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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to environmental protection; amending 2
s. 163.3177, F.S.; revising the required components of 3
a local government comprehensive plan capital 4
improvements element and general sanitary sewer, solid 5
waste, drainage, potable water, and natural 6
groundwater aquifer recharge element; making technical 7
changes; requiring the update of comprehensive plans 8
by a specified date; providing applicability; ame nding 9
s. 253.025, F.S.; increasing the estimated value 10
threshold of land acquisition agreements that are 11
required to be submitted to and approved by the Board 12
of Trustees of the Internal Improvement Trust Fund; 13
removing the requirement that agreements to a cquire 14
initial lands for Florida Forever projects be 15
submitted to and approved by the board of trustees; 16
increasing the estimated value threshold for the 17
appraisal of certain land acquisitions; requiring, 18
rather than authorizing, the Department of 19
Environmental Protection to disclose appraisal reports 20
to private landowners or their representatives during 21
negotiations for certain land acquisitions; removing a 22
provision requiring private landowners to maintain 23
confidentiality of such reports; specifying the 24
authority of the board of trustees or the department, 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as applicable, to acquire certain parcels at full 26
value as determined by the highest approved appraisal ; 27
amending s. 259.032, F.S.; authorizing the board of 28
trustees to acquire interests in lands that co mplete 29
certain linkages within the Florida wildlife corridor; 30
conforming a provision to changes made by the act; 31
making technical changes; amending s. 259.105, F.S.; 32
requiring the Department of Agriculture and Consumer 33
Services to submit an updated priorit y list for the 34
acquisition of certain agricultural lands to the 35
Acquisition and Restoration Council by a specified 36
date; providing construction; conforming cross -37
references; deleting an obsolete provision; requiring 38
the council to give increased priority t o specified 39
projects; creating s. 373.469, F.S.; providing 40
legislative findings and intent; defining terms; 41
providing the components of the Indian River Lagoon 42
Protection Program; requiring the department to 43
evaluate and update the basin management action plans 44
within the program at specified intervals; requiring 45
the department, in coordination with specified 46
entities, to identify and prioritize strategies and 47
projects to achieve certain water quality standards 48
and total maximum daily loads; requiring the 49
department, in coordination with specified entities, 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to implement the Indian River Lagoon Watershed 51
Research and Water Quality Monitoring Program for 52
specified purposes; prohibiting the installation of 53
new onsite sewage treatment and disposal systems 54
beginning on a specified date under certain 55
circumstances; requiring that commercial or 56
residential properties with existing onsite sewage 57
treatment and disposal systems be connected to central 58
sewer or be upgraded to a certain system by a 59
specified date; provid ing construction; authorizing 60
the department and the governing boards of the St. 61
Johns River Water Management District and the South 62
Florida Water Management District to adopt rules; 63
amending s. 373.501, F.S.; requiring, rather than 64
authorizing, the depart ment to transfer appropriated 65
funds to the water management districts for specified 66
purposes; requiring the districts to annually report 67
to the department on the use of such funds; amending 68
s. 373.802, F.S.; defining the term "enhanced 69
nutrient-reducing onsite sewage treatment and disposal 70
system"; amending s. 373.807, F.S.; conforming a 71
cross-reference; revising requirements for onsite 72
sewage treatment and disposal system remediation plans 73
for springs; amending s. 373.811, F.S.; prohibiting 74
new onsite sewage treatment and disposal systems 75
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within basin management action plans in effect for 76
Outstanding Florida Springs under certain 77
circumstances; authorizing the installation of 78
enhanced or alternative systems for certain lots; 79
amending s. 375.041, F.S.; requi ring an annual 80
appropriation from the Land Acquisition Trust Fund to 81
the department for the acquisition of specified lands; 82
deleting an obsolete provision; amending s. 381.0065, 83
F.S.; defining the term "enhanced nutrient -reducing 84
onsite sewage treatment an d disposal system"; amending 85
s. 381.00655, F.S.; encouraging local governmental 86
agencies that receive funding for connecting onsite 87
sewage treatment and disposal systems to central sewer 88
facilities to provide notice of the funding 89
availability to certain o wners of onsite sewage 90
treatment and disposal systems and to maintain a 91
website with certain information regarding the 92
funding; reordering and amending s. 403.031, F.S.; 93
defining and revising terms; amending s. 403.067, 94
F.S.; revising requirements for new or revised basin 95
management action plans; requiring that basin 96
management action plans include 5 -year milestones for 97
implementation; requiring certain entities to identify 98
projects or strategies to meet such milestones; 99
prohibiting the installation of new onsite sewage 100
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treatment and disposal systems within specified areas 101
under certain circumstances; requiring the 102
installation of enhanced or alternative systems for 103
certain lots; revising requirements for a basin 104
management action plan's cooperative agricult ural 105
regional water quality improvement element; amending 106
s. 403.0673, F.S.; renaming the wastewater grant 107
program as the water quality improvement grant 108
program; revising the purposes of the grant program; 109
specifying the projects for which the department may 110
provide grants under the program; requiring the 111
department to prioritize certain projects; requiring 112
the department to coordinate with each water 113
management district to annually identify projects; 114
requiring the department to coordinate with specified 115
entities to identify projects; revising reporting 116
requirements; amending s. 403.086, F.S.; revising the 117
waters that sewage disposal facilities are prohibited 118
from disposing wastes into; amending s. 570.71, F.S.; 119
requiring the Department of Agriculture and C onsumer 120
Services, in consultation with the Department of 121
Environmental Protection, the water management 122
districts, the Department of Economic Opportunity, and 123
the Florida Fish and Wildlife Conservation Commission, 124
to adopt rules giving funding priority and preference 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to specified lands; requiring the Department of 126
Agriculture and Consumer Services to submit certain 127
purchase agreements to the Board of Trustees of the 128
Internal Improvement Trust Fund for approval; amending 129
s. 570.715, F.S.; increasing the esti mated value 130
threshold for the appraisal of specified conservation 131
easement acquisitions; requiring, rather than 132
authorizing, the Department of Agriculture and 133
Consumer Services to disclose appraisal reports to 134
private landowners or their representatives du ring 135
negotiations for certain land acquisitions; amending 136
ss. 201.15, 259.105, 373.019, 373.4132, 373.414, 137
373.4142, 373.430, 373.4592, 403.890, 403.892, 138
403.9301, and 403.9302, F.S.; conforming cross -139
references and provisions to changes made by the act; 140
reenacting s. 259.045(6), F.S., relating to the 141
purchase of lands in areas of critical state concern, 142
to incorporate the amendment made to s. 259.032, F.S., 143
in a reference thereto; providing a declaration of 144
important state interest ; providing an effective date. 145
146
Be It Enacted by the Legislature of the State of Florida: 147
148
Section 1. Paragraph (a) of subsection (3) and paragraph 149
(c) of subsection (6) of section 163.3177, Florida Statutes, are 150
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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
amended to read: 151
163.3177 Required and optional elements o f comprehensive 152
plan; studies and surveys. — 153
(3)(a) The comprehensive plan must shall contain a capital 154
improvements element designed to consider the need for and the 155
location of public facilities in order to encourage the 156
efficient use of such facilities and set forth all of the 157
following: 158
1. A component that outlines principles for construction, 159
extension, or increase in capacity of public facilities, as well 160
as a component that outlines principles for correcting existing 161
public facility deficiencies, which are necessary to implement 162
the comprehensive plan. The components must shall cover at least 163
a 5-year period. 164
2. Estimated public facility costs, including a 165
delineation of when facilities will be needed, the general 166
location of the facilities, and projected revenue sources to 167
fund the facilities. 168
3. Standards to ensure the availability of public 169
facilities and the adequacy of those facilities to meet 170
established acceptable levels of service. 171
4. A schedule of capital improvements which includes a ny 172
publicly funded projects of federal, state, or local government, 173
and which may include privately funded projects for which the 174
local government has no fiscal responsibility. Projects 175
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necessary to ensure that any adopted level -of-service standards 176
are achieved and maintained for the 5 -year period must be 177
identified as either funded or unfunded and given a level of 178
priority for funding. 179
5. The schedule must: 180
a. Include transportation improvements included in the 181
applicable metropolitan planning organiz ation's transportation 182
improvement program adopted pursuant to s. 339.175(8) to the 183
extent that such improvements are relied upon to ensure 184
concurrency and financial feasibility ;. 185
b. Where applicable, include a list of projects necessary 186
to achieve the pollutant load reductions attributable to the 187
local government, as established in a basin management action 188
plan pursuant to s. 403.067(7); and 189
c. The schedule must Be coordinated with the applicable 190
metropolitan planning organization's long -range transportation 191
plan adopted pursuant to s. 339.175(7). 192
(6) In addition to the requirements of subsections (1) -193
(5), the comprehensive plan shall include the following 194
elements: 195
(c) A general sanitary sewer, solid waste, drainage, 196
potable water, and natural groundwater aquifer recharge element 197
correlated to principles and guidelines for future land use, 198
indicating ways to provide for future potable water, drainage, 199
sanitary sewer, solid waste, and aquifer recharge protection 200
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requirements for the area. The element may be a detailed 201
engineering plan including a topographic map depicting areas of 202
prime groundwater recharge. 203
1. Each local government shall address in the data and 204
analyses required by this section those facilities that p rovide 205
service within the local government's jurisdiction. Local 206
governments that provide facilities to serve areas within other 207
local government jurisdictions shall also address those 208
facilities in the data and analyses required by this section, 209
using data from the comprehensive plan for those areas for the 210
purpose of projecting facility needs as required in this 211
subsection. For shared facilities, each local government shall 212
indicate the proportional capacity of the systems allocated to 213
serve its jurisdiction. 214
2. The element must shall describe the problems and needs 215
and the general facilities that will be required for solution of 216
the problems and needs, including correcting existing facility 217
deficiencies. The element must shall address coordinating the 218
extension of, or increase in the capacity of, or upgrade in 219
treatment of facilities to meet future needs ; prioritizing 220
advanced waste treatment while maximizing the use of existing 221
facilities and discouraging urban sprawl; conserving potable 222
water resources; and protecting the functions of natural 223
groundwater recharge areas and natural drainage features. 224
3. Within the local government's jurisdiction, for any 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development of more than 50 residential lots, whether built or 226
unbuilt, with more than one onsite sewage treatment and disposal 227
system per 1 acre, the element must consider the feasibility of 228
providing sanitary sewer services within a 10 -year planning 229
horizon and must identify the name and location of the 230
wastewater facility that could receive sanitary sewer flows 231
after connection; the capacity of the facility and any 232
associated transmission facilities; the projected wastewater 233
flow at that facility for the next 20 years, including expected 234
future new construction and connections of onsite sewage 235
treatment and disposal systems to sanitary sewer; and a timeline 236
for the construction of the sanitary sewer system. An onsite 237
sewage treatment and disposal system is presumed to exist on a 238
parcel if sanitary sewer services are not available at or 239
adjacent to the parcel boundary. Each comprehensive plan must be 240
updated to include this element by July 1, 2024, and as needed 241
thereafter to account for future applicable developments. This 242
subparagraph does not apply to a local government designated as 243
a rural area of opportunity under s. 288.0656. 244
4. Within 18 months after the governing board approves an 245
updated regional water supply plan, the element must incorporate 246
the alternative water supply project or projects selected by the 247
local government from those identif ied in the regional water 248
supply plan pursuant to s. 373.709(2)(a) or proposed by the 249
local government under s. 373.709(8)(b). If a local government 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is located within two water management districts, the local 251
government must shall adopt its comprehensive p lan amendment 252
within 18 months after the later updated regional water supply 253
plan. The element must identify such alternative water supply 254
projects and traditional water supply projects and conservation 255
and reuse necessary to meet the water needs identifie d in s. 256
373.709(2)(a) within the local government's jurisdiction and 257
include a work plan, covering at least a 10 -year planning 258
period, for building public, private, and regional water supply 259
facilities, including development of alternative water supplies, 260
which are identified in the element as necessary to serve 261
existing and new development. The work plan must shall be 262
updated, at a minimum, every 5 years within 18 months after the 263
governing board of a water management district approves an 264
updated regional water supply plan. Local governments, public 265
and private utilities, regional water supply authorities, 266
special districts, and water management districts are encouraged 267
to cooperatively plan for the development of multijurisdictional 268
water supply facilities that are sufficient to meet projected 269
demands for established planning periods, including the 270
development of alternative water sources to supplement 271
traditional sources of groundwater and surface water supplies. 272
5.4. A local government that does not own , operate, or 273
maintain its own water supply facilities, including, but not 274
limited to, wells, treatment facilities, and distribution 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
infrastructure, and is served by a public water utility with a 276
permitted allocation of greater than 300 million gallons per day 277
is not required to amend its comprehensive plan in response to 278
an updated regional water supply plan or to maintain a work plan 279
if any such local government's usage of water constitutes less 280
than 1 percent of the public water utility's total permitted 281
allocation. However, any such local government shall is required 282
to cooperate with, and provide relevant data to, any local 283
government or utility provider that provides service within its 284
jurisdiction, and shall to keep its general sanitary sewer, 285
solid waste, potable water, and natural groundwater aquifer 286
recharge element updated in accordance with s. 163.3191. 287
Section 2. Subsection (4) and paragraphs (b), (f), and (j) 288
of subsection (8) of section 253.025, Florida Statutes, are 289
amended to read: 290
253.025 Acquisition of state lands. — 291
(4) An agreement to acquire real property for the purposes 292
described in this chapter, chapter 259, chapter 260, or chapter 293
375, title to which will vest in the board of trustees, may not 294
bind the state before the agreemen t is reviewed and approved by 295
the Department of Environmental Protection as complying with 296
this section and any rules adopted pursuant to this section. If 297
any of the following conditions exist, the agreement must shall 298
be submitted to and approved by the b oard of trustees: 299
(a) The purchase price agreed to by the seller exceeds the 300
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value as established pursuant to the rules of the board of 301
trustees.; 302
(b) The contract price agreed to by the seller and the 303
acquiring agency exceeds $5 $1 million.; 304
(c) The acquisition is the initial purchase in a Florida 305
Forever project; or 306
(c)(d) Other conditions that the board of trustees may 307
adopt by rule. Such conditions may include, but are not limited 308
to, Florida Forever projects when title to the property being 309
acquired is considered nonmarketable or is encumbered in such a 310
way as to significantly affect its management. 311
312
If approval of the board of trustees is required pursuant to 313
this subsection, the acquiring agency must provide a 314
