Florida Senate - 2020                              CS for SB 712
       
       
        
       By the Committee on Community Affairs; and Senator Mayfield
       
       
       
       
       
       578-02008A-20                                          2020712c1
    1                        A bill to be entitled                      
    2         An act relating to water quality improvements;
    3         providing a short title; requiring the Department
    4         Health to provide a specified report to the Governor
    5         and the Legislature by a specified date; requiring the
    6         Department of Health and the Department of
    7         Environmental Protection to submit to the Governor and
    8         the Legislature, by a specified date, certain
    9         recommendations relating to the transfer of the Onsite
   10         Sewage Program; requiring the departments to enter
   11         into an interagency agreement that meets certain
   12         requirements by a specified date; transferring the
   13         Onsite Sewage Program within the Department of Health
   14         to the Department of Environmental Protection by a
   15         type two transfer by a specified date; providing that
   16         certain employees retain and transfer certain types of
   17         leave upon the transfer; amending s. 373.4131, F.S.;
   18         requiring the Department of Environmental Protection
   19         to include stormwater structural controls inspections
   20         as part of its regular staff training; requiring the
   21         department and the water management districts to adopt
   22         rules regarding stormwater design and operation by a
   23         specified date; amending s. 381.0065, F.S.; conforming
   24         provisions to changes made by the act; requiring the
   25         department to adopt rules for the location of onsite
   26         sewage treatment and disposal systems and complete
   27         such rulemaking by a specified date; requiring the
   28         department to evaluate certain data relating to the
   29         self-certification program and provide the Legislature
   30         with recommendations by a specified date; providing
   31         that certain provisions relating to existing setback
   32         requirements are applicable to permits only until the
   33         adoption of certain rules by the department; creating
   34         s. 381.00652, F.S.; creating an onsite sewage
   35         treatment and disposal systems technical advisory
   36         committee within the department; providing the duties
   37         and membership of the committee; requiring the
   38         committee to submit a report to the Governor and the
   39         Legislature by a specified date; providing for the
   40         expiration of the committee; repealing s. 381.0068,
   41         F.S., relating to a technical review and advisory
   42         panel; amending s. 403.061, F.S.; requiring the
   43         department to adopt rules relating to the underground
   44         pipes of wastewater collection systems; requiring
   45         public utilities or their affiliated companies that
   46         hold or are seeking a wastewater discharge permit to
   47         file certain reports and data with the department;
   48         creating s. 403.0616, F.S.; requiring the department,
   49         subject to legislative appropriation, to establish a
   50         real-time water quality monitoring program;
   51         encouraging the formation of public-private
   52         partnerships; amending s. 403.067, F.S.; requiring
   53         basin management action plans for nutrient total
   54         maximum daily loads to include wastewater treatment
   55         and onsite sewage treatment and disposal system
   56         remediation plans that meet certain requirements;
   57         requiring the Department of Agriculture and Consumer
   58         Services to collect fertilization and nutrient records
   59         from certain agricultural producers and provide the
   60         information to the department annually by a specified
   61         date; requiring the Department of Agriculture and
   62         Consumer Services to perform onsite inspections of the
   63         agricultural producers at specified intervals;
   64         authorizing certain entities to develop research plans
   65         and legislative budget requests relating to best
   66         management practices by a specified date; creating s.
   67         403.0673, F.S.; establishing a wastewater grant
   68         program within the Department of Environmental
   69         Protection; authorizing the department to distribute
   70         appropriated funds for certain projects; providing
   71         requirements for the distribution; requiring the
   72         department to coordinate with each water management
   73         district to identify grant recipients; requiring an
   74         annual report to the Governor and the Legislature by a
   75         specified date; creating s. 403.0855, F.S.; providing
   76         legislative findings regarding the regulation of
   77         biosolids management in this state; requiring the
   78         department to adopt rules for biosolids management;
   79         exempting the rules from a specified statutory
   80         requirement; amending s. 403.086, F.S.; prohibiting
   81         facilities for sanitary sewage disposal from disposing
   82         of any waste in the Indian River Lagoon beginning on a
   83         specified date without first providing advanced waste
   84         treatment; requiring facilities for sanitary sewage
   85         disposal to have a power outage contingency plan;
   86         requiring the facilities to take steps to prevent
   87         overflows and leaks and ensure that the water reaches
   88         the appropriate facility for treatment; requiring the
   89         facilities to provide the Department of Environmental
   90         Protection with certain information; requiring the
   91         department to adopt rules; amending s. 403.087, F.S.;
   92         requiring the department to issue operation permits
   93         for domestic wastewater treatment facilities to
   94         certain facilities under certain circumstances;
   95         amending s. 403.088, F.S.; revising the permit
   96         conditions for a water pollution operation permit;
   97         requiring the department to submit a report to the
   98         Governor and the Legislature by a specified date
   99         identifying all wastewater utilities that experienced
  100         sanitary sewer overflows within a specified timeframe;
  101         amending s. 403.0891, F.S.; requiring model stormwater
  102         management programs to contain model ordinances for
  103         nutrient reduction practices and green infrastructure;
  104         amending s. 403.121, F.S.; providing civil penalties;
  105         amending s. 403.885, F.S.; requiring the department to
  106         give certain domestic wastewater utilities funding
  107         priority within the Water Projects Grant Program;
  108         providing a declaration of important state interest;
  109         amending ss. 153.54, 153.73, 163.3180, 180.03,
  110         311.105, 327.46, 373.250, 373.414, 373.705, 373.707,
  111         373.709, 376.307, 380.0552, 381.006, 381.0061,
  112         381.0064, 381.00651, 403.08601, 403.0871, 403.0872,
  113         403.1835, 403.707, 403.861, 489.551, and 590.02, F.S.;
  114         conforming cross-references and provisions to changes
  115         made by the act; providing a directive to the Division
  116         of Law Revision upon the adoption of certain rules by
  117         the Department of Environmental Protection; providing
  118         effective dates.
  119  
  120         WHEREAS, nutrients negatively impact groundwater and
  121  surface waters in this state and cause the proliferation of
  122  algal blooms, and
  123         WHEREAS, onsite sewage treatment and disposal systems were
  124  designed to manage human waste and are permitted by the
  125  Department of Health for that purpose, and
  126         WHEREAS, conventional onsite sewage treatment and disposal
  127  systems contribute nutrients to groundwater and surface waters
  128  across this state which can cause harmful blue-green algal
  129  blooms, and
  130         WHEREAS, many stormwater systems are designed primarily to
  131  divert and control stormwater rather than to remove pollutants,
  132  and
  133         WHEREAS, most existing stormwater system design criteria
  134  fail to consistently meet either the 80 percent or 95 percent
  135  target pollutant reduction goals established by the Department
  136  of Environmental Protection, and
  137         WHEREAS, other significant pollutants often can be removed
  138  from stormwater more easily than nutrients and, as a result,
  139  design criteria that provide the desired removal efficiencies
  140  for nutrients will likely achieve equal or better removal
  141  efficiencies for other constituents, and
  142         WHEREAS, the Department of Environmental Protection has
  143  found that the major causes of sanitary sewer overflows during
  144  storm events are infiltration, inflow, and acute power failures,
  145  and
  146         WHEREAS, the Department of Environmental Protection lacks
  147  statutory authority to regulate infiltration and inflow or to
  148  require that all lift stations constructed prior to 2003 have
  149  emergency backup power, and
  150         WHEREAS, sanitary sewer overflows and leaking
  151  infrastructure create both a human health concern and a nutrient
  152  pollution problem, and
  153         WHEREAS, the agricultural sector is a significant
  154  contributor to the excess delivery of nutrients to surface
  155  waters throughout this state and has been identified as the
  156  dominant source of both phosphorus and nitrogen within the Lake
  157  Okeechobee watershed and a number of other basin management
  158  action plan areas, and
  159         WHEREAS, only 75 percent of eligible agricultural parties
  160  within the Lake Okeechobee Basin Management Action Plan area are
  161  enrolled in an appropriate best management practice and
  162  enrollment numbers are considerably less in other basin
  163  management action plan areas, and
  164         WHEREAS, although agricultural best management practices,
  165  by design, should be technically feasible and economically
  166  viable, that does not imply that their adoption and full
  167  implementation, alone, will alleviate downstream water quality
  168  impairments, NOW, THEREFORE,
  169  
  170  Be It Enacted by the Legislature of the State of Florida:
  171  
  172         Section 1. This act may be cited as the “Clean Waterways
  173  Act.”
  174         Section 2. (1)By July 1, 2020, the Department of Health
  175  must provide a report to the Governor, the President of the
  176  Senate, and the Speaker of the House of Representatives
  177  detailing the following information regarding the Onsite Sewage
  178  Program:
  179         (a)The average number of permits issued each year;
  180         (b)The number of department employees conducting work on
  181  or related to the program each year; and
  182         (c)The program’s costs and expenditures, including, but
  183  not limited to, salaries and benefits, equipment costs, and
  184  contracting costs.
  185         (2)By December 31, 2020, the Department of Health and the
  186  Department of Environmental Protection shall submit
  187  recommendations to the Governor, the President of the Senate,
  188  and the Speaker of the House of Representatives regarding the
  189  transfer of the Onsite Sewage Program from the Department of
  190  Health to the Department of Environmental Protection. The
  191  recommendations must address all aspects of the transfer,
  192  including the continued role of the county health departments in
  193  the permitting, inspection, data management, and tracking of
  194  onsite sewage treatment and disposal systems under the direction
  195  of the Department of Environmental Protection.
  196         (3)By June 30, 2021, the Department of Health and the
  197  Department of Environmental Protection shall enter into an
  198  interagency agreement based on the Department of Health report
  199  required under subsection (2) and on recommendations from a plan
  200  that must address all agency cooperation for a period not less
  201  than 5 years after the transfer, including:
  202         (a)The continued role of the county health departments in
  203  the permitting, inspection, data management, and tracking of
  204  onsite sewage treatment and disposal systems under the direction
  205  of the Department of Environmental Protection.
  206         (b)The appropriate proportionate number of administrative,
  207  auditing, inspector general, attorney, and operational support
  208  positions, and their related funding levels and sources and
  209  assigned property, to be transferred from the Office of General
  210  Counsel, the Office of Inspector General, and the Division of
  211  Administrative Services or other relevant offices or divisions
  212  within the Department of Health to the Department of
  213  Environmental Protection.
  214         (c)The development of a recommended plan to address the
  215  transfer or shared use of buildings, regional offices, and other
  216  facilities used or owned by the Department of Health.
  217         (d)Any operating budget adjustments that are necessary to
  218  implement the requirements of this act. Adjustments made to the
  219  operating budgets of the agencies in the implementation of this
  220  act must be made in consultation with the appropriate
  221  substantive and fiscal committees of the Senate and the House of
  222  Representatives. The revisions to the approved operating budgets
  223  for the 2021-2022 fiscal year which are necessary to reflect the
  224  organizational changes made by this act must be implemented
  225  pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
  226  to s. 216.177, Florida Statutes. Subsequent adjustments between
  227  the Department of Health and the Department of Environmental
  228  Protection which are determined necessary by the respective
  229  agencies and approved by the Executive Office of the Governor
  230  are authorized and subject to s. 216.177, Florida Statutes. The
  231  appropriate substantive committees of the Senate and the House
  232  of Representatives must also be notified of the proposed
  233  revisions to ensure their consistency with legislative policy
  234  and intent.
  235         (4)Effective July 1, 2021, all powers, duties, functions,
  236  records, offices, personnel, associated administrative support
  237  positions, property, pending issues, existing contracts,
  238  administrative authority, administrative rules, and unexpended
  239  balances of appropriations, allocations, and other funds for the
  240  regulation of onsite sewage treatment and disposal systems
  241  relating to the Onsite Sewage Program in the Department of
  242  Health are transferred by a type two transfer, as defined in s.
  243  20.06(2), Florida Statutes, to the Department of Environmental
  244  Protection.
  245         (5)Notwithstanding chapter 60L-34, Florida Administrative
  246  Code, or any law to the contrary, employees who are transferred
  247  from the Department of Health to the Department of Environmental
  248  Protection to fill positions transferred by this act retain and
  249  transfer any accrued annual leave, sick leave, and regular and
  250  special compensatory leave balances.
  251         Section 3. Subsection (5) of section 373.4131, Florida
  252  Statutes, is amended, and subsection (6) is added to that
  253  section, to read:
  254         373.4131 Statewide environmental resource permitting
  255  rules.—
  256         (5) To ensure consistent implementation and interpretation
  257  of the rules adopted pursuant to this section, the department
  258  shall conduct or oversee regular assessment and training of its
  259  staff and the staffs of the water management districts and local
  260  governments delegated local pollution control program authority
  261  under s. 373.441. The training must include coordinating field
  262  inspections of publicly and privately owned stormwater
  263  structural controls, such as stormwater retention or detention
  264  ponds.
  265         (6)By January 1, 2021:
  266         (a)The department and the water management districts shall
  267  initiate rulemaking to update the stormwater design and
  268  operation regulations using the most recent scientific
  269  information available; and
  270         (b)The department shall evaluate inspection data relating
  271  to compliance by those entities that self-certify under s.
  272  403.814(12) and provide the Legislature with recommendations for
  273  improvements to the self-certification program.
  274         Section 4. Effective July 1, 2021, present paragraphs (d)
  275  through (q) of subsection (2) of section 381.0065, Florida
  276  Statutes, are redesignated as paragraphs (e) through (r),
  277  respectively, a new paragraph (d) is added to that subsection,
  278  and subsections (3) and (4) of that section are amended, to
  279  read:
  280         381.0065 Onsite sewage treatment and disposal systems;
  281  regulation.—
  282         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  283  term:
  284         (d) “Department” means the Department of Environmental
  285  Protection.
  286         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  287  department shall:
  288         (a) Adopt rules to administer ss. 381.0065-381.0067,
  289  including definitions that are consistent with the definitions
  290  in this section, decreases to setback requirements where no
  291  health hazard exists, increases for the lot-flow allowance for
  292  performance-based systems, requirements for separation from
  293  water table elevation during the wettest season, requirements
  294  for the design and construction of any component part of an
  295  onsite sewage treatment and disposal system, application and
  296  permit requirements for persons who maintain an onsite sewage
  297  treatment and disposal system, requirements for maintenance and
  298  service agreements for aerobic treatment units and performance
  299  based treatment systems, and recommended standards, including
  300  disclosure requirements, for voluntary system inspections to be
  301  performed by individuals who are authorized by law to perform
  302  such inspections and who shall inform a person having ownership,
  303  control, or use of an onsite sewage treatment and disposal
  304  system of the inspection standards and of that person’s
  305  authority to request an inspection based on all or part of the
  306  standards.
  307         (b) Perform application reviews and site evaluations, issue
  308  permits, and conduct inspections and complaint investigations
  309  associated with the construction, installation, maintenance,
  310  modification, abandonment, operation, use, or repair of an
  311  onsite sewage treatment and disposal system for a residence or
  312  establishment with an estimated domestic sewage flow of 10,000
  313  gallons or less per day, or an estimated commercial sewage flow
  314  of 5,000 gallons or less per day, which is not currently
  315  regulated under chapter 403.
  316         (c) Develop a comprehensive program to ensure that onsite
  317  sewage treatment and disposal systems regulated by the
  318  department are sized, designed, constructed, installed, sited,
  319  repaired, modified, abandoned, used, operated, and maintained in
  320  compliance with this section and rules adopted under this
  321  section to prevent groundwater contamination, including impacts
  322  from nutrient pollution, and surface water contamination and to
  323  preserve the public health. The department is the final
  324  administrative interpretive authority regarding rule
  325  interpretation. In the event of a conflict regarding rule
  326  interpretation, the secretary of the department State Surgeon
  327  General, or his or her designee, shall timely assign a staff
  328  person to resolve the dispute.
  329         (d) Grant variances in hardship cases under the conditions
  330  prescribed in this section and rules adopted under this section.
  331         (e) Permit the use of a limited number of innovative
  332  systems for a specific period of time, when there is compelling
  333  evidence that the system will function properly and reliably to
  334  meet the requirements of this section and rules adopted under
  335  this section.
  336         (f) Issue annual operating permits under this section.
  337         (g) Establish and collect fees as established under s.
  338  381.0066 for services provided with respect to onsite sewage
  339  treatment and disposal systems.
