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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 climate resilience and drinking 2
water standards; creating s. 380.0939, F.S.; providing 3
definitions; requiring the Department of Environmental 4
Protection to establish the Blue Communities Program 5
for specified purposes; providing duties o f the 6
department; authorizing the department to delegate 7
specified initiatives; providing blue community 8
eligibility requirements; requiring the department to 9
establish the Blue Communities Fund for specified 10
purposes; providing reporting requirements; cre ating 11
s. 380.245, F.S.; providing a short title; providing 12
definitions; establishing an advisory board within the 13
department; providing for membership; establishing the 14
Ocean State Climate Adaptation and Resilience Grant 15
Fund within the department; specify ing sources and 16
uses of funding; specifying project eligibility 17
requirements; providing duties of the department and 18
the Florida Oceans and Coastal Council; providing 19
reporting requirements; requiring the department and 20
the council to jointly adopt rules; creating s. 21
379.27, F.S.; providing legislative findings; 22
establishing the Marine Resources Conservation Account 23
within the Marine Resources Conservation Trust Fund to 24
be administered by the Fish and Wildlife Conservation 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Commission; specifying sources and uses of funding; 26
providing for administrative procedures; requiring the 27
department to adopt rules; amending s. 403.853, F.S.; 28
requiring the department, or a local county health 29
department designated by the department, to monitor 30
the level of forever chemi cals in certain water 31
systems; defining the term "forever chemicals"; 32
providing monitoring standards for forever chemicals; 33
requiring the department to adopt rules by a specified 34
date; providing an effective date. 35
36
Be It Enacted by the Legislature of t he State of Florida: 37
38
Section 1. Section 380.0939, Florida Statutes, is created 39
to read: 40
380.0939 The Blue Communities Program. — 41
(1) For purposes of this section, the term: 42
(a) "Coastal waters" has the same meaning as in s. 43
373.019. 44
(b) "Department" means the Department of Environmental 45
Protection. 46
(c) "Eutrophication" means a process that creates 47
excessive plant and algal growth because of the increased 48
availability of one or more limiting growth factors needed for 49
photosynthesis, such as sun light, carbon dioxide, and nutrient 50
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fertilizers, which causes the death of animal life. 51
(d) "Nutrient pollution" means excess amounts of nutrients 52
from point and nonpoint sources which may lead to 53
eutrophication. 54
(e) "Program" means the Blue Communitie s Program created 55
in this section. 56
(f) "Watershed" has the same meaning as in s. 373.403(12). 57
(2)(a) The Blue Communities Program is established within 58
the department to incentivize local action to reduce nutrient 59
pollution and ocean acidification in t he coastal waters, fresh 60
waters, and watersheds. The program shall provide technical and 61
financial assistance, in the form of grants and loans, to local 62
governments that qualify as blue communities under this section. 63
(b) The department may delegate cert ain initiatives within 64
the program to departments, divisions, or offices. The 65
department may also integrate certain initiatives within the 66
program with existing programs, including the total maximum 67
daily load program as set forth in s. 403.067. 68
(3) To qualify as a blue community, a local government 69
must: 70
(a) File an application with the department in a form and 71
manner prescribed by the department. 72
(b) Adopt at least five of the following initiatives: 73
1. A liquid hazardous waste program which advertises 74
detergents, cleaning products, and other hazardous or nutrient -75
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dense liquids that cannot be safely discarded or flushed or 76
poured down drains and through which the producer of such liquid 77
hazardous waste is responsible for collecting and properl y 78
disposing of such liquids. 79
2. A model groundwater protection regulation proposed by 80
the applicable water management district that limits the total 81
area of land covered by impervious surfaces to reduce runoff, 82
particularly in areas closest to coastal wa ters. 83
3. A water conservation ordinance as set forth in s. 84
166.048. 85
4. An ordinance contained within the "Florida -Friendly 86
Landscape Guidance Models for Ordinances, Covenants, and 87
Restrictions" manual developed by the department, or the Model 88
Ordinance for Florida-Friendly Fertilizer Use on Urban 89
Landscapes pursuant to s. 403.9337. 90
5. A shell collection system for local businesses to 91
return carbonate shells to the ocean. 92
6. A shellfish or seagrass regenerative ocean farming 93
operation or shellfish or seagrass restoration project which is 94
consistent with work conducted by the Seagrass Restoration 95
Technology Development Initiative. 96
7. A water quality monitoring system for waterbodies for 97
which total maximum daily loads have not been established, which 98
