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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to the Department of Environmental 2
Protection; amending s. 20.255, F.S.; removing 3
provisions creating the Environmental Regulation 4
Commission; amending s. 163.3205, F.S.; requiring 5
certain solar facility permit applicants to 6
incorporate certain protections in the development and 7
implementation of erosion and sediment control plans 8
for the construction of such facilities; specifying 9
requirements for such plans; providing requirements 10
for certain operational phase stormwater management 11
systems; requiring solar facility operators to 12
implement specified construction and operational 13
permit requirements; amending s. 255.065, F.S.; 14
revising the definition of the term "qualifying 15
project"; amending s. 373.469, F.S.; specifying that 16
commercial and residential properties of a specified 17
size with existing onsite sewage treatment and 18
disposal systems, and located in a certain area, must 19
connect to a central sewer or upgrade to a specified 20
type of nutrient-reducing wastewater treatment system; 21
requiring a permitting agency to notify a property 22
owner of such requirement if the agency, before a 23
certain date, receives an application to repair, 24
modify, or replace a conventional onsite sewage 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
treatment and disposal system on certain property; 26
creating s. 380.0934, F.S.; providing definitions; 27
authorizing the department to take certain actions to 28
encourage private sector investment in coastal 29
resiliency projects; requiring the department to 30
publish certain information on its website; amending 31
s. 403.0872, F.S.; revising the date by which certain 32
major permitted sources of air pollution must pay an 33
annual operation license fee; authorizing the 34
department to impose penalties; removing provisions 35
relating to certain administrative costs; repealing s. 36
403.804, F.S., relating to the powers and duties of 37
the Environmental Regulation Commission; amending ss. 38
120.81, 373.421, 376.302, 403.031, 403.061, 403.067, 39
403.1838, 403.704, 403.707, 403.7222, 403.7234, 40
403.803, 403.805, 403.8055, and 403.814, F.S.; 41
conforming provisions to changes made by the act; 42
reenacting s. 373.4595, F.S., relating to the Northern 43
Everglades and Estuaries Protection Program, to 44
incorporate the amendment made to s. 403.067, F.S., in 45
a reference thereto; reenacting s. 403.0873, F.S., 46
relating to the Florida Air-Operation License Fee 47
Account, to incorporate the amendment made to s. 48
403.1838, F.S., in a reference thereto; reenacting s. 49
403.1835(3)(d), F.S., relating to water pollution 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
control financial assistance, to incorporate the 51
amendment made to s. 403.1838, F.S., in a reference 52
thereto; ratifying specified rules relating to the 53
Lower Santa Fe and Ichetucknee Rivers and Priority 54
Springs minimum flows and recovery strategy for the 55
sole and exclusive purpose of satisfying any condition 56
on effectiveness pursuant to s. 120.541(3), F.S., 57
which requires ratification of any rule exceeding the 58
specified thresholds for likely adverse impact or 59
increase in regulatory costs; providing construction; 60
providing an effective date. 61
62
Be It Enacted by the Legislature of the State of Florida: 63
64
Section 1. Subsection (6) of section 20.255, Florida 65
Statutes, is amended to read: 66
20.255 Department of Environmental Protection.—There is 67
created a Department of Environmental Protection. 68
(6) There is created as a part of the Department of 69
Environmental Protection an Environmental Regulation Commission. 70
The commission shall be composed of seven residents of this 71
state appointed by the Governor, subject to confirmation by the 72
Senate. In making appointments, the Governor shall provide 73
reasonable representation from all sections of the state. 74
Membership shall be representative of agriculture, the 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development industry, local government, the environmental 76
community, lay citizens, and members of the scientific and 77
technical community who have substantial expertise in the areas 78
of the fate and transport of water pollutants, toxicology, 79
epidemiology, geology, biology, environmental sciences, or 80
engineering. The Governor shall appoint the chair, and the vice 81
chair shall be elected from among the membership. All 82
appointments shall be for 4-year terms. The Governor may at any 83
time fill a vacancy for the unexpired term. The members of the 84
commission shall serve without compensation, but shall be paid 85
travel and per diem as provided in s. 112.061 while in the 86
performance of their official duties. Administrative, personnel, 87
and other support services necessary for the commission shall be 88
furnished by the department. The commission may employ 89
independent counsel and contract for the services of outside 90
technical consultants. 91
Section 2. Subsection (5) of section 163.3205, Florida 92
Statutes, is renumbered as subsection (6), and a new subsection 93
(5) is added to that section, to read: 94
163.3205 Solar facility approval process; construction 95
requirements.— 96
(5) CONSTRUCTION BEST MANAGEMENT PRACTICES.— 97
(a)1. An applicant for permits required under s. 373.413 98
shall incorporate site-specific and appropriate additional 99
protections in the development and implementation of an erosion 100
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and sediment control plan for the construction of a solar 101