  340         (h) Conduct enforcement activities, including imposing
  341  fines, issuing citations, suspensions, revocations, injunctions,
  342  and emergency orders for violations of this section, part I of
  343  chapter 386, or part III of chapter 489 or for a violation of
  344  any rule adopted under this section, part I of chapter 386, or
  345  part III of chapter 489.
  346         (i) Provide or conduct education and training of department
  347  personnel, service providers, and the public regarding onsite
  348  sewage treatment and disposal systems.
  349         (j) Supervise research on, demonstration of, and training
  350  on the performance, environmental impact, and public health
  351  impact of onsite sewage treatment and disposal systems within
  352  this state. Research fees collected under s. 381.0066(2)(k) must
  353  be used to develop and fund hands-on training centers designed
  354  to provide practical information about onsite sewage treatment
  355  and disposal systems to septic tank contractors, master septic
  356  tank contractors, contractors, inspectors, engineers, and the
  357  public and must also be used to fund research projects which
  358  focus on improvements of onsite sewage treatment and disposal
  359  systems, including use of performance-based standards and
  360  reduction of environmental impact. Research projects shall be
  361  initially approved by the technical review and advisory panel
  362  and shall be applicable to and reflect the soil conditions
  363  specific to Florida. Such projects shall be awarded through
  364  competitive negotiation, using the procedures provided in s.
  365  287.055, to public or private entities that have experience in
  366  onsite sewage treatment and disposal systems in Florida and that
  367  are principally located in Florida. Research projects may shall
  368  not be awarded to firms or entities that employ or are
  369  associated with persons who serve on either the technical review
  370  and advisory panel or the research review and advisory
  371  committee.
  372         (k) Approve the installation of individual graywater
  373  disposal systems in which blackwater is treated by a central
  374  sewerage system.
  375         (l) Regulate and permit the sanitation, handling,
  376  treatment, storage, reuse, and disposal of byproducts from any
  377  system regulated under this chapter and not regulated by the
  378  Department of Environmental Protection.
  379         (m) Permit and inspect portable or temporary toilet
  380  services and holding tanks. The department shall review
  381  applications, perform site evaluations, and issue permits for
  382  the temporary use of holding tanks, privies, portable toilet
  383  services, or any other toilet facility that is intended for use
  384  on a permanent or nonpermanent basis, including facilities
  385  placed on construction sites when workers are present. The
  386  department may specify standards for the construction,
  387  maintenance, use, and operation of any such facility for
  388  temporary use.
  389         (n) Regulate and permit maintenance entities for
  390  performance-based treatment systems and aerobic treatment unit
  391  systems. To ensure systems are maintained and operated according
  392  to manufacturer’s specifications and designs, the department
  393  shall establish by rule minimum qualifying criteria for
  394  maintenance entities. The criteria shall include: training,
  395  access to approved spare parts and components, access to
  396  manufacturer’s maintenance and operation manuals, and service
  397  response time. The maintenance entity shall employ a contractor
  398  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  399  a state-licensed wastewater plant operator, who is responsible
  400  for maintenance and repair of all systems under contract.
  401         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  402  construct, repair, modify, abandon, or operate an onsite sewage
  403  treatment and disposal system without first obtaining a permit
  404  approved by the department. The department may issue permits to
  405  carry out this section., but shall not make the issuance of such
  406  permits contingent upon prior approval by the Department of
  407  Environmental Protection, except that The issuance of a permit
  408  for work seaward of the coastal construction control line
  409  established under s. 161.053 shall be contingent upon receipt of
  410  any required coastal construction control line permit from the
  411  department of Environmental Protection. A construction permit is
  412  valid for 18 months from the issuance date and may be extended
  413  by the department for one 90-day period under rules adopted by
  414  the department. A repair permit is valid for 90 days from the
  415  date of issuance. An operating permit must be obtained before
  416  prior to the use of any aerobic treatment unit or if the
  417  establishment generates commercial waste. Buildings or
  418  establishments that use an aerobic treatment unit or generate
  419  commercial waste shall be inspected by the department at least
  420  annually to assure compliance with the terms of the operating
  421  permit. The operating permit for a commercial wastewater system
  422  is valid for 1 year from the date of issuance and must be
  423  renewed annually. The operating permit for an aerobic treatment
  424  unit is valid for 2 years from the date of issuance and must be
  425  renewed every 2 years. If all information pertaining to the
  426  siting, location, and installation conditions or repair of an
  427  onsite sewage treatment and disposal system remains the same, a
  428  construction or repair permit for the onsite sewage treatment
  429  and disposal system may be transferred to another person, if the
  430  transferee files, within 60 days after the transfer of
  431  ownership, an amended application providing all corrected
  432  information and proof of ownership of the property. There is no
  433  fee associated with the processing of this supplemental
  434  information. A person may not contract to construct, modify,
  435  alter, repair, service, abandon, or maintain any portion of an
  436  onsite sewage treatment and disposal system without being
  437  registered under part III of chapter 489. A property owner who
  438  personally performs construction, maintenance, or repairs to a
  439  system serving his or her own owner-occupied single-family
  440  residence is exempt from registration requirements for
  441  performing such construction, maintenance, or repairs on that
  442  residence, but is subject to all permitting requirements. A
  443  municipality or political subdivision of the state may not issue
  444  a building or plumbing permit for any building that requires the
  445  use of an onsite sewage treatment and disposal system unless the
  446  owner or builder has received a construction permit for such
  447  system from the department. A building or structure may not be
  448  occupied and a municipality, political subdivision, or any state
  449  or federal agency may not authorize occupancy until the
  450  department approves the final installation of the onsite sewage
  451  treatment and disposal system. A municipality or political
  452  subdivision of the state may not approve any change in occupancy
  453  or tenancy of a building that uses an onsite sewage treatment
  454  and disposal system until the department has reviewed the use of
  455  the system with the proposed change, approved the change, and
  456  amended the operating permit.
  457         (a) Subdivisions and lots in which each lot has a minimum
  458  area of at least one-half acre and either a minimum dimension of
  459  100 feet or a mean of at least 100 feet of the side bordering
  460  the street and the distance formed by a line parallel to the
  461  side bordering the street drawn between the two most distant
  462  points of the remainder of the lot may be developed with a water
  463  system regulated under s. 381.0062 and onsite sewage treatment
  464  and disposal systems, provided the projected daily sewage flow
  465  does not exceed an average of 1,500 gallons per acre per day,
  466  and provided satisfactory drinking water can be obtained and all
  467  distance and setback, soil condition, water table elevation, and
  468  other related requirements of this section and rules adopted
  469  under this section can be met.
  470         (b) Subdivisions and lots using a public water system as
  471  defined in s. 403.852 may use onsite sewage treatment and
  472  disposal systems, provided there are no more than four lots per
  473  acre, provided the projected daily sewage flow does not exceed
  474  an average of 2,500 gallons per acre per day, and provided that
  475  all distance and setback, soil condition, water table elevation,
  476  and other related requirements that are generally applicable to
  477  the use of onsite sewage treatment and disposal systems are met.
  478         (c) Notwithstanding paragraphs (a) and (b), for
  479  subdivisions platted of record on or before October 1, 1991,
  480  when a developer or other appropriate entity has previously made
  481  or makes provisions, including financial assurances or other
  482  commitments, acceptable to the Department of Health, that a
  483  central water system will be installed by a regulated public
  484  utility based on a density formula, private potable wells may be
  485  used with onsite sewage treatment and disposal systems until the
  486  agreed-upon densities are reached. In a subdivision regulated by
  487  this paragraph, the average daily sewage flow may not exceed
  488  2,500 gallons per acre per day. This section does not affect the
  489  validity of existing prior agreements. After October 1, 1991,
  490  the exception provided under this paragraph is not available to
  491  a developer or other appropriate entity.
  492         (d) Paragraphs (a) and (b) do not apply to any proposed
  493  residential subdivision with more than 50 lots or to any
  494  proposed commercial subdivision with more than 5 lots where a
  495  publicly owned or investor-owned sewerage system is available.
  496  It is the intent of this paragraph not to allow development of
  497  additional proposed subdivisions in order to evade the
  498  requirements of this paragraph.
  499         (e)The department shall adopt rules to locate onsite
  500  sewage treatment and disposal systems, including establishing
  501  setback distances, to prevent groundwater contamination and
  502  surface water contamination and to preserve the public health.
  503  The rulemaking process for such rules must be completed by July
  504  1, 2022, and the department shall notify the Division of Law
  505  Revision of the date such rules are adopted. The rules must
  506  consider conventional and advanced onsite sewage treatment and
  507  disposal system designs, impaired or degraded water bodies,
  508  wastewater and drinking water infrastructure, potable water
  509  sources, nonpotable wells, stormwater infrastructure, the onsite
  510  sewage treatment and disposal system remediation plans developed
  511  pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the
  512  recommendations of the onsite sewage treatment and disposal
  513  systems technical advisory committee established pursuant to s.
  514  381.00652.
  515         (f)(e) Onsite sewage treatment and disposal systems that
  516  are permitted before adoption of the rules identified in
  517  paragraph (e) may must not be placed closer than:
  518         1. Seventy-five feet from a private potable well.
  519         2. Two hundred feet from a public potable well serving a
  520  residential or nonresidential establishment having a total
  521  sewage flow of greater than 2,000 gallons per day.
  522         3. One hundred feet from a public potable well serving a
  523  residential or nonresidential establishment having a total
  524  sewage flow of less than or equal to 2,000 gallons per day.
  525         4. Fifty feet from any nonpotable well.
  526         5. Ten feet from any storm sewer pipe, to the maximum
  527  extent possible, but in no instance shall the setback be less
  528  than 5 feet.
  529         6. Seventy-five feet from the mean high-water line of a
  530  tidally influenced surface water body.
  531         7. Seventy-five feet from the mean annual flood line of a
  532  permanent nontidal surface water body.
  533         8. Fifteen feet from the design high-water line of
  534  retention areas, detention areas, or swales designed to contain
  535  standing or flowing water for less than 72 hours after a
  536  rainfall or the design high-water level of normally dry drainage
  537  ditches or normally dry individual lot stormwater retention
  538  areas.
  539         (f) Except as provided under paragraphs (e) and (t), no
  540  limitations shall be imposed by rule, relating to the distance
  541  between an onsite disposal system and any area that either
  542  permanently or temporarily has visible surface water.
  543         (g) All provisions of this section and rules adopted under
  544  this section relating to soil condition, water table elevation,
  545  distance, and other setback requirements must be equally applied
  546  to all lots, with the following exceptions:
  547         1. Any residential lot that was platted and recorded on or
  548  after January 1, 1972, or that is part of a residential
  549  subdivision that was approved by the appropriate permitting
  550  agency on or after January 1, 1972, and that was eligible for an
  551  onsite sewage treatment and disposal system construction permit
  552  on the date of such platting and recording or approval shall be
  553  eligible for an onsite sewage treatment and disposal system
  554  construction permit, regardless of when the application for a
  555  permit is made. If rules in effect at the time the permit
  556  application is filed cannot be met, residential lots platted and
  557  recorded or approved on or after January 1, 1972, shall, to the
  558  maximum extent possible, comply with the rules in effect at the
  559  time the permit application is filed. At a minimum, however,
  560  those residential lots platted and recorded or approved on or
  561  after January 1, 1972, but before January 1, 1983, shall comply
  562  with those rules in effect on January 1, 1983, and those
  563  residential lots platted and recorded or approved on or after
  564  January 1, 1983, shall comply with those rules in effect at the
  565  time of such platting and recording or approval. In determining
  566  the maximum extent of compliance with current rules that is
  567  possible, the department shall allow structures and
  568  appurtenances thereto which were authorized at the time such
  569  lots were platted and recorded or approved.
  570         2. Lots platted before 1972 are subject to a 50-foot
  571  minimum surface water setback and are not subject to lot size
  572  requirements. The projected daily flow for onsite sewage
  573  treatment and disposal systems for lots platted before 1972 may
  574  not exceed:
  575         a. Two thousand five hundred gallons per acre per day for
  576  lots served by public water systems as defined in s. 403.852.
  577         b. One thousand five hundred gallons per acre per day for
  578  lots served by water systems regulated under s. 381.0062.
  579         (h)1. The department may grant variances in hardship cases
  580  which may be less restrictive than the provisions specified in
  581  this section. If a variance is granted and the onsite sewage
  582  treatment and disposal system construction permit has been
  583  issued, the variance may be transferred with the system
  584  construction permit, if the transferee files, within 60 days
  585  after the transfer of ownership, an amended construction permit
  586  application providing all corrected information and proof of
  587  ownership of the property and if the same variance would have
  588  been required for the new owner of the property as was
  589  originally granted to the original applicant for the variance.
  590  There is no fee associated with the processing of this
  591  supplemental information. A variance may not be granted under
  592  this section until the department is satisfied that:
  593         a. The hardship was not caused intentionally by the action
  594  of the applicant;
  595         b. No reasonable alternative, taking into consideration
  596  factors such as cost, exists for the treatment of the sewage;
  597  and
  598         c. The discharge from the onsite sewage treatment and
  599  disposal system will not adversely affect the health of the
  600  applicant or the public or significantly degrade the groundwater
  601  or surface waters.
  602  
  603  Where soil conditions, water table elevation, and setback
  604  provisions are determined by the department to be satisfactory,
  605  special consideration must be given to those lots platted before
  606  1972.
  607         2. The department shall appoint and staff a variance review
  608  and advisory committee, which shall meet monthly to recommend
  609  agency action on variance requests. The committee shall make its
  610  recommendations on variance requests at the meeting in which the
  611  application is scheduled for consideration, except for an
  612  extraordinary change in circumstances, the receipt of new
  613  information that raises new issues, or when the applicant
  614  requests an extension. The committee shall consider the criteria
  615  in subparagraph 1. in its recommended agency action on variance
  616  requests and shall also strive to allow property owners the full
  617  use of their land where possible. The committee consists of the
  618  following:
  619         a. The Secretary of Environmental Protection State Surgeon
  620  General or his or her designee.
  621         b. A representative from the county health departments.
  622         c. A representative from the home building industry
  623  recommended by the Florida Home Builders Association.
  624         d. A representative from the septic tank industry
  625  recommended by the Florida Onsite Wastewater Association.
  626         e. A representative from the Department of Health
  627  Environmental Protection.
  628         f. A representative from the real estate industry who is
  629  also a developer in this state who develops lots using onsite
  630  sewage treatment and disposal systems, recommended by the
  631  Florida Association of Realtors.
  632         g. A representative from the engineering profession
  633  recommended by the Florida Engineering Society.
  634  
  635  Members shall be appointed for a term of 3 years, with such
  636  appointments being staggered so that the terms of no more than
  637  two members expire in any one year. Members shall serve without
  638  remuneration, but if requested, shall be reimbursed for per diem
  639  and travel expenses as provided in s. 112.061.
  640         (i) A construction permit may not be issued for an onsite
  641  sewage treatment and disposal system in any area zoned or used
  642  for industrial or manufacturing purposes, or its equivalent,
  643  where a publicly owned or investor-owned sewage treatment system
  644  is available, or where a likelihood exists that the system will
  645  receive toxic, hazardous, or industrial waste. An existing
  646  onsite sewage treatment and disposal system may be repaired if a
  647  publicly owned or investor-owned sewerage system is not
  648  available within 500 feet of the building sewer stub-out and if
  649  system construction and operation standards can be met. This
  650  paragraph does not require publicly owned or investor-owned
  651  sewerage treatment systems to accept anything other than
  652  domestic wastewater.
  653         1. A building located in an area zoned or used for
  654  industrial or manufacturing purposes, or its equivalent, when
  655  such building is served by an onsite sewage treatment and
  656  disposal system, must not be occupied until the owner or tenant
  657  has obtained written approval from the department. The
  658  department may shall not grant approval when the proposed use of
  659  the system is to dispose of toxic, hazardous, or industrial
  660  wastewater or toxic or hazardous chemicals.
  661         2. Each person who owns or operates a business or facility
  662  in an area zoned or used for industrial or manufacturing
  663  purposes, or its equivalent, or who owns or operates a business
  664  that has the potential to generate toxic, hazardous, or
  665  industrial wastewater or toxic or hazardous chemicals, and uses
  666  an onsite sewage treatment and disposal system that is installed
  667  on or after July 5, 1989, must obtain an annual system operating
  668  permit from the department. A person who owns or operates a
  669  business that uses an onsite sewage treatment and disposal
  670  system that was installed and approved before July 5, 1989, need
  671  not obtain a system operating permit. However, upon change of
  672  ownership or tenancy, the new owner or operator must notify the
  673  department of the change, and the new owner or operator must
  674  obtain an annual system operating permit, regardless of the date
  675  that the system was installed or approved.
