Florida Senate Bill S1632 Analysis / Analysis

                    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 Fiscal Policy 
 
BILL: CS/CS/SB 1632 
INTRODUCER:  Fiscal Policy Committee; Environment and Natural Resources Committee; Senator 
Brodeur and others 
SUBJECT:  Environmental Protection 
DATE: April 26, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Barriero Rogers EN Fav/CS 
2. Reagan Betta AEG  Favorable 
3. Barriero Yeatman FP Fav/CS 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/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 65 
percent nitrogen reduction;  
 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;  
REVISED:   BILL: CS/CS/SB 1632   	Page 2 
 
 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; and 
 Saves from repeal the section of law establishing the OSTDS technical advisory committee 
and requires the committee to submit its recommendations to the Governor and Legislature 
annually. 
 
Regarding sanitary sewer services, the bill: 
 Requires local governments to consider the feasibility of providing 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);  
 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 the 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 five-year milestones for implementation and water quality 
improvement; 
 Requires entities that have a specific pollutant load reduction requirement to submit to the 
DEP a list of projects that will be undertaken to meet the five-year milestones; 
 Requires the 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 the DEP to consider percent cost-share identified by an applicant (except for rural 
areas of opportunity) when prioritizing projects; and 
 Requires the DEP to coordinate with local governments, stakeholders, and DACS to identify 
and prioritize 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, the 
Central Indian River Lagoon BMAP, the North Indian River Lagoon BMAP, and the 
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;  BILL: CS/CS/SB 1632   	Page 3 
 
 Requires the DEP to evaluate the program every five years and identify any further load 
reductions necessary to achieve compliance with total maximum daily loads; 
 Requires the DEP, in coordination with DACS and other stakeholders, to identify and 
prioritize 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-
reducing OSTDS (or other wastewater treatment system that achieves at least 65 percent 
nitrogen 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 are 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;  
 Appropriates $100 million annually to DEP for the acquisition of land under the Florida 
Forever Act; 
 Provides that property value must be based upon the reasonable market value of the property 
considering those uses that are legally permissible, physically possible, financially feasible, 
and maximally productive; and 
 Requires DEP and DACS to disclose otherwise confidential appraisal reports to private 
landowners or their representatives during negotiations for the acquisition of state lands or 
conservation easements. 
 
The bill also requires DEP and each water management district to review and report on their 
permitting processes by July 1, 2024. 
 
The DEP will incur indeterminate costs related to implementing the Indian River Lagoon 
Protection Program, including adopting rules.  
 
The effective date of the bill is July 1, 2023.  BILL: CS/CS/SB 1632   	Page 4 
 
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 
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
 The DEP issues operation 
                                                
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. 
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.  BILL: CS/CS/SB 1632   	Page 5 
 
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 the 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
 
 
 
 
 
                                                
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: CS/CS/SB 1632   	Page 6 
 
Sewage disposal facilities must provide advanced waste treatment approved by the 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
  
 
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-
                                                
16
 Section 403.086(1)(c), F.S.  
17
 Id. 
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).   BILL: CS/CS/SB 1632   	Page 7 
 
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 
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 the 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 
                                                
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). 
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.  BILL: CS/CS/SB 1632   	Page 8 
 
plan.
32
 (See below for a detailed discussion on BMAPs.) The 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 the 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
 Per the agreement, the 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 the DEP instead of the 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
 
 
The Clean Waterways Act also established an OSTDS technical advisory committee (TAC) 
within DEP.
39
 The TAC consisted of 10 appointed members, including a professional engineer, a 
septic tank contractor, representatives from local government and the home building, real estate, 
and OSTDS industries, among others.
40
 The TAC was charged with: 
 Providing recommendations to increase the availability of enhanced nutrient-reducing 
OSTDSs in the marketplace, including such systems that are cost-effective, low maintenance, 
and reliable; 
 Considering and recommending regulatory options, such as fast-track approval, 
prequalification, or expedited permitting, to facilitate the introduction and use of enhanced 
nutrient-reducing OSTDSs that have been reviewed and approved by a national agency or 
organization; and 
 Providing recommendations for appropriate setback distances for OSTDSs from surface 
water, groundwater, and wells.
41
 
 
In December 2021, the TAC submitted its recommendations to the Governor and Legislature.
42
 
Recommendations included, among other things, accepting treatment systems with a certain 
certification, increasing funding for enhanced nutrient-reducing OSTDSs, and streamlining 
                                                
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). 
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
 Section 381.00652, F.S. See also Chapter 2020-150, s. 8, Laws of Fla. 
40
 Section 381.00652(4)(a), F.S.; DEP, OSTDS TAC, https://floridadep.gov/water/onsite-sewage/content/onsite-sewage-
treatment-and-disposal-systems-ostds-technical-advisory (last visited Apr. 25, 2023).  
41
 Section 381.00652(2), F.S. 
42
 DEP, Recommendations of the OSTDS Technical Advisory Committee (Implementation of Chapter 2020-150, Laws of 
Florida) (2021), available at https://floridadep.gov/sites/default/files/OSTDS_TAC_Recommendations.pdf.   BILL: CS/CS/SB 1632   	Page 9 
 
innovative system testing.
43
 The statute establishing the committee expired on August 15, 
2022.
44
 
 
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.
45
 The legislation authorized the 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.
46
 The program requires at 
least a 50 percent match, though this requirement can be waived for rural areas of opportunity.
47
 
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.
48
 
 
The DEP coordinates with the water management districts to identify grant recipients in each 
district.
49
 The 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.
50
 The DEP submits an annual report identifying 
the projects funded through the grant program to the Governor and Legislature.
51
 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.  
 
The wastewater grant program is funded by documentary stamp tax revenues.
52
 After required 
distributions from documentary stamp tax revenues are disbursed,
53
 an amount equaling 5.4175 
percent of the remainder is paid into the Water Protection and Sustainability Program Trust Fund 
                                                
43
 Id. at 2-4. 
44
 Section 381.00652(6), F.S. 
45
  Chapter 2020-150, Laws of Fla., and section 403.0673, F.S. 
46
 Section 403.0673(1), F.S. 
47
 Id. 
48
 Id. 
49
 Section 403.0673(4), F.S. 
50
 Section 403.0673(2), F.S. 
51
 Section 403.0673(5), F.S. 
52
 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. 
53
 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.  BILL: CS/CS/SB 1632   	Page 10 
 
to be used to fund wastewater grants.
54
 The Office of Economic and Demographic Research 
estimates that the distribution for wastewater grants in Fiscal Year 2023-2024 will be $95.2 
million.
55
   
 
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.
56
  
 
If the 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.
57
 The waterbody or waterbody segment may be removed from the verified list if it 
attains water quality criteria.
58
 If the 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.
59
  
