Florida Senate - 2009                       CS for CS for SB 274
       
       
       
       By the Committees on Health Regulation; and Environmental
       Preservation and Conservation; and Senators Constantine,
       Dockery, Jones, and Sobel
       
       
       588-05176-09                                           2009274c2
    1                        A bill to be entitled                      
    2         An act relating to water resources; creating part IV
    3         of ch. 369, F.S.; providing a short title; providing
    4         legislative findings and intent with respect to the
    5         need to protect and restore springs and groundwater;
    6         providing definitions; requiring the Department of
    7         Environmental Protection to delineate the springsheds
    8         of specified springs; requiring the department to
    9         adopt spring protection zones by secretarial order;
   10         requiring the department to adopt total maximum daily
   11         loads and basin management action plans for spring
   12         systems; providing effluent requirements for domestic
   13         wastewater treatment facilities; providing
   14         requirements for onsite sewage treatment and disposal
   15         systems; providing requirements for agricultural
   16         operations; authorizing the Department of
   17         Environmental Protection, the Department of Health,
   18         and the Department of Agriculture and Consumer
   19         Services to adopt rules; amending s. 163.3177, F.S.;
   20         requiring certain local governments to adopt a springs
   21         protection element as one of the required elements of
   22         the comprehensive plan by a specified date; providing
   23         that certain design principles be included in the
   24         element; requiring the Department of Environmental
   25         Protection and the state land planning agency to make
   26         information available concerning best-management
   27         practices; prohibiting a local government that fails
   28         to adopt a springs protection element from amending
   29         its comprehensive plan; amending s. 403.1835, F.S.;
   30         including certain areas of critical state concern and
   31         the spring protection zones established by the act
   32         among projects that are eligible for certain financial
   33         assistance; requiring the Department of Environmental
   34         Protection, the Department of Agriculture and Consumer
   35         Services, and water management districts to assess
   36         nitrogen loading and begin implementing management
   37         plans within the spring protection zones by a
   38         specified date; amending s. 381.0065, F.S.; requiring
   39         the Department of Health to implement a statewide
   40         onsite sewage treatment and disposal system inspection
   41         program; providing a 10-year phase-in cycle; requiring
   42         inspection; providing specific exemptions; providing
   43         fee requirements; providing disposition of fees;
   44         amending s. 259.105, F.S.; providing priority under
   45         the Florida Forever Act for projects within a springs
   46         protection zone; creating s. 403.9335, F.S.; providing
   47         legislative findings; providing for model ordinances
   48         for the protection of urban and residential
   49         environments and water; requiring the Department of
   50         Environmental Protection to adopt a model ordinance by
   51         a specified date; requiring municipalities and
   52         counties having impaired water bodies or segments to
   53         adopt the ordinance; creating s. 403.9337, F.S.;
   54         providing definitions; prohibiting use of certain
   55         fertilizers after a specified date; providing for
   56         exemptions; transferring by a type II transfer the
   57         Bureau of Onsite Sewage from the Department of Health
   58         to the Department of Environmental Protection;
   59         amending s. 369.317, F.S.; clarifying mitigation
   60         offsets in the Wekiva Study Area; amending s. 373.185,
   61         F.S.; revising the definition of Florida-friendly
   62         landscaping; deleting references to “xeriscape”;
   63         requiring water management districts to provide model
   64         Florida-friendly landscaping ordinances to local
   65         governments; revising eligibility criteria for certain
   66         incentive programs of the water management districts;
   67         requiring certain local government ordinances and
   68         amendments to include certain design standards and
   69         identify specified invasive exotic plant species;
   70         requiring water management districts to consult with
   71         additional entities for activities relating to
   72         Florida-friendly landscaping practices; specifying
   73         programs for the delivery of educational programs
   74         relating to such practices; providing legislative
   75         findings; providing that certain regulations
   76         prohibiting the implementation of Florida-friendly
   77         landscaping or conflicting with provisions governing
   78         the permitting of consumptive uses of water are
   79         prohibited; providing that the act does not limit the
   80         authority of the department or the water management
   81         districts to require Florida-friendly landscaping
   82         ordinances or practices as a condition of certain
   83         permit; creating s. 373.187, F.S.; requiring water
   84         management districts to implement Florida-friendly
   85         landscaping practices on specified properties;
   86         requiring districts to develop specified programs for
   87         implementing such practices on other specified
   88         properties; amending s. 373.228, F.S.; requiring water
   89         management districts to work with specified entities
   90         to develop certain standards; requiring water
   91         management districts to consider certain information
   92         in evaluating water use applications from public water
   93         suppliers; conforming provisions to changes made by
   94         the act; amending s. 373.323, F.S.; revising
   95         application requirements for water well contractor
   96         licensure; requiring applicants to provide specified
   97         documentation; amending s. 373.333, F.S.; authorizing
   98         an administrative fine to be imposed for each
   99         occurrence of unlicensed well water contracting;
  100         amending ss. 125.568, 166.048, 255.259, 335.167,
  101         380.061, 388.291, 481.303, and 720.3075, F.S.;
  102         conforming provisions to changes made by the act;
  103         revising provisions requiring the use of Florida
  104         friendly landscaping for specified public properties
  105         and highway construction and maintenance projects;
  106         establishing a task force to develop recommendations
  107         relating to stormwater management system design;
  108         specifying study criteria; providing for task force
  109         membership, meetings, and expiration; requiring the
  110         task force to submit findings and legislative
  111         recommendations to the Legislature by a specified
  112         date; providing effective dates.
  113  
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Part IV of chapter 369, Florida Statutes,
  117  consisting of sections 369.401, 369.402, 369.403, 369.404,
  118  369.405, 369.406, 369.407, and 369.408, is created to read:
  119         369.401Short title.—This part may be cited as the “Florida
  120  Springs Protection Act.”
  121         369.402Legislative findings and intent.—
  122         (1)Florida’s springs are a precious and fragile natural
  123  resource that must be protected. Springs provide recreational
  124  opportunities for swimmers, canoeists, wildlife watchers, cave
  125  divers, and others. Because of the recreational opportunities
  126  and accompanying tourism, many of the state’s springs greatly
  127  benefit state and local economies. In addition, springs provide
  128  critical habitat for plants and animals, including many
  129  endangered or threatened species, and serve as indicators of
  130  groundwater and surface water quality.
  131         (2)In general, Florida’s springs, whether found in urban
  132  or rural settings, or on public or private lands, are threatened
  133  by actual, or potential, flow reductions and declining water
  134  quality. Many of Florida’s springs show signs of ecological
  135  imbalance, increased nutrient loading, and lowered water flow.
  136  Groundwater sources of spring discharges are recharged by
  137  seepage from the surface and through direct conduits such as
  138  sinkholes and can be adversely affected by polluted runoff from
  139  urban and agricultural lands and discharges resulting from poor
  140  wastewater management practices.
  141         (3)Springs and groundwater can be restored through good
  142  stewardship, including effective planning strategies, best
  143  management practices, and appropriate regulatory programs that
  144  preserve and protect the springs and their springsheds.
  145         369.403Definitions.—As used in this part, the term:
  146         (1)“Cooperating entities” means the Department of
  147  Environmental Protection, the Department of Health, the
  148  Department of Agriculture and Consumer Services, the Department
  149  of Community Affairs, the Department of Transportation, and each
  150  water management district and those county and municipal
  151  governments having jurisdiction in the areas of the springs
  152  identified in s. 369.404.
  153         (2)“Department” means the Department of Environmental
  154  Protection.
  155         (3)“Estimated sewage flow” means the quantity of domestic
  156  and commercial wastewater in gallons per day which is expected
  157  to be produced by an establishment or single-family residence as
  158  determined by rule of the Department of Health.
  159         (4)“First magnitude spring” means a spring that has a
  160  median discharge of greater than or equal to 100 cubic feet per
  161  second for the period of record, as determined by the
  162  department.
  163         (5)“Karst” means landforms, generally formed by the
  164  dissolution of soluble rocks such as limestone or dolostone,
  165  forming direct connections to the groundwater such as springs,
  166  sinkholes, sinking streams, closed depressions, subterranean
  167  drainage, and caves.
  168         (6)“Onsite sewage treatment and disposal system” or
  169  “septic system” means a system that contains a standard
  170  subsurface, filled, or mound drainfield system; an aerobic
  171  treatment unit; a graywater system tank; a laundry wastewater
  172  system tank; a septic tank; a grease interceptor; a pump tank; a
  173  solids or effluent pump; a waterless, incinerating, or organic
  174  waste-composting toilet; or a sanitary pit privy that is
  175  installed or proposed to be installed beyond the building sewer
  176  on land of the owner or on other land to which the owner has the
  177  legal right to install a system. The term includes any item
  178  placed within, or intended to be used as a part of or in
  179  conjunction with, the system. This term does not include package
  180  sewage treatment facilities and other treatment works regulated
  181  under chapter 403.
