Florida Senate Bill S1386 Introduced / Bill

 Florida Senate - 2024 SB 1386  By Senator Calatayud 38-00749A-24 20241386__ 1 A bill to be entitled 2 An act relating to the Department of Environmental 3 Protection; amending s. 253.04, F.S.; revising the 4 aquatic preserves within which a person may not 5 operate a vessel outside a lawfully marked channel 6 under certain circumstances; amending s. 258.39, F.S.; 7 declaring the Kristin Jacobs Coral Reef Ecosystem 8 Conservation Area an aquatic preserve area; amending 9 s. 373.250, F.S.; requiring each water management 10 district, in coordination with the department, to 11 develop rules that promote the use of reclaimed water 12 and encourage potable water offsets; providing 13 requirements for such rules; providing construction; 14 amending s. 380.093, F.S.; defining the term Florida 15 Flood Hub; revising the definition of the term 16 preconstruction activities; revising the purposes 17 for which counties and municipalities may use 18 Resilient Florida Grant Program funds; revising 19 vulnerability assessment requirements; revising 20 requirements for the development and maintenance of 21 the comprehensive statewide flood vulnerability and 22 sea level rise data set and assessment; requiring the 23 department to coordinate with the Chief Resilience 24 Officer and the Florida Flood Hub to update the data 25 set and assessment at specified intervals; revising 26 requirements for the Statewide Flooding and Sea Level 27 Rise Resilience Plan; revising the purposes of the 28 funding for regional resilience entities; making 29 technical changes; amending s. 381.0061, F.S.; 30 revising the violations for which the department may 31 impose a specified fine; providing legislative intent 32 regarding a phased transfer of the Department of 33 Healths Onsite Sewage Program to the Department of 34 Environmental Protection; requiring the Department of 35 Environmental Protection to coordinate with the 36 Department of Health regarding the identification and 37 transfer of certain equipment and vehicles under 38 certain circumstances; prohibiting the Department of 39 Health from implementing or collecting fees for the 40 program when the Department of Environmental 41 Protection begins implementing the program; providing 42 exceptions; amending s. 381.0065, F.S.; requiring the 43 Department of Environmental Protection to conduct 44 enforcement activities for violations of certain 45 onsite sewage treatment and disposal system 46 regulations in accordance with specified provisions; 47 specifying the departments authority with respect to 48 specific provisions; requiring the department to adopt 49 rules for a program for general permits for certain 50 projects; providing requirements for such rules; 51 revising department enforcement provisions; deleting 52 certain criminal penalties; requiring the damages, 53 costs, or penalties collected to be deposited into the 54 Water Quality Assurance Trust Fund rather than the 55 relevant county health department trust fund; 56 requiring the department to establish an enhanced 57 nutrient-reducing onsite sewage treatment and disposal 58 system approval program; authorizing the department to 59 contract with or delegate certain powers and duties to 60 a county; amending s. 381.0066, F.S.; requiring 61 certain fees to be deposited into the Florida Permit 62 Fee Trust Fund after a specified timeframe; amending 63 s. 403.061, F.S.; requiring counties to make certain 64 services and facilities available upon the direction 65 of the department; amending s. 403.064, F.S.; revising 66 legislative findings; revising the domestic wastewater 67 treatment facilities required to submit a reuse 68 feasibility study as part of a permit application; 69 revising the contents of a required reuse feasibility 70 study; revising the domestic wastewater facilities 71 required to implement reuse under certain 72 circumstances; revising applicability; revising 73 construction; amending s. 403.067, F.S.; requiring 74 certain facilities and systems to include a domestic 75 wastewater treatment plan as part of a basin 76 management action plan for nutrient total maximum 77 daily loads; amending s. 403.086, F.S.; requiring 78 wastewater treatment facilities within a basin 79 management action plan or reasonable assurance plan 80 area which provide reclaimed water for specified 81 purposes to meet advanced waste treatment or a more 82 stringent treatment standard under certain 83 circumstances; amending s. 403.091, F.S.; authorizing 84 certain department representatives to enter and 85 inspect premises on which an onsite sewage treatment 86 and disposal system is located or being constructed or 87 installed or where certain records are kept; revising 88 requirements for such access; revising the 89 circumstances under which an inspection warrant may be 90 issued; amending s. 403.121, F.S.; revising department 91 enforcement provisions; revising administrative 92 penalty calculations for failure to obtain certain 93 required permits and for certain violations; amending 94 ss. 403.0671 and 403.0673, F.S.; conforming provisions 95 to changes made by the act; reenacting s. 96 327.73(1)(x), F.S., relating to noncriminal 97 infractions, to incorporate the amendment made to s. 98 253.04, F.S., in a reference thereto; reenacting ss. 99 381.0072(4)(a) and (6)(a), 381.0086(4), 381.0098(7), 100 and 513.10(2), F.S., relating to food service 101 protection, penalties, biomedical waste, and operating 102 without a permit, respectively, to incorporate the 103 amendment made to s. 381.0061, F.S., in references 104 thereto; providing an effective date. 105 106 Be It Enacted by the Legislature of the State of Florida: 107 108 Section 1.Paragraph (a) of subsection (3) of section 109 253.04, Florida Statutes, is amended to read: 110 253.04Duty of board to protect, etc., state lands; state 111 may join in any action brought. 112 (3)(a)The duty to conserve and improve state-owned lands 113 and the products thereof includes shall include the preservation 114 and regeneration of seagrass, which is deemed essential to the 115 oceans, gulfs, estuaries, and shorelines of the state. A person 116 operating a vessel outside a lawfully marked channel in a 117 careless manner that causes seagrass scarring within an aquatic 118 preserve established in ss. 258.39-258.3991 ss. 258.39-258.399, 119 with the exception of the Lake Jackson, Oklawaha River, Wekiva 120 River, and Rainbow Springs aquatic preserves, commits a 121 noncriminal infraction, punishable as provided in s. 327.73. 122 Each violation is a separate offense. As used in this 123 subsection, the term: 124 1.Seagrass means Cuban shoal grass (Halodule wrightii), 125 turtle grass (Thalassia testudinum), manatee grass (Syringodium 126 filiforme), star grass (Halophila engelmannii), paddle grass 127 (Halophila decipiens), Johnsons seagrass (Halophila johnsonii), 128 or widgeon grass (Ruppia maritima). 129 2.Seagrass scarring means destruction of seagrass roots, 130 shoots, or stems that results in tracks on the substrate 131 commonly referred to as prop scars or propeller scars caused by 132 the operation of a motorized vessel in waters supporting 133 seagrasses. 134 Section 2.Subsection (33) is added to section 258.39, 135 Florida Statutes, to read: 136 258.39Boundaries of preserves.The submerged lands 137 included within the boundaries of Nassau, Duval, St. Johns, 138 Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte, 139 Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee, 140 Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa, 141 Hernando, and Escambia Counties, as hereinafter described, with 142 the exception of privately held submerged lands lying landward 143 of established bulkheads and of privately held submerged lands 144 within Monroe County where the establishment of bulkhead lines 145 is not required, are hereby declared to be aquatic preserves. 146 Such aquatic preserve areas include: 147 (33)Kristin Jacobs Coral Reef Ecosystem Conservation Area, 148 as designated by chapter 2021-107, Laws of Florida, the 149 boundaries of which consist of the sovereignty submerged lands 150 and waters of the state offshore of Broward, Martin, Miami-Dade, 151 and Palm Beach Counties from the St. Lucie Inlet to the northern 152 boundary of the Biscayne National Park. 153 154 Any and all submerged lands theretofore conveyed by the Trustees 155 of the Internal Improvement Trust Fund and any and all uplands 156 now in private ownership are specifically exempted from this 157 dedication. 158 Section 3.Subsection (9) is added to section 373.250, 159 Florida Statutes, to read: 160 373.250Reuse of reclaimed water. 161 (9)To promote the use of reclaimed water and encourage 162 potable water offsets that produce significant water savings 163 beyond those required in a consumptive use permit, each water 164 management district, in coordination with the department, shall 165 develop rules by December 31, 2025, which provide all of the 166 following: 167 (a)If an applicant proposes a water supply development or 168 water resource development project using reclaimed water as part 169 of an application for consumptive use, the applicant is eligible 170 for a permit duration of up to 30 years if there is sufficient 171 data to provide reasonable assurance that the conditions for 172 permit issuance will be met for the duration of the permit. 173 Rules developed pursuant to this paragraph must include, at a 174 minimum: 175 1.A requirement that the permittee demonstrate how 176 quantifiable groundwater or surface water savings associated 177 with the new water supply development or water resource 178 development project helps meets water demands beyond a 20-year 179 permit duration or is completed to benefit a waterbody with a 180 minimum flow or minimum water level with a recovery or 181 prevention strategy; and 182 2.Guidelines for a district to follow in determining the 183 permit duration based on the projects implementation. 184 185 This paragraph does not limit the existing authority of a water 186 management district to issue a shorter duration permit to 187 protect from harm the water resources or ecology of the area, or 188 to otherwise ensure compliance with the conditions for permit 189 issuance. 190 (b)Authorization for a consumptive use permittee to seek a 191 permit extension of up to 10 years if the permittee proposes a 192 water supply development or water resource development project 193 using reclaimed water during the term of its permit which 194 results in the reduction of groundwater or surface water 195 withdrawals or is completed to benefit a waterbody with a 196 minimum flow or minimum water level with a recovery or 197 prevention strategy. Rules associated with this paragraph must 198 include, at a minimum: 199 1.A requirement that the permittee be in compliance with 200 the permittees consumptive use permit; 201 2.A requirement that the permittee demonstrate how the 202 quantifiable groundwater or surface water savings associated 203 with the new water supply development or water resource 204 development project helps meet water demands beyond the issued 205 permit duration or benefits a waterbody with a minimum flow or 206 minimum water level with a recovery or prevention strategy; 207 3.A requirement that the permittee demonstrate a water 208 demand for the permits allocation through the term of the 209 extension; and 210 4.Guidelines for a district to follow in determining the 211 number of years extended, including a minimum year requirement, 212 based on the project implementation. 213 214 This paragraph does not limit the existing authority of a water 215 management district to protect from harm the water resources or 216 ecology of the area, or to otherwise ensure compliance with the 217 conditions for permit issuance. 218 Section 4.Present paragraphs (c) and (d) of subsection (2) 219 of section 380.093, Florida Statutes, are redesignated as 220 paragraphs (d) and (e), respectively, a new paragraph (c) is 221 added to that subsection, and present paragraph (c) of 222 subsection (2), paragraphs (b), (c), and (d) of subsection (3), 223 and subsections (4), (5), and (6) of that section are amended, 224 to read: 225 380.093Resilient Florida Grant Program; comprehensive 226 statewide flood vulnerability and sea level rise data set and 227 assessment; Statewide Flooding and Sea Level Rise Resilience 228 Plan; regional resilience entities. 229 (2)DEFINITIONS.As used in this section, the term: 230 (c)Florida Flood Hub means the Florida Flood Hub for 231 Applied Research and Innovation established pursuant to s. 232 380.0933. 233 (d)(c)Preconstruction activities means activities 234 associated with a project that addresses the risks of flooding 235 and sea level rise that occur before construction begins, 236 including, but not limited to, design of the project, permitting 237 for the project, surveys and data collection, site development, 238 solicitation, public hearings, local code or comprehensive plan 239 amendments, establishing local funding sources, and easement 240 acquisition. 241 (3)RESILIENT FLORIDA GRANT PROGRAM. 242 (b)Subject to appropriation, the department may provide 243 grants to each of the following entities: 244 1.A county or municipality to fund: 245 a.The costs of community resilience planning and necessary 246 data collection for such planning, including comprehensive plan 247 amendments and necessary corresponding analyses that address the 248 requirements of s. 163.3178(2)(f). 