Bill Text: FL S0918 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Resources
Spectrum: Bipartisan Bill
Status: (Failed) 2015-04-29 - Laid on Table [S0918 Detail]
Download: Florida-2015-S0918-Introduced.html
Bill Title: Environmental Resources
Spectrum: Bipartisan Bill
Status: (Failed) 2015-04-29 - Laid on Table [S0918 Detail]
Download: Florida-2015-S0918-Introduced.html
Florida Senate - 2015 SB 918 By Senator Dean 5-00804D-15 2015918__ 1 A bill to be entitled 2 An act relating to environmental resources; amending 3 s. 259.032, F.S.; requiring the Department of 4 Environmental Protection to publish, update, and 5 maintain a database of conservation lands; requiring 6 the department to submit a report to the Governor and 7 the Legislature identifying the percentage of such 8 lands which the public has access to and the efforts 9 the department has undertaken to increase public 10 access; amending ss. 260.0144 and 335.065, F.S.; 11 conforming provisions to changes made by the act; 12 creating s. 339.81, F.S.; creating the Florida Shared 13 Use Nonmotorized Trail Network; specifying the 14 composition of the network; requiring a project 15 constructed as part of the network to be included in 16 the Department of Transportation’s work program; 17 declaring the planning, development, operation, and 18 maintenance of the network to be a public purpose; 19 authorizing the spending of public funds and the 20 acceptance of certain gifts and grants to be used for 21 such purpose; authorizing the department to transfer 22 maintenance responsibilities to certain state agencies 23 and contract with not-for-profit or private sector 24 entities to provide maintenance services; authorizing 25 the department to adopt rules; creating s. 339.82, 26 F.S.; requiring the department to develop a Shared-Use 27 Nonmotorized Trail Network Plan; creating s. 339.83, 28 F.S.; authorizing the department to enter into 29 concession agreements with not-for-profit or private 30 sector entities for certain commercial sponsorship 31 signs, markings, and exhibits; authorizing the 32 department to contract for the provision of certain 33 services related to the trail sponsorship program; 34 authorizing the department to reject proposals for 35 such services, seek other proposals, or perform the 36 services; authorizing the department to terminate 37 permits or change locations of sponsorship sites for 38 construction or improvement of facilities under 39 certain circumstances; authorizing the department to 40 adopt rules; amending s. 373.036, F.S.; requiring 41 certain information to be included in the consolidated 42 annual report for each project related to water 43 quality or water quantity; amending s. 373.042, F.S.; 44 requiring the Department of Environmental Protection 45 or the governing board of a water management district 46 to establish a minimum flow or minimum water level for 47 an Outstanding Florida Spring; requiring the 48 establishment of interim minimum flows or minimum 49 water levels if minimum flows or minimum levels have 50 not been adopted; requiring the application of interim 51 minimum flows or minimum water levels in water 52 management districts that may affect an interim 53 minimum flow or minimum water level established in 54 another water management district; providing a 55 deadline for development and implementation of 56 recovery or prevention strategies under certain 57 circumstances; amending s. 373.0421, F.S.; conforming 58 cross-references; creating part VIII of ch. 373, F.S., 59 entitled the “Florida Springs and Aquifer Protection 60 Act”; creating s. 373.801, F.S.; providing legislative 61 findings and intent; creating s. 373.802, F.S.; 62 defining terms; creating s. 373.803, F.S.; requiring 63 the department to delineate a spring protection and 64 management zone for each Outstanding Florida Spring by 65 a certain date; requiring the department to adopt by 66 rule maps and legal descriptions that depict the 67 delineation of each spring protection and management 68 zone by a certain date; creating s. 373.805, F.S.; 69 requiring the department or a water management 70 district to adopt or revise various recovery or 71 prevention strategies under certain circumstances by a 72 certain date; providing minimum requirements for 73 recovery or prevention strategies for Outstanding 74 Florida Springs; authorizing local governments to 75 apply for an extension for projects in an adopted 76 recovery or prevention strategy; creating s. 373.807, 77 F.S.; requiring the department to initiate assessments 78 of Outstanding Florida Springs by a certain date; 79 requiring the department to develop basin management 80 action plans; authorizing local governments to apply 81 for an extension for projects in an adopted basin 82 management action plan; requiring local governments to 83 adopt an urban fertilizer ordinance by a certain date; 84 requiring the department, the Department of Health, 85 and local governments to identify onsite sewage 86 treatment and disposal systems within each spring 87 protection and management zone; requiring local 88 governments to develop onsite sewage treatment and 89 disposal system remediation plans; prohibiting 90 property owners with identified onsite sewage 91 treatment and disposal systems from being required to 92 pay certain costs; creating s. 373.809, F.S.; 93 requiring the department to adopt rules to fund 94 certain pilot projects; creating s. 373.811, F.S.; 95 specifying prohibited activities within a spring 96 protection and management zone of an Outstanding 97 Florida Spring; creating s. 373.813, F.S.; providing 98 rulemaking authority; creating s. 373.815, F.S.; 99 requiring the department to submit annual reports; 100 amending s. 403.061, F.S.; requiring the department to 101 create a consolidated water resources work plan; 102 requiring the department to create and maintain a web 103 based interactive map; creating s. 403.0616, F.S.; 104 creating the Florida Water Resources Advisory Council 105 to provide the Legislature with recommendations for 106 projects submitted by governmental entities; requiring 107 the council to consolidate various reports to enhance 108 the water resources of this state; requiring the 109 department to adopt rules; amending s. 403.0623, F.S.; 110 requiring the department to establish certain 111 standards to ensure statewide consistency; requiring 112 the department to maintain a centralized database for 113 testing results and analysis of water quantity and 114 quality data; providing an effective date. 115 116 Be It Enacted by the Legislature of the State of Florida: 117 118 Section 1. Paragraph (g) is added to subsection (11) of 119 section 259.032, Florida Statutes, to read: 120 259.032 Conservation and Recreation Lands Trust Fund; 121 purpose.— 122 (11) 123 (g) In order to ensure that the public has knowledge of and 124 access to conservation lands, as defined in s. 253.034(2)(c), 125 the department shall publish, update, and maintain a database of 126 such lands where public access is compatible with conservation 127 and recreation purposes. 128 1. By January 1, 2016, the database must be available to 129 the public online and must include, at a minimum, the location, 130 types of allowable recreational opportunities, points of public 131 access, facilities or other amenities, restrictions, and any 132 other information the department deems appropriate to increase 133 public awareness of recreational opportunities on conservation 134 lands. Such data must be electronically accessible, searchable, 135 and downloadable in a generally acceptable format. 136 2. The department, through its own efforts or through 137 partnership with a third-party entity, shall facilitate the 138 creation of an application downloadable on mobile devices to be 139 used to locate state lands available for public access using the 140 user’s locational information or based upon an activity of 141 interest. 142 3. The database and application must include information 143 for all state conservation lands to which the public has a right 144 of access for recreational purposes. By January 1, 2018, to the 145 greatest extent practicable, the database shall include similar 146 information for lands owned by federal and local government 147 entities that allow access for recreational purposes. 148 4. By January 1 of each year, the department shall provide 149 a report to the Governor, the President of the Senate, and the 150 Speaker of the House of Representatives describing the 151 percentage of public lands acquired under this chapter to which 152 the public has access and efforts undertaken by the department 153 to increase public access to such lands. 154 Section 2. Section 260.0144, Florida Statutes, is amended 155 to read: 156 260.0144 Sponsorship of state greenways and trails.—The 157 department may enter into a concession agreement with a not-for 158 profit entity or private sector business or entity for 159 commercial sponsorship to be displayed on state greenway and 160 trail facilities not included within the Shared-Use Nonmotorized 161 Trail Network established in chapter 339or property specified162in this section. The department may establish the cost for 163 entering into a concession agreement. 164 (1) A concession agreement shall be administered by the 165 department and must include the requirements found in this 166 section. 