  182         (7)“Second magnitude spring” means a spring that has a
  183  median discharge of 10 to 100 cubic feet per second for the
  184  period of record, as determined by the department.
  185         (8)“Spring” means a point where groundwater is discharged
  186  onto the earth’s surface, including under any surface water of
  187  the state, including seeps. The term includes a spring run.
  188         (9)“Springshed” means those areas within the groundwater
  189  and surface water basins which contribute to the discharge of a
  190  spring.
  191         (10)“Usable property” means the area of the property
  192  expressed in acres exclusive of all paved areas and prepared
  193  road beds within public or private rights-of-way or easements
  194  and exclusive of surface water bodies.
  195         369.404Designation of spring protection zones.—
  196         (1)All counties or municipalities in which there are
  197  located first or second magnitude springs are hereby designated
  198  as spring protection zones.
  199         (2)By July 1, 2010, the department is directed to propose
  200  for adoption rules to implement the requirements of this
  201  section.
  202         (a)Such rules at a minimum shall create a priority list of
  203  first and second magnitude springs designating them as high,
  204  medium, or low priority based on the following measurements of
  205         nitrate concentration in the water column at the point that
  206  the spring discharges onto the earth’s surface as an average
  207  annual concentration:
  208         1.High – nitrate greater than or equal to 1.0 milligrams
  209  per liter as determined using existing water quality data;
  210         2.Medium – nitrate greater than or equal to 0.5 milligrams
  211  per liter and less than 1.0 milligrams per liter as determined
  212  using existing water quality data; and
  213         3.Low – all first or second magnitude springs not
  214  categorized as either High or Medium.
  215         (b)Based on the priority determination of the department
  216  for first and second magnitude springs, the corresponding
  217  deadlines apply to the requirements of s. 369.405 to spring
  218  protection zones as designated in this section.
  219         1.For high-priority springs, the deadline for compliance
  220  shall be no later than July 1, 2016;
  221         2.For medium-priority springs, the deadline for compliance
  222  shall be no later than July 1, 2019; and
  223         3.For low-priority springs, the deadline for compliance
  224  shall be no later than July 1, 2024.
  225         (3)By July 1, 2010, the department is directed to propose
  226  for adoption rules that provide the minimum scientific
  227  methodologies, data, or tools that shall be used by a county or
  228  municipal government to support the request for an exemption as
  229  provided for in subsection (4).
  230         (4)A county or municipal government, upon application to
  231  the department, may seek to have specific geographic areas
  232  exempted from the requirements of sections 369.405, 369.406, and
  233  369.407 by demonstrating that activities within such areas will
  234  not impact the springshed in a manner that leads to new or
  235  continued degradation.
  236         (5)Pursuant to subsection (4), the department may approve
  237  or deny an application for an exemption, or may modify the
  238  boundaries of the specific geographic areas for which an
  239  exemption is sought. The ruling of the department on the
  240  applicant’s request shall constitute a final agency action
  241  subject to review pursuant to ss. 120.569 and 120.57.
  242         (6)By July 1, 2010, the department must conduct a study
  243  and report its findings of nitrate concentrations within spring
  244  protection zones designated pursuant to s. 369.404.
  245         369.405Requirements for spring protection zones.—The
  246  requirements of this section are subject to the timelines
  247  established in s. 369.404.
  248         (1)Domestic wastewater discharge and wastewater residual
  249  application must comply with the requirements of this
  250  subsection.
  251         (a)All existing wastewater discharges from facilities
  252  having permitted capacities greater than or equal to 100,000
  253  gallons per day must achieve annual average total nitrogen
  254  concentrations less than or equal to 3 milligrams per liter, as
  255  nitrogen.
  256         (b)All existing wastewater discharges from facilities
  257  having permitted capacities less than 100,000 gallons per day
  258  but greater than 10,000 gallons per day must achieve annual
  259  average concentrations less than or equal to 10 milligrams per
  260  liter, as nitrogen.
  261         (2)Onsite sewage treatment and disposal systems in areas
  262  permitted to or that contain septic systems in densities greater
  263  than or equal to 640 systems per square mile must connect to a
  264  central wastewater treatment facility or other centralized
  265  collection and treatment system. For the purposes of this
  266  subsection, density must be calculated using the largest number
  267  of systems possible within a square mile.
  268         (3)Agricultural operations must implement applicable best
  269  management practices, including nutrient management, adopted by
  270  the Department of Agriculture and Consumer Services to reduce
  271  nitrogen impacts to groundwater. By December 31, 2009, the
  272  Department of Agriculture and Consumer Services, in cooperation
  273  with the other cooperating entities and stakeholders, must
  274  develop and propose for adoption by rule equine, and cow and
  275  calf best-management practices pursuant to this paragraph.
  276  Implementation must be in accordance with paragraph
  277  403.067(7)(b).
  278         (4)Stormwater systems must comply with the requirements of
  279  this section. The department is directed to propose for adoption
  280  rules to implement the requirements of this subsection by July
  281  1, 2010.
  282         (a)Local governments in cooperation with the water
  283  management districts must develop and implement a remediation
  284  plan for all existing drainage wells containing strategies to
  285  reduce nitrogen loading to groundwater to the maximum extent
  286  practicable. The department shall review and approve the
  287  remediation plan prior to implementation. All new drainage wells
  288  must comply with the department’s underground injection control
  289  rules.
  290         (b)Local governments must develop and implement a
  291  remediation plan for all stormwater management systems
  292  constructed prior to 1982 which have not been modified to
  293  provide stormwater treatment containing strategies to reduce
  294  nitrogen loading to groundwater to the maximum extent
  295  practicable.
  296         (c)Local governments in cooperation with the water
  297  management districts must develop and implement a remediation
  298  plan to reduce nitrogen loading to groundwater including
  299  reducing existing direct discharges of stormwater into
  300  groundwater through karst features to the maximum extent
  301  practicable. The department shall review and approve the
  302  remediation plan prior to implementation.
  303         (d)The Department of Transportation must identify any
  304  untreated stormwater discharges into groundwater through natural
  305  subterranean drainages such as sinkholes and develop and
  306  implement a remediation plan to reduce nitrogen loading to
  307  groundwater, including reducing existing such groundwater
  308  discharges to the maximum extent practicable. The department
  309  shall review and approve the remediation plan prior to
  310  implementation.
  311         (5)This subsection does not limit the department’s
  312  authority to require additional treatment or other actions
  313  pursuant to chapter 403, as necessary, to meet surface and
  314  groundwater quality standards.
  315         369.406Additional requirements for all spring protection
  316  zones.
  317         (1)All newly constructed or expanded domestic wastewater
  318  facilities operational after July 1, 2012, must meet the
  319  advanced wastewater treatment requirements of s. 403.086(4).
  320         (2)For all development not permitted as of July 1, 2009,
  321  which has septic system densities greater than or equal to 640
  322  systems per square mile, connection to a central wastewater
  323  treatment facility or other centralized collection and treatment
  324  system is required. For the purposes of this subsection, density
  325  must be calculated using the largest number of systems possible
  326  within a square mile.
  327         (3)New septic systems required as a result of the
  328  mandatory inspection program provided for in s. 381.0065(3) and
  329  installed after July 1, 2009, must be designed to meet a target
  330  annual average groundwater concentration of no more than 3
  331  milligrams per liter total nitrogen at the owner’s property
  332  line. Compliance with these requirements does not require
  333  groundwater monitoring. The Department of Health shall develop
  334  and adopt by rule design standards for achieving this target
  335  annual average groundwater concentration. At a minimum, this
  336  standard must take into consideration the relationship between
  337  the treatment level achieved by the septic system and the area
  338  of usable property available for rainwater dilution.
  339         (4)Prior to adoption of the design standards by the
  340  Department of Health, compliance with the requirements in
  341  subsection (3) is presumed if one of the following conditions is
  342  met:
  343         (a)The lot associated with the establishment or single
  344  family home is served by a septic system meeting the baseline
  345  system standards set forth in rules of the Department of Health,
  346  and the ratio of estimated sewage flow in gallons per day to
  347  acres of usable property is 100 to 1 or less.
  348         (b)The lot associated with the establishment or single
  349  family home is served by a septic system meeting at least the
  350  advanced secondary treatment standards for nitrogen as set forth
  351  in rules of the Department of Health, combined with a drip
  352  irrigation system, a shallow low pressure dosed or a time-dosed
  353  drainfield system.
  354         (c)The lot associated with the establishment or single
  355  family home is scheduled to connect to a central wastewater
  356  treatment facility within 6 months after the application for the
  357  permit.
  358         (5)Subsection (4) does not supersede the jurisdictional
  359  flow limits established in s. 381.0065(3)(b).
