Florida Senate Bill S1386 Comm Sub / Bill

 Florida Senate - 2024 CS for CS for SB 1386  By the Committee on Fiscal Policy; the Appropriations Committee on Agriculture, Environment, and General Government; and Senator Calatayud 594-03675-24 20241386c2 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 quantifiable potable water offsets; 13 providing requirements for such rules; providing 14 construction; amending s. 380.093, F.S.; defining the 15 term Florida Flood Hub; revising the definition of 16 the term preconstruction activities; revising the 17 purposes 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. 403.0673, F.S.; revising the 78 information to be included in the water quality 79 improvement grant program annual report; requiring the 80 department to include specified information on a user 81 friendly website or dashboard by a specified date; 82 providing requirements for the website or dashboard; 83 amending s. 403.086, F.S.; requiring wastewater 84 treatment facilities within a basin management action 85 plan or reasonable assurance plan area which provide 86 reclaimed water for specified purposes to meet 87 advanced waste treatment or a more stringent treatment 88 standard under certain circumstances; providing 89 applicability; amending s. 403.121, F.S.; revising 90 department enforcement provisions; revising 91 administrative penalty calculations for failure to 92 obtain certain required permits and for certain 93 violations; amending s. 403.0671, F.S.; conforming 94 provisions to changes made by the act; amending ss. 95 403.9301 and 403.9302, F.S.; requiring the Office of 96 Economic and Demographic Research to provide a 97 specified publicly accessible data visualization tool 98 on its website; reenacting s. 327.73(1)(x), F.S., 99 relating to noncriminal infractions, to incorporate 100 the amendment made to s. 253.04, F.S., in a reference 101 thereto; reenacting ss. 381.0072(4)(a) and (6)(a), 102 381.0086(4), 381.0098(7), and 513.10(2), F.S., 103 relating to food service protection, penalties, 104 biomedical waste, and operating without a permit, 105 respectively, to incorporate the amendment made to s. 106 381.0061, F.S., in references thereto; providing an 107 effective date. 108 109 Be It Enacted by the Legislature of the State of Florida: 110 111 Section 1.Paragraph (a) of subsection (3) of section 112 253.04, Florida Statutes, is amended to read: 113 253.04Duty of board to protect, etc., state lands; state 114 may join in any action brought. 115 (3)(a)The duty to conserve and improve state-owned lands 116 and the products thereof includes shall include the preservation 117 and regeneration of seagrass, which is deemed essential to the 118 oceans, gulfs, estuaries, and shorelines of the state. A person 119 operating a vessel outside a lawfully marked channel in a 120 careless manner that causes seagrass scarring within an aquatic 121 preserve established in ss. 258.39-258.3991 ss. 258.39-258.399, 122 with the exception of the Lake Jackson, Oklawaha River, Wekiva 123 River, and Rainbow Springs aquatic preserves, commits a 124 noncriminal infraction, punishable as provided in s. 327.73. 125 Each violation is a separate offense. As used in this 126 subsection, the term: 127 1.Seagrass means Cuban shoal grass (Halodule wrightii), 128 turtle grass (Thalassia testudinum), manatee grass (Syringodium 129 filiforme), star grass (Halophila engelmannii), paddle grass 130 (Halophila decipiens), Johnsons seagrass (Halophila johnsonii), 131 or widgeon grass (Ruppia maritima). 132 2.Seagrass scarring means destruction of seagrass roots, 133 shoots, or stems that results in tracks on the substrate 134 commonly referred to as prop scars or propeller scars caused by 135 the operation of a motorized vessel in waters supporting 136 seagrasses. 137 Section 2.Subsection (33) is added to section 258.39, 138 Florida Statutes, to read: 139 258.39Boundaries of preserves.The submerged lands 140 included within the boundaries of Nassau, Duval, St. Johns, 141 Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte, 142 Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee, 143 Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa, 144 Hernando, and Escambia Counties, as hereinafter described, with 145 the exception of privately held submerged lands lying landward 146 of established bulkheads and of privately held submerged lands 147 within Monroe County where the establishment of bulkhead lines 148 is not required, are hereby declared to be aquatic preserves. 149 Such aquatic preserve areas include: 150 (33)Kristin Jacobs Coral Reef Ecosystem Conservation Area, 151 as designated by chapter 2021-107, Laws of Florida, the 152 boundaries of which consist of the sovereignty submerged lands 153 and waters of the state offshore of Broward, Martin, Miami-Dade, 154 and Palm Beach Counties from the St. Lucie Inlet to the northern 155 boundary of the Biscayne National Park. 156 157 Any and all submerged lands theretofore conveyed by the Trustees 158 of the Internal Improvement Trust Fund and any and all uplands 159 now in private ownership are specifically exempted from this 160 dedication. 161 Section 3.Subsection (9) is added to section 373.250, 162 Florida Statutes, to read: 163 373.250Reuse of reclaimed water. 164 (9)To promote the use of reclaimed water and encourage 165 quantifiable potable water offsets that produce significant 166 water savings beyond those required in a consumptive use permit, 167 each water management district, in coordination with the 168 department, shall develop rules by December 31, 2025, which 169 provide all of the following: 170 (a)If an applicant proposes a water supply development or 171 water resource development project using reclaimed water that 172 meets the advanced waste treatment standards for total nitrogen 173 and total phosphorous as defined in s. 403.086(4)(a), as part of 174 an application for consumptive use, the applicant is eligible 175 for a permit duration of up to 30 years if there is sufficient 176 data to provide reasonable assurance that the conditions for 177 permit issuance will be met for the duration of the permit. 178 Rules developed pursuant to this paragraph must include, at a 179 minimum: 180 1.A requirement that the permittee demonstrate how 181 quantifiable groundwater or surface water savings associated 182 with the new water supply development or water resource 183 development project either meets water demands beyond a 20-year 184 permit duration or is completed for the purpose of meeting the 185 requirements of an adopted recovery or prevention strategy; and 186 2.Guidelines for a district to follow in determining the 187 permit duration based on the projects implementation. 188 189 This paragraph does not limit the existing authority of a water 190 management district to issue a shorter duration permit to 191 protect from harm the water resources or ecology of the area, or 192 to otherwise ensure compliance with the conditions for permit 193 issuance. 194 (b)Authorization for a consumptive use permittee to seek a 195 permit extension of up to 10 years if the permittee proposes a 196 water supply development or water resource development project 197 using reclaimed water that meets the advanced waste treatment 198 standards for total nitrogen and total phosphorous as defined in 199 s. 403.086(4)(a) during the term of its permit which results in 200 the reduction of groundwater or surface water withdrawals or is 201 completed to benefit a waterbody with a minimum flow or minimum 202 water level with a recovery or prevention strategy. Rules 203 associated with this paragraph must include, at a minimum: 204 1.A requirement that the permittee be in compliance with 205 the permittees consumptive use permit; 206 2.A requirement that the permittee demonstrate how the 207 quantifiable groundwater or surface water savings associated 208 with the new water supply development or water resource 209 development project either meets water demands beyond the issued 210 permit duration or is completed for the purpose of meeting the 211 requirements of an adopted recovery or prevention strategy; 212 3.A requirement that the permittee demonstrate a water 213 demand for the permits allocation through the term of the 214 extension; and 215 4.Guidelines for a district to follow in determining the 216 number of years extended, including a minimum year requirement, 217 based on the project implementation. 218 219 This paragraph does not limit the existing authority of a water 220 management district to protect from harm the water resources or 221 ecology of the area, or to otherwise ensure compliance with the 222 conditions for permit issuance. 223 Section 4.Present paragraphs (c) and (d) of subsection (2) 224 of section 380.093, Florida Statutes, are redesignated as 225 paragraphs (d) and (e), respectively, a new paragraph (c) is 226 added to that subsection, and present paragraph (c) of 227 subsection (2), paragraphs (b), (c), and (d) of subsection (3), 228 and subsections (4), (5), and (6) of that section are amended, 229 to read: 230 380.093Resilient Florida Grant Program; comprehensive 231 statewide flood vulnerability and sea level rise data set and 232 assessment; Statewide Flooding and Sea Level Rise Resilience 233 Plan; regional resilience entities. 234 (2)DEFINITIONS.As used in this section, the term: 235 (c)Florida Flood Hub means the Florida Flood Hub for 236 Applied Research and Innovation established pursuant to s. 237 380.0933. 238 (d)(c)Preconstruction activities means activities 239 associated with a project that addresses the risks of flooding 240 and sea level rise that occur before construction begins, 241 including, but not limited to, design of the project, permitting 242 for the project, surveys and data collection, site development, 243 solicitation, public hearings, local code or comprehensive plan 244 amendments, establishing local funding sources, and easement 245 acquisition. 246 (3)RESILIENT FLORIDA GRANT PROGRAM. 247 (b)Subject to appropriation, the department may provide 248 grants to each of the following entities: 249 1.A county or municipality to fund: 250 a.The costs of community resilience planning and necessary 251 data collection for such planning, including comprehensive plan 252 amendments and necessary corresponding analyses that address the 253 requirements of s. 163.3178(2)(f). 254 b.Vulnerability assessments that identify or address risks 255 of inland or coastal flooding and sea level rise. 256 c.Updates to the countys or municipalitys inventory of 257 critical assets, including regionally significant assets that 258 are currently or reasonably expected to be impacted by flooding 259 and sea level rise. The updated inventory must be submitted to 260 the department and, at the time of submission, must reflect all 261 such assets that are currently, or within 50 years may 262 reasonably be expected to be, impacted by flooding and sea level 263 rise. 264 d.The development of projects, plans, strategies, and 265 policies that enhance community preparations allow communities 266 to prepare for threats from flooding and sea level rise, 267 including adaptation plans that help local governments 268 prioritize project development and implementation across one or 269 more jurisdictions in a manner consistent with departmental 270 guidance. 271 e.d.Preconstruction activities for projects to be 272 submitted for inclusion in the Statewide Flooding and Sea Level 273 Rise Resilience Plan. Only communities eligible for a reduced 274 cost share as defined in paragraph (5)(e) are eligible for such 275 preconstruction activities that are located in a municipality 276 that has a population of 10,000 or fewer or a county that has a 277 population of 50,000 or fewer, according to the most recent 278 April 1 population estimates posted on the Office of Economic 279 and Demographic Researchs website. 280 f.e.Feasibility studies and the cost of permitting for 281 nature-based solutions that reduce the impact of flooding and 282 sea level rise. 283 g.The cost of permitting for projects designed to achieve 284 reductions in the risks or impacts of flooding and sea level 285 rise using nature-based solutions. 286 2.A water management district identified in s. 373.069 to 287 support local government adaptation planning, which may be 288 conducted by the water management district or by a third party 289 on behalf of the water management district. Such grants must be 290 used for the express purpose of supporting the Florida Flood Hub 291 for Applied Research and Innovation and the department in 292 implementing this section through data creation and collection, 293 modeling, and the implementation of statewide standards. 294 Priority must be given to filling critical data gaps identified 295 by the Florida Flood Hub for Applied Research and Innovation 296 under s. 380.0933(2)(a). 