249 b.Vulnerability assessments that identify or address risks 250 of inland or coastal flooding and sea level rise. 251 c.Updates to the countys or municipalitys inventory of 252 critical assets, including regionally significant assets that 253 are currently or reasonably expected to be impacted by flooding 254 and sea level rise. The updated inventory must be submitted to 255 the department and, at the time of submission, must reflect all 256 such assets that are currently, or within 50 years may 257 reasonably be expected to be, impacted by flooding and sea level 258 rise. 259 d.The development of projects, plans, strategies, and 260 policies that enhance community preparations allow communities 261 to prepare for threats from flooding and sea level rise, 262 including adaptation plans that help local governments 263 prioritize project development and implementation across one or 264 more jurisdictions in a manner consistent with departmental 265 guidance. 266 e.d.Preconstruction activities for projects to be 267 submitted for inclusion in the Statewide Flooding and Sea Level 268 Rise Resilience Plan which that are located in a municipality 269 that has a population of 10,000 or fewer or a county that has a 270 population of 50,000 or fewer, according to the most recent 271 April 1 population estimates posted on the Office of Economic 272 and Demographic Researchs website. 273 f.e.Feasibility studies and the cost of permitting for 274 nature-based solutions that reduce the impact of flooding and 275 sea level rise. 276 g.The cost of permitting for projects designed to achieve 277 reductions in the risks or impacts of flooding and sea level 278 rise using nature-based solutions. 279 2.A water management district identified in s. 373.069 to 280 support local government adaptation planning, which may be 281 conducted by the water management district or by a third party 282 on behalf of the water management district. Such grants must be 283 used for the express purpose of supporting the Florida Flood Hub 284 for Applied Research and Innovation and the department in 285 implementing this section through data creation and collection, 286 modeling, and the implementation of statewide standards. 287 Priority must be given to filling critical data gaps identified 288 by the Florida Flood Hub for Applied Research and Innovation 289 under s. 380.0933(2)(a). 290 (c)A vulnerability assessment conducted pursuant to 291 paragraph (b) must encompass the entire county or municipality; 292 include all critical assets owned or maintained by the grant 293 applicant; and use the most recent publicly available Digital 294 Elevation Model and generally accepted analysis and modeling 295 techniques. An assessment may encompass a smaller geographic 296 area or include only a portion of the critical assets owned or 297 maintained by the grant applicant with appropriate rationale and 298 upon approval by the department. Locally collected elevation 299 data may also be included as part of the assessment as long as 300 it is submitted to the department pursuant to this paragraph. 301 1.The assessment must include an analysis of the 302 vulnerability of and risks to critical assets, including 303 regionally significant assets, owned or managed by the county or 304 municipality. 305 2.Upon completion of a vulnerability assessment, the 306 county or municipality shall submit to the department all of the 307 following: 308 a.A report detailing the findings of the assessment. 309 b.All electronic mapping data used to illustrate flooding 310 and sea level rise impacts identified in the assessment. When 311 submitting such data, the county or municipality shall include: 312 (I)Geospatial data in an electronic file format suitable 313 for input to the departments mapping tool. 314 (II)Geographic information system (GIS) data that has been 315 projected into the appropriate Florida State Plane Coordinate 316 System and that is suitable for the departments mapping tool. 317 The county or municipality must also submit metadata using 318 standards prescribed by the department. 319 c.An inventory A list of critical assets, including 320 regionally significant assets, that are currently, or within 50 321 years are reasonably expected to be, impacted by flooding and 322 sea level rise. 323 (d)A vulnerability assessment conducted pursuant to 324 paragraph (b) must do include all of the following: 325 1.Include peril of flood comprehensive plan amendments 326 that address the requirements of s. 163.3178(2)(f), if the 327 county or municipality is subject to such requirements and has 328 not complied with such requirements as determined by the 329 Department of Commerce Economic Opportunity. 330 2.Make use of the best available information through the 331 Florida Flood Hub as certified by the Chief Science Officer, in 332 consultation with the Chief Resilience Officer, including, as If 333 applicable, analyzing impacts related to the depth of: 334 a.Tidal flooding, including future high tide flooding, 335 which must use thresholds published and provided by the 336 department. To the extent practicable, the analysis should also 337 geographically display the number of tidal flood days expected 338 for each scenario and planning horizon. 339 b.Current and future storm surge flooding using publicly 340 available National Oceanic and Atmospheric Administration or 341 Federal Emergency Management Agency storm surge data. The 342 initial storm surge event used must equal or exceed the current 343 100-year flood event. Higher frequency storm events may be 344 analyzed to understand the exposure of a critical asset or 345 regionally significant asset. Publicly available National 346 Oceanic and Atmospheric Administration (NOAA) or Federal 347 Emergency Management Agency storm surge data may be used in the 348 absence of applicable data from the Florida Flood Hub. 349 c.To the extent practicable, rainfall-induced flooding 350 using a GIS-based spatiotemporal analysis or existing hydrologic 351 and hydraulic modeling results. Future boundary conditions 352 should be modified to consider sea level rise and high tide 353 conditions. Vulnerability assessments for rainfall-induced 354 flooding must include the depth of rainfall-induced flooding for 355 a 100-year storm and a 500-year storm, as defined by the 356 applicable water management district or, if necessary, the 357 appropriate federal agency. Future rainfall conditions should be 358 used, if available. Noncoastal communities must perform a 359 rainfall-induced flooding assessment. 360 d.To the extent practicable, compound flooding or the 361 combination of tidal, storm surge, and rainfall-induced 362 flooding. 363 3.Apply the following scenarios and standards: 364 a.All analyses in the North American Vertical Datum of 365 1988. 366 b.For a vulnerability assessment initiated after July 1, 367 2024, at a minimum least two local sea level rise scenarios, 368 which must include the 2022 NOAA 2017 National Oceanic and 369 Atmospheric Administration intermediate-low and intermediate 370 intermediate-high sea level rise scenarios or the statewide sea 371 level rise projections developed pursuant to paragraph (4)(a) 372 projections. 373 c.At least two planning horizons identified in the 374 following table which correspond with the appropriate 375 comprehensive statewide flood vulnerability and sea level rise 376 assessment for which the department, at the time of award, 377 determines such local vulnerability assessment will be 378 incorporated: 379 380 Year of assessment 20-year planning horizon50-year planning horizon 381 2024 2040 2070 382 2029 2050 2080 383 2034 2055 2085 384 2039 2060 2090 385 2044 2065 2095 386 2049 2070 2100 387 that include planning horizons for the years 2040 and 2070. 388 d.Local sea level data maintained by the Florida Flood Hub 389 which reflect the best available scientific information as 390 certified by the Chief Science Officer, in consultation with the 391 Chief Resilience Officer. If such data is not available, local 392 sea level data may be that has been interpolated between the two 393 closest NOAA National Oceanic and Atmospheric Administration 394 tide gauges; however, such. Local sea level data may be taken 395 from only one of the two closest NOAA tide gauges such gauge if 396 the gauge has a higher mean sea level or may be. Data taken from 397 an alternate tide gauge may be used with appropriate rationale 398 and department approval, as long as it is publicly available or 399 submitted to the department pursuant to paragraph (b). 400 (4)COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 401 LEVEL RISE DATA SET AND ASSESSMENT. 402 (a)By July 1, 2023, The department shall develop and 403 maintain complete the development of a comprehensive statewide 404 flood vulnerability and sea level rise data set sufficient to 405 conduct a comprehensive statewide flood vulnerability and sea 406 level rise assessment. In developing and maintaining the data 407 set, the department shall, in coordination with the Chief 408 Resilience Officer and the Florida Flood Hub for Applied 409 Research and Innovation, compile, analyze, and incorporate, as 410 appropriate, information related to vulnerability assessments 411 and critical asset inventories submitted to the department 412 pursuant to subsection (3) or any previously completed 413 assessments that meet the requirements of subsection (3). 414 1.The Chief Science Officer shall, in coordination with 415 the Chief Resilience Officer and the Florida Flood Hub necessary 416 experts and resources, develop statewide sea level rise 417 projections that incorporate temporal and spatial variability, 418 to the extent practicable, for inclusion in the data set. This 419 subparagraph does not supersede regionally adopted projections. 420 2.The data set must include information necessary to 421 determine the risks to inland and coastal communities, 422 including, but not limited to, elevation, tidal levels, and 423 precipitation. 424 (b)By July 1, 2024, The department, in coordination with 425 the Chief Resilience Officer and the Florida Flood Hub, shall 426 complete a comprehensive statewide flood vulnerability and sea 427 level rise assessment that identifies inland and coastal 428 infrastructure, geographic areas, and communities in this the 429 state which that are vulnerable to flooding and sea level rise 430 and the associated risks. 431 1.The department shall use the comprehensive statewide 432 flood vulnerability and sea level rise data set to conduct the 433 assessment. 434 2.The assessment must incorporate local and regional 435 analyses of vulnerabilities and risks, including, as 436 appropriate, local mitigation strategies and postdisaster 437 redevelopment plans. 438 3.The assessment must include an inventory of critical 439 assets, including regionally significant assets, that are 440 essential for critical government and business functions, 441 national security, public health and safety, the economy, flood 442 and storm protection, water quality management, and wildlife 443 habitat management, and must identify and analyze the 444 vulnerability of and risks to such critical assets. When 445 identifying critical assets for inclusion in the assessment, the 446 department shall also take into consideration the critical 447 assets identified by local governments and submitted to the 448 department pursuant to subsection (3). 449 4.The assessment must include the 20-year and 50-year 450 projected sea level rise at each active NOAA tidal gauge off the 451 coast of this state as derived from the statewide sea level rise 452 projections developed pursuant to paragraph (a). 453 (c)The department, in coordination with the Chief 454 Resilience Officer and the Florida Flood Hub, shall update the 455 comprehensive statewide flood vulnerability and sea level rise 456 data set with the best available information each year and shall 457 update the assessment at least every 5 years. The department may 458 update the data set and assessment more frequently if it 459 determines that updates are necessary to maintain the validity 460 of the data set and assessment. 461 (5)STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN. 462 (a)By December 1, 2021, and Each December 1 thereafter, 463 the department shall develop a Statewide Flooding and Sea Level 464 Rise Resilience Plan on a 3-year planning horizon and submit it 465 to the Governor, the President of the Senate, and the Speaker of 466 the House of Representatives. The plan must consist of ranked 467 projects that address risks of flooding and sea level rise to 468 coastal and inland communities in the state. All eligible 469 projects submitted to the department pursuant to this section 470 must be ranked and included in the plan. Each plan must include 471 a detailed narrative overview describing how the plan was 472 developed, including a description of the methodology used by 473 the department to determine project eligibility, a description 474 of the methodology used to rank projects, the specific scoring 475 system used, the project proposal application form, a copy of 476 each submitted project proposal application form separated by 477 eligible projects and ineligible projects, the total number of 478 project proposals received and deemed eligible, the total 479 funding requested, and the total funding requested for eligible 480 projects. 