Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1576
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) of section
    6  201.15, Florida Statutes, is amended to read:
    7         201.15 Distribution of taxes collected.—All taxes collected
    8  under this chapter are subject to the service charge imposed in
    9  s. 215.20(1). Prior to distribution under this section, the
   10  Department of Revenue shall deduct amounts necessary to pay the
   11  costs of the collection and enforcement of the tax levied by
   12  this chapter. Such costs and the service charge may not be
   13  levied against any portion of taxes pledged to debt service on
   14  bonds to the extent that the costs and service charge are
   15  required to pay any amounts relating to the bonds. After
   16  distributions are made pursuant to subsection (1), all of the
   17  costs of the collection and enforcement of the tax levied by
   18  this chapter and the service charge shall be available and
   19  transferred to the extent necessary to pay debt service and any
   20  other amounts payable with respect to bonds authorized before
   21  January 1, 2013, secured by revenues distributed pursuant to
   22  subsection (1). All taxes remaining after deduction of costs and
   23  the service charge shall be distributed as follows:
   24         (1) Sixty-three and thirty-one hundredths percent of the
   25  remaining taxes shall be used for the following purposes:
   26         (c) After the required payments under paragraphs (a) and
   27  (b), the remainder shall be paid into the State Treasury to the
   28  credit of:
   29         1. The State Transportation Trust Fund in the Department of
   30  Transportation in the amount of the lesser of 38.2 percent of
   31  the remainder or $541.75 million in each fiscal year. Out of
   32  such funds, the first $50 million for the 2012-2013 fiscal year;
   33  $65 million for the 2013-2014 fiscal year; and $75 million for
   34  the 2014-2015 fiscal year and all subsequent years, shall be
   35  transferred to the State Economic Enhancement and Development
   36  Trust Fund within the Department of Economic Opportunity. The
   37  remainder shall is to be used for the following specified
   38  purposes, notwithstanding any other law to the contrary:
   39         a. For the purposes of capital funding for the New Starts
   40  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
   41  specified in s. 341.051, 10 percent of these funds;
   42         b. For the purposes of the Small County Outreach Program
   43  specified in s. 339.2818, 5 percent of these funds. Effective
   44  July 1, 2014, the percentage allocated under this sub
   45  subparagraph shall be increased to 10 percent;
   46         c. For the purposes of the Strategic Intermodal System
   47  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
   48  of these funds after allocating for the New Starts Transit
   49  Program described in sub-subparagraph a. and the Small County
   50  Outreach Program described in sub-subparagraph b.; and
   51         d. For the purposes of the Transportation Regional
   52  Incentive Program specified in s. 339.2819, 25 percent of these
   53  funds after allocating for the New Starts Transit Program
   54  described in sub-subparagraph a. and the Small County Outreach
   55  Program described in sub-subparagraph b. Effective July 1, 2014,
   56  the first $60 million of the funds allocated pursuant to this
   57  sub-subparagraph shall be allocated annually to the Florida Rail
   58  Enterprise for the purposes established in s. 341.303(5).
   59         2. The Grants and Donations Trust Fund in the Department of
   60  Economic Opportunity in the amount of the lesser of 0.23 .23
   61  percent of the remainder or $3.25 million in each fiscal year to
   62  fund technical assistance to local governments.
   63         3. The Ecosystem Management and Restoration Trust Fund in
   64  the amount of:
   65         a. The lesser of 2.12 percent of the remainder or $30
   66  million in each fiscal year, to be used for the preservation and
   67  repair of the state’s beaches as provided in ss. 161.091
   68  161.212; and
   69         b. Thirty-six and nine-tenths percent of the remainder in
   70  each fiscal year to be used for restoration and protection of
   71  Outstanding Florida Springs pursuant to part VIII of chapter
   72  373, and for the acquisition of lands identified on the most
   73  current Board of Trustees Florida Forever Priority List, or by a
   74  water management district, which protect the essential parcels
   75  of the named spring projects that improve water quality or
   76  conserve water use and are located partially or fully within a
   77  spring protection and management zone of an Outstanding Florida
   78  Spring.
   79         4. General Inspection Trust Fund in the amount of the
   80  lesser of 0.02 .02 percent of the remainder or $300,000 in each
   81  fiscal year to be used to fund oyster management and restoration
   82  programs as provided in s. 379.362(3).
   84  Moneys distributed pursuant to this paragraph may not be pledged
   85  for debt service unless such pledge is approved by referendum of
   86  the voters.
   87         Section 2. Subsection (1) of section 373.042, Florida
   88  Statutes, is amended to read:
   89         373.042 Minimum flows and levels.—
   90         (1) Within each section, or within the water management
   91  district as a whole, the department or the governing board shall
   92  establish the following:
   93         (a) Minimum flow for all surface watercourses in the area.
   94  The minimum flow for a given watercourse is shall be the limit
   95  at which further withdrawals would be significantly harmful to
   96  the water resources or ecology of the area.