297 (c)A vulnerability assessment conducted pursuant to 298 paragraph (b) must encompass the entire county or municipality; 299 include all critical assets owned or maintained by the grant 300 applicant; and use the most recent publicly available Digital 301 Elevation Model and generally accepted analysis and modeling 302 techniques. An assessment may encompass a smaller geographic 303 area or include only a portion of the critical assets owned or 304 maintained by the grant applicant with appropriate rationale and 305 upon approval by the department. Locally collected elevation 306 data may also be included as part of the assessment as long as 307 it is submitted to the department pursuant to this paragraph. 308 1.The assessment must include an analysis of the 309 vulnerability of and risks to critical assets, including 310 regionally significant assets, owned or managed by the county or 311 municipality. 312 2.Upon completion of a vulnerability assessment, the 313 county or municipality shall submit to the department all of the 314 following: 315 a.A report detailing the findings of the assessment. 316 b.All electronic mapping data used to illustrate flooding 317 and sea level rise impacts identified in the assessment. When 318 submitting such data, the county or municipality shall include: 319 (I)Geospatial data in an electronic file format suitable 320 for input to the departments mapping tool. 321 (II)Geographic information system (GIS) data that has been 322 projected into the appropriate Florida State Plane Coordinate 323 System and that is suitable for the departments mapping tool. 324 The county or municipality must also submit metadata using 325 standards prescribed by the department. 326 c.An inventory A list of critical assets, including 327 regionally significant assets, that are currently, or within 50 328 years are reasonably expected to be, impacted by flooding and 329 sea level rise. 330 (d)A vulnerability assessment conducted pursuant to 331 paragraph (b) must do include all of the following: 332 1.Include peril of flood comprehensive plan amendments 333 that address the requirements of s. 163.3178(2)(f), if the 334 county or municipality is subject to such requirements and has 335 not complied with such requirements as determined by the 336 Department of Commerce Economic Opportunity. 337 2.Make use of the best available information through the 338 Florida Flood Hub as certified by the Chief Science Officer, in 339 consultation with the Chief Resilience Officer, including, as If 340 applicable, analyzing impacts related to the depth of: 341 a.Tidal flooding, including future high tide flooding, 342 which must use thresholds published and provided by the 343 department. To the extent practicable, the analysis should also 344 geographically display the number of tidal flood days expected 345 for each scenario and planning horizon. 346 b.Current and future storm surge flooding using publicly 347 available National Oceanic and Atmospheric Administration or 348 Federal Emergency Management Agency storm surge data. The 349 initial storm surge event used must equal or exceed the current 350 100-year flood event. Higher frequency storm events may be 351 analyzed to understand the exposure of a critical asset or 352 regionally significant asset. Publicly available National 353 Oceanic and Atmospheric Administration (NOAA) or Federal 354 Emergency Management Agency storm surge data may be used in the 355 absence of applicable data from the Florida Flood Hub. 356 c.To the extent practicable, rainfall-induced flooding 357 using a GIS-based spatiotemporal analysis or existing hydrologic 358 and hydraulic modeling results. Future boundary conditions 359 should be modified to consider sea level rise and high tide 360 conditions. Vulnerability assessments for rainfall-induced 361 flooding must include the depth of rainfall-induced flooding for 362 a 100-year storm and a 500-year storm, as defined by the 363 applicable water management district or, if necessary, the 364 appropriate federal agency. Future rainfall conditions should be 365 used, if available. Noncoastal communities must perform a 366 rainfall-induced flooding assessment. 367 d.To the extent practicable, compound flooding or the 368 combination of tidal, storm surge, and rainfall-induced 369 flooding. 370 3.Apply the following scenarios and standards: 371 a.All analyses in the North American Vertical Datum of 372 1988. 373 b.For a vulnerability assessment initiated after July 1, 374 2024, at a minimum least two local sea level rise scenarios, 375 which must include the 2022 NOAA 2017 National Oceanic and 376 Atmospheric Administration intermediate-low and intermediate 377 intermediate-high sea level rise scenarios or the statewide sea 378 level rise projections developed pursuant to paragraph (4)(a) 379 projections. 380 c.At least two planning horizons identified in the 381 following table which correspond with the appropriate 382 comprehensive statewide flood vulnerability and sea level rise 383 assessment for which the department, at the time of award, 384 determines such local vulnerability assessment will be 385 incorporated: 386 387 Year of assessment 20-year planning horizon50-year planning horizon 388 2024 2040 2070 389 2029 2050 2080 390 2034 2055 2085 391 2039 2060 2090 392 2044 2065 2095 393 2049 2070 2100 394 395 that include planning horizons for the years 2040 and 2070. 396 d.Local sea level data maintained by the Florida Flood Hub 397 which reflect the best available scientific information as 398 certified by the Chief Science Officer, in consultation with the 399 Chief Resilience Officer. If such data is not available, local 400 sea level data may be that has been interpolated between the two 401 closest NOAA National Oceanic and Atmospheric Administration 402 tide gauges; however, such. Local sea level data may be taken 403 from only one of the two closest NOAA tide gauges such gauge if 404 the gauge has a higher mean sea level or may be. Data taken from 405 an alternate tide gauge may be used with appropriate rationale 406 and department approval, as long as it is publicly available or 407 submitted to the department pursuant to paragraph (b). 408 (4)COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 409 LEVEL RISE DATA SET AND ASSESSMENT. 410 (a)By July 1, 2023, The department shall develop and 411 maintain complete the development of a comprehensive statewide 412 flood vulnerability and sea level rise data set sufficient to 413 conduct a comprehensive statewide flood vulnerability and sea 414 level rise assessment. In developing and maintaining the data 415 set, the department shall, in coordination with the Chief 416 Resilience Officer and the Florida Flood Hub for Applied 417 Research and Innovation, compile, analyze, and incorporate, as 418 appropriate, information related to vulnerability assessments 419 and critical asset inventories submitted to the department 420 pursuant to subsection (3) or any previously completed 421 assessments that meet the requirements of subsection (3). 422 1.The Chief Science Officer shall, in coordination with 423 the Chief Resilience Officer and the Florida Flood Hub necessary 424 experts and resources, develop statewide sea level rise 425 projections that incorporate temporal and spatial variability, 426 to the extent practicable, for inclusion in the data set. This 427 subparagraph does not supersede regionally adopted projections. 428 2.The data set must include information necessary to 429 determine the risks to inland and coastal communities, 430 including, but not limited to, elevation, tidal levels, and 431 precipitation. 432 (b)By July 1, 2024, The department, in coordination with 433 the Chief Resilience Officer and the Florida Flood Hub, shall 434 complete a comprehensive statewide flood vulnerability and sea 435 level rise assessment that identifies inland and coastal 436 infrastructure, geographic areas, and communities in this the 437 state which that are vulnerable to flooding and sea level rise 438 and the associated risks. 439 1.The department shall use the comprehensive statewide 440 flood vulnerability and sea level rise data set to conduct the 441 assessment. 442 2.The assessment must incorporate local and regional 443 analyses of vulnerabilities and risks, including, as 444 appropriate, local mitigation strategies and postdisaster 445 redevelopment plans. 446 3.The assessment must include an inventory of critical 447 assets, including regionally significant assets, that are 448 essential for critical government and business functions, 449 national security, public health and safety, the economy, flood 450 and storm protection, water quality management, and wildlife 451 habitat management, and must identify and analyze the 452 vulnerability of and risks to such critical assets. When 453 identifying critical assets for inclusion in the assessment, the 454 department shall also take into consideration the critical 455 assets identified by local governments and submitted to the 456 department pursuant to subsection (3). 457 4.The assessment must include the 20-year and 50-year 458 projected sea level rise at each active NOAA tidal gauge off the 459 coast of this state as derived from the statewide sea level rise 460 projections developed pursuant to paragraph (a). 461 (c)The department, in coordination with the Chief 462 Resilience Officer and the Florida Flood Hub, shall update the 463 comprehensive statewide flood vulnerability and sea level rise 464 data set with the best available information each year and shall 465 update the assessment at least every 5 years. The department may 466 update the data set and assessment more frequently if it 467 determines that updates are necessary to maintain the validity 468 of the data set and assessment. 469 (5)STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN. 470 (a)By December 1 of, 2021, and each year December 1 471 thereafter, the department shall develop a Statewide Flooding 472 and Sea Level Rise Resilience Plan on a 3-year planning horizon 473 and submit it to the Governor, the President of the Senate, and 474 the Speaker of the House of Representatives. The plan must 475 consist of ranked projects that address risks of flooding and 476 sea level rise to coastal and inland communities in the state. 477 All eligible projects submitted to the department pursuant to 478 this section must be ranked and included in the plan. Each plan 479 must include a detailed narrative overview describing how the 480 plan was developed, including a description of the methodology 481 used by the department to determine project eligibility, a 482 description of the methodology used to rank projects, the 483 specific scoring system used, the project proposal application 484 form, a copy of each submitted project proposal application form 485 separated by eligible projects and ineligible projects, the 486 total number of project proposals received and deemed eligible, 487 the total funding requested, and the total funding requested for 488 eligible projects. 489 (b)The plan submitted by December 1, 2021, before the 490 comprehensive statewide flood vulnerability and sea level rise 491 assessment is completed, will be a preliminary plan that 492 includes projects that address risks of flooding and sea level 493 rise identified in available local government vulnerability 494 assessments and projects submitted by water management districts 495 that mitigate the risks of flooding or sea level rise on water 496 supplies or water resources of the state. The plan submitted by 497 December 1, 2022, and the plan submitted by December 1, 2023, 498 will be updates to the preliminary plan. The plan submitted by 499 December 1, 2024, and each plan submitted by December 1 500 thereafter:, 501 1.Shall primarily address risks of flooding and sea level 502 rise identified in the comprehensive statewide flood 503 vulnerability and sea level rise assessment; and 504 2.May include, at the discretion of the department in 505 consultation with the Chief Resilience Officer, other projects 506 submitted pursuant to paragraph (d) which address risks of 507 flooding and sea level rise to critical assets not yet 508 identified in the comprehensive statewide flood vulnerability 509 and sea level rise assessment. 510 (c)Each plan submitted by the department pursuant to this 511 subsection must include all of the following information for 512 each recommended project: 513 1.A description of the project. 514 2.The location of the project. 515 3.An estimate of how long the project will take to 516 complete. 517 4.An estimate of the cost of the project. 518 5.The cost-share percentage available for the project. 519 6.A summary of the priority score assigned to the project. 520 7.The project sponsor. 521 (d)1.By September 1 of, 2021, and each year September 1 522 thereafter, all of the following entities may submit to the 523 department a list of proposed projects that address risks of 524 flooding or sea level rise identified in the comprehensive 525 statewide flood vulnerability and sea level rise assessment or 526 vulnerability assessments that meet the requirements of 527 subsection (3): 528 a.Counties. 529 b.Municipalities. 530 c.Special districts as defined in s. 189.012 which that 531 are responsible for the management and maintenance of inlets and 532 intracoastal waterways or for the operation and maintenance of a 533 potable water facility, a wastewater facility, an airport, or a 534 seaport facility. 