  676         3. The department shall periodically review and evaluate
  677  the continued use of onsite sewage treatment and disposal
  678  systems in areas zoned or used for industrial or manufacturing
  679  purposes, or its equivalent, and may require the collection and
  680  analyses of samples from within and around such systems. If the
  681  department finds that toxic or hazardous chemicals or toxic,
  682  hazardous, or industrial wastewater have been or are being
  683  disposed of through an onsite sewage treatment and disposal
  684  system, the department shall initiate enforcement actions
  685  against the owner or tenant to ensure adequate cleanup,
  686  treatment, and disposal.
  687         (j) An onsite sewage treatment and disposal system designed
  688  by a professional engineer registered in the state and certified
  689  by such engineer as complying with performance criteria adopted
  690  by the department must be approved by the department subject to
  691  the following:
  692         1. The performance criteria applicable to engineer-designed
  693  systems must be limited to those necessary to ensure that such
  694  systems do not adversely affect the public health or
  695  significantly degrade the groundwater or surface water. Such
  696  performance criteria shall include consideration of the quality
  697  of system effluent, the proposed total sewage flow per acre,
  698  wastewater treatment capabilities of the natural or replaced
  699  soil, water quality classification of the potential surface
  700  water-receiving body, and the structural and maintenance
  701  viability of the system for the treatment of domestic
  702  wastewater. However, performance criteria shall address only the
  703  performance of a system and not a system’s design.
  704         2. A person electing to utilize an engineer-designed system
  705  shall, upon completion of the system design, submit such design,
  706  certified by a registered professional engineer, to the county
  707  health department. The county health department may utilize an
  708  outside consultant to review the engineer-designed system, with
  709  the actual cost of such review to be borne by the applicant.
  710  Within 5 working days after receiving an engineer-designed
  711  system permit application, the county health department shall
  712  request additional information if the application is not
  713  complete. Within 15 working days after receiving a complete
  714  application for an engineer-designed system, the county health
  715  department either shall issue the permit or, if it determines
  716  that the system does not comply with the performance criteria,
  717  shall notify the applicant of that determination and refer the
  718  application to the department for a determination as to whether
  719  the system should be approved, disapproved, or approved with
  720  modification. The department engineer’s determination shall
  721  prevail over the action of the county health department. The
  722  applicant shall be notified in writing of the department’s
  723  determination and of the applicant’s rights to pursue a variance
  724  or seek review under the provisions of chapter 120.
  725         3. The owner of an engineer-designed performance-based
  726  system must maintain a current maintenance service agreement
  727  with a maintenance entity permitted by the department. The
  728  maintenance entity shall inspect each system at least twice each
  729  year and shall report quarterly to the department on the number
  730  of systems inspected and serviced. The reports may be submitted
  731  electronically.
  732         4. The property owner of an owner-occupied, single-family
  733  residence may be approved and permitted by the department as a
  734  maintenance entity for his or her own performance-based
  735  treatment system upon written certification from the system
  736  manufacturer’s approved representative that the property owner
  737  has received training on the proper installation and service of
  738  the system. The maintenance service agreement must conspicuously
  739  disclose that the property owner has the right to maintain his
  740  or her own system and is exempt from contractor registration
  741  requirements for performing construction, maintenance, or
  742  repairs on the system but is subject to all permitting
  743  requirements.
  744         5. The property owner shall obtain a biennial system
  745  operating permit from the department for each system. The
  746  department shall inspect the system at least annually, or on
  747  such periodic basis as the fee collected permits, and may
  748  collect system-effluent samples if appropriate to determine
  749  compliance with the performance criteria. The fee for the
  750  biennial operating permit shall be collected beginning with the
  751  second year of system operation.
  752         6. If an engineer-designed system fails to properly
  753  function or fails to meet performance standards, the system
  754  shall be re-engineered, if necessary, to bring the system into
  755  compliance with the provisions of this section.
  756         (k) An innovative system may be approved in conjunction
  757  with an engineer-designed site-specific system which is
  758  certified by the engineer to meet the performance-based criteria
  759  adopted by the department.
  760         (l) For the Florida Keys, the department shall adopt a
  761  special rule for the construction, installation, modification,
  762  operation, repair, maintenance, and performance of onsite sewage
  763  treatment and disposal systems which considers the unique soil
  764  conditions and water table elevations, densities, and setback
  765  requirements. On lots where a setback distance of 75 feet from
  766  surface waters, saltmarsh, and buttonwood association habitat
  767  areas cannot be met, an injection well, approved and permitted
  768  by the department, may be used for disposal of effluent from
  769  onsite sewage treatment and disposal systems. The following
  770  additional requirements apply to onsite sewage treatment and
  771  disposal systems in Monroe County:
  772         1. The county, each municipality, and those special
  773  districts established for the purpose of the collection,
  774  transmission, treatment, or disposal of sewage shall ensure, in
  775  accordance with the specific schedules adopted by the
  776  Administration Commission under s. 380.0552, the completion of
  777  onsite sewage treatment and disposal system upgrades to meet the
  778  requirements of this paragraph.
  779         2. Onsite sewage treatment and disposal systems must cease
  780  discharge by December 31, 2015, or must comply with department
  781  rules and provide the level of treatment which, on a permitted
  782  annual average basis, produces an effluent that contains no more
  783  than the following concentrations:
  784         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  785         b. Suspended Solids of 10 mg/l.
  786         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  787  reduction in nitrogen of at least 70 percent. A system that has
  788  been tested and certified to reduce nitrogen concentrations by
  789  at least 70 percent shall be deemed to be in compliance with
  790  this standard.
  791         d. Total Phosphorus, expressed as P, of 1 mg/l.
  792  
  793  In addition, onsite sewage treatment and disposal systems
  794  discharging to an injection well must provide basic disinfection
  795  as defined by department rule.
  796         3. In areas not scheduled to be served by a central sewer,
  797  onsite sewage treatment and disposal systems must, by December
  798  31, 2015, comply with department rules and provide the level of
  799  treatment described in subparagraph 2.
  800         4. In areas scheduled to be served by central sewer by
  801  December 31, 2015, if the property owner has paid a connection
  802  fee or assessment for connection to the central sewer system,
  803  the property owner may install a holding tank with a high water
  804  alarm or an onsite sewage treatment and disposal system that
  805  meets the following minimum standards:
  806         a. The existing tanks must be pumped and inspected and
  807  certified as being watertight and free of defects in accordance
  808  with department rule; and
  809         b. A sand-lined drainfield or injection well in accordance
  810  with department rule must be installed.
  811         5. Onsite sewage treatment and disposal systems must be
  812  monitored for total nitrogen and total phosphorus concentrations
  813  as required by department rule.
  814         6. The department shall enforce proper installation,
  815  operation, and maintenance of onsite sewage treatment and
  816  disposal systems pursuant to this chapter, including ensuring
  817  that the appropriate level of treatment described in
  818  subparagraph 2. is met.
  819         7. The authority of a local government, including a special
  820  district, to mandate connection of an onsite sewage treatment
  821  and disposal system is governed by s. 4, chapter 99-395, Laws of
  822  Florida.
  823         8. Notwithstanding any other provision of law, an onsite
  824  sewage treatment and disposal system installed after July 1,
  825  2010, in unincorporated Monroe County, excluding special
  826  wastewater districts, that complies with the standards in
  827  subparagraph 2. is not required to connect to a central sewer
  828  system until December 31, 2020.
  829         (m) No product sold in the state for use in onsite sewage
  830  treatment and disposal systems may contain any substance in
  831  concentrations or amounts that would interfere with or prevent
  832  the successful operation of such system, or that would cause
  833  discharges from such systems to violate applicable water quality
  834  standards. The department shall publish criteria for products
  835  known or expected to meet the conditions of this paragraph. In
  836  the event a product does not meet such criteria, such product
  837  may be sold if the manufacturer satisfactorily demonstrates to
  838  the department that the conditions of this paragraph are met.
  839         (n) Evaluations for determining the seasonal high-water
  840  table elevations or the suitability of soils for the use of a
  841  new onsite sewage treatment and disposal system shall be
  842  performed by department personnel, professional engineers
  843  registered in the state, or such other persons with expertise,
  844  as defined by rule, in making such evaluations. Evaluations for
  845  determining mean annual flood lines shall be performed by those
  846  persons identified in paragraph (2)(k) (2)(j). The department
  847  shall accept evaluations submitted by professional engineers and
  848  such other persons as meet the expertise established by this
  849  section or by rule unless the department has a reasonable
  850  scientific basis for questioning the accuracy or completeness of
  851  the evaluation.
  852         (o) The department shall appoint a research review and
  853  advisory committee, which shall meet at least semiannually. The
  854  committee shall advise the department on directions for new
  855  research, review and rank proposals for research contracts, and
  856  review draft research reports and make comments. The committee
  857  is comprised of:
  858         1. A representative of the Secretary of Environmental
  859  Protection State Surgeon General, or his or her designee.
  860         2. A representative from the septic tank industry.
  861         3. A representative from the home building industry.
  862         4. A representative from an environmental interest group.
  863         5. A representative from the State University System, from
  864  a department knowledgeable about onsite sewage treatment and
  865  disposal systems.
  866         6. A professional engineer registered in this state who has
  867  work experience in onsite sewage treatment and disposal systems.
  868         7. A representative from local government who is
  869  knowledgeable about domestic wastewater treatment.
  870         8. A representative from the real estate profession.
  871         9. A representative from the restaurant industry.
  872         10. A consumer.
  873  
  874  Members shall be appointed for a term of 3 years, with the
  875  appointments being staggered so that the terms of no more than
  876  four members expire in any one year. Members shall serve without
  877  remuneration, but are entitled to reimbursement for per diem and
  878  travel expenses as provided in s. 112.061.
  879         (p) An application for an onsite sewage treatment and
  880  disposal system permit shall be completed in full, signed by the
  881  owner or the owner’s authorized representative, or by a
  882  contractor licensed under chapter 489, and shall be accompanied
  883  by all required exhibits and fees. No specific documentation of
  884  property ownership shall be required as a prerequisite to the
  885  review of an application or the issuance of a permit. The
  886  issuance of a permit does not constitute determination by the
  887  department of property ownership.
  888         (q) The department may not require any form of subdivision
  889  analysis of property by an owner, developer, or subdivider prior
  890  to submission of an application for an onsite sewage treatment
  891  and disposal system.
  892         (r) Nothing in this section limits the power of a
  893  municipality or county to enforce other laws for the protection
  894  of the public health and safety.
  895         (s) In the siting of onsite sewage treatment and disposal
  896  systems, including drainfields, shoulders, and slopes, guttering
  897  may shall not be required on single-family residential dwelling
  898  units for systems located greater than 5 feet from the roof drip
  899  line of the house. If guttering is used on residential dwelling
  900  units, the downspouts shall be directed away from the
  901  drainfield.
  902         (t) Notwithstanding the provisions of subparagraph (g)1.,
  903  onsite sewage treatment and disposal systems located in
  904  floodways of the Suwannee and Aucilla Rivers must adhere to the
  905  following requirements:
  906         1. The absorption surface of the drainfield may shall not
  907  be subject to flooding based on 10-year flood elevations.
  908  Provided, however, for lots or parcels created by the
  909  subdivision of land in accordance with applicable local
  910  government regulations prior to January 17, 1990, if an
  911  applicant cannot construct a drainfield system with the
  912  absorption surface of the drainfield at an elevation equal to or
  913  above 10-year flood elevation, the department shall issue a
  914  permit for an onsite sewage treatment and disposal system within
  915  the 10-year floodplain of rivers, streams, and other bodies of
  916  flowing water if all of the following criteria are met:
  917         a. The lot is at least one-half acre in size;
  918         b. The bottom of the drainfield is at least 36 inches above
  919  the 2-year flood elevation; and
  920         c. The applicant installs either: a waterless,
  921  incinerating, or organic waste composting toilet and a graywater
  922  system and drainfield in accordance with department rules; an
  923  aerobic treatment unit and drainfield in accordance with
  924  department rules; a system approved by the State Health Office
  925  that is capable of reducing effluent nitrate by at least 50
  926  percent; or a system approved by the county health department
  927  pursuant to department rule other than a system using
  928  alternative drainfield materials. The United States Department
  929  of Agriculture Soil Conservation Service soil maps, State of
  930  Florida Water Management District data, and Federal Emergency
  931  Management Agency Flood Insurance maps are resources that shall
  932  be used to identify flood-prone areas.
  933         2. The use of fill or mounding to elevate a drainfield
  934  system out of the 10-year floodplain of rivers, streams, or
  935  other bodies of flowing water may shall not be permitted if such
  936  a system lies within a regulatory floodway of the Suwannee and
  937  Aucilla Rivers. In cases where the 10-year flood elevation does
  938  not coincide with the boundaries of the regulatory floodway, the
  939  regulatory floodway will be considered for the purposes of this
  940  subsection to extend at a minimum to the 10-year flood
  941  elevation.
  942         (u)1. The owner of an aerobic treatment unit system shall
  943  maintain a current maintenance service agreement with an aerobic
  944  treatment unit maintenance entity permitted by the department.
  945  The maintenance entity shall inspect each aerobic treatment unit
  946  system at least twice each year and shall report quarterly to
  947  the department on the number of aerobic treatment unit systems
  948  inspected and serviced. The reports may be submitted
  949  electronically.
  950         2. The property owner of an owner-occupied, single-family
  951  residence may be approved and permitted by the department as a
  952  maintenance entity for his or her own aerobic treatment unit
  953  system upon written certification from the system manufacturer’s
  954  approved representative that the property owner has received
  955  training on the proper installation and service of the system.
  956  The maintenance entity service agreement must conspicuously
  957  disclose that the property owner has the right to maintain his
  958  or her own system and is exempt from contractor registration
  959  requirements for performing construction, maintenance, or
  960  repairs on the system but is subject to all permitting
  961  requirements.
  962         3. A septic tank contractor licensed under part III of
  963  chapter 489, if approved by the manufacturer, may not be denied
  964  access by the manufacturer to aerobic treatment unit system
  965  training or spare parts for maintenance entities. After the
  966  original warranty period, component parts for an aerobic
  967  treatment unit system may be replaced with parts that meet
  968  manufacturer’s specifications but are manufactured by others.
  969  The maintenance entity shall maintain documentation of the
  970  substitute part’s equivalency for 2 years and shall provide such
  971  documentation to the department upon request.
  972         4. The owner of an aerobic treatment unit system shall
  973  obtain a system operating permit from the department and allow
  974  the department to inspect during reasonable hours each aerobic
  975  treatment unit system at least annually, and such inspection may
  976  include collection and analysis of system-effluent samples for
  977  performance criteria established by rule of the department.
  978         (v) The department may require the submission of detailed
  979  system construction plans that are prepared by a professional
  980  engineer registered in this state. The department shall
  981  establish by rule criteria for determining when such a
  982  submission is required.
  983         (w) Any permit issued and approved by the department for
  984  the installation, modification, or repair of an onsite sewage
  985  treatment and disposal system shall transfer with the title to
  986  the property in a real estate transaction. A title may not be
  987  encumbered at the time of transfer by new permit requirements by
  988  a governmental entity for an onsite sewage treatment and
  989  disposal system which differ from the permitting requirements in
  990  effect at the time the system was permitted, modified, or
  991  repaired. An inspection of a system may not be mandated by a
  992  governmental entity at the point of sale in a real estate
  993  transaction. This paragraph does not affect a septic tank phase
  994  out deferral program implemented by a consolidated government as
  995  defined in s. 9, Art. VIII of the State Constitution (1885).
  996         (x) A governmental entity, including a municipality,
  997  county, or statutorily created commission, may not require an
  998  engineer-designed performance-based treatment system, excluding
  999  a passive engineer-designed performance-based treatment system,
 1000  before the completion of the Florida Onsite Sewage Nitrogen
 1001  Reduction Strategies Project. This paragraph does not apply to a
 1002  governmental entity, including a municipality, county, or
 1003  statutorily created commission, which adopted a local law,
 1004  ordinance, or regulation on or before January 31, 2012.
 1005  Notwithstanding this paragraph, an engineer-designed
 1006  performance-based treatment system may be used to meet the
 1007  requirements of the variance review and advisory committee
 1008  recommendations.
