The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 1632
INTRODUCER: Senator Brodeur
SUBJECT: Environmental Protection
DATE: March 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1632 is a bill related to environmental protection. The major topics in this bill include
wastewater treatment, onsite sewage treatment and disposal systems (OSTDSs), sanitary sewer
services, basin management action plans (BMAPs), the wastewater grant program, the Indian
River Lagoon (IRL), and the acquisition of state lands.
Regarding advanced wastewater treatment, the bill:
Requires sewage disposal facilities to provide advanced waste treatment before discharging
into certain impaired waters by January 1, 2033; and
Requires that, for waters that become impaired after July 1, 2023, sewage disposal facilities
must provide advanced waste treatment within 10 years of the designation.
Regarding OSTDS, the bill:
Prohibits new OSTDSs within a BMAP, reasonable assurance plan, or pollution reduction
plan where sewer is available. On lots one acre or less where sewer is not available, new
OSTDSs must be an enhanced system or other treatment system that achieves at least 50
percent nutrient reduction compared to standards OSTDSs; and
Encourages local government agencies that receive grants or loans from the Department of
Environmental Protection (DEP) for connecting OSTDSs to sewer systems to notify owners
of OSTDSs that such funding is available and provide this information online.
For BMAPs that include an Outstanding Florida Spring, the bill expands the area for which
an OSTDS remediation plan is required from a “priority focus area” to the entire BMAP.
Regarding sanitary sewer services, the bill:
Requires local governments to develop a plan to provide sanitary sewer services for
developments of more than 50 residential lots that have more than one OSTDS per acre
within a 10-year planning horizon (not required for rural areas of opportunity);
REVISED: BILL: SB 1632 Page 2
Requires local governments to update their comprehensive plans to include the sanitary
sewer planning element by July 1, 2024; and
Requires local governments that are subject to a BMAP (or located within the basin of waters
not meeting applicable nutrient-related water quality standards) to provide DEP with an
annual update on the status of the construction of sanitary sewers to serve such areas.
Regarding BMAPs, the bill:
Requires BMAPs to include 5-year milestones for implementation and water quality
improvement;
Requires entities that have a specific pollutant load reduction requirement to submit to DEP a
list of projects that will be undertaken to meet the 5-year milestones;
Requires DEP to coordinate with the Department of Agriculture and Consumer Services
(DACS) and owners of agricultural operations in a BMAP to identify a list projects that will
reduce pollutant loads for agricultural nonpoint sources; and
Requires local governments to include in their comprehensive plans a list of projects
necessary to achieve pollutant load reductions attributable to the local government as part of
a BMAP.
Regarding the wastewater grant program, the bill:
Expands the areas/types of waterbodies that are eligible to receive funding;
Expands the types of projects that are eligible for grants to include additional wastewater
projects, stormwater projects, and regional agricultural projects;
Removes the requirement that each grant have a minimum 50 percent local match of funds,
but allows DEP to consider percent cost-share identified by an applicant (except in for rural
areas of opportunity) when prioritizing projects; and
Requires DEP to coordinate with local governments and stakeholders to identify the most
effective and beneficial water quality improvement projects.
Regarding the IRL, the bill:
Establishes the IRL Protection Program, consisting of the Banana River Lagoon BMAP,
Central Indian River Lagoon BMAP, North Indian River Lagoon BMAP, and Mosquito
Lagoon Reasonable Assurance Plan;
Requires the IRL Protection Program to establish five-year milestones for implementation
and water quality improvement and a water quality monitoring component to evaluate the
progress of pollutant load reductions;
Requires DEP to evaluate the program every five years and identify any further load
reductions necessary to achieve compliance with total maximum daily loads;
Requires DEP to identify projects necessary to achieve water quality standards within the
IRL watershed;
Prohibits new OSTDSs (unless previously permitted) within the IRL Protection Program area
beginning January 1, 2024, where a central sewerage system is available. For new
developments where sewer is not available, only enhanced nutrient-reducing OSTDSs will be
authorized; and
Requires any commercial or residential property with an existing OSTDS located within the
IRL Protection Program area to connect to central sewer or upgrade to an enhanced nutrient- BILL: SB 1632 Page 3
reducing OSTDS (or other wastewater treatment system that achieves at least 50 percent
nutrient reduction) by July 1, 2030.
Regarding the acquisition of state lands, the bill:
Raises the property value threshold for when two appraisals of a parcel is required from $1
million to $5 million;
Raises the contract price threshold for when the Board of Trustees of the Internal
Improvement Trust Fund (Board of Trustees) must approve an agreement to acquire real
property from $1 million to $5 million;
Removes the requirement that the Board of Trustees approve an acquisition if it is an initial
purchase in a Florida Forever project; and
Provides that the Board of Trustees may expend moneys to acquire land to complete critical
linkages within the Florida Wildlife Corridor.
II. Present Situation:
Water Quality and Nutrients
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.
1
The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.
2
Phosphorus and nitrogen are derived from natural and human-made sources.
3
Human-made
sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.
4
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the
alteration of the natural community of plants and animals.
5
Dense, harmful algal blooms can also
cause human health problems, fish kills, problems for water treatment plants, and impairment of
the aesthetics and taste of waters. Growth of nuisance aquatic weeds tends to increase in nutrient-
enriched waters, which can impact recreational activities.
6
Wastewater Treatment
The proper treatment and disposal or reuse of wastewater is a crucial part of protecting Florida’s
water resources. The majority of the state’s wastewater is controlled and treated by centralized
1
U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 10,
2023).
2
Id.
3
Id.
4
EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-solutions (last visited Mar. 10, 2023).
5
EPA, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 10, 2023).
6
Id. BILL: SB 1632 Page 4
treatment facilities regulated by the Department of Environmental Protection (DEP). Florida has
approximately 2,000 permitted domestic wastewater treatment facilities.
7
Under section 402 of the federal Clean Water Act, any discharge of a pollutant from a point
source
8
to surface waters (i.e., the navigable waters of the United States or beyond) must obtain a
National Pollution Discharge Elimination System (NPDES) permit.
9
NPDES permit
requirements for most wastewater facilities or activities (domestic or industrial) that discharge to
surface waters are incorporated into a state-issued permit, thus giving the permittee one set of
permitting requirements rather than one state and one federal permit.
10
DEP issues operation
permits for a period of five years for facilities regulated under the NPDES program and up to 10
years for other domestic wastewater treatment facilities meeting certain statutory requirements.
11
Sewage disposal facilities are required to provide advanced waste treatment under certain
circumstances or when deemed necessary by DEP.
12
Advanced waste treatment is treatment that
provides a reclaimed water product containing no more than the following concentrations of
pollutants:
5 mg/l of Biochemical Oxygen Demand;
5 mg/l of Suspended Solids;
3 mg/l of Total Nitrogen; and
1 mg/l of Total Phosphorous.
13
Advanced waste treatment also requires high-level disinfection.
14
Failure to conform to this
standard is punishable by a civil penalty of $750 for each day the failure continues.
15
7
Dep’t of Environmental Protection (DEP), General Facts and Statistics about Wastewater in Florida,
https://floridadep.gov/water/domestic-wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited
Mar. 10, 2023).
8
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Fla. Admin. Code R. 62-620.200(37).
9
33 U.S.C. s. 1342.
10
Sections 403.061 and 403.087, F.S.
11
Section 403.087(3), F.S.
12
Section 403.086(2), F.S.
13
Section 403.086(4), F.S.
14
Section 403.086(4)(b), F.S.; Fla. Admin. Code R. 62-600.440(6).
15
Section 403.086(2), F.S. DEP, Domestic Wastewater Treatment Process, available at
https://floridadep.gov/water/domestic-wastewater/documents/domestic-wastewater-treatment-process (showing flowchart of
wastewater treatment process). BILL: SB 1632 Page 5
Sewage disposal facilities must provide advanced waste treatment approved by DEP before are
disposing of wastes into the following waters: Old Tampa Bay, Tampa Bay, Hillsborough Bay,
Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts
Bay, Lemon Bay, Charlotte Harbor Bay, Biscayne Bay, and, beginning July 1, 2025, Indian
River Lagoon, or into any river, stream, channel, canal, bay, bayou, sound, or other water
tributary thereto.
16
However, this requirement does not apply to facilities permitted before
February 1987 that discharge secondary treated effluent, followed by water hyacinth treatment,
to tributaries of tributaries of these waters or to facilities permitted to discharge to the nontidally
influenced portions of the Peace River.
17
16
Section 403.086(1)(c), F.S.
17
Id. BILL: SB 1632 Page 6
Onsite Sewage Treatment and Disposal Systems
Onsite sewage treatment and disposal
systems (OSTDSs), commonly referred to as
“septic systems,” generally consist of two
basic parts: the septic tank and the
drainfield.
18
Waste from toilets, sinks,
washing machines, and showers flows
through a pipe into the septic tank where
anaerobic bacteria break the solids into a
liquid form. The liquid portion of the
wastewater flows into the drainfield, which
is generally a series of perforated pipes or
panels surrounded by lightweight materials
such as gravel or Styrofoam. The drainfield
provides a secondary treatment where
aerobic bacteria continue deactivating the
germs. The drainfield also provides filtration
of the wastewater as gravity draws the water
down through the soil layers.
19
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.
20
Development in some areas is dependent on OSTDSs due to
the cost and time it takes to install central sewer systems.
21
For example, in rural areas and low-
density developments, central sewer systems are not cost-effective. A 2008 study found that less
than one percent of OSTDSs in Florida were actively managed under operating permits and
maintenance agreements.
22
The remainder of the systems are generally serviced only when they
fail, often leading to costly repairs that could have been avoided with routine maintenance.
23
In a conventional OSTDS, the septic tank does not reduce nitrogen from raw sewage.
Approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a system that
is installed 24 inches or more from groundwater.
24
This still leaves a significant amount of
18
Dep’t of Health (DOH), Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Mar. 13, 2023); EPA,
Types of Septic Systems, https://www.epa.gov/septic/types-septic-systems (last visited Mar. 13, 2023) (showing the graphic
provided in the analysis).
19
Id.
20
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20commonly,r
epresents%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Mar. 13, 2023).
21
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, 1 (2008),
available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-implement-mandatory-
statewide-inspection.pdf (last visited Mar. 13, 2023).
22
Id.
23
Id.
24
DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), available at
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; see Fla. Admin. Code R.
64E-6.006(2). BILL: SB 1632 Page 7
nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a potential
contaminant in groundwater.
25
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a
typical septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).
26
DEP publishes on its website approved products and resources on advanced systems.
27
Determining which advanced system is the best option can depend on site-specific conditions.
Summary of Annual One-Time Construction Cost Impact to Residential Property Owners
28
(1) Estimated conventional system cost is $5,400.
