Florida Senate - 2014                      CS for CS for SB 1576
       By the Committees on Agriculture; and Environmental Preservation
       and Conservation; and Senators Dean, Montford, Soto, Simmons,
       Hays, Altman, and Abruzzo
       575-03484-14                                          20141576c2
    1                        A bill to be entitled                      
    2         An act relating to springs; amending s. 201.15, F.S.;
    3         specifying distributions to the Ecosystem Management
    4         and Restoration Trust Fund; amending s. 373.042, F.S.;
    5         requiring the Department of Environmental Protection
    6         or the governing board of a water management district
    7         to establish the minimum flow and water level for an
    8         Outstanding Florida Spring; specifying minimum flows
    9         and water levels for an Outstanding Florida Spring;
   10         amending s. 373.0421, F.S.; conforming a cross
   11         reference; creating part VIII of chapter 373, F.S.,
   12         entitled “Florida Springs and Aquifer Protection Act”;
   13         creating s. 373.801, F.S.; providing legislative
   14         findings and intent; creating s. 373.802, F.S.;
   15         defining terms; creating s. 373.803, F.S.; requiring
   16         the Department of Environmental Protection to
   17         delineate the spring protection and management zone
   18         for each Outstanding Florida Spring; requiring the
   19         department to adopt by rule maps that depict the
   20         delineation of each spring protection and management
   21         zone for each Outstanding Florida Spring; creating s.
   22         373.805, F.S.; requiring the water management
   23         districts to adopt minimum flows and levels for
   24         Outstanding Florida Springs; requiring a water
   25         management district to implement a recovery or
   26         prevention strategy under certain circumstances;
   27         authorizing the water management districts to adopt
   28         rules; creating s. 373.807, F.S.; providing procedures
   29         for improving water quality in Outstanding Florida
   30         Springs; requiring the Department of Environmental
   31         Protection to develop a spring action plan; providing
   32         requirements; creating s. 373.808, F.S.; providing for
   33         funding mechanisms for the restoration of Outstanding
   34         Florida Springs; prohibiting a project from being
   35         funded under this part unless it is listed on a spring
   36         action plan; creating s. 373.809, F.S.; specifying
   37         prohibited activities within a spring protection and
   38         management zone of an Outstanding Florida Spring;
   39         creating s. 373.811, F.S.; providing rulemaking
   40         authority; creating s. 373.813, F.S.; providing for
   41         variances and exemptions under certain circumstances;
   42         amending s. 381.0065, F.S.; defining the term
   43         “responsible management entity”; requiring the
   44         Department of Health to submit a report to the
   45         Governor and the Legislature on responsible management
   46         entities; authorizing the establishment of responsible
   47         management entities; repealing s. 381.00651, F.S.,
   48         relating to periodic evaluation and assessment of
   49         onsite sewage treatment and disposal systems;
   50         requiring the Department of Agriculture and Consumer
   51         Services and the Department of Environmental
   52         Protection to conduct a comprehensive study on
   53         nutrient reduction improvements and the expansion of
   54         the beneficial use of reclaimed water; requiring the
   55         departments to jointly hold a public meeting to gather
   56         input on the design of the comprehensive study and
   57         provide an opportunity for public comment; requiring
   58         the final report to be submitted to the Governor and
   59         the Legislature by a certain date; providing for
   60         future expiration; providing effective dates.
   62  Be It Enacted by the Legislature of the State of Florida:
   64         Section 1. Paragraph (c) of subsection (1) of section
   65  201.15, Florida Statutes, is amended to read:
   66         201.15 Distribution of taxes collected.—All taxes collected
   67  under this chapter are subject to the service charge imposed in
   68  s. 215.20(1). Prior to distribution under this section, the
   69  Department of Revenue shall deduct amounts necessary to pay the
   70  costs of the collection and enforcement of the tax levied by
   71  this chapter. Such costs and the service charge may not be
   72  levied against any portion of taxes pledged to debt service on
   73  bonds to the extent that the costs and service charge are
   74  required to pay any amounts relating to the bonds. After
   75  distributions are made pursuant to subsection (1), all of the
   76  costs of the collection and enforcement of the tax levied by
   77  this chapter and the service charge shall be available and
   78  transferred to the extent necessary to pay debt service and any
   79  other amounts payable with respect to bonds authorized before
   80  January 1, 2013, secured by revenues distributed pursuant to
   81  subsection (1). All taxes remaining after deduction of costs and
   82  the service charge shall be distributed as follows:
   83         (1) Sixty-three and thirty-one hundredths percent of the
   84  remaining taxes shall be used for the following purposes:
   85         (c) After the required payments under paragraphs (a) and
   86  (b), the remainder shall be paid into the State Treasury to the
   87  credit of:
   88         1. The State Transportation Trust Fund in the Department of
   89  Transportation in the amount of the lesser of 38.2 percent of
   90  the remainder or $541.75 million in each fiscal year. Out of
   91  such funds, the first $50 million for the 2012-2013 fiscal year;
   92  $65 million for the 2013-2014 fiscal year; and $75 million for
   93  the 2014-2015 fiscal year and all subsequent years, shall be
   94  transferred to the State Economic Enhancement and Development
   95  Trust Fund within the Department of Economic Opportunity. The
   96  remainder shall is to be used for the following specified
   97  purposes, notwithstanding any other law to the contrary:
   98         a. For the purposes of capital funding for the New Starts
   99  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  100  specified in s. 341.051, 10 percent of these funds;
  101         b. For the purposes of the Small County Outreach Program
  102  specified in s. 339.2818, 5 percent of these funds. Effective
  103  July 1, 2014, the percentage allocated under this sub
  104  subparagraph shall be increased to 10 percent;
  105         c. For the purposes of the Strategic Intermodal System
  106  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  107  of these funds after allocating for the New Starts Transit
