FL
Florida House Bill H1379

Florida 2023 Regular Session

Florida House Bill H1379 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to environmental protection; amending 2
1616 s. 163.3177, F.S.; revising the required components of 3
1717 a local government comprehensive plan capital 4
1818 improvements element and general sanitary sewer, solid 5
1919 waste, drainage, potable water, and natural 6
2020 groundwater aquifer r echarge element; making technical 7
2121 changes; requiring the update of comprehensive plans 8
2222 by a specified date; providing applicability; amending 9
2323 s. 253.025, F.S.; increasing the estimated value 10
2424 threshold of land acquisition agreements that are 11
2525 required to be submitted to and approved by the Board 12
2626 of Trustees of the Internal Improvement Trust Fund; 13
2727 removing the requirement that agreements to acquire 14
2828 initial lands for Florida Forever projects be 15
2929 submitted to and approved by the board of trustees; 16
3030 increasing the estimated value threshold for the 17
3131 appraisal of certain land acquisitions; requiring, 18
3232 rather than authorizing, the Department of 19
3333 Environmental Protection to disclose appraisal reports 20
3434 to private landowners or their representatives during 21
3535 negotiations for certain land acquisitions; removing a 22
3636 provision requiring private landowners to maintain 23
3737 confidentiality of such reports; specifying the 24
3838 authority of the board of trustees or the department, 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 as applicable, to acquire certain parcels at full 26
5252 value as determined by the highest approved appraisal ; 27
5353 amending s. 259.032, F.S.; authorizing the board of 28
5454 trustees to acquire interests in lands that complete 29
5555 certain linkages within the Florida wildlife corridor; 30
5656 conforming a provision to changes made by the act; 31
5757 making technical changes; amending s. 259.105, F.S.; 32
5858 requiring the Department of Agriculture and Consumer 33
5959 Services to submit an updated priority list for the 34
6060 acquisition of certain agricultural lands to the 35
6161 Acquisition and Restoration Council by a specified 36
6262 date; providing construction; conforming cross -37
6363 references; deleting an obsolete provision; requiring 38
6464 the council to give increased priority to specified 39
6565 projects; creating s. 373.469, F.S.; providing 40
6666 legislative findings and intent; defining terms; 41
6767 providing the components of the Indian River Lagoon 42
6868 Protection Program; requiring the department to 43
6969 evaluate and update the basin management action plans 44
7070 within the program at specified intervals; requiring 45
7171 the department, in coordination with specified 46
7272 entities, to identify and prioritize strategies and 47
7373 projects to achieve certain water quality standards 48
7474 and total maximum daily loads; requiring the 49
7575 department, in coordination with specified entities, 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 to implement the Indian River Lagoon Watershed 51
8989 Research and Water Qu ality Monitoring Program for 52
9090 specified purposes; prohibiting the installation of 53
9191 new onsite sewage treatment and disposal systems 54
9292 beginning on a specified date under certain 55
9393 circumstances; requiring that commercial or 56
9494 residential properties with existing o nsite sewage 57
9595 treatment and disposal systems be connected to central 58
9696 sewer or be upgraded to a certain system by a 59
9797 specified date; providing construction; authorizing 60
9898 the department and the governing boards of the St. 61
9999 Johns River Water Management District a nd the South 62
100100 Florida Water Management District to adopt rules; 63
101101 amending s. 373.501, F.S.; requiring, rather than 64
102102 authorizing, the department to transfer appropriated 65
103103 funds to the water management districts for specified 66
104104 purposes; requiring the districts to annually report 67
105105 to the department on the use of such funds; amending 68
106106 s. 373.802, F.S.; defining the term "enhanced 69
107107 nutrient-reducing onsite sewage treatment and disposal 70
108108 system"; amending s. 373.807, F.S.; conforming a 71
109109 cross-reference; revising requiremen ts for onsite 72
110110 sewage treatment and disposal system remediation plans 73
111111 for springs; amending s. 373.811, F.S.; prohibiting 74
112112 new onsite sewage treatment and disposal systems 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 within basin management action plans in effect for 76
126126 Outstanding Florida Springs under c ertain 77
127127 circumstances; authorizing the installation of 78
128128 enhanced or alternative systems for certain lots; 79
129129 amending s. 375.041, F.S.; requiring an annual 80
130130 appropriation from the Land Acquisition Trust Fund to 81
131131 the department for the acquisition of specified lan ds; 82
132132 deleting an obsolete provision; amending s. 381.0065, 83
133133 F.S.; defining the term "enhanced nutrient -reducing 84
134134 onsite sewage treatment and disposal system"; amending 85
135135 s. 381.00655, F.S.; encouraging local governmental 86
136136 agencies that receive funding for connec ting onsite 87
137137 sewage treatment and disposal systems to central sewer 88
138138 facilities to provide notice of the funding 89
139139 availability to certain owners of onsite sewage 90
140140 treatment and disposal systems and to maintain a 91
141141 website with certain information regarding the 92
142142 funding; reordering and amending s. 403.031, F.S.; 93
143143 defining and revising terms; amending s. 403.067, 94
144144 F.S.; revising requirements for new or revised basin 95
145145 management action plans; requiring that basin 96
146146 management action plans include 5 -year milestones for 97
147147 implementation; requiring certain entities to identify 98
148148 projects or strategies to meet such milestones; 99
149149 prohibiting the installation of new onsite sewage 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 treatment and disposal systems within specified areas 101
163163 under certain circumstances; requiring the 102
164164 installation of enhanced or alternative systems for 103
165165 certain lots; revising requirements for a basin 104
166166 management action plan's cooperative agricultural 105
167167 regional water quality improvement element; amending 106
168168 s. 403.0673, F.S.; renaming the wastewater grant 107
169169 program as the water quality improvement grant 108
170170 program; revising the purposes of the grant program; 109
171171 specifying the projects for which the department may 110
172172 provide grants under the program; requiring the 111
173173 department to prioritize certain projects; requiring 112
174174 the department to coordinate with each water 113
175175 management district to annually identify projects; 114
176176 requiring the department to coordinate with specified 115
177177 entities to identify projects; revising reporting 116
178178 requirements; amending s. 403.086, F.S.; revising the 117
179179 waters that sewage disposal facilities are prohibited 118
180180 from disposing wastes into; amending s. 570.71, F.S.; 119
181181 requiring the Department of Agriculture and Consumer 120
182182 Services, in consultation with the Department of 121
183183 Environmental Protection, the water management 122
184184 districts, the Department of Economic Opportunity, and 123
185185 the Florida Fish and Wildlife Conservation Commission, 124
186186 to adopt rules giving funding priority and preference 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 to specified lands; requiring the Department of 126
200200 Agriculture and Consumer Services to submit certain 127
201201 purchase agreements to the Board of Trustees of the 128
202202 Internal Improvement Trust Fund for approval; amending 129
203203 s. 570.715, F.S.; increasing the estimated value 130
204204 threshold for the appraisal of specified conservation 131
205205 easement acquisitions; requiring, rather than 132
206206 authorizing, the Department of Agriculture and 133
207207 Consumer Services to disclose appraisal reports to 134
208208 private landowners or their representatives during 135
209209 negotiations for certain land acquisitions; amending 136
210210 ss. 201.15, 259.105, 373.019, 373.4132, 373.414, 137
211211 373.4142, 373.430, 373.4592, 403.890, 403.892, 138
212212 403.9301, and 403.9302, F.S.; conforming cross -139
213213 references and provisions to changes made by the act; 140
214214 reenacting s. 259.045(6), F.S., relating to the 141
215215 purchase of lands in areas of critical state concern, 142
216216 to incorporate the amendment made to s. 259.032, F.S., 143
217217 in a reference thereto; providing a declaration of 144
218218 important state interest ; providing an effective date. 145
219219 146
220220 Be It Enacted by the Legislature of the State of Florida: 147
221221 148
222222 Section 1. Paragraph (a) of subsection (3) and paragraph 149
223223 (c) of subsection (6) of section 163.3177, Florida Statutes, are 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234234
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236236 amended to read: 151
237237 163.3177 Required and optional elements of comprehensive 152
238238 plan; studies and surveys. — 153
239239 (3)(a) The comprehensive plan must shall contain a capital 154
240240 improvements element designed to consider the need for and the 155
241241 location of public facilities in order to encourage the 156
242242 efficient use of such facilities and set forth all of the 157
243243 following: 158
244244 1. A component that outlines principles for construction, 159
245245 extension, or increase in capacity of public facilities, as well 160
246246 as a component that outlines principles for correcting existing 161
247247 public facility deficiencies, which are necessary to implement 162
248248 the comprehensive plan. The components must shall cover at least 163
249249 a 5-year period. 164
250250 2. Estimated public facility costs, including a 165
251251 delineation of when facilities will be needed, the general 166
252252 location of the facilities, and projected revenue sources to 167
253253 fund the facilities. 168
254254 3. Standards to ensure the availability of public 169
255255 facilities and the adequacy of those facilities to meet 170
256256 established acceptable levels of service. 171
257257 4. A schedule of capital improvements which includes any 172
258258 publicly funded projects of federal, state, or local government, 173
259259 and which may include privately funded projects for which the 174
260260 local government has no fiscal responsibility. Projects 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 necessary to ensure that any adopted level -of-service standards 176
274274 are achieved and maintained for the 5 -year period must be 177
275275 identified as either funded or unfunded and given a level of 178
276276 priority for funding. 179
277277 5. The schedule must: 180
278278 a. Include transportation improvements included in the 181
279279 applicable metropolitan planning organization's transportation 182
280280 improvement program adopted pursuant to s. 339.175(8) to the 183
281281 extent that such improvements are re lied upon to ensure 184
282282 concurrency and financial feasibility ;. 185
283283 b. Where applicable, include a list of projects necessary 186
284284 to achieve the pollutant load reductions attributable to the 187
285285 local government, as established in a basin management action 188
286286 plan pursuant to s. 403.067(7); and 189
287287 c. The schedule must Be coordinated with the applicable 190
288288 metropolitan planning organization's long -range transportation 191
289289 plan adopted pursuant to s. 339.175(7). 192
290290 (6) In addition to the requirements of subsections (1) -193
291291 (5), the comprehensive plan shall include the following 194
292292 elements: 195
293293 (c) A general sanitary sewer, solid waste, drainage, 196
294294 potable water, and natural groundwater aquifer recharge element 197
295295 correlated to principles and guidelines for future land use, 198
296296 indicating ways to provide for future potable water, drainage, 199
297297 sanitary sewer, solid waste, and aquifer recharge protection 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 requirements for the area. The element may be a detailed 201
311311 engineering plan including a topographic map depicting areas of 202
312312 prime groundwater recharge. 203
313313 1. Each local government shall address in the data and 204
314314 analyses required by this section those facilities that provide 205
315315 service within the local government's jurisdiction. Local 206
316316 governments that provide facilities to serve areas within other 207
317317 local government jurisdictions shall also address those 208
318318 facilities in the data and analyses required by this section, 209
319319 using data from the comprehensive plan for those areas for the 210
320320 purpose of projecting facility needs as required in this 211
321321 subsection. For shared facilities , each local government shall 212
322322 indicate the proportional capacity of the systems allocated to 213
323323 serve its jurisdiction. 214
324324 2. The element must shall describe the problems and needs 215
325325 and the general facilities that will be required for solution of 216
326326 the problems and needs, including correcting existing facility 217
327327 deficiencies. The element must shall address coordinating the 218
328328 extension of, or increase in the capacity of, or upgrade in 219
329329 treatment of facilities to meet future needs ; prioritizing 220
330330 advanced waste treatment while maximizing the use of existing 221
331331 facilities and discouraging urban sprawl; conserving potable 222
332332 water resources; and protecting the functions of natural 223
333333 groundwater recharge areas and natural drainage features. 224
334334 3. Within the local government's jurisdi ction, for any 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 development of more than 50 residential lots, whether built or 226
348348 unbuilt, with more than one onsite sewage treatment and disposal 227
349349 system per 1 acre, the element must consider the feasibility of 228
350350 providing sanitary sewer services within a 10 -year planning 229
351351 horizon and must identify the name and location of the 230
352352 wastewater facility that could receive sanitary sewer flows 231
353353 after connection; the capacity of the facility and any 232
354354 associated transmission facilities; the projected wastewater 233
355355 flow at that facility for the next 20 years, including expected 234
356356 future new construction and connections of onsite sewage 235
357357 treatment and disposal systems to sanitary sewer; and a timeline 236
358358 for the construction of the sanitary sewer system. An onsite 237
359359 sewage treatment and di sposal system is presumed to exist on a 238
360360 parcel if sanitary sewer services are not available at or 239
361361 adjacent to the parcel boundary. Each comprehensive plan must be 240
362362 updated to include this element by July 1, 2024, and as needed 241
363363 thereafter to account for futu re applicable developments. This 242
364364 subparagraph does not apply to a local government designated as 243
365365 a rural area of opportunity under s. 288.0656. 244
366366 4. Within 18 months after the governing board approves an 245
367367 updated regional water supply plan, the element must incorporate 246
368368 the alternative water supply project or projects selected by the 247
369369 local government from those identified in the regional water 248
370370 supply plan pursuant to s. 373.709(2)(a) or proposed by the 249
371371 local government under s. 373.709(8)(b). If a local gover nment 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 is located within two water management districts, the local 251
385385 government must shall adopt its comprehensive plan amendment 252
386386 within 18 months after the later updated regional water supply 253
387387 plan. The element must identify such alternative water supply 254
388388 projects and traditional water supply projects and conservation 255
389389 and reuse necessary to meet the water needs identified in s. 256
390390 373.709(2)(a) within the local government's jurisdiction and 257
391391 include a work plan, covering at least a 10 -year planning 258
392392 period, for building public, private, and regional water supply 259
393393 facilities, including development of alternative water supplies, 260
394394 which are identified in the element as necessary to serve 261
395395 existing and new development. The work plan must shall be 262
396396 updated, at a minimum, ever y 5 years within 18 months after the 263
397397 governing board of a water management district approves an 264
398398 updated regional water supply plan. Local governments, public 265
399399 and private utilities, regional water supply authorities, 266
400400 special districts, and water management districts are encouraged 267
401401 to cooperatively plan for the development of multijurisdictional 268
402402 water supply facilities that are sufficient to meet projected 269
403403 demands for established planning periods, including the 270
404404 development of alternative water sources to supp lement 271
405405 traditional sources of groundwater and surface water supplies. 272
406406 5.4. A local government that does not own, operate, or 273
407407 maintain its own water supply facilities, including, but not 274
408408 limited to, wells, treatment facilities, and distribution 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 infrastructure, and is served by a public water utility with a 276
422422 permitted allocation of greater than 300 million gallons per day 277
423423 is not required to amend its comprehensive plan in response to 278
424424 an updated regional water supply plan or to maintain a work plan 279
425425 if any such local government's usage of water constitutes less 280
426426 than 1 percent of the public water utility's total permitted 281
427427 allocation. However, any such local government shall is required 282
428428 to cooperate with, and provide relevant data to, any local 283
429429 government or utility provider that provides service within its 284
430430 jurisdiction, and shall to keep its general sanitary sewer, 285
431431 solid waste, potable water, and natural groundwater aquifer 286
432432 recharge element updated in accordance with s. 163.3191. 287
433433 Section 2. Subsection (4) and paragraphs (b), (f), and (j) 288
434434 of subsection (8) of section 253.025, Florida Statutes, are 289
435435 amended to read: 290
436436 253.025 Acquisition of state lands. — 291
437437 (4) An agreement to acquire real property for the purposes 292
438438 described in this chapter, chapter 259, chapter 2 60, or chapter 293
439439 375, title to which will vest in the board of trustees, may not 294
440440 bind the state before the agreement is reviewed and approved by 295
441441 the Department of Environmental Protection as complying with 296
442442 this section and any rules adopted pursuant to this section. If 297
443443 any of the following conditions exist, the agreement must shall 298
444444 be submitted to and approved by the board of trustees: 299
445445 (a) The purchase price agreed to by the seller exceeds the 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 value as established pursuant to the rules of the board of 301
459459 trustees.; 302
460460 (b) The contract price agreed to by the seller and the 303
461461 acquiring agency exceeds $5 $1 million.; 304
462462 (c) The acquisition is the initial purchase in a Florida 305
463463 Forever project; or 306
464464 (c)(d) Other conditions that the board of trustees may 307
465465 adopt by rule. Such conditions may include, but are not limited 308
466466 to, Florida Forever projects when title to the property being 309
467467 acquired is considered nonmarketable or is encumbered in such a 310
468468 way as to significantly affect its management. 311
469469 312
470470 If approval of the board of truste es is required pursuant to 313
471471 this subsection, the acquiring agency must provide a 314
472472 justification as to why it is in the public's interest to 315
473473 acquire the parcel or Florida Forever project. Approval of the 316
474474 board of trustees is also required for Florida Forever projects 317
475475 the department recommends acquiring pursuant to subsections (11) 318
476476 and (22). Review and approval of agreements for acquisitions for 319
477477 Florida Greenways and Trails Program properties pursuant to 320
478478 chapter 260 may be waived by the department in any contra ct with 321
479479 nonprofit corporations that have agreed to assist the department 322
480480 with this program. If the contribution of the acquiring agency 323
481481 exceeds $100 million in any one fiscal year, the agreement must 324
482482 shall be submitted to and approved by the Legislative Bu dget 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 Commission. 326
496496 (8) Before approval by the board of trustees, or, when 327
497497 applicable, the Department of Environmental Protection, of any 328
498498 agreement to purchase land pursuant to this chapter, chapter 329
499499 259, chapter 260, or chapter 375, and before negotiations with 330
500500 the parcel owner to purchase any other land, title to which will 331
501501 vest in the board of trustees, an appraisal of the parcel shall 332
502502 be required as follows: 333
503503 (b) Each parcel to be acquired must shall have at least 334
504504 one appraisal. Two appraisals are requir ed when the estimated 335
505505 value of the parcel exceeds $5 $1 million. However, if both 336
506506 appraisals exceed $5 $1 million and differ significantly, a 337
507507 third appraisal may be obtained. If a parcel is estimated to be 338
508508 worth $100,000 or less and the director of the Division of State 339
509509 Lands finds that the cost of an outside appraisal is not 340
510510 justified, a comparable sales ana lysis, an appraisal prepared by 341
511511 the division, or other reasonably prudent procedures may be used 342
512512 by the division to estimate the value of the parcel, provided 343
513513 the public's interest is reasonably protected. The state is not 344
514514 required to appraise the value of lands and appurtenances that 345
515515 are being donated to the state. 346
516516 (f) Appraisal reports are confidential and exempt from s. 347
517517 119.07(1), for use by the agency and the board of trustees, 348
518518 until an option contract is executed or, if no option contract 349
519519 is executed, until 2 weeks before a contract or agreement for 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532532 purchase is considered for approval by the board of trustees. 351
533533 However, the Department of Environmental Protection shall may 352
534534 disclose appraisal reports to private landowners or their 353
535535 representatives during negotiations for acquisitions using 354
536536 alternatives to fee simple techniques, if the department 355
537537 determines that disclosure of such reports will bring the 356
538538 proposed acquisition to closure. However, the private landowner 357
539539 must agree to maintain the confidentialit y of the reports or 358
540540 information. The department may also disclose appraisal 359
541541 information to public agencies or nonprofit organizations that 360
542542 agree to maintain the confidentiality of the reports or 361
543543 information when joint acquisition of property is contemplate d, 362
544544 or when a public agency or nonprofit organization enters into a 363
545545 written agreement with the department to purchase and hold 364
546546 property for subsequent resale to the board of trustees. In 365
547547 addition, the department may use, as its own, appraisals 366
548548 obtained by a public agency or nonprofit organization, if the 367
549549 appraiser is selected from the department's list of appraisers 368
550550 and the appraisal is reviewed and approved by the department. 369
551551 For purposes of this paragraph, the term "nonprofit 370
552552 organization" means an organiz ation that is exempt from federal 371
553553 income tax under s. 501(c)(3) of the Internal Revenue Code and, 372
554554 for purposes of the acquisition of conservation lands, an 373
555555 organization whose purpose must include the preservation of 374
556556 natural resources. The agency may releas e an appraisal report 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 when the passage of time has rendered the conclusions of value 376
570570 in the report invalid or when the acquiring agency has 377
571571 terminated negotiations. 378
572572 (j)1. The board of trustees shall adopt by rule the method 379
573573 for determining the value of p arcels sought to be acquired by 380
574574 state agencies pursuant to this section. An offer by a state 381
575575 agency may not exceed the value for that parcel as determined 382
576576 pursuant to the highest approved appraisal or the value 383
577577 determined pursuant to the rules of the board of trustees, 384
578578 whichever value is less. 385
579579 2. The board of trustees or, when applicable, the 386
580580 Department of Environmental Protection may acquire parcels 387
581581 pursuant to this chapter and chapter 259 for the full value of 388
582582 that parcel as determined pursuant to the h ighest approved 389
583583 appraisal. 390
584584 3.2. For a joint acquisition by a state agency and a local 391
585585 government or other entity apart from the state, the joint 392
586586 purchase price may not exceed 150 percent of the value for a 393
587587 parcel as determined in accordance with the limi ts in 394
588588 subparagraph 1. The state agency share of a joint purchase offer 395
589589 may not exceed what the agency may offer singly pursuant to 396
590590 subparagraph 1. 397
591591 4.3. This paragraph does not apply to the acquisition of 398
592592 historically unique or significant property as det ermined by the 399
593593 Division of Historical Resources of the Department of State. 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 401
607607 Notwithstanding this subsection, on behalf of the board of 402
608608 trustees and before the appraisal of parcels approved for 403
609609 purchase under this chapter or chapter 259, the Secretary of 404
610610 Environmental Protection or the director of the Division of 405
611611 State Lands may enter into option contracts to buy such parcels. 406
612612 Any such option contract shall state that the final purchase 407
613613 price is subject to approval by the board of trustees or, if 408
614614 applicable, the Secretary of Environmental Protection, and that 409
615615 the final purchase price may not exceed the maximum offer 410
616616 allowed by law. Any such option contract presented to the board 411
617617 of trustees for final purchase price approval shall explicitly 412
618618 state that payment of the final purchase price is subject to an 413
619619 appropriation from the Legislature. The consideration for such 414
620620 an option may not exceed $1,000 or 0.01 percent of the estimate 415
621621 by the department of the value of the parcel, whichever amount 416
622622 is greater. 417
623623 Section 3. Subsections (2) and (7), paragraph (b) of 418
624624 subsection (8), and paragraph (d) of subsection (9) of section 419
625625 259.032, Florida Statutes, are amended to read: 420
626626 259.032 Conservation and recreation lands. — 421
627627 (2) The Governor and Cabinet, sitting as the Board of 422
628628 Trustees of the Internal Improvement Trust Fund, may expend 423
629629 moneys appropriated by the Legislature to acquire the fee or any 424
630630 lesser interest in lands for any of the following public 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 purposes: 426
644644 (a) To conserve and protect environmentally unique and 427
645645 irreplaceable lands that contain native, relatively unaltered 428
646646 flora and fauna representing a natural area unique to, or scarce 429
647647 within, a region of this state or a larger geographic area; 430
648648 (b) To conserve and protect lands within designated areas 431
649649 of critical state concern, if the proposed acquisition relates 432
650650 to the natural resource protection purposes of the designation; 433
651651 (c) To conserve and protect native species habitat or 434
652652 endangered or threatened species, emphasizing long-term 435
653653 protection for endangered or threatened species designated G -1 436
654654 or G-2 by the Florida Natural Areas Inventory, and especially 437
655655 those areas that are special locations for breeding and 438
656656 reproduction; 439
657657 (d) To conserve, protect, manage, or restore important 440
658658 ecosystems, landscapes, and forests, if the protection and 441
659659 conservation of such lands is necessary to enhance or protect 442
660660 significant surface water, groundwater, coastal, recreational, 443
661661 timber, or fish or wildlife resources which cannot oth erwise be 444
662662 accomplished through local and state regulatory programs ; 445
663663 (e) To promote water resource development that benefits 446
664664 natural systems and citizens of the state; 447
665665 (f) To facilitate the restoration and subsequent health 448
666666 and vitality of the Florida E verglades; 449
667667 (g) To provide areas, including recreational trails, for 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 natural resource-based recreation and other outdoor recreation 451
681681 on any part of any site compatible with conservation purposes; 452
682682 (h) To preserve significant archaeological or historic 453
683683 sites; 454
684684 (i) To conserve urban open spaces suitable for greenways 455
685685 or outdoor recreation which are compatible with conservation 456
686686 purposes; or 457
687687 (j) To preserve agricultural lands under threat of 458
688688 conversion to development through less -than-fee acquisitions; or 459
689689 (k) To complete critical linkages through fee or less -460
690690 than-fee acquisitions that will help preserve and protect the 461
691691 green and blue infrastructure and vital habitat for wide -ranging 462
692692 wildlife, such as the Florida panther, within the Florida 463
693693 wildlife corridor as defined in s. 259.1055(4) . 464
694694 (7)(a) All lands managed under this chapter and s. 253.034 465
695695 must shall be: 466
696696 1.(a) Managed in a manner that will provide the greatest 467
697697 combination of benefits to the public and to the resources. 468
698698 2.(b) Managed for public outdoor recreation which is 469
699699 compatible with the conservation and protection of public lands. 470
700700 Such management may include, but not be limited to, the 471
701701 following public recreational uses: fishing, hunting, camping, 472
702702 bicycling, hiking, natu re study, swimming, boating, canoeing, 473
703703 horseback riding, diving, model hobbyist activities, birding, 474
704704 sailing, jogging, and other related outdoor activities. 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 (b)(c) Concurrent with its adoption of the annual list of 476
718718 acquisition projects pursuant to s. 259 .035, the board shall 477
719719 adopt a management prospectus for each project. The management 478
720720 prospectus shall delineate: 479
721721 1. The management goals for the property; 480
722722 2. The conditions that will affect the intensity of 481
723723 management; 482
724724 3. An estimate of the revenue -generating potential of the 483
725725 property, if appropriate; 484
726726 4. A timetable for implementing the various stages of 485
727727 management and for providing access to the public, if 486
728728 applicable; 487
729729 5. A description of potential multiple -use activities as 488
730730 described in this sect ion and s. 253.034; 489
731731 6. Provisions for protecting existing infrastructure and 490
732732 for ensuring the security of the project upon acquisition; 491
733733 7. The anticipated costs of management and projected 492
734734 sources of revenue, including legislative appropriations, to 493
735735 fund management needs; and 494
736736 8. Recommendations as to how many employees will be needed 495
737737 to manage the property, and recommendations as to whether local 496
738738 governments, volunteer groups, the former landowner, or other 497
739739 interested parties can be involved in the ma nagement. 498
740740 (c)(d) Concurrent with the approval of the acquisition 499
741741 contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 interest in lands except those lands acquired pursuant to s. 501
755755 259.1052, the board shall designate an agency or agencies to 502
756756 manage such lands. The board shall evaluate and amend, as 503
757757 appropriate, the management policy statement for the project as 504
758758 provided by s. 259.035 to ensure that the policy statement is 505
759759 compatible with conservation, recreation, or both. For any fee 506
760760 simple acquisition of a parcel which is or will be leased back 507
761761 for agricultural purposes, or any acquisition of a less than fee 508
762762 interest in land that is or will be used for agricultural 509
763763 purposes, the board shall first consider having a soil and water 510
764764 conservation district , created pursuant to chapter 582, manage 511
765765 and monitor such interests. 512
766766 (d)(e) State agencies designated to manage lands acquired 513
767767 under this chapter or with funds deposited into the Land 514
768768 Acquisition Trust Fund, except those lands acquired under s. 515
769769 259.1052, may contract with local governments and soil and water 516
770770 conservation districts to assist in management activities, 517
771771 including the responsibility of being the lead land manager. 518
772772 Such land management contracts may include a provision for the 519
773773 transfer of management funding to the local government or soil 520
774774 and water conservation district from the land acquisition trust 521
775775 fund of the lead land managing agency in an amount adequate for 522
776776 the local government or soil and water conservation district to 523
777777 perform its contractual land management responsibilities and 524
778778 proportionate to its responsibilities, and which otherwise would 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 have been expended by the state agency to manage the property. 526
792792 (e)(f) Immediately following the acquisition of any 527
793793 interest in conservation and r ecreation lands, the department, 528
794794 acting on behalf of the board, may issue to the lead managing 529
795795 entity an interim assignment letter to be effective until the 530
796796 execution of a formal lease. 531
797797 (8) 532
798798 (b) Individual management plans required by s. 253.034(5), 533
799799 for parcels over 160 acres, shall be developed with input from 534
800800 an advisory group. Members of this advisory group shall include, 535
801801 at a minimum, representatives of the lead land managing agency, 536
802802 comanaging entities, local private property owners, the 537
803803 appropriate soil and water conservation district, a local 538
804804 conservation organization, and a local elected official. If 539
805805 habitat or potentially restorable habitat for imperiled species 540
806806 is located on state la nds, the Fish and Wildlife Conservation 541
807807 Commission and the Department of Agriculture and Consumer 542
808808 Services shall be included on any advisory group required under 543
809809 chapter 253, and the short -term and long-term management goals 544
810810 required under chapter 253 must advance the goals and objectives 545
811811 of imperiled species management without restricting other uses 546
812812 identified in the management plan. The advisory group shall 547
813813 conduct at least one public hearing within the county in which 548
814814 the parcel or project is located. Fo r those parcels or projects 549
815815 that are within more than one county, at least one areawide 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 public hearing shall be acceptable and the lead managing agency 551
829829 shall invite a local elected official from each county. The 552
830830 areawide public hearing shall be held in the county in which the 553
831831 core parcels are located. Notice of such public hearing shall be 554
832832 posted on the parcel or project designated for management, 555
833833 advertised in a paper of general circulation, and announced at a 556
834834 scheduled meeting of the local governing body before the actual 557
835835 public hearing. The management prospectus required pursuant to 558
836836 paragraph (7)(b) (7)(c) shall be available to the public for a 559
837837 period of 30 days before the public hearing. 560
838838 561
839839 By July 1 of each year, each governmental agency and each 562
840840 private entity designated to manage lands shall report to the 563
841841 Secretary of Environmental Protection on the progress of 564
842842 funding, staffing, and resource management of every project for 565
843843 which the agency or entity is responsible. 566
844844 (9) 567
845845 (d) Up to one-fifth of the funds appropriated for the 568
846846 purposes identified in paragraph (b) shall be reserved by the 569
847847 board for interim management of acquisitions and for associated 570
848848 contractual services, to ensure the conservation and protection 571
849849 of natural resources on project sites and t o allow limited 572
850850 public recreational use of lands. Interim management activities 573
851851 may include, but not be limited to, resource assessments, 574
852852 control of invasive, nonnative species, habitat restoration, 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 fencing, law enforcement, controlled burning, and public access 576
866866 consistent with preliminary determinations made pursuant to 577
867867 paragraph (7)(e) (7)(f). The board shall make these interim 578
868868 funds available immediately upon purchase. 579
869869 Section 4. Paragraphs (i), (l), and (m) of subsection (3) , 580
870870 paragraph (a) of subsec tion (5), and paragraph (i) of subsection 581
871871 (15) of section 259.105, Florida Statutes, are amended, and 582
872872 paragraphs (g) and (h) are added to subsection (10) of that 583
873873 section, to read: 584
874874 259.105 The Florida Forever Act. — 585
875875 (3) Less the costs of issuing and the costs of funding 586
876876 reserve accounts and other costs associated with bonds, the 587
877877 proceeds of cash payments or bonds issued pursuant to this 588
878878 section shall be deposited into the Florida Forever Trust Fund 589
879879 created by s. 259.1051. The proceeds shall be distributed by the 590
880880 Department of Environmental Protection in the following manner: 591
881881 (i) Three and five-tenths percent to the Department of 592
882882 Agriculture and Consumer Services for the acquisition of 593
883883 agricultural lands, through perpetual conservation easements and 594
884884 other perpetual less than fee techniques, which will achieve the 595
885885 objectives of Florida Forever and s. 570.71. Rules concerning 596
886886 the application, acquisition, and priority ranking process for 597
887887 such easements shall be developed pursuant to s. 570.71(10) and 598
888888 as provided by this paragraph. The board shall ensure that such 599
889889 rules are consistent with the acquisition process provided for 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 in s. 570.715. The rules developed pursuant to s. 570.71(10), 601
903903 shall also provide for the following: 602
904904 1. An annual priority list shall b e developed pursuant to 603
905905 s. 570.71(10), submitted to the council for review, and approved 604
906906 by the board pursuant to s. 259.04. By March 1, 2024, the 605
907907 Department of Agriculture and Consumer Services shall submit an 606
908908 updated priority list to the council. Any acq uisitions for which 607
909909 funds have been obligated before July 1, 2023, to pay for an 608
910910 appraisal may not be impacted by the updated priority list. 609
911911 2. Terms of easements and acquisitions proposed pursuant 610
912912 to this paragraph shall be approved by the board and may not be 611
913913 delegated by the board to any other entity receiving funds under 612
914914 this section. 613
915915 3. All acquisitions pursuant to this paragraph shall 614
916916 contain a clear statement that they are subject to legislative 615
917917 appropriation. 616
918918 617
919919 Funds provided under this paragraph may not be expended until 618
920920 final adoption of rules by the board pursuant to s. 570.71. 619
921921 (l) For the purposes of paragraphs (e), (f), (g), and (h), 620
922922 the agencies that receive the funds shall develop their 621
923923 individual acquisition or restoration lists in accor dance with 622
924924 specific criteria and numeric performance measures developed 623
925925 pursuant to s. 259.035(4). Proposed additions may be acquired if 624
926926 they are identified within the original project boundary, the 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 management plan required pursuant to s. 253.034(5), or th e 626
940940 management prospectus required pursuant to s. 259.032(7)(b) s. 627
941941 259.032(7)(c). Proposed additions not meeting the requirements 628
942942 of this paragraph shall be submitted to the council for 629
943943 approval. The council may only approve the proposed addition if 630
944944 it meets two or more of the following criteria: serves as a link 631
945945 or corridor to other publicly owned property; enhances the 632
946946 protection or management of the property; would add a desirable 633
947947 resource to the property; would create a more manageable 634
948948 boundary configuration; has a high resource value that otherwise 635
949949 would be unprotected; or can be acquired at less than fair 636
950950 market value. 637
951951 (m) Notwithstanding paragraphs (a) -(j) and for the 2021 -638
952952 2022 fiscal year, the amount of $1,998,100 to only the 639
953953 Department of Environmen tal Protection for grants pursuant to s. 640
954954 375.075. This paragraph expires July 1, 2022. 641
955955 (5)(a) All lands acquired pursuant to this section shall 642
956956 be managed for multiple -use purposes, where compatible with the 643
957957 resource values of and management objectives f or such lands. As 644
958958 used in this section, "multiple -use" includes, but is not 645
959959 limited to, outdoor recreational activities as described in ss. 646
960960 253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource 647
961961 development projects, sustainable forestry management, car bon 648
962962 sequestration, carbon mitigation, or carbon offsets. 649
963963 (10) The council shall give increased priority to: 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 (g) Projects in imminent danger of development, loss of 651
977977 significant natural attributes or recreational open space, or 652
978978 subdivision, which would r esult in multiple ownership and make 653
979979 acquisition of the project costly or less likely to be 654
980980 accomplished. 655
981981 (h) Projects located within the Florida wildlife corridor 656
982982 as defined in s. 259.1055(4). 657
983983 (15) The council shall submit to the board, with its list 658
984984 of projects, a report that includes, but need not be limited to, 659
985985 the following information for each project listed: 660
986986 (i) A management policy statement for the project and a 661
987987 management prospectus pursuant to s. 259.032(7)(b) s. 662
988988 259.032(7)(c). 663
989989 Section 5. Section 373.469, Florida Statutes, is created 664
990990 to read: 665
991991 373.469 Indian River Lagoon Protection Program. — 666
992992 (1) FINDINGS AND INTENT. — 667
993993 (a) The Legislature finds that: 668
994994 1. The Indian River Lagoon is a critical water resource of 669
995995 this state which provides many economic, natural habitat, and 670
996996 biodiversity functions that benefit the public interest, 671
997997 including fishing, navigation, recreation, and habitat to 672
998998 endangered and threatened species and other flora and fauna. 673
999999 2. Among other causes, land use changes, onsite sewage 674
10001000 treatment and disposal systems, aging infrastructure, stormwater 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 runoff, agriculture, and residential fertilizer have resulted in 676
10141014 excess nutrients entering the Indian River Lagoon and adversely 677
10151015 impacting the lagoon's water quality. 678
10161016 3. Improvement to the hydrology, water quality, and 679
10171017 associated aquatic habitats within the Indian River Lagoon is 680
10181018 essential to the protection of the resource. 681
10191019 4. It is imperative for the state, local governments, and 682
10201020 agricultural and environmental communities to commit to 683
10211021 restoring and protecting the surface water resources of the 684
10221022 Indian River Lagoon, and a holistic approach to address these 685
10231023 issues must be developed and implemented immediately. 686
10241024 5. The expeditious implementation of the Banana River 687
10251025 Lagoon Basin Management Action Plan, Central Indian River Lagoon 688
10261026 Basin Management Action Plan, North Indian River Lagoon Basin 689
10271027 Management Action Plan, and Mosquito Lagoon Reasonable Assurance 690
10281028 Plan are necessary to improve the quality of water in the Indian 691
10291029 River Lagoon ecosystem and to provide a reasonable means of 692
10301030 achieving the total maximum daily load requirements and 693
10311031 achieving and maintaining compliance with state water quality 694
10321032 standards. 695
10331033 6. The implementation of the programs contained in this 696
10341034 section will benefit the public health, safety, and welfare and 697
10351035 is in the public interest. 698
10361036 (b) The Legislature intends for this state to protect and 699
10371037 restore surface water resources and achieve and maintain 700
1038-ENROLLED
1039-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1040-
1041-
1042-
1043-CODING: Words stricken are deletions; words underlined are additions.
