Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (413536) for CS for SB 712
       
       
       
       
       
       
                                Ì412518*Î412518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2020           .                                
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       The Committee on Appropriations (Mayfield) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Clean Waterways
    6  Act.”
    7         Section 2. (1)By July 1, 2020, the Department of Health
    8  must provide a report to the Governor, the President of the
    9  Senate, and the Speaker of the House of Representatives
   10  detailing the following information regarding the Onsite Sewage
   11  Program:
   12         (a)The average number of permits issued each year;
   13         (b)The number of department employees conducting work on
   14  or related to the program each year; and
   15         (c)The program’s costs and expenditures, including, but
   16  not limited to, salaries and benefits, equipment costs, and
   17  contracting costs.
   18         (2)By December 31, 2020, the Department of Health and the
   19  Department of Environmental Protection shall submit
   20  recommendations to the Governor, the President of the Senate,
   21  and the Speaker of the House of Representatives regarding the
   22  transfer of the Onsite Sewage Program from the Department of
   23  Health to the Department of Environmental Protection. The
   24  recommendations must address all aspects of the transfer,
   25  including the continued role of the county health departments in
   26  the permitting, inspection, data management, and tracking of
   27  onsite sewage treatment and disposal systems under the direction
   28  of the Department of Environmental Protection.
   29         (3)By June 30, 2021, the Department of Health and the
   30  Department of Environmental Protection shall enter into an
   31  interagency agreement based on the Department of Health report
   32  required under subsection (2) and on recommendations from a plan
   33  that must address all agency cooperation for a period not less
   34  than 5 years after the transfer, including:
   35         (a)The continued role of the county health departments in
   36  the permitting, inspection, data management, and tracking of
   37  onsite sewage treatment and disposal systems under the direction
   38  of the Department of Environmental Protection.
   39         (b)The appropriate proportionate number of administrative,
   40  auditing, inspector general, attorney, and operational support
   41  positions, and their related funding levels and sources and
   42  assigned property, to be transferred from the Office of General
   43  Counsel, the Office of Inspector General, and the Division of
   44  Administrative Services or other relevant offices or divisions
   45  within the Department of Health to the Department of
   46  Environmental Protection.
   47         (c)The development of a recommended plan to address the
   48  transfer or shared use of buildings, regional offices, and other
   49  facilities used or owned by the Department of Health.
   50         (d)Any operating budget adjustments that are necessary to
   51  implement the requirements of this act. Adjustments made to the
   52  operating budgets of the agencies in the implementation of this
   53  act must be made in consultation with the appropriate
   54  substantive and fiscal committees of the Senate and the House of
   55  Representatives. The revisions to the approved operating budgets
   56  for the 2021-2022 fiscal year which are necessary to reflect the
   57  organizational changes made by this act must be implemented
   58  pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
   59  to s. 216.177, Florida Statutes. Subsequent adjustments between
   60  the Department of Health and the Department of Environmental
   61  Protection which are determined necessary by the respective
   62  agencies and approved by the Executive Office of the Governor
   63  are authorized and subject to s. 216.177, Florida Statutes. The
   64  appropriate substantive committees of the Senate and the House
   65  of Representatives must also be notified of the proposed
   66  revisions to ensure their consistency with legislative policy
   67  and intent.
   68         (4)Effective July 1, 2021, all powers, duties, functions,
   69  records, offices, personnel, associated administrative support
   70  positions, property, pending issues, existing contracts,
   71  administrative authority, administrative rules, and unexpended
   72  balances of appropriations, allocations, and other funds for the
   73  regulation of onsite sewage treatment and disposal systems
   74  relating to the Onsite Sewage Program in the Department of
   75  Health are transferred by a type two transfer, as defined in s.
   76  20.06(2), Florida Statutes, to the Department of Environmental
   77  Protection.
   78         (5)Notwithstanding chapter 60L-34, Florida Administrative
   79  Code, or any law to the contrary, employees who are transferred
   80  from the Department of Health to the Department of Environmental
   81  Protection to fill positions transferred by this act retain and
   82  transfer any accrued annual leave, sick leave, and regular and
   83  special compensatory leave balances.
   84         Section 3. Subsection (1) of section 20.255, Florida
   85  Statutes, is amended to read:
   86         20.255 Department of Environmental Protection.—There is
   87  created a Department of Environmental Protection.
   88         (1) The head of the Department of Environmental Protection
   89  shall be a secretary, who shall be appointed by the Governor,
   90  with the concurrence of one member three members of the Cabinet.
   91  The secretary shall be confirmed by the Florida Senate. The
   92  secretary shall serve at the pleasure of the Governor.
   93         Section 4. Paragraphs (a) and (b) of subsection (7) of
   94  section 373.036, Florida Statutes, are amended to read:
   95         373.036 Florida water plan; district water management
   96  plans.—
   97         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
   98         (a) By March 1, annually, each water management district
   99  shall prepare and submit to the Office of Economic and
  100  Demographic Research, the department, the Governor, the
  101  President of the Senate, and the Speaker of the House of
  102  Representatives a consolidated water management district annual
  103  report on the management of water resources. In addition, copies
  104  must be provided by the water management districts to the chairs
  105  of all legislative committees having substantive or fiscal
  106  jurisdiction over the districts and the governing board of each
  107  county in the district having jurisdiction or deriving any funds
  108  for operations of the district. Copies of the consolidated
  109  annual report must be made available to the public, either in
  110  printed or electronic format.
  111         (b) The consolidated annual report shall contain the
  112  following elements, as appropriate to that water management
  113  district:
  114         1. A district water management plan annual report or the
  115  annual work plan report allowed in subparagraph (2)(e)4.
  116         2. The department-approved minimum flows and minimum water
  117  levels annual priority list and schedule required by s.
  118  373.042(3).
  119         3. The annual 5-year capital improvements plan required by
  120  s. 373.536(6)(a)3.
  121         4. The alternative water supplies annual report required by
  122  s. 373.707(8)(n).
  123         5. The final annual 5-year water resource development work
  124  program required by s. 373.536(6)(a)4.
  125         6. The Florida Forever Water Management District Work Plan
  126  annual report required by s. 373.199(7).
  127         7. The mitigation donation annual report required by s.
  128  373.414(1)(b)2.
  129         8. Information on all projects related to water quality or
  130  water quantity as part of a 5-year work program, including:
  131         a. A list of all specific projects identified to implement
  132  a basin management action plan, including any projects to
  133  connect onsite sewage treatment and disposal systems to central
  134  sewerage systems and convert onsite sewage treatment and
  135  disposal systems to enhanced nutrient reducing onsite sewage
  136  treatment and disposal systems, or a recovery or prevention
  137  strategy;
  138         b. A priority ranking for each listed project for which
  139  state funding through the water resources development work
  140  program is requested, which must be made available to the public
  141  for comment at least 30 days before submission of the
  142  consolidated annual report;
  143         c. The estimated cost for each listed project;
  144         d. The estimated completion date for each listed project;
  145         e. The source and amount of financial assistance to be made
  146  available by the department, a water management district, or
  147  other entity for each listed project; and
  148         f. A quantitative estimate of each listed project’s benefit
  149  to the watershed, water body, or water segment in which it is
  150  located.
  151         9. A grade for each watershed, water body, or water segment
  152  in which a project listed under subparagraph 8. is located
  153  representing the level of impairment and violations of adopted
  154  minimum flow or minimum water levels. The grading system must
  155  reflect the severity of the impairment of the watershed, water
  156  body, or water segment.
  157         Section 5. Subsections (7) and (8) are added to section
  158  373.223, Florida Statutes, to read:
  159         373.223 Conditions for a permit.—
  160         (7)A consumptive use permit to use water derived from a
  161  spring for bottled water as defined in s. 500.03 may only be
  162  approved by unanimous vote by the governing board finding that
  163  the applicant meets the criteria in subsection (1). This
  164  subsection shall expire on June 30, 2022.
  165         (8)The Department of Environmental Protection shall, in
  166  coordination with the water management districts, conduct a
  167  study on the bottled water industry in Florida.
  168         (a)The study must do all of the following:
  169         1.Identify all springs statewide that have an associated
  170  consumptive use permit for a bottled water facility producing
  171  its product with water derived from a spring as well as:
  172         a.The magnitude of the spring;
  173         b.Whether the spring has been identified as an Outstanding
  174  Florida Spring as defined in s. 373.802;
  175         c.Any department or water management district adopted
  176  minimum flow or minimum water levels, the status of any adopted
  177  minimum flow or minimum water levels, and any associated
  178  recovery or prevention strategy;
  179         d.The permitted and actual use associated with the
  180  consumptive use permits;
  181         e.The reduction in flow associated with the permitted and
  182  actual use associated with the consumptive use permits;
  183         f.The impact on springs of bottled water facilities as
  184  compared to other users; and
  185         g.Types of water conservation measures employed at bottled
  186  water facilities permitted to derive water from a spring.
  187         2.Identify the labeling and marketing regulations
  188  associated with the identification of bottled water as spring
  189  water, including whether these regulations incentivize the
  190  withdrawal of water from springs.
  191         3.Evaluate the direct and indirect economic benefits to
  192  the local communities resulting from bottled water facilities
  193  that derive water from springs, including but not limited to tax
  194  revenue, job creation and wages.
  195         4.Evaluate the direct and indirect costs to the local
  196  communities located in proximity to springs impacted by
  197  withdrawals from bottled water production, including, but not
  198  limited to, the decreased recreational value of the spring and
  199  the cost to other users for the development of alternative water
  200  supply or reductions in permit durations and allocations.
  201         5.Include a cost-benefit analysis of withdrawing,
  202  producing, marketing, selling, and consuming spring water as
  203  compared to other sources of bottled water.
  204         6.Evaluate how much bottled water derived from Florida
  205  springs is sold in this state.
  206         (b)The department shall submit a report containing the
  207  findings of the study to the Governor, the President of the
  208  Senate, the Speaker of the House of Representatives, and the
  209  Office of Economic and Demographic Research by June 30, 2021.
  210         (c)As used in this section, the term “bottled water” has
  211  the same meaning as in s. 500.03 and the term “water derived
  212  from a spring” means water derived from an underground formation
  213  from which water flows naturally to the surface of the earth in
  214  the manner described in 21 C.F.R. 165.110(a)(2)(vi).
  215         Section 6. Subsection (5) of section 373.4131, Florida
  216  Statutes, is amended, and subsection (6) is added to that
  217  section, to read:
  218         373.4131 Statewide environmental resource permitting
  219  rules.—
  220         (5) To ensure consistent implementation and interpretation
  221  of the rules adopted pursuant to this section, the department
  222  shall conduct or oversee regular assessment and training of its
  223  staff and the staffs of the water management districts and local
  224  governments delegated local pollution control program authority
  225  under s. 373.441. The training must include field inspections of
  226  publicly and privately owned stormwater structural controls,
  227  such as stormwater retention or detention ponds.
  228         (6)By January 1, 2021:
  229         (a)The department and the water management districts shall
  230  initiate rulemaking, including updates to the Environmental
  231  Resource Permit Applicant’s Handbooks, to update the stormwater
  232  design and operation regulations using the most recent
  233  scientific information available. As part of rule development,
  234  the department must consider and address low-impact design best
  235  management practices and design criteria that increase the
  236  removal of nutrients from stormwater discharges, and measures
  237  for consistent application of the net improvement performance
  238  standard to ensure significant reductions of any pollutant
  239  loadings to a waterbody; and
  240         (b)The department shall evaluate inspection data relating
  241  to compliance by those entities that submit a self-certification
  242  under s. 403.814(12) and provide the Legislature with
  243  recommendations for improvements to the self-certification
  244  process.
  245         Section 7. Effective July 1, 2021, present paragraphs (d)
  246  through (q) of subsection (2) of section 381.0065, Florida
  247  Statutes, are redesignated as paragraphs (e) through (r),
  248  respectively, a new paragraph (d) is added to subsection (2),
  249  and subsections (3) and (4) of that section are amended, to
  250  read:
  251         381.0065 Onsite sewage treatment and disposal systems;
  252  regulation.—
  253         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  254  term:
  255         (d) “Department” means the Department of Environmental
  256  Protection.
  257         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  258  department shall:
  259         (a) Adopt rules to administer ss. 381.0065-381.0067,
  260  including definitions that are consistent with the definitions
  261  in this section, decreases to setback requirements where no
  262  health hazard exists, increases for the lot-flow allowance for
  263  performance-based systems, requirements for separation from
  264  water table elevation during the wettest season, requirements
  265  for the design and construction of any component part of an
  266  onsite sewage treatment and disposal system, application and
  267  permit requirements for persons who maintain an onsite sewage
  268  treatment and disposal system, requirements for maintenance and
  269  service agreements for aerobic treatment units and performance
  270  based treatment systems, and recommended standards, including
  271  disclosure requirements, for voluntary system inspections to be
  272  performed by individuals who are authorized by law to perform
  273  such inspections and who shall inform a person having ownership,
  274  control, or use of an onsite sewage treatment and disposal
  275  system of the inspection standards and of that person’s
  276  authority to request an inspection based on all or part of the
  277  standards.
  278         (b) Perform application reviews and site evaluations, issue
  279  permits, and conduct inspections and complaint investigations
  280  associated with the construction, installation, maintenance,
  281  modification, abandonment, operation, use, or repair of an
  282  onsite sewage treatment and disposal system for a residence or
  283  establishment with an estimated domestic sewage flow of 10,000
  284  gallons or less per day, or an estimated commercial sewage flow
  285  of 5,000 gallons or less per day, which is not currently
  286  regulated under chapter 403.
  287         (c) Develop a comprehensive program to ensure that onsite
  288  sewage treatment and disposal systems regulated by the
  289  department are sized, designed, constructed, installed, sited,
  290  repaired, modified, abandoned, used, operated, and maintained in
  291  compliance with this section and rules adopted under this
  292  section to prevent groundwater contamination, including impacts
  293  from nutrient pollution, and surface water contamination and to
  294  preserve the public health. The department is the final
  295  administrative interpretive authority regarding rule
  296  interpretation. In the event of a conflict regarding rule
  297  interpretation, the secretary of the department State Surgeon
  298  General, or his or her designee, shall timely assign a staff
  299  person to resolve the dispute.
  300         (d) Grant variances in hardship cases under the conditions
  301  prescribed in this section and rules adopted under this section.
  302         (e) Permit the use of a limited number of innovative
  303  systems for a specific period of time, when there is compelling
  304  evidence that the system will function properly and reliably to
  305  meet the requirements of this section and rules adopted under
  306  this section.
  307         (f) Issue annual operating permits under this section.
  308         (g) Establish and collect fees as established under s.
  309  381.0066 for services provided with respect to onsite sewage
  310  treatment and disposal systems.
  311         (h) Conduct enforcement activities, including imposing
  312  fines, issuing citations, suspensions, revocations, injunctions,
  313  and emergency orders for violations of this section, part I of
  314  chapter 386, or part III of chapter 489 or for a violation of
  315  any rule adopted under this section, part I of chapter 386, or
  316  part III of chapter 489.
  317         (i) Provide or conduct education and training of department
  318  personnel, service providers, and the public regarding onsite
  319  sewage treatment and disposal systems.
  320         (j) Supervise research on, demonstration of, and training
  321  on the performance, environmental impact, and public health
  322  impact of onsite sewage treatment and disposal systems within
  323  this state. Research fees collected under s. 381.0066(2)(k) must
  324  be used to develop and fund hands-on training centers designed
  325  to provide practical information about onsite sewage treatment
  326  and disposal systems to septic tank contractors, master septic
  327  tank contractors, contractors, inspectors, engineers, and the
  328  public and must also be used to fund research projects which
  329  focus on improvements of onsite sewage treatment and disposal
  330  systems, including use of performance-based standards and
  331  reduction of environmental impact. Research projects shall be
  332  initially approved by the technical review and advisory panel
  333  and shall be applicable to and reflect the soil conditions
  334  specific to Florida. Such projects shall be awarded through
  335  competitive negotiation, using the procedures provided in s.
  336  287.055, to public or private entities that have experience in
  337  onsite sewage treatment and disposal systems in Florida and that
  338  are principally located in Florida. Research projects shall not
  339  be awarded to firms or entities that employ or are associated
  340  with persons who serve on either the technical review and
  341  advisory panel or the research review and advisory committee.
  342         (k) Approve the installation of individual graywater
  343  disposal systems in which blackwater is treated by a central
  344  sewerage system.
  345         (l) Regulate and permit the sanitation, handling,
  346  treatment, storage, reuse, and disposal of byproducts from any
  347  system regulated under this chapter and not regulated by the
  348  Department of Environmental Protection.
  349         (m) Permit and inspect portable or temporary toilet
  350  services and holding tanks. The department shall review
  351  applications, perform site evaluations, and issue permits for
  352  the temporary use of holding tanks, privies, portable toilet
  353  services, or any other toilet facility that is intended for use
  354  on a permanent or nonpermanent basis, including facilities
  355  placed on construction sites when workers are present. The
  356  department may specify standards for the construction,
  357  maintenance, use, and operation of any such facility for
  358  temporary use.
  359         (n) Regulate and permit maintenance entities for
  360  performance-based treatment systems and aerobic treatment unit
  361  systems. To ensure systems are maintained and operated according
  362  to manufacturer’s specifications and designs, the department
  363  shall establish by rule minimum qualifying criteria for
  364  maintenance entities. The criteria shall include: training,
  365  access to approved spare parts and components, access to
  366  manufacturer’s maintenance and operation manuals, and service
  367  response time. The maintenance entity shall employ a contractor
  368  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  369  a state-licensed wastewater plant operator, who is responsible
  370  for maintenance and repair of all systems under contract.
  371         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  372  construct, repair, modify, abandon, or operate an onsite sewage
  373  treatment and disposal system without first obtaining a permit
  374  approved by the department. The department may issue permits to
  375  carry out this section., but shall not make the issuance of such
  376  permits contingent upon prior approval by the Department of
  377  Environmental Protection, except that The issuance of a permit
  378  for work seaward of the coastal construction control line
  379  established under s. 161.053 shall be contingent upon receipt of
  380  any required coastal construction control line permit from the
  381  department of Environmental Protection. A construction permit is
  382  valid for 18 months from the issuance date and may be extended
  383  by the department for one 90-day period under rules adopted by
  384  the department. A repair permit is valid for 90 days from the
  385  date of issuance. An operating permit must be obtained before
  386  prior to the use of any aerobic treatment unit or if the
  387  establishment generates commercial waste. Buildings or
  388  establishments that use an aerobic treatment unit or generate
  389  commercial waste shall be inspected by the department at least
  390  annually to assure compliance with the terms of the operating
  391  permit. The operating permit for a commercial wastewater system
  392  is valid for 1 year from the date of issuance and must be
  393  renewed annually. The operating permit for an aerobic treatment
  394  unit is valid for 2 years from the date of issuance and must be
  395  renewed every 2 years. If all information pertaining to the
  396  siting, location, and installation conditions or repair of an
  397  onsite sewage treatment and disposal system remains the same, a
  398  construction or repair permit for the onsite sewage treatment
  399  and disposal system may be transferred to another person, if the
  400  transferee files, within 60 days after the transfer of
  401  ownership, an amended application providing all corrected
  402  information and proof of ownership of the property. There is no
  403  fee associated with the processing of this supplemental
  404  information. A person may not contract to construct, modify,
  405  alter, repair, service, abandon, or maintain any portion of an
  406  onsite sewage treatment and disposal system without being
  407  registered under part III of chapter 489. A property owner who
  408  personally performs construction, maintenance, or repairs to a
  409  system serving his or her own owner-occupied single-family
  410  residence is exempt from registration requirements for
  411  performing such construction, maintenance, or repairs on that
  412  residence, but is subject to all permitting requirements. A
  413  municipality or political subdivision of the state may not issue
  414  a building or plumbing permit for any building that requires the
  415  use of an onsite sewage treatment and disposal system unless the
  416  owner or builder has received a construction permit for such
  417  system from the department. A building or structure may not be
  418  occupied and a municipality, political subdivision, or any state
  419  or federal agency may not authorize occupancy until the
  420  department approves the final installation of the onsite sewage
  421  treatment and disposal system. A municipality or political
  422  subdivision of the state may not approve any change in occupancy
  423  or tenancy of a building that uses an onsite sewage treatment
  424  and disposal system until the department has reviewed the use of
  425  the system with the proposed change, approved the change, and
  426  amended the operating permit.
