Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 274
Barcode 298344
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2009 .
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The Committee on Health Regulation (Sobel) recommended the
following:
1 Senate Substitute for Amendment (877116) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 23. Part IV of chapter 369, Florida Statutes,
7 consisting of sections 369.401, 369.402, 369.403, 369.404,
8 369.405, 369.406, 369.407, and 369.408, is created to read:
9 369.401 Short title.—This part may be cited as the “Florida
10 Springs Protection Act.”
11 369.402 Legislative findings and intent.—
12 (1) Florida’s springs are a precious and fragile natural
13 resource that must be protected. Springs provide recreational
14 opportunities for swimmers, canoeists, wildlife watchers, cave
15 divers, and others. Because of the recreational opportunities
16 and accompanying tourism, many of the state’s springs greatly
17 benefit state and local economies. In addition, springs provide
18 critical habitat for plants and animals, including many
19 endangered or threatened species, and serve as indicators of
20 groundwater and surface water quality.
21 (2) In general, Florida’s springs, whether found in urban
22 or rural settings, or on public or private lands, are threatened
23 by actual, or potential, flow reductions and declining water
24 quality. Many of Florida’s springs show signs of ecological
25 imbalance, increased nutrient loading, and lowered water flow.
26 Groundwater sources of spring discharges are recharged by
27 seepage from the surface and through direct conduits such as
28 sinkholes and can be adversely affected by polluted runoff from
29 urban and agricultural lands and discharges resulting from poor
30 wastewater management practices.
31 (3) Springs and groundwater can be restored through good
32 stewardship, including effective planning strategies, best
33 management practices, and appropriate regulatory programs that
34 preserve and protect the springs and their springsheds.
35 369.403 Definitions.—As used in this part, the term:
36 (1) “Cooperating entities” means the Department of
37 Environmental Protection, the Department of Health, the
38 Department of Agriculture and Consumer Services, the Department
39 of Community Affairs, the Department of Transportation, and each
40 water management district and those county and municipal
41 governments having jurisdiction in the areas of the springs
42 identified in s. 369.404.
43 (2) “Department” means the Department of Environmental
44 Protection.
45 (3) “Estimated sewage flow” means the quantity of domestic
46 and commercial wastewater in gallons per day which is expected
47 to be produced by an establishment or single-family residence as
48 determined by rule of the Department of Health.
49 (4) “First magnitude spring” means a spring that has a
50 median discharge of greater than or equal to 100 cubic feet per
51 second for the period of record, as determined by the
52 department.
53 (5) “Karst” means landforms, generally formed by the
54 dissolution of soluble rocks such as limestone or dolostone,
55 forming direct connections to the groundwater such as springs,
56 sinkholes, sinking streams, closed depressions, subterranean
57 drainage, and caves.
58 (6) “Onsite sewage treatment and disposal system” or
59 “septic system” means a system that contains a standard
60 subsurface, filled, or mound drainfield system; an aerobic
61 treatment unit; a graywater system tank; a laundry wastewater
62 system tank; a septic tank; a grease interceptor; a pump tank; a
63 solids or effluent pump; a waterless, incinerating, or organic
64 waste-composting toilet; or a sanitary pit privy that is
65 installed or proposed to be installed beyond the building sewer
66 on land of the owner or on other land to which the owner has the
67 legal right to install a system. The term includes any item
68 placed within, or intended to be used as a part of or in
69 conjunction with, the system. This term does not include package
70 sewage treatment facilities and other treatment works regulated
71 under chapter 403.
72 (7) “Second magnitude spring” means a spring that has a
73 median discharge of 10 to 100 cubic feet per second for the
74 period of record, as determined by the department.
75 (8) “Spring” means a point where groundwater is discharged
76 onto the earth’s surface, including under any surface water of
77 the state, including seeps. The term includes a spring run.
78 (9) “Springshed” means those areas within the groundwater
79 and surface water basins which contribute to the discharge of a
80 spring.
81 (10) “Usable property” means the area of the property
82 expressed in acres exclusive of all paved areas and prepared
83 road beds within public or private rights-of-way or easements
84 and exclusive of surface water bodies.
85 369.404 Designation of spring protection zones.—
86 (1) All counties or municipalities in which there are
87 located first or second magnitude springs are hereby designated
88 as spring protection zones.
89 (2) By July 1, 2010, the department is directed to propose
90 for adoption rules to implement the requirements of this
91 section.
92 (a) Such rules at a minimum shall create a priority list of
93 first and second magnitude springs designating them as high,
94 medium, or low priority based on the following measurements of
95 nitrate concentration in the water column at the point that
96 the spring discharges onto the earth’s surface as an average
97 annual concentration:
98 1. High – nitrate greater than or equal to 1.0 milligrams
99 per liter as determined using existing water quality data;
100 2. Medium – nitrate greater than or equal to 0.5 milligrams
101 per liter and less than 1.0 milligrams per liter as determined
102 using existing water quality data; and
103 3. Low – all first or second magnitude springs not
104 categorized as either High or Medium.
105 (b) Based on the priority determination of the department
106 for first and second magnitude springs, the corresponding
107 deadlines apply to the requirements of s. 369.405 to spring
108 protection zones as designated in this section.
109 1. For high-priority springs, the deadline for compliance
110 shall be no later than July 1, 2016;
111 2. For medium-priority springs, the deadline for compliance
112 shall be no later than July 1, 2019; and
113 3. For low-priority springs, the deadline for compliance
114 shall be no later than July 1, 2024.
115 (3) By July 1, 2010, the department is directed to propose
116 for adoption rules that provide the minimum scientific
117 methodologies, data, or tools that shall be used by a county or
118 municipal government to support the request for an exemption as
119 provided for in subsection (4).
120 (4) A county or municipal government, upon application to
121 the department, may seek to have specific geographic areas
122 exempted from the requirements of sections 369.405, 369.406, and
123 369.407 by demonstrating that activities within such areas will
124 not impact the springshed in a manner that leads to new or
125 continued degradation.
126 (5) Pursuant to subsection (4), the department may approve
127 or deny an application for an exemption, or may modify the
128 boundaries of the specific geographic areas for which an
129 exemption is sought. The ruling of the department on the
130 applicant’s request shall constitute a final agency action
131 subject to review pursuant to ss. 120.569 and 120.57.
132 (6) By July 1, 2010, the department must conduct a study
133 and report its findings of nitrate concentrations within spring
134 protection zones designated pursuant to s. 369.404.
135 369.405 Requirements for spring protection zones.—The
136 requirements of this section are subject to the timelines
137 established in s. 369.404.
138 (1) Domestic wastewater discharge and wastewater residual
139 application must comply with the requirements of this
140 subsection.
141 (a) All existing wastewater discharges from facilities
142 having permitted capacities greater than or equal to 100,000
143 gallons per day must achieve annual average total nitrogen
144 concentrations less than or equal to 3 milligrams per liter, as
145 nitrogen.
146 (b) All existing wastewater discharges from facilities
147 having permitted capacities less than 100,000 gallons per day
148 but greater than 10,000 gallons per day must achieve annual
149 average concentrations less than or equal to 10 milligrams per
150 liter, as nitrogen.
151 (2) Onsite sewage treatment and disposal systems in areas
152 permitted to or that contain septic systems in densities greater
153 than or equal to 640 systems per square mile, must connect to a
154 central wastewater treatment facility or other centralized
155 collection and treatment system. For the purposes of this
156 subsection, density must be calculated using the largest number
157 of systems possible within a square mile.
158 (3) Agricultural operations must implement applicable best
159 management practices, including nutrient management, adopted by
160 the Department of Agriculture and Consumer Services to reduce
161 nitrogen impacts to groundwater. By December 31, 2009, the
162 Department of Agriculture and Consumer Services, in cooperation
163 with the other cooperating entities and stakeholders, must
164 develop and propose for adoption by rule equine, and cow and
165 calf best-management practices pursuant to this paragraph.
166 Implementation must be in accordance with paragraph
167 403.067(7)(b).
168 (4) Stormwater systems must comply with the requirements of
169 this section. The department is directed to propose for adoption
170 rules to implement the requirements of this subsection by July
171 1, 2010.
172 (a) Local governments in cooperation with the water
173 management districts must develop and implement a remediation
174 plan for all existing drainage wells containing strategies to
175 reduce nitrogen loading to groundwater to the maximum extent
176 practicable. The department shall review and approve the
177 remediation plan prior to implementation. All new drainage wells
178 must comply with the department’s underground injection control
179 rules.
