Bill Amendment: FL S1386 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Environmental Protection
Status: 2024-03-05 - Laid on Table, refer to CS/CS/HB 1557 [S1386 Detail]
Download: Florida-2024-S1386-Senate_Committee_Amendment_306560.html
Bill Title: Department of Environmental Protection
Status: 2024-03-05 - Laid on Table, refer to CS/CS/HB 1557 [S1386 Detail]
Download: Florida-2024-S1386-Senate_Committee_Amendment_306560.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1386 Ì306560ÇÎ306560 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Agriculture, Environment, and General Government (Calatayud) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (a) of subsection (3) of section 6 253.04, Florida Statutes, is amended to read: 7 253.04 Duty of board to protect, etc., state lands; state 8 may join in any action brought.— 9 (3)(a) The duty to conserve and improve state-owned lands 10 and the products thereof includesshall includethe preservation 11 and regeneration of seagrass, which is deemed essential to the 12 oceans, gulfs, estuaries, and shorelines of the state. A person 13 operating a vessel outside a lawfully marked channel in a 14 careless manner that causes seagrass scarring within an aquatic 15 preserve established in ss. 258.39-258.3991ss. 258.39-258.399, 16 with the exception of the Lake Jackson, Oklawaha River, Wekiva 17 River, and Rainbow Springs aquatic preserves, commits a 18 noncriminal infraction, punishable as provided in s. 327.73. 19 Each violation is a separate offense. As used in this 20 subsection, the term: 21 1. “Seagrass” means Cuban shoal grass (Halodule wrightii), 22 turtle grass (Thalassia testudinum), manatee grass (Syringodium 23 filiforme), star grass (Halophila engelmannii), paddle grass 24 (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii), 25 or widgeon grass (Ruppia maritima). 26 2. “Seagrass scarring” means destruction of seagrass roots, 27 shoots, or stems that results in tracks on the substrate 28 commonly referred to as prop scars or propeller scars caused by 29 the operation of a motorized vessel in waters supporting 30 seagrasses. 31 Section 2. Subsection (33) is added to section 258.39, 32 Florida Statutes, to read: 33 258.39 Boundaries of preserves.—The submerged lands 34 included within the boundaries of Nassau, Duval, St. Johns, 35 Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte, 36 Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee, 37 Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa, 38 Hernando, and Escambia Counties, as hereinafter described, with 39 the exception of privately held submerged lands lying landward 40 of established bulkheads and of privately held submerged lands 41 within Monroe County where the establishment of bulkhead lines 42 is not required, are hereby declared to be aquatic preserves. 43 Such aquatic preserve areas include: 44 (33) Kristin Jacobs Coral Reef Ecosystem Conservation Area, 45 as designated by chapter 2021-107, Laws of Florida, the 46 boundaries of which consist of the sovereignty submerged lands 47 and waters of the state offshore of Broward, Martin, Miami-Dade, 48 and Palm Beach Counties from the St. Lucie Inlet to the northern 49 boundary of the Biscayne National Park. 50 51 Any and all submerged lands theretofore conveyed by the Trustees 52 of the Internal Improvement Trust Fund and any and all uplands 53 now in private ownership are specifically exempted from this 54 dedication. 55 Section 3. Subsection (9) is added to section 373.250, 56 Florida Statutes, to read: 57 373.250 Reuse of reclaimed water.— 58 (9) To promote the use of reclaimed water and encourage 59 quantifiable potable water offsets that produce significant 60 water savings beyond those required in a consumptive use permit, 61 each water management district, in coordination with the 62 department, shall develop rules by December 31, 2025, which 63 provide all of the following: 64 (a) If an applicant proposes a water supply development or 65 water resource development project using reclaimed water that 66 meets the advanced waste treatment standards for total nitrogen 67 and total phosphorous as defined in s. 403.086(4)(a), as part of 68 an application for consumptive use, the applicant is eligible 69 for a permit duration of up to 30 years if there is sufficient 70 data to provide reasonable assurance that the conditions for 71 permit issuance will be met for the duration of the permit. 72 Rules developed pursuant to this paragraph must include, at a 73 minimum: 74 1. A requirement that the permittee demonstrate how 75 quantifiable groundwater or surface water savings associated 76 with the new water supply development or water resource 77 development project either meets water demands beyond a 20-year 78 permit duration or is completed to benefit a waterbody with a 79 minimum flow or minimum water level with a recovery or 80 prevention strategy; and 81 2. Guidelines for a district to follow in determining the 82 permit duration based on the project’s implementation. 83 84 This paragraph does not limit the existing authority of a water 85 management district to issue a shorter duration permit to 86 protect from harm the water resources or ecology of the area, or 87 to otherwise ensure compliance with the conditions for permit 88 issuance. 89 (b) Authorization for a consumptive use permittee to seek a 90 permit extension of up to 10 years if the permittee proposes a 91 water supply development or water resource development project 92 using reclaimed water that meets the advanced waste treatment 93 standards for total nitrogen and total phosphorous as defined in 94 s. 403.086(4)(a) during the term of its permit which results in 95 the reduction of groundwater or surface water withdrawals or is 96 completed to benefit a waterbody with a minimum flow or minimum 97 water level with a recovery or prevention strategy. Rules 98 associated with this paragraph must include, at a minimum: 99 1. A requirement that the permittee be in compliance with 100 the permittee’s consumptive use permit; 101 2. A requirement that the permittee demonstrate how the 102 quantifiable groundwater or surface water savings associated 103 with the new water supply development or water resource 104 development project either meets water demands beyond the issued 105 permit duration or benefits a waterbody with a minimum flow or 106 minimum water level with a recovery or prevention strategy; 107 3. A requirement that the permittee demonstrate a water 108 demand for the permit’s allocation through the term of the 109 extension; and 110 4. Guidelines for a district to follow in determining the 111 number of years extended, including a minimum year requirement, 112 based on the project implementation. 113 114 This paragraph does not limit the existing authority of a water 115 management district to protect from harm the water resources or 116 ecology of the area, or to otherwise ensure compliance with the 117 conditions for permit issuance. 118 Section 4. Present paragraphs (c) and (d) of subsection (2) 119 of section 380.093, Florida Statutes, are redesignated as 120 paragraphs (d) and (e), respectively, a new paragraph (c) is 121 added to that subsection, and present paragraph (c) of 122 subsection (2), paragraphs (b), (c), and (d) of subsection (3), 123 and subsections (4), (5), and (6) of that section are amended, 124 to read: 125 380.093 Resilient Florida Grant Program; comprehensive 126 statewide flood vulnerability and sea level rise data set and 127 assessment; Statewide Flooding and Sea Level Rise Resilience 128 Plan; regional resilience entities.— 129 (2) DEFINITIONS.—As used in this section, the term: 130 (c) “Florida Flood Hub” means the Florida Flood Hub for 131 Applied Research and Innovation established pursuant to s. 132 380.0933. 133 (d)(c)“Preconstruction activities” means activities 134 associated with a project that addresses the risks of flooding 135 and sea level rise that occur before construction begins, 136 including, but not limited to, design of the project, permitting 137 for the project, surveys and data collection, site development, 138 solicitation, public hearings, local code or comprehensive plan 139 amendments, establishing local funding sources, and easement 140 acquisition. 141 (3) RESILIENT FLORIDA GRANT PROGRAM.— 142 (b) Subject to appropriation, the department may provide 143 grants to each of the following entities: 144 1. A county or municipality to fund: 145 a. The costs of community resilience planning and necessary 146 data collection for such planning, including comprehensive plan 147 amendments and necessary corresponding analyses that address the 148 requirements of s. 163.3178(2)(f). 149 b. Vulnerability assessments that identify or address risks 150 of inland or coastal flooding and sea level rise. 151 c. Updates to the county’s or municipality’s inventory of 152 critical assets, including regionally significant assets that 153 are currently or reasonably expected to be impacted by flooding 154 and sea level rise. The updated inventory must be submitted to 155 the department and, at the time of submission, must reflect all 156 such assets that are currently, or within 50 years may 157 reasonably be expected to be, impacted by flooding and sea level 158 rise. 159 d. The development of projects, plans, strategies, and 160 policies that enhance community preparationsallow communities161to preparefor threats from flooding and sea level rise, 162 including adaptation plans that help local governments 163 prioritize project development and implementation across one or 164 more jurisdictions in a manner consistent with departmental 165 guidance. 166 e.d.Preconstruction activities for projects to be 167 submitted for inclusion in the Statewide Flooding and Sea Level 168 Rise Resilience Plan. Only a county or municipality eligible for 169 a reduced cost share as defined in paragraph (5)(e) is eligible 170 for such preconstruction activitiesthatare located in a171municipality that has a population of 10,000 or fewer or a172county that has a population of 50,000 or fewer, according to173the most recent April 1 population estimates posted on the174Office of Economic and Demographic Research’s website. 175 f.e.Feasibility studiesand the cost of permittingfor 176 nature-based solutions that reduce the impact of flooding and 177 sea level rise. 178 g. The cost of permitting for projects designed to achieve 179 reductions in the risks or impacts of flooding and sea level 180 rise using nature-based solutions. 181 2. A water management district identified in s. 373.069 to 182 support local government adaptation planning, which may be 183 conducted by the water management district or by a third party 184 on behalf of the water management district. Such grants must be 185 used for the express purpose of supporting the Florida Flood Hub 186for Applied Research and Innovationand the department in 187 implementing this section through data creation and collection, 188 modeling, and the implementation of statewide standards. 189 Priority must be given to filling critical data gaps identified 190 by the Florida Flood Hubfor Applied Research and Innovation191 under s. 380.0933(2)(a). 192 (c) A vulnerability assessment conducted pursuant to 193 paragraph (b) must encompass the entire county or municipality; 194 include all critical assets owned or maintained by the grant 195 applicant; and use the most recent publicly available Digital 196 Elevation Model and generally accepted analysis and modeling 197 techniques. An assessment may encompass a smaller geographic 198 area or include only a portion of the critical assets owned or 199 maintained by the grant applicant with appropriate rationale and 200 upon approval by the department. Locally collected elevation 201 data may also be included as part of the assessment as long as 202 it is submitted to the department pursuant to this paragraph. 203 1. The assessment must include an analysis of the 204 vulnerability of and risks to critical assets, including 205 regionally significant assets, owned or managed by the county or 206 municipality. 207 2. Upon completion of a vulnerability assessment, the 208 county or municipality shall submit to the department all of the 209 following: 210 a. A report detailing the findings of the assessment. 211 b. All electronic mapping data used to illustrate flooding 212 and sea level rise impacts identified in the assessment. When 213 submitting such data, the county or municipality shall include: 214 (I) Geospatial data in an electronic file format suitable 215 for input to the department’s mapping tool. 216 (II) Geographic information system (GIS) data that has been 217 projected into the appropriate Florida State Plane Coordinate 218 System and that is suitable for the department’s mapping tool. 219 The county or municipality must also submit metadata using 220 standards prescribed by the department. 221 c. An inventoryA listof critical assets, including 222 regionally significant assets, that are currently, or within 50 223 years are reasonably expected to be, impacted by flooding and 224 sea level rise. 225 (d) A vulnerability assessment conducted pursuant to 226 paragraph (b) must doincludeall of the following: 227 1. Include peril of flood comprehensive plan amendments 228 that address the requirements of s. 163.3178(2)(f), if the 229 county or municipality is subject to such requirements and has 230 not complied with such requirements as determined by the 231 Department of CommerceEconomic Opportunity. 232 2. Make use of the best available information through the 233 Florida Flood Hub as certified by the Chief Science Officer, in 234 consultation with the Chief Resilience Officer, including, asIf235 applicable, analyzing impacts related to the depth of: 236 a. Tidal flooding, including future high tide flooding, 237 which must use thresholds published and provided by the 238 department. To the extent practicable, the analysis should also 239 geographically display the number of tidal flood days expected 240 for each scenario and planning horizon. 