CS for CS for SB 712                             First Engrossed
       
       
       
       
       
       
       
       
       2020712e1
       
    1                        A bill to be entitled                      
    2         An act relating to environmental resource management;
    3         providing a short title; requiring the Department of
    4         Health to provide a specified report to the Governor
    5         and the Legislature by a specified date; requiring the
    6         Department of Health and the Department of
    7         Environmental Protection to submit to the Governor and
    8         the Legislature, by a specified date, certain
    9         recommendations relating to the transfer of the Onsite
   10         Sewage Program; requiring the departments to enter
   11         into an interagency agreement that meets certain
   12         requirements by a specified date; transferring the
   13         Onsite Sewage Program within the Department of Health
   14         to the Department of Environmental Protection by a
   15         type two transfer by a specified date; providing that
   16         certain employees retain and transfer certain types of
   17         leave upon the transfer; amending s. 373.036, F.S.;
   18         directing water management districts to submit
   19         consolidated annual reports to the Office of Economic
   20         and Demographic Research; requiring such reports to
   21         include connection and conversion projects for onsite
   22         sewage treatment and disposal systems; requiring the
   23         Department of Environmental Protection, in
   24         coordination with the water management districts, to
   25         conduct a study on the bottled water industry in this
   26         state; providing requirements for the study; requiring
   27         the department to submit a report containing the
   28         findings of the study to the Governor and the
   29         Legislature by a specified date; defining terms;
   30         amending s. 373.4131, F.S.; requiring the Department
   31         of Environmental Protection to include stormwater
   32         structural control inspections as part of its regular
   33         staff training; requiring the department and the water
   34         management districts to adopt rules regarding
   35         stormwater design and operation regulations by a
   36         specified date and address specified information as
   37         part of such rule development; requiring the
   38         department to review and evaluate data relating to
   39         self-certification and provide the Legislature with
   40         recommendations for improvements; amending s.
   41         381.0065, F.S.; requiring the department to implement
   42         an approval process for the use of specified nutrient
   43         reducing onsite sewage treatment and disposal systems
   44         by a specified date; defining the term “department”
   45         for the regulation of onsite sewage treatment and
   46         disposal systems; revising the duties of the
   47         department; requiring the Department of Environmental
   48         Protection to adopt rules relating to the location of
   49         onsite sewage treatment and disposal systems and
   50         complete such rulemaking by a specified date;
   51         providing requirements for such rules; requiring the
   52         department to determine that a hardship exists for
   53         certain variance applicants; providing that certain
   54         provisions relating to existing setback requirements
   55         are applicable to permits only until the effective
   56         date of certain rules adopted by the department;
   57         removing provisions requiring certain onsite sewage
   58         treatment and disposal system research projects to be
   59         approved by a Department of Health technical review
   60         and advisory panel; removing provisions prohibiting
   61         the award of research projects to certain entities;
   62         removing provisions establishing a Department of
   63         Health onsite sewage treatment and disposal system
   64         research review and advisory committee; conforming
   65         provisions to changes made by the act; creating s.
   66         381.00652, F.S.; defining the term “department”;
   67         creating the onsite sewage treatment and disposal
   68         systems technical advisory committee within the
   69         Department of Environmental Protection; authorizing
   70         the department, in consultation with the Department of
   71         Health, to appoint an onsite sewage treatment and
   72         disposal systems technical advisory committee;
   73         providing for committee purpose, membership, and
   74         expiration; requiring the committee to submit its
   75         recommendations to the Governor and Legislature;
   76         providing for the expiration of the committee;
   77         repealing s. 381.0068, F.S., relating to the
   78         Department of Health onsite sewage treatment and
   79         disposal systems technical review and advisory panel;
   80         amending s. 403.061, F.S.; requiring the department to
   81         adopt rules relating to domestic wastewater collection
   82         and transmission system pipe leakages and inflow and
   83         infiltration; requiring the department to adopt rules
   84         to require public utilities or their affiliated
   85         companies holding, applying for, or renewing a
   86         domestic wastewater discharge permit to file certain
   87         annual reports and data with the department; creating
   88         s. 403.0616, F.S.; requiring the department, subject
   89         to legislative appropriation, to establish a real-time
   90         water quality monitoring program; encouraging the
   91         formation of public-private partnerships; amending s.
   92         403.064, F.S.; requiring the Department of
   93         Environmental Protection to initiate rule revisions
   94         based on certain potable reuse recommendations by a
   95         specified date; providing requirements for such rules;
   96         providing that reclaimed water is deemed a water
   97         source for public water supply systems; amending s.
   98         403.067, F.S.; requiring basin management action plans
   99         for nutrient total maximum daily loads to include
  100         wastewater treatment and onsite sewage treatment and
  101         disposal system remediation plans that meet certain
  102         requirements; requiring the Department of Agriculture
  103         and Consumer Services to collect fertilizer
  104         application records from certain agricultural
  105         producers and provide the information to the
  106         department annually by a specified date; requiring the
  107         Department of Agriculture and Consumer Services to
  108         perform onsite inspections of the agricultural
  109         producers at specified intervals; providing for
  110         prioritization of such inspections; requiring certain
  111         basin management action plans to include cooperative
  112         agricultural regional water quality improvement
  113         elements; requiring the Department of Agriculture and
  114         Consumer Services, in cooperation with specified
  115         entities, to annually develop research plans and
  116         legislative budget requests relating to best
  117         management practices by a specified date; requiring
  118         such entities to submit such plans to the Department
  119         of Environmental Protection and the Department of
  120         Agriculture and Consumer Services by a specific date;
  121         requiring the Department of Environmental Protection
  122         to work with specified entities to consider the
  123         adoption of best management practices for nutrient
  124         impacts from golf courses; creating s. 403.0671, F.S.;
  125         directing the Department of Environmental Protection,
  126         in coordination with specified entities, to submit
  127         reports regarding wastewater projects identified in
  128         the basin management action plans to the Governor and
  129         the Legislature and to submit certain wastewater
  130         project cost estimates to the Office of Economic and
  131         Demographic Research by specified dates; creating s.
  132         403.0673, F.S.; establishing a wastewater grant
  133         program within the Department of Environmental
  134         Protection; authorizing the department to distribute
  135         appropriated funds for certain projects; providing
  136         requirements for the distribution; requiring the
  137         department to coordinate with each water management
  138         district to identify grant recipients; requiring an
  139         annual report to the Governor and Legislature by a
  140         specified date; creating s. 403.0855, F.S.; providing
  141         legislative findings regarding the regulation of
  142         biosolids management in this state; requiring the
  143         department to adopt rules for biosolids management;
  144         providing that such rules are not effective until
  145         ratified by the Legislature; providing permitting
  146         requirements for biosolids land application sites and
  147         facilities; requiring biosolids application sites and
  148         facilities to be enrolled in a specified best
  149         management practices program or be within a specified
  150         agricultural operation; providing requirements for the
  151         land application of biosolids; providing a definition;
  152         authorizing the enforcement or extension of certain
  153         local government regulations relating to the land
  154         application of biosolids until such regulations are
  155         repealed; amending s. 403.086, F.S.; prohibiting
  156         sewage disposal facilities from disposing waste into
  157         the Indian River Lagoon beginning on a specified date
  158         without certain advanced waste treatment; directing
  159         the Department of Environmental Protection, in
  160         consultation with specified entities, to submit a
  161         report to the Governor and the Legislature by a
  162         specified date; requiring sewage disposal facilities
  163         to have a power outage contingency plan, to take steps
  164         to prevent overflows and leaks and ensure that the
  165         wastewater reaches the facility for appropriate
  166         treatment, and to provide the Department of
  167         Environmental Protection with certain information;
  168         requiring the department to adopt rules; limiting the
  169         scope of such rules; authorizing utilities and
  170         operating entities to consolidate certain reports;
  171         providing that specified compliance is evidence in
  172         mitigation for assessment of certain penalties;
  173         amending s. 403.087, F.S.; requiring the department to
  174         issue operation permits for certain domestic
  175         wastewater treatment facilities under certain
  176         circumstances; amending s. 403.088, F.S.; revising the
  177         permit conditions for a water pollution operation
  178         permit; requiring permittees to submit annual reports
  179         to the department; requiring the department to submit
  180         an annual report identifying all domestic wastewater
  181         treatment facilities that experienced sanitary sewer
  182         overflows to the Governor and the Legislature by a
  183         specified date; amending s. 403.0891, F.S.; requiring
  184         model stormwater management programs to contain model
  185         ordinances for nutrient reduction practices and green
  186         infrastructure; amending s. 403.121, F.S.; revising
  187         administrative penalties for violations of ch. 403,
  188         F.S.; amending ss. 403.1835 and 403.1838, F.S.;
  189         requiring the Department of Environmental Protection
  190         to give funding priority to certain domestic
  191         wastewater utility projects; amending s. 403.412,
  192         F.S.; prohibiting local governments from recognizing
  193         or granting certain legal rights to the natural
  194         environment or granting such rights relating to the
  195         natural environment to a person or political
  196         subdivision; providing construction; providing a
  197         declaration of important state interest; amending ss.
  198         153.54, 153.73, 163.3180, 180.03, 311.105, 327.46,
  199         373.250, 373.414, 373.705, 373.707, 373.709, 373.807,
  200         376.307, 380.0552, 381.006, 381.0061, 381.0064,
  201         381.00651, 381.0101, 403.08601, 403.0871, 403.0872,
  202         403.707, 403.861, 489.551, and 590.02, F.S.;
  203         conforming cross-references and provisions to changes
  204         made by the act; providing a directive to the Division
  205         of Law Revision upon the adoption of certain rules by
  206         the Department of Environmental Protection; providing
  207         effective dates.
  208  
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. This act may be cited as the “Clean Waterways
  212  Act.”
  213         Section 2. (1)By July 1, 2020, the Department of Health
  214  must provide a report to the Governor, the President of the
  215  Senate, and the Speaker of the House of Representatives
  216  detailing the following information regarding the Onsite Sewage
  217  Program:
  218         (a)The average number of permits issued each year;
  219         (b)The number of department employees conducting work on
  220  or related to the program each year; and
  221         (c)The program’s costs and expenditures, including, but
  222  not limited to, salaries and benefits, equipment costs, and
  223  contracting costs.
  224         (2)By December 31, 2020, the Department of Health and the
  225  Department of Environmental Protection shall submit
  226  recommendations to the Governor, the President of the Senate,
  227  and the Speaker of the House of Representatives regarding the
  228  transfer of the Onsite Sewage Program from the Department of
  229  Health to the Department of Environmental Protection. The
  230  recommendations must address all aspects of the transfer,
  231  including the continued role of the county health departments in
  232  the permitting, inspection, data management, and tracking of
  233  onsite sewage treatment and disposal systems under the direction
  234  of the Department of Environmental Protection.
  235         (3)By June 30, 2021, the Department of Health and the
  236  Department of Environmental Protection shall enter into an
  237  interagency agreement based on the Department of Health report
  238  required under subsection (2) and on recommendations from a plan
  239  that must address all agency cooperation for a period not less
  240  than 5 years after the transfer, including:
  241         (a)The continued role of the county health departments in
  242  the permitting, inspection, data management, and tracking of
  243  onsite sewage treatment and disposal systems under the direction
  244  of the Department of Environmental Protection.
  245         (b)The appropriate proportionate number of administrative,
  246  auditing, inspector general, attorney, and operational support
  247  positions, and their related funding levels and sources and
  248  assigned property, to be transferred from the Office of General
  249  Counsel, the Office of Inspector General, and the Division of
  250  Administrative Services or other relevant offices or divisions
  251  within the Department of Health to the Department of
  252  Environmental Protection.
  253         (c)The development of a recommended plan to address the
  254  transfer or shared use of buildings, regional offices, and other
  255  facilities used or owned by the Department of Health.
  256         (d)Any operating budget adjustments that are necessary to
  257  implement the requirements of this act. Adjustments made to the
  258  operating budgets of the agencies in the implementation of this
  259  act must be made in consultation with the appropriate
  260  substantive and fiscal committees of the Senate and the House of
  261  Representatives. The revisions to the approved operating budgets
  262  for the 2021-2022 fiscal year which are necessary to reflect the
  263  organizational changes made by this act must be implemented
  264  pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
  265  to s. 216.177, Florida Statutes. Subsequent adjustments between
  266  the Department of Health and the Department of Environmental
  267  Protection which are determined necessary by the respective
  268  agencies and approved by the Executive Office of the Governor
  269  are authorized and subject to s. 216.177, Florida Statutes. The
  270  appropriate substantive committees of the Senate and the House
  271  of Representatives must also be notified of the proposed
  272  revisions to ensure their consistency with legislative policy
  273  and intent.
  274         (4)Effective July 1, 2021, all powers, duties, functions,
  275  records, offices, personnel, associated administrative support
  276  positions, property, pending issues, existing contracts,
  277  administrative authority, administrative rules, and unexpended
  278  balances of appropriations, allocations, and other funds for the
  279  regulation of onsite sewage treatment and disposal systems
  280  relating to the Onsite Sewage Program in the Department of
  281  Health are transferred by a type two transfer, as defined in s.
  282  20.06(2), Florida Statutes, to the Department of Environmental
  283  Protection.
  284         (5)Notwithstanding chapter 60L-34, Florida Administrative
  285  Code, or any law to the contrary, employees who are transferred
  286  from the Department of Health to the Department of Environmental
  287  Protection to fill positions transferred by this act retain and
  288  transfer any accrued annual leave, sick leave, and regular and
  289  special compensatory leave balances.
  290         Section 3. Paragraphs (a) and (b) of subsection (7) of
  291  section 373.036, Florida Statutes, are amended to read:
  292         373.036 Florida water plan; district water management
  293  plans.—
  294         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  295         (a) By March 1, annually, each water management district
  296  shall prepare and submit to the Office of Economic and
  297  Demographic Research, the department, the Governor, the
  298  President of the Senate, and the Speaker of the House of
  299  Representatives a consolidated water management district annual
  300  report on the management of water resources. In addition, copies
  301  must be provided by the water management districts to the chairs
  302  of all legislative committees having substantive or fiscal
  303  jurisdiction over the districts and the governing board of each
  304  county in the district having jurisdiction or deriving any funds
  305  for operations of the district. Copies of the consolidated
  306  annual report must be made available to the public, either in
  307  printed or electronic format.
  308         (b) The consolidated annual report shall contain the
  309  following elements, as appropriate to that water management
  310  district:
  311         1. A district water management plan annual report or the
  312  annual work plan report allowed in subparagraph (2)(e)4.
  313         2. The department-approved minimum flows and minimum water
  314  levels annual priority list and schedule required by s.
  315  373.042(3).
  316         3. The annual 5-year capital improvements plan required by
  317  s. 373.536(6)(a)3.
  318         4. The alternative water supplies annual report required by
  319  s. 373.707(8)(n).
  320         5. The final annual 5-year water resource development work
  321  program required by s. 373.536(6)(a)4.
  322         6. The Florida Forever Water Management District Work Plan
  323  annual report required by s. 373.199(7).
  324         7. The mitigation donation annual report required by s.
  325  373.414(1)(b)2.
  326         8. Information on all projects related to water quality or
  327  water quantity as part of a 5-year work program, including:
  328         a. A list of all specific projects identified to implement
  329  a basin management action plan, including any projects to
  330  connect onsite sewage treatment and disposal systems to central
  331  sewerage systems and convert onsite sewage treatment and
  332  disposal systems to enhanced nutrient-reducing onsite sewage
  333  treatment and disposal systems, or a recovery or prevention
  334  strategy;
  335         b. A priority ranking for each listed project for which
  336  state funding through the water resources development work
  337  program is requested, which must be made available to the public
  338  for comment at least 30 days before submission of the
  339  consolidated annual report;
  340         c. The estimated cost for each listed project;
  341         d. The estimated completion date for each listed project;
  342         e. The source and amount of financial assistance to be made
  343  available by the department, a water management district, or
  344  other entity for each listed project; and
  345         f. A quantitative estimate of each listed project’s benefit
  346  to the watershed, water body, or water segment in which it is
  347  located.
  348         9. A grade for each watershed, water body, or water segment
  349  in which a project listed under subparagraph 8. is located
  350  representing the level of impairment and violations of adopted
  351  minimum flow or minimum water levels. The grading system must
  352  reflect the severity of the impairment of the watershed, water
  353  body, or water segment.
  354         Section 4. Bottled water industry study.—The department
  355  shall, in coordination with the water management districts,
  356  conduct a study on the bottled water industry in this state.
  357         (1) The study must:
  358         (a) Identify all springs statewide that have an associated
  359  consumptive use permit for a bottled water facility producing
  360  its product with water derived from a spring. Such
  361  identification must include:
  362         1. The magnitude of the spring;
  363         2. Whether the spring has been identified as an Outstanding
  364  Florida Spring as defined in s. 373.802, Florida Statutes;
  365         3. Any department- or water management district-adopted
  366  minimum flow or minimum water levels, the status of any adopted
  367  minimum flow or minimum water levels, and any associated
  368  recovery or prevention strategy;
  369         4. The permitted and actual use associated with the
  370  consumptive use permits;
  371         5. The reduction in flow associated with the permitted and
  372  actual use associated with the consumptive use permits;
  373         6. The impact on springs of bottled water facilities as
  374  compared to other users; and
  375         7. Types of water conservation measures employed at bottled
  376  water facilities permitted to derive water from a spring.
  377         (b) Identify the labeling and marketing regulations
  378  associated with the identification of bottled water as spring
  379  water, including whether these regulations incentivize the
  380  withdrawal of water from springs.
  381         (c) Evaluate the direct and indirect economic benefits to
  382  the local communities resulting from bottled water facilities
  383  that derive water from springs, including, but not limited to,
  384  tax revenue, job creation, and wages.
  385         (d) Evaluate the direct and indirect costs to the local
  386  communities located in proximity to springs impacted by
  387  withdrawals from bottled water production, including, but not
  388  limited to, the decreased recreational value of the springs and
  389  the cost to other users for the development of alternative water
  390  supply or reductions in permit durations and allocations.
  391         (e) Include a cost-benefit analysis of withdrawing,
  392  producing, marketing, selling, and consuming spring water as
  393  compared to other sources of bottled water.
  394         (f) Evaluate how much bottled water derived from Florida
  395  springs is sold in this state.
  396         (2) By June 30, 2021, the department shall submit a report
  397  containing the findings of the study to the Governor, the
  398  President of the Senate, the Speaker of the House of
  399  Representatives, and the Office of Economic and Demographic
  400  Research.
  401         (3) As used in this section, the term “bottled water” has
  402  the same meaning as in s. 500.03, Florida Statutes, and the term
  403  “water derived from a spring” means water derived from an
  404  underground formation from which water flows naturally to the
  405  surface of the earth in the manner described in 21 C.F.R. s.
  406  165.110(a)(2)(vi).
  407         Section 5. Subsection (5) of section 373.4131, Florida
  408  Statutes, is amended, and subsection (6) is added to that
  409  section, to read:
  410         373.4131 Statewide environmental resource permitting
  411  rules.—
  412         (5) To ensure consistent implementation and interpretation
  413  of the rules adopted pursuant to this section, the department
  414  shall conduct or oversee regular assessment and training of its
  415  staff and the staffs of the water management districts and local
  416  governments delegated local pollution control program authority
  417  under s. 373.441. The training must include field inspections of
  418  publicly and privately owned stormwater structural controls,
  419  such as stormwater retention and detention ponds.
  420         (6) By January 1, 2021:
  421         (a) The department and the water management districts shall
  422  initiate rulemaking to update the stormwater design and
  423  operation regulations, including updates to the Environmental
  424  Resource Permit Applicant’s Handbook, using the most recent
  425  scientific information available. As part of rule development,
  426  the department shall consider and address low-impact design best
  427  management practices and design criteria that increase the
  428  removal of nutrients from stormwater discharges, and measures
  429  for consistent application of the net improvement performance
  430  standard to ensure significant reductions of any pollutant
  431  loadings to a waterbody.