 
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.
60
 Pursuant to the federal Clean Water Act, the DEP must 
establish a TMDL for impaired waterbodies.
61
 As of December 2022, a total of 459 TMDLs have 
been established for impaired waters in Florida.
62
 
 
                                                
54
 Section 201.15(4)(h), F.S. 
55
 Office of Economic and Demographic Research (EDR), Conference Results, (2023) available at 
http://edr.state.fl.us/Content/conferences/docstamp/docstampresults.pdf.  
56
 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). 
57
 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. 
58
 Section 403.067(5), F.S. 
59
 Section 403.067(2), F.S.; ch. 62-303.150, F.A.C. 
60
 Section 403.067(6)(a), F.S. See also 33 U.S.C. § 1251, s. 303(d) (the Clean Water Act). 
61
 Section 403.067(1), F.S. 
62
 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: CS/CS/SB 1632   	Page 11 
 
Basin Management Action Plans 
BMAPs are one of the primary mechanisms the DEP uses to achieve TMDLs. BMAPs are plans 
that address the entire pollution load, including point and nonpoint discharges,
63
 for a watershed. 
As of June 2022, there were 33 adopted BMAPs in Florida.
64
 
 
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.
65
 
 
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.
66
 A nonpoint source discharger may be subject to enforcement action by the 
DEP or a water management district based on a failure to implement these requirements.
67
  
 
The 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.
68
 Then, the BMAP establishes the schedule for implementing projects and activities to 
meet the pollution reduction allocations.
69
  
 
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.
70
 BMAPs are adopted by secretarial order.
71
  
 
Each BMAP must include: 
 The management strategies available through existing water quality protection programs to 
achieve TMDLs; 
 A description of BMPs adopted by rule; 
                                                
63
 “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). 
64
 EDR, Annual Assessment of Florida’s Water Resources: Quality at 5. 
65
 Section 403.067(7), F.S. 
66
 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. 
67
 Section 403.067(7)(b)2.h., F.S. 
68
 Id. 
69
 Id. 
70
 DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-
management-action-plans-bmaps (last visited Mar. 13, 2023). 
71
 Section 403.067(7), F.S.  BILL: CS/CS/SB 1632   	Page 12 
 
 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.
72
 
 
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.
73
 Every five years an assessment of progress toward these milestones must be 
conducted and revisions to the plan made as appropriate.
74
 
 
In addition, a BMAP for a nutrient TMDL must include a wastewater treatment plan that 
addresses domestic wastewater if the DEP identifies domestic wastewater treatment facilities as 
contributors of at least 20 percent of point source or nonpoint source nutrient pollution or if the 
DEP determines remediation is necessary to achieve the TMDL.
75
 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.
76
 
 
BMAPs must also include an OSTDS remediation plan if the DEP identifies OSTDSs as a 
contributor of at least 20 percent of point source or nonpoint source nutrient pollution or if the 
DEP determines remediation is necessary to achieve a TMDL.
77
 This remediation plan must 
identify cost-effective and financially feasible projects necessary to achieve the nutrient load 
reductions required for OSTDSs.
78
 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.
79
 
 
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 
 The DEP determines that additional measures are necessary to achieve the TMDL.
80
 
 
                                                
72
 Section 403.067(7)(a)4., F.S. 
73
 Section 403.067(7)(a)6., F.S. 
74
 Id. 
75
 Section 403.067(7)(a)9., F.S. 
76
 Section 403.067(7)(a)9.a., F.S. 
77
 Section 403.067(7)(a)9.b., F.S. 
78
 Id. 
79
 Id. 
80
 Section 403.067(7)(e), F.S.  BILL: CS/CS/SB 1632   	Page 13 
 
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.
81
  
 
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.
82
 BMPs for 
agricultural discharges must reflect a balance between water quality improvements and 
agricultural productivity.
83
 
 
BMPs are designed to protect water resources from nonpoint source pollution,
84
 occurring from 
operations like agriculture, golf courses, forestry, and stormwater management.
85
 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.
86
  
 
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.
87
 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.
88
 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.
89
 
 
                                                
81
 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. 
82
 Section 373.4595(2)(a), F.S.; see also section 373.4592(2)(b), F.S. 
83
 Id. 
84
 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). 
85
 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). 
86
 UF/IFAS, What are Agricultural Best Management Practices?, https://bmp.ifas.ufl.edu/about-bmps/ (last visited Mar. 15, 
2023).  
87
 DEP, Alternative Restoration Plans, https://floridadep.gov/DEAR/Alternative-Restoration-Plans (last visited Mar. 13, 
2023). 
88
 Id. 
89
 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: CS/CS/SB 1632   	Page 14 
 
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.
90
 These waterbodies are not included in the CWA 303(d) list.
91
 
 
A reasonable assurance plan (RAP) is a control measure that the DEP may implement for 
category 4b impaired waterbodies.
92
 The DEP first determines if a waterbody is impaired or may 
be reasonably expected to become impaired within the next five years.
93
 If a waterbody fits this 
criteria, the 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. The 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.
94
  
 
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.
95
 These springs are a unique part 
of the state’s scenic beauty, provide critical habitat, and have immeasurable natural, recreational, 
and economic value.
96
 The Act requires the DEP to assess the water quality in the OFSs. Based 
on these assessments, the DEP determined that 24 of these springs are impaired.
97
 For these 
impaired springs, the 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 (five-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;
98
 and 
                                                
90
 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. 
91
 Id. 
92
 DEP, Alternative Restoration Plans, https://floridadep.gov/DEAR/Alternative-Restoration-Plans (last visited Mar. 13, 
2023). 
93
 Fla. Admin. Code R. 62-303.600.  
94
 Id.  
95
 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. 
96
 DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 13, 2023). 
97
 Id. 
98
 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: CS/CS/SB 1632   	Page 15 
 
 Delineated “priority focus areas” where certain activities are prohibited.
 99
 
 
A “priority focus area” is the area or areas of a basin where the Floridan Aquifer
100
 is generally 
most vulnerable to pollutant inputs where there is a known connectivity between groundwater 
pathways and an OFS, as determined by the DEP in consultation with the appropriate water 
management districts and delineated in a BMAP.
101
  
 
 
 
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 
                                                
99
 DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 13, 2023). 
100
 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). 
101
 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: CS/CS/SB 1632   	Page 16 
 
 New agriculture operations that do not implement BMPs, measures necessary to achieve 
pollution reduction levels established by the DEP, or groundwater monitoring plans.
102
 
 
There have been recent legal challenges to the DEP’s development of BMAPs for OFSs. In 
Sierra Club v. Department of Environmental Protection, the court held that the 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.
103
 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.
104
  
 
Indian River Lagoon  
The Indian River Lagoon (IRL) is a 156-mile-
long estuary spanning approximately 40 percent 
of Florida’s east coast.
105
 There are six coastal 
counties in the IRL watershed: Volusia, 
Brevard, Indian River, St. Lucie, Martin, and 
Palm Beach.
106
 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.
107
 There are three 
interconnected lagoons in the IRL basin: 
Mosquito Lagoon, Banana River Lagoon, and 
Indian River Lagoon.
108
  