535 d.Regional resilience entities acting on behalf of one or 536 more member counties or municipalities. 537 538 For the plans submitted by December 1, 2024, such entities may 539 submit projects identified in existing vulnerability assessments 540 that do not comply with subsection (3) only if the entity is 541 actively developing a vulnerability assessment that is either 542 under a signed grant agreement with the department pursuant to 543 subsection (3) or funded by another state or federal agency, or 544 is self-funded and intended to meet the requirements of 545 paragraph (3)(d) or if the existing vulnerability assessment was 546 completed using previously compliant statutory requirements. 547 Projects identified from this category of vulnerability 548 assessments will be eligible for submittal until the prior 549 vulnerability assessment has been updated to meet most recent 550 statutory requirements 2021; December 1, 2022; and December 1, 551 2023, such entities may submit projects identified in existing 552 vulnerability assessments that do not comply with subsection 553 (3). A regional resilience entity may also submit proposed 554 projects to the department pursuant to this subparagraph on 555 behalf of one or more member counties or municipalities. 556 2.By September 1 of, 2021, and each year September 1 557 thereafter, all of the following entities may submit to the 558 department a list of any proposed projects that address risks of 559 flooding or sea level rise identified in the comprehensive 560 statewide flood vulnerability and sea level rise assessment or 561 vulnerability assessments that meet the requirements of 562 subsection (3), or that mitigate the risks of flooding or sea 563 level rise on water supplies or water resources of the state and 564 a corresponding evaluation of each project: 565 a.Water management districts. 566 b.Drainage districts. 567 c.Erosion control districts. 568 d.Flood control districts. 569 e.Regional water supply authorities. 570 3.Each project submitted to the department pursuant to 571 this paragraph for consideration by the department for inclusion 572 in the plan must include all of the following information: 573 a.A description of the project. 574 b.The location of the project. 575 c.An estimate of how long the project will take to 576 complete. 577 d.An estimate of the cost of the project. 578 e.The cost-share percentage available for the project. 579 f.The project sponsor. 580 (e)Each project included in the plan must have a minimum 581 50 percent cost share unless the project assists or is within a 582 financially disadvantaged small community eligible for a reduced 583 cost share. For purposes of this section, the term financially 584 disadvantaged small community eligible for a reduced cost share 585 means: 586 1.A municipality that has a population of 10,000 or fewer, 587 according to the most recent April 1 population estimates posted 588 on the Office of Economic and Demographic Researchs website, 589 and a per capita annual income that is less than the states per 590 capita annual income as shown in the most recent release from 591 the Bureau of the Census of the United States Department of 592 Commerce that includes both measurements; or 593 2.A county that has a population of 50,000 or fewer, 594 according to the most recent April 1 population estimates posted 595 on the Office of Economic and Demographic Researchs website, 596 and a per capita annual income that is less than the states per 597 capita annual income as shown in the most recent release from 598 the Bureau of the Census of the United States Department of 599 Commerce that includes both measurements; or 600 3.A municipality or county that has a per capita annual 601 income that is equal to or less than 75 percent of the states 602 per capita annual income as shown in the most recent release 603 from the Bureau of the Census of the United States Department of 604 Commerce. 605 (f)To be eligible for inclusion in the plan, a project 606 must have been submitted pursuant to paragraph (d) or must have 607 been identified in the comprehensive statewide flood 608 vulnerability and sea level rise assessment, as applicable. 609 (g)Expenses ineligible for inclusion in the plan include, 610 but are not limited to, expenses associated with any of the 611 following: 612 1.Aesthetic vegetation. 613 2.Recreational structures such as piers, docks, and 614 boardwalks. 615 3.Water quality components of stormwater and wastewater 616 management systems, except for expenses to mitigate water 617 quality impacts caused by the project or expenses related to 618 water quality which are necessary to obtain a permit for the 619 project. 620 4.Maintenance and repair of over-walks. 621 5.Park activities and facilities, except expenses to 622 control flooding or erosion. 623 6.Navigation construction, operation, and maintenance 624 activities. 625 7.Projects that provide only recreational benefits. 626 (g)(h)The department shall implement a scoring system for 627 assessing each project eligible for inclusion in the plan 628 pursuant to this subsection. The scoring system must include the 629 following tiers and associated criteria: 630 1.Tier 1 must account for 40 percent of the total score 631 and consist of all of the following criteria: 632 a.The degree to which the project addresses the risks 633 posed by flooding and sea level rise identified in the local 634 government vulnerability assessments or the comprehensive 635 statewide flood vulnerability and sea level rise assessment, as 636 applicable. 637 b.The degree to which the project addresses risks to 638 regionally significant assets. 639 c.The degree to which the project reduces risks to areas 640 with an overall higher percentage of vulnerable critical assets. 641 d.The degree to which the project contributes to existing 642 flooding mitigation projects that reduce upland damage costs by 643 incorporating new or enhanced structures or restoration and 644 revegetation projects. 645 2.Tier 2 must account for 30 percent of the total score 646 and consist of all of the following criteria: 647 a.The degree to which flooding and erosion currently 648 affect the condition of the project area. 649 b.The overall readiness of the project to proceed in a 650 timely manner, considering the projects readiness for the 651 construction phase of development, the status of required 652 permits, the status of any needed easement acquisition, and the 653 availability of local funding sources. 654 c.The environmental habitat enhancement or inclusion of 655 nature-based options for resilience, with priority given to 656 state or federal critical habitat areas for threatened or 657 endangered species. 658 d.The cost-effectiveness of the project. 659 3.Tier 3 must account for 20 percent of the total score 660 and consist of all of the following criteria: 661 a.The availability of local, state, and federal matching 662 funds, considering the status of the funding award, and federal 663 authorization, if applicable. 664 b.Previous state commitment and involvement in the 665 project, considering previously funded phases, the total amount 666 of previous state funding, and previous partial appropriations 667 for the proposed project. 668 c.The exceedance of the flood-resistant construction 669 requirements of the Florida Building Code and applicable flood 670 plain management regulations. 671 4.Tier 4 must account for 10 percent of the total score 672 and consist of all of the following criteria: 673 a.The proposed innovative technologies designed to reduce 674 project costs and provide regional collaboration. 675 b.The extent to which the project assists financially 676 disadvantaged communities. 677 (h)(i)The total amount of funding proposed for each year 678 of the plan may not be less than $100 million. Upon review and 679 subject to appropriation, the Legislature shall approve funding 680 for the projects as specified in the plan. Multiyear projects 681 that receive funding for the first year of the project must be 682 included in subsequent plans and funded until the project is 683 complete, provided that the project sponsor has complied with 684 all contractual obligations and funds are available. 685 (i)(j)The department shall adopt rules initiate rulemaking 686 by August 1, 2021, to implement this section. 687 (6)REGIONAL RESILIENCE ENTITIES.Subject to specific 688 legislative appropriation, the department may provide funding 689 for all of the following purposes to regional entities, 690 including regional planning councils and estuary partnerships, 691 that are established by general purpose local governments and 692 whose responsibilities include planning for the resilience needs 693 of communities and coordinating intergovernmental solutions to 694 mitigate adverse impacts of flooding and sea level rise: 695 (a)Providing technical assistance to counties and 696 municipalities. 697 (b)Coordinating and conducting activities authorized by 698 subsection (3) with broad regional benefit or on behalf of 699 multiple member counties and municipalities multijurisdictional 700 vulnerability assessments. 701 (c)Developing project proposals to be submitted for 702 inclusion in the Statewide Flooding and Sea Level Rise 703 Resilience Plan. 704 Section 5.Subsection (1) of section 381.0061, Florida 705 Statutes, is amended to read: 706 381.0061Administrative fines. 707 (1)In addition to any administrative action authorized by 708 chapter 120 or by other law, the department may impose a fine, 709 which may not exceed $500 for each violation, for a violation of 710 s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or 711 part III of chapter 489, for a violation of any rule adopted by 712 the department under this chapter, or for a violation of chapter 713 386 not involving onsite sewage treatment and disposal systems. 714 The department shall give an alleged violator a notice of intent 715 to impose such fine shall be given by the department to the 716 alleged violator. Each day that a violation continues may 717 constitute a separate violation. 718 Section 6.The Legislature intends that the transfer of the 719 regulation of the Onsite Sewage Program from the Department of 720 Health to the Department of Environmental Protection, as 721 required by the Clean Waterways Act, chapter 2020-150, Laws of 722 Florida, be completed in a phased approach. 723 (1)Before the phased transfer, the Department of 724 Environmental Protection shall coordinate with the Department of 725 Health to identify equipment and vehicles that were previously 726 used to carry out the program in each county and that are no 727 longer needed for such purpose. The Department of Health shall 728 transfer the agreed-upon equipment and vehicles to the 729 Department of Environmental Protection, to the extent that each 730 county agrees to relinquish ownership of such equipment and 731 vehicles to the Department of Health. 732 (2)When the Department of Environmental Protection begins 733 implementing the program within a county, the Department of 734 Health may no longer implement or collect fees for the program 735 unless specified by separate delegation or contract with the 736 Department of Environmental Protection. 737 Section 7.Paragraph (h) of subsection (3) and subsections 738 (5) and (7) of section 381.0065, Florida Statutes, are amended, 739 paragraph (o) is added to subsection (3) of that section, and 740 subsection (9) is added to that section, to read: 741 381.0065Onsite sewage treatment and disposal systems; 742 regulation. 743 (3)DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL 744 PROTECTION.The department shall: 745 (h)Conduct enforcement activities in accordance with part 746 I of chapter 403, including imposing fines, issuing citations, 747 suspensions, revocations, injunctions, and emergency orders for 748 violations of this section, part I of chapter 386, or part III 749 of chapter 489 or for a violation of any rule adopted by the 750 department under this section, part I of chapter 386, or part 751 III of chapter 489. All references to part I of chapter 386 in 752 this section relate solely to nuisances involving improperly 753 built or maintained septic tanks or other onsite sewage 754 treatment and disposal systems, and untreated or improperly 755 treated or transported waste from onsite sewage treatment and 756 disposal systems. The department shall have all the duties and 757 authorities of the Department of Health in part I of chapter 386 758 for nuisances involving onsite sewage treatment and disposal 759 systems. The departments authority under part I of chapter 386 760 is in addition to and may be pursued independently of or 761 simultaneously with the enforcement remedies provided under this 762 section and chapter 403. 