Bill Text: FL S1386 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Environmental Protection
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 1557 [S1386 Detail]
Download: Florida-2024-S1386-Comm_Sub.html
Bill Title: Department of Environmental Protection
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/CS/HB 1557 [S1386 Detail]
Download: Florida-2024-S1386-Comm_Sub.html
Florida Senate - 2024 CS for SB 1386
By the Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Calatayud
601-03260-24 20241386c1
1 A bill to be entitled
2 An act relating to the Department of Environmental
3 Protection; amending s. 253.04, F.S.; revising the
4 aquatic preserves within which a person may not
5 operate a vessel outside a lawfully marked channel
6 under certain circumstances; amending s. 258.39, F.S.;
7 declaring the Kristin Jacobs Coral Reef Ecosystem
8 Conservation Area an aquatic preserve area; amending
9 s. 373.250, F.S.; requiring each water management
10 district, in coordination with the department, to
11 develop rules that promote the use of reclaimed water
12 and encourage quantifiable potable water offsets;
13 providing requirements for such rules; providing
14 construction; amending s. 380.093, F.S.; defining the
15 term “Florida Flood Hub”; revising the definition of
16 the term “preconstruction activities”; revising the
17 purposes for which counties and municipalities may use
18 Resilient Florida Grant Program funds; revising
19 vulnerability assessment requirements; revising
20 requirements for the development and maintenance of
21 the comprehensive statewide flood vulnerability and
22 sea level rise data set and assessment; requiring the
23 department to coordinate with the Chief Resilience
24 Officer and the Florida Flood Hub to update the data
25 set and assessment at specified intervals; revising
26 requirements for the Statewide Flooding and Sea Level
27 Rise Resilience Plan; revising the purposes of the
28 funding for regional resilience entities; making
29 technical changes; amending s. 381.0061, F.S.;
30 revising the violations for which the department may
31 impose a specified fine; providing legislative intent
32 regarding a phased transfer of the Department of
33 Health’s Onsite Sewage Program to the Department of
34 Environmental Protection; requiring the Department of
35 Environmental Protection to coordinate with the
36 Department of Health regarding the identification and
37 transfer of certain equipment and vehicles under
38 certain circumstances; prohibiting the Department of
39 Health from implementing or collecting fees for the
40 program when the Department of Environmental
41 Protection begins implementing the program; providing
42 exceptions; amending s. 381.0065, F.S.; requiring the
43 Department of Environmental Protection to conduct
44 enforcement activities for violations of certain
45 onsite sewage treatment and disposal system
46 regulations in accordance with specified provisions;
47 specifying the department’s authority with respect to
48 specific provisions; requiring the department to adopt
49 rules for a program for general permits for certain
50 projects; providing requirements for such rules;
51 revising department enforcement provisions; deleting
52 certain criminal penalties; requiring the damages,
53 costs, or penalties collected to be deposited into the
54 Water Quality Assurance Trust Fund rather than the
55 relevant county health department trust fund;
56 requiring the department to establish an enhanced
57 nutrient-reducing onsite sewage treatment and disposal
58 system approval program; authorizing the department to
59 contract with or delegate certain powers and duties to
60 a county; amending s. 381.0066, F.S.; requiring
61 certain fees to be deposited into the Florida Permit
62 Fee Trust Fund after a specified timeframe; amending
63 s. 403.061, F.S.; requiring counties to make certain
64 services and facilities available upon the direction
65 of the department; amending s. 403.064, F.S.; revising
66 legislative findings; revising the domestic wastewater
67 treatment facilities required to submit a reuse
68 feasibility study as part of a permit application;
69 revising the contents of a required reuse feasibility
70 study; revising the domestic wastewater facilities
71 required to implement reuse under certain
72 circumstances; revising applicability; revising
73 construction; amending s. 403.067, F.S.; requiring
74 certain facilities and systems to include a domestic
75 wastewater treatment plan as part of a basin
76 management action plan for nutrient total maximum
77 daily loads; amending s. 403.0673, F.S.; revising the
78 information to be included in the water quality
79 improvement grant program annual report; requiring the
80 department to include specified information on a user
81 friendly website or dashboard by a specified date;
82 providing requirements for the website or dashboard;
83 amending s. 403.086, F.S.; requiring wastewater
84 treatment facilities within a basin management action
85 plan or reasonable assurance plan area which provide
86 reclaimed water for specified purposes to meet
87 advanced waste treatment or a more stringent treatment
88 standard under certain circumstances; providing
89 applicability; amending s. 403.091, F.S.; authorizing
90 certain department representatives to enter and
91 inspect premises on which an onsite sewage treatment
92 and disposal system is located or being constructed or
93 installed or where certain records are kept; revising
94 requirements for such access; revising the
95 circumstances under which an inspection warrant may be
96 issued; amending s. 403.121, F.S.; revising department
97 enforcement provisions; revising administrative
98 penalty calculations for failure to obtain certain
99 required permits and for certain violations; amending
100 ss. 403.9301 and 403.9302, F.S.; requiring the Office
101 of Economic and Demographic Research to provide a
102 publicly accessible data visualization tool on its
103 website for comparative analyses of key information;
104 amending s. 403.0671, F.S.; conforming provisions to
105 changes made by the act; reenacting s. 327.73(1)(x),
106 F.S., relating to noncriminal infractions, to
107 incorporate the amendment made to s. 253.04, F.S., in
108 a reference thereto; reenacting ss. 381.0072(4)(a) and
109 (6)(a), 381.0086(4), 381.0098(7), and 513.10(2), F.S.,
110 relating to food service protection, penalties,
111 biomedical waste, and operating without a permit,
112 respectively, to incorporate the amendment made to s.
113 381.0061, F.S., in references thereto; providing an
114 effective date.
115
116 Be It Enacted by the Legislature of the State of Florida:
117
118 Section 1. Paragraph (a) of subsection (3) of section
119 253.04, Florida Statutes, is amended to read:
120 253.04 Duty of board to protect, etc., state lands; state
121 may join in any action brought.—
122 (3)(a) The duty to conserve and improve state-owned lands
123 and the products thereof includes shall include the preservation
124 and regeneration of seagrass, which is deemed essential to the
125 oceans, gulfs, estuaries, and shorelines of the state. A person
126 operating a vessel outside a lawfully marked channel in a
127 careless manner that causes seagrass scarring within an aquatic
128 preserve established in ss. 258.39-258.3991 ss. 258.39-258.399,
129 with the exception of the Lake Jackson, Oklawaha River, Wekiva
130 River, and Rainbow Springs aquatic preserves, commits a
131 noncriminal infraction, punishable as provided in s. 327.73.
132 Each violation is a separate offense. As used in this
133 subsection, the term:
134 1. “Seagrass” means Cuban shoal grass (Halodule wrightii),
135 turtle grass (Thalassia testudinum), manatee grass (Syringodium
136 filiforme), star grass (Halophila engelmannii), paddle grass
137 (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii),
138 or widgeon grass (Ruppia maritima).
139 2. “Seagrass scarring” means destruction of seagrass roots,
140 shoots, or stems that results in tracks on the substrate
141 commonly referred to as prop scars or propeller scars caused by
142 the operation of a motorized vessel in waters supporting
143 seagrasses.
144 Section 2. Subsection (33) is added to section 258.39,
145 Florida Statutes, to read:
146 258.39 Boundaries of preserves.—The submerged lands
147 included within the boundaries of Nassau, Duval, St. Johns,
148 Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
149 Pinellas, Martin, Palm Beach, Miami-Dade, Monroe, Collier, Lee,
150 Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
151 Hernando, and Escambia Counties, as hereinafter described, with
152 the exception of privately held submerged lands lying landward
153 of established bulkheads and of privately held submerged lands
154 within Monroe County where the establishment of bulkhead lines
155 is not required, are hereby declared to be aquatic preserves.
156 Such aquatic preserve areas include:
157 (33) Kristin Jacobs Coral Reef Ecosystem Conservation Area,
158 as designated by chapter 2021-107, Laws of Florida, the
159 boundaries of which consist of the sovereignty submerged lands
160 and waters of the state offshore of Broward, Martin, Miami-Dade,
161 and Palm Beach Counties from the St. Lucie Inlet to the northern
162 boundary of the Biscayne National Park.
163
164 Any and all submerged lands theretofore conveyed by the Trustees
165 of the Internal Improvement Trust Fund and any and all uplands
166 now in private ownership are specifically exempted from this
167 dedication.
168 Section 3. Subsection (9) is added to section 373.250,
169 Florida Statutes, to read:
170 373.250 Reuse of reclaimed water.—
171 (9) To promote the use of reclaimed water and encourage
172 quantifiable potable water offsets that produce significant
173 water savings beyond those required in a consumptive use permit,
174 each water management district, in coordination with the
175 department, shall develop rules by December 31, 2025, which
176 provide all of the following:
177 (a) If an applicant proposes a water supply development or
178 water resource development project using reclaimed water that
179 meets the advanced waste treatment standards for total nitrogen
180 and total phosphorous as defined in s. 403.086(4)(a), as part of
181 an application for consumptive use, the applicant is eligible
182 for a permit duration of up to 30 years if there is sufficient
183 data to provide reasonable assurance that the conditions for
184 permit issuance will be met for the duration of the permit.
185 Rules developed pursuant to this paragraph must include, at a
186 minimum:
187 1. A requirement that the permittee demonstrate how
188 quantifiable groundwater or surface water savings associated
189 with the new water supply development or water resource
190 development project either meets water demands beyond a 20-year
191 permit duration or is completed to benefit a waterbody with a
192 minimum flow or minimum water level with a recovery or
193 prevention strategy; and
194 2. Guidelines for a district to follow in determining the
195 permit duration based on the project’s implementation.
196
197 This paragraph does not limit the existing authority of a water
198 management district to issue a shorter duration permit to
199 protect from harm the water resources or ecology of the area, or
200 to otherwise ensure compliance with the conditions for permit
201 issuance.
202 (b) Authorization for a consumptive use permittee to seek a
203 permit extension of up to 10 years if the permittee proposes a
204 water supply development or water resource development project
205 using reclaimed water that meets the advanced waste treatment
206 standards for total nitrogen and total phosphorous as defined in
207 s. 403.086(4)(a) during the term of its permit which results in
208 the reduction of groundwater or surface water withdrawals or is
209 completed to benefit a waterbody with a minimum flow or minimum
210 water level with a recovery or prevention strategy. Rules
211 associated with this paragraph must include, at a minimum:
212 1. A requirement that the permittee be in compliance with
213 the permittee’s consumptive use permit;
214 2. A requirement that the permittee demonstrate how the
215 quantifiable groundwater or surface water savings associated
216 with the new water supply development or water resource
217 development project either meets water demands beyond the issued
218 permit duration or benefits a waterbody with a minimum flow or
219 minimum water level with a recovery or prevention strategy;
220 3. A requirement that the permittee demonstrate a water
221 demand for the permit’s allocation through the term of the
222 extension; and
223 4. Guidelines for a district to follow in determining the
224 number of years extended, including a minimum year requirement,
225 based on the project implementation.
226
227 This paragraph does not limit the existing authority of a water
228 management district to protect from harm the water resources or
229 ecology of the area, or to otherwise ensure compliance with the
230 conditions for permit issuance.
231 Section 4. Present paragraphs (c) and (d) of subsection (2)
232 of section 380.093, Florida Statutes, are redesignated as
233 paragraphs (d) and (e), respectively, a new paragraph (c) is
234 added to that subsection, and present paragraph (c) of
235 subsection (2), paragraphs (b), (c), and (d) of subsection (3),
236 and subsections (4), (5), and (6) of that section are amended,
237 to read:
238 380.093 Resilient Florida Grant Program; comprehensive
239 statewide flood vulnerability and sea level rise data set and
240 assessment; Statewide Flooding and Sea Level Rise Resilience
241 Plan; regional resilience entities.—
242 (2) DEFINITIONS.—As used in this section, the term:
243 (c) “Florida Flood Hub” means the Florida Flood Hub for
244 Applied Research and Innovation established pursuant to s.
245 380.0933.