180 (b) Local governments must develop and implement a
181 remediation plan for all stormwater management systems
182 constructed prior to 1982 which have not been modified to
183 provide stormwater treatment containing strategies to reduce
184 nitrogen loading to groundwater to the maximum extent
185 practicable.
186 (c) Local governments in cooperation with the water
187 management districts must develop and implement a remediation
188 plan to reduce nitrogen loading to groundwater including
189 reducing existing direct discharges of stormwater into
190 groundwater through karst features to the maximum extent
191 practicable. The department shall review and approve the
192 remediation plan prior to implementation.
193 (d) The Florida Department of Transportation must identify
194 any untreated stormwater discharges into groundwater through
195 natural subterranean drainages like sinkholes and develop and
196 implement a remediation plan to reduce nitrogen loading to
197 groundwater including reducing existing such groundwater
198 discharges to the maximum extent practicable. The department
199 shall review and approve the remediation plan prior to
200 implementation.
201 (5) This subsection does not limit the department’s
202 authority to require additional treatment or other actions
203 pursuant to chapter 403, as necessary, to meet surface and
204 groundwater quality standards.
205 369.406 Additional requirements for all spring protection
206 zones.
207 (1) All newly constructed or expanded domestic wastewater
208 facilities operational after July 1, 2012, must meet the
209 advanced wastewater treatment requirements of s. 403.086(4).
210 (2) For all development not permitted as of July 1, 2009,
211 which has septic system densities greater than or equal to 640
212 systems per square mile, connection to a central wastewater
213 treatment facility or other centralized collection and treatment
214 system is required. For the purposes of this subsection, density
215 must be calculated using the largest number of systems possible
216 within a square mile.
217 (3) New septic systems required as a result of the
218 mandatory inspection program provided for in subsection (3) of
219 s. 381.0065 and installed after July 1, 2009, must be designed
220 to meet a target annual average groundwater concentration of no
221 more than 3 milligrams per liter total nitrogen at the owner’s
222 property line. Compliance with these requirements does not
223 require groundwater monitoring. The Department of Health shall
224 develop and adopt by rule design standards for achieving this
225 target annual average groundwater concentration. At a minimum,
226 this standard must take into consideration the relationship
227 between the treatment level achieved by the septic system and
228 the area of usable property available for rainwater dilution.
229 (4) Prior to adoption of the design standards by the
230 Department of Health, compliance with the requirements in
231 subsection (3) is presumed if one of the following conditions is
232 met:
233 (a) The lot associated with the establishment or single
234 family home is served by a septic system meeting the baseline
235 system standards set forth in rules of the Department of Health,
236 and the ratio of estimated sewage flow in gallons per day to
237 acres of usable property is 100 to 1 or less.
238 (b) The lot associated with the establishment or single
239 family home is served by a septic system meeting at least the
240 advanced secondary treatment standards for nitrogen as set forth
241 in rules of the Department of Health, combined with a drip
242 irrigation system, a shallow low pressure dosed or a time-dosed
243 drainfield system.
244 (c) The lot associated with the establishment or single
245 family home is scheduled to connect to a central wastewater
246 treatment facility within six months of the application for
247 permit.
248 (5) Subsection (4) does not supersede the jurisdictional
249 flow limits established in s. 381.0065(3)(b).
250 (6) Land application of septage is prohibited and subject
251 to a $250 fine for a first offense and $500 fine for a second or
252 subsequent offense pursuant to the authority granted to the
253 Department of Health in s. 381.0065(3)(h).
254 (7) Any septic system, when requiring repair, modification,
255 or reapproval, must meet a 24-inch separation from the wet
256 season water table and the surface water setback requirements in
257 s. 381.0065(4). All treatment receptacles must be within one
258 size of the requirements in rules of the Department of Health
259 and must be tested for watertightness by a state-licensed septic
260 tank contractor or plumber.
261 (8) Each owner of a publicly owned or investor-owned
262 sewerage system must notify all owners of septic systems,
263 excluding approved graywater systems, of the availability of
264 central sewerage facilities for purposes of connection pursuant
265 to s. 381.00655(1) within 60 days after receipt of notification
266 from the Department of Health that collection facilities for the
267 central sewerage system have been cleared for use.
268 (a) Notwithstanding s. 381.00655(2)(b), a publicly owned or
269 investor-owned sewerage system may not waive the requirement for
270 mandatory onsite sewage disposal connection to an available
271 publicly owned or investor-owned sewerage system, except as
272 provided in paragraph (b).
273 (b) With the approval of the Department of Health, a
274 publicly owned or investor-owned sewerage system may waive the
275 requirement for mandatory onsite sewage disposal connection for
276 a sewage treatment system that meets or exceeds standards
277 established for septic systems if it determines that such
278 connection is not required in the public interest due to water
279 quality or public health considerations.
280 (9) In hardship cases the Department of Health may grant
281 variances to the provisions of this section and any rules
282 adopted under this section in accordance with s. 381.0065(4)(h).
283 (10) After July 1, 2010, land application of Class A, Class
284 B, or Class AA wastewater residuals, as defined by department
285 rule, is prohibited. This prohibition does not apply to Class AA
286 residuals that are marketed and distributed as fertilizer
287 products in accordance with department rule.
288 (11) Animal feeding operations must implement the
289 requirements of rules adopted by the department to reduce
290 nitrogen impacts to groundwater. By December 31, 2009, the
291 department, in cooperation with the other cooperating entities
292 and stakeholders, must develop and propose for adoption, revised
293 rules for animal feeding operations which address requirements
294 for lined wastewater storage ponds and the development and
295 implementation of nutrient management plans, including the land
296 spreading of animal waste not treated and packaged as
297 fertilizer.
298 (12) All county and municipal governments must, at a
299 minimum, adopt the department’s model ordinance for Florida
300 Friendly Fertilizer Use on Urban Landscapes located in the
301 Florida-Friendly Landscape Guidance Models for Ordinances,
302 Covenants and Restrictions (2009) by December 31, 2010.
303 (13) The department and the water management districts
304 shall adopt design criteria for stormwater treatment systems
305 located within spring protection zones to minimize the movement
306 of nitrogen into the groundwater and to prevent the formation of
307 sinkholes within stormwater systems.
308 (14) This subsection does not limit the department’s
309 authority to require additional treatment or other actions
310 pursuant to chapter 403, as necessary, to meet surface and
311 groundwater quality standards.
312 369.407 Florida Springs Onsite Sewage Treatment and
313 Disposal System Compliance Grant Program.—
314 (1) The Florida Springs Onsite Sewage Treatment and
315 Disposal System Compliance Grant Program is established in the
316 department and shall be administered by it. The purpose of the
317 program is to provide grants to low-income property owners in
318 spring protection zones using septic systems to assist the
319 property owners in complying with rules for these systems
320 developed by the department, or the water management districts,
321 or to connect to a central wastewater treatment facility or
322 other centralized collection and treatment system pursuant to
323 ss. 369.405(2) or 381.00655(1). The grant program is effective
324 upon final adoption of the department rules and may be applied
325 to costs incurred on or after such date.
326 (2) Any property owner in a spring protection zone having
327 an income less than or equal to 200 percent of the federal
328 poverty level who is required by rule of the department or the
329 water management districts to alter, repair, or modify any
330 existing septic system to a nitrate-reducing system pursuant to
331 s. 369.406(3), or to assist property owners with connecting to
332 available publicly owned or investor-owned sewerage system
333 pursuant to s. 381.00655(1), may apply to the department for a
334 grant to assist the owner with the costs of compliance or
335 connection.
336 (3) The amount of the grant is limited to the cost
337 differential between the replacement of a comparable existing
338 septic system and that of an upgraded nitrate-reducing treatment
339 system pursuant to s. 369.406(3),or the actual costs incurred
340 from connection to a central wastewater treatment facility or
341 other centralized collection and treatment system pursuant to s.
342 385.00655(1), but may not exceed $5,000 per property.
343 (4) The grant must be in the form of a rebate to the
344 property owner for costs incurred in complying with the
345 requirements for septic systems pursuant to s. 369.406(3), or
346 incurred from connection to a central wastewater treatment
347 facility or other centralized collection and treatment system
348 pursuant to s. 381.00655(1). The property owner must provide
349 documentation of those costs in the grant application to the
350 department.
351 (5) The department shall adopt rules providing forms,
352 procedures, and requirements for applying for and disbursing
353 grants, including bid requirements, and for documenting
354 compliance or connection costs incurred.
355 (6) The department, in coordination with the water
356 management districts, shall continue to evaluate, by any means
357 it deems appropriate, the level of nitrate deposited in Florida
358 springs by septic systems.