   97         (b) Minimum water level. The minimum water level is shall
   98  be the level of groundwater in an aquifer and the level of
   99  surface water at which further withdrawals would be
  100  significantly harmful to the water resources of the area.
  101         (c) Minimum flow and minimum water level for an Outstanding
  102  Florida Spring, as defined in s. 373.802. The minimum flow and
  103  minimum water level are the limit and level, respectively, at
  104  which further withdrawals would be harmful to the water
  105  resources or ecology of the area.
  107  The minimum flow and minimum water level shall be calculated by
  108  the department and the governing board using the best
  109  information available. When appropriate, minimum flows and
  110  minimum water levels may be calculated to reflect seasonal
  111  variations. The department and the governing board shall also
  112  consider, and at their discretion may provide for, the
  113  protection of nonconsumptive uses in the establishment of
  114  minimum flows and minimum water levels.
  115         Section 3. Paragraph (a) of subsection (1) of section
  116  373.0421, Florida Statutes, is amended to read:
  117         373.0421 Establishment and implementation of minimum flows
  118  and levels.—
  119         (1) ESTABLISHMENT.—
  120         (a) Considerations.—When establishing minimum flows and
  121  minimum water levels pursuant to s. 373.042, the department or
  122  governing board shall consider changes and structural
  123  alterations to watersheds, surface waters, and aquifers and the
  124  effects such changes or alterations have had, and the
  125  constraints such changes or alterations have placed, on the
  126  hydrology of an affected watershed, surface water, or aquifer,
  127  provided that nothing in this paragraph shall allow significant
  128  harm as provided by s. 373.042(1)(a) and (b), or harm as
  129  provided by s. 373.042(1)(c), caused by withdrawals.
  130         Section 4. Part VIII of chapter 373, Florida Statutes,
  131  consisting of sections 373.801, 373.802, 373.803, 373.805,
  132  373.807, 373.808, 373.809, 373.811, and 373.813, Florida
  133  Statutes, is created and entitled the “Florida Springs and
  134  Aquifer Protection Act.”
  135         Section 5. Section 373.801, Florida Statutes, is created to
  136  read:
  137         373.801Legislative findings and intent.—
  138         (1)The Legislature finds that springs are a unique part of
  139  this state’s scenic beauty, deserving the highest level of
  140  protection under s. 7., Art. II of the State Constitution.
  141  Springs provide critical habitat for plants and animals,
  142  including many endangered or threatened species. Springs also
  143  provide immeasurable natural, recreational, economic, and
  144  inherent value. Flow level and water quality of springs are
  145  indicators of local conditions of the Floridan Aquifer, which is
  146  the source of drinking water for many residents of this state.
  147  Springs are of great scientific importance in understanding the
  148  diverse functions of aquatic ecosystems. In addition, springs
  149  provide recreational opportunities for swimming, canoeing,
  150  wildlife watching, fishing, cave diving, and many other
  151  activities in this state. Because of such recreational
  152  opportunities and the accompanying tourism, state and local
  153  economies benefit from many of the springs in this state.
  154         (2) Water quantity and water quality in springs are
  155  directly related. For regulatory purposes, the department has
  156  primary responsibility for water quality; the water management
  157  districts have primary responsibility for water quantity; the
  158  Department of Agriculture and Consumer Services has primary
  159  responsibility for the development and implementation of best
  160  management practices; and local governments have primary
  161  responsibility for providing wastewater and stormwater
  162  management. The foregoing responsible entities must work
  163  together in a coordinated manner to restore and maintain the
  164  water quantity and water quality for Outstanding Florida
  165  Springs.
  166         (3) The Legislature recognizes that:
  167         (a)Springs are only as healthy as their springsheds. The
  168  groundwater that supplies springs is derived from water that
  169  recharges the aquifer system in the form of seepage from the
  170  land surface and through direct conduits such as sinkholes.
  171  Springs are adversely affected by polluted runoff from urban and
  172  agricultural lands; discharge resulting from inadequate
  173  wastewater and stormwater management practices; stormwater
  174  runoff; and the reduced water levels of the Floridan Aquifer. As
  175  a result, the hydrologic and environmental conditions of a
  176  spring or spring run are directly influenced by activities and
  177  land uses within a springshed and by water withdrawals from the
  178  Floridan Aquifer.
  179         (b)Springs, whether found in urban or rural settings, or
  180  on public or private lands, are threatened by actual or
  181  potential flow reductions and declining water quality. Many of
  182  this state’s springs are demonstrating signs of significant
  183  ecological imbalance, increased nutrient loading, and declining
  184  water flow. Without effective remedial actions, further declines
  185  in water quality and water quantity will occur.
  186         (c)The state standards regulating both water quality and
  187  quantity, including minimum criteria relating to nutrient
  188  concentrations in groundwater, need to protect both human health
  189  and the complex biological and ecological systems that
  190  contribute to the integrity of springs.
  191         (d)Springshed boundaries and areas of high vulnerability
  192  within a springshed need to be identified and delineated using
  193  the best available data.
