The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 1386
INTRODUCER: Senator Calatayud
SUBJECT: Department of Environmental Protection
DATE: January 16, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1386 amends provisions relating to aquatic preserves, resilience, onsite sewage treatment and
disposal systems (OSTDSs, otherwise known as septic systems), and wastewater treatment
facilities.
The bill provides that a representative of the Department of Environmental Protection (DEP)
may at any reasonable time enter and inspect any property, except a building which is used
exclusively for a private residence, that has an OSTDS to ascertain compliance with applicable
law, rules, and regulations. Under current law, DEP personnel must have reason to believe
noncompliance exists and must first obtain permission from the owner or occupant of a residence
of private building to secure an inspection warrant.
The bill requires all applicants for permits to construct and operate a domestic wastewater
treatment facility to prepare a reuse feasibility study. Domestic treatment facilities that dispose of
effluent by certain means must implement reuse to the extent feasible and consider the ecological
or public water supply benefits afforded by any disposal.
The bill makes revisions to facilitate the transfer of the OSTDS program including:
Creating new procedures for DEP regarding the processing and enforcement of septic tank
requirements.
Directing DEP to adopt rules for a general permit for projects which have, individually or
cumulatively, a minimal adverse impact on public health or the environment.
Directing DEP to establish an enhanced nutrient-reducing OSTDS approval program.
Regarding domestic wastewater treatment facilities and wastewater treatment plans, the bill:
Requires certain public and private facilities to participate in developing the domestic
wastewater treatment plan including providing certain information to the applicable local
government.
REVISED: BILL: SB 1386 Page 2
Requires certain wastewater treatment facilities that provide reclaimed water within a basin
management action plan or reasonable assurance plan area to meet advanced waste treatment
standards.
Regarding reclaimed water, the bill:
Directs the water management districts and DEP to develop rules to promote reclaimed water
and encourage potable water offsets that produce significant water savings.
Authorizes extended permits for those applicants or permittees that propose a development or
water resource development project using reclaimed water.
Regarding the Resilient Florida Grant Program, the bill:
Authorizes DEP to provide grants to counties or municipalities to fund:
o An update of their inventory of critical assets, including those that are currently or
reasonably expected to be impacted by flooding and sea level rise;
o Development of strategies to enhance community preparations for threats from flooding
and sea level rise, including adaptation plans; and
o Permitting for projects designed to achieve reductions in the risks or impacts of flooding
and sea level rise using nature-based solutions.
Requires vulnerability assessments to use data from the Florida Flood Hub that is certified by
the Chief Resilience Officer.
Requires certain data and planning horizons to be used in the assessment.
The bill requires the Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set
and Assessment to include the 20- and 50-year projected sea level rise at each active NOAA tidal
gauge off the Florida coast as derived from statewide sea level rise projections.
Regarding the Statewide Flooding and Sea Level Rise Resilience Plan, the bill:
Authorizes the plan to include projects not yet identified in the comprehensive statewide
flood vulnerability and sea level rise assessment at DEP and the Chief Resilience Officer’s
discretion.
Expands the types of projects can be submitted by local or regional entities.
Regarding aquatic preserves, the bill:
Provides that it is a noncriminal infraction to operate a vessel outside a lawfully marked
channel in a careless manner that causes seagrass scarring within the Nature Coast Aquatic
Preserve.
Declares the Kristin Jacobs Coral Reef Ecosystem Conservation Area to be an aquatic
preserve. BILL: SB 1386 Page 3
II. Present Situation:
Water Quality and Nutrients
Nutrient pollution and the excessive accumulation of nitrogen and phosphorus in water is one of
the most widespread, costly, and challenging environmental problems.
1
In Florida, 35 percent of
waterbodies are impaired for nutrients and 87 percent of counties have nutrient impaired waters
within their boundaries.
2
Phosphorus and nitrogen are derived from natural and human-made sources.
3
Human-made
sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.
4
Onsite Sewage Treatment and Disposal Systems
Onsite Sewage Treatment and Disposal Systems (OSTDSs), commonly referred to as “septic
systems,” generally consist of two basic parts: the
septic tank and the drainfield.
5
Waste from toilets,
sinks, washing machines, and showers flows
through a pipe into the septic tank, where anaerobic
bacteria break the solids into a liquid form. The
liquid portion of the wastewater flows into the
drainfield, which is generally a series of perforated
pipes or panels surrounded by lightweight materials
such as gravel or Styrofoam. The drainfield
provides a secondary treatment where aerobic
bacteria continue deactivating the germs. The
drainfield also provides filtration of the wastewater,
as gravity draws the water down through the soil
layers.
6
There are an estimated 2.6 million OSTDSs in
Florida, providing wastewater disposal for 30 percent of the state’s population.
7
In Florida,
development in some areas is dependent on OSTDSs due to the cost and time it takes to install
1
U.S. Environmental Protection Agency (EPA), Nutrient Pollution: The Problem,
https://www.epa.gov/nutrientpollution/problem (last visited Jan. 10, 2024).
2
DEP, Rulemaking Update: Stormwater | Chapter 62-330, F.A.C., Environmental Resource Permitting, 2 (2023), (on file
with the Senate Committee on Environment and Natural Resources).
3
Id.
4
U.S. Environmental Protection Agency (EPA), Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited Jan. 10, 2024).
5
DOH, Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-services/environmental-
health/onsite-sewage-disposal/septic-information-and-care.html (last visited Jan. 9, 2024); EPA, Types of Septic Systems,
https://www.epa.gov/septic/types-septic-systems (last visited Jan. 10, 2024) (showing the graphic provided in the analysis).
6
Id.
7
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20commonly,r
epresents%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Jan. 10, 2024). BILL: SB 1386 Page 4
central sewer systems.
8
For example, in rural areas and low-density developments, central sewer
systems are not cost-effective.
9
In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage. In
Florida, approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a
system that is installed 24 inches or more from groundwater.
10
This still leaves a significant
amount of nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a
potential contaminant in groundwater.
11
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a
typical septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).
12
DEP publishes on its website approved products and resources on advanced systems.
13
Determining which advanced system is the best option can depend on site-specific conditions.
In 2023, the Florida Legislature passed a law requiring enhanced nutrient-reducing OSTDSs in
places where waterbodies do not meet water quality standards and there is a plan in place, such
as a basin management action plan (BMAP) or alternative restoration plan, to address water
quality issues.
14
Enhanced nutrient-reducing OSTDSs are required for new systems on lots of
one acre or less within all BMAP areas, reasonable assurance plan areas, and pollution reduction
plan areas when sewer is not available.
15
Within the Banana River Lagoon BMAP, the Central
Indian River Lagoon BMAP, the North Indian River Lagoon BMAP, and the Mosquito Lagoon
reasonable assurance plan area, all new OSTDSs are prohibited unless central sewerage is not
available, in which case only enhanced nutrient-reducing OSTDSs are authorized.
16
The owner of a properly functioning OSTDS must connect to a sewer system within one year of
receiving notification that a sewer system is available for connection.
17
Owners of an OSTDS in
need of repair or modification must connect within 90 days of notification from DEP.
18
8
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf.
9
Id.
10
DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), available at
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; See Fla. Admin. Code R.
64E-6.006(2).
11
University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (Oct. 2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf.
12
DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May
2021), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-
reducing-tech-18-10-29.pdf.
13
DEP, Onsite Sewage Program, Product Listings and Approval Requirements, https://floridadep.gov/water/onsite-
sewage/content/product-listings-and-approval-requirements.
14
DEP, Permitting of Enhanced Nutrient Reducing Onsite Sewage Treatment and Disposal Systems,
https://floridadep.gov/water/onsite-sewage/content/permitting-enhanced-nutrient-reducing-onsite-sewage-treatment-and (last
visited Jan. 11, 2024); No. 2023-169, Laws of Fla.; Sections 373.811 and 403.067(7)(a)10., F.S.
15
Section 403.067(7)(a)10., F.S.
16
Section 373.469, F.S.
17
Section 381.00655, F.S.
18
Id. BILL: SB 1386 Page 5
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to DEP.
19
The Onsite Sewage Program will be transferred over
a period of five years, and guidelines for the transfer are provided by an interagency agreement.
20
Per the agreement, DEP has the primary powers and duties of the Onsite Sewage Program,
meaning that the county departments of health will implement the OSTDS program under the
direction of DEP instead of DOH.
21
The county departments of health still handle permitting and
inspection of OSTDS.
22
In the event of an alleged violation of OSTDS laws, county departments
of health are responsible for conducting an inspection to gather information regarding the
allegations.
23
In 2008, less than one percent of OSTDSs in Florida were actively managed under operating
permits and maintenance agreements.
24
The remainder of systems are generally serviced only
when they fail, often leading to costly repairs that could have been avoided with routine
maintenance.
25
Current law directs DEP to administer permits, site evaluations, and inspections
associated with the construction, installation, maintenance, modification, abandonment,
operation, use, or repair of an OSTDS.
26
Although this statutory authority is broad, inspections
for traditional OSTDS generally occur during OSTDS construction, repair, or abandonment.
27
Buildings that use an aerobic treatment unit or generate commercial waste must by inspected by
DEP at least annually to assure compliance with the operating permit.
28
Under s. 381.0065(5), F.S., DEP personnel who have reason to believe noncompliance exists,
may at any reasonable time, enter a premises with an OSTDS permit or the business premises of
any septic tank contractor to ascertain compliance with applicable statutes and rule. The term
“premises” does not include a residence or private building. To gain entry to a residence or
private building, DEP must obtain permission from the owner or occupant or secure an
inspection warrant from a court of competent jurisdiction. DEP may issue citations that may
contain an order of correction or an order to pay a fine, or both when a violation of applicable
laws or rules is enforceable by an administrative, civil remedy, or is a misdemeanor of the
second degree.