 1009         (y)1. An onsite sewage treatment and disposal system is not
 1010  considered abandoned if the system is disconnected from a
 1011  structure that was made unusable or destroyed following a
 1012  disaster and if the system was properly functioning at the time
 1013  of disconnection and was not adversely affected by the disaster.
 1014  The onsite sewage treatment and disposal system may be
 1015  reconnected to a rebuilt structure if:
 1016         a. The reconnection of the system is to the same type of
 1017  structure which contains the same number of bedrooms or fewer,
 1018  if the square footage of the structure is less than or equal to
 1019  110 percent of the original square footage of the structure that
 1020  existed before the disaster;
 1021         b. The system is not a sanitary nuisance; and
 1022         c. The system has not been altered without prior
 1023  authorization.
 1024         2. An onsite sewage treatment and disposal system that
 1025  serves a property that is foreclosed upon is not considered
 1026  abandoned.
 1027         (z) If an onsite sewage treatment and disposal system
 1028  permittee receives, relies upon, and undertakes construction of
 1029  a system based upon a validly issued construction permit under
 1030  rules applicable at the time of construction but a change to a
 1031  rule occurs within 5 years after the approval of the system for
 1032  construction but before the final approval of the system, the
 1033  rules applicable and in effect at the time of construction
 1034  approval apply at the time of final approval if fundamental site
 1035  conditions have not changed between the time of construction
 1036  approval and final approval.
 1037         (aa) An existing-system inspection or evaluation and
 1038  assessment, or a modification, replacement, or upgrade of an
 1039  onsite sewage treatment and disposal system is not required for
 1040  a remodeling addition or modification to a single-family home if
 1041  a bedroom is not added. However, a remodeling addition or
 1042  modification to a single-family home may not cover any part of
 1043  the existing system or encroach upon a required setback or the
 1044  unobstructed area. To determine if a setback or the unobstructed
 1045  area is impacted, the local health department shall review and
 1046  verify a floor plan and site plan of the proposed remodeling
 1047  addition or modification to the home submitted by a remodeler
 1048  which shows the location of the system, including the distance
 1049  of the remodeling addition or modification to the home from the
 1050  onsite sewage treatment and disposal system. The local health
 1051  department may visit the site or otherwise determine the best
 1052  means of verifying the information submitted. A verification of
 1053  the location of a system is not an inspection or evaluation and
 1054  assessment of the system. The review and verification must be
 1055  completed within 7 business days after receipt by the local
 1056  health department of a floor plan and site plan. If the review
 1057  and verification is not completed within such time, the
 1058  remodeling addition or modification to the single-family home,
 1059  for the purposes of this paragraph, is approved.
 1060         Section 5. Section 381.00652, Florida Statutes, is created
 1061  to read:
 1062         381.00652 Onsite sewage treatment and disposal systems
 1063  technical advisory committee.—
 1064         (1)An onsite sewage treatment and disposal systems
 1065  technical advisory committee, a committee as defined in s.
 1066  20.03(8), is created within the department. The committee shall:
 1067         (a)Provide recommendations to increase the availability in
 1068  the marketplace of nutrient-removing onsite sewage treatment and
 1069  disposal systems, including systems that are cost-effective,
 1070  low-maintenance, and reliable.
 1071         (b)Consider and recommend regulatory options, such as
 1072  fast-track approval, prequalification, or expedited permitting,
 1073  to facilitate the introduction and use of nutrient-removing
 1074  onsite sewage treatment and disposal systems that have been
 1075  reviewed and approved by a national agency or organization, such
 1076  as the American National Standards Institute 245 systems
 1077  approved by the National Sanitation Foundation International.
 1078         (c)Provide recommendations for appropriate setback
 1079  distances for onsite sewage treatment and disposal systems from
 1080  surface water, groundwater, and wells.
 1081         (2)The department shall use existing and available
 1082  resources to administer and support the activities of the
 1083  committee.
 1084         (3)(a)By August 1, 2021, the department, in consultation
 1085  with the Department of Health, shall appoint no more than nine
 1086  members to the committee, including, but not limited to, the
 1087  following:
 1088         1.A professional engineer.
 1089         2.A septic tank contractor.
 1090         3.A representative from the home building industry.
 1091         4.A representative from the real estate industry.
 1092         5.A representative from the onsite sewage treatment and
 1093  disposal system industry.
 1094         6.A representative from local government.
 1095         7.Two representatives from the environmental community.
 1096         8.A representative of the scientific and technical
 1097  community who has substantial expertise in the areas of the fate
 1098  and transport of water pollutants, toxicology, epidemiology,
 1099  geology, biology, or environmental sciences.
 1100         (b)Members shall serve without compensation and are not
 1101  entitled to reimbursement for per diem or travel expenses.
 1102         (4)By January 1, 2022, the committee shall submit its
 1103  recommendations to the Governor, the President of the Senate,
 1104  and the Speaker of the House of Representatives.
 1105         (5)This section expires August 15, 2022.
 1106         (6)For purposes of this section, the term “department”
 1107  means the Department of Environmental Protection.
 1108         Section 6. Effective July 1, 2021, section 381.0068,
 1109  Florida Statutes, is repealed.
 1110         Section 7. Present subsections (14) through (44) of section
 1111  403.061, Florida Statutes, are redesignated as subsections (15)
 1112  through (45), respectively, a new subsection (14) is added to
 1113  that section, and subsection (7) of that section is amended, to
 1114  read:
 1115         403.061 Department; powers and duties.—The department shall
 1116  have the power and the duty to control and prohibit pollution of
 1117  air and water in accordance with the law and rules adopted and
 1118  promulgated by it and, for this purpose, to:
 1119         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1120  implement the provisions of this act. Any rule adopted pursuant
 1121  to this act must shall be consistent with the provisions of
 1122  federal law, if any, relating to control of emissions from motor
 1123  vehicles, effluent limitations, pretreatment requirements, or
 1124  standards of performance. A No county, municipality, or
 1125  political subdivision may not shall adopt or enforce any local
 1126  ordinance, special law, or local regulation requiring the
 1127  installation of Stage II vapor recovery systems, as currently
 1128  defined by department rule, unless such county, municipality, or
 1129  political subdivision is or has been in the past designated by
 1130  federal regulation as a moderate, serious, or severe ozone
 1131  nonattainment area. Rules adopted pursuant to this act may shall
 1132  not require dischargers of waste into waters of the state to
 1133  improve natural background conditions. The department shall
 1134  adopt rules to reasonably limit, reduce, and eliminate leaks,
 1135  seepages, or inputs into the underground pipes of wastewater
 1136  collection systems. Discharges from steam electric generating
 1137  plants existing or licensed under this chapter on July 1, 1984,
 1138  may shall not be required to be treated to a greater extent than
 1139  may be necessary to assure that the quality of nonthermal
 1140  components of discharges from nonrecirculated cooling water
 1141  systems is as high as the quality of the makeup waters; that the
 1142  quality of nonthermal components of discharges from recirculated
 1143  cooling water systems is no lower than is allowed for blowdown
 1144  from such systems; or that the quality of noncooling system
 1145  discharges which receive makeup water from a receiving body of
 1146  water which does not meet applicable department water quality
 1147  standards is as high as the quality of the receiving body of
 1148  water. The department may not adopt standards more stringent
 1149  than federal regulations, except as provided in s. 403.804.
 1150         (14)In order to promote resilient utilities, require
 1151  public utilities or their affiliated companies that hold or are
 1152  seeking a wastewater discharge permit to file reports and other
 1153  data regarding transactions or allocations of common costs among
 1154  the utility or entity and such affiliated companies. The
 1155  department may require such reports or other data necessary to
 1156  ensure a permitted entity is reporting expenditures on pollution
 1157  mitigation and prevention, including, but not limited to, the
 1158  prevention of sanitary sewer overflows, collection and
 1159  transmission system pipe leakages, and inflow and infiltration.
 1160  The department shall adopt rules to implement this subsection.
 1161  
 1162  The department shall implement such programs in conjunction with
 1163  its other powers and duties and shall place special emphasis on
 1164  reducing and eliminating contamination that presents a threat to
 1165  humans, animals or plants, or to the environment.
 1166         Section 8. Section 403.0616, Florida Statutes, is created
 1167  to read:
 1168         403.0616Real-time water quality monitoring program.–
 1169         (1) Subject to appropriation, the department shall
 1170  establish a real-time water quality monitoring program to assist
 1171  in the restoration, preservation, and enhancement of impaired
 1172  waterbodies and coastal resources.
 1173         (2)In order to expedite the creation and implementation of
 1174  the program, the department is encouraged to form public-private
 1175  partnerships with established scientific entities that have
 1176  proven existing real-time water quality monitoring equipment and
 1177  experience in deploying the equipment.
 1178         Section 9. Subsection (7) of section 403.067, Florida
 1179  Statutes, is amended to read:
 1180         403.067 Establishment and implementation of total maximum
 1181  daily loads.—
 1182         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1183  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1184         (a) Basin management action plans.—
 1185         1. In developing and implementing the total maximum daily
 1186  load for a water body, the department, or the department in
 1187  conjunction with a water management district, may develop a
 1188  basin management action plan that addresses some or all of the
 1189  watersheds and basins tributary to the water body. Such plan
 1190  must integrate the appropriate management strategies available
 1191  to the state through existing water quality protection programs
 1192  to achieve the total maximum daily loads and may provide for
 1193  phased implementation of these management strategies to promote
 1194  timely, cost-effective actions as provided for in s. 403.151.
 1195  The plan must establish a schedule implementing the management
 1196  strategies, establish a basis for evaluating the plan’s
 1197  effectiveness, and identify feasible funding strategies for
 1198  implementing the plan’s management strategies. The management
 1199  strategies may include regional treatment systems or other
 1200  public works, where appropriate, and voluntary trading of water
 1201  quality credits to achieve the needed pollutant load reductions.
 1202         2. A basin management action plan must equitably allocate,
 1203  pursuant to paragraph (6)(b), pollutant reductions to individual
 1204  basins, as a whole to all basins, or to each identified point
 1205  source or category of nonpoint sources, as appropriate. For
 1206  nonpoint sources for which best management practices have been
 1207  adopted, the initial requirement specified by the plan must be
 1208  those practices developed pursuant to paragraph (c). When Where
 1209  appropriate, the plan may take into account the benefits of
 1210  pollutant load reduction achieved by point or nonpoint sources
 1211  that have implemented management strategies to reduce pollutant
 1212  loads, including best management practices, before the
 1213  development of the basin management action plan. The plan must
 1214  also identify the mechanisms that will address potential future
 1215  increases in pollutant loading.
 1216         3. The basin management action planning process is intended
 1217  to involve the broadest possible range of interested parties,
 1218  with the objective of encouraging the greatest amount of
 1219  cooperation and consensus possible. In developing a basin
 1220  management action plan, the department shall assure that key
 1221  stakeholders, including, but not limited to, applicable local
 1222  governments, water management districts, the Department of
 1223  Agriculture and Consumer Services, other appropriate state
 1224  agencies, local soil and water conservation districts,
 1225  environmental groups, regulated interests, and affected
 1226  pollution sources, are invited to participate in the process.
 1227  The department shall hold at least one public meeting in the
 1228  vicinity of the watershed or basin to discuss and receive
 1229  comments during the planning process and shall otherwise
 1230  encourage public participation to the greatest practicable
 1231  extent. Notice of the public meeting must be published in a
 1232  newspaper of general circulation in each county in which the
 1233  watershed or basin lies at least not less than 5 days, but not
 1234  nor more than 15 days, before the public meeting. A basin
 1235  management action plan does not supplant or otherwise alter any
 1236  assessment made under subsection (3) or subsection (4) or any
 1237  calculation or initial allocation.
 1238         4. Each new or revised basin management action plan shall
 1239  include:
 1240         a. The appropriate management strategies available through
 1241  existing water quality protection programs to achieve total
 1242  maximum daily loads, which may provide for phased implementation
 1243  to promote timely, cost-effective actions as provided for in s.
 1244  403.151;
 1245         b. A description of best management practices adopted by
 1246  rule;
 1247         c. A list of projects in priority ranking with a planning
 1248  level cost estimate and estimated date of completion for each
 1249  listed project;
 1250         d. The source and amount of financial assistance to be made
 1251  available by the department, a water management district, or
 1252  other entity for each listed project, if applicable; and
 1253         e. A planning-level estimate of each listed project’s
 1254  expected load reduction, if applicable.
 1255         5. The department shall adopt all or any part of a basin
 1256  management action plan and any amendment to such plan by
 1257  secretarial order pursuant to chapter 120 to implement the
 1258  provisions of this section.
 1259         6. The basin management action plan must include milestones
 1260  for implementation and water quality improvement, and an
 1261  associated water quality monitoring component sufficient to
 1262  evaluate whether reasonable progress in pollutant load
 1263  reductions is being achieved over time. An assessment of
 1264  progress toward these milestones shall be conducted every 5
 1265  years, and revisions to the plan shall be made as appropriate.
 1266  Revisions to the basin management action plan shall be made by
 1267  the department in cooperation with basin stakeholders. Revisions
 1268  to the management strategies required for nonpoint sources must
 1269  follow the procedures set forth in subparagraph (c)4. Revised
 1270  basin management action plans must be adopted pursuant to
 1271  subparagraph 5.
 1272         7. In accordance with procedures adopted by rule under
 1273  paragraph (9)(c), basin management action plans, and other
 1274  pollution control programs under local, state, or federal
 1275  authority as provided in subsection (4), may allow point or
 1276  nonpoint sources that will achieve greater pollutant reductions
 1277  than required by an adopted total maximum daily load or
 1278  wasteload allocation to generate, register, and trade water
 1279  quality credits for the excess reductions to enable other
 1280  sources to achieve their allocation; however, the generation of
 1281  water quality credits does not remove the obligation of a source
 1282  or activity to meet applicable technology requirements or
 1283  adopted best management practices. Such plans must allow trading
 1284  between NPDES permittees, and trading that may or may not
 1285  involve NPDES permittees, where the generation or use of the
 1286  credits involve an entity or activity not subject to department
 1287  water discharge permits whose owner voluntarily elects to obtain
 1288  department authorization for the generation and sale of credits.
 1289         8. The provisions of The department’s rule relating to the
 1290  equitable abatement of pollutants into surface waters do not
 1291  apply to water bodies or water body segments for which a basin
 1292  management plan that takes into account future new or expanded
 1293  activities or discharges has been adopted under this section.
 1294         9.In order to promote resilient utilities, if the
 1295  department identifies domestic wastewater facilities or onsite
 1296  sewage treatment and disposal systems as contributors of at
 1297  least 20 percent of point source or nonpoint source nutrient
 1298  pollution or if the department determines remediation is
 1299  necessary to achieve the total maximum daily load, a basin
 1300  management action plan for a nutrient total maximum daily load
 1301  must include the following:
 1302         a.A wastewater treatment plan that addresses domestic
 1303  wastewater developed by each local government in cooperation
 1304  with the department, the water management district, and the
 1305  public and private domestic wastewater facilities within the
 1306  jurisdiction of the local government. The wastewater treatment
 1307  plan must:
 1308         (I)Provide for construction, expansion, or upgrades
 1309  necessary to achieve the total maximum daily load requirements
 1310  applicable to the domestic wastewater facility.
 1311         (II)Include the permitted capacity in gallons per day for
 1312  the domestic wastewater facility; the average nutrient
 1313  concentration and the estimated average nutrient load of the
 1314  domestic wastewater; a timeline of the dates by which the
 1315  construction of any facility improvements will begin and be
 1316  completed and the date by which operations of the improved
 1317  facility will begin; the estimated cost of the improvements; and
 1318  the identity of responsible parties.
 1319  
 1320  The wastewater treatment plan must be adopted as part of the
 1321  basin management action plan no later than July 1, 2025. A local
 1322  government that does not have a domestic wastewater treatment
 1323  facility in its jurisdiction is not required to develop a
 1324  wastewater treatment plan unless there is a demonstrated need to
 1325  establish a domestic wastewater treatment facility within its
 1326  jurisdiction to improve water quality necessary to achieve a
 1327  total maximum daily load.
 1328         b.An onsite sewage treatment and disposal system
 1329  remediation plan developed by each local government in
 1330  cooperation with the department, the Department of Health, water
 1331  management districts, and public and private domestic wastewater
 1332  facilities.