  194         (e)Because springsheds cross water management district and
  195  local government jurisdictional boundaries, a coordinated
  196  statewide springs protection plan is needed.
  197         (f)The aquifers and springs of this state are complex
  198  systems affected by many variables and influences.
  199         (4)The Legislature recognizes that sufficient information
  200  exists to act, action is urgently needed, and action can be
  201  continually modified as additional data is acquired. Therefore,
  202  state agencies and water management districts shall work
  203  together with local governments to delineate springsheds and
  204  spring protection and management zones and develop comprehensive
  205  plans and land development regulations that protect the springs
  206  of this state for future generations.
  207         (5)The Legislature intends to establish a spring and
  208  aquifer protection program to be administered by the department.
  209         Section 6. Section 373.802, Florida Statutes, is created to
  210  read:
  211         373.802 Definitions.—As used in this part, the term:
  212         (1)“Department” means the Department of Environmental
  213  Protection, which includes the Florida Geological Survey or its
  214  successor agency or agencies.
  215         (2)“Local government” means a county or municipal
  216  government the jurisdictional boundaries of which include an
  217  Outstanding Florida Spring, or any part of a delineated
  218  springshed or spring protection and management zone for an
  219  Outstanding Florida Spring.
  220         (3)“Onsite sewage treatment and disposal system” means a
  221  system that contains a standard subsurface, filled, or mound
  222  drainfield system; an aerobic treatment unit; a graywater system
  223  tank; a laundry wastewater system tank; a septic tank; a grease
  224  interceptor; a pump tank; a solids or effluent pump; a
  225  waterless, incinerating, or organic waste-composting toilet; or
  226  a sanitary pit privy that is installed or proposed to be
  227  installed beyond the building sewer on land of the owner or on
  228  other land to which the owner has the legal right to install a
  229  system. The term includes any item placed within, or intended to
  230  be used as a part of or in conjunction with, the system. The
  231  term does not include package sewage treatment facilities and
  232  other treatment works regulated under chapter 403.
  233         (4)“Outstanding Florida Spring” includes all historic
  234  first magnitude springs, as determined by the department using
  235  the most recent Florida Geological Survey springs bulletin, and
  236  the following springs and their associated spring runs:
  237         (a)DeLeon Spring;
  238         (b)Peacock Spring;
  239         (C) Poe Spring;
  240         (d)Rock Springs;
  241         (e)Wekiwa Spring; and
  242         (f) Gemini Spring.
  243         (5)“Responsible management entity” means a legal entity
  244  established for the purpose of providing localized nutrient
  245  management services with the requisite managerial, financial,
  246  and technical capacity to ensure long-term management of onsite
  247  sewage treatment and disposal systems and other local nutrient
  248  sources at the option of the local government within its
  249  jurisdiction.
  250         (6)“Spring protection and management zone” means the area
  251  or areas of a springshed where the Floridan Aquifer is
  252  vulnerable to sources of contamination or reduced levels, as
  253  determined by the department in consultation with the
  254  appropriate water management districts.
  255         (7)“Spring run” means a body of flowing water that
  256  originates from a spring or whose primary source of water is a
  257  spring or springs under average rainfall conditions.
  258         (8)“Springshed” means the areas within the groundwater and
  259  surface water basins which contribute, based upon all relevant
  260  facts, circumstances, and data, to the discharge of a spring as
  261  defined by potentiometric surface maps and surface watershed
  262  boundaries.
  263         (9) “Spring vent” means a location where groundwater flows
  264  out of a natural, discernable opening in the ground onto the
  265  land surface or into a predominantly fresh surface waterbody.
  266         Section 7. Section 373.803, Florida Statutes, is created to
  267  read:
  268         373.803 Delineation of spring protection and management
  269  zones for Outstanding Florida Springs.—Using the best data
  270  available from the water management districts and other credible
  271  sources, the department, in consultation with the water
  272  management districts, shall delineate one or more spring
  273  protection and management zones for each Outstanding Florida
  274  Spring. In delineating spring protection and management zones,
  275  the department shall consider groundwater travel time to the
  276  spring, hydrogeology, and nutrient load. The delineation of
  277  spring protection and management zones must be completed by July
  278  1, 2015. In conjunction with delineating a spring protection and
  279  management zone for an Outstanding Florida Spring, the
  280  department shall adopt by rule, pursuant to ss. 120.536(1) and
  281  120.54, maps and legal descriptions that depict the delineated
  282  spring protection and management zone or zones for that spring.
  283         Section 8. Section 373.805, Florida Statutes, is created to
  284  read:
  285         373.805 Minimum flow and minimum water level for
  286  Outstanding Florida Springs.—
  287         (1) Each water management district shall establish a
  288  minimum flow and minimum water level for each Outstanding
  289  Florida Spring within its jurisdiction by July 1, 2015, in
  290  accordance with ss. 373.042 and 373.0421. The deadline may be
  291  extended each year until July 1, 2020, if a water management
  292  district provides sufficient evidence to the department that an
  293  extension is in the best interest of the public. This subsection
  294  does not apply to minimum flows and minimum water levels adopted
  295  prior to July 1, 2014, for a spring included in the definition
  296  of Outstanding Florida Springs in s. 373.802, until such time as
  297  the minimum flow or minimum water level is revised, or otherwise
  298  amended.