359 369.408 Rules.—
360 (1) The department, the Department of Health, and the
361 Department of Agriculture and Consumer Services may adopt rules
362 pursuant to ss. 120.536(1) and 120.54 to administer the
363 provisions of this part, as applicable.
364 (2)(a) The Department of Agriculture and Consumer Services
365 shall be the lead agency coordinating the reduction of
366 agricultural nonpoint sources of pollution for springs
367 protection. The Department of Agriculture and Consumer Services
368 and the department pursuant to s. 403.067(7)(c)4, shall study
369 and if necessary, in cooperation with the other cooperating
370 entities, applicable county and municipal governments and
371 stakeholders, initiate rulemaking to implement new or revised
372 best management practices for improving and protecting springs.
373 As needed to implement the new or revised practices, the
374 Department of Agriculture and Consumer Services, shall revise
375 its best management practices rules to require implementation of
376 the modified practice within a reasonable time period as
377 specified in the rule.
378 (b) The Department of Agriculture and Consumer Services,
379 the department, and the University of Florida, Institute of Food
380 and Agricultural Sciences shall cooperate in the conduct of
381 necessary research and demonstration projects to develop
382 improved or additional nutrient management tools, including the
383 use of controlled release fertilizer, which can be used by
384 agricultural producers as part of an agricultural best
385 management practices program. The development of such tools
386 shall reflect a balance between water quality improvements and
387 agricultural productivity and, where applicable, shall be
388 incorporated into revised best management practices adopted by
389 rule of the Department of Agriculture and Consumer Services.
390 (3) The department shall as a part of the rules developed
391 for this part include provisions that allow for the variance of
392 the compliance deadlines provided for in paragraph (b) of s.
393 369.404(2). Such variance shall, at a minimum, be based on the
394 financial ability of the responsible county or municipality to
395 meet the requirements of this part.
396 Section 24. Paragraph (l) is added to subsection (6) of
397 section 163.3177, Florida Statutes, to read:
398 163.3177 Required and optional elements of comprehensive
399 plan; studies and surveys.—
400 (6) In addition to the requirements of subsections (1)-(5)
401 and (12), the comprehensive plan shall include the following
402 elements:
403 (l) In counties or municipalities, or portions thereof,
404 designated as spring protection zones pursuant to s. 369.404,
405 during the first comprehensive plan evaluation and appraisal
406 report conducted after July 1, 2009, a spring protection measure
407 that ensures the protection of and, where necessary, restoration
408 of water quality in springs shall be added to the appropriate
409 comprehensive plan element. The measure must address minimizing
410 human impacts on springs from development through protecting
411 karst features, as defined in s. 369.403, during and after the
412 development process, ensuring that future development follows
413 low-impact design principles, ensuring that landscaping and
414 fertilizer use are consistent with the Florida Friendly
415 Landscaping program, ensuring adequate open space, and providing
416 for proper management of stormwater and wastewater to minimize
417 their effects on the water quality of springs. The spring
418 protection measure must be based on low-impact design,
419 landscaping, and fertilizer best-management and use practices
420 and principles developed by the Department of Environmental
421 Protection and contained in the Florida Friendly Landscape
422 Guidance Models for Ordinances, Covenants, and Restrictions. The
423 Department of Environmental Protection and the state land
424 planning agency shall make information concerning such best
425 management and use practices and principles prominently
426 available on their websites. In addition, all landscape design
427 and irrigation systems must meet the standards established
428 pursuant to s. 373.228(4). Failure to adopt a spring protection
429 measure shall result in a prohibition on any plan amendments
430 until the measure is adopted.
431 Section 25. Subsection (7) of section 403.1835, Florida
432 Statutes, is amended to read:
433 403.1835 Water pollution control financial assistance.—
434 (7) Eligible projects must be given priority according to
435 the extent each project is intended to remove, mitigate, or
436 prevent adverse effects on surface or groundwater ground water
437 quality and public health. The relative costs of achieving
438 environmental and public health benefits must be taken into
439 consideration during the department’s assignment of project
440 priorities. The department shall adopt a priority system by
441 rule. In developing the priority system, the department shall
442 give priority to projects that:
443 (a) Eliminate public health hazards;
444 (b) Enable compliance with laws requiring the elimination
445 of discharges to specific water bodies, including the
446 requirements of s. 403.086(9) regarding domestic wastewater
447 ocean outfalls;
448 (c) Assist in the implementation of total maximum daily
449 loads and basin management action plans adopted under s.
450 403.067;
451 (d) Enable compliance with other pollution control
452 requirements, including, but not limited to, toxics control,
453 wastewater residuals management, and reduction of nutrients and
454 bacteria;
455 (e) Assist in the implementation of surface water
456 improvement and management plans and pollutant load reduction
457 goals developed under state water policy;
458 (f) Promote reclaimed water reuse;
459 (g) Eliminate environmental damage caused by failing onsite
460 sewage treatment and disposal systems, with priority given to
461 systems located within an area designated as an area of critical
462 state concern under s. 380.05 or located in a spring protection
463 zone designated pursuant to s. 369.404 or those that are causing
464 environmental damage; or
465 (h) Reduce pollutants to and otherwise promote the
466 restoration of state Florida’s surface waters and groundwaters
467 ground waters.
468 Section 26. All state agencies and water management
469 districts shall asses nitrogen loading from all publically owned
470 buildings and facilities owned or managed by each respective
471 agency or district located within a spring protection zone using
472 a consistent methodology, evaluate existing management
473 activities, and develop and begin implementing management plans
474 to reduce adverse impacts to the springs no later than December
475 31, 2011.
476 Section 27. Present paragraphs (d) through (n) of
477 subsection (3) of section 381.0065, Florida Statutes, are
478 redesignated as paragraphs (e) through (o), respectively, and a
479 new paragraph (d) is added to that subsection, to read:
480 381.0065 Onsite sewage treatment and disposal systems;
481 regulation.—
482 (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
483 department shall:
484 (d) Develop and implement a mandatory statewide onsite
485 sewage treatment and disposal system inspection program.
486 1. The program shall:
487 a. Be phased in over a 10-year cycle and provide that every
488 system is inspected on a 5-year recurring cycle.
489 b. Initially target those systems inspected under other
490 departmental criteria.
491 c. Provide for the exemption of those systems in areas
492 where the density of systems is fewer than 1 per 3 acres unless
493 the property abuts a water body or water segment that is listed
494 as impaired pursuant to s. 403.067, or is within a county
495 designated as a spring protection zone pursuant to s. 369.404.
496 2. The department, local government, or state-licensed
497 septic tank contractor or plumber shall charge an additional fee
498 of up to $20 for each system inspected. Upon completion of the
499 inspection, the entity conducting the inspection must submit an
500 application for approval to the department and provide a copy to
501 the owner. The department must approve the system for continued
502 use or notify the owner of the requirement for a repair or
503 modification permit.
504 3. Revenues from the fee must be deposited in the
505 appropriate department trust fund, and a minimum of 50 percent
506 of the revenues shall be dedicated to the grant program created
507 pursuant to s. 369.407.
508 4. This paragraph shall not be construed to limit local
509 governments from adopting additional or more stringent
510 provisions than contained in this paragraph.
511 Section 28. Paragraph (m) is added to subsection (9) of
512 section 259.105, Florida Statutes, to read:
513 259.105 The Florida Forever Act.—
514 (9) The Acquisition and Restoration Council shall recommend
515 rules for adoption by the board of trustees to competitively
516 evaluate, select, and rank projects eligible for Florida Forever
517 funds pursuant to paragraph (3)(b) and for additions to the
518 Conservation and Recreation Lands list pursuant to ss. 259.032
519 and 259.101(4). In developing these proposed rules, the
520 Acquisition and Restoration Council shall give weight to the
521 following criteria:
522 (m) Any part of the project area falls within a springs
523 protection zone as defined by ss. 369.401-369.407.
524 Section 29. Section 403.9335, Florida Statutes, is created
525 to read:
526 403.9335 Protection of urban and residential environments
527 and water.—
528 (1) The Legislature finds that the implementation of the
529 department’s Model Ordinance for Florida-Friendly Fertilizer Use
530 on Urban Landscapes located in the Florida-Friendly Landscape
531 Guidance Models for Ordinances, Covenants, and Restrictions
532 (2009) manual, which was developed consistent with the
533 recommendations of the Florida Consumer Fertilizer Task Force,
534 in concert with the provisions of the Labeling Requirements for
535 Urban Turf Fertilizers found in chapter 5E-1 Florida
536 Administrative Code, will assist in protecting the quality of
537 Florida’s surface water and groundwater resources. The
538 Legislature further finds that local circumstances, including
539 the varying types and conditions of water bodies, site-specific
540 soils and geology, and urban or rural densities and
541 characteristics, necessitates that additional or more stringent
542 fertilizer-management practices may be needed at the local
543 government level.