29
The owner of a properly functioning OSTDS must connect to a sewer system within one year of
receiving notification that a sewer system is available for connection.
30
Owners of an OSTDS in
need of repair or modification must connect within 90 days of notification from DEP.
31
Basin
management action plans (BMAPs) may require the connection of new properties to central
sewer or upgrade to an enhanced-nitrogen reducing system as part of an OSTDS remediation
plan.
32
(See below for a detailed discussion on BMAPs.) DEP is developing a rule that includes
the requirement that OSTDS permits comply with the applicable BMAP.
33
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to DEP.
34
The Onsite Sewage Program will be transferred over
a period of five years, and guidelines for the transfer are provided by an interagency agreement.
35
25
University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf (last visited Feb. 10, 2023).
26
DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May
2021), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-
reducing-tech-18-10-29.pdf.
27
DEP, Onsite Sewage Program, Product Listings and Approval Requirements, https://floridadep.gov/water/onsite-
sewage/content/product-listings-and-approval-requirements (last visited Mar. 15, 2023).
28
DEP, Statement of Estimated Regulatory Cost for Proposed Changes to Rule 62-6.001, F.A.C., 13 (on file with the Senate
Committee on Environment and Natural Resources).
29
Id.
30
Section 381.00655, F.S.
31
Id.
32
See sections 373.807, 373.811, and 403.067, F.S.
33
See 48 Fla. Admin. Reg. 1276 (Apr. 1, 2022) available at
https://www.flrules.org/Faw/FAWDocuments/FAWVOLUMEFOLDERS2022/4864/4864doc.pdf; see also DEP, History of
Rule 62-6.001, https://www.flrules.org/gateway/ruleNo.asp?id=62-6.001 (last visited Mar. 15, 2023).
34
DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Feb. 10, 2023).
35
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 5 (2021), available at http://www.floridahealth.gov/environmental-health/onsite-
sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf (last visited Feb. 10, 2023). BILL: SB 1632 Page 8
Per the agreement, DEP has the primary powers and duties of the Onsite Sewage Program,
meaning that the county departments of health will implement the OSTDS program under the
direction of DEP instead of DOH.
36
The county departments of health still handle permitting and
inspection of OSTDSs.
37
In the event of an alleged violation of OSTDS laws, county
departments of health will be responsible for conducting an inspection to gather information
regarding the allegations.
38
Wastewater Grant Program
In 2020, the Legislature created a wastewater grant program in s. 403.0673, F.S., as part of the
Clean Waterways Act.
39
The legislation authorized DEP to provide grants to governmental
entities for wastewater projects that reduce excess nutrient pollution within a BMAP, alternative
restoration plan adopted by final order, or rural area of opportunity.
40
The program requires at
least a 50 percent match, though this requirement can be waived for rural areas of opportunity.
41
Eligible projects include:
Projects to retrofit OSTDSs to upgrade such systems to enhanced nutrient-reducing systems;
Projects to construct, upgrade, or expand facilities to provide advanced waste treatment; and
Projects to connect OSTDSs to central sewer facilities.
42
DEP coordinates with water management districts to identify grant recipients in each district.
43
DEP must consider the estimated reduction in nutrient load per project; project readiness; the
cost-effectiveness of the project; the overall environmental benefit of a project; the location of a
project; the availability of local matching funds; and projected water savings or quantity
improvements associated with a project.
44
DEP submits an annual report identifying the projects
funded through the grant program to the Governor and Legislature.
45
Projects that subsidize the
connection of OSTDS to wastewater treatment facilities are given priority in the following
manner:
First priority: subsidizing the connection of OSTDS to existing infrastructure.
Second priority: any expansion of a collection or transmission system that promotes
efficiency by planning the installation of wastewater transmission facilities to be constructed
concurrently with other construction projects occurring within or along a transportation
facility right-of-way.
Third priority: all other connections of OSTDS to wastewater treatment facilities.
36
Id. at 14.
37
Id. at 11; DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Feb. 10, 2023).
38
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program at 11.
39
Chapter 2020-150, Laws of Fla., and section 403.0673, F.S.
40
Section 403.0673(1), F.S.
41
Id.
42
Id.
43
Section 403.0673(4), F.S.
44
Section 403.0673(2), F.S.
45
Section 403.0673(5), F.S. BILL: SB 1632 Page 9
The wastewater grant program is funded by documentary stamp tax revenues.
46
After required
distributions from documentary stamp tax revenues are disbursed,
47
an amount equaling 5.4175
percent of the remainder is paid into the Water Protection and Sustainability Program Trust Fund
to be used to fund wastewater grants.
48
The Office of Economic and Demographic Research
estimates that the distribution for wastewater grants in fiscal year 2023-2024 will be $95.2
million.
49
Water Quality Standards
Under section 303(d) of the federal Clean Water Act, states must establish water quality
standards for waters within their borders and develop a list of impaired waters that do not meet
the established water quality standards, as well as a list of threatened waters that may not meet
water quality standards in the following reporting cycle.
50
If DEP determines that a waterbody or waterbody segment is impaired, it must be placed on the
verified list of impaired waters and a total maximum daily load (TMDL) must be calculated.
51
The waterbody or waterbody segment may be removed from the verified list if it attains water
quality criteria.
52
If DEP determines that a waterbody is impaired, but further study is needed to
determine the causative pollutants or other factors contributing to impairment before the
waterbody is placed on the verified list, the waterbody or waterbody segment will be placed on
the statewide comprehensive study list.
53
Total Maximum Daily Loads
A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive
and still meet water quality standards.
54
Pursuant to the federal Clean Water Act, DEP must
establish a TMDL for impaired waterbodies.
55
As of December 2022, a total of 459 TMDLs have
been established for impaired waters in Florida.
56
46
Section 201.15(4)(h), F.S. Documentary stamp tax revenues are collected under ch. 201, F.S., which requires an excise tax
to be levied on two classes of documents: deeds and other documents related to real property, which are taxed at the rate of
70 cents per $100; and certificates of indebtedness, promissory notes, wage assignments, and retail charge account
agreements, which are taxed at 35 cents per $100. See sections 201.02(1)(a) and 201.08(1)(a), F.S.
47
The required distributions are to the Land Acquisition Trust Fund and the service charge representing the estimated pro rata
share of the cost of general government paid from the General Revenue Fund. Section 201.15(4), F.S.
48
Section 201.15(4)(h), F.S.
49
Office of Economic and Demographic Research (EDR), Conference Results, (2023) available at
http://edr.state.fl.us/Content/conferences/docstamp/docstampresults.pdf.
50
EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA,
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited Mar. 13,
2023); 40 C.F.R. 130.7; DEP, Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-evaluation-
tmdl/content/total-maximum-daily-loads-tmdl-program (last visited Mar. 13, 2023).
51
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Feb.
24, 2023); DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-
ids-wbids/about (last visited Feb. 24, 2023); and section 403.067(4), F.S.
52
Section 403.067(5), F.S.
53
Section 403.067(2), F.S.; ch. 62-303.150, F.A.C.
54
Section 403.067(6)(a), F.S. See also 33 U.S.C. § 1251, s. 303(d) (the Clean Water Act).
55
Section 403.067(1), F.S.
56
EDR, Annual Assessment of Florida’s Water Resources: Quality, 5 (2023), available at
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf. BILL: SB 1632 Page 10
Basin Management Action Plans
BMAPs are one of the primary mechanisms DEP uses to achieve TMDLs. BMAPs are plans that
address the entire pollution load, including point and nonpoint discharges,
57
for a watershed. As
of June 2022, there were 33 adopted BMAPs in Florida.
58
BMAPs generally consist of:
Permitting and other existing regulatory programs, including water quality based effluent
limitations;
Best management practices (BMPs) (see below for further discussion of BMPs) and non-
regulatory and incentive-based programs, including cost-sharing, waste minimization,
pollution prevention, agreements, and public education;
Public works projects, including capital facilities; and
Land acquisition.
59
Producers of nonpoint source pollution included in a BMAP must comply with the established
pollutant reductions by either implementing the appropriate BMPs or by conducting water
quality monitoring.
60
A nonpoint source discharger may be subject to enforcement action by
DEP or a water management district based on a failure to implement these requirements.
61
DEP may establish a BMAP as part of the development and implementation of a TMDL for a
specific waterbody. First, the BMAP equitably allocates pollutant reductions to individual basins,
to all basins as a whole, or to each identified point source or category of nonpoint sources.
62
Then, the BMAP establishes the schedule for implementing projects and activities to meet the
pollution reduction allocations.
63
The BMAP development process provides an opportunity for local stakeholders, local
government, community leaders, and the public to collectively determine and share water quality
cleanup responsibilities collectively.
64
BMAPs are adopted by secretarial order.
65
Each BMAP must include:
The management strategies available through existing water quality protection programs to
achieve TMDLs;
A description of BMPs adopted by rule;
57
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Nonpoint sources of pollution are
sources of pollution that are not point sources. Fla. Admin. Code R. 62-620.200(37).
58
EDR, Annual Assessment of Florida’s Water Resources: Quality at 5.
59
Section 403.067(7), F.S.
60
Section 403.067(7)(b)2.g., F.S. For example, BMPs for agriculture include activities such as managing irrigation water to
minimize losses, limiting the use of fertilizers, and waste management.
61
Section 403.067(7)(b)2.h., F.S.
62
Id.
63
Id.
64
DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-
management-action-plans-bmaps (last visited Mar. 13, 2023).
65
Section 403.067(7), F.S. BILL: SB 1632 Page 11
A list of projects in priority ranking with a planning-level cost estimate and estimated date of
completion for each project;
The source and amount of financial assistance to be made available; and
A planning-level estimate of each project’s expected load reduction, if applicable.
66
BMAPs must also include milestones for implementation and water quality improvement and an
associated water quality monitoring component to evaluate the progress of pollutant load
reductions.
67
Every five years an assessment of progress toward these milestones must be
conducted and revisions to the plan made as appropriate.
68
In addition, a BMAP for a nutrient TMDL must include a wastewater treatment plan that
addresses domestic wastewater if DEP identifies domestic wastewater treatment facilities as
contributors of at least 20 percent of point source or nonpoint source nutrient pollution or if DEP
determines remediation is necessary to achieve the TMDL.
69
This plan must provide for the
construction, expansion, or upgrades necessary to achieve applicable TMDLs and include
information regarding the permitted capacity of the domestic wastewater treatment facility; the
average nutrient concentration and the estimated average nutrient load of the domestic
wastewater; a projected timeline for the construction of any facility improvements; the estimated
cost of the improvements; and the identity of responsible parties.
70
BMAPs must also include an OSTDS remediation plan if DEP identifies OSTDSs as a
contributor of at least 20 percent of point source or nonpoint source nutrient pollution or if DEP
determines remediation is necessary to achieve a TMDL.