  360         (6)Land application of septage is prohibited and subject
  361  to a $250 fine for a first offense and $500 fine for a second or
  362  subsequent offense pursuant to the authority granted to the
  363  Department of Health in s. 381.0065(3)(h).
  364         (7)Any septic system, when requiring repair, modification,
  365  or reapproval, must meet a 24-inch separation from the wet
  366  season water table and the surface water setback requirements in
  367  s. 381.0065(4). All treatment receptacles must be within one
  368  size of the requirements in rules of the Department of Health
  369  and must be tested for watertightness by a state-licensed septic
  370  tank contractor or plumber.
  371         (8)Each owner of a publicly owned or investor-owned
  372  sewerage system must notify all owners of septic systems,
  373  excluding approved graywater systems, of the availability of
  374  central sewerage facilities for purposes of connection pursuant
  375  to s. 381.00655(1) within 60 days after receipt of notification
  376  from the Department of Health that collection facilities for the
  377  central sewerage system have been cleared for use.
  378         (a)Notwithstanding s. 381.00655(2)(b), a publicly owned or
  379  investor-owned sewerage system may not waive the requirement for
  380  mandatory onsite sewage disposal connection to an available
  381  publicly owned or investor-owned sewerage system, except as
  382  provided in paragraph (b).
  383         (b)With the approval of the Department of Health, a
  384  publicly owned or investor-owned sewerage system may waive the
  385  requirement for mandatory onsite sewage disposal connection for
  386  a sewage treatment system that meets or exceeds standards
  387  established for septic systems if it determines that such
  388  connection is not required in the public interest due to water
  389  quality or public health considerations.
  390         (9)In hardship cases the Department of Health may grant
  391  variances to the provisions of this section and any rules
  392  adopted under this section in accordance with s. 381.0065(4)(h).
  393         (10)After July 1, 2010, land application of Class A, Class
  394  B, or Class AA wastewater residuals, as defined by department
  395  rule, is prohibited. This prohibition does not apply to Class AA
  396  residuals that are marketed and distributed as fertilizer
  397  products in accordance with department rule.
  398         (11)Animal feeding operations must implement the
  399  requirements of rules adopted by the department to reduce
  400  nitrogen impacts to groundwater. By December 31, 2009, the
  401  department, in cooperation with the other cooperating entities
  402  and stakeholders, must develop and propose for adoption, revised
  403  rules for animal feeding operations which address requirements
  404  for lined wastewater storage ponds and the development and
  405  implementation of nutrient management plans, including the land
  406  spreading of animal waste not treated and packaged as
  407  fertilizer.
  408         (12)All county and municipal governments must, at a
  409  minimum, adopt the department’s model ordinance for Florida
  410  Friendly Fertilizer Use on Urban Landscapes located in the
  411  Florida-Friendly Landscape Guidance Models for Ordinances,
  412  Covenants and Restrictions (2009) by December 31, 2010.
  413         (13)The department and the water management districts
  414  shall adopt design criteria for stormwater treatment systems
  415  located within spring protection zones to minimize the movement
  416  of nitrogen into the groundwater and to prevent the formation of
  417  sinkholes within stormwater systems.
  418         (14)This subsection does not limit the department’s
  419  authority to require additional treatment or other actions
  420  pursuant to chapter 403, as necessary, to meet surface and
  421  groundwater quality standards.
  422         369.407Florida Springs Onsite Sewage Treatment and
  423  Disposal System Compliance Grant Program.—
  424         (1)The Florida Springs Onsite Sewage Treatment and
  425  Disposal System Compliance Grant Program is established in the
  426  department and shall be administered by it. The purpose of the
  427  program is to provide grants to low-income property owners in
  428  spring protection zones using septic systems to assist the
  429  property owners in complying with rules for these systems
  430  developed by the department, or the water management districts,
  431  or to connect to a central wastewater treatment facility or
  432  other centralized collection and treatment system pursuant to s.
  433  369.405(2) or s. 381.00655(1). The grant program is effective
  434  upon final adoption of the department rules and may be applied
  435  to costs incurred on or after such date.
  436         (2)Any property owner in a spring protection zone having
  437  an income less than or equal to 200 percent of the federal
  438  poverty level who is required by rule of the department or the
  439  water management districts to alter, repair, or modify any
  440  existing septic system to a nitrate-reducing system pursuant to
  441  s. 369.406(3), or to assist property owners with connecting to
  442  available publicly owned or investor-owned sewerage system
  443  pursuant to s. 381.00655(1), may apply to the department for a
  444  grant to assist the owner with the costs of compliance or
  445  connection.
  446         (3)The amount of the grant is limited to the cost
  447  differential between the replacement of a comparable existing
  448  septic system and that of an upgraded nitrate-reducing treatment
  449  system pursuant to s. 369.406(3), or the actual costs incurred
  450  from connection to a central wastewater treatment facility or
  451  other centralized collection and treatment system pursuant to s.
  452  385.00655(1), but may not exceed $5,000 per property.
  453         (4)The grant must be in the form of a rebate to the
  454  property owner for costs incurred in complying with the
  455  requirements for septic systems pursuant to s. 369.406(3), or
  456  incurred from connection to a central wastewater treatment
  457  facility or other centralized collection and treatment system
  458  pursuant to s. 381.00655(1). The property owner must provide
  459  documentation of those costs in the grant application to the
  460  department.
  461         (5)The department shall adopt rules providing forms,
  462  procedures, and requirements for applying for and disbursing
  463  grants, including bid requirements, and for documenting
  464  compliance or connection costs incurred.
  465         (6)The department, in coordination with the water
  466  management districts, shall continue to evaluate, by any means
  467  it deems appropriate, the level of nitrate deposited in Florida
  468  springs by septic systems.
  469         369.408Rules.—
  470         (1)The department, the Department of Health, and the
  471  Department of Agriculture and Consumer Services may adopt rules
  472  pursuant to ss. 120.536(1) and 120.54 to administer the
  473  provisions of this part, as applicable.
  474         (2)(a)The Department of Agriculture and Consumer Services
  475  shall be the lead agency coordinating the reduction of
  476  agricultural nonpoint sources of pollution for springs
  477  protection. The Department of Agriculture and Consumer Services
  478  and the department, pursuant to s. 403.067(7)(c)4., shall study
  479  and if necessary, in cooperation with the other cooperating
  480  entities, applicable county and municipal governments, and
  481  stakeholders, initiate rulemaking to implement new or revised
  482  best-management practices for improving and protecting springs.
  483  As needed to implement the new or revised practices, the
  484  Department of Agriculture and Consumer Services, shall revise
  485  its best-management practices rules to require implementation of
  486  the modified practice within a reasonable time period as
  487  specified in the rule.
  488         (b)The Department of Agriculture and Consumer Services,
  489  the department, and the University of Florida's Institute of
  490  Food and Agricultural Sciences shall cooperate in the conduct of
  491  necessary research and demonstration projects to develop
  492  improved or additional nutrient management tools, including the
  493  use of controlled release fertilizer, which can be used by
  494  agricultural producers as part of an agricultural best
  495  management practices program. The development of such tools
  496  shall reflect a balance between water quality improvements and
  497  agricultural productivity and, where applicable, shall be
  498  incorporated into revised best-management practices adopted by
  499  rule of the Department of Agriculture and Consumer Services.
  500         (3)The department shall as a part of the rules developed
  501  for this part include provisions that allow for the variance of
  502  the compliance deadlines provided for in paragraph (b) of s.
  503  369.404(2). Such variance shall, at a minimum, be based on the
  504  financial ability of the responsible county or municipality to
  505  meet the requirements of this part.
  506         Section 2. Paragraph (l) is added to subsection (6) of
  507  section 163.3177, Florida Statutes, to read:
  508         163.3177 Required and optional elements of comprehensive
  509  plan; studies and surveys.—
  510         (6) In addition to the requirements of subsections (1)-(5)
  511  and (12), the comprehensive plan shall include the following
  512  elements:
  513         (l)In counties or municipalities, or portions thereof,
  514  designated as spring protection zones pursuant to s. 369.404,
  515  during the first comprehensive plan evaluation and appraisal
  516  report conducted after July 1, 2009, a spring protection measure
  517  that ensures the protection of and, where necessary, restoration
  518  of water quality in springs shall be added to the appropriate
  519  comprehensive plan element. The measure must address minimizing
  520  human impacts on springs from development through protecting
  521  karst features, as defined in s. 369.403, during and after the
  522  development process, ensuring that future development follows
  523  low-impact design principles, ensuring that landscaping and
  524  fertilizer use are consistent with the Florida Friendly
  525  Landscaping program, ensuring adequate open space, and providing
  526  for proper management of stormwater and wastewater to minimize
  527  their effects on the water quality of springs. The spring
  528  protection measure must be based on low-impact design,
  529  landscaping, and fertilizer best-management and use practices
  530  and principles developed by the Department of Environmental
  531  Protection and contained in the Florida Friendly Landscape
  532  Guidance Models for Ordinances, Covenants, and Restrictions. The
  533  Department of Environmental Protection and the state land
  534  planning agency shall make information concerning such best
  535  management and use practices and principles prominently
  536  available on their websites. In addition, all landscape design
  537  and irrigation systems must meet the standards established
  538  pursuant to s. 373.228(4). Failure to adopt a spring protection
  539  measure shall result in a prohibition on any plan amendments
  540  until the measure is adopted.