  427         (a) Subdivisions and lots in which each lot has a minimum
  428  area of at least one-half acre and either a minimum dimension of
  429  100 feet or a mean of at least 100 feet of the side bordering
  430  the street and the distance formed by a line parallel to the
  431  side bordering the street drawn between the two most distant
  432  points of the remainder of the lot may be developed with a water
  433  system regulated under s. 381.0062 and onsite sewage treatment
  434  and disposal systems, provided the projected daily sewage flow
  435  does not exceed an average of 1,500 gallons per acre per day,
  436  and provided satisfactory drinking water can be obtained and all
  437  distance and setback, soil condition, water table elevation, and
  438  other related requirements of this section and rules adopted
  439  under this section can be met.
  440         (b) Subdivisions and lots using a public water system as
  441  defined in s. 403.852 may use onsite sewage treatment and
  442  disposal systems, provided there are no more than four lots per
  443  acre, provided the projected daily sewage flow does not exceed
  444  an average of 2,500 gallons per acre per day, and provided that
  445  all distance and setback, soil condition, water table elevation,
  446  and other related requirements that are generally applicable to
  447  the use of onsite sewage treatment and disposal systems are met.
  448         (c) Notwithstanding paragraphs (a) and (b), for
  449  subdivisions platted of record on or before October 1, 1991,
  450  when a developer or other appropriate entity has previously made
  451  or makes provisions, including financial assurances or other
  452  commitments, acceptable to the Department of Health, that a
  453  central water system will be installed by a regulated public
  454  utility based on a density formula, private potable wells may be
  455  used with onsite sewage treatment and disposal systems until the
  456  agreed-upon densities are reached. In a subdivision regulated by
  457  this paragraph, the average daily sewage flow may not exceed
  458  2,500 gallons per acre per day. This section does not affect the
  459  validity of existing prior agreements. After October 1, 1991,
  460  the exception provided under this paragraph is not available to
  461  a developer or other appropriate entity.
  462         (d) Paragraphs (a) and (b) do not apply to any proposed
  463  residential subdivision with more than 50 lots or to any
  464  proposed commercial subdivision with more than 5 lots where a
  465  publicly owned or investor-owned sewerage system is available.
  466  It is the intent of this paragraph not to allow development of
  467  additional proposed subdivisions in order to evade the
  468  requirements of this paragraph.
  469         (e)The department shall adopt rules to locate onsite
  470  sewage treatment and disposal systems, including establishing
  471  setback distances, to prevent groundwater contamination and
  472  surface water contamination and to preserve the public health.
  473  The rulemaking process for such rules must be completed by July
  474  1, 2022, and the department shall notify the Division of Law
  475  Revision of the date such rules take effect. The rules must
  476  consider conventional and enhanced nutrient-reducing onsite
  477  sewage treatment and disposal system designs, impaired or
  478  degraded water bodies, domestic wastewater and drinking water
  479  infrastructure, potable water sources, nonpotable wells,
  480  stormwater infrastructure, the onsite sewage treatment and
  481  disposal system remediation plans developed pursuant to s.
  482  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  483  of the onsite sewage treatment and disposal systems technical
  484  advisory committee established pursuant to s. 381.00652.
  485         (f)(e) Onsite sewage treatment and disposal systems that
  486  are permitted before the rules identified in paragraph (e) take
  487  effect may must not be placed closer than:
  488         1. Seventy-five feet from a private potable well.
  489         2. Two hundred feet from a public potable well serving a
  490  residential or nonresidential establishment having a total
  491  sewage flow of greater than 2,000 gallons per day.
  492         3. One hundred feet from a public potable well serving a
  493  residential or nonresidential establishment having a total
  494  sewage flow of less than or equal to 2,000 gallons per day.
  495         4. Fifty feet from any nonpotable well.
  496         5. Ten feet from any storm sewer pipe, to the maximum
  497  extent possible, but in no instance shall the setback be less
  498  than 5 feet.
  499         6. Seventy-five feet from the mean high-water line of a
  500  tidally influenced surface water body.
  501         7. Seventy-five feet from the mean annual flood line of a
  502  permanent nontidal surface water body.
  503         8. Fifteen feet from the design high-water line of
  504  retention areas, detention areas, or swales designed to contain
  505  standing or flowing water for less than 72 hours after a
  506  rainfall or the design high-water level of normally dry drainage
  507  ditches or normally dry individual lot stormwater retention
  508  areas.
  509         (f) Except as provided under paragraphs (e) and (t), no
  510  limitations shall be imposed by rule, relating to the distance
  511  between an onsite disposal system and any area that either
  512  permanently or temporarily has visible surface water.
  513         (g) All provisions of this section and rules adopted under
  514  this section relating to soil condition, water table elevation,
  515  distance, and other setback requirements must be equally applied
  516  to all lots, with the following exceptions:
  517         1. Any residential lot that was platted and recorded on or
  518  after January 1, 1972, or that is part of a residential
  519  subdivision that was approved by the appropriate permitting
  520  agency on or after January 1, 1972, and that was eligible for an
  521  onsite sewage treatment and disposal system construction permit
  522  on the date of such platting and recording or approval shall be
  523  eligible for an onsite sewage treatment and disposal system
  524  construction permit, regardless of when the application for a
  525  permit is made. If rules in effect at the time the permit
  526  application is filed cannot be met, residential lots platted and
  527  recorded or approved on or after January 1, 1972, shall, to the
  528  maximum extent possible, comply with the rules in effect at the
  529  time the permit application is filed. At a minimum, however,
  530  those residential lots platted and recorded or approved on or
  531  after January 1, 1972, but before January 1, 1983, shall comply
  532  with those rules in effect on January 1, 1983, and those
  533  residential lots platted and recorded or approved on or after
  534  January 1, 1983, shall comply with those rules in effect at the
  535  time of such platting and recording or approval. In determining
  536  the maximum extent of compliance with current rules that is
  537  possible, the department shall allow structures and
  538  appurtenances thereto which were authorized at the time such
  539  lots were platted and recorded or approved.
  540         2. Lots platted before 1972 are subject to a 50-foot
  541  minimum surface water setback and are not subject to lot size
  542  requirements. The projected daily flow for onsite sewage
  543  treatment and disposal systems for lots platted before 1972 may
  544  not exceed:
  545         a. Two thousand five hundred gallons per acre per day for
  546  lots served by public water systems as defined in s. 403.852.
  547         b. One thousand five hundred gallons per acre per day for
  548  lots served by water systems regulated under s. 381.0062.
  549         (h)1. The department may grant variances in hardship cases
  550  which may be less restrictive than the provisions specified in
  551  this section. If a variance is granted and the onsite sewage
  552  treatment and disposal system construction permit has been
  553  issued, the variance may be transferred with the system
  554  construction permit, if the transferee files, within 60 days
  555  after the transfer of ownership, an amended construction permit
  556  application providing all corrected information and proof of
  557  ownership of the property and if the same variance would have
  558  been required for the new owner of the property as was
  559  originally granted to the original applicant for the variance.
  560  There is no fee associated with the processing of this
  561  supplemental information. A variance may not be granted under
  562  this section until the department is satisfied that:
  563         a. The hardship was not caused intentionally by the action
  564  of the applicant;
  565         b. No reasonable alternative, taking into consideration
  566  factors such as cost, exists for the treatment of the sewage;
  567  and
  568         c. The discharge from the onsite sewage treatment and
  569  disposal system will not adversely affect the health of the
  570  applicant or the public or significantly degrade the groundwater
  571  or surface waters.
  572  
  573  Where soil conditions, water table elevation, and setback
  574  provisions are determined by the department to be satisfactory,
  575  special consideration must be given to those lots platted before
  576  1972.
  577         2. The department shall appoint and staff a variance review
  578  and advisory committee, which shall meet monthly to recommend
  579  agency action on variance requests. The committee shall make its
  580  recommendations on variance requests at the meeting in which the
  581  application is scheduled for consideration, except for an
  582  extraordinary change in circumstances, the receipt of new
  583  information that raises new issues, or when the applicant
  584  requests an extension. The committee shall consider the criteria
  585  in subparagraph 1. in its recommended agency action on variance
  586  requests and shall also strive to allow property owners the full
  587  use of their land where possible. The committee consists of the
  588  following:
  589         a. The Secretary of Environmental Protection State Surgeon
  590  General or his or her designee.
  591         b. A representative from the county health departments.
  592         c. A representative from the home building industry
  593  recommended by the Florida Home Builders Association.
  594         d. A representative from the septic tank industry
  595  recommended by the Florida Onsite Wastewater Association.
  596         e. A representative from the Department of Health
  597  Environmental Protection.
  598         f. A representative from the real estate industry who is
  599  also a developer in this state who develops lots using onsite
  600  sewage treatment and disposal systems, recommended by the
  601  Florida Association of Realtors.
  602         g. A representative from the engineering profession
  603  recommended by the Florida Engineering Society.
  604  
  605  Members shall be appointed for a term of 3 years, with such
  606  appointments being staggered so that the terms of no more than
  607  two members expire in any one year. Members shall serve without
  608  remuneration, but if requested, shall be reimbursed for per diem
  609  and travel expenses as provided in s. 112.061.
  610         (i) A construction permit may not be issued for an onsite
  611  sewage treatment and disposal system in any area zoned or used
  612  for industrial or manufacturing purposes, or its equivalent,
  613  where a publicly owned or investor-owned sewage treatment system
  614  is available, or where a likelihood exists that the system will
  615  receive toxic, hazardous, or industrial waste. An existing
  616  onsite sewage treatment and disposal system may be repaired if a
  617  publicly owned or investor-owned sewerage system is not
  618  available within 500 feet of the building sewer stub-out and if
  619  system construction and operation standards can be met. This
  620  paragraph does not require publicly owned or investor-owned
  621  sewerage treatment systems to accept anything other than
  622  domestic wastewater.
  623         1. A building located in an area zoned or used for
  624  industrial or manufacturing purposes, or its equivalent, when
  625  such building is served by an onsite sewage treatment and
  626  disposal system, must not be occupied until the owner or tenant
  627  has obtained written approval from the department. The
  628  department may shall not grant approval when the proposed use of
  629  the system is to dispose of toxic, hazardous, or industrial
  630  wastewater or toxic or hazardous chemicals.
  631         2. Each person who owns or operates a business or facility
  632  in an area zoned or used for industrial or manufacturing
  633  purposes, or its equivalent, or who owns or operates a business
  634  that has the potential to generate toxic, hazardous, or
  635  industrial wastewater or toxic or hazardous chemicals, and uses
  636  an onsite sewage treatment and disposal system that is installed
  637  on or after July 5, 1989, must obtain an annual system operating
  638  permit from the department. A person who owns or operates a
  639  business that uses an onsite sewage treatment and disposal
  640  system that was installed and approved before July 5, 1989, need
  641  not obtain a system operating permit. However, upon change of
  642  ownership or tenancy, the new owner or operator must notify the
  643  department of the change, and the new owner or operator must
  644  obtain an annual system operating permit, regardless of the date
  645  that the system was installed or approved.
  646         3. The department shall periodically review and evaluate
  647  the continued use of onsite sewage treatment and disposal
  648  systems in areas zoned or used for industrial or manufacturing
  649  purposes, or its equivalent, and may require the collection and
  650  analyses of samples from within and around such systems. If the
  651  department finds that toxic or hazardous chemicals or toxic,
  652  hazardous, or industrial wastewater have been or are being
  653  disposed of through an onsite sewage treatment and disposal
  654  system, the department shall initiate enforcement actions
  655  against the owner or tenant to ensure adequate cleanup,
  656  treatment, and disposal.
  657         (j) An onsite sewage treatment and disposal system designed
  658  by a professional engineer registered in the state and certified
  659  by such engineer as complying with performance criteria adopted
  660  by the department must be approved by the department subject to
  661  the following:
  662         1. The performance criteria applicable to engineer-designed
  663  systems must be limited to those necessary to ensure that such
  664  systems do not adversely affect the public health or
  665  significantly degrade the groundwater or surface water. Such
  666  performance criteria shall include consideration of the quality
  667  of system effluent, the proposed total sewage flow per acre,
  668  wastewater treatment capabilities of the natural or replaced
  669  soil, water quality classification of the potential surface
  670  water-receiving body, and the structural and maintenance
  671  viability of the system for the treatment of domestic
  672  wastewater. However, performance criteria shall address only the
  673  performance of a system and not a system’s design.
  674         2. A person electing to utilize an engineer-designed system
  675  shall, upon completion of the system design, submit such design,
  676  certified by a registered professional engineer, to the county
  677  health department. The county health department may utilize an
  678  outside consultant to review the engineer-designed system, with
  679  the actual cost of such review to be borne by the applicant.
  680  Within 5 working days after receiving an engineer-designed
  681  system permit application, the county health department shall
  682  request additional information if the application is not
  683  complete. Within 15 working days after receiving a complete
  684  application for an engineer-designed system, the county health
  685  department either shall issue the permit or, if it determines
  686  that the system does not comply with the performance criteria,
  687  shall notify the applicant of that determination and refer the
  688  application to the department for a determination as to whether
  689  the system should be approved, disapproved, or approved with
  690  modification. The department engineer’s determination shall
  691  prevail over the action of the county health department. The
  692  applicant shall be notified in writing of the department’s
  693  determination and of the applicant’s rights to pursue a variance
  694  or seek review under the provisions of chapter 120.
  695         3. The owner of an engineer-designed performance-based
  696  system must maintain a current maintenance service agreement
  697  with a maintenance entity permitted by the department. The
  698  maintenance entity shall inspect each system at least twice each
  699  year and shall report quarterly to the department on the number
  700  of systems inspected and serviced. The reports may be submitted
  701  electronically.
  702         4. The property owner of an owner-occupied, single-family
  703  residence may be approved and permitted by the department as a
  704  maintenance entity for his or her own performance-based
  705  treatment system upon written certification from the system
  706  manufacturer’s approved representative that the property owner
  707  has received training on the proper installation and service of
  708  the system. The maintenance service agreement must conspicuously
  709  disclose that the property owner has the right to maintain his
  710  or her own system and is exempt from contractor registration
  711  requirements for performing construction, maintenance, or
  712  repairs on the system but is subject to all permitting
  713  requirements.
  714         5. The property owner shall obtain a biennial system
  715  operating permit from the department for each system. The
  716  department shall inspect the system at least annually, or on
  717  such periodic basis as the fee collected permits, and may
  718  collect system-effluent samples if appropriate to determine
  719  compliance with the performance criteria. The fee for the
  720  biennial operating permit shall be collected beginning with the
  721  second year of system operation.
  722         6. If an engineer-designed system fails to properly
  723  function or fails to meet performance standards, the system
  724  shall be re-engineered, if necessary, to bring the system into
  725  compliance with the provisions of this section.
  726         (k) An innovative system may be approved in conjunction
  727  with an engineer-designed site-specific system which is
  728  certified by the engineer to meet the performance-based criteria
  729  adopted by the department.
  730         (l) For the Florida Keys, the department shall adopt a
  731  special rule for the construction, installation, modification,
  732  operation, repair, maintenance, and performance of onsite sewage
  733  treatment and disposal systems which considers the unique soil
  734  conditions and water table elevations, densities, and setback
  735  requirements. On lots where a setback distance of 75 feet from
  736  surface waters, saltmarsh, and buttonwood association habitat
  737  areas cannot be met, an injection well, approved and permitted
  738  by the department, may be used for disposal of effluent from
  739  onsite sewage treatment and disposal systems. The following
  740  additional requirements apply to onsite sewage treatment and
  741  disposal systems in Monroe County:
  742         1. The county, each municipality, and those special
  743  districts established for the purpose of the collection,
  744  transmission, treatment, or disposal of sewage shall ensure, in
  745  accordance with the specific schedules adopted by the
  746  Administration Commission under s. 380.0552, the completion of
  747  onsite sewage treatment and disposal system upgrades to meet the
  748  requirements of this paragraph.
  749         2. Onsite sewage treatment and disposal systems must cease
  750  discharge by December 31, 2015, or must comply with department
  751  rules and provide the level of treatment which, on a permitted
  752  annual average basis, produces an effluent that contains no more
  753  than the following concentrations:
  754         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  755         b. Suspended Solids of 10 mg/l.
  756         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  757  reduction in nitrogen of at least 70 percent. A system that has
  758  been tested and certified to reduce nitrogen concentrations by
  759  at least 70 percent shall be deemed to be in compliance with
  760  this standard.
  761         d. Total Phosphorus, expressed as P, of 1 mg/l.
  762  
  763  In addition, onsite sewage treatment and disposal systems
  764  discharging to an injection well must provide basic disinfection
  765  as defined by department rule.
  766         3. In areas not scheduled to be served by a central sewer,
  767  onsite sewage treatment and disposal systems must, by December
  768  31, 2015, comply with department rules and provide the level of
  769  treatment described in subparagraph 2.
  770         4. In areas scheduled to be served by central sewer by
  771  December 31, 2015, if the property owner has paid a connection
  772  fee or assessment for connection to the central sewer system,
  773  the property owner may install a holding tank with a high water
  774  alarm or an onsite sewage treatment and disposal system that
  775  meets the following minimum standards:
  776         a. The existing tanks must be pumped and inspected and
  777  certified as being watertight and free of defects in accordance
  778  with department rule; and
  779         b. A sand-lined drainfield or injection well in accordance
  780  with department rule must be installed.
  781         5. Onsite sewage treatment and disposal systems must be
  782  monitored for total nitrogen and total phosphorus concentrations
  783  as required by department rule.
  784         6. The department shall enforce proper installation,
  785  operation, and maintenance of onsite sewage treatment and
  786  disposal systems pursuant to this chapter, including ensuring
  787  that the appropriate level of treatment described in
  788  subparagraph 2. is met.
  789         7. The authority of a local government, including a special
  790  district, to mandate connection of an onsite sewage treatment
  791  and disposal system is governed by s. 4, chapter 99-395, Laws of
  792  Florida.
  793         8. Notwithstanding any other provision of law, an onsite
  794  sewage treatment and disposal system installed after July 1,
  795  2010, in unincorporated Monroe County, excluding special
  796  wastewater districts, that complies with the standards in
  797  subparagraph 2. is not required to connect to a central sewer
  798  system until December 31, 2020.
  799         (m) No product sold in the state for use in onsite sewage
  800  treatment and disposal systems may contain any substance in
  801  concentrations or amounts that would interfere with or prevent
  802  the successful operation of such system, or that would cause
  803  discharges from such systems to violate applicable water quality
  804  standards. The department shall publish criteria for products
  805  known or expected to meet the conditions of this paragraph. In
  806  the event a product does not meet such criteria, such product
  807  may be sold if the manufacturer satisfactorily demonstrates to
  808  the department that the conditions of this paragraph are met.
  809         (n) Evaluations for determining the seasonal high-water
  810  table elevations or the suitability of soils for the use of a
  811  new onsite sewage treatment and disposal system shall be
  812  performed by department personnel, professional engineers
  813  registered in the state, or such other persons with expertise,
  814  as defined by rule, in making such evaluations. Evaluations for
  815  determining mean annual flood lines shall be performed by those
  816  persons identified in paragraph (2)(k) (2)(j). The department
  817  shall accept evaluations submitted by professional engineers and
  818  such other persons as meet the expertise established by this
  819  section or by rule unless the department has a reasonable
  820  scientific basis for questioning the accuracy or completeness of
  821  the evaluation.
  822         (o) The department shall appoint a research review and
  823  advisory committee, which shall meet at least semiannually. The
  824  committee shall advise the department on directions for new
  825  research, review and rank proposals for research contracts, and
  826  review draft research reports and make comments. The committee
  827  is comprised of:
  828         1. A representative of the State Surgeon General, or his or
  829  her designee.
  830         2. A representative from the septic tank industry.
  831         3. A representative from the home building industry.
  832         4. A representative from an environmental interest group.
  833         5. A representative from the State University System, from
  834  a department knowledgeable about onsite sewage treatment and
  835  disposal systems.
