The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 1228
INTRODUCER: Senator McClain
SUBJECT: Spring Restoration
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Favorable
2. Schrader Imhof RI Favorable
3. Barriero Yeatman RC Pre-meeting
I. Summary:
SB 1228 allows a domestic wastewater facility with an approved plan to eliminate nonbeneficial
surface water discharges to request to amend the plan to incorporate a reclaimed water project
identified in an Outstanding Florida Springs recovery or prevention strategy. The Department of
Environmental Protection (DEP) must approve the request within 60 days if the following
conditions are met:
• The identified use of reclaimed water will benefit a rural area of opportunity.
• The project will provide at least 35 million gallons per day of reclaimed water to benefit an
Outstanding Florida Spring.
• The project involves more than one domestic wastewater treatment facility.
• The project implementation and surface water discharge elimination schedule meets the
minimum flows and minimum water levels requirements for Outstanding Florida Springs.
II. Present Situation:
Outstanding Florida Springs
In 2016, the Florida Legislature enacted the Florida Springs and Aquifer Protection Act and
identified 30 Outstanding Florida Springs (OFSs) that require additional protections to ensure
their conservation and restoration for future generations.
1
These springs are a unique part of the
state’s scenic beauty, provide critical habitat, and have immeasurable natural, recreational, and
economic value.
2
OFSs are defined by statute and include all historic first magnitude springs,
including their associated spring runs, as determined by the DEP using the most recent Florida
1
DEP, Springs, https://floridadep.gov/springs/ (last visited Mar. 3, 2025).
2
DEP, Protect and Restore Springs, https://floridadep.gov/springs/protect-restore (last visited Mar. 5, 2025); Ch. 2016-1, s.
22, Laws of Fla.
REVISED: BILL: SB 1228 Page 2
Geological Survey springs bulletin, and several additional enumerated springs.
3
There are 30
OFSs, including 24 historic first magnitude springs and six named additional springs.
4
5
The water quality for each OFS must be assessed and a minimum flow or minimum water level
(MFL) must be established.
6
3
Section 373.802(4), F.S.
4
DEP, Outstanding Florida Springs, https://geodata.dep.state.fl.us/datasets/outstanding-florida-springs-ofs/about?layer=1
(last visited Mar. 22, 2025). The 30 OFSs are Alexander Spring, Chassahowitzka Springs Group, Columbia Spring, Crystal
River, DeLeon Spring, Devil’s Ear Spring, Falmouth Spring, Fanning Springs, Gainer Spring Group, Gemini Springs,
Homasassa Spring Group, Hornsby Spring, Ichetucknee Spring Group, Jackson Blue Spring, Lafayette Blue Spring, Madison
Blue Spring, Manatee Spring, Peacock Springs, Poe Spring, Rainbow Spring Group, Rock Springs, Silver Glen Springs,
Silver Springs, Treehouse Spring, Troy Spring, Volusia Blue Spring, Wacissa Spring Group, Wakulla Spring, Weeki Wachee
Springs Group, and Wekiwa Spring. DEP, 62-41.400-403, F.A.C. Outstanding Florida Springs Rule Development Workshop,
5 (2023), available at https://floridadep.gov/sites/default/files/OFS_Workshop_Aug-28-2023_0.pdf (showing map of OFSs).
5
DEP, 62-41.400-403, F.A.C. Outstanding Florida Springs Rule Development Workshop, supra note 4 at pg. 4.
6
See ch. 2016-1, s. 5, Laws of Fla.; s. 373.042(2)(a), F.S. See also DEP, Protect and Restore Springs,
https://floridadep.gov/springs/protect-restore; 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#Minimum%20Flows%20and%20Minimum%20Water%20Levels%20(MFLs) (last visited Mar. 5, 2025). BILL: SB 1228 Page 3
Minimum Flow and Minimum Water Levels (MFLs)
MFLs are established for waterbodies to prevent significant harm to the water resources or
ecology of an area as a result of water withdrawals.
