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: CS/SB 810
INTRODUCER: Appropriations Committee on Transportation, Tourism, and Economic Development and
Senator Burgess
SUBJECT: Stormwater Management Systems
DATE: March 26, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Favorable
2. Griffin Nortelus ATD Fav/CS
3. FP
I. Summary:
CS/SB 810 requires each municipal separate storm sewer (MS4) entity to conduct annual
operation and maintenance inspections of all permitted stormwater management systems owned
or operated by the MS4 entity. As part of such inspections, the MS4 entity must identify any
infrastructure within the MS4, or any component thereof, which:
• Has a significant vulnerability to obstruction, blockage, deterioration, failure, or other
deficiencies; and
• Upon operational failure, would result in flooding and property damage.
The bill requires MS4 entities to complete a stormwater facility inspection checklist for each
MS4 inspected and submit it to the Department of Environmental Protection and the Division of
Emergency Management by September 1, 2026, and by June 1 of each year thereafter. Each
checklist must include any vulnerable infrastructure within the MS4 identified by the inspection.
The bill may have an indeterminate, negative fiscal impact on MS4 entities. 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
REVISED: BILL: CS/SB 810 Page 2
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
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, the 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 the 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
1
Fla. Admin. Code R. 62-330.010(2).
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. BILL: CS/SB 810 Page 3
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
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 and Municipal Separate Storm and Sewer (MS4) Entities
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 the 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
8
DEP, Stormwater Support, https://floridadep.gov/water/engineering-hydrology-geology/content/stormwater-support (last
visited Mar. 3, 2025).
9
Id.
10
Id.
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. BILL: CS/SB 810 Page 4
provides the default inspection frequencies for common stormwater best management practices.
These inspection frequencies may be altered by the permitting agency.
17
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
17
DEP, ERP Applicant’s Handbook: Vol I at s. 12.5(g), table 12.1.
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. BILL: CS/SB 810 Page 5
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
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 provides that MS4 means a municipal separate storm sewer as defined in 40 C.F.R. s.
122.26(b), which in turn defines the term as a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains):
• Owned or operated by a state, city, town, borough, county, parish, district, association, or
other public body (created by or pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes, including special districts under state
law such as a sewer district, flood control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under section 208 of the Clean Water Act that discharges to waters of
the United States;
• Designed or used for collecting or conveying storm water;
• Which is not a combined sewer; and
• Which is not part of a publicly owned treatment works.
26
The bill requires each MS4 entity
27
to conduct annual operation and maintenance inspections of
all permitted stormwater management systems owned or operated by the MS4 entity. As part of
such inspections, the MS4 entity must identify any infrastructure within the MS4, or any
component thereof, which:
• Has a significant vulnerability to obstruction, blockage, deterioration, failure, or other
deficiencies; and
• Upon operational failure, would result in flooding and property damage.
The bill requires the MS4 entity to complete the stormwater facility inspection checklist
developed by the Department of Environmental Protection (DEP) for each MS4 inspected
pursuant to this bill. The completed checklist must be submitted to the DEP and the Division of
Emergency Management by September 1, 2026, and by June 1 of each year thereafter. Each
checklist must include any vulnerable infrastructure within the MS4, or any component thereof,
as identified by the inspection.
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
24
40 C.F.R. 122.26(d)(2)(iv)(B)(1).
25
Fla. Admin. Code Form 62-621.300(7)(a), available at https://floridadep.gov/water/stormwater/forms/phase-ii-ms4-
generic-permit-2021. BILL: CS/SB 810 Page 6
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.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Municipal separate storm sewer entities may be required to expend funds to conduct
annual inspections of their stormwater management systems.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 373.423 of the Florida Statutes. BILL: CS/SB 810 Page 7
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 Transportation, Tourism, and Economic
Development on March 24, 2025:
The committee substitute:
• Provides that the bill applies to municipal separate storm sewer (MS4) entities.
• Requires MS4s to conduct annual inspections of all permitted stormwater
management systems owned or operated by the MS4 entity.
• Requires the MS4 entity to identify vulnerable infrastructure within the MS4, or any
component thereof, which upon operational failure would result in flooding and
property damage.
• Requires the MS4 entity to complete a stormwater facility inspection checklist and
submit it to the Department of Environmental Protection and the Division of
Emergency Management by September 1, 2026, and by June 1 of each year
thereafter. Each checklist must include any vulnerable infrastructure within the MS4
identified by the inspection.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.