Bill Text: FL S1632 | 2023 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Protection
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1379 (Ch. 2023-169), CS/CS/HB 1279 (Ch. 2023-154) [S1632 Detail]
Download: Florida-2023-S1632-Comm_Sub.html
Bill Title: Environmental Protection
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1379 (Ch. 2023-169), CS/CS/HB 1279 (Ch. 2023-154) [S1632 Detail]
Download: Florida-2023-S1632-Comm_Sub.html
Florida Senate - 2023 CS for SB 1632
By the Committee on Environment and Natural Resources; and
Senator Brodeur
592-02770-23 20231632c1
1 A bill to be entitled
2 An act relating to environmental protection; amending
3 s. 163.3177, F.S.; revising the required components of
4 a local government comprehensive plan capital
5 improvements element and general sanitary sewer, solid
6 waste, drainage, potable water, and natural
7 groundwater aquifer recharge element; making technical
8 changes; requiring the update of comprehensive plans
9 by a specified date; providing applicability; amending
10 s. 253.025, F.S.; revising the real property purchase
11 agreements that must be submitted to and approved by
12 the Board of Trustees of the Internal Improvement
13 Trust Fund; increasing the estimated threshold that a
14 parcel to be acquired must meet before additional
15 appraisals are required; amending s. 259.032, F.S.;
16 authorizing the board to acquire interests in lands
17 that complete certain linkages within the Florida
18 wildlife corridor; conforming a provision to changes
19 made by the act; making technical changes; creating s.
20 373.469, F.S.; providing legislative findings and
21 intent; defining terms; providing the components of
22 the Indian River Lagoon Protection Program; requiring
23 the department to evaluate and update the basin
24 management action plans within the program at
25 specified intervals; requiring the department, in
26 coordination with specified entities, to identify and
27 prioritize strategies and projects to achieve certain
28 water quality standards and total maximum daily loads;
29 requiring the department, in coordination with
30 specified entities, to implement the Indian River
31 Lagoon Watershed Research and Water Quality Monitoring
32 Program for specified purposes; prohibiting the
33 installation of new onsite sewage treatment and
34 disposal systems beginning on a specified date under
35 certain circumstances; requiring that commercial or
36 residential properties with existing onsite sewage
37 treatment and disposal systems be connected to central
38 sewer or be upgraded to a certain system by a
39 specified date; providing construction; authorizing
40 the department and the governing boards of the St.
41 Johns River Water Management District and the South
42 Florida Water Management District to adopt rules;
43 amending s. 373.501, F.S.; requiring, rather than
44 authorizing, the department to transfer appropriated
45 funds to the water management districts for specified
46 purposes; requiring the districts to annually report
47 to the department on the use of such funds; amending
48 s. 373.802, F.S.; defining the term “enhanced
49 nutrient-reducing onsite sewage treatment and disposal
50 system”; amending s. 373.807, F.S.; conforming a
51 cross-reference; revising requirements for onsite
52 sewage treatment and disposal system remediation plans
53 for springs; amending s. 373.811, F.S.; prohibiting
54 new onsite sewage treatment and disposal systems
55 within basin management action plans in effect for
56 Outstanding Florida Springs under certain
57 circumstances; authorizing the installation of
58 enhanced or alternative systems for certain lots;
59 amending s. 381.0065, F.S.; defining the term
60 “enhanced nutrient-reducing onsite sewage treatment
61 and disposal system”; amending s. 381.00655, F.S.;
62 encouraging local governmental agencies that receive
63 funding for connecting onsite sewage treatment and
64 disposal systems to central sewer facilities to
65 provide notice of the funding availability to certain
66 owners of onsite sewage treatment and disposal systems
67 and to maintain a website with certain information
68 regarding the funding; reordering and amending s.
69 403.031, F.S.; defining and revising terms; amending
70 s. 403.067, F.S.; revising requirements for new or
71 revised basin management action plans; requiring that
72 basin management action plans include 5-year
73 milestones for implementation; requiring certain
74 entities to identify projects or strategies to meet
75 such milestones; prohibiting the installation of new
76 onsite sewage treatment and disposal systems within
77 specified areas under certain circumstances; requiring
78 the installation of enhanced or alternative systems
79 for certain lots; revising requirements for a basin
80 management action plan’s cooperative agricultural
81 regional water quality improvement element; amending
82 s. 403.0673, F.S.; renaming the wastewater grant
83 program as the water quality improvement grant
84 program; revising the purposes of the grant program;
85 specifying the projects for which the department may
86 provide grants under the program; requiring the
87 department to prioritize certain projects; requiring
88 the department to coordinate with each water
89 management district to annually identify projects;
90 requiring the department to coordinate with specified
91 entities to identify projects; revising reporting
92 requirements; amending s. 403.086, F.S.; revising the
93 waters that sewage disposal facilities are prohibited
94 from disposing wastes into; amending ss. 201.15,
95 259.105, 373.019, 373.4132, 373.414, 373.4142,
96 373.430, 373.4592, 403.890, 403.892, 403.9301, and
97 403.9302, F.S.; conforming cross-references and
98 provisions to changes made by the act; reenacting s.
99 259.045(6), F.S., relating to the purchase of lands in
100 areas of critical state concern, to incorporate the
101 amendment made to s. 259.032, F.S., in a reference
102 thereto; providing a declaration of important state
103 interest; providing an effective date.
104
105 Be It Enacted by the Legislature of the State of Florida:
106
107 Section 1. Paragraph (a) of subsection (3) and paragraph
108 (c) of subsection (6) of section 163.3177, Florida Statutes, are
109 amended to read:
110 163.3177 Required and optional elements of comprehensive
111 plan; studies and surveys.—
112 (3)(a) The comprehensive plan must shall contain a capital
113 improvements element designed to consider the need for and the
114 location of public facilities in order to encourage the
115 efficient use of such facilities and set forth all of the
116 following:
117 1. A component that outlines principles for construction,
118 extension, or increase in capacity of public facilities, as well
119 as a component that outlines principles for correcting existing
120 public facility deficiencies, which are necessary to implement
121 the comprehensive plan. The components must shall cover at least
122 a 5-year period.
123 2. Estimated public facility costs, including a delineation
124 of when facilities will be needed, the general location of the
125 facilities, and projected revenue sources to fund the
126 facilities.
127 3. Standards to ensure the availability of public
128 facilities and the adequacy of those facilities to meet
129 established acceptable levels of service.
130 4. A schedule of capital improvements which includes any
131 publicly funded projects of federal, state, or local government,
132 and which may include privately funded projects for which the
133 local government has no fiscal responsibility. Projects
134 necessary to ensure that any adopted level-of-service standards
135 are achieved and maintained for the 5-year period must be
136 identified as either funded or unfunded and given a level of
137 priority for funding.
138 5. The schedule must:
139 a. Include transportation improvements included in the
140 applicable metropolitan planning organization’s transportation
141 improvement program adopted pursuant to s. 339.175(8) to the
142 extent that such improvements are relied upon to ensure
143 concurrency and financial feasibility;.
144 b. Where applicable, include a list of projects necessary
145 to achieve the pollutant load reductions attributable to the
146 local government, as established in a basin management action
147 plan pursuant to s. 403.067(7); and
148 c. The schedule must Be coordinated with the applicable
149 metropolitan planning organization’s long-range transportation
150 plan adopted pursuant to s. 339.175(7).
151 (6) In addition to the requirements of subsections (1)-(5),
152 the comprehensive plan shall include the following elements:
153 (c) A general sanitary sewer, solid waste, drainage,
154 potable water, and natural groundwater aquifer recharge element
155 correlated to principles and guidelines for future land use,
156 indicating ways to provide for future potable water, drainage,
157 sanitary sewer, solid waste, and aquifer recharge protection
158 requirements for the area. The element may be a detailed
159 engineering plan including a topographic map depicting areas of
160 prime groundwater recharge.
161 1. Each local government shall address in the data and
162 analyses required by this section those facilities that provide
163 service within the local government’s jurisdiction. Local
164 governments that provide facilities to serve areas within other
165 local government jurisdictions shall also address those
166 facilities in the data and analyses required by this section,
167 using data from the comprehensive plan for those areas for the
168 purpose of projecting facility needs as required in this
169 subsection. For shared facilities, each local government shall
170 indicate the proportional capacity of the systems allocated to
171 serve its jurisdiction.
172 2. The element must shall describe the problems and needs
173 and the general facilities that will be required for solution of
174 the problems and needs, including correcting existing facility
175 deficiencies. The element must shall address coordinating the
176 extension of, or increase in the capacity of, or upgrade in
177 treatment of facilities to meet future needs; prioritizing
178 advanced waste treatment while maximizing the use of existing
179 facilities and discouraging urban sprawl; conserving potable
180 water resources; and protecting the functions of natural
181 groundwater recharge areas and natural drainage features.
182 3. Within the local government’s jurisdiction, for any
183 development of more than 50 residential lots, whether built or
184 unbuilt, with more than one onsite sewage treatment and disposal
185 system per 1 acre, the element must include a plan to provide
186 sanitary sewer services within a 10-year planning horizon. An
187 onsite sewage treatment and disposal system is presumed to exist
188 on a parcel if sanitary sewer services are not available at or
189 adjacent to the parcel boundary. For such developments, the plan
190 must identify the name and location of the intended wastewater
191 facility to receive sanitary sewer flows after connection; the
192 capacity of the facility and any associated transmission
193 facilities; the projected wastewater flow at that facility for
194 the next 20 years, inclusive of expected future new construction
195 and connections of onsite sewage treatment and disposal systems
196 to sanitary sewer; and a timeline for the construction of the
197 sanitary sewer system. Each comprehensive plan must be updated
198 to include this element by July 1, 2024. This subparagraph does
199 not apply to a local government designated as a rural area of
200 opportunity under s. 288.0656.
201 4. Within 18 months after the governing board approves an
202 updated regional water supply plan, the element must incorporate
203 the alternative water supply project or projects selected by the
204 local government from those identified in the regional water
205 supply plan pursuant to s. 373.709(2)(a) or proposed by the
206 local government under s. 373.709(8)(b). If a local government
207 is located within two water management districts, the local
208 government must shall adopt its comprehensive plan amendment
209 within 18 months after the later updated regional water supply
210 plan. The element must identify such alternative water supply
211 projects and traditional water supply projects and conservation
212 and reuse necessary to meet the water needs identified in s.
213 373.709(2)(a) within the local government’s jurisdiction and
214 include a work plan, covering at least a 10-year planning
215 period, for building public, private, and regional water supply
216 facilities, including development of alternative water supplies,
217 which are identified in the element as necessary to serve
218 existing and new development. The work plan must shall be
219 updated, at a minimum, every 5 years within 18 months after the
220 governing board of a water management district approves an
221 updated regional water supply plan. Local governments, public
222 and private utilities, regional water supply authorities,
223 special districts, and water management districts are encouraged
224 to cooperatively plan for the development of multijurisdictional
225 water supply facilities that are sufficient to meet projected
226 demands for established planning periods, including the
227 development of alternative water sources to supplement
228 traditional sources of groundwater and surface water supplies.
229 5.4. A local government that does not own, operate, or
230 maintain its own water supply facilities, including, but not
231 limited to, wells, treatment facilities, and distribution
232 infrastructure, and is served by a public water utility with a
233 permitted allocation of greater than 300 million gallons per day
234 is not required to amend its comprehensive plan in response to
235 an updated regional water supply plan or to maintain a work plan
236 if any such local government’s usage of water constitutes less
237 than 1 percent of the public water utility’s total permitted
238 allocation. However, any such local government shall is required
239 to cooperate with, and provide relevant data to, any local
240 government or utility provider that provides service within its
241 jurisdiction, and shall to keep its general sanitary sewer,
242 solid waste, potable water, and natural groundwater aquifer
243 recharge element updated in accordance with s. 163.3191.
244 Section 2. Subsection (4) and paragraph (b) of subsection
245 (8) of section 253.025, Florida Statutes, are amended to read:
246 253.025 Acquisition of state lands.—
247 (4) An agreement to acquire real property for the purposes
248 described in this chapter, chapter 259, chapter 260, or chapter
249 375, title to which will vest in the board of trustees, may not
250 bind the state before the agreement is reviewed and approved by
251 the Department of Environmental Protection as complying with
252 this section and any rules adopted pursuant to this section. If
253 any of the following conditions exist, the agreement must shall
254 be submitted to and approved by the board of trustees:
255 (a) The purchase price agreed to by the seller exceeds the
256 value as established pursuant to the rules of the board of
257 trustees.;
258 (b) The contract price agreed to by the seller and the
259 acquiring agency exceeds $5 $1 million.;
260 (c) The acquisition is the initial purchase in a Florida
261 Forever project; or
262 (d) Other conditions that the board of trustees may adopt
263 by rule. Such conditions may include, but are not limited to,
264 Florida Forever projects when title to the property being
265 acquired is considered nonmarketable or is encumbered in such a
266 way as to significantly affect its management.