167 (2)(a) Space for a commercial sponsorship display may be 168 provided through a concession agreement on certain state-owned 169 greenway or trail facilities or property. 170 (b) Signage or displays erected under this section shall 171 comply with the provisions of s. 337.407 and chapter 479, and 172 shall be limited as follows: 173 1. One large sign or display, not to exceed 16 square feet 174 in area, may be located at each trailhead or parking area. 175 2. One small sign or display, not to exceed 4 square feet 176 in area, may be located at each designated trail public access 177 point. 178 (c) Before installation, each name or sponsorship display 179 must be approved by the department. 180 (d) The department shall ensure that the size, color, 181 materials, construction, and location of all signs are 182 consistent with the management plan for the property and the 183 standards of the department, do not intrude on natural and 184 historic settings, and contain only a logo selected by the 185 sponsor and the following sponsorship wording: 186 187 ...(Name of the sponsor)... proudly sponsors the costs 188 of maintaining the ...(Name of the greenway or 189 trail).... 190 191(e) Sponsored state greenways and trails are authorized at192the following facilities or property:1931. Florida Keys Overseas Heritage Trail.1942. Blackwater Heritage Trail.1953. Tallahassee-St. Marks Historic Railroad State Trail.1964. Nature Coast State Trail.1975. Withlacoochee State Trail.1986. General James A. Van Fleet State Trail.1997. Palatka-Lake Butler State Trail.200 (e)(f)The department may enter into commercial sponsorship 201 agreements for other state greenways or trails as authorized in 202 this section. A qualified entity that desires to enter into a 203 commercial sponsorship agreement shall apply to the department 204 on forms adopted by department rule. 205 (f)(g)All costs of a display, including development, 206 construction, installation, operation, maintenance, and removal 207 costs, shall be paid by the concessionaire. 208 (3) A concession agreement shall be for a minimum of 1 209 year, but may be for a longer period under a multiyear 210 agreement, and may be terminated for just cause by the 211 department upon 60 days’ advance notice. Just cause for 212 termination of a concession agreement includes, but is not 213 limited to, violation of the terms of the concession agreement 214 or any provision of this section. 215 (4) Commercial sponsorship pursuant to a concession 216 agreement is for public relations or advertising purposes of the 217 not-for-profit entity or private sector business or entity, and 218 may not be construed by that not-for-profit entity or private 219 sector business or entity as having a relationship to any other 220 actions of the department. 221 (5) This section does not create a proprietary or 222 compensable interest in any sign, display site, or location. 223 (6) Proceeds from concession agreements shall be 224 distributed as follows: 225 (a) Eighty-five percent shall be deposited into the 226 appropriate department trust fund that is the source of funding 227 for management and operation of state greenway and trail 228 facilities and properties. 229 (b) Fifteen percent shall be deposited into the State 230 Transportation Trust Fund for use in the Traffic and Bicycle 231 Safety Education Program and the Safe Paths to School Program 232 administered by the Department of Transportation. 233 (7) The department may adopt rules to administer this 234 section. 235 Section 3. Subsections (3) and (4) of section 335.065, 236 Florida Statutes, are amended to read: 237 335.065 Bicycle and pedestrian ways along state roads and 238 transportation facilities.— 239 (3) The department, in cooperation with the Department of 240 Environmental Protection, shall establish a statewide integrated 241 system of bicycle and pedestrian ways in such a manner as to 242 take full advantage of any such ways which are maintained by any 243 governmental entity.The department may enter into a concession244agreement with a not-for-profit entity or private sector245business or entity for commercial sponsorship displays on246multiuse trails and related facilities and use any concession247agreement revenues for the maintenance of the multiuse trails248and related facilities. Commercial sponsorship displays are249subject to the requirements of the Highway Beautification Act of2501965 and all federal laws and agreements, when applicable. For251the purposes of this section, bicycle facilities may be252established as part of or separate from the actual roadway and253may utilize existing road rights-of-way or other rights-of-way254or easements acquired for public use.255(a) A concession agreement shall be administered by the256department and must include the requirements of this section.257(b)1. Signage or displays erected under this section shall258comply with s. 337.407 and chapter 479 and shall be limited as259follows:260a. One large sign or display, not to exceed 16 square feet261in area, may be located at each trailhead or parking area.262b. One small sign or display, not to exceed 4 square feet263in area, may be located at each designated trail public access264point.2652. Before installation, each name or sponsorship display266must be approved by the department.2673. The department shall ensure that the size, color,268materials, construction, and location of all signs are269consistent with the management plan for the property and the270standards of the department, do not intrude on natural and271historic settings, and contain only a logo selected by the272sponsor and the following sponsorship wording:273 274...(Name of the sponsor)...proudly sponsors the costs275of maintaining the ...(Name of the greenway or276trail)....277 2784. All costs of a display, including development,279construction, installation, operation, maintenance, and removal280costs, shall be paid by the concessionaire.281(c) A concession agreement shall be for a minimum of 1282year, but may be for a longer period under a multiyear283agreement, and may be terminated for just cause by the284department upon 60 days’ advance notice. Just cause for285termination of a concession agreement includes, but is not286limited to, violation of the terms of the concession agreement287or this section.288(4)(a) The department may use appropriated funds to support289the establishment of a statewide system of interconnected290multiuse trails and to pay the costs of planning, land291acquisition, design, and construction of such trails and related292facilities. The department shall give funding priority to293projects that:2941. Are identified by the Florida Greenways and Trails295Council as a priority within the Florida Greenways and Trails296System under chapter 260.2972. Support the transportation needs of bicyclists and298pedestrians.2993. Have national, statewide, or regional importance.3004. Facilitate an interconnected system of trails by301completing gaps between existing trails.302(b) A project funded under this subsection shall:3031. Be included in the department’s work program developed304in accordance with s. 339.135.3052. Be operated and maintained by an entity other than the306department upon completion of construction. The department is307not obligated to provide funds for the operation and maintenance308of the project.309 Section 4. Section 339.81, Florida Statutes, is created to 310 read: 311 339.81 Florida Shared-Use Nonmotorized Trail Network.— 312 (1) The Florida Shared-Use Nonmotorized Trail Network is 313 created as a component of the Florida Greenways and Trails 314 System established in chapter 260. The network consists of 315 multiuse trails or shared-use paths physically separated from 316 motor vehicle traffic and constructed with asphalt, concrete, or 317 another hard surface which, by virtue of design, location, 318 extent of connectivity or potential connectivity, and allowable 319 uses, provide nonmotorized transportation opportunities for 320 bicyclists and pedestrians between and within a wide range of 321 points of origin and destinations, including, but not limited 322 to, communities, conservation areas, state parks, beaches, and 323 other natural or cultural attractions for a variety of trip 324 purposes, including work, school, shopping, and other personal 325 business, as well as social, recreational, and personal fitness 326 purposes. 327 (2) Network components do not include sidewalks, nature 328 trails, loop trails wholly within a single park or natural area, 329 or on-road facilities, such as bicycle lanes or routes other 330 than: 331 (a) On-road facilities that are no greater than one-half 332 mile in length connecting two or more nonmotorized trails, if 333 the provision of non-road facilities is unfeasible and if such 334 on-road facilities are signed and marked for nonmotorized use; 335 or 336 (b) On-road components of the Florida Keys Overseas 337 Heritage Trail. 338 (3) The department shall include a project to be 339 constructed as part of the Shared-Use Nonmotorized Trail Network 340 in its work program developed pursuant to s. 339.135. 