Florida Senate - 2014 CS for CS for CS for SB 1576
By the Committees on Appropriations; Agriculture; and
Environmental Preservation and Conservation; and Senators Dean,
Montford, Soto, Simmons, Hays, Altman, and Abruzzo
576-04556B-14 20141576c3
1 A bill to be entitled
2 An act relating to springs; amending s. 373.042, F.S.;
3 requiring the Department of Environmental Protection
4 or the governing board of a water management district
5 to establish the minimum flow and water level for an
6 Outstanding Florida Spring; specifying minimum flows
7 and water levels for an Outstanding Florida Spring;
8 amending s. 373.0421, F.S.; conforming a cross
9 reference; creating part VIII of chapter 373, F.S.,
10 entitled “Florida Springs and Aquifer Protection Act”;
11 creating s. 373.801, F.S.; providing legislative
12 findings and intent; creating s. 373.802, F.S.;
13 defining terms; creating s. 373.803, F.S.; requiring
14 the Department of Environmental Protection to
15 delineate a spring protection and management zone for
16 each Outstanding Florida Spring; requiring the
17 department to adopt by rule maps that depict the
18 delineation of each spring protection and management
19 zone for each Outstanding Florida Spring; providing a
20 deadline; creating s. 373.805, F.S.; requiring the
21 water management districts to adopt minimum flows and
22 levels for Outstanding Florida Springs; requiring a
23 water management district to implement a recovery or
24 prevention strategy under certain circumstances;
25 providing minimum criteria; providing deadlines;
26 creating s. 373.807, F.S.; requiring assessments for
27 Outstanding Florida Springs; requiring the Department
28 of Environmental Protection to develop basin
29 management action plans, providing minimum criteria,
30 providing deadlines; requiring local governments to
31 adopt an urban fertilizer ordinance; requiring local
32 governments to develop onsite sewage treatment and
33 disposal system remediation plans; creating s.
34 373.809, F.S.; requiring the department to adopt rules
35 to fund pilot projects; providing minimum ranking
36 criteria; creating s. 373.811, F.S.; specifying
37 prohibited activities within a spring protection and
38 management zone of an Outstanding Florida Spring;
39 creating s. 373.813, F.S.; providing rulemaking
40 authority; creating s. 373.815, F.S.; requiring the
41 Department of Environmental Protection to submit
42 annual reports; providing funding in the General
43 Appropriations Act for fiscal year 2014-2015;
44 providing effective dates.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (1) of section 373.042, Florida
49 Statutes, is amended to read:
50 373.042 Minimum flows and levels.—
51 (1) Within each section, or within the water management
52 district as a whole, the department or the governing board shall
53 establish the following:
54 (a) Minimum flow for all surface watercourses in the area.
55 The minimum flow for a given watercourse is shall be the limit
56 at which further withdrawals would be significantly harmful to
57 the water resources or ecology of the area.
58 (b) Minimum water level. The minimum water level is shall
59 be the level of groundwater in an aquifer and the level of
60 surface water at which further withdrawals would be
61 significantly harmful to the water resources of the area.
62 (c) Minimum flow and minimum water level for an Outstanding
63 Florida Spring, as defined in s. 373.802. The minimum flow and
64 minimum water level are the limit and level, respectively, at
65 which further withdrawals would be harmful to the water
66 resources or ecology of the area.
67
68 The minimum flow and minimum water level shall be calculated by
69 the department and the governing board using the best
70 information available. When appropriate, minimum flows and
71 minimum water levels may be calculated to reflect seasonal
72 variations. The department and the governing board shall also
73 consider, and at their discretion may provide for, the
74 protection of nonconsumptive uses in the establishment of
75 minimum flows and minimum water levels.
