Florida Senate - 2024                             CS for SB 1386
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; and Senator Calatayud
       
       
       
       
       601-03260-24                                          20241386c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of Environmental
    3         Protection; amending s. 253.04, F.S.; revising the
    4         aquatic preserves within which a person may not
    5         operate a vessel outside a lawfully marked channel
    6         under certain circumstances; amending s. 258.39, F.S.;
    7         declaring the Kristin Jacobs Coral Reef Ecosystem
    8         Conservation Area an aquatic preserve area; amending
    9         s. 373.250, F.S.; requiring each water management
   10         district, in coordination with the department, to
   11         develop rules that promote the use of reclaimed water
   12         and encourage quantifiable potable water offsets;
   13         providing requirements for such rules; providing
   14         construction; amending s. 380.093, F.S.; defining the
   15         term “Florida Flood Hub”; revising the definition of
   16         the term “preconstruction activities”; revising the
   17         purposes for which counties and municipalities may use
   18         Resilient Florida Grant Program funds; revising
   19         vulnerability assessment requirements; revising
   20         requirements for the development and maintenance of
   21         the comprehensive statewide flood vulnerability and
   22         sea level rise data set and assessment; requiring the
   23         department to coordinate with the Chief Resilience
   24         Officer and the Florida Flood Hub to update the data
   25         set and assessment at specified intervals; revising
   26         requirements for the Statewide Flooding and Sea Level
   27         Rise Resilience Plan; revising the purposes of the
   28         funding for regional resilience entities; making
   29         technical changes; amending s. 381.0061, F.S.;
   30         revising the violations for which the department may
   31         impose a specified fine; providing legislative intent
   32         regarding a phased transfer of the Department of
   33         Health’s Onsite Sewage Program to the Department of
   34         Environmental Protection; requiring the Department of
   35         Environmental Protection to coordinate with the
   36         Department of Health regarding the identification and
   37         transfer of certain equipment and vehicles under
   38         certain circumstances; prohibiting the Department of
   39         Health from implementing or collecting fees for the
   40         program when the Department of Environmental
   41         Protection begins implementing the program; providing
   42         exceptions; amending s. 381.0065, F.S.; requiring the
   43         Department of Environmental Protection to conduct
   44         enforcement activities for violations of certain
   45         onsite sewage treatment and disposal system
   46         regulations in accordance with specified provisions;
   47         specifying the department’s authority with respect to
   48         specific provisions; requiring the department to adopt
   49         rules for a program for general permits for certain
   50         projects; providing requirements for such rules;
   51         revising department enforcement provisions; deleting
   52         certain criminal penalties; requiring the damages,
   53         costs, or penalties collected to be deposited into the
   54         Water Quality Assurance Trust Fund rather than the
   55         relevant county health department trust fund;
   56         requiring the department to establish an enhanced
   57         nutrient-reducing onsite sewage treatment and disposal
   58         system approval program; authorizing the department to
   59         contract with or delegate certain powers and duties to
   60         a county; amending s. 381.0066, F.S.; requiring
   61         certain fees to be deposited into the Florida Permit
   62         Fee Trust Fund after a specified timeframe; amending
   63         s. 403.061, F.S.; requiring counties to make certain
   64         services and facilities available upon the direction
   65         of the department; amending s. 403.064, F.S.; revising
   66         legislative findings; revising the domestic wastewater
   67         treatment facilities required to submit a reuse
   68         feasibility study as part of a permit application;
   69         revising the contents of a required reuse feasibility
   70         study; revising the domestic wastewater facilities
   71         required to implement reuse under certain
   72         circumstances; revising applicability; revising
   73         construction; amending s. 403.067, F.S.; requiring
   74         certain facilities and systems to include a domestic
   75         wastewater treatment plan as part of a basin
   76         management action plan for nutrient total maximum
   77         daily loads; amending s. 403.0673, F.S.; revising the
   78         information to be included in the water quality
   79         improvement grant program annual report; requiring the
   80         department to include specified information on a user
   81         friendly website or dashboard by a specified date;
   82         providing requirements for the website or dashboard;
   83         amending s. 403.086, F.S.; requiring wastewater
   84         treatment facilities within a basin management action
   85         plan or reasonable assurance plan area which provide
   86         reclaimed water for specified purposes to meet
   87         advanced waste treatment or a more stringent treatment
   88         standard under certain circumstances; providing
   89         applicability; amending s. 403.091, F.S.; authorizing
   90         certain department representatives to enter and
   91         inspect premises on which an onsite sewage treatment
   92         and disposal system is located or being constructed or
   93         installed or where certain records are kept; revising
   94         requirements for such access; revising the
   95         circumstances under which an inspection warrant may be
   96         issued; amending s. 403.121, F.S.; revising department
   97         enforcement provisions; revising administrative
   98         penalty calculations for failure to obtain certain
   99         required permits and for certain violations; amending
  100         ss. 403.9301 and 403.9302, F.S.; requiring the Office
  101         of Economic and Demographic Research to provide a
  102         publicly accessible data visualization tool on its
  103         website for comparative analyses of key information;
  104         amending s. 403.0671, F.S.; conforming provisions to
  105         changes made by the act; reenacting s. 327.73(1)(x),
  106         F.S., relating to noncriminal infractions, to
  107         incorporate the amendment made to s. 253.04, F.S., in
  108         a reference thereto; reenacting ss. 381.0072(4)(a) and
  109         (6)(a), 381.0086(4), 381.0098(7), and 513.10(2), F.S.,
  110         relating to food service protection, penalties,
  111         biomedical waste, and operating without a permit,
  112         respectively, to incorporate the amendment made to s.
  113         381.0061, F.S., in references thereto; providing an
  114         effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (a) of subsection (3) of section
  119  253.04, Florida Statutes, is amended to read:
  120         253.04 Duty of board to protect, etc., state lands; state
  121  may join in any action brought.—
  122         (3)(a) The duty to conserve and improve state-owned lands
  123  and the products thereof includes shall include the preservation
  124  and regeneration of seagrass, which is deemed essential to the
  125  oceans, gulfs, estuaries, and shorelines of the state. A person
  126  operating a vessel outside a lawfully marked channel in a
  127  careless manner that causes seagrass scarring within an aquatic
  128  preserve established in ss. 258.39-258.3991 ss. 258.39-258.399,
  129  with the exception of the Lake Jackson, Oklawaha River, Wekiva
  130  River, and Rainbow Springs aquatic preserves, commits a
  131  noncriminal infraction, punishable as provided in s. 327.73.
  132  Each violation is a separate offense. As used in this
  133  subsection, the term:
  134         1. “Seagrass” means Cuban shoal grass (Halodule wrightii),
  135  turtle grass (Thalassia testudinum), manatee grass (Syringodium
  136  filiforme), star grass (Halophila engelmannii), paddle grass
  137  (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii),
  138  or widgeon grass (Ruppia maritima).
  139         2. “Seagrass scarring” means destruction of seagrass roots,
  140  shoots, or stems that results in tracks on the substrate
  141  commonly referred to as prop scars or propeller scars caused by
  142  the operation of a motorized vessel in waters supporting
  143  seagrasses.
  144         Section 2. Subsection (33) is added to section 258.39,
  145  Florida Statutes, to read:
  146         258.39 Boundaries of preserves.—The submerged lands
  147  included within the boundaries of Nassau, Duval, St. Johns,
  148  Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
  149  Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee,
  150  Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
  151  Hernando, and Escambia Counties, as hereinafter described, with
  152  the exception of privately held submerged lands lying landward
  153  of established bulkheads and of privately held submerged lands
  154  within Monroe County where the establishment of bulkhead lines
  155  is not required, are hereby declared to be aquatic preserves.
  156  Such aquatic preserve areas include:
  157         (33)Kristin Jacobs Coral Reef Ecosystem Conservation Area,
  158  as designated by chapter 2021-107, Laws of Florida, the
  159  boundaries of which consist of the sovereignty submerged lands
  160  and waters of the state offshore of Broward, Martin, Miami-Dade,
  161  and Palm Beach Counties from the St. Lucie Inlet to the northern
  162  boundary of the Biscayne National Park.
  163  
  164  Any and all submerged lands theretofore conveyed by the Trustees
  165  of the Internal Improvement Trust Fund and any and all uplands
  166  now in private ownership are specifically exempted from this
  167  dedication.
  168         Section 3. Subsection (9) is added to section 373.250,
  169  Florida Statutes, to read:
  170         373.250 Reuse of reclaimed water.—
  171         (9) To promote the use of reclaimed water and encourage
  172  quantifiable potable water offsets that produce significant
  173  water savings beyond those required in a consumptive use permit,
  174  each water management district, in coordination with the
  175  department, shall develop rules by December 31, 2025, which
  176  provide all of the following:
  177         (a)If an applicant proposes a water supply development or
  178  water resource development project using reclaimed water that
  179  meets the advanced waste treatment standards for total nitrogen
  180  and total phosphorous as defined in s. 403.086(4)(a), as part of
  181  an application for consumptive use, the applicant is eligible
  182  for a permit duration of up to 30 years if there is sufficient
  183  data to provide reasonable assurance that the conditions for
  184  permit issuance will be met for the duration of the permit.
  185  Rules developed pursuant to this paragraph must include, at a
  186  minimum:
  187         1.A requirement that the permittee demonstrate how
  188  quantifiable groundwater or surface water savings associated
  189  with the new water supply development or water resource
  190  development project either meets water demands beyond a 20-year
  191  permit duration or is completed to benefit a waterbody with a
  192  minimum flow or minimum water level with a recovery or
  193  prevention strategy; and
  194         2.Guidelines for a district to follow in determining the
  195  permit duration based on the project’s implementation.
  196  
  197  This paragraph does not limit the existing authority of a water
  198  management district to issue a shorter duration permit to
  199  protect from harm the water resources or ecology of the area, or
  200  to otherwise ensure compliance with the conditions for permit
  201  issuance.
  202         (b)Authorization for a consumptive use permittee to seek a
  203  permit extension of up to 10 years if the permittee proposes a
  204  water supply development or water resource development project
  205  using reclaimed water that meets the advanced waste treatment
  206  standards for total nitrogen and total phosphorous as defined in
  207  s. 403.086(4)(a) during the term of its permit which results in
  208  the reduction of groundwater or surface water withdrawals or is
  209  completed to benefit a waterbody with a minimum flow or minimum
  210  water level with a recovery or prevention strategy. Rules
  211  associated with this paragraph must include, at a minimum:
  212         1.A requirement that the permittee be in compliance with
  213  the permittee’s consumptive use permit;
  214         2.A requirement that the permittee demonstrate how the
  215  quantifiable groundwater or surface water savings associated
  216  with the new water supply development or water resource
  217  development project either meets water demands beyond the issued
  218  permit duration or benefits a waterbody with a minimum flow or
  219  minimum water level with a recovery or prevention strategy;
  220         3.A requirement that the permittee demonstrate a water
  221  demand for the permit’s allocation through the term of the
  222  extension; and
  223         4.Guidelines for a district to follow in determining the
  224  number of years extended, including a minimum year requirement,
  225  based on the project implementation.
  226  
  227  This paragraph does not limit the existing authority of a water
  228  management district to protect from harm the water resources or
  229  ecology of the area, or to otherwise ensure compliance with the
  230  conditions for permit issuance.
  231         Section 4. Present paragraphs (c) and (d) of subsection (2)
  232  of section 380.093, Florida Statutes, are redesignated as
  233  paragraphs (d) and (e), respectively, a new paragraph (c) is
  234  added to that subsection, and present paragraph (c) of
  235  subsection (2), paragraphs (b), (c), and (d) of subsection (3),
  236  and subsections (4), (5), and (6) of that section are amended,
  237  to read:
  238         380.093 Resilient Florida Grant Program; comprehensive
  239  statewide flood vulnerability and sea level rise data set and
  240  assessment; Statewide Flooding and Sea Level Rise Resilience
  241  Plan; regional resilience entities.—
  242         (2) DEFINITIONS.—As used in this section, the term:
  243         (c)“Florida Flood Hub” means the Florida Flood Hub for
  244  Applied Research and Innovation established pursuant to s.
  245  380.0933.