29
The fines imposed by citation may not exceed $500 per violation. Each day the
violation exists constitutes a separate violation.
30
The department may reduce or waive the fine
imposed by the citation. Fines are deposited into the county health department trust fund.
31
19
DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Jan. 10, 2024).
20
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 5 (June 30, 2021), available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf.
21
Id. at 14.
22
Id. at 11; and DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Jan. 10, 2024).
23
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program at 11.
24
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf.
25
Id.
26
Section 381.0065(3)(b); Fla. Admin. Code 62-6.003.
27
See Fla. Admin. Code 62-6.003, 62-6.011.
28
Section 381.0065(4), F.S.
29
Section 381.0065(5), F.S.
30
Id.
31
Id. BILL: SB 1386 Page 6
DEP is also required by law to make rules to relating to the location of OSTDSs, including
establishing setback distances, to prevent groundwater contamination and surface water
contamination and to preserve the public health. The rules must consider:
Conventional and enhanced nutrient-reducing onsite sewage treatment and disposal system
designs,
Impaired or degraded water bodies,
Domestic wastewater and drinking water infrastructure,
Potable water sources,
Nonpotable wells,
Stormwater infrastructure,
The onsite sewage treatment and disposal system remediation plans developed for purposes
of a BMAP,
Nutrient pollution, and
The recommendations of the onsite sewage treatment and disposal systems technical
advisory committee established pursuant to former s. 381.00652, F.S.
32
The rules are required to allow a variance from a rule requirement upon demonstration that the
requirement would cause an undue hardship and granting the variance would not cause or
contribute to the exceedance of a total maximum daily load.
33
DEP updated Chapter 62-6 of the
Florida Administrative Code in 2022 to address these requirements.
A county or municipality that contains a first magnitude spring must, and any county or
municipality that does not contain a first magnitude spring may, develop and adopt by local
ordinance an OSTDS evaluation and assessment program meeting the requirements of state
law.
34
If adopted, the OSTDS evaluation and assessment program requires that each OSTDS
within all or part of the county’s or municipality’s jurisdiction be evaluated once every five years
to assess the fundamental operational condition of the system and to identify system failures.
32
Section 381.0065(4)(e), F.S.
33
Id.
34
Section 381.00651(2), F.S. There are exceptions. If a county or municipality that contains a first magnitude spring has
already adopted an OSTDS evaluation and assessment program, and it meets the grandfathering provisions of the statute, it is
exempt from the requirement. The governing body of a local government can also choose to opt out of the requirement by
adopting a resolution by a 60 percent vote that indicates an intent to not adopt an OSTDS evaluation and assessment
program. BILL: SB 1386 Page 7
The following table includes administrative and judicial remedies available pursuant to part I of
ch. 403 for violations of OSTDSs regulations, part I of ch. 386, relating to sanitary nuisances
involving OSTDSs, or part III of ch. 489.
Statute Administrative Remedies Judicial Remedies
Part I, ch.
403, F.S.
Institute an administrative proceeding to
establish liability and recover damages for any
injury to air, waters, or property of the state
caused by any violation; the department may
order the violator to pay damages to the state.
Institute an administrative proceeding to order
the prevention, abatement, or control of the
conditions creating the violation or other
appropriate corrective action. Except for
violations involving hazardous wastes,
asbestos, or underground injection, the
department shall proceed administratively
when penalties sought do not exceed $50,000
per assessment.
Institute an administrative proceeding by
serving a written notice of violation upon the
alleged violator by certified mail.
In any administrative proceeding brought by
the department, the prevailing party shall
recover all costs as provided by law.
For a drinking water contamination violation, a
penalty of $3,000 for a maximum containment
level violation; plus $1,500 if the violation is
for a primary inorganic, organic, or
radiological maximum contaminant level or it
is a fecal coliform bacteria violation.
For failure to obtain a required wastewater
permit, other than a permit required for surface
water discharge, a penalty of $2,000.
For failure to install, maintain, or use a
required pollution control system or device,
$6,000.
For failure to obtain a required permit before
construction or modification, $4,500.
For failure to conduct required monitoring or
testing; failure to conduct required release
detection; or failure to construct in compliance
with a permit, $3,000.
35
Institute a civil action in a
court of competent jurisdiction
to establish liability and to
recover damages for any injury
to the air, waters, or property,
including animal, plant and
aquatic life, of the state caused
by any violation.
Institute a civil action in a
court of competent jurisdiction
to impose and to recover a
civil penalty for each violation
in an amount of not more than
$15,000 per offense.
36
Institute a civil action in a
court of competent jurisdiction
to seek injunctive relief.
37
35
Section 403.121, F.S.
36
Id.
37
Section 403.131, F.S. BILL: SB 1386 Page 8
Part I, ch.
386, F.S.
Undertake required correctional procedures
regarding sanitary nuisances, the cost or
expense of which must be paid by the
person(s) committing, creating, keeping, or
maintaining such nuisance; institute a civil
action if the cost and expense is not paid
within 10 days of removal.
Institute administrative proceedings authorized
pursuant to s. 381.0061, F.S., (DEP may
impose a fine, which may not exceed $500 for
each violation of regulations relating to
OSTDSs, septic tank contracting, and sanitary
nuisances).
38
Institute criminal proceedings
in the county court in the
jurisdiction of which the
condition exists against all
persons failing to comply with
notices to correct sanitary
nuisance conditions.
Institute legal proceedings
authorized pursuant to s.
381.0012, F.S., (DEP may
apply for an injunction in the
proper circuit court; DEP may
receive a warrant from a trial
court judge to carry out the
purpose and intent of ch. 381,
F.S., relating to public
health).
39
Part III,
ch. 489,
F.S.
Revoke or suspend a certificate of registration
for certain violations.
40
Deny a registration if the department
determines that an applicant does not meet all
requirements of this part or has violated any
provisions of this part.
41
None.
Impaired Waters
Under section 303(d) of the federal Clean Water Act, states must establish water quality
standards for waters within their borders and develop a list of impaired waters that do not meet
the established water quality standards.
42
States must also develop a list of threatened waters that
may not meet water quality standards in the following reporting cycle.
43
DEP sorted those waters into 29 major watersheds, or basins, and further organized them into
five basin groups for assessment purposes.
44
If DEP determines that any waters are impaired, the
waterbody must be placed on the verified list of impaired waters and a total maximum daily load
38
Section 386.03, F.S.
39
Id.
40
Section 489.556, F.S.
41
Section 489.558, F.S.
42
EPA, Overview of Identifying and Restoring Impaired Waters under Section 303(d) of the CWA,
https://www.epa.gov/tmdl/overview-identifying-and-restoring-impaired-waters-under-section-303d-cwa (last visited Dec. 12,
2023); 40 C.F.R. 130.7. Following the development of the list of impaired waters, states must develop a total maximum daily
load for every pollutant/waterbody combination on the list. A total maximum daily load is a scientific determination of the
maximum amount of a given pollutant that can be absorbed by a waterbody and still meet water quality standards. DEP,
Watershed Evaluation and Total Maximum Daily Loads (TMDL) Section, https://floridadep.gov/dear/water-quality-
evaluation-tmdl/content/total-maximum-daily-loads-tmdl-program (last visited Dec. 12, 2023).
43
Id.
44
DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Dec.
12, 2023). BILL: SB 1386 Page 9
(TMDL) must be calculated.
45
A TMDL is a calculation of the maximum amount of a pollutant
that a waterbody can receive and still meet water quality standards.
46
A waterbody may be
removed from the verified list at any time during the TMDL process if it attains water quality
standards.
47
Basin Management Action Plans
BMAPs are one of the primary mechanisms DEP uses to achieve TMDLs. BMAPs are plans that
address the entire pollution load, including point and nonpoint discharges,
48
for a watershed.
Producers of nonpoint source pollution included in a BMAP must comply with the established
pollutant reductions by implementing appropriate best management practices (BMPs) or
conducting water quality monitoring.
49
A nonpoint source discharger may be subject to
enforcement action by DEP or a water management district for failure to implement these
requirements.
50
DEP may establish a BMAP as part of the development and implementation of a TMDL for a
specific waterbody. First, the BMAP equitably allocates pollutant reductions to individual basins,
to all basins as a whole, or to each identified point source or category of nonpoint sources.
51
Then, the BMAP establishes the schedule for implementing projects and activities to meet the
pollution reduction allocations.
52
BMAPs must include five-year milestones for implementation and water quality improvement
and an associated water quality monitoring component to evaluate the progress of pollutant load
reductions.
53
Every five years an assessment of progress toward these milestones must be
conducted and revisions to the plan made as appropriate.
54
Each BMAP must also include:
The management strategies available through existing water quality protection programs to
achieve TMDLs;
A description of BMPs adopted by rule;
For the applicable five-year implementation milestones, a list of projects that will achieve the
pollutant load reductions needed to meet a TMDL or other established load allocations,
including a planning-level cost estimate and an estimated date of completion;
45
Id.; DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-
wbids/about (last visited Dec. 12, 2023); section 403.067(4), F.S.
46
Section 403.067(6)(a), F.S. See also 33 U.S.C. § 1251, s. 303(d) (the Clean Water Act).
47
Section 403.067(5), F.S.
48
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Nonpoint sources of pollution are
sources of pollution that are not point sources. Fla. Admin. Code R. 62-620.200(37).
49
Section 403.067(7)(b)2.g., F.S. For example, BMPs for agriculture include activities such as managing irrigation water to
minimize losses, limiting the use of fertilizers, and waste management.
50
Section 403.067(7)(b)2.h., F.S.
51
Id.
52
Id.