1044-hb1379-04-er
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1039+CS/CS/HB 1379 2023
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 compliance with water quality standards in the Indian River 701
10511051 Lagoon through the phased, comprehensive, and innovative 702
10521052 protection program set forth in this section, including long -703
10531053 term solutions based upon the total maximum daily loads 704
10541054 established in accordance with s. 403.067. This program is 705
10551055 watershed-based, provides for th e consideration of all water 706
10561056 quality issues needed to meet the total maximum daily load, and 707
10571057 includes research and monitoring, development and implementation 708
10581058 of best management practices, refinement of existing 709
10591059 regulations, and structural and nonstructural projects, 710
10601060 including public works. 711
10611061 (2) DEFINITIONS.—As used in this section, the term: 712
10621062 (a) "Best management practice" means a practice or 713
10631063 combination of practices determined by the coordinating 714
10641064 agencies, based on research, field -testing, and expert review, 715
10651065 to be the most effective and practicable on -location means, 716
10661066 including economic and technological considerations, for 717
10671067 improving water quality in agricultural and urban discharges. 718
10681068 Best management practices for agricultural discharges must 719
10691069 reflect a balance between water quality improvements and 720
10701070 agricultural productivity. 721
10711071 (b) "Enhanced nutrient -reducing onsite sewage treatment 722
10721072 and disposal system" means an onsite sewage treatment and 723
10731073 disposal system approved by the department as capable of meeting 724
10741074 or exceeding a 50 percent total nitrogen reduction before 725
1075-ENROLLED
1076-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1077-
1078-
1079-
1080-CODING: Words stricken are deletions; words underlined are additions.
1081-hb1379-04-er
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1076+CS/CS/HB 1379 2023
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 disposal of wastewater in the drainfield, or at least 65 percent 726
10881088 total nitrogen reduction combined from onsite sewage tank or 727
10891089 tanks and drainfield. 728
10901090 (c) "Total maximum daily load" means the sum of t he 729
10911091 individual wasteload allocations for point sources and the load 730
10921092 allocations for nonpoint sources and natural background adopted 731
10931093 pursuant to s. 403.067. Before determining individual wasteload 732
10941094 allocations and load allocations, the maximum amount of a 733
10951095 pollutant that a waterbody or water segment can assimilate from 734
10961096 all sources without exceeding water quality standards must first 735
10971097 be calculated. 736
10981098 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The Indian 737
10991099 River Lagoon Protection Program consists of the Banana River 738
11001100 Lagoon Basin Management Action Plan, Central Indian River Lagoon 739
11011101 Basin Management Action Plan, North Indian River Lagoon Basin 740
11021102 Management Action Plan, and Mosquito Lagoon Reasonable Assurance 741
11031103 Plan, and such plans are the components of the Indian Riv er 742
11041104 Lagoon Protection Program which achieve phosphorous and nitrogen 743
11051105 load reductions for the Indian River Lagoon. 744
11061106 (a) Evaluation.—Every 5 years, the department shall 745
11071107 evaluate and update the Banana River Lagoon Basin Management 746
11081108 Action Plan, Central Indian River Lagoon Basin Management Action 747
11091109 Plan, and North Indian River Lagoon Basin Management Action Plan 748
11101110 and identify any further load reductions necessary to achieve 749
11111111 compliance with the relevant total maximum daily loads 750
1112-ENROLLED
1113-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1114-
1115-
1116-
1117-CODING: Words stricken are deletions; words underlined are additions.
1118-hb1379-04-er
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 established pursuant to s. 403.067. A s provided in s. 751
11251125 403.067(7)(a)6., such plans must include 5 -year milestones for 752
11261126 implementation and water quality improvement and a water quality 753
11271127 monitoring component sufficient to evaluate whether reasonable 754
11281128 progress in pollutant load reductions is being a chieved over 755
11291129 time. 756
11301130 (b) Water quality standards and total maximum daily 757
1131-loads.—The department, in coordination with the Department of 758
1132-Agriculture and Consumer Services, the St. Johns River Water 759
1133-Management District, South Florida Water Management District, 760
1134-local governments, the Indian River Lagoon National Estuary 761
1135-Program, and other stakeholders, shall identify and prioritize 762
1136-strategies and projects necessary to achieve water quality 763
1137-standards within the Indian River Lagoon watershed and meet the 764
1138-total maximum daily loads. Projects identified from this 765
1139-evaluation must be incorporated into the Banana River Lagoon 766
1140-Basin Management Action Plan, Central Indian River Lagoon Basin 767
1141-Management Action Plan, Nor th Indian River Lagoon Basin 768
1142-Management Action Plan, and Mosquito Lagoon Reasonable Assurance 769
1143-Plan, as appropriate. 770
1144- (c) Indian River Lagoon Watershed Research and Water 771
1145-Quality Monitoring Program. —The department, in coordination with 772
1146-the St. Johns River Water Management District, the South Florida 773
1147-Water Management District, and the Indian River Lagoon National 774
1148-Estuary Program, shall implement the Indian River Lagoon 775
1149-ENROLLED
1150-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1151-
1152-
1153-
1154-CODING: Words stricken are deletions; words underlined are additions.
1155-hb1379-04-er
1131+loads.—The department, in coordination with the St. Johns River 758
1132+Water Management District, South Florida Water Management 759
1133+District, local governments, the Indian River Lagoon National 760
1134+Estuary Program, and other stakeholders, shall identify and 761
1135+prioritize strategies and projects necessary to achieve water 762
1136+quality standards within the Indian River Lagoon watershed and 763
1137+meet the total maximum daily loads. Projects identified from 764
1138+this evaluation must be incorporated into the Banana River 765
1139+Lagoon Basin Management Action Plan, Central Indian River Lagoon 766
1140+Basin Management Action Plan, North Indian River Lagoon Basin 767
1141+Management Action Plan, and Mosquito Lagoon Reasonable Assurance 768
1142+Plan, as appropriate. 769
1143+ (c) Indian River Lagoon Watershed Research and Water 770
1144+Quality Monitoring Program. —The department, in coordination with 771
1145+the St. Johns River Water Management District, the South Florida 772
1146+Water Management District, and the Indian River Lagoon National 773
1147+Estuary Program, shall implement the Indian River Lagoon 774
1148+Watershed Research and Water Quality Monitoring Program to 775
1149+
1150+CS/CS/HB 1379 2023
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
1161-Watershed Research and Water Quality Monitoring Program to 776
1162-establish a comprehensive water quality monitoring network 777
1163-throughout the Indian River Lagoon and fund research pertaining 778
1164-to water quality, ecosystem restoration, and seagrass impacts 779
1165-and restoration. The department shall use the results from the 780
1166-program to prioritize projects and to m ake modifications to the 781
1167-Banana River Lagoon Basin Management Action Plan, Central Indian 782
1168-River Lagoon Basin Management Action Plan, North Indian River 783
1169-Lagoon Basin Management Action Plan, and Mosquito Lagoon 784
1170-Reasonable Assurance Plan, as appropriate. 785
1171- (d) Onsite sewage treatment and disposal systems. — 786
1172- 1. Beginning on January 1, 2024, unless previously 787
1173-permitted, the installation of new onsite sewage treatment and 788
1174-disposal systems is prohibited within the Banana River Lagoon 789
1175-Basin Management Action Plan, Central Indian River Lagoon Basin 790
1176-Management Action Plan, North Indian River Lagoon Basin 791
1177-Management Action Plan, and Mosquito Lagoon Reasonable Assurance 792
1178-Plan areas where a publicly owned or investor -owned sewerage 793
1179-system is available as defined in s. 38 1.0065(2)(a). Where 794
1180-central sewerage is not available, only enhanced nutrient -795
1181-reducing onsite sewage treatment and disposal systems or other 796
1182-wastewater treatment systems that achieve at least 65 percent 797
1183-nitrogen reduction are authorized. 798
1184- 2. By July 1, 2030, any commercial or residential property 799
1185-with an existing onsite sewage treatment and disposal system 800
1186-ENROLLED
1187-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1188-
1189-
1190-
1191-CODING: Words stricken are deletions; words underlined are additions.
1192-hb1379-04-er
1161+establish a comprehensive water quality monitoring network 776
1162+throughout the Indian River Lagoon and fund research pertaining 777
1163+to water quality, ecosystem restoration, and seagrass impacts 778
1164+and restoration. The department shall use the results from the 779
1165+program to prioritize projects and to make modifications to the 780
1166+Banana River Lagoon Basin Management Action Plan, Central Indian 781
1167+River Lagoon Basin Management Action Plan, North Indian River 782
1168+Lagoon Basin Management Action Plan, and Mosquito Lagoon 783
1169+Reasonable Assurance Plan, as appropriate. 784
1170+ (d) Onsite sewage treatment and disposal systems. — 785
1171+ 1. Beginning on January 1, 2024, unless previously 786
1172+permitted, the installation of new onsite sewage treatment and 787
1173+disposal systems is prohibited within the Banana River Lagoon 788
1174+Basin Management Action Plan, Central Indian River Lagoon Basin 789
1175+Management Action Plan, North Indian River Lagoon Basin 790
1176+Management Action Plan, and Mosquito Lagoon Reasonable Assurance 791
1177+Plan areas where a publicly owned or investor -owned sewerage 792
1178+system is available as defined in s. 381.0065(2)(a). Where 793
1179+central sewerage is not available, only enhanced nutrient -794
1180+reducing onsite sewage treatme nt and disposal systems or other 795
1181+wastewater treatment systems that achieve at least 65 percent 796
1182+nitrogen reduction are authorized. 797
1183+ 2. By July 1, 2030, any commercial or residential property 798
1184+with an existing onsite sewage treatment and disposal system 799
1185+located within the Banana River Lagoon Basin Management Action 800
1186+
1187+CS/CS/HB 1379 2023
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1189+
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
1198-located within the Banana River Lagoon Basin Management Action 801
1199-Plan, Central Indian River Lagoon Basin Management Action Plan, 802
1200-North Indian River Lagoon Basin Management Action Plan, and 803
1201-Mosquito Lagoon Reasonable Assurance Plan areas must connect to 804
1202-central sewer if available or upgrade to an enhanced nutrient -805
1203-reducing onsite sewage treatment and disposal system or other 806
1204-wastewater treatment system that achieves at least 65 percent 807
1205-nitrogen reduction. 808
1206- (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 809
1207-section may not be construed to modify any existing state water 810
1208-quality standard or to modify s. 403.067(6) and (7)(a). 811
1209- (5) PRESERVATION OF AUTHORI TY.—This section may not be 812
1210-construed to restrict the authority otherwise granted to 813
1211-agencies pursuant to this chapter and chapter 403, and this 814
1212-section is supplemental to the authority granted to agencies 815
1213-pursuant to this chapter and chapter 403. 816
1214- (6) RULES.—The department and governing boards of the St. 817
1215-Johns River Water Management District and South Florida Water 818
1216-Management District may adopt rules pursuant to ss. 120.536(1) 819
1217-and 120.54 to implement this section. 820
1218- Section 6. Subsection (1) of section 373.501, Florida 821
1219-Statutes, is amended to read: 822
1220- 373.501 Appropriation of funds to water management 823
1221-districts.— 824
1222- (1) The department shall transfer may allocate to the 825
1223-ENROLLED
1224-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1225-
1226-
1227-
1228-CODING: Words stricken are deletions; words underlined are additions.
1229-hb1379-04-er
1198+Plan, Central Indian River Lagoon Basin Management Action Plan, 801
1199+North Indian River Lagoon Basin Management Action Plan, and 802
1200+Mosquito Lagoon Reasonable Assurance Plan areas must connect to 803
1201+central sewer if available or upgrade to an enhanced nutrient -804
1202+reducing onsite sewage treatment and disposal system or other 805
1203+wastewater treatment system that achieves at least 65 percent 806
1204+nitrogen reduction. 807
1205+ (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 808
1206+section may not be construed to modify any existing state water 809
1207+quality standard or to modify s. 403.067(6) and (7)(a). 810
1208+ (5) PRESERVATION OF AUTHORITY. —This section may not be 811
1209+construed to restrict the authority otherwise granted to 812
1210+agencies pursuant to th is chapter and chapter 403, and this 813
1211+section is supplemental to the authority granted to agencies 814
1212+pursuant to this chapter and chapter 403. 815
1213+ (6) RULES.—The department and governing boards of the St. 816
1214+Johns River Water Management District and South Florida Water 817
1215+Management District may adopt rules pursuant to ss. 120.536(1) 818
1216+and 120.54 to implement this section. 819
1217+ Section 6. Subsection (1) of section 373.501, Florida 820
1218+Statutes, is amended to read: 821
1219+ 373.501 Appropriation of funds to water management 822
1220+districts.— 823
1221+ (1) The department shall transfer may allocate to the 824
1222+water management districts , from funds appropriated to the 825
1223+
1224+CS/CS/HB 1379 2023
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1226+
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
1235-water management districts , from funds appropriated to the 826
1236-districts through the department in, such sums as may be deemed 827
1237-necessary to defray the costs of the administrative, regulatory, 828
1238-and other operational activities of the districts. The governing 829
1239-boards shall submit annual budget requests for such purposes to 830
1240-the department, and the department shall consider such budgets 831
1241-in preparing its budget request for the Legislature. The 832
1242-districts shall annually report to the department on the use of 833
1243-the funds. 834
1244- Section 7. Present subsections (2) through (8) of section 835
1245-373.802, Florida Statutes, are redesignated as subsections (3) 836
1246-through (9), respectively, and a new subsection (2) is added to 837
1247-that section, to read: 838
1248- 373.802 Definitions. —As used in this part, the term: 839
1249- (2) "Enhanced nutrient -reducing onsite sewage tr eatment 840
1250-and disposal system" means an onsite sewage treatment and 841
1251-disposal system approved by the department as capable of meeting 842
1252-or exceeding a 50 percent total nitrogen reduction before 843
1253-disposal of wastewater in the drainfield, or at least 65 percent 844
1254-total nitrogen reduction combined from the onsite sewage tank or 845
1255-tanks and drainfield. 846
1256- Section 8. Subsections (2) and (3) of section 373.807, 847
1257-Florida Statutes, are amended to read: 848
1258- 373.807 Protection of water quality in Outstanding Florida 849
1259-Springs.—By July 1, 2016, the department shall initiate 850
1260-ENROLLED
1261-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1262-
1263-
1264-
1265-CODING: Words stricken are deletions; words underlined are additions.
1266-hb1379-04-er
1235+districts through the department in, such sums as may be deemed 826
1236+necessary to defray the costs of the administrative, regulatory, 827
1237+and other operational activities of the districts. The governing 828
1238+boards shall submit annual budget requests for such purposes to 829
1239+the department, and the department shall consider such budgets 830
1240+in preparing its budget request for the Legislature. The 831
1241+districts shall annually report to the department on the use of 832
1242+the funds. 833
1243+ Section 7. Present subsections (2) through (8) of section 834
1244+373.802, Florida Statutes, are redesignated as subsections (3) 835
1245+through (9), respectively, and a new subsection (2) is added to 836
1246+that section, to read: 837
1247+ 373.802 Definitions. —As used in this part, the term: 838
1248+ (2) "Enhanced nutrient -reducing onsite sewage treatment 839
1249+and disposal system" means an onsite sewage treatment and 840
1250+disposal system approved by the department as capable of meeting 841
1251+or exceeding a 50 percent total nitrogen reduction before 842
1252+disposal of wastewater in the drainfield, or at least 65 percent 843
1253+total nitrogen reduction combined from onsite sewage tank or 844
1254+tanks and drainfield. 845
1255+ Section 8. Subsections (2) and (3) of section 373.807, 846
1256+Florida Statutes, are amended to read: 847
1257+ 373.807 Protection of water quality in Outstanding Florida 848
1258+Springs.—By July 1, 2016, the department shall initiate 849
1259+assessment, pursuant to s. 403.067(3), of Outstanding Florida 850
1260+
1261+CS/CS/HB 1379 2023
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
1272-assessment, pursuant to s. 403.067(3), of Outstanding Florida 851
1273-Springs or spring systems for which an impairment determination 852
1274-has not been made under the numeric nutrient standards in effect 853
1275-for spring vents. Ass essments must be completed by July 1, 2018. 854
1276- (2) By July 1, 2017, each local government, as defined in 855
1277-s. 373.802(3) s. 373.802(2), that has not adopted an ordinance 856
1278-pursuant to s. 403.9337, shall develop, enact, and implement an 857
1279-ordinance pursuant to that section. It is the intent of the 858
1280-Legislature that ordinances required to be adopted under this 859
1281-subsection reflect the latest scientific information, 860
1282-advancements, and technological improvements in the industry. 861
1283- (3) As part of a basin management action plan that 862
1284-includes an Outstanding Florida Spring, the department, relevant 863
1285-local governments, and relevant local public and private 864
1286-wastewater utilities shall develop an onsite sewage treatment 865
1287-and disposal system remediation plan for a spring if the 866
1288-department determines onsite sewage treatment and disposal 867
1289-systems within a basin management action plan priority focus 868
1290-area contribute at least 20 percent of nonpoint source nitrogen 869
1291-pollution or if the department determines remediatio n is 870
1292-necessary to achieve the total maximum daily load. The plan must 871
1293-shall identify cost-effective and financially feasible projects 872
1294-necessary to reduce the nutrient impacts from onsite sewage 873
1295-treatment and disposal systems and shall be completed and 874
1296-adopted as part of the basin management action plan no later 875
1297-ENROLLED
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1299-
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1303-hb1379-04-er
1272+Springs or spring systems for which an impairment determination 851
1273+has not been made under the numeric nutrient standards in effect 852
1274+for spring vents. Assessments must be completed by July 1, 2018. 853
1275+ (2) By July 1, 2017, each local government, as defined in 854
1276+s. 373.802(3) s. 373.802(2), that has not adopted an ordinance 855
1277+pursuant to s. 403.9337, shall develop, enact, and implement an 856
1278+ordinance pursuant to that section. It is the intent of the 857
1279+Legislature that ordinances required to be adopted under this 858
1280+subsection reflect the latest scientif ic information, 859
1281+advancements, and technological improvements in the industry. 860
1282+ (3) As part of a basin management action plan that 861
1283+includes an Outstanding Florida Spring, the department, relevant 862
1284+local governments, and relevant local public and private 863
1285+wastewater utilities shall develop an onsite sewage treatment 864
1286+and disposal system remediation plan for a spring if the 865
1287+department determines onsite sewage treatment and disposal 866
1288+systems within a basin management action plan priority focus 867
1289+area contribute at least 20 percent of nonpoint source nitrogen 868
1290+pollution or if the department determines remediation is 869
1291+necessary to achieve the total maximum daily load. The plan must 870
1292+shall identify cost-effective and financially feasible projects 871
1293+necessary to reduce the nu trient impacts from onsite sewage 872
1294+treatment and disposal systems and shall be completed and 873
1295+adopted as part of the basin management action plan no later 874
1296+than the first 5-year milestone required by subparagraph 875
1297+
1298+CS/CS/HB 1379 2023
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
1309-than the first 5-year milestone required by subparagraph 876
1310-(1)(b)8. The department is the lead agency in coordinating the 877
1311-preparation of and the adoption of the plan. The department 878
1312-shall: 879
1313- (a) Collect and evaluate credible scientific information 880
1314-on the effect of nutrients, particularly forms of nitrogen, on 881
1315-springs and springs systems; and 882
1316- (b) Develop a public education plan to provide area 883
1317-residents with reliable, understandable information about o nsite 884
1318-sewage treatment and disposal systems and springs. 885
1319- 886
1320-In addition to the requirements in s. 403.067, the plan must 887
1321-shall include options for repair, upgrade, replacement, 888
1322-drainfield modification, addition of effective nitrogen reducing 889
1323-features, connection to a central sewerage system, or other 890
1324-action for an onsite sewage treatment and disposal system or 891
1325-group of systems within a basin management action plan priority 892
1326-focus area that contribute at least 20 percent of nonpoint 893
1327-source nitrogen pollution or if the department determines 894
1328-remediation is necessary to achieve a total maximum daily load. 895
1329-For these systems, the department shall include in the plan a 896
1330-priority ranking for each system or group of systems that 897
1331-requires remediation and shall award funds to implement the 898
1332-remediation projects contingent on an appropriation in the 899
1333-General Appropriations Act, which may include all or part of the 900
1334-ENROLLED
1335-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1336-
1337-
1338-
1339-CODING: Words stricken are deletions; words underlined are additions.
1340-hb1379-04-er
1309+(1)(b)8. The department is the lead agency in coordinating the 876
1310+preparation of and the adoption of the plan. The department 877
1311+shall: 878
1312+ (a) Collect and evaluate credible scientific information 879
1313+on the effect of nutrients, particularly forms of nitrogen, on 880
1314+springs and springs systems; and 881
1315+ (b) Develop a public education plan to provide area 882
1316+residents with reliable, understandable information about onsite 883
1317+sewage treatment and disposal systems and springs. 884
1318+ 885
1319+In addition to the requirements in s. 403.067, the plan must 886
1320+shall include options for repair, upgrade , replacement, 887
1321+drainfield modification, addition of effective nitrogen reducing 888
1322+features, connection to a central sewerage system, or other 889
1323+action for an onsite sewage treatment and disposal system or 890
1324+group of systems within a basin management action plan priority 891
1325+focus area that contribute at least 20 percent of nonpoint 892
1326+source nitrogen pollution or if the department determines 893
1327+remediation is necessary to achieve a total maximum daily load. 894
1328+For these systems, the department shall include in the plan a 895
1329+priority ranking for each system or group of systems that 896
1330+requires remediation and shall award funds to implement the 897
1331+remediation projects contingent on an appropriation in the 898
1332+General Appropriations Act, which may include all or part of the 899
1333+costs necessary for repair, upgrade, replacement, drainfield 900
1334+
1335+CS/CS/HB 1379 2023
1336+
1337+
1338+
1339+CODING: Words stricken are deletions; words underlined are additions.
1340+hb1379-02-c2
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
1346-costs necessary for repair, upgrade, replacement, drainfield 901
1347-modification, addition of effective nitrogen reducing features, 902
1348-initial connection to a central sewerage system, or other 903
1349-action. In awarding funds, the department may consider expected 904
1350-nutrient reduction benefit per unit cost, size and scope of 905
1351-project, relative local financial contribution to the project, 906
1352-and the financial impact on property owners and the community. 907
1353-The department may waive matching funding requirements for 908
1354-proposed projects within an area designated as a rural area of 909
1355-opportunity under s. 288.0656. 910
1356- Section 9. Section 373.811, Florida Statutes, is amended 911
1357-to read: 912
1358- 373.811 Prohibited activities within a basin management 913
1359-action plan priority focus area.—The following activities are 914
1360-prohibited within a basin management action plan priority focus 915
1361-area in effect for an Outstanding Florida Spring: 916
1362- (1) New domestic wastewater disposal facilities, including 917
1363-rapid infiltration basins, with permitted capacities of 100,000 918
1364-gallons per day or more, except for those facilities that meet 919
1365-an advanced wastewater treatment standard of no more than 3 mg/l 920
1366-total nitrogen, expressed as N, on an annual permitted basis, or 921
1367-a more stringent treatment standard if the department determines 922
1368-the more stringent standard is necessary to attain a total 923
1369-maximum daily load for the Outstanding Florida Spring. 924
1370- (2) New onsite sewage treatment and disposal systems where 925
1371-ENROLLED
1372-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1373-
1374-
1375-
1376-CODING: Words stricken are deletions; words underlined are additions.
1377-hb1379-04-er
1346+modification, addition of effective nitrogen reducing features, 901
1347+initial connection to a central sewerage system, or other 902
1348+action. In awarding funds, the department may consider expected 903
1349+nutrient reduction benefit per unit cost, size and scope of 904
1350+project, relative local financial contribution to the project, 905
1351+and the financial impact on property owners and the community. 906
1352+The department may waive matching funding requirements for 907
1353+proposed projects within an area desig nated as a rural area of 908
1354+opportunity under s. 288.0656. 909
1355+ Section 9. Section 373.811, Florida Statutes, is amended 910
1356+to read: 911
1357+ 373.811 Prohibited activities within a basin management 912
1358+action plan priority focus area.—The following activities are 913
1359+prohibited within a basin management action plan priority focus 914
1360+area in effect for an Outstanding Florida Spring: 915
1361+ (1) New domestic wastewater disposal facilities, including 916
1362+rapid infiltration basins, with permitted capacities of 100,000 917
1363+gallons per day or more, ex cept for those facilities that meet 918
1364+an advanced wastewater treatment standard of no more than 3 mg/l 919
1365+total nitrogen, expressed as N, on an annual permitted basis, or 920
1366+a more stringent treatment standard if the department determines 921
1367+the more stringent standa rd is necessary to attain a total 922
1368+maximum daily load for the Outstanding Florida Spring. 923
1369+ (2) New onsite sewage treatment and disposal systems where 924
1370+connection to a publicly owned or investor -owned sewerage system 925
1371+
1372+CS/CS/HB 1379 2023
1373+
1374+
1375+
1376+CODING: Words stricken are deletions; words underlined are additions.
1377+hb1379-02-c2
13781378 Page 38 of 95
13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
1383-connection to a publicly owned or investor -owned sewerage system 926
1384-is available as defined in s. 381.0065(2)(a). On lots of 1 acre 927
1385-or less, if a publicly owned or investor -owned sewerage system 928
1386-is not available, only the installation of enhanced nutrient -929
1387-reducing onsite sewage treatment and disposal systems or other 930
1388-wastewater treatment systems that achieve at least 65 percent 931
1389-nitrogen reduction are authorized on lots of less than 1 acre, 932
1390-if the addition of the specific systems conflicts with an onsite 933
1391-treatment and disposal system remediation plan incorporated into 934
1392-a basin management action plan in accordance with s. 373.807(3) . 935
1393- (3) New facilities for the disposal of hazardous waste. 936
1394- (4) The land application of Class A or Class B domestic 937
1395-wastewater biosolids not in accordance with a department 938
1396-approved nutrient management plan establishing the rate at which 939
1397-all biosolids, soil amendments, and sources of nutrients at the 940
1398-land application site can be app lied to the land for crop 941
1399-production while minimizing the amount of pollutants and 942
1400-nutrients discharged to groundwater or waters of the state. 943
1401- (5) New agriculture operations that do not implement best 944
1402-management practices, measures necessary to achieve p ollution 945
1403-reduction levels established by the department, or groundwater 946
1404-monitoring plans approved by a water management district or the 947
1405-department. 948
1406- Section 10. Subsection (3) of section 375.041, Florida 949
1407-Statutes, is amended to read: 950
1408-ENROLLED
1409-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1410-
1411-
1412-
1413-CODING: Words stricken are deletions; words underlined are additions.
