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 Transportation, Tourism, and Economic
Development
BILL: SB 810
INTRODUCER: Senator Burgess
SUBJECT: Stormwater Management Systems
DATE: March 21, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Favorable
2. Griffin Nortelus ATD Pre-meeting
3. FP
I. Summary:
SB 810 requires each political subdivision of this state to inspect known works under the normal
and customary control of the political subdivision by June 1 of each year. The bill directs the
Division of Emergency Management (DEM) to create a standardized form for the official who
completes such inspection to complete and sign, attesting that he or she completed the
inspection. The form must be submitted to the DEM.
The bill may have an indeterminate, negative fiscal impact on the DEM and local governments
and other political subdivisions. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
Environmental Resource Permitting (ERP)
Part IV of ch. 373, F.S., and Rule 62-330, F.A.C., regulate the statewide ERP program, which is
the primary tool used by the Department of Environmental Protection (DEP) and the water
management districts (WMDs) for preserving natural resources and fish and wildlife, minimizing
degradation of water resources caused by stormwater discharges, and providing for the
management of water and related land resources. The program governs the construction,
alteration, operation, maintenance, repair, abandonment, and removal of stormwater management
systems, dams, impoundments, reservoirs, appurtenant works, and other works such as docks,
piers, structures, dredging, and filling located in, on, or over wetlands or other surface waters.
1
1
Fla. Admin. Code R. 62-330.010(2).
REVISED: BILL: SB 810 Page 2
The ERP regulatory framework also includes inspection requirements. For example, s. 373.423,
F.S., provides that, during the construction or alteration of any stormwater management system,
dam, impoundment, reservoir, appurtenant work, or works, DEP or the governing board of a
water management district must make periodic inspections to ensure conformity with the
approved plans and specifications included in the permit.
2
Additionally, once the work is
completed, the executive director of the water management district or DEP must ensure periodic
inspections are conducted to protect public health, safety, and natural resources.
3
Inspection requirements for stormwater management systems will be discussed in further detail
below.
Stormwater Runoff
Florida averages 40-60 inches of rainfall a year, depending on the location, with about two-thirds
falling between June and October.
4
Stormwater runoff generated during these rain events flows
over land or impervious surfaces, such as paved streets, parking lots, driveways, sidewalks, and
rooftops, and picks up pollutants like trash, chemicals, oils, and sediment along the way. This
unfiltered water ends up in streams, ponds, lakes, bays, wetlands, oceans, and groundwater.
Construction sites, lawns, improperly stored hazardous wastes, and illegal dumping are all
potential sources of stormwater pollutants.
5
Polluted stormwater runoff is one of the greatest threats to clean water in the United States.
6
Over 40 percent of waters assessed by the states are too polluted for fishing or swimming.
7
Nonpoint sources associated with stormwater account for over 40 percent of these polluted
waters.
8
Conversely, traditional point sources (i.e., wastewater treatment plants) account for only
about 10 percent of these polluted or “impaired” waters.
9
Hundreds of impaired waters in Florida
have lost their designated use due, in part, to stormwater pollution.
10
2
Section 373.423(1), F.S.
3
Section 373.423(2), F.S.
4
University of Florida Institute of Food and Agricultural Sciences, Florida Rainfall Data Sources and Types, 1 (2023),
available at https://edis.ifas.ufl.edu/publication/AE517.
5
U.S. Environmental Protection Agency (EPA), Urbanization and Stormwater Runoff,
https://www.epa.gov/sourcewaterprotection/urbanization-and-stormwater-runoff (last visited Mar. 3, 2025).
6
South Florida Water Management District (SFWMD), Your Impact on the Environment,
https://www.sfwmd.gov/community-residents/what-can-you-do (last visited Mar. 3, 2025); EPA, Soak Up the Rain: What’s
the Problem?, https://www.epa.gov/soakuptherain/soak-rain-whats-
problem#:~:text=Runoff%20picks%20up%20fertilizer%2C%20oil,clean%20water%20in%20the%20U.S. (last visited Mar.
5, 2025).