 1333         (I)The onsite sewage treatment and disposal system
 1334  remediation plan must identify cost-effective and financially
 1335  feasible projects necessary to achieve the nutrient load
 1336  reductions required for onsite sewage treatment and disposal
 1337  systems. To identify cost-effective and financially feasible
 1338  projects for remediation of onsite sewage treatment and disposal
 1339  systems, the local government shall:
 1340         (A)Include an inventory of onsite sewage treatment and
 1341  disposal systems based on the best information available;
 1342         (B)Identify onsite sewage treatment and disposal systems
 1343  that would be eliminated through connection to existing or
 1344  future central wastewater infrastructure, that would be replaced
 1345  with or upgraded to advanced nutrient-removal systems, or that
 1346  would remain on conventional onsite sewage treatment and
 1347  disposal systems;
 1348         (C)Estimate the costs of potential onsite sewage treatment
 1349  and disposal systems connections, upgrades, or replacements; and
 1350         (D)Identify deadlines and interim milestones for the
 1351  planning, design, and construction of projects.
 1352         (II)The department shall adopt the onsite sewage treatment
 1353  and disposal system remediation plan as part of the basin
 1354  management action plan no later than July 1, 2025, or as
 1355  required for Outstanding Florida Springs under s. 373.807.
 1356         10.When identifying wastewater projects in a basin
 1357  management action plan, the department may not require the
 1358  higher cost option if it achieves the same nutrient load
 1359  reduction as a lower cost option.
 1360         (b) Total maximum daily load implementation.—
 1361         1. The department shall be the lead agency in coordinating
 1362  the implementation of the total maximum daily loads through
 1363  existing water quality protection programs. Application of a
 1364  total maximum daily load by a water management district must be
 1365  consistent with this section and does not require the issuance
 1366  of an order or a separate action pursuant to s. 120.536(1) or s.
 1367  120.54 for the adoption of the calculation and allocation
 1368  previously established by the department. Such programs may
 1369  include, but are not limited to:
 1370         a. Permitting and other existing regulatory programs,
 1371  including water-quality-based effluent limitations;
 1372         b. Nonregulatory and incentive-based programs, including
 1373  best management practices, cost sharing, waste minimization,
 1374  pollution prevention, agreements established pursuant to s.
 1375  403.061(22) s. 403.061(21), and public education;
 1376         c. Other water quality management and restoration
 1377  activities, for example surface water improvement and management
 1378  plans approved by water management districts or basin management
 1379  action plans developed pursuant to this subsection;
 1380         d. Trading of water quality credits or other equitable
 1381  economically based agreements;
 1382         e. Public works including capital facilities; or
 1383         f. Land acquisition.
 1384         2. For a basin management action plan adopted pursuant to
 1385  paragraph (a), any management strategies and pollutant reduction
 1386  requirements associated with a pollutant of concern for which a
 1387  total maximum daily load has been developed, including effluent
 1388  limits set forth for a discharger subject to NPDES permitting,
 1389  if any, must be included in a timely manner in subsequent NPDES
 1390  permits or permit modifications for that discharger. The
 1391  department may not impose limits or conditions implementing an
 1392  adopted total maximum daily load in an NPDES permit until the
 1393  permit expires, the discharge is modified, or the permit is
 1394  reopened pursuant to an adopted basin management action plan.
 1395         a. Absent a detailed allocation, total maximum daily loads
 1396  must be implemented through NPDES permit conditions that provide
 1397  for a compliance schedule. In such instances, a facility’s NPDES
 1398  permit must allow time for the issuance of an order adopting the
 1399  basin management action plan. The time allowed for the issuance
 1400  of an order adopting the plan may not exceed 5 years. Upon
 1401  issuance of an order adopting the plan, the permit must be
 1402  reopened or renewed, as necessary, and permit conditions
 1403  consistent with the plan must be established. Notwithstanding
 1404  the other provisions of this subparagraph, upon request by an
 1405  NPDES permittee, the department as part of a permit issuance,
 1406  renewal, or modification may establish individual allocations
 1407  before the adoption of a basin management action plan.
 1408         b. For holders of NPDES municipal separate storm sewer
 1409  system permits and other stormwater sources, implementation of a
 1410  total maximum daily load or basin management action plan must be
 1411  achieved, to the maximum extent practicable, through the use of
 1412  best management practices or other management measures.
 1413         c. The basin management action plan does not relieve the
 1414  discharger from any requirement to obtain, renew, or modify an
 1415  NPDES permit or to abide by other requirements of the permit.
 1416         d. Management strategies set forth in a basin management
 1417  action plan to be implemented by a discharger subject to
 1418  permitting by the department must be completed pursuant to the
 1419  schedule set forth in the basin management action plan. This
 1420  implementation schedule may extend beyond the 5-year term of an
 1421  NPDES permit.
 1422         e. Management strategies and pollution reduction
 1423  requirements set forth in a basin management action plan for a
 1424  specific pollutant of concern are not subject to challenge under
 1425  chapter 120 at the time they are incorporated, in an identical
 1426  form, into a subsequent NPDES permit or permit modification.
 1427         f. For nonagricultural pollutant sources not subject to
 1428  NPDES permitting but permitted pursuant to other state,
 1429  regional, or local water quality programs, the pollutant
 1430  reduction actions adopted in a basin management action plan must
 1431  be implemented to the maximum extent practicable as part of
 1432  those permitting programs.
 1433         g. A nonpoint source discharger included in a basin
 1434  management action plan must demonstrate compliance with the
 1435  pollutant reductions established under subsection (6) by
 1436  implementing the appropriate best management practices
 1437  established pursuant to paragraph (c) or conducting water
 1438  quality monitoring prescribed by the department or a water
 1439  management district. A nonpoint source discharger may, in
 1440  accordance with department rules, supplement the implementation
 1441  of best management practices with water quality credit trades in
 1442  order to demonstrate compliance with the pollutant reductions
 1443  established under subsection (6).
 1444         h. A nonpoint source discharger included in a basin
 1445  management action plan may be subject to enforcement action by
 1446  the department or a water management district based upon a
 1447  failure to implement the responsibilities set forth in sub
 1448  subparagraph g.
 1449         i. A landowner, discharger, or other responsible person who
 1450  is implementing applicable management strategies specified in an
 1451  adopted basin management action plan may not be required by
 1452  permit, enforcement action, or otherwise to implement additional
 1453  management strategies, including water quality credit trading,
 1454  to reduce pollutant loads to attain the pollutant reductions
 1455  established pursuant to subsection (6) and shall be deemed to be
 1456  in compliance with this section. This subparagraph does not
 1457  limit the authority of the department to amend a basin
 1458  management action plan as specified in subparagraph (a)6.
 1459         (c) Best management practices.—
 1460         1. The department, in cooperation with the water management
 1461  districts and other interested parties, as appropriate, may
 1462  develop suitable interim measures, best management practices, or
 1463  other measures necessary to achieve the level of pollution
 1464  reduction established by the department for nonagricultural
 1465  nonpoint pollutant sources in allocations developed pursuant to
 1466  subsection (6) and this subsection. These practices and measures
 1467  may be adopted by rule by the department and the water
 1468  management districts and, where adopted by rule, shall be
 1469  implemented by those parties responsible for nonagricultural
 1470  nonpoint source pollution.
 1471         2. The Department of Agriculture and Consumer Services may
 1472  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1473  suitable interim measures, best management practices, or other
 1474  measures necessary to achieve the level of pollution reduction
 1475  established by the department for agricultural pollutant sources
 1476  in allocations developed pursuant to subsection (6) and this
 1477  subsection or for programs implemented pursuant to paragraph
 1478  (12)(b). These practices and measures may be implemented by
 1479  those parties responsible for agricultural pollutant sources and
 1480  the department, the water management districts, and the
 1481  Department of Agriculture and Consumer Services shall assist
 1482  with implementation. In the process of developing and adopting
 1483  rules for interim measures, best management practices, or other
 1484  measures, the Department of Agriculture and Consumer Services
 1485  shall consult with the department, the Department of Health, the
 1486  water management districts, representatives from affected
 1487  farming groups, and environmental group representatives. Such
 1488  rules must also incorporate provisions for a notice of intent to
 1489  implement the practices and a system to assure the
 1490  implementation of the practices, including site inspection and
 1491  recordkeeping requirements.
 1492         3. Where interim measures, best management practices, or
 1493  other measures are adopted by rule, the effectiveness of such
 1494  practices in achieving the levels of pollution reduction
 1495  established in allocations developed by the department pursuant
 1496  to subsection (6) and this subsection or in programs implemented
 1497  pursuant to paragraph (12)(b) must be verified at representative
 1498  sites by the department. The department shall use best
 1499  professional judgment in making the initial verification that
 1500  the best management practices are reasonably expected to be
 1501  effective and, where applicable, must notify the appropriate
 1502  water management district or the Department of Agriculture and
 1503  Consumer Services of its initial verification before the
 1504  adoption of a rule proposed pursuant to this paragraph.
 1505  Implementation, in accordance with rules adopted under this
 1506  paragraph, of practices that have been initially verified to be
 1507  effective, or verified to be effective by monitoring at
 1508  representative sites, by the department, shall provide a
 1509  presumption of compliance with state water quality standards and
 1510  release from the provisions of s. 376.307(5) for those
 1511  pollutants addressed by the practices, and the department is not
 1512  authorized to institute proceedings against the owner of the
 1513  source of pollution to recover costs or damages associated with
 1514  the contamination of surface water or groundwater caused by
 1515  those pollutants. Research projects funded by the department, a
 1516  water management district, or the Department of Agriculture and
 1517  Consumer Services to develop or demonstrate interim measures or
 1518  best management practices shall be granted a presumption of
 1519  compliance with state water quality standards and a release from
 1520  the provisions of s. 376.307(5). The presumption of compliance
 1521  and release is limited to the research site and only for those
 1522  pollutants addressed by the interim measures or best management
 1523  practices. Eligibility for the presumption of compliance and
 1524  release is limited to research projects on sites where the owner
 1525  or operator of the research site and the department, a water
 1526  management district, or the Department of Agriculture and
 1527  Consumer Services have entered into a contract or other
 1528  agreement that, at a minimum, specifies the research objectives,
 1529  the cost-share responsibilities of the parties, and a schedule
 1530  that details the beginning and ending dates of the project.
 1531         4. Where water quality problems are demonstrated, despite
 1532  the appropriate implementation, operation, and maintenance of
 1533  best management practices and other measures required by rules
 1534  adopted under this paragraph, the department, a water management
 1535  district, or the Department of Agriculture and Consumer
 1536  Services, in consultation with the department, shall institute a
 1537  reevaluation of the best management practice or other measure.
 1538  Should the reevaluation determine that the best management
 1539  practice or other measure requires modification, the department,
 1540  a water management district, or the Department of Agriculture
 1541  and Consumer Services, as appropriate, shall revise the rule to
 1542  require implementation of the modified practice within a
 1543  reasonable time period as specified in the rule.
 1544         5. The Department of Agriculture and Consumer Services
 1545  shall collect fertilization and nutrient records from each
 1546  agricultural producer enrolled in best management practices that
 1547  address nutrients. These records must include rates of
 1548  application in pounds per acre; application method; fertilizer
 1549  type or source; acres covered; formulation of the applied
 1550  fertilizer, including nitrogen and phosphorus content; location;
 1551  grade; and dates applied. By each March 1, the Department of
 1552  Agriculture and Consumer Services shall provide the previous
 1553  year’s records to the department.
 1554         6. Agricultural records relating to processes or methods of
 1555  production, costs of production, profits, or other financial
 1556  information held by the Department of Agriculture and Consumer
 1557  Services pursuant to subparagraphs 3. and 4. or pursuant to any
 1558  rule adopted pursuant to subparagraph 2. are confidential and
 1559  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1560  Constitution. Upon request, records made confidential and exempt
 1561  pursuant to this subparagraph shall be released to the
 1562  department or any water management district provided that the
 1563  confidentiality specified by this subparagraph for such records
 1564  is maintained.
 1565         7.6.The provisions of Subparagraphs 1. and 2. do not
 1566  preclude the department or water management district from
 1567  requiring compliance with water quality standards or with
 1568  current best management practice requirements set forth in any
 1569  applicable regulatory program authorized by law for the purpose
 1570  of protecting water quality. Additionally, subparagraphs 1. and
 1571  2. are applicable only to the extent that they do not conflict
 1572  with any rules adopted by the department that are necessary to
 1573  maintain a federally delegated or approved program.
 1574         (d) Enforcement and verification of basin management action
 1575  plans and management strategies.—
 1576         1. Basin management action plans are enforceable pursuant
 1577  to this section and ss. 403.121, 403.141, and 403.161.
 1578  Management strategies, including best management practices and
 1579  water quality monitoring, are enforceable under this chapter.
 1580         2. No later than January 1, 2017:
 1581         a. The department, in consultation with the water
 1582  management districts and the Department of Agriculture and
 1583  Consumer Services, shall initiate rulemaking to adopt procedures
 1584  to verify implementation of water quality monitoring required in
 1585  lieu of implementation of best management practices or other
 1586  measures pursuant to sub-subparagraph (b)2.g.;
 1587         b. The department, in consultation with the water
 1588  management districts and the Department of Agriculture and
 1589  Consumer Services, shall initiate rulemaking to adopt procedures
 1590  to verify implementation of nonagricultural interim measures,
 1591  best management practices, or other measures adopted by rule
 1592  pursuant to subparagraph (c)1.; and
 1593         c. The Department of Agriculture and Consumer Services, in
 1594  consultation with the water management districts and the
 1595  department, shall initiate rulemaking to adopt procedures to
 1596  verify implementation of agricultural interim measures, best
 1597  management practices, or other measures adopted by rule pursuant
 1598  to subparagraph(c)2.
 1599  
 1600  The rules required under this subparagraph shall include
 1601  enforcement procedures applicable to the landowner, discharger,
 1602  or other responsible person required to implement applicable
 1603  management strategies, including best management practices or
 1604  water quality monitoring as a result of noncompliance.
 1605         3.At least every 2 years, the Department of Agriculture
 1606  and Consumer Services shall perform onsite inspections of each
 1607  agricultural producer that enrolls in a best management practice
 1608  to ensure that such practice is being properly implemented.
 1609         (e)Data collection and research.—
 1610         1.The Department of Agriculture and Consumer Services, the
 1611  University of Florida Institute of Food and Agricultural
 1612  Sciences, and other state universities and Florida College
 1613  System institutions with agricultural research programs may
 1614  annually develop research plans and legislative budget requests
 1615  to:
 1616         a.Evaluate and suggest enhancements to the existing
 1617  adopted agricultural best management practices to reduce
 1618  nutrients;
 1619         b.Develop new best management practices that, if proven
 1620  effective, the Department of Agriculture and Consumer Services
 1621  may adopt by rule pursuant to paragraph 403.067(7)(c); and
 1622         c.Develop agricultural nutrient reduction projects that
 1623  willing participants could implement on a site-specific,
 1624  cooperative basis, in addition to best management practices. The
 1625  department may consider these projects for inclusion in a basin
 1626  management action plan. These nutrient reduction projects must
 1627  reduce the nutrient impacts from agricultural operations on
 1628  water quality when evaluated with the projects and management
 1629  strategies currently included in the basin management action
 1630  plan.
 1631         2.To be considered for funding, the University of Florida
 1632  Institute of Food and Agricultural Sciences and other state
 1633  universities and Florida College System institutions that have
 1634  agricultural research programs must submit such plans to the
 1635  department and the Department of Agriculture and Consumer
 1636  Services by August 1 of each year.
 1637         Section 10. Section 403.0673, Florida Statutes, is created
 1638  to read:
 1639         403.0673Wastewater grant program.—A wastewater grant
 1640  program is established within the Department of Environmental
 1641  Protection.
 1642         (1)Subject to the appropriation of funds by the
 1643  Legislature, the department may provide grants for the following
 1644  projects within a basin management action plan, an alternative
 1645  restoration plan adopted by final order, or a rural area of
 1646  opportunity under s. 288.0656 which will individually or
 1647  collectively reduce excess nutrient pollution:
 1648         (a)Projects to retrofit onsite sewage treatment and
 1649  disposal systems to upgrade them to nutrient-reducing onsite
 1650  sewage treatment and disposal systems.
 1651         (b)Projects to construct, upgrade, or expand facilities to
 1652  provide advanced waste treatment, as defined in s. 403.086(4).
 1653         (c)Projects to connect onsite sewage treatment and
 1654  disposal systems to central sewer facilities.
 1655         (2)In allocating such funds, priority must be given to
 1656  projects that subsidize the connection of onsite sewage
 1657  treatment and disposal systems to a wastewater treatment plant.