53
Section 403.067(7)(a)6., F.S.
54
Id. BILL: SB 1386 Page 10
A list of regional nutrient reduction projects submitted by the Department of Agriculture and
Consumer Services which will achieve pollutant load reductions established for agricultural
nonpoint sources;
55
The source and amount of financial assistance to be made available; and
A planning-level estimate of each project’s expected load reduction, if applicable.
56
Flooding and Sea Level Rise
Given Florida’s flat topography
57
and extreme rainfall events, flooding has been an issue
throughout the state’s history.
58
The effects of climate change—including sea level rise,
increased storm intensity, and increased frequency and severity of extreme rainfall events—have
increased flooding in inland and coastal areas.
59
Sea level rise is a direct effect of climate change, resulting from a combination of thermal
expansion of warming ocean waters and the addition of water mass into the ocean, largely
associated with the loss of ice from glaciers and ice sheets.
60
The global mean sea level has risen
about 8–9 inches since 1880, and the rate of rise is accelerating: 0.06 inches per year throughout
most of the twentieth century, 0.14 inches per year from 2006–2015, and 0.24 inches per year
from 2018–2019.
61
In 2021, global sea levels set a new record high—3.8 inches above 1993
levels.
62
The latest projections from the National Oceanic and Atmospheric Administration (NOAA)
estimate that an average of two feet sea level rise can be expected over the next 50 years.
63
All
coastal areas of Florida will be affected under this scenario.
64
55
This is required only where agricultural nonpoint sources contribute to at least 20 percent of nonpoint source nutrient
discharges or DEP determines that additional measures are necessary to achieve a TMDL. Section 403.067(7)(e)1., F.S.
56
Section 403.067(7)(a)4., F.S.
57
The Florida coastline has an average elevation of approximately 15 to 20 feet above mean sea level (MSL) with barrier
islands typically at elevation zero to five feet above MSL. The southern portion of the state (south of Lake Okeechobee) is
typically lower than 15 feet MSL. U.S. Army Corps of Engineers, South Atlantic Coastal Study: Florida Appendix, 3-26
(2022), available at
https://www.sad.usace.army.mil/Portals/60/siteimages/SACS/SACS_FL_Appendix_508_20220812.pdf?ver=XGRM8v-
69_bdLAFPXEmlOg%3d%3d.
58
Florida Office of Economic and Demographic Research (EDR), Annual Assessment of Flooding and Sea Level Rise, 2
(2023), available at http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentFloodingandSeaLevelRise_Chapter6.pdf.
59
National Aeronautics and Space Administration (NASA), The Effects of Climate Change, https://climate.nasa.gov/effects/
(last visited Mar. 6, 2023).
60
National Oceanic and Atmospheric Administration (NOAA)
et al., Global and Regional Sea Level Rise Scenarios for the U.S., (2022) available at
https://oceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report.html.
61
NOAA, Climate Change: Global Sea Level, https://www.climate.gov/news-features/understanding-climate/climate-
change-global-sea-level (last visited Jan. 10, 2024).
62
Id.
63
EDR, Annual Assessment of Flooding and Sea Level Rise at 20; NOAA, Global and Regional Sea Level Rise Scenarios for
the U.S., (2022) available at https://oceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report.html.
64
EDR, Annual Assessment of Flooding and Sea Level Rise at 21. BILL: SB 1386 Page 11
Projection of 2 ft. Sea Level Rise
65
Over five million structures are estimated to be affected by flooding under a two-foot sea level
rise scenario. The estimated value of these at-risk properties exceeds $576 billion.
66
Due to its porous geology, economic and property value, and the potential impact of various
flooding hazards, southeast Florida is the area most at risk from sea level rise.
67
The effects of
sea level rise are already apparent in this region and pose a threat to lives, livelihoods,
economies, and the environment.
68
Physical impacts of sea level rise include coastal inundation
and erosion, increased frequency of flooding in vulnerable coastal and inland areas due to
impairment of the region’s largely gravity-driven stormwater infrastructure system, reduced soil
infiltration capacity, and saltwater intrusion of drinking-water supply. Moreover, the impacts of
surge from tropical storms or hurricanes are exacerbated by sea level rise. Increased pollution
and contamination from flooding degrades natural resources critical to the region’s economy.
Sea level rise can also result in displacement, decrease in property values and tax base, increases
in insurance costs, loss of services, and impairment of infrastructure such as roads and septic
systems.
69
65
Id. at 21.
66
Id. at 24, 25.
67
EDR, Annual Assessment of Flooding and Sea Level Rise at 2.
68
Sea Level Rise Ad Hoc Work Group, Southeast Florida Regional Climate Change Compact (SFRCCC), Unified Sea Level
Rise Projection: Southeast Florida, 5 (2019), available at https://southeastfloridaclimatecompact.org/wp-
content/uploads/2020/04/Sea-Level-Rise-Projection-Guidance-Report_FINAL_02212020.pdf.
69
Sea Level Rise Ad Hoc Work Group, Southeast Florida Regional Climate Change Compact (SFRCCC), Unified Sea Level
Rise Projection: Southeast Florida at 5. BILL: SB 1386 Page 12
Sea Level Rise Projections
Entities from the international to the local level use scientific data and modeling to create
projections of future sea level rise for planning and decision-making. The National Oceanic and
Atmospheric Administration (NOAA) operates tide gauges along the nation’s coasts and
satellites that measure changes in sea level. In 2017 and 2022, NOAA published sea level rise
projections for the U.S.
70
NOAA’s projections include observation-based extrapolations and five
scenarios ranging from “low” to “high.”
71
Interactive maps have been developed to depict local
conditions under each NOAA scenario.
72
Resilience and Nature-Based Solutions
Resilience is the ability of a community to prepare for anticipated natural hazards, adapt to
changing conditions, and withstand and recover rapidly from disruptions.
73
Resilience planning
includes preparing for hazard events, risk mitigation, and post-event recovery and should be
proactive, continuous, and integrated into other community goals and plans.
74
Nature-based solutions are an important part of resilience planning. Nature-based solutions use
natural features and processes to combat climate change, reduce flood risks, improve water
quality, protect coastal property, restore and protect wetlands, and stabilize shorelines.
75
Examples of nature-based solutions include:
Living shorelines, which stabilize a shore by combining living components, such as plants,
with structural elements, such as rock or sand. Living shorelines can slow waves, reduce
erosion, and protect coastal property.
Oyster reefs. Oysters are often referred to as “ecosystem engineers” because of their
tendency to attach to hard surfaces and create large reefs made of thousands of individuals. In
addition to offering shelter and food to coastal species, oyster reefs buffer coasts from waves
and filter surrounding waters.
Dunes, which often have dune grasses or other vegetation and serve as a barrier between the
water’s edge and inland areas.
76
70
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, (2017), available at
https://tidesandcurrents.noaa.gov/publications/techrpt83_Global_and_Regional_SLR_Scenarios_for_the_US_final.pdf;
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, (2022), available at
https://aambpublicoceanservice.blob.core.windows.net/oceanserviceprod/hazards/sealevelrise/noaa-nos-techrpt01-global-
regional-SLR-scenarios-US.pdf.
71
NOAA, Global and Regional Sea Level Rise Scenarios for the United States, 15 (2022). The 2017 projections also
included an “extreme” scenario, which has been removed from the 2022 report. See NOAA, Global and Regional Sea Level
Rise Scenarios for the United States, 23 (2017).
72
University of Florida, Florida Sea Level Scenario Sketch Planning Tool, https://sls.geoplan.ufl.edu/viewer/ (last visited
Jan. 10, 2024).
73
Federal Emergency Management Agency (FEMA), National Risk Index: Community Resilience,
https://hazards.fema.gov/nri/community-resilience (last visited Jan. 10, 2024).
74
National Institute of Standards and Technology, U.S. Dep’t of Commerce, Community Resilience Planning Guide for
Buildings and Infrastructure Systems, 1 (2016), available at
https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1190v1.pdf.
75
FEMA, FEMA Resources for Climate Resilience, 5 (2021), available at
https://www.fema.gov/sites/default/files/documents/fema_resources-climate-resilience.pdf.
76
FEMA, Types of Nature-Based Solutions, https://www.fema.gov/emergency-managers/risk-management/nature-based-
solutions/types (last visited Mar. 8, 2023). BILL: SB 1386 Page 13
The Resilient Florida Grant Program
The Florida Legislature has established several statewide resilience programs, including the
Resilient Florida Grant Program, the Comprehensive Statewide Flood Vulnerability and Sea
Level Rise Data Set, and the Statewide Flooding and Sea Level Rise Resilience Plan.
The Resilient Florida Grant Program provides grants to counties or municipalities for community
resilience planning, including vulnerability assessments, plan development, and projects to adapt
critical assets.
77
In the program’s first two years, 263 implementation projects were awarded a
total of nearly $954 million.
78
Vulnerability assessments funded through this program must
encompass the entire county or municipality; use the most recent publicly available Digital
Elevation Model and dynamic modeling techniques, if available; and analyze the vulnerability of
and risks to critical assets,
79
including regionally significant assets.
80
In addition, vulnerability
assessments must include, where applicable:
Peril of flood comprehensive plan amendments that address the requirements of s.
163.3178(2)(f), F.S.,
81
if the county or municipality is subject to, but has not complied with,
such requirements;
The depth of tidal flooding, current and future storm surge flooding, rainfall-induced
flooding (including for a 100-year and 500-year storm), and compound flooding or the
combination of tidal, storm surge, and rainfall-induced flooding; and
The following scenarios and standards:
o All analyses in the North American Vertical Datum of 1988;
82
o At least two local sea level rise scenarios, which must include the 2017 NOAA
intermediate-low and intermediate-high sea level rise projections;
o At least two planning horizons that include planning horizons for the years 2040 and
2070; and
77
Section 380.093(2)(a), F.S. “Critical asset” is defined to include broad lists of assets relating to transportation, critical
infrastructure, emergency facilities, natural resources, and historical and cultural resources.
