Florida Senate - 2014 CS for CS for CS for SB 1576 By the Committees on Appropriations; Agriculture; and Environmental Preservation and Conservation; and Senators Dean, Montford, Soto, Simmons, Hays, Altman, and Abruzzo 576-04556B-14 20141576c3 1 A bill to be entitled 2 An act relating to springs; amending s. 373.042, F.S.; 3 requiring the Department of Environmental Protection 4 or the governing board of a water management district 5 to establish the minimum flow and water level for an 6 Outstanding Florida Spring; specifying minimum flows 7 and water levels for an Outstanding Florida Spring; 8 amending s. 373.0421, F.S.; conforming a cross 9 reference; creating part VIII of chapter 373, F.S., 10 entitled “Florida Springs and Aquifer Protection Act”; 11 creating s. 373.801, F.S.; providing legislative 12 findings and intent; creating s. 373.802, F.S.; 13 defining terms; creating s. 373.803, F.S.; requiring 14 the Department of Environmental Protection to 15 delineate a spring protection and management zone for 16 each Outstanding Florida Spring; requiring the 17 department to adopt by rule maps that depict the 18 delineation of each spring protection and management 19 zone for each Outstanding Florida Spring; providing a 20 deadline; creating s. 373.805, F.S.; requiring the 21 water management districts to adopt minimum flows and 22 levels for Outstanding Florida Springs; requiring a 23 water management district to implement a recovery or 24 prevention strategy under certain circumstances; 25 providing minimum criteria; providing deadlines; 26 creating s. 373.807, F.S.; requiring assessments for 27 Outstanding Florida Springs; requiring the Department 28 of Environmental Protection to develop basin 29 management action plans, providing minimum criteria, 30 providing deadlines; requiring local governments to 31 adopt an urban fertilizer ordinance; requiring local 32 governments to develop onsite sewage treatment and 33 disposal system remediation plans; creating s. 34 373.809, F.S.; requiring the department to adopt rules 35 to fund pilot projects; providing minimum ranking 36 criteria; creating s. 373.811, F.S.; specifying 37 prohibited activities within a spring protection and 38 management zone of an Outstanding Florida Spring; 39 creating s. 373.813, F.S.; providing rulemaking 40 authority; creating s. 373.815, F.S.; requiring the 41 Department of Environmental Protection to submit 42 annual reports; providing funding in the General 43 Appropriations Act for fiscal year 2014-2015; 44 providing effective dates. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Subsection (1) of section 373.042, Florida 49 Statutes, is amended to read: 50 373.042 Minimum flows and levels.— 51 (1) Within each section, or within the water management 52 district as a whole, the department or the governing board shall 53 establish the following: 54 (a) Minimum flow for all surface watercourses in the area. 55 The minimum flow for a given watercourse is
shall bethe limit 56 at which further withdrawals would be significantly harmful to 57 the water resources or ecology of the area. 58 (b) Minimum water level. The minimum water level is shall59 bethe level of groundwater in an aquifer and the level of 60 surface water at which further withdrawals would be 61 significantly harmful to the water resources of the area. 62 (c) Minimum flow and minimum water level for an Outstanding 63 Florida Spring, as defined in s. 373.802. The minimum flow and 64 minimum water level are the limit and level, respectively, at 65 which further withdrawals would be harmful to the water 66 resources or ecology of the area. 67 68 The minimum flow and minimum water level shall be calculated by 69 the department and the governing board using the best 70 information available. When appropriate, minimum flows and 71 minimum water levels may be calculated to reflect seasonal 72 variations. The department and the governing board shall also73 consider, and at their discretion may provide for, the 74 protection of nonconsumptive uses in the establishment of 75 minimum flows and minimum water levels. 76 Section 2. Paragraph (a) of subsection (1) of section 77 373.0421, Florida Statutes, is amended to read: 78 373.0421 Establishment and implementation of minimum flows 79 and levels.— 80 (1) ESTABLISHMENT.— 81 (a) Considerations.—When establishing minimum flows and 82 minimum water levels pursuant to s. 373.042, the department or 83 governing board shall consider changes and structural 84 alterations to watersheds, surface waters, and aquifers and the 85 effects such changes or alterations have had, and the 86 constraints such changes or alterations have placed, on the 87 hydrology of an affected watershed, surface water, or aquifer, 88 provided that nothing in this paragraph shall allow significant 89 harm as provided by s. 373.042(1)(a) and (b), or harm as 90 provided by s. 373.042(1)(c), caused by withdrawals. 