Florida Senate Bill S1386 Analysis / Analysis

                    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 Appropriations Committee on Agriculture, Environment, and General 
Government  
BILL: CS/SB 1386 
INTRODUCER:  Appropriations Committee on Agriculture, Environment, and General Government and 
Senator Calatayud 
SUBJECT:  Department of Environmental Protection 
DATE: February 15, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Carroll Rogers EN Favorable 
2. Reagan Betta AEG  Fav/CS 
3.     FP  
 
I. Summary: 
CS/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 the DEP regarding the processing and enforcement of septic 
tank requirements. 
 Directing the 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 the DEP to establish an enhanced nutrient-reducing OSTDS approval program. 
 
Regarding domestic wastewater treatment facilities and wastewater treatment plans, the bill: 
REVISED:   BILL: CS/SB 1386   	Page 2 
 
 Requires certain public and private facilities to participate in developing the domestic 
wastewater treatment plan including providing certain information to the applicable local 
government. 
 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 the 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 the 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 National 
Oceanic and Atmospheric Administration 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 the DEP and the Chief Resilience 
Officer’s discretion. 
 Expands the types of projects that can be submitted by local or regional entities.  
 
The bill requires the DEP to include the projects funded under the water quality grant program 
on a user-friendly website or dashboard. 
 
The bill requires the Office of Economic and Demographic Research to provide a publicly-
accessible data visualization tool on its website related to its statewide wastewater and 
stormwater needs analysis. 
 
Regarding aquatic preserves, the bill:  BILL: CS/SB 1386   	Page 3 
 
 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. 
 
The bill may have a positive, yet indeterminate, fiscal impact on state government, because the 
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. 
 
The bill has an effective date of July 1, 2024. 
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 
                                                
1
 U.S. Environmental Protection Agency (EPA), Nutrient Pollution: The Problem, 
https://www.epa.gov/nutrientpollution/problem (last visited Jan. 18, 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. 18, 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. 18, 2024) (showing the graphic provided in the analysis).  BILL: CS/SB 1386   	Page 4 
 
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 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
 
The Department of Environmental Protection (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 
                                                
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. 18, 2024).  
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. 18, 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.  BILL: CS/SB 1386   	Page 5 
 
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 the DEP.
18
  
 
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from 
the Department of Health (DOH) to the 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, the 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 the DEP instead of the 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 the 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 the 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 
                                                
16
 Section 373.469, F.S. 
17
 Section 381.00655, F.S. 
18
 Id. 
19
 DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Jan. 18, 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. 18, 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.  BILL: CS/SB 1386   	Page 6 
 
private building, the DEP must obtain permission from the owner or occupant or secure an 
inspection warrant from a court of competent jurisdiction. The 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
 
 
The 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
 The 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.  
 
 
                                                
29
 Section 381.0065(5), F.S. 
30
 Id. 
31
 Id.  
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: CS/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. 
 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
 
                                                
36
 Id.  
37
 Section 403.131, F.S.  BILL: CS/SB 1386   	Page 8 
 
 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
 
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 
                                                
35
 Section 403.121, F.S. 
38
 Section 386.03, F.S. 
39
 Id.  
40
 Section 489.556, F.S. 
41
 Section 489.558, F.S.  BILL: CS/SB 1386   	Page 9 
 
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
  
 
The DEP sorted those waters into 29 major watersheds, or basins, and further organized them 
into five basin groups for assessment purposes.
44
 If the 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 (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 the 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 the DEP or a water management district for failure to implement these 
requirements.
50
  
 
The 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
  
                                                
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 Jan. 18, 
2024); 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 Jan. 18, 2024). 
43
 Id. 
44
 DEP, Assessment Lists, https://floridadep.gov/dear/watershed-assessment-section/content/assessment-lists (last visited Jan. 
18, 2024).  
45
 Id.; DEP, Verified List Waterbody Ids (WBIDs), https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-
wbids/about (last visited Jan. 18, 2024); 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.  BILL: CS/SB 1386   	Page 10 
 
 
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; 
 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 
                                                
53
 Section 403.067(7)(a)6., F.S. 
54
 Id. 
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 Jan. 18, 2024). 
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.  BILL: CS/SB 1386   	Page 11 
 