justification as to why it is in the public's interest to 315
acquire the parcel or Florida Forever project. Approval of the 316
board of trustees is also required for Florida Forever projects 317
the department recommends acquiring pursuant to subsections (11) 318
and (22). Review and approval of agreements for acquisitions for 319
Florida Greenways and Trails Program properties pursuant to 320
chapter 260 may be waived by the department in any contract with 321
nonprofit corporations that have agreed to assist the department 322
with this program. If the contribution of the acquiring agency 323
exceeds $100 million in any one fiscal year, the agreement must 324
shall be submitted to and approved by the Legislative Budget 325
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Commission. 326
(8) Before approval by the board of trustees, or, when 327
applicable, the Department of Environmental Protection, of any 328
agreement to purchase land pursuant to this chapter, chapter 329
259, chapter 260, or chapter 375, and before negotiations with 330
the parcel owner to purchase any other land, title to which will 331
vest in the board of trustees, an appraisal of the parcel shall 332
be required as follows: 333
(b) Each parcel to be acquired must shall have at least 334
one appraisal. Two appraisals are required when the estimated 335
value of the parcel exceeds $5 $1 million. However, if bot h 336
appraisals exceed $5 $1 million and differ significantly, a 337
third appraisal may be obtained. If a parcel is estimated to be 338
worth $100,000 or less and the director of the Division of State 339
Lands finds that the cost of an outside appraisal is not 340
justified, a comparable sales analysis, an appraisal prepared by 341
the division, or other reasonably prudent procedures may be used 342
by the division to estimate the value of the parcel, provided 343
the public's interest is reasonably protected. The state is not 344
required to appraise the value of lands and appurtenances that 345
are being donated to the state. 346
(f) Appraisal reports are confidential and exempt from s. 347
119.07(1), for use by the agency and the board of trustees, 348
until an option contract is executed or, if no op tion contract 349
is executed, until 2 weeks before a contract or agreement for 350
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purchase is considered for approval by the board of trustees. 351
However, the Department of Environmental Protection shall may 352
disclose appraisal reports to private landowners or their 353
representatives during negotiations for acquisitions using 354
alternatives to fee simple techniques, if the department 355
determines that disclosure of such reports will bring the 356
proposed acquisition to closure. However, the private landowner 357
must agree to maintain the confidentiality of the reports or 358
information. The department may also disclose appraisal 359
information to public agencies or nonprofit organizations that 360
agree to maintain the confidentiality of the reports or 361
information when joint acquisition o f property is contemplated, 362
or when a public agency or nonprofit organization enters into a 363
written agreement with the department to purchase and hold 364
property for subsequent resale to the board of trustees. In 365
addition, the department may use, as its own, appraisals 366
obtained by a public agency or nonprofit organization, if the 367
appraiser is selected from the department's list of appraisers 368
and the appraisal is reviewed and approved by the department. 369
For purposes of this paragraph, the term "nonprofit 370
organization" means an organization that is exempt from federal 371
income tax under s. 501(c)(3) of the Internal Revenue Code and, 372
for purposes of the acquisition of conservation lands, an 373
organization whose purpose must include the preservation of 374
natural resources. The agency may release an appraisal report 375
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when the passage of time has rendered the conclusions of value 376
in the report invalid or when the acquiring agency has 377
terminated negotiations. 378
(j)1. The board of trustees shall adopt by rule the method 379
for determining the value of parcels sought to be acquired by 380
state agencies pursuant to this section. An offer by a state 381
agency may not exceed the value for that parcel as determined 382
pursuant to the highest approved appraisal or the value 383
determined pursuant to the rules of the board of trustees, 384
whichever value is less. 385
2. The board of trustees or, when applicable, the 386
Department of Environmental Protection may acquire parcels 387
pursuant to this chapter and chapter 259 for the full value of 388
that parcel as determined pursuant to the highest approved 389
appraisal. 390
3.2. For a joint acquisition by a state agency and a local 391
government or other entity apart from the state, the joint 392
purchase price may not exceed 150 percent of the value for a 393
parcel as determined in accordance with the limits in 394
subparagraph 1. The state agency share of a joint purchase offer 395
may not exceed what the agency may offer singly pursuant to 396
subparagraph 1. 397
4.3. This paragraph does not apply to the acquisition of 398
historically unique or si gnificant property as determined by the 399
Division of Historical Resources of the Department of State. 400
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401
Notwithstanding this subsection, on behalf of the board of 402
trustees and before the appraisal of parcels approved for 403
purchase under this chapter or chapte r 259, the Secretary of 404
Environmental Protection or the director of the Division of 405
State Lands may enter into option contracts to buy such parcels. 406
Any such option contract shall state that the final purchase 407
price is subject to approval by the board of t rustees or, if 408
applicable, the Secretary of Environmental Protection, and that 409
the final purchase price may not exceed the maximum offer 410
allowed by law. Any such option contract presented to the board 411
of trustees for final purchase price approval shall exp licitly 412
state that payment of the final purchase price is subject to an 413
appropriation from the Legislature. The consideration for such 414
an option may not exceed $1,000 or 0.01 percent of the estimate 415
by the department of the value of the parcel, whichever a mount 416
is greater. 417
Section 3. Subsections (2) and (7), paragraph (b) of 418
subsection (8), and paragraph (d) of subsection (9) of section 419
259.032, Florida Statutes, are amended to read: 420
259.032 Conservation and recreation lands. — 421
(2) The Governor and C abinet, sitting as the Board of 422
Trustees of the Internal Improvement Trust Fund, may expend 423
moneys appropriated by the Legislature to acquire the fee or any 424
lesser interest in lands for any of the following public 425
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purposes: 426
(a) To conserve and protect environmentally unique and 427
irreplaceable lands that contain native, relatively unaltered 428
flora and fauna representing a natural area unique to, or scarce 429
within, a region of this state or a larger geographic area; 430
(b) To conserve and protect lands within designated areas 431
of critical state concern, if the proposed acquisition relates 432
to the natural resource protection purposes of the designation; 433
(c) To conserve and protect native species habitat or 434
endangered or threatened s pecies, emphasizing long -term 435
protection for endangered or threatened species designated G -1 436
or G-2 by the Florida Natural Areas Inventory, and especially 437
those areas that are special locations for breeding and 438
reproduction; 439
(d) To conserve, protect, man age, or restore important 440
ecosystems, landscapes, and forests, if the protection and 441
conservation of such lands is necessary to enhance or protect 442
significant surface water, groundwater, coastal, recreational, 443
timber, or fish or wildlife resources which ca nnot otherwise be 444
accomplished through local and state regulatory programs; 445
(e) To promote water resource development that benefits 446
natural systems and citizens of the state; 447
(f) To facilitate the restoration and subsequent health 448
and vitality of the F lorida Everglades; 449
(g) To provide areas, including recreational trails, for 450
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natural resource-based recreation and other outdoor recreation 451
on any part of any site compatible with conservation purposes; 452
(h) To preserve significant archaeological or historic 453
sites; 454
(i) To conserve urban open spaces suitable for greenways 455
or outdoor recreation which are compatible with conservation 456
purposes; or 457
(j) To preserve agricultural lands under threat of 458
conversion to development through less -than-fee acquisitions; or 459
(k) To complete critical linkages through fee or less -460
than-fee acquisitions that will help preserve and protect the 461
green and blue infrastructure and vital habitat for wide -ranging 462
wildlife, such as the Florida panther, within the Florida 463
wildlife corridor as defined in s. 259.1055(4) . 464
(7)(a) All lands managed under this chapter and s. 253.034 465
must shall be: 466
1.(a) Managed in a manner that will provide the greatest 467
combination of benefits to the public and to the resources. 468
2.(b) Managed for public outdoor recreation which is 469
compatible with the conservation and protection of public lands. 470
Such management may include, but not be limited to, the 471
following public recreational uses: fishing, hunti ng, camping, 472
bicycling, hiking, nature study, swimming, boating, canoeing, 473
horseback riding, diving, model hobbyist activities, birding, 474
sailing, jogging, and other related outdoor activities. 475
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(b)(c) Concurrent with its adoption of the annual list of 476
acquisition projects pursuant to s. 259.035, the board shall 477
adopt a management prospectus for each project. The management 478
prospectus shall delineate: 479
1. The management goals for the property; 480
2. The conditions that will affect the intensity of 481
management; 482
3. An estimate of the revenue -generating potential of the 483
property, if appropriate; 484
4. A timetable for implementing the various stages of 485
management and for providing access to the public, if 486
applicable; 487
5. A description of potential multiple -use activities as 488
described in this section and s. 253.034; 489
6. Provisions for protecting existing infrastructure and 490
for ensuring the security of the project upon acquisition; 491
7. The anticipated costs of management and projected 492
sources of revenue, includi ng legislative appropriations, to 493
fund management needs; and 494
8. Recommendations as to how many employees will be needed 495
to manage the property, and recommendations as to whether local 496
governments, volunteer groups, the former landowner, or other 497
interested parties can be involved in the management. 498
(c)(d) Concurrent with the approval of the acquisition 499
contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any 500
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interest in lands except those lands acquired pursuant to s. 501
259.1052, the board shall design ate an agency or agencies to 502
manage such lands. The board shall evaluate and amend, as 503
appropriate, the management policy statement for the project as 504
provided by s. 259.035 to ensure that the policy statement is 505
compatible with conservation, recreation, o r both. For any fee 506
simple acquisition of a parcel which is or will be leased back 507
for agricultural purposes, or any acquisition of a less than fee 508
interest in land that is or will be used for agricultural 509
purposes, the board shall first consider having a soil and water 510
conservation district, created pursuant to chapter 582, manage 511
and monitor such interests. 512
(d)(e) State agencies designated to manage lands acquired 513
under this chapter or with funds deposited into the Land 514
Acquisition Trust Fund, except th ose lands acquired under s. 515
259.1052, may contract with local governments and soil and water 516
conservation districts to assist in management activities, 517
including the responsibility of being the lead land manager. 518
Such land management contracts may include a provision for the 519
transfer of management funding to the local government or soil 520
and water conservation district from the land acquisition trust 521
fund of the lead land managing agency in an amount adequate for 522
the local government or soil and water conser vation district to 523
perform its contractual land management responsibilities and 524
proportionate to its responsibilities, and which otherwise would 525
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have been expended by the state agency to manage the property. 526
(e)(f) Immediately following the acquisition o f any 527
interest in conservation and recreation lands, the department, 528
acting on behalf of the board, may issue to the lead managing 529
entity an interim assignment letter to be effective until the 530
execution of a formal lease. 531
(8) 532
(b) Individual management p lans required by s. 253.034(5), 533
for parcels over 160 acres, shall be developed with input from 534
an advisory group. Members of this advisory group shall include, 535
at a minimum, representatives of the lead land managing agency, 536
comanaging entities, local priva te property owners, the 537
appropriate soil and water conservation district, a local 538
conservation organization, and a local elected official. If 539
habitat or potentially restorable habitat for imperiled species 540
is located on state lands, the Fish and Wildlife C onservation 541
Commission and the Department of Agriculture and Consumer 542
Services shall be included on any advisory group required under 543
chapter 253, and the short -term and long-term management goals 544
required under chapter 253 must advance the goals and objec tives 545
of imperiled species management without restricting other uses 546
identified in the management plan. The advisory group shall 547
conduct at least one public hearing within the county in which 548
the parcel or project is located. For those parcels or projects 549
that are within more than one county, at least one areawide 550
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public hearing shall be acceptable and the lead managing agency 551
shall invite a local elected official from each county. The 552
areawide public hearing shall be held in the county in which the 553
core parcels are located. Notice of such public hearing shall be 554
posted on the parcel or project designated for management, 555
advertised in a paper of general circulation, and announced at a 556
scheduled meeting of the local governing body before the actual 557
public hearing. The management prospectus required pursuant to 558
paragraph (7)(b) (7)(c) shall be available to the public for a 559
period of 30 days before the public hearing. 560
561
By July 1 of each year, each governmental agency and each 562
private entity designated to manage lands shall report to the 563
Secretary of Environmental Protection on the progress of 564
funding, staffing, and resource management of every project for 565
which the agency or entity is responsible. 566
(9) 567
(d) Up to one-fifth of the funds appropriated for the 568
purposes identified in paragraph (b) shall be reserved by the 569
board for interim management of acquisitions and for associated 570
contractual services, to ensure the conservation and protection 571
of natural resources on project sit es and to allow limited 572
public recreational use of lands. Interim management activities 573
may include, but not be limited to, resource assessments, 574
control of invasive, nonnative species, habitat restoration, 575
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fencing, law enforcement, controlled burning, and public access 576
consistent with preliminary determinations made pursuant to 577
paragraph (7)(e) (7)(f). The board shall make these interim 578
funds available immediately upon purchase. 579
Section 4. Paragraphs (i), (l), and (m) of subsection (3), 580
paragraph (a) of subsection (5), and paragraph (i) of subsection 581
(15) of section 259.105, Florida Statutes, are amended, and 582
paragraphs (g) and (h) are added to subsection (10) of that 583
section, to read: 584
259.105 The Florida Forever Act. — 585
(3) Less the costs of issuing and the costs of funding 586
reserve accounts and other costs associated with bonds, the 587
proceeds of cash payments or bonds issued pursuant to this 588
section shall be deposited into the Florida Forever Trust Fund 589
created by s. 259.1051. The proceeds shall be dis tributed by the 590
Department of Environmental Protection in the following manner: 591
(i) Three and five-tenths percent to the Department of 592
Agriculture and Consumer Services for the acquisition of 593
agricultural lands, through perpetual conservation easements a nd 594
other perpetual less than fee techniques, which will achieve the 595
objectives of Florida Forever and s. 570.71. Rules concerning 596
the application, acquisition, and priority ranking process for 597
such easements shall be developed pursuant to s. 570.71(10) and 598
as provided by this paragraph. The board shall ensure that such 599
rules are consistent with the acquisition process provided for 600
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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
in s. 570.715. The rules developed pursuant to s. 570.71(10), 601
shall also provide for the following: 602
1. An annual priority list shall be developed pursuant to 603
s. 570.71(10), submitted to the council for review, and approved 604
by the board pursuant to s. 259.04. By March 1, 2024, the 605
Department of Agriculture and Consumer Services shall submit an 606
updated priority list to the council. Any acquisitions for which 607
funds have been obligated before July 1, 2023, to pay for an 608
appraisal may not be impacted by the updated priority list. 609
2. Terms of easements and acquisitions proposed pursuant 610
to this paragraph shall be approved by the board and may not be 611