241 b. Current and future storm surge floodingusing publicly242available National Oceanic and Atmospheric Administration or243Federal Emergency Management Agency storm surge data. The 244 initial storm surge event used must equal or exceed the current 245 100-year flood event. Higher frequency storm events may be 246 analyzed to understand the exposure of a critical asset or 247 regionally significant asset. Publicly available National 248 Oceanic and Atmospheric Administration (NOAA) or Federal 249 Emergency Management Agency storm surge data may be used in the 250 absence of applicable data from the Florida Flood Hub. 251 c. To the extent practicable, rainfall-induced flooding 252 using a GIS-based spatiotemporal analysis or existing hydrologic 253 and hydraulic modeling results. Future boundary conditions 254 should be modified to consider sea level rise and high tide 255 conditions. Vulnerability assessments for rainfall-induced 256 flooding must include the depth of rainfall-induced flooding for 257 a 100-year storm and a 500-year storm, as defined by the 258 applicable water management district or, if necessary, the 259 appropriate federal agency. Future rainfall conditions should be 260 used, if available. Noncoastal communities must perform a 261 rainfall-induced flooding assessment. 262 d. To the extent practicable, compound flooding or the 263 combination of tidal, storm surge, and rainfall-induced 264 flooding. 265 3. Apply the following scenarios and standards: 266 a. All analyses in the North American Vertical Datum of 267 1988. 268 b. For a vulnerability assessment initiated after July 1, 269 2024, at a minimumleast two local sea level rise scenarios, 270which must includethe 2022 NOAA2017National Oceanic and271Atmospheric Administrationintermediate-low and intermediate 272intermediate-highsea level rise scenarios or the statewide sea 273 level rise projections developed pursuant to paragraph (4)(a) 274projections. 275 c. At least two planning horizons identified in the 276 following table which correspond with the appropriate 277 comprehensive statewide flood vulnerability and sea level rise 278 assessment for which the department, at the time of award, 279 determines such local vulnerability assessment will be 280 incorporated: 281 282 Year of assessment 20-year planning horizon50-year planning horizon 283 2024 2040 2070 284 2029 2050 2080 285 2034 2055 2085 286 2039 2060 2090 287 2044 2065 2095 288 2049 2070 2100 289 290that include planning horizonsfor the years 2040 and 2070.291 d. Local sea level data maintained by the Florida Flood Hub 292 which reflect the best available scientific information as 293 certified by the Chief Science Officer, in consultation with the 294 Chief Resilience Officer. If such data is not available, local 295 sea level data may bethat has beeninterpolated between the two 296 closest NOAANational Oceanic and Atmospheric Administration297 tide gauges; however, such.Local sea leveldata may be taken 298 from only one of the two closest NOAA tide gaugessuchgaugeif 299 the gauge has a higher mean sea level or may be. Datataken from 300 an alternate tide gaugemay be usedwith appropriate rationale 301 and department approval, as long as it is publicly available or 302 submitted to the department pursuant to paragraph (b). 303 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA 304 LEVEL RISE DATA SET AND ASSESSMENT.— 305 (a)By July 1, 2023,The department shall develop and 306 maintaincomplete the development ofa comprehensive statewide 307 flood vulnerability and sea level rise data set sufficient to 308 conduct a comprehensive statewide flood vulnerability and sea 309 level rise assessment. In developing and maintaining the data 310 set, the department shall, in coordination with the Chief 311 Resilience Officer and the Florida Flood Hubfor Applied312Research and Innovation, compile, analyze, and incorporate, as 313 appropriate, information related to vulnerability assessments 314 and critical asset inventories submitted to the department 315 pursuant to subsection (3) or any previously completed 316 assessments that meet the requirements of subsection (3). 317 1. The Chief Science Officer shall, in coordination with 318 the Chief Resilience Officer and the Florida Flood Hubnecessary319experts and resources, develop statewide sea level rise 320 projections that incorporate temporal and spatial variability, 321 to the extent practicable, for inclusion in the data set. This 322 subparagraph does not supersede regionally adopted projections. 323 2. The data set must include information necessary to 324 determine the risks to inland and coastal communities, 325 including, but not limited to, elevation, tidal levels, and 326 precipitation. 327 (b)By July 1, 2024,The department, in coordination with 328 the Chief Resilience Officer and the Florida Flood Hub, shall 329 complete a comprehensive statewide flood vulnerability and sea 330 level rise assessment that identifies inland and coastal 331 infrastructure, geographic areas, and communities in thisthe332 state whichthatare vulnerable to flooding and sea level rise 333 and the associated risks. 334 1. The department shall use the comprehensive statewide 335 flood vulnerability and sea level rise data set to conduct the 336 assessment. 337 2. The assessment must incorporate local and regional 338 analyses of vulnerabilities and risks, including, as 339 appropriate, local mitigation strategies and postdisaster 340 redevelopment plans. 341 3. The assessment must include an inventory of critical 342 assets, including regionally significant assets, that are 343 essential for critical government and business functions, 344 national security, public health and safety, the economy, flood 345 and storm protection, water quality management, and wildlife 346 habitat management, and must identify and analyze the 347 vulnerability of and risks to such critical assets. When 348 identifying critical assets for inclusion in the assessment, the 349 department shall also take into consideration the critical 350 assets identified by local governments and submitted to the 351 department pursuant to subsection (3). 352 4. The assessment must include the 20-year and 50-year 353 projected sea level rise at each active NOAA tidal gauge off the 354 coast of this state as derived from the statewide sea level rise 355 projections developed pursuant to paragraph (a). 356 (c) The department, in coordination with the Chief 357 Resilience Officer and the Florida Flood Hub, shall update the 358 comprehensive statewide flood vulnerability and sea level rise 359 data set with the best available information each year and shall 360 update the assessment at least every 5 years.The department may361update the data set and assessment more frequently if it362determines that updates are necessary to maintain the validity363of the data set and assessment.364 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.— 365 (a) By December 1 of, 2021, andeach yearDecember 1366thereafter, the department shall develop a Statewide Flooding 367 and Sea Level Rise Resilience Plan on a 3-year planning horizon 368 and submit it to the Governor, the President of the Senate, and 369 the Speaker of the House of Representatives. The plan must 370 consist of ranked projects that address risks of flooding and 371 sea level rise to coastal and inland communities in the state. 372 All eligible projects submitted to the department pursuant to 373 this section must be ranked and included in the plan. Each plan 374 must include a detailed narrative overview describing how the 375 plan was developed, including a description of the methodology 376 used by the department to determine project eligibility, a 377 description of the methodology used to rank projects, the 378 specific scoring system used, the project proposal application 379 form, a copy of each submitted project proposal application form 380 separated by eligible projects and ineligible projects, the 381 total number of project proposals received and deemed eligible, 382 the total funding requested, and the total funding requested for 383 eligible projects. 384 (b)The plan submitted by December 1, 2021, before the385comprehensive statewide flood vulnerability and sea level rise386assessment is completed, will be a preliminary plan that387includes projects that address risks of flooding and sea level388rise identified in available local government vulnerability389assessments and projects submitted by water management districts390that mitigate the risks of flooding or sea level rise on water391supplies or water resources of the state. The plan submitted by392December 1, 2022, and the plan submitted by December 1, 2023,393will be updates to the preliminary plan.The plan submitted by 394 December 1, 2024, and each plan submitted by December 1 395 thereafter:,396 1. Shall primarily address risks of flooding and sea level 397 rise identified in the comprehensive statewide flood 398 vulnerability and sea level rise assessment; and 399 2. May include, at the discretion of the department in 400 consultation with the Chief Resilience Officer, other projects 401 submitted pursuant to paragraph (d) which address risks of 402 flooding and sea level rise to critical assets not yet 403 identified in the comprehensive statewide flood vulnerability 404 and sea level rise assessment. 405 (c) Each plan submitted by the department pursuant to this 406 subsection must include all of the following information for 407 each recommended project: 408 1. A description of the project. 409 2. The location of the project. 410 3. An estimate of how long the project will take to 411 complete. 412 4. An estimate of the cost of the project. 413 5. The cost-share percentage available for the project. 414 6. A summary of the priority score assigned to the project. 415 7. The project sponsor. 416 (d)1. By September 1 of,2021, andeach yearSeptember 1417thereafter, all of the following entities may submit to the 418 department a list of proposed projects that address risks of 419 flooding or sea level rise identified in the comprehensive 420 statewide flood vulnerability and sea level rise assessment or 421 vulnerability assessments that meet the requirements of 422 subsection (3): 423 a. Counties. 424 b. Municipalities. 425 c. Special districts as defined in s. 189.012 whichthat426 are responsible for the management and maintenance of inlets and 427 intracoastal waterways or for the operation and maintenance of a 428 potable water facility, a wastewater facility, an airport, or a 429 seaport facility. 430 d. Regional resilience entities acting on behalf of one or 431 more member counties or municipalities. 432 433 For the plans submitted by December 1, 2024, such entities may 434 submit projects identified in existing vulnerability assessments 435 that do not comply with subsection (3) only if the entity is 436 actively developing a vulnerability assessment that is either 437 under a signed grant agreement with the department pursuant to 438 subsection (3) or funded by another state or federal agency, or 439 is self-funded and intended to meet the requirements of 440 paragraph (3)(d) or the existing vulnerability assessment was 441 completed using previously compliant statutory requirements. 442 Projects identified from this category of vulnerability 443 assessments are eligible for submittal until the prior 444 vulnerability assessment has been updated to meet most recent 445 statutory requirements2021; December 1, 2022; and December 1,4462023, such entities may submit projects identified in existing447vulnerability assessments that do not comply with subsection448(3). A regional resilience entity may also submit proposed449projects to the department pursuant to this subparagraph on450behalf of one or more member counties or municipalities. 451 2. By September 1 of, 2021, andeach yearSeptember 1452thereafter, all of the following entities may submit to the 453 department a list of any proposed projects that address risks of 454 flooding or sea level rise identified in the comprehensive 455 statewide flood vulnerability and sea level rise assessment or 456 vulnerability assessments that meet the requirements of 457 subsection (3), or that mitigate the risks of flooding or sea 458 level rise on water supplies or water resources of the state and 459 a corresponding evaluation of each project: 460 a. Water management districts. 461 b. Drainage districts. 462 c. Erosion control districts. 463 d. Flood control districts. 464 e. Regional water supply authorities. 465 3. Each project submitted to the department pursuant to 466 this paragraph for consideration by the department for inclusion 467 in the plan must include all of the following information: 468 a. A description of the project. 469 b. The location of the project. 470 c. An estimate of how long the project will take to 471 complete. 472 d. An estimate of the cost of the project. 473 e. The cost-share percentage available for the project. 474 f. The project sponsor. 475 (e) Each project included in the plan must have a minimum 476 50 percent cost share unless the project assists or is within a 477financially disadvantaged smallcommunity eligible for a reduced 478 cost share. For purposes of this section, the term “community 479 eligible for a reduced cost share”“financially disadvantaged480small community”means: 481 1. A municipality that has a population of 10,000 or fewer, 482 according to the most recent April 1 population estimates posted 483 on the Office of Economic and Demographic Research’s website, 484 and a per capita annual income that is less than the state’s per 485 capita annual income as shown in the most recent release from 486 the Bureau of the Census of the United States Department of 487 Commerce that includes both measurements;or488 2. A county that has a population of 50,000 or fewer, 489 according to the most recent April 1 population estimates posted 490 on the Office of Economic and Demographic Research’s website, 491 and a per capita annual income that is less than the state’s per 492 capita annual income as shown in the most recent release from 493 the Bureau of the Census of the United States Department of 494 Commerce that includes both measurements; or 495 3. A municipality or a county with a per capita annual 496 income that is equal to or less than 75 percent of the state’s 497 per capita annual income as shown in the most recent release 498 from the Bureau of the Census of the United States Department of 499 Commerce. 