Florida Senate - 2020                                     SB 638
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00560A-20                                            2020638__
    1                        A bill to be entitled                      
    2         An act relating to the Apalachicola Environmental
    3         Stewardship Act; providing a short title; amending s.
    4         259.105, F.S.; appropriating a sum annually for a
    5         specified timeframe from the Florida Forever Fund to
    6         the Apalachicola Area of Critical State Concern for
    7         specified purposes; amending s. 380.0555, F.S.;
    8         renaming the Apalachicola Bay Area of Critical State
    9         Concern as the Apalachicola Area of Critical State
   10         Concern; deleting obsolete language; making technical
   11         changes; providing additional principles for guiding
   12         development within the Apalachicola Area of Critical
   13         State Concern to include projects that protect and
   14         improve water quality; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be referred to as “The Apalachicola
   19  Environmental Stewardship Act.”
   20         Section 2. Paragraph (b) of subsection (3) of section
   21  259.105, Florida Statutes, is amended to read:
   22         259.105 The Florida Forever Act.—
   23         (3) Less the costs of issuing and the costs of funding
   24  reserve accounts and other costs associated with bonds, the
   25  proceeds of cash payments or bonds issued pursuant to this
   26  section shall be deposited into the Florida Forever Trust Fund
   27  created by s. 259.1051. The proceeds shall be distributed by the
   28  Department of Environmental Protection in the following manner:
   29         (b) Thirty-five percent to the Department of Environmental
   30  Protection for the acquisition of lands and capital project
   31  expenditures described in this section. Of the proceeds
   32  distributed pursuant to this paragraph, it is the intent of the
   33  Legislature that an increased priority be given to those
   34  acquisitions which achieve a combination of conservation goals,
   35  including protecting Florida’s water resources and natural
   36  groundwater recharge.
   37         1. At a minimum, 3 percent, and no more than 10 percent, of
   38  the funds allocated pursuant to this paragraph shall be spent on
   39  capital project expenditures identified during the time of
   40  acquisition which meet land management planning activities
   41  necessary for public access.
   42         2. Beginning in the 2017-2018 fiscal year and continuing
   43  through the 2026-2027 fiscal year, at least $5 million of the
   44  funds allocated pursuant to this paragraph shall be spent on
   45  land acquisition within the Florida Keys Area of Critical State
   46  Concern as authorized pursuant to s. 259.045.
   47         3.Beginning in the 2020-2021 fiscal year and continuing
   48  through the 2024-2025 fiscal year, at least $12 million of the
   49  funds allocated pursuant to this paragraph shall be spent on
   50  land acquisition and projects that improve surface water and
   51  groundwater quality in the Apalachicola River and in
   52  Apalachicola Bay within the Apalachicola Area of Critical State
   53  Concern as authorized pursuant to s. 380.0555, including the
   54  construction and replacement of stormwater management facilities
   55  and central sewage collection facilities, installation of onsite
   56  sewage treatment and disposal systems, direct and indirect
   57  potable reuse, other water quality and water supply projects,
   58  and land acquisition projects that protect water quality.
   59         a.Priority must be given to land acquisitions that achieve
   60  a combination of conservation goals, including protecting and
   61  preserving fisheries and wildlife habitats, recreational spaces,
   62  nearshore water quality, surface water resources, and
   63  groundwater recharge.
   64         b.At least 3 percent but not more than 10 percent of the
   65  funds allocated for land acquisition shall be spent on projects
   66  and activities identified during the time of acquisition,
   67  including land management, increased public access and
   68  recreational opportunities, and greenways.
   69         Section 3. Section 380.0555, Florida Statutes, is amended
   70  to read:
   71         380.0555 Apalachicola Bay Area; protection and designation
   72  as area of critical state concern.—
   73         (1) SHORT TITLE.—This act shall be known and cited as the
   74  “Apalachicola Bay Area Protection Act.”