  432         (b) The department shall review and evaluate permits and
  433  inspection data by those entities that submit a self
  434  certification under s. 403.814(12) for compliance with state
  435  water quality standards and provide the Legislature with
  436  recommendations for improvements to the self-certification
  437  process, including, but not limited to, additional staff
  438  resources for department review of portions of the process where
  439  high-priority water quality issues justify such action.
  440         Section 6. Subsection (7) is added to section 381.0065,
  441  Florida Statutes, to read:
  442         381.0065 Onsite sewage treatment and disposal systems;
  443  regulation.—
  444         (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
  445  TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
  446  total maximum daily load, the department shall implement a fast
  447  track approval process of no longer than 6 months for the
  448  determination of the use of American National Standards
  449  Institute 245 systems approved by NSF International before July
  450  1, 2020.
  451         Section 7. Effective July 1, 2021, present paragraphs (d)
  452  through (q) of subsection (2) of section 381.0065, Florida
  453  Statutes, are redesignated as paragraphs (e) through (r),
  454  respectively, subsections (3) and (4) of that section are
  455  amended, and a new paragraph (d) is added to subsection (2) of
  456  that section, to read:
  457         381.0065 Onsite sewage treatment and disposal systems;
  458  regulation.—
  459         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  460  term:
  461         (d) “Department” means the Department of Environmental
  462  Protection.
  463         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  464  PROTECTION HEALTH.—The department shall:
  465         (a) Adopt rules to administer ss. 381.0065-381.0067,
  466  including definitions that are consistent with the definitions
  467  in this section, decreases to setback requirements where no
  468  health hazard exists, increases for the lot-flow allowance for
  469  performance-based systems, requirements for separation from
  470  water table elevation during the wettest season, requirements
  471  for the design and construction of any component part of an
  472  onsite sewage treatment and disposal system, application and
  473  permit requirements for persons who maintain an onsite sewage
  474  treatment and disposal system, requirements for maintenance and
  475  service agreements for aerobic treatment units and performance
  476  based treatment systems, and recommended standards, including
  477  disclosure requirements, for voluntary system inspections to be
  478  performed by individuals who are authorized by law to perform
  479  such inspections and who shall inform a person having ownership,
  480  control, or use of an onsite sewage treatment and disposal
  481  system of the inspection standards and of that person’s
  482  authority to request an inspection based on all or part of the
  483  standards.
  484         (b) Perform application reviews and site evaluations, issue
  485  permits, and conduct inspections and complaint investigations
  486  associated with the construction, installation, maintenance,
  487  modification, abandonment, operation, use, or repair of an
  488  onsite sewage treatment and disposal system for a residence or
  489  establishment with an estimated domestic sewage flow of 10,000
  490  gallons or less per day, or an estimated commercial sewage flow
  491  of 5,000 gallons or less per day, which is not currently
  492  regulated under chapter 403.
  493         (c) Develop a comprehensive program to ensure that onsite
  494  sewage treatment and disposal systems regulated by the
  495  department are sized, designed, constructed, installed, sited,
  496  repaired, modified, abandoned, used, operated, and maintained in
  497  compliance with this section and rules adopted under this
  498  section to prevent groundwater contamination, including impacts
  499  from nutrient pollution, and surface water contamination and to
  500  preserve the public health. The department is the final
  501  administrative interpretive authority regarding rule
  502  interpretation. In the event of a conflict regarding rule
  503  interpretation, the Secretary of Environmental Protection State
  504  Surgeon General, or his or her designee, shall timely assign a
  505  staff person to resolve the dispute.
  506         (d) Grant variances in hardship cases under the conditions
  507  prescribed in this section and rules adopted under this section.
  508         (e) Permit the use of a limited number of innovative
  509  systems for a specific period of time, when there is compelling
  510  evidence that the system will function properly and reliably to
  511  meet the requirements of this section and rules adopted under
  512  this section.
  513         (f) Issue annual operating permits under this section.
  514         (g) Establish and collect fees as established under s.
  515  381.0066 for services provided with respect to onsite sewage
  516  treatment and disposal systems.
  517         (h) Conduct enforcement activities, including imposing
  518  fines, issuing citations, suspensions, revocations, injunctions,
  519  and emergency orders for violations of this section, part I of
  520  chapter 386, or part III of chapter 489 or for a violation of
  521  any rule adopted under this section, part I of chapter 386, or
  522  part III of chapter 489.
  523         (i) Provide or conduct education and training of department
  524  personnel, service providers, and the public regarding onsite
  525  sewage treatment and disposal systems.
  526         (j) Supervise research on, demonstration of, and training
  527  on the performance, environmental impact, and public health
  528  impact of onsite sewage treatment and disposal systems within
  529  this state. Research fees collected under s. 381.0066(2)(k) must
  530  be used to develop and fund hands-on training centers designed
  531  to provide practical information about onsite sewage treatment
  532  and disposal systems to septic tank contractors, master septic
  533  tank contractors, contractors, inspectors, engineers, and the
  534  public and must also be used to fund research projects which
  535  focus on improvements of onsite sewage treatment and disposal
  536  systems, including use of performance-based standards and
  537  reduction of environmental impact. Research projects shall be
  538  initially approved by the technical review and advisory panel
  539  and shall be applicable to and reflect the soil conditions
  540  specific to this state Florida. Such projects shall be awarded
  541  through competitive negotiation, using the procedures provided
  542  in s. 287.055, to public or private entities that have
  543  experience in onsite sewage treatment and disposal systems in
  544  this state Florida and that are principally located in this
  545  state Florida. Research projects shall not be awarded to firms
  546  or entities that employ or are associated with persons who serve
  547  on either the technical review and advisory panel or the
  548  research review and advisory committee.
  549         (k) Approve the installation of individual graywater
  550  disposal systems in which blackwater is treated by a central
  551  sewerage system.
  552         (l) Regulate and permit the sanitation, handling,
  553  treatment, storage, reuse, and disposal of byproducts from any
  554  system regulated under this chapter and not regulated by the
  555  Department of Environmental Protection.
  556         (m) Permit and inspect portable or temporary toilet
  557  services and holding tanks. The department shall review
  558  applications, perform site evaluations, and issue permits for
  559  the temporary use of holding tanks, privies, portable toilet
  560  services, or any other toilet facility that is intended for use
  561  on a permanent or nonpermanent basis, including facilities
  562  placed on construction sites when workers are present. The
  563  department may specify standards for the construction,
  564  maintenance, use, and operation of any such facility for
  565  temporary use.
  566         (n) Regulate and permit maintenance entities for
  567  performance-based treatment systems and aerobic treatment unit
  568  systems. To ensure systems are maintained and operated according
  569  to manufacturer’s specifications and designs, the department
  570  shall establish by rule minimum qualifying criteria for
  571  maintenance entities. The criteria shall include: training,
  572  access to approved spare parts and components, access to
  573  manufacturer’s maintenance and operation manuals, and service
  574  response time. The maintenance entity shall employ a contractor
  575  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  576  a state-licensed wastewater plant operator, who is responsible
  577  for maintenance and repair of all systems under contract.
  578         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  579  construct, repair, modify, abandon, or operate an onsite sewage
  580  treatment and disposal system without first obtaining a permit
  581  approved by the department. The department may issue permits to
  582  carry out this section, but shall not make the issuance of such
  583  permits contingent upon prior approval by the department of
  584  Environmental Protection, except that the issuance of a permit
  585  for work seaward of the coastal construction control line
  586  established under s. 161.053 shall be contingent upon receipt of
  587  any required coastal construction control line permit from the
  588  department of Environmental Protection. A construction permit is
  589  valid for 18 months after from the date of issuance date and may
  590  be extended by the department for one 90-day period under rules
  591  adopted by the department. A repair permit is valid for 90 days
  592  after from the date of issuance. An operating permit must be
  593  obtained before prior to the use of any aerobic treatment unit
  594  or if the establishment generates commercial waste. Buildings or
  595  establishments that use an aerobic treatment unit or generate
  596  commercial waste shall be inspected by the department at least
  597  annually to assure compliance with the terms of the operating
  598  permit. The operating permit for a commercial wastewater system
  599  is valid for 1 year after from the date of issuance and must be
  600  renewed annually. The operating permit for an aerobic treatment
  601  unit is valid for 2 years after from the date of issuance and
  602  must be renewed every 2 years. If all information pertaining to
  603  the siting, location, and installation conditions or repair of
  604  an onsite sewage treatment and disposal system remains the same,
  605  a construction or repair permit for the onsite sewage treatment
  606  and disposal system may be transferred to another person, if the
  607  transferee files, within 60 days after the transfer of
  608  ownership, an amended application providing all corrected
  609  information and proof of ownership of the property. A There is
  610  no fee is not associated with the processing of this
  611  supplemental information. A person may not contract to
  612  construct, modify, alter, repair, service, abandon, or maintain
  613  any portion of an onsite sewage treatment and disposal system
  614  without being registered under part III of chapter 489. A
  615  property owner who personally performs construction,
  616  maintenance, or repairs to a system serving his or her own
  617  owner-occupied single-family residence is exempt from
  618  registration requirements for performing such construction,
  619  maintenance, or repairs on that residence, but is subject to all
  620  permitting requirements. A municipality or political subdivision
  621  of the state may not issue a building or plumbing permit for any
  622  building that requires the use of an onsite sewage treatment and
  623  disposal system unless the owner or builder has received a
  624  construction permit for such system from the department. A
  625  building or structure may not be occupied and a municipality,
  626  political subdivision, or any state or federal agency may not
  627  authorize occupancy until the department approves the final
  628  installation of the onsite sewage treatment and disposal system.
  629  A municipality or political subdivision of the state may not
  630  approve any change in occupancy or tenancy of a building that
  631  uses an onsite sewage treatment and disposal system until the
  632  department has reviewed the use of the system with the proposed
  633  change, approved the change, and amended the operating permit.
  634         (a) Subdivisions and lots in which each lot has a minimum
  635  area of at least one-half acre and either a minimum dimension of
  636  100 feet or a mean of at least 100 feet of the side bordering
  637  the street and the distance formed by a line parallel to the
  638  side bordering the street drawn between the two most distant
  639  points of the remainder of the lot may be developed with a water
  640  system regulated under s. 381.0062 and onsite sewage treatment
  641  and disposal systems, provided the projected daily sewage flow
  642  does not exceed an average of 1,500 gallons per acre per day,
  643  and provided satisfactory drinking water can be obtained and all
  644  distance and setback, soil condition, water table elevation, and
  645  other related requirements of this section and rules adopted
  646  under this section can be met.
  647         (b) Subdivisions and lots using a public water system as
  648  defined in s. 403.852 may use onsite sewage treatment and
  649  disposal systems, provided there are no more than four lots per
  650  acre, provided the projected daily sewage flow does not exceed
  651  an average of 2,500 gallons per acre per day, and provided that
  652  all distance and setback, soil condition, water table elevation,
  653  and other related requirements that are generally applicable to
  654  the use of onsite sewage treatment and disposal systems are met.
  655         (c) Notwithstanding paragraphs (a) and (b), for
  656  subdivisions platted of record on or before October 1, 1991,
  657  when a developer or other appropriate entity has previously made
  658  or makes provisions, including financial assurances or other
  659  commitments, acceptable to the department of Health, that a
  660  central water system will be installed by a regulated public
  661  utility based on a density formula, private potable wells may be
  662  used with onsite sewage treatment and disposal systems until the
  663  agreed-upon densities are reached. In a subdivision regulated by
  664  this paragraph, the average daily sewage flow may not exceed
  665  2,500 gallons per acre per day. This section does not affect the
  666  validity of existing prior agreements. After October 1, 1991,
  667  the exception provided under this paragraph is not available to
  668  a developer or other appropriate entity.
  669         (d) Paragraphs (a) and (b) do not apply to any proposed
  670  residential subdivision with more than 50 lots or to any
  671  proposed commercial subdivision with more than 5 lots where a
  672  publicly owned or investor-owned sewage treatment sewerage
  673  system is available. It is the intent of This paragraph does not
  674  to allow development of additional proposed subdivisions in
  675  order to evade the requirements of this paragraph.
  676         (e) The department shall adopt rules relating to the
  677  location of onsite sewage treatment and disposal systems,
  678  including establishing setback distances, to prevent groundwater
  679  contamination and surface water contamination and to preserve
  680  the public health. The rulemaking process for such rules must be
  681  completed by July 1, 2022, and the department shall notify the
  682  Division of Law Revision of the date such rules take effect. The
  683  rules must consider conventional and enhanced nutrient-reducing
  684  onsite sewage treatment and disposal system designs, impaired or
  685  degraded water bodies, domestic wastewater and drinking water
  686  infrastructure, potable water sources, nonpotable wells,
  687  stormwater infrastructure, the onsite sewage treatment and
  688  disposal system remediation plans developed pursuant to s.
  689  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  690  of the onsite sewage treatment and disposal systems technical
  691  advisory committee established pursuant to s. 381.00652. The
  692  rules must also allow a person to apply for and receive a
  693  variance from a rule requirement upon demonstration that the
  694  requirement would cause an undue hardship and granting the
  695  variance would not cause or contribute to the exceedance of a
  696  total maximum daily load.
  697         (f)(e) Onsite sewage treatment and disposal systems that
  698  are permitted before the rules in paragraph (e) take effect may
  699  must not be placed closer than:
  700         1. Seventy-five feet from a private potable well.
  701         2. Two hundred feet from a public potable well serving a
  702  residential or nonresidential establishment having a total
  703  sewage flow of greater than 2,000 gallons per day.
  704         3. One hundred feet from a public potable well serving a
  705  residential or nonresidential establishment having a total
  706  sewage flow of less than or equal to 2,000 gallons per day.
  707         4. Fifty feet from any nonpotable well.
  708         5. Ten feet from any storm sewer pipe, to the maximum
  709  extent possible, but in no instance shall the setback be less
  710  than 5 feet.
  711         6. Seventy-five feet from the mean high-water line of a
  712  tidally influenced surface water body.
  713         7. Seventy-five feet from the mean annual flood line of a
  714  permanent nontidal surface water body.
  715         8. Fifteen feet from the design high-water line of
  716  retention areas, detention areas, or swales designed to contain
  717  standing or flowing water for less than 72 hours after a
  718  rainfall or the design high-water level of normally dry drainage
  719  ditches or normally dry individual lot stormwater retention
  720  areas.
  721         (f) Except as provided under paragraphs (e) and (t), no
  722  limitations shall be imposed by rule, relating to the distance
  723  between an onsite disposal system and any area that either
  724  permanently or temporarily has visible surface water.
  725         (g) All provisions of This section and rules adopted under
  726  this section relating to soil condition, water table elevation,
  727  distance, and other setback requirements must be equally applied
  728  to all lots, with the following exceptions:
  729         1. Any residential lot that was platted and recorded on or
  730  after January 1, 1972, or that is part of a residential
  731  subdivision that was approved by the appropriate permitting
  732  agency on or after January 1, 1972, and that was eligible for an
  733  onsite sewage treatment and disposal system construction permit
  734  on the date of such platting and recording or approval shall be
  735  eligible for an onsite sewage treatment and disposal system
  736  construction permit, regardless of when the application for a
  737  permit is made. If rules in effect at the time the permit
  738  application is filed cannot be met, residential lots platted and
  739  recorded or approved on or after January 1, 1972, shall, to the
  740  maximum extent possible, comply with the rules in effect at the
  741  time the permit application is filed. At a minimum, however,
  742  those residential lots platted and recorded or approved on or
  743  after January 1, 1972, but before January 1, 1983, shall comply
  744  with those rules in effect on January 1, 1983, and those
  745  residential lots platted and recorded or approved on or after
  746  January 1, 1983, shall comply with those rules in effect at the
  747  time of such platting and recording or approval. In determining
  748  the maximum extent of compliance with current rules that is
  749  possible, the department shall allow structures and
  750  appurtenances thereto which were authorized at the time such
  751  lots were platted and recorded or approved.
  752         2. Lots platted before 1972 are subject to a 50-foot
  753  minimum surface water setback and are not subject to lot size
  754  requirements. The projected daily flow for onsite sewage
  755  treatment and disposal systems for lots platted before 1972 may
  756  not exceed:
  757         a. Two thousand five hundred gallons per acre per day for
  758  lots served by public water systems as defined in s. 403.852.
  759         b. One thousand five hundred gallons per acre per day for
  760  lots served by water systems regulated under s. 381.0062.
  761         (h)1. The department may grant variances in hardship cases
  762  which may be less restrictive than the provisions specified in
  763  this section. If a variance is granted and the onsite sewage
  764  treatment and disposal system construction permit has been
  765  issued, the variance may be transferred with the system
  766  construction permit, if the transferee files, within 60 days
  767  after the transfer of ownership, an amended construction permit
  768  application providing all corrected information and proof of
  769  ownership of the property and if the same variance would have
  770  been required for the new owner of the property as was
  771  originally granted to the original applicant for the variance. A
  772  There is no fee is not associated with the processing of this
  773  supplemental information. A variance may not be granted under
  774  this section until the department is satisfied that:
  775         a. The hardship was not caused intentionally by the action
  776  of the applicant;
  777         b. A No reasonable alternative, taking into consideration
  778  factors such as cost, does not exist exists for the treatment of
  779  the sewage; and
  780         c. The discharge from the onsite sewage treatment and
  781  disposal system will not adversely affect the health of the
  782  applicant or the public or significantly degrade the groundwater
  783  or surface waters.
  784  
  785  Where soil conditions, water table elevation, and setback
  786  provisions are determined by the department to be satisfactory,
  787  special consideration must be given to those lots platted before
  788  1972.
  789         2. The department shall appoint and staff a variance review
  790  and advisory committee, which shall meet monthly to recommend
  791  agency action on variance requests. The committee shall make its
  792  recommendations on variance requests at the meeting in which the
  793  application is scheduled for consideration, except for an
  794  extraordinary change in circumstances, the receipt of new
  795  information that raises new issues, or when the applicant
  796  requests an extension. The committee shall consider the criteria
  797  in subparagraph 1. in its recommended agency action on variance
  798  requests and shall also strive to allow property owners the full
  799  use of their land where possible. The committee consists of the
  800  following:
  801         a. The Secretary of Environmental Protection State Surgeon
  802  General or his or her designee.
  803         b. A representative from the county health departments.
  804         c. A representative from the home building industry
  805  recommended by the Florida Home Builders Association.
  806         d. A representative from the septic tank industry
  807  recommended by the Florida Onsite Wastewater Association.
  808         e. A representative from the Department of Health
  809  Environmental Protection.
  810         f. A representative from the real estate industry who is
  811  also a developer in this state who develops lots using onsite
  812  sewage treatment and disposal systems, recommended by the
  813  Florida Association of Realtors.
  814         g. A representative from the engineering profession
  815  recommended by the Florida Engineering Society.
  816  
  817  Members shall be appointed for a term of 3 years, with such
  818  appointments being staggered so that the terms of no more than
  819  two members expire in any one year. Members shall serve without
  820  remuneration, but if requested, shall be reimbursed for per diem
  821  and travel expenses as provided in s. 112.061.
  822         (i) A construction permit may not be issued for an onsite
  823  sewage treatment and disposal system in any area zoned or used
  824  for industrial or manufacturing purposes, or its equivalent,
  825  where a publicly owned or investor-owned sewage treatment system
  826  is available, or where a likelihood exists that the system will
  827  receive toxic, hazardous, or industrial waste. An existing
  828  onsite sewage treatment and disposal system may be repaired if a
  829  publicly owned or investor-owned sewage treatment sewerage
  830  system is not available within 500 feet of the building sewer
  831  stub-out and if system construction and operation standards can
  832  be met. This paragraph does not require publicly owned or
  833  investor-owned sewage sewerage treatment systems to accept
  834  anything other than domestic wastewater.
  835         1. A building located in an area zoned or used for
  836  industrial or manufacturing purposes, or its equivalent, when
  837  such building is served by an onsite sewage treatment and
  838  disposal system, must not be occupied until the owner or tenant
  839  has obtained written approval from the department. The
  840  department may shall not grant approval when the proposed use of
  841  the system is to dispose of toxic, hazardous, or industrial
  842  wastewater or toxic or hazardous chemicals.