  108  Program described in sub-subparagraph a. and the Small County
  109  Outreach Program described in sub-subparagraph b.; and
  110         d. For the purposes of the Transportation Regional
  111  Incentive Program specified in s. 339.2819, 25 percent of these
  112  funds after allocating for the New Starts Transit Program
  113  described in sub-subparagraph a. and the Small County Outreach
  114  Program described in sub-subparagraph b. Effective July 1, 2014,
  115  the first $60 million of the funds allocated pursuant to this
  116  sub-subparagraph shall be allocated annually to the Florida Rail
  117  Enterprise for the purposes established in s. 341.303(5).
  118         2. The Grants and Donations Trust Fund in the Department of
  119  Economic Opportunity in the amount of the lesser of 0.23 .23
  120  percent of the remainder or $3.25 million in each fiscal year to
  121  fund technical assistance to local governments.
  122         3. The Ecosystem Management and Restoration Trust Fund in
  123  the amount of:
  124         a. The lesser of 2.12 percent of the remainder or $30
  125  million in each fiscal year, to be used for the preservation and
  126  repair of the state’s beaches as provided in ss. 161.091
  127  161.212; and
  128         b. Thirty-six and nine-tenths percent of the remainder in
  129  each fiscal year to be used for the restoration and protection
  130  of Outstanding Florida Springs pursuant to part VIII of chapter
  131  373 and for the acquisition of lands identified on the most
  132  current Board of Trustees Florida Forever Priority List, or by a
  133  water management district, which protect the essential parcels
  134  of the named spring projects that improve water quality or
  135  conserve water use and are located partially or fully within a
  136  spring protection and management zone of an Outstanding Florida
  137  Spring.
  138         4. General Inspection Trust Fund in the amount of the
  139  lesser of 0.02 .02 percent of the remainder or $300,000 in each
  140  fiscal year to be used to fund oyster management and restoration
  141  programs as provided in s. 379.362(3).
  143  Moneys distributed pursuant to this paragraph may not be pledged
  144  for debt service unless such pledge is approved by referendum of
  145  the voters.
  146         Section 2. Subsection (1) of section 373.042, Florida
  147  Statutes, is amended to read:
  148         373.042 Minimum flows and levels.—
  149         (1) Within each section, or within the water management
  150  district as a whole, the department or the governing board shall
  151  establish the following:
  152         (a) Minimum flow for all surface watercourses in the area.
  153  The minimum flow for a given watercourse is shall be the limit
  154  at which further withdrawals would be significantly harmful to
  155  the water resources or ecology of the area.
  156         (b) Minimum water level. The minimum water level is shall
  157  be the level of groundwater in an aquifer and the level of
  158  surface water at which further withdrawals would be
  159  significantly harmful to the water resources of the area.
  160         (c) Minimum flow and minimum water level for an Outstanding
  161  Florida Spring, as defined in s. 373.802. The minimum flow and
  162  minimum water level are the limit and level, respectively, at
  163  which further withdrawals would be harmful to the water
  164  resources or ecology of the area.
  166  The minimum flow and minimum water level shall be calculated by
  167  the department and the governing board using the best
  168  information available. When appropriate, minimum flows and
  169  minimum water levels may be calculated to reflect seasonal
  170  variations. The department and the governing board shall also
  171  consider, and at their discretion may provide for, the
  172  protection of nonconsumptive uses in the establishment of
  173  minimum flows and minimum water levels.
  174         Section 3. Paragraph (a) of subsection (1) of section
  175  373.0421, Florida Statutes, is amended to read:
  176         373.0421 Establishment and implementation of minimum flows
  177  and levels.—
  178         (1) ESTABLISHMENT.—
  179         (a) Considerations.—When establishing minimum flows and
  180  minimum water levels pursuant to s. 373.042, the department or
  181  governing board shall consider changes and structural
  182  alterations to watersheds, surface waters, and aquifers and the
  183  effects such changes or alterations have had, and the
  184  constraints such changes or alterations have placed, on the
  185  hydrology of an affected watershed, surface water, or aquifer,
  186  provided that nothing in this paragraph shall allow significant
  187  harm as provided by s. 373.042(1)(a) and (b), or harm as
  188  provided by s. 373.042(1)(c), caused by withdrawals.