78
This figure includes $270 million of state funding for the Statewide Flooding and Sea Level Resilience Plan. DEP,
Presentation to the Florida Senate Committee on Environment and Natural Resources (Feb. 23, 2023), available at
https://www.flsenate.gov/Committees/Show/SSHR/MeetingPacket/5700/10150_MeetingPacket_5700_2.23.23.pdf.
79
Critical assets include transportation assets and evacuation routes (airports, bridges, bus terminals, major roadways, etc.),
critical infrastructure (wastewater and stormwater treatment facilities, drinking water facilities, solid and hazardous waste
facilities, etc.), critical community and emergency facilities (schools, correctional facilities, fire stations, hospitals, etc.), and
natural, cultural, and historical resources (conservation lands, parks, shorelines, wetlands, etc.). Section 380.093(2)(a), F.S.
80
Section 380.093(3)(c), F.S. Regionally significant assets are critical assets that support the needs of communities spanning
multiple geopolitical jurisdictions. Section 380.093(2)(d), F.S.
81
This section provides that, in communities abutting the Gulf of Mexico or Atlantic Ocean or other coastal areas defined by
statute, a local government’s comprehensive plan must include a coastal management element. Sections 163.3178(2) and
163.3177(6)(g), F.S. This element must contain a redevelopment component that outlines the principles that must be used to
eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. Section 163.3178(2)(f), F.S.
82
A vertical datum is a surface of zero elevation to which heights of various points are referenced. Traditionally, vertical
datums have used classical survey methods to measure height differences (i.e. geodetic leveling) to best fit the surface of the
earth. The current vertical datum for the contiguous United States and Alaska is the North American Vertical Datum of 1988.
NOAA, National Geodetic Survey: Vertical Datums,
https://www.ngs.noaa.gov/datums/vertical/#:~:text=TABLE%201%3A%20Current%20Vertical%20Datums%20for%20Unit
ed%20States,%20%202002-present%20%201%20more%20rows%20 (last visited Jan. 10, 2024). BILL: SB 1386 Page 14
o Local sea level data that has been interpolated between the two closest NOAA tide
gauges.
83
The Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment
will provide information necessary to determine the risks to inland and coastal communities.
84
By July 1, 2023, DEP must develop a data set providing statewide sea level rise projections and
information necessary to determine the risks of flooding and sea level rise to inland and coastal
communities. By July 1, 2024, DEP must develop a statewide assessment (using the statewide
data set) identifying vulnerable infrastructure, geographic areas, and communities. The statewide
assessment must include an inventory of critical assets and be updated every five years.
85
The Statewide Flooding and Sea Level Rise Resilience Plan consists of ranked projects that
address risks of flooding and sea level rise to coastal and inland communities.
86
Examples of
projects include construction of living shorelines, seawalls, and pump stations, elevation
projects, and infrastructure hardening.
87
Counties, municipalities, water management districts,
regional water supply authorities, and other entities may submit to DEP an annual list of
proposed projects. Each project must have a minimum 50 percent cost share, unless the project
assists or is within a financially disadvantaged community.
88
DEP ranks the projects using a
four-tier scoring system.
89
DEP has adopted rules to implement s. 380.093, F.S., relating to the
Statewide Flooding and Sea Level Rise Resilience Plan and project submittal requirements.
These rules can be found in Chapter 62S-8 of the Florida Administrative Code.
90
In December
2022, DEP submitted the FY 23-24 Statewide Flooding and Sea Level Rise Resilience Plan
totaling nearly $408 million over the next three years.
91
DEP may also provide funding for regional resilience entities to assist local governments with
planning for the resilience needs of communities and coordinating intergovernmental solutions to
mitigate adverse impacts of flooding and sea level rise.
92
As of February 2023, $4 million had
been appropriated to regional resilience entities.
93
83
Section 380.093(3)(d)
84
Section 380.093(4), F.S.; DEP, Resilient Florida Program – Statewide Assessment, https://floridadep.gov/rcp/resilient-
florida-program/content/resilient-florida-program-statewide-assessment (last visited Jan. 10, 2024).
85
Id. See also DEP, Resilient Florida Program – Statewide Assessment.
86
Section 380.093(5), F.S.
87
DEP, 2023-2024 Statewide Flooding and Sea Level Rise Resilience Plan, available at
https://floridadep.gov/sites/default/files/2023-
24%20Statewide%20Flooding%20and%20Sea%20Level%20Rise%20Resilience%20Plan_0.pdf.
88
Section 380.093(5)(e), F.S. A financially disadvantaged small community is a municipality with a population of 10,000 or
fewer, or a county with a population of 50,000 or fewer, where the per capita annual income is less than the state’s per capita
annual income. Id.
89
Section 380.093(5)(h), F.S.
90
Fla. Admin. Code Chapter 62S-8, available at https://floridadep.gov/sites/default/files/Final%20Rule%20Language_0.pdf.
91
DEP and Florida Statewide Office of Resilience, 2022 Flood Resilience and Mitigation Efforts Across Florida, 9, available
at
https://floridadep.gov/sites/default/files/2022%20Flood%20Resilience%20and%20Mitigation%20Efforts%20Report%20Onl
y_0.pdf
92
Section 380.093(6), F.S.
93
DEP, Presentation to the Florida Senate Committee on Environment and Natural Resources, 18 (Feb. 23, 2023), available
at https://www.flsenate.gov/Committees/Show/SSHR/MeetingPacket/5700/10150_MeetingPacket_5700_2.23.23.pdf. BILL: SB 1386 Page 15
In 2022, the Statewide Office of Resilience was created within the Executive Office of the
Governor for the purpose of reviewing all flood resilience and mitigation activities in the state
and coordinating flood resilience and mitigation efforts with federal, state, and local
governmental entities and other stakeholders. The office’s Chief Resilience Officer and DEP
worked together to provide the Governor and Legislature with a report on flood resilience and
mitigation efforts across Florida.
94
Florida Flood Hub for Applied Research and Innovation
The Florida Flood Hub for Applied Research and Innovation was established within the
University of South Florida College of Marine Science to coordinate efforts between the
academic and research institutions of the state.
95
The Florida Flood Hub is tasked with, among
other things, organizing existing data needs for a comprehensive statewide flood vulnerability
and sea level rise analysis and performing gap analyses to determine data needs; developing
statewide open source hydrologic models for physically based flood frequency estimation and
real-time forecasting of flood; establishing community-based programs to improve flood
monitoring and prediction along major waterways; and providing tidal and storm surge flooding
data to counties and municipalities for vulnerability assessments.
96
Water Reuse
Water reuse is an important component of both wastewater management and water resource
management in Florida. Reuse is defined as the deliberate application of reclaimed water for a
beneficial purpose.
97
Whereas, reclaimed water is defined as water from a domestic wastewater
98
treatment facility that has received at least secondary treatment
99
and basic disinfection
100
for
reuse.
101
Florida has approximately 2,000 permitted domestic wastewater treatment facilities.
102
These
facilities may require state and federal permits for discharges to surface waters.
103
Federal
requirements for most facilities or activities are generally incorporated into a state-issued
94
DEP and Florida Statewide Office of Resilience, 2022 Flood Resilience and Mitigation Efforts Across Florida, 2, available
at
https://floridadep.gov/sites/default/files/2022%20Flood%20Resilience%20and%20Mitigation%20Efforts%20Report%20Onl
y_0.pdf; Letter from Department of Economic Opportunity to DEP, 1-2 (Nov. 9, 2022), available at
https://floridadep.gov/DEO_PoF_Letter2022.
95
Section 380.0933(1), F.S.
96
Section 380.0933(2) and (3), F.S.
97
Fla. Admin. Code R. 62-610.200(52).
98
Section 367.021(5), F.S., defines the term “domestic wastewater” to mean wastewater principally from dwellings, business
buildings, institutions, and sanitary wastewater or sewage treatment plants.
99
Fla. Admin. Code R. 62-610.200(54) defines the term “secondary treatment” to mean “wastewater treatment to a level that
will achieve the effluent limitations specified in paragraph 62-600.420(1)(a), F.A.C.”
100
Fla. Admin. Code R. 62-600.440(5) provides the requirements for basic disinfection.
101
Section 373.019(17), F.S.; Fla. Admin. Code R. 62-610.200(48).
102
DEP, General Facts and Statistics about Wastewater in Florida, https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Jan. 10, 2024).
103
For required state permits, see Section 403.087, F.S.; see also DEP, Wastewater Permitting, available at
https://floridadep.gov/water/domestic-wastewater/content/wastewater-permitting (last visited Jan. 10, 2024). For federal
permits, see 33 U.S.C. s. 1342. BILL: SB 1386 Page 16
permit.
104
DEP also regulates the construction and operation of domestic wastewater treatment
facilities and establishes disinfection requirements for the reuse of reclaimed water.
105
Reusing water helps conserve drinking water supplies by replacing the use of drinking quality
water for non-drinking water purposes, such as irrigation, industrial cooling, groundwater
recharge, and prevention of saltwater intrusion in coastal groundwater aquifers.
106
Water reuse
also provides environmental benefits, including reduced groundwater withdrawals, reduced
needs for new drinking water supplies and infrastructure, and improved water quality of the
natural environment by reducing the amount of nutrients that are discharged directly to surface
water and groundwater by wastewater treatment facilities.
107
The use of reclaimed water also
provides for the recovery of water that would otherwise be lost to tide and evaporation.