  843         2. Each person who owns or operates a business or facility
  844  in an area zoned or used for industrial or manufacturing
  845  purposes, or its equivalent, or who owns or operates a business
  846  that has the potential to generate toxic, hazardous, or
  847  industrial wastewater or toxic or hazardous chemicals, and uses
  848  an onsite sewage treatment and disposal system that is installed
  849  on or after July 5, 1989, must obtain an annual system operating
  850  permit from the department. A person who owns or operates a
  851  business that uses an onsite sewage treatment and disposal
  852  system that was installed and approved before July 5, 1989, does
  853  not need to not obtain a system operating permit. However, upon
  854  change of ownership or tenancy, the new owner or operator must
  855  notify the department of the change, and the new owner or
  856  operator must obtain an annual system operating permit,
  857  regardless of the date that the system was installed or
  858  approved.
  859         3. The department shall periodically review and evaluate
  860  the continued use of onsite sewage treatment and disposal
  861  systems in areas zoned or used for industrial or manufacturing
  862  purposes, or its equivalent, and may require the collection and
  863  analyses of samples from within and around such systems. If the
  864  department finds that toxic or hazardous chemicals or toxic,
  865  hazardous, or industrial wastewater have been or are being
  866  disposed of through an onsite sewage treatment and disposal
  867  system, the department shall initiate enforcement actions
  868  against the owner or tenant to ensure adequate cleanup,
  869  treatment, and disposal.
  870         (j) An onsite sewage treatment and disposal system designed
  871  by a professional engineer registered in the state and certified
  872  by such engineer as complying with performance criteria adopted
  873  by the department must be approved by the department subject to
  874  the following:
  875         1. The performance criteria applicable to engineer-designed
  876  systems must be limited to those necessary to ensure that such
  877  systems do not adversely affect the public health or
  878  significantly degrade the groundwater or surface water. Such
  879  performance criteria shall include consideration of the quality
  880  of system effluent, the proposed total sewage flow per acre,
  881  wastewater treatment capabilities of the natural or replaced
  882  soil, water quality classification of the potential surface
  883  water-receiving body, and the structural and maintenance
  884  viability of the system for the treatment of domestic
  885  wastewater. However, performance criteria shall address only the
  886  performance of a system and not a system’s design.
  887         2. A person electing to use utilize an engineer-designed
  888  system shall, upon completion of the system design, submit such
  889  design, certified by a registered professional engineer, to the
  890  county health department. The county health department may use
  891  utilize an outside consultant to review the engineer-designed
  892  system, with the actual cost of such review to be borne by the
  893  applicant. Within 5 working days after receiving an engineer
  894  designed system permit application, the county health department
  895  shall request additional information if the application is not
  896  complete. Within 15 working days after receiving a complete
  897  application for an engineer-designed system, the county health
  898  department either shall issue the permit or, if it determines
  899  that the system does not comply with the performance criteria,
  900  shall notify the applicant of that determination and refer the
  901  application to the department for a determination as to whether
  902  the system should be approved, disapproved, or approved with
  903  modification. The department engineer’s determination shall
  904  prevail over the action of the county health department. The
  905  applicant shall be notified in writing of the department’s
  906  determination and of the applicant’s rights to pursue a variance
  907  or seek review under the provisions of chapter 120.
  908         3. The owner of an engineer-designed performance-based
  909  system must maintain a current maintenance service agreement
  910  with a maintenance entity permitted by the department. The
  911  maintenance entity shall inspect each system at least twice each
  912  year and shall report quarterly to the department on the number
  913  of systems inspected and serviced. The reports may be submitted
  914  electronically.
  915         4. The property owner of an owner-occupied, single-family
  916  residence may be approved and permitted by the department as a
  917  maintenance entity for his or her own performance-based
  918  treatment system upon written certification from the system
  919  manufacturer’s approved representative that the property owner
  920  has received training on the proper installation and service of
  921  the system. The maintenance service agreement must conspicuously
  922  disclose that the property owner has the right to maintain his
  923  or her own system and is exempt from contractor registration
  924  requirements for performing construction, maintenance, or
  925  repairs on the system but is subject to all permitting
  926  requirements.
  927         5. The property owner shall obtain a biennial system
  928  operating permit from the department for each system. The
  929  department shall inspect the system at least annually, or on
  930  such periodic basis as the fee collected permits, and may
  931  collect system-effluent samples if appropriate to determine
  932  compliance with the performance criteria. The fee for the
  933  biennial operating permit shall be collected beginning with the
  934  second year of system operation.
  935         6. If an engineer-designed system fails to properly
  936  function or fails to meet performance standards, the system
  937  shall be re-engineered, if necessary, to bring the system into
  938  compliance with the provisions of this section.
  939         (k) An innovative system may be approved in conjunction
  940  with an engineer-designed site-specific system that which is
  941  certified by the engineer to meet the performance-based criteria
  942  adopted by the department.
  943         (l) For the Florida Keys, the department shall adopt a
  944  special rule for the construction, installation, modification,
  945  operation, repair, maintenance, and performance of onsite sewage
  946  treatment and disposal systems which considers the unique soil
  947  conditions and water table elevations, densities, and setback
  948  requirements. On lots where a setback distance of 75 feet from
  949  surface waters, saltmarsh, and buttonwood association habitat
  950  areas cannot be met, an injection well, approved and permitted
  951  by the department, may be used for disposal of effluent from
  952  onsite sewage treatment and disposal systems. The following
  953  additional requirements apply to onsite sewage treatment and
  954  disposal systems in Monroe County:
  955         1. The county, each municipality, and those special
  956  districts established for the purpose of the collection,
  957  transmission, treatment, or disposal of sewage shall ensure, in
  958  accordance with the specific schedules adopted by the
  959  Administration Commission under s. 380.0552, the completion of
  960  onsite sewage treatment and disposal system upgrades to meet the
  961  requirements of this paragraph.
  962         2. Onsite sewage treatment and disposal systems must cease
  963  discharge by December 31, 2015, or must comply with department
  964  rules and provide the level of treatment which, on a permitted
  965  annual average basis, produces an effluent that contains no more
  966  than the following concentrations:
  967         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  968         b. Suspended Solids of 10 mg/l.
  969         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  970  reduction in nitrogen of at least 70 percent. A system that has
  971  been tested and certified to reduce nitrogen concentrations by
  972  at least 70 percent shall be deemed to be in compliance with
  973  this standard.
  974         d. Total Phosphorus, expressed as P, of 1 mg/l.
  975  
  976  In addition, onsite sewage treatment and disposal systems
  977  discharging to an injection well must provide basic disinfection
  978  as defined by department rule.
  979         3. In areas not scheduled to be served by a central
  980  sewerage system sewer, onsite sewage treatment and disposal
  981  systems must, by December 31, 2015, comply with department rules
  982  and provide the level of treatment described in subparagraph 2.
  983         4. In areas scheduled to be served by a central sewerage
  984  system sewer by December 31, 2015, if the property owner has
  985  paid a connection fee or assessment for connection to the
  986  central sewerage sewer system, the property owner may install a
  987  holding tank with a high water alarm or an onsite sewage
  988  treatment and disposal system that meets the following minimum
  989  standards:
  990         a. The existing tanks must be pumped and inspected and
  991  certified as being watertight and free of defects in accordance
  992  with department rule; and
  993         b. A sand-lined drainfield or injection well in accordance
  994  with department rule must be installed.
  995         5. Onsite sewage treatment and disposal systems must be
  996  monitored for total nitrogen and total phosphorus concentrations
  997  as required by department rule.
  998         6. The department shall enforce proper installation,
  999  operation, and maintenance of onsite sewage treatment and
 1000  disposal systems pursuant to this chapter, including ensuring
 1001  that the appropriate level of treatment described in
 1002  subparagraph 2. is met.
 1003         7. The authority of a local government, including a special
 1004  district, to mandate connection of an onsite sewage treatment
 1005  and disposal system is governed by s. 4, chapter 99-395, Laws of
 1006  Florida.
 1007         8. Notwithstanding any other provision of law, an onsite
 1008  sewage treatment and disposal system installed after July 1,
 1009  2010, in unincorporated Monroe County, excluding special
 1010  wastewater districts, that complies with the standards in
 1011  subparagraph 2. is not required to connect to a central sewerage
 1012  sewer system until December 31, 2020.
 1013         (m) A No product sold in the state for use in onsite sewage
 1014  treatment and disposal systems may not contain any substance in
 1015  concentrations or amounts that would interfere with or prevent
 1016  the successful operation of such system, or that would cause
 1017  discharges from such systems to violate applicable water quality
 1018  standards. The department shall publish criteria for products
 1019  known or expected to meet the conditions of this paragraph. If
 1020  In the event a product does not meet such criteria, such product
 1021  may be sold if the manufacturer satisfactorily demonstrates to
 1022  the department that the conditions of this paragraph are met.
 1023         (n) Evaluations for determining the seasonal high-water
 1024  table elevations or the suitability of soils for the use of a
 1025  new onsite sewage treatment and disposal system shall be
 1026  performed by department personnel, professional engineers
 1027  registered in the state, or such other persons with expertise,
 1028  as defined by rule, in making such evaluations. Evaluations for
 1029  determining mean annual flood lines shall be performed by those
 1030  persons identified in paragraph (2)(k) (2)(j). The department
 1031  shall accept evaluations submitted by professional engineers and
 1032  such other persons as meet the expertise established by this
 1033  section or by rule unless the department has a reasonable
 1034  scientific basis for questioning the accuracy or completeness of
 1035  the evaluation.
 1036         (o) The department shall appoint a research review and
 1037  advisory committee, which shall meet at least semiannually. The
 1038  committee shall advise the department on directions for new
 1039  research, review and rank proposals for research contracts, and
 1040  review draft research reports and make comments. The committee
 1041  is comprised of:
 1042         1. A representative of the State Surgeon General, or his or
 1043  her designee.
 1044         2. A representative from the septic tank industry.
 1045         3. A representative from the home building industry.
 1046         4. A representative from an environmental interest group.
 1047         5. A representative from the State University System, from
 1048  a department knowledgeable about onsite sewage treatment and
 1049  disposal systems.
 1050         6. A professional engineer registered in this state who has
 1051  work experience in onsite sewage treatment and disposal systems.
 1052         7. A representative from local government who is
 1053  knowledgeable about domestic wastewater treatment.
 1054         8. A representative from the real estate profession.
 1055         9. A representative from the restaurant industry.
 1056         10. A consumer.
 1057  
 1058  Members shall be appointed for a term of 3 years, with the
 1059  appointments being staggered so that the terms of no more than
 1060  four members expire in any one year. Members shall serve without
 1061  remuneration, but are entitled to reimbursement for per diem and
 1062  travel expenses as provided in s. 112.061.
 1063         (o)(p) An application for an onsite sewage treatment and
 1064  disposal system permit shall be completed in full, signed by the
 1065  owner or the owner’s authorized representative, or by a
 1066  contractor licensed under chapter 489, and shall be accompanied
 1067  by all required exhibits and fees. No Specific documentation of
 1068  property ownership is not shall be required as a prerequisite to
 1069  the review of an application or the issuance of a permit. The
 1070  issuance of a permit does not constitute determination by the
 1071  department of property ownership.
 1072         (p)(q) The department may not require any form of
 1073  subdivision analysis of property by an owner, developer, or
 1074  subdivider before prior to submission of an application for an
 1075  onsite sewage treatment and disposal system.
 1076         (q)(r)Nothing in This section does not limit limits the
 1077  power of a municipality or county to enforce other laws for the
 1078  protection of the public health and safety.
 1079         (r)(s) In the siting of onsite sewage treatment and
 1080  disposal systems, including drainfields, shoulders, and slopes,
 1081  guttering may shall not be required on single-family residential
 1082  dwelling units for systems located greater than 5 feet from the
 1083  roof drip line of the house. If guttering is used on residential
 1084  dwelling units, the downspouts shall be directed away from the
 1085  drainfield.
 1086         (s)(t) Notwithstanding the provisions of subparagraph
 1087  (g)1., onsite sewage treatment and disposal systems located in
 1088  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1089  following requirements:
 1090         1. The absorption surface of the drainfield may shall not
 1091  be subject to flooding based on 10-year flood elevations.
 1092  Provided, however, for lots or parcels created by the
 1093  subdivision of land in accordance with applicable local
 1094  government regulations before prior to January 17, 1990, if an
 1095  applicant cannot construct a drainfield system with the
 1096  absorption surface of the drainfield at an elevation equal to or
 1097  above 10-year flood elevation, the department shall issue a
 1098  permit for an onsite sewage treatment and disposal system within
 1099  the 10-year floodplain of rivers, streams, and other bodies of
 1100  flowing water if all of the following criteria are met:
 1101         a. The lot is at least one-half acre in size;
 1102         b. The bottom of the drainfield is at least 36 inches above
 1103  the 2-year flood elevation; and
 1104         c. The applicant installs either: a waterless,
 1105  incinerating, or organic waste composting toilet and a graywater
 1106  system and drainfield in accordance with department rules; an
 1107  aerobic treatment unit and drainfield in accordance with
 1108  department rules; a system approved by the State Health Office
 1109  that is capable of reducing effluent nitrate by at least 50
 1110  percent in accordance with department rules; or a system other
 1111  than a system using alternative drainfield materials in
 1112  accordance with department rules approved by the county health
 1113  department pursuant to department rule other than a system using
 1114  alternative drainfield materials. The United States Department
 1115  of Agriculture Soil Conservation Service soil maps, State of
 1116  Florida Water Management District data, and Federal Emergency
 1117  Management Agency Flood Insurance maps are resources that shall
 1118  be used to identify flood-prone areas.
 1119         2. The use of fill or mounding to elevate a drainfield
 1120  system out of the 10-year floodplain of rivers, streams, or
 1121  other bodies of flowing water may shall not be permitted if such
 1122  a system lies within a regulatory floodway of the Suwannee and
 1123  Aucilla Rivers. In cases where the 10-year flood elevation does
 1124  not coincide with the boundaries of the regulatory floodway, the
 1125  regulatory floodway will be considered for the purposes of this
 1126  subsection to extend at a minimum to the 10-year flood
 1127  elevation.
 1128         (t)1.(u)1. The owner of an aerobic treatment unit system
 1129  shall maintain a current maintenance service agreement with an
 1130  aerobic treatment unit maintenance entity permitted by the
 1131  department. The maintenance entity shall inspect each aerobic
 1132  treatment unit system at least twice each year and shall report
 1133  quarterly to the department on the number of aerobic treatment
 1134  unit systems inspected and serviced. The reports may be
 1135  submitted electronically.
 1136         2. The property owner of an owner-occupied, single-family
 1137  residence may be approved and permitted by the department as a
 1138  maintenance entity for his or her own aerobic treatment unit
 1139  system upon written certification from the system manufacturer’s
 1140  approved representative that the property owner has received
 1141  training on the proper installation and service of the system.
 1142  The maintenance entity service agreement must conspicuously
 1143  disclose that the property owner has the right to maintain his
 1144  or her own system and is exempt from contractor registration
 1145  requirements for performing construction, maintenance, or
 1146  repairs on the system but is subject to all permitting
 1147  requirements.
 1148         3. A septic tank contractor licensed under part III of
 1149  chapter 489, if approved by the manufacturer, may not be denied
 1150  access by the manufacturer to aerobic treatment unit system
 1151  training or spare parts for maintenance entities. After the
 1152  original warranty period, component parts for an aerobic
 1153  treatment unit system may be replaced with parts that meet
 1154  manufacturer’s specifications but are manufactured by others.
 1155  The maintenance entity shall maintain documentation of the
 1156  substitute part’s equivalency for 2 years and shall provide such
 1157  documentation to the department upon request.
 1158         4. The owner of an aerobic treatment unit system shall
 1159  obtain a system operating permit from the department and allow
 1160  the department to inspect during reasonable hours each aerobic
 1161  treatment unit system at least annually, and such inspection may
 1162  include collection and analysis of system-effluent samples for
 1163  performance criteria established by rule of the department.
 1164         (u)(v) The department may require the submission of
 1165  detailed system construction plans that are prepared by a
 1166  professional engineer registered in this state. The department
 1167  shall establish by rule criteria for determining when such a
 1168  submission is required.
 1169         (v)(w) Any permit issued and approved by the department for
 1170  the installation, modification, or repair of an onsite sewage
 1171  treatment and disposal system shall transfer with the title to
 1172  the property in a real estate transaction. A title may not be
 1173  encumbered at the time of transfer by new permit requirements by
 1174  a governmental entity for an onsite sewage treatment and
 1175  disposal system which differ from the permitting requirements in
 1176  effect at the time the system was permitted, modified, or
 1177  repaired. An inspection of a system may not be mandated by a
 1178  governmental entity at the point of sale in a real estate
 1179  transaction. This paragraph does not affect a septic tank phase
 1180  out deferral program implemented by a consolidated government as
 1181  defined in s. 9, Art. VIII of the State Constitution (1885).
 1182         (w)(x) A governmental entity, including a municipality,
 1183  county, or statutorily created commission, may not require an
 1184  engineer-designed performance-based treatment system, excluding
 1185  a passive engineer-designed performance-based treatment system,
 1186  before the completion of the Florida Onsite Sewage Nitrogen
 1187  Reduction Strategies Project. This paragraph does not apply to a
 1188  governmental entity, including a municipality, county, or
 1189  statutorily created commission, which adopted a local law,
 1190  ordinance, or regulation on or before January 31, 2012.
 1191  Notwithstanding this paragraph, an engineer-designed
 1192  performance-based treatment system may be used to meet the
 1193  requirements of the variance review and advisory committee
 1194  recommendations.
 1195         (x)1.(y)1. An onsite sewage treatment and disposal system
 1196  is not considered abandoned if the system is disconnected from a
 1197  structure that was made unusable or destroyed following a
 1198  disaster and if the system was properly functioning at the time
 1199  of disconnection and was not adversely affected by the disaster.
 1200  The onsite sewage treatment and disposal system may be
 1201  reconnected to a rebuilt structure if:
 1202         a. The reconnection of the system is to the same type of
 1203  structure which contains the same number of bedrooms or fewer,
 1204  if the square footage of the structure is less than or equal to
 1205  110 percent of the original square footage of the structure that
 1206  existed before the disaster;
 1207         b. The system is not a sanitary nuisance; and
 1208         c. The system has not been altered without prior
 1209  authorization.
 1210         2. An onsite sewage treatment and disposal system that
 1211  serves a property that is foreclosed upon is not considered
 1212  abandoned.
 1213         (y)(z) If an onsite sewage treatment and disposal system
 1214  permittee receives, relies upon, and undertakes construction of
 1215  a system based upon a validly issued construction permit under
 1216  rules applicable at the time of construction but a change to a
 1217  rule occurs within 5 years after the approval of the system for
 1218  construction but before the final approval of the system, the
 1219  rules applicable and in effect at the time of construction
 1220  approval apply at the time of final approval if fundamental site
 1221  conditions have not changed between the time of construction
 1222  approval and final approval.
 1223         (z)(aa) An existing-system inspection or evaluation and
 1224  assessment, or a modification, replacement, or upgrade of an
 1225  onsite sewage treatment and disposal system is not required for
 1226  a remodeling addition or modification to a single-family home if
 1227  a bedroom is not added. However, a remodeling addition or
 1228  modification to a single-family home may not cover any part of
 1229  the existing system or encroach upon a required setback or the
 1230  unobstructed area. To determine if a setback or the unobstructed
 1231  area is impacted, the local health department shall review and
 1232  verify a floor plan and site plan of the proposed remodeling
 1233  addition or modification to the home submitted by a remodeler
 1234  which shows the location of the system, including the distance
 1235  of the remodeling addition or modification to the home from the
 1236  onsite sewage treatment and disposal system. The local health
 1237  department may visit the site or otherwise determine the best
 1238  means of verifying the information submitted. A verification of
 1239  the location of a system is not an inspection or evaluation and
 1240  assessment of the system. The review and verification must be
 1241  completed within 7 business days after receipt by the local
 1242  health department of a floor plan and site plan. If the review
 1243  and verification is not completed within such time, the
 1244  remodeling addition or modification to the single-family home,
 1245  for the purposes of this paragraph, is approved.