  189         Section 4. Part VIII of chapter 373, Florida Statutes,
  190  consisting of sections 373.801, 373.802, 373.803, 373.805,
  191  373.807, 373.808, 373.809, 373.811, and 373.813, Florida
  192  Statutes, is created and entitled the “Florida Springs and
  193  Aquifer Protection Act.”
  194         Section 5. Section 373.801, Florida Statutes, is created to
  195  read:
  196         373.801Legislative findings and intent.—
  197         (1)The Legislature finds that springs are a unique part of
  198  this state’s scenic beauty, deserving the highest level of
  199  protection under s. 7, Art. II of the State Constitution.
  200  Springs provide critical habitat for plants and animals,
  201  including many endangered or threatened species. Springs also
  202  provide immeasurable natural, recreational, economic, and
  203  inherent value. Flow level and water quality of springs are
  204  indicators of local conditions of the Floridan Aquifer, which is
  205  the source of drinking water for many residents of this state.
  206  Springs are of great scientific importance in understanding the
  207  diverse functions of aquatic ecosystems. In addition, springs
  208  provide recreational opportunities for swimming, canoeing,
  209  wildlife watching, fishing, cave diving, and many other
  210  activities in this state. Because of such recreational
  211  opportunities and the accompanying tourism, state and local
  212  economies benefit from many of the springs in this state.
  213         (2) Water quantity and water quality in springs are
  214  directly related. For regulatory purposes, the department has
  215  primary responsibility for water quality; the water management
  216  districts have primary responsibility for water quantity; the
  217  Department of Agriculture and Consumer Services has primary
  218  responsibility for the development and implementation of best
  219  management practices; and local governments have primary
  220  responsibility for providing wastewater and stormwater
  221  management. The foregoing responsible entities must work
  222  together in a coordinated manner to restore and maintain the
  223  water quantity and water quality for Outstanding Florida
  224  Springs.
  225         (3) The Legislature recognizes that:
  226         (a)Springs are only as healthy as their springsheds. The
  227  groundwater that supplies springs is derived from water that
  228  recharges the aquifer system in the form of seepage from the
  229  land surface and through direct conduits such as sinkholes.
  230  Springs are adversely affected by polluted runoff from urban and
  231  agricultural lands; discharge resulting from inadequate
  232  wastewater and stormwater management practices; stormwater
  233  runoff; and the reduced water levels of the Floridan Aquifer. As
  234  a result, the hydrologic and environmental conditions of a
  235  spring or spring run are directly influenced by activities and
  236  land uses within a springshed and by water withdrawals from the
  237  Floridan Aquifer.
  238         (b)Springs, whether found in urban or rural settings, or
  239  on public or private lands, are threatened by actual or
  240  potential flow reductions and declining water quality. Many of
  241  this state’s springs are demonstrating signs of significant
  242  ecological imbalance, increased nutrient loading, and declining
  243  water flow. Without effective remedial actions, further declines
  244  in water quality and water quantity will occur.
  245         (c)The state standards regulating both water quality and
  246  quantity, including minimum criteria relating to nutrient
  247  concentrations in groundwater, need to protect both human health
  248  and the complex biological and ecological systems that
  249  contribute to the integrity of springs.
  250         (d)Springshed boundaries and areas of high vulnerability
  251  within a springshed need to be identified and delineated using
  252  the best available data.
  253         (e)Because springsheds cross water management district and
  254  local government jurisdictional boundaries, a coordinated
  255  statewide springs protection plan is needed.
  256         (f)The aquifers and springs of this state are complex
  257  systems affected by many variables and influences.
  258         (4)The Legislature recognizes that sufficient information
  259  exists to act, action is urgently needed, and action can be
  260  continually modified as additional data is acquired. Therefore,
  261  state agencies and water management districts shall work
  262  together with local governments to delineate springsheds and
  263  spring protection and management zones and develop comprehensive
  264  plans and land development regulations that protect the springs
  265  of this state for future generations.
  266         (5)The Legislature intends to establish a spring and
  267  aquifer protection program to be administered by the department.
  268         Section 6. Section 373.802, Florida Statutes, is created to
  269  read:
  270         373.802 Definitions.—As used in this part, the term:
  271         (1)“Department” means the Department of Environmental
  272  Protection, which includes the Florida Geological Survey or its
  273  successor agency or agencies.
  274         (2)“Local government” means a county or municipal
  275  government the jurisdictional boundaries of which include an
  276  Outstanding Florida Spring, or any part of a delineated
  277  springshed or spring protection and management zone for an
  278  Outstanding Florida Spring.
  279         (3)“Onsite sewage treatment and disposal system” means a
  280  system that contains a standard subsurface, filled, or mound
  281  drainfield system; an aerobic treatment unit; a graywater system
  282  tank; a laundry wastewater system tank; a septic tank; a grease
  283  interceptor; a pump tank; a solids or effluent pump; a
  284  waterless, incinerating, or organic waste-composting toilet; or
  285  a sanitary pit privy that is installed or proposed to be
  286  installed beyond the building sewer on land of the owner or on
  287  other land to which the owner has the legal right to install a
  288  system. The term includes any item placed within, or intended to
  289  be used as a part of or in conjunction with, the system. The
  290  term does not include package sewage treatment facilities and
  291  other treatment works regulated under chapter 403.