246 (d)(c) “Preconstruction activities” means activities
247 associated with a project that addresses the risks of flooding
248 and sea level rise that occur before construction begins,
249 including, but not limited to, design of the project, permitting
250 for the project, surveys and data collection, site development,
251 solicitation, public hearings, local code or comprehensive plan
252 amendments, establishing local funding sources, and easement
253 acquisition.
254 (3) RESILIENT FLORIDA GRANT PROGRAM.—
255 (b) Subject to appropriation, the department may provide
256 grants to each of the following entities:
257 1. A county or municipality to fund:
258 a. The costs of community resilience planning and necessary
259 data collection for such planning, including comprehensive plan
260 amendments and necessary corresponding analyses that address the
261 requirements of s. 163.3178(2)(f).
262 b. Vulnerability assessments that identify or address risks
263 of inland or coastal flooding and sea level rise.
264 c. Updates to the county’s or municipality’s inventory of
265 critical assets, including regionally significant assets that
266 are currently or reasonably expected to be impacted by flooding
267 and sea level rise. The updated inventory must be submitted to
268 the department and, at the time of submission, must reflect all
269 such assets that are currently, or within 50 years may
270 reasonably be expected to be, impacted by flooding and sea level
271 rise.
272 d. The development of projects, plans, strategies, and
273 policies that enhance community preparations allow communities
274 to prepare for threats from flooding and sea level rise,
275 including adaptation plans that help local governments
276 prioritize project development and implementation across one or
277 more jurisdictions in a manner consistent with departmental
278 guidance.
279 e.d. Preconstruction activities for projects to be
280 submitted for inclusion in the Statewide Flooding and Sea Level
281 Rise Resilience Plan. Only a county or municipality eligible for
282 a reduced cost share as defined in paragraph (5)(e) is eligible
283 for such preconstruction activities that are located in a
284 municipality that has a population of 10,000 or fewer or a
285 county that has a population of 50,000 or fewer, according to
286 the most recent April 1 population estimates posted on the
287 Office of Economic and Demographic Research’s website.
288 f.e. Feasibility studies and the cost of permitting for
289 nature-based solutions that reduce the impact of flooding and
290 sea level rise.
291 g. The cost of permitting for projects designed to achieve
292 reductions in the risks or impacts of flooding and sea level
293 rise using nature-based solutions.
294 2. A water management district identified in s. 373.069 to
295 support local government adaptation planning, which may be
296 conducted by the water management district or by a third party
297 on behalf of the water management district. Such grants must be
298 used for the express purpose of supporting the Florida Flood Hub
299 for Applied Research and Innovation and the department in
300 implementing this section through data creation and collection,
301 modeling, and the implementation of statewide standards.
302 Priority must be given to filling critical data gaps identified
303 by the Florida Flood Hub for Applied Research and Innovation
304 under s. 380.0933(2)(a).
305 (c) A vulnerability assessment conducted pursuant to
306 paragraph (b) must encompass the entire county or municipality;
307 include all critical assets owned or maintained by the grant
308 applicant; and use the most recent publicly available Digital
309 Elevation Model and generally accepted analysis and modeling
310 techniques. An assessment may encompass a smaller geographic
311 area or include only a portion of the critical assets owned or
312 maintained by the grant applicant with appropriate rationale and
313 upon approval by the department. Locally collected elevation
314 data may also be included as part of the assessment as long as
315 it is submitted to the department pursuant to this paragraph.
316 1. The assessment must include an analysis of the
317 vulnerability of and risks to critical assets, including
318 regionally significant assets, owned or managed by the county or
319 municipality.
320 2. Upon completion of a vulnerability assessment, the
321 county or municipality shall submit to the department all of the
322 following:
323 a. A report detailing the findings of the assessment.
324 b. All electronic mapping data used to illustrate flooding
325 and sea level rise impacts identified in the assessment. When
326 submitting such data, the county or municipality shall include:
327 (I) Geospatial data in an electronic file format suitable
328 for input to the department’s mapping tool.
329 (II) Geographic information system (GIS) data that has been
330 projected into the appropriate Florida State Plane Coordinate
331 System and that is suitable for the department’s mapping tool.
332 The county or municipality must also submit metadata using
333 standards prescribed by the department.
334 c. An inventory A list of critical assets, including
335 regionally significant assets, that are currently, or within 50
336 years are reasonably expected to be, impacted by flooding and
337 sea level rise.
338 (d) A vulnerability assessment conducted pursuant to
339 paragraph (b) must do include all of the following:
340 1. Include peril of flood comprehensive plan amendments
341 that address the requirements of s. 163.3178(2)(f), if the
342 county or municipality is subject to such requirements and has
343 not complied with such requirements as determined by the
344 Department of Commerce Economic Opportunity.
345 2. Make use of the best available information through the
346 Florida Flood Hub as certified by the Chief Science Officer, in
347 consultation with the Chief Resilience Officer, including, as If
348 applicable, analyzing impacts related to the depth of:
349 a. Tidal flooding, including future high tide flooding,
350 which must use thresholds published and provided by the
351 department. To the extent practicable, the analysis should also
352 geographically display the number of tidal flood days expected
353 for each scenario and planning horizon.
354 b. Current and future storm surge flooding using publicly
355 available National Oceanic and Atmospheric Administration or
356 Federal Emergency Management Agency storm surge data. The
357 initial storm surge event used must equal or exceed the current
358 100-year flood event. Higher frequency storm events may be
359 analyzed to understand the exposure of a critical asset or
360 regionally significant asset. Publicly available National
361 Oceanic and Atmospheric Administration (NOAA) or Federal
362 Emergency Management Agency storm surge data may be used in the
363 absence of applicable data from the Florida Flood Hub.
364 c. To the extent practicable, rainfall-induced flooding
365 using a GIS-based spatiotemporal analysis or existing hydrologic
366 and hydraulic modeling results. Future boundary conditions
367 should be modified to consider sea level rise and high tide
368 conditions. Vulnerability assessments for rainfall-induced
369 flooding must include the depth of rainfall-induced flooding for
370 a 100-year storm and a 500-year storm, as defined by the
371 applicable water management district or, if necessary, the
372 appropriate federal agency. Future rainfall conditions should be
373 used, if available. Noncoastal communities must perform a
374 rainfall-induced flooding assessment.
375 d. To the extent practicable, compound flooding or the
376 combination of tidal, storm surge, and rainfall-induced
377 flooding.
378 3. Apply the following scenarios and standards:
379 a. All analyses in the North American Vertical Datum of
380 1988.
381 b. For a vulnerability assessment initiated after July 1,
382 2024, at a minimum least two local sea level rise scenarios,
383 which must include the 2022 NOAA 2017 National Oceanic and
384 Atmospheric Administration intermediate-low and intermediate
385 intermediate-high sea level rise scenarios or the statewide sea
386 level rise projections developed pursuant to paragraph (4)(a)
387 projections.
388 c. At least two planning horizons identified in the
389 following table which correspond with the appropriate
390 comprehensive statewide flood vulnerability and sea level rise
391 assessment for which the department, at the time of award,
392 determines such local vulnerability assessment will be
393 incorporated:
394
395 Year of assessment 20-year planning horizon50-year planning horizon
396 2024 2040 2070
397 2029 2050 2080
398 2034 2055 2085
399 2039 2060 2090
400 2044 2065 2095
401 2049 2070 2100
402
403 that include planning horizons for the years 2040 and 2070.
404 d. Local sea level data maintained by the Florida Flood Hub
405 which reflect the best available scientific information as
406 certified by the Chief Science Officer, in consultation with the
407 Chief Resilience Officer. If such data is not available, local
408 sea level data may be that has been interpolated between the two
409 closest NOAA National Oceanic and Atmospheric Administration
410 tide gauges; however, such. Local sea level data may be taken
411 from only one of the two closest NOAA tide gauges such gauge if
412 the gauge has a higher mean sea level or may be. Data taken from
413 an alternate tide gauge may be used with appropriate rationale
414 and department approval, as long as it is publicly available or
415 submitted to the department pursuant to paragraph (b).
416 (4) COMPREHENSIVE STATEWIDE FLOOD VULNERABILITY AND SEA
417 LEVEL RISE DATA SET AND ASSESSMENT.—
418 (a) By July 1, 2023, The department shall develop and
419 maintain complete the development of a comprehensive statewide
420 flood vulnerability and sea level rise data set sufficient to
421 conduct a comprehensive statewide flood vulnerability and sea
422 level rise assessment. In developing and maintaining the data
423 set, the department shall, in coordination with the Chief
424 Resilience Officer and the Florida Flood Hub for Applied
425 Research and Innovation, compile, analyze, and incorporate, as
426 appropriate, information related to vulnerability assessments
427 and critical asset inventories submitted to the department
428 pursuant to subsection (3) or any previously completed
429 assessments that meet the requirements of subsection (3).
430 1. The Chief Science Officer shall, in coordination with
431 the Chief Resilience Officer and the Florida Flood Hub necessary
432 experts and resources, develop statewide sea level rise
433 projections that incorporate temporal and spatial variability,
434 to the extent practicable, for inclusion in the data set. This
435 subparagraph does not supersede regionally adopted projections.
436 2. The data set must include information necessary to
437 determine the risks to inland and coastal communities,
438 including, but not limited to, elevation, tidal levels, and
439 precipitation.
440 (b) By July 1, 2024, The department, in coordination with
441 the Chief Resilience Officer and the Florida Flood Hub, shall
442 complete a comprehensive statewide flood vulnerability and sea
443 level rise assessment that identifies inland and coastal
444 infrastructure, geographic areas, and communities in this the
445 state which that are vulnerable to flooding and sea level rise
446 and the associated risks.
447 1. The department shall use the comprehensive statewide
448 flood vulnerability and sea level rise data set to conduct the
449 assessment.
450 2. The assessment must incorporate local and regional
451 analyses of vulnerabilities and risks, including, as
452 appropriate, local mitigation strategies and postdisaster
453 redevelopment plans.
454 3. The assessment must include an inventory of critical
455 assets, including regionally significant assets, that are
456 essential for critical government and business functions,
457 national security, public health and safety, the economy, flood
458 and storm protection, water quality management, and wildlife
459 habitat management, and must identify and analyze the
460 vulnerability of and risks to such critical assets. When
461 identifying critical assets for inclusion in the assessment, the
462 department shall also take into consideration the critical
463 assets identified by local governments and submitted to the
464 department pursuant to subsection (3).
465 4. The assessment must include the 20-year and 50-year
466 projected sea level rise at each active NOAA tidal gauge off the
467 coast of this state as derived from the statewide sea level rise
468 projections developed pursuant to paragraph (a).
469 (c) The department, in coordination with the Chief
470 Resilience Officer and the Florida Flood Hub, shall update the
471 comprehensive statewide flood vulnerability and sea level rise
472 data set with the best available information each year and shall
473 update the assessment at least every 5 years. The department may
474 update the data set and assessment more frequently if it
475 determines that updates are necessary to maintain the validity
476 of the data set and assessment.
477 (5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN.—
478 (a) By December 1 of, 2021, and each year December 1
479 thereafter, the department shall develop a Statewide Flooding
480 and Sea Level Rise Resilience Plan on a 3-year planning horizon
481 and submit it to the Governor, the President of the Senate, and
482 the Speaker of the House of Representatives. The plan must
483 consist of ranked projects that address risks of flooding and
484 sea level rise to coastal and inland communities in the state.
485 All eligible projects submitted to the department pursuant to
486 this section must be ranked and included in the plan. Each plan
487 must include a detailed narrative overview describing how the
488 plan was developed, including a description of the methodology
489 used by the department to determine project eligibility, a
490 description of the methodology used to rank projects, the
491 specific scoring system used, the project proposal application
492 form, a copy of each submitted project proposal application form
493 separated by eligible projects and ineligible projects, the
494 total number of project proposals received and deemed eligible,
495 the total funding requested, and the total funding requested for
496 eligible projects.
