CS for CS for CS for SB 738                First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2024738e1
       
    1                        A bill to be entitled                      
    2         An act relating to environmental management; amending
    3         s. 373.4131, F.S.; requiring that nonindustrial
    4         stormwater management systems be designed with side
    5         slopes that meet certain minimum design requirements;
    6         providing an exception; superseding certain side slope
    7         rules; amending s. 376.313, F.S.; revising
    8         construction relating to causes of action for damages
    9         to real or personal property directly resulting from
   10         certain discharges or other conditions of pollution;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (7) is added to section 373.4131,
   16  Florida Statutes, to read:
   17         373.4131 Statewide environmental resource permitting
   18  rules.—
   19         (7) For purposes of water quality, a nonindustrial
   20  stormwater management system, in or adjacent to residential or
   21  urban areas that are accessible to the general public, side
   22  slope must be designed, except as provided in paragraph (a),
   23  with a horizontal-to-vertical ratio no steeper than 4:1 to a
   24  depth of at least 2 feet below the control elevation and must be
   25  stabilized with vegetation to prevent erosion and provide for
   26  pollutant removal.
   27         (a) A nonindustrial stormwater management system, in or
   28  adjacent to residential or urban areas that are accessible to
   29  the general public, side slope may be designed with a steeper
   30  than 4:1 horizontal-to-vertical ratio if the slope incorporates
   31  adequate temporary and permanent erosion and sediment control
   32  best management practices.
   33         (b) All side slope rules adopted by the department, water
   34  management districts, or delegated local programs under this
   35  part as of July 1, 2024, are superseded by this subsection and
   36  may be repealed without further rulemaking pursuant to s. 120.54
   37  by publication of a notice of repeal in the Florida
   38  Administrative Register and subsequent filing of a list of the
   39  rules repealed with the Department of State.
   40         Section 2. Subsection (3) of section 376.313, Florida
   41  Statutes, is amended to read:
   42         376.313 Nonexclusiveness of remedies and individual cause
   43  of action for damages under ss. 376.30-376.317.—
   44         (3) Except as provided in s. 376.3078(3) and (11), nothing
   45  contained in ss. 376.30-376.317 do not prohibit a prohibits any
   46  person from bringing a cause of action in a court of competent
   47  jurisdiction for all damages to real or personal property
   48  directly resulting from a discharge or other condition of
   49  pollution covered by ss. 376.30-376.317 and which was not
   50  authorized by any government approval or permit issued pursuant
   51  to chapter 373, chapter 376, or chapter 403. Nothing in This
   52  chapter does not shall prohibit or diminish a party’s right to
   53  contribution from other parties jointly or severally liable for
   54  a prohibited discharge of pollutants or hazardous substances or
   55  other pollution conditions. Except as otherwise provided in
   56  subsection (4) or subsection (5), in any such suit, it is not
   57  necessary for such person to plead or prove negligence in any
   58  form or manner. Such person need only plead and prove the fact
   59  of the prohibited discharge or other pollutive condition and
   60  that it has occurred. The only strict-liability exceptions
   61  defenses to such cause of action are shall be those specified in
   62  s. 376.308 or s. 376.82.
   63         Section 3. This act shall take effect July 1, 2024.