   75         (2) LEGISLATIVE INTENT.—It is hereby declared that the
   76  intent of the Legislature is:
   77         (a) To protect the water quality of the Apalachicola Bay
   78  Area to ensure a healthy environment and a thriving economy for
   79  the residents of the area and the state.
   80         (b) To financially assist Franklin County and its
   81  municipalities in upgrading and expanding their sewerage
   82  systems.
   83         (c) To protect the Apalachicola Bay Area’s natural and
   84  economic resources by implementing and enforcing comprehensive
   85  plans and land development regulations.
   86         (d) To assist Franklin County and its municipalities with
   87  technical and advisory assistance in formulating additional land
   88  development regulations and modifications to comprehensive
   89  plans.
   90         (e) To monitor activities within the Apalachicola Bay Area
   91  to ensure the long-term protection of all the area’s resources.
   92         (f) To promote a broad base of economic growth which is
   93  compatible with the protection and conservation of the natural
   94  resources of the Apalachicola Bay Area.
   95         (g) To educate the residents of the Apalachicola Bay Area
   96  in order to protect and preserve its natural resources.
   97         (h) To provide affordable housing in close proximity to
   98  places of employment in the Apalachicola Bay Area.
   99         (i) To protect and improve the water quality of the
  100  Apalachicola Bay Area through federal, state, and local funding
  101  of water quality improvement projects, including the
  102  construction and operation of wastewater management facilities
  103  that meet state requirements.
  104         (3) DESIGNATION.—Franklin County, as described in s. 7.19,
  105  less all federally owned lands, less all lands lying east of the
  106  line formed by the eastern boundary of State Road 319 running
  107  from the Ochlockonee River to the intersection of State Road 319
  108  and State Road 98 and thence due south to the Gulf of Mexico,
  109  and less any lands removed under subsection (4), is hereby
  110  designated an area of critical state concern on June 18, 1985.
  111  State road, for the purpose of this section, shall be defined as
  112  in s. 334.03. For the purposes of this act, this area shall be
  113  known as the Apalachicola Bay Area.
  114         (4) REMOVAL OF DESIGNATION.—The state land planning agency
  115  may recommend to the Administration Commission the removal of
  116  the designation from all or part of the area specified in
  117  subsection (3), if it determines that all local land development
  118  regulations and local comprehensive plans and the administration
  119  of such regulations and plans are adequate to protect the
  120  Apalachicola Bay Area, continue to carry out the legislative
  121  intent set forth in subsection (2), and are in compliance with
  122  the principles for guiding development set forth in subsection
  123  (7). If the Administration Commission concurs with the
  124  recommendations of the state land planning agency to remove any
  125  area from the designation, it shall, within 45 days after
  126  receipt of the recommendation, initiate rulemaking to remove the
  127  designation. The state land planning agency shall make
  128  recommendations to the Administration Commission annually.
  129         (5) APPLICATION OF CHAPTER 380 PROVISIONS.—Section
  130  380.05(1)-(5), (8), (9), (12), (15), (17), and (21), does shall
  131  not apply to the area designated by this act for so long as the
  132  designation remains in effect. Except as otherwise provided in
  133  this act, s. 380.045 does shall not apply to the area designated
  134  by this act. All other provisions of this chapter shall apply,
  135  including ss. 380.07 and 380.11, except that the “local
  136  development regulations” in s. 380.05(13) shall include the
  137  regulations set forth in subsection (8) for purposes of s.
  138  380.05(13), and the plan or plans submitted pursuant to s.
  139  380.05(14) shall be submitted no later than February 1, 1986.
  140  All or part of the area designated by this act may be
  141  redesignated pursuant to s. 380.05 as if it had been initially
  142  designated pursuant to that section.