 1246         Section 8. Section 381.00652, Florida Statutes, is created
 1247  to read:
 1248         381.00652 Onsite sewage treatment and disposal systems
 1249  technical advisory committee.—
 1250         (1) As used in this section, the term “department” means
 1251  the Department of Environmental Protection.
 1252         (2) An onsite sewage treatment and disposal systems
 1253  technical advisory committee, a committee as defined in s.
 1254  20.03(8), is created within the department. The committee shall:
 1255         (a) Provide recommendations to increase the availability of
 1256  enhanced nutrient-reducing onsite sewage treatment and disposal
 1257  systems in the marketplace, including such systems that are
 1258  cost-effective, low maintenance, and reliable.
 1259         (b) Consider and recommend regulatory options, such as
 1260  fast-track approval, prequalification, or expedited permitting,
 1261  to facilitate the introduction and use of enhanced nutrient
 1262  reducing onsite sewage treatment and disposal systems that have
 1263  been reviewed and approved by a national agency or organization,
 1264  such as the American National Standards Institute 245 systems
 1265  approved by the NSF International.
 1266         (c) Provide recommendations for appropriate setback
 1267  distances for onsite sewage treatment and disposal systems from
 1268  surface water, groundwater, and wells.
 1269         (3) The department shall use existing and available
 1270  resources to administer and support the activities of the
 1271  committee.
 1272         (4)(a) By August 1, 2021, the department, in consultation
 1273  with the Department of Health, shall appoint no more than 10
 1274  members to the committee, as follows:
 1275         1. A professional engineer.
 1276         2. A septic tank contractor.
 1277         3. Two representatives from the home building industry.
 1278         4. A representative from the real estate industry.
 1279         5. A representative from the onsite sewage treatment and
 1280  disposal system industry.
 1281         6. A representative from local government.
 1282         7. Two representatives from the environmental community.
 1283         8. A representative of the scientific and technical
 1284  community who has substantial expertise in the areas of the fate
 1285  and transport of water pollutants, toxicology, epidemiology,
 1286  geology, biology, or environmental sciences.
 1287         (b) Members shall serve without compensation and are not
 1288  entitled to reimbursement for per diem or travel expenses.
 1289         (5) By January 1, 2022, the committee shall submit its
 1290  recommendations to the Governor, the President of the Senate,
 1291  and the Speaker of the House of Representatives.
 1292         (6) This section expires August 15, 2022.
 1293         Section 9. Effective July 1, 2021, section 381.0068,
 1294  Florida Statutes, is repealed.
 1295         Section 10. Present subsections (14) through (44) of
 1296  section 403.061, Florida Statutes, are redesignated as
 1297  subsections (15) through (45), respectively, subsection (7) is
 1298  amended, and a new subsection (14) is added to that section, to
 1299  read:
 1300         403.061 Department; powers and duties.—The department shall
 1301  have the power and the duty to control and prohibit pollution of
 1302  air and water in accordance with the law and rules adopted and
 1303  promulgated by it and, for this purpose, to:
 1304         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
 1305  implement the provisions of this act. Any rule adopted pursuant
 1306  to this act must shall be consistent with the provisions of
 1307  federal law, if any, relating to control of emissions from motor
 1308  vehicles, effluent limitations, pretreatment requirements, or
 1309  standards of performance. A No county, municipality, or
 1310  political subdivision may not shall adopt or enforce any local
 1311  ordinance, special law, or local regulation requiring the
 1312  installation of Stage II vapor recovery systems, as currently
 1313  defined by department rule, unless such county, municipality, or
 1314  political subdivision is or has been in the past designated by
 1315  federal regulation as a moderate, serious, or severe ozone
 1316  nonattainment area. Rules adopted pursuant to this act may shall
 1317  not require dischargers of waste into waters of the state to
 1318  improve natural background conditions. The department shall
 1319  adopt rules to reasonably limit, reduce, and eliminate domestic
 1320  wastewater collection and transmission system pipe leakages and
 1321  inflow and infiltration. Discharges from steam electric
 1322  generating plants existing or licensed under this chapter on
 1323  July 1, 1984, may shall not be required to be treated to a
 1324  greater extent than may be necessary to assure that the quality
 1325  of nonthermal components of discharges from nonrecirculated
 1326  cooling water systems is as high as the quality of the makeup
 1327  waters; that the quality of nonthermal components of discharges
 1328  from recirculated cooling water systems is no lower than is
 1329  allowed for blowdown from such systems; or that the quality of
 1330  noncooling system discharges which receive makeup water from a
 1331  receiving body of water which does not meet applicable
 1332  department water quality standards is as high as the quality of
 1333  the receiving body of water. The department may not adopt
 1334  standards more stringent than federal regulations, except as
 1335  provided in s. 403.804.
 1336         (14) In order to promote resilient utilities, require
 1337  public utilities or their affiliated companies holding, applying
 1338  for, or renewing a domestic wastewater discharge permit to file
 1339  annual reports and other data regarding transactions or
 1340  allocations of common costs and expenditures on pollution
 1341  mitigation and prevention among the utility’s permitted systems,
 1342  including, but not limited to, the prevention of sanitary sewer
 1343  overflows, collection and transmission system pipe leakages, and
 1344  inflow and infiltration. The department shall adopt rules to
 1345  implement this subsection.
 1346  
 1347  The department shall implement such programs in conjunction with
 1348  its other powers and duties and shall place special emphasis on
 1349  reducing and eliminating contamination that presents a threat to
 1350  humans, animals or plants, or to the environment.
 1351         Section 11. Section 403.0616, Florida Statutes, is created
 1352  to read:
 1353         403.0616 Real-time water quality monitoring program.—
 1354         (1) Subject to appropriation, the department shall
 1355  establish a real-time water quality monitoring program to assist
 1356  in the restoration, preservation, and enhancement of impaired
 1357  water bodies and coastal resources.
 1358         (2) In order to expedite the creation and implementation of
 1359  the program, the department is encouraged to form public-private
 1360  partnerships with established scientific entities that have
 1361  proven existing real-time water quality monitoring equipment and
 1362  experience in deploying the equipment.
 1363         Section 12. Subsection (17) is added to section 403.064,
 1364  Florida Statutes, to read:
 1365         403.064 Reuse of reclaimed water.—
 1366         (17) By December 31, 2020, the department shall initiate
 1367  rule revisions based on the recommendations of the Potable Reuse
 1368  Commission’s 2020 report “Advancing Potable Reuse in Florida:
 1369  Framework for the Implementation of Potable Reuse in Florida.”
 1370  Rules for potable reuse projects must address contaminants of
 1371  emerging concern and meet or exceed federal and state drinking
 1372  water quality standards and other applicable water quality
 1373  standards. Reclaimed water is deemed a water source for public
 1374  water supply systems.
 1375         Section 13. Subsection (7) of section 403.067, Florida
 1376  Statutes, is amended to read:
 1377         403.067 Establishment and implementation of total maximum
 1378  daily loads.—
 1379         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1380  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1381         (a) Basin management action plans.—
 1382         1. In developing and implementing the total maximum daily
 1383  load for a water body, the department, or the department in
 1384  conjunction with a water management district, may develop a
 1385  basin management action plan that addresses some or all of the
 1386  watersheds and basins tributary to the water body. Such plan
 1387  must integrate the appropriate management strategies available
 1388  to the state through existing water quality protection programs
 1389  to achieve the total maximum daily loads and may provide for
 1390  phased implementation of these management strategies to promote
 1391  timely, cost-effective actions as provided for in s. 403.151.
 1392  The plan must establish a schedule implementing the management
 1393  strategies, establish a basis for evaluating the plan’s
 1394  effectiveness, and identify feasible funding strategies for
 1395  implementing the plan’s management strategies. The management
 1396  strategies may include regional treatment systems or other
 1397  public works, when where appropriate, and voluntary trading of
 1398  water quality credits to achieve the needed pollutant load
 1399  reductions.
 1400         2. A basin management action plan must equitably allocate,
 1401  pursuant to paragraph (6)(b), pollutant reductions to individual
 1402  basins, as a whole to all basins, or to each identified point
 1403  source or category of nonpoint sources, as appropriate. For
 1404  nonpoint sources for which best management practices have been
 1405  adopted, the initial requirement specified by the plan must be
 1406  those practices developed pursuant to paragraph (c). When Where
 1407  appropriate, the plan may take into account the benefits of
 1408  pollutant load reduction achieved by point or nonpoint sources
 1409  that have implemented management strategies to reduce pollutant
 1410  loads, including best management practices, before the
 1411  development of the basin management action plan. The plan must
 1412  also identify the mechanisms that will address potential future
 1413  increases in pollutant loading.
 1414         3. The basin management action planning process is intended
 1415  to involve the broadest possible range of interested parties,
 1416  with the objective of encouraging the greatest amount of
 1417  cooperation and consensus possible. In developing a basin
 1418  management action plan, the department shall assure that key
 1419  stakeholders, including, but not limited to, applicable local
 1420  governments, water management districts, the Department of
 1421  Agriculture and Consumer Services, other appropriate state
 1422  agencies, local soil and water conservation districts,
 1423  environmental groups, regulated interests, and affected
 1424  pollution sources, are invited to participate in the process.
 1425  The department shall hold at least one public meeting in the
 1426  vicinity of the watershed or basin to discuss and receive
 1427  comments during the planning process and shall otherwise
 1428  encourage public participation to the greatest practicable
 1429  extent. Notice of the public meeting must be published in a
 1430  newspaper of general circulation in each county in which the
 1431  watershed or basin lies at least not less than 5 days, but not
 1432  nor more than 15 days, before the public meeting. A basin
 1433  management action plan does not supplant or otherwise alter any
 1434  assessment made under subsection (3) or subsection (4) or any
 1435  calculation or initial allocation.
 1436         4. Each new or revised basin management action plan shall
 1437  include:
 1438         a. The appropriate management strategies available through
 1439  existing water quality protection programs to achieve total
 1440  maximum daily loads, which may provide for phased implementation
 1441  to promote timely, cost-effective actions as provided for in s.
 1442  403.151;
 1443         b. A description of best management practices adopted by
 1444  rule;
 1445         c. A list of projects in priority ranking with a planning
 1446  level cost estimate and estimated date of completion for each
 1447  listed project;
 1448         d. The source and amount of financial assistance to be made
 1449  available by the department, a water management district, or
 1450  other entity for each listed project, if applicable; and
 1451         e. A planning-level estimate of each listed project’s
 1452  expected load reduction, if applicable.
 1453         5. The department shall adopt all or any part of a basin
 1454  management action plan and any amendment to such plan by
 1455  secretarial order pursuant to chapter 120 to implement the
 1456  provisions of this section.
 1457         6. The basin management action plan must include milestones
 1458  for implementation and water quality improvement, and an
 1459  associated water quality monitoring component sufficient to
 1460  evaluate whether reasonable progress in pollutant load
 1461  reductions is being achieved over time. An assessment of
 1462  progress toward these milestones shall be conducted every 5
 1463  years, and revisions to the plan shall be made as appropriate.
 1464  Revisions to the basin management action plan shall be made by
 1465  the department in cooperation with basin stakeholders. Revisions
 1466  to the management strategies required for nonpoint sources must
 1467  follow the procedures set forth in subparagraph (c)4. Revised
 1468  basin management action plans must be adopted pursuant to
 1469  subparagraph 5.
 1470         7. In accordance with procedures adopted by rule under
 1471  paragraph (9)(c), basin management action plans, and other
 1472  pollution control programs under local, state, or federal
 1473  authority as provided in subsection (4), may allow point or
 1474  nonpoint sources that will achieve greater pollutant reductions
 1475  than required by an adopted total maximum daily load or
 1476  wasteload allocation to generate, register, and trade water
 1477  quality credits for the excess reductions to enable other
 1478  sources to achieve their allocation; however, the generation of
 1479  water quality credits does not remove the obligation of a source
 1480  or activity to meet applicable technology requirements or
 1481  adopted best management practices. Such plans must allow trading
 1482  between NPDES permittees, and trading that may or may not
 1483  involve NPDES permittees, where the generation or use of the
 1484  credits involve an entity or activity not subject to department
 1485  water discharge permits whose owner voluntarily elects to obtain
 1486  department authorization for the generation and sale of credits.
 1487         8. The provisions of The department’s rule relating to the
 1488  equitable abatement of pollutants into surface waters do not
 1489  apply to water bodies or water body segments for which a basin
 1490  management plan that takes into account future new or expanded
 1491  activities or discharges has been adopted under this section.
 1492         9. In order to promote resilient wastewater utilities, if
 1493  the department identifies domestic wastewater treatment
 1494  facilities or onsite sewage treatment and disposal systems as
 1495  contributors of at least 20 percent of point source or nonpoint
 1496  source nutrient pollution or if the department determines
 1497  remediation is necessary to achieve the total maximum daily
 1498  load, a basin management action plan for a nutrient total
 1499  maximum daily load must include the following:
 1500         a. A wastewater treatment plan developed by each local
 1501  government, in cooperation with the department, the water
 1502  management district, and the public and private domestic
 1503  wastewater treatment facilities within the jurisdiction of the
 1504  local government, that addresses domestic wastewater. The
 1505  wastewater treatment plan must:
 1506         (I) Provide for construction, expansion, or upgrades
 1507  necessary to achieve the total maximum daily load requirements
 1508  applicable to the domestic wastewater treatment facility.
 1509         (II) Include the permitted capacity in average annual
 1510  gallons per day for the domestic wastewater treatment facility;
 1511  the average nutrient concentration and the estimated average
 1512  nutrient load of the domestic wastewater; a projected timeline
 1513  of the dates by which the construction of any facility
 1514  improvements will begin and be completed and the date by which
 1515  operations of the improved facility will begin; the estimated
 1516  cost of the improvements; and the identity of responsible
 1517  parties.
 1518  
 1519  The wastewater treatment plan must be adopted as part of the
 1520  basin management action plan no later than July 1, 2025. A local
 1521  government that does not have a domestic wastewater treatment
 1522  facility in its jurisdiction is not required to develop a
 1523  wastewater treatment plan unless there is a demonstrated need to
 1524  establish a domestic wastewater treatment facility within its
 1525  jurisdiction to improve water quality necessary to achieve a
 1526  total maximum daily load. A local government is not responsible
 1527  for a private domestic wastewater facility’s compliance with a
 1528  basin management action plan unless such facility is operated
 1529  through a public-private partnership to which the local
 1530  government is a party.
 1531         b. An onsite sewage treatment and disposal system
 1532  remediation plan developed by each local government in
 1533  cooperation with the department, the Department of Health, water
 1534  management districts, and public and private domestic wastewater
 1535  treatment facilities.
 1536         (I) The onsite sewage treatment and disposal system
 1537  remediation plan must identify cost-effective and financially
 1538  feasible projects necessary to achieve the nutrient load
 1539  reductions required for onsite sewage treatment and disposal
 1540  systems. To identify cost-effective and financially feasible
 1541  projects for remediation of onsite sewage treatment and disposal
 1542  systems, the local government shall:
 1543         (A) Include an inventory of onsite sewage treatment and
 1544  disposal systems based on the best information available;
 1545         (B) Identify onsite sewage treatment and disposal systems
 1546  that would be eliminated through connection to existing or
 1547  future central domestic wastewater infrastructure in the
 1548  jurisdiction or domestic wastewater service area of the local
 1549  government, that would be replaced with or upgraded to enhanced
 1550  nutrient-reducing onsite sewage treatment and disposal systems,
 1551  or that would remain on conventional onsite sewage treatment and
 1552  disposal systems;
 1553         (C) Estimate the costs of potential onsite sewage treatment
 1554  and disposal system connections, upgrades, or replacements; and
 1555         (D) Identify deadlines and interim milestones for the
 1556  planning, design, and construction of projects.
 1557         (II) The department shall adopt the onsite sewage treatment
 1558  and disposal system remediation plan as part of the basin
 1559  management action plan no later than July 1, 2025, or as
 1560  required for Outstanding Florida Springs under s. 373.807.
 1561         10. When identifying wastewater projects in a basin
 1562  management action plan, the department may not require the
 1563  higher cost option if it achieves the same nutrient load
 1564  reduction as a lower cost option. A regulated entity may choose
 1565  a different cost option if it complies with the pollutant
 1566  reduction requirements of an adopted total maximum daily load
 1567  and meets or exceeds the pollution reduction requirement of the
 1568  original project.
 1569         (b) Total maximum daily load implementation.—
 1570         1. The department shall be the lead agency in coordinating
 1571  the implementation of the total maximum daily loads through
 1572  existing water quality protection programs. Application of a
 1573  total maximum daily load by a water management district must be
 1574  consistent with this section and does not require the issuance
 1575  of an order or a separate action pursuant to s. 120.536(1) or s.
 1576  120.54 for the adoption of the calculation and allocation
 1577  previously established by the department. Such programs may
 1578  include, but are not limited to:
 1579         a. Permitting and other existing regulatory programs,
 1580  including water-quality-based effluent limitations;
 1581         b. Nonregulatory and incentive-based programs, including
 1582  best management practices, cost sharing, waste minimization,
 1583  pollution prevention, agreements established pursuant to s.
 1584  403.061(22) s. 403.061(21), and public education;
 1585         c. Other water quality management and restoration
 1586  activities, for example surface water improvement and management
 1587  plans approved by water management districts or basin management
 1588  action plans developed pursuant to this subsection;
 1589         d. Trading of water quality credits or other equitable
 1590  economically based agreements;
 1591         e. Public works including capital facilities; or
 1592         f. Land acquisition.
 1593         2. For a basin management action plan adopted pursuant to
 1594  paragraph (a), any management strategies and pollutant reduction
 1595  requirements associated with a pollutant of concern for which a
 1596  total maximum daily load has been developed, including effluent
 1597  limits set forth for a discharger subject to NPDES permitting,
 1598  if any, must be included in a timely manner in subsequent NPDES
 1599  permits or permit modifications for that discharger. The
 1600  department may not impose limits or conditions implementing an
 1601  adopted total maximum daily load in an NPDES permit until the
 1602  permit expires, the discharge is modified, or the permit is
 1603  reopened pursuant to an adopted basin management action plan.
 1604         a. Absent a detailed allocation, total maximum daily loads
 1605  must be implemented through NPDES permit conditions that provide
 1606  for a compliance schedule. In such instances, a facility’s NPDES
 1607  permit must allow time for the issuance of an order adopting the
 1608  basin management action plan. The time allowed for the issuance
 1609  of an order adopting the plan may not exceed 5 years. Upon
 1610  issuance of an order adopting the plan, the permit must be
 1611  reopened or renewed, as necessary, and permit conditions
 1612  consistent with the plan must be established. Notwithstanding
 1613  the other provisions of this subparagraph, upon request by an
 1614  NPDES permittee, the department as part of a permit issuance,
 1615  renewal, or modification may establish individual allocations
 1616  before the adoption of a basin management action plan.
 1617         b. For holders of NPDES municipal separate storm sewer
 1618  system permits and other stormwater sources, implementation of a
 1619  total maximum daily load or basin management action plan must be
 1620  achieved, to the maximum extent practicable, through the use of
 1621  best management practices or other management measures.
 1622         c. The basin management action plan does not relieve the
 1623  discharger from any requirement to obtain, renew, or modify an
 1624  NPDES permit or to abide by other requirements of the permit.
 1625         d. Management strategies set forth in a basin management
 1626  action plan to be implemented by a discharger subject to
 1627  permitting by the department must be completed pursuant to the
 1628  schedule set forth in the basin management action plan. This
 1629  implementation schedule may extend beyond the 5-year term of an
 1630  NPDES permit.
 1631         e. Management strategies and pollution reduction
 1632  requirements set forth in a basin management action plan for a
 1633  specific pollutant of concern are not subject to challenge under
 1634  chapter 120 at the time they are incorporated, in an identical
 1635  form, into a subsequent NPDES permit or permit modification.