delegated by the board to any other entity receiving funds under 612
this section. 613
3. All acquisitions pursuant to this paragraph shall 614
contain a clear statement that they are subject to legislative 615
appropriation. 616
617
Funds provided under this p aragraph may not be expended until 618
final adoption of rules by the board pursuant to s. 570.71. 619
(l) For the purposes of paragraphs (e), (f), (g), and (h), 620
the agencies that receive the funds shall develop their 621
individual acquisition or restoration lists in accordance with 622
specific criteria and numeric performance measures developed 623
pursuant to s. 259.035(4). Proposed additions may be acquired if 624
they are identified within the original project boundary, the 625
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management plan required pursuant to s. 253.034(5 ), or the 626
management prospectus required pursuant to s. 259.032(7)(b) s. 627
259.032(7)(c). Proposed additions not meeting the requirements 628
of this paragraph shall be submitted to the council for 629
approval. The council may only approve the proposed addition if 630
it meets two or more of the following criteria: serves as a link 631
or corridor to other publicly owned property; enhances the 632
protection or management of the property; would add a desirable 633
resource to the property; would create a more manageable 634
boundary configuration; has a high resource value that otherwise 635
would be unprotected; or can be acquired at less than fair 636
market value. 637
(m) Notwithstanding paragraphs (a) -(j) and for the 2021 -638
2022 fiscal year, the amount of $1,998,100 to only the 639
Department of Environmental Protection for grants pursuant to s. 640
375.075. This paragraph expires July 1, 2022. 641
(5)(a) All lands acquired pursuant to this section shall 642
be managed for multiple -use purposes, where compatible with the 643
resource values of and management obje ctives for such lands. As 644
used in this section, "multiple -use" includes, but is not 645
limited to, outdoor recreational activities as described in ss. 646
253.034 and 259.032(7)(a)2. 259.032(7)(b), water resource 647
development projects, sustainable forestry managem ent, carbon 648
sequestration, carbon mitigation, or carbon offsets. 649
(10) The council shall give increased priority to: 650
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(g) Projects in imminent danger of development, loss of 651
significant natural attributes or recreational open space, or 652
subdivision, which would result in multiple ownership and make 653
acquisition of the project costly or less likely to be 654
accomplished. 655
(h) Projects located within the Florida wildlife corridor 656
as defined in s. 259.1055(4). 657
(15) The council shall submit to the board, with i ts list 658
of projects, a report that includes, but need not be limited to, 659
the following information for each project listed: 660
(i) A management policy statement for the project and a 661
management prospectus pursuant to s. 259.032(7)(b) s. 662
259.032(7)(c). 663
Section 5. Section 373.469, Florida Statutes, is created 664
to read: 665
373.469 Indian River Lagoon Protection Program. — 666
(1) FINDINGS AND INTENT. — 667
(a) The Legislature finds that: 668
1. The Indian River Lagoon is a critical water resource of 669
this state which provides many economic, natural habitat, and 670
biodiversity functions that benefit the public interest, 671
including fishing, navigation, recreation, and habitat to 672
endangered and threatened species and other flora and fauna. 673
2. Among other causes, land use changes, onsite sewage 674
treatment and disposal systems, aging infrastructure, stormwater 675
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runoff, agriculture, and residential fertilizer have resulted in 676
excess nutrients entering the Indian River Lagoon and adversely 677
impacting the lagoon's water quality. 678
3. Improvement to the hydrology, water quality, and 679
associated aquatic habitats within the Indian River Lagoon is 680
essential to the protection of the resource. 681
4. It is imperative for the state, local governments, and 682
agricultural and environmental communities to commit to 683
restoring and protecting the surface water resources of the 684
Indian River Lagoon, and a holistic approach to address these 685
issues must be developed and implemented immediately. 686
5. The expeditious implem entation of the Banana River 687
Lagoon Basin Management Action Plan, Central Indian River Lagoon 688
Basin Management Action Plan, North Indian River Lagoon Basin 689
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 690
Plan are necessary to improve the q uality of water in the Indian 691
River Lagoon ecosystem and to provide a reasonable means of 692
achieving the total maximum daily load requirements and 693
achieving and maintaining compliance with state water quality 694
standards. 695
6. The implementation of the progra ms contained in this 696
section will benefit the public health, safety, and welfare and 697
is in the public interest. 698
(b) The Legislature intends for this state to protect and 699
restore surface water resources and achieve and maintain 700
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compliance with water quali ty standards in the Indian River 701
Lagoon through the phased, comprehensive, and innovative 702
protection program set forth in this section, including long -703
term solutions based upon the total maximum daily loads 704
established in accordance with s. 403.067. This p rogram is 705
watershed-based, provides for the consideration of all water 706
quality issues needed to meet the total maximum daily load, and 707
includes research and monitoring, development and implementation 708
of best management practices, refinement of existing 709
regulations, and structural and nonstructural projects, 710
including public works. 711
(2) DEFINITIONS.—As used in this section, the term: 712
(a) "Best management practice" means a practice or 713
combination of practices determined by the coordinating 714
agencies, based on research, field -testing, and expert review, 715
to be the most effective and practicable on -location means, 716
including economic and technological considerations, for 717
improving water quality in agricultural and urban discharges. 718
Best management practices for agricultural discharges must 719
reflect a balance between water quality improvements and 720
agricultural productivity. 721
(b) "Enhanced nutrient -reducing onsite sewage treatment 722
and disposal system" means an onsite sewage treatment and 723
disposal system approved by the department as capable of meeting 724
or exceeding a 50 percent total nitrogen reduction before 725
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disposal of wastewater in the drainfield, or at least 65 percent 726
total nitrogen reduction combined from onsite sewage tank or 727
tanks and drainfield. 728
(c) "Total maximum daily load" means the sum of the 729
individual wasteload allocations for point sources and the load 730
allocations for nonpoint sources and natural background adopted 731
pursuant to s. 403.067. Before determining individual wasteload 732
allocations and load allocations, the maximum amount of a 733
pollutant that a waterbody or water segment can assimilate from 734
all sources without exceeding water quality standards must first 735
be calculated. 736
(3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM. —The Indian 737
River Lagoon Protection Program consists of the Banana River 738
Lagoon Basin Management Action Plan, Central Indian River Lagoon 739
Basin Management Action Plan, North Indian River Lagoon Basin 740
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 741
Plan, and such plans are the components of the Indian River 742
Lagoon Protection Program which achieve phosphorous and nitrogen 743
load reductions for the Indian River Lagoon. 744
(a) Evaluation.—Every 5 years, the department shall 745
evaluate and update the Banana Riv er Lagoon Basin Management 746
Action Plan, Central Indian River Lagoon Basin Management Action 747
Plan, and North Indian River Lagoon Basin Management Action Plan 748
and identify any further load reductions necessary to achieve 749
compliance with the relevant total ma ximum daily loads 750
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established pursuant to s. 403.067. As provided in s. 751
403.067(7)(a)6., such plans must include 5 -year milestones for 752
implementation and water quality improvement and a water quality 753
monitoring component sufficient to evaluate whether reas onable 754
progress in pollutant load reductions is being achieved over 755
time. 756
(b) Water quality standards and total maximum daily 757
loads.—The department, in coordination with the Department of 758
Agriculture and Consumer Services, the St. Johns River Water 759
Management District, South Florida Water Management District, 760
local governments, the Indian River Lagoon National Estuary 761
Program, and other stakeholders, shall identify and prioritize 762
strategies and projects necessary to achieve water quality 763
standards within the Indian River Lagoon watershed and meet the 764
total maximum daily loads. Projects identified from this 765
evaluation must be incorporated into the Banana River Lagoon 766
Basin Management Action Plan, Central Indian River Lagoon Basin 767
Management Action Plan, Nor th Indian River Lagoon Basin 768
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 769
Plan, as appropriate. 770
(c) Indian River Lagoon Watershed Research and Water 771
Quality Monitoring Program. —The department, in coordination with 772
the St. Johns River Water Management District, the South Florida 773
Water Management District, and the Indian River Lagoon National 774
Estuary Program, shall implement the Indian River Lagoon 775
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Watershed Research and Water Quality Monitoring Program to 776
establish a comprehensive water quality monitoring network 777
throughout the Indian River Lagoon and fund research pertaining 778
to water quality, ecosystem restoration, and seagrass impacts 779
and restoration. The department shall use the results from the 780
program to prioritize projects and to m ake modifications to the 781
Banana River Lagoon Basin Management Action Plan, Central Indian 782
River Lagoon Basin Management Action Plan, North Indian River 783
Lagoon Basin Management Action Plan, and Mosquito Lagoon 784
Reasonable Assurance Plan, as appropriate. 785
(d) Onsite sewage treatment and disposal systems. — 786
1. Beginning on January 1, 2024, unless previously 787
permitted, the installation of new onsite sewage treatment and 788
disposal systems is prohibited within the Banana River Lagoon 789
Basin Management Action Plan, Central Indian River Lagoon Basin 790
Management Action Plan, North Indian River Lagoon Basin 791
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 792
Plan areas where a publicly owned or investor -owned sewerage 793
system is available as defined in s. 38 1.0065(2)(a). Where 794
central sewerage is not available, only enhanced nutrient -795
reducing onsite sewage treatment and disposal systems or other 796
wastewater treatment systems that achieve at least 65 percent 797
nitrogen reduction are authorized. 798
2. By July 1, 2030, any commercial or residential property 799
with an existing onsite sewage treatment and disposal system 800
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located within the Banana River Lagoon Basin Management Action 801
Plan, Central Indian River Lagoon Basin Management Action Plan, 802
North Indian River Lagoon Basin Management Action Plan, and 803
Mosquito Lagoon Reasonable Assurance Plan areas must connect to 804
central sewer if available or upgrade to an enhanced nutrient -805
reducing onsite sewage treatment and disposal system or other 806
wastewater treatment system that achieves at least 65 percent 807
nitrogen reduction. 808
(4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS. —This 809
section may not be construed to modify any existing state water 810
quality standard or to modify s. 403.067(6) and (7)(a). 811
(5) PRESERVATION OF AUTHORI TY.—This section may not be 812
construed to restrict the authority otherwise granted to 813
agencies pursuant to this chapter and chapter 403, and this 814
section is supplemental to the authority granted to agencies 815
pursuant to this chapter and chapter 403. 816
(6) RULES.—The department and governing boards of the St. 817
Johns River Water Management District and South Florida Water 818
Management District may adopt rules pursuant to ss. 120.536(1) 819
and 120.54 to implement this section. 820
Section 6. Subsection (1) of section 373.501, Florida 821
Statutes, is amended to read: 822
373.501 Appropriation of funds to water management 823
districts.— 824
(1) The department shall transfer may allocate to the 825
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water management districts , from funds appropriated to the 826
districts through the department in, such sums as may be deemed 827
necessary to defray the costs of the administrative, regulatory, 828
and other operational activities of the districts. The governing 829
boards shall submit annual budget requests for such purposes to 830
the department, and the department shall consider such budgets 831
in preparing its budget request for the Legislature. The 832
districts shall annually report to the department on the use of 833
the funds. 834
Section 7. Present subsections (2) through (8) of section 835
373.802, Florida Statutes, are redesignated as subsections (3) 836
through (9), respectively, and a new subsection (2) is added to 837
that section, to read: 838
373.802 Definitions. —As used in this part, the term: 839
(2) "Enhanced nutrient -reducing onsite sewage tr eatment 840
and disposal system" means an onsite sewage treatment and 841
disposal system approved by the department as capable of meeting 842
or exceeding a 50 percent total nitrogen reduction before 843
disposal of wastewater in the drainfield, or at least 65 percent 844
total nitrogen reduction combined from the onsite sewage tank or 845
tanks and drainfield. 846
Section 8. Subsections (2) and (3) of section 373.807, 847
Florida Statutes, are amended to read: 848
373.807 Protection of water quality in Outstanding Florida 849
Springs.—By July 1, 2016, the department shall initiate 850
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assessment, pursuant to s. 403.067(3), of Outstanding Florida 851
Springs or spring systems for which an impairment determination 852
has not been made under the numeric nutrient standards in effect 853
for spring vents. Ass essments must be completed by July 1, 2018. 854
(2) By July 1, 2017, each local government, as defined in 855
s. 373.802(3) s. 373.802(2), that has not adopted an ordinance 856
pursuant to s. 403.9337, shall develop, enact, and implement an 857
ordinance pursuant to that section. It is the intent of the 858
Legislature that ordinances required to be adopted under this 859
subsection reflect the latest scientific information, 860
advancements, and technological improvements in the industry. 861
(3) As part of a basin management action plan that 862
includes an Outstanding Florida Spring, the department, relevant 863
local governments, and relevant local public and private 864
wastewater utilities shall develop an onsite sewage treatment 865
and disposal system remediation plan for a spring if the 866
department determines onsite sewage treatment and disposal 867
systems within a basin management action plan priority focus 868
area contribute at least 20 percent of nonpoint source nitrogen 869
pollution or if the department determines remediatio n is 870
necessary to achieve the total maximum daily load. The plan must 871
shall identify cost-effective and financially feasible projects 872
necessary to reduce the nutrient impacts from onsite sewage 873
treatment and disposal systems and shall be completed and 874
adopted as part of the basin management action plan no later 875
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than the first 5-year milestone required by subparagraph 876
(1)(b)8. The department is the lead agency in coordinating the 877
preparation of and the adoption of the plan. The department 878
shall: 879
(a) Collect and evaluate credible scientific information 880
on the effect of nutrients, particularly forms of nitrogen, on 881
springs and springs systems; and 882
(b) Develop a public education plan to provide area 883
residents with reliable, understandable information about o nsite 884
sewage treatment and disposal systems and springs. 885
886
In addition to the requirements in s. 403.067, the plan must 887
shall include options for repair, upgrade, replacement, 888
drainfield modification, addition of effective nitrogen reducing 889
features, connection to a central sewerage system, or other 890
action for an onsite sewage treatment and disposal system or 891
group of systems within a basin management action plan priority 892
focus area that contribute at least 20 percent of nonpoint 893
source nitrogen pollution or if the department determines 894
remediation is necessary to achieve a total maximum daily load. 895
For these systems, the department shall include in the plan a 896
priority ranking for each system or group of systems that 897
requires remediation and shall award funds to implement the 898
remediation projects contingent on an appropriation in the 899
General Appropriations Act, which may include all or part of the 900
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costs necessary for repair, upgrade, replacement, drainfield 901
modification, addition of effective nitrogen reducing features, 902
initial connection to a central sewerage system, or other 903
action. In awarding funds, the department may consider expected 904
nutrient reduction benefit per unit cost, size and scope of 905
project, relative local financial contribution to the project, 906
and the financial impact on property owners and the community. 907
The department may waive matching funding requirements for 908
proposed projects within an area designated as a rural area of 909
opportunity under s. 288.0656. 910
Section 9. Section 373.811, Florida Statutes, is amended 911
to read: 912
373.811 Prohibited activities within a basin management 913
action plan priority focus area.—The following activities are 914