  836         6. A professional engineer registered in this state who has
  837  work experience in onsite sewage treatment and disposal systems.
  838         7. A representative from local government who is
  839  knowledgeable about domestic wastewater treatment.
  840         8. A representative from the real estate profession.
  841         9. A representative from the restaurant industry.
  842         10. A consumer.
  843  
  844  Members shall be appointed for a term of 3 years, with the
  845  appointments being staggered so that the terms of no more than
  846  four members expire in any one year. Members shall serve without
  847  remuneration, but are entitled to reimbursement for per diem and
  848  travel expenses as provided in s. 112.061.
  849         (o)(p) An application for an onsite sewage treatment and
  850  disposal system permit shall be completed in full, signed by the
  851  owner or the owner’s authorized representative, or by a
  852  contractor licensed under chapter 489, and shall be accompanied
  853  by all required exhibits and fees. No specific documentation of
  854  property ownership shall be required as a prerequisite to the
  855  review of an application or the issuance of a permit. The
  856  issuance of a permit does not constitute determination by the
  857  department of property ownership.
  858         (p)(q) The department may not require any form of
  859  subdivision analysis of property by an owner, developer, or
  860  subdivider prior to submission of an application for an onsite
  861  sewage treatment and disposal system.
  862         (q)(r) Nothing in this section limits the power of a
  863  municipality or county to enforce other laws for the protection
  864  of the public health and safety.
  865         (r)(s) In the siting of onsite sewage treatment and
  866  disposal systems, including drainfields, shoulders, and slopes,
  867  guttering may shall not be required on single-family residential
  868  dwelling units for systems located greater than 5 feet from the
  869  roof drip line of the house. If guttering is used on residential
  870  dwelling units, the downspouts shall be directed away from the
  871  drainfield.
  872         (s)(t) Notwithstanding the provisions of subparagraph
  873  (g)1., onsite sewage treatment and disposal systems located in
  874  floodways of the Suwannee and Aucilla Rivers must adhere to the
  875  following requirements:
  876         1. The absorption surface of the drainfield may shall not
  877  be subject to flooding based on 10-year flood elevations.
  878  Provided, however, for lots or parcels created by the
  879  subdivision of land in accordance with applicable local
  880  government regulations prior to January 17, 1990, if an
  881  applicant cannot construct a drainfield system with the
  882  absorption surface of the drainfield at an elevation equal to or
  883  above 10-year flood elevation, the department shall issue a
  884  permit for an onsite sewage treatment and disposal system within
  885  the 10-year floodplain of rivers, streams, and other bodies of
  886  flowing water if all of the following criteria are met:
  887         a. The lot is at least one-half acre in size;
  888         b. The bottom of the drainfield is at least 36 inches above
  889  the 2-year flood elevation; and
  890         c. The applicant installs either: a waterless,
  891  incinerating, or organic waste composting toilet and a graywater
  892  system and drainfield in accordance with department rules; an
  893  aerobic treatment unit and drainfield in accordance with
  894  department rules; a system approved by the State Health Office
  895  that is capable of reducing effluent nitrate by at least 50
  896  percent in accordance with department rules; or a system other
  897  than a system using alternative drainfield materials in
  898  accordance with department rules approved by the county health
  899  department pursuant to department rule other than a system using
  900  alternative drainfield materials. The United States Department
  901  of Agriculture Soil Conservation Service soil maps, State of
  902  Florida Water Management District data, and Federal Emergency
  903  Management Agency Flood Insurance maps are resources that shall
  904  be used to identify flood-prone areas.
  905         2. The use of fill or mounding to elevate a drainfield
  906  system out of the 10-year floodplain of rivers, streams, or
  907  other bodies of flowing water may shall not be permitted if such
  908  a system lies within a regulatory floodway of the Suwannee and
  909  Aucilla Rivers. In cases where the 10-year flood elevation does
  910  not coincide with the boundaries of the regulatory floodway, the
  911  regulatory floodway will be considered for the purposes of this
  912  subsection to extend at a minimum to the 10-year flood
  913  elevation.
  914         (t)(u)1. The owner of an aerobic treatment unit system
  915  shall maintain a current maintenance service agreement with an
  916  aerobic treatment unit maintenance entity permitted by the
  917  department. The maintenance entity shall inspect each aerobic
  918  treatment unit system at least twice each year and shall report
  919  quarterly to the department on the number of aerobic treatment
  920  unit systems inspected and serviced. The reports may be
  921  submitted electronically.
  922         2. The property owner of an owner-occupied, single-family
  923  residence may be approved and permitted by the department as a
  924  maintenance entity for his or her own aerobic treatment unit
  925  system upon written certification from the system manufacturer’s
  926  approved representative that the property owner has received
  927  training on the proper installation and service of the system.
  928  The maintenance entity service agreement must conspicuously
  929  disclose that the property owner has the right to maintain his
  930  or her own system and is exempt from contractor registration
  931  requirements for performing construction, maintenance, or
  932  repairs on the system but is subject to all permitting
  933  requirements.
  934         3. A septic tank contractor licensed under part III of
  935  chapter 489, if approved by the manufacturer, may not be denied
  936  access by the manufacturer to aerobic treatment unit system
  937  training or spare parts for maintenance entities. After the
  938  original warranty period, component parts for an aerobic
  939  treatment unit system may be replaced with parts that meet
  940  manufacturer’s specifications but are manufactured by others.
  941  The maintenance entity shall maintain documentation of the
  942  substitute part’s equivalency for 2 years and shall provide such
  943  documentation to the department upon request.
  944         4. The owner of an aerobic treatment unit system shall
  945  obtain a system operating permit from the department and allow
  946  the department to inspect during reasonable hours each aerobic
  947  treatment unit system at least annually, and such inspection may
  948  include collection and analysis of system-effluent samples for
  949  performance criteria established by rule of the department.
  950         (u)(v) The department may require the submission of
  951  detailed system construction plans that are prepared by a
  952  professional engineer registered in this state. The department
  953  shall establish by rule criteria for determining when such a
  954  submission is required.
  955         (v)(w) Any permit issued and approved by the department for
  956  the installation, modification, or repair of an onsite sewage
  957  treatment and disposal system shall transfer with the title to
  958  the property in a real estate transaction. A title may not be
  959  encumbered at the time of transfer by new permit requirements by
  960  a governmental entity for an onsite sewage treatment and
  961  disposal system which differ from the permitting requirements in
  962  effect at the time the system was permitted, modified, or
  963  repaired. An inspection of a system may not be mandated by a
  964  governmental entity at the point of sale in a real estate
  965  transaction. This paragraph does not affect a septic tank phase
  966  out deferral program implemented by a consolidated government as
  967  defined in s. 9, Art. VIII of the State Constitution (1885).
  968         (w)(x) A governmental entity, including a municipality,
  969  county, or statutorily created commission, may not require an
  970  engineer-designed performance-based treatment system, excluding
  971  a passive engineer-designed performance-based treatment system,
  972  before the completion of the Florida Onsite Sewage Nitrogen
  973  Reduction Strategies Project. This paragraph does not apply to a
  974  governmental entity, including a municipality, county, or
  975  statutorily created commission, which adopted a local law,
  976  ordinance, or regulation on or before January 31, 2012.
  977  Notwithstanding this paragraph, an engineer-designed
  978  performance-based treatment system may be used to meet the
  979  requirements of the variance review and advisory committee
  980  recommendations.
  981         (x)(y)1. An onsite sewage treatment and disposal system is
  982  not considered abandoned if the system is disconnected from a
  983  structure that was made unusable or destroyed following a
  984  disaster and if the system was properly functioning at the time
  985  of disconnection and was not adversely affected by the disaster.
  986  The onsite sewage treatment and disposal system may be
  987  reconnected to a rebuilt structure if:
  988         a. The reconnection of the system is to the same type of
  989  structure which contains the same number of bedrooms or fewer,
  990  if the square footage of the structure is less than or equal to
  991  110 percent of the original square footage of the structure that
  992  existed before the disaster;
  993         b. The system is not a sanitary nuisance; and
  994         c. The system has not been altered without prior
  995  authorization.
  996         2. An onsite sewage treatment and disposal system that
  997  serves a property that is foreclosed upon is not considered
  998  abandoned.
  999         (y)(z) If an onsite sewage treatment and disposal system
 1000  permittee receives, relies upon, and undertakes construction of
 1001  a system based upon a validly issued construction permit under
 1002  rules applicable at the time of construction but a change to a
 1003  rule occurs within 5 years after the approval of the system for
 1004  construction but before the final approval of the system, the
 1005  rules applicable and in effect at the time of construction
 1006  approval apply at the time of final approval if fundamental site
 1007  conditions have not changed between the time of construction
 1008  approval and final approval.
 1009         (z)(aa) An existing-system inspection or evaluation and
 1010  assessment, or a modification, replacement, or upgrade of an
 1011  onsite sewage treatment and disposal system is not required for
 1012  a remodeling addition or modification to a single-family home if
 1013  a bedroom is not added. However, a remodeling addition or
 1014  modification to a single-family home may not cover any part of
 1015  the existing system or encroach upon a required setback or the
 1016  unobstructed area. To determine if a setback or the unobstructed
 1017  area is impacted, the local health department shall review and
 1018  verify a floor plan and site plan of the proposed remodeling
 1019  addition or modification to the home submitted by a remodeler
 1020  which shows the location of the system, including the distance
 1021  of the remodeling addition or modification to the home from the
 1022  onsite sewage treatment and disposal system. The local health
 1023  department may visit the site or otherwise determine the best
 1024  means of verifying the information submitted. A verification of
 1025  the location of a system is not an inspection or evaluation and
 1026  assessment of the system. The review and verification must be
 1027  completed within 7 business days after receipt by the local
 1028  health department of a floor plan and site plan. If the review
 1029  and verification is not completed within such time, the
 1030  remodeling addition or modification to the single-family home,
 1031  for the purposes of this paragraph, is approved.
 1032         Section 8. Subsection (7) is added to section 381.0065,
 1033  Florida Statutes, to read:
 1034         381.0065 Onsite sewage treatment and disposal systems;
 1035  regulation.—
 1036         (7)  USE OF NUTRIENT REDUCING ONSITE SEWAGE TREATMENT AND
 1037  DISPOSAL SYSTEMS.—To meet the requirements of a total maximum
 1038  daily load, the department shall implement a fast-track approval
 1039  process for the use in this state of American National Standards
 1040  Institute 245 systems approved by NSF International before July
 1041  1, 2020.
 1042         Section 9. Section 381.00652, Florida Statutes, is created
 1043  to read:
 1044         381.00652 Onsite sewage treatment and disposal systems
 1045  technical advisory committee.—
 1046         (1)An onsite sewage treatment and disposal systems
 1047  technical advisory committee, a committee as defined in s.
 1048  20.03(8), is created within the department. The committee shall:
 1049         (a)Provide recommendations to increase the availability in
 1050  the marketplace of enhanced nutrient-reducing onsite sewage
 1051  treatment and disposal systems, including systems that are cost
 1052  effective, low-maintenance, and reliable.
 1053         (b)Consider and recommend regulatory options, such as
 1054  fast-track approval, prequalification, or expedited permitting,
 1055  to facilitate the introduction and use of enhanced nutrient
 1056  reducing onsite sewage treatment and disposal systems that have
 1057  been reviewed and approved by a national agency or organization,
 1058  such as the American National Standards Institute 245 systems
 1059  approved by the NSF International.
 1060         (c)Provide recommendations for appropriate setback
 1061  distances for onsite sewage treatment and disposal systems from
 1062  surface water, groundwater, and wells.
 1063         (2)The department shall use existing and available
 1064  resources to administer and support the activities of the
 1065  committee.
 1066         (3)(a)By August 1, 2021, the department, in consultation
 1067  with the Department of Health, shall appoint no more than 10
 1068  members to the committee, including, but not limited to, the
 1069  following:
 1070         1.A professional engineer.
 1071         2.A septic tank contractor.
 1072         3.Two representatives from the home building industry.
 1073         4.A representative from the real estate industry.
 1074         5.A representative from the onsite sewage treatment and
 1075  disposal system industry.
 1076         6.A representative from local government.
 1077         7.Two representatives from the environmental community.
 1078         8.A representative of the scientific and technical
 1079  community who has substantial expertise in the areas of the fate
 1080  and transport of water pollutants, toxicology, epidemiology,
 1081  geology, biology, or environmental sciences.
 1082         (b)Members shall serve without compensation and are not
 1083  entitled to reimbursement for per diem or travel expenses.
 1084         (4)By January 1, 2022, the committee shall submit its
 1085  recommendations to the Governor, the President of the Senate,
 1086  and the Speaker of the House of Representatives.
 1087         (5)This section expires August 15, 2022.
 1088         (6)For purposes of this section, the term “department”
 1089  means the Department of Environmental Protection.
 1090         Section 10. Effective July 1, 2021, section 381.0068,
 1091  Florida Statutes, is repealed.
 1092         Section 11. Present subsections (14) through (44) of
 1093  section 403.061, Florida Statutes, are redesignated as
 1094  subsections (15) through (45), respectively, a new subsection
 1095  (14) is added to that section, and subsection (7) of that
 1096  section is amended, to read:
 1097         403.061 Department; powers and duties.—The department shall
 1098  have the power and the duty to control and prohibit pollution of
 1099  air and water in accordance with the law and rules adopted and
 1100  promulgated by it and, for this purpose, to:
 1101         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1102  implement the provisions of this act. Any rule adopted pursuant
 1103  to this act must shall be consistent with the provisions of
 1104  federal law, if any, relating to control of emissions from motor
 1105  vehicles, effluent limitations, pretreatment requirements, or
 1106  standards of performance. A No county, municipality, or
 1107  political subdivision may not shall adopt or enforce any local
 1108  ordinance, special law, or local regulation requiring the
 1109  installation of Stage II vapor recovery systems, as currently
 1110  defined by department rule, unless such county, municipality, or
 1111  political subdivision is or has been in the past designated by
 1112  federal regulation as a moderate, serious, or severe ozone
 1113  nonattainment area. Rules adopted pursuant to this act may shall
 1114  not require dischargers of waste into waters of the state to
 1115  improve natural background conditions. The department shall
 1116  adopt rules to reasonably limit, reduce, and eliminate domestic
 1117  wastewater collection and transmission system pipe leakages and
 1118  inflow and infiltration. Discharges from steam electric
 1119  generating plants existing or licensed under this chapter on
 1120  July 1, 1984, may shall not be required to be treated to a
 1121  greater extent than may be necessary to assure that the quality
 1122  of nonthermal components of discharges from nonrecirculated
 1123  cooling water systems is as high as the quality of the makeup
 1124  waters; that the quality of nonthermal components of discharges
 1125  from recirculated cooling water systems is no lower than is
 1126  allowed for blowdown from such systems; or that the quality of
 1127  noncooling system discharges which receive makeup water from a
 1128  receiving body of water which does not meet applicable
 1129  department water quality standards is as high as the quality of
 1130  the receiving body of water. The department may not adopt
 1131  standards more stringent than federal regulations, except as
 1132  provided in s. 403.804.
 1133         (14)In order to promote resilient utilities, require
 1134  public utilities or their affiliated companies holding, applying
 1135  for, or renewing a domestic wastewater discharge permit to file
 1136  annual reports and other data regarding transactions or
 1137  allocations of common costs and expenditures on pollution
 1138  mitigation and prevention among the utility’s permitted systems,
 1139  including, but not limited to, the prevention of sanitary sewer
 1140  overflows, collection and transmission system pipe leakages, and
 1141  inflow and infiltration. The department shall adopt rules to
 1142  implement this subsection.
 1143  
 1144  The department shall implement such programs in conjunction with
 1145  its other powers and duties and shall place special emphasis on
 1146  reducing and eliminating contamination that presents a threat to
 1147  humans, animals or plants, or to the environment.
 1148         Section 12. Section 403.0616, Florida Statutes, is created
 1149  to read:
 1150         403.0616Real-time water quality monitoring program.–
 1151         (1) Subject to appropriation, the department shall
 1152  establish a real-time water quality monitoring program to assist
 1153  in the restoration, preservation, and enhancement of impaired
 1154  waterbodies and coastal resources.
 1155         (2)In order to expedite the creation and implementation of
 1156  the program, the department is encouraged to form public-private
 1157  partnerships with established scientific entities that have
 1158  proven existing real-time water quality monitoring equipment and
 1159  experience in deploying the equipment.
 1160         Section 13. Subsection (7) of section 403.067, Florida
 1161  Statutes, is amended to read:
 1162         403.067 Establishment and implementation of total maximum
 1163  daily loads.—
 1164         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1165  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1166         (a) Basin management action plans.—
 1167         1. In developing and implementing the total maximum daily
 1168  load for a water body, the department, or the department in
 1169  conjunction with a water management district, may develop a
 1170  basin management action plan that addresses some or all of the
 1171  watersheds and basins tributary to the water body. Such plan
 1172  must integrate the appropriate management strategies available
 1173  to the state through existing water quality protection programs
 1174  to achieve the total maximum daily loads and may provide for
 1175  phased implementation of these management strategies to promote
 1176  timely, cost-effective actions as provided for in s. 403.151.
 1177  The plan must establish a schedule implementing the management
 1178  strategies, establish a basis for evaluating the plan’s
 1179  effectiveness, and identify feasible funding strategies for
 1180  implementing the plan’s management strategies. The management
 1181  strategies may include regional treatment systems or other
 1182  public works, when where appropriate, and voluntary trading of
 1183  water quality credits to achieve the needed pollutant load
 1184  reductions.
 1185         2. A basin management action plan must equitably allocate,
 1186  pursuant to paragraph (6)(b), pollutant reductions to individual
 1187  basins, as a whole to all basins, or to each identified point
 1188  source or category of nonpoint sources, as appropriate. For
 1189  nonpoint sources for which best management practices have been
 1190  adopted, the initial requirement specified by the plan must be
 1191  those practices developed pursuant to paragraph (c). When Where
 1192  appropriate, the plan may take into account the benefits of
 1193  pollutant load reduction achieved by point or nonpoint sources
 1194  that have implemented management strategies to reduce pollutant
 1195  loads, including best management practices, before the
 1196  development of the basin management action plan. The plan must
 1197  also identify the mechanisms that will address potential future
 1198  increases in pollutant loading.
 1199         3. The basin management action planning process is intended
 1200  to involve the broadest possible range of interested parties,
 1201  with the objective of encouraging the greatest amount of
 1202  cooperation and consensus possible. In developing a basin
 1203  management action plan, the department shall assure that key
 1204  stakeholders, including, but not limited to, applicable local
 1205  governments, water management districts, the Department of
 1206  Agriculture and Consumer Services, other appropriate state
 1207  agencies, local soil and water conservation districts,
 1208  environmental groups, regulated interests, and affected
 1209  pollution sources, are invited to participate in the process.
 1210  The department shall hold at least one public meeting in the
 1211  vicinity of the watershed or basin to discuss and receive
 1212  comments during the planning process and shall otherwise
 1213  encourage public participation to the greatest practicable
 1214  extent. Notice of the public meeting must be published in a
 1215  newspaper of general circulation in each county in which the
 1216  watershed or basin lies at least not less than 5 days, but not
 1217  nor more than 15 days, before the public meeting. A basin
 1218  management action plan does not supplant or otherwise alter any
 1219  assessment made under subsection (3) or subsection (4) or any
 1220  calculation or initial allocation.
 1221         4. Each new or revised basin management action plan shall
 1222  include:
 1223         a. The appropriate management strategies available through
 1224  existing water quality protection programs to achieve total
 1225  maximum daily loads, which may provide for phased implementation
 1226  to promote timely, cost-effective actions as provided for in s.
 1227  403.151;
 1228         b. A description of best management practices adopted by
 1229  rule;
 1230         c. A list of projects in priority ranking with a planning
 1231  level cost estimate and estimated date of completion for each
 1232  listed project;
 1233         d. The source and amount of financial assistance to be made
 1234  available by the department, a water management district, or
 1235  other entity for each listed project, if applicable; and
 1236         e. A planning-level estimate of each listed project’s
 1237  expected load reduction, if applicable; and.