91 Section 3. Part VIII of chapter 373, Florida Statutes, 92 consisting of sections 373.801, 373.802, 373.803, 373.805, 93 373.807, 373.809, 373.811, 373.813, and 373.815, Florida 94 Statutes, is created and entitled the “Florida Springs and 95 Aquifer Protection Act.” 96 Section 4. Section 373.801, Florida Statutes, is created to 97 read: 98 373.801 Legislative findings and intent.— 99 (1) The Legislature finds that springs are a unique part of 100 this state’s scenic beauty. Springs provide critical habitat for 101 plants and animals, including many endangered or threatened 102 species. Springs also provide immeasurable natural, 103 recreational, economic, and inherent value. Flow level and water 104 quality of springs are indicators of local conditions of the 105 Floridan Aquifer, which is the source of drinking water for many 106 residents of this state. Springs are of great scientific 107 importance in understanding the diverse functions of aquatic 108 ecosystems. In addition, springs provide recreational 109 opportunities for swimming, canoeing, wildlife watching, 110 fishing, cave diving, and many other activities in this state. 111 Because of such recreational opportunities and the accompanying 112 tourism, state and local economies benefit from many of the 113 springs in this state. 114 (2) Water quantity and water quality in springs are 115 related. For regulatory purposes, the department has primary 116 responsibility for water quality; the water management districts 117 have primary responsibility for water quantity; the Department 118 of Agriculture and Consumer Services has primary responsibility 119 for the development and implementation of best management 120 practices; and local governments have primary responsibility for 121 providing wastewater and stormwater management. The foregoing 122 responsible entities must work together in a coordinated manner 123 to restore and maintain the water quantity and water quality for 124 Outstanding Florida Springs. 125 (3) The Legislature recognizes that: 126 (a) Springs are only as healthy as their springsheds. The 127 groundwater that supplies springs is derived from water that 128 recharges the aquifer system in the form of seepage from the 129 land surface and through direct conduits such as sinkholes. 130 Springs may be adversely affected by polluted runoff from urban 131 and agricultural lands; discharge resulting from inadequate 132 wastewater and stormwater management practices; stormwater 133 runoff; and the reduced water levels of the Floridan Aquifer. As 134 a result, the hydrologic and environmental conditions of a 135 spring or spring run are directly influenced by activities and 136 land uses within a springshed and by water withdrawals from the 137 Floridan Aquifer. 138 (b) Springs, whether found in urban or rural settings, or 139 on public or private lands, are threatened by actual or 140 potential flow reductions and declining water quality. Many of 141 this state’s springs are demonstrating signs of significant 142 ecological imbalance, increased nutrient loading, and declining 143 water flow. Without effective remedial actions, further declines 144 in water quality and water quantity may occur. 145 (c) Springshed boundaries and areas of high vulnerability 146 within a springshed need to be identified and delineated using 147 the best available data. 148 (d) Because springsheds cross water management district and 149 local government jurisdictional boundaries, a coordinated 150 statewide springs protection plan is needed. 151 (e) The aquifers and springs of this state are complex 152 systems affected by many variables and influences. 153 (4) The Legislature recognizes that sufficient information 154 exists to act, action is urgently needed, and action can be 155 continually modified as additional data is acquired. 156 Section 5. Section 373.802, Florida Statutes, is created to 157 read: 158 373.802 Definitions.—As used in this part, the term: 159 (1) “Department” means the Department of Environmental 160 Protection, which includes the Florida Geological Survey or its 161 successor agency or agencies. 162 (2) “Local government” means a county or municipal 163 government the jurisdictional boundaries of which include an 164 Outstanding Florida Spring, or any part of a delineated 165 springshed or spring protection and management zone for an 166 Outstanding Florida Spring. 