71
This remediation plan must identify
cost-effective and financially feasible projects necessary to achieve the nutrient load reductions
required for OSTDSs.
72
The plan must also include an inventory of OSTDSs (including those
systems that would be eliminated through connection to central domestic wastewater
infrastructure or that would be upgraded to an enhanced nutrient-reducing system); the estimated
cost of potential OSTDS connections, upgrades, or replacements; and deadlines and milestones
for the planning, design, and construction of projects.
73
In addition, a BMAP must include a cooperative agricultural regional water quality improvement
element, but only if:
Agricultural measures have been adopted by the Department of Agriculture and Consumer
Services (DACS) and have been implemented and the waterbody remains impaired;
Agricultural nonpoint sources contribute to at least 20 percent of nonpoint source nutrient
discharges; and
DEP determines that additional measures are necessary to achieve the TMDL.
74
66
Section 403.067(7)(a)4., F.S.
67
Section 403.067(7)(a)6., F.S.
68
Id.
69
Section 403.067(7)(a)9., F.S.
70
Section 403.067(7)(a)9.a., F.S.
71
Section 403.067(7)(a)9.b., F.S.
72
Id.
73
Id.
74
Section 403.067(7)(e), F.S. BILL: SB 1632 Page 12
The cooperative agricultural regional water quality improvement element must be implemented
through the use of cost-sharing projects and include cost-effective and technically and financially
practical cooperative regional agricultural nutrient reduction projects that can be implemented on
private properties on a site-specific, cooperative basis.
75
Best Management Practices
BMPs are defined in statute as a practice or combination of practices determined by the
coordinating agencies—based on research, field-testing, and expert review—to be the most
effective and practicable on-location means, including economic and technological
considerations, for improving water quality in agricultural and urban discharges.
76
BMPs for
agricultural discharges must reflect a balance between water quality improvements and
agricultural productivity.
77
BMPs are designed to protect water resources from nonpoint source pollution,
78
occurring from
operations like agriculture, golf courses, forestry, and stormwater management.
79
BMPs are
practical measures that can reduce the effects of fertilizer, nutrients, and water use on the
environment and otherwise manage the landscape to further protect water resources.
80
Alternative Restoration Plans
Alternative Restoration Plans (4b or 4e plans) employ the early implementation of restoration
activities to avoid being placed on the verified list and the development of TMDLs and
BMAPs.
81
A waterbody can be placed in category 4e if it is impaired but recently completed
restoration activities (or ongoing restoration activities are underway) to restore the designated
uses of the waterbody.
82
For 4e plans, the waterbody is still included on the Clean Water Act’s
303(d) list, but placement on the verified list is postponed for one five-year assessment cycle to
allow for implementation of the 4e plan and evaluation of progress toward restoration.
83
75
Section 403.067(7)(e), F.S. Eligible projects include land acquisition in fee or conservation easements on the lands of
willing sellers and site-specific water quality improvement or dispersed water management projects on the lands of project
participants. Id.
76
Section 373.4595(2)(a), F.S.; see also section 373.4592(2)(b), F.S.
77
Id.
78
Point sources are any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged. Fla. Admin. Code R. 62-620.200(37).
79
University of Florida Institute of Food and Agricultural Sciences (UF/IFAS), Best Management Practices,
https://hort.ifas.ufl.edu/yourfloridalawn/bmps.shtml (last visited Mar. 15, 2023); DEP, NPDES Stormwater Program,
https://floridadep.gov/Water/Stormwater (last visited Mar. 15, 2023).
80
UF/IFAS, What are Agricultural Best Management Practices?, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Mar. 15,
2023).
81
DEP, Alternative Restoration Plans, https://floridadep.gov/DEAR/Alternative-Restoration-Plans (last visited Mar. 13,
2023).
82
Id.
83
DEP, Category 4e Assessments and Documentation, https://floridadep.gov/dear/alternative-restoration-
plans/content/category-4e-assessments-and-documentation (last visited Mar. 15, 2023). BILL: SB 1632 Page 13
Category 4b plans include waterbodies that are impaired for one or more designated uses but
does not require TMDL development because existing or proposed measures will attain water
quality standards.
84
These waterbodies are not included in the CWA 303(d) list.
85
A reasonable assurance plan (RAP) is a control measure that DEP may implement for category
4b impaired waterbodies.
86
DEP first determines if a waterbody is impaired or may be
reasonably expected to become impaired within the next five years.
87
If a waterbody fits this
criteria, DEP evaluates whether existing or proposed technology-based effluent limitations and
other pollution control programs are sufficient to result in the attainment of water quality
standards. If the waterbody is expected to attain water quality standards in the future and to make
reasonable progress towards attainment of those standards in a certain timeframe, the waterbody
will not require a TMDL. DEP’s decision must be based on a plan that provides reasonable
assurance that proposed pollution control mechanisms and expected water quality improvements
in the waterbody will attain water quality standards.
88
Outstanding Florida Springs
In 2016, the Florida Legislature enacted the Florida Springs and Aquifer Protection Act (the Act)
and identified 30 Outstanding Florida Springs (OFSs) that require additional protections to
ensure their conservation and restoration for future generations.
89
These springs are a unique part
of the state’s scenic beauty, provide critical habitat, and have immeasurable natural, recreational,
and economic value.
90
The Act requires DEP to assess the water quality in the OFSs. Based on
these assessments, DEP determined that 24 of these springs are impaired.
91
For these impaired
springs, DEP must adopt (or re-adopt) a BMAP to implement all the protections of the Act,
including:
Prioritized lists of restoration projects along with planning level estimates for cost, schedule,
and nutrient load reduction;
Phased milestones (5-year, 10-year, and 15-year) to achieve water quality restoration targets
in 20 years;
Estimated nutrient pollutant loads, allocated to each source or category of sources;
Completed remediation plans for OSTDSs where septic loading accounts for at least 20
percent of the estimated nutrient input;
92
and
84
EDR, Annual Assessment of Florida’s Water Resources: Quality, 14 (2023), available at
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf.
85
Id.
86
DEP, Alternative Restoration Plans, https://floridadep.gov/DEAR/Alternative-Restoration-Plans (last visited Mar. 13,
2023).
87
Fla. Admin. Code R. 62-303.600.
88
Id.
89
DEP, Springs, https://floridadep.gov/springs/ (last visited Mar. 13, 2023). OFSs include all historic first magnitude springs
and the following additional springs, including their associated spring runs: De Leon Springs, Peacock Springs, Poe Springs,
Rock Springs, Wekiwa Springs, and Gemini Springs. Section 373.802(4), F.S.
90
DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 13, 2023).
91
Id.
92
Although OSTDS remediation plans were first only required for springs, in 2020, the requirement was expanded to
BMAPs statewide as part of the Clean Waterways Act. See Chapters 2016-1, s. 27 and 2020-150, s. 13, Laws of Fla. Notably,
OSTDS remediation plans for springs are only required within the priority focus areas, whereas the laws governing BMAPs
require OSTDS remediation plans more generally within the entire BMAP. BILL: SB 1632 Page 14
Delineated “priority focus areas” where certain activities are prohibited.
93
A “priority focus area” is the area or areas of a basin where the Floridan Aquifer
94
is generally
most vulnerable to pollutant inputs where there is a known connectivity between groundwater
pathways and an OFS, as determined by DEP in consultation with the appropriate water
management districts and delineated in a BMAP.
95
The activities prohibited within priority focus areas include:
New domestic wastewater disposal facilities with permitted capacities of 100,000 gallons per
day or more, except for those facilities that meet an advanced wastewater treatment standard
of no more than 3 mg/l total nitrogen, on an annual permitted basis, or a more stringent
treatment standard if necessary to attain a TMDL;
New OSTDSs on lots of less than one acre, if the addition of the specific systems conflicts
with an OSTDS remediation plan incorporated into a BMAP;
New facilities for the disposal of hazardous waste;
The land application of Class A or Class B domestic wastewater biosolids not in accordance
with a DEP-approved nutrient management plan; and
93
DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 13, 2023).
94
The Floridan Aquifer is the largest aquifer in the southeastern United States and one of the most productive aquifer systems
in the world. The aquifer underlies an area of about 100,000 square miles that includes all of Florida and extends into parts of
Alabama, Georgia and South Carolina, as well as parts of the Atlantic Ocean and the Gulf of Mexico. St. Johns River Water
Management District, Florida’s aquifers, https://www.sjrwmd.com/water-
supply/aquifer/#:~:text=Aquifer%20facts%201%20More%20than%2090%20percent%20of,2%2C000%20feet%20below%20
land%20surface.%20...%20More%20items (last visited Mar. 13, 2023).
95
Section 373.802(5), F.S.; DEP, Map of Priority Focus Areas in BMAPs,
https://fdep.maps.arcgis.com/apps/View/index.html?appid=1afdd97c67584c06840019241becde74 (last visited Mar. 13,
2023) (map of priority focus areas). BILL: SB 1632 Page 15
New agriculture operations that do not implement BMPs, measures necessary to achieve
pollution reduction levels established by DEP, or groundwater monitoring plans.
96
There have been recent legal challenges to DEP’s development of BMAPs for OFSs. In Sierra
Club v. Department of Environmental Protection, the court held that DEP failed to comply with
ss. 403.067(6)(b) and 373.801(1)(b), F.S., in creating the BMAPs because the BMAPs failed to
include an identification of each specific point source or category of nonpoint sources and an
estimated allocation of the pollutant for each point source or category of nonpoint sources.
97
Instead, the BMAPs included pie charts that only showed current estimated nitrogen loading in
the various springsheds by source and allocations to entire basins, not to any point or nonpoint
source.
98
Indian River Lagoon
The Indian River Lagoon (IRL) is a 156-mile-long estuary spanning approximately 40 percent of
Florida’s east coast.
99
There are six coastal counties in the IRL watershed: Volusia, Brevard,
Indian River, St. Lucie, Martin, and Palm Beach.
100
The IRL extends from Ponce de Leon Inlet
near New Smyrna Beach in Volusia County to the southern border of Jupiter Inlet in Martin
County.
101
There are three interconnected lagoons in the IRL basin: Mosquito Lagoon, Banana
River Lagoon, and Indian River Lagoon.
102
The IRL is considered the most biologically diverse estuary in North America.
103
It is home to
more than 2,000 species of plants, 600 species of fish, 300 species of birds, and 53 threatened or
endangered species.
104
In 2014, the estimated annual economic value received from the IRL was
approximately $7.6 billion, around $1.57 billion of which is attributable to recreation and visitor-
96
Section 373.811, F.S.
97
Sierra Club v. DEP, No. 1D21-1667, *2 (Fla. 1st DCA 2023).