76 Section 2. Paragraph (a) of subsection (1) of section
77 373.0421, Florida Statutes, is amended to read:
78 373.0421 Establishment and implementation of minimum flows
79 and levels.—
80 (1) ESTABLISHMENT.—
81 (a) Considerations.—When establishing minimum flows and
82 minimum water levels pursuant to s. 373.042, the department or
83 governing board shall consider changes and structural
84 alterations to watersheds, surface waters, and aquifers and the
85 effects such changes or alterations have had, and the
86 constraints such changes or alterations have placed, on the
87 hydrology of an affected watershed, surface water, or aquifer,
88 provided that nothing in this paragraph shall allow significant
89 harm as provided by s. 373.042(1)(a) and (b), or harm as
90 provided by s. 373.042(1)(c), caused by withdrawals.
91 Section 3. Part VIII of chapter 373, Florida Statutes,
92 consisting of sections 373.801, 373.802, 373.803, 373.805,
93 373.807, 373.809, 373.811, 373.813, and 373.815, Florida
94 Statutes, is created and entitled the “Florida Springs and
95 Aquifer Protection Act.”
96 Section 4. Section 373.801, Florida Statutes, is created to
97 read:
98 373.801 Legislative findings and intent.—
99 (1) The Legislature finds that springs are a unique part of
100 this state’s scenic beauty. Springs provide critical habitat for
101 plants and animals, including many endangered or threatened
102 species. Springs also provide immeasurable natural,
103 recreational, economic, and inherent value. Flow level and water
104 quality of springs are indicators of local conditions of the
105 Floridan Aquifer, which is the source of drinking water for many
106 residents of this state. Springs are of great scientific
107 importance in understanding the diverse functions of aquatic
108 ecosystems. In addition, springs provide recreational
109 opportunities for swimming, canoeing, wildlife watching,
110 fishing, cave diving, and many other activities in this state.
111 Because of such recreational opportunities and the accompanying
112 tourism, state and local economies benefit from many of the
113 springs in this state.
114 (2) Water quantity and water quality in springs are
115 related. For regulatory purposes, the department has primary
116 responsibility for water quality; the water management districts
117 have primary responsibility for water quantity; the Department
118 of Agriculture and Consumer Services has primary responsibility
119 for the development and implementation of best management
120 practices; and local governments have primary responsibility for
121 providing wastewater and stormwater management. The foregoing
122 responsible entities must work together in a coordinated manner
123 to restore and maintain the water quantity and water quality for
124 Outstanding Florida Springs.
125 (3) The Legislature recognizes that:
126 (a) Springs are only as healthy as their springsheds. The
127 groundwater that supplies springs is derived from water that
128 recharges the aquifer system in the form of seepage from the
129 land surface and through direct conduits such as sinkholes.
130 Springs may be adversely affected by polluted runoff from urban
131 and agricultural lands; discharge resulting from inadequate
132 wastewater and stormwater management practices; stormwater
133 runoff; and the reduced water levels of the Floridan Aquifer. As
134 a result, the hydrologic and environmental conditions of a
135 spring or spring run are directly influenced by activities and
136 land uses within a springshed and by water withdrawals from the
137 Floridan Aquifer.
138 (b) Springs, whether found in urban or rural settings, or
139 on public or private lands, are threatened by actual or
140 potential flow reductions and declining water quality. Many of
141 this state’s springs are demonstrating signs of significant
142 ecological imbalance, increased nutrient loading, and declining
143 water flow. Without effective remedial actions, further declines
144 in water quality and water quantity may occur.
145 (c) Springshed boundaries and areas of high vulnerability
146 within a springshed need to be identified and delineated using
147 the best available data.
148 (d) Because springsheds cross water management district and
149 local government jurisdictional boundaries, a coordinated
150 statewide springs protection plan is needed.
151 (e) The aquifers and springs of this state are complex
152 systems affected by many variables and influences.
153 (4) The Legislature recognizes that sufficient information
154 exists to act, action is urgently needed, and action can be
155 continually modified as additional data is acquired.
156 Section 5. Section 373.802, Florida Statutes, is created to
157 read:
158 373.802 Definitions.—As used in this part, the term:
159 (1) “Department” means the Department of Environmental
160 Protection, which includes the Florida Geological Survey or its
161 successor agency or agencies.