167 (3) “Onsite sewage treatment and disposal system” means a 168 system that contains a standard subsurface, filled, or mound 169 drainfield system; an aerobic treatment unit; a graywater system 170 tank; a laundry wastewater system tank; a septic tank; a grease 171 interceptor; a pump tank; a solids or effluent pump; a 172 waterless, incinerating, or organic waste-composting toilet; or 173 a sanitary pit privy that is installed or proposed to be 174 installed beyond the building sewer on land of the owner or on 175 other land to which the owner has the legal right to install a 176 system. The term includes any item placed within, or intended to 177 be used as a part of or in conjunction with, the system. The 178 term does not include package sewage treatment facilities and 179 other treatment works regulated under chapter 403. 180 (4) “Outstanding Florida Spring” includes all historic 181 first magnitude springs, as determined by the department using 182 the most recent Florida Geological Survey springs bulletin, and 183 the following springs, and their associated spring runs: 184 (a) DeLeon Spring; 185 (b) Peacock Spring; 186 (c) Poe Spring; 187 (d) Rock Springs; 188 (e) Wekiwa Spring; and 189 (f) Gemini Spring. 190 (5) “Spring protection and management zone” means the area 191 or areas of a springshed where the Floridan Aquifer is 192 vulnerable to sources of contamination or reduced levels, as 193 determined by the department in consultation with the 194 appropriate water management districts. 195 (6) “Spring run” means a body of flowing water that 196 originates from a spring or whose primary source of water is a 197 spring or springs under average rainfall conditions. 198 (7) “Springshed” means the areas within the groundwater and 199 surface water basins which contribute, based upon all relevant 200 facts, circumstances, and data, to the discharge of a spring as 201 defined by potentiometric surface maps and surface watershed 202 boundaries. 203 (8) “Spring vent” means a location where groundwater flows 204 out of a natural, discernable opening in the ground onto the 205 land surface or into a predominantly fresh surface waterbody. 206 Section 6. Section 373.803, Florida Statutes, is created to 207 read: 208 373.803 Delineation of spring protection and management 209 zones for Outstanding Florida Springs.—Using the best data 210 available from the water management districts and other credible 211 sources, the department, in coordination with the water 212 management districts, shall delineate one or more spring 213 protection and management zones for each Outstanding Florida 214 Spring. In delineating spring protection and management zones, 215 the department shall consider groundwater travel time to the 216 spring, hydrogeology, and nutrient load. The delineation of 217 spring protection and management zones must be completed by July 218 1, 2015. In conjunction with delineating a spring protection and 219 management zone for an Outstanding Florida Spring, the 220 department shall adopt by rule, pursuant to ss. 120.536(1) and 221 120.54, maps and legal descriptions that depict the delineated 222 spring protection and management zone or zones for that spring 223 as soon as practicable but no later than July 1, 2016. 224 Section 7. Section 373.805, Florida Statutes, is created to 225 read: 226 373.805 Minimum flows and minimum water levels for 227 Outstanding Florida Springs.— 228 (1)(a) Each water management district shall establish a 229 minimum flow and minimum water level for each Outstanding 230 Florida Spring within its jurisdiction by July 1, 2015, in 231 accordance with ss. 373.042 and 373.0421. The deadline may be 232 extended each year until July 1, 2022, if a water management 233 district provides sufficient evidence to the department that an 234 extension is in the best interest of the public. 235 (b) If an area contributes or has contributed to the flow 236 of an Outstanding Florida Spring and that area is in more than 237 one water management district or is impacted by withdrawals 238 outside of the water management district where the Outstanding 239 Florida Spring is located, the department, in conjunction with 240 the affected water management districts, shall establish a 241 minimum flow and minimum water level by July 1, 2017, in 242 accordance with ss. 373.042 and 373.0421. 243 (2) At the time a minimum flow or minimum water level is 244 adopted for an Outstanding Florida Spring, if the spring is 245 below or is projected within 20 years to fall below the initial 246 minimum flow or minimum water level, a water management 247 district, pursuant to paragraph (1)(a), or the department, 248 pursuant to paragraph (1)(b), shall simultaneously adopt a 249 recovery or prevention strategy required by s. 373.0421. 