98
Id. at *5.
99
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon, 14 (2021), available at
https://publicfiles.dep.state.fl.us/DEAR/BMAP/IndianRiverLagoon/BMAP_Documents/2021_IRL_BMAP_Final/CIRL/Final
_CIRL_BMAP_02102021.pdf; IRLNEP, Importance, https://onelagoon.org/importance/ (last visited Mar. 10, 2023).
100
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon at 14.
101
Id.
102
DEP, TMDL Report, Nutrient and Dissolved Oxygen TMDLs for the Indian River Lagoon and Banana River Lagoon, 1
(2009), available at https://floridadep.gov/sites/default/files/indian-banana-nutrient-do-tmdl.pdf.
103
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon, 45 (2021), available at
https://floridadep.gov/sites/default/files/central-irl-bmap.pdf; An estuary is a partially enclosed, coastal waterbody where
freshwater from rivers and streams mixes with saltwater from the ocean. Estuaries are among the most productive ecosystems
on earth, home to unique plant and animal communities that have adapted to brackish water: freshwater mixed with saltwater.
U.S. EPA, What Is An Estuary?, https://www.epa.gov/nep/basic-information-about-estuaries (last visited Mar. 10, 2023);
NOAA, What Is An Estuary?, https://oceanservice.noaa.gov/facts/estuary.html (last visited Mar. 10, 2023).
104
Indian River Lagoon Species Inventory, Biodiversity,
https://www.irlspecies.org/misc/Total_Biodiv.php#:~:text=Home%20to%20over%204%2C200%20species%20of%20plants
%2C%20birds%2C,species%20of%20fish%20and%20370%20species%20of%20birds (last visited Mar. 10, 2023). BILL: SB 1632 Page 16
related activity.
105
Industry groups that are directly influenced by the IRL support nearly 72,000
jobs.
106
The IRL ecosystem has been harmed by human activities in
the region. Stormwater runoff from urban and agricultural
areas, discharges from wastewater treatment facilities, canal
discharges, septic systems, animal waste, and fertilizer
applications have led to harmful levels of nutrients and
sediments entering the lagoon.
107
These pollutants create
cloudy conditions, feed algal blooms, and lead to muck
accumulation, all of which negatively impact the seagrass
that provides habitat for much of the IRL’s marine life.
108
During the 2011 “Superbloom,” intense algal blooms of
phytoplankton occurred throughout most of the IRL, lasting
for seven months and resulting in massive losses of seagrass
that has yet to fully recover.
109
There have also been
recurring brown tides; unusual mortalities of dolphins,
manatees, and shorebirds; and large fish kills due to low
dissolved oxygen from decomposing algae.
110
Brown tide is
a type of algal bloom dominated by a brown, microscopic
marine algae, which can be harmful to ecosystems in high
concentrations, and was first documented in state waters in
2012.
111
The St. Lucie Estuary is a major tributary to the
southern IRL, so freshwater discharges from Lake
Okeechobee, which can include toxic cyanobacteria (“blue-
green algae”), also impact the IRL.
112
105
East Central Florida Regional Planning Council and Treasure Coast Regional Planning Council, Indian River Lagoon
Economic Valuation Update, vi, ix (Aug. 26, 2016), available at
https://files.tcrpc.org/portfolio%20of%20work/Economic%20Development/IRL%20Valuation/FinalReportIRL08_26_2016.p
df.
106
Id. at ix.
107
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi; Marine Resources
Council, Indian River Lagoon Health Update, 4-7 (2018), available at https://savetheirl.org/wp-content/uploads/mrc-report-
card-2018-min.pdf.
108
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
109
IRL 2011 Consortium, Indian River Lagoon 2011 Superbloom - Plan of Investigation, 2-3 (2012), available at
https://www.sjrwmd.com/static/waterways/irl-technical//2011superbloom_investigationplan_June_2012.pdf; Marine
Resources Council, Indian River Lagoon Coastal Community Report Card, 2,4 (2022), available at https://savetheirl.org/wp-
content/uploads/IRLReportCard2022-opt.pdf.
110
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
111
SJRWMD, Renewing the Lagoon - Frequently Asked Questions, https://www.sjrwmd.com/waterways/renew-lagoon/#faq-
01 (last visited Mar. 13, 2023); FWC, Effects of Brown Tide in the Indian River Lagoon (2012),
https://myfwc.com/research/redtide/monitoring/historical-events/brown-tide/ (last visited Mar. 13, 2023).
112
DEP, Basin Management Action Plan, St. Lucie River and Estuary Basin, 15 (2020), available at
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/St_Lucie_BMAP_01-31-20.pdf ; DEP,
Basin Management Action Plan, Lake Okeechobee, 14 (2020), available at
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/Lake%20Okeechobee%20BMAP_01-31-
20.pdf. BILL: SB 1632 Page 17
The St. Johns River Water Management District, South Florida Water Management District, and
local governments implement projects that address water quality issues in the IRL.
113
Brevard
County established the Save Our Indian River Lagoon Project Plan, which outlines local projects
to meet water quality targets and improve the health, productivity, aesthetic appeal, and
economic value of the IRL.
114
In 2016, Brevard County passed a referendum, approved by 62.4
percent of voters, to authorize the issuance of a half-cent infrastructure sales tax to pay for a
portion of the plan.
115
The sales tax will generate an estimated $542 million over ten years.
116
OSTDSs account for much of the nitrogen enrichment in groundwater in the IRL watersheds
because the six counties adjacent to the IRL rely heavily on OSTDS for wastewater
management.
117
As of 2021, there were approximately 300,000 permitted OSTDSs within the
IRL watershed.
118
Indian River and Martin counties used OSTDSs for over 50 percent of their
wastewater management, and there were approximately 31,000 septic systems in each county.
119
As of 2019, Brevard County, which borders nearly half of the IRL, had an estimated 53,204
OSTDSs and contributed approximately 17,863 pounds per year of total nitrogen from failing
OSTDSs.
120
IRL National Estuary Program
Established in 1991, the IRL National Estuary Program is part of a national network of 28
estuary programs established under the federal Clean Water Act and administered nationally by
the U.S. Environmental Protection Agency (EPA).
121
The program was established to assist with
the development a comprehensive plan to restore and protect the IRL.
122
Today, the program is sponsored by the IRL Council, which was established in February 2015 as
a special district of Florida.
123
The IRL Council includes representatives of five counties
bordering the lagoon (Volusia, Brevard, the Indian River County Lagoon Coalition, St. Lucie
and Martin counties), the St. Johns River and South Florida Water Management Districts, and
113
SJRWMD, The Indian River Lagoon, https://www.sjrwmd.com/waterways/indian-river-lagoon/ (last visited Mar. 13,
2023); SFWMD, Celebrating the Indian River Lagoon-South C-23/24 Stormwater Treatment Area Groundbreaking,
https://www.sfwmd.gov/news-events/news/celebrating-indian-river-lagoon-south-c-2324-stormwater-treatment-area (last
visited Feb. 15, 2023).
114
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
115
Brevard County Supervisor of Elections, 2016 General Election Official Results,
https://enr.electionsfl.org/BRE/1616/Summary/ (last visited Mar. 13, 2023); Brevard County, Save our Indian River Lagoon
Project Plan, https://www.brevardfl.gov/SaveOurLagoon/ProjectPlan (last visited Mar. 13, 2023).
116
Id.
117
L.W. Herren, et al., Septic systems drive nutrient enrichment of groundwaters and eutrophication in the urbanized Indian
River Lagoon, Florida, Marine Pollution Bulletin, 2 (2021), available at
https://reader.elsevier.com/reader/sd/pii/S0025326X21009620?token=1384E4307B3A786FC65C7DD3270D91440566F5E27
93CAE8F859A2139CF19FE68102D54027EEFF164F8492399C7F65B49&originRegion=us-east-
1&originCreation=20230217141616.
118
Id.
119
Id.
120
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at 22-23.
121
One Lagoon, The Indian River Lagoon NEP, https://onelagoon.org/irlnep/ (last visited Mar. 12, 2023); IRL National
Estuary Program, Second Amended and Restated IRL National Estuary Program Interlocal Agreement, 1 (2017), available at
a https://onelagoon.org/wp-content/uploads/2017-2ndAmendedInterlocal__20200201.pdf.
122
Id.
123
One Lagoon, The Indian River Lagoon NEP. BILL: SB 1632 Page 18
DEP. The council’s goals include (1) attaining and maintaining water and sediment of sufficient
quality to support a healthy estuarine lagoon ecosystem; (2) attaining and maintaining a
functioning, healthy ecosystem which supports endangered and threatened species, fisheries,
commerce, and recreation; (3) promoting public awareness and coordinated interagency
management of the IRL ecosystem; and (4) developing long-term funding sources for prioritized
projects to preserve, protect, restore, and enhance the IRL.
124
EPA provides guidance to the
council and, every five years, evaluates the program’s progress.
125
The IRL National Estuary Program identifies and implements projects to improve wastewater
infrastructure, reduce reliance on conventional septic systems, retain and treat stormwater,
rehabilitate habitats, and enhance planning for resilient communities.
126
A list of eligible projects
is evaluated and revised annually by the program’s Management Conference.
127
The program
also developed strategies to, among other things,:
Remove or reduce nutrient-loading to the IRL watershed to meet water quality standards
pursuant to a TMDL, BMAP, or RAP;
128
Improve wastewater infrastructure to achieve advanced wastewater treatment and to increase
capacity to accommodate septic-to-sewer conversions and the region’s growing
population;
129
and
Research innovative technologies and emergence of commercial opportunities that will assist
with restoration and stewardship of the IRL.
130
Land Acquisition Trust Fund
In 2014, Florida voters approved Amendment One, a constitutional amendment to provide a
dedicated funding source for land and water conservation and restoration.
131
The amendment
required that starting on July 1, 2015, and for 20 years thereafter, 33 percent of net revenues
derived from documentary stamp taxes
132
be deposited into the Land Acquisition Trust
Fund (LATF).
133
Article X, s. 28 of the State Constitution requires that funds in the LATF be
expended only for the following purposes:
124
IRL Program, Looking Ahead to 2030: A 10-Year Comprehensive Conservation and Management Plan for the IRL,
Florida, 12 (2019), available at https://onelagoon.org/wp-content/uploads/IRLNEP_Final-Draft-CCMP-REVISION_2018-
12-07_LowRes__20200204.pdf.
125
Id. at 13.
126
IRL Program, Looking Ahead to 2030: A 10-Year Comprehensive Conservation and Management Plan for the IRL,
Florida at ix.
127
Id. The IRL National Estuary Program’s Management Conference represents a more than 100-member citizen and
scientist oversight committee that advises the IRL Council Board of Directors as they adopt policies and make annual budget
and appropriation decisions to implement the comprehensive plan. Id. at 7.