341 (4) The planning, development, operation, and maintenance 342 of the Shared-Use Nonmotorized Trail Network is declared to be a 343 public purpose, and the department, together with other agencies 344 of this state and all counties, municipalities, and special 345 districts of this state, may spend public funds for such 346 purposes and may accept gifts and grants of funds, property, or 347 property rights from public or private sources to be used for 348 such purposes. 349 (5) The department may enter into a memorandum of agreement 350 with a local government or other agency of the state to transfer 351 maintenance responsibilities of an individual network component. 352 The department may contract with a not-for-profit entity or 353 private sector business or entity to provide maintenance 354 services on an individual network component. 355 (6) The department may adopt rules to aid in the 356 development and maintenance of components of the network. 357 Section 5. Section 339.82, Florida Statutes, is created to 358 read: 359 339.82 Shared-Use Nonmotorized Trail Network Plan.— 360 (1) The department shall develop a Shared-Use Nonmotorized 361 Trail Network Plan in coordination with the Department of 362 Environmental Protection, metropolitan planning organizations, 363 affected local governments and public agencies, and the Florida 364 Greenways and Trails Council. The plan must be consistent with 365 the Florida Greenways and Trails Plan developed under s. 260.014 366 and must be updated at least once every 5 years. 367 (2) The Shared-Use Nonmotorized Trail Network Plan must 368 include all of the following: 369 (a) A needs assessment, including, but not limited to, a 370 comprehensive inventory and analysis of existing trails that may 371 be considered for inclusion in the Shared-Use Nonmotorized Trail 372 Network. 373 (b) A project prioritization process that includes 374 assigning funding priority to projects that: 375 1. Are identified by the Florida Greenways and Trails 376 Council as a priority within the Florida Greenways and Trails 377 System under chapter 260; 378 2. Facilitate an interconnected network of trails by 379 completing gaps between existing facilities; and 380 3. Maximize use of federal, local, and private funding and 381 support mechanisms, including, but not limited to, donation of 382 funds, real property, and maintenance responsibilities. 383 (c) A map illustrating existing and planned facilities and 384 identifying critical gaps between facilities. 385 (d) A finance plan based on reasonable projections of 386 anticipated revenues, including both 5-year and 10-year cost 387 feasible components. 388 (e) Performance measures that include quantifiable 389 increases in trail network access and connectivity. 390 (f) A timeline for the completion of the base network using 391 new and existing data from the department, the Department of 392 Environmental Protection, and other sources. 393 (g) A marketing plan prepared in consultation with the 394 Florida Tourism Industry Marketing Corporation. 395 Section 6. Section 339.83, Florida Statutes, is created to 396 read: 397 339.83 Sponsorship of Shared-Use Nonmotorized Trails.— 398 (1) The department may enter into a concession agreement 399 with a not-for-profit entity or private sector business or 400 entity for commercial sponsorship signs, pavement markings, and 401 exhibits on nonmotorized trails and related facilities 402 constructed as part of the Shared-Use Nonmotorized Trail 403 Network. The concession agreement may also provide for 404 recognition of trail sponsors in any brochure, map, or website 405 providing trail information. Trail websites may provide links to 406 sponsors. Revenue from such agreements may be used for the 407 maintenance of the nonmotorized trails and related facilities. 408 (a) A concession agreement shall be administered by the 409 department. 410 (b)1. Signage, pavement markings, or exhibits erected 411 pursuant to this section must comply with s. 337.407 and chapter 412 479 and are limited as follows: 413 a. One large sign, pavement marking, or exhibit, not to 414 exceed 16 square feet in area, may be located at each trailhead 415 or parking area. 416 b. One small sign, pavement marking, or exhibit, not to 417 exceed 4 square feet in area, may be located at each designated 418 trail public access point where parking is not provided. 419 c. Pavement markings denoting specified distances must be 420 located at least 1 mile apart. 421 2. Before installation, each sign, pavement marking, or 422 exhibit must be approved by the department. 423 3. The department shall ensure that the size, color, 424 materials, construction, and location of all signs, pavement 425 markings, and exhibits are consistent with the management plan 426 for the property and the standards of the department, do not 427 intrude on natural and historic settings, and contain a logo 428 selected by the sponsor and the following sponsorship wording: 429 430 ...(Name of the sponsor)... proudly sponsors the costs 431 of maintaining the ...(Name of the greenway or 432 trail).... 433 434 4. Exhibits may provide additional information and 435 materials including, but not limited to, maps and brochures for 436 trail user services related or proximate to the trail. Pavement 437 markings may display mile marker information. 438 5. The costs of a sign, pavement marking, or exhibit, 439 including development, construction, installation, operation, 440 maintenance, and removal costs, shall be paid by the 441 concessionaire. 442 (c) A concession agreement shall be for a minimum of 1 443 year, but may be for a longer period under a multiyear 444 agreement, and may be terminated for just cause by the 445 department upon 60 days’ advance notice. Just cause for 446 termination of a concession agreement includes, but is not 447 limited to, violation of the terms of the concession agreement 448 or this section. 449 (2) Pursuant to s. 287.057, the department may contract for 450 the provision of services related to the trail sponsorship 451 program, including recruitment and qualification of businesses, 452 review of applications, permit issuance, and fabrication, 453 installation, and maintenance of signs, pavement markings, and 454 exhibits. The department may reject all proposals and seek 455 another request for proposals or otherwise perform the work. The 456 contract may allow the contractor to retain a portion of the 457 annual fees as compensation for its services. 458 (3) This section does not create a proprietary or 459 compensable interest in any sponsorship site or location for any 460 permittee, and the department may terminate permits or change 461 locations of sponsorship sites as it determines necessary for 462 construction or improvement of facilities. 463 (4) The department may adopt rules to establish 464 requirements for qualification of businesses, qualification and 465 location of sponsorship sites, and permit applications and 466 processing. The department may adopt rules to establish other 467 criteria necessary to implement this section and to provide for 468 variances when necessary to serve the interest of the public or 469 when required to ensure equitable treatment of program 470 participants. 471 Section 7. Paragraph (b) of subsection (7) of section 472 373.036, Florida Statutes, is amended, present paragraphs (d) 473 and (e) of subsection (7) are redesignated as paragraphs (e) and 474 (f), respectively, and a new paragraph (d) is added to that 475 subsection, to read: 476 373.036 Florida water plan; district water management 477 plans.— 478 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.— 479 (b) The consolidated annual report shall contain the 480 following elements, as appropriate to that water management 481 district: 482 1. A district water management plan annual report or the 483 annual work plan report allowed in subparagraph (2)(e)4. 484 2. The department-approved minimum flows and levels annual 485 priority list and schedule required by s. 373.042(3)s.486373.042(2). 487 3. The annual 5-year capital improvements plan required by 488 s. 373.536(6)(a)3. 489 4. The alternative water supplies annual report required by 490 s. 373.707(8)(n). 491 5. The final annual 5-year water resource development work 492 program required by s. 373.536(6)(a)4. 493 6. The Florida Forever Water Management District Work Plan 494 annual report required by s. 373.199(7). 495 7. The mitigation donation annual report required by s. 496 373.414(1)(b)2. 497 (d) The consolidated annual report must contain information 498 on all projects related to water quality or water quantity as 499 part of a 5-year work program, including: 500 1. A list of all specific projects identified to implement 501 a basin management action plan or a recovery or prevention 502 strategy; 503 2. A priority grading scale representing the level of 504 impairment and violations of adopted or interim minimum flow or 505 minimum water level for each watershed, water body, or water 506 segment in which a project is located; 507 3. A priority ranking for each listed project, which must 508 be made available to the public for comment at least 30 days 509 before submission of the consolidated annual report; 510 4. The estimated cost for each listed project; 511 5. The estimated completion date for each listed project; 512 6. The source and amount of financial assistance to be made 513 available by the department, a water management district, or 514 other entity for each listed project; and 515 7. A quantitative estimate of each listed project’s benefit 516 to the watershed, water body, or water segment in which it is 517 located. 