  246         (d)(c) “Preconstruction activities” means activities
  247  associated with a project that addresses the risks of flooding
  248  and sea level rise that occur before construction begins,
  249  including, but not limited to, design of the project, permitting
  250  for the project, surveys and data collection, site development,
  251  solicitation, public hearings, local code or comprehensive plan
  252  amendments, establishing local funding sources, and easement
  253  acquisition.
  254         (3) RESILIENT FLORIDA GRANT PROGRAM.—
  255         (b) Subject to appropriation, the department may provide
  256  grants to each of the following entities:
  257         1. A county or municipality to fund:
  258         a. The costs of community resilience planning and necessary
  259  data collection for such planning, including comprehensive plan
  260  amendments and necessary corresponding analyses that address the
  261  requirements of s. 163.3178(2)(f).
  262         b. Vulnerability assessments that identify or address risks
  263  of inland or coastal flooding and sea level rise.
  264         c. Updates to the county’s or municipality’s inventory of
  265  critical assets, including regionally significant assets that
  266  are currently or reasonably expected to be impacted by flooding
  267  and sea level rise. The updated inventory must be submitted to
  268  the department and, at the time of submission, must reflect all
  269  such assets that are currently, or within 50 years may
  270  reasonably be expected to be, impacted by flooding and sea level
  271  rise.
  272         d. The development of projects, plans, strategies, and
  273  policies that enhance community preparations allow communities
  274  to prepare for threats from flooding and sea level rise,
  275  including adaptation plans that help local governments
  276  prioritize project development and implementation across one or
  277  more jurisdictions in a manner consistent with departmental
  278  guidance.
  279         e.d. Preconstruction activities for projects to be
  280  submitted for inclusion in the Statewide Flooding and Sea Level
  281  Rise Resilience Plan. Only a county or municipality eligible for
  282  a reduced cost share as defined in paragraph (5)(e) is eligible
  283  for such preconstruction activities that are located in a
  284  municipality that has a population of 10,000 or fewer or a
  285  county that has a population of 50,000 or fewer, according to
  286  the most recent April 1 population estimates posted on the
  287  Office of Economic and Demographic Research’s website.
  288         f.e. Feasibility studies and the cost of permitting for
  289  nature-based solutions that reduce the impact of flooding and
  290  sea level rise.
  291         g.The cost of permitting for projects designed to achieve
  292  reductions in the risks or impacts of flooding and sea level
  293  rise using nature-based solutions.
  294         2. A water management district identified in s. 373.069 to
  295  support local government adaptation planning, which may be
  296  conducted by the water management district or by a third party
  297  on behalf of the water management district. Such grants must be
  298  used for the express purpose of supporting the Florida Flood Hub
  299  for Applied Research and Innovation and the department in
  300  implementing this section through data creation and collection,
  301  modeling, and the implementation of statewide standards.
  302  Priority must be given to filling critical data gaps identified
  303  by the Florida Flood Hub for Applied Research and Innovation
  304  under s. 380.0933(2)(a).
  305         (c) A vulnerability assessment conducted pursuant to
  306  paragraph (b) must encompass the entire county or municipality;
  307  include all critical assets owned or maintained by the grant
  308  applicant; and use the most recent publicly available Digital
  309  Elevation Model and generally accepted analysis and modeling
  310  techniques. An assessment may encompass a smaller geographic
  311  area or include only a portion of the critical assets owned or
  312  maintained by the grant applicant with appropriate rationale and
  313  upon approval by the department. Locally collected elevation
  314  data may also be included as part of the assessment as long as
  315  it is submitted to the department pursuant to this paragraph.
  316         1. The assessment must include an analysis of the
  317  vulnerability of and risks to critical assets, including
  318  regionally significant assets, owned or managed by the county or
  319  municipality.
  320         2. Upon completion of a vulnerability assessment, the
  321  county or municipality shall submit to the department all of the
  322  following:
  323         a. A report detailing the findings of the assessment.
  324         b. All electronic mapping data used to illustrate flooding
  325  and sea level rise impacts identified in the assessment. When
  326  submitting such data, the county or municipality shall include:
  327         (I) Geospatial data in an electronic file format suitable
  328  for input to the department’s mapping tool.
  329         (II) Geographic information system (GIS) data that has been
  330  projected into the appropriate Florida State Plane Coordinate
  331  System and that is suitable for the department’s mapping tool.
  332  The county or municipality must also submit metadata using
  333  standards prescribed by the department.
  334         c. An inventory A list of critical assets, including
  335  regionally significant assets, that are currently, or within 50
  336  years are reasonably expected to be, impacted by flooding and
  337  sea level rise.
  338         (d) A vulnerability assessment conducted pursuant to
  339  paragraph (b) must do include all of the following:
  340         1. Include peril of flood comprehensive plan amendments
  341  that address the requirements of s. 163.3178(2)(f), if the
  342  county or municipality is subject to such requirements and has
  343  not complied with such requirements as determined by the
  344  Department of Commerce Economic Opportunity.
  345         2. Make use of the best available information through the
  346  Florida Flood Hub as certified by the Chief Science Officer, in
  347  consultation with the Chief Resilience Officer, including, as If
  348  applicable, analyzing impacts related to the depth of:
  349         a. Tidal flooding, including future high tide flooding,
  350  which must use thresholds published and provided by the
  351  department. To the extent practicable, the analysis should also
  352  geographically display the number of tidal flood days expected
  353  for each scenario and planning horizon.
  354         b. Current and future storm surge flooding using publicly
  355  available National Oceanic and Atmospheric Administration or
  356  Federal Emergency Management Agency storm surge data. The
  357  initial storm surge event used must equal or exceed the current
  358  100-year flood event. Higher frequency storm events may be
  359  analyzed to understand the exposure of a critical asset or
  360  regionally significant asset. Publicly available National
  361  Oceanic and Atmospheric Administration (NOAA) or Federal
  362  Emergency Management Agency storm surge data may be used in the
  363  absence of applicable data from the Florida Flood Hub.
  364         c. To the extent practicable, rainfall-induced flooding
  365  using a GIS-based spatiotemporal analysis or existing hydrologic
  366  and hydraulic modeling results. Future boundary conditions
  367  should be modified to consider sea level rise and high tide
  368  conditions. Vulnerability assessments for rainfall-induced
  369  flooding must include the depth of rainfall-induced flooding for
  370  a 100-year storm and a 500-year storm, as defined by the
  371  applicable water management district or, if necessary, the
  372  appropriate federal agency. Future rainfall conditions should be
  373  used, if available. Noncoastal communities must perform a
  374  rainfall-induced flooding assessment.
  375         d. To the extent practicable, compound flooding or the
  376  combination of tidal, storm surge, and rainfall-induced
  377  flooding.
  378         3. Apply the following scenarios and standards:
  379         a. All analyses in the North American Vertical Datum of
  380  1988.
  381         b. For a vulnerability assessment initiated after July 1,
  382  2024, at a minimum least two local sea level rise scenarios,
  383  which must include the 2022 NOAA 2017 National Oceanic and
  384  Atmospheric Administration intermediate-low and intermediate
  385  intermediate-high sea level rise scenarios or the statewide sea
  386  level rise projections developed pursuant to paragraph (4)(a)
  387  projections.
  388         c. At least two planning horizons identified in the
  389  following table which correspond with the appropriate
  390  comprehensive statewide flood vulnerability and sea level rise
  391  assessment for which the department, at the time of award,
  392  determines such local vulnerability assessment will be
  393  incorporated:
  394  
  395  Year of assessment   20-year planning horizon50-year planning horizon
  396  2024                          2040         2070                    
  397  2029                          2050         2080                    
  398  2034                          2055         2085                    
  399  2039                          2060         2090                    
  400  2044                          2065         2095                    
  401  2049                          2070         2100                    
  402  
  403  that include planning horizons for the years 2040 and 2070.
  404         d. Local sea level data maintained by the Florida Flood Hub
  405  which reflect the best available scientific information as
  406  certified by the Chief Science Officer, in consultation with the
  407  Chief Resilience Officer. If such data is not available, local
  408  sea level data may be that has been interpolated between the two
  409  closest NOAA National Oceanic and Atmospheric Administration
  410  tide gauges; however, such. Local sea level data may be taken
  411  from only one of the two closest NOAA tide gauges such gauge if
  412  the gauge has a higher mean sea level or may be. Data taken from
  413  an alternate tide gauge may be used with appropriate rationale
  414  and department approval, as long as it is publicly available or
  415  submitted to the department pursuant to paragraph (b).
  416         (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
  417  LEVEL RISE DATA SET AND ASSESSMENT.—
  418         (a) By July 1, 2023, The department shall develop and
  419  maintain complete the development of a comprehensive statewide
  420  flood vulnerability and sea level rise data set sufficient to
  421  conduct a comprehensive statewide flood vulnerability and sea
  422  level rise assessment. In developing and maintaining the data
  423  set, the department shall, in coordination with the Chief
  424  Resilience Officer and the Florida Flood Hub for Applied
  425  Research and Innovation, compile, analyze, and incorporate, as
  426  appropriate, information related to vulnerability assessments
  427  and critical asset inventories submitted to the department
  428  pursuant to subsection (3) or any previously completed
  429  assessments that meet the requirements of subsection (3).
  430         1. The Chief Science Officer shall, in coordination with
  431  the Chief Resilience Officer and the Florida Flood Hub necessary
  432  experts and resources, develop statewide sea level rise
  433  projections that incorporate temporal and spatial variability,
  434  to the extent practicable, for inclusion in the data set. This
  435  subparagraph does not supersede regionally adopted projections.
  436         2. The data set must include information necessary to
  437  determine the risks to inland and coastal communities,
  438  including, but not limited to, elevation, tidal levels, and
  439  precipitation.
  440         (b) By July 1, 2024, The department, in coordination with
  441  the Chief Resilience Officer and the Florida Flood Hub, shall
  442  complete a comprehensive statewide flood vulnerability and sea
  443  level rise assessment that identifies inland and coastal
  444  infrastructure, geographic areas, and communities in this the
  445  state which that are vulnerable to flooding and sea level rise
  446  and the associated risks.
  447         1. The department shall use the comprehensive statewide
  448  flood vulnerability and sea level rise data set to conduct the
  449  assessment.
  450         2. The assessment must incorporate local and regional
  451  analyses of vulnerabilities and risks, including, as
  452  appropriate, local mitigation strategies and postdisaster
  453  redevelopment plans.
  454         3. The assessment must include an inventory of critical
  455  assets, including regionally significant assets, that are
  456  essential for critical government and business functions,
  457  national security, public health and safety, the economy, flood
  458  and storm protection, water quality management, and wildlife
  459  habitat management, and must identify and analyze the
  460  vulnerability of and risks to such critical assets. When
  461  identifying critical assets for inclusion in the assessment, the
  462  department shall also take into consideration the critical
  463  assets identified by local governments and submitted to the
  464  department pursuant to subsection (3).
  465         4.The assessment must include the 20-year and 50-year
  466  projected sea level rise at each active NOAA tidal gauge off the
  467  coast of this state as derived from the statewide sea level rise
  468  projections developed pursuant to paragraph (a).
  469         (c) The department, in coordination with the Chief
  470  Resilience Officer and the Florida Flood Hub, shall update the
  471  comprehensive statewide flood vulnerability and sea level rise
  472  data set with the best available information each year and shall
  473  update the assessment at least every 5 years. The department may
  474  update the data set and assessment more frequently if it
  475  determines that updates are necessary to maintain the validity
  476  of the data set and assessment.
  477         (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
  478         (a) By December 1 of, 2021, and each year December 1
  479  thereafter, the department shall develop a Statewide Flooding
  480  and Sea Level Rise Resilience Plan on a 3-year planning horizon
  481  and submit it to the Governor, the President of the Senate, and
  482  the Speaker of the House of Representatives. The plan must
  483  consist of ranked projects that address risks of flooding and
  484  sea level rise to coastal and inland communities in the state.
  485  All eligible projects submitted to the department pursuant to
  486  this section must be ranked and included in the plan. Each plan
  487  must include a detailed narrative overview describing how the
  488  plan was developed, including a description of the methodology
  489  used by the department to determine project eligibility, a
  490  description of the methodology used to rank projects, the
  491  specific scoring system used, the project proposal application
  492  form, a copy of each submitted project proposal application form
  493  separated by eligible projects and ineligible projects, the
  494  total number of project proposals received and deemed eligible,
  495  the total funding requested, and the total funding requested for
  496  eligible projects.