250 (3) For an Outstanding Florida Spring, a minimum flow and 251 minimum water level adopted before July 1, 2014, must be revised 252 by July 1, 2017. When a minimum flow or minimum water level is 253 revised, if the spring is below or is projected within 20 years 254 to fall below the revised minimum flow or minimum water level, a 255 water management district, pursuant to paragraph (1)(a), or the 256 department, pursuant to paragraph (1)(b), shall simultaneously 257 adopt a recovery or prevention strategy required by s. 258 373.0421(2) or modify an existing recovery or prevention 259 strategy. A district or the department may adopt the revised 260 minimum flow and minimum water level prior to the adoption of a 261 recovery or prevention strategy if the revised minimum flow and 262 minimum water level is less constraining on existing or 263 projected future consumptive uses. 264 (4) For an Outstanding Florida Spring without an adopted 265 recovery or prevention strategy, when a district or the 266 department determines the spring has fallen below, or is 267 projected within 20 years to fall below the adopted minimum flow 268 or minimum water level, a water management district, pursuant to 269 paragraph (1)(a), or the department, pursuant to paragraph 270 (1)(b), shall expeditiously adopt a recovery or prevention 271 strategy. 272 (5) The recovery or prevention strategy for each 273 Outstanding Florida Spring must include, at a minimum: 274 (a) A listing of all specific projects identified for 275 implementation of a recovery or prevention strategy. 276 (b) A priority listing of each project. 277 (c) The estimated cost for each listed project. 278 (d) For each listed project, the estimated date of 279 completion. 280 (e) The source and amount of financial assistance to be 281 made available by the water management district for each listed 282 project, which may not be less than 25 percent of the total 283 project cost unless a specific funding source or sources are 284 identified which will provide more than 75 percent of the total 285 project cost. The Northwest Florida Water Management District 286 and the Suwannee River Water Management District are not 287 required to provide matching funds pursuant to this paragraph. 288 (f) An estimate of each listed project’s benefit to an 289 Outstanding Florida Spring. 290 (g) A map and legal descriptions depicting the spring 291 protection and management zones established pursuant to s. 292 373.803. 293 (h) An implementation plan to achieve the adopted minimum 294 flow and minimum water level within 15 years after the adoption 295 of a recovery or prevention strategy. The plan must include 296 measureable interim milestones to be achieved within 5 and 10 297 years to achieve the adopted minimum flow and minimum water 298 level. 299 (6) A local government may apply for an extension of up to 300 5 years from the department for any project in an adopted 301 recovery or prevention strategy. The department may grant the 302 extension if the local government provides sufficient evidence 303 to the department that an extension is in the best interest of 304 the public. For a local government in a rural area of critical 305 economic concern, as defined in s. 288.0656, the department may 306 grant an extension of up to 10 years. 307 Section 8. Section 373.807, Florida Statutes, is created to 308 read: 309 373.807 Protection of water quality in Outstanding Florida 310 Springs.—By July 1, 2014, the department shall initiate 311 assessment, pursuant to 403.067(3), of each Outstanding Florida 312 Spring for which an impairment determination has not been made 313 under the numeric nutrient standards in effect for spring vents. 314 Assessments must be completed by July 1, 2017. 315 (1)(a) Simultaneously with the adoption of a nutrient total 316 maximum daily load for an Outstanding Florida Spring, the 317 department, or the department in conjunction with a water 318 management district, shall initiate development of a basin 319 management action plan, as specified in s. 403.067. For an 320 Outstanding Florida Spring with a nutrient total maximum daily 321 load adopted prior to July 1, 2014, the department, or the 322 department in conjunction with a water management district, 323 shall initiate development of a basin management action plan by 324 July 1, 2014. During the development of a basin management 325 action plan, if the department identifies onsite sewage 326 treatment and disposal systems as nonpoint sources of nutrient 327 pollution that need addressing within a local government 328 jurisdiction, the department shall notify the local government 329 within 30 days, which shall develop an onsite sewage treatment 330 and disposal system remediation plan pursuant to subsection (3) 331 for inclusion in the basin management action plan. 332 (b) A basin management action plan for an Outstanding 333 Florida Spring shall be adopted within 3 years after its 334 initiation and must include, at a minimum: 335 1. A list of all specific projects identified to implement 336 a nutrient total maximum daily load. 337 2. A list of all specific projects identified in an onsite 338 sewage treatment and disposal system remediation plan, if 339 applicable. 