prohibited within a basin management action plan priority focus 915
area in effect for an Outstanding Florida Spring: 916
(1) New domestic wastewater disposal facilities, including 917
rapid infiltration basins, with permitted capacities of 100,000 918
gallons per day or more, except for those facilities that meet 919
an advanced wastewater treatment standard of no more than 3 mg/l 920
total nitrogen, expressed as N, on an annual permitted basis, or 921
a more stringent treatment standard if the department determines 922
the more stringent standard is necessary to attain a total 923
maximum daily load for the Outstanding Florida Spring. 924
(2) New onsite sewage treatment and disposal systems where 925
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connection to a publicly owned or investor -owned sewerage system 926
is available as defined in s. 381.0065(2)(a). On lots of 1 acre 927
or less, if a publicly owned or investor -owned sewerage system 928
is not available, only the installation of enhanced nutrient -929
reducing onsite sewage treatment and disposal systems or other 930
wastewater treatment systems that achieve at least 65 percent 931
nitrogen reduction are authorized on lots of less than 1 acre, 932
if the addition of the specific systems conflicts with an onsite 933
treatment and disposal system remediation plan incorporated into 934
a basin management action plan in accordance with s. 373.807(3) . 935
(3) New facilities for the disposal of hazardous waste. 936
(4) The land application of Class A or Class B domestic 937
wastewater biosolids not in accordance with a department 938
approved nutrient management plan establishing the rate at which 939
all biosolids, soil amendments, and sources of nutrients at the 940
land application site can be app lied to the land for crop 941
production while minimizing the amount of pollutants and 942
nutrients discharged to groundwater or waters of the state. 943
(5) New agriculture operations that do not implement best 944
management practices, measures necessary to achieve p ollution 945
reduction levels established by the department, or groundwater 946
monitoring plans approved by a water management district or the 947
department. 948
Section 10. Subsection (3) of section 375.041, Florida 949
Statutes, is amended to read: 950
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375.041 Land Acquisition Trust Fund.— 951
(3) Funds distributed into the Land Acquisition Trust Fund 952
pursuant to s. 201.15 shall be applied: 953
(a) First, to pay debt service or to fund debt service 954
reserve funds, rebate obligations, or other amounts payable with 955
respect to Florida Forever bonds issued under s. 215.618; and 956
pay debt service, provide reserves, and pay rebate obligations 957
and other amounts due with respect to Everglades restoration 958
bonds issued under s. 215.619; and 959
(b) Of the funds remaining after the payments required 960
under paragraph (a), but before funds may be appropriated, 961
pledged, or dedicated for other uses: 962
1. A minimum of the lesser of 25 percent or $200 million 963
shall be appropriated annually for Everglades projects that 964
implement the Comprehensive Ev erglades Restoration Plan as set 965
forth in s. 373.470, including the Central Everglades Planning 966
Project subject to congressional authorization; the Long -Term 967
Plan as defined in s. 373.4592(2); and the Northern Everglades 968
and Estuaries Protection Program as set forth in s. 373.4595. 969
From these funds, $32 million shall be distributed each fiscal 970
year through the 2023 -2024 fiscal year to the South Florida 971
Water Management District for the Long -Term Plan as defined in 972
s. 373.4592(2). After deducting the $32 mil lion distributed 973
under this subparagraph, from the funds remaining, a minimum of 974
the lesser of 76.5 percent or $100 million shall be appropriated 975
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each fiscal year through the 2025 -2026 fiscal year for the 976
planning, design, engineering, and construction of the 977
Comprehensive Everglades Restoration Plan as set forth in s. 978
373.470, including the Central Everglades Planning Project, the 979
Everglades Agricultural Area Storage Reservoir Project, the Lake 980
Okeechobee Watershed Project, the C -43 West Basin Storage 981
Reservoir Project, the Indian River Lagoon -South Project, the 982
Western Everglades Restoration Project, and the Picayune Strand 983
Restoration Project. The Department of Environmental Protection 984
and the South Florida Water Management District shall give 985
preference to those Everglades restoration projects that reduce 986
harmful discharges of water from Lake Okeechobee to the St. 987
Lucie or Caloosahatchee estuaries in a timely manner. For the 988
purpose of performing the calculation provided in this 989
subparagraph, the amount o f debt service paid pursuant to 990
paragraph (a) for bonds issued after July 1, 2016, for the 991
purposes set forth under this paragraph shall be added to the 992
amount remaining after the payments required under paragraph 993
(a). The amount of the distribution calcul ated shall then be 994
reduced by an amount equal to the debt service paid pursuant to 995
paragraph (a) on bonds issued after July 1, 2016, for the 996
purposes set forth under this subparagraph. 997
2. A minimum of the lesser of 7.6 percent or $50 million 998
shall be appropriated annually for spring restoration, 999
protection, and management projects. For the purpose of 1000
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performing the calculation provided in this subparagraph, the 1001
amount of debt service paid pursuant to paragraph (a) for bonds 1002
issued after July 1, 2016, for the purposes set forth under this 1003
paragraph shall be added to the amount remaining after the 1004
payments required under paragraph (a). The amount of the 1005
distribution calculated shall then be reduced by an amount equal 1006
to the debt service paid pursuant to para graph (a) on bonds 1007
issued after July 1, 2016, for the purposes set forth under this 1008
subparagraph. 1009
3. The sum of $5 million shall be appropriated annually 1010
each fiscal year through the 2025 -2026 fiscal year to the St. 1011
Johns River Water Management District for projects dedicated to 1012
the restoration of Lake Apopka. This distribution shall be 1013
reduced by an amount equal to the debt service paid pursuant to 1014
paragraph (a) on bonds issued after July 1, 2016, for the 1015
purposes set forth in this subparagraph. 1016
4. The sum of $64 million is appropriated and shall be 1017
transferred to the Everglades Trust Fund for the 2018 -2019 1018
fiscal year, and each fiscal year thereafter, for the EAA 1019
reservoir project pursuant to s. 373.4598. Any funds remaining 1020
in any fiscal year shall be made available only for Phase II of 1021
the C-51 reservoir project or projects identified in 1022
subparagraph 1. and must be used in accordance with laws 1023
relating to such projects. Any funds made available for such 1024
purposes in a fiscal year are in addition to the amount 1025
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appropriated under subparagraph 1. This distribution shall be 1026
reduced by an amount equal to the debt service paid pursuant to 1027
paragraph (a) on bonds issued after July 1, 2017, for the 1028
purposes set forth in this subparagraph. 1029
5. The sum of $50 mil lion shall be appropriated annually 1030
to the South Florida Water Management District for the Lake 1031
Okeechobee Watershed Restoration Project in accordance with s. 1032
373.4599. This distribution must be reduced by an amount equal 1033
to the debt service paid pursuant to paragraph (a) on bonds 1034
issued after July 1, 2021, for the purposes set forth in this 1035
subparagraph. 1036
6. The sum of $100 million shall be appropriated annually 1037
to the Department of Environmental Protection for the 1038
acquisition of land pursuant to s. 259.1 05 Notwithstanding 1039
subparagraph 3., for the 2022 -2023 fiscal year, funds shall be 1040
appropriated as provided in the General Appropriations Act. This 1041
subparagraph expires July 1, 2023 . 1042
Section 11. Present paragraphs (f) through (r) of 1043
subsection (2) of se ction 381.0065, Florida Statutes, are 1044
redesignated as paragraphs (g) through (s), respectively, a new 1045
paragraph (f) is added to that subsection, and paragraph (n) of 1046
subsection (4) of that section is amended, to read: 1047
381.0065 Onsite sewage treatment and disposal systems; 1048
regulation.— 1049
(2) DEFINITIONS.—As used in ss. 381.0065 -381.0067, the 1050
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term: 1051
(f) "Enhanced nutrient -reducing onsite sewage treatment 1052
and disposal system" means an onsite sewage treatment and 1053
disposal system approved by the department as capable of meeting 1054
or exceeding a 50 percent total nitrogen reduction before 1055
disposal of wastewater in the drainfield, or at least 65 percent 1056
total nitrogen reduction combined from the onsite sewage tank or 1057
tanks and drainfield. 1058
(4) PERMITS; INSTALLATIO N; CONDITIONS.—A person may not 1059
construct, repair, modify, abandon, or operate an onsite sewage 1060
treatment and disposal system without first obtaining a permit 1061
approved by the department. The department may issue permits to 1062
carry out this section, except th at the issuance of a permit for 1063
work seaward of the coastal construction control line 1064
established under s. 161.053 shall be contingent upon receipt of 1065
any required coastal construction control line permit from the 1066
department. A construction permit is valid for 18 months after 1067
the date of issuance and may be extended by the department for 1068
one 90-day period under rules adopted by the department. A 1069
repair permit is valid for 90 days after the date of issuance. 1070
An operating permit must be obtained before the us e of any 1071
aerobic treatment unit or if the establishment generates 1072
commercial waste. Buildings or establishments that use an 1073
aerobic treatment unit or generate commercial waste shall be 1074
inspected by the department at least annually to assure 1075
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compliance with the terms of the operating permit. The operating 1076
permit for a commercial wastewater system is valid for 1 year 1077
after the date of issuance and must be renewed annually. The 1078
operating permit for an aerobic treatment unit is valid for 2 1079
years after the date of issuance and must be renewed every 2 1080
years. If all information pertaining to the siting, location, 1081
and installation conditions or repair of an onsite sewage 1082
treatment and disposal system remains the same, a construction 1083
or repair permit for the onsite s ewage treatment and disposal 1084
system may be transferred to another person, if the transferee 1085
files, within 60 days after the transfer of ownership, an 1086
amended application providing all corrected information and 1087
proof of ownership of the property. A fee is n ot associated with 1088
the processing of this supplemental information. A person may 1089
not contract to construct, modify, alter, repair, service, 1090
abandon, or maintain any portion of an onsite sewage treatment 1091
and disposal system without being registered under pa rt III of 1092
chapter 489. A property owner who personally performs 1093
construction, maintenance, or repairs to a system serving his or 1094
her own owner-occupied single-family residence is exempt from 1095
registration requirements for performing such construction, 1096
maintenance, or repairs on that residence, but is subject to all 1097
permitting requirements. A municipality or political subdivision 1098
of the state may not issue a building or plumbing permit for any 1099
building that requires the use of an onsite sewage treatment and 1100
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disposal system unless the owner or builder has received a 1101
construction permit for such system from the department. A 1102
building or structure may not be occupied and a municipality, 1103
political subdivision, or any state or federal agency may not 1104
authorize occupancy until the department approves the final 1105
installation of the onsite sewage treatment and disposal system. 1106
A municipality or political subdivision of the state may not 1107
approve any change in occupancy or tenancy of a building that 1108
uses an onsite sewage t reatment and disposal system until the 1109
department has reviewed the use of the system with the proposed 1110
change, approved the change, and amended the operating permit. 1111
(n) Evaluations for determining the seasonal high -water 1112
table elevations or the suitability of soils for the use of a 1113
new onsite sewage treatment and disposal system shall be 1114
performed by department personnel, professional engineers 1115
registered in the state, or such other persons with expertise, 1116
as defined by rule, in making such evaluations. Evaluations for 1117
determining mean annual flood lines shall be performed by those 1118
persons identified in paragraph (2)(l) (2)(k). The department 1119
shall accept evaluations submitted by professional engineers and 1120
such other persons as meet the expertise established by this 1121
section or by rule unless the department has a reasonable 1122
scientific basis for questioning the accuracy or completeness of 1123
the evaluation. 1124
Section 12. Subsection (3) is added to section 381.00655, 1125
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Florida Statutes, to read: 1126
381.00655 Connection of existing onsite sewage treatment 1127
and disposal systems to central sewerage system; requirements. — 1128
(3) Local governmental agencies, as defined in s. 1129
403.1835(2), that receive grants or loans from the department to 1130
offset the cost of connecting onsite sewage treatment and 1131
disposal systems to publicly owned or investor -owned sewerage 1132
systems are encouraged to do all of the following while such 1133
funds remain available: 1134
(a) Identify the owners of onsite sewage treatmen t and 1135
disposal systems within the jurisdiction of the respective local 1136
governmental agency who are eligible to apply for the grant or 1137
loan funds and notify such owners of the funding availability. 1138
(b) Maintain a publicly available website with informatio n 1139
relating to the availability of the grant or loan funds, 1140
including the amount of funds available and information on how 1141
the owner of an onsite sewage treatment and disposal system may 1142
apply for such funds. 1143
Section 13. Section 403.031, Florida Statute s, is 1144
reordered and amended to read: 1145
403.031 Definitions. —In construing this chapter, or rules 1146
and regulations adopted pursuant hereto, the following words, 1147
phrases, or terms, unless the context otherwise indicates, have 1148
the following meanings: 1149
(1) "Contaminant" is any substance which is harmful to 1150
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plant, animal, or human life. 1151
(2) "Department" means the Department of Environmental 1152
Protection. 1153
(3) "Effluent limitations" means any restriction 1154
established by the department on quantities, rates, or 1155
concentrations of chemical, physical, biological, or other 1156
constituents which are discharged from sources into waters of 1157
the state. 1158
(5) "Enhanced nutrient -reducing onsite sewage treatment 1159
and disposal system" means an onsite sewage treatment and 1160
disposal system approved by the department as capable of meeting 1161
or exceeding a 50 percent total nitrogen reduction before 1162
disposal of wastewater in the drainfield, or at least 65 percent 1163
total nitrogen reduction combined from the onsite sewage tank or 1164
tanks and drainfield. 1165
(6)(4) "Installation" means is any structure, equipment, 1166
or facility, or appurtenances thereto, or operation which may 1167
emit air or water contaminants in quantities prohibited by rules 1168
of the department. 1169
(7) "Nutrient or nutrient -related standards" means water 1170
quality standards and criteria established for total nitrogen 1171
and total phosphorous, or their organic or inorganic forms; 1172
biological variables, such as chlorophyll -a, biomass, or the 1173
structure of the phytoplankton, periphyton, or vascular plant 1174
community, that respond to a nutrient load or concentration in a 1175
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predictable and measurable manner; or dissolved oxygen if it is 1176
demonstrated for the waterbody that dissolved oxygen conditions 1177
result in a biological imbalance and the dissolved oxygen 1178
responds to a nutrient load or concentration in a predictable 1179
and measurable manner. 1180
(8) "Onsite sewage treatment and disposal system" means a 1181
system that contains a standard subsurface, filled, or mound 1182
drainfield system; an aerobic treatment unit; a graywater system 1183
tank; a laundry wastewater system tank; a septic tank; a grease 1184
interceptor; a pump tank; a solids or effluent pump; a 1185
waterless, incinerating, or organic waste -composting toilet; or 1186
a sanitary pit privy that is installed or proposed to be 1187
installed beyond the building sewer on land of the owner or on 1188
other land to which the owner has the legal right to install a 1189
system. The term includes any item placed within, or intended to 1190
be used as a part of or in conjunction with, the system. The 1191
term does not include package sewage treatment facilities and 1192
other treatment works regulated under chapter 403. 1193
(9)(5) "Person" means the state or any agency or 1194
institution thereof, the United States or any agency or 1195
institution thereof, or any municipality, political subdivision, 1196
public or private corporation, individual, partnership, 1197
association, or other entity and includes any officer or 1198
governing or managing body of the state, the United States, any 1199
agency, any municipality, political subdivision, or public or 1200
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private corporation. 1201
(10)(6) "Plant" is any unit operation, complex, area, or 1202
multiple of unit operations that produce, process, or cause to 1203
be processed any materials, the processing of which can, or may, 1204