includes monitoring levels of pH, phosphorus, and nitrogen. 99
8. A plan to eliminate municipal -owned sanitary sewer or 100
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combined sewer overflows. 101
9. A stormwater utility program to fund upgrades to 102
stormwater infrastructure as set forth in s. 403.0893. 103
(c) Develop a blue community plan that prioritizes 104
implementation of the initiatives in paragraph (b) in 105
environmental justice communities and outlines specific metrics 106
for implementing each initiative. 107
(d) Report the expenditures and results of the blu e 108
community plan to the Executive Office of the Governor and the 109
chairs of the applicable committees of the Legislature every 2 110
years after the date on which the application is approved by the 111
department. 112
(4) The department shall establish the Blue Commu nities 113
Fund, which shall be used to finance the program and all or a 114
portion of the costs of studying, designing, constructing, and 115
implementing ocean acidification mitigation programs. The 116
department may integrate this fund with other similar funds. 117
Funds shall be appropriated annually by the state and include, 118
among other sources, moneys obtained from: 119
(a) The Marine Resources Conservation Trust Fund. 120
(b) The sales tax on fertilizers. 121
(c) Other sources of revenue related to carbon reduction, 122
the fishing industry, and environmental protection. 123
(5) The department must provide administration and 124
oversight to the program, including by: 125
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(a) Adopting rules and guidelines to administer and 126
enforce this section, including establishing applicant criteria, 127
application forms, and funding priorities and detailing 128
requirements for the structure in paragraph (b). 129
(b) Adopting a structure for communities to receive 130
funding that provides greater amounts of funding to communities 131
that adopt a greater number of i nitiatives. 132
(c) Submitting an annual report by September 1 to the 133
President of the Senate, the Speaker of the House of 134
Representatives, and the chairs of the appropriations committees 135
of the Legislature detailing the expenditures and results of the 136
program. 137
Section 2. Section 380.245, Florida Statutes, is created 138
to read: 139
380.245 Ocean state climate adaptation and resilience. — 140
(1) This section may be cited as the "Ocean State Climate 141
Adaptation and Resilience Act." 142
(2) For purposes of this secti on, the term: 143
(a) "Adaptation and resilience projects" or "projects" 144
means those projects on public land that protect or enhance 145
coastal or riverine habitats to address climate change impacts. 146
The term includes projects that reduce the vulnerability of low-147
lying infrastructure on public land through measures that 148
include removal and relocation of infrastructure and restoration 149
of river and stream floodplains, including the regrading of 150
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banks, revegetation, acquisition of land necessary to maintain 151
and preserve public access, and redesigning, resizing, and 152
replacing culverts and bridge spans at existing wetland 153
crossings. 154
(b) "Climate change impacts" means and includes, but is 155
not limited to, flooding, erosion, sea -level rise, and storm 156
surge. 157
(c) "Council" means the Florida Oceans and Coastal Council 158
created under chapter 161. 159
(d) "Director" means the director of the Division of Water 160
Resource Management. 161
(e) "Infrastructure" means roads, parking lots, and other 162
paved surfaces, shoreline protection structures, buildings, 163
water control structures, culverts, other structures, and 164
development remnants. 165
(f) "Public lands" has the same meaning as in s. 317.0003. 166
(g) "Shoreline protection structures" means revetments, 167
bulkheads, seawalls and floodwalls, breakwaters, jetties, and 168
other structures, the purpose or effect of which is to control 169
the erosion of coastal or river features, and includes any sheet 170
pile, concrete, or stone walls. 171
(3) An advisory board is established within the department 172
to consist of the following members: 173
(a) The Secretary of Environmental Protection or his or 174
her designee. 175
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(b) The director or his or her designee. 176
(c) The director of the relevant state planning unit 177
within the Department of Commerce or his or her designee. 178
(d) The director of the Division of Emergency Management 179
or his or her designee. 180
(4)(a) The Ocean State Climate Adaptation and Resilience 181
Grant Fund (OSCAR Grant Fund) is established within the 182
department. 183
(b) The OSCAR Grant Fund shall consist of: 184
1. Appropriations from the Legislature. 185
2. Funding received from federal, state, or other s ources, 186
including bond funds. 187
3. Funding received from any private donor. 188
4. Any interest earned on the OSCAR Grant Fund. 189
(c) Grant funds shall be used to carry out the purposes of 190
this section as follows: 191
1. The administrative expenses require d to carry out the 192
activities of the projects as described in this section may not 193