 
The IRL is considered the most biologically 
diverse estuary in North America.
109
 It is home 
to more than 2,000 species of plants, 600 
species of fish, 300 species of birds, and 53 
                                                
102
 Section 373.811, F.S. 
103
 Sierra Club v. DEP, No. 1D21-1667, *2 (Fla. 1st DCA 2023). 
104
 Id. at *5. 
105
 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). 
106
 DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon at 14. 
107
 Id.  
108
 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. 
109
 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  BILL: CS/CS/SB 1632   	Page 17 
 
threatened or endangered species.
110
 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-related activity.
111
 Industry groups that are directly influenced by the IRL 
support nearly 72,000 jobs.
112
 
 
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.
113
 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.
114
 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.
115
 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.
116
 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.
117
 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.
118
  
 
                                                
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). 
110
 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). 
111
 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.  
112
 Id. at ix. 
113
 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. 
114
 Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi. 
115
 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.  
116
 Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi. 
117
 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). 
118
 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: CS/CS/SB 1632   	Page 18 
 
The St. Johns River Water Management District, the South Florida Water Management District, 
and local governments implement projects that address water quality issues in the IRL.
119
 
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.
120
 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.
121
 The sales tax will generate an estimated $542 million over ten years.
122
 
 
OSTDSs account for much of the nitrogen enrichment in groundwater in the IRL watersheds 
because the six counties adjacent to the IRL rely heavily on OSTDSs for wastewater 
management.
123
 As of 2021, there were approximately 300,000 permitted OSTDSs within the 
IRL watershed.
124
 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.
125
 
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.
126
 
 
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).
127
 The program was established to assist with 
the development a comprehensive plan to restore and protect the IRL.
128
  
 
Today, the program is sponsored by the IRL Council, which was established in February 2015, 
as a special district of Florida.
129
 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 
                                                
119
 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).  
120
 Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi. 
121
 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). 
122
 Id. 
123
 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. 
124
 Id. 
125
 Id. 
126
 Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at 22-23. 
127
 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.  
128
 Id. 
129
 One Lagoon, The Indian River Lagoon NEP.  BILL: CS/CS/SB 1632   	Page 19 
 
the 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.
130
 The EPA provides guidance to the 
council and, every five years, evaluates the program’s progress.
131
 
 
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.
132
 A list of eligible projects 
is evaluated and revised annually by the program’s Management Conference.
133
 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;
134
 
 Improve wastewater infrastructure to achieve advanced wastewater treatment and to increase 
capacity to accommodate septic-to-sewer conversions and the region’s growing 
population;
135
 and 
 Research innovative technologies and emergence of commercial opportunities that will assist 
with restoration and stewardship of the IRL.
136
 
 
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.
137
 The 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.
138
 
 
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 
                                                
130
 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.  
131
 Id. at 13. 
132
 IRL Program, Looking Ahead to 2030: A 10-Year Comprehensive Conservation and Management Plan for the IRL, 
Florida at ix. 
133
 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. 
134
 Id. at 20-21. 
135
 Id. at 24, 26-27. 
136
 Id. at 140. 
137
 FLA. CONST. Art. IV s. 4. 
138
 Section 253.002, F.S.  BILL: CS/CS/SB 1632   	Page 20 
 
in the area and the public purpose for which the acquisition is being proposed.
139
 Additionally, 
each parcel of land that is to be acquired must have at least one appraisal.
140
 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.
141
 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.
142
 If two appraisals are required and their values do not differ significantly the 
maximum amount that may be paid is the higher value indicated.
143
 
 
Appraisal reports are confidential and exempt from public records requirements for use by the 
agency and the Board of Trustees until an option contract is executed or, if no option contract is 
executed, until two weeks before a contract or agreement for purchase is considered for approval 
by the Board of Trustees.
144
 Appraisal reports may be disclosed to private landowners during 
negotiations
145
 for acquisitions using alternatives to fee simple techniques if DEP determines the 
disclosure of such reports will bring the proposed acquisition to closure.
146
 However, the private 
landowner must agree to maintain the confidentiality of the reports.
147
 In addition, appraisal 
information may be disclosed to public agencies or nonprofit organizations that agree to maintain 
the confidentiality of the information when joint acquisition of property is contemplated or when 
a public agency or nonprofit organization enters into a written multiparty agreement with 
DEP.
148
 
 
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 
                                                
139
 Section 253.025(2), F.S. 
140
 Section 253.025(8), F.S. Appraisals are not required for lands donated to the state. 
141
 Id. 
142
 Fla. Admin. Code R. 18-1.006. 
143
 Id. 
144
 Sections 253.025(8)(f), F.S. See also 570.715(5), F.S. (providing identical requirements for acquisitions by the 
Department of Agriculture and Consumer Services (DACS)) 
145
 “Negotiations” does not include preliminary contacts with the property owner to determine the availability of the property, 
existing appraisal data, existing abstracts, and surveys. Sections 253.05(6), F.S. See also 570.715(4), F..S. (providing the 
same for DACS acquisitions). 
146
 Sections 253.025(8)(f), F.S. See also 570.715(5), F.S. (providing the same for DACS acquisitions). 
147
 Id. 
148
 Id.   BILL: CS/CS/SB 1632   	Page 21 
 
 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.
149
 
 
For such acquisitions, the Board of Trustees may waive or modify all land acquisition procedures 
and all competitive bid procedures.
150
 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.
151
 
 
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.
152
 
 
Land Acquisition Trust Fund 
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.
153
 
 
                                                
149
 Section 253.025(22), F.S. 
150
 Section 253.025(24), F.S. 
151
 Section 253.025(22), F.S. 
152
 Section 259.032, F.S. 
153
 See ss. 201.02(1)(a) and 201.08(1)(a), F.S.  BILL: CS/CS/SB 1632   	Page 22 
 
In 2014, Florida voters approved Amendment One, a constitutional amendment to provide a 
dedicated funding source for land and water conservation and restoration.
154
 The amendment 
required that starting on July 1, 2015, and for 20 years thereafter, 33 percent of net revenues 
derived from documentary stamp taxes be deposited into the Land Acquisition Trust 
Fund (LATF).
155
 Article X, s. 28 of the State Constitution requires that funds in the LATF be 
expended only for the following purposes: 
 
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.
 156
 
 
To implement Art. X, s. 28 of the State Constitution, the Legislature passed ch. 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 the DEP as the trust fund to serve as the 
constitutionally mandated depository for the percentage of documentary stamp tax 
revenues.
157
 