162 (2) “Local government” means a county or municipal
163 government the jurisdictional boundaries of which include an
164 Outstanding Florida Spring, or any part of a delineated
165 springshed or spring protection and management zone for an
166 Outstanding Florida Spring.
167 (3) “Onsite sewage treatment and disposal system” means a
168 system that contains a standard subsurface, filled, or mound
169 drainfield system; an aerobic treatment unit; a graywater system
170 tank; a laundry wastewater system tank; a septic tank; a grease
171 interceptor; a pump tank; a solids or effluent pump; a
172 waterless, incinerating, or organic waste-composting toilet; or
173 a sanitary pit privy that is installed or proposed to be
174 installed beyond the building sewer on land of the owner or on
175 other land to which the owner has the legal right to install a
176 system. The term includes any item placed within, or intended to
177 be used as a part of or in conjunction with, the system. The
178 term does not include package sewage treatment facilities and
179 other treatment works regulated under chapter 403.
180 (4) “Outstanding Florida Spring” includes all historic
181 first magnitude springs, as determined by the department using
182 the most recent Florida Geological Survey springs bulletin, and
183 the following springs, and their associated spring runs:
184 (a) DeLeon Spring;
185 (b) Peacock Spring;
186 (c) Poe Spring;
187 (d) Rock Springs;
188 (e) Wekiwa Spring; and
189 (f) Gemini Spring.
190 (5) “Spring protection and management zone” means the area
191 or areas of a springshed where the Floridan Aquifer is
192 vulnerable to sources of contamination or reduced levels, as
193 determined by the department in consultation with the
194 appropriate water management districts.
195 (6) “Spring run” means a body of flowing water that
196 originates from a spring or whose primary source of water is a
197 spring or springs under average rainfall conditions.
198 (7) “Springshed” means the areas within the groundwater and
199 surface water basins which contribute, based upon all relevant
200 facts, circumstances, and data, to the discharge of a spring as
201 defined by potentiometric surface maps and surface watershed
202 boundaries.
203 (8) “Spring vent” means a location where groundwater flows
204 out of a natural, discernable opening in the ground onto the
205 land surface or into a predominantly fresh surface waterbody.
206 Section 6. Section 373.803, Florida Statutes, is created to
207 read:
208 373.803 Delineation of spring protection and management
209 zones for Outstanding Florida Springs.—Using the best data
210 available from the water management districts and other credible
211 sources, the department, in coordination with the water
212 management districts, shall delineate one or more spring
213 protection and management zones for each Outstanding Florida
214 Spring. In delineating spring protection and management zones,
215 the department shall consider groundwater travel time to the
216 spring, hydrogeology, and nutrient load. The delineation of
217 spring protection and management zones must be completed by July
218 1, 2015. In conjunction with delineating a spring protection and
219 management zone for an Outstanding Florida Spring, the
220 department shall adopt by rule, pursuant to ss. 120.536(1) and
221 120.54, maps and legal descriptions that depict the delineated
222 spring protection and management zone or zones for that spring
223 as soon as practicable but no later than July 1, 2016.
224 Section 7. Section 373.805, Florida Statutes, is created to
225 read:
226 373.805 Minimum flows and minimum water levels for
227 Outstanding Florida Springs.—
228 (1)(a) Each water management district shall establish a
229 minimum flow and minimum water level for each Outstanding
230 Florida Spring within its jurisdiction by July 1, 2015, in
231 accordance with ss. 373.042 and 373.0421. The deadline may be
232 extended each year until July 1, 2022, if a water management
233 district provides sufficient evidence to the department that an
234 extension is in the best interest of the public.
235 (b) If an area contributes or has contributed to the flow
236 of an Outstanding Florida Spring and that area is in more than
237 one water management district or is impacted by withdrawals
238 outside of the water management district where the Outstanding
239 Florida Spring is located, the department, in conjunction with
240 the affected water management districts, shall establish a
241 minimum flow and minimum water level by July 1, 2017, in
242 accordance with ss. 373.042 and 373.0421.
243 (2) At the time a minimum flow or minimum water level is
244 adopted for an Outstanding Florida Spring, if the spring is
245 below or is projected within 20 years to fall below the initial
246 minimum flow or minimum water level, a water management
247 district, pursuant to paragraph (1)(a), or the department,
248 pursuant to paragraph (1)(b), shall simultaneously adopt a
249 recovery or prevention strategy required by s. 373.0421.