  299         (2)By July 1, 2017, each water management district shall
  300  approve a recovery or prevention strategy, as required by ss.
  301  373.042 and 373.0421, for each Outstanding Florida Spring in its
  302  jurisdiction in which the existing flow or water level of the
  303  Outstanding Florida Spring is below, or is projected within the
  304  next 20 years to fall below, the applicable minimum flow or
  305  minimum water level established pursuant to s. 373.042. The
  306  recovery or prevention strategy for each Outstanding Florida
  307  Spring must include, at a minimum:
  308         (a) A listing of all specific projects identified for
  309  implementation of a recovery or prevention strategy.
  310         (b) A priority listing of each project.
  311         (c) The estimated cost for each listed project.
  312         (d) The source and amount of financial assistance to be
  313  made available by the water management district for each
  314  project, which may not be less than 25 percent of the total
  315  project cost unless a specific funding source is identified
  316  which will provide more than 75 percent of the total project
  317  cost. The Northwest Florida Water Management District and the
  318  Suwannee River Water Management District are not required to
  319  provide matching funds pursuant to this paragraph.
  320         Section 9. Section 373.807, Florida Statutes, is created to
  321  read:
  322         373.807 Protection of water quality in Outstanding Florida
  323  Springs.—By July 1, 2015, the department shall assess each
  324  Outstanding Florida Spring for which an impairment determination
  325  has not been made under the numeric nutrient standards in effect
  326  for spring vents.
  327         (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the
  328  department shall develop basin management action plans, as
  329  specified in s. 403.067(7), for Outstanding Florida Springs
  330  impaired by nutrients.
  331         (2)(a)SPRING ACTION PLAN.—By July 1, 2014, the department
  332  shall begin preparation of a spring action plan for each
  333  Outstanding Florida Spring that has an adopted basin management
  334  action plan or an implemented recovery or prevention strategy,
  335  or as soon as a basin management action plan is adopted, a
  336  recovery or prevention strategy is implemented, or the
  337  department projects the Outstanding Florida Spring will be
  338  impaired by nutrients within 20 years. Each initial spring
  339  action plan shall be adopted within one year of when the
  340  department begins preparation of the spring action plan.
  341  Further, the spring action plan must be continually updated to
  342  reflect newly added and completed projects.
  343         (b) A spring action plan must include all of the following:
  344         1.All projects in the basin management action plan which
  345  are located fully or partially within a spring protection and
  346  management zone.
  347         2.All projects in the regional water supply plan which are
  348  located fully or partially within a spring protection and
  349  management zone.
  350         3.All projects included in a recovery or prevention
  351  strategy which are located fully or partially within a spring
  352  protection and management zone.
  353         4.All projects proposed by the department that will
  354  prevent or stop potential nutrient impairment.
  355         5.An estimate of a listed project’s reduction of nutrient
  356  loading.
  357         6.A map and legal descriptions depicting the spring
  358  protection and management zones established pursuant to s.
  359  373.803.
  360         7.Identification of each point source or category of
  361  nonpoint sources, including but not limited to, urban
  362  fertilizer, turf fertilizer, agricultural fertilizer, onsite
  363  sewage treatment and disposal systems, wastewater treatment
  364  facilities, animal wastes, and stormwater facilities. An
  365  estimated allocation of the pollutant load shall be provided for
  366  each point source or category of nonpoint sources.
  367         (3) REQUIREMENTS.—
  368         (a) Within 6 months of the delineation of a spring
  369  protection and management zone or zones of an Outstanding
  370  Florida Spring that is fully or partially within the
  371  jurisdiction of a local government, a local government must
  372  develop, enact, and implement an ordinance that meets or exceeds
  373  the requirements of the department’s Model Ordinance for
  374  Florida-Friendly Fertilizer Use on Urban Landscapes. Such
  375  ordinance must require that, within a spring protection and
  376  management zone of an Outstanding Florida Spring impaired by
  377  nutrients, the nitrogen content of any fertilizer applied to
  378  turf or landscape plants may not exceed the lowest, basic
  379  maintenance rate of the most recent recommendations by the
  380  Institute of Food and Agricultural Sciences. The department
  381  shall adopt rules to implement this paragraph which establish
  382  reasonable minimum standards and reflect advancements or
  383  improvements regarding nutrient load reductions.
  384         (b)By July 1, 2016, the owner or operator of each existing
  385  wastewater treatment facility in a spring protection and
  386  management zone shall file for approval by the department a plan
  387  for complying with this paragraph. Upon a showing to the
  388  department of inordinate expense or that a deal is in the best
  389  interest of the public, the department may grant a local
  390  government or wastewater treatment facility an extension of up
  391  to 2 years to implement the plan. The owner and operator shall
  392  submit a proposal for funding at least once every 2 years until
  393  the plan is fully implemented.