 1658  In determining priorities, the department shall consider the
 1659  estimated reduction in nutrient load per project; project
 1660  readiness; cost-effectiveness of the project; overall
 1661  environmental benefit of a project; the location of a project;
 1662  the availability of local matching funds; and projected water
 1663  savings or quantity improvements associated with a project.
 1664         (3)Each grant for a project described in subsection (1)
 1665  must require a minimum of a 50 percent local match of funds.
 1666  However, the department may, at its discretion, waive, in whole
 1667  or in part, this consideration of the local contribution for
 1668  proposed projects within an area designated as a rural area of
 1669  opportunity under s. 288.0656.
 1670         (4)The department shall coordinate with each water
 1671  management district, as necessary, to identify grant recipients
 1672  in each district.
 1673         (5)Beginning January 1, 2021, and each January 1
 1674  thereafter, the department shall submit a report regarding the
 1675  projects funded pursuant to this section to the Governor, the
 1676  President of the Senate, and the Speaker of the House of
 1677  Representatives.
 1678         Section 11. Section 403.0855, Florida Statutes, is created
 1679  to read:
 1680         403.0855 Biosolids management.—The Legislature finds that
 1681  it is in the best interest of this state to regulate biosolids
 1682  management in order to minimize the migration of nutrients that
 1683  impair waterbodies. The Legislature further finds that the
 1684  expedited implementation of the recommendations of the Biosolids
 1685  Technical Advisory Committee, including permitting according to
 1686  site-specific application conditions, an increased inspection
 1687  rate, groundwater and surface water monitoring protocols, and
 1688  nutrient management research, will improve biosolids management
 1689  and assist in protecting this state’s water resources and water
 1690  quality. The department shall adopt rules for biosolids
 1691  management. Rules adopted by the department pursuant to this
 1692  section before the 2021 regular legislative session are not
 1693  subject to s. 120.541(3).
 1694         Section 12. Present subsections (7) through (10) of section
 1695  403.086, Florida Statutes, are redesignated as subsections (8)
 1696  through (11), respectively, a new subsection (7) is added to
 1697  that section, and paragraph (c) of subsection (1) and subsection
 1698  (2) of that section are amended, to read:
 1699         403.086 Sewage disposal facilities; advanced and secondary
 1700  waste treatment.—
 1701         (1)
 1702         (c) Notwithstanding any other provisions of this chapter or
 1703  chapter 373, facilities for sanitary sewage disposal may not
 1704  dispose of any wastes into Old Tampa Bay, Tampa Bay,
 1705  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
 1706  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
 1707  or Charlotte Harbor Bay, Indian River Lagoon beginning July 1,
 1708  2025, or into any river, stream, channel, canal, bay, bayou,
 1709  sound, or other water tributary thereto, without providing
 1710  advanced waste treatment, as defined in subsection (4), approved
 1711  by the department. This paragraph shall not apply to facilities
 1712  which were permitted by February 1, 1987, and which discharge
 1713  secondary treated effluent, followed by water hyacinth
 1714  treatment, to tributaries of tributaries of the named waters; or
 1715  to facilities permitted to discharge to the nontidally
 1716  influenced portions of the Peace River.
 1717         (2) Any facilities for sanitary sewage disposal shall
 1718  provide for secondary waste treatment, a power outage
 1719  contingency plan that mitigates the impacts of power outages on
 1720  the utility’s collection system and pump stations, and, in
 1721  addition thereto, advanced waste treatment as deemed necessary
 1722  and ordered by the Department of Environmental Protection.
 1723  Failure to conform is shall be punishable by a civil penalty of
 1724  $500 for each 24-hour day or fraction thereof that such failure
 1725  is allowed to continue thereafter.
 1726         (7)All facilities for sanitary sewage under subsection (2)
 1727  which control a collection or transmission system of pipes and
 1728  pumps to collect and transmit wastewater from domestic or
 1729  industrial sources to the facility shall take steps to prevent
 1730  sanitary sewer overflows or underground pipe leaks and ensure
 1731  that collected waste water reaches the facility for appropriate
 1732  treatment. Facilities must use inflow and infiltration studies
 1733  and leakage surveys to develop pipe assessment, repair, and
 1734  replacement action plans that comply with department rule to
 1735  limit, reduce, and eliminate leaks, seepages, or inputs into
 1736  wastewater treatment systems’ underground pipes. The pipe
 1737  assessment, repair, and replacement action plans must be
 1738  reported to the department. The facility report must include
 1739  information regarding the annual expenditures dedicated to the
 1740  inflow and infiltration studies and the required replacement
 1741  action plans, as well as expenditures that are dedicated to pipe
 1742  assessment, repair, and replacement. The department shall adopt
 1743  rules regarding the implementation of inflow and infiltration
 1744  studies and leakage surveys. Substantial compliance with this
 1745  subsection is evidence in mitigation for the purposes of
 1746  assessing penalties pursuant to ss. 403.121 and 403.141.
 1747         Section 13. Present subsections (4) through (10) of section
 1748  403.087, Florida Statutes, are redesignated as subsections (5)
 1749  through (11), respectively, and a new subsection (4) is added to
 1750  that section, to read:
 1751         403.087 Permits; general issuance; denial; revocation;
 1752  prohibition; penalty.—
 1753         (4) The department shall issue an operation permit for a
 1754  domestic wastewater treatment facility other than a facility
 1755  regulated under the National Pollutant Discharge Elimination
 1756  System Program under s. 403.0885 for a term of up to 10 years if
 1757  the facility is meeting the stated goals in its action plan
 1758  adopted pursuant to s. 403.086(7).
 1759         Section 14. Present subsections (3) and (4) of section
 1760  403.088, Florida Statutes, are redesignated as subsections (4)
 1761  and (5), respectively, a new subsection (3) is added to that
 1762  section, and paragraph (c) of subsection (2) of that section is
 1763  amended, to read:
 1764         403.088 Water pollution operation permits; conditions.—
 1765         (2)
 1766         (c) A permit shall:
 1767         1. Specify the manner, nature, volume, and frequency of the
 1768  discharge permitted;
 1769         2. Require proper operation and maintenance of any
 1770  pollution abatement facility by qualified personnel in
 1771  accordance with standards established by the department;
 1772         3. Require a deliberate, proactive approach to
 1773  investigating or surveying a significant percentage of the
 1774  wastewater collection system throughout the duration of the
 1775  permit to determine pipe integrity, which must be accomplished
 1776  in an economically feasible manner. The permittee shall submit
 1777  an annual report to the department which details facility
 1778  revenues and expenditures in a manner prescribed by department
 1779  rule. The report must detail any deviation from annual
 1780  expenditures related to inflow and infiltration studies; model
 1781  plans for pipe assessment, repair, and replacement; and pipe
 1782  assessment, repair, and replacement required under s.
 1783  403.086(7). Substantial compliance with this subsection is
 1784  evidence in mitigation for the purposes of assessing penalties
 1785  pursuant to ss. 403.121 and 403.141;
 1786         4. Contain such additional conditions, requirements, and
 1787  restrictions as the department deems necessary to preserve and
 1788  protect the quality of the receiving waters;
 1789         5.4. Be valid for the period of time specified therein; and
 1790         6.5. Constitute the state National Pollutant Discharge
 1791  Elimination System permit when issued pursuant to the authority
 1792  in s. 403.0885.
 1793         (3)No later than March 1 of each year, the department
 1794  shall submit a report to the Governor, the President of the
 1795  Senate, and the Speaker of the House of Representatives which
 1796  identifies all wastewater utilities that experienced a sanitary
 1797  sewer overflow in the preceding calendar year. The report must
 1798  identify the utility name, operator, number of overflows, and
 1799  total quantity of discharge released. The department shall
 1800  include with this report the annual report specified under s.
 1801  403.088(2)(c)3. for each utility that experienced an overflow.
 1802         Section 15. Subsection (6) of section 403.0891, Florida
 1803  Statutes, is amended to read:
 1804         403.0891 State, regional, and local stormwater management
 1805  plans and programs.—The department, the water management
 1806  districts, and local governments shall have the responsibility
 1807  for the development of mutually compatible stormwater management
 1808  programs.
 1809         (6) The department and the Department of Economic
 1810  Opportunity, in cooperation with local governments in the
 1811  coastal zone, shall develop a model stormwater management
 1812  program that could be adopted by local governments. The model
 1813  program must contain model ordinances that target nutrient
 1814  reduction practices and use green infrastructure. The model
 1815  program shall contain dedicated funding options, including a
 1816  stormwater utility fee system based upon an equitable unit cost
 1817  approach. Funding options shall be designed to generate capital
 1818  to retrofit existing stormwater management systems, build new
 1819  treatment systems, operate facilities, and maintain and service
 1820  debt.
 1821         Section 16. Paragraph (b) of subsection (3) of section
 1822  403.121, Florida Statutes, is amended to read:
 1823         403.121 Enforcement; procedure; remedies.—The department
 1824  shall have the following judicial and administrative remedies
 1825  available to it for violations of this chapter, as specified in
 1826  s. 403.161(1).
 1827         (3) Except for violations involving hazardous wastes,
 1828  asbestos, or underground injection, administrative penalties
 1829  must be calculated according to the following schedule:
 1830         (b) For failure to obtain a required wastewater permit,
 1831  other than a permit required for surface water discharge, the
 1832  department shall assess a penalty of $1,000. For a domestic or
 1833  industrial wastewater violation not involving a surface water or
 1834  groundwater quality violation, the department shall assess a
 1835  penalty of $2,000 for an unpermitted or unauthorized discharge
 1836  or effluent-limitation exceedance or failure to survey an
 1837  adequate portion of the wastewater collection system and take
 1838  steps to reduce sanitary sewer overflows, pipe leaks, and inflow
 1839  and infiltration. For an unpermitted or unauthorized discharge
 1840  or effluent-limitation exceedance that resulted in a surface
 1841  water or groundwater quality violation, the department shall
 1842  assess a penalty of $5,000.
 1843         Section 17. Subsection (3) is added to section 403.885,
 1844  Florida Statutes, to read:
 1845         403.885 Water Projects Grant Program.—
 1846         (3) The department shall give funding priority to grant
 1847  proposals submitted by a domestic wastewater utility in
 1848  accordance with s. 403.1835 which implement the requirements of
 1849  ss. 403.086(7) or 403.088(2)(c).
 1850         Section 18. The Legislature determines and declares that
 1851  this act fulfills an important state interest.
 1852         Section 19. Effective July 1, 2021, subsection (5) of
 1853  section 153.54, Florida Statutes, is amended to read:
 1854         153.54 Preliminary report by county commissioners with
 1855  respect to creation of proposed district.—Upon receipt of a
 1856  petition duly signed by not less than 25 qualified electors who
 1857  are also freeholders residing within an area proposed to be
 1858  incorporated into a water and sewer district pursuant to this
 1859  law and describing in general terms the proposed boundaries of
 1860  such proposed district, the board of county commissioners if it
 1861  shall deem it necessary and advisable to create and establish
 1862  such proposed district for the purpose of constructing,
 1863  establishing or acquiring a water system or a sewer system or
 1864  both in and for such district (herein called “improvements”),
 1865  shall first cause a preliminary report to be made which such
 1866  report together with any other relevant or pertinent matters,
 1867  shall include at least the following:
 1868         (5) For the construction of a new proposed central sewerage
 1869  system or the extension of an existing sewerage system that was
 1870  not previously approved, the report shall include a study that
 1871  includes the available information from the Department of
 1872  Environmental Protection Health on the history of onsite sewage
 1873  treatment and disposal systems currently in use in the area and
 1874  a comparison of the projected costs to the owner of a typical
 1875  lot or parcel of connecting to and using the proposed sewerage
 1876  system versus installing, operating, and properly maintaining an
 1877  onsite sewage treatment and disposal system that is approved by
 1878  the Department of Environmental Protection Health and that
 1879  provides for the comparable level of environmental and health
 1880  protection as the proposed central sewerage system;
 1881  consideration of the local authority’s obligations or reasonably
 1882  anticipated obligations for water body cleanup and protection
 1883  under state or federal programs, including requirements for
 1884  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1885  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1886  deemed relevant by the local authority.
 1887  
 1888  Such report shall be filed in the office of the clerk of the
 1889  circuit court and shall be open for the inspection of any
 1890  taxpayer, property owner, qualified elector or any other
 1891  interested or affected person.
 1892         Section 20. Effective July 1, 2021, paragraph (c) of
 1893  subsection (2) of section 153.73, Florida Statutes, is amended
 1894  to read:
 1895         153.73 Assessable improvements; levy and payment of special
 1896  assessments.—Any district may provide for the construction or
 1897  reconstruction of assessable improvements as defined in s.
 1898  153.52, and for the levying of special assessments upon
 1899  benefited property for the payment thereof, under the provisions
 1900  of this section.
 1901         (2)
 1902         (c) For the construction of a new proposed central sewerage
 1903  system or the extension of an existing sewerage system that was
 1904  not previously approved, the report shall include a study that
 1905  includes the available information from the Department of
 1906  Environmental Protection Health on the history of onsite sewage
 1907  treatment and disposal systems currently in use in the area and
 1908  a comparison of the projected costs to the owner of a typical
 1909  lot or parcel of connecting to and using the proposed sewerage
 1910  system versus installing, operating, and properly maintaining an
 1911  onsite sewage treatment and disposal system that is approved by
 1912  the Department of Environmental Protection Health and that
 1913  provides for the comparable level of environmental and health
 1914  protection as the proposed central sewerage system;
 1915  consideration of the local authority’s obligations or reasonably
 1916  anticipated obligations for water body cleanup and protection
 1917  under state or federal programs, including requirements for
 1918  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1919  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1920  deemed relevant by the local authority.
 1921         Section 21. Effective July 1, 2021, subsection (2) of
 1922  section 163.3180, Florida Statutes, is amended to read:
 1923         163.3180 Concurrency.—
 1924         (2) Consistent with public health and safety, sanitary
 1925  sewer, solid waste, drainage, adequate water supplies, and
 1926  potable water facilities shall be in place and available to
 1927  serve new development no later than the issuance by the local
 1928  government of a certificate of occupancy or its functional
 1929  equivalent. Prior to approval of a building permit or its
 1930  functional equivalent, the local government shall consult with
 1931  the applicable water supplier to determine whether adequate
 1932  water supplies to serve the new development will be available no
 1933  later than the anticipated date of issuance by the local
 1934  government of a certificate of occupancy or its functional
 1935  equivalent. A local government may meet the concurrency
 1936  requirement for sanitary sewer through the use of onsite sewage
 1937  treatment and disposal systems approved by the Department of
 1938  Environmental Protection Health to serve new development.
 1939         Section 22. Effective July 1, 2021, subsection (3) of
 1940  section 180.03, Florida Statutes, is amended to read:
 1941         180.03 Resolution or ordinance proposing construction or
 1942  extension of utility; objections to same.—
 1943         (3) For the construction of a new proposed central sewerage
 1944  system or the extension of an existing central sewerage system
 1945  that was not previously approved, the report shall include a
 1946  study that includes the available information from the
 1947  Department of Environmental Protection Health on the history of
 1948  onsite sewage treatment and disposal systems currently in use in
 1949  the area and a comparison of the projected costs to the owner of
 1950  a typical lot or parcel of connecting to and using the proposed
 1951  central sewerage system versus installing, operating, and
 1952  properly maintaining an onsite sewage treatment and disposal
 1953  system that is approved by the Department of Environmental
 1954  Protection Health and that provides for the comparable level of
 1955  environmental and health protection as the proposed central
 1956  sewerage system; consideration of the local authority’s
 1957  obligations or reasonably anticipated obligations for water body
 1958  cleanup and protection under state or federal programs,
 1959  including requirements for water bodies listed under s. 303(d)
 1960  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 1961  et seq.; and other factors deemed relevant by the local
 1962  authority. The results of such a study shall be included in the
 1963  resolution or ordinance required under subsection (1).
 1964         Section 23. Subsections (2), (3), and (6) of section
 1965  311.105, Florida Statutes, are amended to read:
 1966         311.105 Florida Seaport Environmental Management Committee;
 1967  permitting; mitigation.—
 1968         (2) Each application for a permit authorized pursuant to s.
 1969  403.061(38) s. 403.061(37) must include:
 1970         (a) A description of maintenance dredging activities to be
 1971  conducted and proposed methods of dredged-material management.