250 (3) For an Outstanding Florida Spring, a minimum flow and
251 minimum water level adopted before July 1, 2014, must be revised
252 by July 1, 2017. When a minimum flow or minimum water level is
253 revised, if the spring is below or is projected within 20 years
254 to fall below the revised minimum flow or minimum water level, a
255 water management district, pursuant to paragraph (1)(a), or the
256 department, pursuant to paragraph (1)(b), shall simultaneously
257 adopt a recovery or prevention strategy required by s.
258 373.0421(2) or modify an existing recovery or prevention
259 strategy. A district or the department may adopt the revised
260 minimum flow and minimum water level prior to the adoption of a
261 recovery or prevention strategy if the revised minimum flow and
262 minimum water level is less constraining on existing or
263 projected future consumptive uses.
264 (4) For an Outstanding Florida Spring without an adopted
265 recovery or prevention strategy, when a district or the
266 department determines the spring has fallen below, or is
267 projected within 20 years to fall below the adopted minimum flow
268 or minimum water level, a water management district, pursuant to
269 paragraph (1)(a), or the department, pursuant to paragraph
270 (1)(b), shall expeditiously adopt a recovery or prevention
271 strategy.
272 (5) The recovery or prevention strategy for each
273 Outstanding Florida Spring must include, at a minimum:
274 (a) A listing of all specific projects identified for
275 implementation of a recovery or prevention strategy.
276 (b) A priority listing of each project.
277 (c) The estimated cost for each listed project.
278 (d) For each listed project, the estimated date of
279 completion.
280 (e) The source and amount of financial assistance to be
281 made available by the water management district for each listed
282 project, which may not be less than 25 percent of the total
283 project cost unless a specific funding source or sources are
284 identified which will provide more than 75 percent of the total
285 project cost. The Northwest Florida Water Management District
286 and the Suwannee River Water Management District are not
287 required to provide matching funds pursuant to this paragraph.
288 (f) An estimate of each listed project’s benefit to an
289 Outstanding Florida Spring.
290 (g) A map and legal descriptions depicting the spring
291 protection and management zones established pursuant to s.
292 373.803.
293 (h) An implementation plan to achieve the adopted minimum
294 flow and minimum water level within 15 years after the adoption
295 of a recovery or prevention strategy. The plan must include
296 measureable interim milestones to be achieved within 5 and 10
297 years to achieve the adopted minimum flow and minimum water
298 level.
299 (6) A local government may apply for an extension of up to
300 5 years from the department for any project in an adopted
301 recovery or prevention strategy. The department may grant the
302 extension if the local government provides sufficient evidence
303 to the department that an extension is in the best interest of
304 the public. For a local government in a rural area of critical
305 economic concern, as defined in s. 288.0656, the department may
306 grant an extension of up to 10 years.
307 Section 8. Section 373.807, Florida Statutes, is created to
308 read:
309 373.807 Protection of water quality in Outstanding Florida
310 Springs.—By July 1, 2014, the department shall initiate
311 assessment, pursuant to 403.067(3), of each Outstanding Florida
312 Spring for which an impairment determination has not been made
313 under the numeric nutrient standards in effect for spring vents.
314 Assessments must be completed by July 1, 2017.
315 (1)(a) Simultaneously with the adoption of a nutrient total
316 maximum daily load for an Outstanding Florida Spring, the
317 department, or the department in conjunction with a water
318 management district, shall initiate development of a basin
319 management action plan, as specified in s. 403.067. For an
320 Outstanding Florida Spring with a nutrient total maximum daily
321 load adopted prior to July 1, 2014, the department, or the
322 department in conjunction with a water management district,
323 shall initiate development of a basin management action plan by
324 July 1, 2014. During the development of a basin management
325 action plan, if the department identifies onsite sewage
326 treatment and disposal systems as nonpoint sources of nutrient
327 pollution that need addressing within a local government
328 jurisdiction, the department shall notify the local government
329 within 30 days, which shall develop an onsite sewage treatment
330 and disposal system remediation plan pursuant to subsection (3)
331 for inclusion in the basin management action plan.