1414-hb1379-04-er
1383+is available as defined in s. 381.0065(2) (a). On lots of 1 acre 926
1384+or less, if a publicly owned or investor -owned sewerage system 927
1385+is not available, only the installation of enhanced nutrient -928
1386+reducing onsite sewage treatment and disposal systems or other 929
1387+wastewater treatment systems that achieve at l east 65 percent 930
1388+nitrogen reduction are authorized on lots of less than 1 acre, 931
1389+if the addition of the specific systems conflicts with an onsite 932
1390+treatment and disposal system remediation plan incorporated into 933
1391+a basin management action plan in accordance wi th s. 373.807(3). 934
1392+ (3) New facilities for the disposal of hazardous waste. 935
1393+ (4) The land application of Class A or Class B domestic 936
1394+wastewater biosolids not in accordance with a department 937
1395+approved nutrient management plan establishing the rate at which 938
1396+all biosolids, soil amendments, and sources of nutrients at the 939
1397+land application site can be applied to the land for crop 940
1398+production while minimizing the amount of pollutants and 941
1399+nutrients discharged to groundwater or waters of the state. 942
1400+ (5) New agriculture operations that do not implement best 943
1401+management practices, measures necessary to achieve pollution 944
1402+reduction levels established by the department, or groundwater 945
1403+monitoring plans approved by a water management district or the 946
1404+department. 947
1405+ Section 10. Paragraph (b) of subsection (3) of section 948
1406+375.041, Florida Statutes, is amended to read: 949
1407+ 375.041 Land Acquisition Trust Fund. — 950
1408+
1409+CS/CS/HB 1379 2023
1410+
1411+
1412+
1413+CODING: Words stricken are deletions; words underlined are additions.
1414+hb1379-02-c2
14151415 Page 39 of 95
14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
1420- 375.041 Land Acquisition Trust Fund.— 951
1421- (3) Funds distributed into the Land Acquisition Trust Fund 952
1422-pursuant to s. 201.15 shall be applied: 953
1423- (a) First, to pay debt service or to fund debt service 954
1424-reserve funds, rebate obligations, or other amounts payable with 955
1425-respect to Florida Forever bonds issued under s. 215.618; and 956
1426-pay debt service, provide reserves, and pay rebate obligations 957
1427-and other amounts due with respect to Everglades restoration 958
1428-bonds issued under s. 215.619; and 959
1429- (b) Of the funds remaining after the payments required 960
1430-under paragraph (a), but before funds may be appropriated, 961
1431-pledged, or dedicated for other uses: 962
1432- 1. A minimum of the lesser of 25 percent or $200 million 963
1433-shall be appropriated annually for Everglades projects that 964
1434-implement the Comprehensive Ev erglades Restoration Plan as set 965
1435-forth in s. 373.470, including the Central Everglades Planning 966
1436-Project subject to congressional authorization; the Long -Term 967
1437-Plan as defined in s. 373.4592(2); and the Northern Everglades 968
1438-and Estuaries Protection Program as set forth in s. 373.4595. 969
1439-From these funds, $32 million shall be distributed each fiscal 970
1440-year through the 2023 -2024 fiscal year to the South Florida 971
1441-Water Management District for the Long -Term Plan as defined in 972
1442-s. 373.4592(2). After deducting the $32 mil lion distributed 973
1443-under this subparagraph, from the funds remaining, a minimum of 974
1444-the lesser of 76.5 percent or $100 million shall be appropriated 975
1445-ENROLLED
1446-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1447-
1448-
1449-
1450-CODING: Words stricken are deletions; words underlined are additions.
1451-hb1379-04-er
1420+ (3) Funds distributed into the Land Acquisition Trust Fund 951
1421+pursuant to s. 201.15 shall be applied: 952
1422+ (b) Of the funds re maining after the payments required 953
1423+under paragraph (a), but before funds may be appropriated, 954
1424+pledged, or dedicated for other uses: 955
1425+ 1. A minimum of the lesser of 25 percent or $200 million 956
1426+shall be appropriated annually for Everglades projects that 957
1427+implement the Comprehensive Everglades Restoration Plan as set 958
1428+forth in s. 373.470, including the Central Everglades Planning 959
1429+Project subject to congressional authorization; the Long -Term 960
1430+Plan as defined in s. 373.4592(2); and the Northern Everglades 961
1431+and Estuaries Protection Program as set forth in s. 373.4595. 962
1432+From these funds, $32 million shall be distributed each fiscal 963
1433+year through the 2023 -2024 fiscal year to the South Florida 964
1434+Water Management District for the Long -Term Plan as defined in 965
1435+s. 373.4592(2). After deducting the $32 million distributed 966
1436+under this subparagraph, from the funds remaining, a minimum of 967
1437+the lesser of 76.5 percent or $100 million shall be appropriated 968
1438+each fiscal year through the 2025 -2026 fiscal year for the 969
1439+planning, design, enginee ring, and construction of the 970
1440+Comprehensive Everglades Restoration Plan as set forth in s. 971
1441+373.470, including the Central Everglades Planning Project, the 972
1442+Everglades Agricultural Area Storage Reservoir Project, the Lake 973
1443+Okeechobee Watershed Project, the C -43 West Basin Storage 974
1444+Reservoir Project, the Indian River Lagoon -South Project, the 975
1445+
1446+CS/CS/HB 1379 2023
1447+
1448+
1449+
1450+CODING: Words stricken are deletions; words underlined are additions.
1451+hb1379-02-c2
14521452 Page 40 of 95
14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
1457-each fiscal year through the 2025 -2026 fiscal year for the 976
1458-planning, design, engineering, and construction of the 977
1459-Comprehensive Everglades Restoration Plan as set forth in s. 978
1460-373.470, including the Central Everglades Planning Project, the 979
1461-Everglades Agricultural Area Storage Reservoir Project, the Lake 980
1462-Okeechobee Watershed Project, the C -43 West Basin Storage 981
1463-Reservoir Project, the Indian River Lagoon -South Project, the 982
1464-Western Everglades Restoration Project, and the Picayune Strand 983
1465-Restoration Project. The Department of Environmental Protection 984
1466-and the South Florida Water Management District shall give 985
1467-preference to those Everglades restoration projects that reduce 986
1468-harmful discharges of water from Lake Okeechobee to the St. 987
1469-Lucie or Caloosahatchee estuaries in a timely manner. For the 988
1470-purpose of performing the calculation provided in this 989
1471-subparagraph, the amount o f debt service paid pursuant to 990
1472-paragraph (a) for bonds issued after July 1, 2016, for the 991
1473-purposes set forth under this paragraph shall be added to the 992
1474-amount remaining after the payments required under paragraph 993
1475-(a). The amount of the distribution calcul ated shall then be 994
1476-reduced by an amount equal to the debt service paid pursuant to 995
1477-paragraph (a) on bonds issued after July 1, 2016, for the 996
1478-purposes set forth under this subparagraph. 997
1479- 2. A minimum of the lesser of 7.6 percent or $50 million 998
1480-shall be appropriated annually for spring restoration, 999
1481-protection, and management projects. For the purpose of 1000
1482-ENROLLED
1483-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1484-
1485-
1486-
1487-CODING: Words stricken are deletions; words underlined are additions.
1488-hb1379-04-er
1457+Western Everglades Restoration Project, and the Picayune Strand 976
1458+Restoration Project. The Department of Environmental Protection 977
1459+and the South Florida Water Management Distr ict shall give 978
1460+preference to those Everglades restoration projects that reduce 979
1461+harmful discharges of water from Lake Okeechobee to the St. 980
1462+Lucie or Caloosahatchee estuaries in a timely manner. For the 981
1463+purpose of performing the calculation provided in this 982
1464+subparagraph, the amount of debt service paid pursuant to 983
1465+paragraph (a) for bonds issued after July 1, 2016, for the 984
1466+purposes set forth under this paragraph shall be added to the 985
1467+amount remaining after the payments required under paragraph 986
1468+(a). The amount of the distribution calculated shall then be 987
1469+reduced by an amount equal to the debt service paid pursuant to 988
1470+paragraph (a) on bonds issued after July 1, 2016, for the 989
1471+purposes set forth under this subparagraph. 990
1472+ 2. A minimum of the lesser of 7.6 percent o r $50 million 991
1473+shall be appropriated annually for spring restoration, 992
1474+protection, and management projects. For the purpose of 993
1475+performing the calculation provided in this subparagraph, the 994
1476+amount of debt service paid pursuant to paragraph (a) for bonds 995
1477+issued after July 1, 2016, for the purposes set forth under this 996
1478+paragraph shall be added to the amount remaining after the 997
1479+payments required under paragraph (a). The amount of the 998
1480+distribution calculated shall then be reduced by an amount equal 999
1481+to the debt service paid pursuant to paragraph (a) on bonds 1000
1482+
1483+CS/CS/HB 1379 2023
1484+
1485+
1486+
1487+CODING: Words stricken are deletions; words underlined are additions.
1488+hb1379-02-c2
14891489 Page 41 of 95
14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
1494-performing the calculation provided in this subparagraph, the 1001
1495-amount of debt service paid pursuant to paragraph (a) for bonds 1002
1496-issued after July 1, 2016, for the purposes set forth under this 1003
1497-paragraph shall be added to the amount remaining after the 1004
1498-payments required under paragraph (a). The amount of the 1005
1499-distribution calculated shall then be reduced by an amount equal 1006
1500-to the debt service paid pursuant to para graph (a) on bonds 1007
1501-issued after July 1, 2016, for the purposes set forth under this 1008
1502-subparagraph. 1009
1503- 3. The sum of $5 million shall be appropriated annually 1010
1504-each fiscal year through the 2025 -2026 fiscal year to the St. 1011
1505-Johns River Water Management District for projects dedicated to 1012
1506-the restoration of Lake Apopka. This distribution shall be 1013
1507-reduced by an amount equal to the debt service paid pursuant to 1014
1508-paragraph (a) on bonds issued after July 1, 2016, for the 1015
1509-purposes set forth in this subparagraph. 1016
1510- 4. The sum of $64 million is appropriated and shall be 1017
1511-transferred to the Everglades Trust Fund for the 2018 -2019 1018
1512-fiscal year, and each fiscal year thereafter, for the EAA 1019
1513-reservoir project pursuant to s. 373.4598. Any funds remaining 1020
1514-in any fiscal year shall be made available only for Phase II of 1021
1515-the C-51 reservoir project or projects identified in 1022
1516-subparagraph 1. and must be used in accordance with laws 1023
1517-relating to such projects. Any funds made available for such 1024
1518-purposes in a fiscal year are in addition to the amount 1025
1519-ENROLLED
1520-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1521-
1522-
1523-
1524-CODING: Words stricken are deletions; words underlined are additions.
1525-hb1379-04-er
1494+issued after July 1, 2016, for the purposes set forth under this 1001
1495+subparagraph. 1002
1496+ 3. The sum of $5 million shall be appropriated annually 1003
1497+each fiscal year through the 2025 -2026 fiscal year to the St. 1004
1498+Johns River Water Management District for projects dedicated to 1005
1499+the restoration of Lake Apopka. This distribution shall be 1006
1500+reduced by an amount equal to the debt service paid pursuant to 1007
1501+paragraph (a) on bonds issued after July 1, 2016, for the 1008
1502+purposes set forth in t his subparagraph. 1009
1503+ 4. The sum of $64 million is appropriated and shall be 1010
1504+transferred to the Everglades Trust Fund for the 2018 -2019 1011
1505+fiscal year, and each fiscal year thereafter, for the EAA 1012
1506+reservoir project pursuant to s. 373.4598. Any funds remaining 1013
1507+in any fiscal year shall be made available only for Phase II of 1014
1508+the C-51 reservoir project or projects identified in 1015
1509+subparagraph 1. and must be used in accordance with laws 1016
1510+relating to such projects. Any funds made available for such 1017
1511+purposes in a fiscal y ear are in addition to the amount 1018
1512+appropriated under subparagraph 1. This distribution shall be 1019
1513+reduced by an amount equal to the debt service paid pursuant to 1020
1514+paragraph (a) on bonds issued after July 1, 2017, for the 1021
1515+purposes set forth in this subparagrap h. 1022
1516+ 5. The sum of $50 million shall be appropriated annually 1023
1517+to the South Florida Water Management District for the Lake 1024
1518+Okeechobee Watershed Restoration Project in accordance with s. 1025
1519+
1520+CS/CS/HB 1379 2023
1521+
1522+
1523+
1524+CODING: Words stricken are deletions; words underlined are additions.
1525+hb1379-02-c2
15261526 Page 42 of 95
15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
1531-appropriated under subparagraph 1. This distribution shall be 1026
1532-reduced by an amount equal to the debt service paid pursuant to 1027
1533-paragraph (a) on bonds issued after July 1, 2017, for the 1028
1534-purposes set forth in this subparagraph. 1029
1535- 5. The sum of $50 mil lion shall be appropriated annually 1030
1536-to the South Florida Water Management District for the Lake 1031
1537-Okeechobee Watershed Restoration Project in accordance with s. 1032
1538-373.4599. This distribution must be reduced by an amount equal 1033
1539-to the debt service paid pursuant to paragraph (a) on bonds 1034
1540-issued after July 1, 2021, for the purposes set forth in this 1035
1541-subparagraph. 1036
1542- 6. The sum of $100 million shall be appropriated annually 1037
1543-to the Department of Environmental Protection for the 1038
1544-acquisition of land pursuant to s. 259.1 05 Notwithstanding 1039
1545-subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 1040
1546-appropriated as provided in the General Appropriations Act. This 1041
1547-subparagraph expires July 1, 2023 . 1042
1548- Section 11. Present paragraphs (f) through (r) of 1043
1549-subsection (2) of se ction 381.0065, Florida Statutes, are 1044
1550-redesignated as paragraphs (g) through (s), respectively, a new 1045
1551-paragraph (f) is added to that subsection, and paragraph (n) of 1046
1552-subsection (4) of that section is amended, to read: 1047
1553- 381.0065 Onsite sewage treatment and disposal systems; 1048
1554-regulation.— 1049
1555- (2) DEFINITIONS.—As used in ss. 381.0065 -381.0067, the 1050
1556-ENROLLED
1557-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1558-
1559-
1560-
1561-CODING: Words stricken are deletions; words underlined are additions.
1562-hb1379-04-er
1531+373.4599. This distribution must be reduced by an amount equal 1026
1532+to the debt service paid pursuant to paragraph (a) on bonds 1027
1533+issued after July 1, 2021, for the purposes set forth in this 1028
1534+subparagraph. 1029
1535+ 6. The sum of $100 million shall be appropriated annually 1030
1536+to the Department of Environmental Protection for the 1031
1537+acquisition of land pursuant to s. 259.105 Notwithstanding 1032
1538+subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 1033
1539+appropriated as provided in the General Appropriations Act. This 1034
1540+subparagraph expires July 1, 2023 . 1035
1541+ Section 11. Present paragraphs (f) through ( r) of 1036
1542+subsection (2) of section 381.0065, Florida Statutes, are 1037
1543+redesignated as paragraphs (g) through (s), respectively, a new 1038
1544+paragraph (f) is added to that subsection, and paragraph (n) of 1039
1545+subsection (4) of that section is amended, to read: 1040
1546+ 381.0065 Onsite sewage treatment and disposal systems; 1041
1547+regulation.— 1042
1548+ (2) DEFINITIONS.—As used in ss. 381.0065 -381.0067, the 1043
1549+term: 1044
1550+ (f) "Enhanced nutrient -reducing onsite sewage treatment 1045
1551+and disposal system" means an onsite sewage treatment and 1046
1552+disposal system approved by the department as capable of meeting 1047
1553+or exceeding a 50 percent total nitrogen reduction before 1048
1554+disposal of wastewater in the drainfield, or at least 65 percent 1049
1555+total nitrogen reduction combined from onsite sewage tank or 1050
1556+
1557+CS/CS/HB 1379 2023
1558+
1559+
1560+
1561+CODING: Words stricken are deletions; words underlined are additions.
1562+hb1379-02-c2
15631563 Page 43 of 95
15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
1568-term: 1051
1569- (f) "Enhanced nutrient -reducing onsite sewage treatment 1052
1570-and disposal system" means an onsite sewage treatment and 1053
1571-disposal system approved by the department as capable of meeting 1054
1572-or exceeding a 50 percent total nitrogen reduction before 1055
1573-disposal of wastewater in the drainfield, or at least 65 percent 1056
1574-total nitrogen reduction combined from the onsite sewage tank or 1057
1575-tanks and drainfield. 1058
1576- (4) PERMITS; INSTALLATIO N; CONDITIONS.—A person may not 1059
1577-construct, repair, modify, abandon, or operate an onsite sewage 1060
1578-treatment and disposal system without first obtaining a permit 1061
1579-approved by the department. The department may issue permits to 1062
1580-carry out this section, except th at the issuance of a permit for 1063
1581-work seaward of the coastal construction control line 1064
1582-established under s. 161.053 shall be contingent upon receipt of 1065
1583-any required coastal construction control line permit from the 1066
1584-department. A construction permit is valid for 18 months after 1067
1585-the date of issuance and may be extended by the department for 1068
1586-one 90-day period under rules adopted by the department. A 1069
1587-repair permit is valid for 90 days after the date of issuance. 1070
1588-An operating permit must be obtained before the us e of any 1071
1589-aerobic treatment unit or if the establishment generates 1072
1590-commercial waste. Buildings or establishments that use an 1073
1591-aerobic treatment unit or generate commercial waste shall be 1074
1592-inspected by the department at least annually to assure 1075
1593-ENROLLED
1594-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1595-
1596-
1597-
1598-CODING: Words stricken are deletions; words underlined are additions.
1599-hb1379-04-er
1568+tanks and drainfield. 1051
1569+ (4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 1052
1570+construct, repair, modify, abandon, or operate an onsite sewage 1053
1571+treatment and disposal system without first obtaining a permit 1054
1572+approved by the department. The department may issue permits to 1055
1573+carry out this section, except that the issuance of a permit for 1056
1574+work seaward of the coastal construction control line 1057
1575+established under s. 161.053 shall be contingent upon receipt of 1058
1576+any required coastal construction control line permit from the 1059
1577+department. A construction permit is valid for 18 months after 1060
1578+the date of issuance and may be extended by the department for 1061
1579+one 90-day period under rules adopted by the department. A 1062
1580+repair permit is valid for 90 days after the date of issuance. 1063
1581+An operating permit must be obtained before the use of any 1064
1582+aerobic treatment unit or if the establishment generates 1065
1583+commercial waste. Buildings or establishments that use an 1066
1584+aerobic treatment unit or generate commercial waste shall be 1067
1585+inspected by the department at least annually to assure 1068
1586+compliance with the terms of the operating permit. The operating 1069
1587+permit for a commercial wastewater system is valid for 1 year 1070
1588+after the date of issuance and must be renewed annually. The 1071
1589+operating permit for an aerobic treatment unit is valid for 2 1072
1590+years after the date of issuance and must be renewed every 2 1073
1591+years. If all information pertaining to the siting, location, 1074
1592+and installation conditions or repair of an onsite sewage 1075
1593+
1594+CS/CS/HB 1379 2023
1595+
1596+
1597+
1598+CODING: Words stricken are deletions; words underlined are additions.
1599+hb1379-02-c2
16001600 Page 44 of 95
16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
1605-compliance with the terms of the operating permit. The operating 1076
1606-permit for a commercial wastewater system is valid for 1 year 1077
1607-after the date of issuance and must be renewed annually. The 1078
1608-operating permit for an aerobic treatment unit is valid for 2 1079
1609-years after the date of issuance and must be renewed every 2 1080
1610-years. If all information pertaining to the siting, location, 1081
1611-and installation conditions or repair of an onsite sewage 1082
1612-treatment and disposal system remains the same, a construction 1083
1613-or repair permit for the onsite s ewage treatment and disposal 1084
1614-system may be transferred to another person, if the transferee 1085
1615-files, within 60 days after the transfer of ownership, an 1086
1616-amended application providing all corrected information and 1087
1617-proof of ownership of the property. A fee is n ot associated with 1088
1618-the processing of this supplemental information. A person may 1089
1619-not contract to construct, modify, alter, repair, service, 1090
1620-abandon, or maintain any portion of an onsite sewage treatment 1091
1621-and disposal system without being registered under pa rt III of 1092
1622-chapter 489. A property owner who personally performs 1093
1623-construction, maintenance, or repairs to a system serving his or 1094
1624-her own owner-occupied single-family residence is exempt from 1095
1625-registration requirements for performing such construction, 1096
1626-maintenance, or repairs on that residence, but is subject to all 1097
1627-permitting requirements. A municipality or political subdivision 1098
1628-of the state may not issue a building or plumbing permit for any 1099
1629-building that requires the use of an onsite sewage treatment and 1100
1630-ENROLLED
1631-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1632-
1633-
1634-
1635-CODING: Words stricken are deletions; words underlined are additions.
1636-hb1379-04-er
1605+treatment and disposal system remains the same, a construction 1076
1606+or repair permit for the onsite sewage treatment and disposal 1077
1607+system may be transferred to another person, if the transferee 1078
1608+files, within 60 days after the transfer of ownership, an 1079
1609+amended application providing all corrected information and 1080
1610+proof of ownership of t he property. A fee is not associated with 1081
1611+the processing of this supplemental information. A person may 1082
1612+not contract to construct, modify, alter, repair, service, 1083
1613+abandon, or maintain any portion of an onsite sewage treatment 1084
1614+and disposal system without be ing registered under part III of 1085
1615+chapter 489. A property owner who personally performs 1086
1616+construction, maintenance, or repairs to a system serving his or 1087
1617+her own owner-occupied single-family residence is exempt from 1088
1618+registration requirements for performing s uch construction, 1089
1619+maintenance, or repairs on that residence, but is subject to all 1090
1620+permitting requirements. A municipality or political subdivision 1091
1621+of the state may not issue a building or plumbing permit for any 1092
1622+building that requires the use of an onsite sewage treatment and 1093
1623+disposal system unless the owner or builder has received a 1094
1624+construction permit for such system from the department. A 1095
1625+building or structure may not be occupied and a municipality, 1096
1626+political subdivision, or any state or federal agency may not 1097
1627+authorize occupancy until the department approves the final 1098
1628+installation of the onsite sewage treatment and disposal system. 1099
1629+A municipality or political subdivision of the state may not 1100
1630+
1631+CS/CS/HB 1379 2023
1632+
1633+
1634+
1635+CODING: Words stricken are deletions; words underlined are additions.
1636+hb1379-02-c2
16371637 Page 45 of 95
16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
1642-disposal system unless the owner or builder has received a 1101
1643-construction permit for such system from the department. A 1102
1644-building or structure may not be occupied and a municipality, 1103
1645-political subdivision, or any state or federal agency may not 1104
1646-authorize occupancy until the department approves the final 1105
1647-installation of the onsite sewage treatment and disposal system. 1106
1648-A municipality or political subdivision of the state may not 1107
1649-approve any change in occupancy or tenancy of a building that 1108
1650-uses an onsite sewage t reatment and disposal system until the 1109
1651-department has reviewed the use of the system with the proposed 1110
1652-change, approved the change, and amended the operating permit. 1111
1653- (n) Evaluations for determining the seasonal high -water 1112
1654-table elevations or the suitability of soils for the use of a 1113
1655-new onsite sewage treatment and disposal system shall be 1114
1656-performed by department personnel, professional engineers 1115
1657-registered in the state, or such other persons with expertise, 1116
1658-as defined by rule, in making such evaluations. Evaluations for 1117
1659-determining mean annual flood lines shall be performed by those 1118
1660-persons identified in paragraph (2)(l) (2)(k). The department 1119
1661-shall accept evaluations submitted by professional engineers and 1120
1662-such other persons as meet the expertise established by this 1121
1663-section or by rule unless the department has a reasonable 1122
1664-scientific basis for questioning the accuracy or completeness of 1123
1665-the evaluation. 1124
1666- Section 12. Subsection (3) is added to section 381.00655, 1125
1667-ENROLLED
1668-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1669-
1670-
1671-
1672-CODING: Words stricken are deletions; words underlined are additions.
1673-hb1379-04-er
1642+approve any change in occupancy or tenancy of a building that 1101
1643+uses an onsite sewage treatment and disposal system until the 1102
1644+department has reviewed the use of the system with the proposed 1103
1645+change, approved the change, and amended the operating permit. 1104
1646+ (n) Evaluations for determining the seasonal high -water 1105
1647+table elevations or the suitability of soils for the use of a 1106
1648+new onsite sewage treatment and disposal system shall be 1107
1649+performed by department personnel, professional engineers 1108
1650+registered in the stat e, or such other persons with expertise, 1109
1651+as defined by rule, in making such evaluations. Evaluations for 1110
1652+determining mean annual flood lines shall be performed by those 1111
1653+persons identified in paragraph (2)(l) (2)(k). The department 1112
1654+shall accept evaluations submitted by professional engineers and 1113
1655+such other persons as meet the expertise established by this 1114
1656+section or by rule unless the department has a reasonable 1115
1657+scientific basis for questioning the accuracy or completeness of 1116
1658+the evaluation. 1117
1659+ Section 12. Subsection (3) is added to section 381.00655, 1118
1660+Florida Statutes, to read: 1119
1661+ 381.00655 Connection of existing onsite sewage treatment 1120
1662+and disposal systems to central sewerage system; requirements. — 1121
1663+ (3) Local governmental agencies, as defined in s. 1122
1664+403.1835(2), that receive grants or loans from the department to 1123
1665+offset the cost of connecting onsite sewage treatment and 1124
1666+disposal systems to publicly owned or investor -owned sewerage 1125
1667+
1668+CS/CS/HB 1379 2023
1669+
1670+
1671+
1672+CODING: Words stricken are deletions; words underlined are additions.
1673+hb1379-02-c2
16741674 Page 46 of 95
16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
1679-Florida Statutes, to read: 1126
1680- 381.00655 Connection of existing onsite sewage treatment 1127
1681-and disposal systems to central sewerage system; requirements. — 1128
1682- (3) Local governmental agencies, as defined in s. 1129
1683-403.1835(2), that receive grants or loans from the department to 1130
1684-offset the cost of connecting onsite sewage treatment and 1131
1685-disposal systems to publicly owned or investor -owned sewerage 1132
1686-systems are encouraged to do all of the following while such 1133
1687-funds remain available: 1134
1688- (a) Identify the owners of onsite sewage treatmen t and 1135
1689-disposal systems within the jurisdiction of the respective local 1136
1690-governmental agency who are eligible to apply for the grant or 1137
1691-loan funds and notify such owners of the funding availability. 1138
1692- (b) Maintain a publicly available website with informatio n 1139
1693-relating to the availability of the grant or loan funds, 1140
1694-including the amount of funds available and information on how 1141
1695-the owner of an onsite sewage treatment and disposal system may 1142
1696-apply for such funds. 1143
1697- Section 13. Section 403.031, Florida Statute s, is 1144
1698-reordered and amended to read: 1145
1699- 403.031 Definitions. —In construing this chapter, or rules 1146
1700-and regulations adopted pursuant hereto, the following words, 1147
1701-phrases, or terms, unless the context otherwise indicates, have 1148
1702-the following meanings: 1149
1703- (1) "Contaminant" is any substance which is harmful to 1150
1704-ENROLLED
1705-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1706-
1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
1710-hb1379-04-er
1679+systems are encouraged to do all of the following while such 1126
1680+funds remain available: 1127
1681+ (a) Identify the owners of onsite sewage treatment and 1128
1682+disposal systems within the jurisdiction of the respective local 1129
1683+governmental agency who are eligible to apply for the grant or 1130
1684+loan funds and notify such owners of the funding availability. 1131
1685+ (b) Maintain a publicly available website with information 1132
1686+relating to the availability of the grant or loan funds, 1133
1687+including the amount of funds available and information on how 1134
1688+the owner of an onsite sewage treatment and disposal system may 1135
1689+apply for such funds. 1136
1690+ Section 13. Section 403.031, Florida Statutes, is 1137
1691+reordered and amended to read: 1138
1692+ 403.031 Definitions. —In construing this chapter, or rules 1139
1693+and regulations adopted pursuant hereto, the following words, 1140
1694+phrases, or terms, unless the context ot herwise indicates, have 1141
1695+the following meanings: 1142
1696+ (1) "Contaminant" is any substance which is harmful to 1143
1697+plant, animal, or human life. 1144
1698+ (2) "Department" means the Department of Environmental 1145
1699+Protection. 1146
1700+ (3) "Effluent limitations" means any restriction 1147
1701+established by the department on quantities, rates, or 1148
1702+concentrations of chemical, physical, biological, or other 1149
1703+constituents which are discharged from sources into waters of 1150
1704+
1705+CS/CS/HB 1379 2023
1706+
1707+
1708+
1709+CODING: Words stricken are deletions; words underlined are additions.
1710+hb1379-02-c2
17111711 Page 47 of 95
17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17131713
17141714
17151715
1716-plant, animal, or human life. 1151
1717- (2) "Department" means the Department of Environmental 1152
1718-Protection. 1153
1719- (3) "Effluent limitations" means any restriction 1154
1720-established by the department on quantities, rates, or 1155
1721-concentrations of chemical, physical, biological, or other 1156
1722-constituents which are discharged from sources into waters of 1157
1723-the state. 1158
1724- (5) "Enhanced nutrient -reducing onsite sewage treatment 1159
1725-and disposal system" means an onsite sewage treatment and 1160
1726-disposal system approved by the department as capable of meeting 1161
1727-or exceeding a 50 percent total nitrogen reduction before 1162
1728-disposal of wastewater in the drainfield, or at least 65 percent 1163
1729-total nitrogen reduction combined from the onsite sewage tank or 1164
1730-tanks and drainfield. 1165
1731- (6)(4) "Installation" means is any structure, equipment, 1166
1732-or facility, or appurtenances thereto, or operation which may 1167
1733-emit air or water contaminants in quantities prohibited by rules 1168
1734-of the department. 1169
1735- (7) "Nutrient or nutrient -related standards" means water 1170
1736-quality standards and criteria established for total nitrogen 1171
1737-and total phosphorous, or their organic or inorganic forms; 1172
1738-biological variables, such as chlorophyll -a, biomass, or the 1173
1739-structure of the phytoplankton, periphyton, or vascular plant 1174
1740-community, that respond to a nutrient load or concentration in a 1175
1741-ENROLLED
1742-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1743-
1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
1747-hb1379-04-er
1716+the state. 1151
1717+ (5) "Enhanced nutrient -reducing onsite sewage treatment 1152
1718+and disposal system" means an onsite sewage treatment and 1153
1719+disposal system approved by the department as capable of meeting 1154
1720+or exceeding a 50 percent total nitrogen reduction before 1155
1721+disposal of wastewater in the drainfield, or at least 65 percent 1156
1722+total nitrogen reducti on combined from onsite sewage tank or 1157
1723+tanks and drainfield. 1158
1724+ (6)(4) "Installation" means is any structure, equipment, 1159
1725+or facility, or appurtenances thereto, or operation which may 1160
1726+emit air or water contaminants in quantities prohibited by rules 1161
1727+of the department. 1162
1728+ (7) "Nutrient or nutrient -related standards" means water 1163
1729+quality standards and criteria established for total nitrogen 1164
1730+and total phosphorous, or their organic or inorganic forms; 1165
1731+biological variables, such as chlorophyll -a, biomass, or the 1166
1732+structure of the phytoplankton, periphyton, or vascular plant 1167
1733+community, that respond to nutrient load or concentration in a 1168
1734+predictable and measurable manner; or dissolved oxygen if it is 1169
1735+demonstrated for the waterbody that dissolved oxygen conditions 1170
1736+result in a biological imbalance and the dissolved oxygen 1171
1737+responds to a nutrient load or concentration in a predictable 1172
1738+and measurable manner. 1173
1739+ (8) "Onsite sewage treatment and disposal system" means a 1174
1740+system that contains a standard subsurface, filled, or mound 1175
1741+
1742+CS/CS/HB 1379 2023
1743+
1744+
1745+
1746+CODING: Words stricken are deletions; words underlined are additions.