497 (b) The plan submitted by December 1, 2021, before the
498 comprehensive statewide flood vulnerability and sea level rise
499 assessment is completed, will be a preliminary plan that
500 includes projects that address risks of flooding and sea level
501 rise identified in available local government vulnerability
502 assessments and projects submitted by water management districts
503 that mitigate the risks of flooding or sea level rise on water
504 supplies or water resources of the state. The plan submitted by
505 December 1, 2022, and the plan submitted by December 1, 2023,
506 will be updates to the preliminary plan. The plan submitted by
507 December 1, 2024, and each plan submitted by December 1
508 thereafter:,
509 1. Shall primarily address risks of flooding and sea level
510 rise identified in the comprehensive statewide flood
511 vulnerability and sea level rise assessment; and
512 2. May include, at the discretion of the department in
513 consultation with the Chief Resilience Officer, other projects
514 submitted pursuant to paragraph (d) which address risks of
515 flooding and sea level rise to critical assets not yet
516 identified in the comprehensive statewide flood vulnerability
517 and sea level rise assessment.
518 (c) Each plan submitted by the department pursuant to this
519 subsection must include all of the following information for
520 each recommended project:
521 1. A description of the project.
522 2. The location of the project.
523 3. An estimate of how long the project will take to
524 complete.
525 4. An estimate of the cost of the project.
526 5. The cost-share percentage available for the project.
527 6. A summary of the priority score assigned to the project.
528 7. The project sponsor.
529 (d)1. By September 1 of, 2021, and each year September 1
530 thereafter, all of the following entities may submit to the
531 department a list of proposed projects that address risks of
532 flooding or sea level rise identified in the comprehensive
533 statewide flood vulnerability and sea level rise assessment or
534 vulnerability assessments that meet the requirements of
535 subsection (3):
536 a. Counties.
537 b. Municipalities.
538 c. Special districts as defined in s. 189.012 which that
539 are responsible for the management and maintenance of inlets and
540 intracoastal waterways or for the operation and maintenance of a
541 potable water facility, a wastewater facility, an airport, or a
542 seaport facility.
543 d. Regional resilience entities acting on behalf of one or
544 more member counties or municipalities.
545
546 For the plans submitted by December 1, 2024, such entities may
547 submit projects identified in existing vulnerability assessments
548 that do not comply with subsection (3) only if the entity is
549 actively developing a vulnerability assessment that is either
550 under a signed grant agreement with the department pursuant to
551 subsection (3) or funded by another state or federal agency, or
552 is self-funded and intended to meet the requirements of
553 paragraph (3)(d) or the existing vulnerability assessment was
554 completed using previously compliant statutory requirements.
555 Projects identified from this category of vulnerability
556 assessments are eligible for submittal until the prior
557 vulnerability assessment has been updated to meet most recent
558 statutory requirements 2021; December 1, 2022; and December 1,
559 2023, such entities may submit projects identified in existing
560 vulnerability assessments that do not comply with subsection
561 (3). A regional resilience entity may also submit proposed
562 projects to the department pursuant to this subparagraph on
563 behalf of one or more member counties or municipalities.
564 2. By September 1 of, 2021, and each year September 1
565 thereafter, all of the following entities may submit to the
566 department a list of any proposed projects that address risks of
567 flooding or sea level rise identified in the comprehensive
568 statewide flood vulnerability and sea level rise assessment or
569 vulnerability assessments that meet the requirements of
570 subsection (3), or that mitigate the risks of flooding or sea
571 level rise on water supplies or water resources of the state and
572 a corresponding evaluation of each project:
573 a. Water management districts.
574 b. Drainage districts.
575 c. Erosion control districts.
576 d. Flood control districts.
577 e. Regional water supply authorities.
578 3. Each project submitted to the department pursuant to
579 this paragraph for consideration by the department for inclusion
580 in the plan must include all of the following information:
581 a. A description of the project.
582 b. The location of the project.
583 c. An estimate of how long the project will take to
584 complete.
585 d. An estimate of the cost of the project.
586 e. The cost-share percentage available for the project.
587 f. The project sponsor.
588 (e) Each project included in the plan must have a minimum
589 50 percent cost share unless the project assists or is within a
590 financially disadvantaged small community eligible for a reduced
591 cost share. For purposes of this section, the term “community
592 eligible for a reduced cost share” “financially disadvantaged
593 small community” means:
594 1. A municipality that has a population of 10,000 or fewer,
595 according to the most recent April 1 population estimates posted
596 on the Office of Economic and Demographic Research’s website,
597 and a per capita annual income that is less than the state’s per
598 capita annual income as shown in the most recent release from
599 the Bureau of the Census of the United States Department of
600 Commerce that includes both measurements; or
601 2. A county that has a population of 50,000 or fewer,
602 according to the most recent April 1 population estimates posted
603 on the Office of Economic and Demographic Research’s website,
604 and a per capita annual income that is less than the state’s per
605 capita annual income as shown in the most recent release from
606 the Bureau of the Census of the United States Department of
607 Commerce that includes both measurements; or
608 3. A municipality or a county with a per capita annual
609 income that is equal to or less than 75 percent of the state’s
610 per capita annual income as shown in the most recent release
611 from the Bureau of the Census of the United States Department of
612 Commerce.
613 (f) To be eligible for inclusion in the plan, a project
614 must have been submitted pursuant to paragraph (d) or must have
615 been identified in the comprehensive statewide flood
616 vulnerability and sea level rise assessment, as applicable.
617 (g) Expenses ineligible for inclusion in the plan include,
618 but are not limited to, expenses associated with any of the
619 following:
620 1. Aesthetic vegetation.
621 2. Recreational structures such as piers, docks, and
622 boardwalks.
623 3. Water quality components of stormwater and wastewater
624 management systems, except for expenses to mitigate water
625 quality impacts caused by the project or expenses related to
626 water quality which are necessary to obtain a permit for the
627 project.
628 4. Maintenance and repair of over-walks.
629 5. Park activities and facilities, except expenses to
630 control flooding or erosion.
631 6. Navigation construction, operation, and maintenance
632 activities.
633 7. Projects that provide only recreational benefits.
634 (g)(h) The department shall implement a scoring system for
635 assessing each project eligible for inclusion in the plan
636 pursuant to this subsection. The scoring system must include the
637 following tiers and associated criteria:
638 1. Tier 1 must account for 40 percent of the total score
639 and consist of all of the following criteria:
640 a. The degree to which the project addresses the risks
641 posed by flooding and sea level rise identified in the local
642 government vulnerability assessments or the comprehensive
643 statewide flood vulnerability and sea level rise assessment, as
644 applicable.
645 b. The degree to which the project addresses risks to
646 regionally significant assets.
647 c. The degree to which the project reduces risks to areas
648 with an overall higher percentage of vulnerable critical assets.
649 d. The degree to which the project contributes to existing
650 flooding mitigation projects that reduce upland damage costs by
651 incorporating new or enhanced structures or restoration and
652 revegetation projects.
653 2. Tier 2 must account for 30 percent of the total score
654 and consist of all of the following criteria:
655 a. The degree to which flooding and erosion currently
656 affect the condition of the project area.
657 b. The overall readiness of the project to proceed in a
658 timely manner, considering the project’s readiness for the
659 construction phase of development, the status of required
660 permits, the status of any needed easement acquisition, and the
661 availability of local funding sources.
662 c. The environmental habitat enhancement or inclusion of
663 nature-based options for resilience, with priority given to
664 state or federal critical habitat areas for threatened or
665 endangered species.
666 d. The cost-effectiveness of the project.
667 3. Tier 3 must account for 20 percent of the total score
668 and consist of all of the following criteria:
669 a. The availability of local, state, and federal matching
670 funds, considering the status of the funding award, and federal
671 authorization, if applicable.
672 b. Previous state commitment and involvement in the
673 project, considering previously funded phases, the total amount
674 of previous state funding, and previous partial appropriations
675 for the proposed project.
676 c. The exceedance of the flood-resistant construction
677 requirements of the Florida Building Code and applicable flood
678 plain management regulations.
679 4. Tier 4 must account for 10 percent of the total score
680 and consist of all of the following criteria:
681 a. The proposed innovative technologies designed to reduce
682 project costs and provide regional collaboration.
683 b. The extent to which the project assists financially
684 disadvantaged communities.
685 (h)(i) The total amount of funding proposed for each year
686 of the plan may not be less than $100 million. Upon review and
687 subject to appropriation, the Legislature shall approve funding
688 for the projects as specified in the plan. Multiyear projects
689 that receive funding for the first year of the project must be
690 included in subsequent plans and funded until the project is
691 complete, provided that the project sponsor has complied with
692 all contractual obligations and funds are available.
693 (i)(j) The department shall adopt rules initiate rulemaking
694 by August 1, 2021, to implement this section.
695 (6) REGIONAL RESILIENCE ENTITIES.—Subject to specific
696 legislative appropriation, the department may provide funding
697 for all of the following purposes to regional entities,
698 including regional planning councils and estuary partnerships,
699 that are established by general purpose local governments and
700 whose responsibilities include planning for the resilience needs
701 of communities and coordinating intergovernmental solutions to
702 mitigate adverse impacts of flooding and sea level rise:
703 (a) Providing technical assistance to counties and
704 municipalities.
705 (b) Coordinating and conducting activities authorized by
706 subsection (3) with broad regional benefit or on behalf of
707 multiple member counties and municipalities multijurisdictional
708 vulnerability assessments.
709 (c) Developing project proposals to be submitted for
710 inclusion in the Statewide Flooding and Sea Level Rise
711 Resilience Plan.
712 Section 5. Subsection (1) of section 381.0061, Florida
713 Statutes, is amended to read:
714 381.0061 Administrative fines.—
715 (1) In addition to any administrative action authorized by
716 chapter 120 or by other law, the department may impose a fine,
717 which may not exceed $500 for each violation, for a violation of
718 s. 381.006(15) or, s. 381.0065, s. 381.0066, s. 381.0072, or
719 part III of chapter 489, for a violation of any rule adopted by
720 the department under this chapter, or for a violation of chapter
721 386 not involving onsite sewage treatment and disposal systems.
722 The department shall give an alleged violator a notice of intent
723 to impose such fine shall be given by the department to the
724 alleged violator. Each day that a violation continues may
725 constitute a separate violation.
726 Section 6. The Legislature intends that the transfer of the
727 regulation of the Onsite Sewage Program from the Department of
728 Health to the Department of Environmental Protection, as
729 required by the Clean Waterways Act, chapter 2020-150, Laws of
730 Florida, be completed in a phased approach.
731 (1) Before the phased transfer, the Department of
732 Environmental Protection shall coordinate with the Department of
733 Health to identify equipment and vehicles that were previously
734 used to carry out the program in each county and that are no
735 longer needed for such purpose. The Department of Health shall
736 transfer the agreed-upon equipment and vehicles to the
737 Department of Environmental Protection, to the extent that each
738 county agrees to relinquish ownership of such equipment and
739 vehicles to the Department of Health.