763 (o)Adopt rules establishing and implementing a program of 764 general permits for this section for projects, or categories of 765 projects, which have, individually or cumulatively, a minimal 766 adverse impact on public health or the environment. Such rules 767 must: 768 1.Specify design or performance criteria which, if 769 applied, would result in compliance with appropriate standards; 770 and 771 2.Authorize a person who complies with the general permit 772 eligibility requirements to use the permit 30 days after giving 773 notice to the department without any agency action by the 774 department. Within the 30-day notice period, the department 775 shall determine whether the activity qualifies for a general 776 permit. If the activity does not qualify or the notice does not 777 contain all the required information, the department must notify 778 the person. 779 (5)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS. 780 (a)Department personnel who have reason to believe 781 noncompliance exists, may at any reasonable time, enter the 782 premises permitted under ss. 381.0065-381.0066, or the business 783 premises of any septic tank contractor or master septic tank 784 contractor registered under part III of chapter 489, or any 785 premises that the department has reason to believe is being 786 operated or maintained not in compliance, to determine 787 compliance with the provisions of this section, part I of 788 chapter 386, or part III of chapter 489 or rules or standards 789 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 790 part III of chapter 489. As used in this paragraph, the term 791 premises does not include a residence or private building. To 792 gain entry to a residence or private building, the department 793 must obtain permission from the owner or occupant or secure an 794 inspection warrant from a court of competent jurisdiction 795 pursuant to the procedures of s. 403.091. 796 (b)1.The department has all of the judicial and 797 administrative remedies available to it pursuant to part I of 798 chapter 403 may issue citations that may contain an order of 799 correction or an order to pay a fine, or both, for violations of 800 ss. 381.0065-381.0067, part I of chapter 386, or part III of 801 chapter 489 or the rules adopted by the department, when a 802 violation of these sections or rules is enforceable by an 803 administrative or civil remedy, or when a violation of these 804 sections or rules is a misdemeanor of the second degree. A 805 citation issued under ss. 381.0065-381.0067, part I of chapter 806 386, or part III of chapter 489 constitutes a notice of proposed 807 agency action. 808 2.A citation must be in writing and must describe the 809 particular nature of the violation, including specific reference 810 to the provisions of law or rule allegedly violated. 811 3.The fines imposed by a citation issued by the department 812 may not exceed $500 for each violation. Each day the violation 813 exists constitutes a separate violation for which a citation may 814 be issued. 815 4.The department shall inform the recipient, by written 816 notice pursuant to ss. 120.569 and 120.57, of the right to an 817 administrative hearing to contest the citation within 21 days 818 after the date the citation is received. The citation must 819 contain a conspicuous statement that if the recipient fails to 820 pay the fine within the time allowed, or fails to appear to 821 contest the citation after having requested a hearing, the 822 recipient has waived the recipients right to contest the 823 citation and must pay an amount up to the maximum fine. 824 5.The department may reduce or waive the fine imposed by 825 the citation. In determining whether to reduce or waive the 826 fine, the department must consider the gravity of the violation, 827 the persons attempts at correcting the violation, and the 828 persons history of previous violations including violations for 829 which enforcement actions were taken under ss. 381.0065 830 381.0067, part I of chapter 386, part III of chapter 489, or 831 other provisions of law or rule. 832 6.Any person who willfully refuses to sign and accept a 833 citation issued by the department commits a misdemeanor of the 834 second degree, punishable as provided in s. 775.082 or s. 835 775.083. 836 7.The department, pursuant to ss. 381.0065-381.0067, part 837 I of chapter 386, or part III of chapter 489, shall deposit any 838 damages, costs, or penalties fines it collects pursuant to this 839 section and part I of chapter 403 in the Water Quality Assurance 840 Trust Fund county health department trust fund for use in 841 providing services specified in those sections. 842 8.This section provides an alternative means of enforcing 843 ss. 381.0065-381.0067, part I of chapter 386, and part III of 844 chapter 489. This section does not prohibit the department from 845 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part 846 III of chapter 489, or its rules, by any other means. However, 847 the department must elect to use only a single method of 848 enforcement for each violation. 849 (7)USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE 850 TREATMENT AND DISPOSAL SYSTEMS.To meet the requirements of a 851 total maximum daily load, the department shall implement a fast 852 track approval process of no longer than 6 months for the 853 determination of the use of American National Standards 854 Institute 245 systems approved by NSF International before July 855 1, 2020. The department shall also establish an enhanced 856 nutrient-reducing onsite sewage treatment and disposal system 857 approval program that will expeditiously evaluate and approve 858 such systems for use in this state to comply with ss. 859 403.067(7)(a)10. and 373.469(3)(d). 860 (9)CONTRACT OR DELEGATION AUTHORITY.The department may 861 contract with or delegate its powers and duties under this 862 section to a county as provided in s. 403.061 or s. 403.182. 863 Section 8.Subsection (2) of section 381.0066, Florida 864 Statutes, is amended to read: 865 381.0066Onsite sewage treatment and disposal systems; 866 fees. 867 (2)The minimum fees in the following fee schedule apply 868 until changed by rule by the department within the following 869 limits: 870 (a)Application review, permit issuance, or system 871 inspection, when performed by the department or a private 872 provider inspector, including repair of a subsurface, mound, 873 filled, or other alternative system or permitting of an 874 abandoned system: a fee of not less than $25, or more than $125. 875 (b)Site evaluation, site reevaluation, evaluation of a 876 system previously in use, or a per annum septage disposal site 877 evaluation: a fee of not less than $40, or more than $115. 878 (c)Biennial operating permit for aerobic treatment units 879 or performance-based treatment systems: a fee of not more than 880 $100. 881 (d)Annual operating permit for systems located in areas 882 zoned for industrial manufacturing or equivalent uses or where 883 the system is expected to receive wastewater which is not 884 domestic in nature: a fee of not less than $150, or more than 885 $300. 886 (e)Innovative technology: a fee not to exceed $25,000. 887 (f)Septage disposal service, septage stabilization 888 facility, portable or temporary toilet service, tank 889 manufacturer inspection: a fee of not less than $25, or more 890 than $200, per year. 891 (g)Application for variance: a fee of not less than $150, 892 or more than $300. 893 (h)Annual operating permit for waterless, incinerating, or 894 organic waste composting toilets: a fee of not less than $15, or 895 more than $30. 896 (i)Aerobic treatment unit or performance-based treatment 897 system maintenance entity permit: a fee of not less than $25, or 898 more than $150, per year. 899 (j)Reinspection fee per visit for site inspection after 900 system construction approval or for noncompliant system 901 installation per site visit: a fee of not less than $25, or more 902 than $100. 903 (k)Research: An additional $5 fee shall be added to each 904 new system construction permit issued to be used to fund onsite 905 sewage treatment and disposal system research, demonstration, 906 and training projects. Five dollars from any repair permit fee 907 collected under this section shall be used for funding the 908 hands-on training centers described in s. 381.0065(3)(j). 909 (l)Annual operating permit, including annual inspection 910 and any required sampling and laboratory analysis of effluent, 911 for an engineer-designed performance-based system: a fee of not 912 less than $150, or more than $300. 913 914 The funds collected pursuant to this subsection for the 915 implementation of onsite sewage treatment and disposal system 916 regulation and for the purposes of ss. 381.00655 and 381.0067, 917 subsequent to any phased transfer of implementation from the 918 Department of Health to the department within any county 919 pursuant to s. 381.0065, must be deposited in the Florida Permit 920 Fee Trust Fund under s. 403.0871, to be administered by the 921 department a trust fund administered by the department, to be 922 used for the purposes stated in this section and ss. 381.0065 923 and 381.00655. 924 Section 9.Subsection (4) of section 403.061, Florida 925 Statutes, is amended to read: 926 403.061Department; powers and duties.The department shall 927 have the power and the duty to control and prohibit pollution of 928 air and water in accordance with the law and rules adopted and 929 promulgated by it and, for this purpose, to: 930 (4)Secure necessary scientific, technical, research, 931 administrative, and operational services by interagency 932 agreement, by contract, or otherwise. All state agencies and 933 counties, upon direction of the department, shall make these 934 services and facilities available. 935 936 The department shall implement such programs in conjunction with 937 its other powers and duties and shall place special emphasis on 938 reducing and eliminating contamination that presents a threat to 939 humans, animals or plants, or to the environment. 940 Section 10.Subsections (1), (2), (14), and (15) of section 941 403.064, Florida Statutes, are amended to read: 942 403.064Reuse of reclaimed water. 943 (1)The encouragement and promotion of water conservation, 944 and reuse of reclaimed water, as defined by the department, are 945 state objectives and are considered to be in the public 946 interest. The Legislature finds that the reuse of reclaimed 947 water is a critical component of meeting the states existing 948 and future water supply needs while sustaining natural systems 949 and encouraging its best and most beneficial use. The 950 Legislature further finds that for those wastewater treatment 951 plants permitted and operated under an approved reuse program by 952 the department, the reclaimed water shall be considered 953 environmentally acceptable and not a threat to public health and 954 safety. The Legislature encourages the development of incentive 955 based programs for reuse implementation. 956 (2)All applicants for permits to construct or operate a 957 domestic wastewater treatment facility located within, serving a 958 population located within, or discharging within a water 959 resource caution area shall prepare a reuse feasibility study as 960 part of their application for the permit. Reuse feasibility 961 studies must shall be prepared in accordance with department 962 guidelines adopted by rule and shall include, but are not 963 limited to: 964 (a)Evaluation of monetary costs and benefits for several 965 levels and types of reuse. 966 (b)Evaluation of the estimated water savings resulting 967 from different types of if reuse, if is implemented. 968 (c)Evaluation of rates and fees necessary to implement 969 reuse. 970 (d)Evaluation of environmental and water resource benefits 971 associated with the different types of reuse. 972 (e)Evaluation of economic, environmental, and technical 973 constraints associated with the different types of reuse, 974 including any constraints caused by potential water quality 975 impacts. 976 (f)A schedule for implementation of reuse. The schedule 977 must shall consider phased implementation. 978 (14)After conducting a feasibility study under subsection 979 (2), a domestic wastewater treatment facility facilities that 980 disposes dispose of effluent by Class I deep well injection, as 981 defined in 40 C.F.R. s. 144.6(a), surface water discharge, land 982 application, or other method to dispose of effluent or a portion 983 thereof must implement reuse to the degree that reuse is 984 feasible, based upon the applicants reuse feasibility study, 985 with consideration given to direct ecological or public water 986 supply benefits afforded by any disposal. Applicable permits 987 issued by the department must shall be consistent with the 988 requirements of this subsection. 989 (a)This subsection does not limit the use of a Class I 990 deep well injection as defined in 40 C.F.R. s. 144.6(a), surface 991 water discharge, land application, or another method to dispose 992 of effluent or a portion thereof for backup use only facility as 993 backup for a reclaimed water reuse system. 994 (b)This subsection applies only to domestic wastewater 995 treatment facilities located within, serving a population 996 located within, or discharging within a water resource caution 997 area. 998 (15)After conducting a feasibility study under subsection 999 (2), domestic wastewater treatment facilities that dispose of 1000 effluent by surface water discharges or by land application 1001 methods must implement reuse to the degree that reuse is 1002 feasible, based upon the applicants reuse feasibility study. 