Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1386
       
       
       
       
       
       
                                Ì306560ÇÎ306560                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Calatayud) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  253.04, Florida Statutes, is amended to read:
    7         253.04 Duty of board to protect, etc., state lands; state
    8  may join in any action brought.—
    9         (3)(a) The duty to conserve and improve state-owned lands
   10  and the products thereof includes shall include the preservation
   11  and regeneration of seagrass, which is deemed essential to the
   12  oceans, gulfs, estuaries, and shorelines of the state. A person
   13  operating a vessel outside a lawfully marked channel in a
   14  careless manner that causes seagrass scarring within an aquatic
   15  preserve established in ss. 258.39-258.3991 ss. 258.39-258.399,
   16  with the exception of the Lake Jackson, Oklawaha River, Wekiva
   17  River, and Rainbow Springs aquatic preserves, commits a
   18  noncriminal infraction, punishable as provided in s. 327.73.
   19  Each violation is a separate offense. As used in this
   20  subsection, the term:
   21         1. “Seagrass” means Cuban shoal grass (Halodule wrightii),
   22  turtle grass (Thalassia testudinum), manatee grass (Syringodium
   23  filiforme), star grass (Halophila engelmannii), paddle grass
   24  (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii),
   25  or widgeon grass (Ruppia maritima).
   26         2. “Seagrass scarring” means destruction of seagrass roots,
   27  shoots, or stems that results in tracks on the substrate
   28  commonly referred to as prop scars or propeller scars caused by
   29  the operation of a motorized vessel in waters supporting
   30  seagrasses.
   31         Section 2. Subsection (33) is added to section 258.39,
   32  Florida Statutes, to read:
   33         258.39 Boundaries of preserves.—The submerged lands
   34  included within the boundaries of Nassau, Duval, St. Johns,
   35  Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
   36  Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee,
   37  Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
   38  Hernando, and Escambia Counties, as hereinafter described, with
   39  the exception of privately held submerged lands lying landward
   40  of established bulkheads and of privately held submerged lands
   41  within Monroe County where the establishment of bulkhead lines
   42  is not required, are hereby declared to be aquatic preserves.
   43  Such aquatic preserve areas include:
   44         (33)Kristin Jacobs Coral Reef Ecosystem Conservation Area,
   45  as designated by chapter 2021-107, Laws of Florida, the
   46  boundaries of which consist of the sovereignty submerged lands
   47  and waters of the state offshore of Broward, Martin, Miami-Dade,
   48  and Palm Beach Counties from the St. Lucie Inlet to the northern
   49  boundary of the Biscayne National Park.
   50  
   51  Any and all submerged lands theretofore conveyed by the Trustees
   52  of the Internal Improvement Trust Fund and any and all uplands
   53  now in private ownership are specifically exempted from this
   54  dedication.
   55         Section 3. Subsection (9) is added to section 373.250,
   56  Florida Statutes, to read:
   57         373.250 Reuse of reclaimed water.—
   58         (9) To promote the use of reclaimed water and encourage
   59  quantifiable potable water offsets that produce significant
   60  water savings beyond those required in a consumptive use permit,
   61  each water management district, in coordination with the
   62  department, shall develop rules by December 31, 2025, which
   63  provide all of the following:
   64         (a)If an applicant proposes a water supply development or
   65  water resource development project using reclaimed water that
   66  meets the advanced waste treatment standards for total nitrogen
   67  and total phosphorous as defined in s. 403.086(4)(a), as part of
   68  an application for consumptive use, the applicant is eligible
   69  for a permit duration of up to 30 years if there is sufficient
   70  data to provide reasonable assurance that the conditions for
   71  permit issuance will be met for the duration of the permit.
   72  Rules developed pursuant to this paragraph must include, at a
   73  minimum:
   74         1.A requirement that the permittee demonstrate how
   75  quantifiable groundwater or surface water savings associated
   76  with the new water supply development or water resource
   77  development project either meets water demands beyond a 20-year
   78  permit duration or is completed to benefit a waterbody with a
   79  minimum flow or minimum water level with a recovery or
   80  prevention strategy; and
   81         2.Guidelines for a district to follow in determining the
   82  permit duration based on the project’s implementation.
   83  
   84  This paragraph does not limit the existing authority of a water
   85  management district to issue a shorter duration permit to
   86  protect from harm the water resources or ecology of the area, or
   87  to otherwise ensure compliance with the conditions for permit
   88  issuance.
   89         (b)Authorization for a consumptive use permittee to seek a
   90  permit extension of up to 10 years if the permittee proposes a
   91  water supply development or water resource development project
   92  using reclaimed water that meets the advanced waste treatment
   93  standards for total nitrogen and total phosphorous as defined in
   94  s. 403.086(4)(a) during the term of its permit which results in
   95  the reduction of groundwater or surface water withdrawals or is
   96  completed to benefit a waterbody with a minimum flow or minimum
   97  water level with a recovery or prevention strategy. Rules
   98  associated with this paragraph must include, at a minimum:
   99         1.A requirement that the permittee be in compliance with
  100  the permittee’s consumptive use permit;
  101         2.A requirement that the permittee demonstrate how the
  102  quantifiable groundwater or surface water savings associated
  103  with the new water supply development or water resource
  104  development project either meets water demands beyond the issued
  105  permit duration or benefits a waterbody with a minimum flow or
  106  minimum water level with a recovery or prevention strategy;
  107         3.A requirement that the permittee demonstrate a water
  108  demand for the permit’s allocation through the term of the
  109  extension; and
  110         4.Guidelines for a district to follow in determining the
  111  number of years extended, including a minimum year requirement,
  112  based on the project implementation.
  113  
  114  This paragraph does not limit the existing authority of a water
  115  management district to protect from harm the water resources or
  116  ecology of the area, or to otherwise ensure compliance with the
  117  conditions for permit issuance.
  118         Section 4. Present paragraphs (c) and (d) of subsection (2)
  119  of section 380.093, Florida Statutes, are redesignated as
  120  paragraphs (d) and (e), respectively, a new paragraph (c) is
  121  added to that subsection, and present paragraph (c) of
  122  subsection (2), paragraphs (b), (c), and (d) of subsection (3),
  123  and subsections (4), (5), and (6) of that section are amended,
  124  to read:
  125         380.093 Resilient Florida Grant Program; comprehensive
  126  statewide flood vulnerability and sea level rise data set and
  127  assessment; Statewide Flooding and Sea Level Rise Resilience
  128  Plan; regional resilience entities.—
  129         (2) DEFINITIONS.—As used in this section, the term:
  130         (c)“Florida Flood Hub” means the Florida Flood Hub for
  131  Applied Research and Innovation established pursuant to s.
  132  380.0933.
  133         (d)(c) “Preconstruction activities” means activities
  134  associated with a project that addresses the risks of flooding
  135  and sea level rise that occur before construction begins,
  136  including, but not limited to, design of the project, permitting
  137  for the project, surveys and data collection, site development,
  138  solicitation, public hearings, local code or comprehensive plan
  139  amendments, establishing local funding sources, and easement
  140  acquisition.
  141         (3) RESILIENT FLORIDA GRANT PROGRAM.—
  142         (b) Subject to appropriation, the department may provide
  143  grants to each of the following entities:
  144         1. A county or municipality to fund:
  145         a. The costs of community resilience planning and necessary
  146  data collection for such planning, including comprehensive plan
  147  amendments and necessary corresponding analyses that address the
  148  requirements of s. 163.3178(2)(f).
  149         b. Vulnerability assessments that identify or address risks
  150  of inland or coastal flooding and sea level rise.
  151         c. Updates to the county’s or municipality’s inventory of
  152  critical assets, including regionally significant assets that
  153  are currently or reasonably expected to be impacted by flooding
  154  and sea level rise. The updated inventory must be submitted to
  155  the department and, at the time of submission, must reflect all
  156  such assets that are currently, or within 50 years may
  157  reasonably be expected to be, impacted by flooding and sea level
  158  rise.
  159         d. The development of projects, plans, strategies, and
  160  policies that enhance community preparations allow communities
  161  to prepare for threats from flooding and sea level rise,
  162  including adaptation plans that help local governments
  163  prioritize project development and implementation across one or
  164  more jurisdictions in a manner consistent with departmental
  165  guidance.
  166         e.d. Preconstruction activities for projects to be
  167  submitted for inclusion in the Statewide Flooding and Sea Level
  168  Rise Resilience Plan. Only a county or municipality eligible for
  169  a reduced cost share as defined in paragraph (5)(e) is eligible
  170  for such preconstruction activities that are located in a
  171  municipality that has a population of 10,000 or fewer or a
  172  county that has a population of 50,000 or fewer, according to
  173  the most recent April 1 population estimates posted on the
  174  Office of Economic and Demographic Research’s website.
  175         f.e. Feasibility studies and the cost of permitting for
  176  nature-based solutions that reduce the impact of flooding and
  177  sea level rise.
  178         g.The cost of permitting for projects designed to achieve
  179  reductions in the risks or impacts of flooding and sea level
  180  rise using nature-based solutions.
  181         2. A water management district identified in s. 373.069 to
  182  support local government adaptation planning, which may be
  183  conducted by the water management district or by a third party
  184  on behalf of the water management district. Such grants must be
  185  used for the express purpose of supporting the Florida Flood Hub
  186  for Applied Research and Innovation and the department in
  187  implementing this section through data creation and collection,
  188  modeling, and the implementation of statewide standards.
  189  Priority must be given to filling critical data gaps identified
  190  by the Florida Flood Hub for Applied Research and Innovation
  191  under s. 380.0933(2)(a).
  192         (c) A vulnerability assessment conducted pursuant to
  193  paragraph (b) must encompass the entire county or municipality;
  194  include all critical assets owned or maintained by the grant
  195  applicant; and use the most recent publicly available Digital
  196  Elevation Model and generally accepted analysis and modeling
  197  techniques. An assessment may encompass a smaller geographic
  198  area or include only a portion of the critical assets owned or
  199  maintained by the grant applicant with appropriate rationale and
  200  upon approval by the department. Locally collected elevation
  201  data may also be included as part of the assessment as long as
  202  it is submitted to the department pursuant to this paragraph.
  203         1. The assessment must include an analysis of the
  204  vulnerability of and risks to critical assets, including
  205  regionally significant assets, owned or managed by the county or
  206  municipality.
  207         2. Upon completion of a vulnerability assessment, the
  208  county or municipality shall submit to the department all of the
  209  following:
  210         a. A report detailing the findings of the assessment.
  211         b. All electronic mapping data used to illustrate flooding
  212  and sea level rise impacts identified in the assessment. When
  213  submitting such data, the county or municipality shall include:
  214         (I) Geospatial data in an electronic file format suitable
  215  for input to the department’s mapping tool.
  216         (II) Geographic information system (GIS) data that has been
  217  projected into the appropriate Florida State Plane Coordinate
  218  System and that is suitable for the department’s mapping tool.
  219  The county or municipality must also submit metadata using
  220  standards prescribed by the department.
  221         c. An inventory A list of critical assets, including
  222  regionally significant assets, that are currently, or within 50
  223  years are reasonably expected to be, impacted by flooding and
  224  sea level rise.
  225         (d) A vulnerability assessment conducted pursuant to
  226  paragraph (b) must do include all of the following:
  227         1. Include peril of flood comprehensive plan amendments
  228  that address the requirements of s. 163.3178(2)(f), if the
  229  county or municipality is subject to such requirements and has
  230  not complied with such requirements as determined by the
  231  Department of Commerce Economic Opportunity.
  232         2. Make use of the best available information through the
  233  Florida Flood Hub as certified by the Chief Science Officer, in
  234  consultation with the Chief Resilience Officer, including, as If
  235  applicable, analyzing impacts related to the depth of:
  236         a. Tidal flooding, including future high tide flooding,
  237  which must use thresholds published and provided by the
  238  department. To the extent practicable, the analysis should also
  239  geographically display the number of tidal flood days expected
  240  for each scenario and planning horizon.
  241         b. Current and future storm surge flooding using publicly
  242  available National Oceanic and Atmospheric Administration or
  243  Federal Emergency Management Agency storm surge data. The
  244  initial storm surge event used must equal or exceed the current
  245  100-year flood event. Higher frequency storm events may be
  246  analyzed to understand the exposure of a critical asset or
  247  regionally significant asset. Publicly available National
  248  Oceanic and Atmospheric Administration (NOAA) or Federal
  249  Emergency Management Agency storm surge data may be used in the
  250  absence of applicable data from the Florida Flood Hub.