 1238         f.An estimated allocation of the pollutant load reduction
 1239  for each point source or category of point sources.
 1240         5. The department shall adopt all or any part of a basin
 1241  management action plan and any amendment to such plan by
 1242  secretarial order pursuant to chapter 120 to implement the
 1243  provisions of this section.
 1244         6. The basin management action plan must include milestones
 1245  for implementation and water quality improvement, and an
 1246  associated water quality monitoring component sufficient to
 1247  evaluate whether reasonable progress in pollutant load
 1248  reductions is being achieved over time. An assessment of
 1249  progress toward these milestones shall be conducted every 5
 1250  years, and revisions to the plan shall be made as appropriate.
 1251  Revisions to the basin management action plan shall be made by
 1252  the department in cooperation with basin stakeholders. Revisions
 1253  to the management strategies required for nonpoint sources must
 1254  follow the procedures set forth in subparagraph (c)4. Revised
 1255  basin management action plans must be adopted pursuant to
 1256  subparagraph 5.
 1257         7. In accordance with procedures adopted by rule under
 1258  paragraph (9)(c), basin management action plans, and other
 1259  pollution control programs under local, state, or federal
 1260  authority as provided in subsection (4), may allow point or
 1261  nonpoint sources that will achieve greater pollutant reductions
 1262  than required by an adopted total maximum daily load or
 1263  wasteload allocation to generate, register, and trade water
 1264  quality credits for the excess reductions to enable other
 1265  sources to achieve their allocation; however, the generation of
 1266  water quality credits does not remove the obligation of a source
 1267  or activity to meet applicable technology requirements or
 1268  adopted best management practices. Such plans must allow trading
 1269  between NPDES permittees, and trading that may or may not
 1270  involve NPDES permittees, where the generation or use of the
 1271  credits involve an entity or activity not subject to department
 1272  water discharge permits whose owner voluntarily elects to obtain
 1273  department authorization for the generation and sale of credits.
 1274         8. The provisions of The department’s rule relating to the
 1275  equitable abatement of pollutants into surface waters do not
 1276  apply to water bodies or water body segments for which a basin
 1277  management plan that takes into account future new or expanded
 1278  activities or discharges has been adopted under this section.
 1279         9.In order to promote resilient wastewater utilities, if
 1280  the department identifies domestic wastewater treatment
 1281  facilities or onsite sewage treatment and disposal systems as
 1282  contributors of at least 20 percent of point source or nonpoint
 1283  source nutrient pollution or if the department determines
 1284  remediation is necessary to achieve the total maximum daily
 1285  load, a basin management action plan for a nutrient total
 1286  maximum daily load must include the following:
 1287         a.A wastewater treatment plan that addresses domestic
 1288  wastewater developed by each local government in cooperation
 1289  with the department, the water management district, and the
 1290  public and private domestic wastewater treatment facilities
 1291  within the jurisdiction of the local government. The wastewater
 1292  treatment plan must:
 1293         (I)Provide for construction, expansion, or upgrades
 1294  necessary to achieve the total maximum daily load requirements
 1295  applicable to the domestic wastewater treatment facility.
 1296         (II)Include the permitted capacity in average annual
 1297  gallons per day for the domestic wastewater treatment facility;
 1298  the average nutrient concentration and the estimated average
 1299  nutrient load of the domestic wastewater; a timeline of the
 1300  dates by which the construction of any facility improvements
 1301  will begin and be completed and the date by which operations of
 1302  the improved facility will begin; the estimated cost of the
 1303  improvements; and the identity of responsible parties.
 1304  
 1305  The wastewater treatment plan must be adopted as part of the
 1306  basin management action plan no later than July 1, 2025. A local
 1307  government that does not have a domestic wastewater treatment
 1308  facility in its jurisdiction is not required to develop a
 1309  wastewater treatment plan unless there is a demonstrated need to
 1310  establish a domestic wastewater treatment facility within its
 1311  jurisdiction to improve water quality necessary to achieve a
 1312  total maximum daily load. A local government is not responsible
 1313  for a private domestic wastewater facility’s compliance with a
 1314  basin management action plan unless such facility is operated
 1315  through a public-private partnership to which the local
 1316  government is a party.
 1317         b.An onsite sewage treatment and disposal system
 1318  remediation plan developed by each local government in
 1319  cooperation with the department, the Department of Health, water
 1320  management districts, and public and private domestic wastewater
 1321  treatment facilities.
 1322         (I)The onsite sewage treatment and disposal system
 1323  remediation plan must identify cost-effective and financially
 1324  feasible projects necessary to achieve the nutrient load
 1325  reductions required for onsite sewage treatment and disposal
 1326  systems. To identify cost-effective and financially feasible
 1327  projects for remediation of onsite sewage treatment and disposal
 1328  systems, the local government shall:
 1329         (A)Include an inventory of onsite sewage treatment and
 1330  disposal systems based on the best information available;
 1331         (B)Identify onsite sewage treatment and disposal systems
 1332  that would be eliminated through connection to existing or
 1333  future central domestic wastewater infrastructure in the
 1334  jurisdiction or domestic wastewater service area of the local
 1335  government, that would be replaced with or upgraded to enhanced
 1336  nutrient-reducing systems, or that would remain on conventional
 1337  onsite sewage treatment and disposal systems;
 1338         (C)Estimate the costs of potential onsite sewage treatment
 1339  and disposal systems connections, upgrades, or replacements; and
 1340         (D)Identify deadlines and interim milestones for the
 1341  planning, design, and construction of projects.
 1342         (II)The department shall adopt the onsite sewage treatment
 1343  and disposal system remediation plan as part of the basin
 1344  management action plan no later than July 1, 2025, or as
 1345  required for Outstanding Florida Springs under s. 373.807.
 1346         10.When identifying wastewater projects in a basin
 1347  management action plan, the department may not require the
 1348  higher cost option if it achieves the same nutrient load
 1349  reduction as a lower cost option. A regulated entity may choose
 1350  a different cost option if it complies with the pollutant
 1351  reduction requirements of an adopted total maximum daily load
 1352  and provides additional benefits.
 1353         (b) Total maximum daily load implementation.—
 1354         1. The department shall be the lead agency in coordinating
 1355  the implementation of the total maximum daily loads through
 1356  existing water quality protection programs. Application of a
 1357  total maximum daily load by a water management district must be
 1358  consistent with this section and does not require the issuance
 1359  of an order or a separate action pursuant to s. 120.536(1) or s.
 1360  120.54 for the adoption of the calculation and allocation
 1361  previously established by the department. Such programs may
 1362  include, but are not limited to:
 1363         a. Permitting and other existing regulatory programs,
 1364  including water-quality-based effluent limitations;
 1365         b. Nonregulatory and incentive-based programs, including
 1366  best management practices, cost sharing, waste minimization,
 1367  pollution prevention, agreements established pursuant to s.
 1368  403.061(22) s. 403.061(21), and public education;
 1369         c. Other water quality management and restoration
 1370  activities, for example surface water improvement and management
 1371  plans approved by water management districts or basin management
 1372  action plans developed pursuant to this subsection;
 1373         d. Trading of water quality credits or other equitable
 1374  economically based agreements;
 1375         e. Public works including capital facilities; or
 1376         f. Land acquisition.
 1377         2. For a basin management action plan adopted pursuant to
 1378  paragraph (a), any management strategies and pollutant reduction
 1379  requirements associated with a pollutant of concern for which a
 1380  total maximum daily load has been developed, including effluent
 1381  limits set forth for a discharger subject to NPDES permitting,
 1382  if any, must be included in a timely manner in subsequent NPDES
 1383  permits or permit modifications for that discharger. The
 1384  department may not impose limits or conditions implementing an
 1385  adopted total maximum daily load in an NPDES permit until the
 1386  permit expires, the discharge is modified, or the permit is
 1387  reopened pursuant to an adopted basin management action plan.
 1388         a. Absent a detailed allocation, total maximum daily loads
 1389  must be implemented through NPDES permit conditions that provide
 1390  for a compliance schedule. In such instances, a facility’s NPDES
 1391  permit must allow time for the issuance of an order adopting the
 1392  basin management action plan. The time allowed for the issuance
 1393  of an order adopting the plan may not exceed 5 years. Upon
 1394  issuance of an order adopting the plan, the permit must be
 1395  reopened or renewed, as necessary, and permit conditions
 1396  consistent with the plan must be established. Notwithstanding
 1397  the other provisions of this subparagraph, upon request by an
 1398  NPDES permittee, the department as part of a permit issuance,
 1399  renewal, or modification may establish individual allocations
 1400  before the adoption of a basin management action plan.
 1401         b. For holders of NPDES municipal separate storm sewer
 1402  system permits and other stormwater sources, implementation of a
 1403  total maximum daily load or basin management action plan must be
 1404  achieved, to the maximum extent practicable, through the use of
 1405  best management practices or other management measures.
 1406         c. The basin management action plan does not relieve the
 1407  discharger from any requirement to obtain, renew, or modify an
 1408  NPDES permit or to abide by other requirements of the permit.
 1409         d. Management strategies set forth in a basin management
 1410  action plan to be implemented by a discharger subject to
 1411  permitting by the department must be completed pursuant to the
 1412  schedule set forth in the basin management action plan. This
 1413  implementation schedule may extend beyond the 5-year term of an
 1414  NPDES permit.
 1415         e. Management strategies and pollution reduction
 1416  requirements set forth in a basin management action plan for a
 1417  specific pollutant of concern are not subject to challenge under
 1418  chapter 120 at the time they are incorporated, in an identical
 1419  form, into a subsequent NPDES permit or permit modification.
 1420         f. For nonagricultural pollutant sources not subject to
 1421  NPDES permitting but permitted pursuant to other state,
 1422  regional, or local water quality programs, the pollutant
 1423  reduction actions adopted in a basin management action plan must
 1424  be implemented to the maximum extent practicable as part of
 1425  those permitting programs.
 1426         g. A nonpoint source discharger included in a basin
 1427  management action plan must demonstrate compliance with the
 1428  pollutant reductions established under subsection (6) by
 1429  implementing the appropriate best management practices
 1430  established pursuant to paragraph (c) or conducting water
 1431  quality monitoring prescribed by the department or a water
 1432  management district. A nonpoint source discharger may, in
 1433  accordance with department rules, supplement the implementation
 1434  of best management practices with water quality credit trades in
 1435  order to demonstrate compliance with the pollutant reductions
 1436  established under subsection (6).
 1437         h. A nonpoint source discharger included in a basin
 1438  management action plan may be subject to enforcement action by
 1439  the department or a water management district based upon a
 1440  failure to implement the responsibilities set forth in sub
 1441  subparagraph g.
 1442         i. A landowner, discharger, or other responsible person who
 1443  is implementing applicable management strategies specified in an
 1444  adopted basin management action plan may not be required by
 1445  permit, enforcement action, or otherwise to implement additional
 1446  management strategies, including water quality credit trading,
 1447  to reduce pollutant loads to attain the pollutant reductions
 1448  established pursuant to subsection (6) and shall be deemed to be
 1449  in compliance with this section. This subparagraph does not
 1450  limit the authority of the department to amend a basin
 1451  management action plan as specified in subparagraph (a)6.
 1452         (c) Best management practices.—
 1453         1. The department, in cooperation with the water management
 1454  districts and other interested parties, as appropriate, may
 1455  develop suitable interim measures, best management practices, or
 1456  other measures necessary to achieve the level of pollution
 1457  reduction established by the department for nonagricultural
 1458  nonpoint pollutant sources in allocations developed pursuant to
 1459  subsection (6) and this subsection. These practices and measures
 1460  may be adopted by rule by the department and the water
 1461  management districts and, where adopted by rule, shall be
 1462  implemented by those parties responsible for nonagricultural
 1463  nonpoint source pollution.
 1464         2. The Department of Agriculture and Consumer Services may
 1465  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1466  suitable interim measures, best management practices, or other
 1467  measures necessary to achieve the level of pollution reduction
 1468  established by the department for agricultural pollutant sources
 1469  in allocations developed pursuant to subsection (6) and this
 1470  subsection or for programs implemented pursuant to paragraph
 1471  (12)(b). These practices and measures may be implemented by
 1472  those parties responsible for agricultural pollutant sources and
 1473  the department, the water management districts, and the
 1474  Department of Agriculture and Consumer Services shall assist
 1475  with implementation. In the process of developing and adopting
 1476  rules for interim measures, best management practices, or other
 1477  measures, the Department of Agriculture and Consumer Services
 1478  shall consult with the department, the Department of Health, the
 1479  water management districts, representatives from affected
 1480  farming groups, and environmental group representatives. Such
 1481  rules must also incorporate provisions for a notice of intent to
 1482  implement the practices and a system to assure the
 1483  implementation of the practices, including site inspection and
 1484  recordkeeping requirements.
 1485         3. Where interim measures, best management practices, or
 1486  other measures are adopted by rule, the effectiveness of such
 1487  practices in achieving the levels of pollution reduction
 1488  established in allocations developed by the department pursuant
 1489  to subsection (6) and this subsection or in programs implemented
 1490  pursuant to paragraph (12)(b) must be verified at representative
 1491  sites by the department. The department shall use best
 1492  professional judgment in making the initial verification that
 1493  the best management practices are reasonably expected to be
 1494  effective and, where applicable, must notify the appropriate
 1495  water management district or the Department of Agriculture and
 1496  Consumer Services of its initial verification before the
 1497  adoption of a rule proposed pursuant to this paragraph.
 1498  Implementation, in accordance with rules adopted under this
 1499  paragraph, of practices that have been initially verified to be
 1500  effective, or verified to be effective by monitoring at
 1501  representative sites, by the department, shall provide a
 1502  presumption of compliance with state water quality standards and
 1503  release from the provisions of s. 376.307(5) for those
 1504  pollutants addressed by the practices, and the department is not
 1505  authorized to institute proceedings against the owner of the
 1506  source of pollution to recover costs or damages associated with
 1507  the contamination of surface water or groundwater caused by
 1508  those pollutants. Research projects funded by the department, a
 1509  water management district, or the Department of Agriculture and
 1510  Consumer Services to develop or demonstrate interim measures or
 1511  best management practices shall be granted a presumption of
 1512  compliance with state water quality standards and a release from
 1513  the provisions of s. 376.307(5). The presumption of compliance
 1514  and release is limited to the research site and only for those
 1515  pollutants addressed by the interim measures or best management
 1516  practices. Eligibility for the presumption of compliance and
 1517  release is limited to research projects on sites where the owner
 1518  or operator of the research site and the department, a water
 1519  management district, or the Department of Agriculture and
 1520  Consumer Services have entered into a contract or other
 1521  agreement that, at a minimum, specifies the research objectives,
 1522  the cost-share responsibilities of the parties, and a schedule
 1523  that details the beginning and ending dates of the project.
 1524         4. Where water quality problems are demonstrated, despite
 1525  the appropriate implementation, operation, and maintenance of
 1526  best management practices and other measures required by rules
 1527  adopted under this paragraph, the department, a water management
 1528  district, or the Department of Agriculture and Consumer
 1529  Services, in consultation with the department, shall institute a
 1530  reevaluation of the best management practice or other measure.
 1531  Should the reevaluation determine that the best management
 1532  practice or other measure requires modification, the department,
 1533  a water management district, or the Department of Agriculture
 1534  and Consumer Services, as appropriate, shall revise the rule to
 1535  require implementation of the modified practice within a
 1536  reasonable time period as specified in the rule.
 1537         5. Subject to subparagraph 6., the Department of
 1538  Agriculture and Consumer Services shall provide to the
 1539  department information that it obtains pursuant to subparagraph
 1540  (d)3.
 1541         6. Agricultural records relating to processes or methods of
 1542  production, costs of production, profits, or other financial
 1543  information held by the Department of Agriculture and Consumer
 1544  Services pursuant to subparagraphs 3., and 4., and 5. or
 1545  pursuant to any rule adopted pursuant to subparagraph 2. are
 1546  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1547  of the State Constitution. Upon request, records made
 1548  confidential and exempt pursuant to this subparagraph shall be
 1549  released to the department or any water management district
 1550  provided that the confidentiality specified by this subparagraph
 1551  for such records is maintained.
 1552         7.6.The provisions of Subparagraphs 1. and 2. do not
 1553  preclude the department or water management district from
 1554  requiring compliance with water quality standards or with
 1555  current best management practice requirements set forth in any
 1556  applicable regulatory program authorized by law for the purpose
 1557  of protecting water quality. Additionally, subparagraphs 1. and
 1558  2. are applicable only to the extent that they do not conflict
 1559  with any rules adopted by the department that are necessary to
 1560  maintain a federally delegated or approved program.
 1561         (d) Enforcement and verification of basin management action
 1562  plans and management strategies.—
 1563         1. Basin management action plans are enforceable pursuant
 1564  to this section and ss. 403.121, 403.141, and 403.161.
 1565  Management strategies, including best management practices and
 1566  water quality monitoring, are enforceable under this chapter.
 1567         2. No later than January 1, 2017:
 1568         a. The department, in consultation with the water
 1569  management districts and the Department of Agriculture and
 1570  Consumer Services, shall initiate rulemaking to adopt procedures
 1571  to verify implementation of water quality monitoring required in
 1572  lieu of implementation of best management practices or other
 1573  measures pursuant to sub-subparagraph (b)2.g.;
 1574         b. The department, in consultation with the water
 1575  management districts and the Department of Agriculture and
 1576  Consumer Services, shall initiate rulemaking to adopt procedures
 1577  to verify implementation of nonagricultural interim measures,
 1578  best management practices, or other measures adopted by rule
 1579  pursuant to subparagraph (c)1.; and
 1580         c. The Department of Agriculture and Consumer Services, in
 1581  consultation with the water management districts and the
 1582  department, shall initiate rulemaking to adopt procedures to
 1583  verify implementation of agricultural interim measures, best
 1584  management practices, or other measures adopted by rule pursuant
 1585  to subparagraph(c)2.
 1586  
 1587  The rules required under this subparagraph shall include
 1588  enforcement procedures applicable to the landowner, discharger,
 1589  or other responsible person required to implement applicable
 1590  management strategies, including best management practices or
 1591  water quality monitoring as a result of noncompliance.
 1592         3.At least every 2 years, the Department of Agriculture
 1593  and Consumer Services shall perform onsite inspections of each
 1594  agricultural producer that enrolls in a best management practice
 1595  to ensure that such practice is being properly implemented. Such
 1596  verification must include a collection and review of the best
 1597  management practice documentation from the previous 2 years
 1598  required by rule adopted in accordance with subparagraph (c)2.,
 1599  including, but not limited to, nitrogen and phosphorous
 1600  fertilizer application records, which must be collected and
 1601  retained pursuant to subparagraphs (c)3., 4., and 6. The
 1602  Department of Agriculture and Consumer Services shall initially
 1603  prioritize the inspection of agricultural producers located in
 1604  the basin management action plans for Lake Okeechobee, the
 1605  Indian River Lagoon, the Caloosahatchee River and Estuary, and
 1606  Silver Springs.
 1607         (e)Cooperative agricultural regional water quality
 1608  improvement element.
 1609         1.The department, the Department of Agriculture and
 1610  Consumer Services, and owners of agricultural operations in the
 1611  basin shall develop a cooperative agricultural regional water
 1612  quality improvement element as part of a basin management action
 1613  plan only if:
 1614         a.Agricultural measures have been adopted by the
 1615  Department of Agriculture and Consumer Services pursuant to
 1616  subparagraph (c)2. and have been implemented and the waterbody
 1617  remains impaired;
 1618         b.Agricultural nonpoint sources contribute to at least 20
 1619  percent of nonpoint source nutrient discharges; and
 1620         c.The department determines that additional measures, in
 1621  combination with state-sponsored regional projects and other
 1622  management strategies included in the basin management action
 1623  plan, are necessary to achieve the total maximum daily load.
 1624         2.The element will be implemented through the use of cost
 1625  sharing projects. The element must include cost-effective and
 1626  technically and financially practical cooperative regional
 1627  agricultural nutrient reduction projects that can be implemented
 1628  on private properties on a site-specific, cooperative basis.
