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part as of July 1, 2024, are superseded by this subsection and 35
may be repealed without f urther rulemaking pursuant to s. 120.54 36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rules repealed with the Department of State. 39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