  251         c. To the extent practicable, rainfall-induced flooding
  252  using a GIS-based spatiotemporal analysis or existing hydrologic
  253  and hydraulic modeling results. Future boundary conditions
  254  should be modified to consider sea level rise and high tide
  255  conditions. Vulnerability assessments for rainfall-induced
  256  flooding must include the depth of rainfall-induced flooding for
  257  a 100-year storm and a 500-year storm, as defined by the
  258  applicable water management district or, if necessary, the
  259  appropriate federal agency. Future rainfall conditions should be
  260  used, if available. Noncoastal communities must perform a
  261  rainfall-induced flooding assessment.
  262         d. To the extent practicable, compound flooding or the
  263  combination of tidal, storm surge, and rainfall-induced
  264  flooding.
  265         3. Apply the following scenarios and standards:
  266         a. All analyses in the North American Vertical Datum of
  267  1988.
  268         b. For a vulnerability assessment initiated after July 1,
  269  2024, at a minimum least two local sea level rise scenarios,
  270  which must include the 2022 NOAA 2017 National Oceanic and
  271  Atmospheric Administration intermediate-low and intermediate
  272  intermediate-high sea level rise scenarios or the statewide sea
  273  level rise projections developed pursuant to paragraph (4)(a)
  274  projections.
  275         c. At least two planning horizons identified in the
  276  following table which correspond with the appropriate
  277  comprehensive statewide flood vulnerability and sea level rise
  278  assessment for which the department, at the time of award,
  279  determines such local vulnerability assessment will be
  280  incorporated:
  281  
  282  Year of assessment   20-year planning horizon50-year planning horizon
  283  2024                          2040         2070                    
  284  2029                          2050         2080                    
  285  2034                          2055         2085                    
  286  2039                          2060         2090                    
  287  2044                          2065         2095                    
  288  2049                          2070         2100                    
  289  
  290  that include planning horizons for the years 2040 and 2070.
  291         d. Local sea level data maintained by the Florida Flood Hub
  292  which reflect the best available scientific information as
  293  certified by the Chief Science Officer, in consultation with the
  294  Chief Resilience Officer. If such data is not available, local
  295  sea level data may be that has been interpolated between the two
  296  closest NOAA National Oceanic and Atmospheric Administration
  297  tide gauges; however, such. Local sea level data may be taken
  298  from only one of the two closest NOAA tide gauges such gauge if
  299  the gauge has a higher mean sea level or may be. Data taken from
  300  an alternate tide gauge may be used with appropriate rationale
  301  and department approval, as long as it is publicly available or
  302  submitted to the department pursuant to paragraph (b).
  303         (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
  304  LEVEL RISE DATA SET AND ASSESSMENT.—
  305         (a) By July 1, 2023, The department shall develop and
  306  maintain complete the development of a comprehensive statewide
  307  flood vulnerability and sea level rise data set sufficient to
  308  conduct a comprehensive statewide flood vulnerability and sea
  309  level rise assessment. In developing and maintaining the data
  310  set, the department shall, in coordination with the Chief
  311  Resilience Officer and the Florida Flood Hub for Applied
  312  Research and Innovation, compile, analyze, and incorporate, as
  313  appropriate, information related to vulnerability assessments
  314  and critical asset inventories submitted to the department
  315  pursuant to subsection (3) or any previously completed
  316  assessments that meet the requirements of subsection (3).
  317         1. The Chief Science Officer shall, in coordination with
  318  the Chief Resilience Officer and the Florida Flood Hub necessary
  319  experts and resources, develop statewide sea level rise
  320  projections that incorporate temporal and spatial variability,
  321  to the extent practicable, for inclusion in the data set. This
  322  subparagraph does not supersede regionally adopted projections.
  323         2. The data set must include information necessary to
  324  determine the risks to inland and coastal communities,
  325  including, but not limited to, elevation, tidal levels, and
  326  precipitation.
  327         (b) By July 1, 2024, The department, in coordination with
  328  the Chief Resilience Officer and the Florida Flood Hub, shall
  329  complete a comprehensive statewide flood vulnerability and sea
  330  level rise assessment that identifies inland and coastal
  331  infrastructure, geographic areas, and communities in this the
  332  state which that are vulnerable to flooding and sea level rise
  333  and the associated risks.
  334         1. The department shall use the comprehensive statewide
  335  flood vulnerability and sea level rise data set to conduct the
  336  assessment.
  337         2. The assessment must incorporate local and regional
  338  analyses of vulnerabilities and risks, including, as
  339  appropriate, local mitigation strategies and postdisaster
  340  redevelopment plans.
  341         3. The assessment must include an inventory of critical
  342  assets, including regionally significant assets, that are
  343  essential for critical government and business functions,
  344  national security, public health and safety, the economy, flood
  345  and storm protection, water quality management, and wildlife
  346  habitat management, and must identify and analyze the
  347  vulnerability of and risks to such critical assets. When
  348  identifying critical assets for inclusion in the assessment, the
  349  department shall also take into consideration the critical
  350  assets identified by local governments and submitted to the
  351  department pursuant to subsection (3).
  352         4.The assessment must include the 20-year and 50-year
  353  projected sea level rise at each active NOAA tidal gauge off the
  354  coast of this state as derived from the statewide sea level rise
  355  projections developed pursuant to paragraph (a).
  356         (c) The department, in coordination with the Chief
  357  Resilience Officer and the Florida Flood Hub, shall update the
  358  comprehensive statewide flood vulnerability and sea level rise
  359  data set with the best available information each year and shall
  360  update the assessment at least every 5 years. The department may
  361  update the data set and assessment more frequently if it
  362  determines that updates are necessary to maintain the validity
  363  of the data set and assessment.
  364         (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
  365         (a) By December 1 of, 2021, and each year December 1
  366  thereafter, the department shall develop a Statewide Flooding
  367  and Sea Level Rise Resilience Plan on a 3-year planning horizon
  368  and submit it to the Governor, the President of the Senate, and
  369  the Speaker of the House of Representatives. The plan must
  370  consist of ranked projects that address risks of flooding and
  371  sea level rise to coastal and inland communities in the state.
  372  All eligible projects submitted to the department pursuant to
  373  this section must be ranked and included in the plan. Each plan
  374  must include a detailed narrative overview describing how the
  375  plan was developed, including a description of the methodology
  376  used by the department to determine project eligibility, a
  377  description of the methodology used to rank projects, the
  378  specific scoring system used, the project proposal application
  379  form, a copy of each submitted project proposal application form
  380  separated by eligible projects and ineligible projects, the
  381  total number of project proposals received and deemed eligible,
  382  the total funding requested, and the total funding requested for
  383  eligible projects.
  384         (b) The plan submitted by December 1, 2021, before the
  385  comprehensive statewide flood vulnerability and sea level rise
  386  assessment is completed, will be a preliminary plan that
  387  includes projects that address risks of flooding and sea level
  388  rise identified in available local government vulnerability
  389  assessments and projects submitted by water management districts
  390  that mitigate the risks of flooding or sea level rise on water
  391  supplies or water resources of the state. The plan submitted by
  392  December 1, 2022, and the plan submitted by December 1, 2023,
  393  will be updates to the preliminary plan. The plan submitted by
  394  December 1, 2024, and each plan submitted by December 1
  395  thereafter:,
  396         1. Shall primarily address risks of flooding and sea level
  397  rise identified in the comprehensive statewide flood
  398  vulnerability and sea level rise assessment; and
  399         2.May include, at the discretion of the department in
  400  consultation with the Chief Resilience Officer, other projects
  401  submitted pursuant to paragraph (d) which address risks of
  402  flooding and sea level rise to critical assets not yet
  403  identified in the comprehensive statewide flood vulnerability
  404  and sea level rise assessment.
  405         (c) Each plan submitted by the department pursuant to this
  406  subsection must include all of the following information for
  407  each recommended project:
  408         1. A description of the project.
  409         2. The location of the project.
  410         3. An estimate of how long the project will take to
  411  complete.
  412         4. An estimate of the cost of the project.
  413         5. The cost-share percentage available for the project.
  414         6. A summary of the priority score assigned to the project.
  415         7. The project sponsor.
  416         (d)1. By September 1 of, 2021, and each year September 1
  417  thereafter, all of the following entities may submit to the
  418  department a list of proposed projects that address risks of
  419  flooding or sea level rise identified in the comprehensive
  420  statewide flood vulnerability and sea level rise assessment or
  421  vulnerability assessments that meet the requirements of
  422  subsection (3):
  423         a. Counties.
  424         b. Municipalities.
  425         c. Special districts as defined in s. 189.012 which that
  426  are responsible for the management and maintenance of inlets and
  427  intracoastal waterways or for the operation and maintenance of a
  428  potable water facility, a wastewater facility, an airport, or a
  429  seaport facility.
  430         d.Regional resilience entities acting on behalf of one or
  431  more member counties or municipalities.
  432  
  433  For the plans submitted by December 1, 2024, such entities may
  434  submit projects identified in existing vulnerability assessments
  435  that do not comply with subsection (3) only if the entity is
  436  actively developing a vulnerability assessment that is either
  437  under a signed grant agreement with the department pursuant to
  438  subsection (3) or funded by another state or federal agency, or
  439  is self-funded and intended to meet the requirements of
  440  paragraph (3)(d) or the existing vulnerability assessment was
  441  completed using previously compliant statutory requirements.
  442  Projects identified from this category of vulnerability
  443  assessments are eligible for submittal until the prior
  444  vulnerability assessment has been updated to meet most recent
  445  statutory requirements 2021; December 1, 2022; and December 1,
  446  2023, such entities may submit projects identified in existing
  447  vulnerability assessments that do not comply with subsection
  448  (3). A regional resilience entity may also submit proposed
  449  projects to the department pursuant to this subparagraph on
  450  behalf of one or more member counties or municipalities.
  451         2. By September 1 of, 2021, and each year September 1
  452  thereafter, all of the following entities may submit to the
  453  department a list of any proposed projects that address risks of
  454  flooding or sea level rise identified in the comprehensive
  455  statewide flood vulnerability and sea level rise assessment or
  456  vulnerability assessments that meet the requirements of
  457  subsection (3), or that mitigate the risks of flooding or sea
  458  level rise on water supplies or water resources of the state and
  459  a corresponding evaluation of each project:
  460         a. Water management districts.
  461         b. Drainage districts.
  462         c. Erosion control districts.
  463         d. Flood control districts.
  464         e. Regional water supply authorities.
  465         3. Each project submitted to the department pursuant to
  466  this paragraph for consideration by the department for inclusion
  467  in the plan must include all of the following information:
  468         a. A description of the project.
  469         b. The location of the project.
  470         c. An estimate of how long the project will take to
  471  complete.
  472         d. An estimate of the cost of the project.
  473         e. The cost-share percentage available for the project.
  474         f. The project sponsor.
  475         (e) Each project included in the plan must have a minimum
  476  50 percent cost share unless the project assists or is within a
  477  financially disadvantaged small community eligible for a reduced
  478  cost share. For purposes of this section, the term “community
  479  eligible for a reduced cost share” “financially disadvantaged
  480  small community” means:
  481         1. A municipality that has a population of 10,000 or fewer,
  482  according to the most recent April 1 population estimates posted
  483  on the Office of Economic and Demographic Research’s website,
  484  and a per capita annual income that is less than the state’s per
  485  capita annual income as shown in the most recent release from
  486  the Bureau of the Census of the United States Department of
  487  Commerce that includes both measurements; or
  488         2. A county that has a population of 50,000 or fewer,
  489  according to the most recent April 1 population estimates posted
  490  on the Office of Economic and Demographic Research’s website,
  491  and a per capita annual income that is less than the state’s per
  492  capita annual income as shown in the most recent release from
  493  the Bureau of the Census of the United States Department of
  494  Commerce that includes both measurements; or
  495         3.A municipality or a county with a per capita annual
  496  income that is equal to or less than 75 percent of the state’s
  497  per capita annual income as shown in the most recent release
  498  from the Bureau of the Census of the United States Department of
  499  Commerce.
  500         (f) To be eligible for inclusion in the plan, a project
  501  must have been submitted pursuant to paragraph (d) or must have
  502  been identified in the comprehensive statewide flood
  503  vulnerability and sea level rise assessment, as applicable.