500 (f)To be eligible for inclusion in the plan, a project501must have been submitted pursuant to paragraph (d) or must have502been identified in the comprehensive statewide flood503vulnerability and sea level rise assessment, as applicable.504(g)Expenses ineligible for inclusion in the plan include, 505 but are not limited to, expenses associated with any of the 506 following: 507 1. Aesthetic vegetation. 508 2. Recreational structures such as piers, docks, and 509 boardwalks. 510 3. Water quality components of stormwater and wastewater 511 management systems, except for expenses to mitigate water 512 quality impacts caused by the project or expenses related to 513 water quality which are necessary to obtain a permit for the 514 project. 515 4. Maintenance and repair of over-walks. 516 5. Park activities and facilities, except expenses to 517 control flooding or erosion. 518 6. Navigation construction, operation, and maintenance 519 activities. 520 7. Projects that provide only recreational benefits. 521 (g)(h)The department shall implement a scoring system for 522 assessing each project eligible for inclusion in the plan 523 pursuant to this subsection. The scoring system must include the 524 following tiers and associated criteria: 525 1. Tier 1 must account for 40 percent of the total score 526 and consist of all of the following criteria: 527 a. The degree to which the project addresses the risks 528 posed by flooding and sea level rise identified in the local 529 government vulnerability assessments or the comprehensive 530 statewide flood vulnerability and sea level rise assessment, as 531 applicable. 532 b. The degree to which the project addresses risks to 533 regionally significant assets. 534 c. The degree to which the project reduces risks to areas 535 with an overall higher percentage of vulnerable critical assets. 536 d. The degree to which the project contributes to existing 537 flooding mitigation projects that reduce upland damage costs by 538 incorporating new or enhanced structures or restoration and 539 revegetation projects. 540 2. Tier 2 must account for 30 percent of the total score 541 and consist of all of the following criteria: 542 a. The degree to which flooding and erosion currently 543 affect the condition of the project area. 544 b. The overall readiness of the project to proceed in a 545 timely manner, considering the project’s readiness for the 546 construction phase of development, the status of required 547 permits, the status of any needed easement acquisition, and the 548 availability of local funding sources. 549 c. The environmental habitat enhancement or inclusion of 550 nature-based options for resilience, with priority given to 551 state or federal critical habitat areas for threatened or 552 endangered species. 553 d. The cost-effectiveness of the project. 554 3. Tier 3 must account for 20 percent of the total score 555 and consist of all of the following criteria: 556 a. The availability of local, state, and federal matching 557 funds, considering the status of the funding award, and federal 558 authorization, if applicable. 559 b. Previous state commitment and involvement in the 560 project, considering previously funded phases, the total amount 561 of previous state funding, and previous partial appropriations 562 for the proposed project. 563 c. The exceedance of the flood-resistant construction 564 requirements of the Florida Building Code and applicable flood 565 plain management regulations. 566 4. Tier 4 must account for 10 percent of the total score 567 and consist of all of the following criteria: 568 a. The proposed innovative technologies designed to reduce 569 project costs and provide regional collaboration. 570 b. The extent to which the project assists financially 571 disadvantaged communities. 572 (h)(i)The total amount of funding proposed for each year 573 of the plan may not be less than $100 million. Upon review and 574 subject to appropriation, the Legislature shall approve funding 575 for the projects as specified in the plan. Multiyear projects 576 that receive funding for the first year of the project must be 577 included in subsequent plans and funded until the project is 578 complete, provided that the project sponsor has complied with 579 all contractual obligations and funds are available. 580 (i)(j)The department shall adopt rulesinitiate rulemaking581by August 1, 2021,to implement this section. 582 (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific 583 legislative appropriation, the department may provide funding 584 for all of the following purposes to regional entities, 585 including regional planning councils and estuary partnerships, 586 that are established by general purpose local governments and 587 whose responsibilities include planning for the resilience needs 588 of communities and coordinating intergovernmental solutions to 589 mitigate adverse impacts of flooding and sea level rise: 590 (a) Providing technical assistance to counties and 591 municipalities. 592 (b) Coordinating and conducting activities authorized by 593 subsection (3) with broad regional benefit or on behalf of 594 multiple member counties and municipalitiesmultijurisdictional595vulnerability assessments. 596 (c) Developing project proposals to be submitted for 597 inclusion in the Statewide Flooding and Sea Level Rise 598 Resilience Plan. 599 Section 5. Subsection (1) of section 381.0061, Florida 600 Statutes, is amended to read: 601 381.0061 Administrative fines.— 602 (1) In addition to any administrative action authorized by 603 chapter 120 or by other law, the department may impose a fine, 604 which may not exceed $500 for each violation, for a violation of 605 s. 381.006(15) or, s. 381.0065, s. 381.0066,s. 381.0072,or606part III of chapter 489,for a violation of any rule adopted by 607 the department under this chapter, or for a violation of chapter 608 386 not involving onsite sewage treatment and disposal systems. 609 The department shall give an alleged violator a notice of intent 610 to impose such fineshall be given by the department to the611alleged violator. Each day that a violation continues may 612 constitute a separate violation. 613 Section 6. The Legislature intends that the transfer of the 614 regulation of the Onsite Sewage Program from the Department of 615 Health to the Department of Environmental Protection, as 616 required by the Clean Waterways Act, chapter 2020-150, Laws of 617 Florida, be completed in a phased approach. 618 (1) Before the phased transfer, the Department of 619 Environmental Protection shall coordinate with the Department of 620 Health to identify equipment and vehicles that were previously 621 used to carry out the program in each county and that are no 622 longer needed for such purpose. The Department of Health shall 623 transfer the agreed-upon equipment and vehicles to the 624 Department of Environmental Protection, to the extent that each 625 county agrees to relinquish ownership of such equipment and 626 vehicles to the Department of Health. 627 (2) When the Department of Environmental Protection begins 628 implementing the program within a county, the Department of 629 Health may no longer implement or collect fees for the program 630 unless specified by separate delegation or contract with the 631 Department of Environmental Protection. 632 Section 7. Paragraph (h) of subsection (3) and subsections 633 (5) and (7) of section 381.0065, Florida Statutes, are amended, 634 paragraph (o) is added to subsection (3) of that section, and 635 subsection (9) is added to that section, to read: 636 381.0065 Onsite sewage treatment and disposal systems; 637 regulation.— 638 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL 639 PROTECTION.—The department shall: 640 (h) Conduct enforcement activities in accordance with part 641 I of chapter 403,including imposing fines, issuing citations,642suspensions, revocations, injunctions, and emergency ordersfor 643 violations of this section, part I of chapter 386, or part III 644 of chapter 489 or for a violation of any rule adopted by the 645 department under this section, part I of chapter 386, or part 646 III of chapter 489. All references to part I of chapter 386 in 647 this section relate solely to nuisances involving improperly 648 built or maintained septic tanks or other onsite sewage 649 treatment and disposal systems, and untreated or improperly 650 treated or transported waste from onsite sewage treatment and 651 disposal systems. The department shall have all the duties and 652 authorities of the Department of Health in part I of chapter 386 653 for nuisances involving onsite sewage treatment and disposal 654 systems. The department’s authority under part I of chapter 386 655 is in addition to and may be pursued independently of or 656 simultaneously with the enforcement remedies provided under this 657 section and chapter 403. 658 (o) Adopt rules establishing and implementing a program of 659 general permits for this section for projects, or categories of 660 projects, which have, individually or cumulatively, a minimal 661 adverse impact on public health or the environment. Such rules 662 must: 663 1. Specify design or performance criteria which, if 664 applied, would result in compliance with appropriate standards; 665 and 666 2. Authorize a person who complies with the general permit 667 eligibility requirements to use the permit 30 days after giving 668 notice to the department without any agency action by the 669 department. Within the 30-day notice period, the department 670 shall determine whether the activity qualifies for a general 671 permit. If the activity does not qualify or the notice does not 672 contain all the required information, the department must notify 673 the person. 674 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.— 675 (a) Department personnel who have reason to believe 676 noncompliance exists, may at any reasonable time, enter the 677 premises permitted under ss. 381.0065-381.0066, or the business 678 premises of any septic tank contractor or master septic tank 679 contractor registered under part III of chapter 489, or any 680 premises that the department has reason to believe is being 681 operated or maintained not in compliance, to determine 682 compliance with the provisions of this section, part I of 683 chapter 386, or part III of chapter 489 or rules or standards 684 adopted under ss. 381.0065-381.0067, part I of chapter 386, or 685 part III of chapter 489. As used in this paragraph, the term 686 “premises” does not include a residence or private building. To 687 gain entry to a residence or private building, the department 688 must obtain permission from the owner or occupant or secure an 689 inspection warrant from a court of competent jurisdiction 690 pursuant to the procedures of s. 403.091. 691 (b)1.The department has all of the judicial and 692 administrative remedies available to it pursuant to part I of 693 chapter 403may issue citations that may contain an order of694correction or an order to pay a fine, or both,for violations of 695 ss. 381.0065-381.0067, part I of chapter 386, or part III of 696 chapter 489 or the rules adopted by the department, when a697violation of these sections or rules is enforceable by an698administrative or civil remedy, or when a violation of these699sections or rules is a misdemeanor of the second degree.A700citation issued under ss. 381.0065-381.0067, part I of chapter701386, or part III of chapter 489 constitutes a notice of proposed702agency action. 7032. A citation must be in writing and must describe the704particular nature of the violation, including specific reference705to the provisions of law or rule allegedly violated.7063. The fines imposed by a citation issued by the department707may not exceed $500 for each violation. Each day the violation708exists constitutes a separate violation for which a citation may709be issued.7104. The department shall inform the recipient, by written711notice pursuant to ss. 120.569 and 120.57, of the right to an712administrative hearing to contest the citation within 21 days713after the date the citation is received. The citation must714contain a conspicuous statement that if the recipient fails to715pay the fine within the time allowed, or fails to appear to716contest the citation after having requested a hearing, the717recipient has waived the recipient’s right to contest the718citation and must pay an amount up to the maximum fine.7195. The department may reduce or waive the fine imposed by720the citation. In determining whether to reduce or waive the721fine, the department must consider the gravity of the violation,722the person’s attempts at correcting the violation, and the723person’s history of previous violations including violations for724which enforcement actions were taken under ss. 381.0065725381.0067, part I of chapter 386, part III of chapter 489, or726other provisions of law or rule.7276. Any person who willfully refuses to sign and accept a728citation issued by the department commits a misdemeanor of the729second degree, punishable as provided in s. 775.082 or s.730775.083.7317.The department, pursuant to ss. 381.0065-381.0067, part 732 I of chapter 386, or part III of chapter 489, shall deposit any 733 damages, costs, or penaltiesfinesit collects pursuant to this 734 section and part I of chapter 403 in the Water Quality Assurance 735 Trust Fundcounty health department trust fund for use in736providing services specified in those sections. 7378. This section provides an alternative means of enforcing738ss. 381.0065-381.0067, part I of chapter 386, and part III of739chapter 489. This section does not prohibit the department from740enforcing ss. 381.0065-381.0067, part I of chapter 386, or part741III of chapter 489, or its rules, by any other means. However,742the department must elect to use only a single method of743enforcement for each violation.744 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE 745 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a 746 total maximum daily load, the department shall implement a fast 747 track approval process of no longer than 6 months for the 748 determination of the use of American National Standards 749 Institute 245 systems approved by NSF International before July 750 1, 2020. The department shall also establish an enhanced 751 nutrient-reducing onsite sewage treatment and disposal system 752 approval program that will expeditiously evaluate and approve 753 such systems for use in this state to comply with ss. 754 403.067(7)(a)10. and 373.469(3)(d). 