.
88
  BMAPs may require 
the connection of new properties to central sewer or upgrade to an enhanced-nitrogen reducing system 
as part of an OSTDS remediation plan.
89
 
 
The Florida Clean Waterways Act, enacted in 2020, required BMAPs for nutrient TMDLs to include an 
OSTDS remediation plan if DEP identifies OSTDSs as contributors of at least 20 percent of nutrient 
pollution or if DEP determines that remediation is necessary to achieve the TMDLs.
90
  This was an 
expansion of the statutory requirement that an OSTDS remediation plan must be developed if DEP 
determines that OSTDSs within a sensitive spring area contribute at least 20 percent of nonpoint 
source nitrogen pollution or that remediation is necessary to achieve the TMDL.
91
 
 
The Clean Waterways Act provided for the transfer of the Onsite Sewage Program from the 
Department of Health (DOH) to DEP, effective July 1, 2021.
92
  The Onsite Sewage Program will be 
transferred over a period of five years, and guidelines for the transfer are provided by an interagency 
agreement.
93
  Per the agreement, DEP has the primary powers and duties of the Onsite Sewage 
Program, and the county departments of health will implement the OSTDS program under the direction 
of DEP.
94
  The county departments of health still handle permitting and inspection of OSTDSs.
95
  In the 
event of an alleged violation of OSTDS laws, county departments of health will be responsible for 
conducting an inspection to gather information regarding the allegations.
96
 
 
In 2012 the Legislature required each county or municipality that contains a first magnitude spring
97
 to 
develop and adopt OSTDS evaluation and assessment programs by July 1, 2013.
98
  Any other counties 
may develop and adopt OSTDS evaluation and assessment programs.
99
  Such programs are required 
to have evaluation of OSTDSs conducted every five years by a qualified contractor.
100
  The inspection 
must include an evaluation of the tank, drainfield, and, if applicable, any pumps, siphons, or alarms.
101
 
Upon the completion of the assessment the qualified contractor must provide a copy of a written, 
signed evaluation report to the property owner and to the county health department within 30 days after 
                                                
85
 DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May 2021), 
http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-reducing-tech-18-10-29.pdf (last 
visited Mar. 27, 2023). 
86
 DEP, Onsite Sewage Program, Product Listings and Approval Requirements, https://floridadep.gov/water/onsite-
sewage/content/product-listings-and-approval-requirements (last visited Mar. 27, 2023).  
87
 S. 381.00655, F.S. 
88
 Id. 
89
 Ss. 373.807, 373.811, and 403.067, F.S. 
90
 Ch. 2020-150, Laws of Fla.  
91
 S. 373.807, F.S. 
92
 Ch. 2020-150, s. 2, Laws of Fla. 
93
 S. 381.0065(3)(b), F.S.; DOH and DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean 
Waterways Act for Transfer of the Onsite Sewage Program, 5 (2021), http://www.floridahealth.gov/environmental-health/onsite-
sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf (last visited Mar. 27, 2023).   
94
 Id. at 14. 
95
 Id. at 11; DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Mar. 26, 2023). 
96
 DOH and DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for Transfer of 
the Onsite Sewage Program, supra note 49, at 11. 
97
 “First magnitude spring” ma3ns a spring that has a median water discharge or greater than or equal to 100 cubic feet per second for 
the period of record, as determined by DEP. S.381.00651(1), F.S. 
98
 Ch. 2012-184, s. 33, Laws of Fla.  
99
 S. 381.00651(3), F.S. 
100
 S. 381.00651(6)(a)-(b), F.S.  
101
 S. 381.00651(7)(a)-(c), F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 10 
DATE: 4/20/2023 
  
the evaluation.
102
  The county health department, in coordination with DEP, must administer any 
evaluation program on behalf of any county or municipality that has adopted an evaluation program.
103
  
 
Wastewater Grant Program 
The Clean Waterways Act
104
 created the wastewater grant program.
105
  The wastewater grant program 
allows DEP, in consultation with the Water Management Districts (WMDs), to award grants to 
governmental entities for the following:
106
 
 Projects to retrofit OSTDSs to upgrade them to enhanced nutrient-reducing OSTDSs; 
 Projects to construct, upgrade, or expand facilities to provide advanced waste treatment; and 
 Projects to connect OSTDSs to central sewer facilities. 
 
The projects must individually or collectively reduce excess nutrient pollution and they must be located 
within one of three areas:
107
 
 A BMAP.
108
  
 A RAP.  
 A rural area of opportunity (RAO).  A RAO is a community or region of communities which are 
uniquely distressed and are priority assignments for the Rural Economic Development 
Initiative.
109
  The Governor may designate no more than three RAOs.
110
 
 
DEP coordinates with WMDs to identify grant recipients in each district.
111
  DEP must consider the 
estimated reduction in nutrient load per project; project readiness; the cost-effectiveness of the project; 
the overall environmental benefit of a project; the location of a project; the availability of local matching 
funds; and projected water savings or quantity improvements associated with a project.
112
  
 
Projects that subsidize the connection of OSTDSs to wastewater treatment facilities are prioritized as 
follows:  
 First priority: subsidizing the connection of OSTDSs to existing infrastructure.  
 Second priority: any expansion of a collection or transmission system that promotes efficiency 
by planning the installation of wastewater transmission facilities to be constructed concurrently 
with other construction projects occurring within or along a transportation facility right-of-way. 
 Third priority: all other connections of OSTDSs to wastewater treatment facilities.
113
  
 
DEP submits an annual report identifying the projects funded through the grant program to the 
Governor and Legislature.
114
 
 
The wastewater grant program is funded by documentary stamp tax revenues.
115
  After required 
distributions from documentary stamp tax revenues are disbursed,
116
 an amount equaling 5.4175 
percent of the remainder is paid into the Water Protection and Sustainability Program Trust Fund to be 
                                                
102
 S. 381.00651(7)(d), F.S. 
103
 S. 381.00651(8), F.S. 
104
 Ch. 2020-150, Laws of Fla. 
105
 S. 403.0673, F.S. 
106
 S. 403.0673(1) and (4), F.S. 
107
 S. 403.0673(1), F.S. 
108
 S. 403.067(7)(a)1., F.S.; R. 62-303.100(1), F.A.C. 
109
 S. 288.0656(2)(d) and (7)(a), F.S. 
110
 S. 288.0656(7)(a), F.S. 
111
 S. 403.0673(4), F.S.   
112
 S. 403.0673(2), F.S.   
113
 Id. 
114
 S. 403.0673(5), F.S.   
115
 S. 201.15(4)(h), F.S. Documentary stamp tax revenues are collected under ch. 201, F.S., which requires an excise tax to be levied 
on two classes of documents: deeds and other documents related to real property, which are taxed at the rate of 70 cents per $100; and 
certificates of indebtedness, promissory notes, wage assignments, and retail charge account agreements, which are taxed at 35 cents 
per $100. See ss. 201.02(1)(a) and 201.08(1)(a), F.S. 
116
 S. 201.15(4), F.S. (The required distributions are to the Land Acquisition Trust Fund and the service charge representing the 
estimated pro rata share of the cost of general government paid from the General Revenue Fund.)   STORAGE NAME: h1379d.ISC 	PAGE: 11 
DATE: 4/20/2023 
  
used to fund wastewater grants.
117
  The Office of Economic and Demographic Research estimates that 
the distribution for wastewater grants in fiscal year 2023-2024 will be $95.2 million.
118
 
 
 Outstanding Florida Springs 
“Geologists estimate that there are more than 1,000 springs in the state of Florida, representing what 
may be the largest concentration of freshwater springs on Earth.”
119
  In 2016, the Florida Legislature 
enacted the Florida Springs and Aquifer Protection Act and identified 30 Outstanding Florida Springs 
(OFSs) that require additional protections to ensure their conservation and restoration for future 
generations.
120
  These springs are a unique part of the state’s scenic beauty, provide critical habitat, 
and have immeasurable natural, recreational, and economic value.
121
  
 
DEP is required to assess the water quality in the OFSs and has determined that 24 of these springs 
are impaired.
122
  For these impaired springs, DEP must adopt (or re-adopt) a BMAP to implement all 
the protections of the Florida Springs and Aquifer Protection Act, including: 
 Prioritized lists of restoration projects along with planning level estimates for cost, schedule, and 
nutrient load reduction; 
 Phased milestones (5-year, 10-year, and 15-year) to achieve water quality restoration targets in 
20 years; 
 Estimated nutrient pollutant loads, allocated to each source or category of sources; 
 Completed remediation plans for OSTDSs where septic loading accounts for at least 20 percent 
of the estimated nutrient input;
123
 and 
 Delineated “priority focus areas” where certain activities are prohibited.
124
  