cause air or water pollution. 1205
(11)(7) "Pollution" is the presence in the outdoor 1206
atmosphere or waters of the state of any substances, 1207
contaminants, noise, or manmade or human -induced impairment of 1208
air or waters or alteration of the chemical, physical, 1209
biological, or radiological integrity of air or water in 1210
quantities or at levels which are or may be potentially harmful 1211
or injurious to human health or welfare, animal or plant life, 1212
or property or which unreasonably interfere with the enjoyment 1213
of life or property, including outdoor recreation unless 1214
authorized by applicable law. 1215
(12)(8) "Pollution prevention" means the steps taken by a 1216
potential generator of contamination or pollution to eliminate 1217
or reduce the contamination or pollution before it is di scharged 1218
into the environment. The term includes nonmandatory steps taken 1219
to use alternative forms of energy, conserve or reduce the use 1220
of energy, substitute nontoxic materials for toxic materials, 1221
conserve or reduce the use of toxic materials and raw mat erials, 1222
reformulate products, modify manufacturing or other processes, 1223
improve in-plant maintenance and operations, implement 1224
environmental planning before expanding a facility, and recycle 1225
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toxic or other raw materials. 1226
(14)(9) "Sewerage system" means pi pelines or conduits, 1227
pumping stations, and force mains and all other structures, 1228
devices, appurtenances, and facilities used for collecting or 1229
conducting wastes to an ultimate point for treatment or 1230
disposal. 1231
(15)(10) "Source" means is any and all points of origin of 1232
a contaminant the item defined in subsection (1) , whether 1233
privately or publicly owned or operated. 1234
(21)(11) "Treatment works" and "disposal systems" mean any 1235
plant or other works used for the purpose of treating, 1236
stabilizing, or holding was tes. 1237
(22)(12) "Wastes" means sewage, industrial wastes, and all 1238
other liquid, gaseous, solid, radioactive, or other substances 1239
which may pollute or tend to pollute any waters of the state. 1240
(23)(13) "Waters" include, but are not limited to, rivers, 1241
lakes, streams, springs, impoundments, wetlands, and all other 1242
waters or bodies of water, including fresh, brackish, saline, 1243
tidal, surface, or underground waters. Waters owned entirely by 1244
one person other than the state are included only in regard to 1245
possible discharge on other property or water. Underground 1246
waters include, but are not limited to, all underground waters 1247
passing through pores of rock or soils or flowing through in 1248
channels, whether manmade or natural. Solely for purposes of s. 1249
403.0885, waters of the state also include navigable waters or 1250
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waters of the contiguous zone as used in s. 502 of the Clean 1251
Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 1252
existence on January 1, 1993, except for those navigable waters 1253
seaward of the boundaries of the state set forth in s. 1, Art. 1254
II of the State Constitution. Solely for purposes of this 1255
chapter, waters of the state also include the area bounded by 1256
the following: 1257
(a) Commence at the intersection of State Road (SRD) 5 1258
(U.S. 1) and the county line dividing Miami-Dade and Monroe 1259
Counties, said point also being the mean high -water line of 1260
Florida Bay, located in section 4, township 60 south, range 39 1261
east of the Tallahassee Meridian for the point of beginning. 1262
From said point of beginning, thence run northwesterly along 1263
said SRD 5 to an intersection with the north line of section 18, 1264
township 58 south, range 39 east; thence run westerly to a point 1265
marking the southeast corner of section 12, township 58 south, 1266
range 37 east, said point also lying on the east boundary of the 1267
Everglades National Park; thence run north along the east 1268
boundary of the aforementioned Everglades National Park to a 1269
point marking the northeast corner of section 1, township 58 1270
south, range 37 east; thence run west along said park to a point 1271
marking the northwest corner of said section 1; thence run 1272
northerly along said park to a point marking the northwest 1273
corner of section 24, township 57 south, range 37 east; thence 1274
run westerly along the south lines of sections 14, 15, and 16 to 1275
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the southwest corner of section 16; thence leaving the 1276
Everglades National Park boundary run northerly along the west 1277
line of section 16 to the northwest corner of section 16; thence 1278
east along the northerly line of section 16 to a point at the 1279
intersection of the east one-half and west one-half of section 1280
9; thence northerly along the line separating the east one -half 1281
and the west one-half of sections 9, 4, 33, and 28; thence run 1282
easterly along the north line of section 28 to the northeast 1283
corner of section 28; thence run northerly along the west line 1284
of section 22 to the northwest corner of section 22; thence 1285
easterly along the north line of section 22 to a point at the 1286
intersection of the east one -half and west one-half of section 1287
15; thence run northerl y along said line to the point of 1288
intersection with the north line of section 15; thence easterly 1289
along the north line of section 15 to the northeast corner of 1290
section 15; thence run northerly along the west lines of 1291
sections 11 and 2 to the northwest corn er of section 2; thence 1292
run easterly along the north lines of sections 2 and 1 to the 1293
northeast corner of section 1, township 56 south, range 37 east; 1294
thence run north along the east line of section 36, township 55 1295
south, range 37 east to the northeast cor ner of section 36; 1296
thence run west along the north line of section 36 to the 1297
northwest corner of section 36; thence run north along the west 1298
line of section 25 to the northwest corner of section 25; thence 1299
run west along the north line of section 26 to the northwest 1300
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corner of section 26; thence run north along the west line of 1301
section 23 to the northwest corner of section 23; thence run 1302
easterly along the north line of section 23 to the northeast 1303
corner of section 23; thence run north along the west line of 1304
section 13 to the northwest corner of section 13; thence run 1305
east along the north line of section 13 to a point of 1306
intersection with the west line of the southeast one -quarter of 1307
section 12; thence run north along the west line of the 1308
southeast one-quarter of section 12 to the northwest corner of 1309
the southeast one-quarter of section 12; thence run east along 1310
the north line of the southeast one -quarter of section 12 to the 1311
point of intersection with the east line of section 12; thence 1312
run east along the sou th line of the northwest one -quarter of 1313
section 7 to the southeast corner of the northwest one -quarter 1314
of section 7; thence run north along the east line of the 1315
northwest one-quarter of section 7 to the point of intersection 1316
with the north line of section 7; thence run northerly along the 1317
west line of the southeast one -quarter of section 6 to the 1318
northwest corner of the southeast one -quarter of section 6; 1319
thence run east along the north lines of the southeast one -1320
quarter of section 6 and the southwest one -quarter of section 5 1321
to the northeast corner of the southwest one -quarter of section 1322
5; thence run northerly along the east line of the northwest 1323
one-quarter of section 5 to the point of intersection with the 1324
north line of section 5; thence run northerly al ong the line 1325
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dividing the east one -half and the west one -half of Lot 5 to a 1326
point intersecting the north line of Lot 5; thence run east 1327
along the north line of Lot 5 to the northeast corner of Lot 5, 1328
township 54 1/2 south, range 38 east; thence run north a long the 1329
west line of section 33, township 54 south, range 38 east to a 1330
point intersecting the northwest corner of the southwest one -1331
quarter of section 33; thence run easterly along the north line 1332
of the southwest one -quarter of section 33 to the northeast 1333
corner of the southwest one -quarter of section 33; thence run 1334
north along the west line of the northeast one -quarter of 1335
section 33 to a point intersecting the north line of section 33; 1336
thence run easterly along the north line of section 33 to the 1337
northeast corner of section 33; thence run northerly along the 1338
west line of section 27 to a point intersecting the northwest 1339
corner of the southwest one -quarter of section 27; thence run 1340
easterly to the northeast corner of the southwest one -quarter of 1341
section 27; thence run northerly along the west line of the 1342
northeast one-quarter of section 27 to a point intersecting the 1343
north line of section 27; thence run west along the north line 1344
of section 27 to the northwest corner of section 27; thence run 1345
north along the west lines of sections 22 and 15 to the 1346
northwest corner of section 15; thence run easterly along the 1347
north lines of sections 15 and 14 to the point of intersection 1348
with the L-31N Levee, said intersection located near the 1349
southeast corner of section 11, tow nship 54 south, range 38 1350
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east; thence run northerly along Levee L -31N crossing SRD 90 1351
(U.S. 41 Tamiami Trail) to an intersection common to Levees L -1352
31N, L-29, and L-30, said intersection located near the 1353
southeast corner of section 2, township 54 south, ra nge 38 east; 1354
thence run northeasterly, northerly, and northeasterly along 1355
Levee L-30 to a point of intersection with the Miami -1356
Dade/Broward Levee, said intersection located near the northeast 1357
corner of section 17, township 52 south, range 39 east; thence 1358
run due east to a point of intersection with SRD 27 (Krome 1359
Ave.); thence run northeasterly along SRD 27 to an intersection 1360
with SRD 25 (U.S. 27), said intersection located in section 3, 1361
township 52 south, range 39 east; thence run northerly along 1362
said SRD 25, entering into Broward County, to an intersection 1363
with SRD 84 at Andytown; thence run southeasterly along the 1364
aforementioned SRD 84 to an intersection with the southwesterly 1365
prolongation of Levee L -35A, said intersection being located in 1366
the northeast one-quarter of section 5, township 50 south, range 1367
40 east; thence run northeasterly along Levee L -35A to an 1368
intersection of Levee L -36, said intersection located near the 1369
southeast corner of section 12, township 49 south, range 40 1370
east; thence run northerly along Levee L-36, entering into Palm 1371
Beach County, to an intersection common to said Levees L -36, L-1372
39, and L-40, said intersection located near the west quarter 1373
corner of section 19, township 47 south, range 41 east; thence 1374
run northeasterly, easterly, a nd northerly along Levee L -40, 1375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
said Levee L-40 being the easterly boundary of the Loxahatchee 1376
National Wildlife Refuge, to an intersection with SRD 80 (U.S. 1377
441), said intersection located near the southeast corner of 1378
section 32, township 43 south, range 4 0 east; thence run 1379
westerly along the aforementioned SRD 80 to a point marking the 1380
intersection of said road and the northeasterly prolongation of 1381
Levee L-7, said Levee L-7 being the westerly boundary of the 1382
Loxahatchee National Wildlife Refuge; thence run southwesterly 1383
and southerly along said Levee L -7 to an intersection common to 1384
Levees L-7, L-15 (Hillsborough Canal), and L -6; thence run 1385
southwesterly along Levee L -6 to an intersection common to Levee 1386
L-6, SRD 25 (U.S. 27), and Levee L -5, said intersection being 1387
located near the northwest corner of section 27, township 47 1388
south, range 38 east; thence run westerly along the 1389
aforementioned Levee L -5 to a point intersecting the east line 1390
of range 36 east; thence run northerly along said range line to 1391
a point marking the northeast corner of section 1, township 47 1392
south, range 36 east; thence run westerly along the north line 1393
of township 47 south, to an intersection with Levee L -23/24 1394
(Miami Canal); thence run northwesterly along the Miami Canal 1395
Levee to a point intersecting the north line of section 22, 1396
township 46 south, range 35 east; thence run westerly to a point 1397
marking the northwest corner of section 21, township 46 south, 1398
range 35 east; thence run southerly to the southwest corner of 1399
said section 21; the nce run westerly to a point marking the 1400
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northwest corner of section 30, township 46 south, range 35 1401
east, said point also being on the line dividing Palm Beach and 1402
Hendry Counties; from said point, thence run southerly along 1403
said county line to a point mar king the intersection of Broward, 1404
Hendry, and Collier Counties, said point also being the 1405
northeast corner of section 1, township 49 south, range 34 east; 1406
thence run westerly along the line dividing Hendry and Collier 1407
Counties and continuing along the prol ongation thereof to a 1408
point marking the southwest corner of section 36, township 48 1409
south, range 29 east; thence run southerly to a point marking 1410
the southwest corner of section 12, township 49 south, range 29 1411
east; thence run westerly to a point marking t he southwest 1412
corner of section 10, township 49 south, range 29 east; thence 1413
run southerly to a point marking the southwest corner of section 1414
15, township 49 south, range 29 east; thence run westerly to a 1415
point marking the northwest corner of section 24, to wnship 49 1416
south, range 28 east, said point lying on the west boundary of 1417
the Big Cypress Area of Critical State Concern as described in 1418
rule 28-25.001, Florida Administrative Code; thence run 1419
southerly along said boundary crossing SRD 84 (Alligator Alley) 1420
to a point marking the southwest corner of section 24, township 1421
50 south, range 28 east; thence leaving the aforementioned west 1422
boundary of the Big Cypress Area of Critical State Concern run 1423
easterly to a point marking the northeast corner of section 25, 1424
township 50 south, range 28 east; thence run southerly along the 1425
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east line of range 28 east to a point lying approximately 0.15 1426
miles south of the northeast corner of section 1, township 52 1427
south, range 28 east; thence run southwesterly 2.4 miles more or 1428
less to an intersection with SRD 90 (U.S. 41 Tamiami Trail), 1429
said intersection lying 1.1 miles more or less west of the east 1430
line of range 28 east; thence run northwesterly and westerly 1431
along SRD 90 to an intersection with the west line of section 1432
10, township 52 south, range 28 east; thence leaving SRD 90 run 1433
southerly to a point marking the southwest corner of section 15, 1434
township 52 south, range 28 east; thence run westerly crossing 1435
the Faka Union Canal 0.6 miles more or less to a point; thence 1436
run southerly and parallel to the Faka Union Canal to a point 1437
located on the mean high -water line of Faka Union Bay; thence 1438
run southeasterly along the mean high -water line of the various 1439
bays, rivers, inlets, and streams to the point of beginning. 1440
(b) The area bounded by the line described in paragraph 1441
(a) generally includes those waters to be known as waters of the 1442
state. The landward extent of these waters shall be determined 1443
by the delineation methodology ratified in s. 373.4211. Any 1444
waters which are outside the general boundary line described in 1445
paragraph (a) but which are contiguous thereto by virtue of the 1446
presence of a wetland, watercourse, or other surface water, as 1447
determined by the delineation methodology ratified in s. 1448
373.4211, shall be a part of this waterbody water body. Any 1449
areas within the line described in paragraph (a) which are 1450
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neither a wetland nor surface water, as determined by the 1451
delineation methodology ratified in s. 373.4211, shall be 1452
excluded therefrom. If the Florida Environmental Regulati on 1453
Commission designates the waters within the boundaries an 1454
Outstanding Florida Water, waters outside the boundaries may 1455
shall not be included as part of such designation unless a 1456
hearing is held pursuant to notice in each appropriate county 1457
and the boundaries of such lands are specifically considered and 1458
described for such designation. 1459
(16)(14) "State water resource implementation rule" means 1460
the rule authorized by s. 373.036, which sets forth goals, 1461
objectives, and guidance for the development and revi ew of 1462
programs, rules, and plans relating to water resources, based on 1463
statutory policies and directives. The waters of the state are 1464
among its most basic resources. Such waters should be managed to 1465
conserve and protect water resources and to realize the f ull 1466
beneficial use of these resources. 1467
(17)(15) "Stormwater management program" means the 1468
institutional strategy for stormwater management, including 1469
urban, agricultural, and other stormwater. 1470
(18)(16) "Stormwater management system" means a system 1471
which is designed and constructed or implemented to control 1472
discharges that which are necessitated by rainfall events, 1473
incorporating methods to collect, convey, store, absorb, 1474
inhibit, treat, use, or reuse water to prevent or reduce 1475
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flooding, overdrainage, env ironmental degradation and water 1476
pollution or otherwise affect the quantity and quality of 1477
discharges from the system. 1478
(19)(17) "Stormwater utility" means the funding of a 1479
stormwater management program by assessing the cost of the 1480