  504         (g) Expenses ineligible for inclusion in the plan include,
  505  but are not limited to, expenses associated with any of the
  506  following:
  507         1. Aesthetic vegetation.
  508         2. Recreational structures such as piers, docks, and
  509  boardwalks.
  510         3. Water quality components of stormwater and wastewater
  511  management systems, except for expenses to mitigate water
  512  quality impacts caused by the project or expenses related to
  513  water quality which are necessary to obtain a permit for the
  514  project.
  515         4. Maintenance and repair of over-walks.
  516         5. Park activities and facilities, except expenses to
  517  control flooding or erosion.
  518         6. Navigation construction, operation, and maintenance
  519  activities.
  520         7. Projects that provide only recreational benefits.
  521         (g)(h) The department shall implement a scoring system for
  522  assessing each project eligible for inclusion in the plan
  523  pursuant to this subsection. The scoring system must include the
  524  following tiers and associated criteria:
  525         1. Tier 1 must account for 40 percent of the total score
  526  and consist of all of the following criteria:
  527         a. The degree to which the project addresses the risks
  528  posed by flooding and sea level rise identified in the local
  529  government vulnerability assessments or the comprehensive
  530  statewide flood vulnerability and sea level rise assessment, as
  531  applicable.
  532         b. The degree to which the project addresses risks to
  533  regionally significant assets.
  534         c. The degree to which the project reduces risks to areas
  535  with an overall higher percentage of vulnerable critical assets.
  536         d. The degree to which the project contributes to existing
  537  flooding mitigation projects that reduce upland damage costs by
  538  incorporating new or enhanced structures or restoration and
  539  revegetation projects.
  540         2. Tier 2 must account for 30 percent of the total score
  541  and consist of all of the following criteria:
  542         a. The degree to which flooding and erosion currently
  543  affect the condition of the project area.
  544         b. The overall readiness of the project to proceed in a
  545  timely manner, considering the project’s readiness for the
  546  construction phase of development, the status of required
  547  permits, the status of any needed easement acquisition, and the
  548  availability of local funding sources.
  549         c. The environmental habitat enhancement or inclusion of
  550  nature-based options for resilience, with priority given to
  551  state or federal critical habitat areas for threatened or
  552  endangered species.
  553         d. The cost-effectiveness of the project.
  554         3. Tier 3 must account for 20 percent of the total score
  555  and consist of all of the following criteria:
  556         a. The availability of local, state, and federal matching
  557  funds, considering the status of the funding award, and federal
  558  authorization, if applicable.
  559         b. Previous state commitment and involvement in the
  560  project, considering previously funded phases, the total amount
  561  of previous state funding, and previous partial appropriations
  562  for the proposed project.
  563         c. The exceedance of the flood-resistant construction
  564  requirements of the Florida Building Code and applicable flood
  565  plain management regulations.
  566         4. Tier 4 must account for 10 percent of the total score
  567  and consist of all of the following criteria:
  568         a. The proposed innovative technologies designed to reduce
  569  project costs and provide regional collaboration.
  570         b. The extent to which the project assists financially
  571  disadvantaged communities.
  572         (h)(i) The total amount of funding proposed for each year
  573  of the plan may not be less than $100 million. Upon review and
  574  subject to appropriation, the Legislature shall approve funding
  575  for the projects as specified in the plan. Multiyear projects
  576  that receive funding for the first year of the project must be
  577  included in subsequent plans and funded until the project is
  578  complete, provided that the project sponsor has complied with
  579  all contractual obligations and funds are available.
  580         (i)(j) The department shall adopt rules initiate rulemaking
  581  by August 1, 2021, to implement this section.
  582         (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific
  583  legislative appropriation, the department may provide funding
  584  for all of the following purposes to regional entities,
  585  including regional planning councils and estuary partnerships,
  586  that are established by general purpose local governments and
  587  whose responsibilities include planning for the resilience needs
  588  of communities and coordinating intergovernmental solutions to
  589  mitigate adverse impacts of flooding and sea level rise:
  590         (a) Providing technical assistance to counties and
  591  municipalities.
  592         (b) Coordinating and conducting activities authorized by
  593  subsection (3) with broad regional benefit or on behalf of
  594  multiple member counties and municipalities multijurisdictional
  595  vulnerability assessments.
  596         (c) Developing project proposals to be submitted for
  597  inclusion in the Statewide Flooding and Sea Level Rise
  598  Resilience Plan.
  599         Section 5. Subsection (1) of section 381.0061, Florida
  600  Statutes, is amended to read:
  601         381.0061 Administrative fines.—
  602         (1) In addition to any administrative action authorized by
  603  chapter 120 or by other law, the department may impose a fine,
  604  which may not exceed $500 for each violation, for a violation of
  605  s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or
  606  part III of chapter 489, for a violation of any rule adopted by
  607  the department under this chapter, or for a violation of chapter
  608  386 not involving onsite sewage treatment and disposal systems.
  609  The department shall give an alleged violator a notice of intent
  610  to impose such fine shall be given by the department to the
  611  alleged violator. Each day that a violation continues may
  612  constitute a separate violation.
  613         Section 6. The Legislature intends that the transfer of the
  614  regulation of the Onsite Sewage Program from the Department of
  615  Health to the Department of Environmental Protection, as
  616  required by the Clean Waterways Act, chapter 2020-150, Laws of
  617  Florida, be completed in a phased approach.
  618         (1)Before the phased transfer, the Department of
  619  Environmental Protection shall coordinate with the Department of
  620  Health to identify equipment and vehicles that were previously
  621  used to carry out the program in each county and that are no
  622  longer needed for such purpose. The Department of Health shall
  623  transfer the agreed-upon equipment and vehicles to the
  624  Department of Environmental Protection, to the extent that each
  625  county agrees to relinquish ownership of such equipment and
  626  vehicles to the Department of Health.
  627         (2)When the Department of Environmental Protection begins
  628  implementing the program within a county, the Department of
  629  Health may no longer implement or collect fees for the program
  630  unless specified by separate delegation or contract with the
  631  Department of Environmental Protection.
  632         Section 7. Paragraph (h) of subsection (3) and subsections
  633  (5) and (7) of section 381.0065, Florida Statutes, are amended,
  634  paragraph (o) is added to subsection (3) of that section, and
  635  subsection (9) is added to that section, to read:
  636         381.0065 Onsite sewage treatment and disposal systems;
  637  regulation.—
  638         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  639  PROTECTION.—The department shall:
  640         (h) Conduct enforcement activities in accordance with part
  641  I of chapter 403, including imposing fines, issuing citations,
  642  suspensions, revocations, injunctions, and emergency orders for
  643  violations of this section, part I of chapter 386, or part III
  644  of chapter 489 or for a violation of any rule adopted by the
  645  department under this section, part I of chapter 386, or part
  646  III of chapter 489. All references to part I of chapter 386 in
  647  this section relate solely to nuisances involving improperly
  648  built or maintained septic tanks or other onsite sewage
  649  treatment and disposal systems, and untreated or improperly
  650  treated or transported waste from onsite sewage treatment and
  651  disposal systems. The department shall have all the duties and
  652  authorities of the Department of Health in part I of chapter 386
  653  for nuisances involving onsite sewage treatment and disposal
  654  systems. The department’s authority under part I of chapter 386
  655  is in addition to and may be pursued independently of or
  656  simultaneously with the enforcement remedies provided under this
  657  section and chapter 403.
  658         (o)Adopt rules establishing and implementing a program of
  659  general permits for this section for projects, or categories of
  660  projects, which have, individually or cumulatively, a minimal
  661  adverse impact on public health or the environment. Such rules
  662  must:
  663         1.Specify design or performance criteria which, if
  664  applied, would result in compliance with appropriate standards;
  665  and
  666         2.Authorize a person who complies with the general permit
  667  eligibility requirements to use the permit 30 days after giving
  668  notice to the department without any agency action by the
  669  department. Within the 30-day notice period, the department
  670  shall determine whether the activity qualifies for a general
  671  permit. If the activity does not qualify or the notice does not
  672  contain all the required information, the department must notify
  673  the person.
  674         (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  675         (a) Department personnel who have reason to believe
  676  noncompliance exists, may at any reasonable time, enter the
  677  premises permitted under ss. 381.0065-381.0066, or the business
  678  premises of any septic tank contractor or master septic tank
  679  contractor registered under part III of chapter 489, or any
  680  premises that the department has reason to believe is being
  681  operated or maintained not in compliance, to determine
  682  compliance with the provisions of this section, part I of
  683  chapter 386, or part III of chapter 489 or rules or standards
  684  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  685  part III of chapter 489. As used in this paragraph, the term
  686  “premises” does not include a residence or private building. To
  687  gain entry to a residence or private building, the department
  688  must obtain permission from the owner or occupant or secure an
  689  inspection warrant from a court of competent jurisdiction
  690  pursuant to the procedures of s. 403.091.
  691         (b)1. The department has all of the judicial and
  692  administrative remedies available to it pursuant to part I of
  693  chapter 403 may issue citations that may contain an order of
  694  correction or an order to pay a fine, or both, for violations of
  695  ss. 381.0065-381.0067, part I of chapter 386, or part III of
  696  chapter 489 or the rules adopted by the department, when a
  697  violation of these sections or rules is enforceable by an
  698  administrative or civil remedy, or when a violation of these
  699  sections or rules is a misdemeanor of the second degree. A
  700  citation issued under ss. 381.0065-381.0067, part I of chapter
  701  386, or part III of chapter 489 constitutes a notice of proposed
  702  agency action.
  703         2. A citation must be in writing and must describe the
  704  particular nature of the violation, including specific reference
  705  to the provisions of law or rule allegedly violated.
  706         3. The fines imposed by a citation issued by the department
  707  may not exceed $500 for each violation. Each day the violation
  708  exists constitutes a separate violation for which a citation may
  709  be issued.
  710         4. The department shall inform the recipient, by written
  711  notice pursuant to ss. 120.569 and 120.57, of the right to an
  712  administrative hearing to contest the citation within 21 days
  713  after the date the citation is received. The citation must
  714  contain a conspicuous statement that if the recipient fails to
  715  pay the fine within the time allowed, or fails to appear to
  716  contest the citation after having requested a hearing, the
  717  recipient has waived the recipient’s right to contest the
  718  citation and must pay an amount up to the maximum fine.
  719         5. The department may reduce or waive the fine imposed by
  720  the citation. In determining whether to reduce or waive the
  721  fine, the department must consider the gravity of the violation,
  722  the person’s attempts at correcting the violation, and the
  723  person’s history of previous violations including violations for
  724  which enforcement actions were taken under ss. 381.0065
  725  381.0067, part I of chapter 386, part III of chapter 489, or
  726  other provisions of law or rule.
  727         6. Any person who willfully refuses to sign and accept a
  728  citation issued by the department commits a misdemeanor of the
  729  second degree, punishable as provided in s. 775.082 or s.
  730  775.083.
  731         7. The department, pursuant to ss. 381.0065-381.0067, part
  732  I of chapter 386, or part III of chapter 489, shall deposit any
  733  damages, costs, or penalties fines it collects pursuant to this
  734  section and part I of chapter 403 in the Water Quality Assurance
  735  Trust Fund county health department trust fund for use in
  736  providing services specified in those sections.
  737         8. This section provides an alternative means of enforcing
  738  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  739  chapter 489. This section does not prohibit the department from
  740  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  741  III of chapter 489, or its rules, by any other means. However,
  742  the department must elect to use only a single method of
  743  enforcement for each violation.
  744         (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
  745  TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
  746  total maximum daily load, the department shall implement a fast
  747  track approval process of no longer than 6 months for the
  748  determination of the use of American National Standards
  749  Institute 245 systems approved by NSF International before July
  750  1, 2020. The department shall also establish an enhanced
  751  nutrient-reducing onsite sewage treatment and disposal system
  752  approval program that will expeditiously evaluate and approve
  753  such systems for use in this state to comply with ss.
  754  403.067(7)(a)10. and 373.469(3)(d).
  755         (9)CONTRACT OR DELEGATION AUTHORITY.—The department may
  756  contract with or delegate its powers and duties under this
  757  section to a county as provided in s. 403.061 or s. 403.182.