 
A “priority focus area” is the area or areas of a basin where the Floridan Aquifer
125
 is generally most 
vulnerable to pollutant inputs where there is a known connectivity between groundwater pathways and 
an OFS, as determined by DEP in consultation with the appropriate water management districts and 
delineated in a BMAP.
126
 
 
                                                
117
 S. 201.15(4)(h), F.S. 
118
 Office of Economic and Demographic Research, Conference Results (2022), 
http://edr.state.fl.us/Content/conferences/docstamp/docstampresults.pdf. 
119
 DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 27, 2023). 
120
 DEP, Springs, https://floridadep.gov/springs/ (last visited Mar.27, 2023). OFSs include all historic first magnitude springs and the 
following additional springs, including their associated spring runs: De Leon Springs, Peacock Springs, Poe Springs, Rock Springs, 
Wekiwa Springs, and Gemini Springs. S. 373.802(4), F.S.   
121
 DEP, supra note 119. 
122
 Id. 
123
 Although OSTDS remediation plans were first only required for springs, in 2020, the requirement was expanded to BMAPs 
statewide as part of the Clean Waterways Act. See Chapters 2016-1, s. 27 and 2020-150, s. 13, Laws of Fla. Notably, OSTDS 
remediation plans for springs are only required within the priority focus areas, whereas the laws governing BMAPs require OSTDS 
remediation plans more generally within the entire BMAP. 
124
 DEP, supra note 119. 
125
 The Floridan Aquifer is the largest aquifer in the southeastern United States and one of the most productive aquifer systems in the 
world. The aquifer underlies an area of about 100,000 square miles that includes all of Florida and extends into parts of Alabama, 
Georgia and South Carolina, as well as parts of the Atlantic Ocean and the Gulf of Mexico. St. Johns River Water Management 
District, Florida’s aquifers, https://www.sjrwmd.com/water-
supply/aquifer/#:~:text=Aquifer%20facts%201%20More%20than%2090%20percent%20of,2%2C000%20feet%20below%20land%20
surface.%20...%20More%20items (last visited Mar. 27, 2023). 
126
 S. 373.802(5), F.S.; DEP, Map of Priority Focus Areas in BMAPs, 
https://fdep.maps.arcgis.com/apps/View/index.html?appid=1afdd97c67584c06840019241becde74 (last visited Mar. 27, 2023).  STORAGE NAME: h1379d.ISC 	PAGE: 12 
DATE: 4/20/2023 
  
 
 
The activities prohibited within priority focus areas include: 
 New domestic wastewater disposal facilities with permitted capacities of 100,000 gallons per 
day or more, except for those facilities that meet an advanced wastewater treatment standard of 
no more than 3 mg/l total nitrogen, on an annual permitted basis, or a more stringent treatment 
standard if necessary to attain a TMDL; 
 New OSTDSs on lots of less than one acre, if the addition of the specific systems conflicts with 
an OSTDS remediation plan incorporated into a BMAP; 
 New facilities for the disposal of hazardous waste; 
 The land application of Class A or Class B domestic wastewater biosolids not in accordance 
with a DEP-approved nutrient management plan; and 
 New agriculture operations that do not implement BMPs, measures necessary to achieve 
pollution reduction levels established by DEP, or groundwater monitoring plans.
127
 
 
When a BMAP is being developed for an OFS, if DEP identifies OSTDSs as contributors of at least 20 
percent of nonpoint source pollution or if DEP determines remediation is necessary to achieve the 
TMDL, then the BMAP is required to include an OSTDS remediation plan for systems identified as 
requiring remediation.
128
  
 
There have been recent legal challenges to DEP’s development of BMAPs for OFSs. In Sierra Club v. 
DEP, the court held that DEP failed to comply with ss. 403.067(6)(b) and 373.801(1)(b), F.S., in 
creating the BMAPs because the BMAPs failed to include an identification of each specific point source 
or category of nonpoint sources and an estimated allocation of the pollutant for each point source or 
category of nonpoint sources.
129
  Instead, the BMAPs included pie charts that showed current 
estimated nitrogen loading in the various springsheds by source and allocations to entire basins, not to 
any point or nonpoint source.
130
 
                                                
127
 S. 373.811, F.S. 
128
 S. 373.807(1)(a), F.S. 
129
 Sierra Club v. DEP, No. 1D21-1667, *2 (Fla. 1st DCA 2023). 
130
 Id. at *5.   STORAGE NAME: h1379d.ISC 	PAGE: 13 
DATE: 4/20/2023 
  
 
The Indian River Lagoon 
The Indian River Lagoon (IRL) system is an estuary
131
 that runs along 156 miles of Florida’s east 
coast
132
 and borders Volusia, Brevard, Indian River, St. Lucie, Martin, and Palm Beach counties.
133
  
The IRL extends from Ponce de Leon Inlet near New Smyrna Beach in Volusia County to the southern 
border of Jupiter Inlet in Martin County.
134
  The IRL system is composed of three main interconnected 
waterbodies: the Banana River, the Indian River, and the Mosquito Lagoon.
135
  
 
The IRL is one of the most biologically diverse estuaries in North America
136
 and is home to more than 
2,000 species of plants, 600 species of fish, 300 species of birds, and 53 endangered or threatened 
species.
137
  The estimated economic value received from the IRL in 2014 was approximately $7.6 
billion.
138
  Industry groups that are directly influenced by the IRL support nearly 72,000 jobs.
139
 
 
The IRL ecosystem has been harmed by human activities in the region. Stormwater runoff from urban 
and agricultural areas, discharges from wastewater treatment facilities, canal discharges, OSTDSs, 
animal waste, and fertilizer applications have led to harmful levels of nutrients and sediments entering 
the lagoon.
140
  These pollutants create cloudy conditions, feed algal blooms, and lead to muck 
accumulation, all of which negatively impact the seagrass that provides habitat for much of the IRL’s 
marine life.
141
  During the 2011 “Superbloom,” intense algal blooms of phytoplankton occurred 
throughout most of the IRL, lasting for seven months and resulting in massive losses of seagrass that 
have yet to fully recover.
142
  There have also been recurring brown tides; unusual mortalities of 
dolphins, manatees, and shorebirds; and large fish kills due to low dissolved oxygen from decomposing 
algae.
143
   
 
Brown tide is a type of algal bloom dominated by a brown, microscopic marine algae, which can be 
harmful to ecosystems in high concentrations, and was first documented in state waters in 2012.
144
  
The St. Lucie Estuary is a major tributary to the southern IRL, so freshwater discharges from Lake 
Okeechobee, which can include toxic cyanobacteria (“blue-green algae”), also impact the IRL.
145
   
                                                
131
 An estuary is a partially enclosed coastal waterbody where freshwater from rivers and streams mixes with saltwater from the ocean. 
EPA, What Is An Estuary?, https://www.epa.gov/nep/basic-information-about-estuaries (last visited Mar. 15, 2023). 
132
 DEP, Indian River Lagoon Basin, Central Indian River Lagoon Basin Management Action Plan, (Feb. 2021) 
https://publicfiles.dep.state.fl.us/DEAR/BMAP/IndianRiverLagoon/BMAP_Documents/2021_IRL_BMAP_Final/CIRL/Final_CIRL_
BMAP_02102021.pdf; DEP, Florida State Parks, Ecology of the Indian River Lagoon, 
https://www.floridastateparks.org/learn/ecology-indian-river-lagoon (last visited Mar. 15, 2023). 
133
 Indian River Lagoon National Estuary Program, About the Indian River Lagoon, https://onelagoon.org/irlnep/ (last visited Mar. 15, 
2023). 
134
 Id. 
135
 DEP, Florida State Parks, supra note 132. 
136
 DEP, Indian River Lagoon Basin, Central Indian River Lagoon Basin Management Action Plan, supra note 132, at 45. 
137
 Indian River Lagoon Species Inventory, Biodiversity, 
https://www.irlspecies.org/misc/Total_Biodiv.php#:~:text=Home%20to%20over%204%2C200%20species%20of%20plants%2C%20
birds%2C,species%20of%20fish%20and%20370%20species%20of%20birds (last visited Mar. 27, 2023). 
138
 East Central Florida Regional Planning Council and Treasure Coast Regional Planning Council, Indian River Lagoon Economic 
Valuation Update, vi, ix (Aug. 26, 2016), 
https://files.tcrpc.org/portfolio%20of%20work/Economic%20Development/IRL%20Valuation/FinalReportIRL08_26_2016.pdf.  
139
 Id. at ix. 
140
 Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi; Marine Resources Council, 
Indian River Lagoon Health Update, 4-7 (2018), https://savetheirl.org/wp-content/uploads/mrc-report-card-2018-min.pdf.  
141
 Id. at xi. 
142
 IRL 2011 Consortium, Indian River Lagoon 2011 Superbloom - Plan of Investigation, 2-3 (2012), 
https://www.sjrwmd.com/static/waterways/irl-technical//2011superbloom_investigationplan_June_2012.pdf; Marine Resources 
Council, Indian River Lagoon Coastal Community Report Card, 2,4 (2022), https://savetheirl.org/wp-
content/uploads/IRLReportCard2022-opt.pdf.  
143
 Tetra Tech, Inc. & Closewaters, LLC, supra note 140, at xi. 
144
 SJRWMD, Renewing the Lagoon - Frequently Asked Questions, https://www.sjrwmd.com/waterways/renew-lagoon/#faq-01 (last 
visited Mar. 27, 2023); FWC, Effects of Brown Tide in the Indian River Lagoon (2012), 
https://myfwc.com/research/redtide/monitoring/historical-events/brown-tide/ (last visited Mar. 27, 2023). 
145
 DEP, Basin Management Action Plan, St. Lucie River and Estuary Basin, 15 (2020), 
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/St_Lucie_BMAP_01-31-20.pdf ; DEP, Basin  STORAGE NAME: h1379d.ISC 	PAGE: 14 
DATE: 4/20/2023 
  