  541         Section 3. Subsection (7) of section 403.1835, Florida
  542  Statutes, is amended to read:
  543         403.1835 Water pollution control financial assistance.—
  544         (7) Eligible projects must be given priority according to
  545  the extent each project is intended to remove, mitigate, or
  546  prevent adverse effects on surface or groundwater ground water
  547  quality and public health. The relative costs of achieving
  548  environmental and public health benefits must be taken into
  549  consideration during the department’s assignment of project
  550  priorities. The department shall adopt a priority system by
  551  rule. In developing the priority system, the department shall
  552  give priority to projects that:
  553         (a) Eliminate public health hazards;
  554         (b) Enable compliance with laws requiring the elimination
  555  of discharges to specific water bodies, including the
  556  requirements of s. 403.086(9) regarding domestic wastewater
  557  ocean outfalls;
  558         (c) Assist in the implementation of total maximum daily
  559  loads and basin management action plans adopted under s.
  560  403.067;
  561         (d) Enable compliance with other pollution control
  562  requirements, including, but not limited to, toxics control,
  563  wastewater residuals management, and reduction of nutrients and
  564  bacteria;
  565         (e) Assist in the implementation of surface water
  566  improvement and management plans and pollutant load reduction
  567  goals developed under state water policy;
  568         (f) Promote reclaimed water reuse;
  569         (g) Eliminate environmental damage caused by failing onsite
  570  sewage treatment and disposal systems, with priority given to
  571  systems located within an area designated as an area of critical
  572  state concern under s. 380.05 or located in a spring protection
  573  zone designated pursuant to s. 369.404 or those that are causing
  574  environmental damage; or
  575         (h) Reduce pollutants to and otherwise promote the
  576  restoration of state Florida’s surface waters and groundwaters
  577  ground waters.
  578         Section 4. All state agencies and water management
  579  districts shall asses nitrogen loading from all publically owned
  580  buildings and facilities owned or managed by each respective
  581  agency or district located within a spring protection zone using
  582  a consistent methodology, evaluate existing management
  583  activities, and develop and begin implementing management plans
  584  to reduce adverse impacts to the springs no later than December
  585  31, 2011.
  586         Section 5. Present paragraphs (d) through (n) of subsection
  587  (3) of section 381.0065, Florida Statutes, are redesignated as
  588  paragraphs (e) through (o), respectively, and a new paragraph
  589  (d) is added to that subsection, to read:
  590         381.0065 Onsite sewage treatment and disposal systems;
  591  regulation.—
  592         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  593  department shall:
  594         (d)Develop and implement a mandatory statewide onsite
  595  sewage treatment and disposal system inspection program.
  596         1.The program shall:
  597         a.Be phased in over a 10-year cycle and provide that every
  598  system is inspected on a 5-year recurring cycle.
  599         b.Initially target those systems inspected under other
  600  departmental criteria.
  601         c.Provide for the exemption of those systems in areas
  602  where the density of systems is fewer than one per 3 acres
  603  unless the property abuts a water body or water segment that is
  604  listed as impaired pursuant to s. 403.067, or is within a county
  605  designated as a spring protection zone pursuant to s. 369.404.
  606         2.The department, local government, or state-licensed
  607  septic tank contractor or plumber shall charge an additional fee
  608  of up to $20 for each system inspected. Upon completion of the
  609  inspection, the entity conducting the inspection must submit an
  610  application for approval to the department and provide a copy to
  611  the owner. The department must approve the system for continued
  612  use or notify the owner of the requirement for a repair or
  613  modification permit.
  614         3.Revenues from the fee must be deposited in the
  615  appropriate department trust fund, and a minimum of 50 percent
  616  of the revenues shall be dedicated to the grant program created
  617  pursuant to s. 369.407.
  618         4.This paragraph shall not be construed to limit local
  619  governments from adopting additional or more stringent
  620  provisions than contained in this paragraph.
  621         Section 6. Paragraph (m) is added to subsection (9) of
  622  section 259.105, Florida Statutes, to read:
  623         259.105 The Florida Forever Act.—
  624         (9) The Acquisition and Restoration Council shall recommend
  625  rules for adoption by the board of trustees to competitively
  626  evaluate, select, and rank projects eligible for Florida Forever
  627  funds pursuant to paragraph (3)(b) and for additions to the
  628  Conservation and Recreation Lands list pursuant to ss. 259.032
  629  and 259.101(4). In developing these proposed rules, the
  630  Acquisition and Restoration Council shall give weight to the
  631  following criteria:
  632         (m)Any part of the project area falls within a springs
  633  protection zone as defined by ss. 369.401-369.407.
  634         Section 7. Section 403.9335, Florida Statutes, is created
  635  to read:
  636         403.9335Protection of urban and residential environments
  637  and water.—
  638         (1)The Legislature finds that the implementation of the
  639  department’s Model Ordinance for Florida-Friendly Fertilizer Use
  640  on Urban Landscapes located in the Florida-Friendly Landscape
  641  Guidance Models for Ordinances, Covenants, and Restrictions
  642  (2009) manual, which was developed consistent with the
  643  recommendations of the Florida Consumer Fertilizer Task Force,
  644  in concert with the provisions of the Labeling Requirements for
  645  Urban Turf Fertilizers found in chapter 5E-1 Florida
  646  Administrative Code, will assist in protecting the quality of
  647  Florida’s surface water and groundwater resources. The
  648  Legislature further finds that local circumstances, including
  649  the varying types and conditions of water bodies, site-specific
  650  soils and geology, and urban or rural densities and
  651  characteristics, necessitates that additional or more stringent
  652  fertilizer-management practices may be needed at the local
  653  government level.
  654         (2)All county and municipal governments are encouraged to
  655  adopt and enforce the provisions in the department’s Model
  656  Ordinance for Florida-Friendly Fertilizer Use on Urban
  657  Landscapes as a mechanism for better protecting local surface
  658  water and groundwater quality.
  659         (3)Each county and municipal government located within the
  660  watershed of a water body or water segment that is listed by the
  661  department as impaired by nutrients pursuant to s. 403.067, or
  662  designated as a spring protection zone pursuant to 369.404,
  663  shall adopt, at a minimum, the provisions of the department’s
  664  Model Ordinance for Florida-Friendly Fertilizer Use on Urban
  665  Landscapes. A county or municipal government may adopt
  666  additional or more stringent provisions than the model ordinance
  667  if the following criteria are met:
  668         (a)The county or municipal government has demonstrated, as
  669  part of a comprehensive program to address nonpoint sources of
  670  nutrient pollution which is science-based, economically and
  671  technically feasible, that additional or more stringent
  672  provisions to the model ordinance are necessary to adequately
  673  address urban fertilizer contributions to nonpoint source
  674  nutrient loading to a water body.
  675         (b)The county or municipal government documents
  676  consideration of all relevant scientific information including
  677  input from the department, the Department of Agriculture and
  678  Consumer Services and the University of Florida Institute of
  679  Food and Agricultural Sciences, if provided, on the need for
  680  additional or more stringent provisions to address fertilizer
  681  use as a contributor to water quality degradation. All
  682  documentation shall be made part of the public record prior to
  683  adoption of the additional or more stringent criteria.
  684         (4)Any county or municipal government that has adopted its
  685  own fertilizer use ordinance before January 1, 2009 is exempt
  686  from the provisions of this section. Ordinances adopted or
  687  amended after January 1, 2009 shall adopt the provisions in the
  688  most recent version of the model fertilizer ordinance and shall
  689  be subject to the criteria described in subsections (1) and (2)
  690  above.
  691         (5)Nothing herein shall be construed to regulate the use
  692  of fertilizer on farm operations as defined in s. 823.14 or on
  693  lands classified as agricultural lands pursuant to s. 193.461.
  694         Section 8. Section 403.9337, Florida Statutes, is created
  695  to read:
  696         403.9337Urban turf fertilizers.—
  697         (1)As used in this section, the term:
  698         (a)“No-phosphate fertilizer” or “no-phosphorus fertilizer”
  699  means fertilizer that contains less than 0.5 percent phosphate
  700  by weight.
  701         (b)“Urban turf” means noncropland planted, mowed, and
  702  managed grasses, including, but not limited to, residential
  703  lawns; turf on commercial property; filter strips; and turf on
  704  property owned by federal, state, or local governments and other
  705  public lands, including roadways, roadsides, parks, campsites,
  706  recreation areas, school grounds, and other public grounds. The
  707  term does not include pastures, hay production and grazing land,
  708  turf grown on sod farms, or any other form of agricultural
  709  production; golf courses or sports turf fields; or garden
  710  fruits, flowers, or vegetables.