1003 This subsection does not apply to surface water discharges or 1004 land application systems which are currently categorized as 1005 reuse under department rules. Applicable permits issued by the 1006 department shall be consistent with the requirements of this 1007 subsection. 1008 (a)This subsection does not limit the use of a surface 1009 water discharge or land application facility as backup for a 1010 reclaimed water reuse system. 1011 (b)This subsection applies only to domestic wastewater 1012 treatment facilities located within, serving a population 1013 located within, or discharging within a water resource caution 1014 area. 1015 Section 11.Paragraph (a) of subsection (7) of section 1016 403.067, Florida Statutes, is amended to read: 1017 403.067Establishment and implementation of total maximum 1018 daily loads. 1019 (7)DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1020 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. 1021 (a)Basin management action plans. 1022 1.In developing and implementing the total maximum daily 1023 load for a waterbody, the department, or the department in 1024 conjunction with a water management district, may develop a 1025 basin management action plan that addresses some or all of the 1026 watersheds and basins tributary to the waterbody. Such plan must 1027 integrate the appropriate management strategies available to the 1028 state through existing water quality protection programs to 1029 achieve the total maximum daily loads and may provide for phased 1030 implementation of these management strategies to promote timely, 1031 cost-effective actions as provided for in s. 403.151. The plan 1032 must establish a schedule implementing the management 1033 strategies, establish a basis for evaluating the plans 1034 effectiveness, and identify feasible funding strategies for 1035 implementing the plans management strategies. The management 1036 strategies may include regional treatment systems or other 1037 public works, when appropriate, and voluntary trading of water 1038 quality credits to achieve the needed pollutant load reductions. 1039 2.A basin management action plan must equitably allocate, 1040 pursuant to paragraph (6)(b), pollutant reductions to individual 1041 basins, as a whole to all basins, or to each identified point 1042 source or category of nonpoint sources, as appropriate. For 1043 nonpoint sources for which best management practices have been 1044 adopted, the initial requirement specified by the plan must be 1045 those practices developed pursuant to paragraph (c). When 1046 appropriate, the plan may take into account the benefits of 1047 pollutant load reduction achieved by point or nonpoint sources 1048 that have implemented management strategies to reduce pollutant 1049 loads, including best management practices, before the 1050 development of the basin management action plan. The plan must 1051 also identify the mechanisms that will address potential future 1052 increases in pollutant loading. 1053 3.The basin management action planning process is intended 1054 to involve the broadest possible range of interested parties, 1055 with the objective of encouraging the greatest amount of 1056 cooperation and consensus possible. In developing a basin 1057 management action plan, the department shall assure that key 1058 stakeholders, including, but not limited to, applicable local 1059 governments, water management districts, the Department of 1060 Agriculture and Consumer Services, other appropriate state 1061 agencies, local soil and water conservation districts, 1062 environmental groups, regulated interests, and affected 1063 pollution sources, are invited to participate in the process. 1064 The department shall hold at least one public meeting in the 1065 vicinity of the watershed or basin to discuss and receive 1066 comments during the planning process and shall otherwise 1067 encourage public participation to the greatest practicable 1068 extent. Notice of the public meeting must be published in a 1069 newspaper of general circulation in each county in which the 1070 watershed or basin lies at least 5 days, but not more than 15 1071 days, before the public meeting. A basin management action plan 1072 does not supplant or otherwise alter any assessment made under 1073 subsection (3) or subsection (4) or any calculation or initial 1074 allocation. 1075 4.Each new or revised basin management action plan must 1076 include all of the following: 1077 a.The appropriate management strategies available through 1078 existing water quality protection programs to achieve total 1079 maximum daily loads, which may provide for phased implementation 1080 to promote timely, cost-effective actions as provided for in s. 1081 403.151. 1082 b.A description of best management practices adopted by 1083 rule. 1084 c.For the applicable 5-year implementation milestone, a 1085 list of projects that will achieve the pollutant load reductions 1086 needed to meet the total maximum daily load or the load 1087 allocations established pursuant to subsection (6). Each project 1088 must include a planning-level cost estimate and an estimated 1089 date of completion. 1090 d.A list of projects developed pursuant to paragraph (e), 1091 if applicable. 1092 e.The source and amount of financial assistance to be made 1093 available by the department, a water management district, or 1094 other entity for each listed project, if applicable. 1095 f.A planning-level estimate of each listed projects 1096 expected load reduction, if applicable. 1097 5.The department shall adopt all or any part of a basin 1098 management action plan and any amendment to such plan by 1099 secretarial order pursuant to chapter 120 to implement this 1100 section. 1101 6.The basin management action plan must include 5-year 1102 milestones for implementation and water quality improvement, and 1103 an associated water quality monitoring component sufficient to 1104 evaluate whether reasonable progress in pollutant load 1105 reductions is being achieved over time. An assessment of 1106 progress toward these milestones shall be conducted every 5 1107 years, and revisions to the plan shall be made as appropriate. 1108 Any entity with a specific pollutant load reduction requirement 1109 established in a basin management action plan shall identify the 1110 projects or strategies that such entity will undertake to meet 1111 current 5-year pollution reduction milestones, beginning with 1112 the first 5-year milestone for new basin management action 1113 plans, and submit such projects to the department for inclusion 1114 in the appropriate basin management action plan. Each project 1115 identified must include an estimated amount of nutrient 1116 reduction that is reasonably expected to be achieved based on 1117 the best scientific information available. Revisions to the 1118 basin management action plan shall be made by the department in 1119 cooperation with basin stakeholders. Revisions to the management 1120 strategies required for nonpoint sources must follow the 1121 procedures in subparagraph (c)4. Revised basin management action 1122 plans must be adopted pursuant to subparagraph 5. 1123 7.In accordance with procedures adopted by rule under 1124 paragraph (9)(c), basin management action plans, and other 1125 pollution control programs under local, state, or federal 1126 authority as provided in subsection (4), may allow point or 1127 nonpoint sources that will achieve greater pollutant reductions 1128 than required by an adopted total maximum daily load or 1129 wasteload allocation to generate, register, and trade water 1130 quality credits for the excess reductions to enable other 1131 sources to achieve their allocation; however, the generation of 1132 water quality credits does not remove the obligation of a source 1133 or activity to meet applicable technology requirements or 1134 adopted best management practices. Such plans must allow trading 1135 between NPDES permittees, and trading that may or may not 1136 involve NPDES permittees, where the generation or use of the 1137 credits involve an entity or activity not subject to department 1138 water discharge permits whose owner voluntarily elects to obtain 1139 department authorization for the generation and sale of credits. 1140 8.The departments rule relating to the equitable 1141 abatement of pollutants into surface waters do not apply to 1142 water bodies or waterbody segments for which a basin management 1143 plan that takes into account future new or expanded activities 1144 or discharges has been adopted under this section. 1145 9.In order to promote resilient wastewater utilities, if 1146 the department identifies domestic wastewater treatment 1147 facilities or onsite sewage treatment and disposal systems as 1148 contributors of at least 20 percent of point source or nonpoint 1149 source nutrient pollution or if the department determines 1150 remediation is necessary to achieve the total maximum daily 1151 load, a basin management action plan for a nutrient total 1152 maximum daily load must include the following: 1153 a.A domestic wastewater treatment plan developed by each 1154 local government, in cooperation with the department, the water 1155 management district, and the public and private domestic 1156 wastewater treatment facilities providing services or located 1157 within the jurisdiction of the local government, which that 1158 addresses domestic wastewater. Private domestic wastewater 1159 facilities and special districts providing domestic wastewater 1160 services must provide the required wastewater facility 1161 information to the applicable local governments. The domestic 1162 wastewater treatment plan must: 1163 (I)Provide for construction, expansion, or upgrades 1164 necessary to achieve the total maximum daily load requirements 1165 applicable to the domestic wastewater treatment facility. 1166 (II)Include the permitted capacity in average annual 1167 gallons per day for the domestic wastewater treatment facility; 1168 the average nutrient concentration and the estimated average 1169 nutrient load of the domestic wastewater; a projected timeline 1170 of the dates by which the construction of any facility 1171 improvements will begin and be completed and the date by which 1172 operations of the improved facility will begin; the estimated 1173 cost of the improvements; and the identity of responsible 1174 parties. 1175 1176 The domestic wastewater treatment plan must be adopted as part 1177 of the basin management action plan no later than July 1, 2025. 1178 A local government that does not have a domestic wastewater 1179 treatment facility in its jurisdiction is not required to 1180 develop a domestic wastewater treatment plan unless there is a 1181 demonstrated need to establish a domestic wastewater treatment 1182 facility within its jurisdiction to improve water quality 1183 necessary to achieve a total maximum daily load. A local 1184 government is not responsible for a private domestic wastewater 1185 facilitys compliance with a basin management action plan unless 1186 such facility is operated through a public-private partnership 1187 to which the local government is a party. 1188 b.An onsite sewage treatment and disposal system 1189 remediation plan developed by each local government in 1190 cooperation with the department, the Department of Health, water 1191 management districts, and public and private domestic wastewater 1192 treatment facilities. 1193 (I)The onsite sewage treatment and disposal system 1194 remediation plan must identify cost-effective and financially 1195 feasible projects necessary to achieve the nutrient load 1196 reductions required for onsite sewage treatment and disposal 1197 systems. To identify cost-effective and financially feasible 1198 projects for remediation of onsite sewage treatment and disposal 1199 systems, the local government shall: 1200 (A)Include an inventory of onsite sewage treatment and 1201 disposal systems based on the best information available; 1202 (B)Identify onsite sewage treatment and disposal systems 1203 that would be eliminated through connection to existing or 1204 future central domestic wastewater infrastructure in the 1205 jurisdiction or domestic wastewater service area of the local 1206 government, that would be replaced with or upgraded to enhanced 1207 nutrient-reducing onsite sewage treatment and disposal systems, 1208 or that would remain on conventional onsite sewage treatment and 1209 disposal systems; 1210 (C)Estimate the costs of potential onsite sewage treatment 1211 and disposal system connections, upgrades, or replacements; and 1212 (D)Identify deadlines and interim milestones for the 1213 planning, design, and construction of projects. 1214 (II)The department shall adopt the onsite sewage treatment 1215 and disposal system remediation plan as part of the basin 1216 management action plan no later than July 1, 2025, or as 1217 required for Outstanding Florida Springs under s. 373.807. 