128
Id. at 20-21.
129
Id. at 24, 26-27.
130
Id. at 140.
131
Florida Senate, Water and Land Conservation, https://www.flsenate.gov/media/topics/WLC (last visited Mar. 13, 2023).
132
Documentary stamp tax revenues are collected under ch. 201, F.S., which requires an excise tax to be levied on two
classes of documents: deeds and other documents related to real property, which are taxed at the rate of 70 cents per $100;
and certificates of indebtedness, promissory notes, wage assignments, and retail charge account agreements, which are taxed
at 35 cents per $100. See ss. 201.02(1)(a) and 201.08(1)(a), F.S.
133
Id. BILL: SB 1632 Page 19
As provided by law, to finance or refinance: the acquisition and
improvement of land, water areas, and related property interests, including
conservation easements, and resources for conservation lands including
wetlands, forests, and fish and wildlife habitat; wildlife management areas;
lands that protect water resources and drinking water sources, including
lands protecting the water quality and quantity of rivers, lakes, streams,
springsheds, and lands providing recharge for groundwater and aquifer
systems; lands in the Everglades Agricultural Area and the Everglades
Protection Area, as defined in Article II, Section 7(b); beaches and shores;
outdoor recreation lands, including recreational trails, parks, and urban open
space; rural landscapes; working farms and ranches; historic or geologic
sites; together with management, restoration of natural systems, and the
enhancement of public access or recreational enjoyment of conservation
lands.
134
To implement Art. X, s. 28 of the State Constitution, the Legislature passed Chapter 2015-229,
Laws of Florida. This act, in part, amended the following sections of law:
Section 201.15, F.S., to conform to the constitutional requirement that the LATF receive at
least 33 percent of net revenues derived from documentary stamp taxes; and
Section 375.041, F.S., to designate the LATF within DEP as the trust fund to serve as the
constitutionally mandated depository for the percentage of documentary stamp tax
revenues.
135
Under s. 375.041, F.S., funds deposited into the LATF must be distributed in the following order
and amounts:
First, obligations relating to debt service, specifically, payments relating to debt service on
Florida Forever Bonds and Everglades restoration bonds.
Then, unless superseded by the General Appropriations Act, before funds are authorized to
be appropriated for other uses:
o A minimum of the lesser of 25 percent of the funds remaining after the payment of debt
service or $200 million annually for Everglades projects that implement the
Comprehensive Everglades Restoration Plan (CERP), the Long-Term Plan, or the
Northern Everglades and Estuaries Protection Program (NEEPP), with priority given to
Everglades restoration projects that reduce harmful discharges of water from Lake
Okeechobee to the St. Lucie or Caloosahatchee estuaries in a timely manner. From these
funds, the following specified distributions are required:
$32 million annually through the 2023-2024 fiscal year for the Long-Term Plan;
After deducting the $32 million, the minimum of the lesser of 76.5 percent of the
remainder or $100 million annually through the 2025-2026 fiscal year for the CERP;
and
Any remaining funds for Everglades projects under the CERP, the Long-Term Plan,
or the NEEPP.
134
FLA. CONST. art. X, s. 28(b)(1).
135
Ch. 2015-229, ss. 9 and 50, Laws of Fla. BILL: SB 1632 Page 20
o A minimum of the lesser of 7.6 percent of the funds remaining after the payment of debt
service or $50 million annually for spring restoration, protection, and management
projects;
o $5 million annually through the 2025-2026 fiscal year to the St. Johns River Water
Management District for projects dedicated to the restoration of Lake Apopka;
o $64 million to the Everglades Trust Fund in the 2018-2019 fiscal year and each fiscal
year thereafter, for the Everglades Agricultural Area reservoir project, and any funds
remaining in any fiscal year shall be made available only for Phase II of the C-51
Reservoir Project or projects that implement the CERP, the Long Term Plan, or the
NEEPP; and
o $50 million annually to the South Florida Water Management District for the Lake
Okeechobee Watershed Restoration Project.
Then, any remaining moneys are authorized to be appropriated for the purposes set forth in
Art. X, s. 28 of the State Constitution.
136
During the 2022 session, the Legislature added language that specifies that the purposes set forth
in s. 375.041(3)(a)3., F.S., relating to Lake Apopka, would instead be appropriated as provided
in the General Appropriations Act.
137
In March 2023, the General Revenue Estimating
Conference estimated that for fiscal year 2022-2023 a total of $3.63 billion would be collected in
documentary stamp taxes.
138
Thirty-three percent of the net revenues collected, or approximately
$1.2 billion, must be deposited into the LATF in accordance with Art. X, s. 28 of the State
Constitution. Of that amount, $124 million is committed to debt service, leaving $1.07 billion to
be distributed for the uses specified by s. 375.041, F.S., and other purposes in accordance with
the General Appropriations Act.
139
LATF Litigation
In 2015, two lawsuits were filed challenging the constitutionality of appropriations from the
LATF and expenditures by state agencies.
140
The cases were consolidated and a hearing was held
in June of 2018.
141
The plaintiffs argued that funds from the LATF were appropriated and
expended for general state expenses in ways that were inconsistent with the State Constitution.
The circuit court held for the plaintiffs, stating the amendment requires the funds be used for
acquiring conservation lands, and for improving, managing, restoring, and enhancing public
access to conservation lands acquired after the effective date of the amendment.
142
The decision
described how the LATF funds may be used, and ruled that numerous appropriations from 2015
and 2016 were unconstitutional.
143
136
Section 375.041(3)-(4), F.S.
137
Chapter 2022-157, Laws of Fla.
138
EDR, Documentary Stamp Tax: Executive Summary (2023), available at
http://edr.state.fl.us/Content/conferences/docstamp/docstampexecsummary.pdf (last visited Mar. 13, 2023).
139
Id.
140
Fla. Wildlife Fed’n v. Negron, No. 2015-CA-001423 (Fla. 2d Cir. 2015); Fla. Defenders of the Env’t, Inc., v. Detzner, No.
2015-CA-002682 (Fla. 2d Cir. 2015).
141
Fla. Wildlife Fed’n v. Negron, Nos. 2015-CA-001423, 2015-CA-002682 (Fla. 2d Cir. 2018).
142
Id. at 3.
143
Id. at 7–8. BILL: SB 1632 Page 21
On appeal, the First District Court of Appeal overturned the circuit court ruling, holding that the
LATF funds are not restricted to use on land purchased by the state after the constitutional
amendment took effect in 2015.
144
The court held that the plain language in the Constitution
authorizing the use of funds for management, restoration, and enhancement activities would
specifically authorize use of the funds on activities beyond land acquisition.
145
The case was then
remanded to the circuit court to rule on the legality of appropriations made since the enactment
of the constitutional amendment.
146
The circuit court dismissed the lawsuit on January 3, 2022, finding that it was moot because the
money approved by the Legislature in 2015 had already been spent.
147
On July 20, 2022, the
Florida Wildlife Federation filed a motion to reopen the case.
148
The case is now on appeal in the
First District Court of Appeal.
149
Board of Trustees of the Internal Improvement Trust Fund
The Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) holds state
lands in trust for the use and benefit of the people of the state pursuant to Art. II, s. 7 and Art. X,
s. 11 of the State Constitution. The Governor, the Chief Financial Officer, the Attorney General,
and the Commissioner of Agriculture constitute the trustees of the internal improvement trust
fund.
150
DEP performs all staff duties and functions related to the acquisition, administration, and
disposition of state lands, title to which is or will be vested in the Board of Trustees.
151
Section 253.025, F.S., outlines the procedures the state must follow when acquiring lands. Prior
to the acquisition of land, a state agency is required to coordinate with the Division of State
Lands (DSL) within the DEP to determine the availability of existing, suitable state-owned lands
in the area and the public purpose for which the acquisition is being proposed.
152
Additionally,
each parcel of land that is to be acquired must have at least one appraisal.
153
If the cost of land
exceeds $1,000,000 then two appraisals are required. If a parcel is estimated to be worth
$100,000 or less and the director of the DSL finds that the cost of an outside appraisal is not
justified, a comparable sales analysis, an appraisal prepared by the DSL, or other reasonably
prudent procedures may be used by the DSL to estimate the value of the parcel, provided the
public’s interest is reasonably protected.
154
The maximum amount that the state may pay for a
parcel to be acquired is the value indicated in a single approved appraisal if only one appraisal is
required.
155
If two appraisals are required and their values do not differ significantly the
maximum amount that may be paid is the higher value indicated.
156
144
Oliva v. Fla. Wildlife Fed’n, 281 So. 3d 531, 539 (Fla. 1st DCA 2019).
145
Id. at 537.
146
Id. at 539.
147
Fla Wildlife Fed’n v. Negron, Nos. 2015-CA-001423, 2015-CA-002682 (Fla. 2d Cir. 2022), available at
https://www.politico.com/states/f/?id=0000017e-21d8-d3d7-a37f-afdee5cb0000&source=email (last visited Mar. 13, 2023).
148
DEP, Fla. Enviro. Cases August, 1 (Aug. 2022) (on file with the Senate Committee on Environment and Natural
Resources).
149
Fla. Wildlife Fed’n v. Fla. Legislature, No. 1D22-3142 (Fla. 1st DCA 2022).
150
FLA. CONST. Art. IV s. 4.
151
Section 253.002, F.S.
152
Section 253.025(2), F.S.
153
Section 253.025(8), F.S. Appraisals are not required for lands donated to the state.
154
Id.
155
Fla. Admin. Code R. 18-1.006.
156
Id. BILL: SB 1632 Page 22
The Board of Trustees, by an affirmative vote of at least three members, may direct the DEP to
purchase lands on an immediate basis using up to 15 percent of Florida Forever funds allocated
to the DEP for the acquisition of lands that:
Are listed or placed at auction by the Federal Government as part of the Resolution Trust
Corporation sale of lands from failed savings and loan associations;
Are listed or placed at auction by the Federal Government as part of the Federal Deposit
Insurance Corporation sale of lands from failed banks;
Will be developed or otherwise lost to potential public ownership, or for which federal
matching funds will be lost, by the time the land can be purchased under the program within
which the land is listed for acquisition; or
Will prevent or satisfy private property rights claims resulting from limitations imposed by
the designation of an area of critical state concern pursuant to Chapter 380, F.S.
157
For such acquisitions, the Board of Trustees may waive or modify all land acquisition procedures
and all competitive bid procedures.
158
Additionally, lands acquired must, at the time of purchase,
be on one of the acquisition lists established pursuant to Chapter 259, F.S., or be essential for
water resource development, protection, or restoration, or a significant portion of the lands must
contain natural communities or plant or animal species that are listed by the Florida Natural
Areas Inventory as critically imperiled, imperiled, or rare, or as excellent quality occurrences of
natural communities.