  711         (c)“Soil test” means a test performed on soil planted or
  712  sodded, or that will be planted or sodded, by a laboratory
  713  approved by the Department of Agriculture and Consumer Services
  714  and performed within the last 2 years to indicate if the level
  715  of available phosphorus in the soil is sufficient to support
  716  healthy turf growth.
  717         (d)“Tissue test” means a test performed on plant tissue
  718  growing in the soil planted or sodded, or that will be planted
  719  or sodded, by a laboratory approved by the Department of
  720  Agriculture and Consumer Services and performed within the last
  721  2 years to indicate if the level of available phosphorus in the
  722  soil is sufficient to support healthy turf.
  723         (2)Other than no-phosphate and no-phosphorus fertilizers,
  724  fertilizer containing phosphorus may not be applied to urban
  725  turf anywhere in this state on or after July 1, 2011, unless a
  726  soil or tissue test that is conducted pursuant to a method
  727  approved by the Department of Agriculture and Consumer Services
  728  indicates:
  729         (a)For turf that is being initially established by seed or
  730  sod, the level of available phosphorus is insufficient to
  731  establish new turf growth and a root system. However, during the
  732  first year, a one-time application only of up to 1 pound of
  733  phosphate per 1,000 square feet of area may be applied.
  734         (b)For established turf, the level of available phosphorus
  735  is insufficient to support healthy turf growth. However, no more
  736  than 0.25 pound of phosphate per 1,000 square feet of area per
  737  each application may be applied, not to exceed 0.5 pound of
  738  phosphate per 1,000 square feet of area per year.
  739         Section 9. Effective July 1, 2010, all of the powers,
  740  duties, functions, records, personnel, and property; unexpended
  741  balances of appropriations, allocations, and other funds;
  742  administrative authority; administrative rules; pending issues;
  743  and existing contracts of the Bureau of Onsite Sewage Programs
  744  in the Department of Health, as authorized and governed by ss.
  745  20.43, 20.435, 153.73, 153.54, 163.3180, 180.03, 381.006,
  746  381.0061, 381.0064-381.0068, and 489.551-558, are transferred by
  747  a type II transfer, pursuant to s. 20.06(2), to the Florida
  748  Department of Environmental Protection. In addition all existing
  749  powers, duties, functions, records, personnel, and property;
  750  unexpended balances of appropriations, allocations, and other
  751  funds; administrative authority; administrative rules; pending
  752  issues; and existing contracts associated with county health
  753  departments’ onsite sewage programs are transferred to the
  754  Department of Environmental Protection.
  755         Section 10. Subsection (6) of section 369.317, Florida
  756  Statutes, is amended to read:
  757         369.317 Wekiva Parkway.—
  758         (6) The Orlando-Orange County Expressway Authority is
  759  hereby granted the authority to act as a third-party acquisition
  760  agent, pursuant to s. 259.041 on behalf of the Board of Trustees
  761  or chapter 373 on behalf of the governing board of the St. Johns
  762  River Water Management District, for the acquisition of all
  763  necessary lands, property and all interests in property
  764  identified herein, including fee simple or less-than-fee simple
  765  interests. The lands subject to this authority are identified in
  766  paragraph 10.a., State of Florida, Office of the Governor,
  767  Executive Order 03-112 of July 1, 2003, and in Recommendation 16
  768  of the Wekiva Basin Area Task Force created by Executive Order
  769  2002-259, such lands otherwise known as Neighborhood Lakes, a
  770  1,587+/- acre parcel located in Orange and Lake Counties within
  771  Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
  772  and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
  773  Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
  774  County within Section 37, Township 19 South, Range 28 East; New
  775  Garden Coal; a 1,605+/- acre parcel in Lake County within
  776  Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
  777  East; Pine Plantation, a 617+/- acre tract consisting of eight
  778  individual parcels within the Apopka City limits. The Department
  779  of Transportation, the Department of Environmental Protection,
  780  the St. Johns River Water Management District, and other land
  781  acquisition entities shall participate and cooperate in
  782  providing information and support to the third-party acquisition
  783  agent. The land acquisition process authorized by this paragraph
  784  shall begin no later than December 31, 2004. Acquisition of the
  785  properties identified as Neighborhood Lakes, Pine Plantation,
  786  and New Garden Coal, or approval as a mitigation bank shall be
  787  concluded no later than December 31, 2010. Department of
  788  Transportation and Orlando-Orange County Expressway Authority
  789  funds expended to purchase an interest in those lands identified
  790  in this subsection shall be eligible as environmental mitigation
  791  for road construction related impacts in the Wekiva Study Area.
  792  If any of the lands identified in this subsection are used as
  793  environmental mitigation for road construction related impacts
  794  incurred by the Department of Transportation or Orlando-Orange
  795  County Expressway Authority, or for other impacts incurred by
  796  other entities, within the Wekiva Study Area or within the
  797  Wekiva parkway alignment corridor, and if the mitigation offsets
  798  these impacts, then the St. Johns River Water Management
  799  District and the Department of Environmental Protection shall
  800  consider the activity regulated under part IV of chapter 373 to
  801  meet the cumulative impact requirements of s. 373.414(8)(a).
  802         Section 11. Section 373.185, Florida Statutes, is amended
  803  to read:
  804         373.185 Local Florida-friendly landscaping Xeriscape
  805  ordinances.—
  806         (1) As used in this section, the term:
  807         (a) “Local government” means any county or municipality of
  808  the state.
  809         (b) “Xeriscape” or “Florida-friendly landscaping landscape”
  810  means quality landscapes that conserve water, and protect the
  811  environment, and are adaptable to local conditions, and which
  812  are drought tolerant. The principles of such landscaping
  813  Xeriscape include planting the right plant in the right place,
  814  efficient watering, appropriate fertilization, mulching,
  815  attraction of wildlife, responsible management of yard pests,
  816  recycling yard waste, reduction of stormwater runoff, and
  817  waterfront protection. Additional components include practices
  818  such as landscape planning and design, appropriate choice of
  819  plants, soil analysis, which may include the appropriate use of
  820  solid waste compost, minimizing the use of efficient irrigation,
  821  practical use of turf, appropriate use of mulches, and proper
  822  maintenance.
  823         (2) Each water management district shall design and
  824  implement an incentive program to encourage all local
  825  governments within its district to adopt new ordinances or amend
  826  existing ordinances to require Florida-friendly Xeriscape
  827  landscaping for development permitted after the effective date
  828  of the new ordinance or amendment. Each district shall adopt
  829  rules governing the implementation of its incentive program and
  830  governing the review and approval of local government Xeriscape
  831  ordinances or amendments which are intended to qualify a local
  832  government for the incentive program. Each district shall assist
  833  the local governments within its jurisdiction by providing a
  834  model Florida-friendly landscaping ordinance Xeriscape code and
  835  other technical assistance. Each district may develop its own
  836  model or use a model contained in the “Florida-Friendly
  837  Landscape Guidance Models for Ordinances, Covenants, and
  838  Restrictions” manual developed by the department. To qualify for
  839  a district’s incentive program, a local government Xeriscape
  840  ordinance or amendment, in order to qualify the local government
  841  for a district’s incentive program, must include, at a minimum:
  842         (a) Landscape design, installation, and maintenance
  843  standards that result in water conservation and water quality
  844  protection or restoration. Such standards must shall address the
  845  use of plant groupings, soil analysis including the promotion of
  846  the use of solid waste compost, efficient irrigation systems,
  847  and other water-conserving practices.
  848         (b) Identification of prohibited invasive exotic plant
  849  species consistent with s. 581.091.
  850         (c) Identification of controlled plant species, accompanied
  851  by the conditions under which such plants may be used.
  852         (d) A provision specifying the maximum percentage of
  853  irrigated turf and the maximum percentage of impervious surfaces
  854  allowed in a Florida-friendly landscaped xeriscaped area and
  855  addressing the practical selection and installation of turf.
  856         (e) Specific standards for land clearing and requirements
  857  for the preservation of existing native vegetation.
  858         (f) A monitoring program for ordinance implementation and
  859  compliance.
  860         (3)Each water management district shall also The districts
  861  also shall work with the department, local governments, county
  862  extension agents or offices, nursery and landscape industry
  863  groups, and other interested stakeholders to promote, through
  864  educational programs, and publications, and other district
  865  activities authorized under this chapter, the use of Florida
  866  friendly landscaping Xeriscape practices, including the use of
  867  solid waste compost, in existing residential and commercial
  868  development. In conducting these activities, each district shall
  869  use the materials developed by the department, the Institute of
  870  Food and Agricultural Sciences at the University of Florida, and
  871  the Center for Landscape Conservation and Ecology Florida
  872  Friendly Landscaping program, including, but not limited to, the
  873  Florida Yards and Neighborhoods Program for homeowners, the
  874  Florida Yards and Neighborhoods Builder Developer Program for
  875  developers, and the Green Industries Best Management Practices
  876  Program for landscaping professionals. Each district may develop
  877  supplemental materials as appropriate to address the physical
  878  and natural characteristics of the district. The districts shall
  879  coordinate with the department and the Institute of Food and
  880  Agricultural Sciences at the University of Florida if revisions
  881  to the educational materials are needed. This section may not be
  882  construed to limit the authority of the districts to require
  883  Xeriscape ordinances or practices as a condition of any
  884  consumptive use permit.