 1972         (b) A characterization of the materials to be dredged and
 1973  the materials within dredged-material management sites.
 1974         (c) A description of dredged-material management sites and
 1975  plans.
 1976         (d) A description of measures to be undertaken, including
 1977  environmental compliance monitoring, to minimize adverse
 1978  environmental effects of maintenance dredging and dredged
 1979  material management.
 1980         (e) Such scheduling information as is required to
 1981  facilitate state supplementary funding of federal maintenance
 1982  dredging and dredged-material management programs consistent
 1983  with beach restoration criteria of the Department of
 1984  Environmental Protection.
 1985         (3) Each application for a permit authorized pursuant to s.
 1986  403.061(39) s. 403.061(38) must include the provisions of
 1987  paragraphs (2)(b)-(e) and the following:
 1988         (a) A description of dredging and dredged-material
 1989  management and other related activities associated with port
 1990  development, including the expansion of navigation channels,
 1991  dredged-material management sites, port harbors, turning basins,
 1992  harbor berths, and associated facilities.
 1993         (b) A discussion of environmental mitigation as is proposed
 1994  for dredging and dredged-material management for port
 1995  development, including the expansion of navigation channels,
 1996  dredged-material management sites, port harbors, turning basins,
 1997  harbor berths, and associated facilities.
 1998         (6) Dredged-material management activities authorized
 1999  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 2000  shall be incorporated into port master plans developed pursuant
 2001  to s. 163.3178(2)(k).
 2002         Section 24. Paragraph (d) of subsection (1) of section
 2003  327.46, Florida Statutes, is amended to read:
 2004         327.46 Boating-restricted areas.—
 2005         (1) Boating-restricted areas, including, but not limited
 2006  to, restrictions of vessel speeds and vessel traffic, may be
 2007  established on the waters of this state for any purpose
 2008  necessary to protect the safety of the public if such
 2009  restrictions are necessary based on boating accidents,
 2010  visibility, hazardous currents or water levels, vessel traffic
 2011  congestion, or other navigational hazards or to protect
 2012  seagrasses on privately owned submerged lands.
 2013         (d) Owners of private submerged lands that are adjacent to
 2014  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 2015  403.061(27), or an aquatic preserve established under ss.
 2016  258.39-258.399 may request that the commission establish
 2017  boating-restricted areas solely to protect any seagrass and
 2018  contiguous seagrass habitat within their private property
 2019  boundaries from seagrass scarring due to propeller dredging.
 2020  Owners making a request pursuant to this paragraph must
 2021  demonstrate to the commission clear ownership of the submerged
 2022  lands. The commission shall adopt rules to implement this
 2023  paragraph, including, but not limited to, establishing an
 2024  application process and criteria for meeting the requirements of
 2025  this paragraph. Each approved boating-restricted area shall be
 2026  established by commission rule. For marking boating-restricted
 2027  zones established pursuant to this paragraph, owners of
 2028  privately submerged lands shall apply to the commission for a
 2029  uniform waterway marker permit in accordance with ss. 327.40 and
 2030  327.41, and shall be responsible for marking the boating
 2031  restricted zone in accordance with the terms of the permit.
 2032         Section 25. Paragraph (d) of subsection (3) of section
 2033  373.250, Florida Statutes, is amended to read:
 2034         373.250 Reuse of reclaimed water.—
 2035         (3)
 2036         (d) The South Florida Water Management District shall
 2037  require the use of reclaimed water made available by the
 2038  elimination of wastewater ocean outfall discharges as provided
 2039  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 2040  groundwater when the use of reclaimed water is available; is
 2041  environmentally, economically, and technically feasible; and is
 2042  of such quality and reliability as is necessary to the user.
 2043  Such reclaimed water may also be required in lieu of other
 2044  alternative sources. In determining whether to require such
 2045  reclaimed water in lieu of other alternative sources, the water
 2046  management district shall consider existing infrastructure
 2047  investments in place or obligated to be constructed by an
 2048  executed contract or similar binding agreement as of July 1,
 2049  2011, for the development of other alternative sources.
 2050         Section 26. Subsection (9) of section 373.414, Florida
 2051  Statutes, is amended to read:
 2052         373.414 Additional criteria for activities in surface
 2053  waters and wetlands.—
 2054         (9) The department and the governing boards, on or before
 2055  July 1, 1994, shall adopt rules to incorporate the provisions of
 2056  this section, relying primarily on the existing rules of the
 2057  department and the water management districts, into the rules
 2058  governing the management and storage of surface waters. Such
 2059  rules shall seek to achieve a statewide, coordinated and
 2060  consistent permitting approach to activities regulated under
 2061  this part. Variations in permitting criteria in the rules of
 2062  individual water management districts or the department shall
 2063  only be provided to address differing physical or natural
 2064  characteristics. Such rules adopted pursuant to this subsection
 2065  shall include the special criteria adopted pursuant to s.
 2066  403.061(30) s. 403.061(29) and may include the special criteria
 2067  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 2068  shall include a provision requiring that a notice of intent to
 2069  deny or a permit denial based upon this section shall contain an
 2070  explanation of the reasons for such denial and an explanation,
 2071  in general terms, of what changes, if any, are necessary to
 2072  address such reasons for denial. Such rules may establish
 2073  exemptions and general permits, if such exemptions and general
 2074  permits do not allow significant adverse impacts to occur
 2075  individually or cumulatively. Such rules may require submission
 2076  of proof of financial responsibility which may include the
 2077  posting of a bond or other form of surety prior to the
 2078  commencement of construction to provide reasonable assurance
 2079  that any activity permitted pursuant to this section, including
 2080  any mitigation for such permitted activity, will be completed in
 2081  accordance with the terms and conditions of the permit once the
 2082  construction is commenced. Until rules adopted pursuant to this
 2083  subsection become effective, existing rules adopted under this
 2084  part and rules adopted pursuant to the authority of ss. 403.91
 2085  403.929 shall be deemed authorized under this part and shall
 2086  remain in full force and effect. Neither the department nor the
 2087  governing boards are limited or prohibited from amending any
 2088  such rules.
 2089         Section 27. Paragraph (b) of subsection (4) of section
 2090  373.705, Florida Statutes, is amended to read:
 2091         373.705 Water resource development; water supply
 2092  development.—
 2093         (4)
 2094         (b) Water supply development projects that meet the
 2095  criteria in paragraph (a) and that meet one or more of the
 2096  following additional criteria shall be given first consideration
 2097  for state or water management district funding assistance:
 2098         1. The project brings about replacement of existing sources
 2099  in order to help implement a minimum flow or minimum water
 2100  level;
 2101         2. The project implements reuse that assists in the
 2102  elimination of domestic wastewater ocean outfalls as provided in
 2103  s. 403.086(10) s. 403.086(9); or
 2104         3. The project reduces or eliminates the adverse effects of
 2105  competition between legal users and the natural system.
 2106         Section 28. Paragraph (f) of subsection (8) of section
 2107  373.707, Florida Statutes, is amended to read:
 2108         373.707 Alternative water supply development.—
 2109         (8)
 2110         (f) The governing boards shall determine those projects
 2111  that will be selected for financial assistance. The governing
 2112  boards may establish factors to determine project funding;
 2113  however, significant weight shall be given to the following
 2114  factors:
 2115         1. Whether the project provides substantial environmental
 2116  benefits by preventing or limiting adverse water resource
 2117  impacts.
 2118         2. Whether the project reduces competition for water
 2119  supplies.
 2120         3. Whether the project brings about replacement of
 2121  traditional sources in order to help implement a minimum flow or
 2122  level or a reservation.
 2123         4. Whether the project will be implemented by a consumptive
 2124  use permittee that has achieved the targets contained in a goal
 2125  based water conservation program approved pursuant to s.
 2126  373.227.
 2127         5. The quantity of water supplied by the project as
 2128  compared to its cost.
 2129         6. Projects in which the construction and delivery to end
 2130  users of reuse water is a major component.
 2131         7. Whether the project will be implemented by a
 2132  multijurisdictional water supply entity or regional water supply
 2133  authority.
 2134         8. Whether the project implements reuse that assists in the
 2135  elimination of domestic wastewater ocean outfalls as provided in
 2136  s. 403.086(10) s. 403.086(9).
 2137         9. Whether the county or municipality, or the multiple
 2138  counties or municipalities, in which the project is located has
 2139  implemented a high-water recharge protection tax assessment
 2140  program as provided in s. 193.625.
 2141         Section 29. Subsection (4) of section 373.709, Florida
 2142  Statutes, is amended to read:
 2143         373.709 Regional water supply planning.—
 2144         (4) The South Florida Water Management District shall
 2145  include in its regional water supply plan water resource and
 2146  water supply development projects that promote the elimination
 2147  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 2148  403.086(9).
 2149         Section 30. Paragraph (k) of subsection (1) of section
 2150  376.307, Florida Statutes, is amended to read:
 2151         376.307 Water Quality Assurance Trust Fund.—
 2152         (1) The Water Quality Assurance Trust Fund is intended to
 2153  serve as a broad-based fund for use in responding to incidents
 2154  of contamination that pose a serious danger to the quality of
 2155  groundwater and surface water resources or otherwise pose a
 2156  serious danger to the public health, safety, or welfare. Moneys
 2157  in this fund may be used:
 2158         (k) For funding activities described in s. 403.086(10) s.
 2159  403.086(9) which are authorized for implementation under the
 2160  Leah Schad Memorial Ocean Outfall Program.
 2161         Section 31. Paragraph (i) of subsection (2), paragraph (b)
 2162  of subsection (4), paragraph (j) of subsection (7), and
 2163  paragraph (a) of subsection (9) of section 380.0552, Florida
 2164  Statutes, are amended to read:
 2165         380.0552 Florida Keys Area; protection and designation as
 2166  area of critical state concern.—
 2167         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2168  to:
 2169         (i) Protect and improve the nearshore water quality of the
 2170  Florida Keys through federal, state, and local funding of water
 2171  quality improvement projects, including the construction and
 2172  operation of wastewater management facilities that meet the
 2173  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 2174  as applicable.
 2175         (4) REMOVAL OF DESIGNATION.—
 2176         (b) Beginning November 30, 2010, the state land planning
 2177  agency shall annually submit a written report to the
 2178  Administration Commission describing the progress of the Florida
 2179  Keys Area toward completing the work program tasks specified in
 2180  commission rules. The land planning agency shall recommend
 2181  removing the Florida Keys Area from being designated as an area
 2182  of critical state concern to the commission if it determines
 2183  that:
 2184         1. All of the work program tasks have been completed,
 2185  including construction of, operation of, and connection to
 2186  central wastewater management facilities pursuant to s.
 2187  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 2188  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 2189         2. All local comprehensive plans and land development
 2190  regulations and the administration of such plans and regulations
 2191  are adequate to protect the Florida Keys Area, fulfill the
 2192  legislative intent specified in subsection (2), and are
 2193  consistent with and further the principles guiding development;
 2194  and
 2195         3. A local government has adopted a resolution at a public
 2196  hearing recommending the removal of the designation.
 2197         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2198  and local agencies and units of government in the Florida Keys
 2199  Area shall coordinate their plans and conduct their programs and
 2200  regulatory activities consistent with the principles for guiding
 2201  development as specified in chapter 27F-8, Florida
 2202  Administrative Code, as amended effective August 23, 1984, which
 2203  is adopted and incorporated herein by reference. For the
 2204  purposes of reviewing the consistency of the adopted plan, or
 2205  any amendments to that plan, with the principles for guiding
 2206  development, and any amendments to the principles, the
 2207  principles shall be construed as a whole and specific provisions
 2208  may not be construed or applied in isolation from the other
 2209  provisions. However, the principles for guiding development are
 2210  repealed 18 months from July 1, 1986. After repeal, any plan
 2211  amendments must be consistent with the following principles:
 2212         (j) Ensuring the improvement of nearshore water quality by
 2213  requiring the construction and operation of wastewater
 2214  management facilities that meet the requirements of ss.
 2215  381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
 2216  and by directing growth to areas served by central wastewater
 2217  treatment facilities through permit allocation systems.
 2218         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2219         (a) Any land development regulation or element of a local
 2220  comprehensive plan in the Florida Keys Area may be enacted,
 2221  amended, or rescinded by a local government, but the enactment,
 2222  amendment, or rescission becomes effective only upon approval by
 2223  the state land planning agency. The state land planning agency
 2224  shall review the proposed change to determine if it is in
 2225  compliance with the principles for guiding development specified
 2226  in chapter 27F-8, Florida Administrative Code, as amended
 2227  effective August 23, 1984, and must approve or reject the
 2228  requested changes within 60 days after receipt. Amendments to
 2229  local comprehensive plans in the Florida Keys Area must also be
 2230  reviewed for compliance with the following:
 2231         1. Construction schedules and detailed capital financing
 2232  plans for wastewater management improvements in the annually
 2233  adopted capital improvements element, and standards for the
 2234  construction of wastewater treatment and disposal facilities or
 2235  collection systems that meet or exceed the criteria in s.
 2236  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 2237  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 2238  disposal systems.
 2239         2. Goals, objectives, and policies to protect public safety
 2240  and welfare in the event of a natural disaster by maintaining a
 2241  hurricane evacuation clearance time for permanent residents of
 2242  no more than 24 hours. The hurricane evacuation clearance time
 2243  shall be determined by a hurricane evacuation study conducted in
 2244  accordance with a professionally accepted methodology and
 2245  approved by the state land planning agency.
 2246         Section 32. Effective July 1, 2021, subsections (7) and
 2247  (18) of section 381.006, Florida Statutes, are amended to read:
 2248         381.006 Environmental health.—The department shall conduct
 2249  an environmental health program as part of fulfilling the
 2250  state’s public health mission. The purpose of this program is to
 2251  detect and prevent disease caused by natural and manmade factors
 2252  in the environment. The environmental health program shall
 2253  include, but not be limited to:
 2254         (7) An onsite sewage treatment and disposal function.
 2255         (17)(18) A food service inspection function for domestic
 2256  violence centers that are certified by the Department of
 2257  Children and Families and monitored by the Florida Coalition
 2258  Against Domestic Violence under part XII of chapter 39 and group
 2259  care homes as described in subsection (15) (16), which shall be
 2260  conducted annually and be limited to the requirements in
 2261  department rule applicable to community-based residential
 2262  facilities with five or fewer residents.
 2263  
 2264  The department may adopt rules to carry out the provisions of
 2265  this section.
 2266         Section 33. Effective July 1, 2021, subsection (1) of
 2267  section 381.0061, Florida Statutes, is amended to read:
 2268         381.0061 Administrative fines.—
 2269         (1) In addition to any administrative action authorized by
 2270  chapter 120 or by other law, the department may impose a fine,
 2271  which may shall not exceed $500 for each violation, for a
 2272  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 2273  381.0066, s. 381.0072, or part III of chapter 489, for a
 2274  violation of any rule adopted under this chapter, or for a
 2275  violation of any of the provisions of chapter 386. Notice of
 2276  intent to impose such fine shall be given by the department to
 2277  the alleged violator. Each day that a violation continues may
 2278  constitute a separate violation.
 2279         Section 34. Effective July 1, 2021, subsection (1) of
 2280  section 381.0064, Florida Statutes, is amended to read:
 2281         381.0064 Continuing education courses for persons
 2282  installing or servicing septic tanks.—
 2283         (1) The Department of Environmental Protection Health shall
 2284  establish a program for continuing education which meets the
 2285  purposes of ss. 381.0101 and 489.554 regarding the public health
 2286  and environmental effects of onsite sewage treatment and
 2287  disposal systems and any other matters the department determines
 2288  desirable for the safe installation and use of onsite sewage
 2289  treatment and disposal systems. The department may charge a fee
 2290  to cover the cost of such program.