facility. Such plans must include, but are not limited to, all 102
of the following: 103
a. Soil percolation testing on the premises of a proposed 104
solar facility. 105
b. Implementation of stormwater best management practices 106
and related erosion controls for runoff during the construction 107
of a solar facility that are based on rainfall amounts up to the 108
100-year, 24-hour design storm for the project site. 109
c. Clearing and stabilization in phases as needed to 110
reduce disturbed portions of the project site which may be 111
susceptible to erosion during construction. 112
2. Inspections must be performed by a certified Florida 113
Stormwater, Erosion, and Sedimentation Control Inspector during 114
construction to ensure the plan is being implemented in 115
accordance with the permitting requirements under s. 373.413. 116
(b) Within the jurisdictional boundary of the Northwest 117
Florida Water Management District, an operational phase 118
stormwater management system permitted under part IV of chapter 119
373 that serves a solar facility must be designed based on the 120
100-year, 24-hour design storm for the project site. This 121
paragraph applies to applications for new solar facilities filed 122
after July 1, 2026. 123
(c) The operator of a solar facility or a proposed solar 124
facility shall implement all construction and operational permit 125
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requirements developed and applicable under paragraph (a). 126
Section 3. Paragraph (i) of subsection (1) of section 127
255.065, Florida Statutes, is amended to read: 128
255.065 Public-private partnerships.— 129
(1) DEFINITIONS.—As used in this section, the term: 130
(i) "Qualifying project" means: 131
1. A facility or project that serves a public purpose, 132
including, but not limited to, any ferry or mass transit 133
facility, vehicle parking facility, airport or seaport facility, 134
rail facility or project, fuel supply facility, oil or gas 135
pipeline, medical or nursing care facility, recreational 136
facility, sporting or cultural facility, or educational facility 137
or other building or facility that is used or will be used by a 138
public educational institution, or any other public facility or 139
infrastructure that is used or will be used by the public at 140
large or in support of an accepted public purpose or activity; 141
2. An improvement, including equipment, of a building that 142
will be principally used by a public entity or the public at 143
large or that supports a service delivery system in the public 144
sector; 145
3. A water, wastewater, or surface water management 146
facility or other related infrastructure; or 147
4. A coastal resiliency project as defined in s. 148
380.0934(1); or 149
5.4. Notwithstanding any provision of this section, for 150
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projects that involve a facility owned or operated by the 151
governing board of a county, district, or municipal hospital or 152
health care system, or projects that involve a facility owned or 153
operated by a municipal electric utility, only those projects 154
that the governing board designates as qualifying projects 155
pursuant to this section. 156
Section 4. Paragraph (d) of subsection (3) of section 157
373.469, Florida Statutes, is amended to read: 158
373.469 Indian River Lagoon Protection Program.— 159
(3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian 160
River Lagoon Protection Program consists of the Banana River 161
Lagoon Basin Management Action Plan, Central Indian River Lagoon 162
Basin Management Action Plan, North Indian River Lagoon Basin 163
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 164
Plan, and such plans are the components of the Indian River 165
Lagoon Protection Program which achieve phosphorous and nitrogen 166
load reductions for the Indian River Lagoon. 167
(d) Onsite sewage treatment and disposal systems.— 168
1. Beginning on January 1, 2024, unless previously 169
permitted, the installation of new onsite sewage treatment and 170
disposal systems is prohibited within the Banana River Lagoon 171
Basin Management Action Plan, Central Indian River Lagoon Basin 172
Management Action Plan, North Indian River Lagoon Basin 173
Management Action Plan, and Mosquito Lagoon Reasonable Assurance 174
Plan areas where a publicly owned or investor-owned sewerage 175
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system is available as defined in s. 381.0065(2)(a). Where 176
central sewerage is not available, only enhanced nutrient-177
reducing onsite sewage treatment and disposal systems or other 178
wastewater treatment systems that achieve at least 65 percent 179
nitrogen reduction are authorized. 180
2. By July 1, 2030, any commercial property or any 181
residential property of 10 acres or less with an existing onsite 182
sewage treatment and disposal system located within the Banana 183
River Lagoon Basin Management Action Plan, Central Indian River 184
Lagoon Basin Management Action Plan, North Indian River Lagoon 185
Basin Management Action Plan, and Mosquito Lagoon Reasonable 186
Assurance Plan areas must connect to central sewer if available 187
or upgrade to an enhanced nutrient-reducing onsite sewage 188
treatment and disposal system or other wastewater treatment 189
system that achieves at least 65 percent nitrogen reduction. For 190
all applications submitted before July 1, 2030, to a permitting 191
agency to repair, modify, or replace a conventional onsite 192
sewage treatment and disposal system on a commercial property or 193
a residential property of 10 acres or less, the permitting 194
agency shall notify the property owner of the requirement 195