  497         (b) The plan submitted by December 1, 2021, before the
  498  comprehensive statewide flood vulnerability and sea level rise
  499  assessment is completed, will be a preliminary plan that
  500  includes projects that address risks of flooding and sea level
  501  rise identified in available local government vulnerability
  502  assessments and projects submitted by water management districts
  503  that mitigate the risks of flooding or sea level rise on water
  504  supplies or water resources of the state. The plan submitted by
  505  December 1, 2022, and the plan submitted by December 1, 2023,
  506  will be updates to the preliminary plan. The plan submitted by
  507  December 1, 2024, and each plan submitted by December 1
  508  thereafter:,
  509         1. Shall primarily address risks of flooding and sea level
  510  rise identified in the comprehensive statewide flood
  511  vulnerability and sea level rise assessment; and
  512         2.May include, at the discretion of the department in
  513  consultation with the Chief Resilience Officer, other projects
  514  submitted pursuant to paragraph (d) which address risks of
  515  flooding and sea level rise to critical assets not yet
  516  identified in the comprehensive statewide flood vulnerability
  517  and sea level rise assessment.
  518         (c) Each plan submitted by the department pursuant to this
  519  subsection must include all of the following information for
  520  each recommended project:
  521         1. A description of the project.
  522         2. The location of the project.
  523         3. An estimate of how long the project will take to
  524  complete.
  525         4. An estimate of the cost of the project.
  526         5. The cost-share percentage available for the project.
  527         6. A summary of the priority score assigned to the project.
  528         7. The project sponsor.
  529         (d)1. By September 1 of, 2021, and each year September 1
  530  thereafter, all of the following entities may submit to the
  531  department a list of proposed projects that address risks of
  532  flooding or sea level rise identified in the comprehensive
  533  statewide flood vulnerability and sea level rise assessment or
  534  vulnerability assessments that meet the requirements of
  535  subsection (3):
  536         a. Counties.
  537         b. Municipalities.
  538         c. Special districts as defined in s. 189.012 which that
  539  are responsible for the management and maintenance of inlets and
  540  intracoastal waterways or for the operation and maintenance of a
  541  potable water facility, a wastewater facility, an airport, or a
  542  seaport facility.
  543         d.Regional resilience entities acting on behalf of one or
  544  more member counties or municipalities.
  545  
  546  For the plans submitted by December 1, 2024, such entities may
  547  submit projects identified in existing vulnerability assessments
  548  that do not comply with subsection (3) only if the entity is
  549  actively developing a vulnerability assessment that is either
  550  under a signed grant agreement with the department pursuant to
  551  subsection (3) or funded by another state or federal agency, or
  552  is self-funded and intended to meet the requirements of
  553  paragraph (3)(d) or the existing vulnerability assessment was
  554  completed using previously compliant statutory requirements.
  555  Projects identified from this category of vulnerability
  556  assessments are eligible for submittal until the prior
  557  vulnerability assessment has been updated to meet most recent
  558  statutory requirements 2021; December 1, 2022; and December 1,
  559  2023, such entities may submit projects identified in existing
  560  vulnerability assessments that do not comply with subsection
  561  (3). A regional resilience entity may also submit proposed
  562  projects to the department pursuant to this subparagraph on
  563  behalf of one or more member counties or municipalities.
  564         2. By September 1 of, 2021, and each year September 1
  565  thereafter, all of the following entities may submit to the
  566  department a list of any proposed projects that address risks of
  567  flooding or sea level rise identified in the comprehensive
  568  statewide flood vulnerability and sea level rise assessment or
  569  vulnerability assessments that meet the requirements of
  570  subsection (3), or that mitigate the risks of flooding or sea
  571  level rise on water supplies or water resources of the state and
  572  a corresponding evaluation of each project:
  573         a. Water management districts.
  574         b. Drainage districts.
  575         c. Erosion control districts.
  576         d. Flood control districts.
  577         e. Regional water supply authorities.
  578         3. Each project submitted to the department pursuant to
  579  this paragraph for consideration by the department for inclusion
  580  in the plan must include all of the following information:
  581         a. A description of the project.
  582         b. The location of the project.
  583         c. An estimate of how long the project will take to
  584  complete.
  585         d. An estimate of the cost of the project.
  586         e. The cost-share percentage available for the project.
  587         f. The project sponsor.
  588         (e) Each project included in the plan must have a minimum
  589  50 percent cost share unless the project assists or is within a
  590  financially disadvantaged small community eligible for a reduced
  591  cost share. For purposes of this section, the term “community
  592  eligible for a reduced cost share” “financially disadvantaged
  593  small community” means:
  594         1. A municipality that has a population of 10,000 or fewer,
  595  according to the most recent April 1 population estimates posted
  596  on the Office of Economic and Demographic Research’s website,
  597  and a per capita annual income that is less than the state’s per
  598  capita annual income as shown in the most recent release from
  599  the Bureau of the Census of the United States Department of
  600  Commerce that includes both measurements; or
  601         2. A county that has a population of 50,000 or fewer,
  602  according to the most recent April 1 population estimates posted
  603  on the Office of Economic and Demographic Research’s website,
  604  and a per capita annual income that is less than the state’s per
  605  capita annual income as shown in the most recent release from
  606  the Bureau of the Census of the United States Department of
  607  Commerce that includes both measurements; or
  608         3.A municipality or a county with a per capita annual
  609  income that is equal to or less than 75 percent of the state’s
  610  per capita annual income as shown in the most recent release
  611  from the Bureau of the Census of the United States Department of
  612  Commerce.
  613         (f) To be eligible for inclusion in the plan, a project
  614  must have been submitted pursuant to paragraph (d) or must have
  615  been identified in the comprehensive statewide flood
  616  vulnerability and sea level rise assessment, as applicable.
  617         (g) Expenses ineligible for inclusion in the plan include,
  618  but are not limited to, expenses associated with any of the
  619  following:
  620         1. Aesthetic vegetation.
  621         2. Recreational structures such as piers, docks, and
  622  boardwalks.
  623         3. Water quality components of stormwater and wastewater
  624  management systems, except for expenses to mitigate water
  625  quality impacts caused by the project or expenses related to
  626  water quality which are necessary to obtain a permit for the
  627  project.
  628         4. Maintenance and repair of over-walks.
  629         5. Park activities and facilities, except expenses to
  630  control flooding or erosion.
  631         6. Navigation construction, operation, and maintenance
  632  activities.
  633         7. Projects that provide only recreational benefits.
  634         (g)(h) The department shall implement a scoring system for
  635  assessing each project eligible for inclusion in the plan
  636  pursuant to this subsection. The scoring system must include the
  637  following tiers and associated criteria:
  638         1. Tier 1 must account for 40 percent of the total score
  639  and consist of all of the following criteria:
  640         a. The degree to which the project addresses the risks
  641  posed by flooding and sea level rise identified in the local
  642  government vulnerability assessments or the comprehensive
  643  statewide flood vulnerability and sea level rise assessment, as
  644  applicable.
  645         b. The degree to which the project addresses risks to
  646  regionally significant assets.
  647         c. The degree to which the project reduces risks to areas
  648  with an overall higher percentage of vulnerable critical assets.
  649         d. The degree to which the project contributes to existing
  650  flooding mitigation projects that reduce upland damage costs by
  651  incorporating new or enhanced structures or restoration and
  652  revegetation projects.
  653         2. Tier 2 must account for 30 percent of the total score
  654  and consist of all of the following criteria:
  655         a. The degree to which flooding and erosion currently
  656  affect the condition of the project area.
  657         b. The overall readiness of the project to proceed in a
  658  timely manner, considering the project’s readiness for the
  659  construction phase of development, the status of required
  660  permits, the status of any needed easement acquisition, and the
  661  availability of local funding sources.
  662         c. The environmental habitat enhancement or inclusion of
  663  nature-based options for resilience, with priority given to
  664  state or federal critical habitat areas for threatened or
  665  endangered species.
  666         d. The cost-effectiveness of the project.
  667         3. Tier 3 must account for 20 percent of the total score
  668  and consist of all of the following criteria:
  669         a. The availability of local, state, and federal matching
  670  funds, considering the status of the funding award, and federal
  671  authorization, if applicable.
  672         b. Previous state commitment and involvement in the
  673  project, considering previously funded phases, the total amount
  674  of previous state funding, and previous partial appropriations
  675  for the proposed project.
  676         c. The exceedance of the flood-resistant construction
  677  requirements of the Florida Building Code and applicable flood
  678  plain management regulations.
  679         4. Tier 4 must account for 10 percent of the total score
  680  and consist of all of the following criteria:
  681         a. The proposed innovative technologies designed to reduce
  682  project costs and provide regional collaboration.
  683         b. The extent to which the project assists financially
  684  disadvantaged communities.
  685         (h)(i) The total amount of funding proposed for each year
  686  of the plan may not be less than $100 million. Upon review and
  687  subject to appropriation, the Legislature shall approve funding
  688  for the projects as specified in the plan. Multiyear projects
  689  that receive funding for the first year of the project must be
  690  included in subsequent plans and funded until the project is
  691  complete, provided that the project sponsor has complied with
  692  all contractual obligations and funds are available.
  693         (i)(j) The department shall adopt rules initiate rulemaking
  694  by August 1, 2021, to implement this section.
  695         (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific
  696  legislative appropriation, the department may provide funding
  697  for all of the following purposes to regional entities,
  698  including regional planning councils and estuary partnerships,
  699  that are established by general purpose local governments and
  700  whose responsibilities include planning for the resilience needs
  701  of communities and coordinating intergovernmental solutions to
  702  mitigate adverse impacts of flooding and sea level rise:
  703         (a) Providing technical assistance to counties and
  704  municipalities.
  705         (b) Coordinating and conducting activities authorized by
  706  subsection (3) with broad regional benefit or on behalf of
  707  multiple member counties and municipalities multijurisdictional
  708  vulnerability assessments.
  709         (c) Developing project proposals to be submitted for
  710  inclusion in the Statewide Flooding and Sea Level Rise
  711  Resilience Plan.
  712         Section 5. Subsection (1) of section 381.0061, Florida
  713  Statutes, is amended to read:
  714         381.0061 Administrative fines.—
  715         (1) In addition to any administrative action authorized by
  716  chapter 120 or by other law, the department may impose a fine,
  717  which may not exceed $500 for each violation, for a violation of
  718  s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or
  719  part III of chapter 489, for a violation of any rule adopted by
  720  the department under this chapter, or for a violation of chapter
  721  386 not involving onsite sewage treatment and disposal systems.
  722  The department shall give an alleged violator a notice of intent
  723  to impose such fine shall be given by the department to the
  724  alleged violator. Each day that a violation continues may
  725  constitute a separate violation.
  726         Section 6. The Legislature intends that the transfer of the
  727  regulation of the Onsite Sewage Program from the Department of
  728  Health to the Department of Environmental Protection, as
  729  required by the Clean Waterways Act, chapter 2020-150, Laws of
  730  Florida, be completed in a phased approach.
  731         (1)Before the phased transfer, the Department of
  732  Environmental Protection shall coordinate with the Department of
  733  Health to identify equipment and vehicles that were previously
  734  used to carry out the program in each county and that are no
  735  longer needed for such purpose. The Department of Health shall
  736  transfer the agreed-upon equipment and vehicles to the
  737  Department of Environmental Protection, to the extent that each
  738  county agrees to relinquish ownership of such equipment and
  739  vehicles to the Department of Health.
  740         (2)When the Department of Environmental Protection begins
  741  implementing the program within a county, the Department of
  742  Health may no longer implement or collect fees for the program
  743  unless specified by separate delegation or contract with the
  744  Department of Environmental Protection.
  745         Section 7. Paragraph (h) of subsection (3) and subsections
  746  (5) and (7) of section 381.0065, Florida Statutes, are amended,
  747  paragraph (o) is added to subsection (3) of that section, and
  748  subsection (9) is added to that section, to read:
  749         381.0065 Onsite sewage treatment and disposal systems;
  750  regulation.—
  751         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  752  PROTECTION.—The department shall:
  753         (h) Conduct enforcement activities in accordance with part
  754  I of chapter 403, including imposing fines, issuing citations,
  755  suspensions, revocations, injunctions, and emergency orders for
  756  violations of this section, part I of chapter 386, or part III
  757  of chapter 489 or for a violation of any rule adopted by the
  758  department under this section, part I of chapter 386, or part
  759  III of chapter 489. All references to part I of chapter 386 in
  760  this section relate solely to nuisances involving improperly
  761  built or maintained septic tanks or other onsite sewage
  762  treatment and disposal systems, and untreated or improperly
  763  treated or transported waste from onsite sewage treatment and
  764  disposal systems. The department shall have all the duties and
  765  authorities of the Department of Health in part I of chapter 386
  766  for nuisances involving onsite sewage treatment and disposal
  767  systems. The department’s authority under part I of chapter 386
  768  is in addition to and may be pursued independently of or
  769  simultaneously with the enforcement remedies provided under this
  770  section and chapter 403.