7
MFLs are typically determined based on
evaluations of natural seasonal fluctuations in water flows or levels, nonconsumptive uses, and
environmental values associated with coastal, estuarine, riverine, spring, aquatic, wetlands
ecology, and other pertinent information associated with the water resource.
8
While the DEP has the authority to adopt MFLs, the state’s five water management districts have
the primary responsibility for MFL adoption. Water management districts submit annual MFL
priority lists and schedules to the DEP for the establishment of MFLs for surface watercourses,
aquifers, and surface waters within the district.
9
MFLs are calculated using the best information
available
10
and are considered rules by the water management districts, which are subject to
administrative challenges pursuant to ch. 120, F.S..
11
MFLs are subject to independent scientific
peer review at the election of the DEP, a water management district, or, if requested, by a third
party.
12
MFLs must be established for each OFS.
13
If the water management district or the DEP fails to
do so, it must adopt an MFL by emergency rule pursuant to s. 120.54(4), F.S.
14
For OFSs
identified on a water management district’s priority list which have the potential to be affected
by withdrawals in an adjacent district, the adjacent district and the DEP must collaboratively
develop and implement a recovery or prevention strategy for an OFS not meeting an adopted
MFL.
15
For OFSs that fall below the adopted MFL, or are projected to fall below the MFL within 20
years, the DEP or water management districts must implement a recovery or prevention strategy
to ensure the MFL is maintained over the long-term.
16
The recovery or prevention strategy must
include:
• A listing of all specific projects identified for implementation of the plan;
• A priority listing of each project;
• The estimated cost and date of completion for each listed project;
• The source and amount of financial assistance to be made available by the water management
district for each listed project, which may not be less than 25 percent of the total project cost
7
See s. 373.042, F.S.; see also DEP, Minimum Flows and Minimum Water Levels and Reservations, supra note 6.
8
Fla. Admin. Code R. 62-40.473(1).
9
Section 373.042(3), F.S.
10
Section 373.042(1), F.S.
11
Section 373.042(5) and (7), F.S.
12
Section 373.042(6)(a), F.S.
13
Section 373.042(2), F.S.
14
Id.
15
Section 373.042(2)(b), F.S.
16
DEP, Minimum Flows and Minimum Water Levels and Reservations, https://floridadep.gov/owper/water-
policy/content/minimum-flows-and-minimum-water-levels-and-
reservations#Minimum%20Flows%20and%20Minimum%20Water%20Levels%20(MFLs) (last visited Mar. 22, 2025);
section 373.805(1), F.S. BILL: SB 1228 Page 4
unless a specific funding source or sources are identified which will provide more than 75
percent of the total project cost;
17
• An estimate of each listed project’s benefit to an OFS; and
• An implementation plan designed with a target to achieve the adopted MFL no more than 20
years after the adoption of the recovery or prevention strategy.
18
Reuse of Reclaimed Water
Reclaimed water is water that receives at least secondary treatment and basic disinfection and is
reused after flowing out of a domestic wastewater treatment facility.
19
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.
20
Reclaimed water
can be used for many purposes including:
• Irrigation of golf courses, parks, residential properties, highway medians and other
landscaped areas;
• Urban uses such as toilet flushing, car washing, dust control and aesthetic purposes (i.e.,
decorative lakes, ponds, and fountains);
• Agricultural uses such as irrigation of edible food crops, pasture lands, grasslands, and other
feed and fodder crops, and irrigation at nurseries;
• Wetlands creation, restoration, and enhancement;
• Recharging ground water with the use of rapid infiltration basins (percolation ponds),
absorption fields, and direct injection to ground waters;
• Augmentation of surface waters that are used for drinking water supplies; and
• Industrial uses, including plant wash down, processing water, and cooling water purposes.