481 (b)The plan submitted by December 1, 2021, before the 482 comprehensive statewide flood vulnerability and sea level rise 483 assessment is completed, will be a preliminary plan that 484 includes projects that address risks of flooding and sea level 485 rise identified in available local government vulnerability 486 assessments and projects submitted by water management districts 487 that mitigate the risks of flooding or sea level rise on water 488 supplies or water resources of the state. The plan submitted by 489 December 1, 2022, and the plan submitted by December 1, 2023, 490 will be updates to the preliminary plan. The plan submitted by 491 December 1, 2024, and each plan submitted by December 1 492 thereafter:, 493 1.Shall primarily address risks of flooding and sea level 494 rise identified in the comprehensive statewide flood 495 vulnerability and sea level rise assessment; and 496 2.May include, at the discretion of the department in 497 consultation with the Chief Resilience Officer, other projects 498 submitted pursuant to paragraph (d) which address risks of 499 flooding and sea level rise to critical assets not yet 500 identified in the comprehensive statewide flood vulnerability 501 and sea level rise assessment. 502 (c)Each plan submitted by the department pursuant to this 503 subsection must include all of the following information for 504 each recommended project: 505 1.A description of the project. 506 2.The location of the project. 507 3.An estimate of how long the project will take to 508 complete. 509 4.An estimate of the cost of the project. 510 5.The cost-share percentage available for the project. 511 6.A summary of the priority score assigned to the project. 512 7.The project sponsor. 513 (d)1.By September 1, 2021, and Each September 1 514 thereafter, all of the following entities may submit to the 515 department a list of proposed projects that address risks of 516 flooding or sea level rise identified in the comprehensive 517 statewide flood vulnerability and sea level rise assessment or 518 vulnerability assessments that meet the requirements of 519 subsection (3): 520 a.Counties. 521 b.Municipalities. 522 c.Special districts as defined in s. 189.012 which that 523 are responsible for the management and maintenance of inlets and 524 intracoastal waterways or for the operation and maintenance of a 525 potable water facility, a wastewater facility, an airport, or a 526 seaport facility. 527 d.Regional resilience entities acting on behalf of one or 528 more member counties or municipalities. 529 530 For the plans submitted by December 1, 2024, such entities may 531 submit projects identified in existing vulnerability assessments 532 that do not comply with subsection (3) only if the entity is 533 actively developing a vulnerability assessment that is either 534 under a signed grant agreement with the department pursuant to 535 subsection (3) or funded by another state or federal agency, or 536 is self-funded and intended to meet the requirements of 537 paragraph (3)(d) 2021; December 1, 2022; and December 1, 2023, 538 such entities may submit projects identified in existing 539 vulnerability assessments that do not comply with subsection 540 (3). A regional resilience entity may also submit proposed 541 projects to the department pursuant to this subparagraph on 542 behalf of one or more member counties or municipalities. 543 2.By September 1, 2021, and Each September 1 thereafter, 544 all of the following entities may submit to the department a 545 list of any proposed projects that address risks of flooding or 546 sea level rise identified in the comprehensive statewide flood 547 vulnerability and sea level rise assessment or vulnerability 548 assessments that meet the requirements of subsection (3), or 549 that mitigate the risks of flooding or sea level rise on water 550 supplies or water resources of the state and a corresponding 551 evaluation of each project: 552 a.Water management districts. 553 b.Drainage districts. 554 c.Erosion control districts. 555 d.Flood control districts. 556 e.Regional water supply authorities. 557 3.Each project submitted to the department pursuant to 558 this paragraph for consideration by the department for inclusion 559 in the plan must include all of the following information: 560 a.A description of the project. 561 b.The location of the project. 562 c.An estimate of how long the project will take to 563 complete. 564 d.An estimate of the cost of the project. 565 e.The cost-share percentage available for the project. 566 f.The project sponsor. 567 (e)Each project included in the plan must have a minimum 568 50 percent cost share unless the project assists or is within a 569 financially disadvantaged small community. For purposes of this 570 section, the term financially disadvantaged small community 571 means: 572 1.A municipality that has a population of 10,000 or fewer, 573 according to the most recent April 1 population estimates posted 574 on the Office of Economic and Demographic Researchs website, 575 and a per capita annual income that is less than the states per 576 capita annual income as shown in the most recent release from 577 the Bureau of the Census of the United States Department of 578 Commerce that includes both measurements; or 579 2.A county that has a population of 50,000 or fewer, 580 according to the most recent April 1 population estimates posted 581 on the Office of Economic and Demographic Researchs website, 582 and a per capita annual income that is less than the states per 583 capita annual income as shown in the most recent release from 584 the Bureau of the Census of the United States Department of 585 Commerce that includes both measurements. 586 (f)To be eligible for inclusion in the plan, a project 587 must have been submitted pursuant to paragraph (d) or must have 588 been identified in the comprehensive statewide flood 589 vulnerability and sea level rise assessment, as applicable. 590 (g)Expenses ineligible for inclusion in the plan include, 591 but are not limited to, expenses associated with any of the 592 following: 593 1.Aesthetic vegetation. 594 2.Recreational structures such as piers, docks, and 595 boardwalks. 596 3.Water quality components of stormwater and wastewater 597 management systems, except for expenses to mitigate water 598 quality impacts caused by the project or expenses related to 599 water quality which are necessary to obtain a permit for the 600 project. 601 4.Maintenance and repair of over-walks. 602 5.Park activities and facilities, except expenses to 603 control flooding or erosion. 604 6.Navigation construction, operation, and maintenance 605 activities. 606 7.Projects that provide only recreational benefits. 607 (g)(h)The department shall implement a scoring system for 608 assessing each project eligible for inclusion in the plan 609 pursuant to this subsection. The scoring system must include the 610 following tiers and associated criteria: 611 1.Tier 1 must account for 40 percent of the total score 612 and consist of all of the following criteria: 613 a.The degree to which the project addresses the risks 614 posed by flooding and sea level rise identified in the local 615 government vulnerability assessments or the comprehensive 616 statewide flood vulnerability and sea level rise assessment, as 617 applicable. 618 b.The degree to which the project addresses risks to 619 regionally significant assets. 620 c.The degree to which the project reduces risks to areas 621 with an overall higher percentage of vulnerable critical assets. 622 d.The degree to which the project contributes to existing 623 flooding mitigation projects that reduce upland damage costs by 624 incorporating new or enhanced structures or restoration and 625 revegetation projects. 626 2.Tier 2 must account for 30 percent of the total score 627 and consist of all of the following criteria: 628 a.The degree to which flooding and erosion currently 629 affect the condition of the project area. 630 b.The overall readiness of the project to proceed in a 631 timely manner, considering the projects readiness for the 632 construction phase of development, the status of required 633 permits, the status of any needed easement acquisition, and the 634 availability of local funding sources. 635 c.The environmental habitat enhancement or inclusion of 636 nature-based options for resilience, with priority given to 637 state or federal critical habitat areas for threatened or 638 endangered species. 639 d.The cost-effectiveness of the project. 640 3.Tier 3 must account for 20 percent of the total score 641 and consist of all of the following criteria: 642 a.The availability of local, state, and federal matching 643 funds, considering the status of the funding award, and federal 644 authorization, if applicable. 645 b.Previous state commitment and involvement in the 646 project, considering previously funded phases, the total amount 647 of previous state funding, and previous partial appropriations 648 for the proposed project. 649 c.The exceedance of the flood-resistant construction 650 requirements of the Florida Building Code and applicable flood 651 plain management regulations. 652 4.Tier 4 must account for 10 percent of the total score 653 and consist of all of the following criteria: 654 a.The proposed innovative technologies designed to reduce 655 project costs and provide regional collaboration. 656 b.The extent to which the project assists financially 657 disadvantaged communities. 658 (h)(i)The total amount of funding proposed for each year 659 of the plan may not be less than $100 million. Upon review and 660 subject to appropriation, the Legislature shall approve funding 661 for the projects as specified in the plan. Multiyear projects 662 that receive funding for the first year of the project must be 663 included in subsequent plans and funded until the project is 664 complete, provided that the project sponsor has complied with 665 all contractual obligations and funds are available. 666 (i)(j)The department shall adopt rules initiate rulemaking 667 by August 1, 2021, to implement this section. 668 (6)REGIONAL RESILIENCE ENTITIES.Subject to specific 669 legislative appropriation, the department may provide funding 670 for all of the following purposes to regional entities, 671 including regional planning councils and estuary partnerships, 672 that are established by general purpose local governments and 673 whose responsibilities include planning for the resilience needs 674 of communities and coordinating intergovernmental solutions to 675 mitigate adverse impacts of flooding and sea level rise: 676 (a)Providing technical assistance to counties and 677 municipalities. 678 (b)Coordinating and conducting activities authorized by 679 subsection (3) with broad regional benefit or on behalf of 680 multiple member counties and municipalities multijurisdictional 681 vulnerability assessments. 682 (c)Developing project proposals to be submitted for 683 inclusion in the Statewide Flooding and Sea Level Rise 684 Resilience Plan. 685 Section 5.Subsection (1) of section 381.0061, Florida 686 Statutes, is amended to read: 687 381.0061Administrative fines. 688 (1)In addition to any administrative action authorized by 689 chapter 120 or by other law, the department may impose a fine, 690 which may not exceed $500 for each violation, for a violation of 691 s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or 692 part III of chapter 489, for a violation of any rule adopted by 693 the department under this chapter, or for a violation of chapter 694 386 not involving onsite sewage treatment and disposal systems. 695 The department shall give an alleged violator a notice of intent 696 to impose such fine shall be given by the department to the 697 alleged violator. Each day that a violation continues may 698 constitute a separate violation. 699 Section 6.The Legislature intends that the transfer of the 700 regulation of the Onsite Sewage Program from the Department of 701 Health to the Department of Environmental Protection, as 702 required by the Clean Waterways Act, chapter 2020-150, Laws of 703 Florida, be completed in a phased approach. 704 (1)Before the phased transfer, the Department of 705 Environmental Protection shall coordinate with the Department of 706 Health to identify equipment and vehicles that were previously 707 used to carry out the program in each county and that are no 708 longer needed for such purpose. The Department of Health shall 709 transfer the agreed-upon equipment and vehicles to the 710 Department of Environmental Protection, to the extent that each 711 county agrees to relinquish ownership of such equipment and 712 vehicles to the Department of Health. 713 (2)When the Department of Environmental Protection begins 714 implementing the program within a county, the Department of 715 Health may no longer implement or collect fees for the program 716 unless specified by separate delegation or contract with the 717 Department of Environmental Protection. 718 Section 7.Paragraph (h) of subsection (3) and subsections 719 (5) and (7) of section 381.0065, Florida Statutes, are amended, 720 paragraph (o) is added to subsection (3) of that section, and 721 subsection (9) is added to that section, to read: 722 381.0065Onsite sewage treatment and disposal systems; 723 regulation. 