  143         (6) VESTED RIGHTS OF DEVELOPER.—If a developer has by his
  144  or her actions in reliance on prior regulations obtained vested
  145  or other legal rights including rights obtained by approval of a
  146  development of regional impact or a substantial deviation
  147  thereof pursuant to s. 380.06 that would have prevented a local
  148  government from changing those regulations in a way adverse to
  149  the developer’s interests, nothing in this act does not
  150  authorize authorizes any governmental agency to abridge those
  151  rights.
  152         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
  153  and local agencies and units of government in the Apalachicola
  154  Bay Area of Critical State Concern shall coordinate their plans
  155  and conduct their programs and regulatory activities consistent
  156  consistently with the following principles for guiding the
  157  development of the Apalachicola Area of Critical State Concern:
  158         (a) Land development shall be guided so that the basic
  159  functions and productivity of the Apalachicola Bay Area’s
  160  natural land and water systems will be conserved to reduce or
  161  avoid health, safety, and economic problems for present and
  162  future residents of the Apalachicola Bay Area.
  163         (b) Land development shall be consistent with a safe
  164  environment, adequate community facilities, a superior quality
  165  of life, and a desire to minimize environmental hazards.
  166         (c) Growth and diversification of the local economy shall
  167  be fostered only if it is consistent with protecting the natural
  168  resources of the Apalachicola Bay Area through appropriate
  169  management of the land and water systems.
  170         (d) Aquatic habitats and wildlife resources of the
  171  Apalachicola Bay Area shall be conserved and protected.
  172         (e) Water quantity shall be managed to conserve and protect
  173  the natural resources and the scenic beauty of the Apalachicola
  174  Bay Area.
  175         (f) The quality of water shall be protected, maintained,
  176  and improved for public water supplies, the propagation of
  177  aquatic life, and recreational and other uses which are
  178  consistent with these uses.
  179         (g) No wastes shall be discharged into any waters of the
  180  Apalachicola Bay Area without first being given the degree of
  181  treatment necessary to protect the water uses as set forth in
  182  paragraph (f).
  183         (h) Stormwater discharges shall be managed in order to
  184  minimize their impacts on the bay system and protect the uses as
  185  set forth in paragraph (f).
  186         (i) Coastal dune systems, specifically the area extending
  187  landward from the extreme high-tide line to the beginning of the
  188  pinelands of the Apalachicola Bay Area, shall be protected.
  189         (j) Public lands shall be managed, enhanced, and protected
  190  so that the public may continue to enjoy the traditional use of
  191  such lands.
  192         (k)Water quality shall be protected and improved by the
  193  construction, operation, maintenance, and replacement of
  194  stormwater management facilities; central sewage collection
  195  facilities; treatment and disposal facilities; the installation
  196  and proper operation and maintenance of onsite sewage treatment
  197  and disposal systems; indirect and direct potable reuse; and
  198  other water quality and water supply projects.
  199         (8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT
  200  REGULATIONS.—
  201         (a) Local governments to administer plan elements and
  202  regulations.—The following comprehensive plan elements and land
  203  development regulations shall be administered by local
  204  governments within their jurisdiction in the Apalachicola Bay
  205  Area, as part of their local comprehensive plan and land
  206  development regulations. If a local government within the
  207  Apalachicola Bay Area has a provision in its local comprehensive
  208  plan or its land development regulations which conflicts with a
  209  provision of this paragraph or has no comparable provision, the
  210  provision of this paragraph shall control.
  211         1. Comprehensive plan.—Chapter 1 of Volume I, and chapters
  212  4, 5, 7, and 9 of Volume II of the Franklin County Comprehensive
  213  Land Use Plan adopted by Ordinance No. 81-4 on June 22, 1981, by
  214  the Franklin County Board of County Commissioners and filed with
  215  the Secretary of State on June 30, 1981, are incorporated by
  216  reference and adopted herein.
  217         2. Zoning ordinances.—Ordinance No. 81-5 adopted June 22,
  218  1981, by the Franklin County Board of County Commissioners and
  219  filed with the Secretary of State on June 30, 1981, and the
  220  following amendments are incorporated by reference and adopted
  221  herein:
  222         a. Ordinance 82-4, adopted June 18, 1982, and filed with
  223  the Secretary of State on July 28, 1982.