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
  
 
 
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 
                                                
61
 NOAA, Climate Change: Global Sea Level, https://www.climate.gov/news-features/understanding-climate/climate-
change-global-sea-level (last visited Jan. 18, 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. 
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.   BILL: CS/SB 1386   	Page 12 
 
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
 
 
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 NOAA operates tide 
gauges along the nation’s coasts and satellites that measure changes in sea level. In 2017 and 
2022, the NOAA published sea level rise projections for the U.S.
70
 The 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: 
                                                
69
 Sea Level Rise Ad Hoc Work Group, Southeast Florida Regional Climate Change Compact (SFRCCC), Unified Sea Level 
Rise Projection: Southeast Florida at 5.  
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. 18, 2024). 
73
 Federal Emergency Management Agency (FEMA), National Risk Index: Community Resilience, 
https://hazards.fema.gov/nri/community-resilience (last visited Jan. 18, 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.   BILL: CS/SB 1386   	Page 13 
 
 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
 
 
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: 
                                                
76
 FEMA, Types of Nature-Based Solutions, https://www.fema.gov/emergency-managers/risk-management/nature-based-
solutions/types (last visited Jan. 18, 2024). 
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.  BILL: CS/SB 1386   	Page 14 
 
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 
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, the 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, the 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 the 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
 The DEP ranks the projects using a 
four-tier scoring system.
89
 The 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 
                                                
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. 18, 2024). 
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. 18, 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.   BILL: CS/SB 1386   	Page 15 
 
2022, the DEP submitted the FY 23-24 Statewide Flooding and Sea Level Rise Resilience Plan 
totaling nearly $408 million over the next three years.
91
  
 
The 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
 
 
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 the DEP 
worked together to provide the Governor and the 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
 
                                                
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. 
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.  BILL: CS/SB 1386   	Page 16 
 
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 
permit.
104
 The 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, the 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 the 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 the DEP.
111
 In 2021, a total of 
455 domestic wastewater treatment facilities reported making reclaimed water available for 
                                                
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. 18, 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. 18, 2024). For federal 
permits, see 33 U.S.C. s. 1342. 
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.  BILL: CS/SB 1386   	Page 17 
 
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
  
 
 
 
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
 
 
                                                
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. 18, 2024). 
114
 DEP, 2019 Reuse Inventory Report at 2, 3. 
115
 Id. at 2. 
116
 Id. at 3.  
117
 DEP, Florida’s Reuse Activities. 
118
 Chapter 2021-168, Laws of Fla.; s. 403.064(17), F.S. 
119
 Id.   BILL: CS/SB 1386   	Page 18 
 
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, 
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 the DEP and the water management districts (districts) play a regulatory role in the use of 
reclaimed water. The 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. The 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
 
 
                                                
120
 Id.  
121
 Id.  
122
 DEP, Alternative Water Supply, https://floridadep.gov/water-policy/water-policy/content/alternative-water-
supply#Alternative%20Water%20Supplie (last visited Jan. 18, 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. 18, 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. 18, 2024).    BILL: CS/SB 1386   	Page 19 
 
In its rules, the 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
 
 
The 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
 The 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
 The districts may not require 
CUPs for reclaimed water.
133
 
 
The 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
  
 
                                                
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. 18, 2024).  
129
 Fla. Admin. Code R. 62-610.412. 
130
 DEP, Water Management Districts, https://floridadep.gov/water-policy/water-policy/content/water-management-districts 
(last visited Jan. 18, 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. 18, 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. 18, 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: CS/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. 18, 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., 18, 2024).  
139
 Id.  
140
 Id.  
141
 Section 258.36, F.S.; DEP, Aquatic Preserve Program, https://floridadep.gov/rcp/aquatic-preserve (last visited Jan. 18, 
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. 18, 2024); DEP, Office of Resilience and Coastal Protection, Aquatic Preserve 
Program, https://floridaapdata.org/about_FCO.php (last visited Jan. 18, 2024).  
143
 DEP ORCP, Aquatic Preserve Program.   BILL: CS/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 18, 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: CS/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. 18, 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. 18, 
2024).   BILL: CS/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 quantifiable 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 that meets the 
advanced wastewater treatment standards for total nitrogen and total phosphorous 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 that meets the 
advanced wastewater treatment standards for total nitrogen and total phosphorous 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 
                                                
163
 DEP, Coral ECA: Kristin Jacobs Coral Reef Ecosystem Conservation Area.   BILL: CS/SB 1386   	Page 24 
 
recovery or prevention strategy. The bill provides that rules associated with this paragraph must 
include, at a minimum: 
 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, F.S.  
 
