Florida Senate Bill S0738 Engrossed / Bill

 CS for CS for CS for SB 738  First Engrossed (ntc) 2024738e1 1 A bill to be entitled 2 An act relating to environmental management; amending 3 s. 373.4131, F.S.; requiring that nonindustrial 4 stormwater management systems be designed with side 5 slopes that meet certain minimum design requirements; 6 providing an exception; superseding certain side slope 7 rules; amending s. 376.313, F.S.; revising 8 construction relating to causes of action for damages 9 to real or personal property directly resulting from 10 certain discharges or other conditions of pollution; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Subsection (7) is added to section 373.4131, 16 Florida Statutes, to read: 17 373.4131Statewide environmental resource permitting 18 rules. 19 (7)For purposes of water quality, a nonindustrial 20 stormwater management system, in or adjacent to residential or 21 urban areas that are accessible to the general public, side 22 slope must be designed, except as provided in paragraph (a), 23 with a horizontal-to-vertical ratio no steeper than 4:1 to a 24 depth of at least 2 feet below the control elevation and must be 25 stabilized with vegetation to prevent erosion and provide for 26 pollutant removal. 27 (a)A nonindustrial stormwater management system, in or 28 adjacent to residential or urban areas that are accessible to 29 the general public, side slope may be designed with a steeper 30 than 4:1 horizontal-to-vertical ratio if the slope incorporates 31 adequate temporary and permanent erosion and sediment control 32 best management practices. 33 (b)All side slope rules adopted by the department, water 34 management districts, or delegated local programs under this 35 part as of July 1, 2024, are superseded by this subsection and 36 may be repealed without further rulemaking pursuant to s. 120.54 37 by publication of a notice of repeal in the Florida 38 Administrative Register and subsequent filing of a list of the 39 rules repealed with the Department of State. 40 Section 2.Subsection (3) of section 376.313, Florida 41 Statutes, is amended to read: 42 376.313Nonexclusiveness of remedies and individual cause 43 of action for damages under ss. 376.30-376.317. 44 (3)Except as provided in s. 376.3078(3) and (11), nothing 45 contained in ss. 376.30-376.317 do not prohibit a prohibits any 46 person from bringing a cause of action in a court of competent 47 jurisdiction for all damages to real or personal property 48 directly resulting from a discharge or other condition of 49 pollution covered by ss. 376.30-376.317 and which was not 50 authorized by any government approval or permit issued pursuant 51 to chapter 373, chapter 376, or chapter 403. Nothing in This 52 chapter does not shall prohibit or diminish a partys right to 53 contribution from other parties jointly or severally liable for 54 a prohibited discharge of pollutants or hazardous substances or 55 other pollution conditions. Except as otherwise provided in 56 subsection (4) or subsection (5), in any such suit, it is not 57 necessary for such person to plead or prove negligence in any 58 form or manner. Such person need only plead and prove the fact 59 of the prohibited discharge or other pollutive condition and 60 that it has occurred. The only strict-liability exceptions 61 defenses to such cause of action are shall be those specified in 62 s. 376.308 or s. 376.82. 63 Section 3.This act shall take effect July 1, 2024.