 
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 
                                                
154
 The Florida Senate, Water and Land Conservation, https://www.flsenate.gov/media/topics/WLC (last visited Jan. 4, 
2023). 
155
 Id. 
156
 FLA. CONST. art. X, s. 28(b)(1). 
157
 Ch. 2015-229, ss. 9 and 50, Laws of Fla.  BILL: CS/CS/SB 1632   	Page 23 
 
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. 
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.
158
 
 
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.
159
 In March 2023, the General Revenue Estimating Conference 
estimated that for fiscal year 2023-2024 a total of $2.86 billion would be collected in 
documentary stamp taxes.
160
 Thirty-three percent of the net revenues collected, or approximately 
$941.2 million, must be deposited into the LATF in accordance with Art. X, s. 28 of the State 
Constitution. Of that amount, $104.6 million is committed to debt service, leaving $836.5 million 
to be distributed for the uses specified by s. 375.041, F.S., and other purposes in accordance with 
the General Appropriations Act.
161
 
 
Litigation 
In 2015, two lawsuits were filed challenging the constitutionality of appropriations from the 
LATF and expenditures by state agencies.
162
 The cases were consolidated and a hearing was held 
in June of 2018.
163
 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. 
                                                
158
 Section 375.041(3)-(4), F.S. 
159
 Chapter 2022-157, Laws of Fla.  
160
 Office of Economic & Demographic Research, Revenue Estimating Conference, Documentary Stamp Tax, Conference 
Results (Mar. 2023), available at http://edr.state.fl.us/Content/conferences/docstamp/docstampexecsummary.pdf (last visited 
Apr. 25, 2023). 
161
 Id. 
162
 Fla. Wildlife Fed’n v. Negron, No. 2015-CA-001423 (Fla. 2nd Cir. Ct.); Fla. Defenders of the Env’t, Inc., v. Detzner, No. 
2015-CA-002682 (Fla. 2d Cir. Ct.). 
163
 Fla. Wildlife Fed’n v. Negron, Nos. 2015-CA-001423, 2015-CA-002682 (Fla. 2d Cir. Ct. June 28, 2018).  BILL: CS/CS/SB 1632   	Page 24 
 
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.
164
 The decision 
described how the LATF funds may be used, and ruled that numerous appropriations from 2015 
and 2016 were unconstitutional.
165
 
 
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.
166
 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.
167
 The case was then 
remanded to the circuit court to rule on the legality of appropriations made since the enactment 
of the constitutional amendment.
168
  
 
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.
169
 On July 20, 2022, the 
Florida Wildlife Federation filed a motion to reopen the case.
170
 The case is now on appeal in the 
First District Court of Appeal.
171
  
 
Rural and Family Lands Protection Program 
The Rural and Family Lands Protection Program, created within the Department of Agriculture 
and Consumer Services (DACS), is an agricultural land preservation program designed to protect 
important agricultural lands through the acquisition of permanent agricultural land conservation 
easements.
172
 Since its inception, the program has successfully acquired conservation easements 
consisting of over 64,361 acres of working agricultural land.
173
 
 
Under the program, DACS, on behalf of the Board of Trustees, is authorized to acquire 
perpetual, less-than-fee interest in land and enter into resource conservation agreements and 
agricultural protection agreements for the following public purposes:
174
 
 Promotion and improvement of wildlife habitat; 
 Protection and enhancement of water bodies, aquifer recharge areas, wetlands, and 
watersheds; 
 Perpetuation of open space on lands with significant natural areas; or 
                                                
164
 Id. at 3. 
165
 Id. at 7–8. 
166
 Oliva v. Fla. Wildlife Fed’n, 281 So. 3d 531, 539 (Fla. 1st DCA 2019). 
167
 Id. at 537. 
168
 Id. at 539. 
169
 Fla Wildlife Fed’n v. Negron, Nos. 2015-CA-001423, 2015-CA-002682 (Fla. 2d Cir. Ct. Jan. 3, 2022), available at 
https://www.politico.com/states/f/?id=0000017e-21d8-d3d7-a37f-afdee5cb0000&source=email (last visited Jan. 5, 2023). 
170
 Dep’t of Environmental Protection, Fla. Enviro. Cases August, 1 (Aug. 2022) (on file with the Senate Committee on 
Environment and Natural Resources).  
171
 Fla. Wildlife Fed’n v. Fla. Legislature, No. 1D22-3142 (Fla. 1st DCA, 2022). 
172
 DACS, Rural and Family Lands Protection Program, https://www.fdacs.gov/Consumer-Resources/Protect-Our-
Environment/Rural-and-Family-Lands-Protection-Program (last visited Mar. 16, 2023).  
173
 Id. 
174
 Section 570.71(1), F.S.  BILL: CS/CS/SB 1632   	Page 25 
 
 Protection of agricultural lands threatened by conversion to other uses.
175
 
 
To achieve these purposes, DACS may accept applications for project proposals that: 
 Purchase “conservation easements.” 
 Purchase rural-lands-protection easements pursuant to this section. 
 Fund resource conservation agreements pursuant to this section. 
 Fund agricultural protection agreements pursuant to this section.
176
 
 
“Conservation easements” means a right or interest in real property which is appropriate to 
retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded 
condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the 
structural integrity or physical appearance of sites or properties of historical, architectural, 
archaeological, or cultural significance; or maintaining existing land uses and which prohibits or 
limits any or all of the following:
177
 
 Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or 
other structures on or above the ground. 
 Dumping or placing of soil or other substance or material as landfill or dumping or placing of 
trash, waste, or unsightly or offensive materials. 
 Removal or destruction of trees, shrubs, or other vegetation. 
 Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance 
in such manner as to affect the surface. 
 Surface use except for purposes that permit the land or water area to remain predominantly in 
its natural condition. 
 Activities detrimental to drainage, flood control, water conservation, erosion control, soil 
conservation, or fish and wildlife habitat preservation. 
 Acts or uses detrimental to such retention of land or water areas. 
 Acts or uses detrimental to the preservation of the structural integrity or physical appearance 
of sites or properties of historical, architectural, archaeological, or cultural significance.
178
 
 
DACS is also authorized to acquire perpetual conservation easements that achieve the objectives 
of the Florida Forever program.
179
 DACS must follow the same appraisal process outlined above 
when acquiring conservation easements.
180
 
 
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.
181
 The Florida Forever Act reinforced 
the state’s commitment to conserve its natural and cultural heritage, provide urban open space, 
                                                
175
 Id. 
176
 Section 570.71(1), F.S. 
177
 Section 704.06(1), F.S. 
178
 Id. 
179
 Section 259.105(3)(i), F.S. 
180
 See section 570.715, F.S. 
181
 Chapter 99-247, Laws of Fla.   BILL: CS/CS/SB 1632   	Page 26 
 
and better manage the land acquired by the state.
182
 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.
183
 The state has acquired 
more than 2.6 million acres since 1991 under the Preservation 2000 and the Florida Forever 
programs.
184
  