159
The Board of Trustees may expend moneys appropriated by the Legislature to acquire the fee or
any lesser interest in lands for the following public purposes:
To conserve and protect environmentally unique and irreplaceable lands that contain native,
relatively unaltered flora and fauna;
To conserve and protect lands within designated areas of critical state concern;
To conserve and protect native species habitat or endangered or threatened species;
To conserve, protect, manage, or restore important ecosystems, landscapes, and forests, if the
protection and conservation of such lands is necessary to enhance or protect significant
surface water, groundwater, coastal, recreational, timber, or fish or wildlife resources;
To promote water resource development that benefits natural systems and citizens of the
state;
To facilitate the restoration and subsequent health and vitality of the Florida Everglades;
To provide areas, including recreational trails, for natural resource-based recreation and other
outdoor recreation on any part of any site compatible with conservation purposes;
To preserve significant archaeological or historic sites;
To conserve urban open spaces suitable for greenways or outdoor recreation which are
compatible with conservation purposes; or
To preserve agricultural lands under threat of conversion to development through less-than-
fee acquisitions.
160
157
Section 253.025(22), F.S.
158
Section 253.025(24), F.S.
159
Section 253.025(22), F.S.
160
Section 259.032, F.S. BILL: SB 1632 Page 23
Florida Forever
As a successor to Preservation 2000, the Legislature created the Florida Forever program in 1999
as the blueprint for conserving Florida’s natural resources.
161
The Florida Forever Act reinforced
the state’s commitment to conserve its natural and cultural heritage, provide urban open space,
and better manage the land acquired by the state.
162
Florida Forever encompasses a wide range of
goals including: land acquisition; environmental restoration; water resource development and
supply; increased public access; public lands management and maintenance; and increased
protection of land through the purchase of conservation easements.
163
The state has acquired
more than 2.6 million acres since 1991 under the Preservation 2000 and the Florida Forever
programs.
164
The Acquisition and Restoration Council (ARC) is a 10-member body
165
that makes
recommendations on the acquisition, management, and disposal of state-owned lands.
166
ARC
accepts applications from state agencies, local governments, nonprofit and for-profit
organizations, private land trusts, and individuals for project proposals eligible for Florida
Forever funding.
167
In evaluating each application, ARC has statutory direction regarding how to
prioritize purchases.
168
ARC evaluates and selects projects twice per year, in June and December, and ranks the projects
annually.
169
Each project on the priority list is placed in one of the following categories of
expenditure for land conservation projects: climate change; critical natural lands; less-than-fee;
partnerships or regional incentives; or substantially complete (greater than 85 percent
complete).
170
Projects are ranked within each category from highest to lowest priority.
171
161
Chapter 99-247, Laws of Fla.
162
DEP, 2021 Florida Forever Five Year Plan, 9, available at
https://floridadep.gov/sites/default/files/FLDEP_DSL_OES_FF_2021Abstract_2.pdf (last visited Mar. 15, 2023).
163
Section 259.105, F.S.
164
DEP, Florida Forever, https://floridadep.gov/floridaforever (last visited Mar. 15, 2023).
165
Section 259.035(1), F.S. Four of ARC’s 10 members are appointed by the Governor, three from scientific disciplines
related to land, water, or environmental sciences and one with least five years of experience in managing lands for both active
and passive types of recreation. Four of the members are the Secretary of Environmental Protection, the director of the
Florida Forest Service of the Department of Agriculture and Consumer Services, the executive director of the Fish and
Wildlife Conservation Commission, and the director of the Division of Historical Resources of the Department of State, or
their respective designees. One member is appointed by the Commissioner of Agriculture from a discipline related to
agriculture, including silviculture, and one member is appointed by the Fish and Wildlife Conservation Commission from a
discipline related to wildlife management or wildlife ecology. Id.
166
DEP, Florida Forever Five Year Plan, 49 (2019), available at
http://publicfiles.dep.state.fl.us/DSL/FFWeb/Current%20Florida%20Forever%20Five-Year%20Plan.pdf.
167
DEP, Florida Forever Frequently Asked Questions, https://floridadep.gov/lands/environmental-services/content/florida-
forever-frequently-asked-questions (last visited Mar. 15, 2023).
168
DEP, Acquisition and Restoration Council, https://floridadep.gov/lands/environmental-services/content/acquisition-and-
restoration-council-arc (last visited Mar. 15, 2023).
169
DEP, Florida Forever Frequently Asked Questions, https://floridadep.gov/lands/environmental-services/content/florida-
forever-frequently-asked-questions (last visited Mar. 15, 2023); DEP, Acquisition and Restoration Council,
https://floridadep.gov/lands/environmental-services/content/acquisition-and-restoration-council-arc (last visited Mar. 15,
2023).
170
Section 259.105(17), F.S.
171
Id. BILL: SB 1632 Page 24
Florida Wildlife Corridor
The 2021 Legislature created the Florida Wildlife Corridor Act to create incentives for
conservation and sustainable development while sustaining and conserving green infrastructure
that acts as the foundation of the state’s economy and quality of life.
172
The Legislature
appropriated $300 million
173
and directed DEP to encourage and promote investments in areas
that protect and enhance the Wildlife Corridor by establishing a network of connected wildlife
habitats required for the long-term survival of and genetic exchange amongst regional wildlife
populations which serves to prevent fragmentation by providing ecological connectivity of the
lands needed to furnish adequate habitats and allow safe movement and dispersal.
174
The Florida Wildlife Corridor is statutorily defined as “the conserved lands”
175
and “opportunity
areas”
176
defined by the DEP as priority one, two, and three categories of the Florida Ecological
Greenways Network (FEGN).
177
The FEGN is the primary data layer used to inform the Florida
Forever program and other state, federal, and regional land acquisition programs regarding the
most important ecological corridors and intact landscapes across the state for protection of
Florida’s native wildlife, ecosystem services, and ecological resiliency.
178
The priority-category
lands are the most important for protecting an ecologically functional connected statewide
network of public and private conservation lands.
179
The Board of Trustees are authorized to spend appropriated funds to acquire the fee or less than-
fee interest in lands for a variety of conservation and recreational purposes.
180
Among the
authorized uses of the funds is the provision of recreational trails for natural resource-based
recreation and other outdoor recreation on any part of any site compatible with conservation
purposes.
181
172
Section 259.1055(3), F.S.
173
Chapter 2021-37, s. 152, Laws of Fla.
174
Section 259.1055(4)(g), F.S.
175
Defined in s. 259.1055(4)(a), F.S., to mean federal, state, or local lands owned or managed for conservation purposes,
including, but not limited to, federal, state, and local parks; federal and state forests; wildlife management areas; wildlife
refuges; military bases and airports with conservation lands; properties owned by land trust and managed for conservation;
and privately owned land with a conservation easement, including, but not limited to, ranches, forestry operations, and
groves.
176
“Opportunity area” means those lands and waters within the Florida wildlife corridor which are not conserved lands and
the green spaces within the Florida wildlife corridor which lack conservation status, are contiguous to or between conserved
lands, and provide an opportunity to develop the Florida wildlife corridor into a statewide conservation network. Section
259.1055(4)(e).
177
Section 259.1055(4)(d), F.S. For a 2021 layered map reflecting the Wildlife Corridor, Florida Forever Projects and
Acquisitions, and FEGN Priority Levels 1-3, see the FDEP’s map available at
https://floridadep.gov/sites/default/files/Florida%20Forever%20and%20Florida%20Ecological%20Greenways%20Network
%20Map_0.pdf (last visited Mar. 15, 2023).
178
DEP, Florida Wildlife Corridor, 1 (2022), available at
https://floridadep.gov/sites/default/files/Florida_Wildlife_Corridor.pdf.
179
Florida Natural Areas Inventory (FNAI), Florida Natural Areas Inventory Geospatial Open Data, Summary, available at
https://geodata.fnai.org/datasets/cosspp::fegn2021/about (last visited Mar. 15, 2023). The FNAI provides scientific support to
the FDEP. Section 259.1055(4)(c), F.S., defines the FEGN as a periodically updated model developed to delineate large
connected areas of statewide ecological significance.
180
Section 259.032(2), F.S.
181
Section 259.032(2)(g), F.S. BILL: SB 1632 Page 25
The existing Wildlife Corridor encompasses nearly 17.7 million acres. Of this, 9.6 million acres
(54 percent) are already protected and 8.1 million acres (46 percent) of remaining opportunity
areas that do not have conservation status.
182
Executive Order 23-06
Executive Order 23-06 (the Order) includes several directives regarding environmental
protection.
183
The Order directs DEP to strengthen BMAPs for nutrient-impaired waterbodies by:
Updating all BMAPs to include the specific projects necessary to meet the requisite water
quality standards to achieve restoration goals. The projects most likely to yield maximum
pollutant reductions should be prioritized;
Requiring local governments to identify and expedite high priority projects to meet the
nutrient load allocations required under a BMAP; and
Working with DACS to identify and seek funding for regional projects that address excess
nutrient impacts from agricultural nonpoint sources in BMAP areas where agriculture has
been identified as a significant source of nutrient pollution.
184
The Order also directs DEP to identify and prioritize strategies and projects to expedite water
quality restoration in the IRL by:
Working with the Legislature to establish the IRL Protection Program and secure at least
$100 million annually for priority projects to improve water quality in the IRL;
Coordinating with stakeholders, including federal agencies, local governments, water
management districts, and the IRL Estuary Program, to identify and prioritize projects for
water quality restoration;
Undertaking enhanced water quality monitoring in the IRL to better identify sources of
nutrient loading to inform project prioritization and improve water quality in the IRL;
Taking actions to reduce nutrient contributions to the IRL from septic tanks and wastewater
facilities, stormwater discharges, and agriculture nonpoint sources; and
Supporting innovative nature-based solutions including living shorelines, freshwater and
coastal wetland restoration, and seagrass recovery utilizing strategic propagation and planting
efforts.
185
The Order also directs DEP to:
Continue to seek consistent and meaningful annual funding for the Florida Forever Program;
and
Take all necessary steps to expedite the state’s land conservation efforts, including a strategic
focus on acquisitions within the Wildlife Corridor and acquisitions that benefit vulnerable
ecosystems, water quality, and resilience.
186
182
Florida Wildlife Corridor Foundation, About the Corridor, https://floridawildlifecorridor.org/about/about-the-corridor/
(last visited Mar. 15, 2023).
183
Office of the Governor, Executive Order 23-06 (2023), available at https://www.flgov.com/wp-
content/uploads/2023/01/EO-23-06.pdf.
184
Id. at 5-6.
185
Id. at 6-7.