1747+hb1379-02-c2
17481748 Page 48 of 95
17491749 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17501750
17511751
17521752
1753-predictable and measurable manner; or dissolved oxygen if it is 1176
1754-demonstrated for the waterbody that dissolved oxygen conditions 1177
1755-result in a biological imbalance and the dissolved oxygen 1178
1756-responds to a nutrient load or concentration in a predictable 1179
1757-and measurable manner. 1180
1758- (8) "Onsite sewage treatment and disposal system" means a 1181
1759-system that contains a standard subsurface, filled, or mound 1182
1760-drainfield system; an aerobic treatment unit; a graywater system 1183
1761-tank; a laundry wastewater system tank; a septic tank; a grease 1184
1762-interceptor; a pump tank; a solids or effluent pump; a 1185
1763-waterless, incinerating, or organic waste -composting toilet; or 1186
1764-a sanitary pit privy that is installed or proposed to be 1187
1765-installed beyond the building sewer on land of the owner or on 1188
1766-other land to which the owner has the legal right to install a 1189
1767-system. The term includes any item placed within, or intended to 1190
1768-be used as a part of or in conjunction with, the system. The 1191
1769-term does not include package sewage treatment facilities and 1192
1770-other treatment works regulated under chapter 403. 1193
1771- (9)(5) "Person" means the state or any agency or 1194
1772-institution thereof, the United States or any agency or 1195
1773-institution thereof, or any municipality, political subdivision, 1196
1774-public or private corporation, individual, partnership, 1197
1775-association, or other entity and includes any officer or 1198
1776-governing or managing body of the state, the United States, any 1199
1777-agency, any municipality, political subdivision, or public or 1200
1778-ENROLLED
1779-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1780-
1781-
1782-
1783-CODING: Words stricken are deletions; words underlined are additions.
1784-hb1379-04-er
1753+drainfield system; an aerobic treatment unit; a graywater system 1176
1754+tank; a laundry wastewater system tank; a septic tank; a grease 1177
1755+interceptor; a pump tank; a solids or effluent pump; a 1178
1756+waterless, incinerating, or organic waste -composting toilet; or 1179
1757+a sanitary pit privy that is installed or proposed to be 1180
1758+installed beyond the building sewer on land of the owner or on 1181
1759+other land to which the owner has the legal right to install a 1182
1760+system. The term includes any item placed within, or intended to 1183
1761+be used as a part of or in conjunction with, the system. The 1184
1762+term does not include package sewage treatment facilities and 1185
1763+other treatment works regulated under chapter 403. 1186
1764+ (9)(5) "Person" means the state or any agency or 1187
1765+institution thereof, the United States or any agency or 1188
1766+institution thereof, or any municipality, political subdivision, 1189
1767+public or private corporation, individual, partnership, 1190
1768+association, or other entity and includes any officer or 1191
1769+governing or managing body of the state, the United States, any 1192
1770+agency, any municipality, political subdivision, or public or 1193
1771+private corporation. 1194
1772+ (10)(6) "Plant" is any unit operation, complex, area, or 1195
1773+multiple of unit operations that produce, process, or cause to 1196
1774+be processed any materials, the processing of which can , or may, 1197
1775+cause air or water pollution. 1198
1776+ (11)(7) "Pollution" is the presence in the outdoor 1199
1777+atmosphere or waters of the state of any substances, 1200
1778+
1779+CS/CS/HB 1379 2023
1780+
1781+
1782+
1783+CODING: Words stricken are deletions; words underlined are additions.
1784+hb1379-02-c2
17851785 Page 49 of 95
17861786 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17871787
17881788
17891789
1790-private corporation. 1201
1791- (10)(6) "Plant" is any unit operation, complex, area, or 1202
1792-multiple of unit operations that produce, process, or cause to 1203
1793-be processed any materials, the processing of which can, or may, 1204
1794-cause air or water pollution. 1205
1795- (11)(7) "Pollution" is the presence in the outdoor 1206
1796-atmosphere or waters of the state of any substances, 1207
1797-contaminants, noise, or manmade or human -induced impairment of 1208
1798-air or waters or alteration of the chemical, physical, 1209
1799-biological, or radiological integrity of air or water in 1210
1800-quantities or at levels which are or may be potentially harmful 1211
1801-or injurious to human health or welfare, animal or plant life, 1212
1802-or property or which unreasonably interfere with the enjoyment 1213
1803-of life or property, including outdoor recreation unless 1214
1804-authorized by applicable law. 1215
1805- (12)(8) "Pollution prevention" means the steps taken by a 1216
1806-potential generator of contamination or pollution to eliminate 1217
1807-or reduce the contamination or pollution before it is di scharged 1218
1808-into the environment. The term includes nonmandatory steps taken 1219
1809-to use alternative forms of energy, conserve or reduce the use 1220
1810-of energy, substitute nontoxic materials for toxic materials, 1221
1811-conserve or reduce the use of toxic materials and raw mat erials, 1222
1812-reformulate products, modify manufacturing or other processes, 1223
1813-improve in-plant maintenance and operations, implement 1224
1814-environmental planning before expanding a facility, and recycle 1225
1815-ENROLLED
1816-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1817-
1818-
1819-
1820-CODING: Words stricken are deletions; words underlined are additions.
1821-hb1379-04-er
1790+contaminants, noise, or manmade or human -induced impairment of 1201
1791+air or waters or alteration of the chemical, ph ysical, 1202
1792+biological, or radiological integrity of air or water in 1203
1793+quantities or at levels which are or may be potentially harmful 1204
1794+or injurious to human health or welfare, animal or plant life, 1205
1795+or property or which unreasonably interfere with the enjoyment 1206
1796+of life or property, including outdoor recreation unless 1207
1797+authorized by applicable law. 1208
1798+ (12)(8) "Pollution prevention" means the steps taken by a 1209
1799+potential generator of contamination or pollution to eliminate 1210
1800+or reduce the contamination or pollution before it is discharged 1211
1801+into the environment. The term includes nonmandatory steps taken 1212
1802+to use alternative forms of energy, conserve or reduce the use 1213
1803+of energy, substitute nontoxic materials for toxic materials, 1214
1804+conserve or reduce the use of toxic materials an d raw materials, 1215
1805+reformulate products, modify manufacturing or other processes, 1216
1806+improve in-plant maintenance and operations, implement 1217
1807+environmental planning before expanding a facility, and recycle 1218
1808+toxic or other raw materials. 1219
1809+ (14)(9) "Sewerage system" means pipelines or conduits, 1220
1810+pumping stations, and force mains and all other structures, 1221
1811+devices, appurtenances, and facilities used for collecting or 1222
1812+conducting wastes to an ultimate point for treatment or 1223
1813+disposal. 1224
1814+ (15)(10) "Source" means is any and all points of origin of 1225
1815+
1816+CS/CS/HB 1379 2023
1817+
1818+
1819+
1820+CODING: Words stricken are deletions; words underlined are additions.
1821+hb1379-02-c2
18221822 Page 50 of 95
18231823 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18241824
18251825
18261826
1827-toxic or other raw materials. 1226
1828- (14)(9) "Sewerage system" means pi pelines or conduits, 1227
1829-pumping stations, and force mains and all other structures, 1228
1830-devices, appurtenances, and facilities used for collecting or 1229
1831-conducting wastes to an ultimate point for treatment or 1230
1832-disposal. 1231
1833- (15)(10) "Source" means is any and all points of origin of 1232
1834-a contaminant the item defined in subsection (1) , whether 1233
1835-privately or publicly owned or operated. 1234
1836- (21)(11) "Treatment works" and "disposal systems" mean any 1235
1837-plant or other works used for the purpose of treating, 1236
1838-stabilizing, or holding was tes. 1237
1839- (22)(12) "Wastes" means sewage, industrial wastes, and all 1238
1840-other liquid, gaseous, solid, radioactive, or other substances 1239
1841-which may pollute or tend to pollute any waters of the state. 1240
1842- (23)(13) "Waters" include, but are not limited to, rivers, 1241
1843-lakes, streams, springs, impoundments, wetlands, and all other 1242
1844-waters or bodies of water, including fresh, brackish, saline, 1243
1845-tidal, surface, or underground waters. Waters owned entirely by 1244
1846-one person other than the state are included only in regard to 1245
1847-possible discharge on other property or water. Underground 1246
1848-waters include, but are not limited to, all underground waters 1247
1849-passing through pores of rock or soils or flowing through in 1248
1850-channels, whether manmade or natural. Solely for purposes of s. 1249
1851-403.0885, waters of the state also include navigable waters or 1250
1852-ENROLLED
1853-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb1379-04-er
1827+a contaminant the item defined in subsection (1) , whether 1226
1828+privately or publicly owned or operated. 1227
1829+ (21)(11) "Treatment works" and "disposal systems" mean any 1228
1830+plant or other works used for the purpose of treating, 1229
1831+stabilizing, or holding wastes. 1230
1832+ (22)(12) "Wastes" means sewage, industrial wastes, and all 1231
1833+other liquid, gaseous, solid, radioactive, or other subs tances 1232
1834+which may pollute or tend to pollute any waters of the state. 1233
1835+ (23)(13) "Waters" include, but are not limited to, rivers, 1234
1836+lakes, streams, springs, impoundments, wetlands, and all other 1235
1837+waters or bodies of water, including fresh, brackish, saline, 1236
1838+tidal, surface, or underground waters. Waters owned entirely by 1237
1839+one person other than the state are included only in regard to 1238
1840+possible discharge on other property or water. Underground 1239
1841+waters include, but are not limited to, all underground waters 1240
1842+passing through pores of rock or soils or flowing through in 1241
1843+channels, whether manmade or natural. Solely for purposes of s. 1242
1844+403.0885, waters of the state also include navigable waters or 1243
1845+waters of the contiguous zone as used in s. 502 of the Clean 1244
1846+Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 1245
1847+existence on January 1, 1993, except for those navigable waters 1246
1848+seaward of the boundaries of the state set forth in s. 1, Art. 1247
1849+II of the State Constitution. Solely for purposes of this 1248
1850+chapter, waters of the state also include the area bounded by 1249
1851+the following: 1250
1852+
1853+CS/CS/HB 1379 2023
1854+
1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
1858+hb1379-02-c2
18591859 Page 51 of 95
18601860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18611861
18621862
18631863
1864-waters of the contiguous zone as used in s. 502 of the Clean 1251
1865-Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 1252
1866-existence on January 1, 1993, except for those navigable waters 1253
1867-seaward of the boundaries of the state set forth in s. 1, Art. 1254
1868-II of the State Constitution. Solely for purposes of this 1255
1869-chapter, waters of the state also include the area bounded by 1256
1870-the following: 1257
1871- (a) Commence at the intersection of State Road (SRD) 5 1258
1872-(U.S. 1) and the county line dividing Miami-Dade and Monroe 1259
1873-Counties, said point also being the mean high -water line of 1260
1874-Florida Bay, located in section 4, township 60 south, range 39 1261
1875-east of the Tallahassee Meridian for the point of beginning. 1262
1876-From said point of beginning, thence run northwesterly along 1263
1877-said SRD 5 to an intersection with the north line of section 18, 1264
1878-township 58 south, range 39 east; thence run westerly to a point 1265
1879-marking the southeast corner of section 12, township 58 south, 1266
1880-range 37 east, said point also lying on the east boundary of the 1267
1881-Everglades National Park; thence run north along the east 1268
1882-boundary of the aforementioned Everglades National Park to a 1269
1883-point marking the northeast corner of section 1, township 58 1270
1884-south, range 37 east; thence run west along said park to a point 1271
1885-marking the northwest corner of said section 1; thence run 1272
1886-northerly along said park to a point marking the northwest 1273
1887-corner of section 24, township 57 south, range 37 east; thence 1274
1888-run westerly along the south lines of sections 14, 15, and 16 to 1275
1889-ENROLLED
1890-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb1379-04-er
1864+ (a) Commence at the intersection of State Road (SRD) 5 1251
1865+(U.S. 1) and the county line dividing Miami -Dade and Monroe 1252
1866+Counties, said point also being the mean high -water line of 1253
1867+Florida Bay, located in section 4, township 60 south, range 39 1254
1868+east of the Tallahassee Meridian for the point of beginning. 1255
1869+From said point of beginning, thence run northwesterly along 1256
1870+said SRD 5 to an intersection with the north line of section 18, 1257
1871+township 58 south, range 39 east; thence run westerly to a point 1258
1872+marking the southeast corner of section 12, township 58 south, 1259
1873+range 37 east, said point also lying on the east boundary of the 1260
1874+Everglades National Park; thence run north along the east 1261
1875+boundary of the aforementioned Everglades National Park to a 1262
1876+point marking the northeast co rner of section 1, township 58 1263
1877+south, range 37 east; thence run west along said park to a point 1264
1878+marking the northwest corner of said section 1; thence run 1265
1879+northerly along said park to a point marking the northwest 1266
1880+corner of section 24, township 57 south, r ange 37 east; thence 1267
1881+run westerly along the south lines of sections 14, 15, and 16 to 1268
1882+the southwest corner of section 16; thence leaving the 1269
1883+Everglades National Park boundary run northerly along the west 1270
1884+line of section 16 to the northwest corner of sectio n 16; thence 1271
1885+east along the northerly line of section 16 to a point at the 1272
1886+intersection of the east one -half and west one-half of section 1273
1887+9; thence northerly along the line separating the east one -half 1274
1888+and the west one-half of sections 9, 4, 33, and 28; th ence run 1275
1889+
1890+CS/CS/HB 1379 2023
1891+
1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
1895+hb1379-02-c2
18961896 Page 52 of 95
18971897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18981898
18991899
19001900
1901-the southwest corner of section 16; thence leaving the 1276
1902-Everglades National Park boundary run northerly along the west 1277
1903-line of section 16 to the northwest corner of section 16; thence 1278
1904-east along the northerly line of section 16 to a point at the 1279
1901+easterly along the north line of section 28 to the northeast 1276
1902+corner of section 28; thence run northerly along the west line 1277
1903+of section 22 to the northwest corner of section 22; thence 1278
1904+easterly along the north line of section 22 to a point at the 1279
19051905 intersection of the east one -half and west one-half of section 1280
1906-9; thence northerly along the line separating the east one -half 1281
1907-and the west one-half of sections 9, 4, 33, and 28; thence run 1282
1908-easterly along the north line of section 28 to the northeast 1283
1909-corner of section 28; thence run northerly along the west line 1284
1910-of section 22 to the northwest corner of section 22; thence 1285
1911-easterly along the north line of section 22 to a point at the 1286
1912-intersection of the east one -half and west one-half of section 1287
1913-15; thence run northerl y along said line to the point of 1288
1914-intersection with the north line of section 15; thence easterly 1289
1915-along the north line of section 15 to the northeast corner of 1290
1916-section 15; thence run northerly along the west lines of 1291
1917-sections 11 and 2 to the northwest corn er of section 2; thence 1292
1918-run easterly along the north lines of sections 2 and 1 to the 1293
1919-northeast corner of section 1, township 56 south, range 37 east; 1294
1920-thence run north along the east line of section 36, township 55 1295
1921-south, range 37 east to the northeast cor ner of section 36; 1296
1922-thence run west along the north line of section 36 to the 1297
1923-northwest corner of section 36; thence run north along the west 1298
1924-line of section 25 to the northwest corner of section 25; thence 1299
1925-run west along the north line of section 26 to the northwest 1300
1926-ENROLLED
1927-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1928-
1929-
1930-
1931-CODING: Words stricken are deletions; words underlined are additions.
1932-hb1379-04-er
1906+15; thence run northerly along said line to the point of 1281
1907+intersection with the north line of section 15; thence easterly 1282
1908+along the north line of section 15 to the northeast corner of 1283
1909+section 15; thence run northerly along the west lines of 1284
1910+sections 11 and 2 to the northwest corner of section 2; thence 1285
1911+run easterly along the north lines of sections 2 and 1 to the 1286
1912+northeast corner of section 1, township 56 south, range 37 east; 1287
1913+thence run north alo ng the east line of section 36, township 55 1288
1914+south, range 37 east to the northeast corner of section 36; 1289
1915+thence run west along the north line of section 36 to the 1290
1916+northwest corner of section 36; thence run north along the west 1291
1917+line of section 25 to the nort hwest corner of section 25; thence 1292
1918+run west along the north line of section 26 to the northwest 1293
1919+corner of section 26; thence run north along the west line of 1294
1920+section 23 to the northwest corner of section 23; thence run 1295
1921+easterly along the north line of sect ion 23 to the northeast 1296
1922+corner of section 23; thence run north along the west line of 1297
1923+section 13 to the northwest corner of section 13; thence run 1298
1924+east along the north line of section 13 to a point of 1299
1925+intersection with the west line of the southeast one -quarter of 1300
1926+
1927+CS/CS/HB 1379 2023
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb1379-02-c2
19331933 Page 53 of 95
19341934 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19351935
19361936
19371937
1938-corner of section 26; thence run north along the west line of 1301
1939-section 23 to the northwest corner of section 23; thence run 1302
1940-easterly along the north line of section 23 to the northeast 1303
1941-corner of section 23; thence run north along the west line of 1304
1942-section 13 to the northwest corner of section 13; thence run 1305
1943-east along the north line of section 13 to a point of 1306
1944-intersection with the west line of the southeast one -quarter of 1307
1945-section 12; thence run north along the west line of the 1308
1946-southeast one-quarter of section 12 to the northwest corner of 1309
1947-the southeast one-quarter of section 12; thence run east along 1310
1948-the north line of the southeast one -quarter of section 12 to the 1311
1949-point of intersection with the east line of section 12; thence 1312
1950-run east along the sou th line of the northwest one -quarter of 1313
1951-section 7 to the southeast corner of the northwest one -quarter 1314
1952-of section 7; thence run north along the east line of the 1315
1953-northwest one-quarter of section 7 to the point of intersection 1316
1954-with the north line of section 7; thence run northerly along the 1317
1955-west line of the southeast one -quarter of section 6 to the 1318
1956-northwest corner of the southeast one -quarter of section 6; 1319
1957-thence run east along the north lines of the southeast one -1320
1958-quarter of section 6 and the southwest one -quarter of section 5 1321
1959-to the northeast corner of the southwest one -quarter of section 1322
1960-5; thence run northerly along the east line of the northwest 1323
1961-one-quarter of section 5 to the point of intersection with the 1324
1962-north line of section 5; thence run northerly al ong the line 1325
1963-ENROLLED
1964-CS/CS/HB 1379, Engrossed 1 2023 Legislature
1965-
1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
1969-hb1379-04-er
1938+section 12; thence run north along the west line of the 1301
1939+southeast one-quarter of section 12 to the northwest corner of 1302
1940+the southeast one-quarter of section 12; thence run east along 1303
1941+the north line of the southeast one -quarter of section 12 to the 1304
1942+point of intersection with the east line of section 12; thence 1305
1943+run east along the south line of the northwest one -quarter of 1306
1944+section 7 to the southeast corner of the northwest one -quarter 1307
1945+of section 7; thence run north along the east line of the 1308
1946+northwest one-quarter of section 7 to the point of intersection 1309
1947+with the north line of section 7; thence run northerly along the 1310
1948+west line of the southeast one -quarter of section 6 to the 1311
1949+northwest corner of the southeast one -quarter of section 6; 1312
1950+thence run east along the north lines of the southeast one -1313
1951+quarter of section 6 and the southwest one -quarter of section 5 1314
1952+to the northeast corner of the southwest one -quarter of section 1315
1953+5; thence run northerly along the east line of the northwest 1316
1954+one-quarter of section 5 t o the point of intersection with the 1317
1955+north line of section 5; thence run northerly along the line 1318
1956+dividing the east one -half and the west one -half of Lot 5 to a 1319
1957+point intersecting the north line of Lot 5; thence run east 1320
1958+along the north line of Lot 5 to th e northeast corner of Lot 5, 1321
1959+township 54 1/2 south, range 38 east; thence run north along the 1322
1960+west line of section 33, township 54 south, range 38 east to a 1323
1961+point intersecting the northwest corner of the southwest one -1324
1962+quarter of section 33; thence run east erly along the north line 1325
1963+
1964+CS/CS/HB 1379 2023
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb1379-02-c2
19701970 Page 54 of 95
19711971 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19721972
19731973
19741974
1975-dividing the east one -half and the west one -half of Lot 5 to a 1326
1976-point intersecting the north line of Lot 5; thence run east 1327
1977-along the north line of Lot 5 to the northeast corner of Lot 5, 1328
1978-township 54 1/2 south, range 38 east; thence run north a long the 1329
1979-west line of section 33, township 54 south, range 38 east to a 1330
1980-point intersecting the northwest corner of the southwest one -1331
1981-quarter of section 33; thence run easterly along the north line 1332
1982-of the southwest one -quarter of section 33 to the northeast 1333
1983-corner of the southwest one -quarter of section 33; thence run 1334
1984-north along the west line of the northeast one -quarter of 1335
1985-section 33 to a point intersecting the north line of section 33; 1336
1986-thence run easterly along the north line of section 33 to the 1337
1987-northeast corner of section 33; thence run northerly along the 1338
1988-west line of section 27 to a point intersecting the northwest 1339
1989-corner of the southwest one -quarter of section 27; thence run 1340
1990-easterly to the northeast corner of the southwest one -quarter of 1341
1991-section 27; thence run northerly along the west line of the 1342
1992-northeast one-quarter of section 27 to a point intersecting the 1343
1993-north line of section 27; thence run west along the north line 1344
1994-of section 27 to the northwest corner of section 27; thence run 1345
1995-north along the west lines of sections 22 and 15 to the 1346
1996-northwest corner of section 15; thence run easterly along the 1347
1997-north lines of sections 15 and 14 to the point of intersection 1348
1998-with the L-31N Levee, said intersection located near the 1349
1999-southeast corner of section 11, tow nship 54 south, range 38 1350
2000-ENROLLED
2001-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2002-
2003-
2004-
2005-CODING: Words stricken are deletions; words underlined are additions.
2006-hb1379-04-er
1975+of the southwest one -quarter of section 33 to the northeast 1326
1976+corner of the southwest one -quarter of section 33; thence run 1327
1977+north along the west line of the northeast one -quarter of 1328
1978+section 33 to a point intersecting the north line of section 33; 1329
1979+thence run easterly along the north line of section 33 to the 1330
1980+northeast corner of section 33; thence run northerly along the 1331
1981+west line of section 27 to a point intersecting the northwest 1332
1982+corner of the southwest one -quarter of section 27; the nce run 1333
1983+easterly to the northeast corner of the southwest one -quarter of 1334
1984+section 27; thence run northerly along the west line of the 1335
1985+northeast one-quarter of section 27 to a point intersecting the 1336
1986+north line of section 27; thence run west along the north l ine 1337
1987+of section 27 to the northwest corner of section 27; thence run 1338
1988+north along the west lines of sections 22 and 15 to the 1339
1989+northwest corner of section 15; thence run easterly along the 1340
1990+north lines of sections 15 and 14 to the point of intersection 1341
1991+with the L-31N Levee, said intersection located near the 1342
1992+southeast corner of section 11, township 54 south, range 38 1343
1993+east; thence run northerly along Levee L -31N crossing SRD 90 1344
1994+(U.S. 41 Tamiami Trail) to an intersection common to Levees L -1345
1995+31N, L-29, and L-30, said intersection located near the 1346
1996+southeast corner of section 2, township 54 south, range 38 east; 1347
1997+thence run northeasterly, northerly, and northeasterly along 1348
1998+Levee L-30 to a point of intersection with the Miami -1349
1999+Dade/Broward Levee, said intersection locate d near the northeast 1350
2000+
2001+CS/CS/HB 1379 2023
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb1379-02-c2
20072007 Page 55 of 95
20082008 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20092009
20102010
20112011
2012-east; thence run northerly along Levee L -31N crossing SRD 90 1351
2013-(U.S. 41 Tamiami Trail) to an intersection common to Levees L -1352
2014-31N, L-29, and L-30, said intersection located near the 1353
2015-southeast corner of section 2, township 54 south, ra nge 38 east; 1354
2016-thence run northeasterly, northerly, and northeasterly along 1355
2017-Levee L-30 to a point of intersection with the Miami -1356
2018-Dade/Broward Levee, said intersection located near the northeast 1357
2019-corner of section 17, township 52 south, range 39 east; thence 1358
2020-run due east to a point of intersection with SRD 27 (Krome 1359
2021-Ave.); thence run northeasterly along SRD 27 to an intersection 1360
2022-with SRD 25 (U.S. 27), said intersection located in section 3, 1361
2023-township 52 south, range 39 east; thence run northerly along 1362
2024-said SRD 25, entering into Broward County, to an intersection 1363
2025-with SRD 84 at Andytown; thence run southeasterly along the 1364
2026-aforementioned SRD 84 to an intersection with the southwesterly 1365
2027-prolongation of Levee L -35A, said intersection being located in 1366
2028-the northeast one-quarter of section 5, township 50 south, range 1367
2029-40 east; thence run northeasterly along Levee L -35A to an 1368
2030-intersection of Levee L -36, said intersection located near the 1369
2031-southeast corner of section 12, township 49 south, range 40 1370
2032-east; thence run northerly along Levee L-36, entering into Palm 1371
2033-Beach County, to an intersection common to said Levees L -36, L-1372
2034-39, and L-40, said intersection located near the west quarter 1373
2035-corner of section 19, township 47 south, range 41 east; thence 1374
2036-run northeasterly, easterly, a nd northerly along Levee L -40, 1375
2037-ENROLLED
2038-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2039-
2040-
2041-
2042-CODING: Words stricken are deletions; words underlined are additions.
2043-hb1379-04-er
2012+corner of section 17, township 52 south, range 39 east; thence 1351
2013+run due east to a point of intersection with SRD 27 (Krome 1352
2014+Ave.); thence run northeasterly along SRD 27 to an intersection 1353
2015+with SRD 25 (U.S. 27), said intersection located in section 3, 1354
2016+township 52 south, range 39 east; thence run northerly along 1355
2017+said SRD 25, entering into Broward County, to an intersection 1356
2018+with SRD 84 at Andytown; thence run southeasterly along the 1357
2019+aforementioned SRD 84 to an intersection with the southwest erly 1358
2020+prolongation of Levee L -35A, said intersection being located in 1359
2021+the northeast one-quarter of section 5, township 50 south, range 1360
2022+40 east; thence run northeasterly along Levee L -35A to an 1361
2023+intersection of Levee L -36, said intersection located near the 1362
2024+southeast corner of section 12, township 49 south, range 40 1363
2025+east; thence run northerly along Levee L -36, entering into Palm 1364
2026+Beach County, to an intersection common to said Levees L -36, L-1365
2027+39, and L-40, said intersection located near the west quarter 1366
2028+corner of section 19, township 47 south, range 41 east; thence 1367
2029+run northeasterly, easterly, and northerly along Levee L -40, 1368
2030+said Levee L-40 being the easterly boundary of the Loxahatchee 1369
2031+National Wildlife Refuge, to an intersection with SRD 80 (U.S. 1370
2032+441), said intersection located near the southeast corner of 1371
2033+section 32, township 43 south, range 40 east; thence run 1372
2034+westerly along the aforementioned SRD 80 to a point marking the 1373
2035+intersection of said road and the northeasterly prolongation of 1374
2036+Levee L-7, said Levee L-7 being the westerly boundary of the 1375
2037+
2038+CS/CS/HB 1379 2023
2039+
2040+
2041+
2042+CODING: Words stricken are deletions; words underlined are additions.
2043+hb1379-02-c2
20442044 Page 56 of 95
20452045 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20462046
20472047
20482048
2049-said Levee L-40 being the easterly boundary of the Loxahatchee 1376
2050-National Wildlife Refuge, to an intersection with SRD 80 (U.S. 1377
2051-441), said intersection located near the southeast corner of 1378
2052-section 32, township 43 south, range 4 0 east; thence run 1379
2053-westerly along the aforementioned SRD 80 to a point marking the 1380
2054-intersection of said road and the northeasterly prolongation of 1381
2055-Levee L-7, said Levee L-7 being the westerly boundary of the 1382
2056-Loxahatchee National Wildlife Refuge; thence run southwesterly 1383
2057-and southerly along said Levee L -7 to an intersection common to 1384
2058-Levees L-7, L-15 (Hillsborough Canal), and L -6; thence run 1385
2059-southwesterly along Levee L -6 to an intersection common to Levee 1386
2060-L-6, SRD 25 (U.S. 27), and Levee L -5, said intersection being 1387
2061-located near the northwest corner of section 27, township 47 1388
2062-south, range 38 east; thence run westerly along the 1389
2063-aforementioned Levee L -5 to a point intersecting the east line 1390
2064-of range 36 east; thence run northerly along said range line to 1391
2065-a point marking the northeast corner of section 1, township 47 1392
2066-south, range 36 east; thence run westerly along the north line 1393
2067-of township 47 south, to an intersection with Levee L -23/24 1394
2068-(Miami Canal); thence run northwesterly along the Miami Canal 1395
2069-Levee to a point intersecting the north line of section 22, 1396
2070-township 46 south, range 35 east; thence run westerly to a point 1397
2071-marking the northwest corner of section 21, township 46 south, 1398
2072-range 35 east; thence run southerly to the southwest corner of 1399
2073-said section 21; the nce run westerly to a point marking the 1400
2074-ENROLLED
2075-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2076-
2077-
2078-
2079-CODING: Words stricken are deletions; words underlined are additions.
2080-hb1379-04-er
2049+Loxahatchee National Wildlife Refuge; thence run southwesterly 1376
2050+and southerly along said Levee L -7 to an intersection common to 1377
2051+Levees L-7, L-15 (Hillsborough Canal), and L -6; thence run 1378
2052+southwesterly along Levee L -6 to an intersection common to Levee 1379
2053+L-6, SRD 25 (U.S. 27), and Levee L -5, said intersection being 1380
2054+located near the northwest corner of section 27, township 47 1381
2055+south, range 38 east; thence run westerly along the 1382
2056+aforementioned Levee L -5 to a point intersecting the east line 1383
2057+of range 36 east; thence run northerly along said range line to 1384
2058+a point marking the northeast corner of section 1, township 47 1385
2059+south, range 36 east; thence run westerly along the north line 1386
2060+of township 47 south, to an intersection with Levee L-23/24 1387
2061+(Miami Canal); thence run northwesterly along the Miami Canal 1388
2062+Levee to a point intersecting the north line of section 22, 1389
2063+township 46 south, range 35 east; thence run westerly to a point 1390
2064+marking the northwest corner of section 21, township 46 south , 1391
2065+range 35 east; thence run southerly to the southwest corner of 1392
2066+said section 21; thence run westerly to a point marking the 1393
2067+northwest corner of section 30, township 46 south, range 35 1394
2068+east, said point also being on the line dividing Palm Beach and 1395
2069+Hendry Counties; from said point, thence run southerly along 1396
2070+said county line to a point marking the intersection of Broward, 1397
2071+Hendry, and Collier Counties, said point also being the 1398
2072+northeast corner of section 1, township 49 south, range 34 east; 1399
2073+thence run westerly along the line dividing Hendry and Collier 1400
2074+
2075+CS/CS/HB 1379 2023
2076+
2077+
2078+
2079+CODING: Words stricken are deletions; words underlined are additions.