program to the beneficiaries based on their relative 1481
contribution to its need. It is operated as a typical utility 1482
which bills services regularly, similar to water and wastewater 1483
services. 1484
(24)(18) "Watershed" means the land area that which 1485
contributes to the flow of water into a receiving body of water. 1486
(13)(19) "Regulated air pollutant" means any pollutant 1487
regulated under the federal Clean Air Act. 1488
(4)(20) "Electrical power plant" means, for purposes of 1489
this part of this chapter, any electrical gene rating facility 1490
that uses any process or fuel and that is owned or operated by 1491
an electric utility, as defined in s. 403.503(14), and includes 1492
any associated facility that directly supports the operation of 1493
the electrical power plant. 1494
(20)(21) "Total maximum daily load" is defined as the sum 1495
of the individual wasteload allocations for point sources and 1496
the load allocations for nonpoint sources and natural 1497
background. Prior to determining individual wasteload 1498
allocations and load allocations, the maximum a mount of a 1499
pollutant that a waterbody water body or water segment can 1500
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assimilate from all sources without exceeding water quality 1501
standards must first be calculated. 1502
Section 14. Paragraphs (a) and (e) of subsection (7) of 1503
section 403.067, Florida Statutes, are amended to read: 1504
403.067 Establishment and implementation of total maximum 1505
daily loads.— 1506
(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1507
IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 1508
(a) Basin management action plans. — 1509
1. In developing and implementing the total maximum daily 1510
load for a waterbody water body, the department, or the 1511
department in conjunction with a water management district, may 1512
develop a basin management action plan that addresses some or 1513
all of the watersheds and basins tributary to the waterbody 1514
water body. Such plan must integrate the appropriate management 1515
strategies available to the state through existing water quality 1516
protection programs to achieve the total maximum daily loads and 1517
may provide for phased implementati on of these management 1518
strategies to promote timely, cost -effective actions as provided 1519
for in s. 403.151. The plan must establish a schedule 1520
implementing the management strategies, establish a basis for 1521
evaluating the plan's effectiveness, and identify fe asible 1522
funding strategies for implementing the plan's management 1523
strategies. The management strategies may include regional 1524
treatment systems or other public works, when appropriate, and 1525
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voluntary trading of water quality credits to achieve the needed 1526
pollutant load reductions. 1527
2. A basin management action plan must equitably allocate, 1528
pursuant to paragraph (6)(b), pollutant reductions to individual 1529
basins, as a whole to all basins, or to each identified point 1530
source or category of nonpoint sources, as ap propriate. For 1531
nonpoint sources for which best management practices have been 1532
adopted, the initial requirement specified by the plan must be 1533
those practices developed pursuant to paragraph (c). When 1534
appropriate, the plan may take into account the benefits of 1535
pollutant load reduction achieved by point or nonpoint sources 1536
that have implemented management strategies to reduce pollutant 1537
loads, including best management practices, before the 1538
development of the basin management action plan. The plan must 1539
also identify the mechanisms that will address potential future 1540
increases in pollutant loading. 1541
3. The basin management action planning process is 1542
intended to involve the broadest possible range of interested 1543
parties, with the objective of encouraging the greate st amount 1544
of cooperation and consensus possible. In developing a basin 1545
management action plan, the department shall assure that key 1546
stakeholders, including, but not limited to, applicable local 1547
governments, water management districts, the Department of 1548
Agriculture and Consumer Services, other appropriate state 1549
agencies, local soil and water conservation districts, 1550
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environmental groups, regulated interests, and affected 1551
pollution sources, are invited to participate in the process. 1552
The department shall hold a t least one public meeting in the 1553
vicinity of the watershed or basin to discuss and receive 1554
comments during the planning process and shall otherwise 1555
encourage public participation to the greatest practicable 1556
extent. Notice of the public meeting must be pub lished in a 1557
newspaper of general circulation in each county in which the 1558
watershed or basin lies at least 5 days, but not more than 15 1559
days, before the public meeting. A basin management action plan 1560
does not supplant or otherwise alter any assessment made under 1561
subsection (3) or subsection (4) or any calculation or initial 1562
allocation. 1563
4. Each new or revised basin management action plan must 1564
shall include all of the following : 1565
a. The appropriate management strategies available through 1566
existing water quality protection programs to achieve total 1567
maximum daily loads, which may provide for phased implementation 1568
to promote timely, cost -effective actions as provided for in s. 1569
403.151.; 1570
b. A description of best management practices adopted by 1571
rule.; 1572
c. For the applicable 5-year implementation milestone, a 1573
list of projects that will achieve the pollutant load reductions 1574
needed to meet the total maximum daily load or the load 1575
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allocations established pursuant to subsection (6). Each project 1576
must include a planni ng-level cost estimate and an estimated 1577
date of completion. A list of projects in priority ranking with 1578
a planning-level cost estimate and estimated date of completion 1579
for each listed project; 1580
d. A list of projects developed pursuant to paragraph (e), 1581
if applicable. 1582
e.d. The source and amount of financial assistance to be 1583
made available by the department, a water management district, 1584
or other entity for each listed project, if applicable .; and 1585
f.e. A planning-level estimate of each listed project's 1586
expected load reduction, if applicable. 1587
5. The department shall adopt all or any part of a basin 1588
management action plan and any amendment to such plan by 1589
secretarial order pursuant to chapter 120 to implement this 1590
section. 1591
6. The basin management action plan must include 5-year 1592
milestones for implementation and water quality improvement, and 1593
an associated water quality monitoring component sufficient to 1594
evaluate whether reasonable progress in pollutant load 1595
reductions is being achieved over time. An asses sment of 1596
progress toward these milestones shall be conducted every 5 1597
years, and revisions to the plan shall be made as appropriate. 1598
Any entity with a specific pollutant load reduction requirement 1599
established in a basin management action plan shall identify the 1600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
projects or strategies that such entity will undertake to meet 1601
current 5-year pollution reduction milestones, beginning with 1602
the first 5-year milestone for new basin management action 1603
plans, and submit such projects to the department for inclusion 1604
in the appropriate basin management action plan. Each project 1605
identified must include an estimated amount of nutrient 1606
reduction that is reasonably expected to be achieved based on 1607
the best scientific information available. Revisions to the 1608
basin management action plan shall be made by the department in 1609
cooperation with basin stakeholders. Revisions to the management 1610
strategies required for nonpoint sources must follow the 1611
procedures in subparagraph (c)4. Revised basin management action 1612
plans must be adopted pu rsuant to subparagraph 5. 1613
7. In accordance with procedures adopted by rule under 1614
paragraph (9)(c), basin management action plans, and other 1615
pollution control programs under local, state, or federal 1616
authority as provided in subsection (4), may allow point or 1617
nonpoint sources that will achieve greater pollutant reductions 1618
than required by an adopted total maximum daily load or 1619
wasteload allocation to generate, register, and trade water 1620
quality credits for the excess reductions to enable other 1621
sources to achieve their allocation; however, the generation of 1622
water quality credits does not remove the obligation of a source 1623
or activity to meet applicable technology requirements or 1624
adopted best management practices. Such plans must allow trading 1625
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between NPDES permittees, and trading that may or may not 1626
involve NPDES permittees, where the generation or use of the 1627
credits involve an entity or activity not subject to department 1628
water discharge permits whose owner voluntarily elects to obtain 1629
department authorization f or the generation and sale of credits. 1630
8. The department's rule relating to the equitable 1631
abatement of pollutants into surface waters do not apply to 1632
water bodies or waterbody water body segments for which a basin 1633
management plan that takes into account future new or expanded 1634
activities or discharges has been adopted under this section. 1635
9. In order to promote resilient wastewater utilities, if 1636
the department identifies domestic wastewater treatment 1637
facilities or onsite sewage treatment and disposal syst ems as 1638
contributors of at least 20 percent of point source or nonpoint 1639
source nutrient pollution or if the department determines 1640
remediation is necessary to achieve the total maximum daily 1641
load, a basin management action plan for a nutrient total 1642
maximum daily load must include the following: 1643
a. A wastewater treatment plan developed by each local 1644
government, in cooperation with the department, the water 1645
management district, and the public and private domestic 1646
wastewater treatment facilities within the jur isdiction of the 1647
local government, that addresses domestic wastewater. The 1648
wastewater treatment plan must: 1649
(I) Provide for construction, expansion, or upgrades 1650
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necessary to achieve the total maximum daily load requirements 1651
applicable to the domestic wast ewater treatment facility. 1652
(II) Include the permitted capacity in average annual 1653
gallons per day for the domestic wastewater treatment facility; 1654
the average nutrient concentration and the estimated average 1655
nutrient load of the domestic wastewater; a proj ected timeline 1656
of the dates by which the construction of any facility 1657
improvements will begin and be completed and the date by which 1658
operations of the improved facility will begin; the estimated 1659
cost of the improvements; and the identity of responsible 1660
parties. 1661
1662
The wastewater treatment plan must be adopted as part of the 1663
basin management action plan no later than July 1, 2025. A local 1664
government that does not have a domestic wastewater treatment 1665
facility in its jurisdiction is not required to develop a 1666
wastewater treatment plan unless there is a demonstrated need to 1667
establish a domestic wastewater treatment facility within its 1668
jurisdiction to improve water quality necessary to achieve a 1669
total maximum daily load. A local government is not responsible 1670
for a private domestic wastewater facility's compliance with a 1671
basin management action plan unless such facility is operated 1672
through a public-private partnership to which the local 1673
government is a party. 1674
b. An onsite sewage treatment and disposal system 1675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
remediation plan developed by each local government in 1676
cooperation with the department, the Department of Health, water 1677
management districts, and public and private domestic wastewater 1678
treatment facilities. 1679
(I) The onsite sewage treatment and disposal sy stem 1680
remediation plan must identify cost -effective and financially 1681
feasible projects necessary to achieve the nutrient load 1682
reductions required for onsite sewage treatment and disposal 1683
systems. To identify cost -effective and financially feasible 1684
projects for remediation of onsite sewage treatment and disposal 1685
systems, the local government shall: 1686
(A) Include an inventory of onsite sewage treatment and 1687
disposal systems based on the best information available; 1688
(B) Identify onsite sewage treatment and dispo sal systems 1689
that would be eliminated through connection to existing or 1690
future central domestic wastewater infrastructure in the 1691
jurisdiction or domestic wastewater service area of the local 1692
government, that would be replaced with or upgraded to enhanced 1693
nutrient-reducing onsite sewage treatment and disposal systems, 1694
or that would remain on conventional onsite sewage treatment and 1695
disposal systems; 1696
(C) Estimate the costs of potential onsite sewage 1697
treatment and disposal system connections, upgrades, or 1698
replacements; and 1699
(D) Identify deadlines and interim milestones for the 1700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
planning, design, and construction of projects. 1701
(II) The department shall adopt the onsite sewage 1702
treatment and disposal system remediation plan as part of the 1703
basin management action plan no later than July 1, 2025, or as 1704
required for Outstanding Florida Springs under s. 373.807. 1705
10. The installation of new onsite sewage treatment and 1706
disposal systems constructed within a basin management action 1707
plan area adopted under this section, a reasonable assurance 1708
plan, or a pollution reduction plan is prohibited where 1709
connection to a publicly owned or investor -owned sewerage system 1710
is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1711
or less within a basin management action plan a dopted under this 1712
section, a reasonable assurance plan, or a pollution reduction 1713
plan where a publicly owned or investor -owned sewerage system is 1714
not available, the installation of enhanced nutrient -reducing 1715
onsite sewage treatment and disposal systems or other wastewater 1716
treatment systems that achieve at least 65 percent nitrogen 1717
reduction is required. 1718
11.10. When identifying wastewater projects in a basin 1719
management action plan, the department may not require the 1720
higher cost option if it achieves the sa me nutrient load 1721
reduction as a lower cost option. A regulated entity may choose 1722
a different cost option if it complies with the pollutant 1723
reduction requirements of an adopted total maximum daily load 1724
and meets or exceeds the pollution reduction requiremen t of the 1725
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original project. 1726
12. Annually, local governments subject to a basin 1727
management action plan or located within the basin of a 1728
waterbody not attaining nutrient or nutrient -related standards 1729
must provide to the department an update on the status of 1730
construction of sanitary sewers to serve such areas, in a manner 1731
prescribed by the department. 1732
(e) Cooperative agricultural regional water quality 1733
improvement element. — 1734
1. The department and, the Department of Agriculture and 1735
Consumer Services, in cooperation with and owners of 1736
agricultural operations in the basin , shall develop a 1737
cooperative agricultural regional water quality improvement 1738
element as part of a basin management action plan where only if: 1739
a. Agricultural measures have been adopted by t he 1740
Department of Agriculture and Consumer Services pursuant to 1741
subparagraph (c)2. and have been implemented and the water body 1742
remains impaired; 1743
b. Agricultural nonpoint sources contribute to at least 20 1744
percent of nonpoint source nutrient discharges; or and 1745
b.c. The department determines that additional measures, 1746
in combination with state -sponsored regional projects and other 1747
management strategies included in the basin management action 1748
plan, are necessary to achieve the total maximum daily load. 1749
2. The element will be implemented through the use of 1750
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cost-effective and technically and financially practical 1751
regional agricultural nutrient reduction cost-sharing projects 1752
and. The element must include a list of such projects submitted 1753
to the department by the Department of Agriculture and Consumer 1754
Services which, in combination with the best management 1755
practices, additional measures, and other management strategies, 1756
will achieve the needed pollutant load reductions established 1757
for agricultural nonpoint sour ces cost-effective and technically 1758
and financially practical cooperative regional agricultural 1759
nutrient reduction projects that can be implemented on private 1760
properties on a site -specific, cooperative basis . Such 1761
cooperative regional agricultural nutrient reduction projects 1762
may include, but are not limited to, land acquisition in fee or 1763
conservation easements on the lands of willing sellers and site -1764
specific water quality improvement or dispersed water management 1765
projects. The list of regional projects incl uded in the 1766
cooperative agricultural regional water quality improvement 1767
element must include a planning -level cost estimate of each 1768
project along with the estimated amount of nutrient reduction 1769
that such project will achieve on the lands of project 1770
participants. 1771
3. To qualify for participation in the cooperative 1772
agricultural regional water quality improvement element, the 1773
participant must have already implemented and be in compliance 1774
with best management practices or other measures adopted by the 1775