1218 10.The installation of new onsite sewage treatment and 1219 disposal systems constructed within a basin management action 1220 plan area adopted under this section, a reasonable assurance 1221 plan, or a pollution reduction plan is prohibited where 1222 connection to a publicly owned or investor-owned sewerage system 1223 is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1224 or less within a basin management action plan adopted under this 1225 section, a reasonable assurance plan, or a pollution reduction 1226 plan where a publicly owned or investor-owned sewerage system is 1227 not available, the installation of enhanced nutrient-reducing 1228 onsite sewage treatment and disposal systems or other wastewater 1229 treatment systems that achieve at least 65 percent nitrogen 1230 reduction is required. 1231 11.When identifying wastewater projects in a basin 1232 management action plan, the department may not require the 1233 higher cost option if it achieves the same nutrient load 1234 reduction as a lower cost option. A regulated entity may choose 1235 a different cost option if it complies with the pollutant 1236 reduction requirements of an adopted total maximum daily load 1237 and meets or exceeds the pollution reduction requirement of the 1238 original project. 1239 12.Annually, local governments subject to a basin 1240 management action plan or located within the basin of a 1241 waterbody not attaining nutrient or nutrient-related standards 1242 must provide to the department an update on the status of 1243 construction of sanitary sewers to serve such areas, in a manner 1244 prescribed by the department. 1245 Section 12.Paragraph (f) of subsection (2) and subsection 1246 (7) of section 403.0673, Florida Statutes, are amended, and 1247 subsection (8) is added to that section, to read: 1248 403.0673Water quality improvement grant program.A grant 1249 program is established within the Department of Environmental 1250 Protection to address wastewater, stormwater, and agricultural 1251 sources of nutrient loading to surface water or groundwater. 1252 (2)The department may provide grants for all of the 1253 following types of projects that reduce the amount of nutrients 1254 entering those waterbodies identified in subsection (1): 1255 (f)Projects identified in a domestic wastewater treatment 1256 plan or an onsite sewage treatment and disposal system 1257 remediation plan developed pursuant to s. 403.067(7)(a)9.a. and 1258 b. 1259 (7)Beginning January 15, 2024, and each January 15 1260 thereafter, the department shall submit a report regarding the 1261 projects funded pursuant to this section to the Governor, the 1262 President of the Senate, and the Speaker of the House of 1263 Representatives. 1264 (a)The report must include a list of those projects 1265 receiving funding and the following information for each 1266 project: 1267 1.(a)A description of the project; 1268 2.(b)The cost of the project; 1269 3.(c)The estimated nutrient load reduction of the project; 1270 4.(d)The location of the project; 1271 5.(e)The waterbody or waterbodies where the project will 1272 reduce nutrients; and 1273 6.(f)The total cost share being provided for the project. 1274 (b)The report must also include a status report on each 1275 project funded since 2021. The status report must, at a minimum, 1276 identify which projects have been completed and, if such 1277 information is available, provide nutrient load improvements or 1278 water quality testing data for the waterbody. 1279 (8)By July 1, 2025, the department must include the 1280 projects funded pursuant to this section on a user-friendly 1281 website or dashboard. The website or dashboard must allow the 1282 user to see the information provided in subsection (7) and must 1283 be updated at least annually. 1284 Section 13.Paragraph (c) of subsection (1) of section 1285 403.086, Florida Statutes, is amended to read: 1286 403.086Sewage disposal facilities; advanced and secondary 1287 waste treatment. 1288 (1) 1289 (c)1.Notwithstanding this chapter or chapter 373, sewage 1290 disposal facilities may not dispose any wastes into the 1291 following waters without providing advanced waste treatment, as 1292 defined in subsection (4), as approved by the department or a 1293 more stringent treatment standard if the department determines 1294 the more stringent standard is necessary to achieve the total 1295 maximum daily load or applicable water quality criteria: 1296 a.Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega 1297 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little 1298 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay; 1299 Biscayne Bay; or any river, stream, channel, canal, bay, bayou, 1300 sound, or other water tributary thereto. 1301 b.Beginning July 1, 2025, Indian River Lagoon, or any 1302 river, stream, channel, canal, bay, bayou, sound, or other water 1303 tributary thereto. 1304 c.By January 1, 2033, waterbodies that are currently not 1305 attaining nutrient or nutrient-related standards or that are 1306 subject to a nutrient or nutrient-related basin management 1307 action plan adopted pursuant to s. 403.067 or adopted reasonable 1308 assurance plan. 1309 2.For any waterbody determined not to be attaining 1310 nutrient or nutrient-related standards after July 1, 2023, or 1311 subject to a nutrient or nutrient-related basin management 1312 action plan adopted pursuant to s. 403.067 or adopted reasonable 1313 assurance plan after July 1, 2023, sewage disposal facilities 1314 are prohibited from disposing any wastes into such waters 1315 without providing advanced waste treatment, as defined in 1316 subsection (4), as approved by the department within 10 years 1317 after such determination or adoption. 1318 3.By July 1, 2034, any wastewater treatment facility 1319 providing reclaimed water that will be used for commercial or 1320 residential irrigation or be otherwise land applied within a 1321 nutrient basin management action plan or a reasonable assurance 1322 plan area must meet the advanced waste treatment standards for 1323 total nitrogen and total phosphorous as defined in paragraph 1324 (4)(a) if the department has determined in an applicable basin 1325 management action plan or reasonable assurance plan that the use 1326 of reclaimed water as described in this subparagraph is causing 1327 or contributing to the nutrient impairment being addressed in 1328 such plan. For such department determinations made in a nutrient 1329 basin management action plan or reasonable assurance plan after 1330 July 1, 2024, an applicable wastewater treatment facility must 1331 meet the requisite advanced waste treatment standards described 1332 in this subparagraph within 10 years after such determination. 1333 This subparagraph does not prevent the department from requiring 1334 an alternative treatment standard, including a more stringent 1335 treatment standard, if the department determines the alternative 1336 standard is necessary to achieve the total maximum daily load or 1337 applicable water quality criteria. This subparagraph does not 1338 apply to reclaimed water that is otherwise land applied as part 1339 of a water quality restoration project or water resource 1340 development project approved by the department or water 1341 management district to meet a total maximum daily load or 1342 minimum flow or level and where such reclaimed water will be at 1343 or below the advanced waste treatment standards described above 1344 prior to entering groundwater or surface water. 1345 Section 14.Section 403.121, Florida Statutes, is amended 1346 to read: 1347 403.121Enforcement; procedure; remedies.The department 1348 shall have the following judicial and administrative remedies 1349 available to it for violations of this chapter, as specified in 1350 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for 1351 purposes of onsite sewage treatment and disposal systems, part 1352 III of chapter 489, or any rule promulgated thereunder. 1353 (1)Judicial remedies: 1354 (a)The department may institute a civil action in a court 1355 of competent jurisdiction to establish liability and to recover 1356 damages for any injury to the air, waters, or property, 1357 including animal, plant, and aquatic life, of the state caused 1358 by any violation. 1359 (b)The department may institute a civil action in a court 1360 of competent jurisdiction to impose and to recover a civil 1361 penalty for each violation in an amount of not more than $15,000 1362 per offense. However, the court may receive evidence in 1363 mitigation. Each day during any portion of which such violation 1364 occurs constitutes a separate offense. 1365 (c)Except as provided in paragraph (2)(c), it is not a 1366 defense to, or ground for dismissal of, these judicial remedies 1367 for damages and civil penalties that the department has failed 1368 to exhaust its administrative remedies, has failed to serve a 1369 notice of violation, or has failed to hold an administrative 1370 hearing before the institution of a civil action. 1371 (2)Administrative remedies: 1372 (a)The department may institute an administrative 1373 proceeding to establish liability and to recover damages for any 1374 injury to the air, waters, or property, including animal, plant, 1375 or aquatic life, of the state caused by any violation. The 1376 department may order that the violator pay a specified sum as 1377 damages to the state. Judgment for the amount of damages 1378 determined by the department may be entered in any court having 1379 jurisdiction thereof and may be enforced as any other judgment. 1380 (b)If the department has reason to believe a violation has 1381 occurred, it may institute an administrative proceeding to order 1382 the prevention, abatement, or control of the conditions creating 1383 the violation or other appropriate corrective action. Except for 1384 violations involving hazardous wastes, asbestos, or underground 1385 injection, the department shall proceed administratively in all 1386 cases in which the department seeks administrative penalties 1387 that do not exceed $50,000 per assessment as calculated in 1388 accordance with subsections (3), (4), (5), (6), and (7). 1389 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 1390 assessed pursuant to subsection (3), subsection (4), or 1391 subsection (5) against a public water system serving a 1392 population of more than 10,000 may not be less than $1,000 per 1393 day per violation. The department may not impose administrative 1394 penalties in excess of $50,000 in a notice of violation. The 1395 department may not have more than one notice of violation 1396 seeking administrative penalties pending against the same party 1397 at the same time unless the violations occurred at a different 1398 site or the violations were discovered by the department 1399 subsequent to the filing of a previous notice of violation. 1400 (c)An administrative proceeding shall be instituted by the 1401 departments serving of a written notice of violation upon the 1402 alleged violator by certified mail. If the department is unable 1403 to effect service by certified mail, the notice of violation may 1404 be hand delivered or personally served in accordance with 1405 chapter 48. The notice shall specify the law, rule, regulation, 1406 permit, certification, or order of the department alleged to be 1407 violated and the facts alleged to constitute a violation 1408 thereof. An order for corrective action, penalty assessment, or 1409 damages may be included with the notice. When the department is 1410 seeking to impose an administrative penalty for any violation by 1411 issuing a notice of violation, any corrective action needed to 1412 correct the violation or damages caused by the violation must be 1413 pursued in the notice of violation or they are waived. However, 1414 an order is not effective until after service and an 1415 administrative hearing, if requested within 20 days after 1416 service. Failure to request an administrative hearing within 1417 this time period constitutes a waiver thereof, unless the 1418 respondent files a written notice with the department within 1419 this time period opting out of the administrative process 1420 initiated by the department to impose administrative penalties. 1421 Any respondent choosing to opt out of the administrative process 1422 initiated by the department in an action that seeks the 1423 imposition of administrative penalties must file a written 1424 notice with the department within 20 days after service of the 1425 notice of violation opting out of the administrative process. A 1426 respondents decision to opt out of the administrative process 1427 does not preclude the department from initiating a state court 1428 action seeking injunctive relief, damages, and the judicial 1429 imposition of civil penalties. 