exceed $50,000 each for the council and the department annually, 194
which sum may not include the cost of issuing bonds or notes, if 195
applicable. The department and the council must submit annual 196
budget requests for their administrative and implementation 197
costs of the projects to the Legislature. 198
2. The planning, design, engineering, construction, and 199
monitoring of projects which must be approved by the department 200
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and the council upon recommendation of the advisory board. Only 201
grants approved through the process established by the 202
department and the council are eligible for funding under this 203
section. Subject to the availability of funds in the grant fund, 204
the Legislative Budge t Commission shall award funding upon 205
receipt of written approval of the department and the council. 206
(d) Factors to be taken into consideration by the advisory 207
board in determining the eligibility and priority of projects 208
for funding must include: 209
1. Consistency with the following, if applicable: 210
a. The council's most recent projections for sea -level 211
rise. 212
b. A coastal habitat restoration strategy. 213
c. The applicable best management practices plan. 214
d. Other applicable state and federal laws. 215
2. The ability and authority of the applicant to carry out 216
and properly maintain the project. 217
3. Whether the project will enhance public access to 218
public land. 219
4. The degree, risk, or extent of infrastructure 220
degradation on public land. 221
5. The extent of the public's use of the public land. 222
6. The proposed milestones to ensure that the project is 223
completed as designed and approved. 224
7. Whether the project will create or replace habitat 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
losses that benefit fish and wildlife resources. 226
8. Potential water quality improvements. 227
9. Potential improvements to fish and wildlife habitats 228
for rare or endangered species under the federal Endangered 229
Species Act, 16 U.S.C. s. 1531 et seq. 230
10. The level and extent of collaboration with partne rs 231
such as municipalities, counties, nongovernmental organizations, 232
watershed councils, and federal agencies. 233
11. Overall potential benefits to the public and estimated 234
timeframe for the public to realize such benefits. 235
(5)(a) Grant funds shall be us ed solely for adaptation and 236
resilience projects as set forth in this section. 237
(b) Grant funds may not be used for: 238
1. Mitigating any current, planned, or future projects 239
that degrade, fill, or otherwise destroy coastal, estuarine, or 240
riverine habitats. 241
2. Fulfilling any liability for restoration required by 242
any local, state, or federal agency pursuant to an environmental 243
or a public health enforcement action. 244
3. With the exception of culverts, elevating, repairing, 245
or replacing existing infrast ructure, or constructing new 246
infrastructure, in a location experiencing climate change 247
impacts. 248
4. Constructing new or repairing existing shoreline 249
protection structures; provided, however, that existing 250
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shoreline protection structures located in public parks may be 251
repaired. 252
5. Constructing roads or bridges. 253
(6)(a) The department and the council shall jointly 254
establish and execute a process, at least annually, for the 255
solicitation, evaluation, and award of grant funds for projects 256
that meet the requirements in this section. The department and 257
the council shall forward written notifications of approval of a 258
project application to the Legislative Budget Commission. 259
(b) The department and the council shall jointly submit a 260
report to the President of the Senate and the Speaker of the 261
House of Representatives no later than the 10th day following 262
the convening of each regular session. The report shall include 263
all of the following: 264
1. The amount of grant funds awarded during the preceding 265
fiscal year. 266
2. A brief summary of the projects that received funding 267
and a timeline of implementation of such projects. 268
3. Any other information requested by the Legislature. 269
(7) The department and the council shall jointly adopt 270
rules as necessary to admini ster and enforce this section. 271
Section 3. Section 379.27, Florida Statutes, is created to 272
read: 273
379.27 Ocean stewardship and marine resources; legislative 274
findings; purposes; funding. — 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(a) The Legislature finds that Florida's ocean waters 276
and its marine resources are some of the state's most 277
ecologically, economically, and culturally valuable 278
environmental assets. 279
(b) The Legislature further finds that the increasing 280
popularity of marine ecotourism requires greater measures to 281
ensure the continued health of marine ecosystems. The broad 282
range of recently documented anthropogenic impacts on coral reef 283
health, including coral bleaching, vessel groundings, anchoring 284
and mooring, diving activities, poaching, land - and water-based 285
pollutant discharges, and other direct and indirect uses of the 286
state's coral reefs, indicate that the state may need a more 287