267
268 If approval of the board of trustees is required pursuant to
269 this subsection, the acquiring agency must provide a
270 justification as to why it is in the public’s interest to
271 acquire the parcel or Florida Forever project. Approval of the
272 board of trustees is also required for Florida Forever projects
273 the department recommends acquiring pursuant to subsections (11)
274 and (22). Review and approval of agreements for acquisitions for
275 Florida Greenways and Trails Program properties pursuant to
276 chapter 260 may be waived by the department in any contract with
277 nonprofit corporations that have agreed to assist the department
278 with this program. If the contribution of the acquiring agency
279 exceeds $100 million in any one fiscal year, the agreement must
280 shall be submitted to and approved by the Legislative Budget
281 Commission.
282 (8) Before approval by the board of trustees, or, when
283 applicable, the Department of Environmental Protection, of any
284 agreement to purchase land pursuant to this chapter, chapter
285 259, chapter 260, or chapter 375, and before negotiations with
286 the parcel owner to purchase any other land, title to which will
287 vest in the board of trustees, an appraisal of the parcel shall
288 be required as follows:
289 (b) Each parcel to be acquired must shall have at least one
290 appraisal. Two appraisals are required when the estimated value
291 of the parcel exceeds $5 $1 million. However, if both appraisals
292 exceed $5 $1 million and differ significantly, a third appraisal
293 may be obtained. If a parcel is estimated to be worth $100,000
294 or less and the director of the Division of State Lands finds
295 that the cost of an outside appraisal is not justified, a
296 comparable sales analysis, an appraisal prepared by the
297 division, or other reasonably prudent procedures may be used by
298 the division to estimate the value of the parcel, provided the
299 public’s interest is reasonably protected. The state is not
300 required to appraise the value of lands and appurtenances that
301 are being donated to the state.
302
303 Notwithstanding this subsection, on behalf of the board of
304 trustees and before the appraisal of parcels approved for
305 purchase under this chapter or chapter 259, the Secretary of
306 Environmental Protection or the director of the Division of
307 State Lands may enter into option contracts to buy such parcels.
308 Any such option contract shall state that the final purchase
309 price is subject to approval by the board of trustees or, if
310 applicable, the Secretary of Environmental Protection, and that
311 the final purchase price may not exceed the maximum offer
312 allowed by law. Any such option contract presented to the board
313 of trustees for final purchase price approval shall explicitly
314 state that payment of the final purchase price is subject to an
315 appropriation from the Legislature. The consideration for such
316 an option may not exceed $1,000 or 0.01 percent of the estimate
317 by the department of the value of the parcel, whichever amount
318 is greater.
319 Section 3. Subsections (2) and (7), paragraph (b) of
320 subsection (8), and paragraph (d) of subsection (9) of section
321 259.032, Florida Statutes, are amended to read:
322 259.032 Conservation and recreation lands.—
323 (2) The Governor and Cabinet, sitting as the Board of
324 Trustees of the Internal Improvement Trust Fund, may expend
325 moneys appropriated by the Legislature to acquire the fee or any
326 lesser interest in lands for any of the following public
327 purposes:
328 (a) To conserve and protect environmentally unique and
329 irreplaceable lands that contain native, relatively unaltered
330 flora and fauna representing a natural area unique to, or scarce
331 within, a region of this state or a larger geographic area.;
332 (b) To conserve and protect lands within designated areas
333 of critical state concern, if the proposed acquisition relates
334 to the natural resource protection purposes of the designation.;
335 (c) To conserve and protect native species habitat or
336 endangered or threatened species, emphasizing long-term
337 protection for endangered or threatened species designated G-1
338 or G-2 by the Florida Natural Areas Inventory, and especially
339 those areas that are special locations for breeding and
340 reproduction.;
341 (d) To conserve, protect, manage, or restore important
342 ecosystems, landscapes, and forests, if the protection and
343 conservation of such lands is necessary to enhance or protect
344 significant surface water, groundwater, coastal, recreational,
345 timber, or fish or wildlife resources which cannot otherwise be
346 accomplished through local and state regulatory programs.;
347 (e) To promote water resource development that benefits
348 natural systems and citizens of the state.;
349 (f) To facilitate the restoration and subsequent health and
350 vitality of the Florida Everglades.;
351 (g) To provide areas, including recreational trails, for
352 natural resource-based recreation and other outdoor recreation
353 on any part of any site compatible with conservation purposes.;
354 (h) To preserve significant archaeological or historic
355 sites.;
356 (i) To conserve urban open spaces suitable for greenways or
357 outdoor recreation which are compatible with conservation
358 purposes.; or
359 (j) To preserve agricultural lands under threat of
360 conversion to development through less-than-fee acquisitions.
361 (k) To complete critical linkages that will help preserve
362 and protect this state’s green infrastructure and vital habitat
363 for wide-ranging wildlife, such as the Florida panther, within
364 the Florida wildlife corridor.
365 (7)(a) All lands managed under this chapter and s. 253.034
366 must shall be:
367 1.(a) Managed in a manner that will provide the greatest
368 combination of benefits to the public and to the resources.
369 2.(b) Managed for public outdoor recreation which is
370 compatible with the conservation and protection of public lands.
371 Such management may include, but not be limited to, the
372 following public recreational uses: fishing, hunting, camping,
373 bicycling, hiking, nature study, swimming, boating, canoeing,
374 horseback riding, diving, model hobbyist activities, birding,
375 sailing, jogging, and other related outdoor activities.
376 (b)(c) Concurrent with its adoption of the annual list of
377 acquisition projects pursuant to s. 259.035, the board shall
378 adopt a management prospectus for each project. The management
379 prospectus shall delineate:
380 1. The management goals for the property;
381 2. The conditions that will affect the intensity of
382 management;
383 3. An estimate of the revenue-generating potential of the
384 property, if appropriate;
385 4. A timetable for implementing the various stages of
386 management and for providing access to the public, if
387 applicable;
388 5. A description of potential multiple-use activities as
389 described in this section and s. 253.034;
390 6. Provisions for protecting existing infrastructure and
391 for ensuring the security of the project upon acquisition;
392 7. The anticipated costs of management and projected
393 sources of revenue, including legislative appropriations, to
394 fund management needs; and
395 8. Recommendations as to how many employees will be needed
396 to manage the property, and recommendations as to whether local
397 governments, volunteer groups, the former landowner, or other
398 interested parties can be involved in the management.
399 (c)(d) Concurrent with the approval of the acquisition
400 contract pursuant to s. 253.025(4)(c) For any interest in lands
401 except those lands acquired pursuant to s. 259.1052, the board
402 shall designate an agency or agencies to manage such lands. The
403 board shall evaluate and amend, as appropriate, the management
404 policy statement for the project as provided by s. 259.035 to
405 ensure that the policy statement is compatible with
406 conservation, recreation, or both. For any fee simple
407 acquisition of a parcel which is or will be leased back for
408 agricultural purposes, or any acquisition of a less than fee
409 interest in land that is or will be used for agricultural
410 purposes, the board shall first consider having a soil and water
411 conservation district, created pursuant to chapter 582, manage
412 and monitor such interests.
413 (d)(e) State agencies designated to manage lands acquired
414 under this chapter or with funds deposited into the Land
415 Acquisition Trust Fund, except those lands acquired under s.
416 259.1052, may contract with local governments and soil and water
417 conservation districts to assist in management activities,
418 including the responsibility of being the lead land manager.
419 Such land management contracts may include a provision for the
420 transfer of management funding to the local government or soil
421 and water conservation district from the land acquisition trust
422 fund of the lead land managing agency in an amount adequate for
423 the local government or soil and water conservation district to
424 perform its contractual land management responsibilities and
425 proportionate to its responsibilities, and which otherwise would
426 have been expended by the state agency to manage the property.
427 (e)(f) Immediately following the acquisition of any
428 interest in conservation and recreation lands, the department,
429 acting on behalf of the board, may issue to the lead managing
430 entity an interim assignment letter to be effective until the
431 execution of a formal lease.
432 (8)
433 (b) Individual management plans required by s. 253.034(5),
434 for parcels over 160 acres, shall be developed with input from
435 an advisory group. Members of this advisory group shall include,
436 at a minimum, representatives of the lead land managing agency,
437 comanaging entities, local private property owners, the
438 appropriate soil and water conservation district, a local
439 conservation organization, and a local elected official. If
440 habitat or potentially restorable habitat for imperiled species
441 is located on state lands, the Fish and Wildlife Conservation
442 Commission and the Department of Agriculture and Consumer
443 Services shall be included on any advisory group required under
444 chapter 253, and the short-term and long-term management goals
445 required under chapter 253 must advance the goals and objectives
446 of imperiled species management without restricting other uses
447 identified in the management plan. The advisory group shall
448 conduct at least one public hearing within the county in which
449 the parcel or project is located. For those parcels or projects
450 that are within more than one county, at least one areawide
451 public hearing shall be acceptable and the lead managing agency
452 shall invite a local elected official from each county. The
453 areawide public hearing shall be held in the county in which the
454 core parcels are located. Notice of such public hearing shall be
455 posted on the parcel or project designated for management,
456 advertised in a paper of general circulation, and announced at a
457 scheduled meeting of the local governing body before the actual
458 public hearing. The management prospectus required pursuant to
459 paragraph (7)(b) (7)(c) shall be available to the public for a
460 period of 30 days before the public hearing.
461
462 By July 1 of each year, each governmental agency and each
463 private entity designated to manage lands shall report to the
464 Secretary of Environmental Protection on the progress of
465 funding, staffing, and resource management of every project for
466 which the agency or entity is responsible.
467 (9)
468 (d) Up to one-fifth of the funds appropriated for the
469 purposes identified in paragraph (b) shall be reserved by the
470 board for interim management of acquisitions and for associated
471 contractual services, to ensure the conservation and protection
472 of natural resources on project sites and to allow limited
473 public recreational use of lands. Interim management activities
474 may include, but not be limited to, resource assessments,
475 control of invasive, nonnative species, habitat restoration,
476 fencing, law enforcement, controlled burning, and public access
477 consistent with preliminary determinations made pursuant to
478 paragraph (7)(e) (7)(f). The board shall make these interim
479 funds available immediately upon purchase.
480 Section 4. Section 373.469, Florida Statutes, is created to
481 read:
482 373.469 Indian River Lagoon Protection Program.—
483 (1) FINDINGS AND INTENT.—
484 (a) The Legislature finds that:
485 1. The Indian River Lagoon is a critical water resource of
486 this state which provides many economic, natural habitat, and
487 biodiversity functions that benefit the public interest,
488 including fishing, navigation, recreation, and habitat to
489 endangered and threatened species and other flora and fauna.
490 2. Among other causes, land use changes, onsite sewage
491 treatment and disposal systems, aging infrastructure, stormwater
492 runoff, agriculture, and residential fertilizer have resulted in
493 excess nutrients entering the Indian River Lagoon and adversely
494 impacting the lagoon’s water quality.
495 3. Improvement to the hydrology, water quality, and
496 associated aquatic habitats within the Indian River Lagoon is
497 essential to the protection of the resource.
498 4. It is imperative for the state, local governments, and
499 agricultural and environmental communities to commit to
500 restoring and protecting the surface water resources of the
501 Indian River Lagoon, and a holistic approach to address these
502 issues must be developed and implemented immediately.
503 5. The expeditious implementation of the Banana River
504 Lagoon Basin Management Action Plan, Central Indian River Lagoon
505 Basin Management Action Plan, North Indian River Lagoon Basin
506 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
507 Plan are necessary to improve the quality of water in the Indian
508 River Lagoon ecosystem and to provide a reasonable means of
509 achieving the total maximum daily load requirements and
510 achieving and maintaining compliance with state water quality
511 standards.
512 6. The implementation of the programs contained in this
513 section will benefit the public health, safety, and welfare and
514 is in the public interest.
515 (b) The Legislature intends for this state to protect and
516 restore surface water resources and achieve and maintain
517 compliance with water quality standards in the Indian River
518 Lagoon through the phased, comprehensive, and innovative
519 protection program set forth in this section, including long
520 term solutions based upon the total maximum daily loads
521 established in accordance with s. 403.067. This program is
522 watershed-based, provides for the consideration of all water
523 quality issues needed to meet the total maximum daily load, and
524 includes research and monitoring, development and implementation
525 of best management practices, refinement of existing
526 regulations, and structural and nonstructural projects,
527 including public works.