740 (2) When the Department of Environmental Protection begins
741 implementing the program within a county, the Department of
742 Health may no longer implement or collect fees for the program
743 unless specified by separate delegation or contract with the
744 Department of Environmental Protection.
745 Section 7. Paragraph (h) of subsection (3) and subsections
746 (5) and (7) of section 381.0065, Florida Statutes, are amended,
747 paragraph (o) is added to subsection (3) of that section, and
748 subsection (9) is added to that section, to read:
749 381.0065 Onsite sewage treatment and disposal systems;
750 regulation.—
751 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
752 PROTECTION.—The department shall:
753 (h) Conduct enforcement activities in accordance with part
754 I of chapter 403, including imposing fines, issuing citations,
755 suspensions, revocations, injunctions, and emergency orders for
756 violations of this section, part I of chapter 386, or part III
757 of chapter 489 or for a violation of any rule adopted by the
758 department under this section, part I of chapter 386, or part
759 III of chapter 489. All references to part I of chapter 386 in
760 this section relate solely to nuisances involving improperly
761 built or maintained septic tanks or other onsite sewage
762 treatment and disposal systems, and untreated or improperly
763 treated or transported waste from onsite sewage treatment and
764 disposal systems. The department shall have all the duties and
765 authorities of the Department of Health in part I of chapter 386
766 for nuisances involving onsite sewage treatment and disposal
767 systems. The department’s authority under part I of chapter 386
768 is in addition to and may be pursued independently of or
769 simultaneously with the enforcement remedies provided under this
770 section and chapter 403.
771 (o) Adopt rules establishing and implementing a program of
772 general permits for this section for projects, or categories of
773 projects, which have, individually or cumulatively, a minimal
774 adverse impact on public health or the environment. Such rules
775 must:
776 1. Specify design or performance criteria which, if
777 applied, would result in compliance with appropriate standards;
778 and
779 2. Authorize a person who complies with the general permit
780 eligibility requirements to use the permit 30 days after giving
781 notice to the department without any agency action by the
782 department. Within the 30-day notice period, the department
783 shall determine whether the activity qualifies for a general
784 permit. If the activity does not qualify or the notice does not
785 contain all the required information, the department must notify
786 the person.
787 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
788 (a) Department personnel who have reason to believe
789 noncompliance exists, may at any reasonable time, enter the
790 premises permitted under ss. 381.0065-381.0066, or the business
791 premises of any septic tank contractor or master septic tank
792 contractor registered under part III of chapter 489, or any
793 premises that the department has reason to believe is being
794 operated or maintained not in compliance, to determine
795 compliance with the provisions of this section, part I of
796 chapter 386, or part III of chapter 489 or rules or standards
797 adopted under ss. 381.0065-381.0067, part I of chapter 386, or
798 part III of chapter 489. As used in this paragraph, the term
799 “premises” does not include a residence or private building. To
800 gain entry to a residence or private building, the department
801 must obtain permission from the owner or occupant or secure an
802 inspection warrant from a court of competent jurisdiction
803 pursuant to the procedures of s. 403.091.
804 (b)1. The department has all of the judicial and
805 administrative remedies available to it pursuant to part I of
806 chapter 403 may issue citations that may contain an order of
807 correction or an order to pay a fine, or both, for violations of
808 ss. 381.0065-381.0067, part I of chapter 386, or part III of
809 chapter 489 or the rules adopted by the department, when a
810 violation of these sections or rules is enforceable by an
811 administrative or civil remedy, or when a violation of these
812 sections or rules is a misdemeanor of the second degree. A
813 citation issued under ss. 381.0065-381.0067, part I of chapter
814 386, or part III of chapter 489 constitutes a notice of proposed
815 agency action.
816 2. A citation must be in writing and must describe the
817 particular nature of the violation, including specific reference
818 to the provisions of law or rule allegedly violated.
819 3. The fines imposed by a citation issued by the department
820 may not exceed $500 for each violation. Each day the violation
821 exists constitutes a separate violation for which a citation may
822 be issued.
823 4. The department shall inform the recipient, by written
824 notice pursuant to ss. 120.569 and 120.57, of the right to an
825 administrative hearing to contest the citation within 21 days
826 after the date the citation is received. The citation must
827 contain a conspicuous statement that if the recipient fails to
828 pay the fine within the time allowed, or fails to appear to
829 contest the citation after having requested a hearing, the
830 recipient has waived the recipient’s right to contest the
831 citation and must pay an amount up to the maximum fine.
832 5. The department may reduce or waive the fine imposed by
833 the citation. In determining whether to reduce or waive the
834 fine, the department must consider the gravity of the violation,
835 the person’s attempts at correcting the violation, and the
836 person’s history of previous violations including violations for
837 which enforcement actions were taken under ss. 381.0065
838 381.0067, part I of chapter 386, part III of chapter 489, or
839 other provisions of law or rule.
840 6. Any person who willfully refuses to sign and accept a
841 citation issued by the department commits a misdemeanor of the
842 second degree, punishable as provided in s. 775.082 or s.
843 775.083.
844 7. The department, pursuant to ss. 381.0065-381.0067, part
845 I of chapter 386, or part III of chapter 489, shall deposit any
846 damages, costs, or penalties fines it collects pursuant to this
847 section and part I of chapter 403 in the Water Quality Assurance
848 Trust Fund county health department trust fund for use in
849 providing services specified in those sections.
850 8. This section provides an alternative means of enforcing
851 ss. 381.0065-381.0067, part I of chapter 386, and part III of
852 chapter 489. This section does not prohibit the department from
853 enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
854 III of chapter 489, or its rules, by any other means. However,
855 the department must elect to use only a single method of
856 enforcement for each violation.
857 (7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE
858 TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a
859 total maximum daily load, the department shall implement a fast
860 track approval process of no longer than 6 months for the
861 determination of the use of American National Standards
862 Institute 245 systems approved by NSF International before July
863 1, 2020. The department shall also establish an enhanced
864 nutrient-reducing onsite sewage treatment and disposal system
865 approval program that will expeditiously evaluate and approve
866 such systems for use in this state to comply with ss.
867 403.067(7)(a)10. and 373.469(3)(d).
868 (9) CONTRACT OR DELEGATION AUTHORITY.—The department may
869 contract with or delegate its powers and duties under this
870 section to a county as provided in s. 403.061 or s. 403.182.
871 Section 8. Subsection (2) of section 381.0066, Florida
872 Statutes, is amended to read:
873 381.0066 Onsite sewage treatment and disposal systems;
874 fees.—
875 (2) The minimum fees in the following fee schedule apply
876 until changed by rule by the department within the following
877 limits:
878 (a) Application review, permit issuance, or system
879 inspection, when performed by the department or a private
880 provider inspector, including repair of a subsurface, mound,
881 filled, or other alternative system or permitting of an
882 abandoned system: a fee of not less than $25, or more than $125.
883 (b) Site evaluation, site reevaluation, evaluation of a
884 system previously in use, or a per annum septage disposal site
885 evaluation: a fee of not less than $40, or more than $115.
886 (c) Biennial operating permit for aerobic treatment units
887 or performance-based treatment systems: a fee of not more than
888 $100.
889 (d) Annual operating permit for systems located in areas
890 zoned for industrial manufacturing or equivalent uses or where
891 the system is expected to receive wastewater which is not
892 domestic in nature: a fee of not less than $150, or more than
893 $300.
894 (e) Innovative technology: a fee not to exceed $25,000.
895 (f) Septage disposal service, septage stabilization
896 facility, portable or temporary toilet service, tank
897 manufacturer inspection: a fee of not less than $25, or more
898 than $200, per year.
899 (g) Application for variance: a fee of not less than $150,
900 or more than $300.
901 (h) Annual operating permit for waterless, incinerating, or
902 organic waste composting toilets: a fee of not less than $15, or
903 more than $30.
904 (i) Aerobic treatment unit or performance-based treatment
905 system maintenance entity permit: a fee of not less than $25, or
906 more than $150, per year.
907 (j) Reinspection fee per visit for site inspection after
908 system construction approval or for noncompliant system
909 installation per site visit: a fee of not less than $25, or more
910 than $100.
911 (k) Research: An additional $5 fee shall be added to each
912 new system construction permit issued to be used to fund onsite
913 sewage treatment and disposal system research, demonstration,
914 and training projects. Five dollars from any repair permit fee
915 collected under this section shall be used for funding the
916 hands-on training centers described in s. 381.0065(3)(j).
917 (l) Annual operating permit, including annual inspection
918 and any required sampling and laboratory analysis of effluent,
919 for an engineer-designed performance-based system: a fee of not
920 less than $150, or more than $300.
921
922 The funds collected pursuant to this subsection for the
923 implementation of onsite sewage treatment and disposal system
924 regulation and for the purposes of ss. 381.00655 and 381.0067,
925 subsequent to any phased transfer of implementation from the
926 Department of Health to the department within any county
927 pursuant to s. 381.0065, must be deposited in the Florida Permit
928 Fee Trust Fund under s. 403.0871, to be administered by the
929 department a trust fund administered by the department, to be
930 used for the purposes stated in this section and ss. 381.0065
931 and 381.00655.
932 Section 9. Subsection (4) of section 403.061, Florida
933 Statutes, is amended to read:
934 403.061 Department; powers and duties.—The department shall
935 have the power and the duty to control and prohibit pollution of
936 air and water in accordance with the law and rules adopted and
937 promulgated by it and, for this purpose, to:
938 (4) Secure necessary scientific, technical, research,
939 administrative, and operational services by interagency
940 agreement, by contract, or otherwise. All state agencies and
941 counties, upon direction of the department, shall make these
942 services and facilities available.
943
944 The department shall implement such programs in conjunction with
945 its other powers and duties and shall place special emphasis on
946 reducing and eliminating contamination that presents a threat to
947 humans, animals or plants, or to the environment.
948 Section 10. Subsections (1), (2), (14), and (15) of section
949 403.064, Florida Statutes, are amended to read:
950 403.064 Reuse of reclaimed water.—
951 (1) The encouragement and promotion of water conservation,
952 and reuse of reclaimed water, as defined by the department, are
953 state objectives and are considered to be in the public
954 interest. The Legislature finds that the reuse of reclaimed
955 water is a critical component of meeting the state’s existing
956 and future water supply needs while sustaining natural systems
957 and encouraging its best and most beneficial use. The
958 Legislature further finds that for those wastewater treatment
959 plants permitted and operated under an approved reuse program by
960 the department, the reclaimed water shall be considered
961 environmentally acceptable and not a threat to public health and
962 safety. The Legislature encourages the development of incentive
963 based programs for reuse implementation.
964 (2) All applicants for permits to construct or operate a
965 domestic wastewater treatment facility located within, serving a
966 population located within, or discharging within a water
967 resource caution area shall prepare a reuse feasibility study as
968 part of their application for the permit. Reuse feasibility
969 studies must shall be prepared in accordance with department
970 guidelines adopted by rule and shall include, but are not
971 limited to:
972 (a) Evaluation of monetary costs and benefits for several
973 levels and types of reuse.
974 (b) Evaluation of the estimated water savings resulting
975 from different types of if reuse, if is implemented.
976 (c) Evaluation of rates and fees necessary to implement
977 reuse.
978 (d) Evaluation of environmental and water resource benefits
979 associated with the different types of reuse.
980 (e) Evaluation of economic, environmental, and technical
981 constraints associated with the different types of reuse,
982 including any constraints caused by potential water quality
983 impacts.
984 (f) A schedule for implementation of reuse. The schedule
985 must shall consider phased implementation.
986 (14) After conducting a feasibility study under subsection
987 (2), a domestic wastewater treatment facility facilities that
988 disposes dispose of effluent by Class I deep well injection, as
989 defined in 40 C.F.R. s. 144.6(a), surface water discharge, land
990 application, or other method to dispose of effluent or a portion
991 thereof must implement reuse to the degree that reuse is
992 feasible, based upon the applicant’s reuse feasibility study,
993 with consideration given to direct ecological or public water
994 supply benefits afforded by any disposal. Applicable permits
995 issued by the department must shall be consistent with the
996 requirements of this subsection.
997 (a) This subsection does not limit the use of a Class I
998 deep well injection as defined in 40 C.F.R. s. 144.6(a), surface
999 water discharge, land application, or another method to dispose
1000 of effluent or a portion thereof for backup use only facility as
1001 backup for a reclaimed water reuse system.
1002 (b) This subsection applies only to domestic wastewater
1003 treatment facilities located within, serving a population
1004 located within, or discharging within a water resource caution
1005 area.