In its rules, DEP requires promotion of reuse of reclaimed water, recycling of stormwater for
irrigation and other beneficial uses, recycling of industrial wastewater, and encourages local
governments to create programs for reuse.
108
Water conservation and the promotion of water
reuse have also been established as formal state objectives by the Legislature.
109
State law further
provides that the use of reclaimed water provided by wastewater treatment plants permitted and
operated under a reuse program by DEP are considered environmentally acceptable and are not a
threat to public health and safety.
110
Florida tracks its reuse inventory in an annual report compiled by DEP.
111
In 2021, a total of 455
domestic wastewater treatment facilities reported making reclaimed water available for reuse.
112
Approximately 908 million gallons per day (mgd) of reclaimed water were used for beneficial
purposes in 2021,
113
which represents approximately 53 percent of the total domestic wastewater
flow in the state.
114
The total reuse flow associated with reuse systems was 1,701 mgd,
115
which
represents approximately 61 percent of the total domestic wastewater treatment flow in the
state.
116
104
Sections 403.061 and 403.087, F.S.
105
Fla. Admin. Code R. 62-600.
106
Martinez, Christopher J. and Clark, Mark W., Reclaimed Water and Florida’s Water Reuse Program, UF/IFAS
Agricultural and Biological Engineering Department (rev. 07/2012), available at
https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.590.5063&rep=rep1&type=pdf.
107
Id.
108
Fla. Admin. Code R. 62-40.416.
109
Sections 403.064(1) and 373.250(1), F.S.
110
Id.
111
See DEP, 2021 Reuse Inventory Report (2022), available at
https://floridadep.gov/sites/default/files/2021%20Reuse%20Inventory.pdf; compiled from reports collected pursuant to
chapter 62-610 of the Florida Administrative Code.
112
DEP, 2019 Reuse Inventory Report at 2.
113
This represents an average per capita reuse of 38.66 gallons per day per person. DEP, Florida’s Reuse Activities,
https://floridadep.gov/water/domestic-wastewater/content/floridas-reuse-activities (last visited Jan. 10, 2024).
114
DEP, 2019 Reuse Inventory Report at 2, 3.
115
Id. at 2.
116
Id. at 3. BILL: SB 1386 Page 17
The chart below shows the percentage of reclaimed water utilization by flow.
117
In 2021, the Legislature passed SB 64, which required domestic wastewater utilities that dispose
of effluent, reclaimed water, or reuse water by surface water discharge to submit a plan for
eliminating non-beneficial surface water discharge by January 2032.
118
The plan must include
the average gallons per day that discharges are reduced, the average gallons per day of
discharges that will continue, the level of treatment discharged water receives, and any modified
or new plans submitted by a utility since the last report.
119
SB 64 authorized discharges that are being beneficially used or otherwise regulated, including
discharges associated with an indirect potable reuse project; permitted wet weather discharge;
discharges into a stormwater management system, which are subsequently withdrawn for
irrigation purposes; utilities that operate domestic wastewater treatment facilities with reuse
systems that reuse at least 90 percent of a facility’s annual average flow; or discharges that
provide direct ecological or public water supply benefits.
120
The bill further specified that potable
reuse is an alternative water supply and made reuse projects eligible for alternative water supply
funding and incentivized the development of potable reuse projects.
121
Reclaimed Water as Alternative Water Supply
When traditional water supplies are constrained, alternative water supplies must be developed in
addition to water conservation efforts. Alternative water supply can include reclaimed water,
117
DEP, Florida’s Reuse Activities.
118
Chapter 2021-168, Laws of Fla.; s. 403.064(17), F.S.
119
Id.
120
Id.
121
Id. BILL: SB 1386 Page 18
brackish groundwater, surface water, and excess surface water captured and stored in reservoirs
or aquifer storage and recovery wells.
122
Reclaimed water is a type of alternative water supply and is eligible to receive alternative water
supply funding.
123
Reclaimed water can be used for many purposes to meet water demand,
including:
Irrigation of golf courses, parks, residential properties, and landscaped areas;
Urban uses, such as toilet flushing, car washing, and aesthetic purposes;
Agricultural uses, such as irrigation of food crops, pasture lands, and at nurseries;
Wetlands creation, restoration, and enhancement;
Recharging groundwater through rapid infiltration basins, absorption fields, and direct
injection;
Augmentation of surface waters used for drinking water supplies; and
Industrial uses such as processing and cooling water.
124
Regulation of Reclaimed Water
Both DEP and the water management districts play a regulatory role in the use of reclaimed
water. DEP regulations focus on water quality and ensure that reclaimed water is appropriately
treated for its intended use to ensure protection of public health and the environment. Water
management districts work with local utilities and water users to maximize the beneficial use of
reclaimed water as an alternative water supply. The districts include alternative water supply
projects in their regional water supply plans
125
and implement cost-share programs to assist
communities in developing reclaimed water systems.
126
In its rules, DEP provides detailed reclaimed water treatment requirements depending upon how
the reclaimed water will be used, including for groundwater recharge, surface water discharge, or
to protect water quality.
127
In order to be reused as reclaimed water, domestic wastewater must
meet, at minimum, a treatment standard of secondary treatment, basic disinfection, and pH
control.
128
The regulations also include requirements for groundwater monitoring at reuse and
land application sites.
129
122
DEP, Alternative Water Supply, https://floridadep.gov/water-policy/water-policy/content/alternative-water-
supply#Alternative%20Water%20Supplie (last visited Jan. 10, 2024).
123
Section 373.250(2), F.S.
124
DEP, Uses of Reclaimed Water, https://floridadep.gov/water/domestic-wastewater/content/uses-reclaimed-water (last
visited Jan. 10, 2024).
125
Section 373.036(2), F.S.
126
DEP, Water Management District Reuse Programs, https://floridadep.gov/water/domestic-wastewater/content/water-
management-district-reuse-programs (last visited Jan. 10, 2024).
127
Fla. Admin. Code R. 62-610.
128
DEP, Applicable Rules for Reuse Projects, https://floridadep.gov/water/domestic-wastewater/content/applicable-rules-
reuse-
projects#:~:text=Treatment%20and%20disinfection%20requirements%20for%20reuse%20of%20reclaimed,in%20order%20t
o%20be%20reused%20as%20reclaimed%20water (last visited Jan. 10, 2024).
129
Fla. Admin. Code R. 62-610.412. BILL: SB 1386 Page 19
Water management districts are responsible for the administration of water resources at a
regional level, including programs to protect water supply, water quality, and natural systems.
130
Water management districts issue consumptive use permits (CUPs) to manage the use of water.
A CUP allows the holder to withdraw a specified amount of water from surface water and
groundwater sources for reasonable and beneficial use.
131
CUPs require water conservation to
prevent wasteful uses, require the reuse of reclaimed water instead of higher-quality groundwater
where appropriate, and set limits on the amount of water that can be withdrawn.
132
Water
management districts may not require CUPs for reclaimed water.
133
Districts also implement minimum flows and minimum water levels (MFLs) to balance public
water supply needs with protection of the state’s natural systems.
134
For water bodies that are
below or projected to fall below their MFL, the districts are required to implement a recovery or
prevention strategy to ensure the MFL is maintained.
135
130
DEP, Water Management Districts, https://floridadep.gov/water-policy/water-policy/content/water-management-districts
(last visited Jan. 10, 2024).
131
South Florida Water Management District, Consumptive Water Use Permits, https://www.sfwmd.gov/doing-business-
with-us/permits/water-use-permits (last visited Jan. 10, 2024).
132
Id.
133
Section 373.250, F.S.
134
DEP, Minimum Flows and Minimum Water Levels and Reservations, https://floridadep.gov/water-policy/water-
policy/content/minimum-flows-and-minimum-water-levels-and-reservations (last visited Jan. 10, 2024); see also section
373.042(1), F.S. Minimum flows and minimum water levels are the limit at which further withdrawals would be significantly
harmful to the water resources or ecology of the area.
135
Id. BILL: SB 1386 Page 20
Class I Injection Wells
Class I injections wells are used to inject hazardous and non-
hazardous wastes into deep, confined rock formations (see the image
to the right).
136
Class I wells are typically drilled thousands of feet
below the lowermost underground source of drinking water.
137
There
are more than 180 active Class I wells in Florida, the majority of
which dispose of non-hazardous, secondary-treated effluent from
domestic wastewater treatment plants.
138
New hazardous waste wells
were banned in Florida in 1983.
139
Class I injections wells are required to be constructed, maintained,
and operated so that the injection fluid remains in the injection zone,
and the unapproved interchange of water between aquifers is
prohibited. The wells are monitored so that any migration of injection
fluids would be detected before reaching the underground source of
drinking water.
140
Aquatic Preserves
The State of Florida passed the Aquatic Preserve Act in 1975 to
ensure that the state-owned submerged lands in areas with
exceptional biological, aesthetic, and scientific value were set aside
forever as aquatic preserves or sanctuaries for the benefit of future
generations.
141
There are currently 42 aquatic preserves
encompassing about 2.2 million acres.
142
All but four are located
along Florida’s 8,400 miles of coastline.
143
Aquatic preserves only include lands or water bottoms owned by the
state. The Aquatic Preserve Act excludes any privately owned lands
or water bottoms, or any publicly owned and maintained navigation
channel or other public works project authorized by the U.S.
Congress designed to improve or maintain commerce and
136
U.S. Environmental Protection Agency, Underground Injection Control, Class I Industrial and Municipal Waste Disposal
Wells, https://www.epa.gov/uic/class-i-industrial-and-municipal-waste-disposal-wells (last visited Jan. 13, 2024).
137
Id.