  292         (4)“Outstanding Florida Spring” includes all historic
  293  first magnitude springs, as determined by the department using
  294  the most recent Florida Geological Survey springs bulletin, and
  295  the following springs and their associated spring runs:
  296         (a)DeLeon Spring;
  297         (b)Peacock Spring;
  298         (c) Poe Spring;
  299         (d)Rock Springs;
  300         (e)Wekiwa Spring; and
  301         (f) Gemini Spring.
  302         (5)“Responsible management entity” means a legal entity
  303  established for the purpose of providing localized nutrient
  304  management services with the requisite managerial, financial,
  305  and technical capacity to ensure long-term management of onsite
  306  sewage treatment and disposal systems and other local nutrient
  307  sources at the option of the local government within its
  308  jurisdiction.
  309         (6)“Spring protection and management zone” means the area
  310  or areas of a springshed where the Floridan Aquifer is
  311  vulnerable to sources of contamination or reduced levels, as
  312  determined by the department in consultation with the
  313  appropriate water management districts.
  314         (7)“Spring run” means a body of flowing water that
  315  originates from a spring or whose primary source of water is a
  316  spring or springs under average rainfall conditions.
  317         (8)“Springshed” means the areas within the groundwater and
  318  surface water basins which contribute, based upon all relevant
  319  facts, circumstances, and data, to the discharge of a spring as
  320  defined by potentiometric surface maps and surface watershed
  321  boundaries.
  322         (9) “Spring vent” means a location where groundwater flows
  323  out of a natural, discernable opening in the ground onto the
  324  land surface or into a predominantly fresh surface waterbody.
  325         Section 7. Section 373.803, Florida Statutes, is created to
  326  read:
  327         373.803 Delineation of spring protection and management
  328  zones for Outstanding Florida Springs.—Using the best data
  329  available from the water management districts and other credible
  330  sources, the department, in consultation with the water
  331  management districts, shall delineate one or more spring
  332  protection and management zones for each Outstanding Florida
  333  Spring. In delineating spring protection and management zones,
  334  the department shall consider groundwater travel time to the
  335  spring, hydrogeology, and nutrient load. The delineation of
  336  spring protection and management zones must be completed by July
  337  1, 2015. In conjunction with delineating a spring protection and
  338  management zone for an Outstanding Florida Spring, the
  339  department shall adopt by rule, pursuant to ss. 120.536(1) and
  340  120.54, maps and legal descriptions that depict the delineated
  341  spring protection and management zone or zones for that spring.
  342         Section 8. Section 373.805, Florida Statutes, is created to
  343  read:
  344         373.805 Minimum flow and minimum water level for
  345  Outstanding Florida Springs.—
  346         (1) Each water management district shall establish a
  347  minimum flow and minimum water level for each Outstanding
  348  Florida Spring within its jurisdiction by July 1, 2015, in
  349  accordance with ss. 373.042 and 373.0421. The deadline may be
  350  extended each year until July 1, 2020, if a water management
  351  district provides sufficient evidence to the department that an
  352  extension is in the best interest of the public. This subsection
  353  does not apply to minimum flows and minimum water levels adopted
  354  before July 1, 2014, for a spring included in the definition of
  355  Outstanding Florida Springs in s. 373.802, until such time as
  356  the minimum flow or minimum water level is revised, or otherwise
  357  amended.
  358         (2)By July 1, 2017, each water management district shall
  359  approve a recovery or prevention strategy, as required by ss.
  360  373.042 and 373.0421, for each Outstanding Florida Spring in its
  361  jurisdiction in which the existing flow or water level of the
  362  Outstanding Florida Spring is below, or is projected within the
  363  next 20 years to fall below, the applicable minimum flow or
  364  minimum water level established pursuant to s. 373.042. The
  365  recovery or prevention strategy for each Outstanding Florida
  366  Spring must include, at a minimum:
  367         (a) A listing of all specific projects identified for
  368  implementation of a recovery or prevention strategy.
  369         (b) A priority listing of each project.
  370         (c) The estimated cost for each listed project.
  371         (d) The source and amount of financial assistance to be
  372  made available by the water management district for each
  373  project, which may not be less than 25 percent of the total
  374  project cost unless a specific funding source or sources are
  375  identified which will provide more than 75 percent of the total
  376  project cost. The Northwest Florida Water Management District
  377  and the Suwannee River Water Management District are not
  378  required to provide matching funds pursuant to this paragraph.