528 (2) DEFINITIONS.—As used in this section, the term:
529 (a) “Best management practice” means a practice or
530 combination of practices determined by the coordinating
531 agencies, based on research, field-testing, and expert review,
532 to be the most effective and practicable on-location means,
533 including economic and technological considerations, for
534 improving water quality in agricultural and urban discharges.
535 Best management practices for agricultural discharges must
536 reflect a balance between water quality improvements and
537 agricultural productivity.
538 (b) “Enhanced nutrient-reducing onsite sewage treatment and
539 disposal system” means an onsite sewage treatment and disposal
540 system approved by the department as capable of meeting or
541 exceeding a 50 percent total nitrogen reduction before disposal
542 of wastewater in the drainfield, or at least 65 percent total
543 nitrogen reduction combined from onsite sewage tank or tanks and
544 drainfield.
545 (c) “Total maximum daily load” means the sum of the
546 individual wasteload allocations for point sources and the load
547 allocations for nonpoint sources and natural background adopted
548 pursuant to s. 403.067. Before determining individual wasteload
549 allocations and load allocations, the maximum amount of a
550 pollutant that a waterbody or water segment can assimilate from
551 all sources without exceeding water quality standards must first
552 be calculated.
553 (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
554 River Lagoon Protection Program consists of the Banana River
555 Lagoon Basin Management Action Plan, Central Indian River Lagoon
556 Basin Management Action Plan, North Indian River Lagoon Basin
557 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
558 Plan, and such plans are the components of the Indian River
559 Lagoon Protection Program which achieve phosphorous and nitrogen
560 load reductions for the Indian River Lagoon.
561 (a) Evaluation.—Every 5 years, the department shall
562 evaluate and update the Banana River Lagoon Basin Management
563 Action Plan, Central Indian River Lagoon Basin Management Action
564 Plan, and North Indian River Lagoon Basin Management Action Plan
565 and identify any further load reductions necessary to achieve
566 compliance with the relevant total maximum daily loads
567 established pursuant to s. 403.067. As provided in s.
568 403.067(7)(a)6., such plans must include 5-year milestones for
569 implementation and water quality improvement and a water quality
570 monitoring component sufficient to evaluate whether reasonable
571 progress in pollutant load reductions is being achieved over
572 time.
573 (b) Water quality standards and total maximum daily loads.
574 The department, in coordination with the St. Johns River Water
575 Management District, South Florida Water Management District,
576 local governments, the Indian River Lagoon National Estuary
577 Program, and other stakeholders, shall identify and prioritize
578 strategies and projects necessary to achieve water quality
579 standards within the Indian River Lagoon watershed and meet the
580 total maximum daily loads. Projects identified from this
581 evaluation must be incorporated into the Banana River Lagoon
582 Basin Management Action Plan, Central Indian River Lagoon Basin
583 Management Action Plan, North Indian River Lagoon Basin
584 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
585 Plan, as appropriate.
586 (c) Indian River Lagoon Watershed Research and Water
587 Quality Monitoring Program.—The department, in coordination with
588 the St. Johns River Water Management District, the South Florida
589 Water Management District, and the Indian River Lagoon National
590 Estuary Program, shall implement the Indian River Lagoon
591 Watershed Research and Water Quality Monitoring Program to
592 establish a comprehensive water quality monitoring network
593 throughout the Indian River Lagoon and fund research pertaining
594 to water quality, ecosystem restoration, and seagrass impacts
595 and restoration. The department shall use the results from the
596 program to prioritize projects and to make modifications to the
597 Banana River Lagoon Basin Management Action Plan, Central Indian
598 River Lagoon Basin Management Action Plan, North Indian River
599 Lagoon Basin Management Action Plan, and Mosquito Lagoon
600 Reasonable Assurance Plan, as appropriate.
601 (d) Onsite sewage treatment and disposal systems.—
602 1. Beginning on January 1, 2024, unless previously
603 permitted, the installation of new onsite sewage treatment and
604 disposal systems is prohibited within the Banana River Lagoon
605 Basin Management Action Plan, Central Indian River Lagoon Basin
606 Management Action Plan, North Indian River Lagoon Basin
607 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
608 Plan areas where a publicly owned or investor-owned sewerage
609 system is available as defined in s. 381.0065(2)(a). Where
610 central sewerage is not available, only enhanced nutrient
611 reducing onsite sewage treatment and disposal systems or other
612 wastewater treatment systems that achieve at least 50 percent
613 nutrient reduction compared to a standard onsite sewage
614 treatment and disposal system are authorized.
615 2. By July 1, 2030, any commercial or residential property
616 with an existing onsite sewage treatment and disposal system
617 located within the Banana River Lagoon Basin Management Action
618 Plan, Central Indian River Lagoon Basin Management Action Plan,
619 North Indian River Lagoon Basin Management Action Plan, and
620 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
621 central sewer if available or upgrade to an enhanced nutrient
622 reducing onsite sewage treatment and disposal system or other
623 wastewater treatment system that achieves at least 50 percent
624 nutrient reduction compared to a standard onsite sewage
625 treatment and disposal system.
626 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
627 section may not be construed to modify any existing state water
628 quality standard or to modify s. 403.067(6) and (7)(a).
629 (5) PRESERVATION OF AUTHORITY.—This section may not be
630 construed to restrict the authority otherwise granted to
631 agencies pursuant to this chapter and chapter 403, and this
632 section is supplemental to the authority granted to agencies
633 pursuant to this chapter and chapter 403.
634 (6) RULES.—The department and governing boards of the St.
635 Johns River Water Management District and South Florida Water
636 Management District may adopt rules pursuant to ss. 120.536(1)
637 and 120.54 to implement this section.
638 Section 5. Subsection (1) of section 373.501, Florida
639 Statutes, is amended to read:
640 373.501 Appropriation of funds to water management
641 districts.—
642 (1) The department shall transfer may allocate to the water
643 management districts, from funds appropriated to the districts
644 through the department in, such sums as may be deemed necessary
645 to defray the costs of the administrative, regulatory, and other
646 operational activities of the districts. The governing boards
647 shall submit annual budget requests for such purposes to the
648 department, and the department shall consider such budgets in
649 preparing its budget request for the Legislature. The districts
650 shall annually report to the department on the use of the funds.
651 Section 6. Present subsections (2) through (8) of section
652 373.802, Florida Statutes, are redesignated as subsections (3)
653 through (9), respectively, and a new subsection (2) is added to
654 that section, to read:
655 373.802 Definitions.—As used in this part, the term:
656 (2) “Enhanced nutrient-reducing onsite sewage treatment and
657 disposal system” means an onsite sewage treatment and disposal
658 system approved by the department as capable of meeting or
659 exceeding a 50 percent total nitrogen reduction before disposal
660 of wastewater in the drainfield, or at least 65 percent total
661 nitrogen reduction combined from onsite sewage tank or tanks and
662 drainfield.
663 Section 7. Subsections (2) and (3) of section 373.807,
664 Florida Statutes, are amended to read:
665 373.807 Protection of water quality in Outstanding Florida
666 Springs.—By July 1, 2016, the department shall initiate
667 assessment, pursuant to s. 403.067(3), of Outstanding Florida
668 Springs or spring systems for which an impairment determination
669 has not been made under the numeric nutrient standards in effect
670 for spring vents. Assessments must be completed by July 1, 2018.
671 (2) By July 1, 2017, each local government, as defined in
672 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
673 pursuant to s. 403.9337, shall develop, enact, and implement an
674 ordinance pursuant to that section. It is the intent of the
675 Legislature that ordinances required to be adopted under this
676 subsection reflect the latest scientific information,
677 advancements, and technological improvements in the industry.
678 (3) As part of a basin management action plan that includes
679 an Outstanding Florida Spring, the department, relevant local
680 governments, and relevant local public and private wastewater
681 utilities shall develop an onsite sewage treatment and disposal
682 system remediation plan for a spring if the department
683 determines onsite sewage treatment and disposal systems within a
684 basin management action plan priority focus area contribute at
685 least 20 percent of nonpoint source nitrogen pollution or if the
686 department determines remediation is necessary to achieve the
687 total maximum daily load. The plan must shall identify cost
688 effective and financially feasible projects necessary to reduce
689 the nutrient impacts from onsite sewage treatment and disposal
690 systems and shall be completed and adopted as part of the basin
691 management action plan no later than the first 5-year milestone
692 required by subparagraph (1)(b)8. The department is the lead
693 agency in coordinating the preparation of and the adoption of
694 the plan. The department shall:
695 (a) Collect and evaluate credible scientific information on
696 the effect of nutrients, particularly forms of nitrogen, on
697 springs and springs systems; and
698 (b) Develop a public education plan to provide area
699 residents with reliable, understandable information about onsite
700 sewage treatment and disposal systems and springs.
701
702 In addition to the requirements in s. 403.067, the plan must
703 shall include options for repair, upgrade, replacement,
704 drainfield modification, addition of effective nitrogen reducing
705 features, connection to a central sewerage system, or other
706 action for an onsite sewage treatment and disposal system or
707 group of systems within a basin management action plan priority
708 focus area that contribute at least 20 percent of nonpoint
709 source nitrogen pollution or if the department determines
710 remediation is necessary to achieve a total maximum daily load.
711 For these systems, the department shall include in the plan a
712 priority ranking for each system or group of systems that
713 requires remediation and shall award funds to implement the
714 remediation projects contingent on an appropriation in the
715 General Appropriations Act, which may include all or part of the
716 costs necessary for repair, upgrade, replacement, drainfield
717 modification, addition of effective nitrogen reducing features,
718 initial connection to a central sewerage system, or other
719 action. In awarding funds, the department may consider expected
720 nutrient reduction benefit per unit cost, size and scope of
721 project, relative local financial contribution to the project,
722 and the financial impact on property owners and the community.
723 The department may waive matching funding requirements for
724 proposed projects within an area designated as a rural area of
725 opportunity under s. 288.0656.
726 Section 8. Section 373.811, Florida Statutes, is amended to
727 read:
728 373.811 Prohibited activities within a basin management
729 action plan priority focus area.—The following activities are
730 prohibited within a basin management action plan priority focus
731 area in effect for an Outstanding Florida Spring:
732 (1) New domestic wastewater disposal facilities, including
733 rapid infiltration basins, with permitted capacities of 100,000
734 gallons per day or more, except for those facilities that meet
735 an advanced wastewater treatment standard of no more than 3 mg/l
736 total nitrogen, expressed as N, on an annual permitted basis, or
737 a more stringent treatment standard if the department determines
738 the more stringent standard is necessary to attain a total
739 maximum daily load for the Outstanding Florida Spring.
740 (2) New onsite sewage treatment and disposal systems where
741 connection to a publicly owned or investor-owned sewerage system
742 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
743 or less, if a publicly owned or investor-owned sewerage system
744 is not available, only the installation of enhanced nutrient
745 reducing onsite sewage treatment and disposal systems or other
746 wastewater treatment systems that achieve at least 50 percent
747 nutrient reduction compared to a standard onsite sewage
748 treatment and disposal system are authorized on lots of less
749 than 1 acre, if the addition of the specific systems conflicts
750 with an onsite treatment and disposal system remediation plan
751 incorporated into a basin management action plan in accordance
752 with s. 373.807(3).
753 (3) New facilities for the disposal of hazardous waste.
754 (4) The land application of Class A or Class B domestic
755 wastewater biosolids not in accordance with a department
756 approved nutrient management plan establishing the rate at which
757 all biosolids, soil amendments, and sources of nutrients at the
758 land application site can be applied to the land for crop
759 production while minimizing the amount of pollutants and
760 nutrients discharged to groundwater or waters of the state.
761 (5) New agriculture operations that do not implement best
762 management practices, measures necessary to achieve pollution
763 reduction levels established by the department, or groundwater
764 monitoring plans approved by a water management district or the
765 department.
766 Section 9. Present paragraphs (f) through (r) of subsection
767 (2) of section 381.0065, Florida Statutes, are redesignated as
768 paragraphs (g) through (s), respectively, a new paragraph (f) is
769 added to that subsection, and paragraph (n) of subsection (4) of
770 that section is amended, to read:
771 381.0065 Onsite sewage treatment and disposal systems;
772 regulation.—
773 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
774 term:
775 (f) “Enhanced nutrient-reducing onsite sewage treatment and
776 disposal system” means an onsite sewage treatment and disposal
777 system approved by the department as capable of meeting or
778 exceeding a 50 percent total nitrogen reduction before disposal
779 of wastewater in the drainfield, or at least 65 percent total
780 nitrogen reduction combined from onsite sewage tank or tanks and
781 drainfield.