 
The St. Johns River WMD, South Florida WMD, and local governments implement projects that 
address water quality issues in the IRL.
146
  Brevard County established the Save Our Indian River 
Lagoon Project Plan, which outlines local projects to meet water quality targets and improve the health, 
productivity, aesthetic appeal, and economic value of the IRL.
147
  In 2016, Brevard County passed a 
referendum, approved by 62.4 percent of voters, to authorize the issuance of a half-cent infrastructure 
sales tax to pay for a portion of the plan.
148
  The sales tax will generate an estimated $542 million over 
ten years.
149
 
 
OSTDSs account for much of the nitrogen enrichment in groundwater in the IRL watersheds because 
the six counties adjacent to the IRL rely heavily on OSTDSs for wastewater management.
150
  As of 
2021, there were approximately 300,000 permitted OSTDSs within the IRL watershed.
151
  Indian River 
and Martin counties used OSTDSs for over 50 percent of their wastewater management, and there 
were approximately 31,000 septic systems in each county.
152
  As of 2019, Brevard County, which 
borders nearly half of the IRL, had an estimated 53,204 OSTDSs and contributed approximately 17,863 
pounds per year of total nitrogen from failing OSTDSs.
153
 
 
IRL National Estuary Program 
Established in 1991, the IRL National Estuary Program is part of a national network of 28 estuary 
programs established under the CWA and administered nationally by the U.S. Environmental 
Protection Agency (EPA).
154
  The program was established to assist with the development a 
comprehensive plan to restore and protect the IRL.
155
 
 
                                                
Management Action Plan, Lake Okeechobee, 14 (2020), 
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/Lake%20Okeechobee%20BMAP_01-31-20.pdf. 
 
146
 SJRWMD, The Indian River Lagoon, https://www.sjrwmd.com/waterways/indian-river-lagoon/ (last visited Mar. 13, 2023); 
SFWMD, Celebrating the Indian River Lagoon-South C-23/24 Stormwater Treatment Area Groundbreaking, 
https://www.sfwmd.gov/news-events/news/celebrating-indian-river-lagoon-south-c-2324-stormwater-treatment-area (last visited Mar. 
27, 2023).  
147
 Tetra Tech, Inc. & Closewaters, LLC, supra note 140, at xi. 
148
 Brevard County Supervisor of Elections, 2016 General Election Official Results, https://enr.electionsfl.org/BRE/1616/Summary/ 
(last visited Mar. 13, 2023); Brevard County, Save our Indian River Lagoon Project Plan, 
https://www.brevardfl.gov/SaveOurLagoon/ProjectPlan (last visited Mar. 27, 2023). 
149
 Id. 
150
 L.W. Herren, et al., Septic systems drive nutrient enrichment of groundwaters and eutrophication in the urbanized Indian River 
Lagoon, Florida, Marine Pollution Bulletin, 2 (2021), 
https://reader.elsevier.com/reader/sd/pii/S0025326X21009620?token=1384E4307B3A786FC65C7DD3270D91440566F5E2793CA E8
F859A2139CF19FE68102D54027EEFF164F8492399C7F65B49&originRegion=us-east-1&originCreation=20230217141616. 
151
 Id. 
152
 Id. 
153
 Tetra Tech, Inc. & Closewaters, LLC, supra note 140, at 22-23. 
154
 One Lagoon, The Indian River Lagoon NEP, https://onelagoon.org/irlnep/ (last visited Mar. 12, 2023); IRL National Estuary 
Program, Second Amended and Restated IRL National Estuary Program Interlocal Agreement, 1 (2017), https://onelagoon.org/wp-
content/uploads/2017-2ndAmendedInterlocal__20200201.pdf. 
155
 Id.  STORAGE NAME: h1379d.ISC 	PAGE: 15 
DATE: 4/20/2023 
  
 
 
Today, the program is sponsored by the IRL Council, which was established in February 2015 as a 
special district of Florida.
156
  The IRL Council includes representatives of five counties bordering the 
lagoon (Volusia, Brevard, the Indian River County Lagoon Coalition, St. Lucie and Martin counties), the 
St. Johns River WMD and the South Florida WMD, and DEP.  The Council’s goals include (1) attaining 
and maintaining water and sediment of sufficient quality to support a healthy estuarine lagoon 
ecosystem; (2) attaining and maintaining a functioning, healthy ecosystem which supports endangered 
and threatened species, fisheries, commerce, and recreation; (3) promoting public awareness and 
coordinated interagency management of the IRL ecosystem; and (4) developing long-term funding 
sources for prioritized projects to preserve, protect, restore, and enhance the IRL.
157
  EPA provides 
guidance to the Council and, every five years, evaluates the program’s progress.
158
 
 
The IRL National Estuary Program identifies and implements projects to improve wastewater 
infrastructure, reduce reliance on conventional OSTDSs, retain and treat stormwater, rehabilitate 
habitats, and enhance planning for resilient communities.
159
  A list of eligible projects is evaluated and 
revised annually by the program’s Management Conference.
160
  The program also developed strategies 
to, among other things: 
 Remove or reduce nutrient-loading to the IRL watershed to meet water quality standards 
pursuant to a TMDL, BMAP, or RAP;
161
 
                                                
156
 One Lagoon, The Indian River Lagoon NEP, supra note 154. 
157
 IRL Program, Looking Ahead to 2030: A 10-Year Comprehensive Conservation and Management Plan for the IRL, Florida, 12 
(2019), https://onelagoon.org/wp-content/uploads/IRLNEP_Final-Draft-CCMP-REVISION_2018-12-07_LowRes__20200204.pdf. 
158
 Id. at 13. 
159
 Id. at ix. 
160
 Id. The IRL National Estuary Program’s Management Conference represents a more than 100-member citizen and scientist 
oversight committee that advises the IRL Council Board of Directors as they adopt policies and make annual budget and appropriation 
decisions to implement the comprehensive plan. 
161
 Id. at 20-21.   STORAGE NAME: h1379d.ISC 	PAGE: 16 
DATE: 4/20/2023 
  
 Improve wastewater infrastructure to achieve advanced wastewater treatment and to increase 
capacity to accommodate septic-to-sewer conversions and the region’s growing population;
162
 
and 
 Research innovative technologies and the emergence of commercial opportunities that will 
assist with restoration and stewardship of the IRL.
163
 
 
Florida Forever 
The Florida Forever Program is the state’s conservation and recreation lands acquisition program.
164
 
Since 2001, the state has invested approximately $3.3 billion to purchase more than 899,574 acres of 
land.
165
  Florida Forever supports a wide range of goals, including water resource protection, coastal 
resiliency, preservation of cultural resources, public access to outdoor recreation, and the restoration 
and maintenance of public lands.
166
 
 
The Acquisition and Restoration Council (ARC) is a 10-member body that makes recommendations on 
the acquisition, management, and disposal of state-owned lands.
167
  DEP provides primary staff to 
support ARC.  ARC is responsible for developing the Florida Forever priority list, which consists of 
ranked land acquisition projects that are deemed suitable as conservation property and meet the goals 
of the Florida Forever Program.
168
  ARC members determine the priority of lands based on weighted 
criteria for all of the following: the coordination and completion of projects; biodiversity; protection, 
restoration, and maintenance of natural functions; water quality; recreation; archaeological and 
historical resources; sustainable agriculture and forest lands; and urban open spaces.
169
  In addition to 
these factors, the members must prioritize certain projects.
170
 
 
Anyone may propose a project to be considered for inclusion on the priority list.  To develop the list, 
ARC accepts applications from state agencies, local governments, nonprofit and for-profit 
organizations, private land trusts, and private individuals for project proposals eligible for Florida 
Forever funding.
171
  ARC then submits the list to the Board of Trustees of the Internal Improvement 
Trust Fund (Board) for approval.
172
  The Board is comprised of the Governor, Attorney General, Chief 
Financial Officer, and Commissioner of the Department of Agriculture and Consumer Services.  The 
Florida Forever priority list is used by DEP to prioritize projects with the available Florida Forever funds 
allocated annually by the Legislature.  To be considered for acquisition, a project must have a willing 
seller and be on the list.  
 