  758         Section 8. Subsection (2) of section 381.0066, Florida
  759  Statutes, is amended to read:
  760         381.0066 Onsite sewage treatment and disposal systems;
  761  fees.—
  762         (2) The minimum fees in the following fee schedule apply
  763  until changed by rule by the department within the following
  764  limits:
  765         (a) Application review, permit issuance, or system
  766  inspection, when performed by the department or a private
  767  provider inspector, including repair of a subsurface, mound,
  768  filled, or other alternative system or permitting of an
  769  abandoned system: a fee of not less than $25, or more than $125.
  770         (b) Site evaluation, site reevaluation, evaluation of a
  771  system previously in use, or a per annum septage disposal site
  772  evaluation: a fee of not less than $40, or more than $115.
  773         (c) Biennial operating permit for aerobic treatment units
  774  or performance-based treatment systems: a fee of not more than
  775  $100.
  776         (d) Annual operating permit for systems located in areas
  777  zoned for industrial manufacturing or equivalent uses or where
  778  the system is expected to receive wastewater which is not
  779  domestic in nature: a fee of not less than $150, or more than
  780  $300.
  781         (e) Innovative technology: a fee not to exceed $25,000.
  782         (f) Septage disposal service, septage stabilization
  783  facility, portable or temporary toilet service, tank
  784  manufacturer inspection: a fee of not less than $25, or more
  785  than $200, per year.
  786         (g) Application for variance: a fee of not less than $150,
  787  or more than $300.
  788         (h) Annual operating permit for waterless, incinerating, or
  789  organic waste composting toilets: a fee of not less than $15, or
  790  more than $30.
  791         (i) Aerobic treatment unit or performance-based treatment
  792  system maintenance entity permit: a fee of not less than $25, or
  793  more than $150, per year.
  794         (j) Reinspection fee per visit for site inspection after
  795  system construction approval or for noncompliant system
  796  installation per site visit: a fee of not less than $25, or more
  797  than $100.
  798         (k) Research: An additional $5 fee shall be added to each
  799  new system construction permit issued to be used to fund onsite
  800  sewage treatment and disposal system research, demonstration,
  801  and training projects. Five dollars from any repair permit fee
  802  collected under this section shall be used for funding the
  803  hands-on training centers described in s. 381.0065(3)(j).
  804         (l) Annual operating permit, including annual inspection
  805  and any required sampling and laboratory analysis of effluent,
  806  for an engineer-designed performance-based system: a fee of not
  807  less than $150, or more than $300.
  808  
  809  The funds collected pursuant to this subsection for the
  810  implementation of onsite sewage treatment and disposal system
  811  regulation and for the purposes of ss. 381.00655 and 381.0067,
  812  subsequent to any phased transfer of implementation from the
  813  Department of Health to the department within any county
  814  pursuant to s. 381.0065, must be deposited in the Florida Permit
  815  Fee Trust Fund under s. 403.0871, to be administered by the
  816  department a trust fund administered by the department, to be
  817  used for the purposes stated in this section and ss. 381.0065
  818  and 381.00655.
  819         Section 9. Subsection (4) of section 403.061, Florida
  820  Statutes, is amended to read:
  821         403.061 Department; powers and duties.—The department shall
  822  have the power and the duty to control and prohibit pollution of
  823  air and water in accordance with the law and rules adopted and
  824  promulgated by it and, for this purpose, to:
  825         (4) Secure necessary scientific, technical, research,
  826  administrative, and operational services by interagency
  827  agreement, by contract, or otherwise. All state agencies and
  828  counties, upon direction of the department, shall make these
  829  services and facilities available.
  830  
  831  The department shall implement such programs in conjunction with
  832  its other powers and duties and shall place special emphasis on
  833  reducing and eliminating contamination that presents a threat to
  834  humans, animals or plants, or to the environment.
  835         Section 10. Subsections (1), (2), (14), and (15) of section
  836  403.064, Florida Statutes, are amended to read:
  837         403.064 Reuse of reclaimed water.—
  838         (1) The encouragement and promotion of water conservation,
  839  and reuse of reclaimed water, as defined by the department, are
  840  state objectives and are considered to be in the public
  841  interest. The Legislature finds that the reuse of reclaimed
  842  water is a critical component of meeting the state’s existing
  843  and future water supply needs while sustaining natural systems
  844  and encouraging its best and most beneficial use. The
  845  Legislature further finds that for those wastewater treatment
  846  plants permitted and operated under an approved reuse program by
  847  the department, the reclaimed water shall be considered
  848  environmentally acceptable and not a threat to public health and
  849  safety. The Legislature encourages the development of incentive
  850  based programs for reuse implementation.
  851         (2) All applicants for permits to construct or operate a
  852  domestic wastewater treatment facility located within, serving a
  853  population located within, or discharging within a water
  854  resource caution area shall prepare a reuse feasibility study as
  855  part of their application for the permit. Reuse feasibility
  856  studies must shall be prepared in accordance with department
  857  guidelines adopted by rule and shall include, but are not
  858  limited to:
  859         (a) Evaluation of monetary costs and benefits for several
  860  levels and types of reuse.
  861         (b) Evaluation of the estimated water savings resulting
  862  from different types of if reuse, if is implemented.
  863         (c) Evaluation of rates and fees necessary to implement
  864  reuse.
  865         (d) Evaluation of environmental and water resource benefits
  866  associated with the different types of reuse.
  867         (e) Evaluation of economic, environmental, and technical
  868  constraints associated with the different types of reuse,
  869  including any constraints caused by potential water quality
  870  impacts.
  871         (f) A schedule for implementation of reuse. The schedule
  872  must shall consider phased implementation.
  873         (14) After conducting a feasibility study under subsection
  874  (2), a domestic wastewater treatment facility facilities that
  875  disposes dispose of effluent by Class I deep well injection, as
  876  defined in 40 C.F.R. s. 144.6(a), surface water discharge, land
  877  application, or other method to dispose of effluent or a portion
  878  thereof must implement reuse to the degree that reuse is
  879  feasible, based upon the applicant’s reuse feasibility study,
  880  with consideration given to direct ecological or public water
  881  supply benefits afforded by any disposal. Applicable permits
  882  issued by the department must shall be consistent with the
  883  requirements of this subsection.
  884         (a) This subsection does not limit the use of a Class I
  885  deep well injection as defined in 40 C.F.R. s. 144.6(a), surface
  886  water discharge, land application, or another method to dispose
  887  of effluent or a portion thereof for backup use only facility as
  888  backup for a reclaimed water reuse system.
  889         (b) This subsection applies only to domestic wastewater
  890  treatment facilities located within, serving a population
  891  located within, or discharging within a water resource caution
  892  area.
  893         (15) After conducting a feasibility study under subsection
  894  (2), domestic wastewater treatment facilities that dispose of
  895  effluent by surface water discharges or by land application
  896  methods must implement reuse to the degree that reuse is
  897  feasible, based upon the applicant’s reuse feasibility study.
  898  This subsection does not apply to surface water discharges or
  899  land application systems which are currently categorized as
  900  reuse under department rules. Applicable permits issued by the
  901  department shall be consistent with the requirements of this
  902  subsection.
  903         (a) This subsection does not limit the use of a surface
  904  water discharge or land application facility as backup for a
  905  reclaimed water reuse system.
  906         (b) This subsection applies only to domestic wastewater
  907  treatment facilities located within, serving a population
  908  located within, or discharging within a water resource caution
  909  area.
  910         Section 11. Paragraph (a) of subsection (7) of section
  911  403.067, Florida Statutes, is amended to read:
  912         403.067 Establishment and implementation of total maximum
  913  daily loads.—
  914         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  915  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  916         (a) Basin management action plans.—
  917         1. In developing and implementing the total maximum daily
  918  load for a waterbody, the department, or the department in
  919  conjunction with a water management district, may develop a
  920  basin management action plan that addresses some or all of the
  921  watersheds and basins tributary to the waterbody. Such plan must
  922  integrate the appropriate management strategies available to the
  923  state through existing water quality protection programs to
  924  achieve the total maximum daily loads and may provide for phased
  925  implementation of these management strategies to promote timely,
  926  cost-effective actions as provided for in s. 403.151. The plan
  927  must establish a schedule implementing the management
  928  strategies, establish a basis for evaluating the plan’s
  929  effectiveness, and identify feasible funding strategies for
  930  implementing the plan’s management strategies. The management
  931  strategies may include regional treatment systems or other
  932  public works, when appropriate, and voluntary trading of water
  933  quality credits to achieve the needed pollutant load reductions.
  934         2. A basin management action plan must equitably allocate,
  935  pursuant to paragraph (6)(b), pollutant reductions to individual
  936  basins, as a whole to all basins, or to each identified point
  937  source or category of nonpoint sources, as appropriate. For
  938  nonpoint sources for which best management practices have been
  939  adopted, the initial requirement specified by the plan must be
  940  those practices developed pursuant to paragraph (c). When
  941  appropriate, the plan may take into account the benefits of
  942  pollutant load reduction achieved by point or nonpoint sources
  943  that have implemented management strategies to reduce pollutant
  944  loads, including best management practices, before the
  945  development of the basin management action plan. The plan must
  946  also identify the mechanisms that will address potential future
  947  increases in pollutant loading.
  948         3. The basin management action planning process is intended
  949  to involve the broadest possible range of interested parties,
  950  with the objective of encouraging the greatest amount of
  951  cooperation and consensus possible. In developing a basin
  952  management action plan, the department shall assure that key
  953  stakeholders, including, but not limited to, applicable local
  954  governments, water management districts, the Department of
  955  Agriculture and Consumer Services, other appropriate state
  956  agencies, local soil and water conservation districts,
  957  environmental groups, regulated interests, and affected
  958  pollution sources, are invited to participate in the process.
  959  The department shall hold at least one public meeting in the
  960  vicinity of the watershed or basin to discuss and receive
  961  comments during the planning process and shall otherwise
  962  encourage public participation to the greatest practicable
  963  extent. Notice of the public meeting must be published in a
  964  newspaper of general circulation in each county in which the
  965  watershed or basin lies at least 5 days, but not more than 15
  966  days, before the public meeting. A basin management action plan
  967  does not supplant or otherwise alter any assessment made under
  968  subsection (3) or subsection (4) or any calculation or initial
  969  allocation.
  970         4. Each new or revised basin management action plan must
  971  include all of the following:
  972         a. The appropriate management strategies available through
  973  existing water quality protection programs to achieve total
  974  maximum daily loads, which may provide for phased implementation
  975  to promote timely, cost-effective actions as provided for in s.
  976  403.151.
  977         b. A description of best management practices adopted by
  978  rule.
  979         c. For the applicable 5-year implementation milestone, a
  980  list of projects that will achieve the pollutant load reductions
  981  needed to meet the total maximum daily load or the load
  982  allocations established pursuant to subsection (6). Each project
  983  must include a planning-level cost estimate and an estimated
  984  date of completion.
  985         d. A list of projects developed pursuant to paragraph (e),
  986  if applicable.
  987         e. The source and amount of financial assistance to be made
  988  available by the department, a water management district, or
  989  other entity for each listed project, if applicable.
  990         f. A planning-level estimate of each listed project’s
  991  expected load reduction, if applicable.
  992         5. The department shall adopt all or any part of a basin
  993  management action plan and any amendment to such plan by
  994  secretarial order pursuant to chapter 120 to implement this
  995  section.
  996         6. The basin management action plan must include 5-year
  997  milestones for implementation and water quality improvement, and
  998  an associated water quality monitoring component sufficient to
  999  evaluate whether reasonable progress in pollutant load
 1000  reductions is being achieved over time. An assessment of
 1001  progress toward these milestones shall be conducted every 5
 1002  years, and revisions to the plan shall be made as appropriate.
 1003  Any entity with a specific pollutant load reduction requirement
 1004  established in a basin management action plan shall identify the
 1005  projects or strategies that such entity will undertake to meet
 1006  current 5-year pollution reduction milestones, beginning with
 1007  the first 5-year milestone for new basin management action
 1008  plans, and submit such projects to the department for inclusion
 1009  in the appropriate basin management action plan. Each project
 1010  identified must include an estimated amount of nutrient
 1011  reduction that is reasonably expected to be achieved based on
 1012  the best scientific information available. Revisions to the
 1013  basin management action plan shall be made by the department in
 1014  cooperation with basin stakeholders. Revisions to the management
 1015  strategies required for nonpoint sources must follow the
 1016  procedures in subparagraph (c)4. Revised basin management action
 1017  plans must be adopted pursuant to subparagraph 5.