544 (2) All county and municipal governments are encouraged to
545 adopt and enforce the provisions in the department’s Model
546 Ordinance for Florida-Friendly Fertilizer Use on Urban
547 Landscapes as a mechanism for better protecting local surface
548 water and groundwater quality.
549 (3) Each county and municipal government located within the
550 watershed of a water body or water segment that is listed by the
551 department as impaired by nutrients pursuant to s. 403.067, or
552 designated as a spring protection zone pursuant to 369.404,
553 shall adopt, at a minimum, the provisions of the department’s
554 Model Ordinance for Florida-Friendly Fertilizer Use on Urban
555 Landscapes. A county or municipal government may adopt
556 additional or more stringent provisions than the model ordinance
557 if the following criteria are met:
558 (a) The county or municipal government has demonstrated, as
559 part of a comprehensive program to address nonpoint sources of
560 nutrient pollution which is science-based, economically and
561 technically feasible, that additional or more stringent
562 provisions to the model ordinance are necessary to adequately
563 address urban fertilizer contributions to nonpoint source
564 nutrient loading to a water body.
565 (b) The county or municipal government documents
566 consideration of all relevant scientific information including
567 input from the department, the Department of Agriculture and
568 Consumer Services and the University of Florida Institute of
569 Food and Agricultural Sciences, if provided, on the need for
570 additional or more stringent provisions to address fertilizer
571 use as a contributor to water quality degradation. All
572 documentation shall be made part of the public record prior to
573 adoption of the additional or more stringent criteria.
574 (4) Any county or municipal government that has adopted its
575 own fertilizer use ordinance before January 1, 2009 is exempt
576 from the provisions of this section. Ordinances adopted or
577 amended after January 1, 2009 shall adopt the provisions in the
578 most recent version of the model fertilizer ordinance and shall
579 be subject to the criteria described in subsections (1) and (2)
580 above.
581 (5) Nothing herein shall be construed to regulate the use
582 of fertilizer on farm operations as defined in s. 823.14 or on
583 lands classified as agricultural lands pursuant to s. 193.461.
584 Section 30. Section 403.9337, Florida Statutes, is created
585 to read:
586 403.9337 Urban turf fertilizers.—
587 (1) As used in this section, the term:
588 (a) “No-phosphate fertilizer” or “no-phosphorus fertilizer”
589 means fertilizer that contains less than 0.5 percent phosphate
590 by weight.
591 (b) “Urban turf” means noncropland planted, mowed, and
592 managed grasses, including, but not limited to, residential
593 lawns; turf on commercial property; filter strips; and turf on
594 property owned by federal, state, or local governments and other
595 public lands, including roadways, roadsides, parks, campsites,
596 recreation areas, school grounds, and other public grounds. The
597 term does not include pastures, hay production and grazing land,
598 turf grown on sod farms, or any other form of agricultural
599 production; golf courses or sports turf fields; or garden
600 fruits, flowers, or vegetables.
601 (c) “Soil test” means a test performed on soil planted or
602 sodded, or that will be planted or sodded, by a laboratory
603 approved by the Department of Agriculture and Consumer Services
604 and performed within the last 2 years to indicate if the level
605 of available phosphorus in the soil is sufficient to support
606 healthy turf growth.
607 (d) “Tissue test” means a test performed on plant tissue
608 growing in the soil planted or sodded, or that will be planted
609 or sodded, by a laboratory approved by the Department of
610 Agriculture and Consumer Services and performed within the last
611 2 years to indicate if the level of available phosphorus in the
612 soil is sufficient to support healthy turf.
613 (2) Other than no-phosphate and no-phosphorus fertilizers,
614 fertilizer containing phosphorus may not be applied to urban
615 turf anywhere in this state on or after July 1, 2011, unless a
616 soil or tissue test that is conducted pursuant to a method
617 approved by the Department of Agriculture and Consumer Services
618 indicates:
619 (a) For turf that is being initially established by seed or
620 sod, the level of available phosphorus is insufficient to
621 establish new turf growth and a root system. However, during the
622 first year, a one-time application only of up to 1 pound of
623 phosphate per 1,000 square feet of area may be applied.
624 (b) For established turf, the level of available phosphorus
625 is insufficient to support healthy turf growth. However, no more
626 than 0.25 pound of phosphate per 1,000 square feet of area per
627 each application may be applied, not to exceed 0.5 pound of
628 phosphate per 1,000 square feet of area per year.
629 Section 31. Effective July 1, 2010, all of the powers,
630 duties, functions, records, personnel, and property; unexpended
631 balances of appropriations, allocations, and other funds;
632 administrative authority; administrative rules; pending issues;
633 and existing contracts of the Bureau of Onsite Sewage Programs
634 in the Department of Health, as authorized and governed by ss.
635 20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
636 381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
637 a type II transfer, pursuant to s. 20.06(2), to the Florida
638 Department of Environmental Protection. In addition all existing
639 powers, duties, functions, records, personnel, and property;
640 unexpended balances of appropriations, allocations, and other
641 funds; administrative authority; administrative rules; pending
642 issues; and existing contracts associated with county health
643 departments’ onsite sewage programs are transferred to the
644 Department of Environmental Protection.
645 Section 32. Subsection (6) of section 369.317, Florida
646 Statutes, is amended to read:
647 369.317 Wekiva Parkway.—
648 (6) The Orlando-Orange County Expressway Authority is
649 hereby granted the authority to act as a third-party acquisition
650 agent, pursuant to s. 259.041 on behalf of the Board of Trustees
651 or chapter 373 on behalf of the governing board of the St. Johns
652 River Water Management District, for the acquisition of all
653 necessary lands, property and all interests in property
654 identified herein, including fee simple or less-than-fee simple
655 interests. The lands subject to this authority are identified in
656 paragraph 10.a., State of Florida, Office of the Governor,
657 Executive Order 03-112 of July 1, 2003, and in Recommendation 16
658 of the Wekiva Basin Area Task Force created by Executive Order
659 2002-259, such lands otherwise known as Neighborhood Lakes, a
660 1,587+/- acre parcel located in Orange and Lake Counties within
661 Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
662 and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
663 Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
664 County within Section 37, Township 19 South, Range 28 East; New
665 Garden Coal; a 1,605+/- acre parcel in Lake County within
666 Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
667 East; Pine Plantation, a 617+/- acre tract consisting of eight
668 individual parcels within the Apopka City limits. The Department
669 of Transportation, the Department of Environmental Protection,
670 the St. Johns River Water Management District, and other land
671 acquisition entities shall participate and cooperate in
672 providing information and support to the third-party acquisition
673 agent. The land acquisition process authorized by this paragraph
674 shall begin no later than December 31, 2004. Acquisition of the
675 properties identified as Neighborhood Lakes, Pine Plantation,
676 and New Garden Coal, or approval as a mitigation bank shall be
677 concluded no later than December 31, 2010. Department of
678 Transportation and Orlando-Orange County Expressway Authority
679 funds expended to purchase an interest in those lands identified
680 in this subsection shall be eligible as environmental mitigation
681 for road construction related impacts in the Wekiva Study Area.
682 If any of the lands identified in this subsection are used as
683 environmental mitigation for road construction related impacts
684 incurred by the Department of Transportation or Orlando-Orange
685 County Expressway Authority, or for other impacts incurred by
686 other entities, within the Wekiva Study Area or within the
687 Wekiva parkway alignment corridor, and if the mitigation offsets
688 these impacts, then the St. Johns River Water Management
689 District and the Department of Environmental Protection shall
690 consider the activity regulated under Part IV of Chapter 373 to
691 meet the cumulative impact requirements of s. 373.414(8)(a).
692 Section 33. Section 373.185, Florida Statutes, is amended
693 to read:
694 373.185 Local Florida-friendly landscaping Xeriscape
695 ordinances.—
696 (1) As used in this section, the term:
697 (a) “Local government” means any county or municipality of
698 the state.