724 (3)DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL 725 PROTECTION.The department shall: 726 (h)Conduct enforcement activities in accordance with part 727 I of chapter 403, including imposing fines, issuing citations, 728 suspensions, revocations, injunctions, and emergency orders for 729 violations of this section, part I of chapter 386, or part III 730 of chapter 489 or for a violation of any rule adopted by the 731 department under this section, part I of chapter 386, or part 732 III of chapter 489. All references to part I of chapter 386 in 733 this section relate solely to nuisances involving improperly 734 built or maintained septic tanks or other onsite sewage 735 treatment and disposal systems, and untreated or improperly 736 treated or transported waste from onsite sewage treatment and 737 disposal systems. The department shall have all the duties and 738 authorities of the Department of Health in part I of chapter 386 739 for nuisances involving onsite sewage treatment and disposal 740 systems. The departments authority under part I of chapter 386 741 is in addition to and may be pursued independently of or 742 simultaneously with the enforcement remedies provided under this 743 section and chapter 403. 744 (o)Adopt rules establishing and implementing a program of 745 general permits for this section for projects, or categories of 746 projects, which have, individually or cumulatively, a minimal 747 adverse impact on public health or the environment. Such rules 748 must: 749 1.Specify design or performance criteria which, if 750 applied, would result in compliance with appropriate standards; 751 and 752 2.Authorize a person who complies with the general permit 753 eligibility requirements to use the permit 30 days after giving 754 notice to the department without any agency action by the 755 department. Within the 30-day notice period, the department 756 shall determine whether the activity qualifies for a general 757 permit. If the activity does not qualify or the notice does not 758 contain all the required information, the department must notify 759 the person. 760 (5)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS. 761 (a)Department personnel who have reason to believe 762 noncompliance exists, may at any reasonable time, enter the 763 premises permitted under ss. 381.0065-381.0066, or the business 764 premises of any septic tank contractor or master septic tank 765 contractor registered under part III of chapter 489, or any 766 premises that the department has reason to believe is being 767 operated or maintained not in compliance, to determine 768 compliance with the provisions of this section, part I of 769 chapter 386, or part III of chapter 489 or rules or standards 770 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 771 part III of chapter 489. As used in this paragraph, the term 772 premises does not include a residence or private building. To 773 gain entry to a residence or private building, the department 774 must obtain permission from the owner or occupant or secure an 775 inspection warrant from a court of competent jurisdiction 776 pursuant to the procedures of s. 403.091. 777 (b)1.The department has all of the judicial and 778 administrative remedies available to it pursuant to part I of 779 chapter 403 may issue citations that may contain an order of 780 correction or an order to pay a fine, or both, for violations of 781 ss. 381.0065-381.0067, part I of chapter 386, or part III of 782 chapter 489 or the rules adopted by the department, when a 783 violation of these sections or rules is enforceable by an 784 administrative or civil remedy, or when a violation of these 785 sections or rules is a misdemeanor of the second degree. A 786 citation issued under ss. 381.0065-381.0067, part I of chapter 787 386, or part III of chapter 489 constitutes a notice of proposed 788 agency action. 789 2.A citation must be in writing and must describe the 790 particular nature of the violation, including specific reference 791 to the provisions of law or rule allegedly violated. 792 3.The fines imposed by a citation issued by the department 793 may not exceed $500 for each violation. Each day the violation 794 exists constitutes a separate violation for which a citation may 795 be issued. 796 4.The department shall inform the recipient, by written 797 notice pursuant to ss. 120.569 and 120.57, of the right to an 798 administrative hearing to contest the citation within 21 days 799 after the date the citation is received. The citation must 800 contain a conspicuous statement that if the recipient fails to 801 pay the fine within the time allowed, or fails to appear to 802 contest the citation after having requested a hearing, the 803 recipient has waived the recipients right to contest the 804 citation and must pay an amount up to the maximum fine. 805 5.The department may reduce or waive the fine imposed by 806 the citation. In determining whether to reduce or waive the 807 fine, the department must consider the gravity of the violation, 808 the persons attempts at correcting the violation, and the 809 persons history of previous violations including violations for 810 which enforcement actions were taken under ss. 381.0065 811 381.0067, part I of chapter 386, part III of chapter 489, or 812 other provisions of law or rule. 813 6.Any person who willfully refuses to sign and accept a 814 citation issued by the department commits a misdemeanor of the 815 second degree, punishable as provided in s. 775.082 or s. 816 775.083. 817 7.The department, pursuant to ss. 381.0065-381.0067, part 818 I of chapter 386, or part III of chapter 489, shall deposit any 819 damages, costs, or penalties fines it collects pursuant to this 820 section and part I of chapter 403 in the Water Quality Assurance 821 Trust Fund county health department trust fund for use in 822 providing services specified in those sections. 823 8.This section provides an alternative means of enforcing 824 ss. 381.0065-381.0067, part I of chapter 386, and part III of 825 chapter 489. This section does not prohibit the department from 826 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 827 III of chapter 489, or its rules, by any other means. However, 828 the department must elect to use only a single method of 829 enforcement for each violation. 830 (7)USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE 831 TREATMENT AND DISPOSAL SYSTEMS.To meet the requirements of a 832 total maximum daily load, the department shall implement a fast 833 track approval process of no longer than 6 months for the 834 determination of the use of American National Standards 835 Institute 245 systems approved by NSF International before July 836 1, 2020. The department shall also establish an enhanced 837 nutrient-reducing onsite sewage treatment and disposal system 838 approval program that will expeditiously evaluate and approve 839 such systems for use in this state to comply with ss. 840 403.067(7)(a)10. and 373.469(3)(d). 841 (9)CONTRACT OR DELEGATION AUTHORITY.The department may 842 contract with or delegate its powers and duties under this 843 section to a county as provided in s. 403.061 or s. 403.182. 844 Section 8.Subsection (2) of section 381.0066, Florida 845 Statutes, is amended to read: 846 381.0066Onsite sewage treatment and disposal systems; 847 fees. 848 (2)The minimum fees in the following fee schedule apply 849 until changed by rule by the department within the following 850 limits: 851 (a)Application review, permit issuance, or system 852 inspection, when performed by the department or a private 853 provider inspector, including repair of a subsurface, mound, 854 filled, or other alternative system or permitting of an 855 abandoned system: a fee of not less than $25, or more than $125. 856 (b)Site evaluation, site reevaluation, evaluation of a 857 system previously in use, or a per annum septage disposal site 858 evaluation: a fee of not less than $40, or more than $115. 859 (c)Biennial operating permit for aerobic treatment units 860 or performance-based treatment systems: a fee of not more than 861 $100. 862 (d)Annual operating permit for systems located in areas 863 zoned for industrial manufacturing or equivalent uses or where 864 the system is expected to receive wastewater which is not 865 domestic in nature: a fee of not less than $150, or more than 866 $300. 867 (e)Innovative technology: a fee not to exceed $25,000. 868 (f)Septage disposal service, septage stabilization 869 facility, portable or temporary toilet service, tank 870 manufacturer inspection: a fee of not less than $25, or more 871 than $200, per year. 872 (g)Application for variance: a fee of not less than $150, 873 or more than $300. 874 (h)Annual operating permit for waterless, incinerating, or 875 organic waste composting toilets: a fee of not less than $15, or 876 more than $30. 877 (i)Aerobic treatment unit or performance-based treatment 878 system maintenance entity permit: a fee of not less than $25, or 879 more than $150, per year. 880 (j)Reinspection fee per visit for site inspection after 881 system construction approval or for noncompliant system 882 installation per site visit: a fee of not less than $25, or more 883 than $100. 884 (k)Research: An additional $5 fee shall be added to each 885 new system construction permit issued to be used to fund onsite 886 sewage treatment and disposal system research, demonstration, 887 and training projects. Five dollars from any repair permit fee 888 collected under this section shall be used for funding the 889 hands-on training centers described in s. 381.0065(3)(j). 890 (l)Annual operating permit, including annual inspection 891 and any required sampling and laboratory analysis of effluent, 892 for an engineer-designed performance-based system: a fee of not 893 less than $150, or more than $300. 894 895 The funds collected pursuant to this subsection for the 896 implementation of onsite sewage treatment and disposal system 897 regulation and for the purposes of ss. 381.00655 and 381.0067, 898 subsequent to any phased transfer of implementation from the 899 Department of Health to the department within any county 900 pursuant to s. 381.0065, must be deposited in the Florida Permit 901 Fee Trust Fund under s. 403.0871, to be administered by the 902 department a trust fund administered by the department, to be 903 used for the purposes stated in this section and ss. 381.0065 904 and 381.00655. 905 Section 9.Subsection (4) of section 403.061, Florida 906 Statutes, is amended to read: 907 403.061Department; powers and duties.The department shall 908 have the power and the duty to control and prohibit pollution of 909 air and water in accordance with the law and rules adopted and 910 promulgated by it and, for this purpose, to: 911 (4)Secure necessary scientific, technical, research, 912 administrative, and operational services by interagency 913 agreement, by contract, or otherwise. All state agencies and 914 counties, upon direction of the department, shall make these 915 services and facilities available. 916 917 The department shall implement such programs in conjunction with 918 its other powers and duties and shall place special emphasis on 919 reducing and eliminating contamination that presents a threat to 920 humans, animals or plants, or to the environment. 921 Section 10.Subsections (1), (2), (14), and (15) of section 922 403.064, Florida Statutes, are amended to read: 923 403.064Reuse of reclaimed water. 924 (1)The encouragement and promotion of water conservation, 925 and reuse of reclaimed water, as defined by the department, are 926 state objectives and are considered to be in the public 927 interest. The Legislature finds that the reuse of reclaimed 928 water is a critical component of meeting the states existing 929 and future water supply needs while sustaining natural systems 930 and encouraging its best and most beneficial use. The 931 Legislature further finds that for those wastewater treatment 932 plants permitted and operated under an approved reuse program by 933 the department, the reclaimed water shall be considered 934 environmentally acceptable and not a threat to public health and 935 safety. The Legislature encourages the development of incentive 936 based programs for reuse implementation. 937 (2)All applicants for permits to construct or operate a 938 domestic wastewater treatment facility located within, serving a 939 population located within, or discharging within a water 940 resource caution area shall prepare a reuse feasibility study as 941 part of their application for the permit. Reuse feasibility 942 studies must shall be prepared in accordance with department 943 guidelines adopted by rule and shall include, but are not 944 limited to: 945 (a)Evaluation of monetary costs and benefits for several 946 levels and types of reuse. 947 (b)Evaluation of the estimated water savings resulting 948 from different types of if reuse, if is implemented. 949 (c)Evaluation of rates and fees necessary to implement 950 reuse. 951 (d)Evaluation of environmental and water resource benefits 952 associated with the different types of reuse. 953 (e)Evaluation of economic, environmental, and technical 954 constraints associated with the different types of reuse, 955 including any constraints caused by potential water quality 956 impacts. 