 1629  Such cooperative regional agricultural nutrient reduction
 1630  projects may include land acquisition in fee or conservation
 1631  easements on the lands of willing sellers and site-specific
 1632  water quality improvement or dispersed water management projects
 1633  on the lands of project participants.
 1634         3.To qualify for participation in the cooperative
 1635  agricultural regional water quality improvement element, the
 1636  participant must have already implemented the interim measures,
 1637  best management practices, or other measures adopted by the
 1638  Department of Agriculture and Consumer Services pursuant to
 1639  subparagraph (c)2. The element may be included in the basin
 1640  management action plan as a part of the next 5-year assessment
 1641  under subparagraph (a)6.
 1642         4.The department may submit a legislative budget request
 1643  to fund projects developed pursuant to this paragraph.
 1644         (f)Data collection and research.—
 1645         1.The Department of Agriculture and Consumer Services, in
 1646  cooperation with the University of Florida Institute of Food and
 1647  Agricultural Sciences and other state universities and Florida
 1648  College System institutions with agricultural research programs,
 1649  shall annually develop research plans and legislative budget
 1650  requests to:
 1651         a.Evaluate and suggest enhancements to the existing
 1652  adopted agricultural best management practices to reduce
 1653  nutrient runoff;
 1654         b.Develop new best management practices that, if proven
 1655  effective, the Department of Agriculture and Consumer Services
 1656  may adopt by rule pursuant to subparagraph (c)2.; and
 1657         c.Develop agricultural nutrient runoff reduction projects
 1658  that willing participants could implement on a site-specific,
 1659  cooperative basis, in addition to best management practices. The
 1660  department may consider these projects for inclusion in a basin
 1661  management action plan. These nutrient runoff reduction projects
 1662  must reduce the nutrient impacts from agricultural operations on
 1663  water quality when evaluated with the projects and management
 1664  strategies currently included in the basin management action
 1665  plan.
 1666         2.To be considered for funding, the University of Florida
 1667  Institute of Food and Agricultural Sciences and other state
 1668  universities and Florida College System institutions that have
 1669  agricultural research programs must submit such plans to the
 1670  department and the Department of Agriculture and Consumer
 1671  Services by August 1, 2020, for the 2021-2022 fiscal year, and
 1672  by May 1 for each subsequent fiscal year.
 1673         3.The department shall work with the University of Florida
 1674  Institute of Food and Agricultural Sciences and regulated
 1675  entities to consider the adoption by rule of best management
 1676  practices for nutrient impacts from golf courses. Such adopted
 1677  best management practices are subject to the requirements of
 1678  paragraph (c).
 1679         Section 14. Section 403.0671, Florida Statutes, is created
 1680  to read:
 1681         403.0671Basin management action plan wastewater reports.—
 1682         (1)By July 1, 2021, the department, in coordination with
 1683  the county health departments, wastewater treatment facilities,
 1684  and other governmental entities, shall submit a report to the
 1685  Governor, the President of the Senate, and the Speaker of the
 1686  House of Representatives evaluating the costs of wastewater
 1687  projects identified in the basin management action plans
 1688  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1689  sewage treatment and disposal system remediation plans and other
 1690  restoration plans developed to meet the total maximum daily
 1691  loads required under s. 403.067. The report must include:
 1692         (a)Projects to:
 1693         1.Replace onsite sewage treatment and disposal systems
 1694  with enhanced nutrient reducing onsite sewage treatment and
 1695  disposal systems.
 1696         2.Install or retrofit onsite sewage treatment and disposal
 1697  systems with enhanced nutrient reducing technologies.
 1698         3.Construct, upgrade, or expand domestic wastewater
 1699  treatment facilities to meet the wastewater treatment plan
 1700  required under s. 403.067(7)(a)9.
 1701         4.Connect onsite sewage treatment and disposal systems to
 1702  domestic wastewater treatment facilities;
 1703         (b)The estimated costs, nutrient load reduction estimates,
 1704  and other benefits of each project;
 1705         (c)The estimated implementation timeline for each project;
 1706         (d)A proposed 5-year funding plan for each project and the
 1707  source and amount of financial assistance the department, a
 1708  water management district, or other project partner will make
 1709  available to fund the project; and
 1710         (e)The projected costs of installing enhanced nutrient
 1711  reducing onsite sewage treatment and disposal systems on
 1712  buildable lots in priority focus areas to comply with s.
 1713  373.811.
 1714         (2)By July 1, 2021, the department shall submit a report
 1715  to the Governor, the President of the Senate, and the Speaker of
 1716  the House of Representatives that provides an assessment of the
 1717  water quality monitoring being conducted for each basin
 1718  management action plan implementing a nutrient total maximum
 1719  daily load. In developing the report, the department may
 1720  coordinate with water management districts and any applicable
 1721  university. The report must:
 1722         (a)Evaluate the water quality monitoring prescribed for
 1723  each basin management action plan to determine if it is
 1724  sufficient to detect changes in water quality caused by the
 1725  implementation of a project.
 1726         (b)Identify gaps in water quality monitoring.
 1727         (c)Recommend ways to address water quality monitoring
 1728  needs.
 1729         (3)Beginning January 1, 2022, and each January 1
 1730  thereafter, the department shall submit to the Office of
 1731  Economic and Demographic Research the cost estimates for
 1732  projects required under s. 403.067(7)(a)9. The office shall
 1733  include the project cost estimates in its annual assessment
 1734  conducted pursuant to s. 403.928.
 1735         Section 15. Section 403.0673, Florida Statutes, is created
 1736  to read:
 1737         403.0673Wastewater grant program.—A wastewater grant
 1738  program is established within the Department of Environmental
 1739  Protection.
 1740         (1)Subject to the appropriation of funds by the
 1741  Legislature, the department may provide grants for the following
 1742  projects within a basin management action plan, an alternative
 1743  restoration plan adopted by final order, or a rural area of
 1744  opportunity under s. 288.0656 which will individually or
 1745  collectively reduce excess nutrient pollution:
 1746         (a)Projects to retrofit onsite sewage treatment and
 1747  disposal systems to upgrade them to enhanced nutrient-reducing
 1748  onsite sewage treatment and disposal systems.
 1749         (b)Projects to construct, upgrade, or expand facilities to
 1750  provide advanced waste treatment, as defined in s. 403.086(4).
 1751         (c)Projects to connect onsite sewage treatment and
 1752  disposal systems to central sewer facilities.
 1753         (2)In allocating such funds, priority must be given to
 1754  projects that subsidize the connection of onsite sewage
 1755  treatment and disposal systems to wastewater treatment plants.
 1756  First priority must be given to subsidize connection to existing
 1757  infrastructure. Second priority must be given to any expansion
 1758  of a collection or transmission system that promotes efficiency
 1759  by planning the installation of wastewater transmission
 1760  facilities to be constructed concurrently with other
 1761  construction projects occurring within or along a transportation
 1762  facility right-of-way. Third priority must be given to all other
 1763  connection of onsite sewage treatment and disposal systems to
 1764  wastewater treatment plants. The department shall consider the
 1765  estimated reduction in nutrient load per project; project
 1766  readiness; cost-effectiveness of the project; overall
 1767  environmental benefit of a project; the location of a project;
 1768  the availability of local matching funds; and projected water
 1769  savings or quantity improvements associated with a project.
 1770         (3)Each grant for a project described in subsection (1)
 1771  must require a minimum of a 50 percent local match of funds.
 1772  However, the department may, at its discretion, waive, in whole
 1773  or in part, this consideration of the local contribution for
 1774  proposed projects within an area designated as a rural area of
 1775  opportunity under s. 288.0656.
 1776         (4)The department shall coordinate with each water
 1777  management district, as necessary, to identify grant recipients
 1778  in each district.
 1779         (5)Beginning January 1, 2021, and each January 1
 1780  thereafter, the department shall submit a report regarding the
 1781  projects funded pursuant to this section to the Governor, the
 1782  President of the Senate, and the Speaker of the House of
 1783  Representatives.
 1784         Section 16. Section 403.0855, Florida Statutes, is created
 1785  to read:
 1786         403.0855 Biosolids management.—
 1787         (1)The Legislature finds that it is in the best interest
 1788  of this state to regulate biosolids management in order to
 1789  minimize the offsite migration of nutrients that impair
 1790  waterbodies. The Legislature further finds that the expedited
 1791  implementation of the recommendations of the Biosolids Technical
 1792  Advisory Committee, including permitting according to site
 1793  specific application conditions, an increased inspection rate,
 1794  groundwater and surface water monitoring protocols, and nutrient
 1795  management research, will improve biosolids management and
 1796  assist in protecting this state’s water resources and water
 1797  quality.
 1798         (2)The department shall adopt rules for biosolids
 1799  management.
 1800         (3)Effective July 1, 2020, all biosolids application sites
 1801  must meet department rules in effect at the time of the renewal
 1802  of the biosolids application site permit or facility permit.
 1803         (4)A municipality or county may enforce or extend an
 1804  ordinance, a regulation, a resolution, a rule, a moratorium, or
 1805  a policy, any of which was adopted before November 1, 2019,
 1806  relating to the land application of Class B biosolids until the
 1807  ordinance, regulation, resolution, rule, moratorium, or policy
 1808  is repealed by the municipality or county.
 1809         (5)The permittee of a biosolids land application site
 1810  shall:
 1811         (a)Conduct the land application of biosolids in accordance
 1812  with basin management action plans adopted in accordance with
 1813  ss. 373.807 and 403.067(7).
 1814         (b)Establish a groundwater monitoring program approved by
 1815  the department for land application sites when:
 1816         1.The application rate in the nutrient management plan
 1817  exceeds more than 160 pounds per acre per year of total plant
 1818  available nitrogen or 40 pounds per acre per year of total P2O5;
 1819  or
 1820         2.The soil capacity index is less than 0 mg/kg.
 1821         (c)When soil fertility testing indicates the soil capacity
 1822  index has become less than 0 mg/kg, establish a groundwater
 1823  monitoring program in accordance with department rules within 1
 1824  year of the date of the sampling results.
 1825         (d)When groundwater monitoring is not required, allow the
 1826  department to install groundwater monitoring wells at any time
 1827  during the effective period of the department-issued facility or
 1828  land application site permit and conduct monitoring.
 1829         (e)Ensure a minimum unsaturated soil depth of 2 feet
 1830  between the depth of biosolids placement and the water table
 1831  level at the time the Class A or Class B biosolids are applied
 1832  to the soil. Biosolids may not be applied on soils that have a
 1833  seasonal high-water table less than 15 centimeters from the soil
 1834  surface or within 15 centimeters of the intended depth of
 1835  biosolids placement. As used in this section, the term “seasonal
 1836  high water” means the elevation to which the ground and surface
 1837  water may be expected to rise due to a normal wet season.
 1838         (f)Be enrolled in the Department of Agriculture and
 1839  Consumer Service’s Best Management Practices Program or be
 1840  within an agricultural operation enrolled in the program for the
 1841  applicable commodity type.
 1842         (6)This subsection and subsection (5) are repealed upon
 1843  the effective date of biosolids rules adopted by the department
 1844  after July 1, 2020.
 1845         Section 17. Present subsections (7) through (10) of section
 1846  403.086, Florida Statutes, are redesignated as subsections (8)
 1847  through (11), respectively, paragraph (d) is added to subsection
 1848  (1) and a new subsection (7) is added to that section, and
 1849  paragraph (c) of subsection (1) and subsection (2) of that
 1850  section are amended, to read:
 1851         403.086 Sewage disposal facilities; advanced and secondary
 1852  waste treatment.—
 1853         (1)
 1854         (c) Notwithstanding any other provisions of this chapter or
 1855  chapter 373, facilities for sanitary sewage disposal may not
 1856  dispose of any wastes into Old Tampa Bay, Tampa Bay,
 1857  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
 1858  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
 1859  or Charlotte Harbor Bay, or, beginning July 1, 2025, Indian
 1860  River Lagoon, or into any river, stream, channel, canal, bay,
 1861  bayou, sound, or other water tributary thereto, without
 1862  providing advanced waste treatment, as defined in subsection
 1863  (4), approved by the department. This paragraph does shall not
 1864  apply to facilities which were permitted by February 1, 1987,
 1865  and which discharge secondary treated effluent, followed by
 1866  water hyacinth treatment, to tributaries of tributaries of the
 1867  named waters; or to facilities permitted to discharge to the
 1868  nontidally influenced portions of the Peace River.
 1869         (d)By December 31, 2020, the department, in consultation
 1870  with the water management districts and sewage disposal
 1871  facilities, shall submit to the Governor, the President of the
 1872  Senate, and the Speaker of the House of Representatives a
 1873  progress report on the status of upgrades made by each facility
 1874  to meet the advanced waste treatment requirements under
 1875  paragraph (c). The report must include a list of sewage disposal
 1876  facilities required to upgrade to advanced waste treatment, the
 1877  preliminary cost estimates for the upgrades, and a projected
 1878  timeline of the dates by which the upgrades will begin and be
 1879  completed and the date by which operations of the upgraded
 1880  facility will begin.
 1881         (2) Any facilities for sanitary sewage disposal shall
 1882  provide for secondary waste treatment, a power outage
 1883  contingency plan that mitigates the impacts of power outages on
 1884  the utility’s collection system and pump stations, and, in
 1885  addition thereto, advanced waste treatment as deemed necessary
 1886  and ordered by the Department of Environmental Protection.
 1887  Failure to conform is shall be punishable by a civil penalty of
 1888  $500 for each 24-hour day or fraction thereof that such failure
 1889  is allowed to continue thereafter.
 1890         (7)All facilities for sanitary sewage under subsection (2)
 1891  which control a collection or transmission system of pipes and
 1892  pumps to collect and transmit wastewater from domestic or
 1893  industrial sources to the facility shall take steps to prevent
 1894  sanitary sewer overflows or underground pipe leaks and ensure
 1895  that collected wastewater reaches the facility for appropriate
 1896  treatment. Facilities must use inflow and infiltration studies
 1897  and leakage surveys to develop pipe assessment, repair, and
 1898  replacement action plans with at least a 5-year planning horizon
 1899  which comply with department rule to limit, reduce, and
 1900  eliminate leaks, seepages, or inputs into wastewater treatment
 1901  systems’ underground pipes. The pipe assessment, repair, and
 1902  replacement action plans must be reported to the department. The
 1903  facility action plan must include information regarding the
 1904  annual expenditures dedicated to the inflow and infiltration
 1905  studies and the required replacement action plans; expenditures
 1906  that are dedicated to pipe assessment, repair, and replacement;
 1907  and expenditures designed to limit the presence of fats, roots,
 1908  oils, and grease in the utility’s collection system. The
 1909  department shall adopt rules regarding the implementation of
 1910  inflow and infiltration studies and leakage surveys; however,
 1911  such department rules may not fix or revise utility rates or
 1912  budgets. Any entity subject to this subsection and s.
 1913  403.061(14) may submit one report to comply with both
 1914  provisions. Substantial compliance with this subsection is
 1915  evidence in mitigation for the purposes of assessing penalties
 1916  pursuant to ss. 403.121 and 403.141.
 1917         Section 18. Present subsections (4) through (10) of section
 1918  403.087, Florida Statutes, are redesignated as subsections (5)
 1919  through (11), respectively, and a new subsection (4) is added to
 1920  that section, to read:
 1921         403.087 Permits; general issuance; denial; revocation;
 1922  prohibition; penalty.—
 1923         (4) The department shall issue an operation permit for a
 1924  domestic wastewater treatment facility other than a facility
 1925  regulated under the National Pollutant Discharge Elimination
 1926  System Program under s. 403.0885 for a term of up to 10 years if
 1927  the facility is meeting the stated goals in its action plan
 1928  adopted pursuant to s. 403.086(7).
 1929         Section 19. Present subsections (3) and (4) of section
 1930  403.088, Florida Statutes, are redesignated as subsections (4)
 1931  and (5), respectively, a new subsection (3) is added to that
 1932  section, and paragraph (c) of subsection (2) of that section is
 1933  amended, to read:
 1934         403.088 Water pollution operation permits; conditions.—
 1935         (2)
 1936         (c) A permit shall:
 1937         1. Specify the manner, nature, volume, and frequency of the
 1938  discharge permitted;
 1939         2. Require proper operation and maintenance of any
 1940  pollution abatement facility by qualified personnel in
 1941  accordance with standards established by the department;
 1942         3. Require a deliberate, proactive approach to
 1943  investigating or surveying a significant percentage of the
 1944  domestic wastewater collection system throughout the duration of
 1945  the permit to determine pipe integrity, which must be
 1946  accomplished in an economically feasible manner. The permittee
 1947  shall submit an annual report to the department which details
 1948  facility revenues and expenditures in a manner prescribed by
 1949  department rule. The report must detail any deviation of annual
 1950  expenditures from identified system needs related to inflow and
 1951  infiltration studies; model plans for pipe assessment, repair,
 1952  and replacement; and pipe assessment, repair, and replacement
 1953  required under s. 403.086(7). Substantial compliance with this
 1954  subsection is evidence in mitigation for the purposes of
 1955  assessing penalties pursuant to ss. 403.121 and 403.141;
 1956         4. Contain such additional conditions, requirements, and
 1957  restrictions as the department deems necessary to preserve and
 1958  protect the quality of the receiving waters;
 1959         5.4. Be valid for the period of time specified therein; and
 1960         6.5. Constitute the state National Pollutant Discharge
 1961  Elimination System permit when issued pursuant to the authority
 1962  in s. 403.0885.
 1963         (3)No later than March 1 of each year, the department
 1964  shall submit a report to the Governor, the President of the
 1965  Senate, and the Speaker of the House of Representatives which
 1966  identifies all domestic wastewater treatment facilities that
 1967  experienced a sanitary sewer overflow in the preceding calendar
 1968  year. The report must identify the utility or responsible
 1969  operating entity name, permitted capacity in annual average
 1970  gallons per day, number of overflows, type of water discharged,
 1971  and total volume of sewage released, and, to the extent known
 1972  and available, volume of sewage recovered, volume of sewage
 1973  discharged to surface waters, and cause of the sanitary sewer
 1974  overflow, including whether caused by a third party. The
 1975  department shall include with this report the annual report
 1976  specified under subparagraph (2)(c)3. for each utility that
 1977  experienced an overflow.
 1978         Section 20. Subsection (6) of section 403.0891, Florida
 1979  Statutes, is amended to read:
 1980         403.0891 State, regional, and local stormwater management
 1981  plans and programs.—The department, the water management
 1982  districts, and local governments shall have the responsibility
 1983  for the development of mutually compatible stormwater management
 1984  programs.
 1985         (6) The department and the Department of Economic
 1986  Opportunity, in cooperation with local governments in the
 1987  coastal zone, shall develop a model stormwater management
 1988  program that could be adopted by local governments. The model
 1989  program must contain model ordinances that target nutrient
 1990  reduction practices and use green infrastructure. The model
 1991  program shall contain dedicated funding options, including a
 1992  stormwater utility fee system based upon an equitable unit cost
 1993  approach. Funding options shall be designed to generate capital
 1994  to retrofit existing stormwater management systems, build new
 1995  treatment systems, operate facilities, and maintain and service
 1996  debt.
 1997         Section 21. Paragraphs (b) and (g) of subsection (2),
 1998  paragraph (b) of subsection (3), and subsection (9) of section
 1999  403.121, Florida Statutes, are amended to read:
 2000         403.121 Enforcement; procedure; remedies.—The department
 2001  shall have the following judicial and administrative remedies
 2002  available to it for violations of this chapter, as specified in
 2003  s. 403.161(1).
 2004         (2) Administrative remedies:
 2005         (b) If the department has reason to believe a violation has
 2006  occurred, it may institute an administrative proceeding to order
 2007  the prevention, abatement, or control of the conditions creating
 2008  the violation or other appropriate corrective action. Except for
 2009  violations involving hazardous wastes, asbestos, or underground
 2010  injection, the department shall proceed administratively in all
 2011  cases in which the department seeks administrative penalties
 2012  that do not exceed $50,000 $10,000 per assessment as calculated
 2013  in accordance with subsections (3), (4), (5), (6), and (7).