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 the 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 the 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 the 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, the 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 the DEP an inventory of critical assets, including regionally significant assets that  BILL: CS/SB 1386   	Page 25 
 
are currently, or within 50 years are reasonably expected to be, impacted by flooding and sea 
level rise. 
 
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 the 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 closest 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 the DEP to develop and maintain a 
comprehensive statewide flood vulnerability and sea level rise data set. The bill directs the DEP 
to develop and maintain the data set in coordination with the Chief Resilience Officer. The bill  BILL: CS/SB 1386   	Page 26 
 
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.  
The bill updates an out-of-date provision and requires the 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 the 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 the 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 the 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 the 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 or the existing vulnerability assessment was completed using 
previously compliant statutory requirements.  The bill provides that projects identified from this 
category of vulnerability assessments are eligible for submittal until the prior vulnerability 
assessment has been updated to meet the most recent statutory requirements 
 
The bill removes the term “financially disadvantaged community” for purposes of reduced cost 
share and replaces it with the term “community eligible for reduced cost share” and includes a 
municipality or county with a per capita annual income that is equal to or less than 75 percent of 
the state’s per capita annual income as shown in the most recent release from the Bureau of the 
Census of the United States Department of Commerce. 
  BILL: CS/SB 1386   	Page 27 
 
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 the DEP to adopt rules to implement this section. 
 
 
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 the 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 the 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 the DOH may impose a fine for a violation of any rule adopted by the 
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 the DOH to the DEP, as required by the Clean Waterways Act, be 
completed in a phased approach.  
 
The bill directs that before the phased transfer, the DEP must coordinate with the 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. The DOH must transfer the agreed-upon 
equipment and vehicles to the DEP, to the extent that each county agrees to relinquish ownership 
of such equipment and vehicles to the DOH. 
 
The bill provides that when the DEP begins implementing the program within a county, the DOH 
may no longer implement or collect fees for the program unless specified by separate delegation 
or contract with the DEP. 
  BILL: CS/SB 1386   	Page 28 
 
Section 7 amends s. 381.0065, F.S., to specify that the 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 the 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 the DEP shall have all the duties and authorities of 
the 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.  
 
The bill directs the 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 the DEP without any agency action by the DEP. Within 
the 30-day notice period, the 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, the DEP must notify the person.  
 
The bill specifies that for DEP personnel to gain entry to a residence or private building, the 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 the DEP to issue citations that 
may contain an order of correction or an order to pay a fine, or both, and instead provides that 
the 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 the 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 the 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 the 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 the 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  BILL: CS/SB 1386   	Page 29 
 
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 the DOH to the DEP within any county, must be deposited in 
the Florida Permit Fee Trust Fund, to be administered by the DEP. 
 
Section 9 amends s. 403.061, F.S., to direct that, upon direction of the 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.  
 
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. 403.0673, F.S., which creates the water quality improvement grant 
program to require the DEP in the annual report to the Governor, the President of the Senate, and 
the Speaker of the House of Representatives on projects funded in the water quality grant 
program to include a status report on each project funded since 2021.  The status report must, at a  BILL: CS/SB 1386   	Page 30 
 
minimum, identify which projects have been completed and, if such information is available, 
provide nutrient load improvements or water quality testing data for the waterbody. The bill also 
directs the DEP to include projects funded under the water quality grant program on a user-
friendly website or dashboard. 
 