21
A total of 380 domestic wastewater treatment facilities made reclaimed water available for reuse
in 2023.
22
Approximately 891 million gallons per day (mgd) of reclaimed water from these
facilities was reused for beneficial purposes, such as irrigating 655,171 residences, 536 golf
courses, 1,104 parks, and 417 schools.
23
Irrigation accounted for about 60 percent of the 891
mgd of reclaimed water that was reused.
24
The graph below shows the percentage of reclaimed
water utilization, by flow, for each reuse type.
25
17
The Northwest Florida Water Management District and the Suwannee River Water Management District are not required
to meet the minimum financial assistance requirement. Section 373.805(4), F.S.
18
Id.
19
Fla. Admin. Code R. 62-600.200(57).
20
Section 403.064(1), F.S.
21
DEP, Uses of Reclaimed Water, https://floridadep.gov/water/domestic-wastewater/content/uses-reclaimed-water (last
visited Mar. 22, 2025).
22
DEP, 2023 Reuse Inventory Report, 7 (2024), available at https://floridadep.gov/water/domestic-wastewater/content/reuse-
inventory-database-and-annual-report.
23
Id. at 7-8; DEP, Florida’s Reuse Activities, https://floridadep.gov/water/domestic-wastewater/content/floridas-reuse-
activities (last visited Mar. 22, 2025).
24
Id.
25
DEP, 2023 Reuse Inventory Report at 12 (showing graph of reclaimed water utilization). BILL: SB 1228 Page 5
The total reuse capacity of Florida’s domestic wastewater treatment facilities has
increased from 1,116 mgd in 2000 to 2,497 mgd in 2023.
26
The current reuse capacity represents
about 55 percent of the total permitted domestic wastewater treatment capacity in Florida.
27
Eliminating Nonbeneficial Discharges
Domestic wastewater utilities that dispose of effluent, reclaimed water, or reuse water by surface
water discharge are required to submit to the DEP a plan for eliminating nonbeneficial surface
water discharge by January 1, 2032.
28
The plan must include the average gallons per day of
effluent, reclaimed water, or reuse water that will no longer be discharged into surface waters
and the date of such elimination, the average gallons per day of surface water discharge which
will continue in accordance with approved alternative uses, and the level of treatment that the
26
DEP, Florida’s Reuse Activities, https://floridadep.gov/water/domestic-wastewater/content/floridas-reuse-activities (last
visited Mar. 5, 2025).
27
Id.
28
Section 403.064(16), F.S. BILL: SB 1228 Page 6
effluent, reclaimed water, or reuse water will receive before being discharged into a surface
water by each alternative.
29
The utility’s plan must eliminate surface water discharges or meet the requirements of s.
403.086(10), F.S., which regulates the elimination of domestic wastewater through ocean
outfalls.
30
If the plan does not provide for the complete elimination of surface water discharges,
it must provide an affirmative demonstration that any of the following conditions apply to the
remaining discharge:
o The discharge is associated with an indirect potable reuse project;
o The discharge is a wet weather discharge that occurs in accordance with an applicable
DEP permit;
o The discharge is into a stormwater management system and is subsequently withdrawn
for irrigation purposes;
o The utility operates domestic wastewater treatment facilities with reuse systems that
reuse a minimum of 90 percent of the facility’s annual average flow for reuse purposes;
or
o The discharge provides direct ecological or public water supply benefits, such as
rehydrating wetlands or implementing the requirements of MFLs or recovery or
prevention strategies for a waterbody.
31
These requirements do not apply to domestic wastewater treatment facilities that are:
• Located in a fiscally constrained county.
32
• Located in a municipality that is entirely within a rural area of opportunity.
33
• Located in a municipality that has less than $10 million in total revenue.
• Operated by an operator of a mobile home park
34
and has a permitted capacity of less than
300,000 gallons per day.
35
A utility may modify its plan, provided it continues to meet the above requirements and the
timeline to implement the plan is not extended.