  224         b. Ordinance 83-4, adopted July 19, 1983, and filed with
  225  the Secretary of State on July 25, 1983.
  226         c. Ordinance 83-7, adopted October 4, 1983, and filed with
  227  the Secretary of State on October 6, 1983.
  228         d. Ordinance 84-2, adopted April 24, 1984, and filed with
  229  the Secretary of State on April 27, 1984.
  230         3. Subdivision regulations.—Ordinance No. 74-1 adopted
  231  November 15, 1974, by the Franklin County Board of County
  232  Commissioners and filed with the Secretary of State on December
  233  4, 1974, and December 5, 1974, and the following amendment are
  234  incorporated by reference and adopted herein: Ordinance 79-5,
  235  filed with the Secretary of State on May 30, 1979.
  236         4. Flood plain management ordinance.—Ordinance No. 83-5
  237  adopted on July 7, 1983, by the Franklin County Board of County
  238  Commissioners and filed with the Secretary of State on July 15,
  239  1983, is incorporated by reference and adopted herein.
  240         5. Septic tank ordinance.—Ordinance 79-8 adopted on June
  241  22, 1979, by the Franklin County Board of County Commissioners
  242  and filed with the Secretary of State on June 27, 1979, is
  243  incorporated by reference and adopted herein.
  244         6. Construction; electrical connection.—Ordinance No. 73-5A
  245  adopted July 3, 1973, by the Franklin County Board of County
  246  Commissioners and filed with the Secretary of State on March 6,
  247  1981, is incorporated by reference and adopted herein.
  248         7. Alligator Point Water Resource District Act.—Ordinance
  249  No. 76-7 adopted on November 16, 1976, by the Franklin County
  250  Board of County Commissioners and filed with the Secretary of
  251  State on March 6, 1981, is incorporated by reference and adopted
  252  herein.
  253         8. Coastal area building codes.—Ordinance No. 84-1
  254  establishing building codes for coastal areas adopted by the
  255  Franklin County Board of County Commissioners on February 8,
  256  1984, and filed with the Secretary of State on February 2, 1984,
  257  is incorporated by reference and adopted herein.
  258         9. Standard building code.—Ordinance adopting the 1976
  259  Standard Building Code, Ordinance No. 83-1, adopted January 18,
  260  1983, by the Franklin County Board of County Commissioners and
  261  filed with the Secretary of State January 20, 1983, is
  262  incorporated by reference and adopted herein.
  263         10. Local planning agency.—Ordinance No. 77-6 adopted on
  264  June 21, 1977, by the Franklin County Board of County
  265  Commissioners and filed with the Secretary of State on June 22,
  266  1977, is incorporated by reference and adopted herein.
  267         11. Coastal high-hazard zones.—Ordinance No. 80-5 adopted
  268  on May 29, 1980, by the Franklin County Board of County
  269  Commissioners and filed with the Secretary of State on May 30,
  270  1980, is incorporated by reference and adopted herein.
  271         (b) Conflicting regulations.—In the event of any
  272  inconsistency between subparagraph (a)1. and subparagraphs
  273  (a)2.-11., subparagraph (a)1. shall control. Further, in the
  274  event of any inconsistency between subsection (7) and paragraph
  275  (a) of this subsection and a development order issued pursuant
  276  to s. 380.06, which has become final prior to June 18, 1985, or
  277  between subsection (7) and paragraph (a) and an amendment to a
  278  final development order, which amendment has been requested
  279  prior to April 2, 1985, the development order or amendment
  280  thereto shall control. However, any modification to paragraph
  281  (a) enacted by a local government and approved by the state land
  282  planning agency pursuant to subsection (9) may provide whether
  283  it shall control over an inconsistent provision of a development
  284  order or amendment thereto. A development order or any amendment
  285  thereto referred to in this paragraph shall not be subject to
  286  approval by the state land planning agency pursuant to
  287  subsection (9).