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Department of Agriculture and Consumer Services pursuant to 1776
subparagraph (c)2. The element must may be included in the basin 1777
management action plan as a part of the next 5 -year assessment 1778
under subparagraph (a)6. 1779
4. The department or the Department of Agricultur e and 1780
Consumer Services may submit a legislative budget request to 1781
fund projects developed pursuant to this paragraph. In 1782
allocating funds for projects funded pursuant to this paragraph, 1783
the department shall provide at least 20 percent of its annual 1784
appropriation for projects in subbasins with the highest 1785
nutrient concentrations within a basin management action plan. 1786
Projects submitted pursuant to this paragraph are eligible for 1787
funding in accordance with s. 403.0673. 1788
Section 15. Section 403.0673, Flori da Statutes, is amended 1789
to read: 1790
403.0673 Water quality improvement Wastewater grant 1791
program.—A wastewater grant program is established within the 1792
Department of Environmental Protection to address wastewater, 1793
stormwater, and agricultural sources of nutri ent loading to 1794
surface water or groundwater . 1795
(1) The purpose of the grant program is to fund projects 1796
that will improve the quality of waterbodies that: 1797
(a) Are not attaining nutrient or nutrient -related 1798
standards; 1799
(b) Have an established total maxim um daily load; or 1800
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(c) Are located Subject to the appropriation of funds by 1801
the Legislature, the department may provide grants for the 1802
following projects within a basin management action plan area, a 1803
reasonable assurance plan area an alternative restorati on plan 1804
adopted by final order, an accepted alternative restoration plan 1805
area, or a rural area of opportunity under s. 288.0656 . 1806
(2) The department may provide grants for all of the 1807
following types of projects that reduce the amount of nutrients 1808
entering those waterbodies identified in subsection (1): 1809
(a) Connecting onsite sewage treatment and disposal 1810
systems to central sewer facilities. 1811
(b) Upgrading domestic wastewater treatment facilities to 1812
advanced waste treatment or greater. 1813
(c) Repairing, upgrading, expanding, or constructing 1814
stormwater treatment facilities that result in improvements to 1815
surface water or groundwater quality. 1816
(d) Repairing, upgrading, expanding, or constructing 1817
domestic wastewater treatment facilities that result in 1818
improvements to surface water or groundwater quality, including 1819
domestic wastewater reuse and collection systems. 1820
(e) Projects identified pursuant to s. 403.067(7)(a) or 1821
(7)(e). 1822
(f) Projects identified in a wastewater treatment plan or 1823
an onsite sewage treatment and disposal system remediation plan 1824
developed pursuant to s. 403.067(7)(a)9.a. and b. 1825
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(g) Projects listed in a city or county capital 1826
improvement element pursuant to s. 163.3177(3)(a)4.b. 1827
(h) Retrofitting onsite sewage treat ment and disposal 1828
systems to upgrade such systems to enhanced nutrient -reducing 1829
onsite sewage treatment and disposal systems where central 1830
sewerage is unavailable which will individually or collectively 1831
reduce excess nutrient pollution: 1832
(a) Projects to retrofit onsite sewage treatment and 1833
disposal systems to upgrade such systems to enhanced nutrient -1834
reducing onsite sewage treatment and disposal systems. 1835
(b) Projects to construct, upgrade, or expand facilities 1836
to provide advanced waste treatment, as defined in s. 1837
403.086(4). 1838
(c) Projects to connect onsite sewage treatment and 1839
disposal systems to central sewer facilities . 1840
(3)(2) In allocating such funds, priority must be given to 1841
projects that subsidize the connection of onsite sewage 1842
treatment and disposal systems to wastewater treatment 1843
facilities. First priority must be given to subsidize the 1844
connection of onsite sewage treatment and disposal systems to 1845
existing infrastructure. Second priority must be given to any 1846
expansion of a collection or transmission system that promotes 1847
efficiency by planning the installation of wastewater 1848
transmission facilities to be constructed concurrently with 1849
other construction projects occurring within or along a 1850
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transportation facility right -of-way. Third priority must be 1851
given to all other connections of onsite sewage treatment and 1852
disposal systems to wastewater treatment facilities. The 1853
department shall consider and prioritize those projects that: 1854
(a) Have the maximum estimated reduction in nutrient load 1855
per project; 1856
(b) Demonstrate project readiness; 1857
(c) Are cost-effective; 1858
(d) Have a cost share identified by the applicant, except 1859
for rural areas of opportunity; 1860
(e) Have previous state commitment and involvement in the 1861
project, considering pr eviously funded phases, the total amount 1862
of previous state funding, and previous partial appropriations 1863
for the proposed project; or 1864
(f) Are in a the cost-effectiveness of the project; the 1865
overall environmental benefit of a project; the location where 1866
reductions are needed most to attain the water quality standards 1867
of a waterbody not attaining nutrient or nutrient -related 1868
standards. 1869
1870
Any project that does not result in reducing nutrient loading to 1871
a waterbody identified in subsection (1) is not eligible f or 1872
funding under this section of a project; the availability of 1873
local matching funds; and projected water savings or quantity 1874
improvements associated with a project . 1875
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(3) Each grant for a project described in subsection (1) 1876
must require a minimum of a 50 -percent local match of funds. 1877
However, the department may, at its discretion, waive, in whole 1878
or in part, this consideration of the local contribution for 1879
proposed projects within an area designated as a rural area of 1880
opportunity under s. 288.0656. 1881
(4) The department shall coordinate annually with each 1882
water management district , as necessary, to identify potential 1883
projects grant recipients in each district. 1884
(5) The department shall coordinate with local governments 1885
and stakeholders to identify the most effective and beneficial 1886
water quality improvement projects. 1887
(6) The department shall coordinate with the Department of 1888
Agriculture and Consumer Services to prioritize the most 1889
effective and beneficial agricultural nonpoint source projects 1890
identified pursuant to s. 403.067(7)(e). 1891
(7) Beginning January 15, 2024 1, 2021, and each January 1892
15 1 thereafter, the department shall submit a report regarding 1893
the projects funded pursuant to this section to the Governor, 1894
the President of the Senate, and the Speaker of the House of 1895
Representatives. The report must include a list of those 1896
projects receiving funding and the following information for 1897
each project: 1898
(a) A description of the project; 1899
(b) The cost of the project; 1900
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(c) The estimated nutrient load reduct ion of the project; 1901
(d) The location of the project; 1902
(e) The waterbody or waterbodies where the project will 1903
reduce nutrients; and 1904
(f) The total cost share being provided for the project. 1905
Section 16. Paragraph (c) of subsection (1) of section 1906
403.086, Florida Statutes, is amended to read: 1907
403.086 Sewage disposal facilities; advanced and secondary 1908
waste treatment.— 1909
(1) 1910
(c)1. Notwithstanding this chapter or chapter 373, sewage 1911
disposal facilities may not dispose of any wastes into the 1912
following waters without providing advanced waste treatment, as 1913
defined in subsection (4), as approved by the department or a 1914
more stringent treatment standard if the department determines 1915
the more stringent standard is necessary to achieve the total 1916
maximum daily load or applicable water quality criteria: 1917
a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega 1918
Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little 1919
Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, 1920
Biscayne Bay, or any river, stream, channel, canal, bay, bayou, 1921
sound, or other water tributary thereto. , 1922
b. Beginning July 1, 2025, Indian River Lagoon, or into 1923
any river, stream, channel, canal, bay, bayou, sound, or other 1924
water tributary thereto . 1925
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c. By January 1, 2033, wat erbodies that are currently not 1926
attaining nutrient or nutrient -related standards or that are 1927
subject to a nutrient or nutrient -related basin management 1928
action plan adopted pursuant to s. 403.067 or adopted reasonable 1929
assurance plan. 1930
2. For any waterbody determined not to be attaining 1931
nutrient or nutrient -related standards after July 1, 2023, or 1932
subject to a nutrient or nutrient -related basin management 1933
action plan adopted pursuant to s. 403.067 or adopted reasonable 1934
assurance plan after July 1, 2023, sewa ge disposal facilities 1935
are prohibited from disposing any wastes into such waters 1936
without providing advanced waste treatment, as defined in 1937
subsection (4), as approved by the department within 10 years 1938
after such determination or adoption , without providing advanced 1939
waste treatment, as defined in subsection (4), approved by the 1940
department. This paragraph does not apply to facilities which 1941
were permitted by February 1, 1987, and which discharge 1942
secondary treated effluent, followed by water hyacinth 1943
treatment, to tributaries of tributaries of the named waters; or 1944
to facilities permitted to discharge to the nontidally 1945
influenced portions of the Peace River. 1946
Section 17. Subsection (10) of section 570.71, Florida 1947
Statutes, is amended, and subsection (14) is ad ded to that 1948
section, to read: 1949
570.71 Conservation easements and agreements. — 1950
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(10) The department, in consultation with the Department 1951
of Environmental Protection, the water management districts, the 1952
Department of Economic Opportunity, and the Florida F ish and 1953
Wildlife Conservation Commission, shall adopt rules that 1954
establish an application process ;, a process and criteria for 1955
setting priorities for use of funds consistent with the purposes 1956
specified in subsection (1) and giving preference to ranch and 1957
timber lands managed using sustainable practices, lands in 1958
imminent danger of development or degradation, or lands within 1959
the Florida wildlife corridor as defined in s. 259.1055(4); an 1960
appraisal process;, and a process for title review and 1961
compliance and approval of the rules by the Board of Trustees of 1962
the Internal Improvement Trust Fund. 1963
(14) Notwithstanding any other law or rule, the department 1964
shall submit a purchase agreement authorized by this section to 1965
the Board of Trustees of the Internal Improvem ent Trust Fund for 1966
approval only if the purchase price exceeds $5 million. 1967
Section 18. Paragraph (b) of subsection (1) and subsection 1968
(5) of section 570.715, Florida Statutes, are amended to read: 1969
570.715 Conservation easement acquisition procedures .— 1970
(1) For less than fee simple acquisitions pursuant to s. 1971
570.71, the Department of Agriculture and Consumer Services 1972
shall comply with the following acquisition procedures: 1973
(b) Before approval by the board of trustees of an 1974
agreement to purchase les s than fee simple title to land 1975
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pursuant to s. 570.71, an appraisal of the parcel shall be 1976
required as follows: 1977
1. Each parcel to be acquired shall have at least one 1978
appraisal. Two appraisals are required when the estimated value 1979
of the parcel exceeds $5 $1 million. However, when both 1980
appraisals exceed $5 $1 million and differ significantly, a 1981
third appraisal may be obtained. 1982
2. Appraisal fees and associated costs shall be paid by 1983
the department. All appraisals used for the acquisition of less 1984
than fee simple interest in lands pursuant to this section shall 1985
be prepared by a state -certified appraiser who meets the 1986
standards and criteria established by rule of the board of 1987
trustees. Each appraiser selected to appraise a particular 1988
parcel shall, before cont racting with the department or a 1989
participant in a multiparty agreement, submit to the department 1990
or participant an affidavit substantiating that he or she has no 1991
vested or fiduciary interest in such parcel. 1992
(5) Appraisal reports are confidential and exem pt from s. 1993
119.07(1), for use by the department and the board of trustees, 1994
until an option contract is executed or, if an option contract 1995
is not executed, until 2 weeks before a contract or agreement 1996
for purchase is considered for approval by the board of 1997
trustees. However, the department shall has the authority, at 1998
its discretion, to disclose appraisal reports to private 1999
landowners or their representatives during negotiations for 2000
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acquisitions using alternatives to fee simple techniques, if the 2001
department determines that disclosure of such reports will bring 2002
the proposed acquisition to closure . The department may also 2003
disclose appraisal information to public agencies or nonprofit 2004
organizations that agree to maintain the confidentiality of the 2005
reports or information when joint acquisition of property is 2006
contemplated, or when a public agency or nonprofit organization 2007
enters into a written multiparty agreement with the department. 2008
For purposes of this subsection, the term "nonprofit 2009
organization" means an organization whose purposes include the 2010
preservation of natural resources, and which is exempt from 2011
federal income tax under s. 501(c)(3) of the Internal Revenue 2012
Code. The department may release an appraisal report when the 2013
passage of time has render ed the conclusions of value in the 2014
report invalid or when the department has terminated 2015
negotiations. 2016
Section 19. Paragraph (h) of subsection (4) of section 2017
201.15, Florida Statutes, is amended to read: 2018
201.15 Distribution of taxes collected. —All taxes 2019
collected under this chapter are hereby pledged and shall be 2020
first made available to make payments when due on bonds issued 2021
pursuant to s. 215.618 or s. 215.619, or any other bonds 2022
authorized to be issued on a parity basis with such bonds. Such 2023
pledge and availability for the payment of these bonds shall 2024
have priority over any requirement for the payment of service 2025
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charges or costs of collection and enforcement under this 2026
section. All taxes collected under this chapter, except taxes 2027
distributed to the La nd Acquisition Trust Fund pursuant to 2028
subsections (1) and (2), are subject to the service charge 2029
imposed in s. 215.20(1). Before distribution pursuant to this 2030
section, the Department of Revenue shall deduct amounts 2031
necessary to pay the costs of the collect ion and enforcement of 2032
the tax levied by this chapter. The costs and service charge may 2033
not be levied against any portion of taxes pledged to debt 2034
service on bonds to the extent that the costs and service charge 2035
are required to pay any amounts relating to the bonds. All of 2036
the costs of the collection and enforcement of the tax levied by 2037
this chapter and the service charge shall be available and 2038
transferred to the extent necessary to pay debt service and any 2039
other amounts payable with respect to bonds author ized before 2040
January 1, 2017, secured by revenues distributed pursuant to 2041
this section. All taxes remaining after deduction of costs shall 2042
be distributed as follows: 2043
(4) After the required distributions to the Land 2044
Acquisition Trust Fund pursuant to subse ctions (1) and (2) and 2045
deduction of the service charge imposed pursuant to s. 2046
215.20(1), the remainder shall be distributed as follows: 2047
(h) An amount equaling 5.4175 percent of the remainder 2048
shall be paid into the Water Protection and Sustainability 2049
Program Trust Fund to be used to fund water quality improvement 2050
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wastewater grants as specified in s. 403.0673. 2051
Section 20. Paragraph (l) of subsection (3), paragraph (a) 2052
of subsection (5), and paragraph (i) of subsection (15) of 2053
section 259.105, Florida St atutes, are amended to read: 2054
259.105 The Florida Forever Act. — 2055
(3) Less the costs of issuing and the costs of funding 2056
reserve accounts and other costs associated with bonds, the 2057
proceeds of cash payments or bonds issued pursuant to this 2058
section shall be deposited into the Florida Forever Trust Fund 2059
created by s. 259.1051. The proceeds shall be distributed by the 2060
Department of Environmental Protection in the following manner: 2061
(l) For the purposes of paragraphs (e), (f), (g), and (h), 2062
the agencies that receive the funds shall develop their 2063
individual acquisition or restoration lists in accordance with 2064
specific criteria and numeric performance measures developed 2065
pursuant to s. 259.035(4). Proposed additions may be acquired if 2066
they are identified within th e original project boundary, the 2067
management plan required pursuant to s. 253.034(5), or the 2068
management prospectus required pursuant to s. 259.032(7)(b) s. 2069
259.032(7)(c). Proposed additions not meeting the requirements 2070
of this paragraph shall be submitted t o the council for 2071
approval. The council may only approve the proposed addition if 2072
it meets two or more of the following criteria: serves as a link 2073
or corridor to other publicly owned property; enhances the 2074
protection or management of the property; would ad d a desirable 2075