  771         (o)Adopt rules establishing and implementing a program of
  772  general permits for this section for projects, or categories of
  773  projects, which have, individually or cumulatively, a minimal
  774  adverse impact on public health or the environment. Such rules
  775  must:
  776         1.Specify design or performance criteria which, if
  777  applied, would result in compliance with appropriate standards;
  778  and
  779         2.Authorize a person who complies with the general permit
  780  eligibility requirements to use the permit 30 days after giving
  781  notice to the department without any agency action by the
  782  department. Within the 30-day notice period, the department
  783  shall determine whether the activity qualifies for a general
  784  permit. If the activity does not qualify or the notice does not
  785  contain all the required information, the department must notify
  786  the person.
  787         (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  788         (a) Department personnel who have reason to believe
  789  noncompliance exists, may at any reasonable time, enter the
  790  premises permitted under ss. 381.0065-381.0066, or the business
  791  premises of any septic tank contractor or master septic tank
  792  contractor registered under part III of chapter 489, or any
  793  premises that the department has reason to believe is being
  794  operated or maintained not in compliance, to determine
  795  compliance with the provisions of this section, part I of
  796  chapter 386, or part III of chapter 489 or rules or standards
  797  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  798  part III of chapter 489. As used in this paragraph, the term
  799  “premises” does not include a residence or private building. To
  800  gain entry to a residence or private building, the department
  801  must obtain permission from the owner or occupant or secure an
  802  inspection warrant from a court of competent jurisdiction
  803  pursuant to the procedures of s. 403.091.
  804         (b)1. The department has all of the judicial and
  805  administrative remedies available to it pursuant to part I of
  806  chapter 403 may issue citations that may contain an order of
  807  correction or an order to pay a fine, or both, for violations of
  808  ss. 381.0065-381.0067, part I of chapter 386, or part III of
  809  chapter 489 or the rules adopted by the department, when a
  810  violation of these sections or rules is enforceable by an
  811  administrative or civil remedy, or when a violation of these
  812  sections or rules is a misdemeanor of the second degree. A
  813  citation issued under ss. 381.0065-381.0067, part I of chapter
  814  386, or part III of chapter 489 constitutes a notice of proposed
  815  agency action.
  816         2. A citation must be in writing and must describe the
  817  particular nature of the violation, including specific reference
  818  to the provisions of law or rule allegedly violated.
  819         3. The fines imposed by a citation issued by the department
  820  may not exceed $500 for each violation. Each day the violation
  821  exists constitutes a separate violation for which a citation may
  822  be issued.
  823         4. The department shall inform the recipient, by written
  824  notice pursuant to ss. 120.569 and 120.57, of the right to an
  825  administrative hearing to contest the citation within 21 days
  826  after the date the citation is received. The citation must
  827  contain a conspicuous statement that if the recipient fails to
  828  pay the fine within the time allowed, or fails to appear to
  829  contest the citation after having requested a hearing, the
  830  recipient has waived the recipient’s right to contest the
  831  citation and must pay an amount up to the maximum fine.
  832         5. The department may reduce or waive the fine imposed by
  833  the citation. In determining whether to reduce or waive the
  834  fine, the department must consider the gravity of the violation,
  835  the person’s attempts at correcting the violation, and the
  836  person’s history of previous violations including violations for
  837  which enforcement actions were taken under ss. 381.0065
  838  381.0067, part I of chapter 386, part III of chapter 489, or
  839  other provisions of law or rule.
  840         6. Any person who willfully refuses to sign and accept a
  841  citation issued by the department commits a misdemeanor of the
  842  second degree, punishable as provided in s. 775.082 or s.
  843  775.083.
  844         7. The department, pursuant to ss. 381.0065-381.0067, part
  845  I of chapter 386, or part III of chapter 489, shall deposit any
  846  damages, costs, or penalties fines it collects pursuant to this
  847  section and part I of chapter 403 in the Water Quality Assurance
  848  Trust Fund county health department trust fund for use in
  849  providing services specified in those sections.
  850         8. This section provides an alternative means of enforcing
  851  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  852  chapter 489. This section does not prohibit the department from
  853  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  854  III of chapter 489, or its rules, by any other means. However,
  855  the department must elect to use only a single method of
  856  enforcement for each violation.
  857         (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
  858  TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
  859  total maximum daily load, the department shall implement a fast
  860  track approval process of no longer than 6 months for the
  861  determination of the use of American National Standards
  862  Institute 245 systems approved by NSF International before July
  863  1, 2020. The department shall also establish an enhanced
  864  nutrient-reducing onsite sewage treatment and disposal system
  865  approval program that will expeditiously evaluate and approve
  866  such systems for use in this state to comply with ss.
  867  403.067(7)(a)10. and 373.469(3)(d).
  868         (9)CONTRACT OR DELEGATION AUTHORITY.—The department may
  869  contract with or delegate its powers and duties under this
  870  section to a county as provided in s. 403.061 or s. 403.182.
  871         Section 8. Subsection (2) of section 381.0066, Florida
  872  Statutes, is amended to read:
  873         381.0066 Onsite sewage treatment and disposal systems;
  874  fees.—
  875         (2) The minimum fees in the following fee schedule apply
  876  until changed by rule by the department within the following
  877  limits:
  878         (a) Application review, permit issuance, or system
  879  inspection, when performed by the department or a private
  880  provider inspector, including repair of a subsurface, mound,
  881  filled, or other alternative system or permitting of an
  882  abandoned system: a fee of not less than $25, or more than $125.
  883         (b) Site evaluation, site reevaluation, evaluation of a
  884  system previously in use, or a per annum septage disposal site
  885  evaluation: a fee of not less than $40, or more than $115.
  886         (c) Biennial operating permit for aerobic treatment units
  887  or performance-based treatment systems: a fee of not more than
  888  $100.
  889         (d) Annual operating permit for systems located in areas
  890  zoned for industrial manufacturing or equivalent uses or where
  891  the system is expected to receive wastewater which is not
  892  domestic in nature: a fee of not less than $150, or more than
  893  $300.
  894         (e) Innovative technology: a fee not to exceed $25,000.
  895         (f) Septage disposal service, septage stabilization
  896  facility, portable or temporary toilet service, tank
  897  manufacturer inspection: a fee of not less than $25, or more
  898  than $200, per year.
  899         (g) Application for variance: a fee of not less than $150,
  900  or more than $300.
  901         (h) Annual operating permit for waterless, incinerating, or
  902  organic waste composting toilets: a fee of not less than $15, or
  903  more than $30.
  904         (i) Aerobic treatment unit or performance-based treatment
  905  system maintenance entity permit: a fee of not less than $25, or
  906  more than $150, per year.
  907         (j) Reinspection fee per visit for site inspection after
  908  system construction approval or for noncompliant system
  909  installation per site visit: a fee of not less than $25, or more
  910  than $100.
  911         (k) Research: An additional $5 fee shall be added to each
  912  new system construction permit issued to be used to fund onsite
  913  sewage treatment and disposal system research, demonstration,
  914  and training projects. Five dollars from any repair permit fee
  915  collected under this section shall be used for funding the
  916  hands-on training centers described in s. 381.0065(3)(j).
  917         (l) Annual operating permit, including annual inspection
  918  and any required sampling and laboratory analysis of effluent,
  919  for an engineer-designed performance-based system: a fee of not
  920  less than $150, or more than $300.
  921  
  922  The funds collected pursuant to this subsection for the
  923  implementation of onsite sewage treatment and disposal system
  924  regulation and for the purposes of ss. 381.00655 and 381.0067,
  925  subsequent to any phased transfer of implementation from the
  926  Department of Health to the department within any county
  927  pursuant to s. 381.0065, must be deposited in the Florida Permit
  928  Fee Trust Fund under s. 403.0871, to be administered by the
  929  department a trust fund administered by the department, to be
  930  used for the purposes stated in this section and ss. 381.0065
  931  and 381.00655.
  932         Section 9. Subsection (4) of section 403.061, Florida
  933  Statutes, is amended to read:
  934         403.061 Department; powers and duties.—The department shall
  935  have the power and the duty to control and prohibit pollution of
  936  air and water in accordance with the law and rules adopted and
  937  promulgated by it and, for this purpose, to:
  938         (4) Secure necessary scientific, technical, research,
  939  administrative, and operational services by interagency
  940  agreement, by contract, or otherwise. All state agencies and
  941  counties, upon direction of the department, shall make these
  942  services and facilities available.
  943  
  944  The department shall implement such programs in conjunction with
  945  its other powers and duties and shall place special emphasis on
  946  reducing and eliminating contamination that presents a threat to
  947  humans, animals or plants, or to the environment.
  948         Section 10. Subsections (1), (2), (14), and (15) of section
  949  403.064, Florida Statutes, are amended to read:
  950         403.064 Reuse of reclaimed water.—
  951         (1) The encouragement and promotion of water conservation,
  952  and reuse of reclaimed water, as defined by the department, are
  953  state objectives and are considered to be in the public
  954  interest. The Legislature finds that the reuse of reclaimed
  955  water is a critical component of meeting the state’s existing
  956  and future water supply needs while sustaining natural systems
  957  and encouraging its best and most beneficial use. The
  958  Legislature further finds that for those wastewater treatment
  959  plants permitted and operated under an approved reuse program by
  960  the department, the reclaimed water shall be considered
  961  environmentally acceptable and not a threat to public health and
  962  safety. The Legislature encourages the development of incentive
  963  based programs for reuse implementation.
  964         (2) All applicants for permits to construct or operate a
  965  domestic wastewater treatment facility located within, serving a
  966  population located within, or discharging within a water
  967  resource caution area shall prepare a reuse feasibility study as
  968  part of their application for the permit. Reuse feasibility
  969  studies must shall be prepared in accordance with department
  970  guidelines adopted by rule and shall include, but are not
  971  limited to:
  972         (a) Evaluation of monetary costs and benefits for several
  973  levels and types of reuse.
  974         (b) Evaluation of the estimated water savings resulting
  975  from different types of if reuse, if is implemented.
  976         (c) Evaluation of rates and fees necessary to implement
  977  reuse.
  978         (d) Evaluation of environmental and water resource benefits
  979  associated with the different types of reuse.
  980         (e) Evaluation of economic, environmental, and technical
  981  constraints associated with the different types of reuse,
  982  including any constraints caused by potential water quality
  983  impacts.
  984         (f) A schedule for implementation of reuse. The schedule
  985  must shall consider phased implementation.
  986         (14) After conducting a feasibility study under subsection
  987  (2), a domestic wastewater treatment facility facilities that
  988  disposes dispose of effluent by Class I deep well injection, as
  989  defined in 40 C.F.R. s. 144.6(a), surface water discharge, land
  990  application, or other method to dispose of effluent or a portion
  991  thereof must implement reuse to the degree that reuse is
  992  feasible, based upon the applicant’s reuse feasibility study,
  993  with consideration given to direct ecological or public water
  994  supply benefits afforded by any disposal. Applicable permits
  995  issued by the department must shall be consistent with the
  996  requirements of this subsection.
  997         (a) This subsection does not limit the use of a Class I
  998  deep well injection as defined in 40 C.F.R. s. 144.6(a), surface
  999  water discharge, land application, or another method to dispose
 1000  of effluent or a portion thereof for backup use only facility as
 1001  backup for a reclaimed water reuse system.
 1002         (b) This subsection applies only to domestic wastewater
 1003  treatment facilities located within, serving a population
 1004  located within, or discharging within a water resource caution
 1005  area.
 1006         (15) After conducting a feasibility study under subsection
 1007  (2), domestic wastewater treatment facilities that dispose of
 1008  effluent by surface water discharges or by land application
 1009  methods must implement reuse to the degree that reuse is
 1010  feasible, based upon the applicant’s reuse feasibility study.