  379         Section 9. Section 373.807, Florida Statutes, is created to
  380  read:
  381         373.807 Protection of water quality in Outstanding Florida
  382  Springs.—By July 1, 2015, the department shall assess each
  383  Outstanding Florida Spring for which an impairment determination
  384  has not been made under the numeric nutrient standards in effect
  385  for spring vents.
  386         (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the
  387  department shall develop basin management action plans, as
  388  specified in s. 403.067(7), for Outstanding Florida Springs
  389  impaired by nutrients.
  390         (2)(a)SPRING ACTION PLAN.—By July 1, 2014, the department
  391  shall begin preparation of a spring action plan for each
  392  Outstanding Florida Spring that has an adopted basin management
  393  action plan or an implemented recovery or prevention strategy,
  394  or as soon as a basin management action plan is adopted, a
  395  recovery or prevention strategy is implemented, or the
  396  department projects the Outstanding Florida Spring will be
  397  impaired by nutrients within 20 years. Each initial spring
  398  action plan shall be adopted within one year of when the
  399  department begins preparation of the spring action plan.
  400  Further, the spring action plan must be continually updated to
  401  reflect newly added and completed projects.
  402         (b) A spring action plan must include all of the following:
  403         1.All projects in the basin management action plan which
  404  are located fully or partially within a spring protection and
  405  management zone.
  406         2.All projects in the regional water supply plan which are
  407  located fully or partially within a spring protection and
  408  management zone.
  409         3.All projects included in a recovery or prevention
  410  strategy which are located fully or partially within a spring
  411  protection and management zone.
  412         4.All projects proposed to or by the department that will
  413  prevent or stop potential nutrient impairment.
  414         5.An estimate of each listed project’s reduction of
  415  nutrient loading.
  416         6.A map and legal descriptions depicting the spring
  417  protection and management zones established pursuant to s.
  418  373.803.
  419         7.Identification of each point source or category of
  420  nonpoint sources, including but not limited to, urban turf
  421  fertilizer, sports turf fertilizer, agricultural fertilizer,
  422  onsite sewage treatment and disposal systems, wastewater
  423  treatment facilities, animal wastes, and stormwater facilities.
  424  An estimated allocation of the pollutant load shall be provided
  425  for each point source or category of nonpoint sources.
  426         (3) REQUIREMENTS.—
  427         (a) Within 6 months of the delineation of a spring
  428  protection and management zone or zones of an Outstanding
  429  Florida Spring that is fully or partially within the
  430  jurisdiction of a local government, a local government must
  431  develop, enact, and implement an ordinance that meets or exceeds
  432  the requirements of the department’s Model Ordinance for
  433  Florida-Friendly Fertilizer Use on Urban Landscapes. Such
  434  ordinance must require that, within a spring protection and
  435  management zone of an Outstanding Florida Spring impaired by
  436  nutrients, the nitrogen content of any fertilizer applied to
  437  turf or landscape plants may not exceed the lowest, basic
  438  maintenance rate of the most recent recommendations by the
  439  Institute of Food and Agricultural Sciences. The department
  440  shall adopt rules to implement this paragraph which establish
  441  reasonable minimum standards and reflect advancements or
  442  improvements regarding nutrient load reductions.
  443         (b)By July 1, 2016, the owner or operator of each existing
  444  wastewater treatment facility in a spring protection and
  445  management zone shall file for approval by the department a plan
  446  for complying with this paragraph. Upon a showing to the
  447  department of inordinate expense or that a delay is in the best
  448  interest of the public, the department may grant a local
  449  government or wastewater treatment facility an extension of up
  450  to 2 years to implement the plan. The owner and operator shall
  451  submit a proposal for funding at least once every 2 years until
  452  the plan is fully implemented.
  453         (c)By July 1, 2016, the department, in consultation with
  454  the Department of Health and local governments, must identify
  455  onsite sewage treatment and disposal systems within a spring
  456  protection and management zone. Within 60 days of the
  457  department’s completion of the identification of these systems,
  458  the department shall provide the location of these systems to
  459  the local governments in which these systems are located. Within
  460  1 year of identification of these systems, and in consultation
  461  with the department, the local governments in which they are
  462  located shall develop an onsite sewage treatment and disposal
  463  system remediation plan. For each onsite sewage treatment and
  464  disposal system or group of systems, the plan must include
  465  whether the systems require upgrading, connection to a central
  466  sewerage system, or no action. The plan must also include a
  467  priority ranking for each system or group of systems that
  468  require remediation. Each remediation plan must be submitted to
  469  the department for approval. In reviewing and approving the
  470  remediation plans, the department shall consider, at a minimum,
  471  all of the following:
  472         1. The density of the onsite sewage treatment and disposal
  473  systems.
  474         2. The number of onsite sewage treatment and disposal
  475  systems.
  476         3. The proximity of the onsite sewage treatment and
  477  disposal system or systems to an Outstanding Florida Spring
  478         4. The estimated nutrient loading of the onsite sewage
  479  treatment and disposal system or systems.
  480         5. The cost of the proposed remedial action.