332 (b) A basin management action plan for an Outstanding
333 Florida Spring shall be adopted within 3 years after its
334 initiation and must include, at a minimum:
335 1. A list of all specific projects identified to implement
336 a nutrient total maximum daily load.
337 2. A list of all specific projects identified in an onsite
338 sewage treatment and disposal system remediation plan, if
339 applicable.
340 3. A priority rank for each listed project.
341 4. The estimated cost for each listed project.
342 5. For each listed project, the estimated date of
343 completion.
344 6. The source and amount of financial assistance to be made
345 available by the department, a water management district, or
346 other entity for each listed project.
347 7. An estimate of each listed project’s nutrient load
348 reduction.
349 8. A map and legal descriptions depicting the spring
350 protection and management zones established pursuant to s.
351 373.803.
352 9. Identification of each point source or category of
353 nonpoint sources, including, but not limited to, urban turf
354 fertilizer, sports turf fertilizer, agricultural fertilizer,
355 onsite sewage treatment and disposal systems, wastewater
356 treatment facilities, animal wastes, and stormwater facilities.
357 An estimated allocation of the pollutant load must be provided
358 for each point source or category of nonpoint sources.
359 10. An implementation plan to achieve the adopted nutrient
360 total maximum daily load within 15 years the adoption of a basin
361 management action plan. The plan must include measureable
362 interim milestones to be achieved within 5 and 10 years to
363 achieve the adopted nutrient total maximum daily load.
364 (c) For a basin management action plan adopted before July
365 1, 2014, that addresses an Outstanding Florida Spring, the
366 department, or the department in conjunction with a water
367 management district, shall revise the plan by July 1, 2017,
368 pursuant to this section.
369 (d) Upon approval of an onsite sewage treatment and
370 disposal system remediation plan, the plan shall be deemed
371 incorporated as part of the appropriate basin management action
372 plan until such time as the basin management action plan is
373 revised pursuant to s. 403.067(7).
374 (e) A local government may apply for an extension of up to
375 5 years from the department for any project in an adopted basin
376 management action plan. The department may grant the extension
377 if the local government provides sufficient evidence to the
378 department that an extension is in the best interest of the
379 public. For a local government in a rural area of critical
380 economic concern, as defined in s. 288.0656, the department may
381 grant an extension of up to 10 years.
382 (2) Within 6 months of the delineation of a spring
383 protection and management zone or zones of an Outstanding
384 Florida Spring that is fully or partially within the
385 jurisdiction of a local government, a local government must
386 develop, enact, and implement an ordinance that meets or exceeds
387 the requirements of the department’s Model Ordinance for
388 Florida-Friendly Fertilizer Use on Urban Landscapes. Such
389 ordinance must require that, within a spring protection and
390 management zone of an Outstanding Florida Spring with an adopted
391 nutrient total maximum daily load, the nitrogen application rate
392 of any fertilizer applied to turf or landscape plants may not
393 exceed the lowest, basic maintenance rate of the most recent
394 recommendations by the Institute of Food and Agricultural
395 Sciences. The department shall adopt rules to implement this
396 paragraph which establish reasonable minimum standards and
397 reflect advancements or improvements regarding nutrient load
398 reductions.
399 (3) By July 1, 2016, the department, in conjunction with
400 the Department of Health and local governments, must identify
401 onsite sewage treatment and disposal systems within each spring
402 protection and management zone. Within 60 days after the
403 department’s completion of the identification of these systems,
404 the department shall provide the location of these systems to
405 the local governments in which they are located. If notified by
406 the department pursuant to subsection (1), the local government,
407 in consultation with the department, shall develop an onsite
408 sewage treatment and disposal system remediation plan within 12
409 months of notification by the department. For each onsite sewage
410 treatment and disposal system or group of systems, the plan must
411 include whether the systems require upgrading, connection to a
412 central sewerage system, or no action. The plan must also
413 include a priority ranking for each system or group of systems
414 that require remediation. Each remediation plan must be
415 submitted to the department for approval.