755 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may 756 contract with or delegate its powers and duties under this 757 section to a county as provided in s. 403.061 or s. 403.182. 758 Section 8. Subsection (2) of section 381.0066, Florida 759 Statutes, is amended to read: 760 381.0066 Onsite sewage treatment and disposal systems; 761 fees.— 762 (2) The minimum fees in the following fee schedule apply 763 until changed by rule by the department within the following 764 limits: 765 (a) Application review, permit issuance, or system 766 inspection, when performed by the department or a private 767 provider inspector, including repair of a subsurface, mound, 768 filled, or other alternative system or permitting of an 769 abandoned system: a fee of not less than $25, or more than $125. 770 (b) Site evaluation, site reevaluation, evaluation of a 771 system previously in use, or a per annum septage disposal site 772 evaluation: a fee of not less than $40, or more than $115. 773 (c) Biennial operating permit for aerobic treatment units 774 or performance-based treatment systems: a fee of not more than 775 $100. 776 (d) Annual operating permit for systems located in areas 777 zoned for industrial manufacturing or equivalent uses or where 778 the system is expected to receive wastewater which is not 779 domestic in nature: a fee of not less than $150, or more than 780 $300. 781 (e) Innovative technology: a fee not to exceed $25,000. 782 (f) Septage disposal service, septage stabilization 783 facility, portable or temporary toilet service, tank 784 manufacturer inspection: a fee of not less than $25, or more 785 than $200, per year. 786 (g) Application for variance: a fee of not less than $150, 787 or more than $300. 788 (h) Annual operating permit for waterless, incinerating, or 789 organic waste composting toilets: a fee of not less than $15, or 790 more than $30. 791 (i) Aerobic treatment unit or performance-based treatment 792 system maintenance entity permit: a fee of not less than $25, or 793 more than $150, per year. 794 (j) Reinspection fee per visit for site inspection after 795 system construction approval or for noncompliant system 796 installation per site visit: a fee of not less than $25, or more 797 than $100. 798 (k) Research: An additional $5 fee shall be added to each 799 new system construction permit issued to be used to fund onsite 800 sewage treatment and disposal system research, demonstration, 801 and training projects. Five dollars from any repair permit fee 802 collected under this section shall be used for funding the 803 hands-on training centers described in s. 381.0065(3)(j). 804 (l) Annual operating permit, including annual inspection 805 and any required sampling and laboratory analysis of effluent, 806 for an engineer-designed performance-based system: a fee of not 807 less than $150, or more than $300. 808 809 The funds collected pursuant to this subsection for the 810 implementation of onsite sewage treatment and disposal system 811 regulation and for the purposes of ss. 381.00655 and 381.0067, 812 subsequent to any phased transfer of implementation from the 813 Department of Health to the department within any county 814 pursuant to s. 381.0065, must be deposited in the Florida Permit 815 Fee Trust Fund under s. 403.0871, to be administered by the 816 departmenta trust fund administered by the department, to be817used for the purposes stated in this section and ss. 381.0065818and 381.00655. 819 Section 9. Subsection (4) of section 403.061, Florida 820 Statutes, is amended to read: 821 403.061 Department; powers and duties.—The department shall 822 have the power and the duty to control and prohibit pollution of 823 air and water in accordance with the law and rules adopted and 824 promulgated by it and, for this purpose, to: 825 (4) Secure necessary scientific, technical, research, 826 administrative, and operational services by interagency 827 agreement, by contract, or otherwise. All state agencies and 828 counties, upon direction of the department, shall make these 829 services and facilities available. 830 831 The department shall implement such programs in conjunction with 832 its other powers and duties and shall place special emphasis on 833 reducing and eliminating contamination that presents a threat to 834 humans, animals or plants, or to the environment. 835 Section 10. Subsections (1), (2), (14), and (15) of section 836 403.064, Florida Statutes, are amended to read: 837 403.064 Reuse of reclaimed water.— 838 (1) The encouragement and promotion of water conservation, 839 and reuse of reclaimed water, as defined by the department, are 840 state objectives and are considered to be in the public 841 interest. The Legislature finds that the reuse of reclaimed 842 water is a critical component of meeting the state’s existing 843 and future water supply needs while sustaining natural systems 844 and encouraging its best and most beneficial use. The 845 Legislature further finds that for those wastewater treatment 846 plants permitted and operated under an approved reuse program by 847 the department, the reclaimed water shall be considered 848 environmentally acceptable and not a threat to public health and 849 safety. The Legislature encourages the development of incentive 850 based programs for reuse implementation. 851 (2) All applicants for permits to construct or operate a 852 domestic wastewater treatment facilitylocated within, serving a853population located within, or discharging within a water854resource caution areashall prepare a reuse feasibility study as 855 part of their application for the permit. Reuse feasibility 856 studies mustshallbe prepared in accordance with department 857 guidelines adopted by rule and shall include, but are not 858 limited to: 859 (a) Evaluation of monetary costs and benefits for several 860 levels and types of reuse. 861 (b) Evaluation of the estimated water savings resulting 862 from different types ofifreuse, ifisimplemented. 863 (c) Evaluation of rates and fees necessary to implement 864 reuse. 865 (d) Evaluation of environmental and water resource benefits 866 associated with the different types of reuse. 867 (e) Evaluation of economic, environmental, and technical 868 constraints associated with the different types of reuse, 869 including any constraints caused by potential water quality 870 impacts. 871 (f) A schedule for implementation of reuse. The schedule 872 mustshallconsider phased implementation. 873 (14) After conducting a feasibility study under subsection 874 (2), a domestic wastewater treatment facilityfacilitiesthat 875 disposesdisposeof effluent by Class I deep well injection,as 876 defined in 40 C.F.R. s. 144.6(a), surface water discharge, land 877 application, or other method to dispose of effluent or a portion 878 thereof must implement reuse to the degree that reuse is 879 feasible, based upon the applicant’s reuse feasibility study, 880 with consideration given to direct ecological or public water 881 supply benefits afforded by any disposal. Applicable permits 882 issued by the department mustshallbe consistent with the 883 requirements of this subsection. 884 (a) This subsection does not limit the use of a Class I 885 deep well injection as defined in 40 C.F.R. s. 144.6(a), surface 886 water discharge, land application, or another method to dispose 887 of effluent or a portion thereof for backup use onlyfacility as888backup for a reclaimed water reuse system. 889 (b)This subsection applies only to domestic wastewater890treatment facilities located within, serving a population891located within, or discharging within a water resource caution892area.893(15) After conducting a feasibility study under subsection894(2), domestic wastewater treatment facilities that dispose of895effluent by surface water discharges or by land application896methods must implement reuse to the degree that reuse is897feasible, based upon the applicant’s reuse feasibility study.898 This subsection does not apply to surface water discharges or 899 land application systems which are currently categorized as 900 reuse under department rules.Applicable permits issued by the901department shall be consistent with the requirements of this902subsection.903(a) This subsection does not limit the use of a surface904water discharge or land application facility as backup for a905reclaimed water reuse system.906(b) This subsection applies only to domestic wastewater907treatment facilities located within, serving a population908located within, or discharging within a water resource caution909area.910 Section 11. Paragraph (a) of subsection (7) of section 911 403.067, Florida Statutes, is amended to read: 912 403.067 Establishment and implementation of total maximum 913 daily loads.— 914 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 915 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 916 (a) Basin management action plans.— 917 1. In developing and implementing the total maximum daily 918 load for a waterbody, the department, or the department in 919 conjunction with a water management district, may develop a 920 basin management action plan that addresses some or all of the 921 watersheds and basins tributary to the waterbody. Such plan must 922 integrate the appropriate management strategies available to the 923 state through existing water quality protection programs to 924 achieve the total maximum daily loads and may provide for phased 925 implementation of these management strategies to promote timely, 926 cost-effective actions as provided for in s. 403.151. The plan 927 must establish a schedule implementing the management 928 strategies, establish a basis for evaluating the plan’s 929 effectiveness, and identify feasible funding strategies for 930 implementing the plan’s management strategies. The management 931 strategies may include regional treatment systems or other 932 public works, when appropriate, and voluntary trading of water 933 quality credits to achieve the needed pollutant load reductions. 934 2. A basin management action plan must equitably allocate, 935 pursuant to paragraph (6)(b), pollutant reductions to individual 936 basins, as a whole to all basins, or to each identified point 937 source or category of nonpoint sources, as appropriate. For 938 nonpoint sources for which best management practices have been 939 adopted, the initial requirement specified by the plan must be 940 those practices developed pursuant to paragraph (c). When 941 appropriate, the plan may take into account the benefits of 942 pollutant load reduction achieved by point or nonpoint sources 943 that have implemented management strategies to reduce pollutant 944 loads, including best management practices, before the 945 development of the basin management action plan. The plan must 946 also identify the mechanisms that will address potential future 947 increases in pollutant loading. 948 3. The basin management action planning process is intended 949 to involve the broadest possible range of interested parties, 950 with the objective of encouraging the greatest amount of 951 cooperation and consensus possible. In developing a basin 952 management action plan, the department shall assure that key 953 stakeholders, including, but not limited to, applicable local 954 governments, water management districts, the Department of 955 Agriculture and Consumer Services, other appropriate state 956 agencies, local soil and water conservation districts, 957 environmental groups, regulated interests, and affected 958 pollution sources, are invited to participate in the process. 959 The department shall hold at least one public meeting in the 960 vicinity of the watershed or basin to discuss and receive 961 comments during the planning process and shall otherwise 962 encourage public participation to the greatest practicable 963 extent. Notice of the public meeting must be published in a 964 newspaper of general circulation in each county in which the 965 watershed or basin lies at least 5 days, but not more than 15 966 days, before the public meeting. A basin management action plan 967 does not supplant or otherwise alter any assessment made under 968 subsection (3) or subsection (4) or any calculation or initial 969 allocation. 970 4. Each new or revised basin management action plan must 971 include all of the following: 972 a. The appropriate management strategies available through 973 existing water quality protection programs to achieve total 974 maximum daily loads, which may provide for phased implementation 975 to promote timely, cost-effective actions as provided for in s. 976 403.151. 977 b. A description of best management practices adopted by 978 rule. 979 c. For the applicable 5-year implementation milestone, a 980 list of projects that will achieve the pollutant load reductions 981 needed to meet the total maximum daily load or the load 982 allocations established pursuant to subsection (6). Each project 983 must include a planning-level cost estimate and an estimated 984 date of completion. 985 d. A list of projects developed pursuant to paragraph (e), 986 if applicable. 987 e. The source and amount of financial assistance to be made 988 available by the department, a water management district, or 989 other entity for each listed project, if applicable. 990 f. A planning-level estimate of each listed project’s 991 expected load reduction, if applicable. 992 5. The department shall adopt all or any part of a basin 993 management action plan and any amendment to such plan by 994 secretarial order pursuant to chapter 120 to implement this 995 section. 