  481         (d)Remedial actions required under this paragraph are not
  482  required until adequate funding for the specific project is
  483  provided pursuant to s. 373.808. As used in this paragraph, the
  484  term “adequate funding” means that the department has agreed to
  485  provide 100 percent of the state’s portion of funding requested
  486  for the project under s. 373.808. The provisions of this
  487  paragraph are supplemental to any other specific requirements or
  488  authority provided by law.
  489         1.By July 1, 2021, the owner or operator of each existing
  490  wastewater treatment facility in a spring protection and
  491  management zone shall meet a standard of no more than 3 mg/L
  492  Total Nitrogen, expressed as N, on an annual permitted basis,
  493  unless granted a variance or exemption pursuant to s. 373.813.
  494         2.By July 1, 2019, each agricultural producer in a spring
  495  protection and management zone must implement best management
  496  practices or other measures necessary to achieve pollution
  497  reduction levels established by the department. The Department
  498  of Agriculture and Consumers Services, in consultation with the
  499  department, shall adopt rules to implement this subparagraph.
  500         3.Within 6 months after approval of the onsite sewage
  501  treatment and disposal system remediation plan by the
  502  department, the local government shall begin implementing the
  503  approved remediation plan by making proposals to the department
  504  for funding pursuant to s. 373.808. The costs of connection to a
  505  central sewerage system or upgrading the onsite sewage treatment
  506  and disposal systems are eligible for funding of up to 100
  507  percent of the total project cost. Further, the costs of
  508  connection to a central sewerage system or upgrading the onsite
  509  sewage treatment and disposal system may not be imposed on the
  510  property owner. The local government shall submit a proposal for
  511  funding at least every two years until the remediation plan is
  512  fully implemented.
  513         Section 10. Section 373.808, Florida Statutes, is created
  514  to read:
  515         373.808 Funding for the restoration of Outstanding Florida
  516  Springs.—
  517         (1)In order to satisfy the requirements under this part,
  518  state agencies, water management districts, local governments,
  519  special districts, utilities, and regional management entities,
  520  if applicable, shall cooperate with property owners and
  521  agricultural producers to submit project proposals to the
  522  department in order to receive funding for up to 75 percent of
  523  the total project cost. Project submittals for upgrades or
  524  connections of onsite sewage treatment and disposal systems, and
  525  those submitted by a fiscally constrained county as described in
  526  s. 218.67(1) or in a municipality located therein, are eligible
  527  for funding of up to 100 percent of the total project cost.
  528         (2) Projects approved by the department shall be funded by
  529  moneys from documentary stamp tax revenues deposited into the
  530  Ecosystem Management and Restoration Trust Fund in accordance
  531  with s. 201.15(1)(c)3.b. The Legislature may use other sources
  532  of revenue to fund projects submitted to the department pursuant
  533  to this part.
  534         (3) The department may distribute moneys deposited into the
  535  Ecosystem Management and Restoration Trust Fund pursuant to
  536  subsection (2) to any person who submits a project proposal
  537  application to the department for which funding is approved. The
  538  department shall distribute moneys to state agencies and water
  539  management districts for all reasonable administrative costs
  540  related to implementing this part. In addition, the department
  541  may adopt rules to develop grant application procedures to cover
  542  reasonable administrative costs of a fiscally constrained county
  543  as described in s. 218.67(1) or a municipality located therein.
  544         (4) Moneys in the fund not needed in the current fiscal
  545  year to meet obligations incurred under this part shall be
  546  deposited to the credit of the fund and may be invested in the
  547  manner provided by law. Interest received on such investments
  548  shall be credited to the Ecosystem Management and Restoration
  549  Trust Fund for the purposes specified in s. 201.15(1)(c)3.b.
  550         (5) By December 31, 2014, the department shall adopt rules
  551  to fund pilot projects that test the effectiveness of innovative
  552  or existing nutrient reduction or water conservation
  553  technologies or practices designed to minimize nutrient
  554  pollution in the springs of this state. The department must
  555  approve funding for at least two pilot projects in each project
  556  selection cycle if the department determines that the project
  557  will not be harmful to the ecological resources in the study
  558  area.
  559         (6) By December 31, 2014, the department shall develop and
  560  recommend rules to competitively evaluate, select, and rank
  561  projects eligible for partial or complete funding under this
  562  section. In developing these rules, the department shall give
  563  preference to the projects that it estimates will result in the
  564  greatest improvement to water quality and water quantity for the
  565  dollars to be expended for the project. At a minimum, the
  566  department shall consider the following criteria:
  567         (a)Whether the project is within a spring protection and
  568  management zone of an Outstanding Florida Spring impaired by
  569  nutrients.
  570         (b) The level of nutrient impairment of the Outstanding
  571  Florida Spring in which the project is located.
  572         (c) The quantity of pollutants, particularly total
  573  nitrogen, the project is estimated to remove from a spring
  574  protection and management zone.
  575         (d) Whether the project is within a spring protection and
  576  management zone of an Outstanding Florida Spring that is not
  577  meeting its adopted minimum flow or minimum water level.