  394         (c)By July 1, 2016, the department, in consultation with
  395  the Department of Health and local governments, must identify
  396  onsite sewage treatment and disposal systems within a spring
  397  protection and management zone. Within sixty (60) days of the
  398  department’s completion of the identification of these systems,
  399  the department shall provide the location of these systems to
  400  the local governments in which these systems are located. Within
  401  1 year of identification of these systems, and in consultation
  402  with the department, the local governments in which they are
  403  located shall develop an onsite sewage treatment and disposal
  404  system remediation plan. For each onsite sewage treatment and
  405  disposal system or group of systems, the plan must include
  406  whether the systems require upgrading, connection to a central
  407  sewerage system, or no action. The plan must also include a
  408  priority ranking for each system or group of systems that
  409  require remediation. Each remediation plan must be submitted to
  410  the department for approval. In reviewing and approving the
  411  remediation plans, the department shall consider, at a minimum:
  412         1. The density of the onsite sewage treatment and disposal
  413  systems.
  414         2. The number of onsite sewage treatment and disposal
  415  systems.
  416         3. The proximity of the onsite sewage treatment and
  417  disposal system or systems to an Outstanding Florida Spring
  418         4. The estimated nutrient loading of the onsite sewage
  419  treatment and disposal system or systems.
  420         5. The cost of the proposed remedial action.
  421         (d)Remedial actions required under this paragraph are not
  422  required until adequate funding for the specific project is
  423  provided pursuant to s. 373.808. As used in this paragraph, the
  424  term “adequate funding” means that the department has agreed to
  425  provide 100 percent of the funding requested for the project
  426  under s. 373.808. The provisions of this paragraph are
  427  supplemental to any other specific requirements or authority
  428  provided by law.
  429         1.The owner or operator of each existing wastewater
  430  treatment facility in a spring protection and management zone
  431  shall meet a standard of no more than 3 mg/L Total Nitrogen,
  432  expressed as N, on an annual permitted basis, unless granted a
  433  variance or exemption pursuant to s. 373.813.
  434         2.Each agricultural producer in a spring protection and
  435  management zone must implement best management practices or
  436  other measures necessary to achieve pollution reduction levels
  437  established by the department. The Department of Agriculture and
  438  Consumers Services, in consultation with the department, shall
  439  adopt rules to implement this subparagraph.
  440         3.After approval of the onsite sewage treatment and
  441  disposal system remediation plan by the department, the local
  442  government shall begin implementing the approved remediation
  443  plan by making proposals to the department for funding pursuant
  444  to s. 373.808. The costs of connection to a central sewerage
  445  system or upgrading the onsite sewage treatment and disposal
  446  systems are eligible for funding of up to 100 percent of the
  447  total project cost. Further, the costs of connection to a
  448  central sewerage system or upgrading the onsite sewage treatment
  449  and disposal system may not be imposed on the property owner.
  450  The local government shall submit a proposal for funding at
  451  least every two years until the remediation plan is fully
  452  implemented.
  453         Section 10. Section 373.808, Florida Statutes, is created
  454  to read:
  455         373.808 Funding for the restoration of Outstanding Florida
  456  Springs.—
  457         (1)In order to satisfy the requirements under this part,
  458  state agencies, water management districts, local governments,
  459  special districts, utilities, and regional management entities,
  460  if applicable, shall cooperate with property owners and
  461  agricultural producers to submit project proposals to the
  462  department in order to receive funding for up to 75 percent of
  463  the total project cost. Project submittals for upgrades or
  464  connections of onsite sewage treatment and disposal systems, and
  465  those submitted by a fiscally constrained county as described in
  466  s. 218.67(1) or in a municipality located therein, are eligible
  467  for funding of up to 100 percent of the total project cost.
  468         (2) Projects approved by the department shall be funded by
  469  moneys from documentary stamp tax revenues deposited into the
  470  Ecosystem Management and Restoration Trust Fund in accordance
  471  with s. 201.15(1)(c)3.b. The Legislature may use other sources
  472  of revenue to fund projects submitted to the department pursuant
  473  to this part.
  474         (3) The department may distribute moneys deposited into the
  475  Ecosystem Management and Restoration Trust Fund pursuant to
  476  subsection (2) to any person who submits a project proposal
  477  application to the department for which funding is approved. The
  478  department shall distribute moneys to state agencies and water
  479  management districts for all reasonable administrative costs
  480  related to implementing this part. In addition, the department
  481  may adopt rules to develop grant application procedures to cover
  482  reasonable administrative costs of a fiscally constrained county
  483  as described in s. 218.67(1) or a municipality located therein.
