Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1576
Senate . House
Comm: RCS .
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (1) of section
6 201.15, Florida Statutes, is amended to read:
7 201.15 Distribution of taxes collected.—All taxes collected
8 under this chapter are subject to the service charge imposed in
9 s. 215.20(1). Prior to distribution under this section, the
10 Department of Revenue shall deduct amounts necessary to pay the
11 costs of the collection and enforcement of the tax levied by
12 this chapter. Such costs and the service charge may not be
13 levied against any portion of taxes pledged to debt service on
14 bonds to the extent that the costs and service charge are
15 required to pay any amounts relating to the bonds. After
16 distributions are made pursuant to subsection (1), all of the
17 costs of the collection and enforcement of the tax levied by
18 this chapter and the service charge shall be available and
19 transferred to the extent necessary to pay debt service and any
20 other amounts payable with respect to bonds authorized before
21 January 1, 2013, secured by revenues distributed pursuant to
22 subsection (1). All taxes remaining after deduction of costs and
23 the service charge shall be distributed as follows:
24 (1) Sixty-three and thirty-one hundredths percent of the
25 remaining taxes shall be used for the following purposes:
26 (c) After the required payments under paragraphs (a) and
27 (b), the remainder shall be paid into the State Treasury to the
28 credit of:
29 1. The State Transportation Trust Fund in the Department of
30 Transportation in the amount of the lesser of 38.2 percent of
31 the remainder or $541.75 million in each fiscal year. Out of
32 such funds, the first $50 million for the 2012-2013 fiscal year;
33 $65 million for the 2013-2014 fiscal year; and $75 million for
34 the 2014-2015 fiscal year and all subsequent years, shall be
35 transferred to the State Economic Enhancement and Development
36 Trust Fund within the Department of Economic Opportunity. The
37 remainder shall
is to be used for the following specified
38 purposes, notwithstanding any other law to the contrary:
39 a. For the purposes of capital funding for the New Starts
40 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
41 specified in s. 341.051, 10 percent of these funds;
42 b. For the purposes of the Small County Outreach Program
43 specified in s. 339.2818, 5 percent of these funds. Effective
44 July 1, 2014, the percentage allocated under this sub
45 subparagraph shall be increased to 10 percent;
46 c. For the purposes of the Strategic Intermodal System
47 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
48 of these funds after allocating for the New Starts Transit
49 Program described in sub-subparagraph a. and the Small County
50 Outreach Program described in sub-subparagraph b.; and
51 d. For the purposes of the Transportation Regional
52 Incentive Program specified in s. 339.2819, 25 percent of these
53 funds after allocating for the New Starts Transit Program
54 described in sub-subparagraph a. and the Small County Outreach
55 Program described in sub-subparagraph b. Effective July 1, 2014,
56 the first $60 million of the funds allocated pursuant to this
57 sub-subparagraph shall be allocated annually to the Florida Rail
58 Enterprise for the purposes established in s. 341.303(5).
59 2. The Grants and Donations Trust Fund in the Department of
60 Economic Opportunity in the amount of the lesser of 0.23 .23
61 percent of the remainder or $3.25 million in each fiscal year to
62 fund technical assistance to local governments.
63 3. The Ecosystem Management and Restoration Trust Fund in
64 the amount of:
65 a. The lesser of 2.12 percent of the remainder or $30
66 million in each fiscal year , to be used for the preservation and
67 repair of the state’s beaches as provided in ss. 161.091
68 161.212; and
69 b. Thirty-six and nine-tenths percent of the remainder in
70 each fiscal year to be used for restoration and protection of
71 Outstanding Florida Springs pursuant to part VIII of chapter
72 373, and for the acquisition of lands identified on the most
73 current Board of Trustees Florida Forever Priority List, or by a
74 water management district, which protect the essential parcels
75 of the named spring projects that improve water quality or
76 conserve water use and are located partially or fully within a
77 spring protection and management zone of an Outstanding Florida
79 4. General Inspection Trust Fund in the amount of the
80 lesser of 0.02 .02 percent of the remainder or $300,000 in each
81 fiscal year to be used to fund oyster management and restoration
82 programs as provided in s. 379.362(3).
84 Moneys distributed pursuant to this paragraph may not be pledged
85 for debt service unless such pledge is approved by referendum of
86 the voters.
87 Section 2. Subsection (1) of section 373.042, Florida
88 Statutes, is amended to read:
89 373.042 Minimum flows and levels.—
90 (1) Within each section, or within the water management
91 district as a whole, the department or the governing board shall
92 establish the following:
93 (a) Minimum flow for all surface watercourses in the area.
94 The minimum flow for a given watercourse is shall be the limit
95 at which further withdrawals would be significantly harmful to
96 the water resources or ecology of the area.