340 3. A priority rank for each listed project. 341 4. The estimated cost for each listed project. 342 5. For each listed project, the estimated date of 343 completion. 344 6. The source and amount of financial assistance to be made 345 available by the department, a water management district, or 346 other entity for each listed project. 347 7. An estimate of each listed project’s nutrient load 348 reduction. 349 8. A map and legal descriptions depicting the spring 350 protection and management zones established pursuant to s. 351 373.803. 352 9. Identification of each point source or category of 353 nonpoint sources, including, but not limited to, urban turf 354 fertilizer, sports turf fertilizer, agricultural fertilizer, 355 onsite sewage treatment and disposal systems, wastewater 356 treatment facilities, animal wastes, and stormwater facilities. 357 An estimated allocation of the pollutant load must be provided 358 for each point source or category of nonpoint sources. 359 10. An implementation plan to achieve the adopted nutrient 360 total maximum daily load within 15 years the adoption of a basin 361 management action plan. The plan must include measureable 362 interim milestones to be achieved within 5 and 10 years to 363 achieve the adopted nutrient total maximum daily load. 364 (c) For a basin management action plan adopted before July 365 1, 2014, that addresses an Outstanding Florida Spring, the 366 department, or the department in conjunction with a water 367 management district, shall revise the plan by July 1, 2017, 368 pursuant to this section. 369 (d) Upon approval of an onsite sewage treatment and 370 disposal system remediation plan, the plan shall be deemed 371 incorporated as part of the appropriate basin management action 372 plan until such time as the basin management action plan is 373 revised pursuant to s. 403.067(7). 374 (e) A local government may apply for an extension of up to 375 5 years from the department for any project in an adopted basin 376 management action plan. The department may grant the extension 377 if the local government provides sufficient evidence to the 378 department that an extension is in the best interest of the 379 public. For a local government in a rural area of critical 380 economic concern, as defined in s. 288.0656, the department may 381 grant an extension of up to 10 years. 382 (2) Within 6 months of the delineation of a spring 383 protection and management zone or zones of an Outstanding 384 Florida Spring that is fully or partially within the 385 jurisdiction of a local government, a local government must 386 develop, enact, and implement an ordinance that meets or exceeds 387 the requirements of the department’s Model Ordinance for 388 Florida-Friendly Fertilizer Use on Urban Landscapes. Such 389 ordinance must require that, within a spring protection and 390 management zone of an Outstanding Florida Spring with an adopted 391 nutrient total maximum daily load, the nitrogen application rate 392 of any fertilizer applied to turf or landscape plants may not 393 exceed the lowest, basic maintenance rate of the most recent 394 recommendations by the Institute of Food and Agricultural 395 Sciences. The department shall adopt rules to implement this 396 paragraph which establish reasonable minimum standards and 397 reflect advancements or improvements regarding nutrient load 398 reductions. 399 (3) By July 1, 2016, the department, in conjunction with 400 the Department of Health and local governments, must identify 401 onsite sewage treatment and disposal systems within each spring 402 protection and management zone. Within 60 days after the 403 department’s completion of the identification of these systems, 404 the department shall provide the location of these systems to 405 the local governments in which they are located. If notified by 406 the department pursuant to subsection (1), the local government, 407 in consultation with the department, shall develop an onsite 408 sewage treatment and disposal system remediation plan within 12 409 months of notification by the department. For each onsite sewage 410 treatment and disposal system or group of systems, the plan must 411 include whether the systems require upgrading, connection to a 412 central sewerage system, or no action. The plan must also 413 include a priority ranking for each system or group of systems 414 that require remediation. Each remediation plan must be 415 submitted to the department for approval. 