 2291         Section 35. Effective July 1, 2021, paragraph (d) of
 2292  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 2293  of subsection (9) of section 381.00651, Florida Statutes, are
 2294  amended to read:
 2295         381.00651 Periodic evaluation and assessment of onsite
 2296  sewage treatment and disposal systems.—
 2297         (7) The following procedures shall be used for conducting
 2298  evaluations:
 2299         (d) Assessment procedure.—All evaluation procedures used by
 2300  a qualified contractor shall be documented in the environmental
 2301  health database of the Department of Environmental Protection
 2302  Health. The qualified contractor shall provide a copy of a
 2303  written, signed evaluation report to the property owner upon
 2304  completion of the evaluation and to the county health department
 2305  within 30 days after the evaluation. The report must shall
 2306  contain the name and license number of the company providing the
 2307  report. A copy of the evaluation report shall be retained by the
 2308  local county health department for a minimum of 5 years and
 2309  until a subsequent inspection report is filed. The front cover
 2310  of the report must identify any system failure and include a
 2311  clear and conspicuous notice to the owner that the owner has a
 2312  right to have any remediation of the failure performed by a
 2313  qualified contractor other than the contractor performing the
 2314  evaluation. The report must further identify any crack, leak,
 2315  improper fit, or other defect in the tank, manhole, or lid, and
 2316  any other damaged or missing component; any sewage or effluent
 2317  visible on the ground or discharging to a ditch or other surface
 2318  water body; any downspout, stormwater, or other source of water
 2319  directed onto or toward the system; and any other maintenance
 2320  need or condition of the system at the time of the evaluation
 2321  which, in the opinion of the qualified contractor, would
 2322  possibly interfere with or restrict any future repair or
 2323  modification to the existing system. The report shall conclude
 2324  with an overall assessment of the fundamental operational
 2325  condition of the system.
 2326         (8) The county health department, in coordination with the
 2327  department, shall administer any evaluation program on behalf of
 2328  a county, or a municipality within the county, that has adopted
 2329  an evaluation program pursuant to this section. In order to
 2330  administer the evaluation program, the county or municipality,
 2331  in consultation with the county health department, may develop a
 2332  reasonable fee schedule to be used solely to pay for the costs
 2333  of administering the evaluation program. Such a fee schedule
 2334  shall be identified in the ordinance that adopts the evaluation
 2335  program. When arriving at a reasonable fee schedule, the
 2336  estimated annual revenues to be derived from fees may not exceed
 2337  reasonable estimated annual costs of the program. Fees shall be
 2338  assessed to the system owner during an inspection and separately
 2339  identified on the invoice of the qualified contractor. Fees
 2340  shall be remitted by the qualified contractor to the county
 2341  health department. The county health department’s administrative
 2342  responsibilities include the following:
 2343         (a) Providing a notice to the system owner at least 60 days
 2344  before the system is due for an evaluation. The notice may
 2345  include information on the proper maintenance of onsite sewage
 2346  treatment and disposal systems.
 2347         (b) In consultation with the department of Health,
 2348  providing uniform disciplinary procedures and penalties for
 2349  qualified contractors who do not comply with the requirements of
 2350  the adopted ordinance, including, but not limited to, failure to
 2351  provide the evaluation report as required in this subsection to
 2352  the system owner and the county health department. Only the
 2353  county health department may assess penalties against system
 2354  owners for failure to comply with the adopted ordinance,
 2355  consistent with existing requirements of law.
 2356         (9)
 2357         (b) Upon receipt of the notice under paragraph (a), the
 2358  department of Environmental Protection shall, within existing
 2359  resources, notify the county or municipality of the potential
 2360  use of, and access to, program funds under the Clean Water State
 2361  Revolving Fund or s. 319 of the Clean Water Act, provide
 2362  guidance in the application process to receive such moneys, and
 2363  provide advice and technical assistance to the county or
 2364  municipality on how to establish a low-interest revolving loan
 2365  program or how to model a revolving loan program after the low
 2366  interest loan program of the Clean Water State Revolving Fund.
 2367  This paragraph does not obligate the department of Environmental
 2368  Protection to provide any county or municipality with money to
 2369  fund such programs.
 2370         (c) The department of Health may not adopt any rule that
 2371  alters the provisions of this section.
 2372         (d) The department of Health must allow county health
 2373  departments and qualified contractors access to the
 2374  environmental health database to track relevant information and
 2375  assimilate data from assessment and evaluation reports of the
 2376  overall condition of onsite sewage treatment and disposal
 2377  systems. The environmental health database must be used by
 2378  contractors to report each service and evaluation event and by a
 2379  county health department to notify owners of onsite sewage
 2380  treatment and disposal systems when evaluations are due. Data
 2381  and information must be recorded and updated as service and
 2382  evaluations are conducted and reported.
 2383         Section 36. Section 403.08601, Florida Statutes, is amended
 2384  to read:
 2385         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 2386  Legislature declares that as funds become available the state
 2387  may assist the local governments and agencies responsible for
 2388  implementing the Leah Schad Memorial Ocean Outfall Program
 2389  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 2390  other sources provided for in law, the General Appropriations
 2391  Act, from gifts designated for implementation of the plan from
 2392  individuals, corporations, or other entities, or federal funds
 2393  appropriated by Congress for implementation of the plan, may be
 2394  deposited into an account of the Water Quality Assurance Trust
 2395  Fund.
 2396         Section 37. Section 403.0871, Florida Statutes, is amended
 2397  to read:
 2398         403.0871 Florida Permit Fee Trust Fund.—There is
 2399  established within the department a nonlapsing trust fund to be
 2400  known as the “Florida Permit Fee Trust Fund.” All funds received
 2401  from applicants for permits pursuant to ss. 161.041, 161.053,
 2402  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 2403  deposited in the Florida Permit Fee Trust Fund and shall be used
 2404  by the department with the advice and consent of the Legislature
 2405  to supplement appropriations and other funds received by the
 2406  department for the administration of its responsibilities under
 2407  this chapter and chapter 161. In no case shall funds from the
 2408  Florida Permit Fee Trust Fund be used for salary increases
 2409  without the approval of the Legislature.
 2410         Section 38. Paragraph (a) of subsection (11) of section
 2411  403.0872, Florida Statutes, is amended to read:
 2412         403.0872 Operation permits for major sources of air
 2413  pollution; annual operation license fee.—Provided that program
 2414  approval pursuant to 42 U.S.C. s. 7661a has been received from
 2415  the United States Environmental Protection Agency, beginning
 2416  January 2, 1995, each major source of air pollution, including
 2417  electrical power plants certified under s. 403.511, must obtain
 2418  from the department an operation permit for a major source of
 2419  air pollution under this section. This operation permit is the
 2420  only department operation permit for a major source of air
 2421  pollution required for such source; provided, at the applicant’s
 2422  request, the department shall issue a separate acid rain permit
 2423  for a major source of air pollution that is an affected source
 2424  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 2425  for major sources of air pollution, except general permits
 2426  issued pursuant to s. 403.814, must be issued in accordance with
 2427  the procedures contained in this section and in accordance with
 2428  chapter 120; however, to the extent that chapter 120 is
 2429  inconsistent with the provisions of this section, the procedures
 2430  contained in this section prevail.
 2431         (11) Each major source of air pollution permitted to
 2432  operate in this state must pay between January 15 and April 1 of
 2433  each year, upon written notice from the department, an annual
 2434  operation license fee in an amount determined by department
 2435  rule. The annual operation license fee shall be terminated
 2436  immediately in the event the United States Environmental
 2437  Protection Agency imposes annual fees solely to implement and
 2438  administer the major source air-operation permit program in
 2439  Florida under 40 C.F.R. s. 70.10(d).
 2440         (a) The annual fee must be assessed based upon the source’s
 2441  previous year’s emissions and must be calculated by multiplying
 2442  the applicable annual operation license fee factor times the
 2443  tons of each regulated air pollutant actually emitted, as
 2444  calculated in accordance with the department’s emissions
 2445  computation and reporting rules. The annual fee shall only apply
 2446  to those regulated pollutants, except carbon monoxide and
 2447  greenhouse gases, for which an allowable numeric emission
 2448  limiting standard is specified in the source’s most recent
 2449  construction or operation permit; provided, however, that:
 2450         1. The license fee factor is $25 or another amount
 2451  determined by department rule which ensures that the revenue
 2452  provided by each year’s operation license fees is sufficient to
 2453  cover all reasonable direct and indirect costs of the major
 2454  stationary source air-operation permit program established by
 2455  this section. The license fee factor may be increased beyond $25
 2456  only if the secretary of the department affirmatively finds that
 2457  a shortage of revenue for support of the major stationary source
 2458  air-operation permit program will occur in the absence of a fee
 2459  factor adjustment. The annual license fee factor may never
 2460  exceed $35.
 2461         2. The amount of each regulated air pollutant in excess of
 2462  4,000 tons per year emitted by any source, or group of sources
 2463  belonging to the same Major Group as described in the Standard
 2464  Industrial Classification Manual, 1987, may not be included in
 2465  the calculation of the fee. Any source, or group of sources,
 2466  which does not emit any regulated air pollutant in excess of
 2467  4,000 tons per year, is allowed a one-time credit not to exceed
 2468  25 percent of the first annual licensing fee for the prorated
 2469  portion of existing air-operation permit application fees
 2470  remaining upon commencement of the annual licensing fees.
 2471         3. If the department has not received the fee by March 1 of
 2472  the calendar year, the permittee must be sent a written warning
 2473  of the consequences for failing to pay the fee by April 1. If
 2474  the fee is not postmarked by April 1 of the calendar year, the
 2475  department shall impose, in addition to the fee, a penalty of 50
 2476  percent of the amount of the fee, plus interest on such amount
 2477  computed in accordance with s. 220.807. The department may not
 2478  impose such penalty or interest on any amount underpaid,
 2479  provided that the permittee has timely remitted payment of at
 2480  least 90 percent of the amount determined to be due and remits
 2481  full payment within 60 days after receipt of notice of the
 2482  amount underpaid. The department may waive the collection of
 2483  underpayment and may shall not be required to refund overpayment
 2484  of the fee, if the amount due is less than 1 percent of the fee,
 2485  up to $50. The department may revoke any major air pollution
 2486  source operation permit if it finds that the permitholder has
 2487  failed to timely pay any required annual operation license fee,
 2488  penalty, or interest.
 2489         4. Notwithstanding the computational provisions of this
 2490  subsection, the annual operation license fee for any source
 2491  subject to this section may shall not be less than $250, except
 2492  that the annual operation license fee for sources permitted
 2493  solely through general permits issued under s. 403.814 may shall
 2494  not exceed $50 per year.
 2495         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 2496  the provisions of s. 403.087(6)(a)5.a., authorizing air
 2497  pollution construction permit fees, the department may not
 2498  require such fees for changes or additions to a major source of
 2499  air pollution permitted pursuant to this section, unless the
 2500  activity triggers permitting requirements under Title I, Part C
 2501  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 2502  7514a. Costs to issue and administer such permits shall be
 2503  considered direct and indirect costs of the major stationary
 2504  source air-operation permit program under s. 403.0873. The
 2505  department shall, however, require fees pursuant to s.
 2506  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 2507  construction of a new major source of air pollution that will be
 2508  subject to the permitting requirements of this section once
 2509  constructed and for activities triggering permitting
 2510  requirements under Title I, Part C or Part D, of the federal
 2511  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 2512         Section 39. Subsection (7) of section 403.1835, Florida
 2513  Statutes, is amended to read:
 2514         403.1835 Water pollution control financial assistance.—
 2515         (7) Eligible projects must be given priority according to
 2516  the extent each project is intended to remove, mitigate, or
 2517  prevent adverse effects on surface or ground water quality and
 2518  public health. The relative costs of achieving environmental and
 2519  public health benefits must be taken into consideration during
 2520  the department’s assignment of project priorities. The
 2521  department shall adopt a priority system by rule. In developing
 2522  the priority system, the department shall give priority to
 2523  projects that:
 2524         (a) Eliminate public health hazards;
 2525         (b) Enable compliance with laws requiring the elimination
 2526  of discharges to specific water bodies, including the
 2527  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 2528  wastewater ocean outfalls;
 2529         (c) Assist in the implementation of total maximum daily
 2530  loads adopted under s. 403.067;
 2531         (d) Enable compliance with other pollution control
 2532  requirements, including, but not limited to, toxics control,
 2533  wastewater residuals management, and reduction of nutrients and
 2534  bacteria;
 2535         (e) Assist in the implementation of surface water
 2536  improvement and management plans and pollutant load reduction
 2537  goals developed under state water policy;
 2538         (f) Promote reclaimed water reuse;
 2539         (g) Eliminate failing onsite sewage treatment and disposal
 2540  systems or those that are causing environmental damage; or
 2541         (h) Reduce pollutants to and otherwise promote the
 2542  restoration of Florida’s surface and ground waters.
 2543         Section 40. Paragraph (d) of subsection (3) of section
 2544  403.707, Florida Statutes, is amended to read:
 2545         403.707 Permits.—
 2546         (3)
 2547         (d) The department may adopt rules to administer this
 2548  subsection. However, the department is not required to submit
 2549  such rules to the Environmental Regulation Commission for
 2550  approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
 2551  403.087(6)(a), permit fee caps for solid waste management
 2552  facilities shall be prorated to reflect the extended permit term
 2553  authorized by this subsection.
 2554         Section 41. Subsections (8) and (21) of section 403.861,
 2555  Florida Statutes, are amended to read:
 2556         403.861 Department; powers and duties.—The department shall
 2557  have the power and the duty to carry out the provisions and
 2558  purposes of this act and, for this purpose, to:
 2559         (8) Initiate rulemaking to increase each drinking water
 2560  permit application fee authorized under s. 403.087(7) s.
 2561  403.087(6) and this part and adopted by rule to ensure that such
 2562  fees are increased to reflect, at a minimum, any upward
 2563  adjustment in the Consumer Price Index compiled by the United
 2564  States Department of Labor, or similar inflation indicator,
 2565  since the original fee was established or most recently revised.
 2566         (a) The department shall establish by rule the inflation
 2567  index to be used for this purpose. The department shall review
 2568  the drinking water permit application fees authorized under s.
 2569  403.087(7) s. 403.087(6) and this part at least once every 5
 2570  years and shall adjust the fees upward, as necessary, within the
 2571  established fee caps to reflect changes in the Consumer Price
 2572  Index or similar inflation indicator. In the event of deflation,
 2573  the department shall consult with the Executive Office of the
 2574  Governor and the Legislature to determine whether downward fee
 2575  adjustments are appropriate based on the current budget and
 2576  appropriation considerations. The department shall also review
 2577  the drinking water operation license fees established pursuant
 2578  to paragraph (7)(b) at least once every 5 years to adopt, as
 2579  necessary, the same inflationary adjustments provided for in
 2580  this subsection.
 2581         (b) The minimum fee amount shall be the minimum fee
 2582  prescribed in this section, and such fee amount shall remain in
 2583  effect until the effective date of fees adopted by rule by the
 2584  department.
 2585         (21)(a) Upon issuance of a construction permit to construct
 2586  a new public water system drinking water treatment facility to
 2587  provide potable water supply using a surface water that, at the
 2588  time of the permit application, is not being used as a potable
 2589  water supply, and the classification of which does not include
 2590  potable water supply as a designated use, the department shall
 2591  add treated potable water supply as a designated use of the
 2592  surface water segment in accordance with s. 403.061(30)(b) s.
 2593  403.061(29)(b).
 2594         (b) For existing public water system drinking water
 2595  treatment facilities that use a surface water as a treated
 2596  potable water supply, which surface water classification does
 2597  not include potable water supply as a designated use, the
 2598  department shall add treated potable water supply as a
 2599  designated use of the surface water segment in accordance with
 2600  s. 403.061(30)(b) s. 403.061(29)(b).
 2601         Section 42. Effective July 1, 2021, subsection (1) of
 2602  section 489.551, Florida Statutes, is amended to read:
 2603         489.551 Definitions.—As used in this part:
 2604         (1) “Department” means the Department of Environmental
 2605  Protection Health.
 2606         Section 43. Paragraph (b) of subsection (10) of section
 2607  590.02, Florida Statutes, is amended to read:
 2608         590.02 Florida Forest Service; powers, authority, and
 2609  duties; liability; building structures; Withlacoochee Training
 2610  Center.—
 2611         (10)
 2612         (b) The Florida Forest Service may delegate to a county,
 2613  municipality, or special district its authority:
 2614         1. As delegated by the Department of Environmental
 2615  Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
 2616  403.081, to manage and enforce regulations pertaining to the
 2617  burning of yard trash in accordance with s. 590.125(6).
 2618         2. To manage the open burning of land clearing debris in
 2619  accordance with s. 590.125.
 2620         Section 44. The Division of Law Revision is directed to
 2621  replace the phrase “adoption of the rules identified in
 2622  paragraph (e)” as it is used in the amendment made by this act
 2623  to s. 381.0065, Florida Statutes, with the date such rules are
 2624  adopted, as provided by the Department of Environmental
 2625  Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as
 2626  amended by this act.
 2627         Section 45. Except as otherwise expressly provided in this
 2628  act this act shall take effect July 1, 2020.