CS/HB 789 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to environmental management; amending 2
s. 373.4131, F.S.; requiring that nonindustrial 3
stormwater management systems be designed with side 4
slopes that meet certain minimum design requirements; 5
providing an exception; superseding certain side slope 6
rules; amending s. 376.313, F.S.; revising 7
construction relating to causes of action for damages 8
to real or personal property directly resulting fr om 9
certain discharges or other conditions of pollution; 10
providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Subsection (7) is added to section 373.4131, 15
Florida Statutes, to read: 16
373.4131 Statewide environmental resource permitting 17
rules.— 18
(7) A nonindustrial stormwater management system, in or 19
adjacent to residential or urban areas that are accessible to 20
the general public, side slope must be designed, except as 21
provided in paragraph (a), with a horizontal-to-vertical ratio 22
no steeper than 4:1 to a depth of at least 2 feet below the 23
control elevation and must be stabilized with vegetation to 24
prevent erosion and provide for pollutant removal. 25
CS/HB 789 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) A nonindustrial stormwater management system, in o r 26
adjacent to residential or urban areas that are accessible to 27
the general public, side slope may be designed with a steeper 28
than 4:1 horizontal-to-vertical ratio if the slope incorporates 29
adequate temporary and permanent erosion and sediment control 30
best management practices. A system designed or authorized to be 31
steeper than 4:1 must be fenced, greenscaped, or other barriers 32
installed sufficiently to prevent accidental incursion into the 33
system. 34
(b) All side slope rules adopted by the department, water 35
management districts, or delegated local programs under this 36
part as of July 1, 2024, are superseded by this subsection and 37
may be repealed without further rulemaking pursuant to s. 120.54 38
by publication of a notice of repeal in the Florida 39
Administrative Register and subsequent filing of a list of the 40
rules repealed with the Department of State. 41
Section 2. Subsection (3) of section 376.313, Florida 42
Statutes, is amended to read: 43
376.313 Nonexclusiveness of remedies and individual cause 44
of action for damages under ss. 376.30 -376.317.— 45
(3) Except as provided in s. 376.3078(3) and (11), nothing 46
contained in ss. 376.30-376.317 do not prohibit a prohibits any 47
person from bringing a cause of action in a court of competent 48
jurisdiction for all damages to real or personal property 49
directly resulting from a discharge or other condition of 50
CS/HB 789 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pollution covered by ss. 376.30 -376.317 and which was not 51
authorized by any government approval or permit issued pursuant 52
to chapter 373, chapter 376, or chapter 403. Nothing in This 53
chapter does not shall prohibit or diminish a party's right to 54
contribution from other parties jointly or severally liable for 55
a prohibited discharge of pollutants or hazardous substances or 56
other pollution conditions. Except as otherwise provide d in 57
subsection (4) or subsection (5), in any such suit, it is not 58
necessary for such person to plead or prove negligence in any 59
form or manner. Such person need only plead and prove the fact 60
of the prohibited discharge or other pollutive condition and 61
that it has occurred. The only strict-liability exceptions 62
defenses to such cause of action are shall be those specified in 63
s. 376.308 or s. 376.82. 64
Section 3. This act shall take effect July 1, 2024. 65