416 (a) In reviewing and approving the remediation plans, the
417 department shall consider, at a minimum:
418 1. The density of onsite sewage treatment and disposal
419 systems.
420 2. The number of onsite sewage treatment and disposal
421 systems.
422 3. The proximity of the onsite sewage treatment and
423 disposal system or systems to an Outstanding Florida Spring
424 4. The estimated nutrient loading of the onsite sewage
425 treatment and disposal system or systems.
426 5. The cost of the proposed remedial action.
427 (b) Prior to submitting an onsite sewage treatment and
428 disposal system remediation plan to the department, the local
429 government shall hold at least one public meeting to provide the
430 public an opportunity to comment on the plan. The approval of an
431 onsite sewage treatment and disposal system remediation plan by
432 the department constitutes a final agency action.
433 (c) If a local government does not substantially comply
434 with this subsection, it may be ineligible for funding pursuant
435 to s. 373.809.
436 (4) With respect to implementation of an onsite sewage
437 treatment and disposal system remediation plan, a property owner
438 with an onsite sewage treatment and disposal system identified
439 by the plan may not be required to pay any of the costs of a
440 system inspection or for upgrading a system, or connection fees
441 for connection to a sanitary sewer system. This subsection does
442 not apply to local government programs in existence before July
443 1, 2014, that are inconsistent with this subsection.
444 Section 9. Section 373.809, Florida Statutes, is created to
445 read:
446 373.809 Funding for the restoration and preservation of
447 Outstanding Florida Springs.—
448 (1) By December 31, 2014, the department shall adopt rules
449 to fund pilot projects that test the effectiveness of innovative
450 or existing nutrient reduction or water conservation
451 technologies or practices designed to minimize nutrient
452 pollution in the springs of this state. The department may
453 approve funding for pilot projects each funding cycle if the
454 department determines that the pilot project will not be harmful
455 to the ecological resources in the study area.
456 (2) By December 31, 2014, the department shall adopt rules
457 to evaluate, rank, and select projects eligible for funding
458 under this part or land acquisition pursuant to s.
459 201.15(1)(c)3.b. In developing these rules, the department shall
460 give preference to the projects that will result in the greatest
461 improvement to water quality and water quantity for the dollars
462 to be expended for the project. At a minimum, the department
463 shall consider:
464 (a) The level of nutrient impairment of the Outstanding
465 Florida Spring in which the project is located.
466 (b) The quantity of pollutants, particularly total
467 nitrogen, the project is estimated to remove from an Outstanding
468 Florida Spring with an adopted nutrient total maximum daily
469 load.
470 (c) The flow necessary to restore the Outstanding Florida
471 Spring to its adopted minimum flow or minimum water level.
472 (d) The anticipated impact the project will have on
473 restoring or increasing water flow or water level.
474 (e) The amount of matching funds for the project that will
475 be provided by the entities responsible for implementing the
476 project.
477 (f) Whether the project is located in a rural area of
478 critical economic concern, as defined in s. 288.0656, with
479 preference given to the local government responsible for
480 implementing the project.
481 (g) For multiple-year projects, whether the project has
482 funding sources that are identified and assured through the
483 expected completion date of the project.
484 (h) The cost of the project and the length of time it will
485 take to complete relative to its expected benefits.
486 (i) Whether the entities responsible for implementing the
487 project, since July 1, 2009, have used their own funds for
488 projects to improve water quality or conserve water use within a
489 springshed or spring protection and management zone of an
490 Outstanding Florida Spring, with preference given to those
491 entities that have expended such funds.