36
If a plan is not timely submitted or approved by
29
Id.
30
Section 403.064(16)(a)1. and 2., F.S. Section 403.086(10), F.S., prohibits constructing new or expanding existing ocean
outfalls beyond the capacities authorized as of July 1, 2008. By December 31, 2018, wastewater discharged through ocean
outfalls must meet advanced treatment standards that reduce nitrogen and phosphorus levels, and by December 31, 2025,
utilities must implement reuse systems to repurpose at least 60 percent of their baseline wastewater flow for approved
beneficial uses such as irrigation, aquifer recharge, and industrial cooling. After December 31, 2025, ocean outfall discharges
are prohibited except for limited backup flows under specific conditions.
31
Section 403.064(16)(a)3., F.S.
32
Each county that is entirely within a rural area of opportunity or each county for which the value of a mill will raise no
more than $5 million in revenue from the previous July 1, is considered a fiscally constrained county. Section 218.67(1), F.S.
33
“Rural area of opportunity” means a rural community, or a region composed of rural communities, designated by the
Governor, which has been adversely affected by an extraordinary economic event, severe or chronic distress, or a natural
disaster or that presents a unique economic development opportunity of regional impact. Section 288.0656(2)(d), F.S.
34
“Operator of a mobile home park” means either a person who establishes a mobile home park on land that is leased from
another person or a person who has been delegated the authority to act as the park owner in matters relating to the
administration and management of the mobile home park, including, but not limited to, authority to make decisions relating
to the mobile home park. Section 723.003(16), F.S.
35
Section 403.064(16)(g), F.S.
36
Section 403.064(16)(b), F.S. BILL: SB 1228 Page 7
the DEP, the utility’s domestic wastewater treatment facilities may not dispose of effluent,
reclaimed water, or reuse water by surface water discharge after January 1, 2028.
37
Rural Areas of Opportunity
Section 288.0656(2)(d), F.S., defines a rural area of opportunity as a rural community, or a
region composed of rural communities, designated by the Governor, which has been adversely
affected by an extraordinary economic event, severe or chronic distress, or a natural disaster or
that presents a unique economic development opportunity of regional impact. Florida’s current
rural areas of opportunity are:
• Opportunity Florida (the Northwest Rural Area of Opportunity), consisting of Calhoun,
Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and Washington counties, and
the area within the city limits of Freeport and Walton County north of the Choctawhatchee
Bay and intercoastal waterway.
• North Florida Economic Development Partnership (the North Central Rural Area of
Opportunity), consisting of Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson,
Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union counties.
• Florida’s Heartland Regional Economic Development Initiative, Inc. (the South Central
Rural Area of Opportunity), consisting of DeSoto, Glades, Hardee, Hendry, Highlands, and
Okeechobee counties, and the cities of Pahokee, Belle Glade, and South Bay (Palm Beach
County), and Immokalee (Collier County).
III. Effect of Proposed Changes:
Section 1 amends s. 403.064, F.S., which regulates the reuse of reclaimed water. The bill
provides that a domestic wastewater facility with an approved plan may submit a request to the
DEP to amend the plan to incorporate a reclaimed water project identified in an Outstanding
Florida Springs recovery or prevention strategy. The DEP must approve the request within 60
days after receipt of the request if all the following conditions are met:
• The identified use of reclaimed water will benefit a rural area of opportunity.
• The project will provide at least 35 million gallons per day of reclaimed water to benefit an
Outstanding Florida Spring.
• The project involves more than one domestic wastewater treatment facility.
• The project implementation and surface water discharge elimination schedule meets the
minimum flows and minimum water levels requirements for Outstanding Florida Springs.
Section 2 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
37
Section 403.064(16)(d), F.S. BILL: SB 1228 Page 8
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:
Indeterminate.
C. Government Sector Impact:
Indeterminate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 403.064 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. BILL: SB 1228 Page 9
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.