  578         (e) The flow necessary to restore the Outstanding Florida
  579  Spring to its adopted minimum flow or minimum water level.
  580         (f) The anticipated impact the project will have on
  581  restoring or increasing water flow or water level.
  582         (g)Whether the project facilitates or enhances an existing
  583  basin management action plan adopted by the department to
  584  address pollutant loadings.
  585         (h) Whether the project is identified and prioritized in an
  586  adopted regional water supply plan.
  587         (i)The percentage by which the amount of matching funds
  588  provided by the applicant exceeds the statutory minimum required
  589  under s. 373.805 or s. 373.807.
  590         (j)For multiple-year projects, whether the project has
  591  funding sources that are identified and assured through the
  592  expected completion date of the project.
  593         (k)The cost of the project and the length of time it will
  594  take to complete relative to its expected benefits.
  595         (l)Whether the applicant, since July 1, 2009, has used its
  596  own funds for projects to improve water quality or conserve
  597  water use within a springshed or spring protection and
  598  management zone of an Outstanding Florida Spring, with
  599  preference given to those applicants that have expended such
  600  funds.
  601         (7) In addition to the criteria set forth in subsection
  602  (6), a project may not be funded by the department under this
  603  part unless it is listed on a spring action plan.
  604         Section 11. Section 373.809, Florida Statutes, is created
  605  to read:
  606         373.809 Prohibited activities within a spring protection
  607  and management zone of an Outstanding Florida Spring.—The
  608  following activities are prohibited within a spring protection
  609  and management zone of an Outstanding Florida Spring:
  610         (1) New municipal or industrial wastewater disposal
  611  systems, including rapid infiltration basins, except those
  612  systems that meet an advanced wastewater treatment standard of
  613  no more than 3 mg/L Total Nitrogen, expressed as N, on an annual
  614  permitted basis, or a higher treatment standard if the
  615  department determines the higher standard is necessary to
  616  prevent impairment or aid in the recovery of an Outstanding
  617  Florida Spring.
  618         (2) New onsite sewage treatment and disposal systems on
  619  lots less than 1 acre, except for active or passive nitrogen
  620  removing onsite sewage treatment and disposal systems approved
  621  by the Department of Health. This subsection shall take effect
  622  July 1, 2015.
  623         (3) New facilities for the disposal of hazardous waste.
  624         (4) The land spreading, dumping, or disposal of all
  625  domestic wastewater residuals or septage.
  626         (5) Concentrated animal feeding operations or intense
  627  cattle finishing and slaughter operations. This subsection does
  628  not apply to operations permitted by July 1, 2014, or the future
  629  expansion of livestock or poultry operations engaged in the
  630  occupation of bona fide agriculture as of July 1, 2014.
  631         Section 12. Section 373.811, Florida Statutes, is created
  632  to read:
  633         373.811 Rules.—
  634         (1) The department shall adopt rules to create a program to
  635  improve water quantity and water quality pursuant to ss.
  636  120.536(1) and 120.54 to administer this part, as applicable. In
  637  developing rules to administer s. 373.808, the department shall
  638  use the Total Maximum Daily Load Water Quality Restoration
  639  Grants rule as guidance to develop a comparable program for the
  640  restoration and protection of the water quality and water
  641  quantity for Outstanding Florida Springs.
  642         (2) The Department of Health, the Department of Agriculture
  643  and Consumer Services, the water management districts, and
  644  responsible management entities may adopt rules pursuant to ss.
  645  120.536(1) and 120.54 to administer this part, as applicable.
  646         (3)(a)The Department of Agriculture and Consumer Services
  647  is the lead agency coordinating the reduction of agricultural
  648  nonpoint sources of pollution for the protection of Outstanding
  649  Florida Springs. The Department of Agriculture and Consumer
  650  Services and the department, pursuant to s. 403.067(7)(c)4.,
  651  shall study new or revised best management practices for
  652  improving and protecting Outstanding Florida Springs and, if
  653  necessary, in cooperation with applicable local governments and
  654  stakeholders, initiate rulemaking to require the implementation
  655  of such practices within a reasonable time period.
  656         (b)The department, the Department of Agriculture and
  657  Consumer Services, and the University of Florida’s Institute of
  658  Food and Agricultural Sciences shall cooperate in conducting the
  659  necessary research and demonstration projects to develop
  660  improved or additional nutrient management tools, including the
  661  use of controlled release fertilizer that can be used by
  662  agricultural producers as part of an agricultural best
  663  management practices program. The development of such tools must
  664  reflect a balance between water quality improvement and
  665  agricultural productivity and, when applicable, must be
  666  incorporated into the revised best management practices adopted
  667  by rule of the Department of Agriculture and Consumer Services.