7
DEP, Stormwater Support, https://floridadep.gov/water/engineering-hydrology-geology/content/stormwater-support (last
visited Mar. 3, 2025). A recent study examining water quality across the U.S. shows Florida ranks first in the nation for total
acres of lakes classified as impaired for swimming and aquatic life (873,340 acres), and second for total lake acres listed as
impaired for any use (935,808 acres). Environmental Integrity Project, The Clean Water Act at 50, 28 (2022), available at
https://environmentalintegrity.org/wp-content/uploads/2022/03/CWA@50-report-3-17-22.pdf.
Florida also has the second
most total square miles of impaired estuaries (2,533 square miles).
Id. at 29.
8
DEP, Stormwater Support, https://floridadep.gov/water/engineering-hydrology-geology/content/stormwater-support (last
visited Mar. 3, 2025).
9
Id.
10
Id. BILL: SB 810 Page 3
Moreover, when prolonged or heavy rains saturate the ground, such as during a hurricane or
other storm event, stormwater retention ponds may overflow and yards and streets may flood,
causing sanitary sewer systems to also overflow.
11
Some stormwater management structures may
fail during severe storm events when overwhelmed by flood volumes that exceed the facility’s
design capacity or by defects or lack of maintenance that result in reduced storage capacity.
12
Inadequate stormwater management can also increase stormwater flows and velocities,
contribute to erosion, overtax the carrying capacity of streams and other conveyances, and
reduce groundwater recharge.
13
Stormwater Management Rules
In 2020, the Florida Legislature passed Senate Bill 712, also known as the Clean Waterways Act
(the Act).
14
This legislation passed with unanimous, bipartisan support and included a wide range
of water-quality protection provisions aimed at minimizing the impact of known sources of
nutrient pollution and strengthening regulatory requirements. Among other things, the Act
directed DEP and water management districts to update stormwater rules using the latest
scientific information.
15
In 2024, the Legislature ratified those rules. Among other things, the
revised rules:
• Created new minimum performance standards for all ERP stormwater systems;
• Required applicants to demonstrate through modeling and calculations based on local
conditions and annual runoff volumes that their proposed stormwater treatment system is
designed to discharge to the required treatment level; and
• Created new requirements for periodic inspections and the operation and maintenance of
stormwater treatment systems.
Under the revised rules, operation and maintenance entities—other than municipal separate
storm sewer system (MS4) entities—are required to submit a written operation and maintenance
plan and conduct periodic inspections to ensure that the stormwater management system, and
each component thereof, continues to function as designed and permitted.
16
The table below
provides the default inspection frequencies for common stormwater best management practices.
These inspection frequencies may be altered by the permitting agency.
17
11
DEP, Water Conservation Tips, https://floridadep.gov/comm/press-office/content/water-conservation-tips (last visited Mar.
4, 2025).
12
U.S. Federal Emergency Management Agency, Hurricane and Flood Mitigation Handbook for Public Facilities: Fact
Sheet 2.2: Basins, 1 (2022), available at https://www.fema.gov/sites/default/files/documents/fema_p-2181-fact-sheet-2-2-
basins.pdf?utm_source=chatgpt.com.
13
Fla. Admin. Code R. 62-40.431(2)(b).
14
Ch. 2020-150, Laws of Fla.
15
Id.at s. 5 (amending s. 373.4131, F.S., effective July 1, 2020).
16
DEP, ERP Applicant’s Handbook: Vol I, ss. 12.4.1 and 12.5(a), (2024), available at
https://flrules.org/Gateway/reference.asp?No=Ref-15342.
17
DEP, ERP Applicant’s Handbook: Vol I at s. 12.5(g), table 12.1. BILL: SB 810 Page 4
The new inspection requirements under the revised rules do not apply to MS4 entities. An MS4
is a publicly-owned conveyance or system of conveyances (i.e., ditches, curbs, catch basins,
underground pipes, etc.) for collecting or conveying stormwater and discharges to surface waters
of the state.
18
Examples of MS4 entities include, but are not limited to, municipalities, counties,
community development districts, universities, military bases or federal correctional facilities.
19
MS4 entities must conduct and report inspections in accordance with their MS4 permit
requirements and any associated standard operating procedures.
20
MS4 entities do not need to
provide a written operation and maintenance plan under the revised rules.