  288         (c) Effect of existing plans and regulations.—Legally
  289  adopted comprehensive plans and land development regulations
  290  other than those listed in this subsection shall remain in full
  291  force and effect unless inconsistent with the principles for
  292  guiding development set forth in subsection (7), the elements of
  293  the comprehensive plan listed in this subsection, or the land
  294  development regulations listed in this subsection.
  295         (d) Developments of regional impact.—A local government
  296  shall approve a development subject to the provisions of s.
  297  380.06 only if it also complies with the provisions of this
  298  subsection.
  299         (9) MODIFICATION TO PLANS AND REGULATIONS.—Any land
  300  development regulation or element of a local comprehensive plan
  301  in the Apalachicola Bay Area may be enacted, amended, or
  302  rescinded by a local government, but the enactment, amendment,
  303  or rescission becomes effective only upon the approval thereof
  304  by the state land planning agency. The state land planning
  305  agency shall review the proposed change to determine if it
  306  complies with the principles for guiding development specified
  307  in subsection (7) and must approve or reject the requested
  308  change as provided in s. 380.05. Further, the state land
  309  planning agency, after consulting with the appropriate local
  310  government, may, from time to time, recommend the enactment,
  311  amendment, or rescission of a land development regulation or
  312  element of a comprehensive plan. Within 45 days following the
  313  receipt of such recommendation by the state land planning agency
  314  or enactment, amendment, or rescission by a local government the
  315  commission shall reject the recommendation, enactment,
  316  amendment, or rescission or accept it with or without
  317  modification and adopt, by rule, any changes. Any such local
  318  land development regulation or comprehensive plan or part of
  319  such regulation or plan may be adopted by the commission if it
  320  finds that it is in compliance with the principles for guiding
  321  development.
  322         (10) REQUIREMENTS; LOCAL GOVERNMENTS.—
  323         (a) As used in this subsection:
  324         1. “Alternative onsite system” means any approved onsite
  325  disposal system used in lieu of a standard subsurface system.
  326         2. “Critical shoreline zone” means all land within a
  327  distance of 150 feet landward of the mean high-water line in
  328  tidal areas, the ordinary high-water line in nontidal areas, or
  329  the inland wetland areas existing along the streams, lakes,
  330  rivers, bays, and sounds within the Apalachicola Bay Area.
  331         3. “Pollution-sensitive segment of the critical shoreline”
  332  means an area which, due to its proximity to highly sensitive
  333  resources, including, but not limited to, productive shellfish
  334  beds and nursery areas, requires special regulatory attention.
  335         4. “Low-income family” means a group of persons residing
  336  together whose combined income does not exceed 200 percent of
  337  the 1985 Poverty Income Guidelines for all states and the
  338  District of Columbia, promulgated by the United States
  339  Department of Health and Human Services, as published in Volume
  340  50, No. 46 of the Federal Register, pages 9517-18. Income shall
  341  be as defined in said guidelines.
  342         (b) Franklin County and the municipalities within it shall,
  343  within 60 days after a sewerage system is available for use,
  344  notify all owners and users of onsite sewage disposal systems of
  345  the availability of such a system and that connection is
  346  required within 180 days of the notice. Failure to connect to an
  347  available system within the time prescribed shall be a
  348  misdemeanor of the second degree, punishable as provided in ss.
  349  775.082 and 775.083. Further, Franklin County and the
  350  municipalities within it shall have the right to make the
  351  connection if it is not made within the prescribed time and to
  352  assess the owner of the real property on which the connection is
  353  made for the cost of such connection. Such assessments shall be
  354  levied according to law and shall become a lien against the real
  355  property, enforced according to law. Franklin County and the
  356  municipalities within it shall develop a program and implement
  357  ordinances to make available to low-income families the sewer
  358  services available upon completion of the proposed sewer
  359  projects being funded by this act.