97 (b) Minimum water level. The minimum water level is shall
98 be the level of groundwater in an aquifer and the level of
99 surface water at which further withdrawals would be
100 significantly harmful to the water resources of the area.
101 (c) Minimum flow and minimum water level for an Outstanding
102 Florida Spring, as defined in s. 373.802. The minimum flow and
103 minimum water level are the limit and level, respectively, at
104 which further withdrawals would be harmful to the water
105 resources or ecology of the area.
107 The minimum flow and minimum water level shall be calculated by
108 the department and the governing board using the best
109 information available. When appropriate, minimum flows and
110 minimum water levels may be calculated to reflect seasonal
111 variations. The department and the governing board shall also
112 consider, and at their discretion may provide for, the
113 protection of nonconsumptive uses in the establishment of
114 minimum flows and minimum water levels.
115 Section 3. Paragraph (a) of subsection (1) of section
116 373.0421, Florida Statutes, is amended to read:
117 373.0421 Establishment and implementation of minimum flows
118 and levels.—
119 (1) ESTABLISHMENT.—
120 (a) Considerations.—When establishing minimum flows and
121 minimum water levels pursuant to s. 373.042, the department or
122 governing board shall consider changes and structural
123 alterations to watersheds, surface waters, and aquifers and the
124 effects such changes or alterations have had, and the
125 constraints such changes or alterations have placed, on the
126 hydrology of an affected watershed, surface water, or aquifer,
127 provided that nothing in this paragraph shall allow significant
128 harm as provided by s. 373.042(1)(a) and (b), or harm as
129 provided by s. 373.042(1)(c), caused by withdrawals.
130 Section 4. Part VIII of chapter 373, Florida Statutes,
131 consisting of sections 373.801, 373.802, 373.803, 373.805,
132 373.807, 373.808, 373.809, 373.811, and 373.813, Florida
133 Statutes, is created and entitled the “Florida Springs and
134 Aquifer Protection Act.”
135 Section 5. Section 373.801, Florida Statutes, is created to
137 373.801 Legislative findings and intent.—
138 (1) The Legislature finds that springs are a unique part of
139 this state’s scenic beauty, deserving the highest level of
140 protection under s. 7., Art. II of the State Constitution.
141 Springs provide critical habitat for plants and animals,
142 including many endangered or threatened species. Springs also
143 provide immeasurable natural, recreational, economic, and
144 inherent value. Flow level and water quality of springs are
145 indicators of local conditions of the Floridan Aquifer, which is
146 the source of drinking water for many residents of this state.
147 Springs are of great scientific importance in understanding the
148 diverse functions of aquatic ecosystems. In addition, springs
149 provide recreational opportunities for swimming, canoeing,
150 wildlife watching, fishing, cave diving, and many other
151 activities in this state. Because of such recreational
152 opportunities and the accompanying tourism, state and local
153 economies benefit from many of the springs in this state.
154 (2) Water quantity and water quality in springs are
155 directly related. For regulatory purposes, the department has
156 primary responsibility for water quality; the water management
157 districts have primary responsibility for water quantity; the
158 Department of Agriculture and Consumer Services has primary
159 responsibility for the development and implementation of best
160 management practices; and local governments have primary
161 responsibility for providing wastewater and stormwater
162 management. The foregoing responsible entities must work
163 together in a coordinated manner to restore and maintain the
164 water quantity and water quality for Outstanding Florida
166 (3) The Legislature recognizes that:
167 (a) Springs are only as healthy as their springsheds. The
168 groundwater that supplies springs is derived from water that
169 recharges the aquifer system in the form of seepage from the
170 land surface and through direct conduits such as sinkholes.
171 Springs are adversely affected by polluted runoff from urban and
172 agricultural lands; discharge resulting from inadequate
173 wastewater and stormwater management practices; stormwater
174 runoff; and the reduced water levels of the Floridan Aquifer. As
175 a result, the hydrologic and environmental conditions of a
176 spring or spring run are directly influenced by activities and
177 land uses within a springshed and by water withdrawals from the
178 Floridan Aquifer.
179 (b) Springs, whether found in urban or rural settings, or
180 on public or private lands, are threatened by actual or
181 potential flow reductions and declining water quality. Many of
182 this state’s springs are demonstrating signs of significant
183 ecological imbalance, increased nutrient loading, and declining
184 water flow. Without effective remedial actions, further declines
185 in water quality and water quantity will occur.
186 (c) The state standards regulating both water quality and
187 quantity, including minimum criteria relating to nutrient
188 concentrations in groundwater, need to protect both human health
189 and the complex biological and ecological systems that
190 contribute to the integrity of springs.