957 (f)A schedule for implementation of reuse. The schedule 958 must shall consider phased implementation. 959 (14)After conducting a feasibility study under subsection 960 (2), a domestic wastewater treatment facility facilities that 961 disposes dispose of effluent by Class I deep well injection, as 962 defined in 40 C.F.R. s. 144.6(a), surface water discharge, land 963 application, or other method to dispose of effluent or a portion 964 thereof must implement reuse to the degree that reuse is 965 feasible, based upon the applicants reuse feasibility study, 966 with consideration given to direct ecological or public water 967 supply benefits afforded by any disposal. Applicable permits 968 issued by the department must shall be consistent with the 969 requirements of this subsection. 970 (a)This subsection does not limit the use of a Class I 971 deep well injection as defined in 40 C.F.R. s. 144.6(a), surface 972 water discharge, land application, or another method to dispose 973 of effluent or a portion thereof for backup use only facility as 974 backup for a reclaimed water reuse system. 975 (b)This subsection applies only to domestic wastewater 976 treatment facilities located within, serving a population 977 located within, or discharging within a water resource caution 978 area. 979 (15)After conducting a feasibility study under subsection 980 (2), domestic wastewater treatment facilities that dispose of 981 effluent by surface water discharges or by land application 982 methods must implement reuse to the degree that reuse is 983 feasible, based upon the applicants reuse feasibility study. 984 This subsection does not apply to surface water discharges or 985 land application systems which are currently categorized as 986 reuse under department rules. Applicable permits issued by the 987 department shall be consistent with the requirements of this 988 subsection. 989 (a)This subsection does not limit the use of a surface 990 water discharge or land application facility as backup for a 991 reclaimed water reuse system. 992 (b)This subsection applies only to domestic wastewater 993 treatment facilities located within, serving a population 994 located within, or discharging within a water resource caution 995 area. 996 Section 11.Paragraph (a) of subsection (7) of section 997 403.067, Florida Statutes, is amended to read: 998 403.067Establishment and implementation of total maximum 999 daily loads. 1000 (7)DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1001 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. 1002 (a)Basin management action plans. 1003 1.In developing and implementing the total maximum daily 1004 load for a waterbody, the department, or the department in 1005 conjunction with a water management district, may develop a 1006 basin management action plan that addresses some or all of the 1007 watersheds and basins tributary to the waterbody. Such plan must 1008 integrate the appropriate management strategies available to the 1009 state through existing water quality protection programs to 1010 achieve the total maximum daily loads and may provide for phased 1011 implementation of these management strategies to promote timely, 1012 cost-effective actions as provided for in s. 403.151. The plan 1013 must establish a schedule implementing the management 1014 strategies, establish a basis for evaluating the plans 1015 effectiveness, and identify feasible funding strategies for 1016 implementing the plans management strategies. The management 1017 strategies may include regional treatment systems or other 1018 public works, when appropriate, and voluntary trading of water 1019 quality credits to achieve the needed pollutant load reductions. 1020 2.A basin management action plan must equitably allocate, 1021 pursuant to paragraph (6)(b), pollutant reductions to individual 1022 basins, as a whole to all basins, or to each identified point 1023 source or category of nonpoint sources, as appropriate. For 1024 nonpoint sources for which best management practices have been 1025 adopted, the initial requirement specified by the plan must be 1026 those practices developed pursuant to paragraph (c). When 1027 appropriate, the plan may take into account the benefits of 1028 pollutant load reduction achieved by point or nonpoint sources 1029 that have implemented management strategies to reduce pollutant 1030 loads, including best management practices, before the 1031 development of the basin management action plan. The plan must 1032 also identify the mechanisms that will address potential future 1033 increases in pollutant loading. 1034 3.The basin management action planning process is intended 1035 to involve the broadest possible range of interested parties, 1036 with the objective of encouraging the greatest amount of 1037 cooperation and consensus possible. In developing a basin 1038 management action plan, the department shall assure that key 1039 stakeholders, including, but not limited to, applicable local 1040 governments, water management districts, the Department of 1041 Agriculture and Consumer Services, other appropriate state 1042 agencies, local soil and water conservation districts, 1043 environmental groups, regulated interests, and affected 1044 pollution sources, are invited to participate in the process. 1045 The department shall hold at least one public meeting in the 1046 vicinity of the watershed or basin to discuss and receive 1047 comments during the planning process and shall otherwise 1048 encourage public participation to the greatest practicable 1049 extent. Notice of the public meeting must be published in a 1050 newspaper of general circulation in each county in which the 1051 watershed or basin lies at least 5 days, but not more than 15 1052 days, before the public meeting. A basin management action plan 1053 does not supplant or otherwise alter any assessment made under 1054 subsection (3) or subsection (4) or any calculation or initial 1055 allocation. 1056 4.Each new or revised basin management action plan must 1057 include all of the following: 1058 a.The appropriate management strategies available through 1059 existing water quality protection programs to achieve total 1060 maximum daily loads, which may provide for phased implementation 1061 to promote timely, cost-effective actions as provided for in s. 1062 403.151. 1063 b.A description of best management practices adopted by 1064 rule. 1065 c.For the applicable 5-year implementation milestone, a 1066 list of projects that will achieve the pollutant load reductions 1067 needed to meet the total maximum daily load or the load 1068 allocations established pursuant to subsection (6). Each project 1069 must include a planning-level cost estimate and an estimated 1070 date of completion. 1071 d.A list of projects developed pursuant to paragraph (e), 1072 if applicable. 1073 e.The source and amount of financial assistance to be made 1074 available by the department, a water management district, or 1075 other entity for each listed project, if applicable. 1076 f.A planning-level estimate of each listed projects 1077 expected load reduction, if applicable. 1078 5.The department shall adopt all or any part of a basin 1079 management action plan and any amendment to such plan by 1080 secretarial order pursuant to chapter 120 to implement this 1081 section. 1082 6.The basin management action plan must include 5-year 1083 milestones for implementation and water quality improvement, and 1084 an associated water quality monitoring component sufficient to 1085 evaluate whether reasonable progress in pollutant load 1086 reductions is being achieved over time. An assessment of 1087 progress toward these milestones shall be conducted every 5 1088 years, and revisions to the plan shall be made as appropriate. 1089 Any entity with a specific pollutant load reduction requirement 1090 established in a basin management action plan shall identify the 1091 projects or strategies that such entity will undertake to meet 1092 current 5-year pollution reduction milestones, beginning with 1093 the first 5-year milestone for new basin management action 1094 plans, and submit such projects to the department for inclusion 1095 in the appropriate basin management action plan. Each project 1096 identified must include an estimated amount of nutrient 1097 reduction that is reasonably expected to be achieved based on 1098 the best scientific information available. Revisions to the 1099 basin management action plan shall be made by the department in 1100 cooperation with basin stakeholders. Revisions to the management 1101 strategies required for nonpoint sources must follow the 1102 procedures in subparagraph (c)4. Revised basin management action 1103 plans must be adopted pursuant to subparagraph 5. 1104 7.In accordance with procedures adopted by rule under 1105 paragraph (9)(c), basin management action plans, and other 1106 pollution control programs under local, state, or federal 1107 authority as provided in subsection (4), may allow point or 1108 nonpoint sources that will achieve greater pollutant reductions 1109 than required by an adopted total maximum daily load or 1110 wasteload allocation to generate, register, and trade water 1111 quality credits for the excess reductions to enable other 1112 sources to achieve their allocation; however, the generation of 1113 water quality credits does not remove the obligation of a source 1114 or activity to meet applicable technology requirements or 1115 adopted best management practices. Such plans must allow trading 1116 between NPDES permittees, and trading that may or may not 1117 involve NPDES permittees, where the generation or use of the 1118 credits involve an entity or activity not subject to department 1119 water discharge permits whose owner voluntarily elects to obtain 1120 department authorization for the generation and sale of credits. 1121 8.The departments rule relating to the equitable 1122 abatement of pollutants into surface waters do not apply to 1123 water bodies or waterbody segments for which a basin management 1124 plan that takes into account future new or expanded activities 1125 or discharges has been adopted under this section. 1126 9.In order to promote resilient wastewater utilities, if 1127 the department identifies domestic wastewater treatment 1128 facilities or onsite sewage treatment and disposal systems as 1129 contributors of at least 20 percent of point source or nonpoint 1130 source nutrient pollution or if the department determines 1131 remediation is necessary to achieve the total maximum daily 1132 load, a basin management action plan for a nutrient total 1133 maximum daily load must include the following: 1134 a.A domestic wastewater treatment plan developed by each 1135 local government, in cooperation with the department, the water 1136 management district, and the public and private domestic 1137 wastewater treatment facilities providing services or located 1138 within the jurisdiction of the local government, which that 1139 addresses domestic wastewater. Private domestic wastewater 1140 facilities and special districts providing domestic wastewater 1141 services must provide the required wastewater facility 1142 information to the applicable local governments. The domestic 1143 wastewater treatment plan must: 1144 (I)Provide for construction, expansion, or upgrades 1145 necessary to achieve the total maximum daily load requirements 1146 applicable to the domestic wastewater treatment facility. 1147 (II)Include the permitted capacity in average annual 1148 gallons per day for the domestic wastewater treatment facility; 1149 the average nutrient concentration and the estimated average 1150 nutrient load of the domestic wastewater; a projected timeline 1151 of the dates by which the construction of any facility 1152 improvements will begin and be completed and the date by which 1153 operations of the improved facility will begin; the estimated 1154 cost of the improvements; and the identity of responsible 1155 parties. 1156 1157 The domestic wastewater treatment plan must be adopted as part 1158 of the basin management action plan no later than July 1, 2025. 1159 A local government that does not have a domestic wastewater 1160 treatment facility in its jurisdiction is not required to 1161 develop a domestic wastewater treatment plan unless there is a 1162 demonstrated need to establish a domestic wastewater treatment 1163 facility within its jurisdiction to improve water quality 1164 necessary to achieve a total maximum daily load. A local 1165 government is not responsible for a private domestic wastewater 1166 facilitys compliance with a basin management action plan unless 1167 such facility is operated through a public-private partnership 1168 to which the local government is a party. 1169 b.An onsite sewage treatment and disposal system 1170 remediation plan developed by each local government in 1171 cooperation with the department, the Department of Health, water 1172 management districts, and public and private domestic wastewater 1173 treatment facilities. 