996 6. The basin management action plan must include 5-year 997 milestones for implementation and water quality improvement, and 998 an associated water quality monitoring component sufficient to 999 evaluate whether reasonable progress in pollutant load 1000 reductions is being achieved over time. An assessment of 1001 progress toward these milestones shall be conducted every 5 1002 years, and revisions to the plan shall be made as appropriate. 1003 Any entity with a specific pollutant load reduction requirement 1004 established in a basin management action plan shall identify the 1005 projects or strategies that such entity will undertake to meet 1006 current 5-year pollution reduction milestones, beginning with 1007 the first 5-year milestone for new basin management action 1008 plans, and submit such projects to the department for inclusion 1009 in the appropriate basin management action plan. Each project 1010 identified must include an estimated amount of nutrient 1011 reduction that is reasonably expected to be achieved based on 1012 the best scientific information available. Revisions to the 1013 basin management action plan shall be made by the department in 1014 cooperation with basin stakeholders. Revisions to the management 1015 strategies required for nonpoint sources must follow the 1016 procedures in subparagraph (c)4. Revised basin management action 1017 plans must be adopted pursuant to subparagraph 5. 1018 7. In accordance with procedures adopted by rule under 1019 paragraph (9)(c), basin management action plans, and other 1020 pollution control programs under local, state, or federal 1021 authority as provided in subsection (4), may allow point or 1022 nonpoint sources that will achieve greater pollutant reductions 1023 than required by an adopted total maximum daily load or 1024 wasteload allocation to generate, register, and trade water 1025 quality credits for the excess reductions to enable other 1026 sources to achieve their allocation; however, the generation of 1027 water quality credits does not remove the obligation of a source 1028 or activity to meet applicable technology requirements or 1029 adopted best management practices. Such plans must allow trading 1030 between NPDES permittees, and trading that may or may not 1031 involve NPDES permittees, where the generation or use of the 1032 credits involve an entity or activity not subject to department 1033 water discharge permits whose owner voluntarily elects to obtain 1034 department authorization for the generation and sale of credits. 1035 8. The department’s rule relating to the equitable 1036 abatement of pollutants into surface waters do not apply to 1037 water bodies or waterbody segments for which a basin management 1038 plan that takes into account future new or expanded activities 1039 or discharges has been adopted under this section. 1040 9. In order to promote resilient wastewater utilities, if 1041 the department identifies domestic wastewater treatment 1042 facilities or onsite sewage treatment and disposal systems as 1043 contributors of at least 20 percent of point source or nonpoint 1044 source nutrient pollution or if the department determines 1045 remediation is necessary to achieve the total maximum daily 1046 load, a basin management action plan for a nutrient total 1047 maximum daily load must include the following: 1048 a. A domestic wastewater treatment plan developed by each 1049 local government, in cooperation with the department, the water 1050 management district, and the public and private domestic 1051 wastewater treatment facilities providing services or located 1052 within the jurisdiction of the local government, whichthat1053 addresses domestic wastewater. Private domestic wastewater 1054 facilities and special districts providing domestic wastewater 1055 services must provide the required wastewater facility 1056 information to the applicable local governments. The domestic 1057 wastewater treatment plan must: 1058 (I) Provide for construction, expansion, or upgrades 1059 necessary to achieve the total maximum daily load requirements 1060 applicable to the domestic wastewater treatment facility. 1061 (II) Include the permitted capacity in average annual 1062 gallons per day for the domestic wastewater treatment facility; 1063 the average nutrient concentration and the estimated average 1064 nutrient load of the domestic wastewater; a projected timeline 1065 of the dates by which the construction of any facility 1066 improvements will begin and be completed and the date by which 1067 operations of the improved facility will begin; the estimated 1068 cost of the improvements; and the identity of responsible 1069 parties. 1070 1071 The domestic wastewater treatment plan must be adopted as part 1072 of the basin management action plan no later than July 1, 2025. 1073 A local government that does not have a domestic wastewater 1074 treatment facility in its jurisdiction is not required to 1075 develop a domestic wastewater treatment plan unless there is a 1076 demonstrated need to establish a domestic wastewater treatment 1077 facility within its jurisdiction to improve water quality 1078 necessary to achieve a total maximum daily load. A local 1079 government is not responsible for a private domestic wastewater 1080 facility’s compliance with a basin management action plan unless 1081 such facility is operated through a public-private partnership 1082 to which the local government is a party. 1083 b. An onsite sewage treatment and disposal system 1084 remediation plan developed by each local government in 1085 cooperation with the department, the Department of Health, water 1086 management districts, and public and private domestic wastewater 1087 treatment facilities. 1088 (I) The onsite sewage treatment and disposal system 1089 remediation plan must identify cost-effective and financially 1090 feasible projects necessary to achieve the nutrient load 1091 reductions required for onsite sewage treatment and disposal 1092 systems. To identify cost-effective and financially feasible 1093 projects for remediation of onsite sewage treatment and disposal 1094 systems, the local government shall: 1095 (A) Include an inventory of onsite sewage treatment and 1096 disposal systems based on the best information available; 1097 (B) Identify onsite sewage treatment and disposal systems 1098 that would be eliminated through connection to existing or 1099 future central domestic wastewater infrastructure in the 1100 jurisdiction or domestic wastewater service area of the local 1101 government, that would be replaced with or upgraded to enhanced 1102 nutrient-reducing onsite sewage treatment and disposal systems, 1103 or that would remain on conventional onsite sewage treatment and 1104 disposal systems; 1105 (C) Estimate the costs of potential onsite sewage treatment 1106 and disposal system connections, upgrades, or replacements; and 1107 (D) Identify deadlines and interim milestones for the 1108 planning, design, and construction of projects. 1109 (II) The department shall adopt the onsite sewage treatment 1110 and disposal system remediation plan as part of the basin 1111 management action plan no later than July 1, 2025, or as 1112 required for Outstanding Florida Springs under s. 373.807. 1113 10. The installation of new onsite sewage treatment and 1114 disposal systems constructed within a basin management action 1115 plan area adopted under this section, a reasonable assurance 1116 plan, or a pollution reduction plan is prohibited where 1117 connection to a publicly owned or investor-owned sewerage system 1118 is available as defined in s. 381.0065(2)(a). On lots of 1 acre 1119 or less within a basin management action plan adopted under this 1120 section, a reasonable assurance plan, or a pollution reduction 1121 plan where a publicly owned or investor-owned sewerage system is 1122 not available, the installation of enhanced nutrient-reducing 1123 onsite sewage treatment and disposal systems or other wastewater 1124 treatment systems that achieve at least 65 percent nitrogen 1125 reduction is required. 1126 11. When identifying wastewater projects in a basin 1127 management action plan, the department may not require the 1128 higher cost option if it achieves the same nutrient load 1129 reduction as a lower cost option. A regulated entity may choose 1130 a different cost option if it complies with the pollutant 1131 reduction requirements of an adopted total maximum daily load 1132 and meets or exceeds the pollution reduction requirement of the 1133 original project. 1134 12. Annually, local governments subject to a basin 1135 management action plan or located within the basin of a 1136 waterbody not attaining nutrient or nutrient-related standards 1137 must provide to the department an update on the status of 1138 construction of sanitary sewers to serve such areas, in a manner 1139 prescribed by the department. 1140 Section 12. Paragraph (f) of subsection (2) and subsection 1141 (7) of section 403.0673, Florida Statutes, are amended, and 1142 subsection (8) is added to that section, to read: 1143 403.0673 Water quality improvement grant program.—A grant 1144 program is established within the Department of Environmental 1145 Protection to address wastewater, stormwater, and agricultural 1146 sources of nutrient loading to surface water or groundwater. 1147 (2) The department may provide grants for all of the 1148 following types of projects that reduce the amount of nutrients 1149 entering those waterbodies identified in subsection (1): 1150 (f) Projects identified in a domestic wastewater treatment 1151 plan or an onsite sewage treatment and disposal system 1152 remediation plan developed pursuant to s. 403.067(7)(a)9.a. and 1153 b. 1154 (7) Beginning January 15, 2024, and each January 15 1155 thereafter, the department shall submit a report regarding the 1156 projects funded pursuant to this section to the Governor, the 1157 President of the Senate, and the Speaker of the House of 1158 Representatives. 1159 (a) The report must include a list of those projects 1160 receiving funding and the following information for each 1161 project: 1162 1.(a)A description of the project; 1163 2.(b)The cost of the project; 1164 3.(c)The estimated nutrient load reduction of the project; 1165 4.(d)The location of the project; 1166 5.(e)The waterbody or waterbodies where the project will 1167 reduce nutrients; and 1168 6.(f)The total cost share being provided for the project. 1169 (b) The report must also include a status report on each 1170 project funded since 2021. The status report must, at a minimum, 1171 identify which projects have been completed and, if such 1172 information is available, provide nutrient load improvements or 1173 water quality testing data for the waterbody. 1174 (8) By July 1, 2025, the department must include the 1175 projects funded pursuant to this section on a user-friendly 1176 website or dashboard. The website or dashboard must allow the 1177 user to see the information provided in subsection (7) and must 1178 be updated at least annually. 1179 Section 13. Paragraph (c) of subsection (1) of section 1180 403.086, Florida Statutes, is amended to read: 1181 403.086 Sewage disposal facilities; advanced and secondary 1182 waste treatment.— 1183 (1) 1184 (c)1. Notwithstanding this chapter or chapter 373, sewage 1185 disposal facilities may not dispose any wastes into the 1186 following waters without providing advanced waste treatment, as 1187 defined in subsection (4), as approved by the department or a 1188 more stringent treatment standard if the department determines 1189 the more stringent standard is necessary to achieve the total 1190 maximum daily load or applicable water quality criteria: 1191 a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega 1192 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little 1193 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay; 1194 Biscayne Bay; or any river, stream, channel, canal, bay, bayou, 1195 sound, or other water tributary thereto. 1196 b. Beginning July 1, 2025, Indian River Lagoon, or any 1197 river, stream, channel, canal, bay, bayou, sound, or other water 1198 tributary thereto. 1199 c. By January 1, 2033, waterbodies that are currently not 1200 attaining nutrient or nutrient-related standards or that are 1201 subject to a nutrient or nutrient-related basin management 1202 action plan adopted pursuant to s. 403.067 or adopted reasonable 1203 assurance plan. 1204 2. For any waterbody determined not to be attaining 1205 nutrient or nutrient-related standards after July 1, 2023, or 1206 subject to a nutrient or nutrient-related basin management 1207 action plan adopted pursuant to s. 403.067 or adopted reasonable 1208 assurance plan after July 1, 2023, sewage disposal facilities 1209 are prohibited from disposing any wastes into such waters 1210 without providing advanced waste treatment, as defined in 1211 subsection (4), as approved by the department within 10 years 1212 after such determination or adoption. 1213 3. By July 1, 2034, a wastewater treatment facility 1214 providing reclaimed water that will be used for commercial or 1215 residential irrigation or be otherwise land applied within a 1216 nutrient basin management action plan or reasonable assurance 1217 plan area must meet the advanced waste treatment standards for 1218 total nitrogen and total phosphorous as defined in paragraph 1219 (4)(a) if the department has determined in an applicable basin 1220 management action plan or reasonable assurance plan that the use 1221 of reclaimed water as described in this subparagraph is causing 1222 or contributing to the nutrient impairment being addressed in 1223 such plan. For such department determinations made in a nutrient 1224 basin management action plan or reasonable assurance plan after 1225 July 1, 2024, an applicable wastewater treatment facility must 1226 meet the requisite advanced waste treatment standards described 1227 in this subparagraph within 10 years after such determination. 