518 Section 8. Subsection (1) and present subsections (2) and 519 (6) of section 373.042, Florida Statutes, are amended, present 520 subsections (2) through (6) of that section are redesignated as 521 subsections (3) through (7), respectively, and a new subsection 522 (2) is added to that section, to read: 523 373.042 Minimum flows and levels.— 524 (1) Within each section, or within the water management 525 district as a whole, the department or the governing board shall 526 establish the following: 527 (a) Minimum flow for all surface watercourses in the area. 528 The minimum flow for a given watercourse isshall bethe limit 529 at which further withdrawals would be significantly harmful to 530 the water resources or ecology of the area. 531 (b) Minimum water level. The minimum water level isshall532bethe level of groundwater in an aquifer and the level of 533 surface water at which further withdrawals would be 534 significantly harmful to the water resources or ecology of the 535 area. 536 (c) Minimum flow or minimum water level for an Outstanding 537 Florida Spring, as defined in s. 373.802. The minimum flow or 538 minimum water level are the limit and level, respectively, at 539 which further withdrawals would be harmful to the water 540 resources or ecology of the area. 541 542 The minimum flow and minimum water level shall be calculated by 543 the department and the governing board using the best 544 information available. When appropriate, minimum flows and 545 minimum water levels may be calculated to reflect seasonal 546 variations. The department and the governing board shallalso547 consider, and at their discretion may provide for, the 548 protection of nonconsumptive uses in the establishment of 549 minimum flows and minimum water levels. 550 (2)(a) Until such time as a minimum flow or minimum water 551 level is adopted for an Outstanding Florida Spring, the interim 552 minimum flow or minimum water level for such spring shall be 553 determined by using the best existing and available information. 554 The interim minimum flow or minimum water level is the flow or 555 water level exceeded 67 percent of the time based upon an 556 analysis of estimated long-term conditions. By January 1, 2016, 557 the districts shall use reasonable calculations to estimate the 558 long-term median flow or water level and the flow or water level 559 that would be exceeded 67 percent of the time. The analysis may 560 include construction of a flow or water level duration curve, an 561 analysis of the flow or water level at any point in the spring, 562 and historic data to extrapolate the values or other statistical 563 methods to estimate the long-term median flow or water level 564 that would be exceeded 67 percent of the time. 565 (b) If a minimum flow or minimum water level has been 566 established but not yet adopted for an Outstanding Florida 567 Spring, a water management district shall use the established 568 minimum flow or minimum water level, instead of the minimum flow 569 or minimum water level established by the procedure in paragraph 570 (a), as the interim minimum flow or minimum water level until 571 the adoption of a minimum flow or minimum water level. 572 (c) For Outstanding Florida Springs identified on a water 573 management district’s priority list developed pursuant to 574 subsection (3) which have the potential to be affected by 575 withdrawals in an adjacent district, the interim minimum flow or 576 minimum water level shall be applied by the adjacent district or 577 districts. By July 1, 2017, the adjacent districts and the 578 department shall collaboratively develop and implement a 579 recovery or prevention strategy for an Outstanding Florida 580 Spring not meeting an adopted or interim minimum flow or minimum 581 water level. 582 (3)(2)By November 15, 1997, and annually thereafter, each 583 water management district shall submit to the department for 584 review and approval a priority list and schedule for the 585 establishment of minimum flows and levels for surface 586 watercourses, aquifers, and surface waters within the district. 587 The priority list and schedule shall identify those listed water 588 bodies for which the district will voluntarily undertake 589 independent scientific peer review; any reservations proposed by 590 the district to be established pursuant to s. 373.223(4); and 591 those listed water bodies that have the potential to be affected 592 by withdrawals in an adjacent district for which the 593 department’s adoption of a reservation pursuant to s. 373.223(4) 594 or a minimum flow or level pursuant to subsection (1) may be 595 appropriate. By March 1, 2006, and annually thereafter, each 596 water management district shall include its approved priority 597 list and schedule in the consolidated annual report required by 598 s. 373.036(7). The priority list shall be based upon the 599 importance of the waters to the state or region and the 600 existence of or potential for significant harm to the water 601 resources or ecology of the state or region, and shall include 602 those waters which are experiencing or may reasonably be 603 expected to experience adverse impacts. Each water management 604 district’s priority list and schedule shall include all first 605 magnitude springs, and all second magnitude springs within state 606 or federally owned lands purchased for conservation purposes. 607 The specific schedule for establishment of spring minimum flows 608 and levels shall be commensurate with the existing or potential 609 threat to spring flow from consumptive uses. Springs within the 610 Suwannee River Water Management District, or second magnitude 611 springs in other areas of the state, need not be included on the 612 priority list if the water management district submits a report 613 to the Department of Environmental Protection demonstrating that 614 adverse impacts are not now occurring nor are reasonably 615 expected to occur from consumptive uses during the next 20 616 years. The priority list and schedule is not subject to any 617 proceeding pursuant to chapter 120. Except as provided in 618 subsection (4)(3), the development of a priority list and 619 compliance with the schedule for the establishment of minimum 620 flows and levels pursuant to this subsection satisfies the 621 requirements of subsection (1). 622 (7)(6)If a petition for administrative hearing is filed 623 under chapter 120 challenging the establishment of a minimum 624 flow or level, the report of an independent scientific peer 625 review conducted under subsection (5)(4)is admissible as 626 evidence in the final hearing, and the administrative law judge 627 must render the order within 120 days after the filing of the 628 petition. The time limit for rendering the order shall not be 629 extended except by agreement of all the parties. To the extent 630 that the parties agree to the findings of the peer review, they 631 may stipulate that those findings be incorporated as findings of 632 fact in the final order. 633 Section 9. Paragraph (a) of subsection (1) of section 634 373.0421, Florida Statutes, is amended to read: 635 373.0421 Establishment and implementation of minimum flows 636 and levels.— 637 (1) ESTABLISHMENT.— 638 (a) Considerations.—When establishing minimum flows and 639 minimum water levels pursuant to s. 373.042, the department or 640 governing board shall consider changes and structural 641 alterations to watersheds, surface waters, and aquifers and the 642 effects such changes or alterations have had, and the 643 constraints such changes or alterations have placed, on the 644 hydrology of an affected watershed, surface water, or aquifer, 645 provided that nothing in this paragraph shall allow significant 646 harm as provided by s. 373.042(1)(a) and (b), or harm as 647 provided by s. 373.042(1)(c), caused by withdrawals. 648 Section 10. Part VIII of chapter 373, Florida Statutes, 649 consisting of sections 373.801, 373.802, 373.803, 373.805, 650 373.807, 373.809, 373.811, 373.813, and 373.815, Florida 651 Statutes, is created and entitled the “Florida Springs and 652 Aquifer Protection Act.” 653 Section 11. Section 373.801, Florida Statutes, is created 654 to read: 655 373.801 Legislative findings and intent.— 656 (1) The Legislature finds that springs are a unique part of 657 this state’s scenic beauty. Springs provide critical habitat for 658 plants and animals, including many endangered or threatened 659 species. Springs also provide immeasurable natural, 660 recreational, economic, and inherent value. Flow level and water 661 quality of springs are indicators of local conditions of the 662 Floridan Aquifer, which is the source of drinking water for many 663 residents of this state. Springs are of great scientific 664 importance in understanding the diverse functions of aquatic 665 ecosystems. In addition, springs provide recreational 666 opportunities for swimming, canoeing, wildlife watching, 667 fishing, cave diving, and many other activities in this state. 668 These recreational opportunities and the accompanying tourism 669 they provide are a benefit to local economies and the economy of 670 the state as a whole. 