Florida Senate - 2017 SB 1378
By Senator Perry
1 A bill to be entitled
2 An act relating to stormwater management; amending s.
3 403.0891, F.S.; requiring that all local government
4 stormwater management plans and programs incorporate
5 the best management practices adopted by the
6 Department of Environmental Protection and other local
7 stormwater management measures; specifying that
8 applications for development approval which implement
9 the best practices are presumed to be in compliance
10 with certain local government water quality standards;
11 prohibiting local governments from adopting or
12 enforcing more stringent water quality standards for
13 stormwater discharges to surface waters, wetlands, or
14 groundwater; exempting local governments that adopted
15 more stringent standards before a specified date;
16 providing an effective date.
18 Be It Enacted by the Legislature of the State of Florida:
20 Section 1. Subsection (3) of section 403.0891, Florida
21 Statutes, is amended to read:
22 403.0891 State, regional, and local stormwater management
23 plans and programs.—The department, the water management
24 districts, and local governments shall have the responsibility
25 for the development of mutually compatible stormwater management
27 (3)(a) Each local government required by chapter 163 to
28 submit a comprehensive plan, whose plan is submitted after July
29 1, 1992, and the others when updated after July 1, 1992, in the
30 development of its stormwater management program described by
31 elements within its comprehensive plan shall consider the water
32 resource implementation rule, district stormwater management
33 goals, plans approved pursuant to the Surface Water Improvement
34 and Management Act, ss. 373.451-373.4595, and technical
35 assistance information provided by the water management
36 districts pursuant to s. 373.711. All local government
37 stormwater management plans and programs, including, but not
38 limited to, those adopted by local law, must include the best
39 management practices adopted by the department pursuant to s.
40 403.067(7)(c) and any other local stormwater management measures
41 adopted by rule pursuant to this chapter.
42 (b) Any application submitted by a developer that
43 implements the best management practices adopted by the
44 department is presumed to be in compliance with local government
45 water quality standards governing indirect or direct stormwater
46 discharges to surface waters, wetlands, or groundwater.
47 “Developer” has the same meaning as provided in s. 163.3164 and
48 “development” has the same meaning as provided in s. 380.04.
49 (c) A county, municipality, or political subdivision may
50 not adopt or enforce any local law requiring more stringent
51 water quality standards for stormwater discharges to surface
52 waters, wetlands, or groundwater than the water quality
53 standards established pursuant to this chapter. This paragraph
54 applies to any county, municipality, or political subdivision
55 that has not adopted, by January 1, 2017, more stringent water
56 quality standards for stormwater discharges to surface waters,
57 wetlands, or groundwater than the water quality standards
58 established pursuant to this chapter.
(b) In addition to the requirements of paragraph (a),
60 local governments are encouraged to consult with the water
61 management districts, the Department of Transportation, and the
62 department before adopting or updating their local government
63 comprehensive plan or public facilities report as required by s.
64 189.08, whichever is applicable.
65 Section 2. This act shall take effect July 1, 2017.