 1018         7. In accordance with procedures adopted by rule under
 1019  paragraph (9)(c), basin management action plans, and other
 1020  pollution control programs under local, state, or federal
 1021  authority as provided in subsection (4), may allow point or
 1022  nonpoint sources that will achieve greater pollutant reductions
 1023  than required by an adopted total maximum daily load or
 1024  wasteload allocation to generate, register, and trade water
 1025  quality credits for the excess reductions to enable other
 1026  sources to achieve their allocation; however, the generation of
 1027  water quality credits does not remove the obligation of a source
 1028  or activity to meet applicable technology requirements or
 1029  adopted best management practices. Such plans must allow trading
 1030  between NPDES permittees, and trading that may or may not
 1031  involve NPDES permittees, where the generation or use of the
 1032  credits involve an entity or activity not subject to department
 1033  water discharge permits whose owner voluntarily elects to obtain
 1034  department authorization for the generation and sale of credits.
 1035         8. The department’s rule relating to the equitable
 1036  abatement of pollutants into surface waters do not apply to
 1037  water bodies or waterbody segments for which a basin management
 1038  plan that takes into account future new or expanded activities
 1039  or discharges has been adopted under this section.
 1040         9. In order to promote resilient wastewater utilities, if
 1041  the department identifies domestic wastewater treatment
 1042  facilities or onsite sewage treatment and disposal systems as
 1043  contributors of at least 20 percent of point source or nonpoint
 1044  source nutrient pollution or if the department determines
 1045  remediation is necessary to achieve the total maximum daily
 1046  load, a basin management action plan for a nutrient total
 1047  maximum daily load must include the following:
 1048         a. A domestic wastewater treatment plan developed by each
 1049  local government, in cooperation with the department, the water
 1050  management district, and the public and private domestic
 1051  wastewater treatment facilities providing services or located
 1052  within the jurisdiction of the local government, which that
 1053  addresses domestic wastewater. Private domestic wastewater
 1054  facilities and special districts providing domestic wastewater
 1055  services must provide the required wastewater facility
 1056  information to the applicable local governments. The domestic
 1057  wastewater treatment plan must:
 1058         (I) Provide for construction, expansion, or upgrades
 1059  necessary to achieve the total maximum daily load requirements
 1060  applicable to the domestic wastewater treatment facility.
 1061         (II) Include the permitted capacity in average annual
 1062  gallons per day for the domestic wastewater treatment facility;
 1063  the average nutrient concentration and the estimated average
 1064  nutrient load of the domestic wastewater; a projected timeline
 1065  of the dates by which the construction of any facility
 1066  improvements will begin and be completed and the date by which
 1067  operations of the improved facility will begin; the estimated
 1068  cost of the improvements; and the identity of responsible
 1069  parties.
 1070  
 1071  The domestic wastewater treatment plan must be adopted as part
 1072  of the basin management action plan no later than July 1, 2025.
 1073  A local government that does not have a domestic wastewater
 1074  treatment facility in its jurisdiction is not required to
 1075  develop a domestic wastewater treatment plan unless there is a
 1076  demonstrated need to establish a domestic wastewater treatment
 1077  facility within its jurisdiction to improve water quality
 1078  necessary to achieve a total maximum daily load. A local
 1079  government is not responsible for a private domestic wastewater
 1080  facility’s compliance with a basin management action plan unless
 1081  such facility is operated through a public-private partnership
 1082  to which the local government is a party.
 1083         b. An onsite sewage treatment and disposal system
 1084  remediation plan developed by each local government in
 1085  cooperation with the department, the Department of Health, water
 1086  management districts, and public and private domestic wastewater
 1087  treatment facilities.
 1088         (I) The onsite sewage treatment and disposal system
 1089  remediation plan must identify cost-effective and financially
 1090  feasible projects necessary to achieve the nutrient load
 1091  reductions required for onsite sewage treatment and disposal
 1092  systems. To identify cost-effective and financially feasible
 1093  projects for remediation of onsite sewage treatment and disposal
 1094  systems, the local government shall:
 1095         (A) Include an inventory of onsite sewage treatment and
 1096  disposal systems based on the best information available;
 1097         (B) Identify onsite sewage treatment and disposal systems
 1098  that would be eliminated through connection to existing or
 1099  future central domestic wastewater infrastructure in the
 1100  jurisdiction or domestic wastewater service area of the local
 1101  government, that would be replaced with or upgraded to enhanced
 1102  nutrient-reducing onsite sewage treatment and disposal systems,
 1103  or that would remain on conventional onsite sewage treatment and
 1104  disposal systems;
 1105         (C) Estimate the costs of potential onsite sewage treatment
 1106  and disposal system connections, upgrades, or replacements; and
 1107         (D) Identify deadlines and interim milestones for the
 1108  planning, design, and construction of projects.
 1109         (II) The department shall adopt the onsite sewage treatment
 1110  and disposal system remediation plan as part of the basin
 1111  management action plan no later than July 1, 2025, or as
 1112  required for Outstanding Florida Springs under s. 373.807.
 1113         10. The installation of new onsite sewage treatment and
 1114  disposal systems constructed within a basin management action
 1115  plan area adopted under this section, a reasonable assurance
 1116  plan, or a pollution reduction plan is prohibited where
 1117  connection to a publicly owned or investor-owned sewerage system
 1118  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1119  or less within a basin management action plan adopted under this
 1120  section, a reasonable assurance plan, or a pollution reduction
 1121  plan where a publicly owned or investor-owned sewerage system is
 1122  not available, the installation of enhanced nutrient-reducing
 1123  onsite sewage treatment and disposal systems or other wastewater
 1124  treatment systems that achieve at least 65 percent nitrogen
 1125  reduction is required.
 1126         11. When identifying wastewater projects in a basin
 1127  management action plan, the department may not require the
 1128  higher cost option if it achieves the same nutrient load
 1129  reduction as a lower cost option. A regulated entity may choose
 1130  a different cost option if it complies with the pollutant
 1131  reduction requirements of an adopted total maximum daily load
 1132  and meets or exceeds the pollution reduction requirement of the
 1133  original project.
 1134         12. Annually, local governments subject to a basin
 1135  management action plan or located within the basin of a
 1136  waterbody not attaining nutrient or nutrient-related standards
 1137  must provide to the department an update on the status of
 1138  construction of sanitary sewers to serve such areas, in a manner
 1139  prescribed by the department.
 1140         Section 12. Paragraph (f) of subsection (2) and subsection
 1141  (7) of section 403.0673, Florida Statutes, are amended, and
 1142  subsection (8) is added to that section, to read:
 1143         403.0673 Water quality improvement grant program.—A grant
 1144  program is established within the Department of Environmental
 1145  Protection to address wastewater, stormwater, and agricultural
 1146  sources of nutrient loading to surface water or groundwater.
 1147         (2) The department may provide grants for all of the
 1148  following types of projects that reduce the amount of nutrients
 1149  entering those waterbodies identified in subsection (1):
 1150         (f) Projects identified in a domestic wastewater treatment
 1151  plan or an onsite sewage treatment and disposal system
 1152  remediation plan developed pursuant to s. 403.067(7)(a)9.a. and
 1153  b.
 1154         (7) Beginning January 15, 2024, and each January 15
 1155  thereafter, the department shall submit a report regarding the
 1156  projects funded pursuant to this section to the Governor, the
 1157  President of the Senate, and the Speaker of the House of
 1158  Representatives.
 1159         (a) The report must include a list of those projects
 1160  receiving funding and the following information for each
 1161  project:
 1162         1.(a) A description of the project;
 1163         2.(b) The cost of the project;
 1164         3.(c) The estimated nutrient load reduction of the project;
 1165         4.(d) The location of the project;
 1166         5.(e) The waterbody or waterbodies where the project will
 1167  reduce nutrients; and
 1168         6.(f) The total cost share being provided for the project.
 1169         (b)The report must also include a status report on each
 1170  project funded since 2021. The status report must, at a minimum,
 1171  identify which projects have been completed and, if such
 1172  information is available, provide nutrient load improvements or
 1173  water quality testing data for the waterbody.
 1174         (8)By July 1, 2025, the department must include the
 1175  projects funded pursuant to this section on a user-friendly
 1176  website or dashboard. The website or dashboard must allow the
 1177  user to see the information provided in subsection (7) and must
 1178  be updated at least annually.
 1179         Section 13. Paragraph (c) of subsection (1) of section
 1180  403.086, Florida Statutes, is amended to read:
 1181         403.086 Sewage disposal facilities; advanced and secondary
 1182  waste treatment.—
 1183         (1)
 1184         (c)1. Notwithstanding this chapter or chapter 373, sewage
 1185  disposal facilities may not dispose any wastes into the
 1186  following waters without providing advanced waste treatment, as
 1187  defined in subsection (4), as approved by the department or a
 1188  more stringent treatment standard if the department determines
 1189  the more stringent standard is necessary to achieve the total
 1190  maximum daily load or applicable water quality criteria:
 1191         a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega
 1192  Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little
 1193  Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay;
 1194  Biscayne Bay; or any river, stream, channel, canal, bay, bayou,
 1195  sound, or other water tributary thereto.
 1196         b. Beginning July 1, 2025, Indian River Lagoon, or any
 1197  river, stream, channel, canal, bay, bayou, sound, or other water
 1198  tributary thereto.
 1199         c. By January 1, 2033, waterbodies that are currently not
 1200  attaining nutrient or nutrient-related standards or that are
 1201  subject to a nutrient or nutrient-related basin management
 1202  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1203  assurance plan.
 1204         2. For any waterbody determined not to be attaining
 1205  nutrient or nutrient-related standards after July 1, 2023, or
 1206  subject to a nutrient or nutrient-related basin management
 1207  action plan adopted pursuant to s. 403.067 or adopted reasonable
 1208  assurance plan after July 1, 2023, sewage disposal facilities
 1209  are prohibited from disposing any wastes into such waters
 1210  without providing advanced waste treatment, as defined in
 1211  subsection (4), as approved by the department within 10 years
 1212  after such determination or adoption.
 1213         3.By July 1, 2034, a wastewater treatment facility
 1214  providing reclaimed water that will be used for commercial or
 1215  residential irrigation or be otherwise land applied within a
 1216  nutrient basin management action plan or reasonable assurance
 1217  plan area must meet the advanced waste treatment standards for
 1218  total nitrogen and total phosphorous as defined in paragraph
 1219  (4)(a) if the department has determined in an applicable basin
 1220  management action plan or reasonable assurance plan that the use
 1221  of reclaimed water as described in this subparagraph is causing
 1222  or contributing to the nutrient impairment being addressed in
 1223  such plan. For such department determinations made in a nutrient
 1224  basin management action plan or reasonable assurance plan after
 1225  July 1, 2024, an applicable wastewater treatment facility must
 1226  meet the requisite advanced waste treatment standards described
 1227  in this subparagraph within 10 years after such determination.
 1228  This subparagraph does not prevent the department from requiring
 1229  an alternative treatment standard, including a more stringent
 1230  treatment standard, if the department determines that the
 1231  alternative standard is necessary to achieve the total maximum
 1232  daily load or applicable water quality criteria. This
 1233  subparagraph does not apply to reclaimed water that is otherwise
 1234  land applied as part of a water quality restoration project or
 1235  water resource development project approved by the department to
 1236  meet a total maximum daily load or minimum flow or level and
 1237  where such reclaimed water will be at or below the advanced
 1238  waste treatment standards described above before entering
 1239  groundwater or surface water.
 1240         Section 14. Paragraphs (a) and (b) of subsection (1) and
 1241  paragraph (b) of subsection (3) of section 403.091, Florida
 1242  Statutes, are amended to read:
 1243         403.091 Inspections.—
 1244         (1)(a) Any duly authorized representative of the department
 1245  may at any reasonable time enter and inspect, for the purpose of
 1246  ascertaining the state of compliance with the law or rules and
 1247  regulations of the department, any property, premises, or place,
 1248  except a building which is used exclusively for a private
 1249  residence, on or at which:
 1250         1. A hazardous waste generator, transporter, or facility or
 1251  other air or water contaminant source;
 1252         2. A discharger, including any nondomestic discharger which
 1253  introduces any pollutant into a publicly owned treatment works;
 1254         3. An onsite sewage treatment and disposal system as
 1255  defined in s. 381.0065(2)(m);
 1256         4. Any facility, as defined in s. 376.301; or
 1257         5.4. A resource recovery and management facility
 1258  
 1259  is located or is being constructed or installed or where records
 1260  which are required under this chapter, ss. 376.30-376.317, or
 1261  department rule are kept.