138
DEP, UIC Wells Classification, https://floridadep.gov/water/aquifer-protection/content/uic-wells-
classification#:~:text=In%20Florida%2C%20there%20are%20six%20classes%20of%20injection,than%20180%20active%20
Class%20I%20wells%20in%20Florida (last visited Jan., 13, 2024).
139
Id.
140
Id.
141
Section 258.36, F.S.; DEP, Aquatic Preserve Program, https://floridadep.gov/rcp/aquatic-preserve (last visited Jan. 9,
2024).
142
DEP, Aquatic Preserve Program; DEP, Geospatial Open Data, Florida Aquatic Preserves,
https://geodata.dep.state.fl.us/datasets/FDEP::florida-aquatic-preserves/explore?location=27.492338%2C-
83.860873%2C5.95 (last visited Jan. 9, 2024); DEP, Office of Resilience and Coastal Protection, Aquatic Preserve Program,
https://floridaapdata.org/about_FCO.php (last visited Jan. 9, 2024).
143
DEP ORCP, Aquatic Preserve Program. BILL: SB 1386 Page 21
navigation.
144
Further, the Aquatic Preserve Act excludes all lands lost by avulsion or artificially
induced erosion.
145
The Board of Trustees of the Internal Improvement Trust Fund (Board) may establish additional
aquatic preserves, subject to confirmation by the Legislature.
146
Following public notice and
public hearing in the county or counties in which the proposed preserve is to be located, the
Board may adopt a resolution formally setting aside such areas. The resolution must include:
A legal description of the area to be included;
The designation of the type of aquatic preserve being set aside;
A general statement of what is sought to be preserved; and
A clear statement of the management responsibilities for the area.
147
Privately-owned lands and water bottoms may be included in an aquatic preserve upon specific
authorization from the owner as a dedication in perpetuity or a lease.
148
Current law restricts certain activities in aquatic preserves, including the construction of utility
cables and pipes and spoil disposal.
149
Further, the Board may not:
Sell, lease, or transfer sovereign submerged lands
150
unless it is in the public interest.
Approve the waterward relocation or setting of bulkhead lines waterward of the line of mean
high water within the preserve, except when public road and bridge construction projects
have no reasonable alternative and it is not contrary to the public interest.
Approve further dredging or filling of submerged lands, except for certain activities that must
be authorized pursuant to a permit.
151
Only minimal or maintenance dredging is permitted in an aquatic preserve and any alteration of
the preserves’ physical conditions is restricted unless the alteration enhances the quality or utility
of the preserve or the public health generally.
152
Oil and gas well drilling is prohibited within the
aquatic preserve. Docking facilities and structures for shore protection are restricted as to size
and location.
153
No wastes or effluents may be discharged into an aquatic preserve if they substantially inhibit the
accomplishment of the purposes of the Aquatic Preserve Act. Riparian owners may selectively
trim or alter mangroves on adjacent publicly owned submerged lands, provided that the selective
144
Section 258.40, F.S.
145
Id.
146
Section 258.41, F.S.
147
Id.
148
Id.
149
Section 258.42, F.S.
150
Sovereign submerged lands include, but are not limited to, tidal lands, islands, sandbars, shallow banks, and lands
waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally influenced waters. The
Board holds title to sovereign submerged lands. DEP, Submerged Lands Management, https://floridadep.gov/lands/bureau-
public-land-administration/content/submerged-lands-management (last visited Jan 10, 2024).
151
Section 258.42, F.S.
152
Fla. Admin. Code R. 18-20.004. Note that every aquatic preserve in the state has specific restrictions and policies that are
set out in the Florida Administrative Code and/or ch. 258, F.S.
153
Section 258.42, F.S. Administrative rules applicable to aquatic preserves generally may be found in Chapters 18-20, F.A.C.,
Management Policies, Standards and Criteria. BILL: SB 1386 Page 22
trimming or alteration is in compliance with the requirements of state law including permit
requirements for mangrove trimming.
154
Leases of sovereign submerged lands are more costly within aquatic preserves. A rate of two
times the existing rate is applied to aquatic preserve leases if 75 percent or more of the lease
shoreline and the adjacent 1000 feet on either side of the leased area is in a natural,
unbulkheaded, non-seawalled or non-riprapped condition.
155
The Board has a duty to conserve and improve state-owned lands and the products thereof, which
includes the preservation and regeneration of seagrass.
156
A person operating a vessel outside a
lawfully marked channel in a careless manner that causes seagrass scarring within an aquatic
preserve, with the exception of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
Springs aquatic preserves, commits a noncriminal infraction. The Nature Coast Aquatic Preserve
is also not included. The penalties are as follows:
$100 for a first offense;
$250 for a second offense occurring within 12 months of a prior conviction;
$500 for a third offense occurring within 36 months of a prior conviction; and
$1,000 for a fourth or subsequent offense occurring within 72 months of a prior
conviction.
157
The Nature Coast Aquatic Preserve
The Florida Legislature designated the Nature Coast Aquatic Preserve in 2020
158
and it is the
42
nd
aquatic preserve.
159
The preserve is the second-largest in Florida. It encompasses 800 square
miles of coastal waters, including 625 miles of shoreline along Citrus, Hernando, and Pasco
Counties. The preserve is bordered to the north and south by three other aquatic preserves. The
combination of all four aquatic preserves protects the largest contiguous seagrass meadow in the
Gulf of Mexico and the largest spring-fed seagrass habitat in the world.
160
The preserve by itself protects nearly 400,000 acres of seagrass that support working waterfront
industries, including fisheries, seafood production, and ecotourism. The preserve also includes
mangrove islands, saltmarsh, sponge beds, marine springs, oyster reefs, and limestone
hardbottom habitats.
161
Kristin Jacobs Coral Reef Ecosystem Conservation Area
The Kristin Jacobs Coral Reef Ecosystem Conservation Area, formerly known as the Southeast
Florida Coral Reef Initiative, was officially established on July 1, 2018.
162
The conservation area
154
Section 258.42, F.S.
155
Fla. Admin. Code Rule 18-21.011(1)(b)5.
156
Section 253.04(3), F.S.
157
Section 327.73(x), F.S.
158
Section 258.3991, F.S.
159
DEP, Nature Coast Aquatic Preserve, https://floridadep.gov/NatureCoastAP (last visited Jan. 9, 2024).
160
Id.
161
Id.
162
Section 253.90, F.S.; DEP, Coral ECA: Kristin Jacobs Coral Reef Ecosystem Conservation Area,
https://floridadep.gov/rcp/coral/content/coral-eca-kristin-jacobs-coral-reef-ecosystem-conservation-area (last visited Jan. 9,
2024). BILL: SB 1386 Page 23
is the northernmost section of Florida’s coral reef and runs 105 miles from the St. Lucie Inlet to
the northern boundary of Biscayne National Park. The conservation area is part of the only
barrier reef system in the continental U.S. and is home to more than 6,000 species of marine life
including fish, stony corals, gorgonians, sponges, and other marine invertebrates.
163
III. Effect of Proposed Changes:
Section 1 amends s. 253.04, F.S., to extend the area in which a person operating a vessel outside
a lawfully marked channel in a careless manner that causes seagrass scarring within an aquatic
preserve commits a noncriminal infraction. The area now includes the Nature Coast Aquatic
Preserve.
Section 2 amends s. 258.39, F.S., to declare as an aquatic preserve the Kristin Jacobs Coral Reef
Ecosystem Conservation Area, as designated by chapter 2021-107, Laws of Florida, the
boundaries of which consist of the sovereignty submerged lands and waters of the state offshore
of Broward, Martin, Miami-Dade, and Palm Beach Counties from the St. Lucie Inlet to the
northern boundary of the Biscayne National Park.
Section 3 amends s. 373.250, F.S., to direct each water management district, in coordination
with the Department of Environmental Protection (DEP), to develop rules by December 31, 2025
to promote the use of reclaimed water and encourage potable water offsets that produce
significant water savings beyond those required in a consumptive use permit.
The bill requires that the rules must provide that if an applicant proposes a water supply
development or water resource development project using reclaimed water as part of an
application for consumptive use, the applicant is eligible for a permit duration of up to 30 years if
there is sufficient data to provide reasonable assurance that the conditions for permit issuance
will be met for the duration of the permit. The bill provides that the rules developed pursuant to
this paragraph must include, at a minimum:
A requirement that the permittee demonstrate how quantifiable groundwater or surface water
savings associated with the new water supply development or water resource development
project helps meet water demands beyond a 20-year permit duration or is completed to
benefit a waterbody with a minimum flow or minimum water level with a recovery or
prevention strategy; and
Guidelines for a district to follow in determining the permit duration based on the project’s
implementation.
The bill requires that the rules must also provide authorization for a consumptive use permittee
to seek a permit extension of up to 10 years if the permittee proposes a water supply
development or water resource development project using reclaimed water during the term of its
permit which results in the reduction of groundwater or surface water withdrawals or is
completed to benefit a waterbody with a minimum flow or minimum water level with a recovery
or prevention strategy. The bill provides that rules associated with this paragraph must include, at
a minimum:
163
DEP, Coral ECA: Kristin Jacobs Coral Reef Ecosystem Conservation Area. BILL: SB 1386 Page 24
A requirement that the permittee be in compliance with the permittee’s consumptive use
permit;
A requirement that the permittee demonstrate how the quantifiable groundwater or surface
water savings associated with the new water supply development or water resource
development project helps meet water demands beyond the issued permit duration or benefits
a waterbody with a minimum flow or minimum water level with a recover or prevention
strategy;
A requirement that the permittee demonstrate a water demand for the permit’s allocation
through the term of the extension; and
Guidelines for a district to follow in determining the number of years extended, including a
minimum year requirement, based on the project implementation.