191 (d) Springshed boundaries and areas of high vulnerability
192 within a springshed need to be identified and delineated using
193 the best available data.
194 (e) Because springsheds cross water management district and
195 local government jurisdictional boundaries, a coordinated
196 statewide springs protection plan is needed.
197 (f) The aquifers and springs of this state are complex
198 systems affected by many variables and influences.
199 (4) The Legislature recognizes that sufficient information
200 exists to act, action is urgently needed, and action can be
201 continually modified as additional data is acquired. Therefore,
202 state agencies and water management districts shall work
203 together with local governments to delineate springsheds and
204 spring protection and management zones and develop comprehensive
205 plans and land development regulations that protect the springs
206 of this state for future generations.
207 (5) The Legislature intends to establish a spring and
208 aquifer protection program to be administered by the department.
209 Section 6. Section 373.802, Florida Statutes, is created to
211 373.802 Definitions.—As used in this part, the term:
212 (1) “Department” means the Department of Environmental
213 Protection, which includes the Florida Geological Survey or its
214 successor agency or agencies.
215 (2) “Local government” means a county or municipal
216 government the jurisdictional boundaries of which include an
217 Outstanding Florida Spring, or any part of a delineated
218 springshed or spring protection and management zone for an
219 Outstanding Florida Spring.
220 (3) “Onsite sewage treatment and disposal system” means a
221 system that contains a standard subsurface, filled, or mound
222 drainfield system; an aerobic treatment unit; a graywater system
223 tank; a laundry wastewater system tank; a septic tank; a grease
224 interceptor; a pump tank; a solids or effluent pump; a
225 waterless, incinerating, or organic waste-composting toilet; or
226 a sanitary pit privy that is installed or proposed to be
227 installed beyond the building sewer on land of the owner or on
228 other land to which the owner has the legal right to install a
229 system. The term includes any item placed within, or intended to
230 be used as a part of or in conjunction with, the system. The
231 term does not include package sewage treatment facilities and
232 other treatment works regulated under chapter 403.
233 (4) “Outstanding Florida Spring” includes all historic
234 first magnitude springs, as determined by the department using
235 the most recent Florida Geological Survey springs bulletin, and
236 the following springs and their associated spring runs:
237 (a) DeLeon Spring;
238 (b) Peacock Spring;
239 (C) Poe Spring;
240 (d) Rock Springs;
241 (e) Wekiwa Spring; and
242 (f) Gemini Spring.
243 (5) “Responsible management entity” means a legal entity
244 established for the purpose of providing localized nutrient
245 management services with the requisite managerial, financial,
246 and technical capacity to ensure long-term management of onsite
247 sewage treatment and disposal systems and other local nutrient
248 sources at the option of the local government within its
250 (6) “Spring protection and management zone” means the area
251 or areas of a springshed where the Floridan Aquifer is
252 vulnerable to sources of contamination or reduced levels, as
253 determined by the department in consultation with the
254 appropriate water management districts.
255 (7) “Spring run” means a body of flowing water that
256 originates from a spring or whose primary source of water is a
257 spring or springs under average rainfall conditions.
258 (8) “Springshed” means the areas within the groundwater and
259 surface water basins which contribute, based upon all relevant
260 facts, circumstances, and data, to the discharge of a spring as
261 defined by potentiometric surface maps and surface watershed
263 (9) “Spring vent” means a location where groundwater flows
264 out of a natural, discernable opening in the ground onto the
265 land surface or into a predominantly fresh surface waterbody.
266 Section 7. Section 373.803, Florida Statutes, is created to
268 373.803 Delineation of spring protection and management
269 zones for Outstanding Florida Springs.—Using the best data
270 available from the water management districts and other credible
271 sources, the department, in consultation with the water
272 management districts, shall delineate one or more spring
273 protection and management zones for each Outstanding Florida
274 Spring. In delineating spring protection and management zones,
275 the department shall consider groundwater travel time to the
276 spring, hydrogeology, and nutrient load. The delineation of
277 spring protection and management zones must be completed by July
278 1, 2015. In conjunction with delineating a spring protection and
279 management zone for an Outstanding Florida Spring, the
280 department shall adopt by rule, pursuant to ss. 120.536(1) and
281 120.54, maps and legal descriptions that depict the delineated
282 spring protection and management zone or zones for that spring.