2080+hb1379-02-c2
20812081 Page 57 of 95
20822082 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20832083
20842084
20852085
2086-northwest corner of section 30, township 46 south, range 35 1401
2087-east, said point also being on the line dividing Palm Beach and 1402
2088-Hendry Counties; from said point, thence run southerly along 1403
2089-said county line to a point mar king the intersection of Broward, 1404
2090-Hendry, and Collier Counties, said point also being the 1405
2091-northeast corner of section 1, township 49 south, range 34 east; 1406
2092-thence run westerly along the line dividing Hendry and Collier 1407
2093-Counties and continuing along the prol ongation thereof to a 1408
2094-point marking the southwest corner of section 36, township 48 1409
2095-south, range 29 east; thence run southerly to a point marking 1410
2096-the southwest corner of section 12, township 49 south, range 29 1411
2097-east; thence run westerly to a point marking t he southwest 1412
2098-corner of section 10, township 49 south, range 29 east; thence 1413
2099-run southerly to a point marking the southwest corner of section 1414
2100-15, township 49 south, range 29 east; thence run westerly to a 1415
2101-point marking the northwest corner of section 24, to wnship 49 1416
2102-south, range 28 east, said point lying on the west boundary of 1417
2103-the Big Cypress Area of Critical State Concern as described in 1418
2104-rule 28-25.001, Florida Administrative Code; thence run 1419
2105-southerly along said boundary crossing SRD 84 (Alligator Alley) 1420
2106-to a point marking the southwest corner of section 24, township 1421
2107-50 south, range 28 east; thence leaving the aforementioned west 1422
2108-boundary of the Big Cypress Area of Critical State Concern run 1423
2109-easterly to a point marking the northeast corner of section 25, 1424
2110-township 50 south, range 28 east; thence run southerly along the 1425
2111-ENROLLED
2112-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2113-
2114-
2115-
2116-CODING: Words stricken are deletions; words underlined are additions.
2117-hb1379-04-er
2086+Counties and continuing along the prolongation thereof to a 1401
2087+point marking the southwest corner of section 36, township 48 1402
2088+south, range 29 east; thence run southerly to a point marking 1403
2089+the southwest corner of s ection 12, township 49 south, range 29 1404
2090+east; thence run westerly to a point marking the southwest 1405
2091+corner of section 10, township 49 south, range 29 east; thence 1406
2092+run southerly to a point marking the southwest corner of section 1407
2093+15, township 49 south, range 2 9 east; thence run westerly to a 1408
2094+point marking the northwest corner of section 24, township 49 1409
2095+south, range 28 east, said point lying on the west boundary of 1410
2096+the Big Cypress Area of Critical State Concern as described in 1411
2097+rule 28-25.001, Florida Administrat ive Code; thence run 1412
2098+southerly along said boundary crossing SRD 84 (Alligator Alley) 1413
2099+to a point marking the southwest corner of section 24, township 1414
2100+50 south, range 28 east; thence leaving the aforementioned west 1415
2101+boundary of the Big Cypress Area of Critica l State Concern run 1416
2102+easterly to a point marking the northeast corner of section 25, 1417
2103+township 50 south, range 28 east; thence run southerly along the 1418
2104+east line of range 28 east to a point lying approximately 0.15 1419
2105+miles south of the northeast corner of secti on 1, township 52 1420
2106+south, range 28 east; thence run southwesterly 2.4 miles more or 1421
2107+less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), 1422
2108+said intersection lying 1.1 miles more or less west of the east 1423
2109+line of range 28 east; thence run northwesterly and westerly 1424
2110+along SRD 90 to an intersection with the west line of section 1425
2111+
2112+CS/CS/HB 1379 2023
2113+
2114+
2115+
2116+CODING: Words stricken are deletions; words underlined are additions.
2117+hb1379-02-c2
21182118 Page 58 of 95
21192119 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21202120
21212121
21222122
2123-east line of range 28 east to a point lying approximately 0.15 1426
2124-miles south of the northeast corner of section 1, township 52 1427
2125-south, range 28 east; thence run southwesterly 2.4 miles more or 1428
2126-less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), 1429
2127-said intersection lying 1.1 miles more or less west of the east 1430
2128-line of range 28 east; thence run northwesterly and westerly 1431
2129-along SRD 90 to an intersection with the west line of section 1432
2130-10, township 52 south, range 28 east; thence leaving SRD 90 run 1433
2131-southerly to a point marking the southwest corner of section 15, 1434
2132-township 52 south, range 28 east; thence run westerly crossing 1435
2133-the Faka Union Canal 0.6 miles more or less to a point; thence 1436
2134-run southerly and parallel to the Faka Union Canal to a point 1437
2135-located on the mean high -water line of Faka Union Bay; thence 1438
2136-run southeasterly along the mean high -water line of the various 1439
2137-bays, rivers, inlets, and streams to the point of beginning. 1440
2138- (b) The area bounded by the line described in paragraph 1441
2139-(a) generally includes those waters to be known as waters of the 1442
2140-state. The landward extent of these waters shall be determined 1443
2141-by the delineation methodology ratified in s. 373.4211. Any 1444
2142-waters which are outside the general boundary line described in 1445
2143-paragraph (a) but which are contiguous thereto by virtue of the 1446
2144-presence of a wetland, watercourse, or other surface water, as 1447
2145-determined by the delineation methodology ratified in s. 1448
2146-373.4211, shall be a part of this waterbody water body. Any 1449
2147-areas within the line described in paragraph (a) which are 1450
2148-ENROLLED
2149-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2150-
2151-
2152-
2153-CODING: Words stricken are deletions; words underlined are additions.
2154-hb1379-04-er
2123+10, township 52 south, range 28 east; thence leaving SRD 90 run 1426
2124+southerly to a point marking the southwest corner of section 15, 1427
2125+township 52 south, range 28 east; thence run westerl y crossing 1428
2126+the Faka Union Canal 0.6 miles more or less to a point; thence 1429
2127+run southerly and parallel to the Faka Union Canal to a point 1430
2128+located on the mean high -water line of Faka Union Bay; thence 1431
2129+run southeasterly along the mean high -water line of the va rious 1432
2130+bays, rivers, inlets, and streams to the point of beginning. 1433
2131+ (b) The area bounded by the line described in paragraph 1434
2132+(a) generally includes those waters to be known as waters of the 1435
2133+state. The landward extent of these waters shall be determined 1436
2134+by the delineation methodology ratified in s. 373.4211. Any 1437
2135+waters which are outside the general boundary line described in 1438
2136+paragraph (a) but which are contiguous thereto by virtue of the 1439
2137+presence of a wetland, watercourse, or other surface water, as 1440
2138+determined by the delineation methodology ratified in s. 1441
2139+373.4211, shall be a part of this waterbody water body. Any 1442
2140+areas within the line described in paragraph (a) which are 1443
2141+neither a wetland nor surface water, as determined by the 1444
2142+delineation methodology ratifi ed in s. 373.4211, shall be 1445
2143+excluded therefrom. If the Florida Environmental Regulation 1446
2144+Commission designates the waters within the boundaries an 1447
2145+Outstanding Florida Water, waters outside the boundaries may 1448
2146+shall not be included as part of such designation unless a 1449
2147+hearing is held pursuant to notice in each appropriate county 1450
2148+
2149+CS/CS/HB 1379 2023
2150+
2151+
2152+
2153+CODING: Words stricken are deletions; words underlined are additions.
2154+hb1379-02-c2
21552155 Page 59 of 95
21562156 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21572157
21582158
21592159
2160-neither a wetland nor surface water, as determined by the 1451
2161-delineation methodology ratified in s. 373.4211, shall be 1452
2162-excluded therefrom. If the Florida Environmental Regulati on 1453
2163-Commission designates the waters within the boundaries an 1454
2164-Outstanding Florida Water, waters outside the boundaries may 1455
2165-shall not be included as part of such designation unless a 1456
2166-hearing is held pursuant to notice in each appropriate county 1457
2167-and the boundaries of such lands are specifically considered and 1458
2168-described for such designation. 1459
2169- (16)(14) "State water resource implementation rule" means 1460
2170-the rule authorized by s. 373.036, which sets forth goals, 1461
2171-objectives, and guidance for the development and revi ew of 1462
2172-programs, rules, and plans relating to water resources, based on 1463
2173-statutory policies and directives. The waters of the state are 1464
2174-among its most basic resources. Such waters should be managed to 1465
2175-conserve and protect water resources and to realize the f ull 1466
2176-beneficial use of these resources. 1467
2177- (17)(15) "Stormwater management program" means the 1468
2178-institutional strategy for stormwater management, including 1469
2179-urban, agricultural, and other stormwater. 1470
2180- (18)(16) "Stormwater management system" means a system 1471
2181-which is designed and constructed or implemented to control 1472
2182-discharges that which are necessitated by rainfall events, 1473
2183-incorporating methods to collect, convey, store, absorb, 1474
2184-inhibit, treat, use, or reuse water to prevent or reduce 1475
2185-ENROLLED
2186-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2187-
2188-
2189-
2190-CODING: Words stricken are deletions; words underlined are additions.
2191-hb1379-04-er
2160+and the boundaries of such lands are specifically considered and 1451
2161+described for such designation. 1452
2162+ (16)(14) "State water resource implementation rule" means 1453
2163+the rule authorized by s. 3 73.036, which sets forth goals, 1454
2164+objectives, and guidance for the development and review of 1455
2165+programs, rules, and plans relating to water resources, based on 1456
2166+statutory policies and directives. The waters of the state are 1457
2167+among its most basic resources. Such waters should be managed to 1458
2168+conserve and protect water resources and to realize the full 1459
2169+beneficial use of these resources. 1460
2170+ (17)(15) "Stormwater management program" means the 1461
2171+institutional strategy for stormwater management, including 1462
2172+urban, agricultural, and other stormwater. 1463
2173+ (18)(16) "Stormwater management system" means a system 1464
2174+which is designed and constructed or implemented to control 1465
2175+discharges that which are necessitated by rainfall events, 1466
2176+incorporating methods to collect, convey, store, absorb, 1467
2177+inhibit, treat, use, or reuse water to prevent or reduce 1468
2178+flooding, overdrainage, environmental degradation and water 1469
2179+pollution or otherwise affect the quantity and quality of 1470
2180+discharges from the system. 1471
2181+ (19)(17) "Stormwater utility" means the funding of a 1472
2182+stormwater management program by assessing the cost of the 1473
2183+program to the beneficiaries based on their relative 1474
2184+contribution to its need. It is operated as a typical utility 1475
2185+
2186+CS/CS/HB 1379 2023
2187+
2188+
2189+
2190+CODING: Words stricken are deletions; words underlined are additions.
2191+hb1379-02-c2
21922192 Page 60 of 95
21932193 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21942194
21952195
21962196
2197-flooding, overdrainage, env ironmental degradation and water 1476
2198-pollution or otherwise affect the quantity and quality of 1477
2199-discharges from the system. 1478
2200- (19)(17) "Stormwater utility" means the funding of a 1479
2201-stormwater management program by assessing the cost of the 1480
2202-program to the beneficiaries based on their relative 1481
2203-contribution to its need. It is operated as a typical utility 1482
2204-which bills services regularly, similar to water and wastewater 1483
2205-services. 1484
2206- (24)(18) "Watershed" means the land area that which 1485
2207-contributes to the flow of water into a receiving body of water. 1486
2208- (13)(19) "Regulated air pollutant" means any pollutant 1487
2209-regulated under the federal Clean Air Act. 1488
2210- (4)(20) "Electrical power plant" means, for purposes of 1489
2211-this part of this chapter, any electrical gene rating facility 1490
2212-that uses any process or fuel and that is owned or operated by 1491
2213-an electric utility, as defined in s. 403.503(14), and includes 1492
2214-any associated facility that directly supports the operation of 1493
2215-the electrical power plant. 1494
2216- (20)(21) "Total maximum daily load" is defined as the sum 1495
2217-of the individual wasteload allocations for point sources and 1496
2218-the load allocations for nonpoint sources and natural 1497
2219-background. Prior to determining individual wasteload 1498
2220-allocations and load allocations, the maximum a mount of a 1499
2221-pollutant that a waterbody water body or water segment can 1500
2222-ENROLLED
2223-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2224-
2225-
2226-
2227-CODING: Words stricken are deletions; words underlined are additions.
2228-hb1379-04-er
2197+which bills services regularly, similar to water and wastewater 1476
2198+services. 1477
2199+ (24)(18) "Watershed" means the land area that which 1478
2200+contributes to the flow of water into a receiving body of water. 1479
2201+ (13)(19) "Regulated air pollutant" means any pollutant 1480
2202+regulated under the federal Clean Air Act. 1481
2203+ (4)(20) "Electrical power plant" means, for purposes of 1482
2204+this part of this chapter, any electrical generating facility 1483
2205+that uses any process or fuel and that is owned or operated by 1484
2206+an electric utility, as defined in s. 403.503(14), and includes 1485
2207+any associated facility that directly supports the operation of 1486
2208+the electrical power plant. 1487
2209+ (20)(21) "Total maximum daily load" is defined as the sum 1488
2210+of the individual wasteload allocations for point sources and 1489
2211+the load allocations for nonpoint sources and natural 1490
2212+background. Prior to determining indivi dual wasteload 1491
2213+allocations and load allocations, the maximum amount of a 1492
2214+pollutant that a waterbody water body or water segment can 1493
2215+assimilate from all sources without exceeding water quality 1494
2216+standards must first be calculated. 1495
2217+ Section 14. Paragraphs (a) and (e) of subsection (7) of 1496
2218+section 403.067, Florida Statutes, are amended to read: 1497
2219+ 403.067 Establishment and implementation of total maximum 1498
2220+daily loads.— 1499
2221+ (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1500
2222+
2223+CS/CS/HB 1379 2023
2224+
2225+
2226+
2227+CODING: Words stricken are deletions; words underlined are additions.
2228+hb1379-02-c2
22292229 Page 61 of 95
22302230 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22312231
22322232
22332233
2234-assimilate from all sources without exceeding water quality 1501
2235-standards must first be calculated. 1502
2236- Section 14. Paragraphs (a) and (e) of subsection (7) of 1503
2237-section 403.067, Florida Statutes, are amended to read: 1504
2238- 403.067 Establishment and implementation of total maximum 1505
2239-daily loads.— 1506
2240- (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1507
2241-IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 1508
2242- (a) Basin management action plans. — 1509
2243- 1. In developing and implementing the total maximum daily 1510
2244-load for a waterbody water body, the department, or the 1511
2245-department in conjunction with a water management district, may 1512
2246-develop a basin management action plan that addresses some or 1513
2247-all of the watersheds and basins tributary to the waterbody 1514
2248-water body. Such plan must integrate the appropriate management 1515
2249-strategies available to the state through existing water quality 1516
2250-protection programs to achieve the total maximum daily loads and 1517
2251-may provide for phased implementati on of these management 1518
2252-strategies to promote timely, cost -effective actions as provided 1519
2253-for in s. 403.151. The plan must establish a schedule 1520
2254-implementing the management strategies, establish a basis for 1521
2255-evaluating the plan's effectiveness, and identify fe asible 1522
2256-funding strategies for implementing the plan's management 1523
2257-strategies. The management strategies may include regional 1524
2258-treatment systems or other public works, when appropriate, and 1525
2259-ENROLLED
2260-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2261-
2262-
2263-
2264-CODING: Words stricken are deletions; words underlined are additions.
2265-hb1379-04-er
2234+IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 1501
2235+ (a) Basin management action plans. — 1502
2236+ 1. In developing and implementing the total maximum daily 1503
2237+load for a waterbody water body, the department, or the 1504
2238+department in conjunction with a water management district, may 1505
2239+develop a basin management action pla n that addresses some or 1506
2240+all of the watersheds and basins tributary to the waterbody 1507
2241+water body. Such plan must integrate the appropriate management 1508
2242+strategies available to the state through existing water quality 1509
2243+protection programs to achieve the total m aximum daily loads and 1510
2244+may provide for phased implementation of these management 1511
2245+strategies to promote timely, cost -effective actions as provided 1512
2246+for in s. 403.151. The plan must establish a schedule 1513
2247+implementing the management strategies, establish a basi s for 1514
2248+evaluating the plan's effectiveness, and identify feasible 1515
2249+funding strategies for implementing the plan's management 1516
2250+strategies. The management strategies may include regional 1517
2251+treatment systems or other public works, when appropriate, and 1518
2252+voluntary trading of water quality credits to achieve the needed 1519
2253+pollutant load reductions. 1520
2254+ 2. A basin management action plan must equitably allocate, 1521
2255+pursuant to paragraph (6)(b), pollutant reductions to individual 1522
2256+basins, as a whole to all basins, or to each iden tified point 1523
2257+source or category of nonpoint sources, as appropriate. For 1524
2258+nonpoint sources for which best management practices have been 1525
2259+
2260+CS/CS/HB 1379 2023
2261+
2262+
2263+
2264+CODING: Words stricken are deletions; words underlined are additions.
2265+hb1379-02-c2
22662266 Page 62 of 95
22672267 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22682268
22692269
22702270
2271-voluntary trading of water quality credits to achieve the needed 1526
2272-pollutant load reductions. 1527
2273- 2. A basin management action plan must equitably allocate, 1528
2274-pursuant to paragraph (6)(b), pollutant reductions to individual 1529
2275-basins, as a whole to all basins, or to each identified point 1530
2276-source or category of nonpoint sources, as ap propriate. For 1531
2277-nonpoint sources for which best management practices have been 1532
2278-adopted, the initial requirement specified by the plan must be 1533
2279-those practices developed pursuant to paragraph (c). When 1534
2280-appropriate, the plan may take into account the benefits of 1535
2281-pollutant load reduction achieved by point or nonpoint sources 1536
2282-that have implemented management strategies to reduce pollutant 1537
2283-loads, including best management practices, before the 1538
2284-development of the basin management action plan. The plan must 1539
2285-also identify the mechanisms that will address potential future 1540
2286-increases in pollutant loading. 1541
2287- 3. The basin management action planning process is 1542
2288-intended to involve the broadest possible range of interested 1543
2289-parties, with the objective of encouraging the greate st amount 1544
2290-of cooperation and consensus possible. In developing a basin 1545
2291-management action plan, the department shall assure that key 1546
2292-stakeholders, including, but not limited to, applicable local 1547
2293-governments, water management districts, the Department of 1548
2294-Agriculture and Consumer Services, other appropriate state 1549
2295-agencies, local soil and water conservation districts, 1550
2296-ENROLLED
2297-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2298-
2299-
2300-
2301-CODING: Words stricken are deletions; words underlined are additions.
2302-hb1379-04-er
2271+adopted, the initial requirement specified by the plan must be 1526
2272+those practices developed pursuant to paragraph (c). When 1527
2273+appropriate, the plan may take into account the benefits of 1528
2274+pollutant load reduction achieved by point or nonpoint sources 1529
2275+that have implemented management strategies to reduce pollutant 1530
2276+loads, including best management practices, before the 1531
2277+development of the basin management action plan. The plan must 1532
2278+also identify the mechanisms that will address potential future 1533
2279+increases in pollutant loading. 1534
2280+ 3. The basin management action planning process is 1535
2281+intended to involve the broadest possible range of intere sted 1536
2282+parties, with the objective of encouraging the greatest amount 1537
2283+of cooperation and consensus possible. In developing a basin 1538
2284+management action plan, the department shall assure that key 1539
2285+stakeholders, including, but not limited to, applicable local 1540
2286+governments, water management districts, the Department of 1541
2287+Agriculture and Consumer Services, other appropriate state 1542
2288+agencies, local soil and water conservation districts, 1543
2289+environmental groups, regulated interests, and affected 1544
2290+pollution sources, are invited to participate in the process. 1545
2291+The department shall hold at least one public meeting in the 1546
2292+vicinity of the watershed or basin to discuss and receive 1547
2293+comments during the planning process and shall otherwise 1548
2294+encourage public participation to the greatest pr acticable 1549
2295+extent. Notice of the public meeting must be published in a 1550
2296+
2297+CS/CS/HB 1379 2023
2298+
2299+
2300+
2301+CODING: Words stricken are deletions; words underlined are additions.
2302+hb1379-02-c2
23032303 Page 63 of 95
23042304 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23052305
23062306
23072307
2308-environmental groups, regulated interests, and affected 1551
2309-pollution sources, are invited to participate in the process. 1552
2310-The department shall hold a t least one public meeting in the 1553
2311-vicinity of the watershed or basin to discuss and receive 1554
2312-comments during the planning process and shall otherwise 1555
2313-encourage public participation to the greatest practicable 1556
2314-extent. Notice of the public meeting must be pub lished in a 1557
2315-newspaper of general circulation in each county in which the 1558
2316-watershed or basin lies at least 5 days, but not more than 15 1559
2317-days, before the public meeting. A basin management action plan 1560
2318-does not supplant or otherwise alter any assessment made under 1561
2319-subsection (3) or subsection (4) or any calculation or initial 1562
2320-allocation. 1563
2321- 4. Each new or revised basin management action plan must 1564
2322-shall include all of the following : 1565
2323- a. The appropriate management strategies available through 1566
2324-existing water quality protection programs to achieve total 1567
2325-maximum daily loads, which may provide for phased implementation 1568
2326-to promote timely, cost -effective actions as provided for in s. 1569
2327-403.151.; 1570
2328- b. A description of best management practices adopted by 1571
2329-rule.; 1572
2330- c. For the applicable 5-year implementation milestone, a 1573
2331-list of projects that will achieve the pollutant load reductions 1574
2332-needed to meet the total maximum daily load or the load 1575
2333-ENROLLED
2334-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2335-
2336-
2337-
2338-CODING: Words stricken are deletions; words underlined are additions.
2339-hb1379-04-er
2308+newspaper of general circulation in each county in which the 1551
2309+watershed or basin lies at least 5 days, but not more than 15 1552
2310+days, before the public meeting. A basin management action plan 1553
2311+does not supplant or otherwise alter any assessment made under 1554
2312+subsection (3) or subsection (4) or any calculation or initial 1555
2313+allocation. 1556
2314+ 4. Each new or revised basin management action plan must 1557
2315+shall include all of the following : 1558
2316+ a. The appropriate m anagement strategies available through 1559
2317+existing water quality protection programs to achieve total 1560
2318+maximum daily loads, which may provide for phased implementation 1561
2319+to promote timely, cost -effective actions as provided for in s. 1562
2320+403.151.; 1563
2321+ b. A description of best management practices adopted by 1564
2322+rule.; 1565
2323+ c. For the applicable 5 -year implementation milestone, a 1566
2324+list of projects that will achieve the pollutant load reductions 1567
2325+needed to meet the total maximum daily load or the load 1568
2326+allocations established purs uant to subsection (6). Each project 1569
2327+must include a planning -level cost estimate and an estimated 1570
2328+date of completion. A list of projects in priority ranking with 1571
2329+a planning-level cost estimate and estimated date of completion 1572
2330+for each listed project; 1573
2331+ d. A list of projects developed pursuant to paragraph (e), 1574
2332+if applicable. 1575
2333+
2334+CS/CS/HB 1379 2023
2335+
2336+
2337+
2338+CODING: Words stricken are deletions; words underlined are additions.
2339+hb1379-02-c2
23402340 Page 64 of 95
23412341 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23422342
23432343
23442344
2345-allocations established pursuant to subsection (6). Each project 1576
2346-must include a planni ng-level cost estimate and an estimated 1577
2347-date of completion. A list of projects in priority ranking with 1578
2348-a planning-level cost estimate and estimated date of completion 1579
2349-for each listed project; 1580
2350- d. A list of projects developed pursuant to paragraph (e), 1581
2351-if applicable. 1582
2352- e.d. The source and amount of financial assistance to be 1583
2353-made available by the department, a water management district, 1584
2354-or other entity for each listed project, if applicable .; and 1585
2355- f.e. A planning-level estimate of each listed project's 1586
2356-expected load reduction, if applicable. 1587
2357- 5. The department shall adopt all or any part of a basin 1588
2358-management action plan and any amendment to such plan by 1589
2359-secretarial order pursuant to chapter 120 to implement this 1590
2360-section. 1591
2361- 6. The basin management action plan must include 5-year 1592
2362-milestones for implementation and water quality improvement, and 1593
2363-an associated water quality monitoring component sufficient to 1594
2364-evaluate whether reasonable progress in pollutant load 1595
2365-reductions is being achieved over time. An asses sment of 1596
2366-progress toward these milestones shall be conducted every 5 1597
2367-years, and revisions to the plan shall be made as appropriate. 1598
2368-Any entity with a specific pollutant load reduction requirement 1599
2369-established in a basin management action plan shall identify the 1600
2370-ENROLLED
2371-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2372-
2373-
2374-
2375-CODING: Words stricken are deletions; words underlined are additions.
2376-hb1379-04-er
2345+ e.d. The source and amount of financial assistance to be 1576
2346+made available by the department, a water management district, 1577
2347+or other entity for each listed project, if applicable .; and 1578
2348+ f.e. A planning-level estimate of each listed project's 1579
2349+expected load reduction, if applicable. 1580
2350+ 5. The department shall adopt all or any part of a basin 1581
2351+management action plan and any amendment to such plan by 1582
2352+secretarial order pursuant to chapter 120 to implement this 1583
2353+section. 1584
2354+ 6. The basin management action plan must include 5-year 1585
2355+milestones for implementation and water quality improvement, and 1586
2356+an associated water quality monitoring component sufficient to 1587
2357+evaluate whether reasonable progress in pollu tant load 1588
2358+reductions is being achieved over time. An assessment of 1589
2359+progress toward these milestones shall be conducted every 5 1590
2360+years, and revisions to the plan shall be made as appropriate. 1591
2361+Any entity with a specific pollutant load reduction requirement 1592
2362+established in a basin management action plan shall identify the 1593
2363+projects or strategies that such entity will undertake to meet 1594
2364+current 5-year pollution reduction milestones, beginning with 1595
2365+the first 5-year milestone for new basin management action 1596
2366+plans, and submit such projects to the department for inclusion 1597
2367+in the appropriate basin management action plan. Each project 1598
2368+identified must include an estimated amount of nutrient 1599
2369+reduction that is reasonably expected to be achieved based on 1600
2370+
2371+CS/CS/HB 1379 2023
2372+
2373+
2374+
2375+CODING: Words stricken are deletions; words underlined are additions.
2376+hb1379-02-c2
23772377 Page 65 of 95
23782378 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23792379
23802380
23812381
2382-projects or strategies that such entity will undertake to meet 1601
2383-current 5-year pollution reduction milestones, beginning with 1602
2384-the first 5-year milestone for new basin management action 1603
2385-plans, and submit such projects to the department for inclusion 1604
2386-in the appropriate basin management action plan. Each project 1605
2387-identified must include an estimated amount of nutrient 1606
2388-reduction that is reasonably expected to be achieved based on 1607
2389-the best scientific information available. Revisions to the 1608
2390-basin management action plan shall be made by the department in 1609
2391-cooperation with basin stakeholders. Revisions to the management 1610
2392-strategies required for nonpoint sources must follow the 1611
2393-procedures in subparagraph (c)4. Revised basin management action 1612
2394-plans must be adopted pu rsuant to subparagraph 5. 1613
2395- 7. In accordance with procedures adopted by rule under 1614
2396-paragraph (9)(c), basin management action plans, and other 1615
2397-pollution control programs under local, state, or federal 1616
2398-authority as provided in subsection (4), may allow point or 1617
2399-nonpoint sources that will achieve greater pollutant reductions 1618
2400-than required by an adopted total maximum daily load or 1619
2401-wasteload allocation to generate, register, and trade water 1620
2402-quality credits for the excess reductions to enable other 1621
2403-sources to achieve their allocation; however, the generation of 1622
2404-water quality credits does not remove the obligation of a source 1623
2405-or activity to meet applicable technology requirements or 1624
2406-adopted best management practices. Such plans must allow trading 1625
2407-ENROLLED
2408-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2409-
2410-
2411-
2412-CODING: Words stricken are deletions; words underlined are additions.
2413-hb1379-04-er
2382+the best scientific i nformation available. Revisions to the 1601
2383+basin management action plan shall be made by the department in 1602
2384+cooperation with basin stakeholders. Revisions to the management 1603
2385+strategies required for nonpoint sources must follow the 1604
2386+procedures in subparagraph (c)4 . Revised basin management action 1605
2387+plans must be adopted pursuant to subparagraph 5. 1606
2388+ 7. In accordance with procedures adopted by rule under 1607
2389+paragraph (9)(c), basin management action plans, and other 1608
2390+pollution control programs under local, state, or federa l 1609
2391+authority as provided in subsection (4), may allow point or 1610
2392+nonpoint sources that will achieve greater pollutant reductions 1611
2393+than required by an adopted total maximum daily load or 1612
2394+wasteload allocation to generate, register, and trade water 1613
2395+quality credits for the excess reductions to enable other 1614
2396+sources to achieve their allocation; however, the generation of 1615
2397+water quality credits does not remove the obligation of a source 1616
2398+or activity to meet applicable technology requirements or 1617
2399+adopted best management p ractices. Such plans must allow trading 1618
2400+between NPDES permittees, and trading that may or may not 1619
2401+involve NPDES permittees, where the generation or use of the 1620
2402+credits involve an entity or activity not subject to department 1621
2403+water discharge permits whose own er voluntarily elects to obtain 1622
2404+department authorization for the generation and sale of credits. 1623
2405+ 8. The department's rule relating to the equitable 1624
2406+abatement of pollutants into surface waters do not apply to 1625
2407+
2408+CS/CS/HB 1379 2023
2409+
2410+
2411+
2412+CODING: Words stricken are deletions; words underlined are additions.
2413+hb1379-02-c2
24142414 Page 66 of 95
24152415 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24162416
24172417
24182418
2419-between NPDES permittees, and trading that may or may not 1626
2420-involve NPDES permittees, where the generation or use of the 1627
2421-credits involve an entity or activity not subject to department 1628
2422-water discharge permits whose owner voluntarily elects to obtain 1629
2423-department authorization f or the generation and sale of credits. 1630
2424- 8. The department's rule relating to the equitable 1631
2425-abatement of pollutants into surface waters do not apply to 1632
2426-water bodies or waterbody water body segments for which a basin 1633
2427-management plan that takes into account future new or expanded 1634
2428-activities or discharges has been adopted under this section. 1635
2429- 9. In order to promote resilient wastewater utilities, if 1636
2430-the department identifies domestic wastewater treatment 1637
2431-facilities or onsite sewage treatment and disposal syst ems as 1638
2432-contributors of at least 20 percent of point source or nonpoint 1639
2433-source nutrient pollution or if the department determines 1640
2434-remediation is necessary to achieve the total maximum daily 1641
2435-load, a basin management action plan for a nutrient total 1642
2436-maximum daily load must include the following: 1643
2437- a. A wastewater treatment plan developed by each local 1644
2438-government, in cooperation with the department, the water 1645
2439-management district, and the public and private domestic 1646
2440-wastewater treatment facilities within the jur isdiction of the 1647
2441-local government, that addresses domestic wastewater. The 1648
2442-wastewater treatment plan must: 1649
2443- (I) Provide for construction, expansion, or upgrades 1650
2444-ENROLLED
2445-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2446-
2447-
2448-
2449-CODING: Words stricken are deletions; words underlined are additions.