Section 13 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 for total nitrogen and phosphorous as set in statute,
164
 if 
the DEP has determined in an applicable BMAP or reasonable assurance plan that the use of 
reclaimed water is contributing to the nutrient impairment being addressed in such plan. The bill 
provides that for such DEP determinations made in a nutrient BMAP or reasonable assurance 
plan after July 1, 2024, an applicable wastewater treatment facility must meet the requisite 
advanced wastewater treatment standards within 10 years after such determination.  The DEP is 
not prevented from requiring an alternative treatment standard, including a more stringent 
treatment standard, if the DEP determines that alternative standard is necessary to achieve the 
total maximum daily load or applicable water quality criteria.  The bill provides that this criteria 
does not apply to reclaimed water that is otherwise land applied as part of a water quality 
restoration project or water resource development project approved by the DEP to meet a total 
maximum daily load or minimum flow or level and where such reclaimed water will be at or 
below the advanced wastewater treatment standards before entering groundwater or surface 
water. 
 
Section 14 amends s. 403.091, F.S., to provide that any duly authorized representative of the 
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 the 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, 
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 the DEP to 
ensure compliance with the law listed above. 
 
Section 15 amends s. 403.121, F.S., to provide that the 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). 
                                                
164
 Section 403.086(4), F.S.   BILL: CS/SB 1386   	Page 31 
 
 
With regard to the schedule for administrative penalties, the 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 16 amends s. 403.9301, F.S., to require the Office of Economic and Demographic 
Research to provide, beginning July 1, 2024, and annually thereafter, a publicly-accessible data 
visualization tool on its website related to its statewide wastewater services projections. 
 
Section 17 amends s. 403.9302, F.S., to require the Office of Economic and Demographic 
Research to provide, beginning July 1, 2024, and annually thereafter, a publicly accessible data 
visualization tool on its website related to its statewide stormwater services projections. 
 
Section 18amends 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. 
 
Sections 19 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 20 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 21 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 22 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. 
 
Section 23 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 24 provides an effective date of July 1, 2024.  BILL: CS/SB 1386   	Page 32 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Article VII, s. 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;  
 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.  BILL: CS/SB 1386   	Page 33 
 
C. Government Sector Impact: 
This bill may have a positive fiscal impact on certain local governments, because 
opportunities for reduced cost share now includes a municipality or county with a per 
capita annual income that is equal or less than 75 percent of the state’s per capita annual 
income as shown in the most recent census for the Resilient Florida Grant Program.  With 
more counties and municipalities available for reduced cost share and a finite amount of 
funds, some counties and municipalities may not receive grants that they may otherwise 
have. 
 
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 the DEP, but they will also no 
longer have to provide those services. 
 
This bill may have a positive fiscal impact on state government, because the 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 the DEP to deposit funds from fines into the county health 
department trust fund. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 253.04, 258.39, 
373.250, 380.093, 381.0061, 381.0065, 381.0066, 403.061, 403.064, 403.067, 403.0673, 
403.086, 403.091, 403.9301, 403.9302, 403.121, and 403.0671,.  
 
This bill reenacts the following sections of the Florida Statutes: 327.73(1)(x), 381.0072(4)(a) and 
(6)(a), 381.0086(4), 381.0098(7), and 513.10(2). 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Appropriations Committee on Agriculture, Environment, and General 
Government on February 13, 2024: 
The committee substitute:  BILL: CS/SB 1386   	Page 34 
 
 Clarifies that resiliency projects identified in a previously completed vulnerability 
assessment remain eligible for funding in the state resilience plan and project 
applications may be submitted to the department any time prior to September 1 of 
each year.  
 Specifies that the requirement to treat reclaimed water used for irrigation to advanced 
waste treatment standards only applies to the nitrogen and phosphorous criteria and if 
within a nutrient basin management action plan where the department has determined 
that the use of reclaimed water is causing or contributing to the nutrient impairment.   
 Directs the Office of Economic and Demographic Research to provide a publicly-
accessible data visualization tool related to its statewide wastewater and stormwater 
needs analysis.  
 Directs the DEP to include the Water Quality Grant Program projects funded under 
the water quality grant program on a user-friendly website or dashboard.  
 Specifies that a consumptive use permit extension authorized in the bill only applies 
if the reclaimed water meets the advanced treatment standards for total nitrogen and 
phosphorous.  
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.