 2014  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 2015  assessed pursuant to subsection (3), subsection (4), or
 2016  subsection (5) against a public water system serving a
 2017  population of more than 10,000 shall be not less than $1,000 per
 2018  day per violation. The department shall not impose
 2019  administrative penalties in excess of $50,000 $10,000 in a
 2020  notice of violation. The department shall not have more than one
 2021  notice of violation seeking administrative penalties pending
 2022  against the same party at the same time unless the violations
 2023  occurred at a different site or the violations were discovered
 2024  by the department subsequent to the filing of a previous notice
 2025  of violation.
 2026         (g) Nothing herein shall be construed as preventing any
 2027  other legal or administrative action in accordance with law.
 2028  Nothing in this subsection shall limit the department’s
 2029  authority provided in ss. 403.131, 403.141, and this section to
 2030  judicially pursue injunctive relief. When the department
 2031  exercises its authority to judicially pursue injunctive relief,
 2032  penalties in any amount up to the statutory maximum sought by
 2033  the department must be pursued as part of the state court action
 2034  and not by initiating a separate administrative proceeding. The
 2035  department retains the authority to judicially pursue penalties
 2036  in excess of $50,000 $10,000 for violations not specifically
 2037  included in the administrative penalty schedule, or for multiple
 2038  or multiday violations alleged to exceed a total of $50,000
 2039  $10,000. The department also retains the authority provided in
 2040  ss. 403.131, 403.141, and this section to judicially pursue
 2041  injunctive relief and damages, if a notice of violation seeking
 2042  the imposition of administrative penalties has not been issued.
 2043  The department has the authority to enter into a settlement,
 2044  either before or after initiating a notice of violation, and the
 2045  settlement may include a penalty amount different from the
 2046  administrative penalty schedule. Any case filed in state court
 2047  because it is alleged to exceed a total of $50,000 $10,000 in
 2048  penalties may be settled in the court action for less than
 2049  $50,000 $10,000.
 2050         (3) Except for violations involving hazardous wastes,
 2051  asbestos, or underground injection, administrative penalties
 2052  must be calculated according to the following schedule:
 2053         (b) For failure to obtain a required wastewater permit,
 2054  other than a permit required for surface water discharge, the
 2055  department shall assess a penalty of $2,000 $1,000. For a
 2056  domestic or industrial wastewater violation not involving a
 2057  surface water or groundwater quality violation, the department
 2058  shall assess a penalty of $4,000 $2,000 for an unpermitted or
 2059  unauthorized discharge or effluent-limitation exceedance or
 2060  failure to comply with s. 403.061(14) or s. 403.086(7) or rules
 2061  adopted thereunder. For an unpermitted or unauthorized discharge
 2062  or effluent-limitation exceedance that resulted in a surface
 2063  water or groundwater quality violation, the department shall
 2064  assess a penalty of $10,000 $5,000.
 2065         (9) The administrative penalties assessed for any
 2066  particular violation shall not exceed $10,000 $5,000 against any
 2067  one violator, unless the violator has a history of
 2068  noncompliance, the economic benefit of the violation as
 2069  described in subsection (8) exceeds $10,000 $5,000, or there are
 2070  multiday violations. The total administrative penalties shall
 2071  not exceed $50,000 $10,000 per assessment for all violations
 2072  attributable to a specific person in the notice of violation.
 2073         Section 22. Subsection (7) of section 403.1835, Florida
 2074  Statutes, is amended to read:
 2075         403.1835 Water pollution control financial assistance.—
 2076         (7) Eligible projects must be given priority according to
 2077  the extent each project is intended to remove, mitigate, or
 2078  prevent adverse effects on surface or ground water quality and
 2079  public health. The relative costs of achieving environmental and
 2080  public health benefits must be taken into consideration during
 2081  the department’s assignment of project priorities. The
 2082  department shall adopt a priority system by rule. In developing
 2083  the priority system, the department shall give priority to
 2084  projects that:
 2085         (a) Eliminate public health hazards;
 2086         (b) Enable compliance with laws requiring the elimination
 2087  of discharges to specific water bodies, including the
 2088  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 2089  wastewater ocean outfalls;
 2090         (c) Assist in the implementation of total maximum daily
 2091  loads adopted under s. 403.067;
 2092         (d) Enable compliance with other pollution control
 2093  requirements, including, but not limited to, toxics control,
 2094  wastewater residuals management, and reduction of nutrients and
 2095  bacteria;
 2096         (e) Assist in the implementation of surface water
 2097  improvement and management plans and pollutant load reduction
 2098  goals developed under state water policy;
 2099         (f) Promote reclaimed water reuse;
 2100         (g) Eliminate failing onsite sewage treatment and disposal
 2101  systems or those that are causing environmental damage; or
 2102         (h) Reduce pollutants to and otherwise promote the
 2103  restoration of Florida’s surface and ground waters.
 2104         (i)Implement the requirements of s. 403.086(7) or s.
 2105  403.088(2)(c).
 2106         (j)Promote efficiency by planning for the installation of
 2107  wastewater transmission facilities to be constructed
 2108  concurrently with other construction projects occurring within
 2109  or along a transportation facility right-of-way.
 2110         Section 23. Paragraph (b) of subsection (3) of section
 2111  403.1838, Florida Statutes, is amended to read:
 2112         403.1838 Small Community Sewer Construction Assistance
 2113  Act.—
 2114         (3)
 2115         (b) The rules of the Environmental Regulation Commission
 2116  must:
 2117         1. Require that projects to plan, design, construct,
 2118  upgrade, or replace wastewater collection, transmission,
 2119  treatment, disposal, and reuse facilities be cost-effective,
 2120  environmentally sound, permittable, and implementable.
 2121         2. Require appropriate user charges, connection fees, and
 2122  other charges sufficient to ensure the long-term operation,
 2123  maintenance, and replacement of the facilities constructed under
 2124  each grant.
 2125         3. Require grant applications to be submitted on
 2126  appropriate forms with appropriate supporting documentation, and
 2127  require records to be maintained.
 2128         4. Establish a system to determine eligibility of grant
 2129  applications.
 2130         5. Establish a system to determine the relative priority of
 2131  grant applications. The system must consider public health
 2132  protection and water pollution prevention or abatement and must
 2133  prioritize projects that plan for the installation of wastewater
 2134  transmission facilities to be constructed concurrently with
 2135  other construction projects occurring within or along a
 2136  transportation facility right-of-way.
 2137         6. Establish requirements for competitive procurement of
 2138  engineering and construction services, materials, and equipment.
 2139         7. Provide for termination of grants when program
 2140  requirements are not met.
 2141         Section 24. Subsection (9) is added to section 403.412,
 2142  Florida Statutes, to read:
 2143         403.412 Environmental Protection Act.—
 2144         (9)(a)A local government regulation, ordinance, code,
 2145  rule, comprehensive plan, charter, or any other provision of law
 2146  may not recognize or grant any legal rights to a plant, an
 2147  animal, a body of water, or any other part of the natural
 2148  environment that is not a person or political subdivision as
 2149  defined in s. 1.01 or grant such person or political subdivision
 2150  any specific rights relating to the natural environment not
 2151  otherwise authorized in general law or specifically granted in
 2152  the State Constitution.
 2153         (b) This subsection does not limit the power of an
 2154  adversely affected party to challenge the consistency of a
 2155  development order with a comprehensive plan as provided in s.
 2156  163.3215 or to file an action for injunctive relief to enforce
 2157  the terms of a development agreement or challenge compliance of
 2158  the agreement as provided in s. 163.3243.
 2159         (c)This subsection does not limit the standing of the
 2160  Department of Legal Affairs, a political subdivision or
 2161  municipality of the state, or a citizen of the state to maintain
 2162  an action for injunctive relief as provided in this section.
 2163         Section 25. The Legislature determines and declares that
 2164  this act fulfills an important state interest.
 2165         Section 26. Effective July 1, 2021, subsection (5) of
 2166  section 153.54, Florida Statutes, is amended to read:
 2167         153.54 Preliminary report by county commissioners with
 2168  respect to creation of proposed district.—Upon receipt of a
 2169  petition duly signed by not less than 25 qualified electors who
 2170  are also freeholders residing within an area proposed to be
 2171  incorporated into a water and sewer district pursuant to this
 2172  law and describing in general terms the proposed boundaries of
 2173  such proposed district, the board of county commissioners if it
 2174  shall deem it necessary and advisable to create and establish
 2175  such proposed district for the purpose of constructing,
 2176  establishing or acquiring a water system or a sewer system or
 2177  both in and for such district (herein called “improvements”),
 2178  shall first cause a preliminary report to be made which such
 2179  report together with any other relevant or pertinent matters,
 2180  shall include at least the following:
 2181         (5) For the construction of a new proposed central sewerage
 2182  system or the extension of an existing sewerage system that was
 2183  not previously approved, the report shall include a study that
 2184  includes the available information from the Department of
 2185  Environmental Protection Health on the history of onsite sewage
 2186  treatment and disposal systems currently in use in the area and
 2187  a comparison of the projected costs to the owner of a typical
 2188  lot or parcel of connecting to and using the proposed sewerage
 2189  system versus installing, operating, and properly maintaining an
 2190  onsite sewage treatment and disposal system that is approved by
 2191  the Department of Environmental Protection Health and that
 2192  provides for the comparable level of environmental and health
 2193  protection as the proposed central sewerage system;
 2194  consideration of the local authority’s obligations or reasonably
 2195  anticipated obligations for water body cleanup and protection
 2196  under state or federal programs, including requirements for
 2197  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2198  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2199  deemed relevant by the local authority.
 2200  
 2201  Such report shall be filed in the office of the clerk of the
 2202  circuit court and shall be open for the inspection of any
 2203  taxpayer, property owner, qualified elector or any other
 2204  interested or affected person.
 2205         Section 27. Effective July 1, 2021, paragraph (c) of
 2206  subsection (2) of section 153.73, Florida Statutes, is amended
 2207  to read:
 2208         153.73 Assessable improvements; levy and payment of special
 2209  assessments.—Any district may provide for the construction or
 2210  reconstruction of assessable improvements as defined in s.
 2211  153.52, and for the levying of special assessments upon
 2212  benefited property for the payment thereof, under the provisions
 2213  of this section.
 2214         (2)
 2215         (c) For the construction of a new proposed central sewerage
 2216  system or the extension of an existing sewerage system that was
 2217  not previously approved, the report shall include a study that
 2218  includes the available information from the Department of
 2219  Environmental Protection Health on the history of onsite sewage
 2220  treatment and disposal systems currently in use in the area and
 2221  a comparison of the projected costs to the owner of a typical
 2222  lot or parcel of connecting to and using the proposed sewerage
 2223  system versus installing, operating, and properly maintaining an
 2224  onsite sewage treatment and disposal system that is approved by
 2225  the Department of Environmental Protection Health and that
 2226  provides for the comparable level of environmental and health
 2227  protection as the proposed central sewerage system;
 2228  consideration of the local authority’s obligations or reasonably
 2229  anticipated obligations for water body cleanup and protection
 2230  under state or federal programs, including requirements for
 2231  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2232  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2233  deemed relevant by the local authority.
 2234         Section 28. Effective July 1, 2021, subsection (2) of
 2235  section 163.3180, Florida Statutes, is amended to read:
 2236         163.3180 Concurrency.—
 2237         (2) Consistent with public health and safety, sanitary
 2238  sewer, solid waste, drainage, adequate water supplies, and
 2239  potable water facilities shall be in place and available to
 2240  serve new development no later than the issuance by the local
 2241  government of a certificate of occupancy or its functional
 2242  equivalent. Prior to approval of a building permit or its
 2243  functional equivalent, the local government shall consult with
 2244  the applicable water supplier to determine whether adequate
 2245  water supplies to serve the new development will be available no
 2246  later than the anticipated date of issuance by the local
 2247  government of a certificate of occupancy or its functional
 2248  equivalent. A local government may meet the concurrency
 2249  requirement for sanitary sewer through the use of onsite sewage
 2250  treatment and disposal systems approved by the Department of
 2251  Environmental Protection Health to serve new development.
 2252         Section 29. Effective July 1, 2021, subsection (3) of
 2253  section 180.03, Florida Statutes, is amended to read:
 2254         180.03 Resolution or ordinance proposing construction or
 2255  extension of utility; objections to same.—
 2256         (3) For the construction of a new proposed central sewerage
 2257  system or the extension of an existing central sewerage system
 2258  that was not previously approved, the report shall include a
 2259  study that includes the available information from the
 2260  Department of Environmental Protection Health on the history of
 2261  onsite sewage treatment and disposal systems currently in use in
 2262  the area and a comparison of the projected costs to the owner of
 2263  a typical lot or parcel of connecting to and using the proposed
 2264  central sewerage system versus installing, operating, and
 2265  properly maintaining an onsite sewage treatment and disposal
 2266  system that is approved by the Department of Environmental
 2267  Protection Health and that provides for the comparable level of
 2268  environmental and health protection as the proposed central
 2269  sewerage system; consideration of the local authority’s
 2270  obligations or reasonably anticipated obligations for water body
 2271  cleanup and protection under state or federal programs,
 2272  including requirements for water bodies listed under s. 303(d)
 2273  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 2274  et seq.; and other factors deemed relevant by the local
 2275  authority. The results of such a study shall be included in the
 2276  resolution or ordinance required under subsection (1).
 2277         Section 30. Subsections (2), (3), and (6) of section
 2278  311.105, Florida Statutes, are amended to read:
 2279         311.105 Florida Seaport Environmental Management Committee;
 2280  permitting; mitigation.—
 2281         (2) Each application for a permit authorized pursuant to s.
 2282  403.061(38) s. 403.061(37) must include:
 2283         (a) A description of maintenance dredging activities to be
 2284  conducted and proposed methods of dredged-material management.
 2285         (b) A characterization of the materials to be dredged and
 2286  the materials within dredged-material management sites.
 2287         (c) A description of dredged-material management sites and
 2288  plans.
 2289         (d) A description of measures to be undertaken, including
 2290  environmental compliance monitoring, to minimize adverse
 2291  environmental effects of maintenance dredging and dredged
 2292  material management.
 2293         (e) Such scheduling information as is required to
 2294  facilitate state supplementary funding of federal maintenance
 2295  dredging and dredged-material management programs consistent
 2296  with beach restoration criteria of the Department of
 2297  Environmental Protection.
 2298         (3) Each application for a permit authorized pursuant to s.
 2299  403.061(39) s. 403.061(38) must include the provisions of
 2300  paragraphs (2)(b)-(e) and the following:
 2301         (a) A description of dredging and dredged-material
 2302  management and other related activities associated with port
 2303  development, including the expansion of navigation channels,
 2304  dredged-material management sites, port harbors, turning basins,
 2305  harbor berths, and associated facilities.
 2306         (b) A discussion of environmental mitigation as is proposed
 2307  for dredging and dredged-material management for port
 2308  development, including the expansion of navigation channels,
 2309  dredged-material management sites, port harbors, turning basins,
 2310  harbor berths, and associated facilities.
 2311         (6) Dredged-material management activities authorized
 2312  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 2313  shall be incorporated into port master plans developed pursuant
 2314  to s. 163.3178(2)(k).
 2315         Section 31. Paragraph (d) of subsection (1) of section
 2316  327.46, Florida Statutes, is amended to read:
 2317         327.46 Boating-restricted areas.—
 2318         (1) Boating-restricted areas, including, but not limited
 2319  to, restrictions of vessel speeds and vessel traffic, may be
 2320  established on the waters of this state for any purpose
 2321  necessary to protect the safety of the public if such
 2322  restrictions are necessary based on boating accidents,
 2323  visibility, hazardous currents or water levels, vessel traffic
 2324  congestion, or other navigational hazards or to protect
 2325  seagrasses on privately owned submerged lands.
 2326         (d) Owners of private submerged lands that are adjacent to
 2327  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 2328  403.061(27), or an aquatic preserve established under ss.
 2329  258.39-258.399 may request that the commission establish
 2330  boating-restricted areas solely to protect any seagrass and
 2331  contiguous seagrass habitat within their private property
 2332  boundaries from seagrass scarring due to propeller dredging.
 2333  Owners making a request pursuant to this paragraph must
 2334  demonstrate to the commission clear ownership of the submerged
 2335  lands. The commission shall adopt rules to implement this
 2336  paragraph, including, but not limited to, establishing an
 2337  application process and criteria for meeting the requirements of
 2338  this paragraph. Each approved boating-restricted area shall be
 2339  established by commission rule. For marking boating-restricted
 2340  zones established pursuant to this paragraph, owners of
 2341  privately submerged lands shall apply to the commission for a
 2342  uniform waterway marker permit in accordance with ss. 327.40 and
 2343  327.41, and shall be responsible for marking the boating
 2344  restricted zone in accordance with the terms of the permit.
 2345         Section 32. Paragraph (d) of subsection (3) of section
 2346  373.250, Florida Statutes, is amended to read:
 2347         373.250 Reuse of reclaimed water.—
 2348         (3)
 2349         (d) The South Florida Water Management District shall
 2350  require the use of reclaimed water made available by the
 2351  elimination of wastewater ocean outfall discharges as provided
 2352  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 2353  groundwater when the use of reclaimed water is available; is
 2354  environmentally, economically, and technically feasible; and is
 2355  of such quality and reliability as is necessary to the user.
 2356  Such reclaimed water may also be required in lieu of other
 2357  alternative sources. In determining whether to require such
 2358  reclaimed water in lieu of other alternative sources, the water
 2359  management district shall consider existing infrastructure
 2360  investments in place or obligated to be constructed by an
 2361  executed contract or similar binding agreement as of July 1,
 2362  2011, for the development of other alternative sources.
 2363         Section 33. Subsection (9) of section 373.414, Florida
 2364  Statutes, is amended to read:
 2365         373.414 Additional criteria for activities in surface
 2366  waters and wetlands.—
 2367         (9) The department and the governing boards, on or before
 2368  July 1, 1994, shall adopt rules to incorporate the provisions of
 2369  this section, relying primarily on the existing rules of the
 2370  department and the water management districts, into the rules
 2371  governing the management and storage of surface waters. Such
 2372  rules shall seek to achieve a statewide, coordinated and
 2373  consistent permitting approach to activities regulated under
 2374  this part. Variations in permitting criteria in the rules of
 2375  individual water management districts or the department shall
 2376  only be provided to address differing physical or natural
 2377  characteristics. Such rules adopted pursuant to this subsection
 2378  shall include the special criteria adopted pursuant to s.
 2379  403.061(30) s. 403.061(29) and may include the special criteria
 2380  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 2381  shall include a provision requiring that a notice of intent to
 2382  deny or a permit denial based upon this section shall contain an
 2383  explanation of the reasons for such denial and an explanation,
 2384  in general terms, of what changes, if any, are necessary to
 2385  address such reasons for denial. Such rules may establish
 2386  exemptions and general permits, if such exemptions and general
 2387  permits do not allow significant adverse impacts to occur
 2388  individually or cumulatively. Such rules may require submission
 2389  of proof of financial responsibility which may include the
 2390  posting of a bond or other form of surety prior to the
 2391  commencement of construction to provide reasonable assurance
 2392  that any activity permitted pursuant to this section, including
 2393  any mitigation for such permitted activity, will be completed in
 2394  accordance with the terms and conditions of the permit once the
 2395  construction is commenced. Until rules adopted pursuant to this
 2396  subsection become effective, existing rules adopted under this
 2397  part and rules adopted pursuant to the authority of ss. 403.91
 2398  403.929 shall be deemed authorized under this part and shall
 2399  remain in full force and effect. Neither the department nor the
 2400  governing boards are limited or prohibited from amending any
 2401  such rules.
 2402         Section 34. Paragraph (b) of subsection (4) of section
 2403  373.705, Florida Statutes, is amended to read:
 2404         373.705 Water resource development; water supply
 2405  development.—
 2406         (4)
 2407         (b) Water supply development projects that meet the
 2408  criteria in paragraph (a) and that meet one or more of the
 2409  following additional criteria shall be given first consideration
 2410  for state or water management district funding assistance:
 2411         1. The project brings about replacement of existing sources
 2412  in order to help implement a minimum flow or minimum water
 2413  level;
 2414         2. The project implements reuse that assists in the
 2415  elimination of domestic wastewater ocean outfalls as provided in
 2416  s. 403.086(10) s. 403.086(9); or
 2417         3. The project reduces or eliminates the adverse effects of
 2418  competition between legal users and the natural system.