186
Id. at 8-9. BILL: SB 1632 Page 26
III. Effect of Proposed Changes:
Section 1 amends s. 163.3177, F.S., regarding required and optional elements of a local
government’s comprehensive plan. The bill provides that:
A local government’s comprehensive plan must include, where applicable, a list of projects
necessary to achieve the pollutant load reductions attributable to the local government
pursuant to a basin management action plan (BMAP);
The comprehensive plan’s sanitary sewer, solid waste, drainage, potable water, and natural
groundwater aquifer recharge element must address coordinating the upgrade in treatment of
facilities to meet future needs. The element must also prioritize advanced waste treatment.
The bill also provides that, within the local government’s jurisdiction, for any development of
more than 50 residential lots, built or unbuilt, with more than one onsite sewage treatment and
disposal system (OSTDS) per acre, the element must include a plan to provide sanitary sewer
services within a 10-year planning horizon. An OSTDS is presumed to exist on a parcel if
sanitary sewer services are not available at or adjacent to the parcel boundary. For such
developments, the plan must identify:
The name and location of the intended wastewater facility to receive sanitary sewer flows
after connection;
The capacity of the facility and any associated transmission facilities;
The projected wastewater flow at that facility for the next 20 years, inclusive of expected
future new construction and connections of OSTDSs to sanitary sewer; and
A timeline for the construction of the sanitary sewer system.
Each comprehensive plan must be updated to include this element by July 1, 2024. This
requirement does not apply to a local government designated as a rural area of opportunity.
187
Section 2 amends s. 253.025, F.S., regarding the acquisition of state lands. The bill:
Raises the property value threshold for when two appraisals of a parcel is required from $1
million to $5 million;
Raises the contract price threshold for when the Board of Trustees of the Internal
Improvement Trust Fund must approve an agreement to acquire real property from $1
million to $5 million; and
Removes the requirement that the Board of Trustees of the Internal Improvement Trust Fund
approve an acquisition if it is an initial purchase in a Florida Forever project.
Section 3 amends s. 259.032, F.S., regarding conservation and recreation lands, to provide that
Board of Trustees of the Internal Improvement Trust Fund may expend moneys to acquire land
to complete critical linkages within the Florida Wildlife Corridor. The bill also removes the
requirement that the Board of Trustees of the Internal Improvement Trust Fund’s designation of
an agency to manage these lands be concurrent with the approval of a contract for the initial
purchase in a Florida Forever Project.
187
“Rural area of opportunity” means a rural community, or a region composed of rural communities, designated by the
Governor, which has been adversely affected by an extraordinary economic event, severe or chronic distress, or a natural
disaster or that presents a unique economic development opportunity of regional impact. Section 288.0656(2)(d), F.S. BILL: SB 1632 Page 27
Section 4 creates s. 373.469, F.S., to establish the Indian River Lagoon (IRL) Protection
Program. The bill contains several legislative findings, including:
The IRL is a critical water resource of this state which provides many economic, natural
habitat, and biodiversity functions that benefit the public interest, including fishing,
navigation, recreation, and habitat to endangered and threatened species and other flora and
fauna;
Among other causes, land use changes, OSTDSs, aging infrastructure, stormwater runoff,
agriculture, and residential fertilizer have resulted in excess nutrients entering the IRL and
adversely impacting the lagoon’s water quality;
Improvement to the hydrology, water quality, and associated aquatic habitats within the IRL
is essential to the protection of the resource;
It is imperative for the state, local governments, and agricultural and environmental
communities to commit to restoring and protecting the surface water resources of the IRL,
and a holistic approach to address these issues must be developed and implemented
immediately;
The expeditious implementation of the Banana River Lagoon BMAP, Central Indian River
Lagoon BMAP, North Indian River Lagoon BMAP, and Mosquito Lagoon Reasonable
Assurance Plan (RAP) are necessary to improve the quality of water in the IRL ecosystem
and to provide a reasonable means of achieving the total maximum daily load requirements
and achieving and maintaining compliance with state water quality standards; and
The implementation of the programs contained in this section will benefit the public health,
safety, and welfare and is in the public interest.
The bill provides legislative intent that this state to protect and restore surface water resources
and achieve and maintain compliance with water quality standards in the IRL through the
phased, comprehensive, and innovative protection program, including long-term solutions based
upon the total maximum daily loads (TMDLs) established in accordance with state law. The bill
defines TMDL as the sum of the individual wasteload allocations for point sources and the load
allocations for nonpoint sources and natural background adopted pursuant to s. 403.067, F.S.,
which provides requirements for the establishment and implementation of TMDLs. Before
determining individual wasteload allocations and load allocations, the maximum amount of a
pollutant that a water body or water segment can assimilate from all sources without exceeding
water quality standards must first be calculated.
The bill also provides that the IRL Protection Program is watershed-based, provides for the
consideration of all water quality issues needed to meet the TMDL, and includes research and
monitoring, development and implementation of best management practices (BMPs), refinement
of existing regulations, and structural and nonstructural projects, including public works. The bill
defines BMP as a practice or combination of practices determined by the coordinating agencies,
based on research, field-testing, and expert review, to be the most effective and practicable on-
location means, including economic and technological considerations, for improving water
quality in agricultural and urban discharges. The bill provides that BMPs for agricultural
discharges must reflect a balance between water quality improvements and agricultural
productivity.
The bill provides that the IRL Protection Program consists of the Banana River Lagoon BMAP,
Central Indian River Lagoon BMAP, North Indian River Lagoon BMAP, and Mosquito Lagoon BILL: SB 1632 Page 28
RAP, and such plans are the components of the IRL Protection Program which achieve
phosphorous and nitrogen load reductions for the IRL. The bill:
Requires DEP to conduct an evaluation every five years, update the applicable BMAPs and
RAP in the IRL Protection Program, and identify any further load reductions necessary to
achieve compliance with the relevant TMDLs;
Requires the IRL Protection Program to include five-year milestones for implementation and
water quality improvement, and a water quality monitoring component to evaluate whether
reasonable progress in pollutant load reductions is being achieved over time;
Requires DEP, in coordination with the St. Johns River Water Management District
(SJRWMD), South Florida Water Management District (SFWMD), the IRL Estuary
Program, and other stakeholders, to identify and prioritize strategies and projects necessary to
achieve water quality standards within the IRL watershed and meet applicable TMDLs.
Projects identified from this evaluation must be incorporated into the Banana River Lagoon
BMAP, Central Indian River Lagoon BMAP, North Indian River Lagoon BMAP, and
Mosquito Lagoon RAP, as appropriate; and
Requires DEP, in coordination with SJRWMD, SFWMD, and the IRL Estuary Program, to
implement an IRL Watershed Research and Water Quality Monitoring Program to establish a
comprehensive water quality monitoring network throughout the IRL and fund research
pertaining to water quality, ecosystem restoration, and seagrass impacts and restoration. DEP
must use the results from this program to inform project prioritization and to make
modifications to the pertinent BMAPs and RAP.
The bill prohibits new OSTDSs (unless previously permitted) within the IRL Protection Program
areas beginning January 1, 2024, where a central sewerage system is available. For new
developments where sewer is not available, only enhanced nutrient-reducing OSTDSs will be
authorized. The bill defines “enhanced nutrient-reducing” OSTDS as an OSTDS approved by
DEP as capable of meeting or exceeding a 50 percent total nitrogen reduction before disposal of
wastewater in the drainfield, or at least 65 percent total nitrogen reduction combined from onsite
sewage tank or tanks and drainfield.
The bill also requires any commercial or residential property with an existing OSTDS located
within the IRL Protection Program area to connect to central sewer or upgrade to an enhanced
nutrient-reducing OSTDS or other wastewater treatment system that achieves at least 50 percent
nutrient reduction compared to a standard OSTDS by July 1, 2030.
The bill provides that this section may not be construed to modify any existing state water
quality standard or law. The bill also provides that this section may not be construed to restrict
the authority otherwise granted to agencies pursuant to Chapter 373 of the Florida Statutes,
pertaining to water resources, and Chapter 403 of the Florida Statutes, pertaining to
environmental control, and this section is supplemental to the authority granted to agencies
pursuant to this these Chapters.
The bill also provides that DEP and governing boards of SJRWMD and SFWMD may adopt
rules to implement this section.
Section 5 amends s. 373.501, F.S., regarding appropriation of funds to water management
districts (WMDs). Currently, s. 373.501, F.S., authorizes DEP to allocate to WMDs funds BILL: SB 1632 Page 29
appropriated to DEP such sums as may be deemed necessary to defray the costs of the
administrative, regulatory, and other activities of the WMDs. This bill would require DEP to
transfer the funds appropriated to WMDs through DEP. The bill also provides that if such sums
are to defray the costs “other activities,” those activities must be operational in nature. The bill
also requires WMDs to annually report to DEP on the use of these funds.
Section 6 amends s. 373.802, F.S., which defines terms related to the Florida Springs and
Aquifer Protection Act. The bill provides that “enhanced nutrient-reducing onsite sewage
treatment and disposal system” means an OSTDS approved by DEP as capable of meeting or
exceeding a 50 percent total nitrogen reduction before disposal of wastewater in the drainfield, or
at least 65 percent total nitrogen reduction combined from onsite sewage tank or tanks and
drainfield.
Section 7 amends s. 373.807, F.S., regarding BMAPs that include an Outstanding Florida
Spring. For these BMAPs, the bill to expands the area for which an OSTDS remediation plan is
required from a “priority focus area” to an entire BMAP. State law provides that a “priority focus
area” is the area or areas of a basin where the Floridan Aquifer is generally most vulnerable to
pollutant inputs where there is a known connectivity between groundwater pathways and an
Outstanding Florida Spring.
188
Section 8 amends s. 373.811, F.S., regarding prohibited activities within a priority focus area.
The bill expands the area for which certain activities are prohibited from a “priority focus area”
to an entire BMAP. Currently, new OSTDSs are prohibited within a priority focus area on lots of
less than one acre, if the addition of the specific systems conflicts with an OSTDS remediation
plan incorporated into a BMAP. The bill replaces this prohibition with one on new OSTSs within
a BMAP where connection to a publicly owned or investor-owned sewerage system is available.
The bill also provides that, on lots of one acre or less, if a publicly owned or investor-owned
sewerage system is not available, only the installation of enhanced nutrient-reducing OSTDSs or
other wastewater treatment systems that achieve at least 50 percent nutrient reduction compared
to a standard OSTDS are authorized.
Section 9 amends s. 381.0065, F.S., regarding OSTDSs, to provide that “enhanced nutrient-
reducing onsite sewage treatment and disposal system” means an OSTDS approved by DEP as
capable of meeting or exceeding a 50 percent total nitrogen reduction before disposal of
wastewater in the drainfield, or at least 65 percent total nitrogen reduction combined from onsite
sewage tank or tanks and drainfield.