The bill expressly states that these provisions do not limit the existing authority of a water
management district to protect from harm the water resources or ecology of the area, or to
otherwise ensure compliance with the conditions for permit issuance.
Section 4 amends s. 380.093, F.S., to define the “Florida Flood Hub” as the Florida Flood Hub
for Applied Research and Innovation established pursuant to s. 380.0933.
The bill amends the definition of “preconstruction activities” to specify that the activities are
those associated with a project that addresses the risks of flooding and sea level rise that occur
before construction begins.
Resilient Florida Grant Program
The bill provides that DEP may provide grants to a county or municipality to fund updates to the
county’s or municipality’s inventory of critical assets, including regionally significant assets that
are currently or reasonably expected to be impacted by flooding and sea level rise. The bill adds
that the updated inventory must be submitted to DEP and, at the time of submission, must reflect
all such assets that are currently, or within 50 years may reasonably be expected to be, impacted
by flooding and sea level rise.
The bill adds that DEP may provide grants to a county or municipality to fund the development
of strategies, in addition to projects, plans, and policies, that enhance community preparations for
threats from flooding and sea level rise, including adaptation plans that help local governments
prioritize project development and implementation across one or more jurisdictions in a manner
consistent with departmental guidance.
The bill specifies that, under the grant program, DEP may provide grants to a county or
municipality for the cost of permitting for projects designed to achieve reductions in the risks or
impacts of flooding and sea level rise using nature-based solutions.
The bill requires that, upon completion of a vulnerability assessment, the county or municipality
must submit to DEP an inventory of critical assets, including regionally significant assets that are
currently, or within 50 years are reasonably expected to be, impacted by flooding and sea level
rise.
BILL: SB 1386 Page 25
The bill requires that a vulnerability assessment make use of the best available information
through the Florida Flood Hub as certified by the Chief Science Officer, in consultation with the
Chief Resilience Officer. The bill adds that this includes analyzing impacts related to the depth
of tidal flooding, current and future storm surge flooding, and rainfall-induced flooding, which
are already listed in statute. With regard to current and future storm surge flooding, the bill
removes language directing the use of publicly available National Oceanic and Atmospheric
Administration (NOAA) or Federal Emergency Management Agency storm surge data, unless
there is an absence of applicable data from the Florida Flood Hub. Further, the bill adds that
higher frequency storm events may be analyzed to understand the exposure of a regionally
significant asset. With regard to rainfall-induced flooding, the bill specifies that a spatiotemporal
analysis used in the analysis must be GIS-based.
The bill requires that a vulnerability assessment initiated after July 1, 2024, must apply at a
minimum the 2022 NOAA intermediate-low and intermediate sea level rise scenarios or the
statewide sea level rise projections developed pursuant to the comprehensive statewide flood
vulnerability and sea level rise assessment. This replaces language in current law requiring two
local sea level rise scenarios that must include the 2017 NOAA intermediate-low and
intermediate-high sea level rise scenarios.
The bill adds that a vulnerability assessment apply at least two planning horizons that are
identified in the following table which correspond with the appropriate comprehensive statewide
flood vulnerability and sea level rise assessment for which DEP, at the time of award, determines
such local vulnerability assessment will be incorporated:
Year of assessment 20-year planning
horizon
50-year planning
horizon
2024 2040 2070
2029 2050 2080
2034 2055 2085
2039 2060 2090
2044 2065 2095
2049 2070 2100
The bill requires that the local sea level data required to be applied in a vulnerability assessment
must be the data maintained by the Florida Flood Hub which reflect the best available scientific
information as certified by the Chief Science Officer, in consultation with the Chief Resilience
Officer. If such data is not available, then the bill allows the use of local sea level data that may
be interpolated between the two closes NOAA tide gauges.
Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set and Assessment
The bill updates an out-of-date requirement, to require DEP to develop and maintain a
comprehensive statewide flood vulnerability and sea level rise data set. The bill directs DEP to
develop and maintain the data set in coordination with the Chief Resilience Officer. The bill
requires the compilation, analysis, and incorporation of information related to critical asset
inventories. The bill requires the Chief Science Officer to coordinate specifically with the Chief
Resilience Officer and the Florida Flood Hub to develop statewide sea level rise projections. BILL: SB 1386 Page 26
The bill updates an out-of-date provision and requires DEP to coordinate with the Chief
Resilience Officer and the Florida Flood Hub, to complete a comprehensive statewide flood
vulnerability and sea level rise assessment. The bill requires that the assessment must include the
20- and 50-year projected sea level rise at each active NOAA tidal gauge off the coast of this
state as derived from the statewide sea level rise projections.
The bill requires DEP to coordinate with the Chief Resilience Officer and the Florida Flood Hub
to update the comprehensive statewide flood vulnerability and sea level rise data set using the
best available information each year at least every five years. The bill removes language
requiring DEP to update the data set and assessment more frequently than every five years if it
determines that updates are necessary to maintain their validity.
Statewide Flooding and Sea Level Rise Resilience Plan
The bill removes an out-of-date requirement regarding a preliminary plan to be submitted by
December 1, 2021. The bill requires that each annual plan must primarily address risks of
flooding and sea level rise, but adds that it may also include, at DEP’s discretion in consultation
with the Chief Resilience Officer, certain other projects that address risks of flooding and sea
level rise to critical assets not yet identified in the comprehensive statewide flood vulnerability
and sea level rise assessment.
The bill specifies that local governments, special districts, and regional resilience entities may
submit proposed projects that address risks of flooding or sea level rise identified in the
comprehensive statewide flood vulnerability and sea level rise assessment.
The bill extends the deadline for counties, municipalities, special districts, and regional resilience
entities acting on behalf of one or more member counties or municipalities to submit projects
identified in existing vulnerability assessments that do not comply with the requirements of the
Resilient Florida Grant Program to December 1, 2024. Such entities may submit those projects
only if the entity is actively developing a vulnerability assessment that is either under a signed
grant agreement with DEP pursuant to the grant program or funded by another state or federal
agency, or is self-funded and intended to meet the grant program’s vulnerability assessment
requirements.
The bill specifies that water management, drainage, erosion control, and flood control districts
and regional water supply authorities may submit proposed projects that address risks of flooding
or sea level rise identified in the comprehensive statewide flood vulnerability and sea level rise
assessment or vulnerability assessments that meet the requirements of the Resilient Florida Grant
Program.
The bill removes language requiring that for a project to be eligible for inclusion in the plan, it
must have been submitted by an authorized entity or must have been identified in the
comprehensive statewide flood vulnerability and sea level rise assessment, as applicable.
The bill authorizes DEP to adopt rules to implement this section.
BILL: SB 1386 Page 27
Regional Resilience Entities
The bill specifically includes regional planning councils and estuary partnerships as regional
entities that may receive funding for certain purposes.
The bill specifies that one of the purposes for which DEP may provide funding to certain
regional entities is to coordinate and conduct activities authorized by the Resilient Florida Grant
Program with broad regional benefit or on behalf of multiple member counties and
municipalities. This replaces language authorizing DEP to provide funding for the purpose of
coordinating multijurisdictional vulnerability assessments.
Section 5 amends s. 381.0061, F.S., to removes an authorization allowing the Department of
Health (DOH) to impose a fine for a violation of the laws relating to onsite sewage treatment and
disposal systems (OSTDSs) regulations, OSTDS fees, and septic tank contracting.
The bill specifies that DOH may impose a fine for a violation of any rule adopted by DOH under
ch. 381, F.S., relating to public health, or for a violation of ch. 386, F.S., relating to sanitary
nuisances and the Florida Clean Air Act, that does not involve OSTDSs.
Section 6 provides that the Legislature intends that the transfer of the regulation of the Onsite
Sewage Program from DOH to the Department of Environmental Protection (DEP), as required
by the Clean Waterways Act, be completed in a phased approach.
The bill directs that before the phased transfer, DEP must coordinate with DOH to identify
equipment and vehicles that were previously used to carry out the program in each county and
that are no longer needed for such purpose. DOH must transfer the agreed-upon equipment and
vehicles to DEP, to the extent that each county agrees to relinquish ownership of such equipment
and vehicles to DOH.
The bill provides that when DEP begins implementing the program within a county, DOH may
no longer implement or collect fees for the program unless specified by separate delegation or
contract with DEP.
Section 7 amends s. 381.0065, F.S., to specify that DEP must conduct enforcement activities in
accordance with part I of chapter 403, F.S., relating to pollution control, as well as for a violation
of any rule adopted by DEP under laws regulating OSTDSs, sanitary nuisances relating to
OSTDSs, or septic tank contracting.
The bill adds that all references in this section (s. 381.0065, F.S.) to part I of chapter 386,
regarding sanitary nuisances, relate solely to nuisances that involve improperly built or
maintained septic tanks or other OSTDSs and untreated or improperly treated or transported
waste from OSTDSs. The bill provides that DEP shall have all the duties and authorities of DOH
for sanitary nuisances involving OSTDSs. The bill provides that this authority is in addition to
and may be pursued independently of or simultaneously with the enforcement remedies provided
under this section relating to OSTDSs regulations and ch. 403, F.S., relating to pollution control.
BILL: SB 1386 Page 28
The bill directs DEP to adopt rules establishing and implementing a program of general permits
for projects, or categories of projects, which have, individually or cumulatively, a minimal
adverse impact on public health or the environment. The rules must:
Specify design or performance criteria which, if applied, would result in compliance with
appropriate standards; and
Authorize a person who complies with the general permit eligibility requirements to use the
permit 30 days after giving notice to DEP without any agency action by DEP. Within the 30-
day notice period, DEP shall determine whether the activity qualifies for a general permit.
Further, if the activity does not qualify or the notice does not contain all the required
information, DEP must notify the person.