1430 (d)If a person timely files a petition challenging a 1431 notice of violation, that person will thereafter be referred to 1432 as the respondent. The hearing requested by the respondent shall 1433 be held within 180 days after the department has referred the 1434 initial petition to the Division of Administrative Hearings 1435 unless the parties agree to a later date. The department has the 1436 burden of proving with the preponderance of the evidence that 1437 the respondent is responsible for the violation. Administrative 1438 penalties should not be imposed unless the department satisfies 1439 that burden. Following the close of the hearing, the 1440 administrative law judge shall issue a final order on all 1441 matters, including the imposition of an administrative penalty. 1442 When the department seeks to enforce that portion of a final 1443 order imposing administrative penalties pursuant to s. 120.69, 1444 the respondent may not assert as a defense the inappropriateness 1445 of the administrative remedy. The department retains its final 1446 order authority in all administrative actions that do not 1447 request the imposition of administrative penalties. 1448 (e)After filing a petition requesting a formal hearing in 1449 response to a notice of violation in which the department 1450 imposes an administrative penalty, a respondent may request that 1451 a private mediator be appointed to mediate the dispute by 1452 contacting the Florida Conflict Resolution Consortium within 10 1453 days after receipt of the initial order from the administrative 1454 law judge. The Florida Conflict Resolution Consortium shall pay 1455 all of the costs of the mediator and for up to 8 hours of the 1456 mediators time per case at $150 per hour. Upon notice from the 1457 respondent, the Florida Conflict Resolution Consortium shall 1458 provide to the respondent a panel of possible mediators from the 1459 area in which the hearing on the petition would be heard. The 1460 respondent shall select the mediator and notify the Florida 1461 Conflict Resolution Consortium of the selection within 15 days 1462 of receipt of the proposed panel of mediators. The Florida 1463 Conflict Resolution Consortium shall provide all of the 1464 administrative support for the mediation process. The mediation 1465 must be completed at least 15 days before the final hearing date 1466 set by the administrative law judge. 1467 (f)In any administrative proceeding brought by the 1468 department, the prevailing party shall recover all costs as 1469 provided in ss. 57.041 and 57.071. The costs must be included in 1470 the final order. The respondent is the prevailing party when an 1471 order is entered awarding no penalties to the department and 1472 such order has not been reversed on appeal or the time for 1473 seeking judicial review has expired. The respondent is entitled 1474 to an award of attorney fees if the administrative law judge 1475 determines that the notice of violation issued by the department 1476 seeking the imposition of administrative penalties was not 1477 substantially justified as defined in s. 57.111(3)(e). An award 1478 of attorney fees as provided by this subsection may not exceed 1479 $15,000. 1480 (g)This section does not prevent any other legal or 1481 administrative action in accordance with law and does not limit 1482 the departments authority provided in ss. 403.131, 403.141, and 1483 this section to judicially pursue injunctive relief. When the 1484 department exercises its authority to judicially pursue 1485 injunctive relief, penalties in any amount up to the statutory 1486 maximum sought by the department must be pursued as part of the 1487 state court action and not by initiating a separate 1488 administrative proceeding. The department retains the authority 1489 to judicially pursue penalties in excess of $50,000 for 1490 violations not specifically included in the administrative 1491 penalty schedule, or for multiple or multiday violations alleged 1492 to exceed a total of $50,000. The department also retains the 1493 authority provided in ss. 403.131, 403.141, and this section to 1494 judicially pursue injunctive relief and damages, if a notice of 1495 violation seeking the imposition of administrative penalties has 1496 not been issued. The department has the authority to enter into 1497 a settlement, before or after initiating a notice of violation, 1498 and the settlement may include a penalty amount different from 1499 the administrative penalty schedule. Any case filed in state 1500 court because it is alleged to exceed a total of $50,000 in 1501 penalties may be settled in the court action for less than 1502 $50,000. 1503 (h)Chapter 120 applies to any administrative action taken 1504 by the department or any delegated program pursuing 1505 administrative penalties in accordance with this section. 1506 (3)Except for violations involving hazardous wastes, 1507 asbestos, or underground injection, administrative penalties 1508 must be calculated according to the following schedule: 1509 (a)For a drinking water contamination violation, the 1510 department shall assess a penalty of $3,000 for a Maximum 1511 Containment Level (MCL) violation; plus $1,500 if the violation 1512 is for a primary inorganic, organic, or radiological Maximum 1513 Contaminant Level or it is a fecal coliform bacteria violation; 1514 plus $1,500 if the violation occurs at a community water system; 1515 and plus $1,500 if any Maximum Contaminant Level is exceeded by 1516 more than 100 percent. For failure to obtain a clearance letter 1517 before placing a drinking water system into service when the 1518 system would not have been eligible for clearance, the 1519 department shall assess a penalty of $4,500. 1520 (b)For failure to obtain a required wastewater permit, 1521 other than a permit required for surface water discharge, or 1522 obtain an onsite sewage treatment and disposal system permit, or 1523 for a violation of s. 381.0065, or the creation of or 1524 maintenance of a nuisance related to an onsite sewage treatment 1525 and disposal system under part I of chapter 386, or for a 1526 violation of part III of chapter 489, or any rule properly 1527 promulgated thereunder, the department shall assess a penalty of 1528 $2,000. For a domestic or industrial wastewater violation, not 1529 involving a surface water or groundwater quality violation, the 1530 department shall assess a penalty of $4,000 for an unpermitted 1531 or unauthorized discharge or effluent-limitation exceedance or 1532 for failure to comply with s. 403.061(14) or s. 403.086(7) or 1533 rules adopted thereunder. For an unpermitted or unauthorized 1534 discharge or effluent-limitation exceedance that resulted in a 1535 surface water or groundwater quality violation, the department 1536 shall assess a penalty of $10,000. Each day the cause of an 1537 unauthorized discharge of domestic wastewater or sanitary 1538 nuisance is not addressed constitutes a separate offense. 1539 (c)For a dredge and fill or stormwater violation, the 1540 department shall assess a penalty of $1,500 for unpermitted or 1541 unauthorized dredging or filling or unauthorized construction of 1542 a stormwater management system against the person or persons 1543 responsible for the illegal dredging or filling, or unauthorized 1544 construction of a stormwater management system plus $3,000 if 1545 the dredging or filling occurs in an aquatic preserve, an 1546 Outstanding Florida Water, a conservation easement, or a Class I 1547 or Class II surface water, plus $1,500 if the area dredged or 1548 filled is greater than one-quarter acre but less than or equal 1549 to one-half acre, and plus $1,500 if the area dredged or filled 1550 is greater than one-half acre but less than or equal to one 1551 acre. The administrative penalty schedule does not apply to a 1552 dredge and fill violation if the area dredged or filled exceeds 1553 one acre. The department retains the authority to seek the 1554 judicial imposition of civil penalties for all dredge and fill 1555 violations involving more than one acre. The department shall 1556 assess a penalty of $4,500 for the failure to complete required 1557 mitigation, failure to record a required conservation easement, 1558 or for a water quality violation resulting from dredging or 1559 filling activities, stormwater construction activities or 1560 failure of a stormwater treatment facility. For stormwater 1561 management systems serving less than 5 acres, the department 1562 shall assess a penalty of $3,000 for the failure to properly or 1563 timely construct a stormwater management system. In addition to 1564 the penalties authorized in this subsection, the department 1565 shall assess a penalty of $7,500 per violation against the 1566 contractor or agent of the owner or tenant that conducts 1567 unpermitted or unauthorized dredging or filling. For purposes of 1568 this paragraph, the preparation or signing of a permit 1569 application by a person currently licensed under chapter 471 to 1570 practice as a professional engineer does not make that person an 1571 agent of the owner or tenant. 1572 (d)For mangrove trimming or alteration violations, the 1573 department shall assess a penalty of $7,500 per violation 1574 against the contractor or agent of the owner or tenant that 1575 conducts mangrove trimming or alteration without a permit as 1576 required by s. 403.9328. For purposes of this paragraph, the 1577 preparation or signing of a permit application by a person 1578 currently licensed under chapter 471 to practice as a 1579 professional engineer does not make that person an agent of the 1580 owner or tenant. 1581 (e)For solid waste violations, the department shall assess 1582 a penalty of $3,000 for the unpermitted or unauthorized disposal 1583 or storage of solid waste; plus $1,000 if the solid waste is 1584 Class I or Class III (excluding yard trash) or if the solid 1585 waste is construction and demolition debris in excess of 20 1586 cubic yards, plus $1,500 if the waste is disposed of or stored 1587 in any natural or artificial body of water or within 500 feet of 1588 a potable water well, plus $1,500 if the waste contains PCB at a 1589 concentration of 50 parts per million or greater; untreated 1590 biomedical waste; friable asbestos greater than 1 cubic meter 1591 which is not wetted, bagged, and covered; used oil greater than 1592 25 gallons; or 10 or more lead acid batteries. The department 1593 shall assess a penalty of $4,500 for failure to properly 1594 maintain leachate control; unauthorized burning; failure to have 1595 a trained spotter on duty at the working face when accepting 1596 waste; or failure to provide access control for three 1597 consecutive inspections. The department shall assess a penalty 1598 of $3,000 for failure to construct or maintain a required 1599 stormwater management system. 1600 (f)For an air emission violation, the department shall 1601 assess a penalty of $1,500 for an unpermitted or unauthorized 1602 air emission or an air-emission-permit exceedance, plus $4,500 1603 if the emission was from a major source and the source was major 1604 for the pollutant in violation; plus $1,500 if the emission was 1605 more than 150 percent of the allowable level. 1606 (g)For storage tank system and petroleum contamination 1607 violations, the department shall assess a penalty of $7,500 for 1608 failure to empty a damaged storage system as necessary to ensure 1609 that a release does not occur until repairs to the storage 1610 system are completed; when a release has occurred from that 1611 storage tank system; for failure to timely recover free product; 1612 or for failure to conduct remediation or monitoring activities 1613 until a no-further-action or site-rehabilitation completion 1614 order has been issued. The department shall assess a penalty of 1615 $4,500 for failure to timely upgrade a storage tank system. The 1616 department shall assess a penalty of $3,000 for failure to 1617 conduct or maintain required release detection; failure to 1618 timely investigate a suspected release from a storage system; 1619 depositing motor fuel into an unregistered storage tank system; 1620 failure to timely assess or remediate petroleum contamination; 1621 or failure to properly install a storage tank system. The 1622 department shall assess a penalty of $1,500 for failure to 1623 properly operate, maintain, or close a storage tank system. 1624 (4)In an administrative proceeding, in addition to the 1625 penalties that may be assessed under subsection (3), the 1626 department shall assess administrative penalties according to 1627 the following schedule: 1628 (a)For failure to satisfy financial responsibility 1629 requirements or for violation of s. 377.371(1), $7,500. 1630 (b)For failure to install, maintain, or use a required 1631 pollution control system or device, $6,000. 1632 (c)For failure to obtain a required permit before 1633 construction or modification, $4,500. 1634 (d)For failure to conduct required monitoring or testing; 1635 failure to conduct required release detection; or failure to 1636 construct in compliance with a permit, $3,000. 1637 (e)For failure to maintain required staff to respond to 1638 emergencies; failure to conduct required training; failure to 1639 prepare, maintain, or update required contingency plans; failure 1640 to adequately respond to emergencies to bring an emergency 1641 situation under control; or failure to submit required 1642 notification to the department, $1,500. 