 2419         Section 35. Paragraph (f) of subsection (8) of section
 2420  373.707, Florida Statutes, is amended to read:
 2421         373.707 Alternative water supply development.—
 2422         (8)
 2423         (f) The governing boards shall determine those projects
 2424  that will be selected for financial assistance. The governing
 2425  boards may establish factors to determine project funding;
 2426  however, significant weight shall be given to the following
 2427  factors:
 2428         1. Whether the project provides substantial environmental
 2429  benefits by preventing or limiting adverse water resource
 2430  impacts.
 2431         2. Whether the project reduces competition for water
 2432  supplies.
 2433         3. Whether the project brings about replacement of
 2434  traditional sources in order to help implement a minimum flow or
 2435  level or a reservation.
 2436         4. Whether the project will be implemented by a consumptive
 2437  use permittee that has achieved the targets contained in a goal
 2438  based water conservation program approved pursuant to s.
 2439  373.227.
 2440         5. The quantity of water supplied by the project as
 2441  compared to its cost.
 2442         6. Projects in which the construction and delivery to end
 2443  users of reuse water is a major component.
 2444         7. Whether the project will be implemented by a
 2445  multijurisdictional water supply entity or regional water supply
 2446  authority.
 2447         8. Whether the project implements reuse that assists in the
 2448  elimination of domestic wastewater ocean outfalls as provided in
 2449  s. 403.086(10) s. 403.086(9).
 2450         9. Whether the county or municipality, or the multiple
 2451  counties or municipalities, in which the project is located has
 2452  implemented a high-water recharge protection tax assessment
 2453  program as provided in s. 193.625.
 2454         Section 36. Subsection (4) of section 373.709, Florida
 2455  Statutes, is amended to read:
 2456         373.709 Regional water supply planning.—
 2457         (4) The South Florida Water Management District shall
 2458  include in its regional water supply plan water resource and
 2459  water supply development projects that promote the elimination
 2460  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 2461  403.086(9).
 2462         Section 37. Effective July 1, 2021, subsection (3) of
 2463  section 373.807, Florida Statutes, is amended to read:
 2464         373.807 Protection of water quality in Outstanding Florida
 2465  Springs.—By July 1, 2016, the department shall initiate
 2466  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 2467  Springs or spring systems for which an impairment determination
 2468  has not been made under the numeric nutrient standards in effect
 2469  for spring vents. Assessments must be completed by July 1, 2018.
 2470         (3) As part of a basin management action plan that includes
 2471  an Outstanding Florida Spring, the department, the Department of
 2472  Health, relevant local governments, and relevant local public
 2473  and private wastewater utilities shall develop an onsite sewage
 2474  treatment and disposal system remediation plan for a spring if
 2475  the department determines onsite sewage treatment and disposal
 2476  systems within a priority focus area contribute at least 20
 2477  percent of nonpoint source nitrogen pollution or if the
 2478  department determines remediation is necessary to achieve the
 2479  total maximum daily load. The plan shall identify cost-effective
 2480  and financially feasible projects necessary to reduce the
 2481  nutrient impacts from onsite sewage treatment and disposal
 2482  systems and shall be completed and adopted as part of the basin
 2483  management action plan no later than the first 5-year milestone
 2484  required by subparagraph (1)(b)8. The department is the lead
 2485  agency in coordinating the preparation of and the adoption of
 2486  the plan. The department shall:
 2487         (a) Collect and evaluate credible scientific information on
 2488  the effect of nutrients, particularly forms of nitrogen, on
 2489  springs and springs systems; and
 2490         (b) Develop a public education plan to provide area
 2491  residents with reliable, understandable information about onsite
 2492  sewage treatment and disposal systems and springs.
 2493  
 2494  In addition to the requirements in s. 403.067, the plan shall
 2495  include options for repair, upgrade, replacement, drainfield
 2496  modification, addition of effective nitrogen reducing features,
 2497  connection to a central sewerage system, or other action for an
 2498  onsite sewage treatment and disposal system or group of systems
 2499  within a priority focus area that contribute at least 20 percent
 2500  of nonpoint source nitrogen pollution or if the department
 2501  determines remediation is necessary to achieve a total maximum
 2502  daily load. For these systems, the department shall include in
 2503  the plan a priority ranking for each system or group of systems
 2504  that requires remediation and shall award funds to implement the
 2505  remediation projects contingent on an appropriation in the
 2506  General Appropriations Act, which may include all or part of the
 2507  costs necessary for repair, upgrade, replacement, drainfield
 2508  modification, addition of effective nitrogen reducing features,
 2509  initial connection to a central sewerage system, or other
 2510  action. In awarding funds, the department may consider expected
 2511  nutrient reduction benefit per unit cost, size and scope of
 2512  project, relative local financial contribution to the project,
 2513  and the financial impact on property owners and the community.
 2514  The department may waive matching funding requirements for
 2515  proposed projects within an area designated as a rural area of
 2516  opportunity under s. 288.0656.
 2517         Section 38. Paragraph (k) of subsection (1) of section
 2518  376.307, Florida Statutes, is amended to read:
 2519         376.307 Water Quality Assurance Trust Fund.—
 2520         (1) The Water Quality Assurance Trust Fund is intended to
 2521  serve as a broad-based fund for use in responding to incidents
 2522  of contamination that pose a serious danger to the quality of
 2523  groundwater and surface water resources or otherwise pose a
 2524  serious danger to the public health, safety, or welfare. Moneys
 2525  in this fund may be used:
 2526         (k) For funding activities described in s. 403.086(10) s.
 2527  403.086(9) which are authorized for implementation under the
 2528  Leah Schad Memorial Ocean Outfall Program.
 2529         Section 39. Paragraph (i) of subsection (2), paragraph (b)
 2530  of subsection (4), paragraph (j) of subsection (7), and
 2531  paragraph (a) of subsection (9) of section 380.0552, Florida
 2532  Statutes, are amended to read:
 2533         380.0552 Florida Keys Area; protection and designation as
 2534  area of critical state concern.—
 2535         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2536  to:
 2537         (i) Protect and improve the nearshore water quality of the
 2538  Florida Keys through federal, state, and local funding of water
 2539  quality improvement projects, including the construction and
 2540  operation of wastewater management facilities that meet the
 2541  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 2542  as applicable.
 2543         (4) REMOVAL OF DESIGNATION.—
 2544         (b) Beginning November 30, 2010, the state land planning
 2545  agency shall annually submit a written report to the
 2546  Administration Commission describing the progress of the Florida
 2547  Keys Area toward completing the work program tasks specified in
 2548  commission rules. The land planning agency shall recommend
 2549  removing the Florida Keys Area from being designated as an area
 2550  of critical state concern to the commission if it determines
 2551  that:
 2552         1. All of the work program tasks have been completed,
 2553  including construction of, operation of, and connection to
 2554  central wastewater management facilities pursuant to s.
 2555  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 2556  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 2557         2. All local comprehensive plans and land development
 2558  regulations and the administration of such plans and regulations
 2559  are adequate to protect the Florida Keys Area, fulfill the
 2560  legislative intent specified in subsection (2), and are
 2561  consistent with and further the principles guiding development;
 2562  and
 2563         3. A local government has adopted a resolution at a public
 2564  hearing recommending the removal of the designation.
 2565         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2566  and local agencies and units of government in the Florida Keys
 2567  Area shall coordinate their plans and conduct their programs and
 2568  regulatory activities consistent with the principles for guiding
 2569  development as specified in chapter 27F-8, Florida
 2570  Administrative Code, as amended effective August 23, 1984, which
 2571  is adopted and incorporated herein by reference. For the
 2572  purposes of reviewing the consistency of the adopted plan, or
 2573  any amendments to that plan, with the principles for guiding
 2574  development, and any amendments to the principles, the
 2575  principles shall be construed as a whole and specific provisions
 2576  may not be construed or applied in isolation from the other
 2577  provisions. However, the principles for guiding development are
 2578  repealed 18 months from July 1, 1986. After repeal, any plan
 2579  amendments must be consistent with the following principles:
 2580         (j) Ensuring the improvement of nearshore water quality by
 2581  requiring the construction and operation of wastewater
 2582  management facilities that meet the requirements of ss.
 2583  381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
 2584  and by directing growth to areas served by central wastewater
 2585  treatment facilities through permit allocation systems.
 2586         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2587         (a) Any land development regulation or element of a local
 2588  comprehensive plan in the Florida Keys Area may be enacted,
 2589  amended, or rescinded by a local government, but the enactment,
 2590  amendment, or rescission becomes effective only upon approval by
 2591  the state land planning agency. The state land planning agency
 2592  shall review the proposed change to determine if it is in
 2593  compliance with the principles for guiding development specified
 2594  in chapter 27F-8, Florida Administrative Code, as amended
 2595  effective August 23, 1984, and must approve or reject the
 2596  requested changes within 60 days after receipt. Amendments to
 2597  local comprehensive plans in the Florida Keys Area must also be
 2598  reviewed for compliance with the following:
 2599         1. Construction schedules and detailed capital financing
 2600  plans for wastewater management improvements in the annually
 2601  adopted capital improvements element, and standards for the
 2602  construction of wastewater treatment and disposal facilities or
 2603  collection systems that meet or exceed the criteria in s.
 2604  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 2605  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 2606  disposal systems.
 2607         2. Goals, objectives, and policies to protect public safety
 2608  and welfare in the event of a natural disaster by maintaining a
 2609  hurricane evacuation clearance time for permanent residents of
 2610  no more than 24 hours. The hurricane evacuation clearance time
 2611  shall be determined by a hurricane evacuation study conducted in
 2612  accordance with a professionally accepted methodology and
 2613  approved by the state land planning agency.
 2614         Section 40. Effective July 1, 2021, subsections (7) and
 2615  (18) of section 381.006, Florida Statutes, are amended to read:
 2616         381.006 Environmental health.—The department shall conduct
 2617  an environmental health program as part of fulfilling the
 2618  state’s public health mission. The purpose of this program is to
 2619  detect and prevent disease caused by natural and manmade factors
 2620  in the environment. The environmental health program shall
 2621  include, but not be limited to:
 2622         (7) An onsite sewage treatment and disposal function.
 2623         (17)(18) A food service inspection function for domestic
 2624  violence centers that are certified by the Department of
 2625  Children and Families and monitored by the Florida Coalition
 2626  Against Domestic Violence under part XII of chapter 39 and group
 2627  care homes as described in subsection (15) (16), which shall be
 2628  conducted annually and be limited to the requirements in
 2629  department rule applicable to community-based residential
 2630  facilities with five or fewer residents.
 2631  
 2632  The department may adopt rules to carry out the provisions of
 2633  this section.
 2634         Section 41. Effective July 1, 2021, subsection (1) of
 2635  section 381.0061, Florida Statutes, is amended to read:
 2636         381.0061 Administrative fines.—
 2637         (1) In addition to any administrative action authorized by
 2638  chapter 120 or by other law, the department may impose a fine,
 2639  which may shall not exceed $500 for each violation, for a
 2640  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 2641  381.0066, s. 381.0072, or part III of chapter 489, for a
 2642  violation of any rule adopted under this chapter, or for a
 2643  violation of any of the provisions of chapter 386. Notice of
 2644  intent to impose such fine shall be given by the department to
 2645  the alleged violator. Each day that a violation continues may
 2646  constitute a separate violation.
 2647         Section 42. Effective July 1, 2021, subsection (1) of
 2648  section 381.0064, Florida Statutes, is amended to read:
 2649         381.0064 Continuing education courses for persons
 2650  installing or servicing septic tanks.—
 2651         (1) The Department of Environmental Protection Health shall
 2652  establish a program for continuing education which meets the
 2653  purposes of ss. 381.0101 and 489.554 regarding the public health
 2654  and environmental effects of onsite sewage treatment and
 2655  disposal systems and any other matters the department determines
 2656  desirable for the safe installation and use of onsite sewage
 2657  treatment and disposal systems. The department may charge a fee
 2658  to cover the cost of such program.
 2659         Section 43. Effective July 1, 2021, paragraph (d) of
 2660  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 2661  of subsection (9) of section 381.00651, Florida Statutes, are
 2662  amended to read:
 2663         381.00651 Periodic evaluation and assessment of onsite
 2664  sewage treatment and disposal systems.—
 2665         (7) The following procedures shall be used for conducting
 2666  evaluations:
 2667         (d) Assessment procedure.—All evaluation procedures used by
 2668  a qualified contractor shall be documented in the environmental
 2669  health database of the Department of Environmental Protection
 2670  Health. The qualified contractor shall provide a copy of a
 2671  written, signed evaluation report to the property owner upon
 2672  completion of the evaluation and to the county health department
 2673  within 30 days after the evaluation. The report must shall
 2674  contain the name and license number of the company providing the
 2675  report. A copy of the evaluation report shall be retained by the
 2676  local county health department for a minimum of 5 years and
 2677  until a subsequent inspection report is filed. The front cover
 2678  of the report must identify any system failure and include a
 2679  clear and conspicuous notice to the owner that the owner has a
 2680  right to have any remediation of the failure performed by a
 2681  qualified contractor other than the contractor performing the
 2682  evaluation. The report must further identify any crack, leak,
 2683  improper fit, or other defect in the tank, manhole, or lid, and
 2684  any other damaged or missing component; any sewage or effluent
 2685  visible on the ground or discharging to a ditch or other surface
 2686  water body; any downspout, stormwater, or other source of water
 2687  directed onto or toward the system; and any other maintenance
 2688  need or condition of the system at the time of the evaluation
 2689  which, in the opinion of the qualified contractor, would
 2690  possibly interfere with or restrict any future repair or
 2691  modification to the existing system. The report shall conclude
 2692  with an overall assessment of the fundamental operational
 2693  condition of the system.
 2694         (8) The county health department, in coordination with the
 2695  department, shall administer any evaluation program on behalf of
 2696  a county, or a municipality within the county, that has adopted
 2697  an evaluation program pursuant to this section. In order to
 2698  administer the evaluation program, the county or municipality,
 2699  in consultation with the county health department, may develop a
 2700  reasonable fee schedule to be used solely to pay for the costs
 2701  of administering the evaluation program. Such a fee schedule
 2702  shall be identified in the ordinance that adopts the evaluation
 2703  program. When arriving at a reasonable fee schedule, the
 2704  estimated annual revenues to be derived from fees may not exceed
 2705  reasonable estimated annual costs of the program. Fees shall be
 2706  assessed to the system owner during an inspection and separately
 2707  identified on the invoice of the qualified contractor. Fees
 2708  shall be remitted by the qualified contractor to the county
 2709  health department. The county health department’s administrative
 2710  responsibilities include the following:
 2711         (a) Providing a notice to the system owner at least 60 days
 2712  before the system is due for an evaluation. The notice may
 2713  include information on the proper maintenance of onsite sewage
 2714  treatment and disposal systems.
 2715         (b) In consultation with the department of Health,
 2716  providing uniform disciplinary procedures and penalties for
 2717  qualified contractors who do not comply with the requirements of
 2718  the adopted ordinance, including, but not limited to, failure to
 2719  provide the evaluation report as required in this subsection to
 2720  the system owner and the county health department. Only the
 2721  county health department may assess penalties against system
 2722  owners for failure to comply with the adopted ordinance,
 2723  consistent with existing requirements of law.
 2724         (9)
 2725         (b) Upon receipt of the notice under paragraph (a), the
 2726  department of Environmental Protection shall, within existing
 2727  resources, notify the county or municipality of the potential
 2728  use of, and access to, program funds under the Clean Water State
 2729  Revolving Fund or s. 319 of the Clean Water Act, provide
 2730  guidance in the application process to receive such moneys, and
 2731  provide advice and technical assistance to the county or
 2732  municipality on how to establish a low-interest revolving loan
 2733  program or how to model a revolving loan program after the low
 2734  interest loan program of the Clean Water State Revolving Fund.
 2735  This paragraph does not obligate the department of Environmental
 2736  Protection to provide any county or municipality with money to
 2737  fund such programs.
 2738         (c) The department of Health may not adopt any rule that
 2739  alters the provisions of this section.
 2740         (d) The department of Health must allow county health
 2741  departments and qualified contractors access to the
 2742  environmental health database to track relevant information and
 2743  assimilate data from assessment and evaluation reports of the
 2744  overall condition of onsite sewage treatment and disposal
 2745  systems. The environmental health database must be used by
 2746  contractors to report each service and evaluation event and by a
 2747  county health department to notify owners of onsite sewage
 2748  treatment and disposal systems when evaluations are due. Data
 2749  and information must be recorded and updated as service and
 2750  evaluations are conducted and reported.
 2751         Section 44. Effective July 1, 2021, paragraph (g) of
 2752  subsection (1) of section 381.0101, Florida Statutes, is amended
 2753  to read:
 2754         381.0101 Environmental health professionals.—
 2755         (1) DEFINITIONS.—As used in this section:
 2756         (g) “Primary environmental health program” means those
 2757  programs determined by the department to be essential for
 2758  providing basic environmental and sanitary protection to the
 2759  public. At a minimum, these programs shall include food
 2760  protection program work and onsite sewage treatment and disposal
 2761  system evaluations.
 2762         Section 45. Section 403.08601, Florida Statutes, is amended
 2763  to read:
 2764         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 2765  Legislature declares that as funds become available the state
 2766  may assist the local governments and agencies responsible for
 2767  implementing the Leah Schad Memorial Ocean Outfall Program
 2768  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 2769  other sources provided for in law, the General Appropriations
 2770  Act, from gifts designated for implementation of the plan from
 2771  individuals, corporations, or other entities, or federal funds
 2772  appropriated by Congress for implementation of the plan, may be
 2773  deposited into an account of the Water Quality Assurance Trust
 2774  Fund.
 2775         Section 46. Section 403.0871, Florida Statutes, is amended
 2776  to read:
 2777         403.0871 Florida Permit Fee Trust Fund.—There is
 2778  established within the department a nonlapsing trust fund to be
 2779  known as the “Florida Permit Fee Trust Fund.” All funds received
 2780  from applicants for permits pursuant to ss. 161.041, 161.053,
 2781  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 2782  deposited in the Florida Permit Fee Trust Fund and shall be used
 2783  by the department with the advice and consent of the Legislature
 2784  to supplement appropriations and other funds received by the
 2785  department for the administration of its responsibilities under
 2786  this chapter and chapter 161. In no case shall funds from the
 2787  Florida Permit Fee Trust Fund be used for salary increases
 2788  without the approval of the Legislature.
 2789         Section 47. Paragraph (a) of subsection (11) of section
 2790  403.0872, Florida Statutes, is amended to read:
 2791         403.0872 Operation permits for major sources of air
 2792  pollution; annual operation license fee.—Provided that program
 2793  approval pursuant to 42 U.S.C. s. 7661a has been received from
 2794  the United States Environmental Protection Agency, beginning
 2795  January 2, 1995, each major source of air pollution, including
 2796  electrical power plants certified under s. 403.511, must obtain
 2797  from the department an operation permit for a major source of
 2798  air pollution under this section. This operation permit is the
 2799  only department operation permit for a major source of air
 2800  pollution required for such source; provided, at the applicant’s
 2801  request, the department shall issue a separate acid rain permit
 2802  for a major source of air pollution that is an affected source
 2803  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 2804  for major sources of air pollution, except general permits
 2805  issued pursuant to s. 403.814, must be issued in accordance with
 2806  the procedures contained in this section and in accordance with
 2807  chapter 120; however, to the extent that chapter 120 is
 2808  inconsistent with the provisions of this section, the procedures
 2809  contained in this section prevail.