The bill specifies that for DEP personnel to gain entry to a residence or private building, DEP
must obtain permission from the owner or occupant or secure an inspection warrant from a court
of competent jurisdiction pursuant to the procedures of s. 403.091, F.S., relating to inspections
(see Section 13 of the bill). The bill removes language authorizing DEP to issue citations that
may contain an order of correction or an order to pay a fine, or both, and instead provides that
DEP has all the judicial and administrative remedies available to it pursuant to part I of ch. 403,
F.S., relating to pollution control.
The bill removes all requirements relating to DEP issuing citations.
The bill provides that DEP shall deposit any damages, costs, or penalties it collects pursuant to
this section on OSTDSs regulations and part I of ch. 403, F.S., relating to pollution control, in
the Water Quality Assurance Trust Fund. The bill removes language directing DEP to deposit
money from fines into the county health department trust fund.
Section 8 amends s. 381.0066, F.S., relating to OSTDS fees, to provide that the fee schedule for
application review, permit issuance, or system inspection applies when performed by DEP or a
private provider inspector.
The bill removes language providing that fees collected with respect to OSTDS must be
deposited in a trust fund administered by DEP, to be used for purposes stated in the OSTDS fees
and regulations laws. The bill directs that funds collected for the implementation of OSTDS
regulation, connection of existing OSTDSs to central sewerage systems, and corrective orders
relating to OSTDSs and private and certain public water systems, subsequent to any phased
transfer of implementation from DOH to DEP within any county, must be deposited in the
Florida Permit Fee Trust Fund, to be administered by DEP.
Section 9 amends s. 403.061, F.S., to direct that, upon direction of DEP, all counties must make
available necessary scientific, technical, research, administrative, and operational services and
facilities. Current law only requires all state agencies to make these services and facilities
available.
Section 10 amends s. 403.064, F.S., to provide a Legislative finding that the reuse of reclaimed
water is a critical component of meeting the state’s existing and future water supply needs while
sustaining natural systems and encouraging its best and most beneficial use.
BILL: SB 1386 Page 29
Therefore, the bill would require all applicants for permits to construct and operate a domestic
wastewater treatment facility to prepare a reuse feasibility study. Currently, this requirement is
limited to wastewater treatment facilities discharging to a water resource caution area.
The bill makes the following changes to the content requirements of reuse feasibility studies:
A reuse feasibility study must include an evaluation of the estimated water savings resulting
from different types of reuse, if implemented;
A reuse feasibility study must include an evaluation of environmental and water resource
benefits associated with different types of reuse;
A reuse feasibility study must include an evaluation of economic, environmental, and
technical constraints associate with the different types of reuse, including any constraints
caused by potential water quality impacts.
The bill requires that a domestic wastewater treatment facility that disposes of effluent or a
portion thereof by Class I deep well injection, surface water discharge, land application, or other
method to dispose of effluent or a portion thereof must give consideration to direct ecological or
public water supply benefits afforded by any disposal and implement reuse to the degree that it is
feasible.
Section 11 amends s. 403.067, F.S., to specify that if a local government is required to develop a
wastewater treatment plan as part of a basin management action plan (BMAP), that plan is a
domestic wastewater treatment plan. The bill adds that public and private domestic wastewater
treatment facilities that specifically provide services or are located within the jurisdiction of the
local government must participate in developing the domestic wastewater treatment plan.
The bill adds that private domestic wastewater facilities and special districts providing domestic
wastewater services must provide the required wastewater facility information to the applicable
local governments.
Section 12 amends s. 403.086, F.S., to require that by July 1, 2034, within a BMAP or a
reasonable assurance plan area, any wastewater treatment facility providing reclaimed water that
will be used for commercial or residential irrigation or be otherwise land applied must meet the
standards for advanced waste treatment as set in statute,
164
as approved by DEP, or a more
stringent treatment standard if DEP determines it is necessary to achieve the total daily
maximum load or applicable water quality criteria.
Section 13 amends s. 403.091, F.S., to provide that any duly authorized representative of DEP
may at any reasonable time enter and inspect, for the purpose of ascertaining the state of
compliance with the law or rules and regulations of DEP, any property, premises, or place,
except a building used exclusively for a private residence, on or at which an OSTDS is located or
is being constructed or installed or where certain required records are kept.
The bill provides that any authorized representative may at any reasonable times obtain any other
information necessary to determine compliance with permit conditions or other requirements of
OSTDSs regulations, sanitary nuisances for purposes of OSTDSs only, septic tank contracting,
164
Section 403.086(4), F.S. BILL: SB 1386 Page 30
or rules of standards adopted pursuant thereto. The bill adds that an inspection warrant may be
issued:
When it appears that the properties to be inspected may be connected with or contain
evidence of the violation of any of the laws listed above.
When the inspection sought is an integral part of a larger scheme of systematic routine
inspections which are necessary to, and consistent with, the continuing efforts of DEP to
ensure compliance with the law listed above.
Section 14 amends s. 403.121, F.S., to provide that DEP shall have certain judicial and
administrative remedies available to it for violations of statutes relating to:
General requirements for OSTDSs (ss. 381.0065-381.0067, F.S.);
Sanitary nuisances for purposes of OSTDSs only (part I of ch. 386, F.S.);
Septic tank contracting (part III of ch. 489, F.S., or any rule promulgated thereunder).
With regard to the schedule for administrative penalties, DEP shall assess a penalty of $2,000 for
the following violations:
Failure to obtain an OSTDS permit or for another violation of s. 381.0065, F.S., relating to
OSTDSs regulations;
The creation of or maintenance of a nuisance related to an OSTDS under part I of ch. 386,
F.S.; or
For a violation of part III of ch. 489, relating to septic tank contracting, or any rule properly
promulgated thereunder.
The bill adds that each day the cause of a sanitary nuisance is not addressed constitutes a
separate offense.
Section 15 amends s. 403.0671, F.S., to clarify that BMAP wastewater reports must include
projects to construct, upgrade, or expand domestic wastewater treatment facilities to meet the
domestic wastewater treatment plan. This change conforms to amendments made in Section 11
of the bill.
Section 16 amends s. 403.0673, F.S., to clarify that DEP may provide grants for projects
identified in specified domestic wastewater treatment plans. This change conforms to
amendments made in Section 11 of the bill.
Sections 17 reenacts s. 327.73(1)(x), F.S., relating to noncriminal infractions, to incorporate the
amendment made by this bill in a reference to the amended section.
Section 18 reenacts s. 381.0072(4)(a) and (6)(a), F.S., relating to food service protection, to
incorporate the amendment made by this bill in a reference to the amended section.
Section 19 reenacts s. 381.0086(4), F.S., relating to public health rules, variances, and penalties,
to incorporate the amendment made by this bill in a reference to the amended section.
Section 20 reenacts s. 381.0098(7), F.S., relating to biomedical waste, to incorporate the
amendment made by this bill in a reference to the amended section. BILL: SB 1386 Page 31
Section 21 reenacts s. 513.10(2), F.S., relating to operating a mobile home or recreational
vehicle park without a permit, enforcement, and penalties, to incorporate the amendment made
by this bill in a reference to the amended section.
Section 22 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, section 18 of the Florida Constitution prohibits a general law that requires a
county or municipality to spend funds to take an action requiring the expenditure of
funds, unless the law fulfills an important state interest and unless an exception applies.
This bill may contain a local mandate because it requires all counties, at the direction of
the Department of Environmental Protection, to make available necessary scientific,
technical, research, administrative, and operational services and facilities. Because these
are services and facilities that the local government would already have available, the
exemption for insignificant fiscal impacts may apply.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The Department of Environmental Protection (DEP) shall assess a penalty of $2,000 for
the following violations:
Failure to obtain an OSTDS permit or for another violation of s. 381.0065, F.S.,
relating to OSTDSs regulations; BILL: SB 1386 Page 32
The creation of or maintenance of a nuisance related to an OSTDS under part I of ch.
386, F.S.; or
For a violation of part III of ch. 489, relating to septic tank contracting, or any rule
properly promulgated thereunder.
C. Government Sector Impact:
This bill may have a positive fiscal impact on certain local governments, because of
increased funding opportunities under the Resilient Florida Grant Program. This bill may
have a negative fiscal impact on local governments due to the requirement that all
counties must make available necessary scientific, technical, research, administrative, and
operational services and facilities. Further, county health departments will lose revenue
and staffing that is being taken over by DEP, but they will also no longer have to provide
those services.
This bill may have a positive fiscal impact on state government, because DEP is directed
to deposit certain damages, costs, or penalties it collects relating to onsite sewage
treatment and disposal systems regulations into the Water Quality Assurance Trust Fund.
Local governments may experience a negative fiscal impact, because the bill removes
language directed DEP to deposit funds from fines into the county health department trust
fund.
VI. Technical Deficiencies:
There is a typographical error on line 178 of the bill. The line reads “development project helps
meets water demands beyond a 20-year,” however it should read “development project helps
meet water demands beyond a 20-year.”
Section 381.0065(5), F.S., and section 403.091, F.S., would both authorize inspections by DEP
for the same purposes. However, these sections differ in what premises are excluded and whether
DEP must have a reason to believe that noncompliance exists. If both of these sections govern
the same activity, they should be identical or one could be deleted.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 253.04, 258.39, 373.250, 380.093, 381.0061, 381.0065,
381.0066, 403.061, 403.064, 403.067, 403.086, 403.091, 403.121, 403.0671, 403.0673 of the
Florida Statutes.
This bill reenacts sections 327.73(1)(x), 381.0072(4)(a) and (6)(a), 381.0086(4), 381.0098(7),
and 513.10(2) of the Florida Statutes. BILL: SB 1386 Page 33
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.