consistent and reliable source of funding to manage, protect, 288
and restore its marine resources. A sustainable funding source 289
is especially critical t o create a cohesive network of nearshore 290
areas that benefits fisheries and ecosystem resilience. 291
(2) The purpose of this section is to establish an account 292
for the collection and use of moneys for the conservation, 293
restoration, and enhancement of the sta te's marine resources. 294
(3)(a) The Marine Resources Conservation Account is 295
established within the Marine Resources Conservation Trust Fund 296
to be administered by the commission. 297
(b) The following shall be deposited into the Marine 298
Resources Conservation Account: 299
1. Revenues due to the state from leases of any lands, 300
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facilities, equipment, and other property owned by the 301
department and used for or dedicated to the management, 302
research, restoration, or enhancement of marine resources. 303
2. Moneys collected for the purposes of compensatory 304
mitigation from federal - or state-permitted impacts to the 305
marine environment. 306
3. Grants, awards, donations, gifts, transfers, or moneys 307
derived from private or public sources, except: 308
a. Monetary contributions or mo neys collected from the 309
sale of nonmonetary gifts to benefit sport fish or sport 310
fishing. 311
b. Monetary contributions or moneys collected from the 312
sale of nonmonetary gifts to benefit aquatic life used for 313
commercial purposes or fishing for commercial purp oses. 314
4. Moneys derived from interest or dividends on the 315
account. 316
(4) The Marine Resources Conservation Account shall be 317
used to: 318
(a) Develop and carry out marine resource conservation, 319
restoration, enhancement, research, regulatory measures, 320
enforcement actions, educational activities, or any other 321
management measure intended to conserve, restore, and enhance 322
marine resources under the jurisdiction of the state. 323
(b) Develop and carry out restoration and compensatory 324
mitigation measures for i mpacts to the marine environment, 325
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including impacts to the marine environment from federal - or 326
state-permitted actions. 327
(c) Install, maintain, and replace day use mooring buoys 328
and other infrastructure to reduce impacts to the marine 329
ecosystem. 330
(5)(a) The Marine Resources Conservation Account shall be 331
held separate and apart from all other moneys, funds, and 332
accounts in the department, provided that any moneys received 333
from the federal government, through federal programs, or from 334
private contributions shall be deposited and accounted for in 335
accordance with conditions established by the agency or private 336
entity from which the moneys were received. Any balance 337
remaining in the account at the end of any fiscal year shall be 338
carried forward in the account f or the next fiscal year. 339
(b) The proceeds of the Marine Resources Conservation 340
Account may not be used as security for, or pledged to the 341
payment of principal or interest on, any bonds or instruments of 342
indebtedness. 343
(c) General revenue funds or funds from other programs and 344
activities may be used to implement or enforce other laws to 345
manage and conserve the state's ocean waters and marine 346
resources. 347
(6) The department shall adopt rules to implement this 348
section. 349
Section 4. Subsection (8) is added to section 403.853, 350
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Florida Statutes, to read: 351
403.853 Drinking water standards. — 352
(8)(a) The department, or a local county health department 353
designated by the department, shall monitor the level of forever 354
chemicals in community water systems and nontransient 355
noncommunity water systems using the national primary drinking 356
water regulations in effect at such time . For purposes of this 357
subsection, the term "forever chemicals" means per - and 358
polyfluoroalkyl substances, otherwise known as "PFAS," including 359
perfluorooctanoic acid, perfluorooctane sulfonic acid, 360
perfluorohexane sulfonic acid, perfluorononanoic acid, and 361
perfluoroheptanoic acid. 362
(b) If the presence of forever chemicals is detectable at 363
or above each analyte's lowest concentration minimum repo rting 364
level, as specified in the standard laboratory methods 365
established by the United States Environmental Protection 366
Agency, and the level is below the United States Environmental 367
Protection Agency health advisory level of 70 parts per 368
trillion, either individually or in combination with other 369
detectable forever chemicals , the department, or a local county 370
health department designated by the department, shall annually 371
monitor the level of forever chemicals in community water 372
systems and nontransient noncommunity water systems. 373
(c) By September 1, 2024, the department shall adopt rules 374
for purposes of this subsection, including establishing an 375
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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
enforceable maximum contaminant level for forever chemicals. 376
Section 5. This act shall take effect July 1, 2024. 377