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resource to the property; would create a more manageable 2076
boundary configuration; has a high resource value that otherwise 2077
would be unprotected; or can be acquired at less than fair 2078
market value. 2079
(5)(a) All lands acquired pursuant to this se ction shall 2080
be managed for multiple -use purposes, where compatible with the 2081
resource values of and management objectives for such lands. As 2082
used in this section, "multiple -use" includes, but is not 2083
limited to, outdoor recreational activities as described i n ss. 2084
253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b) , water 2085
resource development projects, sustainable forestry management, 2086
carbon sequestration, carbon mitigation, or carbon offsets. 2087
(15) The council shall submit to the board, with its list 2088
of projects, a report that includes, but need not be limited to, 2089
the following information for each project listed: 2090
(i) A management policy statement for the project and a 2091
management prospectus pursuant to s. 259.032(7)(b) s. 2092
259.032(7)(c). 2093
Section 21. Subsection (17) of section 373.019, Florida 2094
Statutes, is amended to read: 2095
373.019 Definitions. —When appearing in this chapter or in 2096
any rule, regulation, or order adopted pursuant thereto, the 2097
term: 2098
(17) "Reclaimed water" means water that has receiv ed at 2099
least secondary treatment and basic disinfection and is reused 2100
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after flowing out of a domestic wastewater treatment facility. 2101
Reclaimed water is not subject to regulation pursuant to s. 2102
373.175 or part II of this chapter until it has been discharged 2103
into waters as defined in s. 403.031 s. 403.031(13). 2104
Section 22. Section 373.4132, Florida Statutes, is amended 2105
to read: 2106
373.4132 Dry storage facility permitting. —The governing 2107
board or the department shall require a permit under this part, 2108
including s. 373.4145, for the construction, alteration, 2109
operation, maintenance, abandonment, or removal of a dry storage 2110
facility for 10 or more vessels that is functionally associated 2111
with a boat launching area. As part of an applicant's 2112
demonstration that such a facility will not be harmful to the 2113
water resources and will not be inconsistent with the overall 2114
objectives of the district, the governing board or department 2115
shall require the applicant to provide reasonable assurance that 2116
the secondary impacts from the facility will not cause adverse 2117
impacts to the functions of wetlands and surface waters, 2118
including violations of state water quality standards applicable 2119
to waters as defined in s. 403.031 s. 403.031(13), and will meet 2120
the public interest test of s. 373.414(1)(a), including the 2121
potential adverse impacts to manatees. Nothing in this section 2122
shall affect the authority of the governing board or the 2123
department to regulate such secondary impacts under this part 2124
for other regulated activities. 2125
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Section 23. Subsection (1) of section 373.414, Florida 2126
Statutes, is amended to read: 2127
373.414 Additional criteria for activities in surface 2128
waters and wetlands. — 2129
(1) As part of an applicant's demonstration that an 2130
activity regulated under this part will not be harmful to the 2131
water resources or will not be inconsistent with the overall 2132
objectives of the district, the governing board or the 2133
department shall require the applicant to provide reasonable 2134
assurance that state water quality standards applicable to 2135
waters as defined in s. 403.031 s. 403.031(13) will not be 2136
violated and reasonable assurance that such activity in, on, or 2137
over surface waters or wetlands, as delineated in s. 373.421(1), 2138
is not contrary to the public interest. How ever, if such an 2139
activity significantly degrades or is within an Outstanding 2140
Florida Water, as provided by department rule, the applicant 2141
must provide reasonable assurance that the proposed activity 2142
will be clearly in the public interest. 2143
(a) In determining whether an activity, which is in, on, 2144
or over surface waters or wetlands, as delineated in s. 2145
373.421(1), and is regulated under this part, is not contrary to 2146
the public interest or is clearly in the public interest, the 2147
governing board or the departme nt shall consider and balance the 2148
following criteria: 2149
1. Whether the activity will adversely affect the public 2150
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health, safety, or welfare or the property of others; 2151
2. Whether the activity will adversely affect the 2152
conservation of fish and wildlife, in cluding endangered or 2153
threatened species, or their habitats; 2154
3. Whether the activity will adversely affect navigation 2155
or the flow of water or cause harmful erosion or shoaling; 2156
4. Whether the activity will adversely affect the fishing 2157
or recreational values or marine productivity in the vicinity of 2158
the activity; 2159
5. Whether the activity will be of a temporary or 2160
permanent nature; 2161
6. Whether the activity will adversely affect or will 2162
enhance significant historical and archaeological resources 2163
under the provisions of s. 267.061; and 2164
7. The current condition and relative value of functions 2165
being performed by areas affected by the proposed activity. 2166
(b) If the applicant is unable to otherwise meet the 2167
criteria set forth in this subsection, the governi ng board or 2168
the department, in deciding to grant or deny a permit, must 2169
shall consider measures proposed by or acceptable to the 2170
applicant to mitigate adverse effects that may be caused by the 2171
regulated activity. Such measures may include, but are not 2172
limited to, onsite mitigation, offsite mitigation, offsite 2173
regional mitigation, and the purchase of mitigation credits from 2174
mitigation banks permitted under s. 373.4136. It is shall be the 2175
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responsibility of the applicant to choose the form of 2176
mitigation. The mitigation must offset the adverse effects 2177
caused by the regulated activity. 2178
1. The department or water management districts may accept 2179
the donation of money as mitigation only where the donation is 2180
specified for use in a duly noticed environmental creati on, 2181
preservation, enhancement, or restoration project, endorsed by 2182
the department or the governing board of the water management 2183
district, which offsets the impacts of the activity permitted 2184
under this part. However, the provisions of this subsection does 2185
shall not apply to projects undertaken pursuant to s. 373.4137 2186
or chapter 378. Where a permit is required under this part to 2187
implement any project endorsed by the department or a water 2188
management district, all necessary permits must have been issued 2189
prior to the acceptance of any cash donation. After the 2190
effective date of this act, when money is donated to either the 2191
department or a water management district to offset impacts 2192
authorized by a permit under this part, the department or the 2193
water management dis trict shall accept only a donation that 2194
represents the full cost to the department or water management 2195
district of undertaking the project that is intended to mitigate 2196
the adverse impacts. The full cost shall include all direct and 2197
indirect costs, as appli cable, such as those for land 2198
acquisition, land restoration or enhancement, perpetual land 2199
management, and general overhead consisting of costs such as 2200
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staff time, building, and vehicles. The department or the water 2201
management district may use a multiplier or percentage to add to 2202
other direct or indirect costs to estimate general overhead. 2203
Mitigation credit for such a donation may shall be given only to 2204
the extent that the donation covers the full cost to the agency 2205
of undertaking the project that is intended to mitigate the 2206
adverse impacts. However, nothing herein may shall be construed 2207
to prevent the department or a water management district from 2208
accepting a donation representing a portion of a larger project, 2209
provided that the donation covers the full cos t of that portion 2210
and mitigation credit is given only for that portion. The 2211
department or water management district may deviate from the 2212
full cost requirements of this subparagraph to resolve a 2213
proceeding brought pursuant to chapter 70 or a claim for inver se 2214
condemnation. Nothing in this section may shall be construed to 2215
require the owner of a private mitigation bank, permitted under 2216
s. 373.4136, to include the full cost of a mitigation credit in 2217
the price of the credit to a purchaser of said credit. 2218
2. The department and each water management district shall 2219
report by March 1 of each year, as part of the consolidated 2220
annual report required by s. 373.036(7), all cash donations 2221
accepted under subparagraph 1. during the preceding water 2222
management district fis cal year for wetland mitigation purposes. 2223
The report must shall exclude those contributions pursuant to s. 2224
373.4137. The report must shall include a description of the 2225
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endorsed mitigation projects and, except for projects governed 2226
by s. 373.4135(6), must shall address, as applicable, success 2227
criteria, project implementation status and timeframe, 2228
monitoring, long-term management, provisions for preservation, 2229
and full cost accounting. 2230
3. If the applicant is unable to meet water quality 2231
standards because ex isting ambient water quality does not meet 2232
standards, the governing board or the department must shall 2233
consider mitigation measures proposed by or acceptable to the 2234
applicant that cause net improvement of the water quality in the 2235
receiving body of water fo r those parameters which do not meet 2236
standards. 2237
4. If mitigation requirements imposed by a local 2238
government for surface water and wetland impacts of an activity 2239
regulated under this part cannot be reconciled with mitigation 2240
requirements approved under a permit for the same activity 2241
issued under this part, including application of the uniform 2242
wetland mitigation assessment method adopted pursuant to 2243
subsection (18), the mitigation requirements for surface water 2244
and wetland impacts are shall be controlled by the permit issued 2245
under this part. 2246
(c) Where activities for a single project regulated under 2247
this part occur in more than one local government jurisdiction, 2248
and where permit conditions or regulatory requirements are 2249
imposed by a local government for the se activities which cannot 2250
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be reconciled with those imposed by a permit under this part for 2251
the same activities, the permit conditions or regulatory 2252
requirements are shall be controlled by the permit issued under 2253
this part. 2254
Section 24. Section 373.4142, Florida Statutes, is amended 2255
to read: 2256
373.4142 Water quality within stormwater treatment 2257
systems.—State surface water quality standards applicable to 2258
waters of the state, as defined in s. 403.031 s. 403.031(13), do 2259
shall not apply within a stormwater m anagement system which is 2260
designed, constructed, operated, and maintained for stormwater 2261
treatment in accordance with a valid permit or noticed exemption 2262
issued pursuant to chapter 62 -25, Florida Administrative Code; a 2263
valid permit or exemption under s. 37 3.4145 within the Northwest 2264
Florida Water Management District; a valid permit issued on or 2265
subsequent to April 1, 1986, within the Suwannee River Water 2266
Management District or the St. Johns River Water Management 2267
District pursuant to this part; a valid perm it issued on or 2268
subsequent to March 1, 1988, within the Southwest Florida Water 2269
Management District pursuant to this part; or a valid permit 2270
issued on or subsequent to January 6, 1982, within the South 2271
Florida Water Management District pursuant to this par t. Such 2272
inapplicability of state water quality standards shall be 2273
limited to that part of the stormwater management system located 2274
upstream of a manmade water control structure permitted, or 2275
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approved under a noticed exemption, to retain or detain 2276
stormwater runoff in order to provide treatment of the 2277
stormwater. The additional use of such a stormwater management 2278
system for flood attenuation or irrigation does shall not divest 2279
the system of the benefits of this exemption. This section does 2280
shall not affect the authority of the department and water 2281
management districts to require reasonable assurance that the 2282
water quality within such stormwater management systems will not 2283
adversely impact public health, fish and wildlife, or adjacent 2284
waters. 2285
Section 25. Paragraph (a) of subsection (1) of section 2286
373.430, Florida Statutes, is amended to read: 2287
373.430 Prohibitions, violation, penalty, intent. — 2288
(1) It shall be a violation of this part, and it shall be 2289
prohibited for any person: 2290
(a) To cause pollution, as defined in s. 403.031 s. 2291
403.031(7), except as otherwise provided in this part, so as to 2292
harm or injure human health or welfare, animal, plant, or 2293
aquatic life or property. 2294
Section 26. Paragraph (n) of subsection (2) of sect ion 2295
373.4592, Florida Statutes, is amended to read: 2296
373.4592 Everglades improvement and management. — 2297
(2) DEFINITIONS.—As used in this section: 2298
(n) "Stormwater management program" shall have the meaning 2299
set forth in s. 403.031 s. 403.031(15). 2300
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Section 27. Paragraph (c) of subsection (1) of section 2301
403.890, Florida Statutes, is amended to read: 2302
403.890 Water Protection and Sustainability Program. — 2303
(1) Revenues deposited into or appropriated to the Water 2304
Protection and Sustainability Program Trust Fund shall be 2305
distributed by the Department of Environmental Protection for 2306
the following purposes: 2307
(c) The water quality improvement wastewater grant program 2308
as provided in s. 403.0673. 2309
Section 28. Paragraph (b) of subsection (1) of section 2310
403.892, Florida Statutes, is amended to read: 2311
403.892 Incentives for the use of graywater technologies. — 2312
(1) As used in this section, the term: 2313
(b) "Graywater" has the same meaning as in s. 381.0065(2) 2314
s. 381.0065(2)(f). 2315
Section 29. Paragraphs (c) and (d) of subsection (2) of 2316
section 403.9301, Florida Statutes, are amended to read: 2317
403.9301 Wastewater services projections. — 2318
(2) As used in this section, the term: 2319
(c) "Treatment works" has the same meaning as provided in 2320
s. 403.031 s. 403.031(11). 2321
(d) "Wastewater services" means service to a sewerage 2322
system, as defined in s. 403.031 s. 403.031(9), or service to 2323
domestic wastewater treatment works. 2324
Section 30. Paragraphs (b) and (c) of subsection (2) of 2325
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section 403.9302, Florida Statutes, are amended to read: 2326
403.9302 Stormwater management projections. — 2327
(2) As used in this section, the term: 2328
(b) "Stormwater management program" has the same meaning 2329
as provided in s. 403.031 s. 403.031(15). 2330
(c) "Stormwater management system" has the same meaning as 2331
provided in s. 403.031 s. 403.031(16). 2332
Section 31. For the purpose of incorporating the amendment 2333
made by this act to section 259.032, Florida Statutes, in a 2334
reference thereto, subsection (6) of section 259.045, Florida 2335
Statutes, is reenacted to read: 2336
259.045 Purchase of lands in areas of critical state 2337
concern; recommendations by department and land authorities. —2338
Within 45 days after the Administration Commission designates an 2339
area as an area of critical state concern under s. 380.05, and 2340
annually thereafter, the Department of Environmental Protection 2341
shall consider the recommendations of the state land planning 2342
agency pursuant to s. 380.05(1)(a) relating to purchase of lands 2343
within an area of critical state concern or lands outside an 2344
area of critical state concern that directly impact an area of 2345
critical state concern, which may include lands used to preserve 2346
and protect water supply, and shall make recommendations to the 2347
board with respect to the purchase of the fee or any lesser 2348
interest in any such lands that are: 2349
(6) Lands used to prevent or satisfy private property 2350
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rights claims resulting from limitations imposed by the 2351
designation of an area of critical state concern if the 2352
acquisition of such lands fulfills a public purpose lis ted in s. 2353
259.032(2) or if the parcel is wholly or partially, at the time 2354
of acquisition, on one of the board's approved acquisition lists 2355
established pursuant to this chapter. For the purposes of this 2356
subsection, if a parcel is estimated to be worth $500, 000 or 2357
less and the director of the Division of State Lands finds that 2358
the cost of an outside appraisal is not justified, a comparable 2359
sales analysis, an appraisal prepared by the Division of State 2360
Lands, or other reasonably prudent procedures may be used by the 2361
Division of State Lands to estimate the value of the parcel, 2362
provided the public's interest is reasonably protected. 2363
2364
The department, a local government, a special district, or a 2365
land authority within an area of critical state concern may make 2366
recommendations with respect to additional purchases which were 2367
not included in the state land planning agency recommendations. 2368
2369
Section 32. The Legislature determines and declares that 2370
this act fulfills an important state interest. 2371
Section 33. This act shall take effect July 1, 2023. 2372