 1011  This subsection does not apply to surface water discharges or
 1012  land application systems which are currently categorized as
 1013  reuse under department rules. Applicable permits issued by the
 1014  department shall be consistent with the requirements of this
 1015  subsection.
 1016         (a) This subsection does not limit the use of a surface
 1017  water discharge or land application facility as backup for a
 1018  reclaimed water reuse system.
 1019         (b) This subsection applies only to domestic wastewater
 1020  treatment facilities located within, serving a population
 1021  located within, or discharging within a water resource caution
 1022  area.
 1023         Section 11. Paragraph (a) of subsection (7) of section
 1024  403.067, Florida Statutes, is amended to read:
 1025         403.067 Establishment and implementation of total maximum
 1026  daily loads.—
 1027         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1028  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1029         (a) Basin management action plans.—
 1030         1. In developing and implementing the total maximum daily
 1031  load for a waterbody, the department, or the department in
 1032  conjunction with a water management district, may develop a
 1033  basin management action plan that addresses some or all of the
 1034  watersheds and basins tributary to the waterbody. Such plan must
 1035  integrate the appropriate management strategies available to the
 1036  state through existing water quality protection programs to
 1037  achieve the total maximum daily loads and may provide for phased
 1038  implementation of these management strategies to promote timely,
 1039  cost-effective actions as provided for in s. 403.151. The plan
 1040  must establish a schedule implementing the management
 1041  strategies, establish a basis for evaluating the plan’s
 1042  effectiveness, and identify feasible funding strategies for
 1043  implementing the plan’s management strategies. The management
 1044  strategies may include regional treatment systems or other
 1045  public works, when appropriate, and voluntary trading of water
 1046  quality credits to achieve the needed pollutant load reductions.
 1047         2. A basin management action plan must equitably allocate,
 1048  pursuant to paragraph (6)(b), pollutant reductions to individual
 1049  basins, as a whole to all basins, or to each identified point
 1050  source or category of nonpoint sources, as appropriate. For
 1051  nonpoint sources for which best management practices have been
 1052  adopted, the initial requirement specified by the plan must be
 1053  those practices developed pursuant to paragraph (c). When
 1054  appropriate, the plan may take into account the benefits of
 1055  pollutant load reduction achieved by point or nonpoint sources
 1056  that have implemented management strategies to reduce pollutant
 1057  loads, including best management practices, before the
 1058  development of the basin management action plan. The plan must
 1059  also identify the mechanisms that will address potential future
 1060  increases in pollutant loading.
 1061         3. The basin management action planning process is intended
 1062  to involve the broadest possible range of interested parties,
 1063  with the objective of encouraging the greatest amount of
 1064  cooperation and consensus possible. In developing a basin
 1065  management action plan, the department shall assure that key
 1066  stakeholders, including, but not limited to, applicable local
 1067  governments, water management districts, the Department of
 1068  Agriculture and Consumer Services, other appropriate state
 1069  agencies, local soil and water conservation districts,
 1070  environmental groups, regulated interests, and affected
 1071  pollution sources, are invited to participate in the process.
 1072  The department shall hold at least one public meeting in the
 1073  vicinity of the watershed or basin to discuss and receive
 1074  comments during the planning process and shall otherwise
 1075  encourage public participation to the greatest practicable
 1076  extent. Notice of the public meeting must be published in a
 1077  newspaper of general circulation in each county in which the
 1078  watershed or basin lies at least 5 days, but not more than 15
 1079  days, before the public meeting. A basin management action plan
 1080  does not supplant or otherwise alter any assessment made under
 1081  subsection (3) or subsection (4) or any calculation or initial
 1082  allocation.
 1083         4. Each new or revised basin management action plan must
 1084  include all of the following:
 1085         a. The appropriate management strategies available through
 1086  existing water quality protection programs to achieve total
 1087  maximum daily loads, which may provide for phased implementation
 1088  to promote timely, cost-effective actions as provided for in s.
 1089  403.151.
 1090         b. A description of best management practices adopted by
 1091  rule.
 1092         c. For the applicable 5-year implementation milestone, a
 1093  list of projects that will achieve the pollutant load reductions
 1094  needed to meet the total maximum daily load or the load
 1095  allocations established pursuant to subsection (6). Each project
 1096  must include a planning-level cost estimate and an estimated
 1097  date of completion.
 1098         d. A list of projects developed pursuant to paragraph (e),
 1099  if applicable.
 1100         e. The source and amount of financial assistance to be made
 1101  available by the department, a water management district, or
 1102  other entity for each listed project, if applicable.
 1103         f. A planning-level estimate of each listed project’s
 1104  expected load reduction, if applicable.
 1105         5. The department shall adopt all or any part of a basin
 1106  management action plan and any amendment to such plan by
 1107  secretarial order pursuant to chapter 120 to implement this
 1108  section.
 1109         6. The basin management action plan must include 5-year
 1110  milestones for implementation and water quality improvement, and
 1111  an associated water quality monitoring component sufficient to
 1112  evaluate whether reasonable progress in pollutant load
 1113  reductions is being achieved over time. An assessment of
 1114  progress toward these milestones shall be conducted every 5
 1115  years, and revisions to the plan shall be made as appropriate.
 1116  Any entity with a specific pollutant load reduction requirement
 1117  established in a basin management action plan shall identify the
 1118  projects or strategies that such entity will undertake to meet
 1119  current 5-year pollution reduction milestones, beginning with
 1120  the first 5-year milestone for new basin management action
 1121  plans, and submit such projects to the department for inclusion
 1122  in the appropriate basin management action plan. Each project
 1123  identified must include an estimated amount of nutrient
 1124  reduction that is reasonably expected to be achieved based on
 1125  the best scientific information available. Revisions to the
 1126  basin management action plan shall be made by the department in
 1127  cooperation with basin stakeholders. Revisions to the management
 1128  strategies required for nonpoint sources must follow the
 1129  procedures in subparagraph (c)4. Revised basin management action
 1130  plans must be adopted pursuant to subparagraph 5.
 1131         7. In accordance with procedures adopted by rule under
 1132  paragraph (9)(c), basin management action plans, and other
 1133  pollution control programs under local, state, or federal
 1134  authority as provided in subsection (4), may allow point or
 1135  nonpoint sources that will achieve greater pollutant reductions
 1136  than required by an adopted total maximum daily load or
 1137  wasteload allocation to generate, register, and trade water
 1138  quality credits for the excess reductions to enable other
 1139  sources to achieve their allocation; however, the generation of
 1140  water quality credits does not remove the obligation of a source
 1141  or activity to meet applicable technology requirements or
 1142  adopted best management practices. Such plans must allow trading
 1143  between NPDES permittees, and trading that may or may not
 1144  involve NPDES permittees, where the generation or use of the
 1145  credits involve an entity or activity not subject to department
 1146  water discharge permits whose owner voluntarily elects to obtain
 1147  department authorization for the generation and sale of credits.
 1148         8. The department’s rule relating to the equitable
 1149  abatement of pollutants into surface waters do not apply to
 1150  water bodies or waterbody segments for which a basin management
 1151  plan that takes into account future new or expanded activities
 1152  or discharges has been adopted under this section.
 1153         9. In order to promote resilient wastewater utilities, if
 1154  the department identifies domestic wastewater treatment
 1155  facilities or onsite sewage treatment and disposal systems as
 1156  contributors of at least 20 percent of point source or nonpoint
 1157  source nutrient pollution or if the department determines
 1158  remediation is necessary to achieve the total maximum daily
 1159  load, a basin management action plan for a nutrient total
 1160  maximum daily load must include the following:
 1161         a. A domestic wastewater treatment plan developed by each
 1162  local government, in cooperation with the department, the water
 1163  management district, and the public and private domestic
 1164  wastewater treatment facilities providing services or located
 1165  within the jurisdiction of the local government, which that
 1166  addresses domestic wastewater. Private domestic wastewater
 1167  facilities and special districts providing domestic wastewater
 1168  services must provide the required wastewater facility
 1169  information to the applicable local governments. The domestic
 1170  wastewater treatment plan must:
 1171         (I) Provide for construction, expansion, or upgrades
 1172  necessary to achieve the total maximum daily load requirements
 1173  applicable to the domestic wastewater treatment facility.
 1174         (II) Include the permitted capacity in average annual
 1175  gallons per day for the domestic wastewater treatment facility;
 1176  the average nutrient concentration and the estimated average
 1177  nutrient load of the domestic wastewater; a projected timeline
 1178  of the dates by which the construction of any facility
 1179  improvements will begin and be completed and the date by which
 1180  operations of the improved facility will begin; the estimated
 1181  cost of the improvements; and the identity of responsible
 1182  parties.
 1183  
 1184  The domestic wastewater treatment plan must be adopted as part
 1185  of the basin management action plan no later than July 1, 2025.
 1186  A local government that does not have a domestic wastewater
 1187  treatment facility in its jurisdiction is not required to
 1188  develop a domestic wastewater treatment plan unless there is a
 1189  demonstrated need to establish a domestic wastewater treatment
 1190  facility within its jurisdiction to improve water quality
 1191  necessary to achieve a total maximum daily load. A local
 1192  government is not responsible for a private domestic wastewater
 1193  facility’s compliance with a basin management action plan unless
 1194  such facility is operated through a public-private partnership
 1195  to which the local government is a party.
 1196         b. An onsite sewage treatment and disposal system
 1197  remediation plan developed by each local government in
 1198  cooperation with the department, the Department of Health, water
 1199  management districts, and public and private domestic wastewater
 1200  treatment facilities.
 1201         (I) The onsite sewage treatment and disposal system
 1202  remediation plan must identify cost-effective and financially
 1203  feasible projects necessary to achieve the nutrient load
 1204  reductions required for onsite sewage treatment and disposal
 1205  systems. To identify cost-effective and financially feasible
 1206  projects for remediation of onsite sewage treatment and disposal
 1207  systems, the local government shall:
 1208         (A) Include an inventory of onsite sewage treatment and
 1209  disposal systems based on the best information available;
 1210         (B) Identify onsite sewage treatment and disposal systems
 1211  that would be eliminated through connection to existing or
 1212  future central domestic wastewater infrastructure in the
 1213  jurisdiction or domestic wastewater service area of the local
 1214  government, that would be replaced with or upgraded to enhanced
 1215  nutrient-reducing onsite sewage treatment and disposal systems,
 1216  or that would remain on conventional onsite sewage treatment and
 1217  disposal systems;
 1218         (C) Estimate the costs of potential onsite sewage treatment
 1219  and disposal system connections, upgrades, or replacements; and
 1220         (D) Identify deadlines and interim milestones for the
 1221  planning, design, and construction of projects.
 1222         (II) The department shall adopt the onsite sewage treatment
 1223  and disposal system remediation plan as part of the basin
 1224  management action plan no later than July 1, 2025, or as
 1225  required for Outstanding Florida Springs under s. 373.807.
 1226         10. The installation of new onsite sewage treatment and
 1227  disposal systems constructed within a basin management action
 1228  plan area adopted under this section, a reasonable assurance
 1229  plan, or a pollution reduction plan is prohibited where
 1230  connection to a publicly owned or investor-owned sewerage system
 1231  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1232  or less within a basin management action plan adopted under this
 1233  section, a reasonable assurance plan, or a pollution reduction
 1234  plan where a publicly owned or investor-owned sewerage system is
 1235  not available, the installation of enhanced nutrient-reducing
 1236  onsite sewage treatment and disposal systems or other wastewater
 1237  treatment systems that achieve at least 65 percent nitrogen
 1238  reduction is required.
 1239         11. When identifying wastewater projects in a basin
 1240  management action plan, the department may not require the
 1241  higher cost option if it achieves the same nutrient load
 1242  reduction as a lower cost option. A regulated entity may choose
 1243  a different cost option if it complies with the pollutant
 1244  reduction requirements of an adopted total maximum daily load
 1245  and meets or exceeds the pollution reduction requirement of the
 1246  original project.
 1247         12. Annually, local governments subject to a basin
 1248  management action plan or located within the basin of a
 1249  waterbody not attaining nutrient or nutrient-related standards
 1250  must provide to the department an update on the status of
 1251  construction of sanitary sewers to serve such areas, in a manner
 1252  prescribed by the department.