1174 (I)The onsite sewage treatment and disposal system 1175 remediation plan must identify cost-effective and financially 1176 feasible projects necessary to achieve the nutrient load 1177 reductions required for onsite sewage treatment and disposal 1178 systems. To identify cost-effective and financially feasible 1179 projects for remediation of onsite sewage treatment and disposal 1180 systems, the local government shall: 1181 (A)Include an inventory of onsite sewage treatment and 1182 disposal systems based on the best information available; 1183 (B)Identify onsite sewage treatment and disposal systems 1184 that would be eliminated through connection to existing or 1185 future central domestic wastewater infrastructure in the 1186 jurisdiction or domestic wastewater service area of the local 1187 government, that would be replaced with or upgraded to enhanced 1188 nutrient-reducing onsite sewage treatment and disposal systems, 1189 or that would remain on conventional onsite sewage treatment and 1190 disposal systems; 1191 (C)Estimate the costs of potential onsite sewage treatment 1192 and disposal system connections, upgrades, or replacements; and 1193 (D)Identify deadlines and interim milestones for the 1194 planning, design, and construction of projects. 1195 (II)The department shall adopt the onsite sewage treatment 1196 and disposal system remediation plan as part of the basin 1197 management action plan no later than July 1, 2025, or as 1198 required for Outstanding Florida Springs under s. 373.807. 1199 10.The installation of new onsite sewage treatment and 1200 disposal systems constructed within a basin management action 1201 plan area adopted under this section, a reasonable assurance 1202 plan, or a pollution reduction plan is prohibited where 1203 connection to a publicly owned or investor-owned sewerage system 1204 is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1205 or less within a basin management action plan adopted under this 1206 section, a reasonable assurance plan, or a pollution reduction 1207 plan where a publicly owned or investor-owned sewerage system is 1208 not available, the installation of enhanced nutrient-reducing 1209 onsite sewage treatment and disposal systems or other wastewater 1210 treatment systems that achieve at least 65 percent nitrogen 1211 reduction is required. 1212 11.When identifying wastewater projects in a basin 1213 management action plan, the department may not require the 1214 higher cost option if it achieves the same nutrient load 1215 reduction as a lower cost option. A regulated entity may choose 1216 a different cost option if it complies with the pollutant 1217 reduction requirements of an adopted total maximum daily load 1218 and meets or exceeds the pollution reduction requirement of the 1219 original project. 1220 12.Annually, local governments subject to a basin 1221 management action plan or located within the basin of a 1222 waterbody not attaining nutrient or nutrient-related standards 1223 must provide to the department an update on the status of 1224 construction of sanitary sewers to serve such areas, in a manner 1225 prescribed by the department. 1226 Section 12.Paragraph (c) of subsection (1) of section 1227 403.086, Florida Statutes, is amended to read: 1228 403.086Sewage disposal facilities; advanced and secondary 1229 waste treatment. 1230 (1) 1231 (c)1.Notwithstanding this chapter or chapter 373, sewage 1232 disposal facilities may not dispose any wastes into the 1233 following waters without providing advanced waste treatment, as 1234 defined in subsection (4), as approved by the department or a 1235 more stringent treatment standard if the department determines 1236 the more stringent standard is necessary to achieve the total 1237 maximum daily load or applicable water quality criteria: 1238 a.Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega 1239 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little 1240 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay; 1241 Biscayne Bay; or any river, stream, channel, canal, bay, bayou, 1242 sound, or other water tributary thereto. 1243 b.Beginning July 1, 2025, Indian River Lagoon, or any 1244 river, stream, channel, canal, bay, bayou, sound, or other water 1245 tributary thereto. 1246 c.By January 1, 2033, waterbodies that are currently not 1247 attaining nutrient or nutrient-related standards or that are 1248 subject to a nutrient or nutrient-related basin management 1249 action plan adopted pursuant to s. 403.067 or adopted reasonable 1250 assurance plan. 1251 2.For any waterbody determined not to be attaining 1252 nutrient or nutrient-related standards after July 1, 2023, or 1253 subject to a nutrient or nutrient-related basin management 1254 action plan adopted pursuant to s. 403.067 or adopted reasonable 1255 assurance plan after July 1, 2023, sewage disposal facilities 1256 are prohibited from disposing any wastes into such waters 1257 without providing advanced waste treatment, as defined in 1258 subsection (4), as approved by the department within 10 years 1259 after such determination or adoption. 1260 3.By July 1, 2034, within a basin management action plan 1261 or a reasonable assurance plan area, any wastewater treatment 1262 facility providing reclaimed water that will be used for 1263 commercial or residential irrigation or be otherwise land 1264 applied must meet the standards for advanced waste treatment as 1265 defined in subsection (4), as approved by the department, or a 1266 more stringent treatment standard if the department determines 1267 the more stringent standard is necessary to achieve the total 1268 maximum daily load or applicable water quality criteria. 1269 Section 13.Paragraphs (a) and (b) of subsection (1) and 1270 paragraph (b) of subsection (3) of section 403.091, Florida 1271 Statutes, are amended to read: 1272 403.091Inspections. 1273 (1)(a)Any duly authorized representative of the department 1274 may at any reasonable time enter and inspect, for the purpose of 1275 ascertaining the state of compliance with the law or rules and 1276 regulations of the department, any property, premises, or place, 1277 except a building which is used exclusively for a private 1278 residence, on or at which: 1279 1.A hazardous waste generator, transporter, or facility or 1280 other air or water contaminant source; 1281 2.A discharger, including any nondomestic discharger which 1282 introduces any pollutant into a publicly owned treatment works; 1283 3.An onsite sewage treatment and disposal system as 1284 defined in s. 381.0065(2)(m); 1285 4.Any facility, as defined in s. 376.301; or 1286 5.4.A resource recovery and management facility 1287 1288 is located or is being constructed or installed or where records 1289 which are required under this chapter, ss. 376.30-376.317, or 1290 department rule are kept. 1291 (b)Any duly authorized representative may at reasonable 1292 times have access to and copy any records required under this 1293 chapter or ss. 376.30-376.317; inspect any monitoring equipment 1294 or method; sample for any pollutants as defined in s. 376.301, 1295 effluents, or wastes which the owner or operator of such source 1296 may be discharging or which may otherwise be located on or 1297 underlying the owners or operators property; and obtain any 1298 other information necessary to determine compliance with permit 1299 conditions or other requirements of this chapter, ss. 376.30 1300 376.317, ss. 381.0065-381.0067, part I of chapter 386 for 1301 purposes of onsite sewage treatment and disposal systems, part 1302 III of chapter 489, or rules or standards adopted under ss. 1303 381.0065-381.0067, part I of chapter 386 for purposes of onsite 1304 sewage treatment and disposal systems, or part III of chapter 1305 489, or department rules. 1306 (3) 1307 (b)Upon proper affidavit being made, an inspection warrant 1308 may be issued under the provisions of this chapter or ss. 1309 376.30-376.317: 1310 1.When it appears that the properties to be inspected may 1311 be connected with or contain evidence of the violation of any of 1312 the provisions of this chapter or ss. 376.30-376.317, ss. 1313 381.0065-381.0067, part I of chapter 386 for purposes of onsite 1314 sewage treatment and disposal systems, part III of chapter 489, 1315 or rules or standards adopted under ss. 381.0065-381.0067, part 1316 I of chapter 386 for purposes of onsite sewage treatment and 1317 disposal systems, or part III of chapter 489 or any rule 1318 properly promulgated thereunder; or 1319 2.When the inspection sought is an integral part of a 1320 larger scheme of systematic routine inspections which are 1321 necessary to, and consistent with, the continuing efforts of the 1322 department to ensure compliance with the provisions of this 1323 chapter or ss. 376.30-376.317, ss. 381.0065-381.0067, part I of 1324 chapter 386 for purposes of onsite sewage treatment and disposal 1325 systems, part III of chapter 489, or rules or standards adopted 1326 under ss. 381.0065-381.0067, part I of chapter 386 for purposes 1327 of onsite sewage treatment and disposal systems, or part III of 1328 chapter 489 and any rules adopted thereunder. 1329 Section 14.Section 403.121, Florida Statutes, is amended 1330 to read: 1331 403.121Enforcement; procedure; remedies.The department 1332 shall have the following judicial and administrative remedies 1333 available to it for violations of this chapter, as specified in 1334 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for 1335 purposes of onsite sewage treatment and disposal systems, part 1336 III of chapter 489, or any rule promulgated thereunder. 1337 (1)Judicial Remedies: 1338 (a)The department may institute a civil action in a court 1339 of competent jurisdiction to establish liability and to recover 1340 damages for any injury to the air, waters, or property, 1341 including animal, plant, and aquatic life, of the state caused 1342 by any violation. 1343 (b)The department may institute a civil action in a court 1344 of competent jurisdiction to impose and to recover a civil 1345 penalty for each violation in an amount of not more than $15,000 1346 per offense. However, the court may receive evidence in 1347 mitigation. Each day during any portion of which such violation 1348 occurs constitutes a separate offense. 1349 (c)Except as provided in paragraph (2)(c), it is not a 1350 defense to, or ground for dismissal of, these judicial remedies 1351 for damages and civil penalties that the department has failed 1352 to exhaust its administrative remedies, has failed to serve a 1353 notice of violation, or has failed to hold an administrative 1354 hearing before the institution of a civil action. 1355 (2)Administrative Remedies: 1356 (a)The department may institute an administrative 1357 proceeding to establish liability and to recover damages for any 1358 injury to the air, waters, or property, including animal, plant, 1359 or aquatic life, of the state caused by any violation. The 1360 department may order that the violator pay a specified sum as 1361 damages to the state. Judgment for the amount of damages 1362 determined by the department may be entered in any court having 1363 jurisdiction thereof and may be enforced as any other judgment. 1364 (b)If the department has reason to believe a violation has 1365 occurred, it may institute an administrative proceeding to order 1366 the prevention, abatement, or control of the conditions creating 1367 the violation or other appropriate corrective action. Except for 1368 violations involving hazardous wastes, asbestos, or underground 1369 injection, the department shall proceed administratively in all 1370 cases in which the department seeks administrative penalties 1371 that do not exceed $50,000 per assessment as calculated in 1372 accordance with subsections (3), (4), (5), (6), and (7). 1373 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 1374 assessed pursuant to subsection (3), subsection (4), or 1375 subsection (5) against a public water system serving a 1376 population of more than 10,000 may not be less than $1,000 per 1377 day per violation. The department may not impose administrative 1378 penalties in excess of $50,000 in a notice of violation. The 1379 department may not have more than one notice of violation 1380 seeking administrative penalties pending against the same party 1381 at the same time unless the violations occurred at a different 1382 site or the violations were discovered by the department 1383 subsequent to the filing of a previous notice of violation. 1384 (c)An administrative proceeding shall be instituted by the 1385 departments serving of a written notice of violation upon the 1386 alleged violator by certified mail. If the department is unable 1387 to effect service by certified mail, the notice of violation may 1388 be hand delivered or personally served in accordance with 1389 chapter 48. The notice shall specify the law, rule, regulation, 1390 permit, certification, or order of the department alleged to be 1391 violated and the facts alleged to constitute a violation 1392 thereof. An order for corrective action, penalty assessment, or 1393 damages may be included with the notice. When the department is 1394 seeking to impose an administrative penalty for any violation by 1395 issuing a notice of violation, any corrective action needed to 1396 correct the violation or damages caused by the violation must be 1397 pursued in the notice of violation or they are waived. However, 1398 an order is not effective until after service and an 1399 administrative hearing, if requested within 20 days after 1400 service. Failure to request an administrative hearing within 1401 this time period constitutes a waiver thereof, unless the 1402 respondent files a written notice with the department within 1403 this time period opting out of the administrative process 1404 initiated by the department to impose administrative penalties. 