2450-hb1379-04-er
2419+water bodies or waterbody water body segments for which a basin 1626
2420+management plan that takes into account future new or expanded 1627
2421+activities or discharges has been adopted under this section. 1628
2422+ 9. In order to promote resilient wastewater utilities, if 1629
2423+the department identifies domestic wastewater treatment 1630
2424+facilities or onsite sewage treatment and disposal systems as 1631
2425+contributors of at least 20 percent of point source or nonpoint 1632
2426+source nutrient pollution or if the department determines 1633
2427+remediation is necessary to achieve the total maximum daily 1634
2428+load, a basin management action plan for a nutrient total 1635
2429+maximum daily load must include the following: 1636
2430+ a. A wastewater treatment plan developed by each local 1637
2431+government, in cooperation with the department, the water 1638
2432+management district, and the public an d private domestic 1639
2433+wastewater treatment facilities within the jurisdiction of the 1640
2434+local government, that addresses domestic wastewater. The 1641
2435+wastewater treatment plan must: 1642
2436+ (I) Provide for construction, expansion, or upgrades 1643
2437+necessary to achieve the tota l maximum daily load requirements 1644
2438+applicable to the domestic wastewater treatment facility. 1645
2439+ (II) Include the permitted capacity in average annual 1646
2440+gallons per day for the domestic wastewater treatment facility; 1647
2441+the average nutrient concentration and the e stimated average 1648
2442+nutrient load of the domestic wastewater; a projected timeline 1649
2443+of the dates by which the construction of any facility 1650
2444+
2445+CS/CS/HB 1379 2023
2446+
2447+
2448+
2449+CODING: Words stricken are deletions; words underlined are additions.
2450+hb1379-02-c2
24512451 Page 67 of 95
24522452 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24532453
24542454
24552455
2456-necessary to achieve the total maximum daily load requirements 1651
2457-applicable to the domestic wast ewater treatment facility. 1652
2458- (II) Include the permitted capacity in average annual 1653
2459-gallons per day for the domestic wastewater treatment facility; 1654
2460-the average nutrient concentration and the estimated average 1655
2461-nutrient load of the domestic wastewater; a proj ected timeline 1656
2462-of the dates by which the construction of any facility 1657
2463-improvements will begin and be completed and the date by which 1658
2464-operations of the improved facility will begin; the estimated 1659
2465-cost of the improvements; and the identity of responsible 1660
2466-parties. 1661
2467- 1662
2468-The wastewater treatment plan must be adopted as part of the 1663
2469-basin management action plan no later than July 1, 2025. A local 1664
2470-government that does not have a domestic wastewater treatment 1665
2471-facility in its jurisdiction is not required to develop a 1666
2472-wastewater treatment plan unless there is a demonstrated need to 1667
2473-establish a domestic wastewater treatment facility within its 1668
2474-jurisdiction to improve water quality necessary to achieve a 1669
2475-total maximum daily load. A local government is not responsible 1670
2476-for a private domestic wastewater facility's compliance with a 1671
2477-basin management action plan unless such facility is operated 1672
2478-through a public-private partnership to which the local 1673
2479-government is a party. 1674
2480- b. An onsite sewage treatment and disposal system 1675
2481-ENROLLED
2482-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2483-
2484-
2485-
2486-CODING: Words stricken are deletions; words underlined are additions.
2487-hb1379-04-er
2456+improvements will begin and be completed and the date by which 1651
2457+operations of the improved facility will begin; the estima ted 1652
2458+cost of the improvements; and the identity of responsible 1653
2459+parties. 1654
2460+ 1655
2461+The wastewater treatment plan must be adopted as part of the 1656
2462+basin management action plan no later than July 1, 2025. A local 1657
2463+government that does not have a domestic wastewater treatm ent 1658
2464+facility in its jurisdiction is not required to develop a 1659
2465+wastewater treatment plan unless there is a demonstrated need to 1660
2466+establish a domestic wastewater treatment facility within its 1661
2467+jurisdiction to improve water quality necessary to achieve a 1662
2468+total maximum daily load. A local government is not responsible 1663
2469+for a private domestic wastewater facility's compliance with a 1664
2470+basin management action plan unless such facility is operated 1665
2471+through a public-private partnership to which the local 1666
2472+government is a party. 1667
2473+ b. An onsite sewage treatment and disposal system 1668
2474+remediation plan developed by each local government in 1669
2475+cooperation with the department, the Department of Health, water 1670
2476+management districts, and public and private domestic wastewater 1671
2477+treatment facilities. 1672
2478+ (I) The onsite sewage treatment and disposal system 1673
2479+remediation plan must identify cost -effective and financially 1674
2480+feasible projects necessary to achieve the nutrient load 1675
2481+
2482+CS/CS/HB 1379 2023
2483+
2484+
2485+
2486+CODING: Words stricken are deletions; words underlined are additions.
2487+hb1379-02-c2
24882488 Page 68 of 95
24892489 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24902490
24912491
24922492
2493-remediation plan developed by each local government in 1676
2494-cooperation with the department, the Department of Health, water 1677
2495-management districts, and public and private domestic wastewater 1678
2496-treatment facilities. 1679
2497- (I) The onsite sewage treatment and disposal sy stem 1680
2498-remediation plan must identify cost -effective and financially 1681
2499-feasible projects necessary to achieve the nutrient load 1682
2500-reductions required for onsite sewage treatment and disposal 1683
2501-systems. To identify cost -effective and financially feasible 1684
2502-projects for remediation of onsite sewage treatment and disposal 1685
2503-systems, the local government shall: 1686
2504- (A) Include an inventory of onsite sewage treatment and 1687
2505-disposal systems based on the best information available; 1688
2506- (B) Identify onsite sewage treatment and dispo sal systems 1689
2507-that would be eliminated through connection to existing or 1690
2508-future central domestic wastewater infrastructure in the 1691
2509-jurisdiction or domestic wastewater service area of the local 1692
2510-government, that would be replaced with or upgraded to enhanced 1693
2511-nutrient-reducing onsite sewage treatment and disposal systems, 1694
2512-or that would remain on conventional onsite sewage treatment and 1695
2513-disposal systems; 1696
2514- (C) Estimate the costs of potential onsite sewage 1697
2515-treatment and disposal system connections, upgrades, or 1698
2516-replacements; and 1699
2517- (D) Identify deadlines and interim milestones for the 1700
2518-ENROLLED
2519-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2520-
2521-
2522-
2523-CODING: Words stricken are deletions; words underlined are additions.
2524-hb1379-04-er
2493+reductions required for onsite sewage treatment and disposal 1676
2494+systems. To identify cost-effective and financially feasible 1677
2495+projects for remediation of onsite sewage treatment and disposal 1678
2496+systems, the local government shall: 1679
2497+ (A) Include an inventory of onsite sewage treatment and 1680
2498+disposal systems based on the best information a vailable; 1681
2499+ (B) Identify onsite sewage treatment and disposal systems 1682
2500+that would be eliminated through connection to existing or 1683
2501+future central domestic wastewater infrastructure in the 1684
2502+jurisdiction or domestic wastewater service area of the local 1685
2503+government, that would be replaced with or upgraded to enhanced 1686
2504+nutrient-reducing onsite sewage treatment and disposal systems, 1687
2505+or that would remain on conventional onsite sewage treatment and 1688
2506+disposal systems; 1689
2507+ (C) Estimate the costs of potential onsite sewage 1690
2508+treatment and disposal system connections, upgrades, or 1691
2509+replacements; and 1692
2510+ (D) Identify deadlines and interim milestones for the 1693
2511+planning, design, and construction of projects. 1694
2512+ (II) The department shall adopt the onsite sewage 1695
2513+treatment and disposal syst em remediation plan as part of the 1696
2514+basin management action plan no later than July 1, 2025, or as 1697
2515+required for Outstanding Florida Springs under s. 373.807. 1698
2516+ 10. The installation of new onsite sewage treatment and 1699
2517+disposal systems constructed within a bas in management action 1700
2518+
2519+CS/CS/HB 1379 2023
2520+
2521+
2522+
2523+CODING: Words stricken are deletions; words underlined are additions.
2524+hb1379-02-c2
25252525 Page 69 of 95
25262526 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25272527
25282528
25292529
2530-planning, design, and construction of projects. 1701
2531- (II) The department shall adopt the onsite sewage 1702
2532-treatment and disposal system remediation plan as part of the 1703
2533-basin management action plan no later than July 1, 2025, or as 1704
2534-required for Outstanding Florida Springs under s. 373.807. 1705
2535- 10. The installation of new onsite sewage treatment and 1706
2536-disposal systems constructed within a basin management action 1707
2537-plan area adopted under this section, a reasonable assurance 1708
2538-plan, or a pollution reduction plan is prohibited where 1709
2539-connection to a publicly owned or investor -owned sewerage system 1710
2540-is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1711
2541-or less within a basin management action plan a dopted under this 1712
2542-section, a reasonable assurance plan, or a pollution reduction 1713
2543-plan where a publicly owned or investor -owned sewerage system is 1714
2544-not available, the installation of enhanced nutrient -reducing 1715
2545-onsite sewage treatment and disposal systems or other wastewater 1716
2546-treatment systems that achieve at least 65 percent nitrogen 1717
2547-reduction is required. 1718
2548- 11.10. When identifying wastewater projects in a basin 1719
2549-management action plan, the department may not require the 1720
2550-higher cost option if it achieves the sa me nutrient load 1721
2551-reduction as a lower cost option. A regulated entity may choose 1722
2552-a different cost option if it complies with the pollutant 1723
2553-reduction requirements of an adopted total maximum daily load 1724
2554-and meets or exceeds the pollution reduction requiremen t of the 1725
2555-ENROLLED
2556-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2557-
2558-
2559-
2560-CODING: Words stricken are deletions; words underlined are additions.
2561-hb1379-04-er
2530+plan area adopted under this section, a reasonable assurance 1701
2531+plan, or a pollution reduction plan is prohibited where 1702
2532+connection to a publicly owned or investor -owned sewerage system 1703
2533+is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1704
2534+or less within a basin management action plan adopted under this 1705
2535+section, a reasonable assurance plan, or a pollution reduction 1706
2536+plan where a publicly owned or investor -owned sewerage system is 1707
2537+not available, the installation of enhanced nutrient -reducing 1708
2538+onsite sewage treatment and disposal systems or other wastewater 1709
2539+treatment systems that achieve at least 65 percent nitrogen 1710
2540+reduction is required. 1711
2541+ 11.10. When identifying wastewater projects in a basin 1712
2542+management action plan, the department ma y not require the 1713
2543+higher cost option if it achieves the same nutrient load 1714
2544+reduction as a lower cost option. A regulated entity may choose 1715
2545+a different cost option if it complies with the pollutant 1716
2546+reduction requirements of an adopted total maximum daily lo ad 1717
2547+and meets or exceeds the pollution reduction requirement of the 1718
2548+original project. 1719
2549+ 12. Annually, local governments subject to a basin 1720
2550+management action plan or located within the basin of a 1721
2551+waterbody not attaining nutrient or nutrient -related standards 1722
2552+must provide to the department an update on the status of 1723
2553+construction of sanitary sewers to serve such areas, in a manner 1724
2554+prescribed by the department. 1725
2555+
2556+CS/CS/HB 1379 2023
2557+
2558+
2559+
2560+CODING: Words stricken are deletions; words underlined are additions.
2561+hb1379-02-c2
25622562 Page 70 of 95
25632563 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25642564
25652565
25662566
2567-original project. 1726
2568- 12. Annually, local governments subject to a basin 1727
2569-management action plan or located within the basin of a 1728
2570-waterbody not attaining nutrient or nutrient -related standards 1729
2571-must provide to the department an update on the status of 1730
2572-construction of sanitary sewers to serve such areas, in a manner 1731
2573-prescribed by the department. 1732
2574- (e) Cooperative agricultural regional water quality 1733
2575-improvement element. — 1734
2576- 1. The department and, the Department of Agriculture and 1735
2577-Consumer Services, in cooperation with and owners of 1736
2578-agricultural operations in the basin , shall develop a 1737
2579-cooperative agricultural regional water quality improvement 1738
2580-element as part of a basin management action plan where only if: 1739
2581- a. Agricultural measures have been adopted by t he 1740
2582-Department of Agriculture and Consumer Services pursuant to 1741
2583-subparagraph (c)2. and have been implemented and the water body 1742
2584-remains impaired; 1743
2585- b. Agricultural nonpoint sources contribute to at least 20 1744
2586-percent of nonpoint source nutrient discharges; or and 1745
2587- b.c. The department determines that additional measures, 1746
2588-in combination with state -sponsored regional projects and other 1747
2589-management strategies included in the basin management action 1748
2590-plan, are necessary to achieve the total maximum daily load. 1749
2591- 2. The element will be implemented through the use of 1750
2592-ENROLLED
2593-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2594-
2595-
2596-
2597-CODING: Words stricken are deletions; words underlined are additions.
2598-hb1379-04-er
2567+ (e) Cooperative agricultural regional water quality 1726
2568+improvement element. — 1727
2569+ 1. The department and, the Department of Agriculture and 1728
2570+Consumer Services, in cooperation with and owners of 1729
2571+agricultural operations in the basin , shall develop a 1730
2572+cooperative agricultural regional water quality improvement 1731
2573+element as part of a basin management action plan where only if: 1732
2574+ a. Agricultural measures have been adopted by the 1733
2575+Department of Agriculture and Consumer Services pursuant to 1734
2576+subparagraph (c)2. and have been implemented and the water body 1735
2577+remains impaired; 1736
2578+ b. Agricultural nonpoint sources contribute to at l east 20 1737
2579+percent of nonpoint source nutrient discharges; or and 1738
2580+ b.c. The department determines that additional measures, 1739
2581+in combination with state -sponsored regional projects and other 1740
2582+management strategies included in the basin management action 1741
2583+plan, are necessary to achieve the total maximum daily load. 1742
2584+ 2. The element will be implemented through the use of 1743
2585+cost-effective and technically and financially practical 1744
2586+regional agricultural nutrient reduction cost-sharing projects 1745
2587+and. The element must include a list of such projects submitted 1746
2588+to the department by the Department of Agriculture and Consumer 1747
2589+Services which, in combination with the best management 1748
2590+practices, additional measures, and other management strategies, 1749
2591+will achieve the needed pollutant load reductions established 1750
2592+
2593+CS/CS/HB 1379 2023
2594+
2595+
2596+
2597+CODING: Words stricken are deletions; words underlined are additions.
2598+hb1379-02-c2
25992599 Page 71 of 95
26002600 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26012601
26022602
26032603
2604-cost-effective and technically and financially practical 1751
2605-regional agricultural nutrient reduction cost-sharing projects 1752
2606-and. The element must include a list of such projects submitted 1753
2607-to the department by the Department of Agriculture and Consumer 1754
2608-Services which, in combination with the best management 1755
2609-practices, additional measures, and other management strategies, 1756
2610-will achieve the needed pollutant load reductions established 1757
2611-for agricultural nonpoint sour ces cost-effective and technically 1758
2612-and financially practical cooperative regional agricultural 1759
2613-nutrient reduction projects that can be implemented on private 1760
2614-properties on a site -specific, cooperative basis . Such 1761
2615-cooperative regional agricultural nutrient reduction projects 1762
2616-may include, but are not limited to, land acquisition in fee or 1763
2617-conservation easements on the lands of willing sellers and site -1764
2618-specific water quality improvement or dispersed water management 1765
2619-projects. The list of regional projects incl uded in the 1766
2620-cooperative agricultural regional water quality improvement 1767
2621-element must include a planning -level cost estimate of each 1768
2622-project along with the estimated amount of nutrient reduction 1769
2623-that such project will achieve on the lands of project 1770
2624-participants. 1771
2625- 3. To qualify for participation in the cooperative 1772
2626-agricultural regional water quality improvement element, the 1773
2627-participant must have already implemented and be in compliance 1774
2628-with best management practices or other measures adopted by the 1775
2629-ENROLLED
2630-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2631-
2632-
2633-
2634-CODING: Words stricken are deletions; words underlined are additions.
2635-hb1379-04-er
2604+for agricultural nonpoint sources cost-effective and technically 1751
2605+and financially practical cooperative regional agricultural 1752
2606+nutrient reduction projects that can be implemented on private 1753
2607+properties on a site -specific, cooperative basis. Such 1754
2608+cooperative regional agricultural nutrient reduction projects 1755
2609+may include, but are not limited to, land acquisition in fee or 1756
2610+conservation easements on the lands of willing sellers and site -1757
2611+specific water quality improvement or dispersed water management 1758
2612+projects. The list of regional projects included in the 1759
2613+cooperative agricultural regional water qua lity improvement 1760
2614+element must include a planning -level cost estimate of each 1761
2615+project along with the estimated amount of nutrient reduction 1762
2616+that such project will achieve on the lands of project 1763
2617+participants. 1764
2618+ 3. To qualify for participation in the coopera tive 1765
2619+agricultural regional water quality improvement element, the 1766
2620+participant must have already implemented and be in compliance 1767
2621+with best management practices or other measures adopted by the 1768
2622+Department of Agriculture and Consumer Services pursuant to 1769
2623+subparagraph (c)2. The element must may be included in the basin 1770
2624+management action plan as a part of the next 5 -year assessment 1771
2625+under subparagraph (a)6. 1772
2626+ 4. The department or the Department of Agriculture and 1773
2627+Consumer Services may submit a legislative budget request to 1774
2628+fund projects developed pursuant to this paragraph. In 1775
2629+
2630+CS/CS/HB 1379 2023
2631+
2632+
2633+
2634+CODING: Words stricken are deletions; words underlined are additions.
2635+hb1379-02-c2
26362636 Page 72 of 95
26372637 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26382638
26392639
26402640
2641-Department of Agriculture and Consumer Services pursuant to 1776
2642-subparagraph (c)2. The element must may be included in the basin 1777
2643-management action plan as a part of the next 5 -year assessment 1778
2644-under subparagraph (a)6. 1779
2645- 4. The department or the Department of Agricultur e and 1780
2646-Consumer Services may submit a legislative budget request to 1781
2647-fund projects developed pursuant to this paragraph. In 1782
2648-allocating funds for projects funded pursuant to this paragraph, 1783
2649-the department shall provide at least 20 percent of its annual 1784
2650-appropriation for projects in subbasins with the highest 1785
2651-nutrient concentrations within a basin management action plan. 1786
2652-Projects submitted pursuant to this paragraph are eligible for 1787
2653-funding in accordance with s. 403.0673. 1788
2654- Section 15. Section 403.0673, Flori da Statutes, is amended 1789
2655-to read: 1790
2656- 403.0673 Water quality improvement Wastewater grant 1791
2657-program.—A wastewater grant program is established within the 1792
2658-Department of Environmental Protection to address wastewater, 1793
2659-stormwater, and agricultural sources of nutri ent loading to 1794
2660-surface water or groundwater . 1795
2661- (1) The purpose of the grant program is to fund projects 1796
2662-that will improve the quality of waterbodies that: 1797
2663- (a) Are not attaining nutrient or nutrient -related 1798
2664-standards; 1799
2665- (b) Have an established total maxim um daily load; or 1800
2666-ENROLLED
2667-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2668-
2669-
2670-
2671-CODING: Words stricken are deletions; words underlined are additions.
2672-hb1379-04-er
2641+allocating funds for projects funded pursuant to this paragraph, 1776
2642+the department shall provide at least 20 percent of its annual 1777
2643+appropriation for projects in subbasins with the highest 1778
2644+nutrient concentrations within a basin management action plan. 1779
2645+Projects submitted pursuant to this paragraph are eligible for 1780
2646+funding in accordance with s. 403.0673. 1781
2647+ Section 15. Section 403.0673, Florida Statutes, is amended 1782
2648+to read: 1783
2649+ 403.0673 Water quality improvement Wastewater grant 1784
2650+program.—A wastewater grant program is established within the 1785
2651+Department of Environmental Protection to address wastewater, 1786
2652+stormwater, and agricultural sources of nutrient loading to 1787
2653+surface water or groundwater . 1788
2654+ (1) The purpose of the grant program is to fund projects 1789
2655+that will improve the quality of waterbodies that: 1790
2656+ (a) Are not attaining nutrient or nutrient -related 1791
2657+standards; 1792
2658+ (b) Have an established total maximum daily load; or 1793
2659+ (c) Are located Subject to the appropriation of funds by 1794
2660+the Legislature, the department may provide grants for the 1795
2661+following projects within a basin management action plan area, a 1796
2662+reasonable assurance plan area an alternative restoration plan 1797
2663+adopted by final order, an accepted alternative restoration plan 1798
2664+area, or a rural area of opportunity under s. 288.0656 . 1799
2665+ (2) The department may provide grants for all of the 1800
2666+
2667+CS/CS/HB 1379 2023
2668+
2669+
2670+
2671+CODING: Words stricken are deletions; words underlined are additions.
2672+hb1379-02-c2
26732673 Page 73 of 95
26742674 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26752675
26762676
26772677
2678- (c) Are located Subject to the appropriation of funds by 1801
2679-the Legislature, the department may provide grants for the 1802
2680-following projects within a basin management action plan area, a 1803
2681-reasonable assurance plan area an alternative restorati on plan 1804
2682-adopted by final order, an accepted alternative restoration plan 1805
2683-area, or a rural area of opportunity under s. 288.0656 . 1806
2684- (2) The department may provide grants for all of the 1807
2685-following types of projects that reduce the amount of nutrients 1808
2686-entering those waterbodies identified in subsection (1): 1809
2687- (a) Connecting onsite sewage treatment and disposal 1810
2688-systems to central sewer facilities. 1811
2689- (b) Upgrading domestic wastewater treatment facilities to 1812
2690-advanced waste treatment or greater. 1813
2691- (c) Repairing, upgrading, expanding, or constructing 1814
2692-stormwater treatment facilities that result in improvements to 1815
2693-surface water or groundwater quality. 1816
2694- (d) Repairing, upgrading, expanding, or constructing 1817
2695-domestic wastewater treatment facilities that result in 1818
2696-improvements to surface water or groundwater quality, including 1819
2697-domestic wastewater reuse and collection systems. 1820
2698- (e) Projects identified pursuant to s. 403.067(7)(a) or 1821
2699-(7)(e). 1822
2700- (f) Projects identified in a wastewater treatment plan or 1823
2701-an onsite sewage treatment and disposal system remediation plan 1824
2702-developed pursuant to s. 403.067(7)(a)9.a. and b. 1825
2703-ENROLLED
2704-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2705-
2706-
2707-
2708-CODING: Words stricken are deletions; words underlined are additions.
2709-hb1379-04-er
2678+following types of projects that reduce the amount of nutrients 1801
2679+entering those waterbodies identified in subsection (1): 1802
2680+ (a) Connecting onsite sewage treatment and disposal 1803
2681+systems to central sewer facilities. 1804
2682+ (b) Upgrading domestic wastewater treatment facilities to 1805
2683+advanced waste treatment or greater. 1806
2684+ (c) Repairing, upgrading, expanding, or constructing 1807
2685+stormwater treatment facilities that result in improvements to 1808
2686+surface water or groundwater quality. 1809
2687+ (d) Repairing, upgrading, expanding, or constructing 1810
2688+domestic wastewater treatment facilities that result in 1811
2689+improvements to surface water or groundwater quality, inclu ding 1812
2690+domestic wastewater reuse and collection systems. 1813
2691+ (e) Projects identified pursuant to s. 403.067(7)(a) or 1814
2692+(7)(e). 1815
2693+ (f) Projects identified in a wastewater treatment plan or 1816
2694+an onsite sewage treatment and disposal system remediation plan 1817
2695+developed pursuant to s. 403.067(7)(a)9.a. and b. 1818
2696+ (g) Projects listed in a city or county capital 1819
2697+improvement element pursuant to s. 163.3177(3)(a)4.b. 1820
2698+ (h) Retrofitting onsite sewage treatment and disposal 1821
2699+systems to upgrade such systems to enhanced nutrient -reducing 1822
2700+onsite sewage treatment and disposal systems where central 1823
2701+sewerage is unavailable which will individually or collectively 1824
2702+reduce excess nutrient pollution: 1825
2703+
2704+CS/CS/HB 1379 2023
2705+
2706+
2707+
2708+CODING: Words stricken are deletions; words underlined are additions.
2709+hb1379-02-c2
27102710 Page 74 of 95
27112711 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27122712
27132713
27142714
2715- (g) Projects listed in a city or county capital 1826
2716-improvement element pursuant to s. 163.3177(3)(a)4.b. 1827
2717- (h) Retrofitting onsite sewage treat ment and disposal 1828
2718-systems to upgrade such systems to enhanced nutrient -reducing 1829
2719-onsite sewage treatment and disposal systems where central 1830
2720-sewerage is unavailable which will individually or collectively 1831
2721-reduce excess nutrient pollution: 1832
2722- (a) Projects to retrofit onsite sewage treatment and 1833
2723-disposal systems to upgrade such systems to enhanced nutrient -1834
2724-reducing onsite sewage treatment and disposal systems. 1835
2725- (b) Projects to construct, upgrade, or expand facilities 1836
2726-to provide advanced waste treatment, as defined in s. 1837
2727-403.086(4). 1838
2728- (c) Projects to connect onsite sewage treatment and 1839
2729-disposal systems to central sewer facilities . 1840
2730- (3)(2) In allocating such funds, priority must be given to 1841
2731-projects that subsidize the connection of onsite sewage 1842
2732-treatment and disposal systems to wastewater treatment 1843
2733-facilities. First priority must be given to subsidize the 1844
2734-connection of onsite sewage treatment and disposal systems to 1845
2735-existing infrastructure. Second priority must be given to any 1846
2736-expansion of a collection or transmission system that promotes 1847
2737-efficiency by planning the installation of wastewater 1848
2738-transmission facilities to be constructed concurrently with 1849
2739-other construction projects occurring within or along a 1850
2740-ENROLLED
2741-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2742-
2743-
2744-
2745-CODING: Words stricken are deletions; words underlined are additions.
2746-hb1379-04-er
2715+ (a) Projects to retrofit onsite sewage treatment and 1826
2716+disposal systems to upgrade such systems to enhanced nutrient -1827
2717+reducing onsite sewage treatment and disposal systems. 1828
2718+ (b) Projects to construct, upgrade, or expand facilities 1829
2719+to provide advanced waste treatment, as defined in s. 1830
2720+403.086(4). 1831
2721+ (c) Projects to connect onsite sewage treatme nt and 1832
2722+disposal systems to central sewer facilities . 1833
2723+ (3)(2) In allocating such funds, priority must be given to 1834
2724+projects that subsidize the connection of onsite sewage 1835
2725+treatment and disposal systems to wastewater treatment 1836
2726+facilities. First priority must be given to subsidize the 1837
2727+connection of onsite sewage treatment and disposal systems to 1838
2728+existing infrastructure. Second priority must be given to any 1839
2729+expansion of a collection or transmission system that promotes 1840
2730+efficiency by planning the installation of wastewater 1841
2731+transmission facilities to be constructed concurrently with 1842
2732+other construction projects occurring within or along a 1843
2733+transportation facility right -of-way. Third priority must be 1844
2734+given to all other connections of onsite sewage treatment and 1845
2735+disposal systems to wastewater treatment facilities. The 1846
2736+department shall consider and prioritize those projects that: 1847
2737+ (a) Have the maximum estimated reduction in nutrient load 1848
2738+per project; 1849
2739+ (b) Demonstrate project readiness; 1850
2740+
2741+CS/CS/HB 1379 2023
2742+
2743+
2744+
2745+CODING: Words stricken are deletions; words underlined are additions.
2746+hb1379-02-c2
27472747 Page 75 of 95
27482748 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27492749
27502750
27512751
2752-transportation facility right -of-way. Third priority must be 1851
2753-given to all other connections of onsite sewage treatment and 1852
2754-disposal systems to wastewater treatment facilities. The 1853
2755-department shall consider and prioritize those projects that: 1854
2756- (a) Have the maximum estimated reduction in nutrient load 1855
2757-per project; 1856
2758- (b) Demonstrate project readiness; 1857
2759- (c) Are cost-effective; 1858
2760- (d) Have a cost share identified by the applicant, except 1859
2761-for rural areas of opportunity; 1860
2762- (e) Have previous state commitment and involvement in the 1861
2763-project, considering pr eviously funded phases, the total amount 1862
2764-of previous state funding, and previous partial appropriations 1863
2765-for the proposed project; or 1864
2766- (f) Are in a the cost-effectiveness of the project; the 1865
2767-overall environmental benefit of a project; the location where 1866
2768-reductions are needed most to attain the water quality standards 1867
2769-of a waterbody not attaining nutrient or nutrient -related 1868
2770-standards. 1869
2771- 1870
2772-Any project that does not result in reducing nutrient loading to 1871
2773-a waterbody identified in subsection (1) is not eligible f or 1872
2774-funding under this section of a project; the availability of 1873
2775-local matching funds; and projected water savings or quantity 1874
2776-improvements associated with a project . 1875
2777-ENROLLED
2778-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2779-
2780-
2781-
2782-CODING: Words stricken are deletions; words underlined are additions.
2783-hb1379-04-er
2752+ (c) Are cost-effective; 1851
2753+ (d) Have a cost share identified by the applicant, except 1852
2754+for rural areas of opportunity; 1853
2755+ (e) Have previous state commitment and involvement in the 1854
2756+project, considering previously funded phases, the total amount 1855
2757+of previous state funding, and previous partia l appropriations 1856
2758+for the proposed project; or 1857
2759+ (f) Are in a the cost-effectiveness of the project; the 1858
2760+overall environmental benefit of a project; the location where 1859
2761+reductions are needed most to attain the water quality standards 1860
2762+of a waterbody not attai ning nutrient or nutrient -related 1861
2763+standards. 1862
2764+ 1863
2765+Any project that does not result in reducing nutrient loading to 1864
2766+a waterbody identified in subsection (1) is not eligible for 1865
2767+funding under this section of a project; the availability of 1866
2768+local matching funds; a nd projected water savings or quantity 1867
2769+improvements associated with a project . 1868
2770+ (3) Each grant for a project described in subsection (1) 1869
2771+must require a minimum of a 50 -percent local match of funds. 1870
2772+However, the department may, at its discretion, waive, in whole 1871
2773+or in part, this consideration of the local contribution for 1872
2774+proposed projects within an area designated as a rural area of 1873
2775+opportunity under s. 288.0656. 1874
2776+ (4) The department shall coordinate annually with each 1875
2777+
2778+CS/CS/HB 1379 2023
2779+
2780+
2781+
2782+CODING: Words stricken are deletions; words underlined are additions.
2783+hb1379-02-c2
27842784 Page 76 of 95
27852785 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
27862786
27872787
27882788
2789- (3) Each grant for a project described in subsection (1) 1876
2790-must require a minimum of a 50 -percent local match of funds. 1877
2791-However, the department may, at its discretion, waive, in whole 1878
2792-or in part, this consideration of the local contribution for 1879
2793-proposed projects within an area designated as a rural area of 1880
2794-opportunity under s. 288.0656. 1881
2795- (4) The department shall coordinate annually with each 1882
2796-water management district , as necessary, to identify potential 1883
2797-projects grant recipients in each district. 1884
2798- (5) The department shall coordinate with local governments 1885
2799-and stakeholders to identify the most effective and beneficial 1886
2800-water quality improvement projects. 1887
2801- (6) The department shall coordinate with the Department of 1888
2802-Agriculture and Consumer Services to prioritize the most 1889
2803-effective and beneficial agricultural nonpoint source projects 1890
2804-identified pursuant to s. 403.067(7)(e). 1891
2805- (7) Beginning January 15, 2024 1, 2021, and each January 1892
2806-15 1 thereafter, the department shall submit a report regarding 1893
2807-the projects funded pursuant to this section to the Governor, 1894
2808-the President of the Senate, and the Speaker of the House of 1895
2809-Representatives. The report must include a list of those 1896
2810-projects receiving funding and the following information for 1897
2811-each project: 1898
2812- (a) A description of the project; 1899
2813- (b) The cost of the project; 1900
2814-ENROLLED
2815-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2816-
2817-
2818-
2819-CODING: Words stricken are deletions; words underlined are additions.