 1636         f. For nonagricultural pollutant sources not subject to
 1637  NPDES permitting but permitted pursuant to other state,
 1638  regional, or local water quality programs, the pollutant
 1639  reduction actions adopted in a basin management action plan must
 1640  be implemented to the maximum extent practicable as part of
 1641  those permitting programs.
 1642         g. A nonpoint source discharger included in a basin
 1643  management action plan must demonstrate compliance with the
 1644  pollutant reductions established under subsection (6) by
 1645  implementing the appropriate best management practices
 1646  established pursuant to paragraph (c) or conducting water
 1647  quality monitoring prescribed by the department or a water
 1648  management district. A nonpoint source discharger may, in
 1649  accordance with department rules, supplement the implementation
 1650  of best management practices with water quality credit trades in
 1651  order to demonstrate compliance with the pollutant reductions
 1652  established under subsection (6).
 1653         h. A nonpoint source discharger included in a basin
 1654  management action plan may be subject to enforcement action by
 1655  the department or a water management district based upon a
 1656  failure to implement the responsibilities set forth in sub
 1657  subparagraph g.
 1658         i. A landowner, discharger, or other responsible person who
 1659  is implementing applicable management strategies specified in an
 1660  adopted basin management action plan may not be required by
 1661  permit, enforcement action, or otherwise to implement additional
 1662  management strategies, including water quality credit trading,
 1663  to reduce pollutant loads to attain the pollutant reductions
 1664  established pursuant to subsection (6) and shall be deemed to be
 1665  in compliance with this section. This subparagraph does not
 1666  limit the authority of the department to amend a basin
 1667  management action plan as specified in subparagraph (a)6.
 1668         (c) Best management practices.—
 1669         1. The department, in cooperation with the water management
 1670  districts and other interested parties, as appropriate, may
 1671  develop suitable interim measures, best management practices, or
 1672  other measures necessary to achieve the level of pollution
 1673  reduction established by the department for nonagricultural
 1674  nonpoint pollutant sources in allocations developed pursuant to
 1675  subsection (6) and this subsection. These practices and measures
 1676  may be adopted by rule by the department and the water
 1677  management districts and, where adopted by rule, shall be
 1678  implemented by those parties responsible for nonagricultural
 1679  nonpoint source pollution.
 1680         2. The Department of Agriculture and Consumer Services may
 1681  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1682  suitable interim measures, best management practices, or other
 1683  measures necessary to achieve the level of pollution reduction
 1684  established by the department for agricultural pollutant sources
 1685  in allocations developed pursuant to subsection (6) and this
 1686  subsection or for programs implemented pursuant to paragraph
 1687  (12)(b). These practices and measures may be implemented by
 1688  those parties responsible for agricultural pollutant sources and
 1689  the department, the water management districts, and the
 1690  Department of Agriculture and Consumer Services shall assist
 1691  with implementation. In the process of developing and adopting
 1692  rules for interim measures, best management practices, or other
 1693  measures, the Department of Agriculture and Consumer Services
 1694  shall consult with the department, the Department of Health, the
 1695  water management districts, representatives from affected
 1696  farming groups, and environmental group representatives. Such
 1697  rules must also incorporate provisions for a notice of intent to
 1698  implement the practices and a system to assure the
 1699  implementation of the practices, including site inspection and
 1700  recordkeeping requirements.
 1701         3. When Where interim measures, best management practices,
 1702  or other measures are adopted by rule, the effectiveness of such
 1703  practices in achieving the levels of pollution reduction
 1704  established in allocations developed by the department pursuant
 1705  to subsection (6) and this subsection or in programs implemented
 1706  pursuant to paragraph (12)(b) must be verified at representative
 1707  sites by the department. The department shall use best
 1708  professional judgment in making the initial verification that
 1709  the best management practices are reasonably expected to be
 1710  effective and, when where applicable, shall must notify the
 1711  appropriate water management district or the Department of
 1712  Agriculture and Consumer Services of its initial verification
 1713  before the adoption of a rule proposed pursuant to this
 1714  paragraph. Implementation, in accordance with rules adopted
 1715  under this paragraph, of practices that have been initially
 1716  verified to be effective, or verified to be effective by
 1717  monitoring at representative sites, by the department, shall
 1718  provide a presumption of compliance with state water quality
 1719  standards and release from the provisions of s. 376.307(5) for
 1720  those pollutants addressed by the practices, and the department
 1721  is not authorized to institute proceedings against the owner of
 1722  the source of pollution to recover costs or damages associated
 1723  with the contamination of surface water or groundwater caused by
 1724  those pollutants. Research projects funded by the department, a
 1725  water management district, or the Department of Agriculture and
 1726  Consumer Services to develop or demonstrate interim measures or
 1727  best management practices shall be granted a presumption of
 1728  compliance with state water quality standards and a release from
 1729  the provisions of s. 376.307(5). The presumption of compliance
 1730  and release is limited to the research site and only for those
 1731  pollutants addressed by the interim measures or best management
 1732  practices. Eligibility for the presumption of compliance and
 1733  release is limited to research projects on sites where the owner
 1734  or operator of the research site and the department, a water
 1735  management district, or the Department of Agriculture and
 1736  Consumer Services have entered into a contract or other
 1737  agreement that, at a minimum, specifies the research objectives,
 1738  the cost-share responsibilities of the parties, and a schedule
 1739  that details the beginning and ending dates of the project.
 1740         4. When Where water quality problems are demonstrated,
 1741  despite the appropriate implementation, operation, and
 1742  maintenance of best management practices and other measures
 1743  required by rules adopted under this paragraph, the department,
 1744  a water management district, or the Department of Agriculture
 1745  and Consumer Services, in consultation with the department,
 1746  shall institute a reevaluation of the best management practice
 1747  or other measure. If Should the reevaluation determines
 1748  determine that the best management practice or other measure
 1749  requires modification, the department, a water management
 1750  district, or the Department of Agriculture and Consumer
 1751  Services, as appropriate, shall revise the rule to require
 1752  implementation of the modified practice within a reasonable time
 1753  period as specified in the rule.
 1754         5. Subject to subparagraph 6., the Department of
 1755  Agriculture and Consumer Services shall provide to the
 1756  department information obtained pursuant to subparagraph (d)3.
 1757         6.5. Agricultural records relating to processes or methods
 1758  of production, costs of production, profits, or other financial
 1759  information held by the Department of Agriculture and Consumer
 1760  Services pursuant to subparagraphs 3., and 4., and 5. or
 1761  pursuant to any rule adopted pursuant to subparagraph 2. are
 1762  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1763  of the State Constitution. Upon request, records made
 1764  confidential and exempt pursuant to this subparagraph shall be
 1765  released to the department or any water management district
 1766  provided that the confidentiality specified by this subparagraph
 1767  for such records is maintained.
 1768         7.6.The provisions of Subparagraphs 1. and 2. do not
 1769  preclude the department or water management district from
 1770  requiring compliance with water quality standards or with
 1771  current best management practice requirements set forth in any
 1772  applicable regulatory program authorized by law for the purpose
 1773  of protecting water quality. Additionally, subparagraphs 1. and
 1774  2. are applicable only to the extent that they do not conflict
 1775  with any rules adopted by the department that are necessary to
 1776  maintain a federally delegated or approved program.
 1777         (d) Enforcement and verification of basin management action
 1778  plans and management strategies.—
 1779         1. Basin management action plans are enforceable pursuant
 1780  to this section and ss. 403.121, 403.141, and 403.161.
 1781  Management strategies, including best management practices and
 1782  water quality monitoring, are enforceable under this chapter.
 1783         2. No later than January 1, 2017:
 1784         a. The department, in consultation with the water
 1785  management districts and the Department of Agriculture and
 1786  Consumer Services, shall initiate rulemaking to adopt procedures
 1787  to verify implementation of water quality monitoring required in
 1788  lieu of implementation of best management practices or other
 1789  measures pursuant to sub-subparagraph (b)2.g.;
 1790         b. The department, in consultation with the water
 1791  management districts and the Department of Agriculture and
 1792  Consumer Services, shall initiate rulemaking to adopt procedures
 1793  to verify implementation of nonagricultural interim measures,
 1794  best management practices, or other measures adopted by rule
 1795  pursuant to subparagraph (c)1.; and
 1796         c. The Department of Agriculture and Consumer Services, in
 1797  consultation with the water management districts and the
 1798  department, shall initiate rulemaking to adopt procedures to
 1799  verify implementation of agricultural interim measures, best
 1800  management practices, or other measures adopted by rule pursuant
 1801  to subparagraph(c)2.
 1802  
 1803  The rules required under this subparagraph shall include
 1804  enforcement procedures applicable to the landowner, discharger,
 1805  or other responsible person required to implement applicable
 1806  management strategies, including best management practices or
 1807  water quality monitoring as a result of noncompliance.
 1808         3. At least every 2 years, the Department of Agriculture
 1809  and Consumer Services shall perform onsite inspections of each
 1810  agricultural producer that enrolls in a best management practice
 1811  to ensure that such practice is being properly implemented. Such
 1812  verification must include a collection and review of the best
 1813  management practice documentation from the previous 2 years
 1814  required by rules adopted pursuant to subparagraph (c)2.,
 1815  including, but not limited to, nitrogen and phosphorus
 1816  fertilizer application records, which must be collected and
 1817  retained pursuant to subparagraphs (c)3., 4., and 6. The
 1818  Department of Agriculture and Consumer Services shall initially
 1819  prioritize the inspection of agricultural producers located in
 1820  the basin management action plans for Lake Okeechobee, the
 1821  Indian River Lagoon, the Caloosahatchee River and Estuary, and
 1822  Silver Springs.
 1823         (e) Cooperative agricultural regional water quality
 1824  improvement element.—
 1825         1. The department, the Department of Agriculture and
 1826  Consumer Services, and owners of agricultural operations in the
 1827  basin shall develop a cooperative agricultural regional water
 1828  quality improvement element as part of a basin management action
 1829  plan only if:
 1830         a. Agricultural measures have been adopted by the
 1831  Department of Agriculture and Consumer Services pursuant to
 1832  subparagraph (c)2. and have been implemented and the waterbody
 1833  remains impaired;
 1834         b. Agricultural nonpoint sources contribute to at least 20
 1835  percent of nonpoint source nutrient discharges; and
 1836         c. The department determines that additional measures, in
 1837  combination with state-sponsored regional projects and other
 1838  management strategies included in the basin management action
 1839  plan, are necessary to achieve the total maximum daily load.
 1840         2. The element will be implemented through the use of cost
 1841  sharing projects. The element must include cost-effective and
 1842  technically and financially practical cooperative regional
 1843  agricultural nutrient reduction projects that can be implemented
 1844  on private properties on a site-specific, cooperative basis.
 1845  Such cooperative regional agricultural nutrient reduction
 1846  projects may include land acquisition in fee or conservation
 1847  easements on the lands of willing sellers and site-specific
 1848  water quality improvement or dispersed water management projects
 1849  on the lands of project participants.
 1850         3. To qualify for participation in the cooperative
 1851  agricultural regional water quality improvement element, the
 1852  participant must have already implemented and be in compliance
 1853  with best management practices or other measures adopted by the
 1854  Department of Agriculture and Consumer Services pursuant to
 1855  subparagraph (c)2. The element may be included in the basin
 1856  management action plan as a part of the next 5-year assessment
 1857  under subparagraph (a)6.
 1858         4. The department may submit a legislative budget request
 1859  to fund projects developed pursuant to this paragraph. In
 1860  allocating funds for projects funded pursuant to this paragraph,
 1861  the department shall provide at least 20 percent of its annual
 1862  appropriation for projects in subbasins with the highest
 1863  nutrient concentrations within a basin management action plan.
 1864         (f) Data collection and research.—
 1865         1. The Department of Agriculture and Consumer Services, in
 1866  cooperation with the University of Florida Institute of Food and
 1867  Agricultural Sciences and other state universities and Florida
 1868  College System institutions that have agricultural research
 1869  programs, shall annually develop research plans and legislative
 1870  budget requests to:
 1871         a. Evaluate and suggest enhancements to the existing
 1872  adopted agricultural best management practices to reduce
 1873  nutrient runoff;
 1874         b. Develop new best management practices that, if proven
 1875  effective, the Department of Agriculture and Consumer Services
 1876  may adopt by rule pursuant to subparagraph (c)2.; and
 1877         c. Develop agricultural nutrient runoff reduction projects
 1878  that willing participants could implement on a site-specific,
 1879  cooperative basis, in addition to best management practices. The
 1880  department may consider these projects for inclusion in a basin
 1881  management action plan. These nutrient runoff reduction projects
 1882  must reduce the nutrient impacts from agricultural operations on
 1883  water quality when evaluated with the projects and management
 1884  strategies currently included in the basin management action
 1885  plan.
 1886         2. To be considered for funding, the University of Florida
 1887  Institute of Food and Agricultural Sciences and other state
 1888  universities and Florida College System institutions that have
 1889  agricultural research programs must submit such plans to the
 1890  department and the Department of Agriculture and Consumer
 1891  Services by August 1, 2021, and each May 1 thereafter.
 1892         3. The department shall work with the University of Florida
 1893  Institute of Food and Agricultural Sciences and regulated
 1894  entities to consider the adoption by rule of best management
 1895  practices for nutrient impacts from golf courses. Such adopted
 1896  best management practices are subject to the requirements of
 1897  paragraph (c).
 1898         Section 14. Section 403.0671, Florida Statutes, is created
 1899  to read:
 1900         403.0671 Basin management action plan wastewater reports.—
 1901         (1) By July 1, 2021, the department, in coordination with
 1902  the county health departments, wastewater treatment facilities,
 1903  and other governmental entities, shall submit a report to the
 1904  Governor, the President of the Senate, and the Speaker of the
 1905  House of Representatives evaluating the costs of wastewater
 1906  projects identified in the basin management action plans
 1907  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1908  sewage treatment and disposal system remediation plans and other
 1909  restoration plans developed to meet the total maximum daily
 1910  loads required under s. 403.067. The report must include:
 1911         (a) Projects to:
 1912         1. Replace onsite sewage treatment and disposal systems
 1913  with enhanced nutrient-reducing onsite sewage treatment and
 1914  disposal systems.
 1915         2. Install or retrofit onsite sewage treatment and disposal
 1916  systems with enhanced nutrient-reducing technologies.
 1917         3. Construct, upgrade, or expand domestic wastewater
 1918  treatment facilities to meet the wastewater treatment plan
 1919  required under s. 403.067(7)(a)9.
 1920         4. Connect onsite sewage treatment and disposal systems to
 1921  domestic wastewater treatment facilities;
 1922         (b) The estimated costs, nutrient load reduction estimates,
 1923  and other benefits of each project;
 1924         (c) The estimated implementation timeline for each project;
 1925         (d) A proposed 5-year funding plan for each project and the
 1926  source and amount of financial assistance the department, a
 1927  water management district, or other project partner will make
 1928  available to fund the project; and
 1929         (e) The projected costs of installing enhanced nutrient
 1930  reducing onsite sewage treatment and disposal systems on
 1931  buildable lots in priority focus areas to comply with s.
 1932  373.811.
 1933         (2) By July 1, 2021, the department shall submit a report
 1934  to the Governor, the President of the Senate, and the Speaker of
 1935  the House of Representatives that provides an assessment of the
 1936  water quality monitoring being conducted for each basin
 1937  management action plan implementing a nutrient total maximum
 1938  daily load. In developing the report, the department may
 1939  coordinate with water management districts and any applicable
 1940  university. The report must:
 1941         (a) Evaluate the water quality monitoring prescribed for
 1942  each basin management action plan to determine if it is
 1943  sufficient to detect changes in water quality caused by the
 1944  implementation of a project.
 1945         (b) Identify gaps in water quality monitoring.
 1946         (c) Recommend water quality monitoring needs.
 1947         (3) Beginning January 1, 2022, and each January 1
 1948  thereafter, the department shall submit to the Office of
 1949  Economic and Demographic Research the cost estimates for
 1950  projects required in s. 403.067(7)(a)9. The office shall include
 1951  the project cost estimates in its annual assessment conducted
 1952  pursuant to s. 403.928.
 1953         Section 15. Section 403.0673, Florida Statutes, is created
 1954  to read:
 1955         403.0673 Wastewater grant program.—A wastewater grant
 1956  program is established within the Department of Environmental
 1957  Protection.
 1958         (1) Subject to the appropriation of funds by the
 1959  Legislature, the department may provide grants for the following
 1960  projects within a basin management action plan, an alternative
 1961  restoration plan adopted by final order, or a rural area of
 1962  opportunity under s. 288.0656 which will individually or
 1963  collectively reduce excess nutrient pollution:
 1964         (a) Projects to retrofit onsite sewage treatment and
 1965  disposal systems to upgrade such systems to enhanced nutrient
 1966  reducing onsite sewage treatment and disposal systems.
 1967         (b) Projects to construct, upgrade, or expand facilities to
 1968  provide advanced waste treatment, as defined in s. 403.086(4).
 1969         (c) Projects to connect onsite sewage treatment and
 1970  disposal systems to central sewer facilities.
 1971         (2) In allocating such funds, priority must be given to
 1972  projects that subsidize the connection of onsite sewage
 1973  treatment and disposal systems to wastewater treatment
 1974  facilities. First priority must be given to subsidize the
 1975  connection of onsite sewage treatment and disposal systems to
 1976  existing infrastructure. Second priority must be given to any
 1977  expansion of a collection or transmission system that promotes
 1978  efficiency by planning the installation of wastewater
 1979  transmission facilities to be constructed concurrently with
 1980  other construction projects occurring within or along a
 1981  transportation facility right-of-way. Third priority must be
 1982  given to all other connections of onsite sewage treatment and
 1983  disposal systems to wastewater treatment facilities. The
 1984  department shall consider the estimated reduction in nutrient
 1985  load per project; project readiness; the cost-effectiveness of
 1986  the project; the overall environmental benefit of a project; the
 1987  location of a project; the availability of local matching funds;
 1988  and projected water savings or quantity improvements associated
 1989  with a project.
 1990         (3) Each grant for a project described in subsection (1)
 1991  must require a minimum of a 50 percent local match of funds.
 1992  However, the department may, at its discretion, waive, in whole
 1993  or in part, this consideration of the local contribution for
 1994  proposed projects within an area designated as a rural area of
 1995  opportunity under s. 288.0656.
 1996         (4) The department shall coordinate with each water
 1997  management district, as necessary, to identify grant recipients
 1998  in each district.
 1999         (5) Beginning January 1, 2021, and each January 1
 2000  thereafter, the department shall submit a report regarding the
 2001  projects funded pursuant to this section to the Governor, the
 2002  President of the Senate, and the Speaker of the House of
 2003  Representatives.
 2004         Section 16. Section 403.0855, Florida Statutes, is created
 2005  to read:
 2006         403.0855 Biosolids management.—
 2007         (1) The Legislature finds that it is in the best interest
 2008  of this state to regulate biosolids management in order to
 2009  minimize the migration of nutrients that impair water bodies.
 2010  The Legislature further finds that permitting according to site
 2011  specific application conditions, an increased inspection rate,
 2012  groundwater and surface water monitoring protocols, and nutrient
 2013  management research will improve biosolids management and assist
 2014  in protecting this state’s water resources and water quality.
 2015         (2) The department shall adopt rules for biosolids
 2016  management. Rules adopted by the department pursuant to this
 2017  section may not take effect until ratified by the Legislature.
 2018         (3) For a new land application site permit or a permit
 2019  renewal issued after July 1, 2020, the permittee of a biosolids
 2020  land application site shall:
 2021         (a) Ensure a minimum unsaturated soil depth of 2 feet
 2022  between the depth of biosolids placement and the water table
 2023  level at the time the Class A or Class B biosolids are applied
 2024  to the soil. Biosolids may not be applied on soils that have a
 2025  seasonal high-water table less than 6 inches from the soil
 2026  surface or within 6 inches of the intended depth of biosolids
 2027  placement, unless a department-approved nutrient management plan
 2028  and water quality monitoring plan provide reasonable assurances
 2029  that the land application of biosolids at the site will not
 2030  cause or contribute to a violation of the state’s surface water
 2031  quality standards or groundwater standards. As used in this
 2032  subsection, the term “seasonal high water” means the elevation
 2033  to which the ground and surface water may be expected to rise
 2034  due to a normal wet season.