1228 This subparagraph does not prevent the department from requiring 1229 an alternative treatment standard, including a more stringent 1230 treatment standard, if the department determines that the 1231 alternative standard is necessary to achieve the total maximum 1232 daily load or applicable water quality criteria. This 1233 subparagraph does not apply to reclaimed water that is otherwise 1234 land applied as part of a water quality restoration project or 1235 water resource development project approved by the department to 1236 meet a total maximum daily load or minimum flow or level and 1237 where such reclaimed water will be at or below the advanced 1238 waste treatment standards described above before entering 1239 groundwater or surface water. 1240 Section 14. Paragraphs (a) and (b) of subsection (1) and 1241 paragraph (b) of subsection (3) of section 403.091, Florida 1242 Statutes, are amended to read: 1243 403.091 Inspections.— 1244 (1)(a) Any duly authorized representative of the department 1245 may at any reasonable time enter and inspect, for the purpose of 1246 ascertaining the state of compliance with the law or rules and 1247 regulations of the department, any property, premises, or place, 1248 except a building which is used exclusively for a private 1249 residence, on or at which: 1250 1. A hazardous waste generator, transporter, or facility or 1251 other air or water contaminant source; 1252 2. A discharger, including any nondomestic discharger which 1253 introduces any pollutant into a publicly owned treatment works; 1254 3. An onsite sewage treatment and disposal system as 1255 defined in s. 381.0065(2)(m); 1256 4. Any facility, as defined in s. 376.301; or 1257 5.4.A resource recovery and management facility 1258 1259 is located or is being constructed or installed or where records 1260 which are required under this chapter, ss. 376.30-376.317, or 1261 department rule are kept. 1262 (b) Any duly authorized representative may at reasonable 1263 times have access to and copy any records required under this 1264 chapter or ss. 376.30-376.317; inspect any monitoring equipment 1265 or method; sample for any pollutants as defined in s. 376.301, 1266 effluents, or wastes which the owner or operator of such source 1267 may be discharging or which may otherwise be located on or 1268 underlying the owner’s or operator’s property; and obtain any 1269 other information necessary to determine compliance with permit 1270 conditions or other requirements of this chapter, ss. 376.30 1271 376.317, ss. 381.0065-381.0067, part I of chapter 386 for 1272 purposes of onsite sewage treatment and disposal systems, part 1273 III of chapter 489, or rules or standards adopted under ss. 1274 381.0065-381.0067, part I of chapter 386 for purposes of onsite 1275 sewage treatment and disposal systems, or part III of chapter 1276 489, or department rules. 1277 (3) 1278 (b) Upon proper affidavit being made, an inspection warrant 1279 may be issued underthe provisions ofthis chapter or ss. 1280 376.30-376.317: 1281 1. When it appears that the properties to be inspected may 1282 be connected with or contain evidence of the violation ofany of1283the provisions ofthis chapter or ss. 376.30-376.317, ss. 1284 381.0065-381.0067, part I of chapter 386 for purposes of onsite 1285 sewage treatment and disposal systems, part III of chapter 489, 1286 or rules or standards adopted under ss. 381.0065-381.0067, part 1287 I of chapter 386 for purposes of onsite sewage treatment and 1288 disposal systems, or part III of chapter 489 or any rule 1289 properly promulgated thereunder; or 1290 2. When the inspection sought is an integral part of a 1291 larger scheme of systematic routine inspections which are 1292 necessary to, and consistent with, the continuing efforts of the 1293 department to ensure compliance with the provisions of this 1294 chapter or ss. 376.30-376.317, ss. 381.0065-381.0067, part I of 1295 chapter 386 for purposes of onsite sewage treatment and disposal 1296 systems, part III of chapter 489, or rules or standards adopted 1297 under ss. 381.0065-381.0067, part I of chapter 386 for purposes 1298 of onsite sewage treatment and disposal systems, or part III of 1299 chapter 489 and any rules adopted thereunder. 1300 Section 15. Section 403.121, Florida Statutes, is amended 1301 to read: 1302 403.121 Enforcement; procedure; remedies.—The department 1303 shall have the following judicial and administrative remedies 1304 available to it for violations of this chapter, as specified in 1305 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for 1306 purposes of onsite sewage treatment and disposal systems, part 1307 III of chapter 489, or any rule promulgated thereunder. 1308 (1) Judicial Remedies: 1309 (a) The department may institute a civil action in a court 1310 of competent jurisdiction to establish liability and to recover 1311 damages for any injury to the air, waters, or property, 1312 including animal, plant, and aquatic life, of the state caused 1313 by any violation. 1314 (b) The department may institute a civil action in a court 1315 of competent jurisdiction to impose and to recover a civil 1316 penalty for each violation in an amount of not more than $15,000 1317 per offense. However, the court may receive evidence in 1318 mitigation. Each day during any portion of which such violation 1319 occurs constitutes a separate offense. 1320 (c) Except as provided in paragraph (2)(c), it is not a 1321 defense to, or ground for dismissal of, these judicial remedies 1322 for damages and civil penalties that the department has failed 1323 to exhaust its administrative remedies, has failed to serve a 1324 notice of violation, or has failed to hold an administrative 1325 hearing before the institution of a civil action. 1326 (2) Administrative Remedies: 1327 (a) The department may institute an administrative 1328 proceeding to establish liability and to recover damages for any 1329 injury to the air, waters, or property, including animal, plant, 1330 or aquatic life, of the state caused by any violation. The 1331 department may order that the violator pay a specified sum as 1332 damages to the state. Judgment for the amount of damages 1333 determined by the department may be entered in any court having 1334 jurisdiction thereof and may be enforced as any other judgment. 1335 (b) If the department has reason to believe a violation has 1336 occurred, it may institute an administrative proceeding to order 1337 the prevention, abatement, or control of the conditions creating 1338 the violation or other appropriate corrective action. Except for 1339 violations involving hazardous wastes, asbestos, or underground 1340 injection, the department shall proceed administratively in all 1341 cases in which the department seeks administrative penalties 1342 that do not exceed $50,000 per assessment as calculated in 1343 accordance with subsections (3), (4), (5), (6), and (7). 1344 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty 1345 assessed pursuant to subsection (3), subsection (4), or 1346 subsection (5) against a public water system serving a 1347 population of more than 10,000 may not be less than $1,000 per 1348 day per violation. The department may not impose administrative 1349 penalties in excess of $50,000 in a notice of violation. The 1350 department may not have more than one notice of violation 1351 seeking administrative penalties pending against the same party 1352 at the same time unless the violations occurred at a different 1353 site or the violations were discovered by the department 1354 subsequent to the filing of a previous notice of violation. 1355 (c) An administrative proceeding shall be instituted by the 1356 department’s serving of a written notice of violation upon the 1357 alleged violator by certified mail. If the department is unable 1358 to effect service by certified mail, the notice of violation may 1359 be hand delivered or personally served in accordance with 1360 chapter 48. The notice shall specify the law, rule, regulation, 1361 permit, certification, or order of the department alleged to be 1362 violated and the facts alleged to constitute a violation 1363 thereof. An order for corrective action, penalty assessment, or 1364 damages may be included with the notice. When the department is 1365 seeking to impose an administrative penalty for any violation by 1366 issuing a notice of violation, any corrective action needed to 1367 correct the violation or damages caused by the violation must be 1368 pursued in the notice of violation or they are waived. However, 1369 an order is not effective until after service and an 1370 administrative hearing, if requested within 20 days after 1371 service. Failure to request an administrative hearing within 1372 this time period constitutes a waiver thereof, unless the 1373 respondent files a written notice with the department within 1374 this time period opting out of the administrative process 1375 initiated by the department to impose administrative penalties. 1376 Any respondent choosing to opt out of the administrative process 1377 initiated by the department in an action that seeks the 1378 imposition of administrative penalties must file a written 1379 notice with the department within 20 days after service of the 1380 notice of violation opting out of the administrative process. A 1381 respondent’s decision to opt out of the administrative process 1382 does not preclude the department from initiating a state court 1383 action seeking injunctive relief, damages, and the judicial 1384 imposition of civil penalties. 1385 (d) If a person timely files a petition challenging a 1386 notice of violation, that person will thereafter be referred to 1387 as the respondent. The hearing requested by the respondent shall 1388 be held within 180 days after the department has referred the 1389 initial petition to the Division of Administrative Hearings 1390 unless the parties agree to a later date. The department has the 1391 burden of proving with the preponderance of the evidence that 1392 the respondent is responsible for the violation. Administrative 1393 penalties should not be imposed unless the department satisfies 1394 that burden. Following the close of the hearing, the 1395 administrative law judge shall issue a final order on all 1396 matters, including the imposition of an administrative penalty. 1397 When the department seeks to enforce that portion of a final 1398 order imposing administrative penalties pursuant to s. 120.69, 1399 the respondent may not assert as a defense the inappropriateness 1400 of the administrative remedy. The department retains its final 1401 order authority in all administrative actions that do not 1402 request the imposition of administrative penalties. 1403 (e) After filing a petition requesting a formal hearing in 1404 response to a notice of violation in which the department 1405 imposes an administrative penalty, a respondent may request that 1406 a private mediator be appointed to mediate the dispute by 1407 contacting the Florida Conflict Resolution Consortium within 10 1408 days after receipt of the initial order from the administrative 1409 law judge. The Florida Conflict Resolution Consortium shall pay 1410 all of the costs of the mediator and for up to 8 hours of the 1411 mediator’s time per case at $150 per hour. Upon notice from the 1412 respondent, the Florida Conflict Resolution Consortium shall 1413 provide to the respondent a panel of possible mediators from the 1414 area in which the hearing on the petition would be heard. The 1415 respondent shall select the mediator and notify the Florida 1416 Conflict Resolution Consortium of the selection within 15 days 1417 of receipt of the proposed panel of mediators. The Florida 1418 Conflict Resolution Consortium shall provide all of the 1419 administrative support for the mediation process. The mediation 1420 must be completed at least 15 days before the final hearing date 1421 set by the administrative law judge. 1422 (f) In any administrative proceeding brought by the 1423 department, the prevailing party shall recover all costs as 1424 provided in ss. 57.041 and 57.071. The costs must be included in 1425 the final order. The respondent is the prevailing party when an 1426 order is entered awarding no penalties to the department and 1427 such order has not been reversed on appeal or the time for 1428 seeking judicial review has expired. The respondent is entitled 1429 to an award of attorney fees if the administrative law judge 1430 determines that the notice of violation issued by the department 1431 seeking the imposition of administrative penalties was not 1432 substantially justified as defined in s. 57.111(3)(e). An award 1433 of attorney fees as provided by this subsection may not exceed 1434 $15,000. 1435 (g) This section does not prevent any other legal or 1436 administrative action in accordance with law and does not limit 1437 the department’s authority provided in ss. 403.131, 403.141, and 1438 this section to judicially pursue injunctive relief. When the 1439 department exercises its authority to judicially pursue 1440 injunctive relief, penalties in any amount up to the statutory 1441 maximum sought by the department must be pursued as part of the 1442 state court action and not by initiating a separate 1443 administrative proceeding. The department retains the authority 1444 to judicially pursue penalties in excess of $50,000 for 1445 violations not specifically included in the administrative 1446 penalty schedule, or for multiple or multiday violations alleged 1447 to exceed a total of $50,000. The department also retains the 1448 authority provided in ss. 403.131, 403.141, and this section to 1449 judicially pursue injunctive relief and damages, if a notice of 1450 violation seeking the imposition of administrative penalties has 1451 not been issued. The department has the authority to enter into 1452 a settlement, before or after initiating a notice of violation, 1453 and the settlement may include a penalty amount different from 1454 the administrative penalty schedule. Any case filed in state 1455 court because it is alleged to exceed a total of $50,000 in 1456 penalties may be settled in the court action for less than 1457 $50,000. 1458 (h) Chapter 120 applies to any administrative action taken 1459 by the department or any delegated program pursuing 1460 administrative penalties in accordance with this section. 