  360         (c)1. The Department of Health shall survey all septic tank
  361  soil-absorption systems in the Apalachicola Bay Area to
  362  determine their suitability as onsite sewage treatment systems.
  363  Within 6 months from June 18, 1985, Franklin County and the
  364  municipalities within it, after consultation with the Department
  365  of Health and the Department of Environmental Protection, shall
  366  develop a program designed to correct any onsite sewage
  367  treatment systems that might endanger the water quality of the
  368  bay.
  369         2. Franklin County and the municipalities within it shall,
  370  within 9 months from June 18, 1985, enact by ordinance
  371  procedures implementing this program. These procedures shall
  372  include notification to owners of unacceptable septic tanks and
  373  procedures for correcting unacceptable septic tanks. These
  374  ordinances shall not be effective until approved by the
  375  Department of Health and the Department of Environmental
  376  Protection.
  377         (d) Franklin County and the municipalities within it shall,
  378  within 12 months from June 18, 1985, establish by ordinance a
  379  map of “pollution-sensitive segments of the critical shoreline”
  380  within the Apalachicola Bay Area, which ordinance shall not be
  381  effective until approved by the Department of Health and the
  382  Department of Environmental Protection. Franklin County and the
  383  municipalities within it, after the effective date of these
  384  ordinances, shall no longer grant permits for onsite wastewater
  385  disposal systems in pollution-sensitive segments of the critical
  386  shoreline, except for those onsite wastewater systems that will
  387  not degrade water quality in the river or bay. These ordinances
  388  shall not become effective until approved by the resource
  389  planning and management committee. Until such ordinances become
  390  effective, the Franklin County Health Department shall not give
  391  a favorable recommendation to the granting of a septic tank
  392  variance pursuant to section (1) of Ordinance 79-8, adopted on
  393  June 22, 1979, by the Franklin County Board of County
  394  Commissioners and filed with the Secretary of State on June 27,
  395  1979, or issue a permit for a septic tank or alternative waste
  396  disposal system pursuant to Ordinance 81-5, adopted on June 22,
  397  1981, by the Franklin County Board of County Commissioners and
  398  filed with the Secretary of State on June 30, 1981, as amended
  399  as set forth in subparagraph (8)(a)2., unless the Franklin
  400  County Health Department certifies, in writing, that the use of
  401  such system will be consistent with paragraph (7)(f) and
  402  subsection (8).
  403         (e) Franklin County and the municipalities within it shall,
  404  within 9 months from June 18, 1985, enact land development
  405  regulations to protect the Apalachicola Bay Area from stormwater
  406  pollution, including provisions for development approval, before
  407  the issuance of building permits pursuant to chapter 17-25,
  408  Florida Administrative Code, Franklin County and the
  409  municipalities within it shall, within 90 days following the
  410  above deadline, survey existing stormwater management systems
  411  and discharges to determine their effect on the bay and develop
  412  a comprehensive stormwater management plan to minimize such
  413  effects. The plan will include recommendations and financing
  414  options for the retrofitting of existing systems. Franklin
  415  County and the municipalities within it shall, as part of an
  416  overall stormwater management program, inform its citizens about
  417  stormwater, its relationship to land use, and its effect upon
  418  the resources of the Apalachicola Bay Area.
  419         (f) Franklin County and the municipalities within it shall,
  420  beginning 12 months from June 18, 1985, prepare semiannual
  421  reports on the implementation of paragraphs (b)-(e) on the
  422  environmental status of the Apalachicola Bay Area. The state
  423  land planning agency may prescribe additional detailed
  424  information required to be reported. Each report shall be
  425  delivered to the resource planning and management committee and
  426  the state land planning agency for review and recommendations.
  427  The state land planning agency shall review each report and
  428  consider such reports when making recommendations to the
  429  Administration Commission pursuant to subsection (9).
  430         Section 4. This act shall take effect July 1, 2020.