671 (2) Water quantity and water quality in springs are 672 related. For regulatory purposes, the department has primary 673 responsibility for water quality; the water management districts 674 have primary responsibility for water quantity; the Department 675 of Agriculture and Consumer Services has primary responsibility 676 for the development and implementation of best management 677 practices; and the local governments have primary responsibility 678 for providing wastewater and stormwater management. The 679 foregoing responsible entities must coordinate to restore and 680 maintain the water quantity and water quality of the Outstanding 681 Florida Springs. 682 (3) The Legislature recognizes that: 683 (a) Springs are only as healthy as their springsheds. The 684 groundwater that supplies springs is derived from water that 685 recharges the aquifer system in the form of seepage from the 686 land surface and through direct conduits, such as sinkholes. 687 Springs may be adversely affected by polluted runoff from urban 688 and agricultural lands; discharge resulting from inadequate 689 wastewater and stormwater management practices; stormwater 690 runoff; and reduced water levels of the Floridan Aquifer. As a 691 result, the hydrologic and environmental conditions of a spring 692 or spring run are directly influenced by activities and land 693 uses within a springshed and by water withdrawals from the 694 Floridan Aquifer. 695 (b) Springs, whether found in urban or rural settings, or 696 on public or private lands, are threatened by actual or 697 potential flow reductions and declining water quality. Many of 698 this state’s springs are demonstrating signs of significant 699 ecological imbalance, increased nutrient loading, and declining 700 water flow. Without effective remedial action, further declines 701 in water quality and water quantity may occur. 702 (c) Springshed boundaries and areas of high vulnerability 703 within a springshed need to be identified and delineated using 704 the best available data. 705 (d) Springsheds typically cross water management district 706 boundaries and local government jurisdictional boundaries, so a 707 coordinated statewide springs protection plan is needed. 708 (e) The aquifers and springs of this state are complex 709 systems affected by many variables and influences. 710 (4) The Legislature recognizes that sufficient information 711 exists to act, action is urgently needed, and, as additional 712 data is acquired, action must be continually modified. 713 Section 12. Section 373.802, Florida Statutes, is created 714 to read: 715 373.802 Definitions.—As used in this part, the term: 716 (1) “Department” means the Department of Environmental 717 Protection, which includes the Florida Geological Survey or its 718 successor agencies. 719 (2) “Local government” means a county or municipal 720 government the jurisdictional boundaries of which include an 721 Outstanding Florida Spring or any part of a springshed or 722 delineated spring protection and management zone of an 723 Outstanding Florida Spring. 724 (3) “Onsite sewage treatment and disposal system” means a 725 system that contains a standard subsurface, filled, or mound 726 drainfield system; an aerobic treatment unit; a graywater system 727 tank; a laundry wastewater system tank; a septic tank; a grease 728 interceptor; a pump tank; a solids or effluent pump; a 729 waterless, incinerating, or organic waste-composting toilet; or 730 a sanitary pit privy that is installed or proposed to be 731 installed beyond the building sewer on land of the owner or on 732 other land on which the owner has the legal right to install 733 such system. The term includes any item placed within, or 734 intended to be used as a part of or in conjunction with, the 735 system. The term does not include package sewage treatment 736 facilities and other treatment works regulated under chapter 737 403. 738 (4) “Outstanding Florida Spring” includes all historic 739 first magnitude springs, as determined by the department using 740 the most recent Florida Geological Survey springs bulletin, and 741 the following springs, and their associated spring runs: 742 (a) De Leon Springs; 743 (b) Peacock Springs; 744 (c) Poe Springs; 745 (d) Rock Springs; 746 (e) Wekiwa Springs; and 747 (f) Gemini Springs. 748 (5) “Springshed” means the areas within the groundwater and 749 surface water basins which contribute, based upon all relevant 750 facts, circumstances, and data, to the discharge of a spring as 751 defined by potentiometric surface maps and surface watershed 752 boundaries. 753 (6) “Spring protection and management zone” means the area 754 or areas of a springshed where the Floridan Aquifer is 755 vulnerable to sources of contamination or reduced levels, as 756 determined by the department in consultation with the 757 appropriate water management districts. 758 (7) “Spring run” means a body of flowing water that 759 originates from a spring or whose primary source of water is a 760 spring or springs under average rainfall conditions. 761 (8) “Spring vent” means a location where groundwater flows 762 out of a natural, discernable opening in the ground onto the 763 land surface or into a predominantly fresh surface water body. 764 Section 13. Section 373.803, Florida Statutes, is created 765 to read: 766 373.803 Delineation of spring protection and management 767 zones for Outstanding Florida Springs.—Using the best data 768 available from the water management districts and other credible 769 sources, the department, in coordination with the water 770 management districts, shall delineate one or more spring 771 protection and management zones for each Outstanding Florida 772 Spring. In delineating spring protection and management zones, 773 the department shall consider groundwater travel time to the 774 spring, hydrogeology, and nutrient load. The delineation of 775 spring protection and management zones must be completed by July 776 1, 2016. In conjunction with delineating spring protection and 777 management zones, the department shall adopt by rule maps and 778 legal descriptions that depict the delineated spring protection 779 and management zones as soon as practicable but no later than 780 July 1, 2017. 781 Section 14. Section 373.805, Florida Statutes, is created 782 to read: 783 373.805 Minimum flows and minimum water levels for 784 Outstanding Florida Springs.— 785 (1)(a) At the time a minimum flow or minimum water level is 786 adopted for an Outstanding Florida Spring, if the spring is 787 below or is projected within 20 years to fall below the minimum 788 flow or minimum water level, a water management district or the 789 department shall simultaneously adopt a recovery or prevention 790 strategy. 791 (b) When an interim minimum flow or minimum water level is 792 established pursuant to s. 373.042(2) for an Outstanding Florida 793 Spring, the water management district or the department shall 794 adopt a recovery or prevention strategy by July 1, 2017, if the 795 spring is below or is projected within 20 years to fall below 796 the interim minimum flow or minimum water level. 797 (2) For an Outstanding Florida Spring, a minimum flow or 798 minimum water level adopted before July 1, 2015, must be revised 799 by July 1, 2018. When a minimum flow or minimum water level is 800 revised, if the spring is below or is projected within 20 years 801 to fall below the revised minimum flow or minimum water level, a 802 water management district or the department shall simultaneously 803 adopt a recovery or prevention strategy or modify an existing 804 recovery or prevention strategy. A district or the department 805 may adopt the revised minimum flow or minimum water level before 806 the adoption of a recovery or prevention strategy if the revised 807 minimum flow or minimum water level is less constraining on 808 existing or projected future consumptive uses. 809 (3) For an Outstanding Florida Spring without an adopted 810 recovery or prevention strategy, if a district or the department 811 determines the spring has fallen below, or is projected within 812 20 years to fall below the adopted or interim minimum flow or 813 minimum water level, a water management district or the 814 department shall expeditiously adopt a recovery or prevention 815 strategy. 816 (4) The recovery or prevention strategy for each 817 Outstanding Florida Spring must, at a minimum, include: 818 (a) A listing of all specific projects identified for 819 implementation of the plan; 820 (b) A priority listing of each project; 821 (c) For each listed project, the estimated cost of and the 822 estimated date of completion; 823 (d) The source and amount of financial assistance to be 824 made available by the water management district for each listed 825 project, which may not be less than 25 percent of the total 826 project cost unless a specific funding source or sources are 827 identified which will provide more than 75 percent of the total 828 project cost. The Northwest Florida Water Management District 829 and the Suwannee River Water Management District are not 830 required to provide matching funds pursuant to this paragraph; 831 (e) An estimate of each listed project’s benefit to an 832 Outstanding Florida Spring; 833 (f) A map and legal descriptions depicting the spring 834 protection and management zones established pursuant to s. 835 373.803; and 836 (g) An implementation plan to achieve the adopted or 837 interim minimum flow or minimum water level within 20 years 838 after the adoption of a recovery or prevention strategy. The 839 implementation plan must include measureable interim milestones 840 to be achieved within 5, 10, and 15 years, respectively, to 841 achieve the adopted or interim minimum flow or minimum water 842 level. 