283 Section 8. Section 373.805, Florida Statutes, is created to
285 373.805 Minimum flow and minimum water level for
286 Outstanding Florida Springs.—
287 (1) Each water management district shall establish a
288 minimum flow and minimum water level for each Outstanding
289 Florida Spring within its jurisdiction by July 1, 2015, in
290 accordance with ss. 373.042 and 373.0421. The deadline may be
291 extended each year until July 1, 2020, if a water management
292 district provides sufficient evidence to the department that an
293 extension is in the best interest of the public. This subsection
294 does not apply to minimum flows and minimum water levels adopted
295 prior to July 1, 2014, for a spring included in the definition
296 of Outstanding Florida Springs in s. 373.802, until such time as
297 the minimum flow or minimum water level is revised, or otherwise
299 (2) By July 1, 2017, each water management district shall
300 approve a recovery or prevention strategy, as required by ss.
301 373.042 and 373.0421, for each Outstanding Florida Spring in its
302 jurisdiction in which the existing flow or water level of the
303 Outstanding Florida Spring is below, or is projected within the
304 next 20 years to fall below, the applicable minimum flow or
305 minimum water level established pursuant to s. 373.042. The
306 recovery or prevention strategy for each Outstanding Florida
307 Spring must include, at a minimum:
308 (a) A listing of all specific projects identified for
309 implementation of a recovery or prevention strategy.
310 (b) A priority listing of each project.
311 (c) The estimated cost for each listed project.
312 (d) The source and amount of financial assistance to be
313 made available by the water management district for each
314 project, which may not be less than 25 percent of the total
315 project cost unless a specific funding source is identified
316 which will provide more than 75 percent of the total project
317 cost. The Northwest Florida Water Management District and the
318 Suwannee River Water Management District are not required to
319 provide matching funds pursuant to this paragraph.
320 Section 9. Section 373.807, Florida Statutes, is created to
322 373.807 Protection of water quality in Outstanding Florida
323 Springs.—By July 1, 2015, the department shall assess each
324 Outstanding Florida Spring for which an impairment determination
325 has not been made under the numeric nutrient standards in effect
326 for spring vents.
327 (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the
328 department shall develop basin management action plans, as
329 specified in s. 403.067(7), for Outstanding Florida Springs
330 impaired by nutrients.
331 (2)(a) SPRING ACTION PLAN.—By July 1, 2014, the department
332 shall begin preparation of a spring action plan for each
333 Outstanding Florida Spring that has an adopted basin management
334 action plan or an implemented recovery or prevention strategy,
335 or as soon as a basin management action plan is adopted, a
336 recovery or prevention strategy is implemented, or the
337 department projects the Outstanding Florida Spring will be
338 impaired by nutrients within 20 years. Each initial spring
339 action plan shall be adopted within one year of when the
340 department begins preparation of the spring action plan.
341 Further, the spring action plan must be continually updated to
342 reflect newly added and completed projects.
343 (b) A spring action plan must include all of the following:
344 1. All projects in the basin management action plan which
345 are located fully or partially within a spring protection and
346 management zone.
347 2. All projects in the regional water supply plan which are
348 located fully or partially within a spring protection and
349 management zone.
350 3. All projects included in a recovery or prevention
351 strategy which are located fully or partially within a spring
352 protection and management zone.
353 4. All projects proposed by the department that will
354 prevent or stop potential nutrient impairment.
355 5. An estimate of a listed project’s reduction of nutrient
357 6. A map and legal descriptions depicting the spring
358 protection and management zones established pursuant to s.
360 7. Identification of each point source or category of
361 nonpoint sources, including but not limited to, urban
362 fertilizer, turf fertilizer, agricultural fertilizer, onsite
363 sewage treatment and disposal systems, wastewater treatment
364 facilities, animal wastes, and stormwater facilities. An
365 estimated allocation of the pollutant load shall be provided for
366 each point source or category of nonpoint sources.
367 (3) REQUIREMENTS.—
368 (a) Within 6 months of the delineation of a spring
369 protection and management zone or zones of an Outstanding
370 Florida Spring that is fully or partially within the
371 jurisdiction of a local government, a local government must
372 develop, enact, and implement an ordinance that meets or exceeds
373 the requirements of the department’s Model Ordinance for
374 Florida-Friendly Fertilizer Use on Urban Landscapes. Such
375 ordinance must require that, within a spring protection and
376 management zone of an Outstanding Florida Spring impaired by
377 nutrients, the nitrogen content of any fertilizer applied to
378 turf or landscape plants may not exceed the lowest, basic
379 maintenance rate of the most recent recommendations by the
380 Institute of Food and Agricultural Sciences. The department
381 shall adopt rules to implement this paragraph which establish
382 reasonable minimum standards and reflect advancements or
383 improvements regarding nutrient load reductions.