1405 Any respondent choosing to opt out of the administrative process 1406 initiated by the department in an action that seeks the 1407 imposition of administrative penalties must file a written 1408 notice with the department within 20 days after service of the 1409 notice of violation opting out of the administrative process. A 1410 respondents decision to opt out of the administrative process 1411 does not preclude the department from initiating a state court 1412 action seeking injunctive relief, damages, and the judicial 1413 imposition of civil penalties. 1414 (d)If a person timely files a petition challenging a 1415 notice of violation, that person will thereafter be referred to 1416 as the respondent. The hearing requested by the respondent shall 1417 be held within 180 days after the department has referred the 1418 initial petition to the Division of Administrative Hearings 1419 unless the parties agree to a later date. The department has the 1420 burden of proving with the preponderance of the evidence that 1421 the respondent is responsible for the violation. Administrative 1422 penalties should not be imposed unless the department satisfies 1423 that burden. Following the close of the hearing, the 1424 administrative law judge shall issue a final order on all 1425 matters, including the imposition of an administrative penalty. 1426 When the department seeks to enforce that portion of a final 1427 order imposing administrative penalties pursuant to s. 120.69, 1428 the respondent may not assert as a defense the inappropriateness 1429 of the administrative remedy. The department retains its final 1430 order authority in all administrative actions that do not 1431 request the imposition of administrative penalties. 1432 (e)After filing a petition requesting a formal hearing in 1433 response to a notice of violation in which the department 1434 imposes an administrative penalty, a respondent may request that 1435 a private mediator be appointed to mediate the dispute by 1436 contacting the Florida Conflict Resolution Consortium within 10 1437 days after receipt of the initial order from the administrative 1438 law judge. The Florida Conflict Resolution Consortium shall pay 1439 all of the costs of the mediator and for up to 8 hours of the 1440 mediators time per case at $150 per hour. Upon notice from the 1441 respondent, the Florida Conflict Resolution Consortium shall 1442 provide to the respondent a panel of possible mediators from the 1443 area in which the hearing on the petition would be heard. The 1444 respondent shall select the mediator and notify the Florida 1445 Conflict Resolution Consortium of the selection within 15 days 1446 of receipt of the proposed panel of mediators. The Florida 1447 Conflict Resolution Consortium shall provide all of the 1448 administrative support for the mediation process. The mediation 1449 must be completed at least 15 days before the final hearing date 1450 set by the administrative law judge. 1451 (f)In any administrative proceeding brought by the 1452 department, the prevailing party shall recover all costs as 1453 provided in ss. 57.041 and 57.071. The costs must be included in 1454 the final order. The respondent is the prevailing party when an 1455 order is entered awarding no penalties to the department and 1456 such order has not been reversed on appeal or the time for 1457 seeking judicial review has expired. The respondent is entitled 1458 to an award of attorney fees if the administrative law judge 1459 determines that the notice of violation issued by the department 1460 seeking the imposition of administrative penalties was not 1461 substantially justified as defined in s. 57.111(3)(e). An award 1462 of attorney fees as provided by this subsection may not exceed 1463 $15,000. 1464 (g)This section does not prevent any other legal or 1465 administrative action in accordance with law and does not limit 1466 the departments authority provided in ss. 403.131, 403.141, and 1467 this section to judicially pursue injunctive relief. When the 1468 department exercises its authority to judicially pursue 1469 injunctive relief, penalties in any amount up to the statutory 1470 maximum sought by the department must be pursued as part of the 1471 state court action and not by initiating a separate 1472 administrative proceeding. The department retains the authority 1473 to judicially pursue penalties in excess of $50,000 for 1474 violations not specifically included in the administrative 1475 penalty schedule, or for multiple or multiday violations alleged 1476 to exceed a total of $50,000. The department also retains the 1477 authority provided in ss. 403.131, 403.141, and this section to 1478 judicially pursue injunctive relief and damages, if a notice of 1479 violation seeking the imposition of administrative penalties has 1480 not been issued. The department has the authority to enter into 1481 a settlement, before or after initiating a notice of violation, 1482 and the settlement may include a penalty amount different from 1483 the administrative penalty schedule. Any case filed in state 1484 court because it is alleged to exceed a total of $50,000 in 1485 penalties may be settled in the court action for less than 1486 $50,000. 1487 (h)Chapter 120 applies to any administrative action taken 1488 by the department or any delegated program pursuing 1489 administrative penalties in accordance with this section. 1490 (3)Except for violations involving hazardous wastes, 1491 asbestos, or underground injection, administrative penalties 1492 must be calculated according to the following schedule: 1493 (a)For a drinking water contamination violation, the 1494 department shall assess a penalty of $3,000 for a Maximum 1495 Containment Level (MCL) violation; plus $1,500 if the violation 1496 is for a primary inorganic, organic, or radiological Maximum 1497 Contaminant Level or it is a fecal coliform bacteria violation; 1498 plus $1,500 if the violation occurs at a community water system; 1499 and plus $1,500 if any Maximum Contaminant Level is exceeded by 1500 more than 100 percent. For failure to obtain a clearance letter 1501 before placing a drinking water system into service when the 1502 system would not have been eligible for clearance, the 1503 department shall assess a penalty of $4,500. 1504 (b)For failure to obtain a required wastewater permit, 1505 other than a permit required for surface water discharge, or 1506 obtain an onsite sewage treatment and disposal system permit, or 1507 for a violation of s. 381.0065, or the creation of or 1508 maintenance of a nuisance related to an onsite sewage treatment 1509 and disposal system under part I of chapter 386, or for a 1510 violation of part III of chapter 489, or any rule properly 1511 promulgated thereunder, the department shall assess a penalty of 1512 $2,000. For a domestic or industrial wastewater violation, not 1513 involving a surface water or groundwater quality violation, the 1514 department shall assess a penalty of $4,000 for an unpermitted 1515 or unauthorized discharge or effluent-limitation exceedance or 1516 for failure to comply with s. 403.061(14) or s. 403.086(7) or 1517 rules adopted thereunder. For an unpermitted or unauthorized 1518 discharge or effluent-limitation exceedance that resulted in a 1519 surface water or groundwater quality violation, the department 1520 shall assess a penalty of $10,000. Each day the cause of an 1521 unauthorized discharge of domestic wastewater or sanitary 1522 nuisance is not addressed constitutes a separate offense. 1523 (c)For a dredge and fill or stormwater violation, the 1524 department shall assess a penalty of $1,500 for unpermitted or 1525 unauthorized dredging or filling or unauthorized construction of 1526 a stormwater management system against the person or persons 1527 responsible for the illegal dredging or filling, or unauthorized 1528 construction of a stormwater management system plus $3,000 if 1529 the dredging or filling occurs in an aquatic preserve, an 1530 Outstanding Florida Water, a conservation easement, or a Class I 1531 or Class II surface water, plus $1,500 if the area dredged or 1532 filled is greater than one-quarter acre but less than or equal 1533 to one-half acre, and plus $1,500 if the area dredged or filled 1534 is greater than one-half acre but less than or equal to one 1535 acre. The administrative penalty schedule does not apply to a 1536 dredge and fill violation if the area dredged or filled exceeds 1537 one acre. The department retains the authority to seek the 1538 judicial imposition of civil penalties for all dredge and fill 1539 violations involving more than one acre. The department shall 1540 assess a penalty of $4,500 for the failure to complete required 1541 mitigation, failure to record a required conservation easement, 1542 or for a water quality violation resulting from dredging or 1543 filling activities, stormwater construction activities or 1544 failure of a stormwater treatment facility. For stormwater 1545 management systems serving less than 5 acres, the department 1546 shall assess a penalty of $3,000 for the failure to properly or 1547 timely construct a stormwater management system. In addition to 1548 the penalties authorized in this subsection, the department 1549 shall assess a penalty of $7,500 per violation against the 1550 contractor or agent of the owner or tenant that conducts 1551 unpermitted or unauthorized dredging or filling. For purposes of 1552 this paragraph, the preparation or signing of a permit 1553 application by a person currently licensed under chapter 471 to 1554 practice as a professional engineer does not make that person an 1555 agent of the owner or tenant. 1556 (d)For mangrove trimming or alteration violations, the 1557 department shall assess a penalty of $7,500 per violation 1558 against the contractor or agent of the owner or tenant that 1559 conducts mangrove trimming or alteration without a permit as 1560 required by s. 403.9328. For purposes of this paragraph, the 1561 preparation or signing of a permit application by a person 1562 currently licensed under chapter 471 to practice as a 1563 professional engineer does not make that person an agent of the 1564 owner or tenant. 1565 (e)For solid waste violations, the department shall assess 1566 a penalty of $3,000 for the unpermitted or unauthorized disposal 1567 or storage of solid waste; plus $1,000 if the solid waste is 1568 Class I or Class III (excluding yard trash) or if the solid 1569 waste is construction and demolition debris in excess of 20 1570 cubic yards, plus $1,500 if the waste is disposed of or stored 1571 in any natural or artificial body of water or within 500 feet of 1572 a potable water well, plus $1,500 if the waste contains PCB at a 1573 concentration of 50 parts per million or greater; untreated 1574 biomedical waste; friable asbestos greater than 1 cubic meter 1575 which is not wetted, bagged, and covered; used oil greater than 1576 25 gallons; or 10 or more lead acid batteries. The department 1577 shall assess a penalty of $4,500 for failure to properly 1578 maintain leachate control; unauthorized burning; failure to have 1579 a trained spotter on duty at the working face when accepting 1580 waste; or failure to provide access control for three 1581 consecutive inspections. The department shall assess a penalty 1582 of $3,000 for failure to construct or maintain a required 1583 stormwater management system. 1584 (f)For an air emission violation, the department shall 1585 assess a penalty of $1,500 for an unpermitted or unauthorized 1586 air emission or an air-emission-permit exceedance, plus $4,500 1587 if the emission was from a major source and the source was major 1588 for the pollutant in violation; plus $1,500 if the emission was 1589 more than 150 percent of the allowable level. 1590 (g)For storage tank system and petroleum contamination 1591 violations, the department shall assess a penalty of $7,500 for 1592 failure to empty a damaged storage system as necessary to ensure 1593 that a release does not occur until repairs to the storage 1594 system are completed; when a release has occurred from that 1595 storage tank system; for failure to timely recover free product; 1596 or for failure to conduct remediation or monitoring activities 1597 until a no-further-action or site-rehabilitation completion 1598 order has been issued. The department shall assess a penalty of 1599 $4,500 for failure to timely upgrade a storage tank system. The 1600 department shall assess a penalty of $3,000 for failure to 1601 conduct or maintain required release detection; failure to 1602 timely investigate a suspected release from a storage system; 1603 depositing motor fuel into an unregistered storage tank system; 1604 failure to timely assess or remediate petroleum contamination; 1605 or failure to properly install a storage tank system. The 1606 department shall assess a penalty of $1,500 for failure to 1607 properly operate, maintain, or close a storage tank system. 