provided in this subparagraph. 196
Section 5. Section 380.0934, Florida Statutes, is created 197
to read: 198
380.0934 Public-private partnerships for coastal 199
resiliency projects.— 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) As used in this section, the term: 201
(a) "Coastal resiliency project" means: 202
1. Planning, contracting, and executing a project to 203
address flooding and sea level rise in a coastal or inland 204
community in this state under s. 380.093(5); 205
2. Public infrastructure repair and upgrades to seawalls 206
and stormwater drainage; and 207
3. Resiliency measures designed to withstand extreme 208
weather, mitigate flooding, and prevent coastal erosion, 209
including: 210
a. Acquisition of at-risk coastal and flood-prone 211
properties; 212
b. Acquisition of properties in areas at high risk of 213
flooding; 214
c. Infrastructure hardening and development of natural 215
barriers; 216
d. Construction of large-scale seawalls, levees, and 217
elevated flood barriers; or 218
e. Expansion and restoration of natural protective 219
systems. 220
(b) "Department" means the Department of Environmental 221
Protection. 222
(c) "Public-private partnership" means a coastal 223
resiliency project entered into by a local government under s. 224
255.065. 225
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(2) To encourage investment from the private sector in 226
coastal resiliency projects, the department may: 227
(a) Enter into long-term revenue-sharing agreements. 228
(b) Provide expedited permitting for construction. 229
(c) Seek comments from local governments and the public 230
during project planning and execution and incorporate actions 231
responsive to such comments into the project. 232
(d) Engage in-state vocational schools and apprenticeship 233
programs to train workers in specialized resiliency 234
construction. 235
(3) The department shall publish on its website biennial 236
progress reports for each coastal resiliency project funded 237
through a public-private partnership, including project 238
milestones, expenditures, and public benefits. The department 239
shall also create and maintain on its website an online 240
dashboard for real-time updates on project execution. 241
Section 6. Subsection (11) of section 403.0872, Florida 242
Statutes, is amended to read: 243
403.0872 Operation permits for major sources of air 244
pollution; annual operation license fee.—Provided that program 245
approval pursuant to 42 U.S.C. s. 7661a has been received from 246
the United States Environmental Protection Agency, beginning 247
January 2, 1995, each major source of air pollution, including 248
electrical power plants certified under s. 403.511, must obtain 249
from the department an operation permit for a major source of 250
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air pollution under this section. This operation permit is the 251
only department operation permit for a major source of air 252
pollution required for such source; provided, at the applicant's 253
request, the department shall issue a separate acid rain permit 254
for a major source of air pollution that is an affected source 255
within the meaning of 42 U.S.C. s. 7651a(1). Operation permits 256
for major sources of air pollution, except general permits 257
issued pursuant to s. 403.814, must be issued in accordance with 258
the procedures contained in this section and in accordance with 259
chapter 120; however, to the extent that chapter 120 is 260
inconsistent with this section, the procedures contained in this 261
section prevail. 262
(11) Each major source of air pollution permitted to 263
operate in this state must pay by June 30 between January 15 and 264
April 1 of each year, upon written notice from the department, 265
an annual operation license fee in an amount determined by 266
department rule. The annual operation license fee shall be 267
terminated immediately in the event the United States 268
Environmental Protection Agency imposes annual fees solely to 269
implement and administer the major source air-operation permit 270
program in Florida under 40 C.F.R. s. 70.10(d). 271
(a) The annual fee must be assessed based upon the 272
source's previous year's emissions and must be calculated by 273
multiplying the applicable annual operation license fee factor 274
times the tons of each regulated air pollutant actually emitted, 275
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as calculated in accordance with the department's emissions 276
computation and reporting rules. The annual fee shall only apply 277
to those regulated pollutants, except carbon monoxide and 278
greenhouse gases, for which an allowable numeric emission 279
limiting standard is specified in the source's most recent 280
construction or operation permit; provided, however, that: 281
1. The license fee factor is $25 or another amount 282
determined by department rule which ensures that the revenue 283
provided by each year's operation license fees is sufficient to 284
cover all reasonable direct and indirect costs of the major 285
stationary source air-operation permit program established by 286
this section. The license fee factor may be increased beyond $25 287
only if the secretary of the department affirmatively finds that 288
a shortage of revenue for support of the major stationary source 289
air-operation permit program will occur in the absence of a fee 290
factor adjustment. The annual license fee factor may never 291
exceed $35. 292
2. The amount of each regulated air pollutant in excess of 293
4,000 tons per year emitted by any source, or group of sources 294
belonging to the same Major Group as described in the Standard 295