699 (b) “Xeriscape” or “Florida-friendly landscaping landscape”
700 means quality landscapes that conserve water, and protect the
701 environment, and are adaptable to local conditions, and which
702 are drought tolerant. The principles of such landscaping
703 Xeriscape include planting the right plant in the right place,
704 efficient watering, appropriate fertilization, mulching,
705 attraction of wildlife, responsible management of yard pests,
706 recycling yard waste, reduction of stormwater runoff, and
707 waterfront protection. Additional components include practices
708 such as landscape planning and design, appropriate choice of
709 plants, soil analysis, which may include the appropriate use of
710 solid waste compost, minimizing the use of efficient irrigation,
711 practical use of turf, appropriate use of mulches, and proper
712 maintenance.
713 (2) Each water management district shall design and
714 implement an incentive program to encourage all local
715 governments within its district to adopt new ordinances or amend
716 existing ordinances to require Florida-friendly Xeriscape
717 landscaping for development permitted after the effective date
718 of the new ordinance or amendment. Each district shall adopt
719 rules governing the implementation of its incentive program and
720 governing the review and approval of local government Xeriscape
721 ordinances or amendments which are intended to qualify a local
722 government for the incentive program. Each district shall assist
723 the local governments within its jurisdiction by providing a
724 model Florida-friendly landscaping ordinance Xeriscape code and
725 other technical assistance. Each district may develop its own
726 model or use a model contained in the “Florida-Friendly
727 Landscape Guidance Models for Ordinances, Covenants, and
728 Restrictions” manual developed by the department. To qualify for
729 a district’s incentive program, a local government Xeriscape
730 ordinance or amendment, in order to qualify the local government
731 for a district’s incentive program, must include, at a minimum:
732 (a) Landscape design, installation, and maintenance
733 standards that result in water conservation and water quality
734 protection or restoration. Such standards must shall address the
735 use of plant groupings, soil analysis including the promotion of
736 the use of solid waste compost, efficient irrigation systems,
737 and other water-conserving practices.
738 (b) Identification of prohibited invasive exotic plant
739 species consistent with s. 581.091.
740 (c) Identification of controlled plant species, accompanied
741 by the conditions under which such plants may be used.
742 (d) A provision specifying the maximum percentage of
743 irrigated turf and the maximum percentage of impervious surfaces
744 allowed in a Florida-friendly landscaped xeriscaped area and
745 addressing the practical selection and installation of turf.
746 (e) Specific standards for land clearing and requirements
747 for the preservation of existing native vegetation.
748 (f) A monitoring program for ordinance implementation and
749 compliance.
750 (3) Each water management district shall also The districts
751 also shall work with the department, local governments, county
752 extension agents or offices, nursery and landscape industry
753 groups, and other interested stakeholders to promote, through
754 educational programs, and publications, and other district
755 activities authorized under this chapter, the use of Florida
756 friendly landscaping Xeriscape practices, including the use of
757 solid waste compost, in existing residential and commercial
758 development. In conducting these activities, each district shall
759 use the materials developed by the department, the Institute of
760 Food and Agricultural Sciences at the University of Florida, and
761 the Center for Landscape Conservation and Ecology Florida
762 Friendly Landscaping program, including, but not limited to, the
763 Florida Yards and Neighborhoods Program for homeowners, the
764 Florida Yards and Neighborhoods Builder Developer Program for
765 developers, and the Green Industries Best Management Practices
766 Program for landscaping professionals. Each district may develop
767 supplemental materials as appropriate to address the physical
768 and natural characteristics of the district. The districts shall
769 coordinate with the department and the Institute of Food and
770 Agricultural Sciences at the University of Florida if revisions
771 to the educational materials are needed. This section may not be
772 construed to limit the authority of the districts to require
773 Xeriscape ordinances or practices as a condition of any
774 consumptive use permit.
775 (a) The Legislature finds that the use of Florida-friendly
776 landscaping and other water use and pollution prevention
777 measures to conserve or protect the state’s water resources
778 serves a compelling public interest and that the participation
779 of homeowners’ associations and local governments is essential
780 to state’s efforts in water conservation and water quality
781 protection and restoration.
782 (b)(3) A deed restriction, or covenant entered after
783 October 1, 2001, or local government ordinance may not prohibit
784 or be enforced so as to prohibit any property owner from
785 implementing Xeriscape or Florida-friendly landscaping landscape
786 on his or her land or create any requirement or limitation in
787 conflict with any provision of part II of this chapter or a
788 water shortage order, other order, consumptive use permit, or
789 rule adopted or issued pursuant to part II of this chapter.
790 (4) This section does not limit the authority of the
791 department or the water management districts to require Florida
792 friendly landscaping ordinances or practices as a condition of
793 any permit issued under this chapter.
794 Section 34. Section 373.187, Florida Statutes, is created
795 to read:
796 373.187 Water management district implementation of
797 Florida-friendly landscaping.—Each water management district
798 shall use Florida-friendly landscaping, as defined in s.
799 373.185, on public property associated with buildings and
800 facilities owned by the district and constructed after June 30,
801 2009. Each district shall also develop a 5-year program for
802 phasing in the use of Florida-friendly landscaping on public
803 property associated with buildings or facilities owned by the
804 district and constructed before July 1, 2009.
805 Section 35. Section 373.228, Florida Statutes, is amended
806 to read:
807 373.228 Landscape irrigation design.—
808 (1) The Legislature finds that multiple areas throughout
809 the state have been identified by water management districts as
810 water resource caution areas, which indicates that in the near
811 future water demand in those areas will exceed the current
812 available water supply and that conservation is one of the
813 mechanisms by which future water demand will be met.
814 (2) The Legislature finds that landscape irrigation
815 comprises a significant portion of water use and that the
816 current typical landscape irrigation systems system and Florida
817 friendly landscaping xeriscape designs offer significant
818 potential water conservation benefits.
819 (3) It is the intent of the Legislature to improve
820 landscape irrigation water use efficiency by ensuring that
821 landscape irrigation systems meet or exceed minimum design
822 criteria.
823 (4) The water management districts shall work with the
824 Florida Nursery, Nurserymen and Growers and Landscape
825 Association, the Florida Native Plant Society, the Florida
826 Chapter of the American Society of Landscape Architects, the
827 Florida Irrigation Society, the Department of Agriculture and
828 Consumer Services, the Institute of Food and Agricultural
829 Sciences, the Department of Environmental Protection, the
830 Department of Transportation, the Florida League of Cities, the
831 Florida Association of Counties, and the Florida Association of
832 Community Developers to develop landscape irrigation and
833 Florida-friendly landscaping xeriscape design standards for new
834 construction which incorporate a landscape irrigation system and
835 develop scientifically based model guidelines for urban,
836 commercial, and residential landscape irrigation, including drip
837 irrigation, for plants, trees, sod, and other landscaping. The
838 landscape and irrigation design standards shall be based on the
839 irrigation code defined in the Florida Building Code, Plumbing
840 Volume, Appendix F. Local governments shall use the standards
841 and guidelines when developing landscape irrigation and Florida
842 friendly landscaping xeriscape ordinances. By January 1, 2011,
843 the agencies and entities specified in this subsection shall
844 review the standards and guidelines to determine whether new
845 research findings require a change or modification of the
846 standards and guidelines.
847 (5) In evaluating water use applications from public water
848 suppliers, water management districts shall consider whether the
849 applicable local government has adopted ordinances for
850 landscaping and irrigation systems consistent with the Florida
851 friendly landscaping provisions of s. 373.185.
852 Section 36. Subsection (3) of section 373.323, Florida
853 Statutes, is amended to read:
854 373.323 Licensure of water well contractors; application,
855 qualifications, and examinations; equipment identification.—
856 (3) An applicant who meets the following requirements is
857 shall be entitled to take the water well contractor licensure
858 examination to practice water well contracting:
859 (a) Is at least 18 years of age.
860 (b) Has at least 2 years of experience in constructing,
861 repairing, or abandoning water wells. Satisfactory proof of such
862 experience is demonstrated by providing:
863 1. Evidence of the length of time the applicant has been
864 engaged in the business of the construction, repair, or
865 abandonment of water wells as a major activity, as attested to
866 by a letter from three of the following persons:
867 a. A water well contractor.
868 b. A water well driller.
869 c. A water well parts and equipment vendor.
870 d. A water well inspector employed by a governmental
871 agency.
872 2. A list of at least 10 water wells that the applicant has
873 constructed, repaired, or abandoned within the preceding 5
874 years. Of these wells, at least seven must have been
875 constructed, as defined in s. 373.303(2), by the applicant. The
876 list must also include:
877 a. The name and address of the owner or owners of each
878 well.
879 b. The location, primary use, and approximate depth and
880 diameter of each well.