  885         (a)The Legislature finds that the use of Florida-friendly
  886  landscaping and other water use and pollution prevention
  887  measures to conserve or protect the state’s water resources
  888  serves a compelling public interest and that the participation
  889  of homeowners’ associations and local governments is essential
  890  to state’s efforts in water conservation and water quality
  891  protection and restoration.
  892         (b)(3) A deed restriction, or covenant entered after
  893  October 1, 2001, or local government ordinance may not prohibit
  894  or be enforced so as to prohibit any property owner from
  895  implementing Xeriscape or Florida-friendly landscaping landscape
  896  on his or her land or create any requirement or limitation in
  897  conflict with any provision of part II of this chapter or a
  898  water shortage order, other order, consumptive use permit, or
  899  rule adopted or issued pursuant to part II of this chapter.
  900         (4)This section does not limit the authority of the
  901  department or the water management districts to require Florida
  902  friendly landscaping ordinances or practices as a condition of
  903  any permit issued under this chapter.
  904         Section 12. Section 373.187, Florida Statutes, is created
  905  to read:
  906         373.187Water management district implementation of
  907  Florida-friendly landscaping.—Each water management district
  908  shall use Florida-friendly landscaping, as defined in s.
  909  373.185, on public property associated with buildings and
  910  facilities owned by the district and constructed after June 30,
  911  2009. Each district shall also develop a 5-year program for
  912  phasing in the use of Florida-friendly landscaping on public
  913  property associated with buildings or facilities owned by the
  914  district and constructed before July 1, 2009.
  915         Section 13. Section 373.228, Florida Statutes, is amended
  916  to read:
  917         373.228 Landscape irrigation design.—
  918         (1) The Legislature finds that multiple areas throughout
  919  the state have been identified by water management districts as
  920  water resource caution areas, which indicates that in the near
  921  future water demand in those areas will exceed the current
  922  available water supply and that conservation is one of the
  923  mechanisms by which future water demand will be met.
  924         (2) The Legislature finds that landscape irrigation
  925  comprises a significant portion of water use and that the
  926  current typical landscape irrigation systems system and Florida
  927  friendly landscaping xeriscape designs offer significant
  928  potential water conservation benefits.
  929         (3) It is the intent of the Legislature to improve
  930  landscape irrigation water use efficiency by ensuring that
  931  landscape irrigation systems meet or exceed minimum design
  932  criteria.
  933         (4) The water management districts shall work with the
  934  Florida Nursery, Nurserymen and Growers and Landscape
  935  Association, the Florida Native Plant Society, the Florida
  936  Chapter of the American Society of Landscape Architects, the
  937  Florida Irrigation Society, the Department of Agriculture and
  938  Consumer Services, the Institute of Food and Agricultural
  939  Sciences, the Department of Environmental Protection, the
  940  Department of Transportation, the Florida League of Cities, the
  941  Florida Association of Counties, and the Florida Association of
  942  Community Developers to develop landscape irrigation and
  943  Florida-friendly landscaping xeriscape design standards for new
  944  construction which incorporate a landscape irrigation system and
  945  develop scientifically based model guidelines for urban,
  946  commercial, and residential landscape irrigation, including drip
  947  irrigation, for plants, trees, sod, and other landscaping. The
  948  landscape and irrigation design standards shall be based on the
  949  irrigation code defined in the Florida Building Code, Plumbing
  950  Volume, Appendix F. Local governments shall use the standards
  951  and guidelines when developing landscape irrigation and Florida
  952  friendly landscaping xeriscape ordinances. By January 1, 2011,
  953  the agencies and entities specified in this subsection shall
  954  review the standards and guidelines to determine whether new
  955  research findings require a change or modification of the
  956  standards and guidelines.
  957         (5)In evaluating water use applications from public water
  958  suppliers, water management districts shall consider whether the
  959  applicable local government has adopted ordinances for
  960  landscaping and irrigation systems consistent with the Florida
  961  friendly landscaping provisions of s. 373.185.
  962         Section 14. Subsection (3) of section 373.323, Florida
  963  Statutes, is amended to read:
  964         373.323 Licensure of water well contractors; application,
  965  qualifications, and examinations; equipment identification.—
  966         (3) An applicant who meets the following requirements is
  967  shall be entitled to take the water well contractor licensure
  968  examination to practice water well contracting:
  969         (a) Is at least 18 years of age.
  970         (b) Has at least 2 years of experience in constructing,
  971  repairing, or abandoning water wells. Satisfactory proof of such
  972  experience is demonstrated by providing:
  973         1.Evidence of the length of time the applicant has been
  974  engaged in the business of the construction, repair, or
  975  abandonment of water wells as a major activity, as attested to
  976  by a letter from three of the following persons:
  977         a.A water well contractor.
  978         b.A water well driller.
  979         c.A water well parts and equipment vendor.
  980         d.A water well inspector employed by a governmental
  981  agency.
  982         2.A list of at least 10 water wells that the applicant has
  983  constructed, repaired, or abandoned within the preceding 5
  984  years. Of these wells, at least seven must have been
  985  constructed, as defined in s. 373.303(2), by the applicant. The
  986  list must also include:
  987         a.The name and address of the owner or owners of each
  988  well.
  989         b.The location, primary use, and approximate depth and
  990  diameter of each well.
  991         c.The approximate date the construction, repair, or
  992  abandonment of each well was completed.
  993         (c) Has completed the application form and remitted a
  994  nonrefundable application fee.
  995         Section 15. Subsection (8) of section 373.333, Florida
  996  Statutes, is amended to read:
  997         373.333 Disciplinary guidelines; adoption and enforcement;
  998  license suspension or revocation.—
  999         (8) The water management district may impose through an
 1000  order an administrative fine not to exceed $5,000 per occurrence
 1001  against an unlicensed person if when it determines that the
 1002  unlicensed person has engaged in the practice of water well
 1003  contracting, for which a license is required.
 1004         Section 16. Section 125.568, Florida Statutes, is amended
 1005  to read:
 1006         125.568 Conservation of water; Florida-friendly landscaping
 1007  Xeriscape.—
 1008         (1)(a) The Legislature finds that Florida-friendly
 1009  landscaping Xeriscape contributes to the conservation,
 1010  protection, and restoration of water. In an effort to meet the
 1011  water needs of this state in a manner that will supply adequate
 1012  and dependable supplies of water where needed, it is the intent
 1013  of the Legislature that Florida-friendly landscaping Xeriscape
 1014  be an essential part of water conservation and water quality
 1015  protection and restoration planning.
 1016         (b) As used in this section, “Xeriscape” or “Florida
 1017  friendly landscaping” has the same meaning as in s. 373.185
 1018  landscape” means quality landscapes that conserve water and
 1019  protect the environment and are adaptable to local conditions
 1020  and which are drought tolerant. The principles of Xeriscape
 1021  include planning and design, appropriate choice of plants, soil
 1022  analysis which may include the use of solid waste compost,
 1023  practical use of turf, efficient irrigation, appropriate use of
 1024  mulches, and proper maintenance.
 1025         (2) The board of county commissioners of each county shall
 1026  consider enacting ordinances, consistent with s. 373.185,
 1027  requiring the use of Florida-friendly landscaping Xeriscape as a
 1028  water conservation or water quality protection or restoration
 1029  measure. If the board determines that such landscaping Xeriscape
 1030  would be of significant benefit as a water conservation or water
 1031  quality protection or restoration measure, especially for waters
 1032  designated as impaired pursuant to s. 403.067, relative to the
 1033  cost to implement Florida-friendly Xeriscape landscaping in its
 1034  area of jurisdiction, the board shall enact a Florida-friendly
 1035  landscaping Xeriscape ordinance. Further, the board of county
 1036  commissioners shall consider promoting Florida-friendly
 1037  landscaping Xeriscape as a water conservation or water quality
 1038  protection or restoration measure by: using such landscaping
 1039  Xeriscape in any, around, or near facilities, parks, and other
 1040  common areas under its jurisdiction which are landscaped after
 1041  the effective date of this act; providing public education on
 1042  Florida-friendly landscaping Xeriscape, its uses in increasing
 1043  as a water conservation and water quality protection or
 1044  restoration tool, and its long-term cost-effectiveness; and
 1045  offering incentives to local residents and businesses to
 1046  implement Florida-friendly Xeriscape landscaping.
 1047         (3)(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 17. Section 166.048, Florida Statutes, is amended
 1063  to read:
 1064         166.048 Conservation of water; Florida-friendly landscaping
 1065  Xeriscape.—
 1066         (1)(a) The Legislature finds that Florida-friendly
 1067  landscaping Xeriscape contributes to the conservation,
 1068  protection, and restoration of water. In an effort to meet the
 1069  water needs of this state in a manner that will supply adequate
 1070  and dependable supplies of water where needed, it is the intent
 1071  of the Legislature that Florida-friendly landscaping Xeriscape
 1072  be an essential part of water conservation and water quality
 1073  protection and restoration planning.