  484         (4) Moneys in the fund not needed in the current fiscal
  485  year to meet obligations incurred under this part shall be
  486  deposited to the credit of the fund and may be invested in the
  487  manner provided by law. Interest received on such investments
  488  shall be credited to the Ecosystem Management and Restoration
  489  Trust Fund for the purposes specified in s. 201.15(1)(c)3.b.
  490         (5) By December 31, 2014, the department shall adopt rules
  491  to fund pilot projects that test the effectiveness of innovative
  492  or existing nutrient reduction or water conservation
  493  technologies or practices designed to minimize nutrient
  494  pollution in the springs of this state. The department must
  495  approve funding for at least two pilot projects in each project
  496  selection cycle if the department determines that the project
  497  will not be harmful to the ecological resources in the study
  498  area.
  499         (6) By December 31, 2014, the department shall develop and
  500  recommend rules to competitively evaluate, select, and rank
  501  projects eligible for partial or complete funding under this
  502  section. In developing these rules, the department shall give
  503  preference to the projects that it estimates will result in the
  504  greatest improvement to water quality and water quantity for the
  505  dollars to be expended for the project. At a minimum, the
  506  department shall consider the following criteria:
  507         (a)Whether the project is within a spring protection and
  508  management zone of an Outstanding Florida Spring impaired by
  509  nutrients.
  510         (b) The level of nutrient impairment of the Outstanding
  511  Florida Spring in which the project is located.
  512         (c) The quantity of pollutants, particularly total
  513  nitrogen, the project is estimated to remove from a spring
  514  protection and management zone.
  515         (d) Whether the project is within a spring protection and
  516  management zone of an Outstanding Florida Spring that is not
  517  meeting its adopted minimum flow or minimum water level.
  518         (e) The flow necessary to restore the Outstanding Florida
  519  Spring to its adopted minimum flow or minimum water level.
  520         (f) The anticipated impact the project will have on
  521  restoring or increasing water flow or water level.
  522         (g)Whether the project facilitates or enhances an existing
  523  basin management action plan adopted by the department to
  524  address pollutant loadings.
  525         (h) Whether the project is identified and prioritized in an
  526  adopted regional water supply plan.
  527         (i)The percentage by which the amount of matching funds
  528  provided by the applicant exceeds the statutory minimum required
  529  under s. 373.805 or s. 373.807.
  530         (j)For multiple-year projects, whether the project has
  531  funding sources that are identified and assured through the
  532  expected completion date of the project.
  533         (k)The cost of the project and the length of time it will
  534  take to complete relative to its expected benefits.
  535         (l)Whether the applicant, since July 1, 2009, has used its
  536  own funds for projects to improve water quality or conserve
  537  water use within a springshed or spring protection and
  538  management zone of an Outstanding Florida Spring, with
  539  preference given to those applicants that have expended such
  540  funds.
  541         (7) In addition to the criteria set forth in subsection
  542  (6), a project may not be funded by the department under this
  543  part unless it is listed on a spring action plan.
  544         Section 11. Section 373.809, Florida Statutes, is created
  545  to read:
  546         373.809 Prohibited activities within a spring protection
  547  and management zone of an Outstanding Florida Spring.—The
  548  following activities are prohibited within a spring protection
  549  and management zone of an Outstanding Florida Spring:
  550         (1) New municipal or industrial wastewater disposal
  551  systems, including rapid infiltration basins, except those
  552  systems that meet an advanced wastewater treatment standard of
  553  no more than 3 mg/L Total Nitrogen, expressed as N, on an annual
  554  permitted basis, or a higher treatment standard if the
  555  department determines the higher standard is necessary to
  556  prevent impairment or aid in the recovery of an Outstanding
  557  Florida Spring.
  558         (2) New onsite sewage treatment and disposal systems on
  559  lots less than 1 acre, except for active or passive nitrogen
  560  removing onsite sewage treatment and disposal systems approved
  561  by the Department of Health. This subsection shall take effect
  562  July 1, 2015.
  563         (3) New facilities for the disposal of hazardous waste.
  564         (4) The land spreading, dumping, or disposal of all
  565  domestic wastewater residuals or septage.
  566         (5) Concentrated animal feeding operations or intense
  567  cattle finishing and slaughter operations. This subsection does
  568  not apply to operations permitted by July 1, 2014, or the future
  569  expansion of livestock or poultry operations engaged in the
  570  occupation of bona fide agriculture as of July 1, 2014.
  571         Section 12. Section 373.811, Florida Statutes, is created
  572  to read:
  573         373.811 Rules.—
  574         (1) The department shall adopt rules to create a program to
  575  improve water quantity and water quality pursuant to ss.
  576  120.536(1) and 120.54 to administer this part, as applicable. In
  577  developing rules to administer s. 373.808, the department shall
  578  use the Total Maximum Daily Load Water Quality Restoration
  579  Grants rule as guidance to develop a comparable program for the
  580  restoration and protection of the water quality and water
  581  quantity for Outstanding Florida Springs.