881 c. The approximate date the construction, repair, or
882 abandonment of each well was completed.
883 (c) Has completed the application form and remitted a
884 nonrefundable application fee.
885 Section 37. Subsection (8) of section 373.333, Florida
886 Statutes, is amended to read:
887 373.333 Disciplinary guidelines; adoption and enforcement;
888 license suspension or revocation.—
889 (8) The water management district may impose through an
890 order an administrative fine not to exceed $5,000 per occurrence
891 against an unlicensed person if when it determines that the
892 unlicensed person has engaged in the practice of water well
893 contracting, for which a license is required.
894 Section 38. Section 125.568, Florida Statutes, is amended
895 to read:
896 125.568 Conservation of water; Florida-friendly landscaping
897 Xeriscape.—
898 (1)(a) The Legislature finds that Florida-friendly
899 landscaping Xeriscape contributes to the conservation,
900 protection, and restoration of water. In an effort to meet the
901 water needs of this state in a manner that will supply adequate
902 and dependable supplies of water where needed, it is the intent
903 of the Legislature that Florida-friendly landscaping Xeriscape
904 be an essential part of water conservation and water quality
905 protection and restoration planning.
906 (b) As used in this section, “Xeriscape” or “Florida
907 friendly landscaping” has the same meaning as in s. 373.185
908 landscape” means quality landscapes that conserve water and
909 protect the environment and are adaptable to local conditions
910 and which are drought tolerant. The principles of Xeriscape
911 include planning and design, appropriate choice of plants, soil
912 analysis which may include the use of solid waste compost,
913 practical use of turf, efficient irrigation, appropriate use of
914 mulches, and proper maintenance.
915 (2) The board of county commissioners of each county shall
916 consider enacting ordinances, consistent with s. 373.185,
917 requiring the use of Florida-friendly landscaping Xeriscape as a
918 water conservation or water quality protection or restoration
919 measure. If the board determines that such landscaping Xeriscape
920 would be of significant benefit as a water conservation or water
921 quality protection or restoration measure, especially for waters
922 designated as impaired pursuant to s. 403.067, relative to the
923 cost to implement Florida-friendly Xeriscape landscaping in its
924 area of jurisdiction, the board shall enact a Florida-friendly
925 landscaping Xeriscape ordinance. Further, the board of county
926 commissioners shall consider promoting Florida-friendly
927 landscaping Xeriscape as a water conservation or water quality
928 protection or restoration measure by: using such landscaping
929 Xeriscape in any, around, or near facilities, parks, and other
930 common areas under its jurisdiction which are landscaped after
931 the effective date of this act; providing public education on
932 Florida-friendly landscaping Xeriscape, its uses in increasing
933 as a water conservation and water quality protection or
934 restoration tool, and its long-term cost-effectiveness; and
935 offering incentives to local residents and businesses to
936 implement Florida-friendly Xeriscape landscaping.
937 (3)(a) The Legislature finds that the use of Florida
938 friendly landscaping and other water use and pollution
939 prevention measures to conserve or protect the state’s water
940 resources serves a compelling public interest and that the
941 participation of homeowners’ associations and local governments
942 is essential to the state’s efforts in water conservation and
943 water quality protection and restoration.
944 (b) A deed restriction, or covenant entered after October
945 1, 2001, or local government ordinance may not prohibit or be
946 enforced so as to prohibit any property owner from implementing
947 Xeriscape or Florida-friendly landscaping landscape on his or
948 her land or create any requirement or limitation in conflict
949 with any provision of part II of chapter 373 or a water shortage
950 order, other order, consumptive use permit, or rule adopted or
951 issued pursuant to part II of chapter 373.
952 Section 39. Section 166.048, Florida Statutes, is amended
953 to read:
954 166.048 Conservation of water; Florida-friendly landscaping
955 Xeriscape.—
956 (1)(a) The Legislature finds that Florida-friendly
957 landscaping Xeriscape contributes to the conservation,
958 protection, and restoration of water. In an effort to meet the
959 water needs of this state in a manner that will supply adequate
960 and dependable supplies of water where needed, it is the intent
961 of the Legislature that Florida-friendly landscaping Xeriscape
962 be an essential part of water conservation and water quality
963 protection and restoration planning.
964 (b) As used in this section, “Xeriscape” or “Florida
965 friendly landscaping” has the same meaning as in s. 373.185
966 landscape” means quality landscapes that conserve water and
967 protect the environment and are adaptable to local conditions
968 and which are drought tolerant. The principles of Xeriscape
969 include planning and design, appropriate choice of plants, soil
970 analysis which may include the use of solid waste compost,
971 practical use of turf, efficient irrigation, appropriate use of
972 mulches, and proper maintenance.
973 (2) The governing body of each municipality shall consider
974 enacting ordinances, consistent with s. 373.185, requiring the
975 use of Florida-friendly landscaping Xeriscape as a water
976 conservation or water quality protection or restoration measure.
977 If the governing body determines that such landscaping Xeriscape
978 would be of significant benefit as a water conservation or water
979 quality protection or restoration measure, especially for waters
980 designated as impaired pursuant to s. 403.067, relative to the
981 cost to implement Florida-friendly Xeriscape landscaping in its
982 area of jurisdiction in the municipality, the governing body
983 board shall enact a Florida-friendly landscaping Xeriscape
984 ordinance. Further, the governing body shall consider promoting
985 Florida-friendly landscaping Xeriscape as a water conservation
986 or water quality protection or restoration measure by: using
987 such landscaping Xeriscape in any, around, or near facilities,
988 parks, and other common areas under its jurisdiction which are
989 landscaped after the effective date of this act; providing
990 public education on Florida-friendly landscaping Xeriscape, its
991 uses in increasing as a water conservation and water quality
992 protection or restoration tool, and its long-term cost
993 effectiveness; and offering incentives to local residents and
994 businesses to implement Florida-friendly Xeriscape landscaping.
995 (3)(a) The Legislature finds that the use of Florida
996 friendly landscaping and other water use and pollution
997 prevention measures to conserve or protect the state’s water
998 resources serves a compelling public interest and that the
999 participation of homeowners’ associations and local governments
1000 is essential to the state’s efforts in water conservation and
1001 water quality protection and restoration.
1002 (b) A deed restriction, or covenant entered after October
1003 1, 2001, or local government ordinance may not prohibit or be
1004 enforced so as to prohibit any property owner from implementing
1005 Xeriscape or Florida-friendly landscaping landscape on his or
1006 her land or create any requirement or limitation in conflict
1007 with any provision of part II of chapter 373 or a water shortage
1008 order, other order, consumptive use permit, or rule adopted or
1009 issued pursuant to part II of chapter 373.
1010 Section 40. Section 255.259, Florida Statutes, is amended
1011 to read:
1012 255.259 Florida-friendly Xeriscape landscaping on public
1013 property.—
1014 (1) The Legislature finds that water conservation and water
1015 quality protection and restoration are is increasingly critical
1016 to the continuance of an adequate water supply and healthy
1017 surface waters and groundwaters for the citizens of this state.
1018 The Legislature further finds that “Florida-friendly landscaping
1019 Xeriscape,” as defined in s. 373.185, can contribute
1020 significantly to water the conservation and of water quality
1021 protection and restoration. Finally, the Legislature finds that
1022 state government has the responsibility to promote Florida
1023 friendly landscaping Xeriscape as a water conservation and water
1024 quality protection and restoration measure by using such
1025 landscaping Xeriscape on public property associated with
1026 publicly owned buildings or facilities.
1027 (2) As used in this section, “publicly owned buildings or
1028 facilities” means those construction projects under the purview
1029 of the Department of Management Services. The term It does not
1030 include environmentally endangered land or roads and highway
1031 construction under the purview of the Department of
1032 Transportation.
1033 (3) The Department of Management Services, in consultation
1034 with the Department of Environmental Protection, shall adopt
1035 rules and guidelines for the required use of Florida-friendly
1036 landscaping Xeriscape on public property associated with
1037 publicly owned buildings or facilities constructed after June
1038 30, 2009 1992. The Department of Management Services also shall
1039 also develop a 5-year program for phasing in the use of Florida
1040 friendly landscaping Xeriscape on public property associated
1041 with publicly owned buildings or facilities constructed before
1042 July 1, 2009 1992. In accomplishing these tasks, the Department
1043 of Management Services shall take into account the standards
1044 provided in guidelines set out in s. 373.185(2)(a)-(f). The
1045 Department of Transportation shall implement Florida-friendly
1046 Xeriscape landscaping pursuant to s. 335.167.
1047 (4)(a) The Legislature finds that the use of Florida
1048 friendly landscaping and other water use and pollution
1049 prevention measures to conserve or protect the state’s water
1050 resources serves a compelling public interest and that the
1051 participation of homeowners’ associations and local governments
1052 is essential to the state’s efforts in water conservation and
1053 water quality protection and restoration.