1006 (15) After conducting a feasibility study under subsection
1007 (2), domestic wastewater treatment facilities that dispose of
1008 effluent by surface water discharges or by land application
1009 methods must implement reuse to the degree that reuse is
1010 feasible, based upon the applicant’s reuse feasibility study.
1011 This subsection does not apply to surface water discharges or
1012 land application systems which are currently categorized as
1013 reuse under department rules. Applicable permits issued by the
1014 department shall be consistent with the requirements of this
1015 subsection.
1016 (a) This subsection does not limit the use of a surface
1017 water discharge or land application facility as backup for a
1018 reclaimed water reuse system.
1019 (b) This subsection applies only to domestic wastewater
1020 treatment facilities located within, serving a population
1021 located within, or discharging within a water resource caution
1022 area.
1023 Section 11. Paragraph (a) of subsection (7) of section
1024 403.067, Florida Statutes, is amended to read:
1025 403.067 Establishment and implementation of total maximum
1026 daily loads.—
1027 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1028 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1029 (a) Basin management action plans.—
1030 1. In developing and implementing the total maximum daily
1031 load for a waterbody, the department, or the department in
1032 conjunction with a water management district, may develop a
1033 basin management action plan that addresses some or all of the
1034 watersheds and basins tributary to the waterbody. Such plan must
1035 integrate the appropriate management strategies available to the
1036 state through existing water quality protection programs to
1037 achieve the total maximum daily loads and may provide for phased
1038 implementation of these management strategies to promote timely,
1039 cost-effective actions as provided for in s. 403.151. The plan
1040 must establish a schedule implementing the management
1041 strategies, establish a basis for evaluating the plan’s
1042 effectiveness, and identify feasible funding strategies for
1043 implementing the plan’s management strategies. The management
1044 strategies may include regional treatment systems or other
1045 public works, when appropriate, and voluntary trading of water
1046 quality credits to achieve the needed pollutant load reductions.
1047 2. A basin management action plan must equitably allocate,
1048 pursuant to paragraph (6)(b), pollutant reductions to individual
1049 basins, as a whole to all basins, or to each identified point
1050 source or category of nonpoint sources, as appropriate. For
1051 nonpoint sources for which best management practices have been
1052 adopted, the initial requirement specified by the plan must be
1053 those practices developed pursuant to paragraph (c). When
1054 appropriate, the plan may take into account the benefits of
1055 pollutant load reduction achieved by point or nonpoint sources
1056 that have implemented management strategies to reduce pollutant
1057 loads, including best management practices, before the
1058 development of the basin management action plan. The plan must
1059 also identify the mechanisms that will address potential future
1060 increases in pollutant loading.
1061 3. The basin management action planning process is intended
1062 to involve the broadest possible range of interested parties,
1063 with the objective of encouraging the greatest amount of
1064 cooperation and consensus possible. In developing a basin
1065 management action plan, the department shall assure that key
1066 stakeholders, including, but not limited to, applicable local
1067 governments, water management districts, the Department of
1068 Agriculture and Consumer Services, other appropriate state
1069 agencies, local soil and water conservation districts,
1070 environmental groups, regulated interests, and affected
1071 pollution sources, are invited to participate in the process.
1072 The department shall hold at least one public meeting in the
1073 vicinity of the watershed or basin to discuss and receive
1074 comments during the planning process and shall otherwise
1075 encourage public participation to the greatest practicable
1076 extent. Notice of the public meeting must be published in a
1077 newspaper of general circulation in each county in which the
1078 watershed or basin lies at least 5 days, but not more than 15
1079 days, before the public meeting. A basin management action plan
1080 does not supplant or otherwise alter any assessment made under
1081 subsection (3) or subsection (4) or any calculation or initial
1082 allocation.
1083 4. Each new or revised basin management action plan must
1084 include all of the following:
1085 a. The appropriate management strategies available through
1086 existing water quality protection programs to achieve total
1087 maximum daily loads, which may provide for phased implementation
1088 to promote timely, cost-effective actions as provided for in s.
1089 403.151.
1090 b. A description of best management practices adopted by
1091 rule.
1092 c. For the applicable 5-year implementation milestone, a
1093 list of projects that will achieve the pollutant load reductions
1094 needed to meet the total maximum daily load or the load
1095 allocations established pursuant to subsection (6). Each project
1096 must include a planning-level cost estimate and an estimated
1097 date of completion.
1098 d. A list of projects developed pursuant to paragraph (e),
1099 if applicable.
1100 e. The source and amount of financial assistance to be made
1101 available by the department, a water management district, or
1102 other entity for each listed project, if applicable.
1103 f. A planning-level estimate of each listed project’s
1104 expected load reduction, if applicable.
1105 5. The department shall adopt all or any part of a basin
1106 management action plan and any amendment to such plan by
1107 secretarial order pursuant to chapter 120 to implement this
1108 section.
1109 6. The basin management action plan must include 5-year
1110 milestones for implementation and water quality improvement, and
1111 an associated water quality monitoring component sufficient to
1112 evaluate whether reasonable progress in pollutant load
1113 reductions is being achieved over time. An assessment of
1114 progress toward these milestones shall be conducted every 5
1115 years, and revisions to the plan shall be made as appropriate.
1116 Any entity with a specific pollutant load reduction requirement
1117 established in a basin management action plan shall identify the
1118 projects or strategies that such entity will undertake to meet
1119 current 5-year pollution reduction milestones, beginning with
1120 the first 5-year milestone for new basin management action
1121 plans, and submit such projects to the department for inclusion
1122 in the appropriate basin management action plan. Each project
1123 identified must include an estimated amount of nutrient
1124 reduction that is reasonably expected to be achieved based on
1125 the best scientific information available. Revisions to the
1126 basin management action plan shall be made by the department in
1127 cooperation with basin stakeholders. Revisions to the management
1128 strategies required for nonpoint sources must follow the
1129 procedures in subparagraph (c)4. Revised basin management action
1130 plans must be adopted pursuant to subparagraph 5.
1131 7. In accordance with procedures adopted by rule under
1132 paragraph (9)(c), basin management action plans, and other
1133 pollution control programs under local, state, or federal
1134 authority as provided in subsection (4), may allow point or
1135 nonpoint sources that will achieve greater pollutant reductions
1136 than required by an adopted total maximum daily load or
1137 wasteload allocation to generate, register, and trade water
1138 quality credits for the excess reductions to enable other
1139 sources to achieve their allocation; however, the generation of
1140 water quality credits does not remove the obligation of a source
1141 or activity to meet applicable technology requirements or
1142 adopted best management practices. Such plans must allow trading
1143 between NPDES permittees, and trading that may or may not
1144 involve NPDES permittees, where the generation or use of the
1145 credits involve an entity or activity not subject to department
1146 water discharge permits whose owner voluntarily elects to obtain
1147 department authorization for the generation and sale of credits.
1148 8. The department’s rule relating to the equitable
1149 abatement of pollutants into surface waters do not apply to
1150 water bodies or waterbody segments for which a basin management
1151 plan that takes into account future new or expanded activities
1152 or discharges has been adopted under this section.
1153 9. In order to promote resilient wastewater utilities, if
1154 the department identifies domestic wastewater treatment
1155 facilities or onsite sewage treatment and disposal systems as
1156 contributors of at least 20 percent of point source or nonpoint
1157 source nutrient pollution or if the department determines
1158 remediation is necessary to achieve the total maximum daily
1159 load, a basin management action plan for a nutrient total
1160 maximum daily load must include the following:
1161 a. A domestic wastewater treatment plan developed by each
1162 local government, in cooperation with the department, the water
1163 management district, and the public and private domestic
1164 wastewater treatment facilities providing services or located
1165 within the jurisdiction of the local government, which that
1166 addresses domestic wastewater. Private domestic wastewater
1167 facilities and special districts providing domestic wastewater
1168 services must provide the required wastewater facility
1169 information to the applicable local governments. The domestic
1170 wastewater treatment plan must:
1171 (I) Provide for construction, expansion, or upgrades
1172 necessary to achieve the total maximum daily load requirements
1173 applicable to the domestic wastewater treatment facility.
1174 (II) Include the permitted capacity in average annual
1175 gallons per day for the domestic wastewater treatment facility;
1176 the average nutrient concentration and the estimated average
1177 nutrient load of the domestic wastewater; a projected timeline
1178 of the dates by which the construction of any facility
1179 improvements will begin and be completed and the date by which
1180 operations of the improved facility will begin; the estimated
1181 cost of the improvements; and the identity of responsible
1182 parties.
1183
1184 The domestic wastewater treatment plan must be adopted as part
1185 of the basin management action plan no later than July 1, 2025.
1186 A local government that does not have a domestic wastewater
1187 treatment facility in its jurisdiction is not required to
1188 develop a domestic wastewater treatment plan unless there is a
1189 demonstrated need to establish a domestic wastewater treatment
1190 facility within its jurisdiction to improve water quality
1191 necessary to achieve a total maximum daily load. A local
1192 government is not responsible for a private domestic wastewater
1193 facility’s compliance with a basin management action plan unless
1194 such facility is operated through a public-private partnership
1195 to which the local government is a party.
1196 b. An onsite sewage treatment and disposal system
1197 remediation plan developed by each local government in
1198 cooperation with the department, the Department of Health, water
1199 management districts, and public and private domestic wastewater
1200 treatment facilities.
1201 (I) The onsite sewage treatment and disposal system
1202 remediation plan must identify cost-effective and financially
1203 feasible projects necessary to achieve the nutrient load
1204 reductions required for onsite sewage treatment and disposal
1205 systems. To identify cost-effective and financially feasible
1206 projects for remediation of onsite sewage treatment and disposal
1207 systems, the local government shall:
1208 (A) Include an inventory of onsite sewage treatment and
1209 disposal systems based on the best information available;
1210 (B) Identify onsite sewage treatment and disposal systems
1211 that would be eliminated through connection to existing or
1212 future central domestic wastewater infrastructure in the
1213 jurisdiction or domestic wastewater service area of the local
1214 government, that would be replaced with or upgraded to enhanced
1215 nutrient-reducing onsite sewage treatment and disposal systems,
1216 or that would remain on conventional onsite sewage treatment and
1217 disposal systems;
1218 (C) Estimate the costs of potential onsite sewage treatment
1219 and disposal system connections, upgrades, or replacements; and
1220 (D) Identify deadlines and interim milestones for the
1221 planning, design, and construction of projects.
1222 (II) The department shall adopt the onsite sewage treatment
1223 and disposal system remediation plan as part of the basin
1224 management action plan no later than July 1, 2025, or as
1225 required for Outstanding Florida Springs under s. 373.807.
1226 10. The installation of new onsite sewage treatment and
1227 disposal systems constructed within a basin management action
1228 plan area adopted under this section, a reasonable assurance
1229 plan, or a pollution reduction plan is prohibited where
1230 connection to a publicly owned or investor-owned sewerage system
1231 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
1232 or less within a basin management action plan adopted under this
1233 section, a reasonable assurance plan, or a pollution reduction
1234 plan where a publicly owned or investor-owned sewerage system is
1235 not available, the installation of enhanced nutrient-reducing
1236 onsite sewage treatment and disposal systems or other wastewater
1237 treatment systems that achieve at least 65 percent nitrogen
1238 reduction is required.
1239 11. When identifying wastewater projects in a basin
1240 management action plan, the department may not require the
1241 higher cost option if it achieves the same nutrient load
1242 reduction as a lower cost option. A regulated entity may choose
1243 a different cost option if it complies with the pollutant
1244 reduction requirements of an adopted total maximum daily load
1245 and meets or exceeds the pollution reduction requirement of the
1246 original project.
1247 12. Annually, local governments subject to a basin
1248 management action plan or located within the basin of a
1249 waterbody not attaining nutrient or nutrient-related standards
1250 must provide to the department an update on the status of
1251 construction of sanitary sewers to serve such areas, in a manner
1252 prescribed by the department.