Before a parcel may be approved for acquisition by the Board or DEP, an appraisal must be 
conducted.
173
  Where the estimated value of a parcel exceeds $1 million, two appraisals must be 
conducted.
174
  If both appraisals of a parcel exceed $1 million and differ significantly, a third appraisal 
may be conducted.
175
  Fees associated with the appraisal process are paid by the agency proposing to 
acquire the lands.
176
  Appraisal reports are confidential and exempt from public records disclosure until 
an option contract is executed, if applicable, or until two weeks before a contract or agreement for 
purchase is considered for approval by the Board.
177
  However, DEP may disclose an appraisal report 
to a private landowner during negotiations for acquisitions using alternatives to fee simple techniques if 
                                                
162
 Id. at 24, 26-27. 
163
 Id. at 140. 
164
 S. 259.105, F.S. Such acquisitions include less-than-fee agreements.  
165
 DEP, Florida Forever, https://floridadep.gov/floridaforever (last visited Mar. 22, 2023).  
166
 See s. 259.105(2)(a), F.S. 
167
 S. 259.035(3), F.S. 
168
 S. 259.105(8)-(9), F.S. 
169
 S. 259.105(9), F.S. 
170
 S. 259.105(10), F.S. 
171
 S. 259.105(7)(a), F.S. 
172
 S. 259.04(1)(c), F.S. 
173
 S. 253.025(8), F.S. 
174
 S. 253.025(8)(b), F.S. 
175
 Id. 
176
 S. 253.025(8)(c), F.S. 
177
 S. 253.025(8)(f), F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 17 
DATE: 4/20/2023 
  
DEP determines doing so will bring a proposed acquisition to closure.
178
  A landowner must agree to 
maintain the confidentiality of such reports.
179
  
 
The Board must approve any agreement to acquire land where the contract price agreed to by the 
seller and the acquiring agency exceeds $1 million, or if the acquisition is the initial purchase in a 
Florida Forever project.
180
 
 
Rural and Family Lands Protection Program 
The Rural and Family Lands Protection Program (RFLPP) is a land preservation program within DACS 
that was created to protect agricultural lands through the acquisition of permanent agricultural land 
conservation easements.
181
  Through the RFLPP, DACS, on behalf of the Board, is authorized to 
allocate money to acquire perpetual, less-than-fee interests in land, enter into agricultural protection 
agreements, and enter into resource conservation agreements.
182
  To qualify for acquisition, the 
agricultural land must protect the integrity and function of working landscapes, ensure opportunities for 
viable agricultural activities on working lands threatened by conversion to other uses, and meet at least 
one of the following public purposes: 
 Perpetuating open space on working lands that contain significant natural areas.  
 Protecting, restoring, or enhancing water bodies, aquifer recharge areas, wetlands, or 
watersheds.  
 Promoting a more complete pattern of protection, including buffers to natural areas, ecological 
greenways, functioning ecosystems, and military installations. 
 Promoting the restoration, enhancement, or management of species habitat, consistent with the 
purposes for which the easement is acquired.
183
 
 
Under the RFLPP, lands must be acquired pursuant to a priority ranking process that is similar to the 
process used to develop the Florida Forever priority list.
184
  To develop the RFLPP priority list, DACS 
first reviews applications to evaluate the agricultural operation, whether BMPs are being implemented, 
and the suitability of the land for long-term agricultural use.  This information is then compiled into an 
evaluation report and provided to the Rural and Family Lands Selection Committee (Committee), the 
members of which are appointed by the Commissioner of DACS.
185
  At a publicly noticed meeting, the 
Committee receives public comment, considers the eligibility of both new applications and projects on 
the existing priority list, and adopts a new list of projects in tiered priority order that qualify for 
acquisition under the RFLPP.
186
  The Committee must give preference to ranch and timber lands that 
are managed using certain sustainable practices.
187
  The priority list is then sent to the Board for 
approval.
188
  The newly approved priority list supersedes any previous RFLPP priority lists.
189
  
 
The same appraisal procedures and requirements outlined above for the Florida Forever Program also 
apply to less than fee simple acquisitions through the RFLPP.
190
  
 
                                                
178
 Id. 
179
 Id. 
180
 S. 253.025(4)(b)-(c), F.S.  
181
 DACS, Rural and Family Lands Protection Program, https://www.fdacs.gov/Consumer-Resources/Protect-Our-
Environment/Rural-and-Family-Lands-Protection-Program (last visited Apr. 18, 2023).  
182
 S. 570.71(1), F.S. 
183
 Id. 
184
 S. 259.105(3)(i)1., F.S. 
185
 R. 5I-7.007(1), F.A.C. 
186
 R. 5I-7.007(4), F.A.C. 
187
 S. 570.71(10), F.S., R. 5I-7.007(2), F.A.C. 
188
 R. 5I-7.007(6), F.A.C. 
189
 R. 5I-7.007(11), F.A.C. 
190
 See s. 570.715, F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 18 
DATE: 4/20/2023 
  
Through the RFLPP, the state has acquired conservation easements for over 64,361 acres of working 
agricultural land.
191
  All perpetual easements acquired under the RFLPP must adhere to BMPs 
established by DACS.
192
 
 
Florida Wildlife Corridor  
The ability to migrate plays an important role in supporting biodiversity by enabling animals to safely 
travel in order to find mates, food, and shelter.  Due to human development, many habitats have 
become fragmented, creating blockades such as residential areas, industrial parks, and roads.
193
  
Wildlife corridors are sections of land that connect two or more wildlife habitats together and allow 
animals to avoid roads and other developments.
194
 
 
The Florida Wildlife Corridor (Corridor), depicted below,
195
 is a geographically defined area comprising 
over 18 million acres of land, which include 10 million acres of conservation lands and 8 million acres of 
opportunity areas that do not have conservation status.
196
  
 
 
 
In 2021, the Legislature created the Wildlife Corridor Act to codify the Corridor and recognize that lands 
and waters that provide the state’s green infrastructure and vital habitat for wide-ranging wildlife need 
to be preserved and protected.
197
  The purpose of the Wildlife Corridor Act was to create incentives for 
conservation and sustainable development while preserving the green infrastructure.
198
   
 
The Wildlife Corridor Act, in pertinent part, directed DEP to promote and encourage various methods of 
investing in and protecting the Corridor, including encouraging all agencies that acquire lands to include 
in their land-buying efforts the acquisition of sufficient legal interest in opportunity areas to ensure the 
continued viability of the Corridor; encouraging investment in conservation easements voluntarily 
                                                
191
 DACS, supra note 181.  
192
 R. 5I-7.014(3), F.A.C. 
193
 Esri, Importance of Wildlife Corridors, 
https://www.arcgis.com/apps/Cascade/index.html?appid=6b87112414f84c8392c842dabab9f9a1 (last visited Mar. 22, 2023). 
194
 University of Florida, Connecting Nature to Nature: Wildlife Corridors, http://blogs.ifas.ufl.edu/pinellasco/2015/04/03/connecting-
nature-to-nature-wildlife-corridors/ (last visited Mar. 22, 2023). 
195
 Florida Wildlife Corridor, FL Wildlife Corridor, https://floridawildlifecorridor.org/wp-
content/uploads/2021/08/FLWildlifeCorridor.pdf (last visited Mar. 22, 2023). 
196
 DEP, Florida Wildlife Corridor, https://floridadep.gov/sites/default/files/Florida_Wildlife_Corridor.pdf (last visited Mar. 22, 
2023). 
197
 Ch. 2021-181, Laws of Fla. 
198
 S. 259.1055(3), F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 19 
DATE: 4/20/2023 
  
entered into by private landowners to conserve opportunity areas; and encouraging private landowners, 
through existing and future incentives and liability protections, to continue to allow their private property 
to be used for the preservation and enhancement of the Corridor.
199
  Because there is no land 
acquisition program specifically for acquiring lands that are located within the Wildlife Corridor, 
initiatives such as the Florida Forever Program and the Rural and Family Lands Protection Program are 
used to acquire such lands. 
 