Industrial Classification Manual, 1987, may not be included in 296
the calculation of the fee. Any source, or group of sources, 297
which does not emit any regulated air pollutant in excess of 298
4,000 tons per year, is allowed a one-time credit not to exceed 299
25 percent of the first annual licensing fee for the prorated 300
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portion of existing air-operation permit application fees 301
remaining upon commencement of the annual licensing fees. 302
3. If the department has not received the fee by March 1 303
of the calendar year, the permittee must be sent a written 304
warning of the consequences for failing to pay the fee by April 305
1. If the fee is not postmarked by June 30 April 1 of the 306
calendar year, the department shall impose, in addition to the 307
fee, a penalty of 50 percent of the amount of the fee, plus 308
interest on such amount computed in accordance with s. 220.807. 309
The department may not impose such penalty or interest on any 310
amount underpaid, provided that the permittee has timely 311
remitted payment of at least 90 percent of the amount determined 312
to be due and remits full payment within 60 days after receipt 313
of notice of the amount underpaid. The department may waive the 314
collection of underpayment and may not be required to refund 315
overpayment of the fee, if the amount due is less than 1 percent 316
of the fee, up to $50. The department may revoke any major air 317
pollution source operation permit if it finds that the 318
permitholder has failed to timely pay any required annual 319
operation license fee, penalty, or interest. 320
4. Notwithstanding the computational provisions of this 321
subsection, the annual operation license fee for any source 322
subject to this section may not be less than $250, except that 323
the annual operation license fee for sources permitted solely 324
through general permits issued under s. 403.814 may not exceed 325
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$50 per year. 326
5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes 327
air pollution construction permit fees, the department may not 328
require such fees for changes or additions to a major source of 329
air pollution permitted pursuant to this section, unless the 330
activity triggers permitting requirements under Title I, Part C 331
or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-332
7514a. Costs to issue and administer such permits shall be 333
considered direct and indirect costs of the major stationary 334
source air-operation permit program under s. 403.0873. The 335
department shall, however, require fees pursuant to s. 336
403.087(7)(a)5.a. for the construction of a new major source of 337
air pollution that will be subject to the permitting 338
requirements of this section once constructed and for activities 339
triggering permitting requirements under Title I, Part C or Part 340
D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a. 341
(b) Annual operation license fees collected by the 342
department must be sufficient to cover all reasonable direct and 343
indirect costs required to develop and administer the major 344
stationary source air-operation permit program, which shall 345
consist of the following elements to the extent that they are 346
reasonably related to the regulation of major stationary air 347
pollution sources, in accordance with United States 348
Environmental Protection Agency regulations and guidelines: 349
1. Reviewing and acting upon any application for such a 350
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permit. 351
2. Implementing and enforcing the terms and conditions of 352
any such permit, excluding court costs or other costs associated 353
with any enforcement action. 354
3. Emissions and ambient monitoring. 355
4. Preparing generally applicable regulations or guidance. 356
5. Modeling, analyses, and demonstrations. 357
6. Preparing inventories and tracking emissions. 358
7. Implementing the Small Business Stationary Source 359
Technical and Environmental Compliance Assistance Program. 360
8. Any audits conducted under paragraph (c). 361
(c) An audit of the major stationary source air-operation 362
permit program must be conducted 2 years after the United States 363
Environmental Protection Agency has given full approval of the 364
program to ascertain whether the annual operation license fees 365
collected by the department are used solely to support any 366
reasonable direct and indirect costs as listed in paragraph (b). 367
A program audit must be performed biennially after the first 368
audit. 369
Section 7. Section 403.804, Florida Statutes, is repealed. 370
Section 8. Subsection (6) of section 120.81, Florida 371
Statutes, is amended to read: 372
120.81 Exceptions and special requirements; general 373
areas.— 374
(6) RISK IMPACT STATEMENT.—The Department of Environmental 375
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Protection shall prepare a risk impact statement for any rule 376
that is proposed for adoption which approval by the 377
Environmental Regulation Commission and that establishes or 378
changes standards or criteria based on impacts to or effects 379
upon human health. The Department of Agriculture and Consumer 380
Services shall prepare a risk impact statement for any rule that 381
is proposed for adoption that establishes standards or criteria 382
based on impacts to or effects upon human health. 383
(a) This subsection does not apply to rules adopted 384
pursuant to federally delegated or mandated programs where such 385
rules are identical or substantially identical to the federal 386