 2035         (b) Be enrolled in the Department of Agriculture and
 2036  Consumer Service’s best management practices program or be
 2037  within an agricultural operation enrolled in the program for the
 2038  applicable commodity type.
 2039         (4) All permits shall comply with the requirements of
 2040  subsection (3) by July 1, 2022.
 2041         (5) New or renewed biosolids land application site or
 2042  facility permits issued after July 1, 2020, must comply with
 2043  this section and include a permit condition that requires the
 2044  permit to be reopened to insert a compliance date of no later
 2045  than 1 year after the effective date of the rules adopted
 2046  pursuant to subsection (2). All permits must meet the
 2047  requirements of the rules adopted pursuant to subsection (2) no
 2048  later than 2 years after the effective date of such rules.
 2049         (6) A municipality or county may enforce or extend a local
 2050  ordinance, regulation, resolution, rule, moratorium, or policy,
 2051  any of which was adopted before November 1, 2019, relating to
 2052  the land application of Class A or Class B biosolids until the
 2053  ordinance, regulation, resolution, rule, moratorium, or policy
 2054  is repealed by the municipality or county.
 2055         Section 17. Present subsections (7) through (10) of section
 2056  403.086, Florida Statutes, are redesignated as subsections (8)
 2057  through (11), respectively, subsections (1) and (2) are amended,
 2058  and a new subsection (7) is added to that section, to read:
 2059         403.086 Sewage disposal facilities; advanced and secondary
 2060  waste treatment.—
 2061         (1)(a) Neither The Department of Health or nor any other
 2062  state agency, county, special district, or municipality may not
 2063  shall approve construction of any sewage disposal facilities for
 2064  sanitary sewage disposal which do not provide for secondary
 2065  waste treatment and, in addition thereto, advanced waste
 2066  treatment as deemed necessary and ordered by the department.
 2067         (b) Sewage disposal No facilities for sanitary sewage
 2068  disposal constructed after June 14, 1978, may not shall dispose
 2069  of any wastes by deep well injection without providing for
 2070  secondary waste treatment and, in addition thereto, advanced
 2071  waste treatment deemed necessary by the department to protect
 2072  adequately the beneficial use of the receiving waters.
 2073         (c) Notwithstanding any other provisions of this chapter or
 2074  chapter 373, sewage disposal facilities for sanitary sewage
 2075  disposal may not dispose of any wastes into Old Tampa Bay, Tampa
 2076  Bay, Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound,
 2077  Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay,
 2078  Lemon Bay, or Charlotte Harbor Bay, or, beginning July 1, 2025,
 2079  Indian River Lagoon, or into any river, stream, channel, canal,
 2080  bay, bayou, sound, or other water tributary thereto, without
 2081  providing advanced waste treatment, as defined in subsection
 2082  (4), approved by the department. This paragraph does shall not
 2083  apply to facilities which were permitted by February 1, 1987,
 2084  and which discharge secondary treated effluent, followed by
 2085  water hyacinth treatment, to tributaries of tributaries of the
 2086  named waters; or to facilities permitted to discharge to the
 2087  nontidally influenced portions of the Peace River.
 2088         (d) By December 31, 2020, the department, in consultation
 2089  with the water management districts and sewage disposal
 2090  facilities, shall submit to the Governor, the President of the
 2091  Senate, and the Speaker of the House of Representatives a
 2092  progress report on the status of upgrades made by each facility
 2093  to meet the advanced waste treatment requirements under
 2094  paragraph (c). The report must include a list of sewage disposal
 2095  facilities required to upgrade to advanced waste treatment, the
 2096  preliminary cost estimates for the upgrades, and a projected
 2097  timeline of the dates by which the upgrades will begin and be
 2098  completed and the date by which operations of the upgraded
 2099  facility will begin.
 2100         (2) All sewage disposal Any facilities for sanitary sewage
 2101  disposal shall provide for secondary waste treatment, a power
 2102  outage contingency plan that mitigates the impacts of power
 2103  outages on the utility’s collection system and pump stations,
 2104  and, in addition thereto, advanced waste treatment as deemed
 2105  necessary and ordered by the Department of Environmental
 2106  Protection. Failure to conform is shall be punishable by a civil
 2107  penalty of $500 for each 24-hour day or fraction thereof that
 2108  such failure is allowed to continue thereafter.
 2109         (7) All sewage disposal facilities under subsection (2)
 2110  which control a collection or transmission system of pipes and
 2111  pumps to collect and transmit wastewater from domestic or
 2112  industrial sources to the facility shall take steps to prevent
 2113  sanitary sewer overflows or underground pipe leaks and ensure
 2114  that collected wastewater reaches the facility for appropriate
 2115  treatment. Facilities must use inflow and infiltration studies
 2116  and leakage surveys to develop pipe assessment, repair, and
 2117  replacement action plans with a 5-year planning horizon that
 2118  comply with department rule to limit, reduce, and eliminate
 2119  leaks, seepages, or inputs into wastewater treatment systems’
 2120  underground pipes. The pipe assessment, repair, and replacement
 2121  action plans must be reported to the department. The facility
 2122  action plans must include information regarding the annual
 2123  expenditures dedicated to the inflow and infiltration studies
 2124  and the required replacement action plans; expenditures that are
 2125  dedicated to pipe assessment, repair, and replacement; and
 2126  expenditures designed to limit the presence of fats, roots,
 2127  oils, and grease in the facility’s collection system. The
 2128  department shall adopt rules regarding the implementation of
 2129  inflow and infiltration studies and leakage surveys; however,
 2130  such rules may not fix or revise utility rates or budgets. A
 2131  utility or an operating entity subject to this subsection and s.
 2132  403.061(14) may submit one report to comply with both
 2133  requirements. Substantial compliance with this subsection is
 2134  evidence in mitigation for the purposes of assessing penalties
 2135  pursuant to ss. 403.121 and 403.141.
 2136         Section 18. Present subsections (4) through (10) of section
 2137  403.087, Florida Statutes, are redesignated as subsections (5)
 2138  through (11), respectively, and a new subsection (4) is added to
 2139  that section, to read:
 2140         403.087 Permits; general issuance; denial; revocation;
 2141  prohibition; penalty.—
 2142         (4) The department shall issue an operation permit for a
 2143  domestic wastewater treatment facility other than a facility
 2144  regulated under the National Pollutant Discharge Elimination
 2145  System Program under s. 403.0885 for a term of up to 10 years if
 2146  the facility is meeting the stated goals in its action plan
 2147  adopted pursuant to s. 403.086(7).
 2148         Section 19. Present subsections (3) and (4) of section
 2149  403.088, Florida Statutes, are redesignated as subsections (4)
 2150  and (5), respectively, paragraph (c) of subsection (2) is
 2151  amended, and a new subsection (3) is added to that section, to
 2152  read:
 2153         403.088 Water pollution operation permits; conditions.—
 2154         (2)
 2155         (c) A permit shall:
 2156         1. Specify the manner, nature, volume, and frequency of the
 2157  discharge permitted;
 2158         2. Require proper operation and maintenance of any
 2159  pollution abatement facility by qualified personnel in
 2160  accordance with standards established by the department;
 2161         3. Require a deliberate, proactive approach to
 2162  investigating or surveying a significant percentage of the
 2163  domestic wastewater collection system throughout the duration of
 2164  the permit to determine pipe integrity, which must be
 2165  accomplished in an economically feasible manner. The permittee
 2166  shall submit an annual report to the department which details
 2167  facility revenues and expenditures in a manner prescribed by
 2168  department rule. The report must detail any deviation of annual
 2169  expenditures from identified system needs related to inflow and
 2170  infiltration studies; model plans for pipe assessment, repair,
 2171  and replacement; and pipe assessment, repair, and replacement
 2172  required under s. 403.086(7). Substantial compliance with this
 2173  subsection is evidence in mitigation for the purposes of
 2174  assessing penalties pursuant to ss. 403.121 and 403.141;
 2175         4.3. Contain such additional conditions, requirements, and
 2176  restrictions as the department deems necessary to preserve and
 2177  protect the quality of the receiving waters;
 2178         5.4. Be valid for the period of time specified therein; and
 2179         6.5. Constitute the state National Pollutant Discharge
 2180  Elimination System permit when issued pursuant to the authority
 2181  in s. 403.0885.
 2182         (3) No later than March 1 of each year, the department
 2183  shall submit a report to the Governor, the President of the
 2184  Senate, and the Speaker of the House of Representatives which
 2185  identifies all domestic wastewater treatment facilities that
 2186  experienced a sanitary sewer overflow in the preceding calendar
 2187  year. The report must identify the name of the utility or
 2188  responsible operating entity, permitted capacity in annual
 2189  average gallons per day, number of overflows, type of water
 2190  discharged, total volume of sewage released, and, to the extent
 2191  known and available, volume of sewage recovered, volume of
 2192  sewage discharged to surface waters, and cause of the sanitary
 2193  sewer overflow, including whether the overflow was caused by a
 2194  third party. The department shall include with this report the
 2195  annual report specified under subparagraph (2)(c)3. for each
 2196  utility that experienced an overflow.
 2197         Section 20. Subsection (6) of section 403.0891, Florida
 2198  Statutes, is amended to read:
 2199         403.0891 State, regional, and local stormwater management
 2200  plans and programs.—The department, the water management
 2201  districts, and local governments shall have the responsibility
 2202  for the development of mutually compatible stormwater management
 2203  programs.
 2204         (6) The department and the Department of Economic
 2205  Opportunity, in cooperation with local governments in the
 2206  coastal zone, shall develop a model stormwater management
 2207  program that could be adopted by local governments. The model
 2208  program must contain model ordinances that target nutrient
 2209  reduction practices and use green infrastructure. The model
 2210  program shall contain dedicated funding options, including a
 2211  stormwater utility fee system based upon an equitable unit cost
 2212  approach. Funding options shall be designed to generate capital
 2213  to retrofit existing stormwater management systems, build new
 2214  treatment systems, operate facilities, and maintain and service
 2215  debt.
 2216         Section 21. Paragraphs (b) and (g) of subsection (2),
 2217  paragraph (b) of subsection (3), and subsections (8) and (9) of
 2218  section 403.121, Florida Statutes, are amended to read:
 2219         403.121 Enforcement; procedure; remedies.—The department
 2220  shall have the following judicial and administrative remedies
 2221  available to it for violations of this chapter, as specified in
 2222  s. 403.161(1).
 2223         (2) Administrative remedies:
 2224         (b) If the department has reason to believe a violation has
 2225  occurred, it may institute an administrative proceeding to order
 2226  the prevention, abatement, or control of the conditions creating
 2227  the violation or other appropriate corrective action. Except for
 2228  violations involving hazardous wastes, asbestos, or underground
 2229  injection, the department shall proceed administratively in all
 2230  cases in which the department seeks administrative penalties
 2231  that do not exceed $50,000 $10,000 per assessment as calculated
 2232  in accordance with subsections (3), (4), (5), (6), and (7).
 2233  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 2234  assessed pursuant to subsection (3), subsection (4), or
 2235  subsection (5) against a public water system serving a
 2236  population of more than 10,000 may not shall be not less than
 2237  $1,000 per day per violation. The department may shall not
 2238  impose administrative penalties in excess of $50,000 $10,000 in
 2239  a notice of violation. The department may shall not have more
 2240  than one notice of violation seeking administrative penalties
 2241  pending against the same party at the same time unless the
 2242  violations occurred at a different site or the violations were
 2243  discovered by the department subsequent to the filing of a
 2244  previous notice of violation.
 2245         (g) This subsection does not prevent Nothing herein shall
 2246  be construed as preventing any other legal or administrative
 2247  action in accordance with law and does not. Nothing in this
 2248  subsection shall limit the department’s authority provided in s.
 2249  ss. 403.131, s. 403.141, and this section to judicially pursue
 2250  injunctive relief. When the department exercises its authority
 2251  to judicially pursue injunctive relief, penalties in any amount
 2252  up to the statutory maximum sought by the department must be
 2253  pursued as part of the state court action and not by initiating
 2254  a separate administrative proceeding. The department retains the
 2255  authority to judicially pursue penalties in excess of $50,000
 2256  $10,000 for violations not specifically included in the
 2257  administrative penalty schedule, or for multiple or multiday
 2258  violations alleged to exceed a total of $50,000 $10,000. The
 2259  department also retains the authority provided in ss. 403.131,
 2260  403.141, and this section to judicially pursue injunctive relief
 2261  and damages, if a notice of violation seeking the imposition of
 2262  administrative penalties has not been issued. The department has
 2263  the authority to enter into a settlement, either before or after
 2264  initiating a notice of violation, and the settlement may include
 2265  a penalty amount different from the administrative penalty
 2266  schedule. Any case filed in state court because it is alleged to
 2267  exceed a total of $50,000 $10,000 in penalties may be settled in
 2268  the court action for less than $50,000 $10,000.
 2269         (3) Except for violations involving hazardous wastes,
 2270  asbestos, or underground injection, administrative penalties
 2271  must be calculated according to the following schedule:
 2272         (b) For failure to obtain a required wastewater permit,
 2273  other than a permit required for surface water discharge, the
 2274  department shall assess a penalty of $2,000 $1,000. For a
 2275  domestic or industrial wastewater violation not involving a
 2276  surface water or groundwater quality violation, the department
 2277  shall assess a penalty of $4,000 $2,000 for an unpermitted or
 2278  unauthorized discharge or effluent-limitation exceedance or for
 2279  failure to comply with s. 403.061(14) or s. 403.086(7) or rules
 2280  adopted thereunder. For an unpermitted or unauthorized discharge
 2281  or effluent-limitation exceedance that resulted in a surface
 2282  water or groundwater quality violation, the department shall
 2283  assess a penalty of $10,000 $5,000.
 2284         (8) The direct economic benefit gained by the violator from
 2285  the violation, where consideration of economic benefit is
 2286  provided by Florida law or required by federal law as part of a
 2287  federally delegated or approved program, must shall be added to
 2288  the scheduled administrative penalty. The total administrative
 2289  penalty, including any economic benefit added to the scheduled
 2290  administrative penalty, may shall not exceed $10,000.
 2291         (9) The administrative penalties assessed for any
 2292  particular violation may shall not exceed $10,000 $5,000 against
 2293  any one violator, unless the violator has a history of
 2294  noncompliance, the economic benefit of the violation as
 2295  described in subsection (8) exceeds $10,000 $5,000, or there are
 2296  multiday violations. The total administrative penalties may
 2297  shall not exceed $50,000 $10,000 per assessment for all
 2298  violations attributable to a specific person in the notice of
 2299  violation.
 2300         Section 22. Subsection (7) of section 403.1835, Florida
 2301  Statutes, is amended to read:
 2302         403.1835 Water pollution control financial assistance.—
 2303         (7) Eligible projects must be given priority according to
 2304  the extent each project is intended to remove, mitigate, or
 2305  prevent adverse effects on surface or ground water quality and
 2306  public health. The relative costs of achieving environmental and
 2307  public health benefits must be taken into consideration during
 2308  the department’s assignment of project priorities. The
 2309  department shall adopt a priority system by rule. In developing
 2310  the priority system, the department shall give priority to
 2311  projects that:
 2312         (a) Eliminate public health hazards;
 2313         (b) Enable compliance with laws requiring the elimination
 2314  of discharges to specific water bodies, including the
 2315  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 2316  wastewater ocean outfalls;
 2317         (c) Assist in the implementation of total maximum daily
 2318  loads adopted under s. 403.067;
 2319         (d) Enable compliance with other pollution control
 2320  requirements, including, but not limited to, toxics control,
 2321  wastewater residuals management, and reduction of nutrients and
 2322  bacteria;
 2323         (e) Assist in the implementation of surface water
 2324  improvement and management plans and pollutant load reduction
 2325  goals developed under state water policy;
 2326         (f) Promote reclaimed water reuse;
 2327         (g) Eliminate failing onsite sewage treatment and disposal
 2328  systems or those that are causing environmental damage; or
 2329         (h) Reduce pollutants to and otherwise promote the
 2330  restoration of Florida’s surface and ground waters;.
 2331         (i)Implement the requirements of s. 403.086(7) or s.
 2332  403.088(2)(c); or
 2333         (j)Promote efficiency by planning for the installation of
 2334  wastewater transmission facilities to be constructed
 2335  concurrently with other construction projects occurring within
 2336  or along a transportation facility right-of-way.
 2337         Section 23. Paragraph (b) of subsection (3) of section
 2338  403.1838, Florida Statutes, is amended to read:
 2339         403.1838 Small Community Sewer Construction Assistance
 2340  Act.—
 2341         (3)
 2342         (b) The rules of the Environmental Regulation Commission
 2343  must:
 2344         1. Require that projects to plan, design, construct,
 2345  upgrade, or replace wastewater collection, transmission,
 2346  treatment, disposal, and reuse facilities be cost-effective,
 2347  environmentally sound, permittable, and implementable.
 2348         2. Require appropriate user charges, connection fees, and
 2349  other charges sufficient to ensure the long-term operation,
 2350  maintenance, and replacement of the facilities constructed under
 2351  each grant.
 2352         3. Require grant applications to be submitted on
 2353  appropriate forms with appropriate supporting documentation, and
 2354  require records to be maintained.
 2355         4. Establish a system to determine eligibility of grant
 2356  applications.
 2357         5. Establish a system to determine the relative priority of
 2358  grant applications. The system must consider public health
 2359  protection and water pollution prevention or abatement and must
 2360  prioritize projects that plan for the installation of wastewater
 2361  transmission facilities to be constructed concurrently with
 2362  other construction projects occurring within or along a
 2363  transportation facility right-of-way.
 2364         6. Establish requirements for competitive procurement of
 2365  engineering and construction services, materials, and equipment.
 2366         7. Provide for termination of grants when program
 2367  requirements are not met.
 2368         Section 24. Subsection (9) is added to section 403.412,
 2369  Florida Statutes, to read:
 2370         403.412 Environmental Protection Act.—
 2371         (9)(a)A local government regulation, ordinance, code,
 2372  rule, comprehensive plan, charter, or any other provision of law
 2373  may not recognize or grant any legal rights to a plant, an
 2374  animal, a body of water, or any other part of the natural
 2375  environment that is not a person or political subdivision as
 2376  defined in s. 1.01(8) or grant such person or political
 2377  subdivision any specific rights relating to the natural
 2378  environment not otherwise authorized in general law or
 2379  specifically granted in the State Constitution.
 2380         (b) This subsection does not limit the power of an
 2381  adversely affected party to challenge the consistency of a
 2382  development order with a comprehensive plan as provided in s.
 2383  163.3215 or to file an action for injunctive relief to enforce
 2384  the terms of a development agreement or challenge compliance of
 2385  the agreement as provided in s. 163.3243.
 2386         (c)This subsection does not limit the standing of the
 2387  Department of Legal Affairs, a political subdivision or
 2388  municipality of the state, or a citizen of the state to maintain
 2389  an action for injunctive relief as provided in this section.
 2390         Section 25. The Legislature determines and declares that
 2391  this act fulfills an important state interest.