 1074         (b) As used in this section, “Xeriscape” or “Florida
 1075  friendly landscaping” has the same meaning as in s. 373.185
 1076  landscape” means quality landscapes that conserve water and
 1077  protect the environment and are adaptable to local conditions
 1078  and which are drought tolerant. The principles of Xeriscape
 1079  include planning and design, appropriate choice of plants, soil
 1080  analysis which may include the use of solid waste compost,
 1081  practical use of turf, efficient irrigation, appropriate use of
 1082  mulches, and proper maintenance.
 1083         (2) The governing body of each municipality shall consider
 1084  enacting ordinances, consistent with s. 373.185, requiring the
 1085  use of Florida-friendly landscaping Xeriscape as a water
 1086  conservation or water quality protection or restoration measure.
 1087  If the governing body determines that such landscaping Xeriscape
 1088  would be of significant benefit as a water conservation or water
 1089  quality protection or restoration measure, especially for waters
 1090  designated as impaired pursuant to s. 403.067, relative to the
 1091  cost to implement Florida-friendly Xeriscape landscaping in its
 1092  area of jurisdiction in the municipality, the governing body
 1093  board shall enact a Florida-friendly landscaping Xeriscape
 1094  ordinance. Further, the governing body shall consider promoting
 1095  Florida-friendly landscaping Xeriscape as a water conservation
 1096  or water quality protection or restoration measure by: using
 1097  such landscaping Xeriscape in any, around, or near facilities,
 1098  parks, and other common areas under its jurisdiction which are
 1099  landscaped after the effective date of this act; providing
 1100  public education on Florida-friendly landscaping Xeriscape, its
 1101  uses in increasing as a water conservation and water quality
 1102  protection or restoration tool, and its long-term cost
 1103  effectiveness; and offering incentives to local residents and
 1104  businesses to implement Florida-friendly Xeriscape landscaping.
 1105         (3)(a)The Legislature finds that the use of Florida
 1106  friendly landscaping and other water use and pollution
 1107  prevention measures to conserve or protect the state’s water
 1108  resources serves a compelling public interest and that the
 1109  participation of homeowners’ associations and local governments
 1110  is essential to the state’s efforts in water conservation and
 1111  water quality protection and restoration.
 1112         (b) A deed restriction, or covenant entered after October
 1113  1, 2001, or local government ordinance may not prohibit or be
 1114  enforced so as to prohibit any property owner from implementing
 1115  Xeriscape or Florida-friendly landscaping landscape on his or
 1116  her land or create any requirement or limitation in conflict
 1117  with any provision of part II of chapter 373 or a water shortage
 1118  order, other order, consumptive use permit, or rule adopted or
 1119  issued pursuant to part II of chapter 373.
 1120         Section 18. Section 255.259, Florida Statutes, is amended
 1121  to read:
 1122         255.259 Florida-friendly Xeriscape landscaping on public
 1123  property.—
 1124         (1) The Legislature finds that water conservation and water
 1125  quality protection and restoration are is increasingly critical
 1126  to the continuance of an adequate water supply and healthy
 1127  surface waters and groundwaters for the citizens of this state.
 1128  The Legislature further finds that “Florida-friendly landscaping
 1129  Xeriscape,” as defined in s. 373.185, can contribute
 1130  significantly to water the conservation and of water quality
 1131  protection and restoration. Finally, the Legislature finds that
 1132  state government has the responsibility to promote Florida
 1133  friendly landscaping Xeriscape as a water conservation and water
 1134  quality protection and restoration measure by using such
 1135  landscaping Xeriscape on public property associated with
 1136  publicly owned buildings or facilities.
 1137         (2) As used in this section, “publicly owned buildings or
 1138  facilities” means those construction projects under the purview
 1139  of the Department of Management Services. The term It does not
 1140  include environmentally endangered land or roads and highway
 1141  construction under the purview of the Department of
 1142  Transportation.
 1143         (3) The Department of Management Services, in consultation
 1144  with the Department of Environmental Protection, shall adopt
 1145  rules and guidelines for the required use of Florida-friendly
 1146  landscaping Xeriscape on public property associated with
 1147  publicly owned buildings or facilities constructed after June
 1148  30, 2009 1992. The Department of Management Services also shall
 1149  also develop a 5-year program for phasing in the use of Florida
 1150  friendly landscaping Xeriscape on public property associated
 1151  with publicly owned buildings or facilities constructed before
 1152  July 1, 2009 1992. In accomplishing these tasks, the Department
 1153  of Management Services shall take into account the standards
 1154  provided in guidelines set out in s. 373.185(2)(a)-(f). The
 1155  Department of Transportation shall implement Florida-friendly
 1156  Xeriscape landscaping pursuant to s. 335.167.
 1157         (4)(a)The Legislature finds that the use of Florida
 1158  friendly landscaping and other water use and pollution
 1159  prevention measures to conserve or protect the state’s water
 1160  resources serves a compelling public interest and that the
 1161  participation of homeowners’ associations and local governments
 1162  is essential to the state’s efforts in water conservation and
 1163  water quality protection and restoration.
 1164         (b) A deed restriction, or covenant entered after October
 1165  1, 2001, or local government ordinance may not prohibit or be
 1166  enforced so as to prohibit any property owner from implementing
 1167  Xeriscape or Florida-friendly landscaping landscape on his or
 1168  her land or create any requirement or limitation in conflict
 1169  with any provision of part II of chapter 373 or a water shortage
 1170  order, other order, consumptive use permit, or rule adopted or
 1171  issued pursuant to part II of chapter 373.
 1172         Section 19. Section 335.167, Florida Statutes, is amended
 1173  to read:
 1174         335.167 State highway construction and maintenance;
 1175  Xeriscape or Florida-friendly landscaping.—
 1176         (1) The department shall use and require the use of
 1177  Florida-friendly landscaping Xeriscape practices, as defined in
 1178  s. 373.185(1), in the construction and maintenance of all new
 1179  state highways, wayside parks, access roads, welcome stations,
 1180  and other state highway rights-of-way constructed upon or
 1181  acquired after June 30, 2009 1992. The department shall develop
 1182  a 5-year program for phasing in the use of Florida-friendly
 1183  landscaping Xeriscape, including the use of solid waste compost,
 1184  in state highway rights-of-way constructed upon or acquired
 1185  before July 1, 2009 1992. In accomplishing these tasks, the
 1186  department shall employ the standards guidelines set out in s.
 1187  373.185(2)(a)-(f).
 1188         (2)(a)The Legislature finds that the use of Florida
 1189  friendly landscaping and other water use and pollution
 1190  prevention measures to conserve or protect the state’s water
 1191  resources serves a compelling public interest and that the
 1192  participation of homeowners’ associations and local governments
 1193  is essential to the state’s efforts in water conservation and
 1194  water quality protection and restoration.
 1195         (b) A deed restriction, or covenant entered after October
 1196  1, 2001, or local government ordinance may not prohibit or be
 1197  enforced so as to prohibit any property owner from implementing
 1198  Xeriscape or Florida-friendly landscaping landscape on his or
 1199  her land or create any requirement or limitation in conflict
 1200  with any provision of part II of chapter 373 or a water shortage
 1201  order, other order, consumptive use permit, or rule adopted or
 1202  issued pursuant to part II of chapter 373.
 1203         Section 20. Paragraph (a) of subsection (3) of section
 1204  380.061, Florida Statutes, is amended to read:
 1205         380.061 The Florida Quality Developments program.—
 1206         (3)(a) To be eligible for designation under this program,
 1207  the developer shall comply with each of the following
 1208  requirements if which is applicable to the site of a qualified
 1209  development:
 1210         1. Donate or enter Have donated or entered into a binding
 1211  commitment to donate the fee or a lesser interest sufficient to
 1212  protect, in perpetuity, the natural attributes of the types of
 1213  land listed below. In lieu of this the above requirement, the
 1214  developer may enter into a binding commitment that which runs
 1215  with the land to set aside such areas on the property, in
 1216  perpetuity, as open space to be retained in a natural condition
 1217  or as otherwise permitted under this subparagraph. Under the
 1218  requirements of this subparagraph, the developer may reserve the
 1219  right to use such areas for the purpose of passive recreation
 1220  that is consistent with the purposes for which the land was
 1221  preserved.
 1222         a. Those wetlands and water bodies throughout the state
 1223  which as would be delineated if the provisions of s.
 1224  373.4145(1)(b) were applied. The developer may use such areas
 1225  for the purpose of site access, provided other routes of access
 1226  are unavailable or impracticable; may use such areas for the
 1227  purpose of stormwater or domestic sewage management and other
 1228  necessary utilities if to the extent that such uses are
 1229  permitted pursuant to chapter 403; or may redesign or alter
 1230  wetlands and water bodies within the jurisdiction of the
 1231  Department of Environmental Protection which have been
 1232  artificially created, if the redesign or alteration is done so
 1233  as to produce a more naturally functioning system.