regulations or laws being adopted or implemented by the 387
Department of Environmental Protection or Department of 388
Agriculture and Consumer Services, as applicable. However, the 389
Department of Environmental Protection and the Department of 390
Agriculture and Consumer Services shall identify any risk 391
analysis information available to them from the Federal 392
Government that has formed the basis of such a rule. 393
(b) This subsection does not apply to emergency rules 394
adopted pursuant to this chapter. 395
(c) The Department of Environmental Protection and the 396
Department of Agriculture and Consumer Services shall prepare 397
and publish notice of the availability of a clear and concise 398
risk impact statement for all applicable rules. The risk impact 399
statement must explain the risk to the public health addressed 400
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by the rule and shall identify and summarize the source of the 401
scientific information used in evaluating that risk. 402
(d) Nothing in This subsection does not shall be construed 403
to create a new cause of action or basis for challenging a rule 404
nor diminish any existing cause of action or basis for 405
challenging a rule. 406
Section 9. Subsection (1) of section 373.421, Florida 407
Statutes, is amended, and paragraph (b) of subsection (7) of 408
that section is reenacted, to read: 409
373.421 Delineation methods; formal determinations.— 410
(1) The department's Environmental Regulation Commission 411
shall adopt a unified statewide methodology for the delineation 412
of the extent of wetlands as defined in s. 373.019(27). This 413
methodology shall consider regional differences in the types of 414
soils and vegetation that may serve as indicators of the extent 415
of wetlands. This methodology shall also include provisions for 416
determining the extent of surface waters other than wetlands for 417
the purposes of regulation under s. 373.414. This methodology 418
shall not become effective until ratified by the Legislature. 419
Subsequent to legislative ratification, the wetland definition 420
in s. 373.019(27) and the adopted wetland methodology shall be 421
binding on the department, the water management districts, local 422
governments, and any other governmental entities. Upon 423
ratification of such wetland methodology, the Legislature 424
preempts the authority of any water management district, state 425
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or regional agency, or local government to define wetlands or 426
develop a delineation methodology to implement the definition 427
and determines that the exclusive definition and delineation 428
methodology for wetlands shall be that established pursuant to 429
s. 373.019(27) and this section. Upon such legislative 430
ratification, any existing wetlands definition or wetland 431
delineation methodology shall be superseded by the wetland 432
definition and delineation methodology established pursuant to 433
this chapter. Subsequent to legislative ratification, a 434
delineation of the extent of a surface water or wetland by the 435
department or a water management district, pursuant to a formal 436
determination under subsection (2), or pursuant to a permit 437
issued under this part in which the delineation was field-438
verified by the permitting agency and specifically approved in 439
the permit, shall be binding on all other governmental entities 440
for the duration of the formal determination or permit. All 441
existing rules and methodologies of the department, the water 442
management districts, and local governments, regarding surface 443
water or wetland definition and delineation shall remain in full 444
force and effect until the common methodology rule becomes 445
effective. However, this shall not be construed to limit any 446
power of the department, the water management districts, and 447
local governments to amend or adopt a surface water or wetland 448
definition or delineation methodology until the common 449
methodology rule becomes effective. 450
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(7) 451
(b) Wetlands contiguous to surface waters of the state as 452
defined in s. 403.031(13), Florida Statutes (1991), shall be 453
delineated pursuant to the department's rules as such rules 454
existed prior to January 24, 1984, while wetlands not contiguous 455
to surface waters of the state as defined in s. 403.031(13), 456
Florida Statutes (1991), shall be delineated pursuant to the 457
applicable methodology ratified by s. 373.4211 for any 458
development which obtains an individual permit from the United 459
States Army Corps of Engineers under 33 U.S.C. s. 1344: 460
1. Where a jurisdictional determination validated by the 461
department pursuant to rule 17-301.400(8), Florida 462
Administrative Code, as it existed in rule 17-4.022, Florida 463
Administrative Code, on April 1, 1985, is revalidated pursuant 464
to s. 373.414(13) and the affected lands are part of a project 465
for which a vested rights determination has been issued pursuant 466
to s. 380.06, or 467
2. Where the lands affected were grandfathered pursuant to 468
s. 403.913(6), Florida Statutes (1991), and proof of prior 469
notification pursuant to s. 403.913(6), Florida Statutes (1991), 470
is submitted to the department within 180 days of the 471
publication of a notice by the department of the existence of 472
this provision. Failure to timely submit the proof of prior 473
notification to the department serves as a waiver of the 474
benefits conferred by this subsection. 475
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3. This subsection shall not be applicable to lands: 476