843 (5) A local government may apply to the department for an 844 extension of up to 5 years for any project in an adopted 845 recovery or prevention strategy. The department may grant the 846 extension if the local government provides to the department 847 sufficient evidence that an extension is in the best interest of 848 the public. For a local government in a rural area of 849 opportunity, as defined in s. 288.0656, the department may grant 850 an extension of up to 10 years. 851 Section 15. Section 373.807, Florida Statutes, is created 852 to read: 853 373.807 Protection of water quality in Outstanding Florida 854 Springs.—By July 1, 2015, the department shall initiate 855 assessment, pursuant to s. 403.067(3), of each Outstanding 856 Florida Spring for which an impairment determination has not 857 been made under the numeric nutrient standards in effect for 858 spring vents. Assessments must be completed by July 1, 2018. 859 (1)(a) Simultaneously with the adoption of a nutrient total 860 maximum daily load for an Outstanding Florida Spring, the 861 department, or the department in conjunction with a water 862 management district, shall initiate development of a basin 863 management action plan, as specified in s. 403.067. For an 864 Outstanding Florida Spring with a nutrient total maximum daily 865 load adopted before July 1, 2015, the department, or the 866 department in conjunction with a water management district, 867 shall initiate development of a basin management action plan by 868 July 1, 2015. During the development of a basin management 869 action plan, if the department identifies onsite sewage 870 treatment and disposal systems as significant nonpoint sources 871 of nutrient pollution which need to be addressed within a local 872 government jurisdiction, the department shall notify the local 873 government within 30 days. The local government shall develop an 874 onsite sewage treatment and disposal system remediation plan 875 pursuant to subsection (3) for those systems identified as 876 significant nonpoint sources of nutrient pollution for inclusion 877 in the basin management action plan. 878 (b) A basin management action plan for an Outstanding 879 Florida Spring shall be adopted within 3 years after its 880 initiation and must include, at a minimum: 881 1. A list of all specific projects identified to implement 882 a nutrient total maximum daily load; 883 2. A list of all specific projects identified in an onsite 884 sewage treatment and disposal system remediation plan, if 885 applicable; 886 3. A priority rank for each listed project; 887 4. For each listed project, the estimated cost of and the 888 estimated date of completion; 889 5. The source and amount of financial assistance to be made 890 available by the department, a water management district, or 891 other entity for each listed project; 892 6. An estimate of each listed project’s nutrient load 893 reduction; 894 7. A map and legal descriptions depicting the spring 895 protection and management zones established pursuant to s. 896 373.803; 897 8. Identification of each point source or category of 898 nonpoint sources, including, but not limited to, urban turf 899 fertilizer, sports turf fertilizer, agricultural fertilizer, 900 onsite sewage treatment and disposal systems, wastewater 901 treatment facilities, animal wastes, and stormwater facilities. 902 An estimated allocation of the pollutant load must be provided 903 for each point source or category of nonpoint sources; and 904 9. An implementation plan to achieve the adopted nutrient 905 total maximum daily load within 20 years after the adoption of a 906 basin management action plan. The plan must include measureable 907 interim milestones to be achieved within 5, 10, and 15 years, 908 respectively, to achieve the adopted nutrient total maximum 909 daily load. 910 (c) For a basin management action plan adopted before July 911 1, 2015, which addresses an Outstanding Florida Spring, the 912 department or the department in conjunction with a water 913 management district must revise the plan pursuant to this 914 section by July 1, 2018. 915 (d) Upon approval of an onsite sewage treatment and 916 disposal system remediation plan by the department, the plan 917 shall be deemed incorporated as part of the appropriate basin 918 management action plan pursuant to s. 403.067(7) until such time 919 as the basin management action plan is revised. 920 (e) A local government may apply to the department for an 921 extension of up to 5 years for any project in an adopted basin 922 management action plan. A local government in a rural area of 923 opportunity, as defined in s. 288.0656, may apply for an 924 extension of up to 10 years for such a project. The department 925 may grant the extension if the local government provides to the 926 department sufficient evidence that an extension is in the best 927 interest of the public. 928 (2) Within 6 months after the delineation of a spring 929 protection and management zone or zones of an Outstanding 930 Florida Spring that is fully or partially within the 931 jurisdiction of a local government, a local government must 932 develop, enact, and implement an ordinance that meets or exceeds 933 the requirements of the department’s Model Ordinance for 934 Florida-Friendly Fertilizer Use on Urban Landscapes. Such 935 ordinance must require that, within a spring protection and 936 management zone of an Outstanding Florida Spring with an adopted 937 nutrient total maximum daily load, the nitrogen application rate 938 of any fertilizer applied to turf or landscape plants may not 939 exceed the lowest basic maintenance rate of the most recent 940 recommendations by the Institute of Food and Agricultural 941 Sciences. The department shall adopt rules to implement this 942 subsection which establish reasonable minimum standards and 943 reflect advancements or improvements regarding nutrient load 944 reductions. 945 (3) By July 1, 2017, the department, in conjunction with 946 the Department of Health and local governments, must identify 947 onsite sewage treatment and disposal systems within each spring 948 protection and management zone. Within 60 days after the 949 department’s completion of the identification of these systems, 950 the department shall provide the location of the systems to the 951 local governments in which they are located. If notified by the 952 department pursuant to subsection (1), the local government, in 953 consultation with the department, shall develop an onsite sewage 954 treatment and disposal system remediation plan within 12 months 955 after notification by the department. For each onsite sewage 956 treatment and disposal system or group of systems that is a 957 significant contributor of nonpoint source nutrient pollution, 958 the plan must include whether the system requires repair, 959 upgrade, connection to a central sewerage system, or no action. 960 The plan must include a priority ranking for each system or 961 group of systems that require remediation. Each remediation plan 962 must be submitted to the department for approval. 963 (a) In reviewing and approving the remediation plans, the 964 department shall consider, at a minimum: 965 1. The density of onsite sewage treatment and disposal 966 systems; 967 2. The number of onsite sewage treatment and disposal 968 systems; 969 3. The proximity of the onsite sewage treatment and 970 disposal system or systems to an Outstanding Florida Spring; 971 4. The estimated nutrient loading of the onsite sewage 972 treatment and disposal system or systems; and 973 5. The cost of the proposed remedial action. 974 (b) Before submitting an onsite sewage treatment and 975 disposal system remediation plan to the department, the local 976 government shall hold at least one public meeting to provide the 977 public an opportunity to comment on the plan. The approval of an 978 onsite sewage treatment and disposal system remediation plan by 979 the department constitutes a final agency action. 980 (c) If a local government does not substantially comply 981 with this subsection, it may be ineligible for funding pursuant 982 to s. 373.809. 983 (d) With respect to implementation of an onsite sewage 984 treatment and disposal system remediation plan, a property owner 985 with an onsite sewage treatment and disposal system identified 986 by the plan may not be required to pay any of the cost of a 987 system inspection, to upgrade a system, or of connection fees 988 for connection to a sanitary sewer system. This paragraph does 989 not apply to local government programs in existence before July 990 1, 2015, which are inconsistent with this paragraph. 991 Section 16. Section 373.809, Florida Statutes, is created 992 to read: 993 373.809 Funding for the restoration and preservation of 994 Outstanding Florida Springs.