  668         Section 13. Section 373.813, Florida Statutes, is created
  669  to read:
  670         373.813 Variances and exemptions.—A person may apply to the
  671  appropriate agency or a water management district for a variance
  672  or exemption from any requirement in this part. An agency or a
  673  water management district may approve the application upon
  674  receiving reasonable assurance that the applicant’s proposed
  675  activity, evaluated individually and as part of cumulative
  676  impacts, will not cause or contribute to violations of water
  677  quality standards, minimum flows, or minimum water levels in an
  678  Outstanding Florida Spring.
  679         Section 14. Present paragraphs (n) through (q) of
  680  subsection (2) of section 381.0065, Florida Statutes, are
  681  redesignated as paragraphs (o) through (r), respectively, a new
  682  paragraph (n) is added to that subsection, and subsection (7) is
  683  added to that section, to read:
  684         381.0065 Onsite sewage treatment and disposal systems;
  685  regulation.—
  686         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  687  term:
  688         (n) “Responsible management entity” has the same meaning as
  689  in s. 373.802.
  691         (a) By March 1, 2015, the department and the Department of
  692  Environmental Protection shall submit a report and
  693  recommendations to the Governor, the President of the Senate,
  694  and the Speaker of the House of Representatives on the creation
  695  and operation of responsible management entities within spring
  696  protection and management zones of Outstanding Florida Springs,
  697  as defined in s. 373.802. The report must focus on the
  698  feasibility of different management models to prevent, reduce,
  699  and control nutrient pollution from onsite sewage treatment and
  700  disposal systems, including the costs associated with each
  701  model. In addition, the report must compare the results of the
  702  differing management models to a mandatory onsite sewage
  703  treatment and disposal system evaluation and assessment program
  704  or any other option that would achieve similar nutrient
  705  pollution reductions in the short and long term.
  706         (b) A local government may not create a responsible
  707  management entity without the prior approval of the department,
  708  in consultation with the Department of Environmental Protection.
  709  In reviewing requests for the creation of a responsible
  710  management entity, the local government must demonstrate to the
  711  department, in consultation with the Department of Environmental
  712  Protection, that it has the management skills, personnel,
  713  financial capacity, and technical expertise to properly operate
  714  and maintain such an entity.
  715         (c) The department shall ensure that responsible management
  716  entities adopt rules and policies that are at least as
  717  restrictive as state law.
  718         Section 15. Section 381.00651, Florida Statutes, is
  719  repealed.
  720         Section 16. Comprehensive study on nutrient reduction
  721  improvements and the beneficial use of reclaimed water,
  722  stormwater, and excess surface water.—
  723         (1) The Department of Agriculture and Consumer Services and
  724  the Department of Environmental Protection, in cooperation with
  725  the five water management districts, shall conduct a
  726  comprehensive study on the expansion of the beneficial use of
  727  reclaimed water, stormwater, and excess surface water in this
  728  state. The final report of the study must:
  729         (a) Describe factors that currently prohibit or otherwise
  730  complicate the expansion of the beneficial use of reclaimed
  731  water and include recommendations for the mitigation or
  732  elimination of such factors.
  733         (b) Identify environmental, public health, public
  734  perception, engineering, and fiscal issues, and user fee
  735  amounts, including utility rate structures for potable and
  736  reclaimed water.
  737         (c) Identify areas in the state where making reclaimed
  738  water available for irrigation or other uses is necessary
  739  because the use of traditional water supply sources is
  740  constrained by limitations on availability.
  741         (d) Evaluate the costs to users of reclaimed water compared
  742  to the cost associated with traditional water sources, including
  743  an examination of the nutrient concentrations in reclaimed water
  744  and the necessity for additional fertilizer supplementation.
  745         (e) Evaluate permitting incentives, such as further
  746  extending current authorization for long-term consumptive use
  747  permits to all entities substituting reclaimed water for
  748  traditional water sources or including in such permits a
  749  provision that authorizes conversion to traditional water
  750  sources if reclaimed water becomes unavailable or cost
  751  prohibitive.
  752         (f) Describe the basic feasibility, benefit, and cost
  753  estimates for the infrastructure needed to construct regional
  754  storage features on public or private lands for reclaimed water,
  755  stormwater, or excess surface water, including collection and
  756  delivery mechanisms for beneficial uses rather than discharge to
  757  tide, such as agricultural irrigation, power generation, public
  758  water supply, wetland restoration, groundwater recharge, and
  759  water body base flow augmentation.
  760         (g) Describe any other alternative processes, systems, or
  761  technology that may be comparable or preferable to a regional
  762  storage system or that may effectively complement or be a
  763  substitute for a regional storage system.
  764         (h) Evaluate the impact of implementation of a
  765  comprehensive reclaimed water plan on traditional water sources
  766  and aquifer levels.
  767         (2) The Department of Agriculture and Consumer Services and
  768  the Department of Environmental Protection shall jointly hold a
  769  public meeting to gather input on the design of the
  770  comprehensive study and to provide an opportunity for public
  771  comment before publishing the final report of the study.
  772         (3) The final report shall be submitted to the Governor,
  773  the President of the Senate, and the Speaker of the House of
  774  Representatives by December 1, 2015.
  775         (4) This section expires on December 1, 2015.
  776         Section 17. This act shall take effect July 1, 2014.