a. Within the geographical area to which an individual or 477
general permit issued prior to June 1, 1994, under rules adopted 478
pursuant to this part applies; or 479
b. Within the geographical area to which a conceptual 480
permit issued prior to June 1, 1994, under rules adopted 481
pursuant to this part applies if wetland delineations were 482
identified and approved by the conceptual permit as set forth in 483
s. 373.414(12)(b)1. or 2.; or 484
c. Where no development activity as defined in s. 485
380.01(1) or (2)(a)-(d) and (f) has occurred within the project 486
boundaries since October 1, 1986; or 487
d. Of a project which is not in compliance with this part 488
or the rules adopted pursuant to ss. 403.91-403.929, 1984 489
Supplement to the Florida Statutes 1983, as amended. 490
4. The wetland delineation methodology required in this 491
subsection shall only apply within the geographical area of an 492
individual permit issued by the United States Army Corps of 493
Engineers under 33 U.S.C. s. 1344. The requirement to obtain 494
such individual permit to secure the benefit of this subsection 495
shall not apply to any activities exempt or not subject to 496
regulation under 33 U.S.C. s. 1344. 497
5. Notwithstanding subsection (1), the wetland delineation 498
methodology required in this subsection and any wetland 499
delineation pursuant thereto, shall only apply to agency action 500
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under this part and shall not be binding on local governments 501
except in their implementation of this part. 502
Section 10. Paragraph (a) of subsection (1) of section 503
376.302, Florida Statutes, is amended to read: 504
376.302 Prohibited acts; penalties.— 505
(1) It shall be a violation of this chapter and it shall 506
be prohibited for any reason: 507
(a) To discharge pollutants or hazardous substances into 508
or upon the surface or ground waters of the state or lands, 509
which discharge violates any departmental "standard" as defined 510
in s. 403.803 s. 403.803(13). 511
Section 11. Paragraph (b) of subsection (23) of section 512
403.031, Florida Statutes, is amended to read: 513
403.031 Definitions.—In construing this chapter, or rules 514
and regulations adopted pursuant hereto, the following words, 515
phrases, or terms, unless the context otherwise indicates, have 516
the following meanings: 517
(23) "Waters" include, but are not limited to, rivers, 518
lakes, streams, springs, impoundments, wetlands, and all other 519
waters or bodies of water, including fresh, brackish, saline, 520
tidal, surface, or underground waters. Waters owned entirely by 521
one person other than the state are included only in regard to 522
possible discharge on other property or water. Underground 523
waters include, but are not limited to, all underground waters 524
passing through pores of rock or soils or flowing through in 525
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channels, whether manmade or natural. Solely for purposes of s. 526
403.0885, waters of the state also include navigable waters or 527
waters of the contiguous zone as used in s. 502 of the Clean 528
Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in 529
existence on January 1, 1993, except for those navigable waters 530
seaward of the boundaries of the state set forth in s. 1, Art. 531
II of the State Constitution. Solely for purposes of this 532
chapter, waters of the state also include the area bounded by 533
the following: 534
(b) The area bounded by the line described in paragraph 535
(a) generally includes those waters to be known as waters of the 536
state. The landward extent of these waters shall be determined 537
by the delineation methodology ratified in s. 373.4211. Any 538
waters which are outside the general boundary line described in 539
paragraph (a) but which are contiguous thereto by virtue of the 540
presence of a wetland, watercourse, or other surface water, as 541
determined by the delineation methodology ratified in s. 542
373.4211, shall be a part of this waterbody. Any areas within 543
the line described in paragraph (a) which are neither a wetland 544
nor surface water, as determined by the delineation methodology 545
ratified in s. 373.4211, shall be excluded therefrom. If the 546
Florida Environmental Regulation Commission designates the 547
waters within the boundaries an Outstanding Florida Water, 548
waters outside the boundaries may not be included as part of 549
such designation unless a hearing is held pursuant to notice in 550
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each appropriate county and the boundaries of such lands are 551
specifically considered and described for such designation. 552
Section 12. Subsections (7) and (32) of section 403.061, 553
Florida Statutes, are amended to read: 554
403.061 Department; powers and duties.—The department 555
shall have the power and the duty to control and prohibit 556
pollution of air and water in accordance with the law and rules 557
adopted and promulgated by it and, for this purpose, to: 558
(7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 559
implement this act. Any rule adopted pursuant to this act must 560
be consistent with the provisions of federal law, if any, 561
relating to control of emissions from motor vehicles, effluent 562
limitations, pretreatment requirements, or standards of 563
performance. A county, municipality, or political subdivision 564
may not adopt or enforce any local ordinance, special law, or 565
local regulation requiring the installation of Stage II vapor 566
recovery systems, as currently defined by department rule, 567
unless such county, municipality, or political subdivision is or 568