 1262         (b) Any duly authorized representative may at reasonable
 1263  times have access to and copy any records required under this
 1264  chapter or ss. 376.30-376.317; inspect any monitoring equipment
 1265  or method; sample for any pollutants as defined in s. 376.301,
 1266  effluents, or wastes which the owner or operator of such source
 1267  may be discharging or which may otherwise be located on or
 1268  underlying the owner’s or operator’s property; and obtain any
 1269  other information necessary to determine compliance with permit
 1270  conditions or other requirements of this chapter, ss. 376.30
 1271  376.317, ss. 381.0065-381.0067, part I of chapter 386 for
 1272  purposes of onsite sewage treatment and disposal systems, part
 1273  III of chapter 489, or rules or standards adopted under ss.
 1274  381.0065-381.0067, part I of chapter 386 for purposes of onsite
 1275  sewage treatment and disposal systems, or part III of chapter
 1276  489, or department rules.
 1277         (3)
 1278         (b) Upon proper affidavit being made, an inspection warrant
 1279  may be issued under the provisions of this chapter or ss.
 1280  376.30-376.317:
 1281         1. When it appears that the properties to be inspected may
 1282  be connected with or contain evidence of the violation of any of
 1283  the provisions of this chapter or ss. 376.30-376.317, ss.
 1284  381.0065-381.0067, part I of chapter 386 for purposes of onsite
 1285  sewage treatment and disposal systems, part III of chapter 489,
 1286  or rules or standards adopted under ss. 381.0065-381.0067, part
 1287  I of chapter 386 for purposes of onsite sewage treatment and
 1288  disposal systems, or part III of chapter 489 or any rule
 1289  properly promulgated thereunder; or
 1290         2. When the inspection sought is an integral part of a
 1291  larger scheme of systematic routine inspections which are
 1292  necessary to, and consistent with, the continuing efforts of the
 1293  department to ensure compliance with the provisions of this
 1294  chapter or ss. 376.30-376.317, ss. 381.0065-381.0067, part I of
 1295  chapter 386 for purposes of onsite sewage treatment and disposal
 1296  systems, part III of chapter 489, or rules or standards adopted
 1297  under ss. 381.0065-381.0067, part I of chapter 386 for purposes
 1298  of onsite sewage treatment and disposal systems, or part III of
 1299  chapter 489 and any rules adopted thereunder.
 1300         Section 15. Section 403.121, Florida Statutes, is amended
 1301  to read:
 1302         403.121 Enforcement; procedure; remedies.—The department
 1303  shall have the following judicial and administrative remedies
 1304  available to it for violations of this chapter, as specified in
 1305  s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for
 1306  purposes of onsite sewage treatment and disposal systems, part
 1307  III of chapter 489, or any rule promulgated thereunder.
 1308         (1) Judicial Remedies:
 1309         (a) The department may institute a civil action in a court
 1310  of competent jurisdiction to establish liability and to recover
 1311  damages for any injury to the air, waters, or property,
 1312  including animal, plant, and aquatic life, of the state caused
 1313  by any violation.
 1314         (b) The department may institute a civil action in a court
 1315  of competent jurisdiction to impose and to recover a civil
 1316  penalty for each violation in an amount of not more than $15,000
 1317  per offense. However, the court may receive evidence in
 1318  mitigation. Each day during any portion of which such violation
 1319  occurs constitutes a separate offense.
 1320         (c) Except as provided in paragraph (2)(c), it is not a
 1321  defense to, or ground for dismissal of, these judicial remedies
 1322  for damages and civil penalties that the department has failed
 1323  to exhaust its administrative remedies, has failed to serve a
 1324  notice of violation, or has failed to hold an administrative
 1325  hearing before the institution of a civil action.
 1326         (2) Administrative Remedies:
 1327         (a) The department may institute an administrative
 1328  proceeding to establish liability and to recover damages for any
 1329  injury to the air, waters, or property, including animal, plant,
 1330  or aquatic life, of the state caused by any violation. The
 1331  department may order that the violator pay a specified sum as
 1332  damages to the state. Judgment for the amount of damages
 1333  determined by the department may be entered in any court having
 1334  jurisdiction thereof and may be enforced as any other judgment.
 1335         (b) If the department has reason to believe a violation has
 1336  occurred, it may institute an administrative proceeding to order
 1337  the prevention, abatement, or control of the conditions creating
 1338  the violation or other appropriate corrective action. Except for
 1339  violations involving hazardous wastes, asbestos, or underground
 1340  injection, the department shall proceed administratively in all
 1341  cases in which the department seeks administrative penalties
 1342  that do not exceed $50,000 per assessment as calculated in
 1343  accordance with subsections (3), (4), (5), (6), and (7).
 1344  Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
 1345  assessed pursuant to subsection (3), subsection (4), or
 1346  subsection (5) against a public water system serving a
 1347  population of more than 10,000 may not be less than $1,000 per
 1348  day per violation. The department may not impose administrative
 1349  penalties in excess of $50,000 in a notice of violation. The
 1350  department may not have more than one notice of violation
 1351  seeking administrative penalties pending against the same party
 1352  at the same time unless the violations occurred at a different
 1353  site or the violations were discovered by the department
 1354  subsequent to the filing of a previous notice of violation.
 1355         (c) An administrative proceeding shall be instituted by the
 1356  department’s serving of a written notice of violation upon the
 1357  alleged violator by certified mail. If the department is unable
 1358  to effect service by certified mail, the notice of violation may
 1359  be hand delivered or personally served in accordance with
 1360  chapter 48. The notice shall specify the law, rule, regulation,
 1361  permit, certification, or order of the department alleged to be
 1362  violated and the facts alleged to constitute a violation
 1363  thereof. An order for corrective action, penalty assessment, or
 1364  damages may be included with the notice. When the department is
 1365  seeking to impose an administrative penalty for any violation by
 1366  issuing a notice of violation, any corrective action needed to
 1367  correct the violation or damages caused by the violation must be
 1368  pursued in the notice of violation or they are waived. However,
 1369  an order is not effective until after service and an
 1370  administrative hearing, if requested within 20 days after
 1371  service. Failure to request an administrative hearing within
 1372  this time period constitutes a waiver thereof, unless the
 1373  respondent files a written notice with the department within
 1374  this time period opting out of the administrative process
 1375  initiated by the department to impose administrative penalties.
 1376  Any respondent choosing to opt out of the administrative process
 1377  initiated by the department in an action that seeks the
 1378  imposition of administrative penalties must file a written
 1379  notice with the department within 20 days after service of the
 1380  notice of violation opting out of the administrative process. A
 1381  respondent’s decision to opt out of the administrative process
 1382  does not preclude the department from initiating a state court
 1383  action seeking injunctive relief, damages, and the judicial
 1384  imposition of civil penalties.
 1385         (d) If a person timely files a petition challenging a
 1386  notice of violation, that person will thereafter be referred to
 1387  as the respondent. The hearing requested by the respondent shall
 1388  be held within 180 days after the department has referred the
 1389  initial petition to the Division of Administrative Hearings
 1390  unless the parties agree to a later date. The department has the
 1391  burden of proving with the preponderance of the evidence that
 1392  the respondent is responsible for the violation. Administrative
 1393  penalties should not be imposed unless the department satisfies
 1394  that burden. Following the close of the hearing, the
 1395  administrative law judge shall issue a final order on all
 1396  matters, including the imposition of an administrative penalty.
 1397  When the department seeks to enforce that portion of a final
 1398  order imposing administrative penalties pursuant to s. 120.69,
 1399  the respondent may not assert as a defense the inappropriateness
 1400  of the administrative remedy. The department retains its final
 1401  order authority in all administrative actions that do not
 1402  request the imposition of administrative penalties.
 1403         (e) After filing a petition requesting a formal hearing in
 1404  response to a notice of violation in which the department
 1405  imposes an administrative penalty, a respondent may request that
 1406  a private mediator be appointed to mediate the dispute by
 1407  contacting the Florida Conflict Resolution Consortium within 10
 1408  days after receipt of the initial order from the administrative
 1409  law judge. The Florida Conflict Resolution Consortium shall pay
 1410  all of the costs of the mediator and for up to 8 hours of the
 1411  mediator’s time per case at $150 per hour. Upon notice from the
 1412  respondent, the Florida Conflict Resolution Consortium shall
 1413  provide to the respondent a panel of possible mediators from the
 1414  area in which the hearing on the petition would be heard. The
 1415  respondent shall select the mediator and notify the Florida
 1416  Conflict Resolution Consortium of the selection within 15 days
 1417  of receipt of the proposed panel of mediators. The Florida
 1418  Conflict Resolution Consortium shall provide all of the
 1419  administrative support for the mediation process. The mediation
 1420  must be completed at least 15 days before the final hearing date
 1421  set by the administrative law judge.
 1422         (f) In any administrative proceeding brought by the
 1423  department, the prevailing party shall recover all costs as
 1424  provided in ss. 57.041 and 57.071. The costs must be included in
 1425  the final order. The respondent is the prevailing party when an
 1426  order is entered awarding no penalties to the department and
 1427  such order has not been reversed on appeal or the time for
 1428  seeking judicial review has expired. The respondent is entitled
 1429  to an award of attorney fees if the administrative law judge
 1430  determines that the notice of violation issued by the department
 1431  seeking the imposition of administrative penalties was not
 1432  substantially justified as defined in s. 57.111(3)(e). An award
 1433  of attorney fees as provided by this subsection may not exceed
 1434  $15,000.
 1435         (g) This section does not prevent any other legal or
 1436  administrative action in accordance with law and does not limit
 1437  the department’s authority provided in ss. 403.131, 403.141, and
 1438  this section to judicially pursue injunctive relief. When the
 1439  department exercises its authority to judicially pursue
 1440  injunctive relief, penalties in any amount up to the statutory
 1441  maximum sought by the department must be pursued as part of the
 1442  state court action and not by initiating a separate
 1443  administrative proceeding. The department retains the authority
 1444  to judicially pursue penalties in excess of $50,000 for
 1445  violations not specifically included in the administrative
 1446  penalty schedule, or for multiple or multiday violations alleged
 1447  to exceed a total of $50,000. The department also retains the
 1448  authority provided in ss. 403.131, 403.141, and this section to
 1449  judicially pursue injunctive relief and damages, if a notice of
 1450  violation seeking the imposition of administrative penalties has
 1451  not been issued. The department has the authority to enter into
 1452  a settlement, before or after initiating a notice of violation,
 1453  and the settlement may include a penalty amount different from
 1454  the administrative penalty schedule. Any case filed in state
 1455  court because it is alleged to exceed a total of $50,000 in
 1456  penalties may be settled in the court action for less than
 1457  $50,000.
 1458         (h) Chapter 120 applies to any administrative action taken
 1459  by the department or any delegated program pursuing
 1460  administrative penalties in accordance with this section.
 1461         (3) Except for violations involving hazardous wastes,
 1462  asbestos, or underground injection, administrative penalties
 1463  must be calculated according to the following schedule:
 1464         (a) For a drinking water contamination violation, the
 1465  department shall assess a penalty of $3,000 for a Maximum
 1466  Containment Level (MCL) violation; plus $1,500 if the violation
 1467  is for a primary inorganic, organic, or radiological Maximum
 1468  Contaminant Level or it is a fecal coliform bacteria violation;
 1469  plus $1,500 if the violation occurs at a community water system;
 1470  and plus $1,500 if any Maximum Contaminant Level is exceeded by
 1471  more than 100 percent. For failure to obtain a clearance letter
 1472  before placing a drinking water system into service when the
 1473  system would not have been eligible for clearance, the
 1474  department shall assess a penalty of $4,500.