1054 (b) A deed restriction, or covenant entered after October
1055 1, 2001, or local government ordinance may not prohibit or be
1056 enforced so as to prohibit any property owner from implementing
1057 Xeriscape or Florida-friendly landscaping landscape on his or
1058 her land or create any requirement or limitation in conflict
1059 with any provision of part II of chapter 373 or a water shortage
1060 order, other order, consumptive use permit, or rule adopted or
1061 issued pursuant to part II of chapter 373.
1062 Section 41. Section 335.167, Florida Statutes, is amended
1063 to read:
1064 335.167 State highway construction and maintenance;
1065 Xeriscape or Florida-friendly landscaping.—
1066 (1) The department shall use and require the use of
1067 Florida-friendly landscaping Xeriscape practices, as defined in
1068 s. 373.185(1), in the construction and maintenance of all new
1069 state highways, wayside parks, access roads, welcome stations,
1070 and other state highway rights-of-way constructed upon or
1071 acquired after June 30, 2009 1992. The department shall develop
1072 a 5-year program for phasing in the use of Florida-friendly
1073 landscaping Xeriscape, including the use of solid waste compost,
1074 in state highway rights-of-way constructed upon or acquired
1075 before July 1, 2009 1992. In accomplishing these tasks, the
1076 department shall employ the standards guidelines set out in s.
1077 373.185(2)(a)-(f).
1078 (2)(a) The Legislature finds that the use of Florida
1079 friendly landscaping and other water use and pollution
1080 prevention measures to conserve or protect the state’s water
1081 resources serves a compelling public interest and that the
1082 participation of homeowners’ associations and local governments
1083 is essential to the state’s efforts in water conservation and
1084 water quality protection and restoration.
1085 (b) A deed restriction, or covenant entered after October
1086 1, 2001, or local government ordinance may not prohibit or be
1087 enforced so as to prohibit any property owner from implementing
1088 Xeriscape or Florida-friendly landscaping landscape on his or
1089 her land or create any requirement or limitation in conflict
1090 with any provision of part II of chapter 373 or a water shortage
1091 order, other order, consumptive use permit, or rule adopted or
1092 issued pursuant to part II of chapter 373.
1093 Section 42. Paragraph (a) of subsection (3) of section
1094 380.061, Florida Statutes, is amended to read:
1095 380.061 The Florida Quality Developments program.—
1096 (3)(a) To be eligible for designation under this program,
1097 the developer shall comply with each of the following
1098 requirements if which is applicable to the site of a qualified
1099 development:
1100 1. Donate or enter Have donated or entered into a binding
1101 commitment to donate the fee or a lesser interest sufficient to
1102 protect, in perpetuity, the natural attributes of the types of
1103 land listed below. In lieu of this the above requirement, the
1104 developer may enter into a binding commitment that which runs
1105 with the land to set aside such areas on the property, in
1106 perpetuity, as open space to be retained in a natural condition
1107 or as otherwise permitted under this subparagraph. Under the
1108 requirements of this subparagraph, the developer may reserve the
1109 right to use such areas for the purpose of passive recreation
1110 that is consistent with the purposes for which the land was
1111 preserved.
1112 a. Those wetlands and water bodies throughout the state
1113 which as would be delineated if the provisions of s.
1114 373.4145(1)(b) were applied. The developer may use such areas
1115 for the purpose of site access, provided other routes of access
1116 are unavailable or impracticable; may use such areas for the
1117 purpose of stormwater or domestic sewage management and other
1118 necessary utilities if to the extent that such uses are
1119 permitted pursuant to chapter 403; or may redesign or alter
1120 wetlands and water bodies within the jurisdiction of the
1121 Department of Environmental Protection which have been
1122 artificially created, if the redesign or alteration is done so
1123 as to produce a more naturally functioning system.
1124 b. Active beach or primary and, where appropriate,
1125 secondary dunes, to maintain the integrity of the dune system
1126 and adequate public accessways to the beach. However, the
1127 developer may retain the right to construct and maintain
1128 elevated walkways over the dunes to provide access to the beach.
1129 c. Known archaeological sites determined to be of
1130 significance by the Division of Historical Resources of the
1131 Department of State.
1132 d. Areas known to be important to animal species designated
1133 as endangered or threatened animal species by the United States
1134 Fish and Wildlife Service or by the Fish and Wildlife
1135 Conservation Commission, for reproduction, feeding, or nesting;
1136 for traveling between such areas used for reproduction, feeding,
1137 or nesting; or for escape from predation.
1138 e. Areas known to contain plant species designated as
1139 endangered plant species by the Department of Agriculture and
1140 Consumer Services.
1141 2. Produce, or dispose of, no substances designated as
1142 hazardous or toxic substances by the United States Environmental
1143 Protection Agency, or by the Department of Environmental
1144 Protection, or the Department of Agriculture and Consumer
1145 Services. This subparagraph does is not intended to apply to the
1146 production of these substances in nonsignificant amounts as
1147 would occur through household use or incidental use by
1148 businesses.
1149 3. Participate in a downtown reuse or redevelopment program
1150 to improve and rehabilitate a declining downtown area.
1151 4. Incorporate no dredge and fill activities in, and no
1152 stormwater discharge into, waters designated as Class II,
1153 aquatic preserves, or Outstanding Florida Waters, except as
1154 activities in those waters are permitted pursuant to s.
1155 403.813(2), and the developer demonstrates that those activities
1156 meet the standards under Class II waters, Outstanding Florida
1157 Waters, or aquatic preserves, as applicable.
1158 5. Include open space, recreation areas, Florida-friendly
1159 landscaping Xeriscape as defined in s. 373.185, and energy
1160 conservation and minimize impermeable surfaces as appropriate to
1161 the location and type of project.
1162 6. Provide for construction and maintenance of all onsite
1163 infrastructure necessary to support the project and enter into a
1164 binding commitment with local government to provide an
1165 appropriate fair-share contribution toward the offsite impacts
1166 that which the development will impose on publicly funded
1167 facilities and services, except offsite transportation, and
1168 condition or phase the commencement of development to ensure
1169 that public facilities and services, except offsite
1170 transportation, are will be available concurrent with the
1171 impacts of the development. For the purposes of offsite
1172 transportation impacts, the developer shall comply, at a
1173 minimum, with the standards of the state land planning agency’s
1174 development-of-regional-impact transportation rule, the approved
1175 strategic regional policy plan, any applicable regional planning
1176 council transportation rule, and the approved local government
1177 comprehensive plan and land development regulations adopted
1178 pursuant to part II of chapter 163.
1179 7. Design and construct the development in a manner that is
1180 consistent with the adopted state plan, the applicable strategic
1181 regional policy plan, and the applicable adopted local
1182 government comprehensive plan.
1183 Section 43. Subsection (3) of section 388.291, Florida
1184 Statutes, is amended to read:
1185 388.291 Source reduction measures; supervision by
1186 department.—
1187 (3) Property owners in a developed residential area shall
1188 are required to maintain their property in such a manner that
1189 does so as not to create or maintain any standing freshwater
1190 condition capable of breeding mosquitoes or other arthropods in
1191 significant numbers so as to constitute a public health,
1192 welfare, or nuisance problem. Nothing in This subsection does
1193 not authorize shall permit the alteration of permitted
1194 stormwater management systems or prohibit maintained fish ponds,
1195 Florida-friendly landscaping xeriscaping, or other maintained
1196 systems of landscaping or vegetation. If such a condition is
1197 found to exist, the local arthropod control agency shall serve
1198 notice on the property owner to treat, remove, or abate the
1199 condition. Such notice is shall serve as prima facie evidence of
1200 maintaining a nuisance, and upon failure of the property owner
1201 to treat, remove, or abate the condition, the local arthropod
1202 control agency or any affected citizen may proceed pursuant to
1203 s. 60.05 to enjoin the nuisance and may recover costs and
1204 attorney’s fees if they prevail in the action.