 2392         Section 26. Effective July 1, 2021, subsection (5) of
 2393  section 153.54, Florida Statutes, is amended to read:
 2394         153.54 Preliminary report by county commissioners with
 2395  respect to creation of proposed district.—Upon receipt of a
 2396  petition duly signed by not less than 25 qualified electors who
 2397  are also freeholders residing within an area proposed to be
 2398  incorporated into a water and sewer district pursuant to this
 2399  law and describing in general terms the proposed boundaries of
 2400  such proposed district, the board of county commissioners if it
 2401  shall deem it necessary and advisable to create and establish
 2402  such proposed district for the purpose of constructing,
 2403  establishing or acquiring a water system or a sewer system or
 2404  both in and for such district (herein called “improvements”),
 2405  shall first cause a preliminary report to be made which such
 2406  report together with any other relevant or pertinent matters,
 2407  shall include at least the following:
 2408         (5) For the construction of a new proposed central sewerage
 2409  system or the extension of an existing sewerage system that was
 2410  not previously approved, the report shall include a study that
 2411  includes the available information from the Department of
 2412  Environmental Protection Health on the history of onsite sewage
 2413  treatment and disposal systems currently in use in the area and
 2414  a comparison of the projected costs to the owner of a typical
 2415  lot or parcel of connecting to and using the proposed sewerage
 2416  system versus installing, operating, and properly maintaining an
 2417  onsite sewage treatment and disposal system that is approved by
 2418  the Department of Environmental Protection Health and that
 2419  provides for the comparable level of environmental and health
 2420  protection as the proposed central sewerage system;
 2421  consideration of the local authority’s obligations or reasonably
 2422  anticipated obligations for water body cleanup and protection
 2423  under state or federal programs, including requirements for
 2424  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2425  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2426  deemed relevant by the local authority.
 2427  
 2428  Such report shall be filed in the office of the clerk of the
 2429  circuit court and shall be open for the inspection of any
 2430  taxpayer, property owner, qualified elector or any other
 2431  interested or affected person.
 2432         Section 27. Effective July 1, 2021, paragraph (c) of
 2433  subsection (2) of section 153.73, Florida Statutes, is amended
 2434  to read:
 2435         153.73 Assessable improvements; levy and payment of special
 2436  assessments.—Any district may provide for the construction or
 2437  reconstruction of assessable improvements as defined in s.
 2438  153.52, and for the levying of special assessments upon
 2439  benefited property for the payment thereof, under the provisions
 2440  of this section.
 2441         (2)
 2442         (c) For the construction of a new proposed central sewerage
 2443  system or the extension of an existing sewerage system that was
 2444  not previously approved, the report shall include a study that
 2445  includes the available information from the Department of
 2446  Environmental Protection Health on the history of onsite sewage
 2447  treatment and disposal systems currently in use in the area and
 2448  a comparison of the projected costs to the owner of a typical
 2449  lot or parcel of connecting to and using the proposed sewerage
 2450  system versus installing, operating, and properly maintaining an
 2451  onsite sewage treatment and disposal system that is approved by
 2452  the Department of Environmental Protection Health and that
 2453  provides for the comparable level of environmental and health
 2454  protection as the proposed central sewerage system;
 2455  consideration of the local authority’s obligations or reasonably
 2456  anticipated obligations for water body cleanup and protection
 2457  under state or federal programs, including requirements for
 2458  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 2459  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 2460  deemed relevant by the local authority.
 2461         Section 28. Effective July 1, 2021, subsection (2) of
 2462  section 163.3180, Florida Statutes, is amended to read:
 2463         163.3180 Concurrency.—
 2464         (2) Consistent with public health and safety, sanitary
 2465  sewer, solid waste, drainage, adequate water supplies, and
 2466  potable water facilities shall be in place and available to
 2467  serve new development no later than the issuance by the local
 2468  government of a certificate of occupancy or its functional
 2469  equivalent. Prior to approval of a building permit or its
 2470  functional equivalent, the local government shall consult with
 2471  the applicable water supplier to determine whether adequate
 2472  water supplies to serve the new development will be available no
 2473  later than the anticipated date of issuance by the local
 2474  government of a certificate of occupancy or its functional
 2475  equivalent. A local government may meet the concurrency
 2476  requirement for sanitary sewer through the use of onsite sewage
 2477  treatment and disposal systems approved by the Department of
 2478  Environmental Protection Health to serve new development.
 2479         Section 29. Effective July 1, 2021, subsection (3) of
 2480  section 180.03, Florida Statutes, is amended to read:
 2481         180.03 Resolution or ordinance proposing construction or
 2482  extension of utility; objections to same.—
 2483         (3) For the construction of a new proposed central sewerage
 2484  system or the extension of an existing central sewerage system
 2485  that was not previously approved, the report shall include a
 2486  study that includes the available information from the
 2487  Department of Environmental Protection Health on the history of
 2488  onsite sewage treatment and disposal systems currently in use in
 2489  the area and a comparison of the projected costs to the owner of
 2490  a typical lot or parcel of connecting to and using the proposed
 2491  central sewerage system versus installing, operating, and
 2492  properly maintaining an onsite sewage treatment and disposal
 2493  system that is approved by the Department of Environmental
 2494  Protection Health and that provides for the comparable level of
 2495  environmental and health protection as the proposed central
 2496  sewerage system; consideration of the local authority’s
 2497  obligations or reasonably anticipated obligations for water body
 2498  cleanup and protection under state or federal programs,
 2499  including requirements for water bodies listed under s. 303(d)
 2500  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 2501  et seq.; and other factors deemed relevant by the local
 2502  authority. The results of such a study shall be included in the
 2503  resolution or ordinance required under subsection (1).
 2504         Section 30. Subsections (2), (3), and (6) of section
 2505  311.105, Florida Statutes, are amended to read:
 2506         311.105 Florida Seaport Environmental Management Committee;
 2507  permitting; mitigation.—
 2508         (2) Each application for a permit authorized pursuant to s.
 2509  403.061(38) s. 403.061(37) must include:
 2510         (a) A description of maintenance dredging activities to be
 2511  conducted and proposed methods of dredged-material management.
 2512         (b) A characterization of the materials to be dredged and
 2513  the materials within dredged-material management sites.
 2514         (c) A description of dredged-material management sites and
 2515  plans.
 2516         (d) A description of measures to be undertaken, including
 2517  environmental compliance monitoring, to minimize adverse
 2518  environmental effects of maintenance dredging and dredged
 2519  material management.
 2520         (e) Such scheduling information as is required to
 2521  facilitate state supplementary funding of federal maintenance
 2522  dredging and dredged-material management programs consistent
 2523  with beach restoration criteria of the Department of
 2524  Environmental Protection.
 2525         (3) Each application for a permit authorized pursuant to s.
 2526  403.061(39) s. 403.061(38) must include the provisions of
 2527  paragraphs (2)(b)-(e) and the following:
 2528         (a) A description of dredging and dredged-material
 2529  management and other related activities associated with port
 2530  development, including the expansion of navigation channels,
 2531  dredged-material management sites, port harbors, turning basins,
 2532  harbor berths, and associated facilities.
 2533         (b) A discussion of environmental mitigation as is proposed
 2534  for dredging and dredged-material management for port
 2535  development, including the expansion of navigation channels,
 2536  dredged-material management sites, port harbors, turning basins,
 2537  harbor berths, and associated facilities.
 2538         (6) Dredged-material management activities authorized
 2539  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 2540  shall be incorporated into port master plans developed pursuant
 2541  to s. 163.3178(2)(k).
 2542         Section 31. Paragraph (d) of subsection (1) of section
 2543  327.46, Florida Statutes, is amended to read:
 2544         327.46 Boating-restricted areas.—
 2545         (1) Boating-restricted areas, including, but not limited
 2546  to, restrictions of vessel speeds and vessel traffic, may be
 2547  established on the waters of this state for any purpose
 2548  necessary to protect the safety of the public if such
 2549  restrictions are necessary based on boating accidents,
 2550  visibility, hazardous currents or water levels, vessel traffic
 2551  congestion, or other navigational hazards or to protect
 2552  seagrasses on privately owned submerged lands.
 2553         (d) Owners of private submerged lands that are adjacent to
 2554  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 2555  403.061(27), or an aquatic preserve established under ss.
 2556  258.39-258.399 may request that the commission establish
 2557  boating-restricted areas solely to protect any seagrass and
 2558  contiguous seagrass habitat within their private property
 2559  boundaries from seagrass scarring due to propeller dredging.
 2560  Owners making a request pursuant to this paragraph must
 2561  demonstrate to the commission clear ownership of the submerged
 2562  lands. The commission shall adopt rules to implement this
 2563  paragraph, including, but not limited to, establishing an
 2564  application process and criteria for meeting the requirements of
 2565  this paragraph. Each approved boating-restricted area shall be
 2566  established by commission rule. For marking boating-restricted
 2567  zones established pursuant to this paragraph, owners of
 2568  privately submerged lands shall apply to the commission for a
 2569  uniform waterway marker permit in accordance with ss. 327.40 and
 2570  327.41, and shall be responsible for marking the boating
 2571  restricted zone in accordance with the terms of the permit.
 2572         Section 32. Paragraph (d) of subsection (3) of section
 2573  373.250, Florida Statutes, is amended to read:
 2574         373.250 Reuse of reclaimed water.—
 2575         (3)
 2576         (d) The South Florida Water Management District shall
 2577  require the use of reclaimed water made available by the
 2578  elimination of wastewater ocean outfall discharges as provided
 2579  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 2580  groundwater when the use of reclaimed water is available; is
 2581  environmentally, economically, and technically feasible; and is
 2582  of such quality and reliability as is necessary to the user.
 2583  Such reclaimed water may also be required in lieu of other
 2584  alternative sources. In determining whether to require such
 2585  reclaimed water in lieu of other alternative sources, the water
 2586  management district shall consider existing infrastructure
 2587  investments in place or obligated to be constructed by an
 2588  executed contract or similar binding agreement as of July 1,
 2589  2011, for the development of other alternative sources.
 2590         Section 33. Subsection (9) of section 373.414, Florida
 2591  Statutes, is amended to read:
 2592         373.414 Additional criteria for activities in surface
 2593  waters and wetlands.—
 2594         (9) The department and the governing boards, on or before
 2595  July 1, 1994, shall adopt rules to incorporate the provisions of
 2596  this section, relying primarily on the existing rules of the
 2597  department and the water management districts, into the rules
 2598  governing the management and storage of surface waters. Such
 2599  rules shall seek to achieve a statewide, coordinated and
 2600  consistent permitting approach to activities regulated under
 2601  this part. Variations in permitting criteria in the rules of
 2602  individual water management districts or the department shall
 2603  only be provided to address differing physical or natural
 2604  characteristics. Such rules adopted pursuant to this subsection
 2605  shall include the special criteria adopted pursuant to s.
 2606  403.061(30) s. 403.061(29) and may include the special criteria
 2607  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 2608  shall include a provision requiring that a notice of intent to
 2609  deny or a permit denial based upon this section shall contain an
 2610  explanation of the reasons for such denial and an explanation,
 2611  in general terms, of what changes, if any, are necessary to
 2612  address such reasons for denial. Such rules may establish
 2613  exemptions and general permits, if such exemptions and general
 2614  permits do not allow significant adverse impacts to occur
 2615  individually or cumulatively. Such rules may require submission
 2616  of proof of financial responsibility which may include the
 2617  posting of a bond or other form of surety prior to the
 2618  commencement of construction to provide reasonable assurance
 2619  that any activity permitted pursuant to this section, including
 2620  any mitigation for such permitted activity, will be completed in
 2621  accordance with the terms and conditions of the permit once the
 2622  construction is commenced. Until rules adopted pursuant to this
 2623  subsection become effective, existing rules adopted under this
 2624  part and rules adopted pursuant to the authority of ss. 403.91
 2625  403.929 shall be deemed authorized under this part and shall
 2626  remain in full force and effect. Neither the department nor the
 2627  governing boards are limited or prohibited from amending any
 2628  such rules.
 2629         Section 34. Paragraph (b) of subsection (4) of section
 2630  373.705, Florida Statutes, is amended to read:
 2631         373.705 Water resource development; water supply
 2632  development.—
 2633         (4)
 2634         (b) Water supply development projects that meet the
 2635  criteria in paragraph (a) and that meet one or more of the
 2636  following additional criteria shall be given first consideration
 2637  for state or water management district funding assistance:
 2638         1. The project brings about replacement of existing sources
 2639  in order to help implement a minimum flow or minimum water
 2640  level;
 2641         2. The project implements reuse that assists in the
 2642  elimination of domestic wastewater ocean outfalls as provided in
 2643  s. 403.086(10) s. 403.086(9); or
 2644         3. The project reduces or eliminates the adverse effects of
 2645  competition between legal users and the natural system.
 2646         Section 35. Paragraph (f) of subsection (8) of section
 2647  373.707, Florida Statutes, is amended to read:
 2648         373.707 Alternative water supply development.—
 2649         (8)
 2650         (f) The governing boards shall determine those projects
 2651  that will be selected for financial assistance. The governing
 2652  boards may establish factors to determine project funding;
 2653  however, significant weight shall be given to the following
 2654  factors:
 2655         1. Whether the project provides substantial environmental
 2656  benefits by preventing or limiting adverse water resource
 2657  impacts.
 2658         2. Whether the project reduces competition for water
 2659  supplies.
 2660         3. Whether the project brings about replacement of
 2661  traditional sources in order to help implement a minimum flow or
 2662  level or a reservation.
 2663         4. Whether the project will be implemented by a consumptive
 2664  use permittee that has achieved the targets contained in a goal
 2665  based water conservation program approved pursuant to s.
 2666  373.227.
 2667         5. The quantity of water supplied by the project as
 2668  compared to its cost.
 2669         6. Projects in which the construction and delivery to end
 2670  users of reuse water is a major component.
 2671         7. Whether the project will be implemented by a
 2672  multijurisdictional water supply entity or regional water supply
 2673  authority.
 2674         8. Whether the project implements reuse that assists in the
 2675  elimination of domestic wastewater ocean outfalls as provided in
 2676  s. 403.086(10) s. 403.086(9).
 2677         9. Whether the county or municipality, or the multiple
 2678  counties or municipalities, in which the project is located has
 2679  implemented a high-water recharge protection tax assessment
 2680  program as provided in s. 193.625.
 2681         Section 36. Subsection (4) of section 373.709, Florida
 2682  Statutes, is amended to read:
 2683         373.709 Regional water supply planning.—
 2684         (4) The South Florida Water Management District shall
 2685  include in its regional water supply plan water resource and
 2686  water supply development projects that promote the elimination
 2687  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 2688  403.086(9).
 2689         Section 37. Effective July 1, 2021, subsection (3) of
 2690  section 373.807, Florida Statutes, is amended to read:
 2691         373.807 Protection of water quality in Outstanding Florida
 2692  Springs.—By July 1, 2016, the department shall initiate
 2693  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 2694  Springs or spring systems for which an impairment determination
 2695  has not been made under the numeric nutrient standards in effect
 2696  for spring vents. Assessments must be completed by July 1, 2018.
 2697         (3) As part of a basin management action plan that includes
 2698  an Outstanding Florida Spring, the department, the Department of
 2699  Health, relevant local governments, and relevant local public
 2700  and private wastewater utilities shall develop an onsite sewage
 2701  treatment and disposal system remediation plan for a spring if
 2702  the department determines onsite sewage treatment and disposal
 2703  systems within a priority focus area contribute at least 20
 2704  percent of nonpoint source nitrogen pollution or if the
 2705  department determines remediation is necessary to achieve the
 2706  total maximum daily load. The plan shall identify cost-effective
 2707  and financially feasible projects necessary to reduce the
 2708  nutrient impacts from onsite sewage treatment and disposal
 2709  systems and shall be completed and adopted as part of the basin
 2710  management action plan no later than the first 5-year milestone
 2711  required by subparagraph (1)(b)8. The department is the lead
 2712  agency in coordinating the preparation of and the adoption of
 2713  the plan. The department shall:
 2714         (a) Collect and evaluate credible scientific information on
 2715  the effect of nutrients, particularly forms of nitrogen, on
 2716  springs and springs systems; and
 2717         (b) Develop a public education plan to provide area
 2718  residents with reliable, understandable information about onsite
 2719  sewage treatment and disposal systems and springs.
 2720  
 2721  In addition to the requirements in s. 403.067, the plan shall
 2722  include options for repair, upgrade, replacement, drainfield
 2723  modification, addition of effective nitrogen reducing features,
 2724  connection to a central sewerage system, or other action for an
 2725  onsite sewage treatment and disposal system or group of systems
 2726  within a priority focus area that contribute at least 20 percent
 2727  of nonpoint source nitrogen pollution or if the department
 2728  determines remediation is necessary to achieve a total maximum
 2729  daily load. For these systems, the department shall include in
 2730  the plan a priority ranking for each system or group of systems
 2731  that requires remediation and shall award funds to implement the
 2732  remediation projects contingent on an appropriation in the
 2733  General Appropriations Act, which may include all or part of the
 2734  costs necessary for repair, upgrade, replacement, drainfield
 2735  modification, addition of effective nitrogen reducing features,
 2736  initial connection to a central sewerage system, or other
 2737  action. In awarding funds, the department may consider expected
 2738  nutrient reduction benefit per unit cost, size and scope of
 2739  project, relative local financial contribution to the project,
 2740  and the financial impact on property owners and the community.
 2741  The department may waive matching funding requirements for
 2742  proposed projects within an area designated as a rural area of
 2743  opportunity under s. 288.0656.
 2744         Section 38. Paragraph (k) of subsection (1) of section
 2745  376.307, Florida Statutes, is amended to read:
 2746         376.307 Water Quality Assurance Trust Fund.—
 2747         (1) The Water Quality Assurance Trust Fund is intended to
 2748  serve as a broad-based fund for use in responding to incidents
 2749  of contamination that pose a serious danger to the quality of
 2750  groundwater and surface water resources or otherwise pose a
 2751  serious danger to the public health, safety, or welfare. Moneys
 2752  in this fund may be used:
 2753         (k) For funding activities described in s. 403.086(10) s.
 2754  403.086(9) which are authorized for implementation under the
 2755  Leah Schad Memorial Ocean Outfall Program.
 2756         Section 39. Paragraph (i) of subsection (2), paragraph (b)
 2757  of subsection (4), paragraph (j) of subsection (7), and
 2758  paragraph (a) of subsection (9) of section 380.0552, Florida
 2759  Statutes, are amended to read:
 2760         380.0552 Florida Keys Area; protection and designation as
 2761  area of critical state concern.—
 2762         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2763  to:
 2764         (i) Protect and improve the nearshore water quality of the
 2765  Florida Keys through federal, state, and local funding of water
 2766  quality improvement projects, including the construction and
 2767  operation of wastewater management facilities that meet the
 2768  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 2769  as applicable.
 2770         (4) REMOVAL OF DESIGNATION.—
 2771         (b) Beginning November 30, 2010, the state land planning
 2772  agency shall annually submit a written report to the
 2773  Administration Commission describing the progress of the Florida
 2774  Keys Area toward completing the work program tasks specified in
 2775  commission rules. The land planning agency shall recommend
 2776  removing the Florida Keys Area from being designated as an area
 2777  of critical state concern to the commission if it determines
 2778  that:
 2779         1. All of the work program tasks have been completed,
 2780  including construction of, operation of, and connection to
 2781  central wastewater management facilities pursuant to s.
 2782  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 2783  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 2784         2. All local comprehensive plans and land development
 2785  regulations and the administration of such plans and regulations
 2786  are adequate to protect the Florida Keys Area, fulfill the
 2787  legislative intent specified in subsection (2), and are
 2788  consistent with and further the principles guiding development;
 2789  and
 2790         3. A local government has adopted a resolution at a public
 2791  hearing recommending the removal of the designation.
 2792         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2793  and local agencies and units of government in the Florida Keys
 2794  Area shall coordinate their plans and conduct their programs and
 2795  regulatory activities consistent with the principles for guiding
 2796  development as specified in chapter 27F-8, Florida
 2797  Administrative Code, as amended effective August 23, 1984, which
 2798  is adopted and incorporated herein by reference. For the
 2799  purposes of reviewing the consistency of the adopted plan, or
 2800  any amendments to that plan, with the principles for guiding
 2801  development, and any amendments to the principles, the
 2802  principles shall be construed as a whole and specific provisions
 2803  may not be construed or applied in isolation from the other
 2804  provisions. However, the principles for guiding development are
 2805  repealed 18 months from July 1, 1986. After repeal, any plan
 2806  amendments must be consistent with the following principles:
 2807         (j) Ensuring the improvement of nearshore water quality by
 2808  requiring the construction and operation of wastewater
 2809  management facilities that meet the requirements of ss.
 2810  381.0065(4)(l) and 403.086(11) 403.086(10), as applicable, and
 2811  by directing growth to areas served by central wastewater
 2812  treatment facilities through permit allocation systems.