1643 (f)Except as provided in subsection (2) with respect to 1644 public water systems serving a population of more than 10,000, 1645 for failure to prepare, submit, maintain, or use required 1646 reports or other required documentation, $750. 1647 (5)Except as provided in subsection (2) with respect to 1648 public water systems serving a population of more than 10,000, 1649 for failure to comply with any other departmental regulatory 1650 statute or rule requirement not otherwise identified in this 1651 section, the department may assess a penalty of $1,000. 1652 (6)For each additional day during which a violation 1653 occurs, the administrative penalties in subsections (3)-(5) may 1654 be assessed per day per violation. 1655 (7)The history of noncompliance of the violator for any 1656 previous violation resulting in an executed consent order, but 1657 not including a consent order entered into without a finding of 1658 violation, or resulting in a final order or judgment after the 1659 effective date of this law involving the imposition of $3,000 or 1660 more in penalties shall be taken into consideration in the 1661 following manner: 1662 (a)One previous such violation within 5 years before the 1663 filing of the notice of violation will result in a 25-percent 1664 per day increase in the scheduled administrative penalty. 1665 (b)Two previous such violations within 5 years before the 1666 filing of the notice of violation will result in a 50-percent 1667 per day increase in the scheduled administrative penalty. 1668 (c)Three or more previous such violations within 5 years 1669 before the filing of the notice of violation will result in a 1670 100-percent per day increase in the scheduled administrative 1671 penalty. 1672 (8)The direct economic benefit gained by the violator from 1673 the violation, where consideration of economic benefit is 1674 provided by Florida law or required by federal law as part of a 1675 federally delegated or approved program, must be added to the 1676 scheduled administrative penalty. The total administrative 1677 penalty, including any economic benefit added to the scheduled 1678 administrative penalty, may not exceed $15,000. 1679 (9)The administrative penalties assessed for any 1680 particular violation may not exceed $10,000 against any one 1681 violator, unless the violator has a history of noncompliance, 1682 the economic benefit of the violation as described in subsection 1683 (8) exceeds $10,000, or there are multiday violations. The total 1684 administrative penalties may not exceed $50,000 per assessment 1685 for all violations attributable to a specific person in the 1686 notice of violation. 1687 (10)The administrative law judge may receive evidence in 1688 mitigation. The penalties identified in subsections (3)-(5) may 1689 be reduced up to 50 percent by the administrative law judge for 1690 mitigating circumstances, including good faith efforts to comply 1691 before or after discovery of the violations by the department. 1692 Upon an affirmative finding that the violation was caused by 1693 circumstances beyond the reasonable control of the respondent 1694 and could not have been prevented by respondents due diligence, 1695 the administrative law judge may further reduce the penalty. 1696 (11)Penalties collected pursuant to this section must 1697 shall be deposited into the Water Quality Assurance Trust Fund 1698 or other trust fund designated by statute and shall be used to 1699 fund the restoration of ecosystems, or polluted areas of the 1700 state, as defined by the department, to their condition before 1701 pollution occurred. The Florida Conflict Resolution Consortium 1702 may use a portion of the fund to administer the mediation 1703 process provided in paragraph (2)(e) and to contract with 1704 private mediators for administrative penalty cases. 1705 (12)The purpose of the administrative penalty schedule and 1706 process is to provide a more predictable and efficient manner 1707 for individuals and businesses to resolve relatively minor 1708 environmental disputes. Subsections (3)-(7) may not be construed 1709 as limiting a state court in the assessment of damages. The 1710 administrative penalty schedule does not apply to the judicial 1711 imposition of civil penalties in state court as provided in this 1712 section. 1713 Section 15.Subsection (1) of section 403.0671, Florida 1714 Statutes, is amended to read: 1715 403.0671Basin management action plan wastewater reports. 1716 (1)By July 1, 2021, the department, in coordination with 1717 the county health departments, wastewater treatment facilities, 1718 and other governmental entities, shall submit a report to the 1719 Governor, the President of the Senate, and the Speaker of the 1720 House of Representatives evaluating the costs of wastewater 1721 projects identified in the basin management action plans 1722 developed pursuant to ss. 373.807 and 403.067(7) and the onsite 1723 sewage treatment and disposal system remediation plans and other 1724 restoration plans developed to meet the total maximum daily 1725 loads required under s. 403.067. The report must include all of 1726 the following: 1727 (a)Projects to: 1728 1.Replace onsite sewage treatment and disposal systems 1729 with enhanced nutrient-reducing onsite sewage treatment and 1730 disposal systems. 1731 2.Install or retrofit onsite sewage treatment and disposal 1732 systems with enhanced nutrient-reducing technologies. 1733 3.Construct, upgrade, or expand domestic wastewater 1734 treatment facilities to meet the domestic wastewater treatment 1735 plan required under s. 403.067(7)(a)9. 1736 4.Connect onsite sewage treatment and disposal systems to 1737 domestic wastewater treatment facilities.; 1738 (b)The estimated costs, nutrient load reduction estimates, 1739 and other benefits of each project.; 1740 (c)The estimated implementation timeline for each 1741 project.; 1742 (d)A proposed 5-year funding plan for each project and the 1743 source and amount of financial assistance the department, a 1744 water management district, or other project partner will make 1745 available to fund the project.; and 1746 (e)The projected costs of installing enhanced nutrient 1747 reducing onsite sewage treatment and disposal systems on 1748 buildable lots in priority focus areas to comply with s. 1749 373.811. 1750 Section 16.Subsection (5) of section 403.9301, Florida 1751 Statutes, is amended to read: 1752 403.9301Wastewater services projections. 1753 (5)The Office of Economic and Demographic Research shall 1754 evaluate the compiled documents from the counties for the 1755 purpose of developing a statewide analysis for inclusion in the 1756 assessment due the following January 1, 2023, pursuant to s. 1757 403.928. Beginning July 1, 2024, and by the July 1 following 1758 subsequent publications of the analysis required by this 1759 section, the Office of Economic and Demographic Research shall 1760 provide a publicly accessible data visualization tool on its 1761 website which allows for comparative analyses of key 1762 information. 1763 Section 17.Subsection (5) of section 403.9302, Florida 1764 Statutes, is amended to read: 1765 403.9302Stormwater management projections. 1766 (5)The Office of Economic and Demographic Research shall 1767 evaluate the compiled documents from the counties for the 1768 purpose of developing a statewide analysis for inclusion in the 1769 assessment due the following January 1, 2023, pursuant to s. 1770 403.928. Beginning July 1, 2024, and by the July 1 following 1771 subsequent publications of the analysis required by this 1772 section, the Office of Economic and Demographic Research shall 1773 provide a publicly accessible data visualization tool on its 1774 website which allows for comparative analyses of key 1775 information. 1776 Section 18.For the purpose of incorporating the amendment 1777 made by this act to section 253.04, Florida Statutes, in a 1778 reference thereto, paragraph (x) of subsection (1) of section 1779 327.73, Florida Statutes, is reenacted to read: 1780 327.73Noncriminal infractions. 1781 (1)Violations of the following provisions of the vessel 1782 laws of this state are noncriminal infractions: 1783 (x)Section 253.04(3)(a), relating to carelessly causing 1784 seagrass scarring, for which the civil penalty upon conviction 1785 is: 1786 1.For a first offense, $100. 1787 2.For a second offense occurring within 12 months after a 1788 prior conviction, $250. 1789 3.For a third offense occurring within 36 months after a 1790 prior conviction, $500. 1791 4.For a fourth or subsequent offense occurring within 72 1792 months after a prior conviction, $1,000. 1793 1794 Any person cited for a violation of this subsection shall be 1795 deemed to be charged with a noncriminal infraction, shall be 1796 cited for such an infraction, and shall be cited to appear 1797 before the county court. The civil penalty for any such 1798 infraction is $100, except as otherwise provided in this 1799 section. Any person who fails to appear or otherwise properly 1800 respond to a uniform boating citation, in addition to the charge 1801 relating to the violation of the boating laws of this state, 1802 must be charged with the offense of failing to respond to such 1803 citation and, upon conviction, be guilty of a misdemeanor of the 1804 second degree, punishable as provided in s. 775.082 or s. 1805 775.083. A written warning to this effect shall be provided at 1806 the time such uniform boating citation is issued. 1807 Section 19.For the purpose of incorporating the amendment 1808 made by this act to section 381.0061, Florida Statutes, in 1809 references thereto, paragraph (a) of subsection (4) and 1810 paragraph (a) of subsection (6) of section 381.0072, Florida 1811 Statutes, are reenacted to read: 1812 381.0072Food service protection. 1813 (4)LICENSES REQUIRED. 1814 (a)Licenses; annual renewals.Each food service 1815 establishment regulated under this section shall obtain a 1816 license from the department annually. Food service establishment 1817 licenses shall expire annually and are not transferable from one 1818 place or individual to another. However, those facilities 1819 licensed by the departments Office of Licensure and 1820 Certification, the Child Care Services Program Office, or the 1821 Agency for Persons with Disabilities are exempt from this 1822 subsection. It shall be a misdemeanor of the second degree, 1823 punishable as provided in s. 381.0061, s. 775.082, or s. 1824 775.083, for such an establishment to operate without this 1825 license. The department may refuse a license, or a renewal 1826 thereof, to any establishment that is not constructed or 1827 maintained in accordance with law and with the rules of the 1828 department. Annual application for renewal is not required. 1829 (6)FINES; SUSPENSION OR REVOCATION OF LICENSES; 1830 PROCEDURE. 1831 (a)The department may impose fines against the 1832 establishment or operator regulated under this section for 1833 violations of sanitary standards, in accordance with s. 1834 381.0061. All amounts collected shall be deposited to the credit 1835 of the County Health Department Trust Fund administered by the 1836 department. 1837 Section 20.For the purpose of incorporating the amendment 1838 made by this act to section 381.0061, Florida Statutes, in a 1839 reference thereto, subsection (4) of section 381.0086, Florida 1840 Statutes, is reenacted to read: 1841 381.0086Rules; variances; penalties. 1842 (4)A person who violates any provision of ss. 381.008 1843 381.00895 or rules adopted under such sections is subject either 1844 to the penalties provided in ss. 381.0012 and 381.0061 or to the 1845 penalties provided in s. 381.0087. 1846 Section 21.For the purpose of incorporating the amendment 1847 made by this act to section 381.0061, Florida Statutes, in a 1848 reference thereto, subsection (7) of section 381.0098, Florida 1849 Statutes, is reenacted to read: 1850 381.0098Biomedical waste. 1851 (7)ENFORCEMENT AND PENALTIES.Any person or public body in 1852 violation of this section or rules adopted under this section is 1853 subject to penalties provided in ss. 381.0012 and 381.0061. 1854 However, an administrative fine not to exceed $2,500 may be 1855 imposed for each day such person or public body is in violation 1856 of this section. The department may deny, suspend, or revoke any 1857 biomedical waste permit or registration if the permittee 1858 violates this section, any rule adopted under this section, or 1859 any lawful order of the department. 1860 Section 22.For the purpose of incorporating the amendment 1861 made by this act to section 381.0061, Florida Statutes, in a 1862 reference thereto, subsection (2) of section 513.10, Florida 1863 Statutes, is reenacted to read: 1864 513.10Operating without permit; enforcement of chapter; 1865 penalties. 1866 (2)This chapter or rules adopted under this chapter may be 1867 enforced in the manner provided in s. 381.0012 and as provided 1868 in this chapter. Violations of this chapter and the rules 1869 adopted under this chapter are subject to the penalties provided 1870 in this chapter and in s. 381.0061. 1871 Section 23.This act shall take effect July 1, 2024.