 2810         (11) Each major source of air pollution permitted to
 2811  operate in this state must pay between January 15 and April 1 of
 2812  each year, upon written notice from the department, an annual
 2813  operation license fee in an amount determined by department
 2814  rule. The annual operation license fee shall be terminated
 2815  immediately in the event the United States Environmental
 2816  Protection Agency imposes annual fees solely to implement and
 2817  administer the major source air-operation permit program in
 2818  Florida under 40 C.F.R. s. 70.10(d).
 2819         (a) The annual fee must be assessed based upon the source’s
 2820  previous year’s emissions and must be calculated by multiplying
 2821  the applicable annual operation license fee factor times the
 2822  tons of each regulated air pollutant actually emitted, as
 2823  calculated in accordance with the department’s emissions
 2824  computation and reporting rules. The annual fee shall only apply
 2825  to those regulated pollutants, except carbon monoxide and
 2826  greenhouse gases, for which an allowable numeric emission
 2827  limiting standard is specified in the source’s most recent
 2828  construction or operation permit; provided, however, that:
 2829         1. The license fee factor is $25 or another amount
 2830  determined by department rule which ensures that the revenue
 2831  provided by each year’s operation license fees is sufficient to
 2832  cover all reasonable direct and indirect costs of the major
 2833  stationary source air-operation permit program established by
 2834  this section. The license fee factor may be increased beyond $25
 2835  only if the secretary of the department affirmatively finds that
 2836  a shortage of revenue for support of the major stationary source
 2837  air-operation permit program will occur in the absence of a fee
 2838  factor adjustment. The annual license fee factor may never
 2839  exceed $35.
 2840         2. The amount of each regulated air pollutant in excess of
 2841  4,000 tons per year emitted by any source, or group of sources
 2842  belonging to the same Major Group as described in the Standard
 2843  Industrial Classification Manual, 1987, may not be included in
 2844  the calculation of the fee. Any source, or group of sources,
 2845  which does not emit any regulated air pollutant in excess of
 2846  4,000 tons per year, is allowed a one-time credit not to exceed
 2847  25 percent of the first annual licensing fee for the prorated
 2848  portion of existing air-operation permit application fees
 2849  remaining upon commencement of the annual licensing fees.
 2850         3. If the department has not received the fee by March 1 of
 2851  the calendar year, the permittee must be sent a written warning
 2852  of the consequences for failing to pay the fee by April 1. If
 2853  the fee is not postmarked by April 1 of the calendar year, the
 2854  department shall impose, in addition to the fee, a penalty of 50
 2855  percent of the amount of the fee, plus interest on such amount
 2856  computed in accordance with s. 220.807. The department may not
 2857  impose such penalty or interest on any amount underpaid,
 2858  provided that the permittee has timely remitted payment of at
 2859  least 90 percent of the amount determined to be due and remits
 2860  full payment within 60 days after receipt of notice of the
 2861  amount underpaid. The department may waive the collection of
 2862  underpayment and may shall not be required to refund overpayment
 2863  of the fee, if the amount due is less than 1 percent of the fee,
 2864  up to $50. The department may revoke any major air pollution
 2865  source operation permit if it finds that the permitholder has
 2866  failed to timely pay any required annual operation license fee,
 2867  penalty, or interest.
 2868         4. Notwithstanding the computational provisions of this
 2869  subsection, the annual operation license fee for any source
 2870  subject to this section may shall not be less than $250, except
 2871  that the annual operation license fee for sources permitted
 2872  solely through general permits issued under s. 403.814 may shall
 2873  not exceed $50 per year.
 2874         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 2875  the provisions of s. 403.087(6)(a)5.a., authorizing air
 2876  pollution construction permit fees, the department may not
 2877  require such fees for changes or additions to a major source of
 2878  air pollution permitted pursuant to this section, unless the
 2879  activity triggers permitting requirements under Title I, Part C
 2880  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 2881  7514a. Costs to issue and administer such permits shall be
 2882  considered direct and indirect costs of the major stationary
 2883  source air-operation permit program under s. 403.0873. The
 2884  department shall, however, require fees pursuant to s.
 2885  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 2886  construction of a new major source of air pollution that will be
 2887  subject to the permitting requirements of this section once
 2888  constructed and for activities triggering permitting
 2889  requirements under Title I, Part C or Part D, of the federal
 2890  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 2891         Section 48. Paragraph (d) of subsection (3) of section
 2892  403.707, Florida Statutes, is amended to read:
 2893         403.707 Permits.—
 2894         (3)
 2895         (d) The department may adopt rules to administer this
 2896  subsection. However, the department is not required to submit
 2897  such rules to the Environmental Regulation Commission for
 2898  approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
 2899  403.087(6)(a), permit fee caps for solid waste management
 2900  facilities shall be prorated to reflect the extended permit term
 2901  authorized by this subsection.
 2902         Section 49. Subsections (8) and (21) of section 403.861,
 2903  Florida Statutes, are amended to read:
 2904         403.861 Department; powers and duties.—The department shall
 2905  have the power and the duty to carry out the provisions and
 2906  purposes of this act and, for this purpose, to:
 2907         (8) Initiate rulemaking to increase each drinking water
 2908  permit application fee authorized under s. 403.087(7) s.
 2909  403.087(6) and this part and adopted by rule to ensure that such
 2910  fees are increased to reflect, at a minimum, any upward
 2911  adjustment in the Consumer Price Index compiled by the United
 2912  States Department of Labor, or similar inflation indicator,
 2913  since the original fee was established or most recently revised.
 2914         (a) The department shall establish by rule the inflation
 2915  index to be used for this purpose. The department shall review
 2916  the drinking water permit application fees authorized under s.
 2917  403.087(7) s. 403.087(6) and this part at least once every 5
 2918  years and shall adjust the fees upward, as necessary, within the
 2919  established fee caps to reflect changes in the Consumer Price
 2920  Index or similar inflation indicator. In the event of deflation,
 2921  the department shall consult with the Executive Office of the
 2922  Governor and the Legislature to determine whether downward fee
 2923  adjustments are appropriate based on the current budget and
 2924  appropriation considerations. The department shall also review
 2925  the drinking water operation license fees established pursuant
 2926  to paragraph (7)(b) at least once every 5 years to adopt, as
 2927  necessary, the same inflationary adjustments provided for in
 2928  this subsection.
 2929         (b) The minimum fee amount shall be the minimum fee
 2930  prescribed in this section, and such fee amount shall remain in
 2931  effect until the effective date of fees adopted by rule by the
 2932  department.
 2933         (21)(a) Upon issuance of a construction permit to construct
 2934  a new public water system drinking water treatment facility to
 2935  provide potable water supply using a surface water that, at the
 2936  time of the permit application, is not being used as a potable
 2937  water supply, and the classification of which does not include
 2938  potable water supply as a designated use, the department shall
 2939  add treated potable water supply as a designated use of the
 2940  surface water segment in accordance with s. 403.061(30)(b) s.
 2941  403.061(29)(b).
 2942         (b) For existing public water system drinking water
 2943  treatment facilities that use a surface water as a treated
 2944  potable water supply, which surface water classification does
 2945  not include potable water supply as a designated use, the
 2946  department shall add treated potable water supply as a
 2947  designated use of the surface water segment in accordance with
 2948  s. 403.061(30)(b) s. 403.061(29)(b).
 2949         Section 50. Effective July 1, 2021, subsection (1) of
 2950  section 489.551, Florida Statutes, is amended to read:
 2951         489.551 Definitions.—As used in this part:
 2952         (1) “Department” means the Department of Environmental
 2953  Protection Health.
 2954         Section 51. Paragraph (b) of subsection (10) of section
 2955  590.02, Florida Statutes, is amended to read:
 2956         590.02 Florida Forest Service; powers, authority, and
 2957  duties; liability; building structures; Withlacoochee Training
 2958  Center.—
 2959         (10)
 2960         (b) The Florida Forest Service may delegate to a county,
 2961  municipality, or special district its authority:
 2962         1. As delegated by the Department of Environmental
 2963  Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
 2964  403.081, to manage and enforce regulations pertaining to the
 2965  burning of yard trash in accordance with s. 590.125(6).
 2966         2. To manage the open burning of land clearing debris in
 2967  accordance with s. 590.125.
 2968         Section 52. The Division of Law Revision is directed to
 2969  replace the phrase “before the rules identified in paragraph (e)
 2970  take effect” as it is used in the amendment made by this act to
 2971  s. 381.0065, Florida Statutes, with the date such rules are
 2972  adopted, as provided by the Department of Environmental
 2973  Protection pursuant to s. 381.0065(4)(f), Florida Statutes, as
 2974  amended by this act.
 2975         Section 53. Except as otherwise expressly provided in this
 2976  act, this act shall take effect July 1, 2020.
 2977  
 2978  ================= T I T L E  A M E N D M E N T ================
 2979  And the title is amended as follows:
 2980         Delete everything before the enacting clause
 2981  and insert:
 2982                        A bill to be entitled                      
 2983         An act relating to environmental resource management;
 2984         providing a short title; requiring the Department of
 2985         Health to provide a specified report to the Governor
 2986         and the Legislature by a specified date; requiring the
 2987         Department of Health and the Department of
 2988         Environmental Protection to submit to the Governor and
 2989         the Legislature, by a specified date, certain
 2990         recommendations relating to the transfer of the Onsite
 2991         Sewage Program; requiring the departments to enter
 2992         into an interagency agreement that meets certain
 2993         requirements by a specified date; transferring the
 2994         Onsite Sewage Program within the Department of Health
 2995         to the Department of Environmental Protection by a
 2996         type two transfer by a specified date; providing that
 2997         certain employees retain and transfer certain types of
 2998         leave upon the transfer; amending s. 20.255, F.S.;
 2999         reducing the number of members of the Cabinet required
 3000         concur with the Governor’s appointment of the
 3001         Secretary of Environmental Protection; amending s.
 3002         373.036, F.S.; requiring water management districts to
 3003         submit consolidated annual reports to the Office of
 3004         Economic and Demographic Research; requiring such
 3005         reports to include connection and conversion projects
 3006         for onsite sewage treatment and disposal systems;
 3007         amending s. 373.223, F.S.; requiring a consumptive use
 3008         permit to use water derived from a spring for bottled
 3009         water to meet certain requirements before approval;
 3010         providing for the expiration of such requirements;
 3011         requiring the Department of Environmental Protection,
 3012         in coordination with the water management districts,
 3013         to conduct a study on the bottled water industry in
 3014         this state; providing requirements for the study;
 3015         requiring the department to submit a report containing
 3016         the findings of the study to the Governor, the
 3017         Legislature, and the Office of Economic and
 3018         Demographic Research by a specified date; defining the
 3019         terms “bottled water” and “water derived from a
 3020         spring”; amending s. 373.4131, F.S.; requiring the
 3021         Department of Environmental Protection to include
 3022         stormwater structural control inspections as part of
 3023         its regular staff training; requiring the department
 3024         and the water management districts to adopt rules
 3025         regarding stormwater design and operation by a
 3026         specified date; requiring the department to evaluate
 3027         data relating to self-certification and provide the
 3028         Legislature with recommendations; amending s.
 3029         381.0065, F.S.; conforming provisions to changes made
 3030         by the act; requiring the department to adopt rules
 3031         for the location of onsite sewage treatment and
 3032         disposal systems and complete such rulemaking by a
 3033         specified date; requiring the department to evaluate
 3034         certain data relating to the self-certification
 3035         program and provide the Legislature with
 3036         recommendations by a specified date; providing that
 3037         certain provisions relating to existing setback
 3038         requirements are applicable to permits only until the
 3039         adoption of certain rules by the department; removing
 3040         provisions establishing a Department of Health onsite
 3041         sewage treatment and disposal system research review
 3042         and advisory committee; requiring the department to
 3043         implement a specified approval process for the use of
 3044         nutrient reducing onsite sewage treatment and disposal
 3045         systems standards; creating s. 381.00652, F.S.;
 3046         creating an onsite sewage treatment and disposal
 3047         systems technical advisory committee within the
 3048         department; providing the duties and membership of the
 3049         committee; requiring the committee to submit
 3050         recommendations to the Governor and the Legislature by
 3051         a specified date; providing for the expiration of the
 3052         committee; defining a term; repealing s. 381.0068,
 3053         F.S., relating to a technical review and advisory
 3054         panel; amending s. 403.061, F.S.; requiring the
 3055         department to adopt rules relating to the underground
 3056         pipes of wastewater collection systems; requiring
 3057         public utilities or their affiliated companies that
 3058         hold or are seeking a wastewater discharge permit to
 3059         file certain reports and data with the department;
 3060         creating s. 403.0616, F.S.; requiring the department,
 3061         subject to legislative appropriation, to establish a
 3062         real-time water quality monitoring program;
 3063         encouraging the formation of public-private
 3064         partnerships; amending s. 403.067, F.S.; requiring
 3065         basin management action plans for nutrient total
 3066         maximum daily loads to include wastewater treatment
 3067         and onsite sewage treatment and disposal system
 3068         remediation plans that meet certain requirements;
 3069         requiring the Department of Agriculture and Consumer
 3070         Services to collect fertilization and nutrient records
 3071         from certain agricultural producers and provide the
 3072         information to the department annually by a specified
 3073         date; requiring the Department of Agriculture and
 3074         Consumer Services to perform onsite inspections of the
 3075         agricultural producers at specified intervals;
 3076         providing an additional management strategy for basin
 3077         management action plans to include cooperative
 3078         agricultural regional water quality improvement
 3079         elements; providing requirements for the Department of
 3080         Environmental Protection, the Department of
 3081         Agriculture and Consumer Services, and owners of
 3082         agricultural operations in developing and implementing
 3083         such elements; requiring certain entities to develop
 3084         research plans and legislative budget requests
 3085         relating to best management practices by a specified
 3086         date; creating s. 403.0671, F.S.; directing the
 3087         Department of Environmental Protection, in
 3088         coordination with the county health departments,
 3089         wastewater treatment facilities, and other
 3090         governmental entities, to submit a report on the costs
 3091         of certain wastewater projects to the Governor and
 3092         Legislature by a specified date; providing
 3093         requirements for such report; requiring the department
 3094         to submit a specified water quality monitoring
 3095         assessment report to the Governor and the Legislature
 3096         by a specified date; providing requirements for such
 3097         report; requiring the department to annually submit
 3098         certain wastewater project cost estimates to the
 3099         Office of Economic and Demographic Research beginning
 3100         on a specified date; creating s. 403.0673, F.S.;
 3101         establishing a wastewater grant program within the
 3102         Department of Environmental Protection; authorizing
 3103         the department to distribute appropriated funds for
 3104         certain projects; providing requirements for the
 3105         distribution; requiring the department to coordinate
 3106         with each water management district to identify grant
 3107         recipients; requiring an annual report to the Governor
 3108         and the Legislature by a specified date; creating s.
 3109         403.0855, F.S.; providing legislative findings
 3110         regarding the regulation of biosolids management in
 3111         this state; requiring the Department of Environmental
 3112         Protection to adopt rules for biosolids management;
 3113         specifying requirements for certain existing permits
 3114         and for permit renewals; requiring the permittee of a
 3115         biosolids application site to establish a groundwater
 3116         monitoring program under certain circumstances;
 3117         prohibiting the land application of biosolids within a
 3118         specified distance of the seasonal high-water table;
 3119         defining the term “seasonal high water”; authorizing
 3120         municipalities and counties to take certain actions
 3121         with respect to regulation of the land application of
 3122         specified biosolids; providing for a contingent
 3123         repeal; amending s. 403.086, F.S.; prohibiting
 3124         facilities for sanitary sewage disposal from disposing
 3125         of any waste in the Indian River Lagoon beginning on a
 3126         specified date without first providing advanced waste
 3127         treatment; requiring the Department of Environmental
 3128         Protection, in consultation with water management
 3129         districts and sewage disposal facilities, to submit a
 3130         report to the Governor and the Legislature on the
 3131         status of certain facility upgrades; specifying
 3132         requirements for the report; requiring facilities for
 3133         sanitary sewage disposal to have a power outage
 3134         contingency plan; requiring the facilities to take
 3135         steps to prevent overflows and leaks and ensure that
 3136         the water reaches the appropriate facility for
 3137         treatment; requiring the facilities to provide the
 3138         Department of Environmental Protection with certain
 3139         information; requiring the department to adopt rules;
 3140         amending s. 403.087, F.S.; requiring the department to
 3141         issue operation permits for domestic wastewater
 3142         treatment facilities to certain facilities under
 3143         certain circumstances; amending s. 403.088, F.S.;
 3144         revising the permit conditions for a water pollution
 3145         operation permit; requiring the department to submit a
 3146         report to the Governor and the Legislature by a
 3147         specified date identifying all wastewater utilities
 3148         that experienced sanitary sewer overflows within a
 3149         specified timeframe; providing requirements for the
 3150         report; amending s. 403.0891, F.S.; requiring model
 3151         stormwater management programs to contain model
 3152         ordinances for nutrient reduction practices and green
 3153         infrastructure; amending s. 403.121, F.S.; increasing
 3154         and providing administrative penalties; amending s.
 3155         403.1835, F.S.; conforming a cross-reference;
 3156         requiring the department to give priority for water
 3157         pollution control financial assistance to projects
 3158         that implement certain provisions and that promote
 3159         efficiency; amending s. 403.1838, F.S.; revising
 3160         requirements for the prioritization of grant
 3161         applications within the Small Community Sewer
 3162         Construction Assistance Act; amending s. 403.412,
 3163         F.S.; prohibiting local governments from recognizing
 3164         or granting certain legal rights to the natural
 3165         environment or granting such rights relating to the
 3166         natural environment to a person or political
 3167         subdivision; providing construction; providing a
 3168         declaration of important state interest; amending ss.
 3169         153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
 3170         373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
 3171         376.307, 380.0552, 381.006, 381.0061, 381.0064,
 3172         381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
 3173         403.707, 403.861, 489.551, and 590.02, F.S.;
 3174         conforming cross-references and provisions to changes
 3175         made by the act; providing a directive to the Division
 3176         of Law Revision upon the adoption of certain rules by
 3177         the Department of Environmental Protection; providing
 3178         effective dates.
 3179  
 3180         WHEREAS, nutrients negatively impact groundwater and
 3181  surface waters in this state and cause the proliferation of
 3182  algal blooms, and
 3183         WHEREAS, onsite sewage treatment and disposal systems were
 3184  designed to manage human waste and are permitted by the
 3185  Department of Health for that purpose, and
 3186         WHEREAS, conventional onsite sewage treatment and disposal
 3187  systems contribute nutrients to groundwater and surface waters
 3188  across this state which can cause harmful blue-green algal
 3189  blooms, and
 3190         WHEREAS, many stormwater systems are designed primarily to
 3191  divert and control stormwater rather than to remove pollutants,
 3192  and
 3193         WHEREAS, most existing stormwater system design criteria
 3194  fail to consistently meet either the 80 percent or 95 percent
 3195  target pollutant reduction goals established by the Department
 3196  of Environmental Protection, and
 3197         WHEREAS, other significant pollutants often can be removed
 3198  from stormwater more easily than nutrients and, as a result,
 3199  design criteria that provide the desired removal efficiencies
 3200  for nutrients will likely achieve equal or better removal
 3201  efficiencies for other constituents, and
 3202         WHEREAS, the Department of Environmental Protection has
 3203  found that the major causes of sanitary sewer overflows during
 3204  storm events are infiltration, inflow, and acute power failures,
 3205  and
 3206         WHEREAS, the Department of Environmental Protection lacks
 3207  statutory authority to regulate infiltration and inflow or to
 3208  require that all lift stations constructed prior to 2003 have
 3209  emergency backup power, and
 3210         WHEREAS, sanitary sewer overflows and leaking
 3211  infrastructure create both a human health concern and a nutrient
 3212  pollution problem, and
 3213         WHEREAS, the agricultural sector is a significant
 3214  contributor to the excess delivery of nutrients to surface
 3215  waters throughout this state and has been identified as the
 3216  dominant source of both phosphorus and nitrogen within the Lake
 3217  Okeechobee watershed and a number of other basin management
 3218  action plan areas, and
 3219         WHEREAS, only 75 percent of eligible agricultural parties
 3220  within the Lake Okeechobee Basin Management Action Plan area are
 3221  enrolled in an appropriate best management practice and
 3222  enrollment numbers are considerably less in other basin
 3223  management action plan areas, and
 3224         WHEREAS, although agricultural best management practices,
 3225  by design, should be technically feasible and economically
 3226  viable, that does not imply that their adoption and full
 3227  implementation, alone, will alleviate downstream water quality
 3228  impairments, NOW, THEREFORE,
 3229