2820-hb1379-04-er
2789+water management district , as necessary, to identify potential 1876
2790+projects grant recipients in each district. 1877
2791+ (5) The department shall coordinate with local governments 1878
2792+and stakeholders to identify the most effective and beneficial 1879
2793+water quality improvement projects. 1880
2794+ (6) Beginning January 15, 2024 1, 2021, and each January 1881
2795+15 1 thereafter, the department shall submit a report regarding 1882
2796+the projects funded pursuant to this section to the Governor, 1883
2797+the President of the Senate, and the Speaker of the House of 1884
2798+Representatives. The report must include a list of those 1885
2799+projects receiving funding and the following information for 1886
2800+each project: 1887
2801+ (a) A description of the project; 1888
2802+ (b) The cost of the project; 1889
2803+ (c) The estimated nutrient load reduction of the project; 1890
2804+ (d) The location of the project; 1891
2805+ (e) The waterbody or waterbodies where the project will 1892
2806+reduce nutrients; and 1893
2807+ (f) The total cost share being provided for the project. 1894
2808+ Section 16. Paragraph (c) of subsection (1) of section 1895
2809+403.086, Florida Statutes, is amended to read: 1896
2810+ 403.086 Sewage disposal facilities; advanced and secondary 1897
2811+waste treatment.— 1898
2812+ (1) 1899
2813+ (c)1. Notwithstanding this chapter or chapter 373, sewage 1900
2814+
2815+CS/CS/HB 1379 2023
2816+
2817+
2818+
2819+CODING: Words stricken are deletions; words underlined are additions.
2820+hb1379-02-c2
28212821 Page 77 of 95
28222822 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28232823
28242824
28252825
2826- (c) The estimated nutrient load reduct ion of the project; 1901
2827- (d) The location of the project; 1902
2828- (e) The waterbody or waterbodies where the project will 1903
2829-reduce nutrients; and 1904
2830- (f) The total cost share being provided for the project. 1905
2831- Section 16. Paragraph (c) of subsection (1) of section 1906
2832-403.086, Florida Statutes, is amended to read: 1907
2833- 403.086 Sewage disposal facilities; advanced and secondary 1908
2834-waste treatment.— 1909
2835- (1) 1910
2836- (c)1. Notwithstanding this chapter or chapter 373, sewage 1911
2837-disposal facilities may not dispose of any wastes into the 1912
2838-following waters without providing advanced waste treatment, as 1913
2839-defined in subsection (4), as approved by the department or a 1914
2840-more stringent treatment standard if the department determines 1915
2841-the more stringent standard is necessary to achieve the total 1916
2842-maximum daily load or applicable water quality criteria: 1917
2843- a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega 1918
2844-Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little 1919
2845-Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, 1920
2846-Biscayne Bay, or any river, stream, channel, canal, bay, bayou, 1921
2847-sound, or other water tributary thereto. , 1922
2848- b. Beginning July 1, 2025, Indian River Lagoon, or into 1923
2849-any river, stream, channel, canal, bay, bayou, sound, or other 1924
2850-water tributary thereto . 1925
2851-ENROLLED
2852-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2853-
2854-
2855-
2856-CODING: Words stricken are deletions; words underlined are additions.
2857-hb1379-04-er
2826+disposal facilities may not dispose of any wastes into the 1901
2827+following waters without providing advanced waste trea tment, as 1902
2828+defined in subsection (4), as approved by the department or a 1903
2829+more stringent treatment standard if the department determines 1904
2830+the more stringent standard is necessary to achieve the total 1905
2831+maximum daily load or applicable water quality criteria: 1906
2832+ a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega 1907
2833+Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little 1908
2834+Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, 1909
2835+Biscayne Bay, or any river, stream, channel, canal, bay, bayou, 1910
2836+sound, or other water tributary thereto. , 1911
2837+ b. Beginning July 1, 2025, Indian River Lagoon, or into 1912
2838+any river, stream, channel, canal, bay, bayou, sound, or other 1913
2839+water tributary thereto . 1914
2840+ c. By January 1, 2033, waterbodies that are currently not 1915
2841+attaining nutrient or nutrient-related standards or that are 1916
2842+subject to a nutrient or nutrient -related basin management 1917
2843+action plan adopted pursuant to s. 403.067 or adopted reasonable 1918
2844+assurance plan. 1919
2845+ 2. For any waterbody determined not to be attaining 1920
2846+nutrient or nutrient -related standards after July 1, 2023, or 1921
2847+subject to a nutrient or nutrient -related basin management 1922
2848+action plan adopted pursuant to s. 403.067 or adopted reasonable 1923
2849+assurance plan after July 1, 2023, sewage disposal facilities 1924
2850+are prohibited from disposing a ny wastes into such waters 1925
2851+
2852+CS/CS/HB 1379 2023
2853+
2854+
2855+
2856+CODING: Words stricken are deletions; words underlined are additions.
2857+hb1379-02-c2
28582858 Page 78 of 95
28592859 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28602860
28612861
28622862
2863- c. By January 1, 2033, wat erbodies that are currently not 1926
2864-attaining nutrient or nutrient -related standards or that are 1927
2865-subject to a nutrient or nutrient -related basin management 1928
2866-action plan adopted pursuant to s. 403.067 or adopted reasonable 1929
2867-assurance plan. 1930
2868- 2. For any waterbody determined not to be attaining 1931
2869-nutrient or nutrient -related standards after July 1, 2023, or 1932
2870-subject to a nutrient or nutrient -related basin management 1933
2871-action plan adopted pursuant to s. 403.067 or adopted reasonable 1934
2872-assurance plan after July 1, 2023, sewa ge disposal facilities 1935
2873-are prohibited from disposing any wastes into such waters 1936
2874-without providing advanced waste treatment, as defined in 1937
2875-subsection (4), as approved by the department within 10 years 1938
2876-after such determination or adoption , without providing advanced 1939
2877-waste treatment, as defined in subsection (4), approved by the 1940
2878-department. This paragraph does not apply to facilities which 1941
2879-were permitted by February 1, 1987, and which discharge 1942
2880-secondary treated effluent, followed by water hyacinth 1943
2881-treatment, to tributaries of tributaries of the named waters; or 1944
2882-to facilities permitted to discharge to the nontidally 1945
2883-influenced portions of the Peace River. 1946
2884- Section 17. Subsection (10) of section 570.71, Florida 1947
2885-Statutes, is amended, and subsection (14) is ad ded to that 1948
2886-section, to read: 1949
2887- 570.71 Conservation easements and agreements. — 1950
2888-ENROLLED
2889-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2890-
2891-
2892-
2893-CODING: Words stricken are deletions; words underlined are additions.
2894-hb1379-04-er
2863+without providing advanced waste treatment, as defined in 1926
2864+subsection (4), as approved by the department within 10 years 1927
2865+after such determination or adoption , without providing advanced 1928
2866+waste treatment, as defined in subsection (4 ), approved by the 1929
2867+department. This paragraph does not apply to facilities which 1930
2868+were permitted by February 1, 1987, and which discharge 1931
2869+secondary treated effluent, followed by water hyacinth 1932
2870+treatment, to tributaries of tributaries of the named waters; or 1933
2871+to facilities permitted to discharge to the nontidally 1934
2872+influenced portions of the Peace River. 1935
2873+ Section 17. Subsection (10) of section 570.71, Florida 1936
2874+Statutes, is amended, and subsection (14) is added to that 1937
2875+section, to read: 1938
2876+ 570.71 Conservation ea sements and agreements. — 1939
2877+ (10) The department, in consultation with the Department 1940
2878+of Environmental Protection, the water management districts, the 1941
2879+Department of Economic Opportunity, and the Florida Fish and 1942
2880+Wildlife Conservation Commission, shall adopt rules that 1943
2881+establish an application process ;, a process and criteria for 1944
2882+setting priorities for use of funds consistent with the purposes 1945
2883+specified in subsection (1) and giving preference to ranch and 1946
2884+timber lands managed using sustainable practices, lands in 1947
2885+imminent danger of development or degradation, or lands within 1948
2886+the Florida wildlife corridor as defined in s. 259.1055(4); an 1949
2887+appraisal process;, and a process for title review and 1950
2888+
2889+CS/CS/HB 1379 2023
2890+
2891+
2892+
2893+CODING: Words stricken are deletions; words underlined are additions.
2894+hb1379-02-c2
28952895 Page 79 of 95
28962896 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
28972897
28982898
28992899
2900- (10) The department, in consultation with the Department 1951
2901-of Environmental Protection, the water management districts, the 1952
2902-Department of Economic Opportunity, and the Florida F ish and 1953
2903-Wildlife Conservation Commission, shall adopt rules that 1954
2904-establish an application process ;, a process and criteria for 1955
2905-setting priorities for use of funds consistent with the purposes 1956
2906-specified in subsection (1) and giving preference to ranch and 1957
2907-timber lands managed using sustainable practices, lands in 1958
2908-imminent danger of development or degradation, or lands within 1959
2909-the Florida wildlife corridor as defined in s. 259.1055(4); an 1960
2910-appraisal process;, and a process for title review and 1961
2911-compliance and approval of the rules by the Board of Trustees of 1962
2912-the Internal Improvement Trust Fund. 1963
2913- (14) Notwithstanding any other law or rule, the department 1964
2914-shall submit a purchase agreement authorized by this section to 1965
2915-the Board of Trustees of the Internal Improvem ent Trust Fund for 1966
2916-approval only if the purchase price exceeds $5 million. 1967
2917- Section 18. Paragraph (b) of subsection (1) and subsection 1968
2918-(5) of section 570.715, Florida Statutes, are amended to read: 1969
2919- 570.715 Conservation easement acquisition procedures .— 1970
2920- (1) For less than fee simple acquisitions pursuant to s. 1971
2921-570.71, the Department of Agriculture and Consumer Services 1972
2922-shall comply with the following acquisition procedures: 1973
2923- (b) Before approval by the board of trustees of an 1974
2924-agreement to purchase les s than fee simple title to land 1975
2925-ENROLLED
2926-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2927-
2928-
2929-
2930-CODING: Words stricken are deletions; words underlined are additions.
2931-hb1379-04-er
2900+compliance and approval of the rules by the Board of Trustees of 1951
2901+the Internal Improvement Trust Fund. 1952
2902+ (14) Notwithstanding any other law or rule, the department 1953
2903+shall submit a purchase agreement authorized by this section to 1954
2904+the Board of Trustees of the Internal Improvement Trust Fund for 1955
2905+approval only if the purchase price exceeds $5 million. 1956
2906+ Section 18. Paragraph (b) of subsection (1) and subsection 1957
2907+(5) of section 570.715, Florida Statutes, are amended to read: 1958
2908+ 570.715 Conservation easement acquisition procedures. — 1959
2909+ (1) For less than fee simple acquisitions pursuan t to s. 1960
2910+570.71, the Department of Agriculture and Consumer Services 1961
2911+shall comply with the following acquisition procedures: 1962
2912+ (b) Before approval by the board of trustees of an 1963
2913+agreement to purchase less than fee simple title to land 1964
2914+pursuant to s. 570.71, an appraisal of the parcel shall be 1965
2915+required as follows: 1966
2916+ 1. Each parcel to be acquired shall have at least one 1967
2917+appraisal. Two appraisals are required when the estimated value 1968
2918+of the parcel exceeds $5 $1 million. However, when both 1969
2919+appraisals exceed $5 $1 million and differ significantly, a 1970
2920+third appraisal may be obtained. 1971
2921+ 2. Appraisal fees and associated costs shall be paid by 1972
2922+the department. All appraisals used for the acquisition of less 1973
2923+than fee simple interest in lands pursuant to this section shal l 1974
2924+be prepared by a state -certified appraiser who meets the 1975
2925+
2926+CS/CS/HB 1379 2023
2927+
2928+
2929+
2930+CODING: Words stricken are deletions; words underlined are additions.
2931+hb1379-02-c2
29322932 Page 80 of 95
29332933 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29342934
29352935
29362936
2937-pursuant to s. 570.71, an appraisal of the parcel shall be 1976
2938-required as follows: 1977
2939- 1. Each parcel to be acquired shall have at least one 1978
2940-appraisal. Two appraisals are required when the estimated value 1979
2941-of the parcel exceeds $5 $1 million. However, when both 1980
2942-appraisals exceed $5 $1 million and differ significantly, a 1981
2943-third appraisal may be obtained. 1982
2944- 2. Appraisal fees and associated costs shall be paid by 1983
2945-the department. All appraisals used for the acquisition of less 1984
2946-than fee simple interest in lands pursuant to this section shall 1985
2947-be prepared by a state -certified appraiser who meets the 1986
2948-standards and criteria established by rule of the board of 1987
2949-trustees. Each appraiser selected to appraise a particular 1988
2950-parcel shall, before cont racting with the department or a 1989
2951-participant in a multiparty agreement, submit to the department 1990
2952-or participant an affidavit substantiating that he or she has no 1991
2953-vested or fiduciary interest in such parcel. 1992
2954- (5) Appraisal reports are confidential and exem pt from s. 1993
2955-119.07(1), for use by the department and the board of trustees, 1994
2956-until an option contract is executed or, if an option contract 1995
2957-is not executed, until 2 weeks before a contract or agreement 1996
2958-for purchase is considered for approval by the board of 1997
2959-trustees. However, the department shall has the authority, at 1998
2960-its discretion, to disclose appraisal reports to private 1999
2961-landowners or their representatives during negotiations for 2000
2962-ENROLLED
2963-CS/CS/HB 1379, Engrossed 1 2023 Legislature
2964-
2965-
2966-
2967-CODING: Words stricken are deletions; words underlined are additions.
2968-hb1379-04-er
2937+standards and criteria established by rule of the board of 1976
2938+trustees. Each appraiser selected to appraise a particular 1977
2939+parcel shall, before contracting with the department or a 1978
2940+participant in a mult iparty agreement, submit to the department 1979
2941+or participant an affidavit substantiating that he or she has no 1980
2942+vested or fiduciary interest in such parcel. 1981
2943+ (5) Appraisal reports are confidential and exempt from s. 1982
2944+119.07(1), for use by the department and th e board of trustees, 1983
2945+until an option contract is executed or, if an option contract 1984
2946+is not executed, until 2 weeks before a contract or agreement 1985
2947+for purchase is considered for approval by the board of 1986
2948+trustees. However, the department shall has the authority, at 1987
2949+its discretion, to disclose appraisal reports to private 1988
2950+landowners or their representatives during negotiations for 1989
2951+acquisitions using alternatives to fee simple techniques, if the 1990
2952+department determines that disclosure of such reports will bring 1991
2953+the proposed acquisition to closure . The department may also 1992
2954+disclose appraisal information to public agencies or nonprofit 1993
2955+organizations that agree to maintain the confidentiality of the 1994
2956+reports or information when joint acquisition of property is 1995
2957+contemplated, or when a public agency or nonprofit organization 1996
2958+enters into a written multiparty agreement with the department. 1997
2959+For purposes of this subsection, the term "nonprofit 1998
2960+organization" means an organization whose purposes include the 1999
2961+preservation of natu ral resources, and which is exempt from 2000
2962+
2963+CS/CS/HB 1379 2023
2964+
2965+
2966+
2967+CODING: Words stricken are deletions; words underlined are additions.
2968+hb1379-02-c2
29692969 Page 81 of 95
29702970 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
29712971
29722972
29732973
2974-acquisitions using alternatives to fee simple techniques, if the 2001
2975-department determines that disclosure of such reports will bring 2002
2976-the proposed acquisition to closure . The department may also 2003
2977-disclose appraisal information to public agencies or nonprofit 2004
2978-organizations that agree to maintain the confidentiality of the 2005
2979-reports or information when joint acquisition of property is 2006
2980-contemplated, or when a public agency or nonprofit organization 2007
2981-enters into a written multiparty agreement with the department. 2008
2982-For purposes of this subsection, the term "nonprofit 2009
2983-organization" means an organization whose purposes include the 2010
2984-preservation of natural resources, and which is exempt from 2011
2985-federal income tax under s. 501(c)(3) of the Internal Revenue 2012
2986-Code. The department may release an appraisal report when the 2013
2987-passage of time has render ed the conclusions of value in the 2014
2988-report invalid or when the department has terminated 2015
2989-negotiations. 2016
2990- Section 19. Paragraph (h) of subsection (4) of section 2017
2991-201.15, Florida Statutes, is amended to read: 2018
2992- 201.15 Distribution of taxes collected. —All taxes 2019
2993-collected under this chapter are hereby pledged and shall be 2020
2994-first made available to make payments when due on bonds issued 2021
2995-pursuant to s. 215.618 or s. 215.619, or any other bonds 2022
2996-authorized to be issued on a parity basis with such bonds. Such 2023
2997-pledge and availability for the payment of these bonds shall 2024
2998-have priority over any requirement for the payment of service 2025
2999-ENROLLED
3000-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3001-
3002-
3003-
3004-CODING: Words stricken are deletions; words underlined are additions.
3005-hb1379-04-er
2974+federal income tax under s. 501(c)(3) of the Internal Revenue 2001
2975+Code. The department may release an appraisal report when the 2002
2976+passage of time has rendered the conclusions of value in the 2003
2977+report invalid or when the depa rtment has terminated 2004
2978+negotiations. 2005
2979+ Section 19. Paragraph (h) of subsection (4) of section 2006
2980+201.15, Florida Statutes, is amended to read: 2007
2981+ 201.15 Distribution of taxes collected. —All taxes 2008
2982+collected under this chapter are hereby pledged and shall be 2009
2983+first made available to make payments when due on bonds issued 2010
2984+pursuant to s. 215.618 or s. 215.619, or any other bonds 2011
2985+authorized to be issued on a parity basis with such bonds. Such 2012
2986+pledge and availability for the payment of these bonds shall 2013
2987+have priority over any requirement for the payment of service 2014
2988+charges or costs of collection and enforcement under this 2015
2989+section. All taxes collected under this chapter, except taxes 2016
2990+distributed to the Land Acquisition Trust Fund pursuant to 2017
2991+subsections (1) and (2), are subject to the service charge 2018
2992+imposed in s. 215.20(1). Before distribution pursuant to this 2019
2993+section, the Department of Revenue shall deduct amounts 2020
2994+necessary to pay the costs of the collection and enforcement of 2021
2995+the tax levied by this chapter. The costs a nd service charge may 2022
2996+not be levied against any portion of taxes pledged to debt 2023
2997+service on bonds to the extent that the costs and service charge 2024
2998+are required to pay any amounts relating to the bonds. All of 2025
2999+
3000+CS/CS/HB 1379 2023
3001+
3002+
3003+
3004+CODING: Words stricken are deletions; words underlined are additions.
3005+hb1379-02-c2
30063006 Page 82 of 95
30073007 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30083008
30093009
30103010
3011-charges or costs of collection and enforcement under this 2026
3012-section. All taxes collected under this chapter, except taxes 2027
3013-distributed to the La nd Acquisition Trust Fund pursuant to 2028
3014-subsections (1) and (2), are subject to the service charge 2029
3015-imposed in s. 215.20(1). Before distribution pursuant to this 2030
3016-section, the Department of Revenue shall deduct amounts 2031
3017-necessary to pay the costs of the collect ion and enforcement of 2032
3018-the tax levied by this chapter. The costs and service charge may 2033
3019-not be levied against any portion of taxes pledged to debt 2034
3020-service on bonds to the extent that the costs and service charge 2035
3021-are required to pay any amounts relating to the bonds. All of 2036
3022-the costs of the collection and enforcement of the tax levied by 2037
3023-this chapter and the service charge shall be available and 2038
3024-transferred to the extent necessary to pay debt service and any 2039
3025-other amounts payable with respect to bonds author ized before 2040
3026-January 1, 2017, secured by revenues distributed pursuant to 2041
3027-this section. All taxes remaining after deduction of costs shall 2042
3028-be distributed as follows: 2043
3029- (4) After the required distributions to the Land 2044
3030-Acquisition Trust Fund pursuant to subse ctions (1) and (2) and 2045
3031-deduction of the service charge imposed pursuant to s. 2046
3032-215.20(1), the remainder shall be distributed as follows: 2047
3033- (h) An amount equaling 5.4175 percent of the remainder 2048
3034-shall be paid into the Water Protection and Sustainability 2049
3035-Program Trust Fund to be used to fund water quality improvement 2050
3036-ENROLLED
3037-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3038-
3039-
3040-
3041-CODING: Words stricken are deletions; words underlined are additions.
3042-hb1379-04-er
3011+the costs of the collection and enforcement of t he tax levied by 2026
3012+this chapter and the service charge shall be available and 2027
3013+transferred to the extent necessary to pay debt service and any 2028
3014+other amounts payable with respect to bonds authorized before 2029
3015+January 1, 2017, secured by revenues distributed pursu ant to 2030
3016+this section. All taxes remaining after deduction of costs shall 2031
3017+be distributed as follows: 2032
3018+ (4) After the required distributions to the Land 2033
3019+Acquisition Trust Fund pursuant to subsections (1) and (2) and 2034
3020+deduction of the service charge imposed pursuant to s. 2035
3021+215.20(1), the remainder shall be distributed as follows: 2036
3022+ (h) An amount equaling 5.4175 percent of the remainder 2037
3023+shall be paid into the Water Protection and Sustainability 2038
3024+Program Trust Fund to be used to fund water quality improvement 2039
3025+wastewater grants as specified in s. 403.0673. 2040
3026+ Section 20. Paragraph (l) of subsection (3), paragraph (a) 2041
3027+of subsection (5), and paragraph (i) of subsection (15) of 2042
3028+section 259.105, Florida Statutes, are amended to read: 2043
3029+ 259.105 The Florida Forever A ct.— 2044
3030+ (3) Less the costs of issuing and the costs of funding 2045
3031+reserve accounts and other costs associated with bonds, the 2046
3032+proceeds of cash payments or bonds issued pursuant to this 2047
3033+section shall be deposited into the Florida Forever Trust Fund 2048
3034+created by s. 259.1051. The proceeds shall be distributed by the 2049
3035+Department of Environmental Protection in the following manner: 2050
3036+
3037+CS/CS/HB 1379 2023
3038+
3039+
3040+
3041+CODING: Words stricken are deletions; words underlined are additions.
3042+hb1379-02-c2
30433043 Page 83 of 95
30443044 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30453045
30463046
30473047
3048-wastewater grants as specified in s. 403.0673. 2051
3049- Section 20. Paragraph (l) of subsection (3), paragraph (a) 2052
3050-of subsection (5), and paragraph (i) of subsection (15) of 2053
3051-section 259.105, Florida St atutes, are amended to read: 2054
3052- 259.105 The Florida Forever Act. — 2055
3053- (3) Less the costs of issuing and the costs of funding 2056
3054-reserve accounts and other costs associated with bonds, the 2057
3055-proceeds of cash payments or bonds issued pursuant to this 2058
3056-section shall be deposited into the Florida Forever Trust Fund 2059
3057-created by s. 259.1051. The proceeds shall be distributed by the 2060
3058-Department of Environmental Protection in the following manner: 2061
3059- (l) For the purposes of paragraphs (e), (f), (g), and (h), 2062
3060-the agencies that receive the funds shall develop their 2063
3061-individual acquisition or restoration lists in accordance with 2064
3062-specific criteria and numeric performance measures developed 2065
3063-pursuant to s. 259.035(4). Proposed additions may be acquired if 2066
3064-they are identified within th e original project boundary, the 2067
3065-management plan required pursuant to s. 253.034(5), or the 2068
3066-management prospectus required pursuant to s. 259.032(7)(b) s. 2069
3067-259.032(7)(c). Proposed additions not meeting the requirements 2070
3068-of this paragraph shall be submitted t o the council for 2071
3069-approval. The council may only approve the proposed addition if 2072
3070-it meets two or more of the following criteria: serves as a link 2073
3071-or corridor to other publicly owned property; enhances the 2074
3072-protection or management of the property; would ad d a desirable 2075
3073-ENROLLED
3074-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3075-
3076-
3077-
3078-CODING: Words stricken are deletions; words underlined are additions.
3079-hb1379-04-er
3048+ (l) For the purposes of paragraphs (e), (f), (g), and (h), 2051
3049+the agencies that receive the funds shall develop their 2052
3050+individual acquisition or restoration lists in accordance with 2053
3051+specific criteria and numeric performance measures developed 2054
3052+pursuant to s. 259.035(4). Proposed additions may be acquired if 2055
3053+they are identified within the original project boundary, the 2056
3054+management plan required pu rsuant to s. 253.034(5), or the 2057
3055+management prospectus required pursuant to s. 259.032(7)(b) s. 2058
3056+259.032(7)(c). Proposed additions not meeting the requirements 2059
3057+of this paragraph shall be submitted to the council for 2060
3058+approval. The council may only approve the proposed addition if 2061
3059+it meets two or more of the following criteria: serves as a link 2062
3060+or corridor to other publicly owned property; enhances the 2063
3061+protection or management of the property; would add a desirable 2064
3062+resource to the property; would create a more manageable 2065
3063+boundary configuration; has a high resource value that otherwise 2066
3064+would be unprotected; or can be acquired at less than fair 2067
3065+market value. 2068
3066+ (5)(a) All lands acquired pursuant to this section shall 2069
3067+be managed for multiple -use purposes, where comp atible with the 2070
3068+resource values of and management objectives for such lands. As 2071
3069+used in this section, "multiple -use" includes, but is not 2072
3070+limited to, outdoor recreational activities as described in ss. 2073
3071+253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7) (b), water 2074
3072+resource development projects, sustainable forestry management, 2075
3073+
3074+CS/CS/HB 1379 2023
3075+
3076+
3077+
3078+CODING: Words stricken are deletions; words underlined are additions.
3079+hb1379-02-c2
30803080 Page 84 of 95
30813081 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
30823082
30833083
30843084
3085-resource to the property; would create a more manageable 2076
3086-boundary configuration; has a high resource value that otherwise 2077
3087-would be unprotected; or can be acquired at less than fair 2078
3088-market value. 2079
3089- (5)(a) All lands acquired pursuant to this se ction shall 2080
3090-be managed for multiple -use purposes, where compatible with the 2081
3091-resource values of and management objectives for such lands. As 2082
3092-used in this section, "multiple -use" includes, but is not 2083
3093-limited to, outdoor recreational activities as described i n ss. 2084
3094-253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b) , water 2085
3095-resource development projects, sustainable forestry management, 2086
3096-carbon sequestration, carbon mitigation, or carbon offsets. 2087
3097- (15) The council shall submit to the board, with its list 2088
3098-of projects, a report that includes, but need not be limited to, 2089
3099-the following information for each project listed: 2090
3100- (i) A management policy statement for the project and a 2091
3101-management prospectus pursuant to s. 259.032(7)(b) s. 2092
3102-259.032(7)(c). 2093
3103- Section 21. Subsection (17) of section 373.019, Florida 2094
3104-Statutes, is amended to read: 2095
3105- 373.019 Definitions. —When appearing in this chapter or in 2096
3106-any rule, regulation, or order adopted pursuant thereto, the 2097
3107-term: 2098
3108- (17) "Reclaimed water" means water that has receiv ed at 2099
3109-least secondary treatment and basic disinfection and is reused 2100
3110-ENROLLED
3111-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3112-
3113-
3114-
3115-CODING: Words stricken are deletions; words underlined are additions.
3116-hb1379-04-er
3085+carbon sequestration, carbon mitigation, or carbon offsets. 2076
3086+ (15) The council shall submit to the board, with its list 2077
3087+of projects, a report that includes, but need not be limited to, 2078
3088+the following information for each project listed: 2079
3089+ (i) A management policy statement for the project and a 2080
3090+management prospectus pursuant to s. 259.032(7)(b) s. 2081
3091+259.032(7)(c). 2082
3092+ Section 21. Subsection (17) of section 373.019, Florida 2083
3093+Statutes, is amended to read: 2084
3094+ 373.019 Definitions. —When appearing in this chapter or in 2085
3095+any rule, regulation, or order adopted pursuant thereto, the 2086
3096+term: 2087
3097+ (17) "Reclaimed water" means water that has received at 2088
3098+least secondary treatment and basic disinfection and is reused 2089
3099+after flowing out of a domestic wastewater treatment facility. 2090
3100+Reclaimed water is not subject to regulation pursuant to s. 2091
3101+373.175 or part II of this chapter until it has been discharged 2092
3102+into waters as defined in s. 403.031 s. 403.031(13). 2093
3103+ Section 22. Section 373.4132, Florida Statutes, is amended 2094
3104+to read: 2095
3105+ 373.4132 Dry storage facility permitting. —The governing 2096
3106+board or the department shall require a permit under this part, 2097
3107+including s. 373.4145, for the construction, alteration, 2098
3108+operation, maintenance, abandonment, or removal of a dry storage 2099
3109+facility for 10 or more vessels that is functionally associated 2100
3110+
3111+CS/CS/HB 1379 2023
3112+
3113+
3114+
3115+CODING: Words stricken are deletions; words underlined are additions.
3116+hb1379-02-c2
31173117 Page 85 of 95
31183118 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31193119
31203120
31213121
3122-after flowing out of a domestic wastewater treatment facility. 2101
3123-Reclaimed water is not subject to regulation pursuant to s. 2102
3124-373.175 or part II of this chapter until it has been discharged 2103
3125-into waters as defined in s. 403.031 s. 403.031(13). 2104
3126- Section 22. Section 373.4132, Florida Statutes, is amended 2105
3127-to read: 2106
3128- 373.4132 Dry storage facility permitting. —The governing 2107
3129-board or the department shall require a permit under this part, 2108
3130-including s. 373.4145, for the construction, alteration, 2109
3131-operation, maintenance, abandonment, or removal of a dry storage 2110
3132-facility for 10 or more vessels that is functionally associated 2111
3133-with a boat launching area. As part of an applicant's 2112
3134-demonstration that such a facility will not be harmful to the 2113
3135-water resources and will not be inconsistent with the overall 2114
3136-objectives of the district, the governing board or department 2115
3137-shall require the applicant to provide reasonable assurance that 2116
3138-the secondary impacts from the facility will not cause adverse 2117
3139-impacts to the functions of wetlands and surface waters, 2118
3140-including violations of state water quality standards applicable 2119
3141-to waters as defined in s. 403.031 s. 403.031(13), and will meet 2120
3142-the public interest test of s. 373.414(1)(a), including the 2121
3143-potential adverse impacts to manatees. Nothing in this section 2122
3144-shall affect the authority of the governing board or the 2123
3145-department to regulate such secondary impacts under this part 2124
3146-for other regulated activities. 2125
3147-ENROLLED
3148-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3149-
3150-
3151-
3152-CODING: Words stricken are deletions; words underlined are additions.
3153-hb1379-04-er
3122+with a boat launching area. As part of an applicant's 2101
3123+demonstration that such a facility will not be harmful to the 2102
3124+water resources and will not be inconsistent with the overall 2103
3125+objectives of the district, the governing board or department 2104
3126+shall require the applicant to provide reasonable assurance that 2105
3127+the secondary impacts from the facility will not cause adverse 2106
3128+impacts to the functions of wetlands and surface waters, 2107
3129+including violations of state water quality standards applicable 2108
3130+to waters as defined in s. 403.031 s. 403.031(13), and will meet 2109
3131+the public interest test of s. 373.414(1)(a), including the 2110
3132+potential adverse impacts to manatees . Nothing in this section 2111
3133+shall affect the authority of the governing board or the 2112
3134+department to regulate such secondary impacts under this part 2113
3135+for other regulated activities. 2114
3136+ Section 23. Subsection (1) of section 373.414, Florida 2115
3137+Statutes, is amended to read: 2116
3138+ 373.414 Additional criteria for activities in surface 2117
3139+waters and wetlands. — 2118
3140+ (1) As part of an applicant's demonstration that an 2119
3141+activity regulated under this part will not be harmful to the 2120
3142+water resources or will not be inconsistent with the overall 2121
3143+objectives of the district, the governing board or the 2122
3144+department shall require the applicant to provide reasonable 2123
3145+assurance that state water quality standards applicable to 2124
3146+waters as defined in s. 403.031 s. 403.031(13) will not be 2125
3147+
3148+CS/CS/HB 1379 2023
3149+
3150+
3151+
3152+CODING: Words stricken are deletions; words underlined are additions.