Executive Order 23-06 
Executive Order 23-06 (the Order) includes several directives regarding environmental protection.
200
 
The Order directs DEP to strengthen BMAPs for nutrient-impaired waterbodies by: 
 Updating all BMAPs to include the specific projects necessary to meet the requisite water 
quality standards to achieve restoration goals.  The projects most likely to yield maximum 
pollutant reductions should be prioritized; 
 Requiring local governments to identify and expedite high priority projects to meet the nutrient 
load allocations required under a BMAP; and 
 Working with DACS to identify and seek funding for regional projects that address excess 
nutrient impacts from agricultural nonpoint sources in BMAP areas where agriculture has been 
identified as a significant source of nutrient pollution.
201
 
 
The Order also directs DEP to identify and prioritize strategies and projects to expedite water quality 
restoration in the IRL by: 
 Working with the Legislature to establish the IRL Protection Program and secure at least $100 
million annually for priority projects to improve water quality in the IRL; 
 Coordinating with stakeholders, including federal agencies, local governments, WMDs, and the 
IRL Estuary Program, to identify and prioritize projects for water quality restoration; 
 Undertaking enhanced water quality monitoring in the IRL to better identify sources of nutrient 
loading to inform project prioritization and improve water quality in the IRL; 
 Taking actions to reduce nutrient contributions to the IRL from OSTDSs and wastewater 
facilities, stormwater discharges, and agriculture nonpoint sources; and 
 Supporting innovative nature-based solutions including living shorelines, freshwater and coastal 
wetland restoration, and seagrass recovery utilizing strategic propagation and planting efforts.
202
 
 
The Order also directs DEP to continue to seek consistent and meaningful annual funding for the 
Florida Forever Program, and take all necessary steps to expedite the state’s land conservation efforts, 
including a strategic focus on acquisitions within the Wildlife Corridor and acquisitions that benefit 
vulnerable ecosystems, water quality, and resilience.
203
 
 
Comprehensive Plans 
Each local government
204
 is required to adopt and update a comprehensive plan to guide their “future 
economic, social, physical, environmental, and fiscal”
205
 development and growth.
206
  Comprehensive 
plans are required to include certain elements,
207
 one of which is a capital improvements element.
208
  
The capital improvements element addresses the need for and location of public facilities,
209
 which are 
major capital improvements including sanitary sewer, drainage, potable water, and transportation 
facilities.
210
  Comprehensive plans are also required to include an element that addresses and identifies 
ways to “provide for future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge 
                                                
199
 S. 259.1055(5), F.S. 
200
 Office of the Governor, Executive Order 23-06 (2023), https://www.flgov.com/wp-content/uploads/2023/01/EO-23-06.pdf.  
201
 Id. at 5-6. 
202
 Id. at 6-7. 
203
 Id. at 8-9. 
204
 S. 163.3164(29), F.S.  (Local governments include counties and municipalities.) 
205
 S. 163.3177(1), F.S. 
206
 S. 163.3167(1)(a)-(b), F.S. 
207
 S. 163.3177(1)(a), F.S. 
208
 S. 163.3177(3)(a), F.S. 
209
 Id. 
210
 S. 163.3164(39), F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 20 
DATE: 4/20/2023 
  
protection . . .”,
211
 and this element must address coordinating the extension of or increase in capacity 
of facilities providing these services.
212
 
 
Effect of the Bill 
 
Comprehensive Plans 
The bill requires any county or municipality with a BMAP within its jurisdiction to include within the 
capital improvement element of its comprehensive plan a list of projects necessary to achieve the 
pollutant load reductions attributable to the local government as established in the BMAP. 
 
The bill requires the future potable water, drainage, sanitary sewer, solid waste, and aquifer recharge 
protection element of comprehensive plans to: 
 Address coordinating the treatment or upgrade of facilities providing such services and to 
prioritize advanced waste treatment; 
 Include an element to consider the feasibility of providing sanitary sewer services within a 10-
year planning horizon to any group of more than 50 built or unbuilt residential lots with a density 
of more than one OSTDS per acre; and 
 Identify the name of the intended wastewater facility receiving sanitary sewer flows after 
connection, the capacity of the facility and any associated transmission facilities, the projected 
wastewater flow at the facility for the next 20 years including septic-to-sewer conversions and 
new construction, and a timeline for the construction of sanitary sewer service. 
 
Each comprehensive plan must be updated to include this element by July 1, 2024, and as needed 
thereafter to account for future applicable developments. This provision does not apply to a local 
government designated as a RAO.  
 
Basin Management Action Plans 
The bill requires BMAPs to include 5-year implementation milestones.   
 
The bill requires any entity with a specific pollutant load reduction requirement established in a BMAP 
to identify the projects or strategies that such entity will undertake to meet current 5-year pollution 
reduction milestones, beginning with the first 5-year milestone for new BMAPs, and submit such 
projects to DEP for inclusion in the appropriate BMAP, and each project identified must include an 
estimated amount of nutrient reduction that is reasonably expected to be achieved based on the best 
scientific information available. 
 
The bill requires the applicable 5-year implementation milestone for new or revised BMAPs to include a 
list of projects that will achieve the pollutant load reductions needed to meet the TMDL or the load 
allocations established pursuant to s. 403.067(6), F.S., and each project must include a planning-level 
cost estimate and an estimated date of completion. The bill also requires each new or revised BMAP 
to include a list of projects developed in connection with a cooperative agricultural regional water 
quality improvement element which is part of a BMAP. 
 
The bill prohibits the installation of new OSTDSs constructed within a BMAP area adopted under s. 
403.067, F.S., a RAP, or a pollution reduction plan where connection to a publicly owned or investor-
owned sewerage system is available.  In addition, on lots of 1 acre or less within such areas where a 
publicly owned or investor-owned sewerage system is not available, the bill requires the installation of 
enhanced nutrient-reducing OSTDSs or other wastewater treatment systems that achieve at least 65 
percent nitrogen reduction. 
 
The bill requires local governments subject to a BMAP or located within the basin of a waterbody not 
attaining nutrient or nutrient-related standards to annually provide to DEP, in a manner prescribed by 
DEP, an update on the status of construction of sanitary sewers to serve such areas. 
 
                                                
211
 S. 163.3177(6)(c), F.S. 
212
 S. 163.3177(6)(c)2., F.S.  STORAGE NAME: h1379d.ISC 	PAGE: 21 
DATE: 4/20/2023 
  
The bill revises the requirements for development of a cooperative agricultural regional water quality 
improvement element as part of a BMAP by: 
 Removing the requirement that agricultural measures must have been adopted by DACS and 
have been implemented and the water body remains impaired; and 
 Removing the requirement that multiple factors must be present to require the development of 
such element and requiring that only one of the two following factors must be present to require 
the development of such element: 
o Agricultural nonpoint sources contribute to at least 20 percent of nonpoint source 
nutrient discharges; or 
o DEP determines that additional measures, in combination with state-sponsored regional 
projects and other management strategies included in the BMAP, are necessary to 
achieve the TMDL. 
 
The bill requires that a cooperative agricultural regional water quality improvement element that is part 
of a BMAP be implemented through the use of cost-effective and technically and financially practical 
regional agricultural nutrient reduction projects and include a list of such projects submitted to DEP by 
DACS which, in combination with the BMPs, additional measures, and other management strategies, 
will achieve the needed pollutant load reductions established for agricultural nonpoint sources.  The bill 
also requires the list of projects included in such element to include a planning-level cost estimate of 
each project along with the estimated amount of nutrient reduction that such project will achieve. 
 
The bill authorizes DACS to submit a legislative budget request to fund projects developed pursuant to 
s. 403.067(7), F.S., and such projects are eligible for funding in accordance with the Water Quality 
Improvement Grant Program. 
 