384 (b) By July 1, 2016, the owner or operator of each existing
385 wastewater treatment facility in a spring protection and
386 management zone shall file for approval by the department a plan
387 for complying with this paragraph. Upon a showing to the
388 department of inordinate expense or that a deal is in the best
389 interest of the public, the department may grant a local
390 government or wastewater treatment facility an extension of up
391 to 2 years to implement the plan. The owner and operator shall
392 submit a proposal for funding at least once every 2 years until
393 the plan is fully implemented.
394 (c) By July 1, 2016, the department, in consultation with
395 the Department of Health and local governments, must identify
396 onsite sewage treatment and disposal systems within a spring
397 protection and management zone. Within sixty (60) days of the
398 department’s completion of the identification of these systems,
399 the department shall provide the location of these systems to
400 the local governments in which these systems are located. Within
401 1 year of identification of these systems, and in consultation
402 with the department, the local governments in which they are
403 located shall develop an onsite sewage treatment and disposal
404 system remediation plan. For each onsite sewage treatment and
405 disposal system or group of systems, the plan must include
406 whether the systems require upgrading, connection to a central
407 sewerage system, or no action. The plan must also include a
408 priority ranking for each system or group of systems that
409 require remediation. Each remediation plan must be submitted to
410 the department for approval. In reviewing and approving the
411 remediation plans, the department shall consider, at a minimum:
412 1. The density of the onsite sewage treatment and disposal
414 2. The number of onsite sewage treatment and disposal
416 3. The proximity of the onsite sewage treatment and
417 disposal system or systems to an Outstanding Florida Spring
418 4. The estimated nutrient loading of the onsite sewage
419 treatment and disposal system or systems.
420 5. The cost of the proposed remedial action.
421 (d) Remedial actions required under this paragraph are not
422 required until adequate funding for the specific project is
423 provided pursuant to s. 373.808. As used in this paragraph, the
424 term “adequate funding” means that the department has agreed to
425 provide 100 percent of the funding requested for the project
426 under s. 373.808. The provisions of this paragraph are
427 supplemental to any other specific requirements or authority
428 provided by law.
429 1. The owner or operator of each existing wastewater
430 treatment facility in a spring protection and management zone
431 shall meet a standard of no more than 3 mg/L Total Nitrogen,
432 expressed as N, on an annual permitted basis, unless granted a
433 variance or exemption pursuant to s. 373.813.
434 2. Each agricultural producer in a spring protection and
435 management zone must implement best management practices or
436 other measures necessary to achieve pollution reduction levels
437 established by the department. The Department of Agriculture and
438 Consumers Services, in consultation with the department, shall
439 adopt rules to implement this subparagraph.
440 3. After approval of the onsite sewage treatment and
441 disposal system remediation plan by the department, the local
442 government shall begin implementing the approved remediation
443 plan by making proposals to the department for funding pursuant
444 to s. 373.808. The costs of connection to a central sewerage
445 system or upgrading the onsite sewage treatment and disposal
446 systems are eligible for funding of up to 100 percent of the
447 total project cost. Further, the costs of connection to a
448 central sewerage system or upgrading the onsite sewage treatment
449 and disposal system may not be imposed on the property owner.
450 The local government shall submit a proposal for funding at
451 least every two years until the remediation plan is fully
453 Section 10. Section 373.808, Florida Statutes, is created
454 to read:
455 373.808 Funding for the restoration of Outstanding Florida
457 (1) In order to satisfy the requirements under this part,
458 state agencies, water management districts, local governments,
459 special districts, utilities, and regional management entities,
460 if applicable, shall cooperate with property owners and
461 agricultural producers to submit project proposals to the
462 department in order to receive funding for up to 75 percent of
463 the total project cost. Project submittals for upgrades or
464 connections of onsite sewage treatment and disposal systems, and
465 those submitted by a fiscally constrained county as described in
466 s. 218.67(1) or in a municipality located therein, are eligible
467 for funding of up to 100 percent of the total project cost.
468 (2) Projects approved by the department shall be funded by
469 moneys from documentary stamp tax revenues deposited into the
470 Ecosystem Management and Restoration Trust Fund in accordance
471 with s. 201.15(1)(c)3.b. The Legislature may use other sources
472 of revenue to fund projects submitted to the department pursuant
473 to this part.
474 (3) The department may distribute moneys deposited into the
475 Ecosystem Management and Restoration Trust Fund pursuant to
476 subsection (2) to any person who submits a project proposal
477 application to the department for which funding is approved. The
478 department shall distribute moneys to state agencies and water
479 management districts for all reasonable administrative costs
480 related to implementing this part. In addition, the department
481 may adopt rules to develop grant application procedures to cover
482 reasonable administrative costs of a fiscally constrained county
483 as described in s. 218.67(1) or a municipality located therein.