782 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
783 construct, repair, modify, abandon, or operate an onsite sewage
784 treatment and disposal system without first obtaining a permit
785 approved by the department. The department may issue permits to
786 carry out this section, except that the issuance of a permit for
787 work seaward of the coastal construction control line
788 established under s. 161.053 is shall be contingent upon receipt
789 of any required coastal construction control line permit from
790 the department. A construction permit is valid for 18 months
791 after the date of issuance and may be extended by the department
792 for one 90-day period under rules adopted by the department. A
793 repair permit is valid for 90 days after the date of issuance.
794 An operating permit must be obtained before the use of any
795 aerobic treatment unit or if the establishment generates
796 commercial waste. Buildings or establishments that use an
797 aerobic treatment unit or generate commercial waste shall be
798 inspected by the department at least annually to assure
799 compliance with the terms of the operating permit. The operating
800 permit for a commercial wastewater system is valid for 1 year
801 after the date of issuance and must be renewed annually. The
802 operating permit for an aerobic treatment unit is valid for 2
803 years after the date of issuance and must be renewed every 2
804 years. If all information pertaining to the siting, location,
805 and installation conditions or repair of an onsite sewage
806 treatment and disposal system remains the same, a construction
807 or repair permit for the onsite sewage treatment and disposal
808 system may be transferred to another person, if the transferee
809 files, within 60 days after the transfer of ownership, an
810 amended application providing all corrected information and
811 proof of ownership of the property. A fee is not associated with
812 the processing of this supplemental information. A person may
813 not contract to construct, modify, alter, repair, service,
814 abandon, or maintain any portion of an onsite sewage treatment
815 and disposal system without being registered under part III of
816 chapter 489. A property owner who personally performs
817 construction, maintenance, or repairs to a system serving his or
818 her own owner-occupied single-family residence is exempt from
819 registration requirements for performing such construction,
820 maintenance, or repairs on that residence, but is subject to all
821 permitting requirements. A municipality or political subdivision
822 of the state may not issue a building or plumbing permit for any
823 building that requires the use of an onsite sewage treatment and
824 disposal system unless the owner or builder has received a
825 construction permit for such system from the department. A
826 building or structure may not be occupied and a municipality,
827 political subdivision, or any state or federal agency may not
828 authorize occupancy until the department approves the final
829 installation of the onsite sewage treatment and disposal system.
830 A municipality or political subdivision of the state may not
831 approve any change in occupancy or tenancy of a building that
832 uses an onsite sewage treatment and disposal system until the
833 department has reviewed the use of the system with the proposed
834 change, approved the change, and amended the operating permit.
835 (n) Evaluations for determining the seasonal high-water
836 table elevations or the suitability of soils for the use of a
837 new onsite sewage treatment and disposal system shall be
838 performed by department personnel, professional engineers
839 registered in the state, or such other persons with expertise,
840 as defined by rule, in making such evaluations. Evaluations for
841 determining mean annual flood lines shall be performed by those
842 persons identified in paragraph (2)(l) (2)(k). The department
843 shall accept evaluations submitted by professional engineers and
844 such other persons as meet the expertise established by this
845 section or by rule unless the department has a reasonable
846 scientific basis for questioning the accuracy or completeness of
847 the evaluation.
848 Section 10. Subsection (3) is added to section 381.00655,
849 Florida Statutes, to read:
850 381.00655 Connection of existing onsite sewage treatment
851 and disposal systems to central sewerage system; requirements.—
852 (3) Local governmental agencies, as defined in s.
853 403.1835(2), that receive grants or loans from the department to
854 offset the cost of connecting onsite sewage treatment and
855 disposal systems to publicly owned or investor-owned sewerage
856 systems are encouraged to do all of the following while such
857 funds remain available:
858 (a) Identify the owners of onsite sewage treatment and
859 disposal systems within the jurisdiction of the respective local
860 governmental agency who are eligible to apply for the grant or
861 loan funds and notify such owners of the funding availability.
862 (b) Maintain a publicly available website with information
863 relating to the availability of the grant or loan funds,
864 including the amount of funds available and information on how
865 the owner of an onsite sewage treatment and disposal system may
866 apply for such funds.
867 Section 11. Section 403.031, Florida Statutes, is reordered
868 and amended to read:
869 403.031 Definitions.—In construing this chapter, or rules
870 and regulations adopted pursuant hereto, the following words,
871 phrases, or terms, unless the context otherwise indicates, have
872 the following meanings:
873 (1) “Contaminant” is any substance which is harmful to
874 plant, animal, or human life.
875 (2) “Department” means the Department of Environmental
876 Protection.
877 (3) “Effluent limitations” means any restriction
878 established by the department on quantities, rates, or
879 concentrations of chemical, physical, biological, or other
880 constituents which are discharged from sources into waters of
881 the state.
882 (5) “Enhanced nutrient-reducing onsite sewage treatment and
883 disposal system” means an onsite sewage treatment and disposal
884 system approved by the department as capable of meeting or
885 exceeding a 50 percent total nitrogen reduction before disposal
886 of wastewater in the drainfield, or at least 65 percent total
887 nitrogen reduction combined from onsite sewage tank or tanks and
888 drainfield.
889 (6)(4) “Installation” means is any structure, equipment, or
890 facility, or appurtenances thereto, or operation which may emit
891 air or water contaminants in quantities prohibited by rules of
892 the department.
893 (7) “Nutrient or nutrient-related standards” means water
894 quality standards and criteria established for total nitrogen
895 and total phosphorous, or their organic or inorganic forms;
896 biological variables, such as chlorophyll-a, biomass, or the
897 structure of the phytoplankton, periphyton, or vascular plant
898 community, that respond to nutrient load or concentration in a
899 predictable and measurable manner; or dissolved oxygen if it is
900 demonstrated for the waterbody that dissolved oxygen conditions
901 result in a biological imbalance and the dissolved oxygen
902 responds to a nutrient load or concentration in a predictable
903 and measurable manner.
904 (8) “Onsite sewage treatment and disposal system” means a
905 system that contains a standard subsurface, filled, or mound
906 drainfield system; an aerobic treatment unit; a graywater system
907 tank; a laundry wastewater system tank; a septic tank; a grease
908 interceptor; a pump tank; a solids or effluent pump; a
909 waterless, incinerating, or organic waste-composting toilet; or
910 a sanitary pit privy that is installed or proposed to be
911 installed beyond the building sewer on land of the owner or on
912 other land to which the owner has the legal right to install a
913 system. The term includes any item placed within, or intended to
914 be used as a part of or in conjunction with, the system. The
915 term does not include package sewage treatment facilities and
916 other treatment works regulated under chapter 403.
917 (9)(5) “Person” means the state or any agency or
918 institution thereof, the United States or any agency or
919 institution thereof, or any municipality, political subdivision,
920 public or private corporation, individual, partnership,
921 association, or other entity and includes any officer or
922 governing or managing body of the state, the United States, any
923 agency, any municipality, political subdivision, or public or
924 private corporation.
925 (10)(6) “Plant” is any unit operation, complex, area, or
926 multiple of unit operations that produce, process, or cause to
927 be processed any materials, the processing of which can, or may,
928 cause air or water pollution.
929 (11)(7) “Pollution” is the presence in the outdoor
930 atmosphere or waters of the state of any substances,
931 contaminants, noise, or manmade or human-induced impairment of
932 air or waters or alteration of the chemical, physical,
933 biological, or radiological integrity of air or water in
934 quantities or at levels which are or may be potentially harmful
935 or injurious to human health or welfare, animal or plant life,
936 or property or which unreasonably interfere with the enjoyment
937 of life or property, including outdoor recreation unless
938 authorized by applicable law.
939 (12)(8) “Pollution prevention” means the steps taken by a
940 potential generator of contamination or pollution to eliminate
941 or reduce the contamination or pollution before it is discharged
942 into the environment. The term includes nonmandatory steps taken
943 to use alternative forms of energy, conserve or reduce the use
944 of energy, substitute nontoxic materials for toxic materials,
945 conserve or reduce the use of toxic materials and raw materials,
946 reformulate products, modify manufacturing or other processes,
947 improve in-plant maintenance and operations, implement
948 environmental planning before expanding a facility, and recycle
949 toxic or other raw materials.
950 (14)(9) “Sewerage system” means pipelines or conduits,
951 pumping stations, and force mains and all other structures,
952 devices, appurtenances, and facilities used for collecting or
953 conducting wastes to an ultimate point for treatment or
954 disposal.
955 (15)(10) “Source” means is any and all points of origin of
956 a contaminant the item defined in subsection (1), whether
957 privately or publicly owned or operated.
958 (21)(11) “Treatment works” and “disposal systems” mean any
959 plant or other works used for the purpose of treating,
960 stabilizing, or holding wastes.
961 (22)(12) “Wastes” means sewage, industrial wastes, and all
962 other liquid, gaseous, solid, radioactive, or other substances
963 which may pollute or tend to pollute any waters of the state.
964 (23)(13) “Waters” include, but are not limited to, rivers,
965 lakes, streams, springs, impoundments, wetlands, and all other
966 waters or bodies of water, including fresh, brackish, saline,
967 tidal, surface, or underground waters. Waters owned entirely by
968 one person other than the state are included only in regard to
969 possible discharge on other property or water. Underground
970 waters include, but are not limited to, all underground waters
971 passing through pores of rock or soils or flowing through in
972 channels, whether manmade or natural. Solely for purposes of s.
973 403.0885, waters of the state also include navigable waters or
974 waters of the contiguous zone as used in s. 502 of the Clean
975 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
976 existence on January 1, 1993, except for those navigable waters
977 seaward of the boundaries of the state set forth in s. 1, Art.
978 II of the State Constitution. Solely for purposes of this
979 chapter, waters of the state also include the area bounded by
980 the following:
981 (a) Commence at the intersection of State Road (SRD) 5
982 (U.S. 1) and the county line dividing Miami-Dade and Monroe
983 Counties, said point also being the mean high-water line of
984 Florida Bay, located in section 4, township 60 south, range 39
985 east of the Tallahassee Meridian for the point of beginning.