1253 Section 12. Paragraph (f) of subsection (2) and subsection
1254 (7) of section 403.0673, Florida Statutes, are amended, and
1255 subsection (8) is added to that section, to read:
1256 403.0673 Water quality improvement grant program.—A grant
1257 program is established within the Department of Environmental
1258 Protection to address wastewater, stormwater, and agricultural
1259 sources of nutrient loading to surface water or groundwater.
1260 (2) The department may provide grants for all of the
1261 following types of projects that reduce the amount of nutrients
1262 entering those waterbodies identified in subsection (1):
1263 (f) Projects identified in a domestic wastewater treatment
1264 plan or an onsite sewage treatment and disposal system
1265 remediation plan developed pursuant to s. 403.067(7)(a)9.a. and
1266 b.
1267 (7) Beginning January 15, 2024, and each January 15
1268 thereafter, the department shall submit a report regarding the
1269 projects funded pursuant to this section to the Governor, the
1270 President of the Senate, and the Speaker of the House of
1271 Representatives.
1272 (a) The report must include a list of those projects
1273 receiving funding and the following information for each
1274 project:
1275 1.(a) A description of the project;
1276 2.(b) The cost of the project;
1277 3.(c) The estimated nutrient load reduction of the project;
1278 4.(d) The location of the project;
1279 5.(e) The waterbody or waterbodies where the project will
1280 reduce nutrients; and
1281 6.(f) The total cost share being provided for the project.
1282 (b) The report must also include a status report on each
1283 project funded since 2021. The status report must, at a minimum,
1284 identify which projects have been completed and, if such
1285 information is available, provide nutrient load improvements or
1286 water quality testing data for the waterbody.
1287 (8) By July 1, 2025, the department must include the
1288 projects funded pursuant to this section on a user-friendly
1289 website or dashboard. The website or dashboard must allow the
1290 user to see the information provided in subsection (7) and must
1291 be updated at least annually.
1292 Section 13. Paragraph (c) of subsection (1) of section
1293 403.086, Florida Statutes, is amended to read:
1294 403.086 Sewage disposal facilities; advanced and secondary
1295 waste treatment.—
1296 (1)
1297 (c)1. Notwithstanding this chapter or chapter 373, sewage
1298 disposal facilities may not dispose any wastes into the
1299 following waters without providing advanced waste treatment, as
1300 defined in subsection (4), as approved by the department or a
1301 more stringent treatment standard if the department determines
1302 the more stringent standard is necessary to achieve the total
1303 maximum daily load or applicable water quality criteria:
1304 a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega
1305 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little
1306 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay;
1307 Biscayne Bay; or any river, stream, channel, canal, bay, bayou,
1308 sound, or other water tributary thereto.
1309 b. Beginning July 1, 2025, Indian River Lagoon, or any
1310 river, stream, channel, canal, bay, bayou, sound, or other water
1311 tributary thereto.
1312 c. By January 1, 2033, waterbodies that are currently not
1313 attaining nutrient or nutrient-related standards or that are
1314 subject to a nutrient or nutrient-related basin management
1315 action plan adopted pursuant to s. 403.067 or adopted reasonable
1316 assurance plan.
1317 2. For any waterbody determined not to be attaining
1318 nutrient or nutrient-related standards after July 1, 2023, or
1319 subject to a nutrient or nutrient-related basin management
1320 action plan adopted pursuant to s. 403.067 or adopted reasonable
1321 assurance plan after July 1, 2023, sewage disposal facilities
1322 are prohibited from disposing any wastes into such waters
1323 without providing advanced waste treatment, as defined in
1324 subsection (4), as approved by the department within 10 years
1325 after such determination or adoption.
1326 3. By July 1, 2034, a wastewater treatment facility
1327 providing reclaimed water that will be used for commercial or
1328 residential irrigation or be otherwise land applied within a
1329 nutrient basin management action plan or reasonable assurance
1330 plan area must meet the advanced waste treatment standards for
1331 total nitrogen and total phosphorous as defined in paragraph
1332 (4)(a) if the department has determined in an applicable basin
1333 management action plan or reasonable assurance plan that the use
1334 of reclaimed water as described in this subparagraph is causing
1335 or contributing to the nutrient impairment being addressed in
1336 such plan. For such department determinations made in a nutrient
1337 basin management action plan or reasonable assurance plan after
1338 July 1, 2024, an applicable wastewater treatment facility must
1339 meet the requisite advanced waste treatment standards described
1340 in this subparagraph within 10 years after such determination.
1341 This subparagraph does not prevent the department from requiring
1342 an alternative treatment standard, including a more stringent
1343 treatment standard, if the department determines that the
1344 alternative standard is necessary to achieve the total maximum
1345 daily load or applicable water quality criteria. This
1346 subparagraph does not apply to reclaimed water that is otherwise
1347 land applied as part of a water quality restoration project or
1348 water resource development project approved by the department to
1349 meet a total maximum daily load or minimum flow or level and
1350 where such reclaimed water will be at or below the advanced
1351 waste treatment standards described above before entering
1352 groundwater or surface water.
1353 Section 14. Paragraphs (a) and (b) of subsection (1) and
1354 paragraph (b) of subsection (3) of section 403.091, Florida
1355 Statutes, are amended to read:
1356 403.091 Inspections.—
1357 (1)(a) Any duly authorized representative of the department
1358 may at any reasonable time enter and inspect, for the purpose of
1359 ascertaining the state of compliance with the law or rules and
1360 regulations of the department, any property, premises, or place,
1361 except a building which is used exclusively for a private
1362 residence, on or at which:
1363 1. A hazardous waste generator, transporter, or facility or
1364 other air or water contaminant source;
1365 2. A discharger, including any nondomestic discharger which
1366 introduces any pollutant into a publicly owned treatment works;
1367 3. An onsite sewage treatment and disposal system as
1368 defined in s. 381.0065(2)(m);
1369 4. Any facility, as defined in s. 376.301; or
1370 5.4. A resource recovery and management facility
1371
1372 is located or is being constructed or installed or where records
1373 which are required under this chapter, ss. 376.30-376.317, or
1374 department rule are kept.
1375 (b) Any duly authorized representative may at reasonable
1376 times have access to and copy any records required under this
1377 chapter or ss. 376.30-376.317; inspect any monitoring equipment
1378 or method; sample for any pollutants as defined in s. 376.301,
1379 effluents, or wastes which the owner or operator of such source
1380 may be discharging or which may otherwise be located on or
1381 underlying the owner’s or operator’s property; and obtain any
1382 other information necessary to determine compliance with permit
1383 conditions or other requirements of this chapter, ss. 376.30
1384 376.317, ss. 381.0065-381.0067, part I of chapter 386 for
1385 purposes of onsite sewage treatment and disposal systems, part
1386 III of chapter 489, or rules or standards adopted under ss.
1387 381.0065-381.0067, part I of chapter 386 for purposes of onsite
1388 sewage treatment and disposal systems, or part III of chapter
1389 489, or department rules.
1390 (3)
1391 (b) Upon proper affidavit being made, an inspection warrant
1392 may be issued under the provisions of this chapter or ss.
1393 376.30-376.317:
1394 1. When it appears that the properties to be inspected may
1395 be connected with or contain evidence of the violation of any of
1396 the provisions of this chapter or ss. 376.30-376.317, ss.
1397 381.0065-381.0067, part I of chapter 386 for purposes of onsite
1398 sewage treatment and disposal systems, part III of chapter 489,
1399 or rules or standards adopted under ss. 381.0065-381.0067, part
1400 I of chapter 386 for purposes of onsite sewage treatment and
1401 disposal systems, or part III of chapter 489 or any rule
1402 properly promulgated thereunder; or
1403 2. When the inspection sought is an integral part of a
1404 larger scheme of systematic routine inspections which are
1405 necessary to, and consistent with, the continuing efforts of the
1406 department to ensure compliance with the provisions of this
1407 chapter or ss. 376.30-376.317, ss. 381.0065-381.0067, part I of
1408 chapter 386 for purposes of onsite sewage treatment and disposal
1409 systems, part III of chapter 489, or rules or standards adopted
1410 under ss. 381.0065-381.0067, part I of chapter 386 for purposes
1411 of onsite sewage treatment and disposal systems, or part III of
1412 chapter 489 and any rules adopted thereunder.
1413 Section 15. Section 403.121, Florida Statutes, is amended
1414 to read:
1415 403.121 Enforcement; procedure; remedies.—The department
1416 shall have the following judicial and administrative remedies
1417 available to it for violations of this chapter, as specified in
1418 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for
1419 purposes of onsite sewage treatment and disposal systems, part
1420 III of chapter 489, or any rule promulgated thereunder.
1421 (1) Judicial Remedies:
1422 (a) The department may institute a civil action in a court
1423 of competent jurisdiction to establish liability and to recover
1424 damages for any injury to the air, waters, or property,
1425 including animal, plant, and aquatic life, of the state caused
1426 by any violation.
1427 (b) The department may institute a civil action in a court
1428 of competent jurisdiction to impose and to recover a civil
1429 penalty for each violation in an amount of not more than $15,000
1430 per offense. However, the court may receive evidence in
1431 mitigation. Each day during any portion of which such violation
1432 occurs constitutes a separate offense.
1433 (c) Except as provided in paragraph (2)(c), it is not a
1434 defense to, or ground for dismissal of, these judicial remedies
1435 for damages and civil penalties that the department has failed
1436 to exhaust its administrative remedies, has failed to serve a
1437 notice of violation, or has failed to hold an administrative
1438 hearing before the institution of a civil action.
1439 (2) Administrative Remedies:
1440 (a) The department may institute an administrative
1441 proceeding to establish liability and to recover damages for any
1442 injury to the air, waters, or property, including animal, plant,
1443 or aquatic life, of the state caused by any violation. The
1444 department may order that the violator pay a specified sum as
1445 damages to the state. Judgment for the amount of damages
1446 determined by the department may be entered in any court having
1447 jurisdiction thereof and may be enforced as any other judgment.
1448 (b) If the department has reason to believe a violation has
1449 occurred, it may institute an administrative proceeding to order
1450 the prevention, abatement, or control of the conditions creating
1451 the violation or other appropriate corrective action. Except for
1452 violations involving hazardous wastes, asbestos, or underground
1453 injection, the department shall proceed administratively in all
1454 cases in which the department seeks administrative penalties
1455 that do not exceed $50,000 per assessment as calculated in
1456 accordance with subsections (3), (4), (5), (6), and (7).
1457 Pursuant to 42 U.S.C. s. 300g-2, the administrative penalty
1458 assessed pursuant to subsection (3), subsection (4), or
1459 subsection (5) against a public water system serving a
1460 population of more than 10,000 may not be less than $1,000 per
1461 day per violation. The department may not impose administrative
1462 penalties in excess of $50,000 in a notice of violation. The
1463 department may not have more than one notice of violation
1464 seeking administrative penalties pending against the same party
1465 at the same time unless the violations occurred at a different
1466 site or the violations were discovered by the department
1467 subsequent to the filing of a previous notice of violation.
1468 (c) An administrative proceeding shall be instituted by the
1469 department’s serving of a written notice of violation upon the
1470 alleged violator by certified mail. If the department is unable
1471 to effect service by certified mail, the notice of violation may
1472 be hand delivered or personally served in accordance with
1473 chapter 48. The notice shall specify the law, rule, regulation,
1474 permit, certification, or order of the department alleged to be
1475 violated and the facts alleged to constitute a violation
1476 thereof. An order for corrective action, penalty assessment, or
1477 damages may be included with the notice. When the department is
1478 seeking to impose an administrative penalty for any violation by
1479 issuing a notice of violation, any corrective action needed to
1480 correct the violation or damages caused by the violation must be
1481 pursued in the notice of violation or they are waived. However,
1482 an order is not effective until after service and an
1483 administrative hearing, if requested within 20 days after
1484 service. Failure to request an administrative hearing within
1485 this time period constitutes a waiver thereof, unless the
1486 respondent files a written notice with the department within
1487 this time period opting out of the administrative process
1488 initiated by the department to impose administrative penalties.