484 (4) Moneys in the fund not needed in the current fiscal
485 year to meet obligations incurred under this part shall be
486 deposited to the credit of the fund and may be invested in the
487 manner provided by law. Interest received on such investments
488 shall be credited to the Ecosystem Management and Restoration
489 Trust Fund for the purposes specified in s. 201.15(1)(c)3.b.
490 (5) By December 31, 2014, the department shall adopt rules
491 to fund pilot projects that test the effectiveness of innovative
492 or existing nutrient reduction or water conservation
493 technologies or practices designed to minimize nutrient
494 pollution in the springs of this state. The department must
495 approve funding for at least two pilot projects in each project
496 selection cycle if the department determines that the project
497 will not be harmful to the ecological resources in the study
499 (6) By December 31, 2014, the department shall develop and
500 recommend rules to competitively evaluate, select, and rank
501 projects eligible for partial or complete funding under this
502 section. In developing these rules, the department shall give
503 preference to the projects that it estimates will result in the
504 greatest improvement to water quality and water quantity for the
505 dollars to be expended for the project. At a minimum, the
506 department shall consider the following criteria:
507 (a) Whether the project is within a spring protection and
508 management zone of an Outstanding Florida Spring impaired by
510 (b) The level of nutrient impairment of the Outstanding
511 Florida Spring in which the project is located.
512 (c) The quantity of pollutants, particularly total
513 nitrogen, the project is estimated to remove from a spring
514 protection and management zone.
515 (d) Whether the project is within a spring protection and
516 management zone of an Outstanding Florida Spring that is not
517 meeting its adopted minimum flow or minimum water level.
518 (e) The flow necessary to restore the Outstanding Florida
519 Spring to its adopted minimum flow or minimum water level.
520 (f) The anticipated impact the project will have on
521 restoring or increasing water flow or water level.
522 (g) Whether the project facilitates or enhances an existing
523 basin management action plan adopted by the department to
524 address pollutant loadings.
525 (h) Whether the project is identified and prioritized in an
526 adopted regional water supply plan.
527 (i) The percentage by which the amount of matching funds
528 provided by the applicant exceeds the statutory minimum required
529 under s. 373.805 or s. 373.807.
530 (j) For multiple-year projects, whether the project has
531 funding sources that are identified and assured through the
532 expected completion date of the project.
533 (k) The cost of the project and the length of time it will
534 take to complete relative to its expected benefits.
535 (l) Whether the applicant, since July 1, 2009, has used its
536 own funds for projects to improve water quality or conserve
537 water use within a springshed or spring protection and
538 management zone of an Outstanding Florida Spring, with
539 preference given to those applicants that have expended such
541 (7) In addition to the criteria set forth in subsection
542 (6), a project may not be funded by the department under this
543 part unless it is listed on a spring action plan.
544 Section 11. Section 373.809, Florida Statutes, is created
545 to read:
546 373.809 Prohibited activities within a spring protection
547 and management zone of an Outstanding Florida Spring.—The
548 following activities are prohibited within a spring protection
549 and management zone of an Outstanding Florida Spring:
550 (1) New municipal or industrial wastewater disposal
551 systems, including rapid infiltration basins, except those
552 systems that meet an advanced wastewater treatment standard of
553 no more than 3 mg/L Total Nitrogen, expressed as N, on an annual
554 permitted basis, or a higher treatment standard if the
555 department determines the higher standard is necessary to
556 prevent impairment or aid in the recovery of an Outstanding
557 Florida Spring.
558 (2) New onsite sewage treatment and disposal systems on
559 lots less than 1 acre, except for active or passive nitrogen
560 removing onsite sewage treatment and disposal systems approved
561 by the Department of Health. This subsection shall take effect
562 July 1, 2015.
563 (3) New facilities for the disposal of hazardous waste.
564 (4) The land spreading, dumping, or disposal of all
565 domestic wastewater residuals or septage.
566 (5) Concentrated animal feeding operations or intense
567 cattle finishing and slaughter operations. This subsection does
568 not apply to operations permitted by July 1, 2014, or the future
569 expansion of livestock or poultry operations engaged in the
570 occupation of bona fide agriculture as of July 1, 2014.
571 Section 12. Section 373.811, Florida Statutes, is created
572 to read:
573 373.811 Rules.—
574 (1) The department shall adopt rules to create a program to
575 improve water quantity and water quality pursuant to ss.
576 120.536(1) and 120.54 to administer this part, as applicable. In
577 developing rules to administer s. 373.808, the department shall
578 use the Total Maximum Daily Load Water Quality Restoration
579 Grants rule as guidance to develop a comparable program for the
580 restoration and protection of the water quality and water
581 quantity for Outstanding Florida Springs.