1461 (3) Except for violations involving hazardous wastes, 1462 asbestos, or underground injection, administrative penalties 1463 must be calculated according to the following schedule: 1464 (a) For a drinking water contamination violation, the 1465 department shall assess a penalty of $3,000 for a Maximum 1466 Containment Level (MCL) violation; plus $1,500 if the violation 1467 is for a primary inorganic, organic, or radiological Maximum 1468 Contaminant Level or it is a fecal coliform bacteria violation; 1469 plus $1,500 if the violation occurs at a community water system; 1470 and plus $1,500 if any Maximum Contaminant Level is exceeded by 1471 more than 100 percent. For failure to obtain a clearance letter 1472 before placing a drinking water system into service when the 1473 system would not have been eligible for clearance, the 1474 department shall assess a penalty of $4,500. 1475 (b) For failure to obtain a required wastewater permit, 1476 other than a permit required for surface water discharge, or 1477 obtain an onsite sewage treatment and disposal system permit, or 1478 for a violation of s. 381.0065, or the creation of or 1479 maintenance of a nuisance related to an onsite sewage treatment 1480 and disposal system under part I of chapter 386, or for a 1481 violation of part III of chapter 489, or any rule properly 1482 promulgated thereunder, the department shall assess a penalty of 1483 $2,000. For a domestic or industrial wastewater violation, not 1484 involving a surface water or groundwater quality violation, the 1485 department shall assess a penalty of $4,000 for an unpermitted 1486 or unauthorized discharge or effluent-limitation exceedance or 1487 for failure to comply with s. 403.061(14) or s. 403.086(7) or 1488 rules adopted thereunder. For an unpermitted or unauthorized 1489 discharge or effluent-limitation exceedance that resulted in a 1490 surface water or groundwater quality violation, the department 1491 shall assess a penalty of $10,000. Each day the cause of an 1492 unauthorized discharge of domestic wastewater or sanitary 1493 nuisance is not addressed constitutes a separate offense. 1494 (c) For a dredge and fill or stormwater violation, the 1495 department shall assess a penalty of $1,500 for unpermitted or 1496 unauthorized dredging or filling or unauthorized construction of 1497 a stormwater management system against the person or persons 1498 responsible for the illegal dredging or filling, or unauthorized 1499 construction of a stormwater management system plus $3,000 if 1500 the dredging or filling occurs in an aquatic preserve, an 1501 Outstanding Florida Water, a conservation easement, or a Class I 1502 or Class II surface water, plus $1,500 if the area dredged or 1503 filled is greater than one-quarter acre but less than or equal 1504 to one-half acre, and plus $1,500 if the area dredged or filled 1505 is greater than one-half acre but less than or equal to one 1506 acre. The administrative penalty schedule does not apply to a 1507 dredge and fill violation if the area dredged or filled exceeds 1508 one acre. The department retains the authority to seek the 1509 judicial imposition of civil penalties for all dredge and fill 1510 violations involving more than one acre. The department shall 1511 assess a penalty of $4,500 for the failure to complete required 1512 mitigation, failure to record a required conservation easement, 1513 or for a water quality violation resulting from dredging or 1514 filling activities, stormwater construction activities or 1515 failure of a stormwater treatment facility. For stormwater 1516 management systems serving less than 5 acres, the department 1517 shall assess a penalty of $3,000 for the failure to properly or 1518 timely construct a stormwater management system. In addition to 1519 the penalties authorized in this subsection, the department 1520 shall assess a penalty of $7,500 per violation against the 1521 contractor or agent of the owner or tenant that conducts 1522 unpermitted or unauthorized dredging or filling. For purposes of 1523 this paragraph, the preparation or signing of a permit 1524 application by a person currently licensed under chapter 471 to 1525 practice as a professional engineer does not make that person an 1526 agent of the owner or tenant. 1527 (d) For mangrove trimming or alteration violations, the 1528 department shall assess a penalty of $7,500 per violation 1529 against the contractor or agent of the owner or tenant that 1530 conducts mangrove trimming or alteration without a permit as 1531 required by s. 403.9328. For purposes of this paragraph, the 1532 preparation or signing of a permit application by a person 1533 currently licensed under chapter 471 to practice as a 1534 professional engineer does not make that person an agent of the 1535 owner or tenant. 1536 (e) For solid waste violations, the department shall assess 1537 a penalty of $3,000 for the unpermitted or unauthorized disposal 1538 or storage of solid waste; plus $1,000 if the solid waste is 1539 Class I or Class III (excluding yard trash) or if the solid 1540 waste is construction and demolition debris in excess of 20 1541 cubic yards, plus $1,500 if the waste is disposed of or stored 1542 in any natural or artificial body of water or within 500 feet of 1543 a potable water well, plus $1,500 if the waste contains PCB at a 1544 concentration of 50 parts per million or greater; untreated 1545 biomedical waste; friable asbestos greater than 1 cubic meter 1546 which is not wetted, bagged, and covered; used oil greater than 1547 25 gallons; or 10 or more lead acid batteries. The department 1548 shall assess a penalty of $4,500 for failure to properly 1549 maintain leachate control; unauthorized burning; failure to have 1550 a trained spotter on duty at the working face when accepting 1551 waste; or failure to provide access control for three 1552 consecutive inspections. The department shall assess a penalty 1553 of $3,000 for failure to construct or maintain a required 1554 stormwater management system. 1555 (f) For an air emission violation, the department shall 1556 assess a penalty of $1,500 for an unpermitted or unauthorized 1557 air emission or an air-emission-permit exceedance, plus $4,500 1558 if the emission was from a major source and the source was major 1559 for the pollutant in violation; plus $1,500 if the emission was 1560 more than 150 percent of the allowable level. 1561 (g) For storage tank system and petroleum contamination 1562 violations, the department shall assess a penalty of $7,500 for 1563 failure to empty a damaged storage system as necessary to ensure 1564 that a release does not occur until repairs to the storage 1565 system are completed; when a release has occurred from that 1566 storage tank system; for failure to timely recover free product; 1567 or for failure to conduct remediation or monitoring activities 1568 until a no-further-action or site-rehabilitation completion 1569 order has been issued. The department shall assess a penalty of 1570 $4,500 for failure to timely upgrade a storage tank system. The 1571 department shall assess a penalty of $3,000 for failure to 1572 conduct or maintain required release detection; failure to 1573 timely investigate a suspected release from a storage system; 1574 depositing motor fuel into an unregistered storage tank system; 1575 failure to timely assess or remediate petroleum contamination; 1576 or failure to properly install a storage tank system. The 1577 department shall assess a penalty of $1,500 for failure to 1578 properly operate, maintain, or close a storage tank system. 1579 (4) In an administrative proceeding, in addition to the 1580 penalties that may be assessed under subsection (3), the 1581 department shall assess administrative penalties according to 1582 the following schedule: 1583 (a) For failure to satisfy financial responsibility 1584 requirements or for violation of s. 377.371(1), $7,500. 1585 (b) For failure to install, maintain, or use a required 1586 pollution control system or device, $6,000. 1587 (c) For failure to obtain a required permit before 1588 construction or modification, $4,500. 1589 (d) For failure to conduct required monitoring or testing; 1590 failure to conduct required release detection; or failure to 1591 construct in compliance with a permit, $3,000. 1592 (e) For failure to maintain required staff to respond to 1593 emergencies; failure to conduct required training; failure to 1594 prepare, maintain, or update required contingency plans; failure 1595 to adequately respond to emergencies to bring an emergency 1596 situation under control; or failure to submit required 1597 notification to the department, $1,500. 1598 (f) Except as provided in subsection (2) with respect to 1599 public water systems serving a population of more than 10,000, 1600 for failure to prepare, submit, maintain, or use required 1601 reports or other required documentation, $750. 1602 (5) Except as provided in subsection (2) with respect to 1603 public water systems serving a population of more than 10,000, 1604 for failure to comply with any other departmental regulatory 1605 statute or rule requirement not otherwise identified in this 1606 section, the department may assess a penalty of $1,000. 1607 (6) For each additional day during which a violation 1608 occurs, the administrative penalties in subsections (3)-(5) may 1609 be assessed per day per violation. 1610 (7) The history of noncompliance of the violator for any 1611 previous violation resulting in an executed consent order, but 1612 not including a consent order entered into without a finding of 1613 violation, or resulting in a final order or judgment after the 1614 effective date of this law involving the imposition of $3,000 or 1615 more in penalties shall be taken into consideration in the 1616 following manner: 1617 (a) One previous such violation within 5 years before the 1618 filing of the notice of violation will result in a 25-percent 1619 per day increase in the scheduled administrative penalty. 1620 (b) Two previous such violations within 5 years before the 1621 filing of the notice of violation will result in a 50-percent 1622 per day increase in the scheduled administrative penalty. 1623 (c) Three or more previous such violations within 5 years 1624 before the filing of the notice of violation will result in a 1625 100-percent per day increase in the scheduled administrative 1626 penalty. 1627 (8) The direct economic benefit gained by the violator from 1628 the violation, where consideration of economic benefit is 1629 provided by Florida law or required by federal law as part of a 1630 federally delegated or approved program, must be added to the 1631 scheduled administrative penalty. The total administrative 1632 penalty, including any economic benefit added to the scheduled 1633 administrative penalty, may not exceed $15,000. 1634 (9) The administrative penalties assessed for any 1635 particular violation may not exceed $10,000 against any one 1636 violator, unless the violator has a history of noncompliance, 1637 the economic benefit of the violation as described in subsection 1638 (8) exceeds $10,000, or there are multiday violations. The total 1639 administrative penalties may not exceed $50,000 per assessment 1640 for all violations attributable to a specific person in the 1641 notice of violation. 1642 (10) The administrative law judge may receive evidence in 1643 mitigation. The penalties identified in subsections (3)-(5) may 1644 be reduced up to 50 percent by the administrative law judge for 1645 mitigating circumstances, including good faith efforts to comply 1646 before or after discovery of the violations by the department. 1647 Upon an affirmative finding that the violation was caused by 1648 circumstances beyond the reasonable control of the respondent 1649 and could not have been prevented by respondent’s due diligence, 1650 the administrative law judge may further reduce the penalty. 1651 (11) Penalties collected pursuant to this section must 1652shallbe deposited into the Water Quality Assurance Trust Fund 1653 or other trust fund designated by statute and shall be used to 1654 fund the restoration of ecosystems, or polluted areas of the 1655 state, as defined by the department, to their condition before 1656 pollution occurred. The Florida Conflict Resolution Consortium 1657 may use a portion of the fund to administer the mediation 1658 process provided in paragraph (2)(e) and to contract with 1659 private mediators for administrative penalty cases. 1660 (12) The purpose of the administrative penalty schedule and 1661 process is to provide a more predictable and efficient manner 1662 for individuals and businesses to resolve relatively minor 1663 environmental disputes. Subsections (3)-(7) may not be construed 1664 as limiting a state court in the assessment of damages. The 1665 administrative penalty schedule does not apply to the judicial 1666 imposition of civil penalties in state court as provided in this 1667 section. 1668 Section 16. Subsection (5) of section 403.9301, Florida 1669 Statutes, is amended to read: 1670 403.9301 Wastewater services projections.— 1671 (5) The Office of Economic and Demographic Research shall 1672 evaluate the compiled documents from the counties for the 1673 purpose of developing a statewide analysis for inclusion in the 1674 assessment due the following January 1, 2023, pursuant to s. 1675 403.928. Beginning July 1, 2024, and by the July 1 following 1676 subsequent publications of the analysis required by this 1677 section, the Office of Economic and Demographic Research shall 1678 provide a publicly accessible data visualization tool on its 1679 website which allows for comparative analyses of key 1680 information. 1681 Section 17. Subsection (5) of section 403.9302, Florida 1682 Statutes, is amended to read: 1683 403.9302 Stormwater management projections.— 1684 (5) The Office of Economic and Demographic Research shall 1685 evaluate the compiled documents from the counties for the 1686 purpose of developing a statewide analysis for inclusion in the 1687 assessment due the following January 1, 2023, pursuant to s. 1688 403.928. Beginning July 1, 2024, and by the July 1 following 1689 subsequent publications of the analysis required by this 1690 section, the Office of Economic and Demographic Research shall 1691 provide a publicly accessible data visualization tool on its 1692 website which allows for comparative analyses of key 1693 information. 