3153+hb1379-02-c2
31543154 Page 86 of 95
31553155 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31563156
31573157
31583158
3159- Section 23. Subsection (1) of section 373.414, Florida 2126
3160-Statutes, is amended to read: 2127
3161- 373.414 Additional criteria for activities in surface 2128
3162-waters and wetlands. — 2129
3163- (1) As part of an applicant's demonstration that an 2130
3164-activity regulated under this part will not be harmful to the 2131
3165-water resources or will not be inconsistent with the overall 2132
3166-objectives of the district, the governing board or the 2133
3167-department shall require the applicant to provide reasonable 2134
3168-assurance that state water quality standards applicable to 2135
3169-waters as defined in s. 403.031 s. 403.031(13) will not be 2136
3170-violated and reasonable assurance that such activity in, on, or 2137
3171-over surface waters or wetlands, as delineated in s. 373.421(1), 2138
3172-is not contrary to the public interest. How ever, if such an 2139
3173-activity significantly degrades or is within an Outstanding 2140
3174-Florida Water, as provided by department rule, the applicant 2141
3175-must provide reasonable assurance that the proposed activity 2142
3176-will be clearly in the public interest. 2143
3177- (a) In determining whether an activity, which is in, on, 2144
3178-or over surface waters or wetlands, as delineated in s. 2145
3179-373.421(1), and is regulated under this part, is not contrary to 2146
3180-the public interest or is clearly in the public interest, the 2147
3181-governing board or the departme nt shall consider and balance the 2148
3182-following criteria: 2149
3183- 1. Whether the activity will adversely affect the public 2150
3184-ENROLLED
3185-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3186-
3187-
3188-
3189-CODING: Words stricken are deletions; words underlined are additions.
3190-hb1379-04-er
3159+violated and reasonable assurance that such activity in, on, or 2126
3160+over surface waters or wetlands, as delineated in s. 373.421(1), 2127
3161+is not contrary to the public interest. However, if such an 2128
3162+activity significantly degrades or is within an Outstanding 2129
3163+Florida Water, as pr ovided by department rule, the applicant 2130
3164+must provide reasonable assurance that the proposed activity 2131
3165+will be clearly in the public interest. 2132
3166+ (a) In determining whether an activity, which is in, on, 2133
3167+or over surface waters or wetlands, as delineated in s. 2134
3168+373.421(1), and is regulated under this part, is not contrary to 2135
3169+the public interest or is clearly in the public interest, the 2136
3170+governing board or the department shall consider and balance the 2137
3171+following criteria: 2138
3172+ 1. Whether the activity will adversely af fect the public 2139
3173+health, safety, or welfare or the property of others; 2140
3174+ 2. Whether the activity will adversely affect the 2141
3175+conservation of fish and wildlife, including endangered or 2142
3176+threatened species, or their habitats; 2143
3177+ 3. Whether the activity will adver sely affect navigation 2144
3178+or the flow of water or cause harmful erosion or shoaling; 2145
3179+ 4. Whether the activity will adversely affect the fishing 2146
3180+or recreational values or marine productivity in the vicinity of 2147
3181+the activity; 2148
3182+ 5. Whether the activity will be o f a temporary or 2149
3183+permanent nature; 2150
3184+
3185+CS/CS/HB 1379 2023
3186+
3187+
3188+
3189+CODING: Words stricken are deletions; words underlined are additions.
3190+hb1379-02-c2
31913191 Page 87 of 95
31923192 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
31933193
31943194
31953195
3196-health, safety, or welfare or the property of others; 2151
3197- 2. Whether the activity will adversely affect the 2152
3198-conservation of fish and wildlife, in cluding endangered or 2153
3199-threatened species, or their habitats; 2154
3200- 3. Whether the activity will adversely affect navigation 2155
3201-or the flow of water or cause harmful erosion or shoaling; 2156
3202- 4. Whether the activity will adversely affect the fishing 2157
3203-or recreational values or marine productivity in the vicinity of 2158
3204-the activity; 2159
3205- 5. Whether the activity will be of a temporary or 2160
3206-permanent nature; 2161
3207- 6. Whether the activity will adversely affect or will 2162
3208-enhance significant historical and archaeological resources 2163
3209-under the provisions of s. 267.061; and 2164
3210- 7. The current condition and relative value of functions 2165
3211-being performed by areas affected by the proposed activity. 2166
3212- (b) If the applicant is unable to otherwise meet the 2167
3213-criteria set forth in this subsection, the governi ng board or 2168
3214-the department, in deciding to grant or deny a permit, must 2169
3215-shall consider measures proposed by or acceptable to the 2170
3216-applicant to mitigate adverse effects that may be caused by the 2171
3217-regulated activity. Such measures may include, but are not 2172
3218-limited to, onsite mitigation, offsite mitigation, offsite 2173
3219-regional mitigation, and the purchase of mitigation credits from 2174
3220-mitigation banks permitted under s. 373.4136. It is shall be the 2175
3221-ENROLLED
3222-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3223-
3224-
3225-
3226-CODING: Words stricken are deletions; words underlined are additions.
3227-hb1379-04-er
3196+ 6. Whether the activity will adversely affect or will 2151
3197+enhance significant historical and archaeological resources 2152
3198+under the provisions of s. 267.061; and 2153
3199+ 7. The current condition and relative value of functions 2154
3200+being performed by areas affected by the proposed activity. 2155
3201+ (b) If the applicant is unable to otherwise meet the 2156
3202+criteria set forth in this subsection, the governing board or 2157
3203+the department, in deciding to grant or deny a permit, must 2158
3204+shall consider measures proposed by or acceptable to the 2159
3205+applicant to mitigate adverse effects that may be caused by the 2160
3206+regulated activity. Such measures may include, but are not 2161
3207+limited to, onsite mitigation, offsite mitigation, offsite 2162
3208+regional mitigation, a nd the purchase of mitigation credits from 2163
3209+mitigation banks permitted under s. 373.4136. It is shall be the 2164
3210+responsibility of the applicant to choose the form of 2165
3211+mitigation. The mitigation must offset the adverse effects 2166
3212+caused by the regulated activity. 2167
3213+ 1. The department or water management districts may accept 2168
3214+the donation of money as mitigation only where the donation is 2169
3215+specified for use in a duly noticed environmental creation, 2170
3216+preservation, enhancement, or restoration project, endorsed by 2171
3217+the department or the governing board of the water management 2172
3218+district, which offsets the impacts of the activity permitted 2173
3219+under this part. However, the provisions of this subsection does 2174
3220+shall not apply to projects undertaken pursuant to s. 373.4137 2175
3221+
3222+CS/CS/HB 1379 2023
3223+
3224+
3225+
3226+CODING: Words stricken are deletions; words underlined are additions.
3227+hb1379-02-c2
32283228 Page 88 of 95
32293229 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32303230
32313231
32323232
3233-responsibility of the applicant to choose the form of 2176
3234-mitigation. The mitigation must offset the adverse effects 2177
3235-caused by the regulated activity. 2178
3236- 1. The department or water management districts may accept 2179
3237-the donation of money as mitigation only where the donation is 2180
3238-specified for use in a duly noticed environmental creati on, 2181
3239-preservation, enhancement, or restoration project, endorsed by 2182
3240-the department or the governing board of the water management 2183
3241-district, which offsets the impacts of the activity permitted 2184
3242-under this part. However, the provisions of this subsection does 2185
3243-shall not apply to projects undertaken pursuant to s. 373.4137 2186
3244-or chapter 378. Where a permit is required under this part to 2187
3245-implement any project endorsed by the department or a water 2188
3246-management district, all necessary permits must have been issued 2189
3247-prior to the acceptance of any cash donation. After the 2190
3248-effective date of this act, when money is donated to either the 2191
3249-department or a water management district to offset impacts 2192
3250-authorized by a permit under this part, the department or the 2193
3251-water management dis trict shall accept only a donation that 2194
3252-represents the full cost to the department or water management 2195
3253-district of undertaking the project that is intended to mitigate 2196
3254-the adverse impacts. The full cost shall include all direct and 2197
3255-indirect costs, as appli cable, such as those for land 2198
3256-acquisition, land restoration or enhancement, perpetual land 2199
3257-management, and general overhead consisting of costs such as 2200
3258-ENROLLED
3259-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3260-
3261-
3262-
3263-CODING: Words stricken are deletions; words underlined are additions.
3264-hb1379-04-er
3233+or chapter 378. Where a permit is required under this part to 2176
3234+implement any project endorsed by the department or a water 2177
3235+management district, all necessary permits must have been issued 2178
3236+prior to the acceptance of any cash donation. After the 2179
3237+effective date of this act, when money is donated to either the 2180
3238+department or a water management district to offset impacts 2181
3239+authorized by a permit under this part, the department or the 2182
3240+water management district shall accept only a donation that 2183
3241+represents the full cost to the depar tment or water management 2184
3242+district of undertaking the project that is intended to mitigate 2185
3243+the adverse impacts. The full cost shall include all direct and 2186
3244+indirect costs, as applicable, such as those for land 2187
3245+acquisition, land restoration or enhancement, p erpetual land 2188
3246+management, and general overhead consisting of costs such as 2189
3247+staff time, building, and vehicles. The department or the water 2190
3248+management district may use a multiplier or percentage to add to 2191
3249+other direct or indirect costs to estimate general o verhead. 2192
3250+Mitigation credit for such a donation may shall be given only to 2193
3251+the extent that the donation covers the full cost to the agency 2194
3252+of undertaking the project that is intended to mitigate the 2195
3253+adverse impacts. However, nothing herein may shall be construed 2196
3254+to prevent the department or a water management district from 2197
3255+accepting a donation representing a portion of a larger project, 2198
3256+provided that the donation covers the full cost of that portion 2199
3257+and mitigation credit is given only for that portion. The 2200
3258+
3259+CS/CS/HB 1379 2023
3260+
3261+
3262+
3263+CODING: Words stricken are deletions; words underlined are additions.
3264+hb1379-02-c2
32653265 Page 89 of 95
32663266 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
32673267
32683268
32693269
3270-staff time, building, and vehicles. The department or the water 2201
3271-management district may use a multiplier or percentage to add to 2202
3272-other direct or indirect costs to estimate general overhead. 2203
3273-Mitigation credit for such a donation may shall be given only to 2204
3274-the extent that the donation covers the full cost to the agency 2205
3275-of undertaking the project that is intended to mitigate the 2206
3276-adverse impacts. However, nothing herein may shall be construed 2207
3277-to prevent the department or a water management district from 2208
3278-accepting a donation representing a portion of a larger project, 2209
3279-provided that the donation covers the full cos t of that portion 2210
3280-and mitigation credit is given only for that portion. The 2211
3281-department or water management district may deviate from the 2212
3282-full cost requirements of this subparagraph to resolve a 2213
3283-proceeding brought pursuant to chapter 70 or a claim for inver se 2214
3284-condemnation. Nothing in this section may shall be construed to 2215
3285-require the owner of a private mitigation bank, permitted under 2216
3286-s. 373.4136, to include the full cost of a mitigation credit in 2217
3287-the price of the credit to a purchaser of said credit. 2218
3288- 2. The department and each water management district shall 2219
3289-report by March 1 of each year, as part of the consolidated 2220
3290-annual report required by s. 373.036(7), all cash donations 2221
3291-accepted under subparagraph 1. during the preceding water 2222
3292-management district fis cal year for wetland mitigation purposes. 2223
3293-The report must shall exclude those contributions pursuant to s. 2224
3294-373.4137. The report must shall include a description of the 2225
3295-ENROLLED
3296-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3297-
3298-
3299-
3300-CODING: Words stricken are deletions; words underlined are additions.
3301-hb1379-04-er
3270+department or water management district may deviate from the 2201
3271+full cost requirements of this subparagraph to resolve a 2202
3272+proceeding brought pursuant to chapter 70 or a claim for inverse 2203
3273+condemnation. Nothing in this section may shall be construed to 2204
3274+require the owner of a private mitigation bank, permitted under 2205
3275+s. 373.4136, to include the full cost of a mitigation credit in 2206
3276+the price of the credit to a purchaser of said credit. 2207
3277+ 2. The department and each water management district shall 2208
3278+report by March 1 of e ach year, as part of the consolidated 2209
3279+annual report required by s. 373.036(7), all cash donations 2210
3280+accepted under subparagraph 1. during the preceding water 2211
3281+management district fiscal year for wetland mitigation purposes. 2212
3282+The report must shall exclude those contributions pursuant to s. 2213
3283+373.4137. The report must shall include a description of the 2214
3284+endorsed mitigation projects and, except for projects governed 2215
3285+by s. 373.4135(6), must shall address, as applicable, success 2216
3286+criteria, project implementation status and timeframe, 2217
3287+monitoring, long-term management, provisions for preservation, 2218
3288+and full cost accounting. 2219
3289+ 3. If the applicant is unable to meet water quality 2220
3290+standards because existing ambient water quality does not meet 2221
3291+standards, the governing board or the department must shall 2222
3292+consider mitigation measures proposed by or acceptable to the 2223
3293+applicant that cause net improvement of the water quality in the 2224
3294+receiving body of water for those parameters which do not meet 2225
3295+
3296+CS/CS/HB 1379 2023
3297+
3298+
3299+
3300+CODING: Words stricken are deletions; words underlined are additions.
3301+hb1379-02-c2
33023302 Page 90 of 95
33033303 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33043304
33053305
33063306
3307-endorsed mitigation projects and, except for projects governed 2226
3308-by s. 373.4135(6), must shall address, as applicable, success 2227
3309-criteria, project implementation status and timeframe, 2228
3310-monitoring, long-term management, provisions for preservation, 2229
3311-and full cost accounting. 2230
3312- 3. If the applicant is unable to meet water quality 2231
3313-standards because ex isting ambient water quality does not meet 2232
3314-standards, the governing board or the department must shall 2233
3315-consider mitigation measures proposed by or acceptable to the 2234
3316-applicant that cause net improvement of the water quality in the 2235
3317-receiving body of water fo r those parameters which do not meet 2236
3318-standards. 2237
3319- 4. If mitigation requirements imposed by a local 2238
3320-government for surface water and wetland impacts of an activity 2239
3321-regulated under this part cannot be reconciled with mitigation 2240
3322-requirements approved under a permit for the same activity 2241
3323-issued under this part, including application of the uniform 2242
3324-wetland mitigation assessment method adopted pursuant to 2243
3325-subsection (18), the mitigation requirements for surface water 2244
3326-and wetland impacts are shall be controlled by the permit issued 2245
3327-under this part. 2246
3328- (c) Where activities for a single project regulated under 2247
3329-this part occur in more than one local government jurisdiction, 2248
3330-and where permit conditions or regulatory requirements are 2249
3331-imposed by a local government for the se activities which cannot 2250
3332-ENROLLED
3333-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3334-
3335-
3336-
3337-CODING: Words stricken are deletions; words underlined are additions.
3338-hb1379-04-er
3307+standards. 2226
3308+ 4. If mitigation requirements imposed by a local 2227
3309+government for surface water and wetland impacts of an activity 2228
3310+regulated under this part cannot be reconciled with mitigation 2229
3311+requirements approved under a permit for the same activity 2230
3312+issued under this part, including application of the uniform 2231
3313+wetland mitigation assessment method adopted pursuant to 2232
3314+subsection (18), the mitigation requ irements for surface water 2233
3315+and wetland impacts are shall be controlled by the permit issued 2234
3316+under this part. 2235
3317+ (c) Where activities for a single project regulated under 2236
3318+this part occur in more than one local government jurisdiction, 2237
3319+and where permit condit ions or regulatory requirements are 2238
3320+imposed by a local government for these activities which cannot 2239
3321+be reconciled with those imposed by a permit under this part for 2240
3322+the same activities, the permit conditions or regulatory 2241
3323+requirements are shall be controlled by the permit issued under 2242
3324+this part. 2243
3325+ Section 24. Section 373.4142, Florida Statutes, is amended 2244
3326+to read: 2245
3327+ 373.4142 Water quality within stormwater treatment 2246
3328+systems.—State surface water quality standards applicable to 2247
3329+waters of the state, as defin ed in s. 403.031 s. 403.031(13), do 2248
3330+shall not apply within a stormwater management system which is 2249
3331+designed, constructed, operated, and maintained for stormwater 2250
3332+
3333+CS/CS/HB 1379 2023
3334+
3335+
3336+
3337+CODING: Words stricken are deletions; words underlined are additions.
3338+hb1379-02-c2
33393339 Page 91 of 95
33403340 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33413341
33423342
33433343
3344-be reconciled with those imposed by a permit under this part for 2251
3345-the same activities, the permit conditions or regulatory 2252
3346-requirements are shall be controlled by the permit issued under 2253
3347-this part. 2254
3348- Section 24. Section 373.4142, Florida Statutes, is amended 2255
3349-to read: 2256
3350- 373.4142 Water quality within stormwater treatment 2257
3351-systems.—State surface water quality standards applicable to 2258
3352-waters of the state, as defined in s. 403.031 s. 403.031(13), do 2259
3353-shall not apply within a stormwater m anagement system which is 2260
3354-designed, constructed, operated, and maintained for stormwater 2261
3355-treatment in accordance with a valid permit or noticed exemption 2262
3356-issued pursuant to chapter 62 -25, Florida Administrative Code; a 2263
3357-valid permit or exemption under s. 37 3.4145 within the Northwest 2264
3358-Florida Water Management District; a valid permit issued on or 2265
3359-subsequent to April 1, 1986, within the Suwannee River Water 2266
3360-Management District or the St. Johns River Water Management 2267
3361-District pursuant to this part; a valid perm it issued on or 2268
3362-subsequent to March 1, 1988, within the Southwest Florida Water 2269
3363-Management District pursuant to this part; or a valid permit 2270
3364-issued on or subsequent to January 6, 1982, within the South 2271
3365-Florida Water Management District pursuant to this par t. Such 2272
3366-inapplicability of state water quality standards shall be 2273
3367-limited to that part of the stormwater management system located 2274
3368-upstream of a manmade water control structure permitted, or 2275
3369-ENROLLED
3370-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3371-
3372-
3373-
3374-CODING: Words stricken are deletions; words underlined are additions.
3375-hb1379-04-er
3344+treatment in accordance with a valid permit or noticed exemption 2251
3345+issued pursuant to chapter 62 -25, Florida Administrative Code; a 2252
3346+valid permit or exemption under s. 373.4145 within the Northwest 2253
3347+Florida Water Management District; a valid permit issued on or 2254
3348+subsequent to April 1, 1986, within the Suwannee River Water 2255
3349+Management District or the St. Johns River Water Management 2256
3350+District pursuant to this part; a valid permit issued on or 2257
3351+subsequent to March 1, 1988, within the Southwest Florida Water 2258
3352+Management District pursuant to this part; or a valid permit 2259
3353+issued on or subsequent to January 6, 1982 , within the South 2260
3354+Florida Water Management District pursuant to this part. Such 2261
3355+inapplicability of state water quality standards shall be 2262
3356+limited to that part of the stormwater management system located 2263
3357+upstream of a manmade water control structure permit ted, or 2264
3358+approved under a noticed exemption, to retain or detain 2265
3359+stormwater runoff in order to provide treatment of the 2266
3360+stormwater. The additional use of such a stormwater management 2267
3361+system for flood attenuation or irrigation does shall not divest 2268
3362+the system of the benefits of this exemption. This section does 2269
3363+shall not affect the authority of the department and water 2270
3364+management districts to require reasonable assurance that the 2271
3365+water quality within such stormwater management systems will not 2272
3366+adversely impact public health, fish and wildlife, or adjacent 2273
3367+waters. 2274
3368+ Section 25. Paragraph (a) of subsection (1) of section 2275
3369+
3370+CS/CS/HB 1379 2023
3371+
3372+
3373+
3374+CODING: Words stricken are deletions; words underlined are additions.
3375+hb1379-02-c2
33763376 Page 92 of 95
33773377 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
33783378
33793379
33803380
3381-approved under a noticed exemption, to retain or detain 2276
3382-stormwater runoff in order to provide treatment of the 2277
3383-stormwater. The additional use of such a stormwater management 2278
3384-system for flood attenuation or irrigation does shall not divest 2279
3385-the system of the benefits of this exemption. This section does 2280
3386-shall not affect the authority of the department and water 2281
3387-management districts to require reasonable assurance that the 2282
3388-water quality within such stormwater management systems will not 2283
3389-adversely impact public health, fish and wildlife, or adjacent 2284
3390-waters. 2285
3391- Section 25. Paragraph (a) of subsection (1) of section 2286
3392-373.430, Florida Statutes, is amended to read: 2287
3393- 373.430 Prohibitions, violation, penalty, intent. — 2288
3394- (1) It shall be a violation of this part, and it shall be 2289
3395-prohibited for any person: 2290
3396- (a) To cause pollution, as defined in s. 403.031 s. 2291
3397-403.031(7), except as otherwise provided in this part, so as to 2292
3398-harm or injure human health or welfare, animal, plant, or 2293
3399-aquatic life or property. 2294
3400- Section 26. Paragraph (n) of subsection (2) of sect ion 2295
3401-373.4592, Florida Statutes, is amended to read: 2296
3402- 373.4592 Everglades improvement and management. — 2297
3403- (2) DEFINITIONS.—As used in this section: 2298
3404- (n) "Stormwater management program" shall have the meaning 2299
3405-set forth in s. 403.031 s. 403.031(15). 2300
3406-ENROLLED
3407-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3408-
3409-
3410-
3411-CODING: Words stricken are deletions; words underlined are additions.
3412-hb1379-04-er
3381+373.430, Florida Statutes, is amended to read: 2276
3382+ 373.430 Prohibitions, violation, penalty, intent. — 2277
3383+ (1) It shall be a violation of this part, and it shall be 2278
3384+prohibited for any person: 2279
3385+ (a) To cause pollution, as defined in s. 403.031 s. 2280
3386+403.031(7), except as otherwise provided in this part, so as to 2281
3387+harm or injure human health or welfare, animal, plant, or 2282
3388+aquatic life or property. 2283
3389+ Section 26. Paragraph (n) of subsection (2) of section 2284
3390+373.4592, Florida Statutes, is amended to read: 2285
3391+ 373.4592 Everglades improvement and management. — 2286
3392+ (2) DEFINITIONS.—As used in this section: 2287
3393+ (n) "Stormwater management program" shall have the meanin g 2288
3394+set forth in s. 403.031 s. 403.031(15). 2289
3395+ Section 27. Paragraph (c) of subsection (1) of section 2290
3396+403.890, Florida Statutes, is amended to read: 2291
3397+ 403.890 Water Protection and Sustainability Program. — 2292
3398+ (1) Revenues deposited into or appropriated to the Water 2293
3399+Protection and Sustainability Program Trust Fund shall be 2294
3400+distributed by the Department of Environmental Protection for 2295
3401+the following purposes: 2296
3402+ (c) The water quality improvement wastewater grant program 2297
3403+as provided in s. 403.0673. 2298
3404+ Section 28. Paragraph (b) of subsection (1) of section 2299
3405+403.892, Florida Statutes, is amended to read: 2300
3406+
3407+CS/CS/HB 1379 2023
3408+
3409+
3410+
3411+CODING: Words stricken are deletions; words underlined are additions.
3412+hb1379-02-c2
34133413 Page 93 of 95
34143414 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34153415
34163416
34173417
3418- Section 27. Paragraph (c) of subsection (1) of section 2301
3419-403.890, Florida Statutes, is amended to read: 2302
3420- 403.890 Water Protection and Sustainability Program. — 2303
3421- (1) Revenues deposited into or appropriated to the Water 2304
3422-Protection and Sustainability Program Trust Fund shall be 2305
3423-distributed by the Department of Environmental Protection for 2306
3424-the following purposes: 2307
3425- (c) The water quality improvement wastewater grant program 2308
3426-as provided in s. 403.0673. 2309
3427- Section 28. Paragraph (b) of subsection (1) of section 2310
3428-403.892, Florida Statutes, is amended to read: 2311
3429- 403.892 Incentives for the use of graywater technologies. — 2312
3430- (1) As used in this section, the term: 2313
3431- (b) "Graywater" has the same meaning as in s. 381.0065(2) 2314
3432-s. 381.0065(2)(f). 2315
3433- Section 29. Paragraphs (c) and (d) of subsection (2) of 2316
3434-section 403.9301, Florida Statutes, are amended to read: 2317
3435- 403.9301 Wastewater services projections. — 2318
3436- (2) As used in this section, the term: 2319
3437- (c) "Treatment works" has the same meaning as provided in 2320
3438-s. 403.031 s. 403.031(11). 2321
3439- (d) "Wastewater services" means service to a sewerage 2322
3440-system, as defined in s. 403.031 s. 403.031(9), or service to 2323
3441-domestic wastewater treatment works. 2324
3442- Section 30. Paragraphs (b) and (c) of subsection (2) of 2325
3443-ENROLLED
3444-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3445-
3446-
3447-
3448-CODING: Words stricken are deletions; words underlined are additions.
3449-hb1379-04-er
3418+ 403.892 Incentives for the use of graywater technologies. — 2301
3419+ (1) As used in this section, the term: 2302
3420+ (b) "Graywater" has the same meaning as in s. 381.0065(2) 2303
3421+s. 381.0065(2)(f). 2304
3422+ Section 29. Paragraphs (c) and (d) of subsection (2) of 2305
3423+section 403.9301, Florida Statutes, are amended to read: 2306
3424+ 403.9301 Wastewater services projections. — 2307
3425+ (2) As used in this section, the term: 2308
3426+ (c) "Treatment works" has the same m eaning as provided in 2309
3427+s. 403.031 s. 403.031(11). 2310
3428+ (d) "Wastewater services" means service to a sewerage 2311
3429+system, as defined in s. 403.031 s. 403.031(9), or service to 2312
3430+domestic wastewater treatment works. 2313
3431+ Section 30. Paragraphs (b) and (c) of subsection (2) of 2314
3432+section 403.9302, Florida Statutes, are amended to read: 2315
3433+ 403.9302 Stormwater management projections. — 2316
3434+ (2) As used in this section, the term: 2317
3435+ (b) "Stormwater management program" has the same meaning 2318
3436+as provided in s. 403.031 s. 403.031(15). 2319
3437+ (c) "Stormwater management system" has the same meaning as 2320
3438+provided in s. 403.031 s. 403.031(16). 2321
3439+ Section 31. For the purpose of incorporating the amendment 2322
3440+made by this act to section 259.032, Florida Statutes, in a 2323
3441+reference thereto, subsection (6) of section 259.045, Florida 2324
3442+Statutes, is reenacted to read: 2325
3443+
3444+CS/CS/HB 1379 2023
3445+
3446+
3447+
3448+CODING: Words stricken are deletions; words underlined are additions.
3449+hb1379-02-c2
34503450 Page 94 of 95
34513451 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34523452
34533453
34543454
3455-section 403.9302, Florida Statutes, are amended to read: 2326
3456- 403.9302 Stormwater management projections. — 2327
3457- (2) As used in this section, the term: 2328
3458- (b) "Stormwater management program" has the same meaning 2329
3459-as provided in s. 403.031 s. 403.031(15). 2330
3460- (c) "Stormwater management system" has the same meaning as 2331
3461-provided in s. 403.031 s. 403.031(16). 2332
3462- Section 31. For the purpose of incorporating the amendment 2333
3463-made by this act to section 259.032, Florida Statutes, in a 2334
3464-reference thereto, subsection (6) of section 259.045, Florida 2335
3465-Statutes, is reenacted to read: 2336
3466- 259.045 Purchase of lands in areas of critical state 2337
3467-concern; recommendations by department and land authorities. —2338
3468-Within 45 days after the Administration Commission designates an 2339
3469-area as an area of critical state concern under s. 380.05, and 2340
3470-annually thereafter, the Department of Environmental Protection 2341
3471-shall consider the recommendations of the state land planning 2342
3472-agency pursuant to s. 380.05(1)(a) relating to purchase of lands 2343
3473-within an area of critical state concern or lands outside an 2344
3474-area of critical state concern that directly impact an area of 2345
3475-critical state concern, which may include lands used to preserve 2346
3476-and protect water supply, and shall make recommendations to the 2347
3477-board with respect to the purchase of the fee or any lesser 2348
3478-interest in any such lands that are: 2349
3479- (6) Lands used to prevent or satisfy private property 2350
3480-ENROLLED
3481-CS/CS/HB 1379, Engrossed 1 2023 Legislature
3482-
3483-
3484-
3485-CODING: Words stricken are deletions; words underlined are additions.
3486-hb1379-04-er
3455+ 259.045 Purchase of lands in areas of critical state 2326
3456+concern; recommendations by department and land authorities. —2327
3457+Within 45 days after the Administration Commission designates an 2328
3458+area as an area of critical state concern under s. 380.05, and 2329
3459+annually thereafter, the Department of Environmental Protection 2330
3460+shall consider the recommendations of the state land planning 2331
3461+agency pursuant to s. 380.05(1)(a) relating to purchase of lands 2332
3462+within an area of critical state concern or lands outside an 2333
3463+area of critical state concern that directly impact an area of 2334
3464+critical state concern, which may include lands used to preserve 2335
3465+and protect water supply, and shall make recommendations to the 2336
3466+board with respect t o the purchase of the fee or any lesser 2337
3467+interest in any such lands that are: 2338
3468+ (6) Lands used to prevent or satisfy private property 2339
3469+rights claims resulting from limitations imposed by the 2340
3470+designation of an area of critical state concern if the 2341
3471+acquisition of such lands fulfills a public purpose listed in s. 2342
3472+259.032(2) or if the parcel is wholly or partially, at the time 2343
3473+of acquisition, on one of the board's approved acquisition lists 2344
3474+established pursuant to this chapter. For the purposes of this 2345
3475+subsection, if a parcel is estimated to be worth $500,000 or 2346
3476+less and the director of the Division of State Lands finds that 2347
3477+the cost of an outside appraisal is not justified, a comparable 2348
3478+sales analysis, an appraisal prepared by the Division of State 2349
3479+Lands, or other reasonably prudent procedures may be used by the 2350
3480+
3481+CS/CS/HB 1379 2023
3482+
3483+
3484+
3485+CODING: Words stricken are deletions; words underlined are additions.
3486+hb1379-02-c2
34873487 Page 95 of 95
34883488 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
34893489
34903490
34913491
3492-rights claims resulting from limitations imposed by the 2351
3493-designation of an area of critical state concern if the 2352
3494-acquisition of such lands fulfills a public purpose lis ted in s. 2353
3495-259.032(2) or if the parcel is wholly or partially, at the time 2354
3496-of acquisition, on one of the board's approved acquisition lists 2355
3497-established pursuant to this chapter. For the purposes of this 2356
3498-subsection, if a parcel is estimated to be worth $500, 000 or 2357
3499-less and the director of the Division of State Lands finds that 2358
3500-the cost of an outside appraisal is not justified, a comparable 2359
3501-sales analysis, an appraisal prepared by the Division of State 2360
3502-Lands, or other reasonably prudent procedures may be used by the 2361
3503-Division of State Lands to estimate the value of the parcel, 2362
3504-provided the public's interest is reasonably protected. 2363
3505- 2364
3506-The department, a local government, a special district, or a 2365
3507-land authority within an area of critical state concern may make 2366
3508-recommendations with respect to additional purchases which were 2367
3509-not included in the state land planning agency recommendations. 2368
3510- 2369
3511- Section 32. The Legislature determines and declares that 2370
3512-this act fulfills an important state interest. 2371
3513- Section 33. This act shall take effect July 1, 2023. 2372
3492+Division of State Lands to estimate the value of the parcel, 2351
3493+provided the public's interest is reasonably protected. 2352
3494+ 2353
3495+The department, a local government, a special district, or a 2354
3496+land authority within an a rea of critical state concern may make 2355
3497+recommendations with respect to additional purchases which were 2356
3498+not included in the state land planning agency recommendations. 2357
3499+ 2358
3500+ Section 32. The Legislature determines and declares that 2359
3501+this act fulfills an import ant state interest. 2360
3502+ Section 33. This act shall take effect July 1, 2023. 2361