986 From said point of beginning, thence run northwesterly along
987 said SRD 5 to an intersection with the north line of section 18,
988 township 58 south, range 39 east; thence run westerly to a point
989 marking the southeast corner of section 12, township 58 south,
990 range 37 east, said point also lying on the east boundary of the
991 Everglades National Park; thence run north along the east
992 boundary of the aforementioned Everglades National Park to a
993 point marking the northeast corner of section 1, township 58
994 south, range 37 east; thence run west along said park to a point
995 marking the northwest corner of said section 1; thence run
996 northerly along said park to a point marking the northwest
997 corner of section 24, township 57 south, range 37 east; thence
998 run westerly along the south lines of sections 14, 15, and 16 to
999 the southwest corner of section 16; thence leaving the
1000 Everglades National Park boundary run northerly along the west
1001 line of section 16 to the northwest corner of section 16; thence
1002 east along the northerly line of section 16 to a point at the
1003 intersection of the east one-half and west one-half of section
1004 9; thence northerly along the line separating the east one-half
1005 and the west one-half of sections 9, 4, 33, and 28; thence run
1006 easterly along the north line of section 28 to the northeast
1007 corner of section 28; thence run northerly along the west line
1008 of section 22 to the northwest corner of section 22; thence
1009 easterly along the north line of section 22 to a point at the
1010 intersection of the east one-half and west one-half of section
1011 15; thence run northerly along said line to the point of
1012 intersection with the north line of section 15; thence easterly
1013 along the north line of section 15 to the northeast corner of
1014 section 15; thence run northerly along the west lines of
1015 sections 11 and 2 to the northwest corner of section 2; thence
1016 run easterly along the north lines of sections 2 and 1 to the
1017 northeast corner of section 1, township 56 south, range 37 east;
1018 thence run north along the east line of section 36, township 55
1019 south, range 37 east to the northeast corner of section 36;
1020 thence run west along the north line of section 36 to the
1021 northwest corner of section 36; thence run north along the west
1022 line of section 25 to the northwest corner of section 25; thence
1023 run west along the north line of section 26 to the northwest
1024 corner of section 26; thence run north along the west line of
1025 section 23 to the northwest corner of section 23; thence run
1026 easterly along the north line of section 23 to the northeast
1027 corner of section 23; thence run north along the west line of
1028 section 13 to the northwest corner of section 13; thence run
1029 east along the north line of section 13 to a point of
1030 intersection with the west line of the southeast one-quarter of
1031 section 12; thence run north along the west line of the
1032 southeast one-quarter of section 12 to the northwest corner of
1033 the southeast one-quarter of section 12; thence run east along
1034 the north line of the southeast one-quarter of section 12 to the
1035 point of intersection with the east line of section 12; thence
1036 run east along the south line of the northwest one-quarter of
1037 section 7 to the southeast corner of the northwest one-quarter
1038 of section 7; thence run north along the east line of the
1039 northwest one-quarter of section 7 to the point of intersection
1040 with the north line of section 7; thence run northerly along the
1041 west line of the southeast one-quarter of section 6 to the
1042 northwest corner of the southeast one-quarter of section 6;
1043 thence run east along the north lines of the southeast one
1044 quarter of section 6 and the southwest one-quarter of section 5
1045 to the northeast corner of the southwest one-quarter of section
1046 5; thence run northerly along the east line of the northwest
1047 one-quarter of section 5 to the point of intersection with the
1048 north line of section 5; thence run northerly along the line
1049 dividing the east one-half and the west one-half of Lot 5 to a
1050 point intersecting the north line of Lot 5; thence run east
1051 along the north line of Lot 5 to the northeast corner of Lot 5,
1052 township 54 1/2 south, range 38 east; thence run north along the
1053 west line of section 33, township 54 south, range 38 east to a
1054 point intersecting the northwest corner of the southwest one
1055 quarter of section 33; thence run easterly along the north line
1056 of the southwest one-quarter of section 33 to the northeast
1057 corner of the southwest one-quarter of section 33; thence run
1058 north along the west line of the northeast one-quarter of
1059 section 33 to a point intersecting the north line of section 33;
1060 thence run easterly along the north line of section 33 to the
1061 northeast corner of section 33; thence run northerly along the
1062 west line of section 27 to a point intersecting the northwest
1063 corner of the southwest one-quarter of section 27; thence run
1064 easterly to the northeast corner of the southwest one-quarter of
1065 section 27; thence run northerly along the west line of the
1066 northeast one-quarter of section 27 to a point intersecting the
1067 north line of section 27; thence run west along the north line
1068 of section 27 to the northwest corner of section 27; thence run
1069 north along the west lines of sections 22 and 15 to the
1070 northwest corner of section 15; thence run easterly along the
1071 north lines of sections 15 and 14 to the point of intersection
1072 with the L-31N Levee, said intersection located near the
1073 southeast corner of section 11, township 54 south, range 38
1074 east; thence run northerly along Levee L-31N crossing SRD 90
1075 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
1076 31N, L-29, and L-30, said intersection located near the
1077 southeast corner of section 2, township 54 south, range 38 east;
1078 thence run northeasterly, northerly, and northeasterly along
1079 Levee L-30 to a point of intersection with the Miami
1080 Dade/Broward Levee, said intersection located near the northeast
1081 corner of section 17, township 52 south, range 39 east; thence
1082 run due east to a point of intersection with SRD 27 (Krome
1083 Ave.); thence run northeasterly along SRD 27 to an intersection
1084 with SRD 25 (U.S. 27), said intersection located in section 3,
1085 township 52 south, range 39 east; thence run northerly along
1086 said SRD 25, entering into Broward County, to an intersection
1087 with SRD 84 at Andytown; thence run southeasterly along the
1088 aforementioned SRD 84 to an intersection with the southwesterly
1089 prolongation of Levee L-35A, said intersection being located in
1090 the northeast one-quarter of section 5, township 50 south, range
1091 40 east; thence run northeasterly along Levee L-35A to an
1092 intersection of Levee L-36, said intersection located near the
1093 southeast corner of section 12, township 49 south, range 40
1094 east; thence run northerly along Levee L-36, entering into Palm
1095 Beach County, to an intersection common to said Levees L-36, L
1096 39, and L-40, said intersection located near the west quarter
1097 corner of section 19, township 47 south, range 41 east; thence
1098 run northeasterly, easterly, and northerly along Levee L-40,
1099 said Levee L-40 being the easterly boundary of the Loxahatchee
1100 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
1101 441), said intersection located near the southeast corner of
1102 section 32, township 43 south, range 40 east; thence run
1103 westerly along the aforementioned SRD 80 to a point marking the
1104 intersection of said road and the northeasterly prolongation of
1105 Levee L-7, said Levee L-7 being the westerly boundary of the
1106 Loxahatchee National Wildlife Refuge; thence run southwesterly
1107 and southerly along said Levee L-7 to an intersection common to
1108 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
1109 southwesterly along Levee L-6 to an intersection common to Levee
1110 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
1111 located near the northwest corner of section 27, township 47
1112 south, range 38 east; thence run westerly along the
1113 aforementioned Levee L-5 to a point intersecting the east line
1114 of range 36 east; thence run northerly along said range line to
1115 a point marking the northeast corner of section 1, township 47
1116 south, range 36 east; thence run westerly along the north line
1117 of township 47 south, to an intersection with Levee L-23/24
1118 (Miami Canal); thence run northwesterly along the Miami Canal
1119 Levee to a point intersecting the north line of section 22,
1120 township 46 south, range 35 east; thence run westerly to a point
1121 marking the northwest corner of section 21, township 46 south,
1122 range 35 east; thence run southerly to the southwest corner of
1123 said section 21; thence run westerly to a point marking the
1124 northwest corner of section 30, township 46 south, range 35
1125 east, said point also being on the line dividing Palm Beach and
1126 Hendry Counties; from said point, thence run southerly along
1127 said county line to a point marking the intersection of Broward,
1128 Hendry, and Collier Counties, said point also being the
1129 northeast corner of section 1, township 49 south, range 34 east;
1130 thence run westerly along the line dividing Hendry and Collier
1131 Counties and continuing along the prolongation thereof to a
1132 point marking the southwest corner of section 36, township 48
1133 south, range 29 east; thence run southerly to a point marking
1134 the southwest corner of section 12, township 49 south, range 29
1135 east; thence run westerly to a point marking the southwest
1136 corner of section 10, township 49 south, range 29 east; thence
1137 run southerly to a point marking the southwest corner of section
1138 15, township 49 south, range 29 east; thence run westerly to a
1139 point marking the northwest corner of section 24, township 49
1140 south, range 28 east, said point lying on the west boundary of
1141 the Big Cypress Area of Critical State Concern as described in
1142 rule 28-25.001, Florida Administrative Code; thence run
1143 southerly along said boundary crossing SRD 84 (Alligator Alley)
1144 to a point marking the southwest corner of section 24, township
1145 50 south, range 28 east; thence leaving the aforementioned west
1146 boundary of the Big Cypress Area of Critical State Concern run
1147 easterly to a point marking the northeast corner of section 25,
1148 township 50 south, range 28 east; thence run southerly along the
1149 east line of range 28 east to a point lying approximately 0.15
1150 miles south of the northeast corner of section 1, township 52
1151 south, range 28 east; thence run southwesterly 2.4 miles more or
1152 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
1153 said intersection lying 1.1 miles more or less west of the east
1154 line of range 28 east; thence run northwesterly and westerly
1155 along SRD 90 to an intersection with the west line of section
1156 10, township 52 south, range 28 east; thence leaving SRD 90 run
1157 southerly to a point marking the southwest corner of section 15,
1158 township 52 south, range 28 east; thence run westerly crossing
1159 the Faka Union Canal 0.6 miles more or less to a point; thence
1160 run southerly and parallel to the Faka Union Canal to a point
1161 located on the mean high-water line of Faka Union Bay; thence
1162 run southeasterly along the mean high-water line of the various
1163 bays, rivers, inlets, and streams to the point of beginning.
1164 (b) The area bounded by the line described in paragraph (a)
1165 generally includes those waters to be known as waters of the
1166 state. The landward extent of these waters shall be determined
1167 by the delineation methodology ratified in s. 373.4211. Any
1168 waters which are outside the general boundary line described in
1169 paragraph (a) but which are contiguous thereto by virtue of the
1170 presence of a wetland, watercourse, or other surface water, as
1171 determined by the delineation methodology ratified in s.
1172 373.4211, shall be a part of this waterbody water body. Any
1173 areas within the line described in paragraph (a) which are
1174 neither a wetland nor surface water, as determined by the
1175 delineation methodology ratified in s. 373.4211, shall be
1176 excluded therefrom. If the Florida Environmental Regulation
1177 Commission designates the waters within the boundaries an
1178 Outstanding Florida Water, waters outside the boundaries may
1179 shall not be included as part of such designation unless a
1180 hearing is held pursuant to notice in each appropriate county
1181 and the boundaries of such lands are specifically considered and
1182 described for such designation.
1183 (16)(14) “State water resource implementation rule” means
1184 the rule authorized by s. 373.036, which sets forth goals,
1185 objectives, and guidance for the development and review of
1186 programs, rules, and plans relating to water resources, based on
1187 statutory policies and directives. The waters of the state are
1188 among its most basic resources. Such waters should be managed to
1189 conserve and protect water resources and to realize the full
1190 beneficial use of these resources.
1191 (17)(15) “Stormwater management program” means the
1192 institutional strategy for stormwater management, including
1193 urban, agricultural, and other stormwater.
1194 (18)(16) “Stormwater management system” means a system
1195 which is designed and constructed or implemented to control
1196 discharges that which are necessitated by rainfall events,
1197 incorporating methods to collect, convey, store, absorb,
1198 inhibit, treat, use, or reuse water to prevent or reduce
1199 flooding, overdrainage, environmental degradation and water
1200 pollution or otherwise affect the quantity and quality of
1201 discharges from the system.
1202 (19)(17) “Stormwater utility” means the funding of a
1203 stormwater management program by assessing the cost of the
1204 program to the beneficiaries based on their relative
1205 contribution to its need. It is operated as a typical utility
1206 which bills services regularly, similar to water and wastewater
1207 services.
1208 (24)(18) “Watershed” means the land area that which
1209 contributes to the flow of water into a receiving body of water.
1210 (13)(19) “Regulated air pollutant” means any pollutant
1211 regulated under the federal Clean Air Act.
1212 (4)(20) “Electrical power plant” means, for purposes of
1213 this part of this chapter, any electrical generating facility
1214 that uses any process or fuel and that is owned or operated by
1215 an electric utility, as defined in s. 403.503(14), and includes
1216 any associated facility that directly supports the operation of
1217 the electrical power plant.
1218 (20)(21) “Total maximum daily load” is defined as the sum
1219 of the individual wasteload allocations for point sources and
1220 the load allocations for nonpoint sources and natural
1221 background. Prior to determining individual wasteload
1222 allocations and load allocations, the maximum amount of a
1223 pollutant that a waterbody water body or water segment can
1224 assimilate from all sources without exceeding water quality
1225 standards must first be calculated.
1226 Section 12. Paragraphs (a) and (e) of subsection (7) of
1227 section 403.067, Florida Statutes, are amended to read:
1228 403.067 Establishment and implementation of total maximum
1229 daily loads.—
1230 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1231 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1232 (a) Basin management action plans.—
1233 1. In developing and implementing the total maximum daily
1234 load for a waterbody water body, the department, or the
1235 department in conjunction with a water management district, may
1236 develop a basin management action plan that addresses some or
1237 all of the watersheds and basins tributary to the waterbody
1238 water body. Such plan must integrate the appropriate management
1239 strategies available to the state through existing water quality
1240 protection programs to achieve the total maximum daily loads and
1241 may provide for phased implementation of these management
1242 strategies to promote timely, cost-effective actions as provided
1243 for in s. 403.151. The plan must establish a schedule
1244 implementing the management strategies, establish a basis for
1245 evaluating the plan’s effectiveness, and identify feasible
1246 funding strategies for implementing the plan’s management
1247 strategies. The management strategies may include regional
1248 treatment systems or other public works, when appropriate, and
1249 voluntary trading of water quality credits to achieve the needed
1250 pollutant load reductions.
1251 2. A basin management action plan must equitably allocate,
1252 pursuant to paragraph (6)(b), pollutant reductions to individual
1253 basins, as a whole to all basins, or to each identified point
1254 source or category of nonpoint sources, as appropriate. For
1255 nonpoint sources for which best management practices have been
1256 adopted, the initial requirement specified by the plan must be
1257 those practices developed pursuant to paragraph (c). When
1258 appropriate, the plan may take into account the benefits of
1259 pollutant load reduction achieved by point or nonpoint sources
1260 that have implemented management strategies to reduce pollutant
1261 loads, including best management practices, before the
1262 development of the basin management action plan. The plan must
1263 also identify the mechanisms that will address potential future
1264 increases in pollutant loading.