has been in the past designated by federal regulation as a 569
moderate, serious, or severe ozone nonattainment area. Rules 570
adopted pursuant to this act may not require dischargers of 571
waste into waters of the state to improve natural background 572
conditions. The department shall adopt rules to reasonably 573
limit, reduce, and eliminate domestic wastewater collection and 574
transmission system pipe leakages and inflow and infiltration. 575
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Discharges from steam electric generating plants existing or 576
licensed under this chapter on July 1, 1984, may not be required 577
to be treated to a greater extent than may be necessary to 578
assure that the quality of nonthermal components of discharges 579
from nonrecirculated cooling water systems is as high as the 580
quality of the makeup waters; that the quality of nonthermal 581
components of discharges from recirculated cooling water systems 582
is no lower than is allowed for blowdown from such systems; or 583
that the quality of noncooling system discharges which receive 584
makeup water from a receiving body of water which does not meet 585
applicable department water quality standards is as high as the 586
quality of the receiving body of water. The department may not 587
adopt standards more stringent than federal regulations, except 588
as provided in s. 403.804. 589
(32) Adopt rules necessary to obtain approval from the 590
United States Environmental Protection Agency to administer the 591
Federal National Pollution Discharge Elimination System (NPDES) 592
permitting program in Florida under ss. 318, 402, and 405 of the 593
federal Clean Water Act, Pub. L. No. 92-500, as amended. This 594
authority shall be implemented consistent with the provisions of 595
part II, which shall be applicable to facilities certified 596
thereunder. The department shall establish all rules, standards, 597
and requirements that regulate the discharge of pollutants into 598
waters of the United States as defined by and in a manner 599
consistent with federal regulations; provided, however, that the 600
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department may adopt a standard that is stricter or more 601
stringent than one set by the United States Environmental 602
Protection Agency if approved by the Governor and Cabinet in 603
accordance with the procedures of s. 403.804(2). 604
605
The department shall implement such programs in conjunction with 606
its other powers and duties and shall place special emphasis on 607
reducing and eliminating contamination that presents a threat to 608
humans, animals or plants, or to the environment. 609
Section 13. Paragraph (c) of subsection (6) of section 610
403.067, Florida Statutes, is amended to read: 611
403.067 Establishment and implementation of total maximum 612
daily loads.— 613
(6) CALCULATION AND ALLOCATION.— 614
(c) Adoption of rules. The total maximum daily load 615
calculations and allocations established under this subsection 616
for each water body or water body segment shall be adopted by 617
rule by the secretary pursuant to ss. 120.536(1), 120.54, and 618
403.805. Where additional data collection and analysis are 619
needed to increase the scientific precision and accuracy of the 620
total maximum daily load, the department is authorized to adopt 621
phased total maximum daily loads that are subject to change as 622
additional data becomes available. Where phased total maximum 623
daily loads are proposed, the department shall, in the detailed 624
statement of facts and circumstances justifying the rule, 625
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explain why the data are inadequate so as to justify a phased 626
total maximum daily load. The rules adopted pursuant to this 627
paragraph are not subject to approval by the Environmental 628
Regulation Commission and are not subject to the provisions of 629
s. 120.541(3). As part of the rule development process, the 630
department shall hold at least one public workshop in the 631
vicinity of the water body or water body segment for which the 632
total maximum daily load is being developed. Notice of the 633
public workshop shall be published not less than 5 days nor more 634
than 15 days before the public workshop in a newspaper of 635
general circulation in the county or counties containing the 636
water bodies or water body segments for which the total maximum 637
daily load calculation and allocation are being developed. 638
Section 14. Paragraphs (a) and (b) of subsection (3) of 639
section 403.1838, Florida Statutes, are amended to read: 640
403.1838 Small Community Sewer Construction Assistance 641
Act.— 642
(3)(a) In accordance with rules adopted by the department 643
Environmental Regulation Commission under this section, the 644
department may provide grants, from funds specifically 645
appropriated for this purpose, to financially disadvantaged 646
small communities for up to 100 percent of the costs of 647
planning, designing, constructing, upgrading, or replacing 648
wastewater collection, transmission, treatment, disposal, and 649
reuse facilities, including necessary legal and administrative 650
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expenses. 651
(b) The rules of the department Environmental Regulation 652
Commission must: 653
1. Require that projects to plan, design, construct, 654
upgrade, or replace wastewater collection, transmission, 655
treatment, disposal, and reuse facilities be cost-effective, 656
environmentally sound, permittable, and implementable. 657
2. Require appropriate user charges, connection fees, and 658
other charges sufficient to ensure the long-term operation, 659