 1253         Section 12. Paragraph (f) of subsection (2) and subsection
 1254  (7) of section 403.0673, Florida Statutes, are amended, and
 1255  subsection (8) is added to that section, to read:
 1256         403.0673 Water quality improvement grant program.—A grant
 1257  program is established within the Department of Environmental
 1258  Protection to address wastewater, stormwater, and agricultural
 1259  sources of nutrient loading to surface water or groundwater.
 1260         (2) The department may provide grants for all of the
 1261  following types of projects that reduce the amount of nutrients
 1262  entering those waterbodies identified in subsection (1):
 1263         (f) Projects identified in a domestic wastewater treatment
 1264  plan or an onsite sewage treatment and disposal system
 1265  remediation plan developed pursuant to s. 403.067(7)(a)9.a. and
 1266  b.
 1267         (7) Beginning January 15, 2024, and each January 15
 1268  thereafter, the department shall submit a report regarding the
 1269  projects funded pursuant to this section to the Governor, the
 1270  President of the Senate, and the Speaker of the House of
 1271  Representatives.
 1272         (a) The report must include a list of those projects
 1273  receiving funding and the following information for each
 1274  project:
 1275         1.(a) A description of the project;
 1276         2.(b) The cost of the project;
 1277         3.(c) The estimated nutrient load reduction of the project;
 1278         4.(d) The location of the project;
 1279         5.(e) The waterbody or waterbodies where the project will
 1280  reduce nutrients; and
 1281         6.(f) The total cost share being provided for the project.
 1282         (b)The report must also include a status report on each
 1283  project funded since 2021. The status report must, at a minimum,
 1284  identify which projects have been completed and, if such
 1285  information is available, provide nutrient load improvements or
 1286  water quality testing data for the waterbody.
 1287         (8)By July 1, 2025, the department must include the
 1288  projects funded pursuant to this section on a user-friendly
 1289  website or dashboard. The website or dashboard must allow the
 1290  user to see the information provided in subsection (7) and must
 1291  be updated at least annually.
 1292         Section 13. Paragraph (c) of subsection (1) of section
 1293  403.086, Florida Statutes, is amended to read:
 1294         403.086 Sewage disposal facilities; advanced and secondary
 1295  waste treatment.—
 1296         (1)
 1297         (c)1. Notwithstanding this chapter or chapter 373, sewage
 1298  disposal facilities may not dispose any wastes into the
 1299  following waters without providing advanced waste treatment, as
 1300  defined in subsection (4), as approved by the department or a
 1301  more stringent treatment standard if the department determines
 1302  the more stringent standard is necessary to achieve the total
 1303  maximum daily load or applicable water quality criteria:
 1304         a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega
 1305  Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little
 1306  Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay;
 1307  Biscayne Bay; or any river, stream, channel, canal, bay, bayou,
 1308  sound, or other water tributary thereto.
 1309         b. Beginning July 1, 2025, Indian River Lagoon, or any
 1310  river, stream, channel, canal, bay, bayou, sound, or other water
 1311  tributary thereto.
 1312         c. By January 1, 2033, waterbodies that are currently not
 1313  attaining nutrient or nutrient-related standards or that are
 1314  subject to a nutrient or nutrient-related basin management
 1315  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1316  assurance plan.
 1317         2. For any waterbody determined not to be attaining
 1318  nutrient or nutrient-related standards after July 1, 2023, or
 1319  subject to a nutrient or nutrient-related basin management
 1320  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1321  assurance plan after July 1, 2023, sewage disposal facilities
 1322  are prohibited from disposing any wastes into such waters
 1323  without providing advanced waste treatment, as defined in
 1324  subsection (4), as approved by the department within 10 years
 1325  after such determination or adoption.
 1326         3.By July 1, 2034, a wastewater treatment facility
 1327  providing reclaimed water that will be used for commercial or
 1328  residential irrigation or be otherwise land applied within a
 1329  nutrient basin management action plan or reasonable assurance
 1330  plan area must meet the advanced waste treatment standards for
 1331  total nitrogen and total phosphorous as defined in paragraph
 1332  (4)(a) if the department has determined in an applicable basin
 1333  management action plan or reasonable assurance plan that the use
 1334  of reclaimed water as described in this subparagraph is causing
 1335  or contributing to the nutrient impairment being addressed in
 1336  such plan. For such department determinations made in a nutrient
 1337  basin management action plan or reasonable assurance plan after
 1338  July 1, 2024, an applicable wastewater treatment facility must
 1339  meet the requisite advanced waste treatment standards described
 1340  in this subparagraph within 10 years after such determination.
 1341  This subparagraph does not prevent the department from requiring
 1342  an alternative treatment standard, including a more stringent
 1343  treatment standard, if the department determines that the
 1344  alternative standard is necessary to achieve the total maximum
 1345  daily load or applicable water quality criteria. This
 1346  subparagraph does not apply to reclaimed water that is otherwise
 1347  land applied as part of a water quality restoration project or
 1348  water resource development project approved by the department to
 1349  meet a total maximum daily load or minimum flow or level and
 1350  where such reclaimed water will be at or below the advanced
 1351  waste treatment standards described above before entering
 1352  groundwater or surface water.
 1353         Section 14. Paragraphs (a) and (b) of subsection (1) and
 1354  paragraph (b) of subsection (3) of section 403.091, Florida
 1355  Statutes, are amended to read:
 1356         403.091 Inspections.—
 1357         (1)(a) Any duly authorized representative of the department
 1358  may at any reasonable time enter and inspect, for the purpose of
 1359  ascertaining the state of compliance with the law or rules and
 1360  regulations of the department, any property, premises, or place,
 1361  except a building which is used exclusively for a private
 1362  residence, on or at which:
 1363         1. A hazardous waste generator, transporter, or facility or
 1364  other air or water contaminant source;
 1365         2. A discharger, including any nondomestic discharger which
 1366  introduces any pollutant into a publicly owned treatment works;
 1367         3. An onsite sewage treatment and disposal system as
 1368  defined in s. 381.0065(2)(m);
 1369         4. Any facility, as defined in s. 376.301; or
 1370         5.4. A resource recovery and management facility
 1371  
 1372  is located or is being constructed or installed or where records
 1373  which are required under this chapter, ss. 376.30-376.317, or
 1374  department rule are kept.
 1375         (b) Any duly authorized representative may at reasonable
 1376  times have access to and copy any records required under this
 1377  chapter or ss. 376.30-376.317; inspect any monitoring equipment
 1378  or method; sample for any pollutants as defined in s. 376.301,
 1379  effluents, or wastes which the owner or operator of such source
 1380  may be discharging or which may otherwise be located on or
 1381  underlying the owner’s or operator’s property; and obtain any
 1382  other information necessary to determine compliance with permit
 1383  conditions or other requirements of this chapter, ss. 376.30
 1384  376.317, ss. 381.0065-381.0067, part I of chapter 386 for
 1385  purposes of onsite sewage treatment and disposal systems, part
 1386  III of chapter 489, or rules or standards adopted under ss.
 1387  381.0065-381.0067, part I of chapter 386 for purposes of onsite
 1388  sewage treatment and disposal systems, or part III of chapter
 1389  489, or department rules.
 1390         (3)
 1391         (b) Upon proper affidavit being made, an inspection warrant
 1392  may be issued under the provisions of this chapter or ss.
 1393  376.30-376.317:
 1394         1. When it appears that the properties to be inspected may
 1395  be connected with or contain evidence of the violation of any of
 1396  the provisions of this chapter or ss. 376.30-376.317, ss.
 1397  381.0065-381.0067, part I of chapter 386 for purposes of onsite
 1398  sewage treatment and disposal systems, part III of chapter 489,
 1399  or rules or standards adopted under ss. 381.0065-381.0067, part
 1400  I of chapter 386 for purposes of onsite sewage treatment and
 1401  disposal systems, or part III of chapter 489 or any rule
 1402  properly promulgated thereunder; or
 1403         2. When the inspection sought is an integral part of a
 1404  larger scheme of systematic routine inspections which are
 1405  necessary to, and consistent with, the continuing efforts of the
 1406  department to ensure compliance with the provisions of this
 1407  chapter or ss. 376.30-376.317, ss. 381.0065-381.0067, part I of
 1408  chapter 386 for purposes of onsite sewage treatment and disposal
 1409  systems, part III of chapter 489, or rules or standards adopted
 1410  under ss. 381.0065-381.0067, part I of chapter 386 for purposes
 1411  of onsite sewage treatment and disposal systems, or part III of
 1412  chapter 489 and any rules adopted thereunder.
 1413         Section 15. Section 403.121, Florida Statutes, is amended
 1414  to read:
 1415         403.121 Enforcement; procedure; remedies.—The department
 1416  shall have the following judicial and administrative remedies
 1417  available to it for violations of this chapter, as specified in
 1418  s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for
 1419  purposes of onsite sewage treatment and disposal systems, part
 1420  III of chapter 489, or any rule promulgated thereunder.
 1421         (1) Judicial Remedies:
 1422         (a) The department may institute a civil action in a court
 1423  of competent jurisdiction to establish liability and to recover
 1424  damages for any injury to the air, waters, or property,
 1425  including animal, plant, and aquatic life, of the state caused
 1426  by any violation.
 1427         (b) The department may institute a civil action in a court
 1428  of competent jurisdiction to impose and to recover a civil
 1429  penalty for each violation in an amount of not more than $15,000
 1430  per offense. However, the court may receive evidence in
 1431  mitigation. Each day during any portion of which such violation
 1432  occurs constitutes a separate offense.
 1433         (c) Except as provided in paragraph (2)(c), it is not a
 1434  defense to, or ground for dismissal of, these judicial remedies
 1435  for damages and civil penalties that the department has failed
 1436  to exhaust its administrative remedies, has failed to serve a
 1437  notice of violation, or has failed to hold an administrative
 1438  hearing before the institution of a civil action.
 1439         (2) Administrative Remedies:
 1440         (a) The department may institute an administrative
 1441  proceeding to establish liability and to recover damages for any
 1442  injury to the air, waters, or property, including animal, plant,
 1443  or aquatic life, of the state caused by any violation. The
 1444  department may order that the violator pay a specified sum as
 1445  damages to the state. Judgment for the amount of damages
 1446  determined by the department may be entered in any court having
 1447  jurisdiction thereof and may be enforced as any other judgment.
 1448         (b) If the department has reason to believe a violation has
 1449  occurred, it may institute an administrative proceeding to order
 1450  the prevention, abatement, or control of the conditions creating
 1451  the violation or other appropriate corrective action. Except for
 1452  violations involving hazardous wastes, asbestos, or underground
 1453  injection, the department shall proceed administratively in all
 1454  cases in which the department seeks administrative penalties
 1455  that do not exceed $50,000 per assessment as calculated in
 1456  accordance with subsections (3), (4), (5), (6), and (7).
 1457  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 1458  assessed pursuant to subsection (3), subsection (4), or
 1459  subsection (5) against a public water system serving a
 1460  population of more than 10,000 may not be less than $1,000 per
 1461  day per violation. The department may not impose administrative
 1462  penalties in excess of $50,000 in a notice of violation. The
 1463  department may not have more than one notice of violation
 1464  seeking administrative penalties pending against the same party
 1465  at the same time unless the violations occurred at a different
 1466  site or the violations were discovered by the department
 1467  subsequent to the filing of a previous notice of violation.
 1468         (c) An administrative proceeding shall be instituted by the
 1469  department’s serving of a written notice of violation upon the
 1470  alleged violator by certified mail. If the department is unable
 1471  to effect service by certified mail, the notice of violation may
 1472  be hand delivered or personally served in accordance with
 1473  chapter 48. The notice shall specify the law, rule, regulation,
 1474  permit, certification, or order of the department alleged to be
 1475  violated and the facts alleged to constitute a violation
 1476  thereof. An order for corrective action, penalty assessment, or
 1477  damages may be included with the notice. When the department is
 1478  seeking to impose an administrative penalty for any violation by
 1479  issuing a notice of violation, any corrective action needed to
 1480  correct the violation or damages caused by the violation must be
 1481  pursued in the notice of violation or they are waived. However,
 1482  an order is not effective until after service and an
 1483  administrative hearing, if requested within 20 days after
 1484  service. Failure to request an administrative hearing within
 1485  this time period constitutes a waiver thereof, unless the
 1486  respondent files a written notice with the department within
 1487  this time period opting out of the administrative process
 1488  initiated by the department to impose administrative penalties.