1265 3. The basin management action planning process is intended
1266 to involve the broadest possible range of interested parties,
1267 with the objective of encouraging the greatest amount of
1268 cooperation and consensus possible. In developing a basin
1269 management action plan, the department shall assure that key
1270 stakeholders, including, but not limited to, applicable local
1271 governments, water management districts, the Department of
1272 Agriculture and Consumer Services, other appropriate state
1273 agencies, local soil and water conservation districts,
1274 environmental groups, regulated interests, and affected
1275 pollution sources, are invited to participate in the process.
1276 The department shall hold at least one public meeting in the
1277 vicinity of the watershed or basin to discuss and receive
1278 comments during the planning process and shall otherwise
1279 encourage public participation to the greatest practicable
1280 extent. Notice of the public meeting must be published in a
1281 newspaper of general circulation in each county in which the
1282 watershed or basin lies at least 5 days, but not more than 15
1283 days, before the public meeting. A basin management action plan
1284 does not supplant or otherwise alter any assessment made under
1285 subsection (3) or subsection (4) or any calculation or initial
1286 allocation.
1287 4. Each new or revised basin management action plan must
1288 shall include all of the following:
1289 a. The appropriate management strategies available through
1290 existing water quality protection programs to achieve total
1291 maximum daily loads, which may provide for phased implementation
1292 to promote timely, cost-effective actions as provided for in s.
1293 403.151.;
1294 b. A description of best management practices adopted by
1295 rule.;
1296 c. For the applicable 5-year implementation milestone, a
1297 list of projects that will achieve the pollutant load reductions
1298 needed to meet the total maximum daily load or the load
1299 allocations established pursuant to subsection (6). Each project
1300 must include a planning-level cost estimate and an estimated
1301 date of completion. A list of projects in priority ranking with
1302 a planning-level cost estimate and estimated date of completion
1303 for each listed project;
1304 d. A list of projects developed pursuant to paragraph (e),
1305 if applicable.
1306 e.d. The source and amount of financial assistance to be
1307 made available by the department, a water management district,
1308 or other entity for each listed project, if applicable.; and
1309 f.e. A planning-level estimate of each listed project’s
1310 expected load reduction, if applicable.
1311 5. The department shall adopt all or any part of a basin
1312 management action plan and any amendment to such plan by
1313 secretarial order pursuant to chapter 120 to implement this
1314 section.
1315 6. The basin management action plan must include 5-year
1316 milestones for implementation and water quality improvement, and
1317 an associated water quality monitoring component sufficient to
1318 evaluate whether reasonable progress in pollutant load
1319 reductions is being achieved over time. An assessment of
1320 progress toward these milestones shall be conducted every 5
1321 years, and revisions to the plan shall be made as appropriate.
1322 Any entity with a specific pollutant load reduction requirement
1323 established in a basin management action plan shall identify the
1324 projects or strategies that such entity will undertake to meet
1325 current 5-year pollution reduction milestones, beginning with
1326 the first 5-year milestone for new basin management action
1327 plans, and submit such projects to the department for inclusion
1328 in the appropriate basin management action plan. Each project
1329 identified must include an estimated amount of nutrient
1330 reduction that is reasonably expected to be achieved based on
1331 the best scientific information available. Revisions to the
1332 basin management action plan shall be made by the department in
1333 cooperation with basin stakeholders. Revisions to the management
1334 strategies required for nonpoint sources must follow the
1335 procedures in subparagraph (c)4. Revised basin management action
1336 plans must be adopted pursuant to subparagraph 5.
1337 7. In accordance with procedures adopted by rule under
1338 paragraph (9)(c), basin management action plans, and other
1339 pollution control programs under local, state, or federal
1340 authority as provided in subsection (4), may allow point or
1341 nonpoint sources that will achieve greater pollutant reductions
1342 than required by an adopted total maximum daily load or
1343 wasteload allocation to generate, register, and trade water
1344 quality credits for the excess reductions to enable other
1345 sources to achieve their allocation; however, the generation of
1346 water quality credits does not remove the obligation of a source
1347 or activity to meet applicable technology requirements or
1348 adopted best management practices. Such plans must allow trading
1349 between NPDES permittees, and trading that may or may not
1350 involve NPDES permittees, where the generation or use of the
1351 credits involve an entity or activity not subject to department
1352 water discharge permits whose owner voluntarily elects to obtain
1353 department authorization for the generation and sale of credits.
1354 8. The department’s rule relating to the equitable
1355 abatement of pollutants into surface waters do not apply to
1356 water bodies or waterbody water body segments for which a basin
1357 management plan that takes into account future new or expanded
1358 activities or discharges has been adopted under this section.
1359 9. In order to promote resilient wastewater utilities, if
1360 the department identifies domestic wastewater treatment
1361 facilities or onsite sewage treatment and disposal systems as
1362 contributors of at least 20 percent of point source or nonpoint
1363 source nutrient pollution or if the department determines
1364 remediation is necessary to achieve the total maximum daily
1365 load, a basin management action plan for a nutrient total
1366 maximum daily load must include the following:
1367 a. A wastewater treatment plan developed by each local
1368 government, in cooperation with the department, the water
1369 management district, and the public and private domestic
1370 wastewater treatment facilities within the jurisdiction of the
1371 local government, that addresses domestic wastewater. The
1372 wastewater treatment plan must:
1373 (I) Provide for construction, expansion, or upgrades
1374 necessary to achieve the total maximum daily load requirements
1375 applicable to the domestic wastewater treatment facility.
1376 (II) Include the permitted capacity in average annual
1377 gallons per day for the domestic wastewater treatment facility;
1378 the average nutrient concentration and the estimated average
1379 nutrient load of the domestic wastewater; a projected timeline
1380 of the dates by which the construction of any facility
1381 improvements will begin and be completed and the date by which
1382 operations of the improved facility will begin; the estimated
1383 cost of the improvements; and the identity of responsible
1384 parties.
1385
1386 The wastewater treatment plan must be adopted as part of the
1387 basin management action plan no later than July 1, 2025. A local
1388 government that does not have a domestic wastewater treatment
1389 facility in its jurisdiction is not required to develop a
1390 wastewater treatment plan unless there is a demonstrated need to
1391 establish a domestic wastewater treatment facility within its
1392 jurisdiction to improve water quality necessary to achieve a
1393 total maximum daily load. A local government is not responsible
1394 for a private domestic wastewater facility’s compliance with a
1395 basin management action plan unless such facility is operated
1396 through a public-private partnership to which the local
1397 government is a party.
1398 b. An onsite sewage treatment and disposal system
1399 remediation plan developed by each local government in
1400 cooperation with the department, the Department of Health, water
1401 management districts, and public and private domestic wastewater
1402 treatment facilities.
1403 (I) The onsite sewage treatment and disposal system
1404 remediation plan must identify cost-effective and financially
1405 feasible projects necessary to achieve the nutrient load
1406 reductions required for onsite sewage treatment and disposal
1407 systems. To identify cost-effective and financially feasible
1408 projects for remediation of onsite sewage treatment and disposal
1409 systems, the local government shall:
1410 (A) Include an inventory of onsite sewage treatment and
1411 disposal systems based on the best information available;
1412 (B) Identify onsite sewage treatment and disposal systems
1413 that would be eliminated through connection to existing or
1414 future central domestic wastewater infrastructure in the
1415 jurisdiction or domestic wastewater service area of the local
1416 government, that would be replaced with or upgraded to enhanced
1417 nutrient-reducing onsite sewage treatment and disposal systems,
1418 or that would remain on conventional onsite sewage treatment and
1419 disposal systems;
1420 (C) Estimate the costs of potential onsite sewage treatment
1421 and disposal system connections, upgrades, or replacements; and
1422 (D) Identify deadlines and interim milestones for the
1423 planning, design, and construction of projects.
1424 (II) The department shall adopt the onsite sewage treatment
1425 and disposal system remediation plan as part of the basin
1426 management action plan no later than July 1, 2025, or as
1427 required for Outstanding Florida Springs under s. 373.807.
1428 10. The installation of new onsite sewage treatment and
1429 disposal systems constructed within a basin management action
1430 plan area adopted under this section, a reasonable assurance
1431 plan, or a pollution reduction plan is prohibited where
1432 connection to a publicly owned or investor-owned sewerage system
1433 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1434 or less within a basin management action plan adopted under this
1435 section, a reasonable assurance plan, or a pollution reduction
1436 plan where a publicly owned or investor-owned sewerage system is
1437 not available, the installation of enhanced nutrient-reducing
1438 onsite sewage treatment and disposal systems or other wastewater
1439 treatment systems that achieve at least 50 percent nutrient
1440 reduction compared to a standard onsite sewage treatment and
1441 disposal system is required.
1442 11.10. When identifying wastewater projects in a basin
1443 management action plan, the department may not require the
1444 higher cost option if it achieves the same nutrient load
1445 reduction as a lower cost option. A regulated entity may choose
1446 a different cost option if it complies with the pollutant
1447 reduction requirements of an adopted total maximum daily load
1448 and meets or exceeds the pollution reduction requirement of the
1449 original project.
1450 12. Annually, local governments subject to a basin
1451 management action plan or located within the basin of a
1452 waterbody not attaining nutrient or nutrient-related standards
1453 must provide to the department an update on the status of
1454 construction of sanitary sewers to serve such areas, in a manner
1455 prescribed by the department.
1456 (e) Cooperative agricultural regional water quality
1457 improvement element.—
1458 1. The department and, the Department of Agriculture and
1459 Consumer Services, in cooperation with and owners of
1460 agricultural operations in the basin, shall develop a
1461 cooperative agricultural regional water quality improvement
1462 element as part of a basin management action plan where only if:
1463 a. Agricultural measures have been adopted by the
1464 Department of Agriculture and Consumer Services pursuant to
1465 subparagraph (c)2. and have been implemented and the water body
1466 remains impaired;
1467 b. Agricultural nonpoint sources contribute to at least 20
1468 percent of nonpoint source nutrient discharges; or and
1469 b.c. The department determines that additional measures, in
1470 combination with state-sponsored regional projects and other
1471 management strategies included in the basin management action
1472 plan, are necessary to achieve the total maximum daily load.
1473 2. The element will be implemented through the use of cost
1474 effective and technically and financially practical regional
1475 agricultural nutrient reduction cost-sharing projects and. The
1476 element must include a list of such projects submitted to the
1477 department by the Department of Agriculture and Consumer
1478 Services which, in combination with the best management
1479 practices, additional measures, and other management strategies,
1480 will achieve the needed pollutant load reductions established
1481 for agricultural nonpoint sources cost-effective and technically
1482 and financially practical cooperative regional agricultural
1483 nutrient reduction projects that can be implemented on private
1484 properties on a site-specific, cooperative basis. Such
1485 cooperative regional agricultural nutrient reduction projects
1486 may include, but are not limited to, land acquisition in fee or
1487 conservation easements on the lands of willing sellers and site
1488 specific water quality improvement or dispersed water management
1489 projects. The list of regional projects included in the
1490 cooperative agricultural regional water quality improvement
1491 element must include a planning-level cost estimate of each
1492 project along with the estimated amount of nutrient reduction
1493 that such project will achieve on the lands of project
1494 participants.
1495 3. To qualify for participation in the cooperative
1496 agricultural regional water quality improvement element, the
1497 participant must have already implemented and be in compliance
1498 with best management practices or other measures adopted by the
1499 Department of Agriculture and Consumer Services pursuant to
1500 subparagraph (c)2. The element must may be included in the basin
1501 management action plan as a part of the next 5-year assessment
1502 under subparagraph (a)6.
1503 4. The department or the Department of Agriculture and
1504 Consumer Services may submit a legislative budget request to
1505 fund projects developed pursuant to this paragraph. In
1506 allocating funds for projects funded pursuant to this paragraph,
1507 the department shall provide at least 20 percent of its annual
1508 appropriation for projects in subbasins with the highest
1509 nutrient concentrations within a basin management action plan.
1510 Projects submitted pursuant to this paragraph are eligible for
1511 funding in accordance with s. 403.0673.
1512 Section 13. Section 403.0673, Florida Statutes, is amended
1513 to read:
1514 403.0673 Water quality improvement Wastewater grant
1515 program.—A wastewater grant program is established within the
1516 Department of Environmental Protection to address wastewater,
1517 stormwater, and agricultural sources of nutrient loading to
1518 surface water or groundwater.