 1234         b. Active beach or primary and, where appropriate,
 1235  secondary dunes, to maintain the integrity of the dune system
 1236  and adequate public accessways to the beach. However, the
 1237  developer may retain the right to construct and maintain
 1238  elevated walkways over the dunes to provide access to the beach.
 1239         c. Known archaeological sites determined to be of
 1240  significance by the Division of Historical Resources of the
 1241  Department of State.
 1242         d. Areas known to be important to animal species designated
 1243  as endangered or threatened animal species by the United States
 1244  Fish and Wildlife Service or by the Fish and Wildlife
 1245  Conservation Commission, for reproduction, feeding, or nesting;
 1246  for traveling between such areas used for reproduction, feeding,
 1247  or nesting; or for escape from predation.
 1248         e. Areas known to contain plant species designated as
 1249  endangered plant species by the Department of Agriculture and
 1250  Consumer Services.
 1251         2. Produce, or dispose of, no substances designated as
 1252  hazardous or toxic substances by the United States Environmental
 1253  Protection Agency, or by the Department of Environmental
 1254  Protection, or the Department of Agriculture and Consumer
 1255  Services. This subparagraph does is not intended to apply to the
 1256  production of these substances in nonsignificant amounts as
 1257  would occur through household use or incidental use by
 1258  businesses.
 1259         3. Participate in a downtown reuse or redevelopment program
 1260  to improve and rehabilitate a declining downtown area.
 1261         4. Incorporate no dredge and fill activities in, and no
 1262  stormwater discharge into, waters designated as Class II,
 1263  aquatic preserves, or Outstanding Florida Waters, except as
 1264  activities in those waters are permitted pursuant to s.
 1265  403.813(2), and the developer demonstrates that those activities
 1266  meet the standards under Class II waters, Outstanding Florida
 1267  Waters, or aquatic preserves, as applicable.
 1268         5. Include open space, recreation areas, Florida-friendly
 1269  landscaping Xeriscape as defined in s. 373.185, and energy
 1270  conservation and minimize impermeable surfaces as appropriate to
 1271  the location and type of project.
 1272         6. Provide for construction and maintenance of all onsite
 1273  infrastructure necessary to support the project and enter into a
 1274  binding commitment with local government to provide an
 1275  appropriate fair-share contribution toward the offsite impacts
 1276  that which the development will impose on publicly funded
 1277  facilities and services, except offsite transportation, and
 1278  condition or phase the commencement of development to ensure
 1279  that public facilities and services, except offsite
 1280  transportation, are will be available concurrent with the
 1281  impacts of the development. For the purposes of offsite
 1282  transportation impacts, the developer shall comply, at a
 1283  minimum, with the standards of the state land planning agency’s
 1284  development-of-regional-impact transportation rule, the approved
 1285  strategic regional policy plan, any applicable regional planning
 1286  council transportation rule, and the approved local government
 1287  comprehensive plan and land development regulations adopted
 1288  pursuant to part II of chapter 163.
 1289         7. Design and construct the development in a manner that is
 1290  consistent with the adopted state plan, the applicable strategic
 1291  regional policy plan, and the applicable adopted local
 1292  government comprehensive plan.
 1293         Section 21. Subsection (3) of section 388.291, Florida
 1294  Statutes, is amended to read:
 1295         388.291 Source reduction measures; supervision by
 1296  department.—
 1297         (3) Property owners in a developed residential area shall
 1298  are required to maintain their property in such a manner that
 1299  does so as not to create or maintain any standing freshwater
 1300  condition capable of breeding mosquitoes or other arthropods in
 1301  significant numbers so as to constitute a public health,
 1302  welfare, or nuisance problem. Nothing in This subsection does
 1303  not authorize shall permit the alteration of permitted
 1304  stormwater management systems or prohibit maintained fish ponds,
 1305  Florida-friendly landscaping xeriscaping, or other maintained
 1306  systems of landscaping or vegetation. If such a condition is
 1307  found to exist, the local arthropod control agency shall serve
 1308  notice on the property owner to treat, remove, or abate the
 1309  condition. Such notice is shall serve as prima facie evidence of
 1310  maintaining a nuisance, and upon failure of the property owner
 1311  to treat, remove, or abate the condition, the local arthropod
 1312  control agency or any affected citizen may proceed pursuant to
 1313  s. 60.05 to enjoin the nuisance and may recover costs and
 1314  attorney’s fees if they prevail in the action.
 1315         Section 22. Subsection (6) of section 481.303, Florida
 1316  Statutes, is amended to read:
 1317         481.303 Definitions.—As used in this chapter:
 1318         (6) “Landscape architecture” means professional services,
 1319  including, but not limited to, the following:
 1320         (a) Consultation, investigation, research, planning,
 1321  design, preparation of drawings, specifications, contract
 1322  documents and reports, responsible construction supervision, or
 1323  landscape management in connection with the planning and
 1324  development of land and incidental water areas, including the
 1325  use of Florida-friendly landscaping Xeriscape as defined in s.
 1326  373.185, where, and to the extent that, the dominant purpose of
 1327  such services or creative works is the preservation,
 1328  conservation, enhancement, or determination of proper land uses,
 1329  natural land features, ground cover and plantings, or
 1330  naturalistic and aesthetic values;
 1331         (b) The determination of settings, grounds, and approaches
 1332  for and the siting of buildings and structures, outdoor areas,
 1333  or other improvements;
 1334         (c) The setting of grades, shaping and contouring of land
 1335  and water forms, determination of drainage, and provision for
 1336  storm drainage and irrigation systems where such systems are
 1337  necessary to the purposes outlined herein; and
 1338         (d) The design of such tangible objects and features as are
 1339  necessary to the purpose outlined herein.
 1340         Section 23. Subsection (4) of section 720.3075, Florida
 1341  Statutes, is amended to read:
 1342         720.3075 Prohibited clauses in association documents.—
 1343         (4)(a)The Legislature finds that the use of Florida
 1344  friendly landscaping and other water use and pollution
 1345  prevention measures to conserve or protect the state’s water
 1346  resources serves a compelling public interest and that the
 1347  participation of homeowners’ associations and local governments
 1348  is essential to the state’s efforts in water conservation and
 1349  water quality protection and restoration.
 1350         (b) Homeowners’ association documents, including
 1351  declarations of covenants, articles of incorporation, or bylaws,
 1352  entered after October 1, 2001, may not prohibit or be enforced
 1353  so as to prohibit any property owner from implementing Xeriscape
 1354  or Florida-friendly landscaping landscape, as defined in s.
 1355  373.185(1), on his or her land or create any requirement or
 1356  limitation in conflict with any provision of part II of chapter
 1357  373 or a water shortage order, other order, consumptive use
 1358  permit, or rule adopted or issued pursuant to part II of chapter
 1359  373.
 1360         Section 24. (1)A task force is established to develop
 1361  legislative recommendations relating to stormwater management
 1362  system design in the state. The task force shall:
 1363         (a)Review the Joint Professional Engineers and Landscape
 1364  Architecture Committee Report conducted pursuant to s. 17,
 1365  chapter 88-347, Laws of Florida, and determine the current
 1366  validity of the report and the need to revise any of the
 1367  conclusions or recommendations.
 1368         (b)Determine how a licensed and registered professional
 1369  might demonstrate competency for stormwater management system
 1370  design.
 1371         (c)Determine how the Board of Professional Engineers and
 1372  the Board of Landscape Architecture might administer
 1373  certification tests or continuing education requirements for
 1374  stormwater management system design.
 1375         (d)Provide recommendations for grandfathering the rights
 1376  of licensed professionals who currently practice stormwater
 1377  management design in a manner that will allow them to continue
 1378  to practice without meeting any new requirements the task force
 1379  recommends be placed on licensed professionals in the future.
 1380         (2)(a)The Board of Landscape Architecture, the Board of
 1381  Professional Engineers, the Florida Engineering Society, the
 1382  Florida Chapter of the American Society of Landscape Architects,
 1383  the Secretary of Environmental Protection, and the Secretary of
 1384  Transportation shall each appoint one member to the task force.
 1385         (b)Members of the task force may not be reimbursed for
 1386  travel, per diem, or any other costs associated with serving on
 1387  the task force.
 1388         (c)The task force shall meet a minimum of four times
 1389  either in person or via teleconference; however, a minimum of
 1390  two meetings shall be public hearings with testimony.
 1391         (d)The task force shall expire on November 1, 2009.
 1392         (3)The task force shall provide its findings and
 1393  legislative recommendations to the President of the Senate and
 1394  the Speaker of the House of Representatives by November 1, 2009.
 1395         Section 25. Except as otherwise expressly provided in this
 1396  act, this act shall take effect July 1, 2009.