582 (2) The Department of Health, the Department of
583 Agriculture and Consumer Services, the water management
584 districts, and responsible management entities may adopt rules
585 pursuant to ss. 120.536(1) and 120.54 to administer this part,
586 as applicable.
587 (3)(a) The Department of Agriculture and Consumer Services
588 is the lead agency coordinating the reduction of agricultural
589 nonpoint sources of pollution for the protection of Outstanding
590 Florida Springs. The Department of Agriculture and Consumer
591 Services and the department, pursuant to s. 403.067(7)(c)4.,
592 shall study new or revised best management practices for
593 improving and protecting Outstanding Florida Springs and, if
594 necessary, in cooperation with applicable local governments and
595 stakeholders, initiate rulemaking to require the implementation
596 of such practices within a reasonable time period.
597 (b) The department, the Department of Agriculture and
598 Consumer Services, and the University of Florida’s Institute of
599 Food and Agricultural Sciences shall cooperate in conducting the
600 necessary research and demonstration projects to develop
601 improved or additional nutrient management tools, including the
602 use of controlled release fertilizer that can be used by
603 agricultural producers as part of an agricultural best
604 management practices program. The development of such tools must
605 reflect a balance between water quality improvement and
606 agricultural productivity and, when applicable, must be
607 incorporated into the revised best management practices adopted
608 by rule of the Department of Agriculture and Consumer Services.
609 Section 13. Section 373.813, Florida Statutes, is created
610 to read:
611 373.813 Variances and exemptions.—A person may apply to the
612 appropriate agency or a water management district for a variance
613 or exemption from any requirement in this part. An agency or a
614 water management district may approve the application upon
615 receiving reasonable assurance that the applicant’s proposed
616 activity, evaluated individually and as part of cumulative
617 impacts, will not cause or contribute to violations of water
618 quality standards, minimum flows, or minimum water levels in an
619 Outstanding Florida Spring.
620 Section 14. Present paragraphs (n) through (q) of
621 subsection (2) of section 381.0065, Florida Statutes, are
622 redesignated as paragraphs (o) through (r), respectively, a new
623 paragraph (n) is added to that subsection, and subsection (7) is
624 added to that section, to read:
625 381.0065 Onsite sewage treatment and disposal systems;
627 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
629 (n) “Responsible management entity” has the same meaning as
630 in s. 373.802.
631 (7) RESPONSIBLE MANAGEMENT ENTITIES.—
632 (a) By March 1, 2015, the department and the Department of
633 Environmental Protection shall submit a report and
634 recommendations to the Governor, the President of the Senate,
635 and the Speaker of the House of Representatives on the creation
636 and operation of responsible management entities within spring
637 protection and management zones of Outstanding Florida Springs,
638 as defined in s. 373.802. The report must focus on the
639 feasibility of different management models to prevent, reduce,
640 and control nutrient pollution from onsite sewage treatment and
641 disposal systems, including the costs associated with each
642 model. In addition, the report must compare the results of the
643 differing management models to a mandatory onsite sewage
644 treatment and disposal system evaluation and assessment program
645 or any other option that would achieve similar nutrient
646 pollution reductions in the short and long term.
647 (b) A local government may not create a responsible
648 management entity without the prior approval of the department,
649 in consultation with the Department of Environmental Protection.
650 In reviewing requests for the creation of a responsible
651 management entity, the local government must demonstrate to the
652 department, in consultation with the Department of Environmental
653 Protection, that it has the management skills, personnel,
654 financial capacity, and technical expertise to properly operate
655 and maintain such an entity.
656 (c) The department shall ensure that responsible management
657 entities adopt rules and policies that are at least as
658 restrictive as state law.
659 Section 15. Section 381.00651, Florida Statutes, is
661 Section 16. Comprehensive study on nutrient reduction
662 improvements and the beneficial use of reclaimed water,
663 stormwater, and excess surface water.—
664 (1) The Department of Agriculture and Consumer Services and
665 the Department of Environmental Protection, in cooperation with
666 the five water management districts, shall conduct a
667 comprehensive study on the expansion of the beneficial use of
668 reclaimed water, stormwater, and excess surface water in this
669 state. The final report of the study must:
670 (a) Describe factors that currently prohibit or otherwise
671 complicate the expansion of the beneficial use of reclaimed
672 water and include recommendations for the mitigation or
673 elimination of such factors.
674 (b) Identify environmental, public health, public
675 perception, engineering, and fiscal issues, and user fee
676 amounts, including utility rate structures for potable and
677 reclaimed water.
678 (c) Identify areas in the state where making reclaimed
679 water available for irrigation or other uses is necessary
680 because the use of traditional water supply sources is
681 constrained by limitations on availability.