416 (a) In reviewing and approving the remediation plans, the 417 department shall consider, at a minimum: 418 1. The density of onsite sewage treatment and disposal 419 systems. 420 2. The number of onsite sewage treatment and disposal 421 systems. 422 3. The proximity of the onsite sewage treatment and 423 disposal system or systems to an Outstanding Florida Spring 424 4. The estimated nutrient loading of the onsite sewage 425 treatment and disposal system or systems. 426 5. The cost of the proposed remedial action. 427 (b) Prior to submitting an onsite sewage treatment and 428 disposal system remediation plan to the department, the local 429 government shall hold at least one public meeting to provide the 430 public an opportunity to comment on the plan. The approval of an 431 onsite sewage treatment and disposal system remediation plan by 432 the department constitutes a final agency action. 433 (c) If a local government does not substantially comply 434 with this subsection, it may be ineligible for funding pursuant 435 to s. 373.809. 436 (4) With respect to implementation of an onsite sewage 437 treatment and disposal system remediation plan, a property owner 438 with an onsite sewage treatment and disposal system identified 439 by the plan may not be required to pay any of the costs of a 440 system inspection or for upgrading a system, or connection fees 441 for connection to a sanitary sewer system. This subsection does 442 not apply to local government programs in existence before July 443 1, 2014, that are inconsistent with this subsection. 444 Section 9. Section 373.809, Florida Statutes, is created to 445 read: 446 373.809 Funding for the restoration and preservation of 447 Outstanding Florida Springs.— 448 (1) By December 31, 2014, the department shall adopt rules 449 to fund pilot projects that test the effectiveness of innovative 450 or existing nutrient reduction or water conservation 451 technologies or practices designed to minimize nutrient 452 pollution in the springs of this state. The department may 453 approve funding for pilot projects each funding cycle if the 454 department determines that the pilot project will not be harmful 455 to the ecological resources in the study area. 456 (2) By December 31, 2014, the department shall adopt rules 457 to evaluate, rank, and select projects eligible for funding 458 under this part or land acquisition pursuant to s. 459 201.15(1)(c)3.b. In developing these rules, the department shall 460 give preference to the projects that will result in the greatest 461 improvement to water quality and water quantity for the dollars 462 to be expended for the project. At a minimum, the department 463 shall consider: 464 (a) The level of nutrient impairment of the Outstanding 465 Florida Spring in which the project is located. 466 (b) The quantity of pollutants, particularly total 467 nitrogen, the project is estimated to remove from an Outstanding 468 Florida Spring with an adopted nutrient total maximum daily 469 load. 470 (c) The flow necessary to restore the Outstanding Florida 471 Spring to its adopted minimum flow or minimum water level. 472 (d) The anticipated impact the project will have on 473 restoring or increasing water flow or water level. 474 (e) The amount of matching funds for the project that will 475 be provided by the entities responsible for implementing the 476 project. 477 (f) Whether the project is located in a rural area of 478 critical economic concern, as defined in s. 288.0656, with 479 preference given to the local government responsible for 480 implementing the project. 481 (g) For multiple-year projects, whether the project has 482 funding sources that are identified and assured through the 483 expected completion date of the project. 484 (h) The cost of the project and the length of time it will 485 take to complete relative to its expected benefits. 486 (i) Whether the entities responsible for implementing the 487 project, since July 1, 2009, have used their own funds for 488 projects to improve water quality or conserve water use within a 489 springshed or spring protection and management zone of an 490 Outstanding Florida Spring, with preference given to those 491 entities that have expended such funds. 492 Section 10. Section 373.811, Florida Statutes, is created 493 to read: 494 373.811 Prohibited activities within a spring protection 495 and management zone of an Outstanding Florida Spring.—The 496 following activities are prohibited within a spring protection 497 and management zone of an Outstanding Florida Spring: 498 (1) New municipal or industrial wastewater disposal 499 facilities, including rapid infiltration basins, with permitted 500 capacities of 100,000 gallons per day or more, except for those 501 facilities that meet an advanced wastewater treatment standard 502 of no more than 3 mg/L Total Nitrogen, expressed as N, on an 503 annual permitted basis, or a higher treatment standard if the 504 department determines the higher standard is necessary to 505 prevent impairment or aid in the recovery of an Outstanding 506 Florida Spring. 