 
The Acquisition and Restoration Council (ARC) is a 10-member body
185
 that makes 
recommendations on the acquisition, management, and disposal of state-owned lands.
186
 The 
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.
187
 In evaluating each application, the ARC has statutory direction regarding 
how to prioritize purchases.
188
 
 
The ARC evaluates and selects projects twice per year, in June and December, and ranks the 
projects annually.
189
 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).
190
 Projects are ranked within each category from highest to lowest priority.
191
 
 
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.
192
 The Legislature 
                                                
182
 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). 
183
 Section 259.105, F.S.  
184
 DEP, Florida Forever, https://floridadep.gov/floridaforever (last visited Mar. 15, 2023).  
185
 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. 
186
 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. 
187
 DEP, Florida Forever Frequently Asked Questions, https://floridadep.gov/lands/environmental-services/content/florida-
forever-frequently-asked-questions (last visited Mar. 15, 2023). 
188
 DEP, Acquisition and Restoration Council, https://floridadep.gov/lands/environmental-services/content/acquisition-and-
restoration-council-arc (last visited Mar. 15, 2023). 
189
 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). 
190
 Section 259.105(17), F.S. 
191
 Id. 
192
 Section 259.1055(3), F.S.  BILL: CS/CS/SB 1632   	Page 27 
 
appropriated $300 million
193
 and directed the 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.
194
 
 
The Florida Wildlife Corridor is statutorily defined as “the conserved lands”
195
 and “opportunity 
areas”
196
 defined by the DEP as priority one, two, and three categories of the Florida Ecological 
Greenways Network (FEGN).
197
 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.
198
 The priority-category 
lands are the most important for protecting an ecologically functional connected statewide 
network of public and private conservation lands.
199 
 
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.
200
 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.
201
 
 
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.
202
  
 
                                                
193
 Chapter 2021-37, s. 152, Laws of Fla. 
194
 Section 259.1055(4)(g), F.S. 
195
 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. 
196
 “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). 
197
 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). 
198
 DEP, Florida Wildlife Corridor, 1 (2022), available at 
https://floridadep.gov/sites/default/files/Florida_Wildlife_Corridor.pdf.  
199
 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. 
200
 Section 259.032(2), F.S. 
201
 Section 259.032(2)(g), F.S. 
202
 Florida Wildlife Corridor Foundation, About the Corridor, https://floridawildlifecorridor.org/about/about-the-corridor/  
(last visited Mar. 15, 2023).  BILL: CS/CS/SB 1632   	Page 28 
 
Infrastructure Permitting Process Review  
Coastal Construction Permits 
Coastal construction is regulated by the DEP in order to protect Florida’s beaches and dunes 
from imprudent construction that may jeopardize the stability of Florida’s natural resources.
203
 
The coastal construction control line (CCCL) defines the portion of the beach-dune system that is 
subject to severe fluctuations caused by a 100-year storm surge, storm waves, or other forces 
such as wind, wave, or water level changes.
204
 Seaward of the CCCL, new construction and 
improvements to existing structures require a CCCL permit from DEP.
205
 The line defines the 
landward limit of DEP’s authority to regulate construction.
206
 DEP’s CCCL Program regulates 
structures and activities which can cause beach erosion, destabilize dunes, damage upland 
properties, or interfere with public access.
207
 CCCLs currently exist for large portions of 
Florida’s coast.
208
 
 
Due to the potential environmental impacts and greater risk of hazards from wind and flood, the 
standards for construction seaward of the CCCL are often more stringent than those applied in 
the rest of the coastal building zone.
209
 Approval or denial of a permit application is based upon a 
review of factors such as the location of structures and their potential impacts on the surrounding 
area.
210
 CCCLs are established by DEP on a county basis, but only after such a line has been 
determined necessary for protecting upland structures and controlling beach erosion, and after a 
public hearing has been held in the affected county.
211
 These hearings are conducted in the 
manner described in s. 120.54(3)(c), F.S., must be published in the FAR in the same manner as a 
rule, and are subject to an invalidity challenge as described in s. 120.56(3), F.S. A petitioner may 
challenge a rule under s. 120.56(3), F.S., on the basis that it is an invalid delegation of legislative 
authority, and must substantiate this allegation by a preponderance of the evidence.   
 
Joint Costal Permitting (JCP) 
DEP implements a concurrent processing of applications for coastal construction permits, 
environmental resource permits and sovereign submerged lands authorizations.
212 
A JCP is 
required for activities that meet all of the following criteria: 
 Located on Florida’s natural sandy beaches facing the Atlantic Ocean, the Gulf of Mexico, 
the Straits of Florida or associated inlets. 
                                                
203
 Section 161.053(1)(a), F.S. 
204
 Section 161.053, F.S.; Fla. Admin. Code R. 62B-33.005(1); DEP, The Homeowner’s Guide to the Coastal Construction 
Control Line Program, 3 (2017), available at 
https://floridadep.gov/sites/default/files/Homeowner%27s%20Guide%20to%20the%20CCCL%20Program%206_2012%20%
28002%29_0.pdf.  
205
 DEP, The Homeowner’s Guide to the Coastal Construction Control Line Program at 2. 
206
 Id. 
207
 DEP, Coastal Construction Control Line Program, https://floridadep.gov/water/coastal-construction-control-line (last 
visited Mar. 20, 2023). 
208
 DEP, Geospatial Open Data, CCCL, 
https://geodata.dep.state.fl.us/datasets/4674ee6d93894168933e99aa2f14b923_2/explore (last visited Mar. 20, 2023). 
209
 Fla. Admin. Code Ch. 62B-33. 
210
 Fla. Admin. Code R. 62B-33.005. 
211
 Section 161.053(2), F.S. 
212
 Section 161.055, F.S.; see also DEP, Beaches, Inlets and Ports, https://floridadep.gov/rcp/beaches-inlets-ports (last visited 
Mar. 21, 2023).  BILL: CS/CS/SB 1632   	Page 29 
 
 Activities that extend seaward of the mean high water line. 
 Activities that extend into sovereign submerged lands. 
 Activities that are likely to affect the distribution of sand along the beach. 
 