Section 10 amends s. 381.00655, F.S., regarding the connection of existing OSTDSs to a central
sewerage system. The bill provides that local governmental agencies
189
that receive grants or
loans from DEP to offset the cost of connecting OSTDSs to publicly owned or investor-owned
sewerage systems are encouraged to do all of the following while such funds remain available:
188
Section 373.802(5), F.S.
189
“Local governmental agencies” means any municipality, county, district, or authority, or any agency thereof, or a
combination of two or more of the foregoing, acting jointly in connection with a project having jurisdiction over collection,
transmission, treatment, or disposal of sewage, industrial wastes, stormwater, or other wastes and includes a district or
authority whose principal responsibility is to provide airport, industrial or research park, or port facilities to the public.
Section 403.1835(2)(c), F.S. BILL: SB 1632 Page 30
Identify the owners of OSTDSs within the jurisdiction of the respective local governmental
agency who are eligible to apply for grant or loan funds and notify such owners of the
funding availability; and
Maintain a publicly available website with information relating to the availability of grant or
loan funds, including the amount of funds available and information on how the owner of an
OSTDS may apply for such funds.
Section 11 amends s. 403.031, F.S., which defines terms related to environmental control, to
provide that “enhanced nutrient-reducing onsite sewage treatment and disposal system” means
an OSTDS approved by DEP as capable of meeting or exceeding a 50 percent total nitrogen
reduction before disposal of wastewater in the drainfield, or at least 65 percent total nitrogen
reduction combined from onsite sewage tank or tanks and drainfield.
The bill provides that “nutrient or nutrient-related standards” means water quality standards and
criteria established for nitrogen, phosphorous, chlorophyll-a, or dissolved oxygen when the
causative pollutant has been identified as nitrogen or phosphorous.
The bill provides that OSTDS means a system that contains a standard subsurface, filled, or
mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry
wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids or effluent
pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit privy that is
installed or proposed to be installed beyond the building sewer on land of the owner or on other
land to which the owner has the legal right to install a system. The term includes any item placed
within, or intended to be used as a part of or in conjunction with, the system. The term does not
include package sewage treatment facilities and other treatment works regulated under Chapter
403, F.S.
190
Section 12 amends s. 403.067, F.S., regarding the development of BMAPs. The bill:
Requires BMAPs to include 5-year milestones for implementation and water quality
improvement; and
Requires entities that have a specific pollutant load reduction requirement pursuant to a
BMAP to identify a list of projects that will be undertaken to meet the 5-year milestones,
beginning with the first 5-year milestone for new BMAPs. These projects must be submitted
to DEP for inclusion in the appropriate BMAP.
The bill prohibits the installation of new OSTDSs within a BMAP, RAP, or a pollution reduction
plan where connection to a publicly owned or investor-owned sewerage system is available.
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On lots of one acre or less within a BMAP, RAP, or a pollution reduction plan where a publicly
owned or investor-owned sewerage system is not available, the installation of enhanced nutrient-
reducing OSTDS or other wastewater treatment systems that achieve at least 50 percent nutrient
reduction compared to a standard OSTDS is required.
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This definition is consistent with how the term is already defined in Florida statutes. See sections 373.802(3),
381.0065(2)(l), and 489.551(3), F.S.
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“Available” means that the publicly owned or investor-owned sewerage system is capable of being connected to the
plumbing of an establishment or residence, is not under a DEP moratorium, and has adequate permitted capacity to accept the
sewage to be generated by the establishment or residence; and is within a specified distance from the property. Section
381.0065(2)(a), F.S. BILL: SB 1632 Page 31
Local governments subject to a BMAP or within the basin of a waterbody not attaining nutrient
or nutrient-related standards must provide to DEP an update on the status of the construction of
sanitary sewers to serve such areas.
Currently, a BMAP must include a cooperative agricultural regional water quality element only
if the following conditions are met: agricultural measures have been adopted by the Department
of Agriculture and Consumer Services (DACS) and have been implemented and the water body
remains impaired; agricultural nonpoint sources contribute to at least 20 percent of nonpoint
source nutrient discharges; and DEP determines that additional measures are necessary to
achieve the TMDL. The bill would remove the first condition and require BMAPs to include this
agricultural element where agricultural nonpoint sources contribute to at least 20 percent of
nonpoint source nutrient discharges or where DEP determines additional measures are necessary.
The bill also changes the types of projects that must be identified in the cooperative agricultural
regional water quality element. Currently, the element must include cost-effective and
technically and financially practical cooperative regional agricultural nutrient reduction projects
that can be implemented on private properties on a site-specific, cooperative basis.
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The bill
removes this requirement and provides that the element must include a list of regional nutrient
reduction projects submitted to DEP by DACS which will achieve the needed pollutant load
reductions established for agricultural nonpoint sources. The list of regional projects must
include a cost estimate of each project along with the estimated amount of nutrient reduction that
such project will achieve.
The bill authorizes DACS to submit a legislative budget request to fund a regional nutrient
reduction project. Currently, only DEP may submit such a request. The bill also provides that
these projects are eligible for funding under the water quality improvement grant program.
Section 13 amends s. 403.0673, F.S., regarding the wastewater grant program. The bill, which
changes the title to water quality improvement grant program, expands the existing grant
program to address wastewater, stormwater, and agricultural sources of nutrient loading to
surface water or groundwater. The purpose of the grant program is to fund projects that will
improve the quality of certain impaired waters. Under the existing grant program, eligible
projects must be within a BMAP, an alternative restoration plan, or a rural area of opportunity.
The bill provides that a RAP or an accepted alternative restoration and expands eligible projects
areas to include those with an established TMDL or a water body impaired for nutrient or
nutrient-related standards.
The bill also expands the types of projects that are eligible for funding under the grant program
to include projects:
To repair, upgrade, expand, or construct stormwater treatment facilities that result in
improvements to surface or groundwater water quality;
To repair, upgrade, expand, or construct domestic wastewater treatment facilities that result
in improvements to surface or groundwater water quality, including domestic wastewater
reuse and collection systems;
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Section 403.067(7)(e)2., F.S. BILL: SB 1632 Page 32
Identified in a BMAP, including those projects identified in a wastewater treatment plan,
OSTDS remediation plan, or cooperative agricultural regional water quality improvement
element; and
Identified in a local government’s comprehensive plan.
Projects to retrofit and upgrade OSTDSs to enhanced nutrient-reducing systems would still be
eligible for funding, but the bill requires that central sewage be unavailable. The grant program
would also continue to fund projects to connect OSTDSs to central sewer facilities.
In allocating funds, DEP is already required to consider the estimated reduction in nutrient load
per project, project readiness, and the overall environmental benefit and location of a project.
The bill amends these requirements by:
Removing the requirement that priority must be given to projects that subsidize the
connection of OSTDSs to wastewater treatment facilities; and
Requiring DEP to prioritize projects that:
o Have the maximum estimated reduction in nutrient load per project;
o Provide an overall environmental benefit, including any projected water savings
associated with reclaimed water; and
o Are in a location where reductions are most needed.
The bill also removes the requirement that each grant have a minimum 50 percent local match of
funds but provides that DEP must consider percent cost-share identified by an applicant (except
in for rural areas of opportunity) when prioritizing projects. The bill also requires DEP to
coordinate with local governments and stakeholders to identify the most effective and beneficial
water quality improvement projects.
The bill amends existing reporting requirements to require DEP to submit an annual report
regarding the projects funded pursuant to this section to the Governor and Legislature beginning
January 1, 2024.
Section 14 amends s. 403.086, F.S., which prohibits sewage disposal facilities from disposing of
any wastes into certain specified waters
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without providing advanced waste treatment approved
by DEP. The bill amends this provision by requiring sewage disposal facilities to provide
advanced waste treatment—or a more stringent treatment standard if DEP determines it is
necessary to achieve a TMDL or applicable water quality criteria—before discharging into the
waters already protected under this statute and waterbodies that are currently impaired for
nutrient or nutrient-related standards or that are subject to a nutrient or nutrient-BMAP or
adopted RAP. Wastewater facilities in these areas must meet advanced waste treatment standards
by January 1, 2033.
The bill also provides that, for any water body impaired for nutrient or nutrient-related standards
after July 1, 2023, or subject to a nutrient or nutrient-related BMAP or adopted RAP after July 1,
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Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay, Biscayne Bay, and, beginning July 1, 2025, Indian River
Lagoon, or into any river, stream, channel, canal, bay, bayou, sound, or other water tributary thereto. Section 403.086(1)(c),
F.S. BILL: SB 1632 Page 33
2023, sewage disposal facilities are prohibited from disposing any wastes into such waters
without providing advanced waste treatment, as approved by the DEP, within 10 years after such
determination or adoption.
Currently, the prohibitions within s. 403.086, F.S., do not apply to facilities permitted before
February 1987 that discharge secondary treated effluent, followed by water hyacinth treatment,
to tributaries of tributaries of these waters or to facilities permitted to discharge to the nontidally
influenced portions of the Peace River.
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The bill removes this provision.
Sections 15 through 26 make conforming changes.
Section 27 reenacts s. 259.045(6), F.S., regarding the purchase of lands in areas of critical state
concern, for the purpose of incorporating the amendment made by this act to s. 259.032, F.S., in
a reference thereto.
Section 28 provides that this act fulfills an important state interest.
Section 29 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The county/municipality mandates provision of Art. VII, s. 18(a) of the Florida
Constitution may apply to this bill because local governments may be required to expend
funds to plan for sanitary sewer services and update their comprehensive plans as
required by this bill. However, the law may an insignificant fiscal impact. Therefore, an
exception from Art. VII, s. 18(a) of the Florida Constitution may apply.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
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Section 403.086(1)(c), F.S. BILL: SB 1632 Page 34
B. Private Sector Impact:
Private wastewater treatment facilities may incur costs related to upgrading to advanced
waste treatment. Developers may incur costs related to providing for enhanced nutrient-
reducing OSTSDs for new developments. However, this may be offset by lower pollution
costs.
C. Government Sector Impact:
The Department of Environmental Protection may incur costs related to implementing the
Indian River Lagoon Protection Program, including adopting rules. Local governments
will incur costs to update their comprehensive plans. Local governments that are owners
of wastewater treatment facilities may incur costs related to upgrading to advanced waste
treatment.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 163.3177, 253.025,
259.032, 373.501, 373.802, 373.807, 373.811, 381.0065, 381.00655, 403.031, 403.067,
403.0673, 403.086, 201.15, 259.105, 373.019, 373.4132, 373.414, 373.4142, 373.430, 373.4592,
403.890, 403.892, 403.9301, 403.9302, and 259.045.
This bill creates section 373.469 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.