 1489  Any respondent choosing to opt out of the administrative process
 1490  initiated by the department in an action that seeks the
 1491  imposition of administrative penalties must file a written
 1492  notice with the department within 20 days after service of the
 1493  notice of violation opting out of the administrative process. A
 1494  respondent’s decision to opt out of the administrative process
 1495  does not preclude the department from initiating a state court
 1496  action seeking injunctive relief, damages, and the judicial
 1497  imposition of civil penalties.
 1498         (d) If a person timely files a petition challenging a
 1499  notice of violation, that person will thereafter be referred to
 1500  as the respondent. The hearing requested by the respondent shall
 1501  be held within 180 days after the department has referred the
 1502  initial petition to the Division of Administrative Hearings
 1503  unless the parties agree to a later date. The department has the
 1504  burden of proving with the preponderance of the evidence that
 1505  the respondent is responsible for the violation. Administrative
 1506  penalties should not be imposed unless the department satisfies
 1507  that burden. Following the close of the hearing, the
 1508  administrative law judge shall issue a final order on all
 1509  matters, including the imposition of an administrative penalty.
 1510  When the department seeks to enforce that portion of a final
 1511  order imposing administrative penalties pursuant to s. 120.69,
 1512  the respondent may not assert as a defense the inappropriateness
 1513  of the administrative remedy. The department retains its final
 1514  order authority in all administrative actions that do not
 1515  request the imposition of administrative penalties.
 1516         (e) After filing a petition requesting a formal hearing in
 1517  response to a notice of violation in which the department
 1518  imposes an administrative penalty, a respondent may request that
 1519  a private mediator be appointed to mediate the dispute by
 1520  contacting the Florida Conflict Resolution Consortium within 10
 1521  days after receipt of the initial order from the administrative
 1522  law judge. The Florida Conflict Resolution Consortium shall pay
 1523  all of the costs of the mediator and for up to 8 hours of the
 1524  mediator’s time per case at $150 per hour. Upon notice from the
 1525  respondent, the Florida Conflict Resolution Consortium shall
 1526  provide to the respondent a panel of possible mediators from the
 1527  area in which the hearing on the petition would be heard. The
 1528  respondent shall select the mediator and notify the Florida
 1529  Conflict Resolution Consortium of the selection within 15 days
 1530  of receipt of the proposed panel of mediators. The Florida
 1531  Conflict Resolution Consortium shall provide all of the
 1532  administrative support for the mediation process. The mediation
 1533  must be completed at least 15 days before the final hearing date
 1534  set by the administrative law judge.
 1535         (f) In any administrative proceeding brought by the
 1536  department, the prevailing party shall recover all costs as
 1537  provided in ss. 57.041 and 57.071. The costs must be included in
 1538  the final order. The respondent is the prevailing party when an
 1539  order is entered awarding no penalties to the department and
 1540  such order has not been reversed on appeal or the time for
 1541  seeking judicial review has expired. The respondent is entitled
 1542  to an award of attorney fees if the administrative law judge
 1543  determines that the notice of violation issued by the department
 1544  seeking the imposition of administrative penalties was not
 1545  substantially justified as defined in s. 57.111(3)(e). An award
 1546  of attorney fees as provided by this subsection may not exceed
 1547  $15,000.
 1548         (g) This section does not prevent any other legal or
 1549  administrative action in accordance with law and does not limit
 1550  the department’s authority provided in ss. 403.131, 403.141, and
 1551  this section to judicially pursue injunctive relief. When the
 1552  department exercises its authority to judicially pursue
 1553  injunctive relief, penalties in any amount up to the statutory
 1554  maximum sought by the department must be pursued as part of the
 1555  state court action and not by initiating a separate
 1556  administrative proceeding. The department retains the authority
 1557  to judicially pursue penalties in excess of $50,000 for
 1558  violations not specifically included in the administrative
 1559  penalty schedule, or for multiple or multiday violations alleged
 1560  to exceed a total of $50,000. The department also retains the
 1561  authority provided in ss. 403.131, 403.141, and this section to
 1562  judicially pursue injunctive relief and damages, if a notice of
 1563  violation seeking the imposition of administrative penalties has
 1564  not been issued. The department has the authority to enter into
 1565  a settlement, before or after initiating a notice of violation,
 1566  and the settlement may include a penalty amount different from
 1567  the administrative penalty schedule. Any case filed in state
 1568  court because it is alleged to exceed a total of $50,000 in
 1569  penalties may be settled in the court action for less than
 1570  $50,000.
 1571         (h) Chapter 120 applies to any administrative action taken
 1572  by the department or any delegated program pursuing
 1573  administrative penalties in accordance with this section.
 1574         (3) Except for violations involving hazardous wastes,
 1575  asbestos, or underground injection, administrative penalties
 1576  must be calculated according to the following schedule:
 1577         (a) For a drinking water contamination violation, the
 1578  department shall assess a penalty of $3,000 for a Maximum
 1579  Containment Level (MCL) violation; plus $1,500 if the violation
 1580  is for a primary inorganic, organic, or radiological Maximum
 1581  Contaminant Level or it is a fecal coliform bacteria violation;
 1582  plus $1,500 if the violation occurs at a community water system;
 1583  and plus $1,500 if any Maximum Contaminant Level is exceeded by
 1584  more than 100 percent. For failure to obtain a clearance letter
 1585  before placing a drinking water system into service when the
 1586  system would not have been eligible for clearance, the
 1587  department shall assess a penalty of $4,500.
 1588         (b) For failure to obtain a required wastewater permit,
 1589  other than a permit required for surface water discharge, or
 1590  obtain an onsite sewage treatment and disposal system permit, or
 1591  for a violation of s. 381.0065, or the creation of or
 1592  maintenance of a nuisance related to an onsite sewage treatment
 1593  and disposal system under part I of chapter 386, or for a
 1594  violation of part III of chapter 489, or any rule properly
 1595  promulgated thereunder, the department shall assess a penalty of
 1596  $2,000. For a domestic or industrial wastewater violation, not
 1597  involving a surface water or groundwater quality violation, the
 1598  department shall assess a penalty of $4,000 for an unpermitted
 1599  or unauthorized discharge or effluent-limitation exceedance or
 1600  for failure to comply with s. 403.061(14) or s. 403.086(7) or
 1601  rules adopted thereunder. For an unpermitted or unauthorized
 1602  discharge or effluent-limitation exceedance that resulted in a
 1603  surface water or groundwater quality violation, the department
 1604  shall assess a penalty of $10,000. Each day the cause of an
 1605  unauthorized discharge of domestic wastewater or sanitary
 1606  nuisance is not addressed constitutes a separate offense.
 1607         (c) For a dredge and fill or stormwater violation, the
 1608  department shall assess a penalty of $1,500 for unpermitted or
 1609  unauthorized dredging or filling or unauthorized construction of
 1610  a stormwater management system against the person or persons
 1611  responsible for the illegal dredging or filling, or unauthorized
 1612  construction of a stormwater management system plus $3,000 if
 1613  the dredging or filling occurs in an aquatic preserve, an
 1614  Outstanding Florida Water, a conservation easement, or a Class I
 1615  or Class II surface water, plus $1,500 if the area dredged or
 1616  filled is greater than one-quarter acre but less than or equal
 1617  to one-half acre, and plus $1,500 if the area dredged or filled
 1618  is greater than one-half acre but less than or equal to one
 1619  acre. The administrative penalty schedule does not apply to a
 1620  dredge and fill violation if the area dredged or filled exceeds
 1621  one acre. The department retains the authority to seek the
 1622  judicial imposition of civil penalties for all dredge and fill
 1623  violations involving more than one acre. The department shall
 1624  assess a penalty of $4,500 for the failure to complete required
 1625  mitigation, failure to record a required conservation easement,
 1626  or for a water quality violation resulting from dredging or
 1627  filling activities, stormwater construction activities or
 1628  failure of a stormwater treatment facility. For stormwater
 1629  management systems serving less than 5 acres, the department
 1630  shall assess a penalty of $3,000 for the failure to properly or
 1631  timely construct a stormwater management system. In addition to
 1632  the penalties authorized in this subsection, the department
 1633  shall assess a penalty of $7,500 per violation against the
 1634  contractor or agent of the owner or tenant that conducts
 1635  unpermitted or unauthorized dredging or filling. For purposes of
 1636  this paragraph, the preparation or signing of a permit
 1637  application by a person currently licensed under chapter 471 to
 1638  practice as a professional engineer does not make that person an
 1639  agent of the owner or tenant.
 1640         (d) For mangrove trimming or alteration violations, the
 1641  department shall assess a penalty of $7,500 per violation
 1642  against the contractor or agent of the owner or tenant that
 1643  conducts mangrove trimming or alteration without a permit as
 1644  required by s. 403.9328. For purposes of this paragraph, the
 1645  preparation or signing of a permit application by a person
 1646  currently licensed under chapter 471 to practice as a
 1647  professional engineer does not make that person an agent of the
 1648  owner or tenant.
 1649         (e) For solid waste violations, the department shall assess
 1650  a penalty of $3,000 for the unpermitted or unauthorized disposal
 1651  or storage of solid waste; plus $1,000 if the solid waste is
 1652  Class I or Class III (excluding yard trash) or if the solid
 1653  waste is construction and demolition debris in excess of 20
 1654  cubic yards, plus $1,500 if the waste is disposed of or stored
 1655  in any natural or artificial body of water or within 500 feet of
 1656  a potable water well, plus $1,500 if the waste contains PCB at a
 1657  concentration of 50 parts per million or greater; untreated
 1658  biomedical waste; friable asbestos greater than 1 cubic meter
 1659  which is not wetted, bagged, and covered; used oil greater than
 1660  25 gallons; or 10 or more lead acid batteries. The department
 1661  shall assess a penalty of $4,500 for failure to properly
 1662  maintain leachate control; unauthorized burning; failure to have
 1663  a trained spotter on duty at the working face when accepting
 1664  waste; or failure to provide access control for three
 1665  consecutive inspections. The department shall assess a penalty
 1666  of $3,000 for failure to construct or maintain a required
 1667  stormwater management system.
 1668         (f) For an air emission violation, the department shall
 1669  assess a penalty of $1,500 for an unpermitted or unauthorized
 1670  air emission or an air-emission-permit exceedance, plus $4,500
 1671  if the emission was from a major source and the source was major
 1672  for the pollutant in violation; plus $1,500 if the emission was
 1673  more than 150 percent of the allowable level.
 1674         (g) For storage tank system and petroleum contamination
 1675  violations, the department shall assess a penalty of $7,500 for
 1676  failure to empty a damaged storage system as necessary to ensure
 1677  that a release does not occur until repairs to the storage
 1678  system are completed; when a release has occurred from that
 1679  storage tank system; for failure to timely recover free product;
 1680  or for failure to conduct remediation or monitoring activities
 1681  until a no-further-action or site-rehabilitation completion
 1682  order has been issued. The department shall assess a penalty of
 1683  $4,500 for failure to timely upgrade a storage tank system. The
 1684  department shall assess a penalty of $3,000 for failure to
 1685  conduct or maintain required release detection; failure to
 1686  timely investigate a suspected release from a storage system;
 1687  depositing motor fuel into an unregistered storage tank system;
 1688  failure to timely assess or remediate petroleum contamination;
 1689  or failure to properly install a storage tank system. The
 1690  department shall assess a penalty of $1,500 for failure to
 1691  properly operate, maintain, or close a storage tank system.
 1692         (4) In an administrative proceeding, in addition to the
 1693  penalties that may be assessed under subsection (3), the
 1694  department shall assess administrative penalties according to
 1695  the following schedule:
 1696         (a) For failure to satisfy financial responsibility
 1697  requirements or for violation of s. 377.371(1), $7,500.
 1698         (b) For failure to install, maintain, or use a required
 1699  pollution control system or device, $6,000.
 1700         (c) For failure to obtain a required permit before
 1701  construction or modification, $4,500.
 1702         (d) For failure to conduct required monitoring or testing;
 1703  failure to conduct required release detection; or failure to
 1704  construct in compliance with a permit, $3,000.