21
MS4 entities must
nonetheless ensure that operation and maintenance activities are sufficient to perpetually
maintain the performance of the ERP stormwater management system so that it functions as
designed and permitted and must conduct operation and maintenance in accordance with their
MS4 permit requirements.
22
Operators of large, medium, and regulated small MS4s are required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit to discharge to waters of the state.
23
For large and medium MS4 discharges, the permit application must include a proposed
management program, including priorities and procedures for inspections, to detect and remove
illicit discharges and improper disposal into the sewer system.
24
Permittees may also be required
18
DEP, Municipal Separate Storm Sewer Systems (MS4), https://floridadep.gov/water/stormwater/content/municipal-
separate-storm-sewer-systems-
ms4#:~:text=A%20municipal%20separate%20storm%20sewer%20system%20%28MS4%29%20is,that%20discharges%20to
%20surface%20waters%20of%20the%20state (last visited Mar. 4, 2025).
19
Id.
20
DEP, ERP Applicant’s Handbook: Vol. I at s. 12.5(b).
21
Id. at s. 12.4.1.
22
Id.
23
DEP, Municipal Separate Storm Sewer Systems (MS4), https://floridadep.gov/water/stormwater/content/municipal-
separate-storm-sewer-systems-
ms4#:~:text=A%20municipal%20separate%20storm%20sewer%20system%20%28MS4%29%20is,that%20discharges%20to
%20surface%20waters%20of%20the%20state (last visited Mar. 4, 2025). See also Fla. Admin. Code R. 62-624.400; 40
C.F.R. 122.26.
24
40 C.F.R. 122.26(d)(2)(iv)(B)(1). BILL: SB 810 Page 5
to allow the DEP personnel to inspect facilities, equipment, practices, and operations regulated
under a NPDES generic permit.
25
III. Effect of Proposed Changes:
Section 1 amends s. 373.423, F.S., relating to the stormwater management system inspections.
The bill requires each political subdivision of this state to inspect known works under the normal
and customary control of the political subdivision
26
by June 1 of each year. The bill directs the
Division of Emergency Management to create a standardized form for the official who completes
such inspection to complete and sign, attesting that he or she completed the inspection. The form
must be submitted to the Division of Emergency Management.
The bill also directs the Division of Emergency Management to adopt rules to implement this
section, including rules establishing a standardized form.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The municipality/county mandates provision of Art. VII, s. 18(a) of the Florida
Constitution may apply to this bill. The Florida Constitution limits the ability of the State
to impose unfunded mandates on local governments. This bill requires political
subdivisions to expend funds to annually inspect known works under their control.
However, the law would likely have an insignificant fiscal impact. Therefore, an
exemption from Art. VII, s. 18(a) of the Florida Constitution likely applies.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
25
Fla. Admin. Code Form 62-621.300(7)(a), available at https://floridadep.gov/water/stormwater/forms/phase-ii-ms4-
generic-permit-2021.
26
Under a separate part of chapter 373, F.S., political subdivision is defined as a city, town, county, district, or other public
body created by or pursuant to state law, or any combination thereof acting cooperatively or jointly. Section 373.303(4), F.S.
This term is not defined in part IV of chapter 373, F.S. BILL: SB 810 Page 6
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Division of Emergency Management may also incur costs related to the development
of rules and a standardized form pursuant to the requirements of this bill.
Local governments and other political subdivisions may be required to expend funds to
conduct annual inspections of their stormwater management systems.
VI. Technical Deficiencies:
The bill does not define “known works,” and it is therefore unclear if this bill requires political
subdivisions to inspect only stormwater management systems or other structures under their
control (e.g., dams, impoundments, reservoirs, appurtenant works, other infrastructure). It is also
unclear if “normal and customary control” includes everything within the political subdivision’s
jurisdiction or just works that the political subdivision has the responsibility to maintain.
VII. Related Issues:
It may be beneficial to define “political subdivisions.” This term is defined under a separate part
of chapter 373, F.S., as a city, town, county, district, or other public body created by or pursuant
to state law, or any combination thereof acting cooperatively or jointly.
27
However, the term is
not defined in the bill or part IV of chapter 373, F.S.
VIII. Statutes Affected:
This bill substantially amends section 373.423 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
27
Section 373.303(4), F.S. BILL: SB 810 Page 7
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.