1694 Section 18. Subsection (1) of section 403.0671, Florida 1695 Statutes, is amended to read: 1696 403.0671 Basin management action plan wastewater reports.— 1697 (1) By July 1, 2021, the department, in coordination with 1698 the county health departments, wastewater treatment facilities, 1699 and other governmental entities, shall submit a report to the 1700 Governor, the President of the Senate, and the Speaker of the 1701 House of Representatives evaluating the costs of wastewater 1702 projects identified in the basin management action plans 1703 developed pursuant to ss. 373.807 and 403.067(7) and the onsite 1704 sewage treatment and disposal system remediation plans and other 1705 restoration plans developed to meet the total maximum daily 1706 loads required under s. 403.067. The report must include all of 1707 the following: 1708 (a) Projects to: 1709 1. Replace onsite sewage treatment and disposal systems 1710 with enhanced nutrient-reducing onsite sewage treatment and 1711 disposal systems. 1712 2. Install or retrofit onsite sewage treatment and disposal 1713 systems with enhanced nutrient-reducing technologies. 1714 3. Construct, upgrade, or expand domestic wastewater 1715 treatment facilities to meet the domestic wastewater treatment 1716 plan required under s. 403.067(7)(a)9. 1717 4. Connect onsite sewage treatment and disposal systems to 1718 domestic wastewater treatment facilities.;1719 (b) The estimated costs, nutrient load reduction estimates, 1720 and other benefits of each project.;1721 (c) The estimated implementation timeline for each 1722 project.;1723 (d) A proposed 5-year funding plan for each project and the 1724 source and amount of financial assistance the department, a 1725 water management district, or other project partner will make 1726 available to fund the project.; and1727 (e) The projected costs of installing enhanced nutrient 1728 reducing onsite sewage treatment and disposal systems on 1729 buildable lots in priority focus areas to comply with s. 1730 373.811. 1731 Section 19. For the purpose of incorporating the amendment 1732 made by this act to section 253.04, Florida Statutes, in a 1733 reference thereto, paragraph (x) of subsection (1) of section 1734 327.73, Florida Statutes, is reenacted to read: 1735 327.73 Noncriminal infractions.— 1736 (1) Violations of the following provisions of the vessel 1737 laws of this state are noncriminal infractions: 1738 (x) Section 253.04(3)(a), relating to carelessly causing 1739 seagrass scarring, for which the civil penalty upon conviction 1740 is: 1741 1. For a first offense, $100. 1742 2. For a second offense occurring within 12 months after a 1743 prior conviction, $250. 1744 3. For a third offense occurring within 36 months after a 1745 prior conviction, $500. 1746 4. For a fourth or subsequent offense occurring within 72 1747 months after a prior conviction, $1,000. 1748 1749 Any person cited for a violation of this subsection shall be 1750 deemed to be charged with a noncriminal infraction, shall be 1751 cited for such an infraction, and shall be cited to appear 1752 before the county court. The civil penalty for any such 1753 infraction is $100, except as otherwise provided in this 1754 section. Any person who fails to appear or otherwise properly 1755 respond to a uniform boating citation, in addition to the charge 1756 relating to the violation of the boating laws of this state, 1757 must be charged with the offense of failing to respond to such 1758 citation and, upon conviction, be guilty of a misdemeanor of the 1759 second degree, punishable as provided in s. 775.082 or s. 1760 775.083. A written warning to this effect shall be provided at 1761 the time such uniform boating citation is issued. 1762 Section 20. For the purpose of incorporating the amendment 1763 made by this act to section 381.0061, Florida Statutes, in 1764 references thereto, paragraph (a) of subsection (4) and 1765 paragraph (a) of subsection (6) of section 381.0072, Florida 1766 Statutes, are reenacted to read: 1767 381.0072 Food service protection.— 1768 (4) LICENSES REQUIRED.— 1769 (a) Licenses; annual renewals.—Each food service 1770 establishment regulated under this section shall obtain a 1771 license from the department annually. Food service establishment 1772 licenses shall expire annually and are not transferable from one 1773 place or individual to another. However, those facilities 1774 licensed by the department’s Office of Licensure and 1775 Certification, the Child Care Services Program Office, or the 1776 Agency for Persons with Disabilities are exempt from this 1777 subsection. It shall be a misdemeanor of the second degree, 1778 punishable as provided in s. 381.0061, s. 775.082, or s. 1779 775.083, for such an establishment to operate without this 1780 license. The department may refuse a license, or a renewal 1781 thereof, to any establishment that is not constructed or 1782 maintained in accordance with law and with the rules of the 1783 department. Annual application for renewal is not required. 1784 (6) FINES; SUSPENSION OR REVOCATION OF LICENSES; 1785 PROCEDURE.— 1786 (a) The department may impose fines against the 1787 establishment or operator regulated under this section for 1788 violations of sanitary standards, in accordance with s. 1789 381.0061. All amounts collected shall be deposited to the credit 1790 of the County Health Department Trust Fund administered by the 1791 department. 1792 Section 21. For the purpose of incorporating the amendment 1793 made by this act to section 381.0061, Florida Statutes, in a 1794 reference thereto, subsection (4) of section 381.0086, Florida 1795 Statutes, is reenacted to read: 1796 381.0086 Rules; variances; penalties.— 1797 (4) A person who violates any provision of ss. 381.008 1798 381.00895 or rules adopted under such sections is subject either 1799 to the penalties provided in ss. 381.0012 and 381.0061 or to the 1800 penalties provided in s. 381.0087. 1801 Section 22. For the purpose of incorporating the amendment 1802 made by this act to section 381.0061, Florida Statutes, in a 1803 reference thereto, subsection (7) of section 381.0098, Florida 1804 Statutes, is reenacted to read: 1805 381.0098 Biomedical waste.— 1806 (7) ENFORCEMENT AND PENALTIES.—Any person or public body in 1807 violation of this section or rules adopted under this section is 1808 subject to penalties provided in ss. 381.0012 and 381.0061. 1809 However, an administrative fine not to exceed $2,500 may be 1810 imposed for each day such person or public body is in violation 1811 of this section. The department may deny, suspend, or revoke any 1812 biomedical waste permit or registration if the permittee 1813 violates this section, any rule adopted under this section, or 1814 any lawful order of the department. 1815 Section 23. For the purpose of incorporating the amendment 1816 made by this act to section 381.0061, Florida Statutes, in a 1817 reference thereto, subsection (2) of section 513.10, Florida 1818 Statutes, is reenacted to read: 1819 513.10 Operating without permit; enforcement of chapter; 1820 penalties.— 1821 (2) This chapter or rules adopted under this chapter may be 1822 enforced in the manner provided in s. 381.0012 and as provided 1823 in this chapter. Violations of this chapter and the rules 1824 adopted under this chapter are subject to the penalties provided 1825 in this chapter and in s. 381.0061. 1826 Section 24. This act shall take effect July 1, 2024. 1827 1828 ================= T I T L E A M E N D M E N T ================ 1829 And the title is amended as follows: 1830 Delete everything before the enacting clause 1831 and insert: 1832 A bill to be entitled 1833 An act relating to the Department of Environmental 1834 Protection; amending s. 253.04, F.S.; revising the 1835 aquatic preserves within which a person may not 1836 operate a vessel outside a lawfully marked channel 1837 under certain circumstances; amending s. 258.39, F.S.; 1838 declaring the Kristin Jacobs Coral Reef Ecosystem 1839 Conservation Area an aquatic preserve area; amending 1840 s. 373.250, F.S.; requiring each water management 1841 district, in coordination with the department, to 1842 develop rules that promote the use of reclaimed water 1843 and encourage quantifiable potable water offsets; 1844 providing requirements for such rules; providing 1845 construction; amending s. 380.093, F.S.; defining the 1846 term “Florida Flood Hub”; revising the definition of 1847 the term “preconstruction activities”; revising the 1848 purposes for which counties and municipalities may use 1849 Resilient Florida Grant Program funds; revising 1850 vulnerability assessment requirements; revising 1851 requirements for the development and maintenance of 1852 the comprehensive statewide flood vulnerability and 1853 sea level rise data set and assessment; requiring the 1854 department to coordinate with the Chief Resilience 1855 Officer and the Florida Flood Hub to update the data 1856 set and assessment at specified intervals; revising 1857 requirements for the Statewide Flooding and Sea Level 1858 Rise Resilience Plan; revising the purposes of the 1859 funding for regional resilience entities; making 1860 technical changes; amending s. 381.0061, F.S.; 1861 revising the violations for which the department may 1862 impose a specified fine; providing legislative intent 1863 regarding a phased transfer of the Department of 1864 Health’s Onsite Sewage Program to the Department of 1865 Environmental Protection; requiring the Department of 1866 Environmental Protection to coordinate with the 1867 Department of Health regarding the identification and 1868 transfer of certain equipment and vehicles under 1869 certain circumstances; prohibiting the Department of 1870 Health from implementing or collecting fees for the 1871 program when the Department of Environmental 1872 Protection begins implementing the program; providing 1873 exceptions; amending s. 381.0065, F.S.; requiring the 1874 Department of Environmental Protection to conduct 1875 enforcement activities for violations of certain 1876 onsite sewage treatment and disposal system 1877 regulations in accordance with specified provisions; 1878 specifying the department’s authority with respect to 1879 specific provisions; requiring the department to adopt 1880 rules for a program for general permits for certain 1881 projects; providing requirements for such rules; 1882 revising department enforcement provisions; deleting 1883 certain criminal penalties; requiring the damages, 1884 costs, or penalties collected to be deposited into the 1885 Water Quality Assurance Trust Fund rather than the 1886 relevant county health department trust fund; 1887 requiring the department to establish an enhanced 1888 nutrient-reducing onsite sewage treatment and disposal 1889 system approval program; authorizing the department to 1890 contract with or delegate certain powers and duties to 1891 a county; amending s. 381.0066, F.S.; requiring 1892 certain fees to be deposited into the Florida Permit 1893 Fee Trust Fund after a specified timeframe; amending 1894 s. 403.061, F.S.; requiring counties to make certain 1895 services and facilities available upon the direction 1896 of the department; amending s. 403.064, F.S.; revising 1897 legislative findings; revising the domestic wastewater 1898 treatment facilities required to submit a reuse 1899 feasibility study as part of a permit application; 1900 revising the contents of a required reuse feasibility 1901 study; revising the domestic wastewater facilities 1902 required to implement reuse under certain 1903 circumstances; revising applicability; revising 1904 construction; amending s. 403.067, F.S.; requiring 1905 certain facilities and systems to include a domestic 1906 wastewater treatment plan as part of a basin 1907 management action plan for nutrient total maximum 1908 daily loads; amending s. 403.0673, F.S.; revising the 1909 information to be included in the water quality 1910 improvement grant program annual report; requiring the 1911 department to include specified information on a user 1912 friendly website or dashboard by a specified date; 1913 providing requirements for the website or dashboard; 1914 amending s. 403.086, F.S.; requiring wastewater 1915 treatment facilities within a basin management action 1916 plan or reasonable assurance plan area which provide 1917 reclaimed water for specified purposes to meet 1918 advanced waste treatment or a more stringent treatment 1919 standard under certain circumstances; providing 1920 applicability; amending s. 403.091, F.S.; authorizing 1921 certain department representatives to enter and 1922 inspect premises on which an onsite sewage treatment 1923 and disposal system is located or being constructed or 1924 installed or where certain records are kept; revising 1925 requirements for such access; revising the 1926 circumstances under which an inspection warrant may be 1927 issued; amending s. 403.121, F.S.; revising department 1928 enforcement provisions; revising administrative 1929 penalty calculations for failure to obtain certain 1930 required permits and for certain violations; amending 1931 ss. 403.9301 and 403.9302, F.S.; requiring the Office 1932 of Economic and Demographic Research to provide a 1933 publicly accessible data visualization tool on its 1934 website for comparative analyses of key information; 1935 amending s. 403.0671, F.S.; conforming provisions to 1936 changes made by the act; reenacting s. 327.73(1)(x), 1937 F.S., relating to noncriminal infractions, to 1938 incorporate the amendment made to s. 253.04, F.S., in 1939 a reference thereto; reenacting ss. 381.0072(4)(a) and 1940 (6)(a), 381.0086(4), 381.0098(7), and 513.10(2), F.S., 1941 relating to food service protection, penalties, 1942 biomedical waste, and operating without a permit, 1943 respectively, to incorporate the amendment made to s. 1944 381.0061, F.S., in references thereto; providing an 1945 effective date.