Activities that require a JCP include beach restoration or nourishment; construction of erosion 
control structures such as groins and breakwaters; public fishing piers; maintenance of inlets and 
inlet-related structures; and dredging of navigation channels that include disposal of dredged 
material onto the beach or in the nearshore area.
213
 
 
Environmental Resource Permits 
Part IV of Chapter 373 F.S., regulates the construction, alteration, operation, maintenance, 
abandonment, and removal of stormwater management systems, dams, impoundments, 
reservoirs, works, and appurtenant works. DEP regulates activities in, on, or over surface waters, 
as well as any activity that alters surface water flows, through environmental resource permits 
(ERPs). ERPs are generally required for the construction or alteration of any stormwater 
management system, dam, impoundment, reservoir, or appurtenant work.
214
 A WMD or DEP 
may require an ERP and impose conditions necessary to assure that the construction or alteration 
of any water management system
215
 complies with state law and rules, and will not be harmful to 
water resources.
216
 Generally, to receive a permit for a proposed use of water resources, an 
applicant must demonstrate that the proposed activity is a reasonable-beneficial use, will not 
interfere with any existing legal use of water, and is consistent with the public interest.
217
 
 
Pursuant to statutory authority,
218
 DEP adopted a comprehensive chapter of rules that govern the 
permitting process.
219
  
 
State Administered Federal Section 404 Dredge and Fill Permits  
In 2020,
220
 Florida assumed responsibility under section 404 of the federal Clean Water Act
221
 
for dredge and fill permitting.
222
 DEP adopted rules to implement the section 404 program.
223
 
The State 404 Program is responsible for overseeing the permitting for any project that proposes 
dredge or fill activities within state assumed waters.
224
 There is significant overlap between the 
federal 404 permitting program and the ERP program. 
 
                                                
213
 Id. 
214
 Section 373.413(1), F.S. 
215
 Section 373.403(10), F.S. 
216
 Section 373.413(1), F.S. 
217
 Section 373.223(1), F.S. 
218
 Section 373.4131, F.S. 
219
 Fla. Admin. Code Ch. 62-330. 
220
 See generally DEP, State 404 Program, https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/state-404-program (last visited Mar. 21, 2023) (citing 85 FR 83553).      
221
 33 U.S.C. s. 1251 et seq. 
222
 Section 373.4146, F.S. 
223
 See Fla. Admin. Code Ch. 62-331. 
224
 DEP, State 404 Program, https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/state-404-program (last visited Mar. 20, 2023).  BILL: CS/CS/SB 1632   	Page 30 
 
Permitting Process  
Upon receiving a permit application for use of water resources, DEP or the WMD evaluates the 
material to determine if the application is complete.
225
 If it is incomplete, DEP or the WMD must 
request additional information within 30 days after its receipt of the application.
226
 DEP’s rules 
allow an applicant up to 90 days to respond to such a request.
227
 Within 30 days after its receipt 
of additional information, the DEP or the WMD must review the submissions.
228
 If the 
application is complete, the DEP or WMD must decide whether to issue or deny the ERP within 
60 days.
229
 Except for permits delegated through the 404 program,
230
 any application that the 
DEP or WMD does not approve or deny within 60 days of completion of the application is 
deemed approved by default.
231
 
 
Executive Order 23-06 
Executive Order 23-06 (the Order) includes several directives regarding environmental 
protection.
232
 The Order directs the 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 the 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.
233
 
 
The Order also directs the 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 
                                                
225
 DEP, Environmental Resource Permit Applicant’s Handbook, Vol. 1, AH 5.5.3, incorporated by reference in Fla. Admin. 
Code R. 62- 330.010(4) (Oct. 1, 2013), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-03174.   
226
 Section 373.4141(1), F.S. 
227
 DEP, Environmental Resource Permit Applicant’s Handbook, Vol. 1 at AH 5.5.3.5. 
228
 Section 373.4141(1), F.S. 
229
 Section 373.4141(2), F.S. Most state licensure decisions must be made within 90 days. Section 120.60(1), F.S. 
230
 Section 373.4146(5)(a), F.S. 
231
 Section 120.60(1), F.S. 
232
 Office of the Governor, Executive Order 23-06 (2023), available at https://www.flgov.com/wp-
content/uploads/2023/01/EO-23-06.pdf.  
233
 Id. at 5-6.  BILL: CS/CS/SB 1632   	Page 31 
 
 Supporting innovative nature-based solutions including living shorelines, freshwater and 
coastal wetland restoration, and seagrass recovery utilizing strategic propagation and planting 
efforts.
234
 
 
The Order also directs the 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.
235
 
III. Effect of Proposed Changes: 
Section 1 creates s. 120.5436, F.S. regarding infrastructure and environmental permitting review. 
The bill provides that the Legislature intends to: 
 Build a more resilient and responsive government infrastructure to allow for quick recovery 
after natural disasters, including hurricanes and tropical storms.  
 Promote efficiency in state government across branches, agencies, and other governmental 
entities and to identify any area of improvement within each that allows for quick, effective 
delivery of services.  
 Seek out ways to improve the state’s administrative procedures in relevant fields to build a 
streamlined permitting process that withstands disruptions caused by natural disasters, 
including hurricanes and tropical storms. 
 
The bill directs the Department of Environmental Protection (DEP) and each water management 
district (WMD) to conduct a holistic review of their current coastal permitting programs and 
other permit programs in order to increase efficiency within each process. These permitting 
processes must include, but are not limited to: 
 Coastal construction control line permits;  
 Joint coastal permits;  
 Environmental resource permits;  
 State-administered section 404 permits (consistent with the terms of the Environmental 
Protection Agency’s approval); and 
 Permitting processes related to water supply infrastructure, wastewater infrastructure, and 
onsite sewage treatment and disposal systems. 
  
The scope and purpose of the review is to identify areas of improvement and to increase 
efficiency within each process. Factors that must be considered in the review include the 
following: 
 Requirements to obtain a permit.  
 Time periods for permit review, including by commenting agencies, and approval of the 
permit application. 
 Areas for improved efficiency and decision-point consolidation within a single project’s 
process. 
 Areas of duplication across one or more permit programs.  
                                                
234
 Id. at 6-7. 
235
 Id. at 8-9.  BILL: CS/CS/SB 1632   	Page 32 
 
 Methods of requesting permits.  
 Adequate staffing levels necessary for complete and efficient review. 
 Any other factors that may increase the efficiency of the permitting process and may allow 
improved storm recovery. 
  
The bill directs DEP and each WMD to submit a report with their findings to the Governor and 
Legislature by July 1, 2024. 
 
Section 2 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 consider the feasibility of providing 
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, including 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, and as needed 
thereafter to account for future applicable developments. This requirement does not apply to a 
local government designated as a rural area of opportunity.
236
  
 
Section 3 amends s. 253.025, F.S., regarding the acquisition of state lands. Currently, DEP may 
disclose otherwise confidential appraisal reports to private landowners during negotiations for 
acquisitions using alternatives to fee simple techniques if DEP determines that disclosure of such 
reports will bring the proposed acquisition to closure.
237
 Private landowners are required to 
maintain the confidentiality of the reports. The bill amends this provision by requiring DEP to 
disclose appraisal reports to private landowners or their representatives, regardless of whether 
alternatives to fee simple techniques are used or such disclosure would bring the proposed 
                                                
236
 “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. 
237
 Section 253.025(8)(f), F.S.   BILL: CS/CS/SB 1632   	Page 33 
 
acquisition to closure. The bill also removes the requirement that landowners maintain the 
confidentiality of such reports or information. 
 