Sewage Disposal Facilities 
The bill authorizes DEP to require sewage disposal facilities to provide a more stringent treatment 
standard than advanced waste treatment previously authorized by DEP if DEP determines the more 
stringent standard is necessary to achieve the TMDL or applicable water quality criteria for certain 
waterbodies.  In addition, the bill expands the areas to which the advanced waste treatment or more 
stringent treatment standard apply, and requires that by January 1, 2033, waterbodies that are currently 
not attaining nutrient or nutrient-related standards or that are subject to a nutrient or nutrient-related 
BMAP or adopted reasonable assurance plan may be subject to the more stringent treatment standard. 
 
The bill prohibits sewage disposal facilities from disposing any wastes into any waterbody determined 
not to be attaining nutrient or nutrient-related standards after July 1, 2023, or subject to a nutrient or 
nutrient-related BMAP or adopted reasonable assurance plan after July 1, 2023, without providing 
advanced waste treatment as approved by DEP within 10 years after such determination or adoption. 
 
Grants and Loans for Connecting OSTDSs to Sewerage Systems 
The bill encourages local governmental agencies that receive grants or loans from DEP to offset the 
cost of connecting OSTDSs to publicly owned or investor-owned sewerage systems to:  
 Identify the owners of OSTDSs within the jurisdiction of the respective local governmental 
agency who are eligible to apply for the grant or loan funds and notify such owners of the 
funding availability; and 
 Maintain a publicly available website with information relating to the availability of the grant or 
loan funds, including the amount of funds available and information on how the owner of an 
OSTDS may apply for such funds. 
 
Wastewater Grant Program 
The bill renames the wastewater grant program as the water quality improvement grant program and 
expands the purpose of the grant program.   
 
The bill authorizes DEP to provide grants for projects that reduce the amount of nutrients entering 
waters that: are not attaining nutrient or nutrient-related standards; have an established TMDL; or are 
located within a BMAP area, a RAP area adopted by final order, an accepted alternative restoration 
plan area, or a RAO.  The bill authorizes DEP to provide such grants for the following types of projects:  STORAGE NAME: h1379d.ISC 	PAGE: 22 
DATE: 4/20/2023 
  
 Connecting OSTDSs to central sewer facilities. 
 Upgrading domestic wastewater treatment facilities to advanced waste treatment or greater. 
 Repairing, upgrading, expanding, or constructing stormwater treatment facilities that result in 
improvements to surface water or groundwater quality. 
 Repairing, upgrading, expanding, or constructing domestic wastewater treatment facilities that 
result in improvements to surface water or groundwater quality, including domestic wastewater 
reuse and collection systems. 
 Those identified pursuant to the development of a BMAP or a cooperative agricultural regional 
water quality improvement element. 
 Those identified in a wastewater treatment plan or an OSTDS remediation plan. 
 Those listed in a city or county capital improvement element in their respective comprehensive 
plans. 
 Those retrofitting OSTDSs to upgrade such systems to enhanced nutrient-reducing OSTDSs 
where central sewerage is unavailable. 
 
The bill requires DEP to consider and prioritize those projects that have the maximum estimated 
reduction in nutrient load per project; demonstrate project readiness; are cost-effective; have a cost-
share identified by the applicant, except for RAOs; provide an overall environmental benefit, including 
any projected water savings associated with the project; have previous state commitment and 
involvement in the project, considering previously funded phases, the total amount of previous state 
funding, and previous partial appropriations for the proposed project; or are in a location where 
reductions are most needed. 
 
The bill prohibits any project that does not result in reducing nutrient loading to a waterbody from 
receiving grant funding. 
 
The bill requires DEP to coordinate annually with each WMD to identify potential projects in each 
district, and to coordinate with governments and stakeholders to identify the most effective and 
beneficial water quality improvement projects. The bill also requires DEP, beginning January 15, 2024, 
and each January 15 thereafter, to submit a report regarding the projects funded by the Water Quality 
Improvement Grant Program to the Governor, the President of the Senate, and the Speaker of the 
House of Representatives.  The report must include a list of those projects receiving funding and 
include the following information for each project: 
 A description of the project; 
 The cost of the project; 
 The estimated nutrient load reduction; 
 The location of the project;  
 The waterbody or waterbodies where the project would reduce nutrients; and 
 The total cost-share being provided. 
 
Outstanding Florida Springs 
The bill requires DEP, relevant local governments, and relevant local public and private wastewater 
utilities, as part of a BMAP that includes an Outstanding Florida Spring, to develop an OSTDS 
remediation plan for a spring if DEP determines OSTDSs within a BMAP contribute at least 20 percent 
of nonpoint source nitrogen pollution or if DEP determines remediation is necessary to achieve the 
TMDL.   
 
The bill revises the areas within an Outstanding Florida Spring where certain activities are prohibited 
from priority focus areas to BMAPs in effect for an Outstanding Florida Spring. 
 
The bill prohibits the installation of new OSTDSs where connection to a publicly owned or investor-
owned sewerage system is available.  On lots of 1 acre or less, if a publicly owned or investor-owned 
sewerage system is not available, only the installation of enhanced nutrient-reducing OSTDSs or other 
wastewater treatment systems that achieve at least 65 percent nitrogen reduction are authorized. 
 
Indian River Lagoon Protection Program  STORAGE NAME: h1379d.ISC 	PAGE: 23 
DATE: 4/20/2023 
  
The bill establishes the IRL Protection Program (IRL Program) within DEP and enumerates Legislative 
findings and intent, including that: 
 The IRL is a critical water resource which provides many economic, natural habitat, and 
biodiversity functions that benefit the public interest;  
 Certain activities have resulted in excess nutrients entering the IRL and adversely impacting the 
IRL’s water quality;  
 Improvement to the hydrology, water quality, and associated aquatic habitats within the IRL is 
essential to the protection of the resource;  
 It is imperative for the state, local governments, and agricultural and environmental communities 
to commit to restoring and protecting the surface water resources of the IRL, and that a holistic 
approach to address such restoration and protection must be developed and implemented 
immediately;  
 The expeditious implementation of the Banana River Lagoon BMAP, Central Indian River 
Lagoon BMAP, North Indian River Lagoon BMAP (collectively “IRL BMAPs”), and Mosquito 
Lagoon RAP are necessary to improve the quality of water in the IRL ecosystem and provide a 
reasonable means of achieving TMDL requirements and achieving and maintaining compliance 
with state water quality standards; and 
 Implementation of the IRL Program will benefit the public health, safety, and welfare and is in 
the public interest. 
 
 
 
The bill declares the IRL Program consists of the IRL BMAPs and the Mosquito Lagoon RAP, and that 
they are the components of the IRL Program which achieve phosphorous and nitrogen load reductions 
for the IRL.   STORAGE NAME: h1379d.ISC 	PAGE: 24 
DATE: 4/20/2023 
  
 
The bill requires: 
 DEP to evaluate and update the IRL BMAPs every 5 years and identify any further load 
reductions necessary to achieve compliance with the relevant TMDLs. 
 The IRL BMAPs to include 5-year milestones for implementation and water quality improvement 
and a water quality monitoring component sufficient to evaluate whether reasonable progress in 
pollutant load reductions is being achieved over time. 
 DEP, in coordination with the St. Johns River WMD, the South Florida WMD, local 
governments, the IRL National Estuary Program, and other stakeholders, to identify and 
prioritize strategies and projects necessary to achieve water quality standards within the IRL 
watershed and meet the TMDLs, and requires that projects identified from the evaluation be 
incorporated into the IRL BMAPs and the Mosquito Lagoon RAP as appropriate. 
 DEP, in coordination with the with the St. Johns River WMD, the South Florida WMD, local 
governments, and the IRL National Estuary Program to implement the IRL Watershed Research 
and Water Quality Monitoring Program to establish a comprehensive water quality monitoring 
network throughout the IRL and fund research pertaining to water quality, ecosystem 
restoration, and seagrass impacts and restoration, and use the results from the program to 
prioritize projects and modify the IRL BMAPs and RAP as appropriate. 
The bill prohibits, beginning January 1, 2024, the installation of new OSTDSs within the IRL BMAPs 
and RAP where a publicly-owned or investor-owned central sewer system is available unless such 
installation was previously permitted.  Where central sewerage is not available, only enhanced nutrient- 
reducing OSTDSs or other wastewater treatment systems that achieve at least 65 percent nitrogen 
reduction are authorized. 
 
The bill requires, by July 1, 2030, any commercial or residential property with an existing OSTDS 
located within the IRL BMAPs or RAP to connect to central sewer if available or upgrade to an 
enhanced nutrient-reducing OSTDS or other wastewater treatment system that achieves at least 65 
percent nitrogen reduction. 
 