  582         (2)  The Department of Health, the Department of
  583  Agriculture and Consumer Services, the water management
  584  districts, and responsible management entities may adopt rules
  585  pursuant to ss. 120.536(1) and 120.54 to administer this part,
  586  as applicable.
  587         (3)(a)The Department of Agriculture and Consumer Services
  588  is the lead agency coordinating the reduction of agricultural
  589  nonpoint sources of pollution for the protection of Outstanding
  590  Florida Springs. The Department of Agriculture and Consumer
  591  Services and the department, pursuant to s. 403.067(7)(c)4.,
  592  shall study new or revised best management practices for
  593  improving and protecting Outstanding Florida Springs and, if
  594  necessary, in cooperation with applicable local governments and
  595  stakeholders, initiate rulemaking to require the implementation
  596  of such practices within a reasonable time period.
  597         (b)The department, the Department of Agriculture and
  598  Consumer Services, and the University of Florida’s Institute of
  599  Food and Agricultural Sciences shall cooperate in conducting the
  600  necessary research and demonstration projects to develop
  601  improved or additional nutrient management tools, including the
  602  use of controlled release fertilizer that can be used by
  603  agricultural producers as part of an agricultural best
  604  management practices program. The development of such tools must
  605  reflect a balance between water quality improvement and
  606  agricultural productivity and, when applicable, must be
  607  incorporated into the revised best management practices adopted
  608  by rule of the Department of Agriculture and Consumer Services.
  609         Section 13. Section 373.813, Florida Statutes, is created
  610  to read:
  611         373.813 Variances and exemptions.—A person may apply to the
  612  appropriate agency or a water management district for a variance
  613  or exemption from any requirement in this part. An agency or a
  614  water management district may approve the application upon
  615  receiving reasonable assurance that the applicant’s proposed
  616  activity, evaluated individually and as part of cumulative
  617  impacts, will not cause or contribute to violations of water
  618  quality standards, minimum flows, or minimum water levels in an
  619  Outstanding Florida Spring.
  620         Section 14. Present paragraphs (n) through (q) of
  621  subsection (2) of section 381.0065, Florida Statutes, are
  622  redesignated as paragraphs (o) through (r), respectively, a new
  623  paragraph (n) is added to that subsection, and subsection (7) is
  624  added to that section, to read:
  625         381.0065 Onsite sewage treatment and disposal systems;
  626  regulation.—
  627         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  628  term:
  629         (n) “Responsible management entity” has the same meaning as
  630  in s. 373.802.
  632         (a) By March 1, 2015, the department and the Department of
  633  Environmental Protection shall submit a report and
  634  recommendations to the Governor, the President of the Senate,
  635  and the Speaker of the House of Representatives on the creation
  636  and operation of responsible management entities within spring
  637  protection and management zones of Outstanding Florida Springs,
  638  as defined in s. 373.802. The report must focus on the
  639  feasibility of different management models to prevent, reduce,
  640  and control nutrient pollution from onsite sewage treatment and
  641  disposal systems, including the costs associated with each
  642  model. In addition, the report must compare the results of the
  643  differing management models to a mandatory onsite sewage
  644  treatment and disposal system evaluation and assessment program
  645  or any other option that would achieve similar nutrient
  646  pollution reductions in the short and long term.
  647         (b) A local government may not create a responsible
  648  management entity without the prior approval of the department,
  649  in consultation with the Department of Environmental Protection.
  650  In reviewing requests for the creation of a responsible
  651  management entity, the local government must demonstrate to the
  652  department, in consultation with the Department of Environmental
  653  Protection, that it has the management skills, personnel,
  654  financial capacity, and technical expertise to properly operate
  655  and maintain such an entity.
  656         (c) The department shall ensure that responsible management
  657  entities adopt rules and policies that are at least as
  658  restrictive as state law.
  659         Section 15. Section 381.00651, Florida Statutes, is
  660  repealed.
  661         Section 16. Comprehensive study on nutrient reduction
  662  improvements and the beneficial use of reclaimed water,
  663  stormwater, and excess surface water.—
  664         (1) The Department of Agriculture and Consumer Services and
  665  the Department of Environmental Protection, in cooperation with
  666  the five water management districts, shall conduct a
  667  comprehensive study on the expansion of the beneficial use of
  668  reclaimed water, stormwater, and excess surface water in this
  669  state. The final report of the study must:
  670         (a) Describe factors that currently prohibit or otherwise
  671  complicate the expansion of the beneficial use of reclaimed
  672  water and include recommendations for the mitigation or
  673  elimination of such factors.
  674         (b) Identify environmental, public health, public
  675  perception, engineering, and fiscal issues, and user fee
  676  amounts, including utility rate structures for potable and
  677  reclaimed water.
  678         (c) Identify areas in the state where making reclaimed
  679  water available for irrigation or other uses is necessary
  680  because the use of traditional water supply sources is
  681  constrained by limitations on availability.