The bill also: 
 Raises the property value threshold for when two appraisals of a parcel are 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;  
 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; and 
 Provides that property value must be based upon the reasonable market value of the property 
considering those uses that are legally permissible, physically possible, financially feasible, 
and maximally productive. 
 
Section 4 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 through fee or less-than-fee acquisitions that will help preserve and 
protect the green and blue infrastructure and vital habitat for wide-ranging wildlife within the 
Florida Wildlife Corridor.  
 
Section 5 amends s. 259.105, F.S., regarding the Florida Forever Act. The bill provides that by 
March 1, 2024, the Department of Agriculture and Consumer Services (DACS) must submit an 
updated acquisition priority list to the Acquisition and Restoration Council. Any acquisitions for 
which funds have been obligated before July 1, 2023, to pay for an appraisal may not be 
impacted by the updated priority list. 
 
The bill also requires the Acquisition and Restoration Council to give increased priority to: 
 Projects in imminent danger of development, loss of significant natural attributes or 
recreational open space, or subdivision, which would result in multiple ownership and make 
acquisition of the project costly or less likely to be accomplished. 
 Projects located within the Florida Wildlife Corridor. 
 
Section 6 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,  BILL: CS/CS/SB 1632   	Page 34 
 
and a holistic approach to address these issues must be developed and implemented 
immediately; 
 The expeditious implementation of the Banana River Lagoon BMAP, the Central Indian 
River Lagoon BMAP, the North Indian River Lagoon BMAP, and the 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, 
the Central Indian River Lagoon BMAP, the North Indian River Lagoon BMAP, and the 
Mosquito Lagoon 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 the DEP, in coordination with DACS, the St. Johns River Water Management 
District (SJRWMD), the 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  BILL: CS/CS/SB 1632   	Page 35 
 
TMDLs. Projects identified from this evaluation must be incorporated into the Banana River 
Lagoon BMAP, the Central Indian River Lagoon BMAP, the North Indian River Lagoon 
BMAP, and the Mosquito Lagoon RAP, as appropriate; and 
 Requires the DEP, in coordination with the SJRWMD, the 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. The 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 or other 
wastewater treatment systems that achieve at least 65 percent nitrogen reduction are authorized. 
The bill defines “enhanced nutrient-reducing” OSTDS as an OSTDS approved by the 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 65 percent 
nitrogen reduction 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 the DEP and governing boards of the SJRWMD and the SFWMD may 
adopt rules to implement this section. 
 
Section 7 amends s. 373.501, F.S., regarding appropriation of funds to the WMDs. Currently, s. 
373.501, F.S., authorizes the DEP to allocate to the WMDs funds appropriated to the 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 the DEP to transfer the funds appropriated to the 
WMDs through the 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 the WMDs to 
annually report to the DEP on the use of these funds. 
 
Section 8 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 the DEP as capable of meeting or 
exceeding a 50 percent total nitrogen reduction before disposal of wastewater in the drainfield, or  BILL: CS/CS/SB 1632   	Page 36 
 
at least 65 percent total nitrogen reduction combined from onsite sewage tank or tanks and 
drainfield. 
 
Section 9 amends s. 373.807, F.S., regarding BMAPs that include an Outstanding Florida 
Spring. For these BMAPs, the bill to expand 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.
238
  
 
Section 10 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 65 percent nitrogen reduction are 
authorized. 
 
Section 11 amends s. 375.041, F.S., regarding the Land Acquisition Trust Fund. The bill 
appropriates $100 million annually to DEP for the acquisition of land pursuant to the Florida 
Forever Act. 
 
Section 12 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 the 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 13 amends s. 381.00652, F.S., regarding the OSTDS technical advisory committee. The 
bill saves from repeal the section of law establishing the OSTDS technical advisory committee 
and requires the committee to submit its recommendations to the Governor and Legislature 
annually. 
 
Section 14 amends s. 381.00655, F.S., regarding the connection of existing OSTDSs to a central 
sewerage system. The bill provides that local governmental agencies
239
 that receive grants or 
loans from the 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: 
                                                
238
 Section 373.802(5), F.S. 
239
 “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: CS/CS/SB 1632   	Page 37 
 
 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 15 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 the 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 total nitrogen and total phosphorous, or their organic or inorganic forms; 
biological variables, such as chlorophyll-a, biomass, or the structure of the phytoplankton, 
periphyton, or vascular plant community, that respond to nutrient load or concentration in a 
predictable and measurable manner; or dissolved oxygen if it is demonstrated for the waterbody 
that dissolved oxygen conditions result in a biological imbalance and the dissolved oxygen 
responds to a nutrient load or concentration in a predictable and measurable manner. 
 
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.
240
  
 
Section 16 amends s. 403.067, F.S., regarding the development of BMAPs. The bill: 
 Requires BMAPs to include five-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 five-year milestones, 
beginning with the first five-year milestone for new BMAPs. These projects must be 
submitted to the 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.
241
 
                                                
240
 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. 
241
 “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: CS/CS/SB 1632   	Page 38 
 
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 65 percent nitrogen 
reduction is required. 
 
Local governments subject to a BMAP or within the basin of a waterbody not attaining nutrient 
or nutrient-related standards must provide to the 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 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 the 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 the 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.
242
 The bill 
removes the requirement that the projects be implemented on private properties on a site-
specific, cooperative basis and provides that the element must include a list of regional nutrient 
reduction projects submitted to the DEP by the DACS which, in combination with the BMPs, 
additional measures, and other management strategies, will achieve the needed pollutant load 
reductions established for agricultural nonpoint sources. The list of regional projects must 
include a planning-level cost estimate of each project along with the estimated amount of 
nutrient reduction that such project will achieve. 
 
The bill authorizes the DACS to submit a legislative budget request to fund a regional nutrient 
reduction project. Currently, the statute only authorizes the DEP to submit such a request. The 
bill also provides that these projects are eligible for funding under the water quality improvement 
grant program. 
 
Section 17 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 eligible projects may be within a RAP or an accepted alternative 
restoration plan and expands eligible projects areas to include those with an established TMDL 
or a water body not attaining nutrient or nutrient-related standards.  
 
                                                
242
 Section 403.067(7)(e)2., F.S.  BILL: CS/CS/SB 1632   	Page 39 
 
The bill also expands the types of projects that are eligible for funding under the grant program 
to include the following projects that reduce the amount of nutrients entering the impaired waters 
protected by this section: 
 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;  
 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, the 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;  
 Removing the requirement that the overall environmental benefit of a project be considered; 
and 
 Requiring the DEP to prioritize projects that:  
o Have the maximum estimated reduction in nutrient load per project; 
o Demonstrate project readiness; 
o Are cost-effective; 
o Have a cost share identified by the applicant, except for rural areas of opportunity; 
o Have previous state commitment and involvement in the project, considering previously 
funded phases, the total amount of previous state funding, and previous partial 
appropriations for the proposed project; or  
o Are in a location where reductions are needed most to attain the water quality standards 
of a waterbody not attaining nutrient or nutrient-related standards. 
 