The bill authorizes only advanced nutrient-reducing OSTDSs or distributed wastewater treatment 
systems for new commercial or residential properties located within the IRL BMAPs or RAP where a 
central sewer system is not available and requires, by July 1, 2030, any commercial or residential 
property with an existing OSTDS located within the IRL BMAPs or RAP to connect to a central sewer 
system if available or upgrade to an advanced nutrient reducing OSTDS or distributed wastewater 
treatment system.  
 
The bill allows DEP and the governing boards of the St. Johns River WMD and the South Florida WMD 
to adopt rules to implement the IRL Program. 
 
Water Management Districts 
The bill requires DEP to transfer to the WMDs funds appropriated to the districts through DEP and 
requires the WMDs to annually report to DEP on the use of the funds. 
 
Florida Forever 
The bill dedicates $100 million annually to DEP from the Land Acquisition Trust Fund for the acquisition 
of lands through the Florida Forever Program. 
 
The bill increases the contract price for a land acquisition agreement that requires approval by the 
Board from $1 million to $5 million. The bill also removes the requirement that an agreement for an 
acquisition that is the initial purchase in a Florida Forever project must be approved by the Board. 
 
The bill revises the appraisal requirements applicable to Florida Forever acquisitions to increase the 
appraisal amount that requires a second appraisal to be conducted from $1 million to $5 million.  If both 
appraisals of a parcel exceed $5 million and differ significantly, a third appraisal may be conducted. 
 
The bill allows the Board or, when applicable, DEP to acquire parcels of land for the full value of that 
parcel as determined by the highest approved appraisal.  STORAGE NAME: h1379d.ISC 	PAGE: 25 
DATE: 4/20/2023 
  
 
The bill specifies that the Board is authorized to acquire lands that complete critical linkages through 
fee or less-than-fee acquisition that will help preserve and protect the green and blue infrastructure and 
vital habitat for wide-ranging wildlife, such as the Florida panther, within the Corridor. The bill requires 
ARC to give increased priority to projects in imminent danger of development, loss of significant natural 
attributes or recreational open space, or subdivision which would result in multiple ownership and make 
acquisition of the project costly or less likely to be accomplished, and requires ARC to give lands 
located within the Corridor increased priority.  
 
Rural and Family Lands Protection Program 
The bill requires DACS to, by March 1, 2024, submit an updated priority list to ARC and specifies that 
any acquisitions for which funds have been obligated prior to July 1, 2023, to pay for an appraisal may 
not be impacted by the updated priority list.   
 
The bill provides that RFLPP must prioritize lands in imminent danger of development or degradation, 
as well as lands within the Corridor.   
 
The bill revises the appraisal requirements applicable to RFLPP acquisitions to increase the appraisal 
amount that requires a second appraisal to be conducted from $1 million to $5 million.  If both 
appraisals of a parcel exceed $5 million and differ significantly, a third appraisal may be conducted. 
 
The bill requires DACS to disclose appraisal reports to private land owners or their representatives 
during negotiations for RFLPP acquisitions. 
 
The bill increases the threshold for when a parcel must be submitted to the board for approval; the bill 
provides that DACS must only submit purchase agreements to acquire perpetual, less-than-fee interest 
in land, to enter into agricultural protection agreements, and to enter into resource conservation 
agreements to the Board if the purchase price exceeds $5 million. 
 
B. SECTION DIRECTORY: 
Section 1. Amends s. 163.3177, F.S. relating to required and optional elements of comprehensive 
plans. 
 
Section 2. Amends s. 253.025, F.S., relating to the acquisition of state lands. 
 
Section 3. Amends s. 259.032, F.S., relating to conservation and recreation lands. 
 
Section 4. Amends s. 259.105, F.S., relating to the Florida Forever Act. 
 
Section 5. Creates s. 373.469, F.S., relating to the Indian River Lagoon Protection Program. 
 
Section 6. Amends s. 373.501, F.S., relating to the appropriation of funds to water management 
districts. 
 
Section 7. Amends s. 373.802, F.S., and provides a definition. 
 
Section 8. Amends s. 373.807, F.S., relating to protection of water quality in Outstanding Florida 
Springs. 
 
Section 9. Amends s. 373.811, F.S., relating to prohibited activities in a priority focus area. 
 
Section 10. Amends s. 375.041, F.S., relating to the Land Acquisition Trust Fund. 
 
Section 11. Redesignates, creates, and amends provisions in s. 381.0065, F.S., relating to onsite 
sewage treatment and disposal systems. 
  STORAGE NAME: h1379d.ISC 	PAGE: 26 
DATE: 4/20/2023 
  
Section 12. Amends s. 381.00655, F.S., relating to connection of existing onsite sewage treatment 
and disposal systems to central sewerage systems.  
 
Section 13. Reorders and amends s. 403.031, F.S., relating to definitions. 
 
Section 14. Amends s. 403.067, F.S., relating to the establishment and implementation of total 
maximum daily loads. 
 
Section 15. Amends s. 403.0673 F.S., relating to a grant program. 
 
Section 16. Amends s. 403.086, F.S., relating to sewage disposal facilities. 
 
Section 17. Amends and creates provisions in s. 570.71, F.S., relating to conservation easements 
and agreements. 
 
Section 18. Amends s. 570.715, F.S., relating to conservation easement acquisition procedures.  
 
Section 19. Amends s. 201.15, F.S., relating to the distribution of taxes collected. 
 
Section 20. Amends s. 259.105, F.S., relating to the Florida Forever Act. 
 
Section 21. Amends s. 373.019, F.S., relating to definitions. 
 
Section 22. Amends s. 373.4132, F.S., relating to dry storage facility permitting. 
 
Section 23. Amends s. 373.414, F.S., relating to additional criteria for activities in surface waters and 
wetlands. 
 
Section 24. Amends s. 373.4142, F.S., relating to water quality within stormwater treatment systems. 
 
Section 25. Amends s. 373.430, F.S., relating to prohibitions, violation, penalty, intent. 
 
Section 26. Amends s. 373.4592, F.S., relating to Everglades improvement and management. 
 
Section 27. Amends s. 403.890, F.S., relating to the Water Protection and Sustainability Program. 
 
Section 28. Amends s. 403.892, F.S., relating to incentives for the use of graywater technologies. 
 
Section 29. Amends s. 403.9301, F.S., relating to wastewater services projections. 
 
Section 30. Amends s. 403.9302, F.S., relating to stormwater management projections. 
 
Section 31. Reenacts subsection (6) of s. 259.045, F.S., relating to the purchase of lands in areas of 
critical state concern. 
 
Section 32. Provides that the Legislature determines and declares that this act fulfills an important 
state interest. 
 
Section 33. Provides an effective date of July 1, 2023.  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
  STORAGE NAME: h1379d.ISC 	PAGE: 27 
DATE: 4/20/2023 
  
2. Expenditures: 
The bill provides numerous updates and requirements related to BMAPs that may negatively impact 
workload in multiple divisions within DEP which can be absorbed with existing resources.  
 
The bill renames the Wastewater Grant Program as the Water Quality Improvement Grant Program, 
expands the purpose of the program, and eliminates the matching requirement.  This may have an 
indeterminate negative fiscal impact on the program given the potential increase in the volume of 
applicants and the cost of such projects. 
 
The bill creates the IRL Protection Program within DEP and requires the department to coordinate 
annually with the St. Johns River WMD, the South Florida WMD, local governmental agencies and 
other stakeholders to identify the most effective and beneficial water quality improvement projects. 
The bill requires DEP to annually report on projects beginning January 15, 2024.  The bill also 
authorizes DEP and the governing boards of the St. Johns River WMD and the South Florida WMD 
to adopt rules.  To implement these provisions, DEP and the WMDs may have an indeterminate 
negative fiscal that can be managed within existing resources. 
 
The bill requires DEP to transfer appropriations provided by the Legislature to water management 
districts and report annually but does not provide a reporting date.   
 
Finally, the provisions of the bill may have an indeterminate positive fiscal impact on workload in the 
Florida Forever Program and the RFLPP as it revises the requirements for second appraisals and 
approval by the Board for land acquisitions from $1 million to $5 million.  
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
The bill may have an indeterminate negative fiscal impact on local government as lands that are 
purchased will be removed from the local tax roll thereby reducing ad valorem collections. However, 
the counties where the property is acquired may be eligible for payment in lieu of taxes. 
 
2. Expenditures: 
The bill may have an indeterminate negative fiscal impact on counties and municipalities by 
requiring them to update their comprehensive plans to include a list of projects necessary to 
achieve the pollutant load reductions attributable to the local government as established in the 
BMAP and an element to consider the feasibility of providing sanitary sewer services within a 10-
year planning horizon. 
 