1519 (1) The purpose of the grant program is to fund projects
1520 that will improve the quality of waters that:
1521 (a) Are not attaining nutrient or nutrient-related
1522 standards;
1523 (b) Have an established total maximum daily load; or
1524 (c) Are located Subject to the appropriation of funds by
1525 the Legislature, the department may provide grants for the
1526 following projects within a basin management action plan area, a
1527 reasonable assurance plan area an alternative restoration plan
1528 adopted by final order, an accepted alternative restoration plan
1529 area, or a rural area of opportunity under s. 288.0656.
1530 (2) The department may provide grants for all of the
1531 following types of projects that reduce the amount of nutrients
1532 entering those waters identified in subsection (1):
1533 (a) Connecting onsite sewage treatment and disposal systems
1534 to central sewer facilities.
1535 (b) Upgrading domestic wastewater treatment facilities to
1536 advanced waste treatment or greater.
1537 (c) Repairing, upgrading, expanding, or constructing
1538 stormwater treatment facilities that result in improvements to
1539 surface water or groundwater quality.
1540 (d) Repairing, upgrading, expanding, or constructing
1541 domestic wastewater treatment facilities that result in
1542 improvements to surface water or groundwater quality, including
1543 domestic wastewater reuse and collection systems.
1544 (e) Projects identified pursuant to s. 403.067(7)(a) or
1545 (7)(e).
1546 (f) Projects identified in a wastewater treatment plan or
1547 an onsite sewage treatment and disposal system remediation plan
1548 developed pursuant to s. 403.067(7)(a)9.a. and b.
1549 (g) Projects listed in a city or county capital improvement
1550 element pursuant to s. 163.3177(3)(a)4.b.
1551 (h) Retrofitting onsite sewage treatment and disposal
1552 systems to upgrade such systems to enhanced nutrient-reducing
1553 onsite sewage treatment and disposal systems where central
1554 sewerage is unavailable which will individually or collectively
1555 reduce excess nutrient pollution:
1556 (a) Projects to retrofit onsite sewage treatment and
1557 disposal systems to upgrade such systems to enhanced nutrient
1558 reducing onsite sewage treatment and disposal systems.
1559 (b) Projects to construct, upgrade, or expand facilities to
1560 provide advanced waste treatment, as defined in s. 403.086(4).
1561 (c) Projects to connect onsite sewage treatment and
1562 disposal systems to central sewer facilities.
1563 (3)(2) In allocating such funds, priority must be given to
1564 projects that subsidize the connection of onsite sewage
1565 treatment and disposal systems to wastewater treatment
1566 facilities. First priority must be given to subsidize the
1567 connection of onsite sewage treatment and disposal systems to
1568 existing infrastructure. Second priority must be given to any
1569 expansion of a collection or transmission system that promotes
1570 efficiency by planning the installation of wastewater
1571 transmission facilities to be constructed concurrently with
1572 other construction projects occurring within or along a
1573 transportation facility right-of-way. Third priority must be
1574 given to all other connections of onsite sewage treatment and
1575 disposal systems to wastewater treatment facilities. The
1576 department shall consider and prioritize those projects that
1577 have the maximum estimated reduction in nutrient load per
1578 project; demonstrate project readiness; are cost-effective,
1579 including the percent cost share identified by the applicant,
1580 except for rural areas of opportunity; provide an the cost
1581 effectiveness of the project; the overall environmental benefit,
1582 including any projected water savings associated with reclaimed
1583 water use; and are in of a project; the location where
1584 reductions are most needed of a project; the availability of
1585 local matching funds; and projected water savings or quantity
1586 improvements associated with a project.
1587 (3) Each grant for a project described in subsection (1)
1588 must require a minimum of a 50-percent local match of funds.
1589 However, the department may, at its discretion, waive, in whole
1590 or in part, this consideration of the local contribution for
1591 proposed projects within an area designated as a rural area of
1592 opportunity under s. 288.0656.
1593 (4) The department shall coordinate annually with each
1594 water management district, as necessary, to identify potential
1595 projects grant recipients in each district.
1596 (5) The department shall coordinate with local governments
1597 and stakeholders to identify the most effective and beneficial
1598 water quality improvement projects.
1599 (6) Beginning January 1, 2024 2021, and each January 1
1600 thereafter, the department shall submit a report regarding the
1601 projects funded pursuant to this section to the Governor, the
1602 President of the Senate, and the Speaker of the House of
1603 Representatives.
1604 Section 14. Paragraph (c) of subsection (1) of section
1605 403.086, Florida Statutes, is amended to read:
1606 403.086 Sewage disposal facilities; advanced and secondary
1607 waste treatment.—
1608 (1)
1609 (c)1. Notwithstanding this chapter or chapter 373, sewage
1610 disposal facilities may not dispose of any wastes into the
1611 following waters without providing advanced waste treatment, as
1612 defined in subsection (4), as approved by the department or a
1613 more stringent treatment standard if the department determines
1614 the more stringent standard is necessary to achieve the total
1615 maximum daily load or applicable water quality criteria:
1616 a. Old Tampa Bay, Tampa Bay, Hillsborough Bay, Boca Ciega
1617 Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little
1618 Sarasota Bay, Roberts Bay, Lemon Bay, Charlotte Harbor Bay,
1619 Biscayne Bay, or any river, stream, channel, canal, bay, bayou,
1620 sound, or other water tributary thereto.,
1621 b. Beginning July 1, 2025, Indian River Lagoon, or into any
1622 river, stream, channel, canal, bay, bayou, sound, or other water
1623 tributary thereto.
1624 c. By January 1, 2033, waterbodies that are currently not
1625 attaining nutrient or nutrient-related standards or that are
1626 subject to a nutrient or nutrient-related basin management
1627 action plan adopted pursuant to s. 403.067 or adopted reasonable
1628 assurance plan.
1629 2. For any waterbody determined not to be attaining
1630 nutrient or nutrient-related standards after July 1, 2023, or
1631 subject to a nutrient or nutrient-related basin management
1632 action plan adopted pursuant to s. 403.067 or adopted reasonable
1633 assurance plan after July 1, 2023, sewage disposal facilities
1634 are prohibited from disposing any wastes into such waters
1635 without providing advanced waste treatment, as defined in
1636 subsection (4), as approved by the department within 10 years
1637 after such determination or adoption, without providing advanced
1638 waste treatment, as defined in subsection (4), approved by the
1639 department. This paragraph does not apply to facilities which
1640 were permitted by February 1, 1987, and which discharge
1641 secondary treated effluent, followed by water hyacinth
1642 treatment, to tributaries of tributaries of the named waters; or
1643 to facilities permitted to discharge to the nontidally
1644 influenced portions of the Peace River.
1645 Section 15. Paragraph (h) of subsection (4) of section
1646 201.15, Florida Statutes, is amended to read:
1647 201.15 Distribution of taxes collected.—All taxes collected
1648 under this chapter are hereby pledged and shall be first made
1649 available to make payments when due on bonds issued pursuant to
1650 s. 215.618 or s. 215.619, or any other bonds authorized to be
1651 issued on a parity basis with such bonds. Such pledge and
1652 availability for the payment of these bonds shall have priority
1653 over any requirement for the payment of service charges or costs
1654 of collection and enforcement under this section. All taxes
1655 collected under this chapter, except taxes distributed to the
1656 Land Acquisition Trust Fund pursuant to subsections (1) and (2),
1657 are subject to the service charge imposed in s. 215.20(1).
1658 Before distribution pursuant to this section, the Department of
1659 Revenue shall deduct amounts necessary to pay the costs of the
1660 collection and enforcement of the tax levied by this chapter.
1661 The costs and service charge may not be levied against any
1662 portion of taxes pledged to debt service on bonds to the extent
1663 that the costs and service charge are required to pay any
1664 amounts relating to the bonds. All of the costs of the
1665 collection and enforcement of the tax levied by this chapter and
1666 the service charge shall be available and transferred to the
1667 extent necessary to pay debt service and any other amounts
1668 payable with respect to bonds authorized before January 1, 2017,
1669 secured by revenues distributed pursuant to this section. All
1670 taxes remaining after deduction of costs shall be distributed as
1671 follows:
1672 (4) After the required distributions to the Land
1673 Acquisition Trust Fund pursuant to subsections (1) and (2) and
1674 deduction of the service charge imposed pursuant to s.
1675 215.20(1), the remainder shall be distributed as follows:
1676 (h) An amount equaling 5.4175 percent of the remainder
1677 shall be paid into the Water Protection and Sustainability
1678 Program Trust Fund to be used to fund water quality improvement
1679 wastewater grants as specified in s. 403.0673.
1680 Section 16. Paragraph (l) of subsection (3), paragraph (a)
1681 of subsection (5), and paragraph (i) of subsection (15) of
1682 section 259.105, Florida Statutes, are amended to read:
1683 259.105 The Florida Forever Act.—
1684 (3) Less the costs of issuing and the costs of funding
1685 reserve accounts and other costs associated with bonds, the
1686 proceeds of cash payments or bonds issued pursuant to this
1687 section shall be deposited into the Florida Forever Trust Fund
1688 created by s. 259.1051. The proceeds shall be distributed by the
1689 Department of Environmental Protection in the following manner:
1690 (l) For the purposes of paragraphs (e), (f), (g), and (h),
1691 the agencies that receive the funds shall develop their
1692 individual acquisition or restoration lists in accordance with
1693 specific criteria and numeric performance measures developed
1694 pursuant to s. 259.035(4). Proposed additions may be acquired if
1695 they are identified within the original project boundary, the
1696 management plan required pursuant to s. 253.034(5), or the
1697 management prospectus required pursuant to s. 259.032(7)(b) s.
1698 259.032(7)(c). Proposed additions not meeting the requirements
1699 of this paragraph shall be submitted to the council for
1700 approval. The council may only approve the proposed addition if
1701 it meets two or more of the following criteria: serves as a link
1702 or corridor to other publicly owned property; enhances the
1703 protection or management of the property; would add a desirable
1704 resource to the property; would create a more manageable
1705 boundary configuration; has a high resource value that otherwise
1706 would be unprotected; or can be acquired at less than fair
1707 market value.
1708 (5)(a) All lands acquired pursuant to this section shall be
1709 managed for multiple-use purposes, where compatible with the
1710 resource values of and management objectives for such lands. As
1711 used in this section, “multiple-use” includes, but is not
1712 limited to, outdoor recreational activities as described in ss.
1713 253.034 and 259.032(7)(a)2. ss. 253.034 and 259.032(7)(b), water
1714 resource development projects, sustainable forestry management,
1715 carbon sequestration, carbon mitigation, or carbon offsets.
1716 (15) The council shall submit to the board, with its list
1717 of projects, a report that includes, but need not be limited to,
1718 the following information for each project listed:
1719 (i) A management policy statement for the project and a
1720 management prospectus pursuant to s. 259.032(7)(b) s.
1721 259.032(7)(c).
1722 Section 17. Subsection (17) of section 373.019, Florida
1723 Statutes, is amended to read:
1724 373.019 Definitions.—When appearing in this chapter or in
1725 any rule, regulation, or order adopted pursuant thereto, the
1726 term:
1727 (17) “Reclaimed water” means water that has received at
1728 least secondary treatment and basic disinfection and is reused
1729 after flowing out of a domestic wastewater treatment facility.
1730 Reclaimed water is not subject to regulation pursuant to s.
1731 373.175 or part II of this chapter until it has been discharged
1732 into waters as defined in s. 403.031 s. 403.031(13).
1733 Section 18. Section 373.4132, Florida Statutes, is amended
1734 to read:
1735 373.4132 Dry storage facility permitting.—The governing
1736 board or the department shall require a permit under this part,
1737 including s. 373.4145, for the construction, alteration,
1738 operation, maintenance, abandonment, or removal of a dry storage
1739 facility for 10 or more vessels that is functionally associated
1740 with a boat launching area. As part of an applicant’s
1741 demonstration that such a facility will not be harmful to the
1742 water resources and will not be inconsistent with the overall
1743 objectives of the district, the governing board or department
1744 shall require the applicant to provide reasonable assurance that
1745 the secondary impacts from the facility will not cause adverse
1746 impacts to the functions of wetlands and surface waters,
1747 including violations of state water quality standards applicable
1748 to waters as defined in s. 403.031 s. 403.031(13), and will meet
1749 the public interest test of s. 373.414(1)(a), including the
1750 potential adverse impacts to manatees. Nothing in this section
1751 shall affect the authority of the governing board or the
1752 department to regulate such secondary impacts under this part
1753 for other regulated activities.