1489 Any respondent choosing to opt out of the administrative process
1490 initiated by the department in an action that seeks the
1491 imposition of administrative penalties must file a written
1492 notice with the department within 20 days after service of the
1493 notice of violation opting out of the administrative process. A
1494 respondent’s decision to opt out of the administrative process
1495 does not preclude the department from initiating a state court
1496 action seeking injunctive relief, damages, and the judicial
1497 imposition of civil penalties.
1498 (d) If a person timely files a petition challenging a
1499 notice of violation, that person will thereafter be referred to
1500 as the respondent. The hearing requested by the respondent shall
1501 be held within 180 days after the department has referred the
1502 initial petition to the Division of Administrative Hearings
1503 unless the parties agree to a later date. The department has the
1504 burden of proving with the preponderance of the evidence that
1505 the respondent is responsible for the violation. Administrative
1506 penalties should not be imposed unless the department satisfies
1507 that burden. Following the close of the hearing, the
1508 administrative law judge shall issue a final order on all
1509 matters, including the imposition of an administrative penalty.
1510 When the department seeks to enforce that portion of a final
1511 order imposing administrative penalties pursuant to s. 120.69,
1512 the respondent may not assert as a defense the inappropriateness
1513 of the administrative remedy. The department retains its final
1514 order authority in all administrative actions that do not
1515 request the imposition of administrative penalties.
1516 (e) After filing a petition requesting a formal hearing in
1517 response to a notice of violation in which the department
1518 imposes an administrative penalty, a respondent may request that
1519 a private mediator be appointed to mediate the dispute by
1520 contacting the Florida Conflict Resolution Consortium within 10
1521 days after receipt of the initial order from the administrative
1522 law judge. The Florida Conflict Resolution Consortium shall pay
1523 all of the costs of the mediator and for up to 8 hours of the
1524 mediator’s time per case at $150 per hour. Upon notice from the
1525 respondent, the Florida Conflict Resolution Consortium shall
1526 provide to the respondent a panel of possible mediators from the
1527 area in which the hearing on the petition would be heard. The
1528 respondent shall select the mediator and notify the Florida
1529 Conflict Resolution Consortium of the selection within 15 days
1530 of receipt of the proposed panel of mediators. The Florida
1531 Conflict Resolution Consortium shall provide all of the
1532 administrative support for the mediation process. The mediation
1533 must be completed at least 15 days before the final hearing date
1534 set by the administrative law judge.
1535 (f) In any administrative proceeding brought by the
1536 department, the prevailing party shall recover all costs as
1537 provided in ss. 57.041 and 57.071. The costs must be included in
1538 the final order. The respondent is the prevailing party when an
1539 order is entered awarding no penalties to the department and
1540 such order has not been reversed on appeal or the time for
1541 seeking judicial review has expired. The respondent is entitled
1542 to an award of attorney fees if the administrative law judge
1543 determines that the notice of violation issued by the department
1544 seeking the imposition of administrative penalties was not
1545 substantially justified as defined in s. 57.111(3)(e). An award
1546 of attorney fees as provided by this subsection may not exceed
1547 $15,000.
1548 (g) This section does not prevent any other legal or
1549 administrative action in accordance with law and does not limit
1550 the department’s authority provided in ss. 403.131, 403.141, and
1551 this section to judicially pursue injunctive relief. When the
1552 department exercises its authority to judicially pursue
1553 injunctive relief, penalties in any amount up to the statutory
1554 maximum sought by the department must be pursued as part of the
1555 state court action and not by initiating a separate
1556 administrative proceeding. The department retains the authority
1557 to judicially pursue penalties in excess of $50,000 for
1558 violations not specifically included in the administrative
1559 penalty schedule, or for multiple or multiday violations alleged
1560 to exceed a total of $50,000. The department also retains the
1561 authority provided in ss. 403.131, 403.141, and this section to
1562 judicially pursue injunctive relief and damages, if a notice of
1563 violation seeking the imposition of administrative penalties has
1564 not been issued. The department has the authority to enter into
1565 a settlement, before or after initiating a notice of violation,
1566 and the settlement may include a penalty amount different from
1567 the administrative penalty schedule. Any case filed in state
1568 court because it is alleged to exceed a total of $50,000 in
1569 penalties may be settled in the court action for less than
1570 $50,000.
1571 (h) Chapter 120 applies to any administrative action taken
1572 by the department or any delegated program pursuing
1573 administrative penalties in accordance with this section.
1574 (3) Except for violations involving hazardous wastes,
1575 asbestos, or underground injection, administrative penalties
1576 must be calculated according to the following schedule:
1577 (a) For a drinking water contamination violation, the
1578 department shall assess a penalty of $3,000 for a Maximum
1579 Containment Level (MCL) violation; plus $1,500 if the violation
1580 is for a primary inorganic, organic, or radiological Maximum
1581 Contaminant Level or it is a fecal coliform bacteria violation;
1582 plus $1,500 if the violation occurs at a community water system;
1583 and plus $1,500 if any Maximum Contaminant Level is exceeded by
1584 more than 100 percent. For failure to obtain a clearance letter
1585 before placing a drinking water system into service when the
1586 system would not have been eligible for clearance, the
1587 department shall assess a penalty of $4,500.
1588 (b) For failure to obtain a required wastewater permit,
1589 other than a permit required for surface water discharge, or
1590 obtain an onsite sewage treatment and disposal system permit, or
1591 for a violation of s. 381.0065, or the creation of or
1592 maintenance of a nuisance related to an onsite sewage treatment
1593 and disposal system under part I of chapter 386, or for a
1594 violation of part III of chapter 489, or any rule properly
1595 promulgated thereunder, the department shall assess a penalty of
1596 $2,000. For a domestic or industrial wastewater violation, not
1597 involving a surface water or groundwater quality violation, the
1598 department shall assess a penalty of $4,000 for an unpermitted
1599 or unauthorized discharge or effluent-limitation exceedance or
1600 for failure to comply with s. 403.061(14) or s. 403.086(7) or
1601 rules adopted thereunder. For an unpermitted or unauthorized
1602 discharge or effluent-limitation exceedance that resulted in a
1603 surface water or groundwater quality violation, the department
1604 shall assess a penalty of $10,000. Each day the cause of an
1605 unauthorized discharge of domestic wastewater or sanitary
1606 nuisance is not addressed constitutes a separate offense.
1607 (c) For a dredge and fill or stormwater violation, the
1608 department shall assess a penalty of $1,500 for unpermitted or
1609 unauthorized dredging or filling or unauthorized construction of
1610 a stormwater management system against the person or persons
1611 responsible for the illegal dredging or filling, or unauthorized
1612 construction of a stormwater management system plus $3,000 if
1613 the dredging or filling occurs in an aquatic preserve, an
1614 Outstanding Florida Water, a conservation easement, or a Class I
1615 or Class II surface water, plus $1,500 if the area dredged or
1616 filled is greater than one-quarter acre but less than or equal
1617 to one-half acre, and plus $1,500 if the area dredged or filled
1618 is greater than one-half acre but less than or equal to one
1619 acre. The administrative penalty schedule does not apply to a
1620 dredge and fill violation if the area dredged or filled exceeds
1621 one acre. The department retains the authority to seek the
1622 judicial imposition of civil penalties for all dredge and fill
1623 violations involving more than one acre. The department shall
1624 assess a penalty of $4,500 for the failure to complete required
1625 mitigation, failure to record a required conservation easement,
1626 or for a water quality violation resulting from dredging or
1627 filling activities, stormwater construction activities or
1628 failure of a stormwater treatment facility. For stormwater
1629 management systems serving less than 5 acres, the department
1630 shall assess a penalty of $3,000 for the failure to properly or
1631 timely construct a stormwater management system. In addition to
1632 the penalties authorized in this subsection, the department
1633 shall assess a penalty of $7,500 per violation against the
1634 contractor or agent of the owner or tenant that conducts
1635 unpermitted or unauthorized dredging or filling. For purposes of
1636 this paragraph, the preparation or signing of a permit
1637 application by a person currently licensed under chapter 471 to
1638 practice as a professional engineer does not make that person an
1639 agent of the owner or tenant.
1640 (d) For mangrove trimming or alteration violations, the
1641 department shall assess a penalty of $7,500 per violation
1642 against the contractor or agent of the owner or tenant that
1643 conducts mangrove trimming or alteration without a permit as
1644 required by s. 403.9328. For purposes of this paragraph, the
1645 preparation or signing of a permit application by a person
1646 currently licensed under chapter 471 to practice as a
1647 professional engineer does not make that person an agent of the
1648 owner or tenant.
1649 (e) For solid waste violations, the department shall assess
1650 a penalty of $3,000 for the unpermitted or unauthorized disposal
1651 or storage of solid waste; plus $1,000 if the solid waste is
1652 Class I or Class III (excluding yard trash) or if the solid
1653 waste is construction and demolition debris in excess of 20
1654 cubic yards, plus $1,500 if the waste is disposed of or stored
1655 in any natural or artificial body of water or within 500 feet of
1656 a potable water well, plus $1,500 if the waste contains PCB at a
1657 concentration of 50 parts per million or greater; untreated
1658 biomedical waste; friable asbestos greater than 1 cubic meter
1659 which is not wetted, bagged, and covered; used oil greater than
1660 25 gallons; or 10 or more lead acid batteries. The department
1661 shall assess a penalty of $4,500 for failure to properly
1662 maintain leachate control; unauthorized burning; failure to have
1663 a trained spotter on duty at the working face when accepting
1664 waste; or failure to provide access control for three
1665 consecutive inspections. The department shall assess a penalty
1666 of $3,000 for failure to construct or maintain a required
1667 stormwater management system.
1668 (f) For an air emission violation, the department shall
1669 assess a penalty of $1,500 for an unpermitted or unauthorized
1670 air emission or an air-emission-permit exceedance, plus $4,500
1671 if the emission was from a major source and the source was major
1672 for the pollutant in violation; plus $1,500 if the emission was
1673 more than 150 percent of the allowable level.
1674 (g) For storage tank system and petroleum contamination
1675 violations, the department shall assess a penalty of $7,500 for
1676 failure to empty a damaged storage system as necessary to ensure
1677 that a release does not occur until repairs to the storage
1678 system are completed; when a release has occurred from that
1679 storage tank system; for failure to timely recover free product;
1680 or for failure to conduct remediation or monitoring activities
1681 until a no-further-action or site-rehabilitation completion
1682 order has been issued. The department shall assess a penalty of
1683 $4,500 for failure to timely upgrade a storage tank system. The
1684 department shall assess a penalty of $3,000 for failure to
1685 conduct or maintain required release detection; failure to
1686 timely investigate a suspected release from a storage system;
1687 depositing motor fuel into an unregistered storage tank system;
1688 failure to timely assess or remediate petroleum contamination;
1689 or failure to properly install a storage tank system. The
1690 department shall assess a penalty of $1,500 for failure to
1691 properly operate, maintain, or close a storage tank system.
1692 (4) In an administrative proceeding, in addition to the
1693 penalties that may be assessed under subsection (3), the
1694 department shall assess administrative penalties according to
1695 the following schedule:
1696 (a) For failure to satisfy financial responsibility
1697 requirements or for violation of s. 377.371(1), $7,500.
1698 (b) For failure to install, maintain, or use a required
1699 pollution control system or device, $6,000.
1700 (c) For failure to obtain a required permit before
1701 construction or modification, $4,500.
1702 (d) For failure to conduct required monitoring or testing;
1703 failure to conduct required release detection; or failure to
1704 construct in compliance with a permit, $3,000.