  682         (d) Evaluate the costs to users of reclaimed water compared
  683  to the cost associated with traditional water sources, including
  684  an examination of the nutrient concentrations in reclaimed water
  685  and the necessity for additional fertilizer supplementation.
  686         (e) Evaluate permitting incentives, such as further
  687  extending current authorization for long-term consumptive use
  688  permits to all entities substituting reclaimed water for
  689  traditional water sources or including in such permits a
  690  provision that authorizes conversion to traditional water
  691  sources if reclaimed water becomes unavailable or cost
  692  prohibitive.
  693         (f) Describe the basic feasibility, benefit, and cost
  694  estimates for the infrastructure needed to construct regional
  695  storage features on public or private lands for reclaimed water,
  696  stormwater, or excess surface water, including collection and
  697  delivery mechanisms for beneficial uses rather than discharge to
  698  tide, such as agricultural irrigation, power generation, public
  699  water supply, wetland restoration, groundwater recharge, and
  700  water body base flow augmentation.
  701         (g) Describe any other alternative processes, systems, or
  702  technology that may be comparable or preferable to a regional
  703  storage system or that may effectively complement or be a
  704  substitute for a regional storage system.
  705         (h) Evaluate the impact of implementation of a
  706  comprehensive reclaimed water plan on traditional water sources
  707  and aquifer levels.
  708         (2) The Department of Agriculture and Consumer Services and
  709  the Department of Environmental Protection shall jointly hold a
  710  public meeting to gather input on the design of the
  711  comprehensive study and to provide an opportunity for public
  712  comment before publishing the final report of the study.
  713         (3) The final report shall be submitted to the Governor,
  714  the President of the Senate, and the Speaker of the House of
  715  Representatives by December 1, 2015.
  716         (4) This section expires on December 1, 2015.
  717         Section 17. This act shall take effect July 1, 2014.
  719  ================= T I T L E  A M E N D M E N T ================
  720  And the title is amended as follows:
  721         Delete everything before the enacting clause
  722  and insert:
  723                        A bill to be entitled                      
  724         An act relating to springs; amending s. 201.15, F.S.;
  725         specifying distributions to the Ecosystem Management
  726         and Restoration Trust Fund; amending s. 373.042, F.S.;
  727         requiring the Department of Environmental Protection
  728         or the governing board of a water management district
  729         to establish the minimum flow and water level for an
  730         Outstanding Florida Spring; specifying minimum flows
  731         and water levels for an Outstanding Florida Spring;
  732         amending s. 373.0421, F.S.; conforming a cross
  733         reference; creating part VIII of chapter 373, F.S.,
  734         entitled “Florida Springs and Aquifer Protection Act”;
  735         creating s. 373.801, F.S.; providing legislative
  736         findings and intent; creating s. 373.802, F.S.;
  737         defining terms; creating s. 373.803, F.S.; requiring
  738         the Department of Environmental Protection to
  739         delineate the spring protection and management zone
  740         for each Outstanding Florida Spring; requiring the
  741         department to adopt by rule maps that depict the
  742         delineation of each spring protection and management
  743         zone for each Outstanding Florida Spring; creating s.
  744         373.805, F.S.; requiring the water management
  745         districts to adopt minimum flows and levels for
  746         Outstanding Florida Springs; requiring a water
  747         management district to implement a recovery or
  748         prevention strategy under certain circumstances;
  749         authorizing the water management districts to adopt
  750         rules; creating s. 373.807, F.S.; providing procedures
  751         for improving water quality in Outstanding Florida
  752         Springs; requiring the Department of Environmental
  753         Protection to develop a spring action plan; providing
  754         requirements; creating s. 373.808, F.S.; providing for
  755         funding mechanisms for the restoration of Outstanding
  756         Florida Springs; prohibiting a project from being
  757         funded under this part unless it is listed on a spring
  758         action plan; creating s. 373.809, F.S.; specifying
  759         prohibited activities within a spring protection and
  760         management zone of an Outstanding Florida Spring;
  761         creating s. 373.811, F.S.; providing rulemaking
  762         authority; creating s. 373.813, F.S.; providing for
  763         variances and exemptions under certain circumstances;
  764         amending s. 381.0065, F.S.; defining the term
  765         “responsible management entity”; requiring the
  766         Department of Health to submit a report to the
  767         Governor and the Legislature on responsible management
  768         entities; authorizing the establishment of responsible
  769         management entities; repealing s. 381.00651, F.S.,
  770         relating to periodic evaluation and assessment of
  771         onsite sewage treatment and disposal systems;
  772         requiring the Department of Agriculture and Consumer
  773         Services and the Department of Environmental
  774         Protection to conduct a comprehensive study on
  775         nutrient reduction improvements and the expansion of
  776         the beneficial use of reclaimed water; requiring the
  777         departments to jointly hold a public meeting to gather
  778         input on the design of the comprehensive study and
  779         provide an opportunity for public comment; requiring
  780         the final report to be submitted to the Governor and
  781         the Legislature by a certain date; providing for
  782         future expiration; providing effective dates.