The bill provides that any project that does not result in reducing nutrient loading is not eligible 
for funding. The bill also removes the requirement that each grant have a minimum 50 percent 
local match of funds but provides that the DEP must consider percent cost-share identified by an 
applicant (except in for rural areas of opportunity) when prioritizing projects. The bill also 
requires the DEP to coordinate with: 
 Local governments and stakeholders to identify the most effective and beneficial water 
quality improvement projects; and 
 DACS to prioritize the most effective and beneficial agricultural nonpoint source projects 
identified pursuant to s. 403.067(7)(e), F.S. 
  BILL: CS/CS/SB 1632   	Page 40 
 
The bill amends existing reporting requirements to require the DEP to submit an annual report 
regarding the projects funded pursuant to this section to the Governor and the Legislature 
beginning January 15, 2024. The report must include a list of those projects receiving funding 
and the following information for each project: 
 A description of the project; 
 The cost of the project; 
 The estimated nutrient load reduction of the project; 
 The location of the project; 
 The waterbody or waterbodies where the project will reduce nutrients; and 
 The total cost share being provided for the project. 
 
Section 18 amends s. 403.086, F.S., which prohibits sewage disposal facilities from disposing of 
any wastes into certain specified waters
243
 without providing advanced waste treatment approved 
by the DEP. The bill amends this provision by requiring sewage disposal facilities to provide 
advanced waste treatment—or a more stringent treatment standard if the 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 not attaining 
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 waterbody not attaining nutrient or nutrient-related standards 
after July 1, 2023, or subject to a nutrient or nutrient-related BMAP or adopted RAP after July 1, 
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.
244
 The bill removes this provision. 
 
Section 19 amends s. 570.71, F.S., regarding agricultural conservation easements and 
agreements. The bill requires DACS to adopt rules that give funding preference to lands in 
imminent danger of development or degradation or lands within the Florida Wildlife Corridor. 
 
The bill also provides that, notwithstanding any other law or rule, DACS must submit a purchase 
agreement authorized by this section to the Board of Trustees of the Internal Improvement Trust 
Fund for approval only if the purchase price exceeds $5 million. 
 
                                                
243
 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. 
244
 Section 403.086(1)(c), F.S.  BILL: CS/CS/SB 1632   	Page 41 
 
Section 20 amends s. 570.715, F.S., regarding conservation easement acquisition procedures. 
The bill raises the property value threshold for when two appraisals is required for the 
acquisition of agricultural conservation easements and agreements from $1 million to $5 million. 
 
Sections 21 through 32 make conforming changes.  
 
Section 33 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. The bill also requires DACS to disclose appraisal reports to private 
landowners or their representatives during negotiations for acquisitions. 
 
Section 34 provides that this act fulfills an important state interest. 
 
Section 35 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. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None.  BILL: CS/CS/SB 1632   	Page 42 
 
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 onsite sewage treatment and disposal systems (OSTDSs) for new 
developments.  
C. Government Sector Impact: 
The Department of Environmental Protection (DEP) may incur costs related to 
implementing the Indian River Lagoon Protection Program, including adopting rules. 
These costs can be handled within existing resources. DEP may also incur costs from the 
permit review process in the bill and to support the continuation of the OSTDS technical 
advisory committee. 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, 259.105, 373.501, 373.802, 373.807, 373.811, 375.041, 381.0065, 381.00652, 
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, 259.045, 570.71, and 
570.715. 
 
This bill creates sections 120.5436 and 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.) 
CS by Fiscal Policy on April 25, 2023: 
 Amends the requirement that a local government must plan to provide sanitary sewer 
services to certain parcels to provide that a local government must only consider the 
feasibility of providing such services; 
 Requires the Department of Environmental Protection (DEP) to consider whether a 
project previously received state funding when prioritizing projects for the water 
quality improvement grant program;  
 Provides that, for certain areas where sewer is not available, a wastewater treatment 
system must achieve at least 65 percent nitrogen reduction;   BILL: CS/CS/SB 1632   	Page 43 
 
 Provides that, regarding the acquisition of state lands, property value must be based 
upon the reasonable market value of the property considering those uses that are 
legally permissible, physically possible, financially feasible, and maximally 
productive; 
 Requires DEP and each water management district to review and report on their 
permitting processes by July 1, 2024;  
 Raises the property value threshold for when two appraisals are required for the 
acquisition of agricultural conservation easements and agreements from $1 million to 
$5 million; 
 Requires DEP and the Department of Agriculture and Consumer Services (DACS) to 
disclose otherwise confidential appraisal reports to private landowners or their 
representatives during negotiations for the acquisition of state lands or conservation 
easements; 
 Specifies that, for Florida Forever projects and agricultural conservation easements 
and agreements, priority must be given to certain lands/projects, including those in 
imminent danger of development; 
 Requires DACS to submit an updated acquisition priority list by March 1, 2024;  
 Appropriates $100 million annually to DEP for the acquisition of land under the 
Florida Forever Act;  
 Saves from repeal the section of law establishing the onsite sewage treatment and 
disposal systems technical advisory committee and requires the committee to submit 
its recommendations to the Governor and Legislature annually; and 
 Requires coordination with DACS to identify and prioritize projects that will improve 
the water quality of certain impaired waters. 
 
CS by Environment and Natural Resources Committee on March 20, 2023: 
 Provides that the Board of Trustees of the Internal Improvement Fund must designate 
an agency or agencies to manage lands concurrent with the approval of the 
acquisition contract for Florida Forever projects. The requirement that this 
designation be concurrent with the approval of the contract was removed in the 
underlying bill, and the amendment restores that language; 
 Adds the following language to the definition of “best management practices” to 
make it consistent with other statutory definitions of this term: “Best management 
practices for agricultural discharges shall reflect a balance between water quality 
improvements and agricultural productivity;” 
 Adds technical specificity to the definition of nutrient or nutrient-related standards; 
 Changes “waters of this state” to “waters of the state,” restoring existing law and 
correcting a term of art; 
 Specifies that projects in the agricultural element will be cost-effective and 
technically and financially practical regional agricultural nutrient reduction projects 
and can include more types of projects than those expressly listed in the statute. The 
amendment adds that the cost estimate for projects on the list is a “planning-level” 
cost estimate. The amendment also clarifies that the list of projects will achieve the 
needed pollutant load reductions in combination with the best management practices, 
additional measures, and other management strategies;  BILL: CS/CS/SB 1632   	Page 44 
 
 Reorganizes the types of waters/areas that the grant program is intended to be utilized 
for and clarifies that the grants are for projects that reduce the nutrients entering those 
waters; and  
 Changes the term “impaired” to “not attaining nutrient or nutrient-related standards” 
in the provisions relating to advanced waste treatment. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.