682 (d) Evaluate the costs to users of reclaimed water compared
683 to the cost associated with traditional water sources, including
684 an examination of the nutrient concentrations in reclaimed water
685 and the necessity for additional fertilizer supplementation.
686 (e) Evaluate permitting incentives, such as further
687 extending current authorization for long-term consumptive use
688 permits to all entities substituting reclaimed water for
689 traditional water sources or including in such permits a
690 provision that authorizes conversion to traditional water
691 sources if reclaimed water becomes unavailable or cost
693 (f) Describe the basic feasibility, benefit, and cost
694 estimates for the infrastructure needed to construct regional
695 storage features on public or private lands for reclaimed water,
696 stormwater, or excess surface water, including collection and
697 delivery mechanisms for beneficial uses rather than discharge to
698 tide, such as agricultural irrigation, power generation, public
699 water supply, wetland restoration, groundwater recharge, and
700 water body base flow augmentation.
701 (g) Describe any other alternative processes, systems, or
702 technology that may be comparable or preferable to a regional
703 storage system or that may effectively complement or be a
704 substitute for a regional storage system.
705 (h) Evaluate the impact of implementation of a
706 comprehensive reclaimed water plan on traditional water sources
707 and aquifer levels.
708 (2) The Department of Agriculture and Consumer Services and
709 the Department of Environmental Protection shall jointly hold a
710 public meeting to gather input on the design of the
711 comprehensive study and to provide an opportunity for public
712 comment before publishing the final report of the study.
713 (3) The final report shall be submitted to the Governor,
714 the President of the Senate, and the Speaker of the House of
715 Representatives by December 1, 2015.
716 (4) This section expires on December 1, 2015.
717 Section 17. This act shall take effect July 1, 2014.
719 ================= T I T L E A M E N D M E N T ================
720 And the title is amended as follows:
721 Delete everything before the enacting clause
722 and insert:
723 A bill to be entitled
724 An act relating to springs; amending s. 201.15, F.S.;
725 specifying distributions to the Ecosystem Management
726 and Restoration Trust Fund; amending s. 373.042, F.S.;
727 requiring the Department of Environmental Protection
728 or the governing board of a water management district
729 to establish the minimum flow and water level for an
730 Outstanding Florida Spring; specifying minimum flows
731 and water levels for an Outstanding Florida Spring;
732 amending s. 373.0421, F.S.; conforming a cross
733 reference; creating part VIII of chapter 373, F.S.,
734 entitled “Florida Springs and Aquifer Protection Act”;
735 creating s. 373.801, F.S.; providing legislative
736 findings and intent; creating s. 373.802, F.S.;
737 defining terms; creating s. 373.803, F.S.; requiring
738 the Department of Environmental Protection to
739 delineate the spring protection and management zone
740 for each Outstanding Florida Spring; requiring the
741 department to adopt by rule maps that depict the
742 delineation of each spring protection and management
743 zone for each Outstanding Florida Spring; creating s.
744 373.805, F.S.; requiring the water management
745 districts to adopt minimum flows and levels for
746 Outstanding Florida Springs; requiring a water
747 management district to implement a recovery or
748 prevention strategy under certain circumstances;
749 authorizing the water management districts to adopt
750 rules; creating s. 373.807, F.S.; providing procedures
751 for improving water quality in Outstanding Florida
752 Springs; requiring the Department of Environmental
753 Protection to develop a spring action plan; providing
754 requirements; creating s. 373.808, F.S.; providing for
755 funding mechanisms for the restoration of Outstanding
756 Florida Springs; prohibiting a project from being
757 funded under this part unless it is listed on a spring
758 action plan; creating s. 373.809, F.S.; specifying
759 prohibited activities within a spring protection and
760 management zone of an Outstanding Florida Spring;
761 creating s. 373.811, F.S.; providing rulemaking
762 authority; creating s. 373.813, F.S.; providing for
763 variances and exemptions under certain circumstances;
764 amending s. 381.0065, F.S.; defining the term
765 “responsible management entity”; requiring the
766 Department of Health to submit a report to the
767 Governor and the Legislature on responsible management
768 entities; authorizing the establishment of responsible
769 management entities; repealing s. 381.00651, F.S.,
770 relating to periodic evaluation and assessment of
771 onsite sewage treatment and disposal systems;
772 requiring the Department of Agriculture and Consumer
773 Services and the Department of Environmental
774 Protection to conduct a comprehensive study on
775 nutrient reduction improvements and the expansion of
776 the beneficial use of reclaimed water; requiring the
777 departments to jointly hold a public meeting to gather
778 input on the design of the comprehensive study and
779 provide an opportunity for public comment; requiring
780 the final report to be submitted to the Governor and
781 the Legislature by a certain date; providing for
782 future expiration; providing effective dates.