— 995 (1) By December 31, 2015, the department shall adopt rules 996 to fund pilot projects that test the effectiveness of innovative 997 or existing nutrient reduction or water conservation 998 technologies or practices designed to minimize nutrient 999 pollution or restore flows in the springs of this state. The 1000 department may approve funding for pilot projects each funding 1001 cycle if the department determines that the pilot project will 1002 not be harmful to the ecological resources in the study area. 1003 (2) By December 31, 2015, the department shall adopt rules 1004 to evaluate, rank, and select projects eligible for funding 1005 under this part or land acquisition under s. 375.041. In 1006 developing these rules, the department shall give preference to 1007 the projects that will result in the greatest improvement to 1008 water quality and water quantity for the dollars to be expended 1009 for the project. At a minimum, the department shall consider all 1010 of the following: 1011 (a) The level of nutrient impairment of the Outstanding 1012 Florida Spring in which the project is located. 1013 (b) The quantity of pollutants, particularly total 1014 nitrogen, which the project is estimated to remove from an 1015 Outstanding Florida Spring with an adopted nutrient total 1016 maximum daily load. 1017 (c) The flow necessary to restore the Outstanding Florida 1018 Spring to its adopted or interim minimum flow or minimum water 1019 level. 1020 (d) The anticipated impact the project will have on 1021 restoring or increasing water flow or water level. 1022 (e) The amount of matching funds for the project which will 1023 be provided by the entities responsible for implementing the 1024 project. 1025 (f) Whether the project is located in a rural area of 1026 opportunity, as defined in s. 288.0656, with preference given to 1027 the local government responsible for implementing the project. 1028 (g) For multiple-year projects, whether the project has 1029 funding sources that are identified and assured through the 1030 expected completion date of the project. 1031 (h) The cost of the project and the length of time it will 1032 take to complete relative to its expected benefits. 1033 (i) Whether the entities responsible for implementing the 1034 project, since July 1, 2010, have used their own funds for 1035 projects to improve water quality or conserve water use within a 1036 springshed or spring protection and management zone of an 1037 Outstanding Florida Spring, with preference given to those 1038 entities that have expended such funds. 1039 Section 17. Section 373.811, Florida Statutes, is created 1040 to read: 1041 373.811 Prohibited activities within a spring protection 1042 and management zone.—The following activities are prohibited 1043 within a spring protection and management zone of an Outstanding 1044 Florida Spring: 1045 (1) New municipal or industrial wastewater disposal 1046 facilities, including rapid infiltration basins, with permitted 1047 capacities of 100,000 gallons per day or more, except for those 1048 facilities that meet an advanced wastewater treatment standard 1049 of no more than 3 mg/l Total Nitrogen, expressed as N, on an 1050 annual permitted basis, or a more stringent treatment standard 1051 if the department determines the more stringent standard is 1052 necessary to prevent impairment or aid in the recovery of an 1053 Outstanding Florida Spring. 1054 (2) Beginning 6 months after the Department of Health 1055 approves passive nitrogen removing onsite sewage treatment and 1056 disposal systems, new onsite sewage treatment and disposal 1057 systems on lots of less than 1 acre, except for passive nitrogen 1058 removing onsite sewage treatment and disposal systems. 1059 (3) New facilities for the disposal of hazardous waste. 1060 (4) The land application of Class A or Class B domestic 1061 wastewater biosolids or septage. 1062 (5) New agriculture operations that do not implement best 1063 management practices, measures necessary to achieve pollution 1064 reduction levels established by the department, or a groundwater 1065 monitoring plan approved by a water management district or the 1066 department. 1067 Section 18. Section 373.813, Florida Statutes, is created 1068 to read: 1069 373.813 Rules.— 1070 (1) The department shall adopt rules to create a program to 1071 improve water quantity and water quality to administer this 1072 part, as applicable. In developing rules to administer s. 1073 373.809, the department shall use the Total Maximum Daily Load 1074 Water Quality Restoration Grants rule for guidance in developing 1075 a comparable program for the restoration and protection of the 1076 water quality and water quantity for Outstanding Florida 1077 Springs. 1078 (2) The Department of Health, the Department of Agriculture 1079 and Consumer Services, and the water management districts, as 1080 appropriate, may adopt rules to administer this part, as 1081 applicable. 1082 (3)(a) The Department of Agriculture and Consumer Services 1083 is the lead agency coordinating the reduction of agricultural 1084 nonpoint sources of pollution for the protection of Outstanding 1085 Florida Springs. The Department of Agriculture and Consumer 1086 Services and the department, pursuant to s. 403.067(7)(c)4., 1087 shall study new or revised best management practices for 1088 improving and protecting Outstanding Florida Springs and, if 1089 necessary, in cooperation with applicable local governments and 1090 stakeholders, initiate rulemaking to require the implementation 1091 of such practices within a reasonable time period. 1092 (b) The department, the Department of Agriculture and 1093 Consumer Services, and the University of Florida Institute of 1094 Food and Agricultural Sciences shall cooperate in conducting the 1095 necessary research and demonstration projects to develop 1096 improved or additional nutrient management tools, including the 1097 use of controlled release fertilizer that can be used by 1098 agricultural producers as part of an agricultural best 1099 management practices program. The development of such tools must 1100 reflect a balance between water quality improvement and 1101 agricultural productivity and, if applicable, must be 1102 incorporated into the revised best management practices adopted 1103 by rule by the Department of Agriculture and Consumer Services. 1104 Section 19. Section 373.815, Florida Statutes, is created 1105 to read: 1106 373.815 Reports.—Each July 1, beginning July 1, 2016, the 1107 department, in conjunction with the water management districts, 1108 shall submit progress reports to the Governor, the President of 1109 the Senate, and the Speaker of the House of Representatives on 1110 the status of each total maximum daily load, basin management 1111 action plan, minimum flow or minimum water level, and recovery 1112 or prevention strategy adopted pursuant to this part. The report 1113 must include the status of each project identified to achieve an 1114 adopted total maximum daily load or an adopted or interim 1115 minimum flow or minimum water level, as applicable. If a report 1116 indicates that any of the interim 5-, 10-, or 15-year 1117 milestones, or the 20-year deadline will not be met, the report 1118 must include specific corrective actions that will be taken to 1119 achieve these milestones and deadlines, and, if necessary, 1120 executive and legislative recommendations to that end. 1121 Section 20. Subsection (25) of section 403.061, Florida 1122 Statutes, is amended and subsection (45) is added to that 1123 section, to read: 1124 403.061 Department; powers and duties.—The department shall 1125 have the power and the duty to control and prohibit pollution of 1126 air and water in accordance with the law and rules adopted and 1127 promulgated by it and, for this purpose, to: 1128 (25)(a) Establish and administer a program for the 1129 restoration and preservation of bodies of water within the 1130 state. The department shall have the power to acquire lands, to 1131 cooperate with other applicable state or local agencies to 1132 enhance existing public access to such bodies of water, and to 1133 adopt all rules necessary to accomplish this purpose. 1134 (b) Create a consolidated water resources work plan, in 1135 consultation with state agencies, water management districts, 1136 and local governments, which provides a geographic depiction of 1137 the total inventory of water resources projects currently under 1138 construction, completed in the previous 5 years, or planned to 1139 begin construction in the next 5 years. The consolidated work 1140 plan must include for each project a description of the project, 1141 the total cost of the project, and identification of the 1142 governmental entity financing the project. This information 1143 together with the information provided pursuant to paragraph 1144 (45)(a) is intended to facilitate the ability of the Florida 1145 Water Resources Advisory Council, the Legislature, and the 1146 public to consider the projects contained in the tentative water 1147 resources work program developed pursuant to s. 403.0616 in 1148 relation to all projects undertaken within a 10-year period and 1149 the existing condition of water resources in the project area 1150 and in the state as a whole. The department may adopt all rules 1151 necessary to accomplish this purpose. 