1705 (e) For failure to maintain required staff to respond to
1706 emergencies; failure to conduct required training; failure to
1707 prepare, maintain, or update required contingency plans; failure
1708 to adequately respond to emergencies to bring an emergency
1709 situation under control; or failure to submit required
1710 notification to the department, $1,500.
1711 (f) Except as provided in subsection (2) with respect to
1712 public water systems serving a population of more than 10,000,
1713 for failure to prepare, submit, maintain, or use required
1714 reports or other required documentation, $750.
1715 (5) Except as provided in subsection (2) with respect to
1716 public water systems serving a population of more than 10,000,
1717 for failure to comply with any other departmental regulatory
1718 statute or rule requirement not otherwise identified in this
1719 section, the department may assess a penalty of $1,000.
1720 (6) For each additional day during which a violation
1721 occurs, the administrative penalties in subsections (3)-(5) may
1722 be assessed per day per violation.
1723 (7) The history of noncompliance of the violator for any
1724 previous violation resulting in an executed consent order, but
1725 not including a consent order entered into without a finding of
1726 violation, or resulting in a final order or judgment after the
1727 effective date of this law involving the imposition of $3,000 or
1728 more in penalties shall be taken into consideration in the
1729 following manner:
1730 (a) One previous such violation within 5 years before the
1731 filing of the notice of violation will result in a 25-percent
1732 per day increase in the scheduled administrative penalty.
1733 (b) Two previous such violations within 5 years before the
1734 filing of the notice of violation will result in a 50-percent
1735 per day increase in the scheduled administrative penalty.
1736 (c) Three or more previous such violations within 5 years
1737 before the filing of the notice of violation will result in a
1738 100-percent per day increase in the scheduled administrative
1739 penalty.
1740 (8) The direct economic benefit gained by the violator from
1741 the violation, where consideration of economic benefit is
1742 provided by Florida law or required by federal law as part of a
1743 federally delegated or approved program, must be added to the
1744 scheduled administrative penalty. The total administrative
1745 penalty, including any economic benefit added to the scheduled
1746 administrative penalty, may not exceed $15,000.
1747 (9) The administrative penalties assessed for any
1748 particular violation may not exceed $10,000 against any one
1749 violator, unless the violator has a history of noncompliance,
1750 the economic benefit of the violation as described in subsection
1751 (8) exceeds $10,000, or there are multiday violations. The total
1752 administrative penalties may not exceed $50,000 per assessment
1753 for all violations attributable to a specific person in the
1754 notice of violation.
1755 (10) The administrative law judge may receive evidence in
1756 mitigation. The penalties identified in subsections (3)-(5) may
1757 be reduced up to 50 percent by the administrative law judge for
1758 mitigating circumstances, including good faith efforts to comply
1759 before or after discovery of the violations by the department.
1760 Upon an affirmative finding that the violation was caused by
1761 circumstances beyond the reasonable control of the respondent
1762 and could not have been prevented by respondent’s due diligence,
1763 the administrative law judge may further reduce the penalty.
1764 (11) Penalties collected pursuant to this section must
1765 shall be deposited into the Water Quality Assurance Trust Fund
1766 or other trust fund designated by statute and shall be used to
1767 fund the restoration of ecosystems, or polluted areas of the
1768 state, as defined by the department, to their condition before
1769 pollution occurred. The Florida Conflict Resolution Consortium
1770 may use a portion of the fund to administer the mediation
1771 process provided in paragraph (2)(e) and to contract with
1772 private mediators for administrative penalty cases.
1773 (12) The purpose of the administrative penalty schedule and
1774 process is to provide a more predictable and efficient manner
1775 for individuals and businesses to resolve relatively minor
1776 environmental disputes. Subsections (3)-(7) may not be construed
1777 as limiting a state court in the assessment of damages. The
1778 administrative penalty schedule does not apply to the judicial
1779 imposition of civil penalties in state court as provided in this
1780 section.
1781 Section 16. Subsection (5) of section 403.9301, Florida
1782 Statutes, is amended to read:
1783 403.9301 Wastewater services projections.—
1784 (5) The Office of Economic and Demographic Research shall
1785 evaluate the compiled documents from the counties for the
1786 purpose of developing a statewide analysis for inclusion in the
1787 assessment due the following January 1, 2023, pursuant to s.
1788 403.928. Beginning July 1, 2024, and by the July 1 following
1789 subsequent publications of the analysis required by this
1790 section, the Office of Economic and Demographic Research shall
1791 provide a publicly accessible data visualization tool on its
1792 website which allows for comparative analyses of key
1793 information.
1794 Section 17. Subsection (5) of section 403.9302, Florida
1795 Statutes, is amended to read:
1796 403.9302 Stormwater management projections.—
1797 (5) The Office of Economic and Demographic Research shall
1798 evaluate the compiled documents from the counties for the
1799 purpose of developing a statewide analysis for inclusion in the
1800 assessment due the following January 1, 2023, pursuant to s.
1801 403.928. Beginning July 1, 2024, and by the July 1 following
1802 subsequent publications of the analysis required by this
1803 section, the Office of Economic and Demographic Research shall
1804 provide a publicly accessible data visualization tool on its
1805 website which allows for comparative analyses of key
1806 information.
1807 Section 18. Subsection (1) of section 403.0671, Florida
1808 Statutes, is amended to read:
1809 403.0671 Basin management action plan wastewater reports.—
1810 (1) By July 1, 2021, the department, in coordination with
1811 the county health departments, wastewater treatment facilities,
1812 and other governmental entities, shall submit a report to the
1813 Governor, the President of the Senate, and the Speaker of the
1814 House of Representatives evaluating the costs of wastewater
1815 projects identified in the basin management action plans
1816 developed pursuant to ss. 373.807 and 403.067(7) and the onsite
1817 sewage treatment and disposal system remediation plans and other
1818 restoration plans developed to meet the total maximum daily
1819 loads required under s. 403.067. The report must include all of
1820 the following:
1821 (a) Projects to:
1822 1. Replace onsite sewage treatment and disposal systems
1823 with enhanced nutrient-reducing onsite sewage treatment and
1824 disposal systems.
1825 2. Install or retrofit onsite sewage treatment and disposal
1826 systems with enhanced nutrient-reducing technologies.
1827 3. Construct, upgrade, or expand domestic wastewater
1828 treatment facilities to meet the domestic wastewater treatment
1829 plan required under s. 403.067(7)(a)9.
1830 4. Connect onsite sewage treatment and disposal systems to
1831 domestic wastewater treatment facilities.;
1832 (b) The estimated costs, nutrient load reduction estimates,
1833 and other benefits of each project.;
1834 (c) The estimated implementation timeline for each
1835 project.;
1836 (d) A proposed 5-year funding plan for each project and the
1837 source and amount of financial assistance the department, a
1838 water management district, or other project partner will make
1839 available to fund the project.; and
1840 (e) The projected costs of installing enhanced nutrient
1841 reducing onsite sewage treatment and disposal systems on
1842 buildable lots in priority focus areas to comply with s.
1843 373.811.
1844 Section 19. For the purpose of incorporating the amendment
1845 made by this act to section 253.04, Florida Statutes, in a
1846 reference thereto, paragraph (x) of subsection (1) of section
1847 327.73, Florida Statutes, is reenacted to read:
1848 327.73 Noncriminal infractions.—
1849 (1) Violations of the following provisions of the vessel
1850 laws of this state are noncriminal infractions:
1851 (x) Section 253.04(3)(a), relating to carelessly causing
1852 seagrass scarring, for which the civil penalty upon conviction
1853 is:
1854 1. For a first offense, $100.
1855 2. For a second offense occurring within 12 months after a
1856 prior conviction, $250.
1857 3. For a third offense occurring within 36 months after a
1858 prior conviction, $500.
1859 4. For a fourth or subsequent offense occurring within 72
1860 months after a prior conviction, $1,000.
1861
1862 Any person cited for a violation of this subsection shall be
1863 deemed to be charged with a noncriminal infraction, shall be
1864 cited for such an infraction, and shall be cited to appear
1865 before the county court. The civil penalty for any such
1866 infraction is $100, except as otherwise provided in this
1867 section. Any person who fails to appear or otherwise properly
1868 respond to a uniform boating citation, in addition to the charge
1869 relating to the violation of the boating laws of this state,
1870 must be charged with the offense of failing to respond to such
1871 citation and, upon conviction, be guilty of a misdemeanor of the
1872 second degree, punishable as provided in s. 775.082 or s.
1873 775.083. A written warning to this effect shall be provided at
1874 the time such uniform boating citation is issued.
1875 Section 20. For the purpose of incorporating the amendment
1876 made by this act to section 381.0061, Florida Statutes, in
1877 references thereto, paragraph (a) of subsection (4) and
1878 paragraph (a) of subsection (6) of section 381.0072, Florida
1879 Statutes, are reenacted to read:
1880 381.0072 Food service protection.—
1881 (4) LICENSES REQUIRED.—
1882 (a) Licenses; annual renewals.—Each food service
1883 establishment regulated under this section shall obtain a
1884 license from the department annually. Food service establishment
1885 licenses shall expire annually and are not transferable from one
1886 place or individual to another. However, those facilities
1887 licensed by the department’s Office of Licensure and
1888 Certification, the Child Care Services Program Office, or the
1889 Agency for Persons with Disabilities are exempt from this
1890 subsection. It shall be a misdemeanor of the second degree,
1891 punishable as provided in s. 381.0061, s. 775.082, or s.
1892 775.083, for such an establishment to operate without this
1893 license. The department may refuse a license, or a renewal
1894 thereof, to any establishment that is not constructed or
1895 maintained in accordance with law and with the rules of the
1896 department. Annual application for renewal is not required.
1897 (6) FINES; SUSPENSION OR REVOCATION OF LICENSES;
1898 PROCEDURE.—
1899 (a) The department may impose fines against the
1900 establishment or operator regulated under this section for
1901 violations of sanitary standards, in accordance with s.
1902 381.0061. All amounts collected shall be deposited to the credit
1903 of the County Health Department Trust Fund administered by the
1904 department.
1905 Section 21. For the purpose of incorporating the amendment
1906 made by this act to section 381.0061, Florida Statutes, in a
1907 reference thereto, subsection (4) of section 381.0086, Florida
1908 Statutes, is reenacted to read:
1909 381.0086 Rules; variances; penalties.—
1910 (4) A person who violates any provision of ss. 381.008
1911 381.00895 or rules adopted under such sections is subject either
1912 to the penalties provided in ss. 381.0012 and 381.0061 or to the
1913 penalties provided in s. 381.0087.
1914 Section 22. For the purpose of incorporating the amendment
1915 made by this act to section 381.0061, Florida Statutes, in a
1916 reference thereto, subsection (7) of section 381.0098, Florida
1917 Statutes, is reenacted to read:
1918 381.0098 Biomedical waste.—
1919 (7) ENFORCEMENT AND PENALTIES.—Any person or public body in
1920 violation of this section or rules adopted under this section is
1921 subject to penalties provided in ss. 381.0012 and 381.0061.
1922 However, an administrative fine not to exceed $2,500 may be
1923 imposed for each day such person or public body is in violation
1924 of this section. The department may deny, suspend, or revoke any
1925 biomedical waste permit or registration if the permittee
1926 violates this section, any rule adopted under this section, or
1927 any lawful order of the department.
1928 Section 23. For the purpose of incorporating the amendment
1929 made by this act to section 381.0061, Florida Statutes, in a
1930 reference thereto, subsection (2) of section 513.10, Florida
1931 Statutes, is reenacted to read:
1932 513.10 Operating without permit; enforcement of chapter;
1933 penalties.—
1934 (2) This chapter or rules adopted under this chapter may be
1935 enforced in the manner provided in s. 381.0012 and as provided
1936 in this chapter. Violations of this chapter and the rules
1937 adopted under this chapter are subject to the penalties provided
1938 in this chapter and in s. 381.0061.
1939 Section 24. This act shall take effect July 1, 2024.