 2813         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2814         (a) Any land development regulation or element of a local
 2815  comprehensive plan in the Florida Keys Area may be enacted,
 2816  amended, or rescinded by a local government, but the enactment,
 2817  amendment, or rescission becomes effective only upon approval by
 2818  the state land planning agency. The state land planning agency
 2819  shall review the proposed change to determine if it is in
 2820  compliance with the principles for guiding development specified
 2821  in chapter 27F-8, Florida Administrative Code, as amended
 2822  effective August 23, 1984, and must approve or reject the
 2823  requested changes within 60 days after receipt. Amendments to
 2824  local comprehensive plans in the Florida Keys Area must also be
 2825  reviewed for compliance with the following:
 2826         1. Construction schedules and detailed capital financing
 2827  plans for wastewater management improvements in the annually
 2828  adopted capital improvements element, and standards for the
 2829  construction of wastewater treatment and disposal facilities or
 2830  collection systems that meet or exceed the criteria in s.
 2831  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 2832  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 2833  disposal systems.
 2834         2. Goals, objectives, and policies to protect public safety
 2835  and welfare in the event of a natural disaster by maintaining a
 2836  hurricane evacuation clearance time for permanent residents of
 2837  no more than 24 hours. The hurricane evacuation clearance time
 2838  shall be determined by a hurricane evacuation study conducted in
 2839  accordance with a professionally accepted methodology and
 2840  approved by the state land planning agency.
 2841         Section 40. Effective July 1, 2021, subsections (7) and
 2842  (18) of section 381.006, Florida Statutes, are amended to read:
 2843         381.006 Environmental health.—The department shall conduct
 2844  an environmental health program as part of fulfilling the
 2845  state’s public health mission. The purpose of this program is to
 2846  detect and prevent disease caused by natural and manmade factors
 2847  in the environment. The environmental health program shall
 2848  include, but not be limited to:
 2849         (7) An onsite sewage treatment and disposal function.
 2850         (17)(18) A food service inspection function for domestic
 2851  violence centers that are certified by the Department of
 2852  Children and Families and monitored by the Florida Coalition
 2853  Against Domestic Violence under part XII of chapter 39 and group
 2854  care homes as described in subsection (15) (16), which shall be
 2855  conducted annually and be limited to the requirements in
 2856  department rule applicable to community-based residential
 2857  facilities with five or fewer residents.
 2858  
 2859  The department may adopt rules to carry out the provisions of
 2860  this section.
 2861         Section 41. Effective July 1, 2021, subsection (1) of
 2862  section 381.0061, Florida Statutes, is amended to read:
 2863         381.0061 Administrative fines.—
 2864         (1) In addition to any administrative action authorized by
 2865  chapter 120 or by other law, the department may impose a fine,
 2866  which may shall not exceed $500 for each violation, for a
 2867  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 2868  381.0066, s. 381.0072, or part III of chapter 489, for a
 2869  violation of any rule adopted under this chapter, or for a
 2870  violation of any of the provisions of chapter 386. Notice of
 2871  intent to impose such fine shall be given by the department to
 2872  the alleged violator. Each day that a violation continues may
 2873  constitute a separate violation.
 2874         Section 42. Effective July 1, 2021, subsection (1) of
 2875  section 381.0064, Florida Statutes, is amended to read:
 2876         381.0064 Continuing education courses for persons
 2877  installing or servicing septic tanks.—
 2878         (1) The Department of Environmental Protection Health shall
 2879  establish a program for continuing education which meets the
 2880  purposes of ss. 381.0101 and 489.554 regarding the public health
 2881  and environmental effects of onsite sewage treatment and
 2882  disposal systems and any other matters the department determines
 2883  desirable for the safe installation and use of onsite sewage
 2884  treatment and disposal systems. The department may charge a fee
 2885  to cover the cost of such program.
 2886         Section 43. Effective July 1, 2021, paragraph (d) of
 2887  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 2888  of subsection (9) of section 381.00651, Florida Statutes, are
 2889  amended to read:
 2890         381.00651 Periodic evaluation and assessment of onsite
 2891  sewage treatment and disposal systems.—
 2892         (7) The following procedures shall be used for conducting
 2893  evaluations:
 2894         (d) Assessment procedure.—All evaluation procedures used by
 2895  a qualified contractor shall be documented in the environmental
 2896  health database of the Department of Environmental Protection
 2897  Health. The qualified contractor shall provide a copy of a
 2898  written, signed evaluation report to the property owner upon
 2899  completion of the evaluation and to the county health department
 2900  within 30 days after the evaluation. The report must shall
 2901  contain the name and license number of the company providing the
 2902  report. A copy of the evaluation report shall be retained by the
 2903  local county health department for a minimum of 5 years and
 2904  until a subsequent inspection report is filed. The front cover
 2905  of the report must identify any system failure and include a
 2906  clear and conspicuous notice to the owner that the owner has a
 2907  right to have any remediation of the failure performed by a
 2908  qualified contractor other than the contractor performing the
 2909  evaluation. The report must further identify any crack, leak,
 2910  improper fit, or other defect in the tank, manhole, or lid, and
 2911  any other damaged or missing component; any sewage or effluent
 2912  visible on the ground or discharging to a ditch or other surface
 2913  water body; any downspout, stormwater, or other source of water
 2914  directed onto or toward the system; and any other maintenance
 2915  need or condition of the system at the time of the evaluation
 2916  which, in the opinion of the qualified contractor, would
 2917  possibly interfere with or restrict any future repair or
 2918  modification to the existing system. The report shall conclude
 2919  with an overall assessment of the fundamental operational
 2920  condition of the system.
 2921         (8) The county health department, in coordination with the
 2922  department, shall administer any evaluation program on behalf of
 2923  a county, or a municipality within the county, that has adopted
 2924  an evaluation program pursuant to this section. In order to
 2925  administer the evaluation program, the county or municipality,
 2926  in consultation with the county health department, may develop a
 2927  reasonable fee schedule to be used solely to pay for the costs
 2928  of administering the evaluation program. Such a fee schedule
 2929  shall be identified in the ordinance that adopts the evaluation
 2930  program. When arriving at a reasonable fee schedule, the
 2931  estimated annual revenues to be derived from fees may not exceed
 2932  reasonable estimated annual costs of the program. Fees shall be
 2933  assessed to the system owner during an inspection and separately
 2934  identified on the invoice of the qualified contractor. Fees
 2935  shall be remitted by the qualified contractor to the county
 2936  health department. The county health department’s administrative
 2937  responsibilities include the following:
 2938         (a) Providing a notice to the system owner at least 60 days
 2939  before the system is due for an evaluation. The notice may
 2940  include information on the proper maintenance of onsite sewage
 2941  treatment and disposal systems.
 2942         (b) In consultation with the department of Health,
 2943  providing uniform disciplinary procedures and penalties for
 2944  qualified contractors who do not comply with the requirements of
 2945  the adopted ordinance, including, but not limited to, failure to
 2946  provide the evaluation report as required in this subsection to
 2947  the system owner and the county health department. Only the
 2948  county health department may assess penalties against system
 2949  owners for failure to comply with the adopted ordinance,
 2950  consistent with existing requirements of law.
 2951         (9)
 2952         (b) Upon receipt of the notice under paragraph (a), the
 2953  department of Environmental Protection shall, within existing
 2954  resources, notify the county or municipality of the potential
 2955  use of, and access to, program funds under the Clean Water State
 2956  Revolving Fund or s. 319 of the Clean Water Act, provide
 2957  guidance in the application process to receive such moneys, and
 2958  provide advice and technical assistance to the county or
 2959  municipality on how to establish a low-interest revolving loan
 2960  program or how to model a revolving loan program after the low
 2961  interest loan program of the Clean Water State Revolving Fund.
 2962  This paragraph does not obligate the department of Environmental
 2963  Protection to provide any county or municipality with money to
 2964  fund such programs.
 2965         (c) The department of Health may not adopt any rule that
 2966  alters the provisions of this section.
 2967         (d) The department of Health must allow county health
 2968  departments and qualified contractors access to the
 2969  environmental health database to track relevant information and
 2970  assimilate data from assessment and evaluation reports of the
 2971  overall condition of onsite sewage treatment and disposal
 2972  systems. The environmental health database must be used by
 2973  contractors to report each service and evaluation event and by a
 2974  county health department to notify owners of onsite sewage
 2975  treatment and disposal systems when evaluations are due. Data
 2976  and information must be recorded and updated as service and
 2977  evaluations are conducted and reported.
 2978         Section 44. Effective July 1, 2021, paragraph (g) of
 2979  subsection (1) of section 381.0101, Florida Statutes, is amended
 2980  to read:
 2981         381.0101 Environmental health professionals.—
 2982         (1) DEFINITIONS.—As used in this section:
 2983         (g) “Primary environmental health program” means those
 2984  programs determined by the department to be essential for
 2985  providing basic environmental and sanitary protection to the
 2986  public. At a minimum, these programs shall include food
 2987  protection program work and onsite sewage treatment and disposal
 2988  system evaluations.
 2989         Section 45. Section 403.08601, Florida Statutes, is amended
 2990  to read:
 2991         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 2992  Legislature declares that as funds become available the state
 2993  may assist the local governments and agencies responsible for
 2994  implementing the Leah Schad Memorial Ocean Outfall Program
 2995  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 2996  other sources provided for in law, the General Appropriations
 2997  Act, from gifts designated for implementation of the plan from
 2998  individuals, corporations, or other entities, or federal funds
 2999  appropriated by Congress for implementation of the plan, may be
 3000  deposited into an account of the Water Quality Assurance Trust
 3001  Fund.
 3002         Section 46. Section 403.0871, Florida Statutes, is amended
 3003  to read:
 3004         403.0871 Florida Permit Fee Trust Fund.—There is
 3005  established within the department a nonlapsing trust fund to be
 3006  known as the “Florida Permit Fee Trust Fund.” All funds received
 3007  from applicants for permits pursuant to ss. 161.041, 161.053,
 3008  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 3009  deposited in the Florida Permit Fee Trust Fund and shall be used
 3010  by the department with the advice and consent of the Legislature
 3011  to supplement appropriations and other funds received by the
 3012  department for the administration of its responsibilities under
 3013  this chapter and chapter 161. In no case shall funds from the
 3014  Florida Permit Fee Trust Fund be used for salary increases
 3015  without the approval of the Legislature.
 3016         Section 47. Paragraph (a) of subsection (11) of section
 3017  403.0872, Florida Statutes, is amended to read:
 3018         403.0872 Operation permits for major sources of air
 3019  pollution; annual operation license fee.—Provided that program
 3020  approval pursuant to 42 U.S.C. s. 7661a has been received from
 3021  the United States Environmental Protection Agency, beginning
 3022  January 2, 1995, each major source of air pollution, including
 3023  electrical power plants certified under s. 403.511, must obtain
 3024  from the department an operation permit for a major source of
 3025  air pollution under this section. This operation permit is the
 3026  only department operation permit for a major source of air
 3027  pollution required for such source; provided, at the applicant’s
 3028  request, the department shall issue a separate acid rain permit
 3029  for a major source of air pollution that is an affected source
 3030  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 3031  for major sources of air pollution, except general permits
 3032  issued pursuant to s. 403.814, must be issued in accordance with
 3033  the procedures contained in this section and in accordance with
 3034  chapter 120; however, to the extent that chapter 120 is
 3035  inconsistent with the provisions of this section, the procedures
 3036  contained in this section prevail.
 3037         (11) Each major source of air pollution permitted to
 3038  operate in this state must pay between January 15 and April 1 of
 3039  each year, upon written notice from the department, an annual
 3040  operation license fee in an amount determined by department
 3041  rule. The annual operation license fee shall be terminated
 3042  immediately in the event the United States Environmental
 3043  Protection Agency imposes annual fees solely to implement and
 3044  administer the major source air-operation permit program in
 3045  Florida under 40 C.F.R. s. 70.10(d).
 3046         (a) The annual fee must be assessed based upon the source’s
 3047  previous year’s emissions and must be calculated by multiplying
 3048  the applicable annual operation license fee factor times the
 3049  tons of each regulated air pollutant actually emitted, as
 3050  calculated in accordance with the department’s emissions
 3051  computation and reporting rules. The annual fee shall only apply
 3052  to those regulated pollutants, except carbon monoxide and
 3053  greenhouse gases, for which an allowable numeric emission
 3054  limiting standard is specified in the source’s most recent
 3055  construction or operation permit; provided, however, that:
 3056         1. The license fee factor is $25 or another amount
 3057  determined by department rule which ensures that the revenue
 3058  provided by each year’s operation license fees is sufficient to
 3059  cover all reasonable direct and indirect costs of the major
 3060  stationary source air-operation permit program established by
 3061  this section. The license fee factor may be increased beyond $25
 3062  only if the secretary of the department affirmatively finds that
 3063  a shortage of revenue for support of the major stationary source
 3064  air-operation permit program will occur in the absence of a fee
 3065  factor adjustment. The annual license fee factor may never
 3066  exceed $35.
 3067         2. The amount of each regulated air pollutant in excess of
 3068  4,000 tons per year emitted by any source, or group of sources
 3069  belonging to the same Major Group as described in the Standard
 3070  Industrial Classification Manual, 1987, may not be included in
 3071  the calculation of the fee. Any source, or group of sources,
 3072  which does not emit any regulated air pollutant in excess of
 3073  4,000 tons per year, is allowed a one-time credit not to exceed
 3074  25 percent of the first annual licensing fee for the prorated
 3075  portion of existing air-operation permit application fees
 3076  remaining upon commencement of the annual licensing fees.
 3077         3. If the department has not received the fee by March 1 of
 3078  the calendar year, the permittee must be sent a written warning
 3079  of the consequences for failing to pay the fee by April 1. If
 3080  the fee is not postmarked by April 1 of the calendar year, the
 3081  department shall impose, in addition to the fee, a penalty of 50
 3082  percent of the amount of the fee, plus interest on such amount
 3083  computed in accordance with s. 220.807. The department may not
 3084  impose such penalty or interest on any amount underpaid,
 3085  provided that the permittee has timely remitted payment of at
 3086  least 90 percent of the amount determined to be due and remits
 3087  full payment within 60 days after receipt of notice of the
 3088  amount underpaid. The department may waive the collection of
 3089  underpayment and may shall not be required to refund overpayment
 3090  of the fee, if the amount due is less than 1 percent of the fee,
 3091  up to $50. The department may revoke any major air pollution
 3092  source operation permit if it finds that the permitholder has
 3093  failed to timely pay any required annual operation license fee,
 3094  penalty, or interest.
 3095         4. Notwithstanding the computational provisions of this
 3096  subsection, the annual operation license fee for any source
 3097  subject to this section may shall not be less than $250, except
 3098  that the annual operation license fee for sources permitted
 3099  solely through general permits issued under s. 403.814 may shall
 3100  not exceed $50 per year.
 3101         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 3102  the provisions of s. 403.087(6)(a)5.a., authorizing air
 3103  pollution construction permit fees, the department may not
 3104  require such fees for changes or additions to a major source of
 3105  air pollution permitted pursuant to this section, unless the
 3106  activity triggers permitting requirements under Title I, Part C
 3107  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 3108  7514a. Costs to issue and administer such permits shall be
 3109  considered direct and indirect costs of the major stationary
 3110  source air-operation permit program under s. 403.0873. The
 3111  department shall, however, require fees pursuant to s.
 3112  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 3113  construction of a new major source of air pollution that will be
 3114  subject to the permitting requirements of this section once
 3115  constructed and for activities triggering permitting
 3116  requirements under Title I, Part C or Part D, of the federal
 3117  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 3118         Section 48. Paragraph (d) of subsection (3) of section
 3119  403.707, Florida Statutes, is amended to read:
 3120         403.707 Permits.—
 3121         (3)
 3122         (d) The department may adopt rules to administer this
 3123  subsection. However, the department is not required to submit
 3124  such rules to the Environmental Regulation Commission for
 3125  approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
 3126  403.087(6)(a), permit fee caps for solid waste management
 3127  facilities shall be prorated to reflect the extended permit term
 3128  authorized by this subsection.
 3129         Section 49. Subsections (8) and (21) of section 403.861,
 3130  Florida Statutes, are amended to read:
 3131         403.861 Department; powers and duties.—The department shall
 3132  have the power and the duty to carry out the provisions and
 3133  purposes of this act and, for this purpose, to:
 3134         (8) Initiate rulemaking to increase each drinking water
 3135  permit application fee authorized under s. 403.087(7) s.
 3136  403.087(6) and this part and adopted by rule to ensure that such
 3137  fees are increased to reflect, at a minimum, any upward
 3138  adjustment in the Consumer Price Index compiled by the United
 3139  States Department of Labor, or similar inflation indicator,
 3140  since the original fee was established or most recently revised.
 3141         (a) The department shall establish by rule the inflation
 3142  index to be used for this purpose. The department shall review
 3143  the drinking water permit application fees authorized under s.
 3144  403.087(7) s. 403.087(6) and this part at least once every 5
 3145  years and shall adjust the fees upward, as necessary, within the
 3146  established fee caps to reflect changes in the Consumer Price
 3147  Index or similar inflation indicator. In the event of deflation,
 3148  the department shall consult with the Executive Office of the
 3149  Governor and the Legislature to determine whether downward fee
 3150  adjustments are appropriate based on the current budget and
 3151  appropriation considerations. The department shall also review
 3152  the drinking water operation license fees established pursuant
 3153  to paragraph (7)(b) at least once every 5 years to adopt, as
 3154  necessary, the same inflationary adjustments provided for in
 3155  this subsection.
 3156         (b) The minimum fee amount shall be the minimum fee
 3157  prescribed in this section, and such fee amount shall remain in
 3158  effect until the effective date of fees adopted by rule by the
 3159  department.
 3160         (21)(a) Upon issuance of a construction permit to construct
 3161  a new public water system drinking water treatment facility to
 3162  provide potable water supply using a surface water that, at the
 3163  time of the permit application, is not being used as a potable
 3164  water supply, and the classification of which does not include
 3165  potable water supply as a designated use, the department shall
 3166  add treated potable water supply as a designated use of the
 3167  surface water segment in accordance with s. 403.061(30)(b) s.
 3168  403.061(29)(b).
 3169         (b) For existing public water system drinking water
 3170  treatment facilities that use a surface water as a treated
 3171  potable water supply, which surface water classification does
 3172  not include potable water supply as a designated use, the
 3173  department shall add treated potable water supply as a
 3174  designated use of the surface water segment in accordance with
 3175  s. 403.061(30)(b) s. 403.061(29)(b).
 3176         Section 50. Effective July 1, 2021, subsection (1) of
 3177  section 489.551, Florida Statutes, is amended to read:
 3178         489.551 Definitions.—As used in this part:
 3179         (1) “Department” means the Department of Environmental
 3180  Protection Health.
 3181         Section 51. Paragraph (b) of subsection (10) of section
 3182  590.02, Florida Statutes, is amended to read:
 3183         590.02 Florida Forest Service; powers, authority, and
 3184  duties; liability; building structures; Withlacoochee Training
 3185  Center.—
 3186         (10)
 3187         (b) The Florida Forest Service may delegate to a county,
 3188  municipality, or special district its authority:
 3189         1. As delegated by the Department of Environmental
 3190  Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
 3191  403.081, to manage and enforce regulations pertaining to the
 3192  burning of yard trash in accordance with s. 590.125(6).
 3193         2. To manage the open burning of land clearing debris in
 3194  accordance with s. 590.125.
 3195         Section 52. The Division of Law Revision is directed to
 3196  replace the phrase “before the rules identified in paragraph (e)
 3197  take effect” as it is used in the amendment made by this act to
 3198  s. 381.0065(4)(f), Florida Statutes, with the date such rules
 3199  are adopted, as provided by the Department of Environmental
 3200  Protection pursuant to s. 381.0065(4)(e), Florida Statutes, as
 3201  amended by this act.
 3202         Section 53. Except as otherwise expressly provided in this
 3203  act, this act shall take effect July 1, 2020.