1152 (45)(a) Create and maintain a web-based, interactive map 1153 that includes, at a minimum: 1154 1. All watersheds and each water body within those 1155 watersheds; 1156 2. The county or counties in which the watershed or water 1157 body is located; 1158 3. The water management district or districts in which the 1159 watershed or water body is located; 1160 4. Whether a minimum flow or minimum water level has been 1161 adopted for the water body, and if such minimum flow or minimum 1162 water level has not been adopted, the anticipated adoption date; 1163 5. Whether a recovery or prevention strategy has been 1164 adopted for the watershed or water body and, if such a plan has 1165 not been adopted, the anticipated adoption date; 1166 6. The impairment status of each watershed or water body; 1167 7. Whether a total maximum daily load has been adopted if 1168 the watershed or water body is listed as impaired and, if such 1169 total maximum daily load has not been adopted, the anticipated 1170 adoption date; 1171 8. Whether a basin management action plan has been adopted 1172 for the watershed and, if such a plan has not been adopted, the 1173 anticipated adoption date; 1174 9. Each project listed on the 5-year water resources work 1175 program developed pursuant to s. 373.036(7); 1176 10. The agency or agencies and local sponsor, if any, 1177 responsible for overseeing the project; 1178 11. The estimated cost and completion date of each project 1179 and the financial contribution of each entity; 1180 12. The quantitative estimated benefit to the watershed or 1181 water body; and 1182 13. The water projects completed within the last 5 years 1183 within the watershed or water body. 1184 (b) The department and each water management district shall 1185 prominently display on their respective websites a hyperlink to 1186 the interactive map required by this subsection. 1187 1188 The department shall implement such programs in conjunction with 1189 its other powers and duties and shall place special emphasis on 1190 reducing and eliminating contamination that presents a threat to 1191 humans, animals or plants, or to the environment. 1192 Section 21. Section 403.0616, Florida Statutes, is created 1193 to read: 1194 403.0616 Florida Water Resources Advisory Council.— 1195 (1) The Florida Water Resources Advisory Council is hereby 1196 created within the department for the purpose of evaluating 1197 water resource projects prioritized and submitted by state 1198 agencies, water management districts, or local governments. The 1199 council shall evaluate and recommend projects that are eligible 1200 for state funding as priority projects of statewide, regional, 1201 or critical local importance under this chapter or chapter 373. 1202 The council must review and evaluate all water resource projects 1203 that are prioritized and reported by state agencies or water 1204 management districts pursuant to s. 373.036(7)(d)3., or by local 1205 governments, if applicable, in order to provide the Legislature 1206 with recommendations for projects that improve or restore the 1207 water resources of this state. 1208 (2) The Florida Water Resources Advisory Council consists 1209 of five voting members and five ex officio, nonvoting members as 1210 follows: 1211 (a) The Secretary of Environmental Protection, who shall 1212 serve as chair of the council; the Commissioner of Agriculture; 1213 the executive director of the Fish and Wildlife Conservation 1214 Commission; one member with expertise in a scientific discipline 1215 related to water resources, appointed by the President of the 1216 Senate; and one member with expertise in a scientific discipline 1217 related to water resources, appointed by the Speaker of the 1218 House of Representatives, all of whom shall be voting members. 1219 (b) The executive directors of each of the five water 1220 management districts, all of whom shall be nonvoting members. 1221 (3) Members appointed by the President of the Senate and 1222 Speaker of the House of Representatives shall serve 2-year terms 1223 but may not serve more than a total of 6 years. The President of 1224 the Senate and Speaker of the House of Representatives may fill 1225 a vacancy at any time for an unexpired term of an appointed 1226 member. 1227 (4) If a member of the council is disqualified from serving 1228 because he or she no longer holds the position required to serve 1229 under this section, the interim head of the agency shall serve 1230 as the agency representative. 1231 (5) The two appointed council members shall receive 1232 reimbursement for expenses and per diem for travel to attend 1233 council meetings authorized pursuant to s. 112.061 while in the 1234 performance of their duties. 1235 (6) The council shall hold periodic meetings at the request 1236 of the chair but must hold at least eight public meetings each 1237 year in which the public has the opportunity to participate and 1238 comment. Unless otherwise provided by law, notice for each 1239 meeting must be published in a newspaper of general circulation 1240 in the area where the meeting is to be held at least 5 days but 1241 no more than 15 days before the meeting date. 1242 (a) By July 15 of each year, the council shall release a 1243 tentative water resources work program containing legislative 1244 recommendations for water resource projects. The public has 30 1245 days to submit comments regarding the tentative program. 1246 (b) The council shall adopt the tentative work program 1247 containing its legislative recommendations and submit it to the 1248 Governor, the President of the Senate, and the Speaker of the 1249 House of Representatives by August 31 of each year. An 1250 affirmative vote of three members of the council is required to 1251 adopt the tentative work program. 1252 (7) The department shall provide primary staff support to 1253 the council and shall ensure that council meetings are 1254 electronically recorded. Such recordings must be preserved 1255 pursuant to chapters 119 and 257. 1256 (8) The council shall recommend rules for adoption by the 1257 department to competitively evaluate, select, and rank projects 1258 for the tentative water resources work program. The council 1259 shall develop specific criteria for the evaluation, selection, 1260 and ranking of projects, including a preference for projects 1261 that will have a significant, measurable impact on improving 1262 water quantity or water quality; projects in areas of greatest 1263 impairment; projects of state or regional significance; projects 1264 recommended by multiple districts or multiple local governments 1265 cooperatively; projects with a significant monetary commitment 1266 by the local project sponsor or sponsors; projects in rural 1267 areas of opportunity as defined in s. 288.0656; projects that 1268 may be funded through appropriate loan programs; and projects 1269 that have significant private contributions of time or money. 1270 (9) The department, in consultation with the Department of 1271 Agriculture and Consumer Services, the Fish and Wildlife 1272 Conservation Commission, and the water management districts, 1273 shall adopt rules to implement this section. 1274 Section 22. Section 403.0623, Florida Statutes, is amended 1275 to read: 1276 403.0623 Environmental data; quality assurance.— 1277 (1) The department must establish, by rule, appropriate 1278 quality assurance requirements for environmental data submitted 1279 to the department and the criteria by which environmental data 1280 may be rejected by the department. The department may adopt and 1281 enforce rules to establish data quality objectives and specify 1282 requirements for training of laboratory and field staff, sample 1283 collection methodology, proficiency testing, and audits of 1284 laboratory and field sampling activities. Such rules may be in 1285 addition to any laboratory certification provisions under ss. 1286 403.0625 and 403.863. 1287 (2)(a) The department, in coordination with the water 1288 management districts, shall establish standards for the 1289 collection of water quantity, water quality, and related data to 1290 ensure quality, reliability, and validity of the data and 1291 testing results. The water management districts shall submit 1292 such data collected after June 30, 2015, to the department for 1293 analysis. The department shall analyze the data to ensure 1294 statewide consistency. The department shall maintain a 1295 centralized database for all testing results and analyses, which 1296 must be accessible by the water management districts. 1297 (b) To the extent practicable, the department shall 1298 coordinate with federal agencies to ensure that its collection 1299 and analysis of water quality, water quantity, and related data, 1300 which may be used by any state agency, water management 1301 district, or local government, is consistent with this 1302 subsection. 1303 (c) In order to receive state funds for the acquisition of 1304 lands or the financing of a water resource project, state 1305 agencies and water management districts must use the 1306 department’s testing results and analysis, if available, as a 1307 prerequisite for any such request for funding. 1308 (d) The department and the water management districts may 1309 adopt rules to implement this subsection. 1310 Section 23. This act shall take effect July 1, 2015.