507 (2) New onsite sewage treatment and disposal systems on 508 lots less than 1 acre, except for passive nitrogen removing 509 onsite sewage treatment and disposal systems approved by the 510 Department of Health. This subsection does not take effect until 511 6 months after the Department of Health has approved such a 512 system for use. 513 (3) New facilities for the disposal of hazardous waste. 514 (4) The land application of Class A or B domestic 515 wastewater biosolids or septage. 516 (5) New agriculture operations that do not implement best 517 management practices, measures necessary to achieve pollution 518 reduction levels established by the department, or a groundwater 519 monitoring plan approved by a water management district or the 520 department. 521 Section 11. Section 373.813, Florida Statutes, is created 522 to read: 523 373.813 Rules.— 524 (1) The department shall adopt rules to create a program to 525 improve water quantity and water quality pursuant to ss. 526 120.536(1) and 120.54 to administer this part, as applicable. In 527 developing rules to administer s. 373.809, the department shall 528 use the Total Maximum Daily Load Water Quality Restoration 529 Grants rule as guidance to develop a comparable program for the 530 restoration and protection of the water quality and water 531 quantity for Outstanding Florida Springs. 532 (2) The Department of Health, the Department of Agriculture 533 and Consumer Services, and the water management districts may 534 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer 535 this part, as applicable. 536 (3)(a) The Department of Agriculture and Consumer Services 537 is the lead agency coordinating the reduction of agricultural 538 nonpoint sources of pollution for the protection of Outstanding 539 Florida Springs. The Department of Agriculture and Consumer 540 Services and the department, pursuant to s. 403.067(7)(c)4., 541 shall study new or revised best management practices for 542 improving and protecting Outstanding Florida Springs and, if 543 necessary, in cooperation with applicable local governments and 544 stakeholders, initiate rulemaking to require the implementation 545 of such practices within a reasonable time period. 546 (b) The department, the Department of Agriculture and 547 Consumer Services, and the University of Florida’s Institute of 548 Food and Agricultural Sciences shall cooperate in conducting the 549 necessary research and demonstration projects to develop 550 improved or additional nutrient management tools, including the 551 use of controlled release fertilizer that can be used by 552 agricultural producers as part of an agricultural best 553 management practices program. The development of such tools must 554 reflect a balance between water quality improvement and 555 agricultural productivity and, when applicable, must be 556 incorporated into the revised best management practices adopted 557 by rule of the Department of Agriculture and Consumer Services. 558 Section 12. Section 373.815, Florida Statutes, is created 559 to read: 560 373.815 Reports.—By July 1, 2015, and annually thereafter 561 on July 1, the department, in conjunction with the water 562 management districts, shall submit progress reports to the 563 Governor, President of the Senate, and Speaker of the House of 564 Representatives on the status of each total maximum daily load, 565 basin management action plan, minimum flow and minimum water 566 level, and recovery or prevention strategy adopted pursuant to 567 this part. The report must include the status of each project 568 identified to achieve a total maximum daily load and a minimum 569 flow and minimum water level, as applicable. If a report 570 indicates that any of the interim 5 or 10 year milestones, or 571 the 15 year deadline will not be met, the report must include 572 specific corrective actions that will be taken to achieve these 573 milestones and deadlines, and, if necessary, executive and 574 legislative recommendations. 575 Section 13. For the 2014-15 fiscal year, funding for the 576 Florida Springs and Aquifer Protection Act is provided in 577 Specific Appropriations 1645 and 1390 in Senate Bill 2500, House 578 Bill 5001, or similar legislation becoming law. Funding and 579 implementation of this act for subsequent fiscal years shall be 580 determined annually by the Legislature and provided in the 581 General Appropriations Act. 582 Section 14. This act shall take effect July 1, 2014.