 1705         (e) For failure to maintain required staff to respond to
 1706  emergencies; failure to conduct required training; failure to
 1707  prepare, maintain, or update required contingency plans; failure
 1708  to adequately respond to emergencies to bring an emergency
 1709  situation under control; or failure to submit required
 1710  notification to the department, $1,500.
 1711         (f) Except as provided in subsection (2) with respect to
 1712  public water systems serving a population of more than 10,000,
 1713  for failure to prepare, submit, maintain, or use required
 1714  reports or other required documentation, $750.
 1715         (5) Except as provided in subsection (2) with respect to
 1716  public water systems serving a population of more than 10,000,
 1717  for failure to comply with any other departmental regulatory
 1718  statute or rule requirement not otherwise identified in this
 1719  section, the department may assess a penalty of $1,000.
 1720         (6) For each additional day during which a violation
 1721  occurs, the administrative penalties in subsections (3)-(5) may
 1722  be assessed per day per violation.
 1723         (7) The history of noncompliance of the violator for any
 1724  previous violation resulting in an executed consent order, but
 1725  not including a consent order entered into without a finding of
 1726  violation, or resulting in a final order or judgment after the
 1727  effective date of this law involving the imposition of $3,000 or
 1728  more in penalties shall be taken into consideration in the
 1729  following manner:
 1730         (a) One previous such violation within 5 years before the
 1731  filing of the notice of violation will result in a 25-percent
 1732  per day increase in the scheduled administrative penalty.
 1733         (b) Two previous such violations within 5 years before the
 1734  filing of the notice of violation will result in a 50-percent
 1735  per day increase in the scheduled administrative penalty.
 1736         (c) Three or more previous such violations within 5 years
 1737  before the filing of the notice of violation will result in a
 1738  100-percent per day increase in the scheduled administrative
 1739  penalty.
 1740         (8) The direct economic benefit gained by the violator from
 1741  the violation, where consideration of economic benefit is
 1742  provided by Florida law or required by federal law as part of a
 1743  federally delegated or approved program, must be added to the
 1744  scheduled administrative penalty. The total administrative
 1745  penalty, including any economic benefit added to the scheduled
 1746  administrative penalty, may not exceed $15,000.
 1747         (9) The administrative penalties assessed for any
 1748  particular violation may not exceed $10,000 against any one
 1749  violator, unless the violator has a history of noncompliance,
 1750  the economic benefit of the violation as described in subsection
 1751  (8) exceeds $10,000, or there are multiday violations. The total
 1752  administrative penalties may not exceed $50,000 per assessment
 1753  for all violations attributable to a specific person in the
 1754  notice of violation.
 1755         (10) The administrative law judge may receive evidence in
 1756  mitigation. The penalties identified in subsections (3)-(5) may
 1757  be reduced up to 50 percent by the administrative law judge for
 1758  mitigating circumstances, including good faith efforts to comply
 1759  before or after discovery of the violations by the department.
 1760  Upon an affirmative finding that the violation was caused by
 1761  circumstances beyond the reasonable control of the respondent
 1762  and could not have been prevented by respondent’s due diligence,
 1763  the administrative law judge may further reduce the penalty.
 1764         (11) Penalties collected pursuant to this section must
 1765  shall be deposited into the Water Quality Assurance Trust Fund
 1766  or other trust fund designated by statute and shall be used to
 1767  fund the restoration of ecosystems, or polluted areas of the
 1768  state, as defined by the department, to their condition before
 1769  pollution occurred. The Florida Conflict Resolution Consortium
 1770  may use a portion of the fund to administer the mediation
 1771  process provided in paragraph (2)(e) and to contract with
 1772  private mediators for administrative penalty cases.
 1773         (12) The purpose of the administrative penalty schedule and
 1774  process is to provide a more predictable and efficient manner
 1775  for individuals and businesses to resolve relatively minor
 1776  environmental disputes. Subsections (3)-(7) may not be construed
 1777  as limiting a state court in the assessment of damages. The
 1778  administrative penalty schedule does not apply to the judicial
 1779  imposition of civil penalties in state court as provided in this
 1780  section.
 1781         Section 16. Subsection (5) of section 403.9301, Florida
 1782  Statutes, is amended to read:
 1783         403.9301 Wastewater services projections.—
 1784         (5) The Office of Economic and Demographic Research shall
 1785  evaluate the compiled documents from the counties for the
 1786  purpose of developing a statewide analysis for inclusion in the
 1787  assessment due the following January 1, 2023, pursuant to s.
 1788  403.928. Beginning July 1, 2024, and by the July 1 following
 1789  subsequent publications of the analysis required by this
 1790  section, the Office of Economic and Demographic Research shall
 1791  provide a publicly accessible data visualization tool on its
 1792  website which allows for comparative analyses of key
 1793  information.
 1794         Section 17. Subsection (5) of section 403.9302, Florida
 1795  Statutes, is amended to read:
 1796         403.9302 Stormwater management projections.—
 1797         (5) The Office of Economic and Demographic Research shall
 1798  evaluate the compiled documents from the counties for the
 1799  purpose of developing a statewide analysis for inclusion in the
 1800  assessment due the following January 1, 2023, pursuant to s.
 1801  403.928. Beginning July 1, 2024, and by the July 1 following
 1802  subsequent publications of the analysis required by this
 1803  section, the Office of Economic and Demographic Research shall
 1804  provide a publicly accessible data visualization tool on its
 1805  website which allows for comparative analyses of key
 1806  information.
 1807         Section 18. Subsection (1) of section 403.0671, Florida
 1808  Statutes, is amended to read:
 1809         403.0671 Basin management action plan wastewater reports.—
 1810         (1) By July 1, 2021, the department, in coordination with
 1811  the county health departments, wastewater treatment facilities,
 1812  and other governmental entities, shall submit a report to the
 1813  Governor, the President of the Senate, and the Speaker of the
 1814  House of Representatives evaluating the costs of wastewater
 1815  projects identified in the basin management action plans
 1816  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1817  sewage treatment and disposal system remediation plans and other
 1818  restoration plans developed to meet the total maximum daily
 1819  loads required under s. 403.067. The report must include all of
 1820  the following:
 1821         (a) Projects to:
 1822         1. Replace onsite sewage treatment and disposal systems
 1823  with enhanced nutrient-reducing onsite sewage treatment and
 1824  disposal systems.
 1825         2. Install or retrofit onsite sewage treatment and disposal
 1826  systems with enhanced nutrient-reducing technologies.
 1827         3. Construct, upgrade, or expand domestic wastewater
 1828  treatment facilities to meet the domestic wastewater treatment
 1829  plan required under s. 403.067(7)(a)9.
 1830         4. Connect onsite sewage treatment and disposal systems to
 1831  domestic wastewater treatment facilities.;
 1832         (b) The estimated costs, nutrient load reduction estimates,
 1833  and other benefits of each project.;
 1834         (c) The estimated implementation timeline for each
 1835  project.;
 1836         (d) A proposed 5-year funding plan for each project and the
 1837  source and amount of financial assistance the department, a
 1838  water management district, or other project partner will make
 1839  available to fund the project.; and
 1840         (e) The projected costs of installing enhanced nutrient
 1841  reducing onsite sewage treatment and disposal systems on
 1842  buildable lots in priority focus areas to comply with s.
 1843  373.811.
 1844         Section 19. For the purpose of incorporating the amendment
 1845  made by this act to section 253.04, Florida Statutes, in a
 1846  reference thereto, paragraph (x) of subsection (1) of section
 1847  327.73, Florida Statutes, is reenacted to read:
 1848         327.73 Noncriminal infractions.—
 1849         (1) Violations of the following provisions of the vessel
 1850  laws of this state are noncriminal infractions:
 1851         (x) Section 253.04(3)(a), relating to carelessly causing
 1852  seagrass scarring, for which the civil penalty upon conviction
 1853  is:
 1854         1. For a first offense, $100.
 1855         2. For a second offense occurring within 12 months after a
 1856  prior conviction, $250.
 1857         3. For a third offense occurring within 36 months after a
 1858  prior conviction, $500.
 1859         4. For a fourth or subsequent offense occurring within 72
 1860  months after a prior conviction, $1,000.
 1861  
 1862  Any person cited for a violation of this subsection shall be
 1863  deemed to be charged with a noncriminal infraction, shall be
 1864  cited for such an infraction, and shall be cited to appear
 1865  before the county court. The civil penalty for any such
 1866  infraction is $100, except as otherwise provided in this
 1867  section. Any person who fails to appear or otherwise properly
 1868  respond to a uniform boating citation, in addition to the charge
 1869  relating to the violation of the boating laws of this state,
 1870  must be charged with the offense of failing to respond to such
 1871  citation and, upon conviction, be guilty of a misdemeanor of the
 1872  second degree, punishable as provided in s. 775.082 or s.
 1873  775.083. A written warning to this effect shall be provided at
 1874  the time such uniform boating citation is issued.
 1875         Section 20. For the purpose of incorporating the amendment
 1876  made by this act to section 381.0061, Florida Statutes, in
 1877  references thereto, paragraph (a) of subsection (4) and
 1878  paragraph (a) of subsection (6) of section 381.0072, Florida
 1879  Statutes, are reenacted to read:
 1880         381.0072 Food service protection.—
 1881         (4) LICENSES REQUIRED.—
 1882         (a) Licenses; annual renewals.—Each food service
 1883  establishment regulated under this section shall obtain a
 1884  license from the department annually. Food service establishment
 1885  licenses shall expire annually and are not transferable from one
 1886  place or individual to another. However, those facilities
 1887  licensed by the department’s Office of Licensure and
 1888  Certification, the Child Care Services Program Office, or the
 1889  Agency for Persons with Disabilities are exempt from this
 1890  subsection. It shall be a misdemeanor of the second degree,
 1891  punishable as provided in s. 381.0061, s. 775.082, or s.
 1892  775.083, for such an establishment to operate without this
 1893  license. The department may refuse a license, or a renewal
 1894  thereof, to any establishment that is not constructed or
 1895  maintained in accordance with law and with the rules of the
 1896  department. Annual application for renewal is not required.
 1897         (6) FINES; SUSPENSION OR REVOCATION OF LICENSES;
 1898  PROCEDURE.—
 1899         (a) The department may impose fines against the
 1900  establishment or operator regulated under this section for
 1901  violations of sanitary standards, in accordance with s.
 1902  381.0061. All amounts collected shall be deposited to the credit
 1903  of the County Health Department Trust Fund administered by the
 1904  department.
 1905         Section 21. For the purpose of incorporating the amendment
 1906  made by this act to section 381.0061, Florida Statutes, in a
 1907  reference thereto, subsection (4) of section 381.0086, Florida
 1908  Statutes, is reenacted to read:
 1909         381.0086 Rules; variances; penalties.—
 1910         (4) A person who violates any provision of ss. 381.008
 1911  381.00895 or rules adopted under such sections is subject either
 1912  to the penalties provided in ss. 381.0012 and 381.0061 or to the
 1913  penalties provided in s. 381.0087.
 1914         Section 22. For the purpose of incorporating the amendment
 1915  made by this act to section 381.0061, Florida Statutes, in a
 1916  reference thereto, subsection (7) of section 381.0098, Florida
 1917  Statutes, is reenacted to read:
 1918         381.0098 Biomedical waste.—
 1919         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1920  violation of this section or rules adopted under this section is
 1921  subject to penalties provided in ss. 381.0012 and 381.0061.
 1922  However, an administrative fine not to exceed $2,500 may be
 1923  imposed for each day such person or public body is in violation
 1924  of this section. The department may deny, suspend, or revoke any
 1925  biomedical waste permit or registration if the permittee
 1926  violates this section, any rule adopted under this section, or
 1927  any lawful order of the department.
 1928         Section 23. For the purpose of incorporating the amendment
 1929  made by this act to section 381.0061, Florida Statutes, in a
 1930  reference thereto, subsection (2) of section 513.10, Florida
 1931  Statutes, is reenacted to read:
 1932         513.10 Operating without permit; enforcement of chapter;
 1933  penalties.—
 1934         (2) This chapter or rules adopted under this chapter may be
 1935  enforced in the manner provided in s. 381.0012 and as provided
 1936  in this chapter. Violations of this chapter and the rules
 1937  adopted under this chapter are subject to the penalties provided
 1938  in this chapter and in s. 381.0061.
 1939         Section 24. This act shall take effect July 1, 2024.