1754 Section 19. Subsection (1) of section 373.414, Florida
1755 Statutes, is amended to read:
1756 373.414 Additional criteria for activities in surface
1757 waters and wetlands.—
1758 (1) As part of an applicant’s demonstration that an
1759 activity regulated under this part will not be harmful to the
1760 water resources or will not be inconsistent with the overall
1761 objectives of the district, the governing board or the
1762 department shall require the applicant to provide reasonable
1763 assurance that state water quality standards applicable to
1764 waters as defined in s. 403.031 s. 403.031(13) will not be
1765 violated and reasonable assurance that such activity in, on, or
1766 over surface waters or wetlands, as delineated in s. 373.421(1),
1767 is not contrary to the public interest. However, if such an
1768 activity significantly degrades or is within an Outstanding
1769 Florida Water, as provided by department rule, the applicant
1770 must provide reasonable assurance that the proposed activity
1771 will be clearly in the public interest.
1772 (a) In determining whether an activity, which is in, on, or
1773 over surface waters or wetlands, as delineated in s. 373.421(1),
1774 and is regulated under this part, is not contrary to the public
1775 interest or is clearly in the public interest, the governing
1776 board or the department shall consider and balance the following
1777 criteria:
1778 1. Whether the activity will adversely affect the public
1779 health, safety, or welfare or the property of others;
1780 2. Whether the activity will adversely affect the
1781 conservation of fish and wildlife, including endangered or
1782 threatened species, or their habitats;
1783 3. Whether the activity will adversely affect navigation or
1784 the flow of water or cause harmful erosion or shoaling;
1785 4. Whether the activity will adversely affect the fishing
1786 or recreational values or marine productivity in the vicinity of
1787 the activity;
1788 5. Whether the activity will be of a temporary or permanent
1789 nature;
1790 6. Whether the activity will adversely affect or will
1791 enhance significant historical and archaeological resources
1792 under the provisions of s. 267.061; and
1793 7. The current condition and relative value of functions
1794 being performed by areas affected by the proposed activity.
1795 (b) If the applicant is unable to otherwise meet the
1796 criteria set forth in this subsection, the governing board or
1797 the department, in deciding to grant or deny a permit, must
1798 shall consider measures proposed by or acceptable to the
1799 applicant to mitigate adverse effects that may be caused by the
1800 regulated activity. Such measures may include, but are not
1801 limited to, onsite mitigation, offsite mitigation, offsite
1802 regional mitigation, and the purchase of mitigation credits from
1803 mitigation banks permitted under s. 373.4136. It is shall be the
1804 responsibility of the applicant to choose the form of
1805 mitigation. The mitigation must offset the adverse effects
1806 caused by the regulated activity.
1807 1. The department or water management districts may accept
1808 the donation of money as mitigation only where the donation is
1809 specified for use in a duly noticed environmental creation,
1810 preservation, enhancement, or restoration project, endorsed by
1811 the department or the governing board of the water management
1812 district, which offsets the impacts of the activity permitted
1813 under this part. However, the provisions of this subsection does
1814 shall not apply to projects undertaken pursuant to s. 373.4137
1815 or chapter 378. Where a permit is required under this part to
1816 implement any project endorsed by the department or a water
1817 management district, all necessary permits must have been issued
1818 prior to the acceptance of any cash donation. After the
1819 effective date of this act, when money is donated to either the
1820 department or a water management district to offset impacts
1821 authorized by a permit under this part, the department or the
1822 water management district shall accept only a donation that
1823 represents the full cost to the department or water management
1824 district of undertaking the project that is intended to mitigate
1825 the adverse impacts. The full cost shall include all direct and
1826 indirect costs, as applicable, such as those for land
1827 acquisition, land restoration or enhancement, perpetual land
1828 management, and general overhead consisting of costs such as
1829 staff time, building, and vehicles. The department or the water
1830 management district may use a multiplier or percentage to add to
1831 other direct or indirect costs to estimate general overhead.
1832 Mitigation credit for such a donation may shall be given only to
1833 the extent that the donation covers the full cost to the agency
1834 of undertaking the project that is intended to mitigate the
1835 adverse impacts. However, nothing herein may shall be construed
1836 to prevent the department or a water management district from
1837 accepting a donation representing a portion of a larger project,
1838 provided that the donation covers the full cost of that portion
1839 and mitigation credit is given only for that portion. The
1840 department or water management district may deviate from the
1841 full cost requirements of this subparagraph to resolve a
1842 proceeding brought pursuant to chapter 70 or a claim for inverse
1843 condemnation. Nothing in this section may shall be construed to
1844 require the owner of a private mitigation bank, permitted under
1845 s. 373.4136, to include the full cost of a mitigation credit in
1846 the price of the credit to a purchaser of said credit.
1847 2. The department and each water management district shall
1848 report by March 1 of each year, as part of the consolidated
1849 annual report required by s. 373.036(7), all cash donations
1850 accepted under subparagraph 1. during the preceding water
1851 management district fiscal year for wetland mitigation purposes.
1852 The report must shall exclude those contributions pursuant to s.
1853 373.4137. The report must shall include a description of the
1854 endorsed mitigation projects and, except for projects governed
1855 by s. 373.4135(6), must shall address, as applicable, success
1856 criteria, project implementation status and timeframe,
1857 monitoring, long-term management, provisions for preservation,
1858 and full cost accounting.
1859 3. If the applicant is unable to meet water quality
1860 standards because existing ambient water quality does not meet
1861 standards, the governing board or the department must shall
1862 consider mitigation measures proposed by or acceptable to the
1863 applicant that cause net improvement of the water quality in the
1864 receiving body of water for those parameters which do not meet
1865 standards.
1866 4. If mitigation requirements imposed by a local government
1867 for surface water and wetland impacts of an activity regulated
1868 under this part cannot be reconciled with mitigation
1869 requirements approved under a permit for the same activity
1870 issued under this part, including application of the uniform
1871 wetland mitigation assessment method adopted pursuant to
1872 subsection (18), the mitigation requirements for surface water
1873 and wetland impacts are shall be controlled by the permit issued
1874 under this part.
1875 (c) Where activities for a single project regulated under
1876 this part occur in more than one local government jurisdiction,
1877 and where permit conditions or regulatory requirements are
1878 imposed by a local government for these activities which cannot
1879 be reconciled with those imposed by a permit under this part for
1880 the same activities, the permit conditions or regulatory
1881 requirements are shall be controlled by the permit issued under
1882 this part.
1883 Section 20. Section 373.4142, Florida Statutes, is amended
1884 to read:
1885 373.4142 Water quality within stormwater treatment
1886 systems.—State surface water quality standards applicable to
1887 waters of the state, as defined in s. 403.031 s. 403.031(13), do
1888 shall not apply within a stormwater management system which is
1889 designed, constructed, operated, and maintained for stormwater
1890 treatment in accordance with a valid permit or noticed exemption
1891 issued pursuant to chapter 62-25, Florida Administrative Code; a
1892 valid permit or exemption under s. 373.4145 within the Northwest
1893 Florida Water Management District; a valid permit issued on or
1894 subsequent to April 1, 1986, within the Suwannee River Water
1895 Management District or the St. Johns River Water Management
1896 District pursuant to this part; a valid permit issued on or
1897 subsequent to March 1, 1988, within the Southwest Florida Water
1898 Management District pursuant to this part; or a valid permit
1899 issued on or subsequent to January 6, 1982, within the South
1900 Florida Water Management District pursuant to this part. Such
1901 inapplicability of state water quality standards shall be
1902 limited to that part of the stormwater management system located
1903 upstream of a manmade water control structure permitted, or
1904 approved under a noticed exemption, to retain or detain
1905 stormwater runoff in order to provide treatment of the
1906 stormwater. The additional use of such a stormwater management
1907 system for flood attenuation or irrigation does shall not divest
1908 the system of the benefits of this exemption. This section does
1909 shall not affect the authority of the department and water
1910 management districts to require reasonable assurance that the
1911 water quality within such stormwater management systems will not
1912 adversely impact public health, fish and wildlife, or adjacent
1913 waters.
1914 Section 21. Paragraph (a) of subsection (1) of section
1915 373.430, Florida Statutes, is amended to read:
1916 373.430 Prohibitions, violation, penalty, intent.—
1917 (1) It shall be a violation of this part, and it shall be
1918 prohibited for any person:
1919 (a) To cause pollution, as defined in s. 403.031 s.
1920 403.031(7), except as otherwise provided in this part, so as to
1921 harm or injure human health or welfare, animal, plant, or
1922 aquatic life or property.
1923 Section 22. Paragraph (n) of subsection (2) of section
1924 373.4592, Florida Statutes, is amended to read:
1925 373.4592 Everglades improvement and management.—
1926 (2) DEFINITIONS.—As used in this section:
1927 (n) “Stormwater management program” shall have the meaning
1928 set forth in s. 403.031 s. 403.031(15).
1929 Section 23. Paragraph (c) of subsection (1) of section
1930 403.890, Florida Statutes, is amended to read:
1931 403.890 Water Protection and Sustainability Program.—
1932 (1) Revenues deposited into or appropriated to the Water
1933 Protection and Sustainability Program Trust Fund shall be
1934 distributed by the Department of Environmental Protection for
1935 the following purposes:
1936 (c) The water quality improvement wastewater grant program
1937 as provided in s. 403.0673.
1938 Section 24. Paragraph (b) of subsection (1) of section
1939 403.892, Florida Statutes, is amended to read:
1940 403.892 Incentives for the use of graywater technologies.—
1941 (1) As used in this section, the term:
1942 (b) “Graywater” has the same meaning as in s. 381.0065(2)
1943 s. 381.0065(2)(f).
1944 Section 25. Paragraphs (c) and (d) of subsection (2) of
1945 section 403.9301, Florida Statutes, are amended to read:
1946 403.9301 Wastewater services projections.—
1947 (2) As used in this section, the term:
1948 (c) “Treatment works” has the same meaning as provided in
1949 s. 403.031 s. 403.031(11).
1950 (d) “Wastewater services” means service to a sewerage
1951 system, as defined in s. 403.031 s. 403.031(9), or service to
1952 domestic wastewater treatment works.
1953 Section 26. Paragraphs (b) and (c) of subsection (2) of
1954 section 403.9302, Florida Statutes, are amended to read:
1955 403.9302 Stormwater management projections.—
1956 (2) As used in this section, the term:
1957 (b) “Stormwater management program” has the same meaning as
1958 provided in s. 403.031 s. 403.031(15).
1959 (c) “Stormwater management system” has the same meaning as
1960 provided in s. 403.031 s. 403.031(16).
1961 Section 27. For the purpose of incorporating the amendment
1962 made by this act to section 259.032, Florida Statutes, in a
1963 reference thereto, subsection (6) of section 259.045, Florida
1964 Statutes, is reenacted to read:
1965 259.045 Purchase of lands in areas of critical state
1966 concern; recommendations by department and land authorities.
1967 Within 45 days after the Administration Commission designates an
1968 area as an area of critical state concern under s. 380.05, and
1969 annually thereafter, the Department of Environmental Protection
1970 shall consider the recommendations of the state land planning
1971 agency pursuant to s. 380.05(1)(a) relating to purchase of lands
1972 within an area of critical state concern or lands outside an
1973 area of critical state concern that directly impact an area of
1974 critical state concern, which may include lands used to preserve
1975 and protect water supply, and shall make recommendations to the
1976 board with respect to the purchase of the fee or any lesser
1977 interest in any such lands that are:
1978 (6) Lands used to prevent or satisfy private property
1979 rights claims resulting from limitations imposed by the
1980 designation of an area of critical state concern if the
1981 acquisition of such lands fulfills a public purpose listed in s.
1982 259.032(2) or if the parcel is wholly or partially, at the time
1983 of acquisition, on one of the board’s approved acquisition lists
1984 established pursuant to this chapter. For the purposes of this
1985 subsection, if a parcel is estimated to be worth $500,000 or
1986 less and the director of the Division of State Lands finds that
1987 the cost of an outside appraisal is not justified, a comparable
1988 sales analysis, an appraisal prepared by the Division of State
1989 Lands, or other reasonably prudent procedures may be used by the
1990 Division of State Lands to estimate the value of the parcel,
1991 provided the public’s interest is reasonably protected.
1992
1993 The department, a local government, a special district, or a
1994 land authority within an area of critical state concern may make
1995 recommendations with respect to additional purchases which were
1996 not included in the state land planning agency recommendations.
1997 Section 28. The Legislature determines and declares that
1998 this act fulfills an important state interest.
1999 Section 29. This act shall take effect July 1, 2023.