 1475         (b) For failure to obtain a required wastewater permit,
 1476  other than a permit required for surface water discharge, or
 1477  obtain an onsite sewage treatment and disposal system permit, or
 1478  for a violation of s. 381.0065, or the creation of or
 1479  maintenance of a nuisance related to an onsite sewage treatment
 1480  and disposal system under part I of chapter 386, or for a
 1481  violation of part III of chapter 489, or any rule properly
 1482  promulgated thereunder, the department shall assess a penalty of
 1483  $2,000. For a domestic or industrial wastewater violation, not
 1484  involving a surface water or groundwater quality violation, the
 1485  department shall assess a penalty of $4,000 for an unpermitted
 1486  or unauthorized discharge or effluent-limitation exceedance or
 1487  for failure to comply with s. 403.061(14) or s. 403.086(7) or
 1488  rules adopted thereunder. For an unpermitted or unauthorized
 1489  discharge or effluent-limitation exceedance that resulted in a
 1490  surface water or groundwater quality violation, the department
 1491  shall assess a penalty of $10,000. Each day the cause of an
 1492  unauthorized discharge of domestic wastewater or sanitary
 1493  nuisance is not addressed constitutes a separate offense.
 1494         (c) For a dredge and fill or stormwater violation, the
 1495  department shall assess a penalty of $1,500 for unpermitted or
 1496  unauthorized dredging or filling or unauthorized construction of
 1497  a stormwater management system against the person or persons
 1498  responsible for the illegal dredging or filling, or unauthorized
 1499  construction of a stormwater management system plus $3,000 if
 1500  the dredging or filling occurs in an aquatic preserve, an
 1501  Outstanding Florida Water, a conservation easement, or a Class I
 1502  or Class II surface water, plus $1,500 if the area dredged or
 1503  filled is greater than one-quarter acre but less than or equal
 1504  to one-half acre, and plus $1,500 if the area dredged or filled
 1505  is greater than one-half acre but less than or equal to one
 1506  acre. The administrative penalty schedule does not apply to a
 1507  dredge and fill violation if the area dredged or filled exceeds
 1508  one acre. The department retains the authority to seek the
 1509  judicial imposition of civil penalties for all dredge and fill
 1510  violations involving more than one acre. The department shall
 1511  assess a penalty of $4,500 for the failure to complete required
 1512  mitigation, failure to record a required conservation easement,
 1513  or for a water quality violation resulting from dredging or
 1514  filling activities, stormwater construction activities or
 1515  failure of a stormwater treatment facility. For stormwater
 1516  management systems serving less than 5 acres, the department
 1517  shall assess a penalty of $3,000 for the failure to properly or
 1518  timely construct a stormwater management system. In addition to
 1519  the penalties authorized in this subsection, the department
 1520  shall assess a penalty of $7,500 per violation against the
 1521  contractor or agent of the owner or tenant that conducts
 1522  unpermitted or unauthorized dredging or filling. For purposes of
 1523  this paragraph, the preparation or signing of a permit
 1524  application by a person currently licensed under chapter 471 to
 1525  practice as a professional engineer does not make that person an
 1526  agent of the owner or tenant.
 1527         (d) For mangrove trimming or alteration violations, the
 1528  department shall assess a penalty of $7,500 per violation
 1529  against the contractor or agent of the owner or tenant that
 1530  conducts mangrove trimming or alteration without a permit as
 1531  required by s. 403.9328. For purposes of this paragraph, the
 1532  preparation or signing of a permit application by a person
 1533  currently licensed under chapter 471 to practice as a
 1534  professional engineer does not make that person an agent of the
 1535  owner or tenant.
 1536         (e) For solid waste violations, the department shall assess
 1537  a penalty of $3,000 for the unpermitted or unauthorized disposal
 1538  or storage of solid waste; plus $1,000 if the solid waste is
 1539  Class I or Class III (excluding yard trash) or if the solid
 1540  waste is construction and demolition debris in excess of 20
 1541  cubic yards, plus $1,500 if the waste is disposed of or stored
 1542  in any natural or artificial body of water or within 500 feet of
 1543  a potable water well, plus $1,500 if the waste contains PCB at a
 1544  concentration of 50 parts per million or greater; untreated
 1545  biomedical waste; friable asbestos greater than 1 cubic meter
 1546  which is not wetted, bagged, and covered; used oil greater than
 1547  25 gallons; or 10 or more lead acid batteries. The department
 1548  shall assess a penalty of $4,500 for failure to properly
 1549  maintain leachate control; unauthorized burning; failure to have
 1550  a trained spotter on duty at the working face when accepting
 1551  waste; or failure to provide access control for three
 1552  consecutive inspections. The department shall assess a penalty
 1553  of $3,000 for failure to construct or maintain a required
 1554  stormwater management system.
 1555         (f) For an air emission violation, the department shall
 1556  assess a penalty of $1,500 for an unpermitted or unauthorized
 1557  air emission or an air-emission-permit exceedance, plus $4,500
 1558  if the emission was from a major source and the source was major
 1559  for the pollutant in violation; plus $1,500 if the emission was
 1560  more than 150 percent of the allowable level.
 1561         (g) For storage tank system and petroleum contamination
 1562  violations, the department shall assess a penalty of $7,500 for
 1563  failure to empty a damaged storage system as necessary to ensure
 1564  that a release does not occur until repairs to the storage
 1565  system are completed; when a release has occurred from that
 1566  storage tank system; for failure to timely recover free product;
 1567  or for failure to conduct remediation or monitoring activities
 1568  until a no-further-action or site-rehabilitation completion
 1569  order has been issued. The department shall assess a penalty of
 1570  $4,500 for failure to timely upgrade a storage tank system. The
 1571  department shall assess a penalty of $3,000 for failure to
 1572  conduct or maintain required release detection; failure to
 1573  timely investigate a suspected release from a storage system;
 1574  depositing motor fuel into an unregistered storage tank system;
 1575  failure to timely assess or remediate petroleum contamination;
 1576  or failure to properly install a storage tank system. The
 1577  department shall assess a penalty of $1,500 for failure to
 1578  properly operate, maintain, or close a storage tank system.
 1579         (4) In an administrative proceeding, in addition to the
 1580  penalties that may be assessed under subsection (3), the
 1581  department shall assess administrative penalties according to
 1582  the following schedule:
 1583         (a) For failure to satisfy financial responsibility
 1584  requirements or for violation of s. 377.371(1), $7,500.
 1585         (b) For failure to install, maintain, or use a required
 1586  pollution control system or device, $6,000.
 1587         (c) For failure to obtain a required permit before
 1588  construction or modification, $4,500.
 1589         (d) For failure to conduct required monitoring or testing;
 1590  failure to conduct required release detection; or failure to
 1591  construct in compliance with a permit, $3,000.
 1592         (e) For failure to maintain required staff to respond to
 1593  emergencies; failure to conduct required training; failure to
 1594  prepare, maintain, or update required contingency plans; failure
 1595  to adequately respond to emergencies to bring an emergency
 1596  situation under control; or failure to submit required
 1597  notification to the department, $1,500.
 1598         (f) Except as provided in subsection (2) with respect to
 1599  public water systems serving a population of more than 10,000,
 1600  for failure to prepare, submit, maintain, or use required
 1601  reports or other required documentation, $750.
 1602         (5) Except as provided in subsection (2) with respect to
 1603  public water systems serving a population of more than 10,000,
 1604  for failure to comply with any other departmental regulatory
 1605  statute or rule requirement not otherwise identified in this
 1606  section, the department may assess a penalty of $1,000.
 1607         (6) For each additional day during which a violation
 1608  occurs, the administrative penalties in subsections (3)-(5) may
 1609  be assessed per day per violation.
 1610         (7) The history of noncompliance of the violator for any
 1611  previous violation resulting in an executed consent order, but
 1612  not including a consent order entered into without a finding of
 1613  violation, or resulting in a final order or judgment after the
 1614  effective date of this law involving the imposition of $3,000 or
 1615  more in penalties shall be taken into consideration in the
 1616  following manner:
 1617         (a) One previous such violation within 5 years before the
 1618  filing of the notice of violation will result in a 25-percent
 1619  per day increase in the scheduled administrative penalty.
 1620         (b) Two previous such violations within 5 years before the
 1621  filing of the notice of violation will result in a 50-percent
 1622  per day increase in the scheduled administrative penalty.
 1623         (c) Three or more previous such violations within 5 years
 1624  before the filing of the notice of violation will result in a
 1625  100-percent per day increase in the scheduled administrative
 1626  penalty.
 1627         (8) The direct economic benefit gained by the violator from
 1628  the violation, where consideration of economic benefit is
 1629  provided by Florida law or required by federal law as part of a
 1630  federally delegated or approved program, must be added to the
 1631  scheduled administrative penalty. The total administrative
 1632  penalty, including any economic benefit added to the scheduled
 1633  administrative penalty, may not exceed $15,000.
 1634         (9) The administrative penalties assessed for any
 1635  particular violation may not exceed $10,000 against any one
 1636  violator, unless the violator has a history of noncompliance,
 1637  the economic benefit of the violation as described in subsection
 1638  (8) exceeds $10,000, or there are multiday violations. The total
 1639  administrative penalties may not exceed $50,000 per assessment
 1640  for all violations attributable to a specific person in the
 1641  notice of violation.
 1642         (10) The administrative law judge may receive evidence in
 1643  mitigation. The penalties identified in subsections (3)-(5) may
 1644  be reduced up to 50 percent by the administrative law judge for
 1645  mitigating circumstances, including good faith efforts to comply
 1646  before or after discovery of the violations by the department.
 1647  Upon an affirmative finding that the violation was caused by
 1648  circumstances beyond the reasonable control of the respondent
 1649  and could not have been prevented by respondent’s due diligence,
 1650  the administrative law judge may further reduce the penalty.
 1651         (11) Penalties collected pursuant to this section must
 1652  shall be deposited into the Water Quality Assurance Trust Fund
 1653  or other trust fund designated by statute and shall be used to
 1654  fund the restoration of ecosystems, or polluted areas of the
 1655  state, as defined by the department, to their condition before
 1656  pollution occurred. The Florida Conflict Resolution Consortium
 1657  may use a portion of the fund to administer the mediation
 1658  process provided in paragraph (2)(e) and to contract with
 1659  private mediators for administrative penalty cases.
 1660         (12) The purpose of the administrative penalty schedule and
 1661  process is to provide a more predictable and efficient manner
 1662  for individuals and businesses to resolve relatively minor
 1663  environmental disputes. Subsections (3)-(7) may not be construed
 1664  as limiting a state court in the assessment of damages. The
 1665  administrative penalty schedule does not apply to the judicial
 1666  imposition of civil penalties in state court as provided in this
 1667  section.
 1668         Section 16. Subsection (5) of section 403.9301, Florida
 1669  Statutes, is amended to read:
 1670         403.9301 Wastewater services projections.—
 1671         (5) The Office of Economic and Demographic Research shall
 1672  evaluate the compiled documents from the counties for the
 1673  purpose of developing a statewide analysis for inclusion in the
 1674  assessment due the following January 1, 2023, pursuant to s.
 1675  403.928. Beginning July 1, 2024, and by the July 1 following
 1676  subsequent publications of the analysis required by this
 1677  section, the Office of Economic and Demographic Research shall
 1678  provide a publicly accessible data visualization tool on its
 1679  website which allows for comparative analyses of key
 1680  information.
 1681         Section 17. Subsection (5) of section 403.9302, Florida
 1682  Statutes, is amended to read:
 1683         403.9302 Stormwater management projections.—
 1684         (5) The Office of Economic and Demographic Research shall
 1685  evaluate the compiled documents from the counties for the
 1686  purpose of developing a statewide analysis for inclusion in the
 1687  assessment due the following January 1, 2023, pursuant to s.
 1688  403.928. Beginning July 1, 2024, and by the July 1 following
 1689  subsequent publications of the analysis required by this
 1690  section, the Office of Economic and Demographic Research shall
 1691  provide a publicly accessible data visualization tool on its
 1692  website which allows for comparative analyses of key
 1693  information.
 1694         Section 18. Subsection (1) of section 403.0671, Florida
 1695  Statutes, is amended to read:
 1696         403.0671 Basin management action plan wastewater reports.—
 1697         (1) By July 1, 2021, the department, in coordination with
 1698  the county health departments, wastewater treatment facilities,
 1699  and other governmental entities, shall submit a report to the
 1700  Governor, the President of the Senate, and the Speaker of the
 1701  House of Representatives evaluating the costs of wastewater
 1702  projects identified in the basin management action plans
 1703  developed pursuant to ss. 373.807 and 403.067(7) and the onsite
 1704  sewage treatment and disposal system remediation plans and other
 1705  restoration plans developed to meet the total maximum daily
 1706  loads required under s. 403.067. The report must include all of
 1707  the following:
 1708         (a) Projects to:
 1709         1. Replace onsite sewage treatment and disposal systems
 1710  with enhanced nutrient-reducing onsite sewage treatment and
 1711  disposal systems.