1205 Section 44. Paragraph (a) of subsection (6) of section
1206 481.303, Florida Statutes, is amended to read:
1207 481.303 Definitions.—As used in this chapter:
1208 (6) “Landscape architecture” means professional services,
1209 including, but not limited to, the following:
1210 (a) Consultation, investigation, research, planning,
1211 design, preparation of drawings, specifications, contract
1212 documents and reports, responsible construction supervision, or
1213 landscape management in connection with the planning and
1214 development of land and incidental water areas, including the
1215 use of Florida-friendly landscaping Xeriscape as defined in s.
1216 373.185, where, and to the extent that, the dominant purpose of
1217 such services or creative works is the preservation,
1218 conservation, enhancement, or determination of proper land uses,
1219 natural land features, ground cover and plantings, or
1220 naturalistic and aesthetic values;
1221 Section 45. Subsection (4) of section 720.3075, Florida
1222 Statutes, is amended to read:
1223 720.3075 Prohibited clauses in association documents.—
1224 (4)(a) The Legislature finds that the use of Florida
1225 friendly landscaping and other water use and pollution
1226 prevention measures to conserve or protect the state’s water
1227 resources serves a compelling public interest and that the
1228 participation of homeowners’ associations and local governments
1229 is essential to the state’s efforts in water conservation and
1230 water quality protection and restoration.
1231 (b) Homeowners’ association documents, including
1232 declarations of covenants, articles of incorporation, or bylaws,
1233 entered after October 1, 2001, may not prohibit or be enforced
1234 so as to prohibit any property owner from implementing Xeriscape
1235 or Florida-friendly landscaping landscape, as defined in s.
1236 373.185(1), on his or her land or create any requirement or
1237 limitation in conflict with any provision of part II of chapter
1238 373 or a water shortage order, other order, consumptive use
1239 permit, or rule adopted or issued pursuant to part II of chapter
1240 373.
1241 Section 46. (1) A task force is established to develop
1242 legislative recommendations relating to stormwater management
1243 system design in the state. The task force shall:
1244 (a) Review the Joint Professional Engineers and Landscape
1245 Architecture Committee Report conducted pursuant to s. 17,
1246 chapter 88-347, Laws of Florida, and determine the current
1247 validity of the report and the need to revise any of the
1248 conclusions or recommendations.
1249 (b) Determine how a licensed and registered professional
1250 might demonstrate competency for stormwater management system
1251 design.
1252 (c) Determine how the Board of Professional Engineers and
1253 the Board of Landscape Architecture might administer
1254 certification tests or continuing education requirements for
1255 stormwater management system design.
1256 (d) Provide recommendations for grandfathering the rights
1257 of licensed professionals who currently practice stormwater
1258 management design in a manner that will allow them to continue
1259 to practice without meeting any new requirements the task force
1260 recommends be placed on licensed professionals in the future.
1261 (2)(a) The Board of Landscape Architecture, the Board of
1262 Professional Engineers, the Florida Engineering Society, the
1263 Florida Chapter of the American Society of Landscape Architects,
1264 the Secretary of Environmental Protection, and the Secretary of
1265 Transportation shall each appoint one member to the task force.
1266 (b) Members of the task force may not be reimbursed for
1267 travel, per diem, or any other costs associated with serving on
1268 the task force.
1269 (c) The task force shall meet a minimum of four times
1270 either in person or via teleconference; however, a minimum of
1271 two meetings shall be public hearings with testimony.
1272 (d) The task force shall expire on November 1, 2009.
1273 (3) The task force shall provide its findings and
1274 legislative recommendations to the President of the Senate and
1275 the Speaker of the House of Representatives by November 1, 2009.
1276 Section 47. Except as otherwise expressly provided in this
1277 act, this act shall take effect July 1, 2009.
1278
1279
1280 ================= T I T L E A M E N D M E N T ================
1281 And the title is amended as follows:
1282 Delete everything before the enacting clause
1283 and insert:
1284 An act relating to water resources; creating part IV of ch.
1285 369, F.S.; providing a short title; providing legislative
1286 findings and intent with respect to the need to protect and
1287 restore springs and groundwater ground water; providing
1288 definitions; requiring the Department of Environmental
1289 Protection to delineate the springsheds of specified springs;
1290 requiring the department to adopt spring protection zones by
1291 secretarial order; requiring the department to adopt total
1292 maximum daily loads and basin management action plans for spring
1293 systems; providing effluent requirements for domestic wastewater
1294 treatment facilities; providing requirements for onsite sewage
1295 treatment and disposal systems; providing requirements for
1296 agricultural operations; authorizing the Department of
1297 Environmental Protection, the Department of Health, and the
1298 Department of Agriculture and Consumer Services to adopt rules;
1299 amending s. 163.3177, F.S.; requiring certain local governments
1300 to adopt a springs protection element as one of the required
1301 elements of the comprehensive plan by a specified date;
1302 providing that certain design principles be included in the
1303 element; requiring the Department of Environmental Protection
1304 and the state land planning agency to make information available
1305 concerning best-management practices; prohibiting a local
1306 government that fails to adopt a springs protection element from
1307 amending its comprehensive plan; amending s. 403.1835, F.S.;
1308 including certain areas of critical state concern and the spring
1309 protection zones established by the act among projects that are
1310 eligible for certain financial assistance; requiring the
1311 Department of Environmental Protection, the Department of
1312 Agriculture and Consumer Services, and water management
1313 districts to assess nitrogen loading and begin implementing
1314 management plans within the spring protection zones by a
1315 specified date; amending s. 381.0065, F.S.; requiring the
1316 Department of Health to implement a statewide onsite sewage
1317 treatment and disposal system inspection program; providing a
1318 10-year phase-in cycle; requiring inspection; providing specific
1319 exemptions; providing fee requirements; providing disposition of
1320 fees; amending s. 259.105, F.S.; providing priority under the
1321 Florida Forever Act for projects within a springs protection
1322 zone; creating s. 403.9335, F.S.; providing legislative
1323 findings; providing for model ordinances for the protection of
1324 urban and residential environments and water; requiring the
1325 Department of Environmental Protection to adopt a model
1326 ordinance by a specified date; requiring municipalities and
1327 counties having impaired water bodies or segments to adopt the
1328 ordinance; creating s. 403.9337, F.S.; providing definitions;
1329 prohibiting use of certain fertilizers after a specified date;
1330 providing for exemptions; transferring by a type II transfer the
1331 Bureau of Onsite Sewage from the Department of Health to the
1332 Department of Environmental Protection; amending s. 369.317,
1333 F.S.; clarifying mitigation offsets in the Wekiva Study Area;
1334 amending s. 373.185, F.S.; revising the definition of Florida
1335 friendly landscaping; deleting references to “xeriscape”;
1336 requiring water management districts to provide model Florida
1337 friendly landscaping ordinances to local governments; revising
1338 eligibility criteria for certain incentive programs of the water
1339 management districts; requiring certain local government
1340 ordinances and amendments to include certain design standards
1341 and identify specified invasive exotic plant species; requiring
1342 water management districts to consult with additional entities
1343 for activities relating to Florida-friendly landscaping
1344 practices; specifying programs for the delivery of educational
1345 programs relating to such practices; providing legislative
1346 findings; providing that certain regulations prohibiting the
1347 implementation of Florida-friendly landscaping or conflicting
1348 with provisions governing the permitting of consumptive uses of
1349 water are prohibited; providing that the act does not limit the
1350 authority of the department or the water management districts to
1351 require Florida-friendly landscaping ordinances or practices as
1352 a condition of certain permit; creating s. 373.187, F.S.;
1353 requiring water management districts to implement Florida
1354 friendly landscaping practices on specified properties;
1355 requiring districts to develop specified programs for
1356 implementing such practices on other specified properties;
1357 amending s. 373.228, F.S.; requiring water management districts
1358 to work with specified entities to develop certain standards;
1359 requiring water management districts to consider certain
1360 information in evaluating water use applications from public
1361 water suppliers; conforming provisions to changes made by the
1362 act; amending s. 373.323, F.S.; revising application
1363 requirements for water well contractor licensure; requiring
1364 applicants to provide specified documentation; amending s.
1365 373.333, F.S.; authorizing an administrative fine to be imposed
1366 for each occurrence of unlicensed well water contracting;
1367 amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
1368 388.291, 481.303, and 720.3075, F.S.; conforming provisions to
1369 changes made by the act; revising provisions requiring the use
1370 of Florida-friendly landscaping for specified public properties
1371 and highway construction and maintenance projects; establishing
1372 a task force to develop recommendations relating to stormwater
1373 management system design; specifying study criteria; providing
1374 for task force membership, meetings, and expiration; requiring
1375 the task force to submit findings and legislative
1376 recommendations to the Legislature by a specified date;
1377 providing effective dates.
1378