492 Section 10. Section 373.811, Florida Statutes, is created
493 to read:
494 373.811 Prohibited activities within a spring protection
495 and management zone of an Outstanding Florida Spring.—The
496 following activities are prohibited within a spring protection
497 and management zone of an Outstanding Florida Spring:
498 (1) New municipal or industrial wastewater disposal
499 facilities, including rapid infiltration basins, with permitted
500 capacities of 100,000 gallons per day or more, except for those
501 facilities that meet an advanced wastewater treatment standard
502 of no more than 3 mg/L Total Nitrogen, expressed as N, on an
503 annual permitted basis, or a higher treatment standard if the
504 department determines the higher standard is necessary to
505 prevent impairment or aid in the recovery of an Outstanding
506 Florida Spring.
507 (2) New onsite sewage treatment and disposal systems on
508 lots less than 1 acre, except for passive nitrogen removing
509 onsite sewage treatment and disposal systems approved by the
510 Department of Health. This subsection does not take effect until
511 6 months after the Department of Health has approved such a
512 system for use.
513 (3) New facilities for the disposal of hazardous waste.
514 (4) The land application of Class A or B domestic
515 wastewater biosolids or septage.
516 (5) New agriculture operations that do not implement best
517 management practices, measures necessary to achieve pollution
518 reduction levels established by the department, or a groundwater
519 monitoring plan approved by a water management district or the
520 department.
521 Section 11. Section 373.813, Florida Statutes, is created
522 to read:
523 373.813 Rules.—
524 (1) The department shall adopt rules to create a program to
525 improve water quantity and water quality pursuant to ss.
526 120.536(1) and 120.54 to administer this part, as applicable. In
527 developing rules to administer s. 373.809, the department shall
528 use the Total Maximum Daily Load Water Quality Restoration
529 Grants rule as guidance to develop a comparable program for the
530 restoration and protection of the water quality and water
531 quantity for Outstanding Florida Springs.
532 (2) The Department of Health, the Department of Agriculture
533 and Consumer Services, and the water management districts may
534 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
535 this part, as applicable.
536 (3)(a) The Department of Agriculture and Consumer Services
537 is the lead agency coordinating the reduction of agricultural
538 nonpoint sources of pollution for the protection of Outstanding
539 Florida Springs. The Department of Agriculture and Consumer
540 Services and the department, pursuant to s. 403.067(7)(c)4.,
541 shall study new or revised best management practices for
542 improving and protecting Outstanding Florida Springs and, if
543 necessary, in cooperation with applicable local governments and
544 stakeholders, initiate rulemaking to require the implementation
545 of such practices within a reasonable time period.
546 (b) The department, the Department of Agriculture and
547 Consumer Services, and the University of Florida’s Institute of
548 Food and Agricultural Sciences shall cooperate in conducting the
549 necessary research and demonstration projects to develop
550 improved or additional nutrient management tools, including the
551 use of controlled release fertilizer that can be used by
552 agricultural producers as part of an agricultural best
553 management practices program. The development of such tools must
554 reflect a balance between water quality improvement and
555 agricultural productivity and, when applicable, must be
556 incorporated into the revised best management practices adopted
557 by rule of the Department of Agriculture and Consumer Services.
558 Section 12. Section 373.815, Florida Statutes, is created
559 to read:
560 373.815 Reports.—By July 1, 2015, and annually thereafter
561 on July 1, the department, in conjunction with the water
562 management districts, shall submit progress reports to the
563 Governor, President of the Senate, and Speaker of the House of
564 Representatives on the status of each total maximum daily load,
565 basin management action plan, minimum flow and minimum water
566 level, and recovery or prevention strategy adopted pursuant to
567 this part. The report must include the status of each project
568 identified to achieve a total maximum daily load and a minimum
569 flow and minimum water level, as applicable. If a report
570 indicates that any of the interim 5 or 10 year milestones, or
571 the 15 year deadline will not be met, the report must include
572 specific corrective actions that will be taken to achieve these
573 milestones and deadlines, and, if necessary, executive and
574 legislative recommendations.
575 Section 13. For the 2014-15 fiscal year, funding for the
576 Florida Springs and Aquifer Protection Act is provided in
577 Specific Appropriations 1645 and 1390 in Senate Bill 2500, House
578 Bill 5001, or similar legislation becoming law. Funding and
579 implementation of this act for subsequent fiscal years shall be
580 determined annually by the Legislature and provided in the
581 General Appropriations Act.
582 Section 14. This act shall take effect July 1, 2014.