The bill encourages local governmental agencies to utilize opportunities to offset the cost of 
connecting OSTDSs to publicly owned or investor-owned systems by identifying the owners of such 
systems within their jurisdiction and notify them of available grant opportunities.  It also encourages 
local governmental agencies to maintain a public website with information relating to grants or loans 
available for such systems, including the amount of funds and information on how to apply. If 
implemented, this may have an indeterminate negative fiscal impact on local governmental 
agencies.  
 
The bill may have an indeterminate negative fiscal impact on local government sewage disposal 
facilities as it relates to disposal into certain waterbodies without providing advanced waste 
treatment approved by DEP. 
 
The bill may have an indeterminate positive fiscal impact on DEP and DACS as it revises the 
requirements for second appraisals and approval by the Board for land acquisitions made through 
the Florida Forever program and the RFLPP from $1 million to $5 million.  
  STORAGE NAME: h1379d.ISC 	PAGE: 28 
DATE: 4/20/2023 
  
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
The bill may have an indeterminate positive fiscal impact on contractors and businesses associated 
with the replacement of OSTDSs and an indeterminate negative fiscal impact on property owners. 
 
The bill may have an indeterminate negative fiscal impact on private sewage disposal facilities as it 
relates to disposal into certain waterbodies without providing advanced waste treatment approved by 
DEP. 
 
The bill provides a consistent annual appropriation of funds to the Florida Forever Program and 
improves the land acquisition process to be more efficient and expeditious which may encourage more 
land owners, including those located in the Florida Wildlife Corridor, to consider selling their lands to the 
state for conservation and preservation of critical natural resources. 
 
D. FISCAL COMMENTS: 
The bill requires DEP, relevant local governments, and relevant local public and private wastewater 
utilities, as part of a BMAP that includes an Outstanding Florida Spring, to develop an OSTDS 
remediation plan for a spring if DEP determines OSTDSs within a BMAP contribute at least 20 percent 
of nonpoint source nitrogen pollution or if DEP determines remediation is necessary to achieve the 
TMDL. 
 
The bill provides for an annual appropriation of $100 million to DEP for the Florida Forever Program 
from the Land Acquisition Trust Fund to acquire critical conservation lands. This will provide DEP with a 
consistent level of funding each year to better plan for land acquisition opportunities. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply  
because this bill may require counties to expend funds; however, an exemption may apply if the 
fiscal impact is insignificant. An exception may also apply because the act provides that it fulfils an 
important state interest and similarly situated persons are all required to comply.  
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill authorizes DEP and the governing boards of the St. Johns River Water Management District 
and the South Florida Water Management District to adopt rules to implement the Indian River Lagoon 
Protection Program. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On March 29, 2023, the Water Quality, Supply & Treatment Subcommittee considered a proposed 
committee substitute (PCS) and reported the bill favorably as a committee substitute. The PCS: 
 Changes the relating to clause from “pollutant load reduction” to “environmental protection.” 
 Removes the requirement that, for any group of 50 or more built or unbuilt parcels with a density of 
more than one OSTDS within a BMAP or the basin of an impaired water adopted pursuant to s. 
403.067, F.S., the local government must submit the comprehensive plan (plan) to DEP for review 
no less than 180 days before approval of the plan, and removes the authorization for DEP to  STORAGE NAME: h1379d.ISC 	PAGE: 29 
DATE: 4/20/2023 
  
provide written comments directly to the local government within 90 days after receipt of the plan if 
there do not appear to be adequate provisions to ensure sanitary sewer services within a 10-year 
planning horizon. 
 Includes the provisions relating to the Florida Forever program. 
 Authorizes the Board to acquire lands that complete critical linkages that will help preserve and 
protect the state’s green infrastructure and vital habitat for wide-ranging wildlife, such as the Florida 
panther, within the Corridor. 
 Defines the term “enhanced nutrient-reducing OSTDS.” 
 Removes the requirement that DEP evaluate and update the Mosquito Lagoon Reasonable 
Assurance Plan as part of the IRL Program. 
 Expands the areas in which certain activities are prohibited in an Outstanding Florida Spring from a 
priority focus area in effect for such a spring to a BMAP in effect for such a spring. 
 Encourages local governmental agencies that receive grants or loans from DEP to offset the cost of 
connecting OSTDSs to publicly owned or investor-owned sewerage systems to identify the owners 
of OSTDSs within their respective jurisdictions who are eligible to apply for the grant or loan funds 
and notify such owners of the funding availability, and maintain a publicly available website with 
information relating to the availability of the grant or loan funds, including the amount of funds 
available and information on how the owner of an OSTDS may apply for such funds. 
 Defines the terms “nutrient or nutrient-related standards” and “onsite sewage treatment and 
disposal system.” 
 Requires any entity with a specific pollutant load reduction requirement established in a BMAP to 
identify the projects or strategies that such entity will undertake to meet current 5-year pollution 
reduction milestones, beginning with the first 5-year milestone for new BMAPs, and submit such 
projects to DEP for inclusion in the appropriate BMAP, and requires each project identified to 
include an estimated amount of nutrient reduction that is reasonably expected to be achieved based 
on the best scientific information available. 
 Prohibits the installation of new OSTDSs constructed within a BMAP area adopted under s. 
403.067, F.S., a RAP, or a pollution reduction plan where connection to a publicly owned or 
investor-owned sewerage system is available.  
 Requires, on lots of 1 acre or less within a BMAP area adopted under s. 403.067, F.S., a RAP, or a 
pollution reduction plan where connection to a publicly owned or investor-owned sewerage system 
is not available, the installation of enhanced nutrient-reducing OSTDSs or other wastewater 
treatment systems that achieve at least 50 percent nutrient reduction compared to a standard 
OSTDS. 
 Requires local governments subject to a BMAP or located within the basin of a waterbody not 
attaining nutrient or nutrient-related standards to provide an annual update to DEP on the status of 
construction of sanitary sewers to serve such areas, in a manner prescribed by DEP. 
 Amends provisions relating to the cooperative agricultural regional water quality improvement 
element of a BMAP. 
 Amends provisions relating to the wastewater grant program to ensure that funded projects reduce 
nutrient loading in waterbodies and to increase reporting requirements. 
 
On April 17, 2023, the Infrastructure Strategies Committee considered two amendments, which were 
adopted, and reported the bill favorably as a committee substitute (CS).  The CS:   
 Revises language relating to OSTDSs and requires, in certain areas where central sewerage is not 
available, enhanced nutrient-reducing OSTDSs or other wastewater treatment systems that achieve 
at least 65 percent nutrient reduction. 
 Requires DEP to disclose appraisal reports to private land owners or their representatives during 
negotiations for Florida Forever acquisitions. 
 Clarifies the Board may or, when applicable, DEP may acquire parcels of land for the full value of 
that parcel as determined by the highest approved appraisal. 
 Specifies that the Board is authorized to acquire lands that complete critical linkages through fee or 
less-than-fee acquisition. 
 Requires DACS, by March 1, 2024, to submit an updated priority list to ARC and specifies that any 
acquisitions for which funds have been obligated prior to July 1, 2023, to pay for an appraisal may 
not be impacted by the updated priority list.  STORAGE NAME: h1379d.ISC 	PAGE: 30 
DATE: 4/20/2023 
  
 Requires ARC to give increased priority to projects in imminent danger of development, loss of 
significant natural attributes or recreational open space, or subdivision, which would result in 
multiple ownership and make acquisition of the project costly or less likely to be accomplished, and 
requires ARC to give lands located within the Corridor increased priority. 
 Dedicates $100 million annually to DEP from the Land Acquisition Trust Fund for the acquisition of 
lands through the Florida Forever Program. 
 Requires DACS to give priority to lands in imminent danger of development or degradation as well 
as lands within the Corridor. 
 Requires DACS to submit purchase agreements to acquire perpetual, less-than-fee interest in land, 
to enter into agricultural protection agreements, and to enter into resource conservation agreements 
to the Board only if the purchase price exceeds $5 million. 
 Revises the appraisal requirements applicable to RFLPP acquisitions to increase the appraisal 
amount that requires a second appraisal to be conducted from $1 million to $5 million and allows, if 
both appraisals of a parcel exceed $5 million and differ significantly, a third appraisal to be 
conducted. 
 Requires DACS to disclose appraisal reports to private land owners or their representatives during 
negotiations for RFLPP acquisitions. 
 
The staff analysis has been updated to reflect the committee substitute as approved by the Infrastructure 
Strategies Committee.