 1712         2. Install or retrofit onsite sewage treatment and disposal
 1713  systems with enhanced nutrient-reducing technologies.
 1714         3. Construct, upgrade, or expand domestic wastewater
 1715  treatment facilities to meet the domestic wastewater treatment
 1716  plan required under s. 403.067(7)(a)9.
 1717         4. Connect onsite sewage treatment and disposal systems to
 1718  domestic wastewater treatment facilities.;
 1719         (b) The estimated costs, nutrient load reduction estimates,
 1720  and other benefits of each project.;
 1721         (c) The estimated implementation timeline for each
 1722  project.;
 1723         (d) A proposed 5-year funding plan for each project and the
 1724  source and amount of financial assistance the department, a
 1725  water management district, or other project partner will make
 1726  available to fund the project.; and
 1727         (e) The projected costs of installing enhanced nutrient
 1728  reducing onsite sewage treatment and disposal systems on
 1729  buildable lots in priority focus areas to comply with s.
 1730  373.811.
 1731         Section 19. For the purpose of incorporating the amendment
 1732  made by this act to section 253.04, Florida Statutes, in a
 1733  reference thereto, paragraph (x) of subsection (1) of section
 1734  327.73, Florida Statutes, is reenacted to read:
 1735         327.73 Noncriminal infractions.—
 1736         (1) Violations of the following provisions of the vessel
 1737  laws of this state are noncriminal infractions:
 1738         (x) Section 253.04(3)(a), relating to carelessly causing
 1739  seagrass scarring, for which the civil penalty upon conviction
 1740  is:
 1741         1. For a first offense, $100.
 1742         2. For a second offense occurring within 12 months after a
 1743  prior conviction, $250.
 1744         3. For a third offense occurring within 36 months after a
 1745  prior conviction, $500.
 1746         4. For a fourth or subsequent offense occurring within 72
 1747  months after a prior conviction, $1,000.
 1748  
 1749  Any person cited for a violation of this subsection shall be
 1750  deemed to be charged with a noncriminal infraction, shall be
 1751  cited for such an infraction, and shall be cited to appear
 1752  before the county court. The civil penalty for any such
 1753  infraction is $100, except as otherwise provided in this
 1754  section. Any person who fails to appear or otherwise properly
 1755  respond to a uniform boating citation, in addition to the charge
 1756  relating to the violation of the boating laws of this state,
 1757  must be charged with the offense of failing to respond to such
 1758  citation and, upon conviction, be guilty of a misdemeanor of the
 1759  second degree, punishable as provided in s. 775.082 or s.
 1760  775.083. A written warning to this effect shall be provided at
 1761  the time such uniform boating citation is issued.
 1762         Section 20. For the purpose of incorporating the amendment
 1763  made by this act to section 381.0061, Florida Statutes, in
 1764  references thereto, paragraph (a) of subsection (4) and
 1765  paragraph (a) of subsection (6) of section 381.0072, Florida
 1766  Statutes, are reenacted to read:
 1767         381.0072 Food service protection.—
 1768         (4) LICENSES REQUIRED.—
 1769         (a) Licenses; annual renewals.—Each food service
 1770  establishment regulated under this section shall obtain a
 1771  license from the department annually. Food service establishment
 1772  licenses shall expire annually and are not transferable from one
 1773  place or individual to another. However, those facilities
 1774  licensed by the department’s Office of Licensure and
 1775  Certification, the Child Care Services Program Office, or the
 1776  Agency for Persons with Disabilities are exempt from this
 1777  subsection. It shall be a misdemeanor of the second degree,
 1778  punishable as provided in s. 381.0061, s. 775.082, or s.
 1779  775.083, for such an establishment to operate without this
 1780  license. The department may refuse a license, or a renewal
 1781  thereof, to any establishment that is not constructed or
 1782  maintained in accordance with law and with the rules of the
 1783  department. Annual application for renewal is not required.
 1784         (6) FINES; SUSPENSION OR REVOCATION OF LICENSES;
 1785  PROCEDURE.—
 1786         (a) The department may impose fines against the
 1787  establishment or operator regulated under this section for
 1788  violations of sanitary standards, in accordance with s.
 1789  381.0061. All amounts collected shall be deposited to the credit
 1790  of the County Health Department Trust Fund administered by the
 1791  department.
 1792         Section 21. For the purpose of incorporating the amendment
 1793  made by this act to section 381.0061, Florida Statutes, in a
 1794  reference thereto, subsection (4) of section 381.0086, Florida
 1795  Statutes, is reenacted to read:
 1796         381.0086 Rules; variances; penalties.—
 1797         (4) A person who violates any provision of ss. 381.008
 1798  381.00895 or rules adopted under such sections is subject either
 1799  to the penalties provided in ss. 381.0012 and 381.0061 or to the
 1800  penalties provided in s. 381.0087.
 1801         Section 22. For the purpose of incorporating the amendment
 1802  made by this act to section 381.0061, Florida Statutes, in a
 1803  reference thereto, subsection (7) of section 381.0098, Florida
 1804  Statutes, is reenacted to read:
 1805         381.0098 Biomedical waste.—
 1806         (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
 1807  violation of this section or rules adopted under this section is
 1808  subject to penalties provided in ss. 381.0012 and 381.0061.
 1809  However, an administrative fine not to exceed $2,500 may be
 1810  imposed for each day such person or public body is in violation
 1811  of this section. The department may deny, suspend, or revoke any
 1812  biomedical waste permit or registration if the permittee
 1813  violates this section, any rule adopted under this section, or
 1814  any lawful order of the department.
 1815         Section 23. For the purpose of incorporating the amendment
 1816  made by this act to section 381.0061, Florida Statutes, in a
 1817  reference thereto, subsection (2) of section 513.10, Florida
 1818  Statutes, is reenacted to read:
 1819         513.10 Operating without permit; enforcement of chapter;
 1820  penalties.—
 1821         (2) This chapter or rules adopted under this chapter may be
 1822  enforced in the manner provided in s. 381.0012 and as provided
 1823  in this chapter. Violations of this chapter and the rules
 1824  adopted under this chapter are subject to the penalties provided
 1825  in this chapter and in s. 381.0061.
 1826         Section 24. This act shall take effect July 1, 2024.
 1827  
 1828  ================= T I T L E  A M E N D M E N T ================
 1829  And the title is amended as follows:
 1830         Delete everything before the enacting clause
 1831  and insert:
 1832                        A bill to be entitled                      
 1833         An act relating to the Department of Environmental
 1834         Protection; amending s. 253.04, F.S.; revising the
 1835         aquatic preserves within which a person may not
 1836         operate a vessel outside a lawfully marked channel
 1837         under certain circumstances; amending s. 258.39, F.S.;
 1838         declaring the Kristin Jacobs Coral Reef Ecosystem
 1839         Conservation Area an aquatic preserve area; amending
 1840         s. 373.250, F.S.; requiring each water management
 1841         district, in coordination with the department, to
 1842         develop rules that promote the use of reclaimed water
 1843         and encourage quantifiable potable water offsets;
 1844         providing requirements for such rules; providing
 1845         construction; amending s. 380.093, F.S.; defining the
 1846         term “Florida Flood Hub”; revising the definition of
 1847         the term “preconstruction activities”; revising the
 1848         purposes for which counties and municipalities may use
 1849         Resilient Florida Grant Program funds; revising
 1850         vulnerability assessment requirements; revising
 1851         requirements for the development and maintenance of
 1852         the comprehensive statewide flood vulnerability and
 1853         sea level rise data set and assessment; requiring the
 1854         department to coordinate with the Chief Resilience
 1855         Officer and the Florida Flood Hub to update the data
 1856         set and assessment at specified intervals; revising
 1857         requirements for the Statewide Flooding and Sea Level
 1858         Rise Resilience Plan; revising the purposes of the
 1859         funding for regional resilience entities; making
 1860         technical changes; amending s. 381.0061, F.S.;
 1861         revising the violations for which the department may
 1862         impose a specified fine; providing legislative intent
 1863         regarding a phased transfer of the Department of
 1864         Health’s Onsite Sewage Program to the Department of
 1865         Environmental Protection; requiring the Department of
 1866         Environmental Protection to coordinate with the
 1867         Department of Health regarding the identification and
 1868         transfer of certain equipment and vehicles under
 1869         certain circumstances; prohibiting the Department of
 1870         Health from implementing or collecting fees for the
 1871         program when the Department of Environmental
 1872         Protection begins implementing the program; providing
 1873         exceptions; amending s. 381.0065, F.S.; requiring the
 1874         Department of Environmental Protection to conduct
 1875         enforcement activities for violations of certain
 1876         onsite sewage treatment and disposal system
 1877         regulations in accordance with specified provisions;
 1878         specifying the department’s authority with respect to
 1879         specific provisions; requiring the department to adopt
 1880         rules for a program for general permits for certain
 1881         projects; providing requirements for such rules;
 1882         revising department enforcement provisions; deleting
 1883         certain criminal penalties; requiring the damages,
 1884         costs, or penalties collected to be deposited into the
 1885         Water Quality Assurance Trust Fund rather than the
 1886         relevant county health department trust fund;
 1887         requiring the department to establish an enhanced
 1888         nutrient-reducing onsite sewage treatment and disposal
 1889         system approval program; authorizing the department to
 1890         contract with or delegate certain powers and duties to
 1891         a county; amending s. 381.0066, F.S.; requiring
 1892         certain fees to be deposited into the Florida Permit
 1893         Fee Trust Fund after a specified timeframe; amending
 1894         s. 403.061, F.S.; requiring counties to make certain
 1895         services and facilities available upon the direction
 1896         of the department; amending s. 403.064, F.S.; revising
 1897         legislative findings; revising the domestic wastewater
 1898         treatment facilities required to submit a reuse
 1899         feasibility study as part of a permit application;
 1900         revising the contents of a required reuse feasibility
 1901         study; revising the domestic wastewater facilities
 1902         required to implement reuse under certain
 1903         circumstances; revising applicability; revising
 1904         construction; amending s. 403.067, F.S.; requiring
 1905         certain facilities and systems to include a domestic
 1906         wastewater treatment plan as part of a basin
 1907         management action plan for nutrient total maximum
 1908         daily loads; amending s. 403.0673, F.S.; revising the
 1909         information to be included in the water quality
 1910         improvement grant program annual report; requiring the
 1911         department to include specified information on a user
 1912         friendly website or dashboard by a specified date;
 1913         providing requirements for the website or dashboard;
 1914         amending s. 403.086, F.S.; requiring wastewater
 1915         treatment facilities within a basin management action
 1916         plan or reasonable assurance plan area which provide
 1917         reclaimed water for specified purposes to meet
 1918         advanced waste treatment or a more stringent treatment
 1919         standard under certain circumstances; providing
 1920         applicability; amending s. 403.091, F.S.; authorizing
 1921         certain department representatives to enter and
 1922         inspect premises on which an onsite sewage treatment
 1923         and disposal system is located or being constructed or
 1924         installed or where certain records are kept; revising
 1925         requirements for such access; revising the
 1926         circumstances under which an inspection warrant may be
 1927         issued; amending s. 403.121, F.S.; revising department
 1928         enforcement provisions; revising administrative
 1929         penalty calculations for failure to obtain certain
 1930         required permits and for certain violations; amending
 1931         ss. 403.9301 and 403.9302, F.S.; requiring the Office
 1932         of Economic and Demographic Research to provide a
 1933         publicly accessible data visualization tool on its
 1934         website for comparative analyses of key information;
 1935         amending s. 403.0671, F.S.; conforming provisions to
 1936         changes made by the act; reenacting s. 327.73(1)(x),
 1937         F.S., relating to noncriminal infractions, to
 1938         incorporate the amendment made to s. 253.04, F.S., in
 1939         a reference thereto; reenacting ss. 381.0072(4)(a) and
 1940         (6)(a), 381.0086(4), 381.0098(7), and 513.10(2), F.S.,
 1941         relating to food service protection, penalties,
 1942         biomedical waste, and operating without a permit,
 1943         respectively, to incorporate the amendment made to s.
 1944         381.0061, F.S., in references thereto; providing an
 1945         effective date.