1608 (4)In an administrative proceeding, in addition to the 1609 penalties that may be assessed under subsection (3), the 1610 department shall assess administrative penalties according to 1611 the following schedule: 1612 (a)For failure to satisfy financial responsibility 1613 requirements or for violation of s. 377.371(1), $7,500. 1614 (b)For failure to install, maintain, or use a required 1615 pollution control system or device, $6,000. 1616 (c)For failure to obtain a required permit before 1617 construction or modification, $4,500. 1618 (d)For failure to conduct required monitoring or testing; 1619 failure to conduct required release detection; or failure to 1620 construct in compliance with a permit, $3,000. 1621 (e)For failure to maintain required staff to respond to 1622 emergencies; failure to conduct required training; failure to 1623 prepare, maintain, or update required contingency plans; failure 1624 to adequately respond to emergencies to bring an emergency 1625 situation under control; or failure to submit required 1626 notification to the department, $1,500. 1627 (f)Except as provided in subsection (2) with respect to 1628 public water systems serving a population of more than 10,000, 1629 for failure to prepare, submit, maintain, or use required 1630 reports or other required documentation, $750. 1631 (5)Except as provided in subsection (2) with respect to 1632 public water systems serving a population of more than 10,000, 1633 for failure to comply with any other departmental regulatory 1634 statute or rule requirement not otherwise identified in this 1635 section, the department may assess a penalty of $1,000. 1636 (6)For each additional day during which a violation 1637 occurs, the administrative penalties in subsections (3)-(5) may 1638 be assessed per day per violation. 1639 (7)The history of noncompliance of the violator for any 1640 previous violation resulting in an executed consent order, but 1641 not including a consent order entered into without a finding of 1642 violation, or resulting in a final order or judgment after the 1643 effective date of this law involving the imposition of $3,000 or 1644 more in penalties shall be taken into consideration in the 1645 following manner: 1646 (a)One previous such violation within 5 years before the 1647 filing of the notice of violation will result in a 25-percent 1648 per day increase in the scheduled administrative penalty. 1649 (b)Two previous such violations within 5 years before the 1650 filing of the notice of violation will result in a 50-percent 1651 per day increase in the scheduled administrative penalty. 1652 (c)Three or more previous such violations within 5 years 1653 before the filing of the notice of violation will result in a 1654 100-percent per day increase in the scheduled administrative 1655 penalty. 1656 (8)The direct economic benefit gained by the violator from 1657 the violation, where consideration of economic benefit is 1658 provided by Florida law or required by federal law as part of a 1659 federally delegated or approved program, must be added to the 1660 scheduled administrative penalty. The total administrative 1661 penalty, including any economic benefit added to the scheduled 1662 administrative penalty, may not exceed $15,000. 1663 (9)The administrative penalties assessed for any 1664 particular violation may not exceed $10,000 against any one 1665 violator, unless the violator has a history of noncompliance, 1666 the economic benefit of the violation as described in subsection 1667 (8) exceeds $10,000, or there are multiday violations. The total 1668 administrative penalties may not exceed $50,000 per assessment 1669 for all violations attributable to a specific person in the 1670 notice of violation. 1671 (10)The administrative law judge may receive evidence in 1672 mitigation. The penalties identified in subsections (3)-(5) may 1673 be reduced up to 50 percent by the administrative law judge for 1674 mitigating circumstances, including good faith efforts to comply 1675 before or after discovery of the violations by the department. 1676 Upon an affirmative finding that the violation was caused by 1677 circumstances beyond the reasonable control of the respondent 1678 and could not have been prevented by respondents due diligence, 1679 the administrative law judge may further reduce the penalty. 1680 (11)Penalties collected pursuant to this section must 1681 shall be deposited into the Water Quality Assurance Trust Fund 1682 or other trust fund designated by statute and shall be used to 1683 fund the restoration of ecosystems, or polluted areas of the 1684 state, as defined by the department, to their condition before 1685 pollution occurred. The Florida Conflict Resolution Consortium 1686 may use a portion of the fund to administer the mediation 1687 process provided in paragraph (2)(e) and to contract with 1688 private mediators for administrative penalty cases. 1689 (12)The purpose of the administrative penalty schedule and 1690 process is to provide a more predictable and efficient manner 1691 for individuals and businesses to resolve relatively minor 1692 environmental disputes. Subsections (3)-(7) may not be construed 1693 as limiting a state court in the assessment of damages. The 1694 administrative penalty schedule does not apply to the judicial 1695 imposition of civil penalties in state court as provided in this 1696 section. 1697 Section 15.Subsection (1) of section 403.0671, Florida 1698 Statutes, is amended to read: 1699 403.0671Basin management action plan wastewater reports. 1700 (1)By July 1, 2021, the department, in coordination with 1701 the county health departments, wastewater treatment facilities, 1702 and other governmental entities, shall submit a report to the 1703 Governor, the President of the Senate, and the Speaker of the 1704 House of Representatives evaluating the costs of wastewater 1705 projects identified in the basin management action plans 1706 developed pursuant to ss. 373.807 and 403.067(7) and the onsite 1707 sewage treatment and disposal system remediation plans and other 1708 restoration plans developed to meet the total maximum daily 1709 loads required under s. 403.067. The report must include all of 1710 the following: 1711 (a)Projects to: 1712 1.Replace onsite sewage treatment and disposal systems 1713 with enhanced nutrient-reducing onsite sewage treatment and 1714 disposal systems. 1715 2.Install or retrofit onsite sewage treatment and disposal 1716 systems with enhanced nutrient-reducing technologies. 1717 3.Construct, upgrade, or expand domestic wastewater 1718 treatment facilities to meet the domestic wastewater treatment 1719 plan required under s. 403.067(7)(a)9. 1720 4.Connect onsite sewage treatment and disposal systems to 1721 domestic wastewater treatment facilities.; 1722 (b)The estimated costs, nutrient load reduction estimates, 1723 and other benefits of each project.; 1724 (c)The estimated implementation timeline for each 1725 project.; 1726 (d)A proposed 5-year funding plan for each project and the 1727 source and amount of financial assistance the department, a 1728 water management district, or other project partner will make 1729 available to fund the project.; and 1730 (e)The projected costs of installing enhanced nutrient 1731 reducing onsite sewage treatment and disposal systems on 1732 buildable lots in priority focus areas to comply with s. 1733 373.811. 1734 Section 16.Paragraph (f) of subsection (2) of section 1735 403.0673, Florida Statutes, is amended to read: 1736 403.0673Water quality improvement grant program.A grant 1737 program is established within the Department of Environmental 1738 Protection to address wastewater, stormwater, and agricultural 1739 sources of nutrient loading to surface water or groundwater. 1740 (2)The department may provide grants for all of the 1741 following types of projects that reduce the amount of nutrients 1742 entering those waterbodies identified in subsection (1): 1743 (f)Projects identified in a domestic wastewater treatment 1744 plan or an onsite sewage treatment and disposal system 1745 remediation plan developed pursuant to s. 403.067(7)(a)9.a. and 1746 b. 1747 Section 17.For the purpose of incorporating the amendment 1748 made by this act to section 253.04, Florida Statutes, in a 1749 reference thereto, paragraph (x) of subsection (1) of section 1750 327.73, Florida Statutes, is reenacted to read: 1751 327.73Noncriminal infractions. 1752 (1)Violations of the following provisions of the vessel 1753 laws of this state are noncriminal infractions: 1754 (x)Section 253.04(3)(a), relating to carelessly causing 1755 seagrass scarring, for which the civil penalty upon conviction 1756 is: 1757 1.For a first offense, $100. 1758 2.For a second offense occurring within 12 months after a 1759 prior conviction, $250. 1760 3.For a third offense occurring within 36 months after a 1761 prior conviction, $500. 1762 4.For a fourth or subsequent offense occurring within 72 1763 months after a prior conviction, $1,000. 1764 1765 Any person cited for a violation of this subsection shall be 1766 deemed to be charged with a noncriminal infraction, shall be 1767 cited for such an infraction, and shall be cited to appear 1768 before the county court. The civil penalty for any such 1769 infraction is $100, except as otherwise provided in this 1770 section. Any person who fails to appear or otherwise properly 1771 respond to a uniform boating citation, in addition to the charge 1772 relating to the violation of the boating laws of this state, 1773 must be charged with the offense of failing to respond to such 1774 citation and, upon conviction, be guilty of a misdemeanor of the 1775 second degree, punishable as provided in s. 775.082 or s. 1776 775.083. A written warning to this effect shall be provided at 1777 the time such uniform boating citation is issued. 1778 Section 18.For the purpose of incorporating the amendment 1779 made by this act to section 381.0061, Florida Statutes, in 1780 references thereto, paragraph (a) of subsection (4) and 1781 paragraph (a) of subsection (6) of section 381.0072, Florida 1782 Statutes, are reenacted to read: 1783 381.0072Food service protection. 1784 (4)LICENSES REQUIRED. 1785 (a)Licenses; annual renewals.Each food service 1786 establishment regulated under this section shall obtain a 1787 license from the department annually. Food service establishment 1788 licenses shall expire annually and are not transferable from one 1789 place or individual to another. However, those facilities 1790 licensed by the departments Office of Licensure and 1791 Certification, the Child Care Services Program Office, or the 1792 Agency for Persons with Disabilities are exempt from this 1793 subsection. It shall be a misdemeanor of the second degree, 1794 punishable as provided in s. 381.0061, s. 775.082, or s. 1795 775.083, for such an establishment to operate without this 1796 license. The department may refuse a license, or a renewal 1797 thereof, to any establishment that is not constructed or 1798 maintained in accordance with law and with the rules of the 1799 department. Annual application for renewal is not required. 1800 (6)FINES; SUSPENSION OR REVOCATION OF LICENSES; 1801 PROCEDURE. 1802 (a)The department may impose fines against the 1803 establishment or operator regulated under this section for 1804 violations of sanitary standards, in accordance with s. 1805 381.0061. All amounts collected shall be deposited to the credit 1806 of the County Health Department Trust Fund administered by the 1807 department. 1808 Section 19.For the purpose of incorporating the amendment 1809 made by this act to section 381.0061, Florida Statutes, in a 1810 reference thereto, subsection (4) of section 381.0086, Florida 1811 Statutes, is reenacted to read: 1812 381.0086Rules; variances; penalties. 1813 (4)A person who violates any provision of ss. 381.008 1814 381.00895 or rules adopted under such sections is subject either 1815 to the penalties provided in ss. 381.0012 and 381.0061 or to the 1816 penalties provided in s. 381.0087. 1817 Section 20.For the purpose of incorporating the amendment 1818 made by this act to section 381.0061, Florida Statutes, in a 1819 reference thereto, subsection (7) of section 381.0098, Florida 1820 Statutes, is reenacted to read: 1821 381.0098Biomedical waste. 1822 (7)ENFORCEMENT AND PENALTIES.Any person or public body in 1823 violation of this section or rules adopted under this section is 1824 subject to penalties provided in ss. 381.0012 and 381.0061. 1825 However, an administrative fine not to exceed $2,500 may be 1826 imposed for each day such person or public body is in violation 1827 of this section. The department may deny, suspend, or revoke any 1828 biomedical waste permit or registration if the permittee 1829 violates this section, any rule adopted under this section, or 1830 any lawful order of the department. 1831 Section 21.For the purpose of incorporating the amendment 1832 made by this act to section 381.0061, Florida Statutes, in a 1833 reference thereto, subsection (2) of section 513.10, Florida 1834 Statutes, is reenacted to read: 1835 513.10Operating without permit; enforcement of chapter; 1836 penalties. 1837 (2)This chapter or rules adopted under this chapter may be 1838 enforced in the manner provided in s. 381.0012 and as provided 1839 in this chapter. Violations of this chapter and the rules 1840 adopted under this chapter are subject to the penalties provided 1841 in this chapter and in s. 381.0061. 1842 Section 22.This act shall take effect July 1, 2024.