maintenance, and replacement of the facilities constructed under 660
each grant. 661
3. Require grant applications to be submitted on 662
appropriate forms with appropriate supporting documentation, and 663
require records to be maintained. 664
4. Establish a system to determine eligibility of grant 665
applications. 666
5. Establish a system to determine the relative priority 667
of grant applications. The system must consider public health 668
protection and water pollution prevention or abatement and must 669
prioritize projects that plan for the installation of wastewater 670
transmission facilities to be constructed concurrently with 671
other construction projects occurring within or along a 672
transportation facility right-of-way. 673
6. Establish requirements for competitive procurement of 674
engineering and construction services, materials, and equipment. 675
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7. Provide for termination of grants when program 676
requirements are not met. 677
Section 15. Subsection (9) of section 403.704, Florida 678
Statutes, is amended to read: 679
403.704 Powers and duties of the department.—The 680
department shall have responsibility for the implementation and 681
enforcement of this act. In addition to other powers and duties, 682
the department shall: 683
(9) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 684
implement and enforce this act, including requirements for the 685
classification, construction, operation, maintenance, and 686
closure of solid waste management facilities and requirements 687
for, and conditions on, solid waste disposal in this state, 688
whether such solid waste is generated within this state or 689
outside this state as long as such requirements and conditions 690
are not based on the out-of-state origin of the waste and are 691
consistent with applicable law. When classifying solid waste 692
management facilities, the department shall consider the 693
hydrogeology of the site for the facility, the types of wastes 694
to be handled by the facility, and methods used to control the 695
types of waste to be handled by the facility and shall seek to 696
minimize the adverse effects of solid waste management on the 697
environment. Whenever the department adopts any rule stricter or 698
more stringent than one that has been set by the United States 699
Environmental Protection Agency, the procedures set forth in s. 700
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403.804(2) shall be followed. The department may shall not, 701
however, adopt hazardous waste rules for solid waste for which 702
special studies were required before prior to October 1, 1988, 703
under s. 8002 of the Resource Conservation and Recovery Act, 42 704
U.S.C. s. 6982, as amended, until the studies are completed by 705
the United States Environmental Protection Agency and the 706
information is available to the department for consideration in 707
adopting its own rule. 708
Section 16. Paragraph (d) of subsection (3) and paragraph 709
(h) of subsection (9) of section 403.707, Florida Statutes, are 710
amended to read: 711
403.707 Permits.— 712
(3) 713
(d) The department may adopt rules to administer this 714
subsection. However, the department is not required to submit 715
such rules to the Environmental Regulation Commission for 716
approval. Notwithstanding the limitations of s. 403.087(7)(a), 717
permit fee caps for solid waste management facilities must shall 718
be prorated to reflect the extended permit term authorized by 719
this subsection. 720
(9) The department shall establish a separate category for 721
solid waste management facilities that accept only construction 722
and demolition debris for disposal or recycling. The department 723
shall establish a reasonable schedule for existing facilities to 724
comply with this section to avoid undue hardship to such 725
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facilities. However, a permitted solid waste disposal unit that 726
receives a significant amount of waste prior to the compliance 727
deadline established in this schedule shall not be required to 728
be retrofitted with liners or leachate control systems. 729
(h) The department shall ensure that the requirements of 730
this section are applied and interpreted consistently throughout 731
this the state. In accordance with s. 20.255, The Division of 732
Waste Management shall direct the district offices and bureaus 733
on matters relating to the interpretation and applicability of 734
this section. 735
Section 17. Subsection (3) of section 403.7222, Florida 736
Statutes, is amended to read: 737
403.7222 Prohibition of hazardous waste landfills.— 738
(3) This section does not prohibit the department from 739
banning the disposal of hazardous waste in other types of waste 740
management units in a manner consistent with federal 741
requirements, except as provided under s. 403.804(2). 742
Section 18. Subsection (4) of section 403.7234, Florida 743
Statutes, is amended to read: 744
403.7234 Small quantity generator notification and 745
verification program.— 746
(4) Within 30 days of receipt of a notification, which 747
includes a survey form, a small quantity generator shall 748
disclose its management practices and the types and quantities 749
of waste to the county government. Annually, each county shall 750
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verify the management practices of at least 20 percent of its 751
small quantity generators. The procedure for verification used 752
by the county must shall be developed as part of the guidance 753
established by the department under s. 403.7226. The department 754
may also regulate the waste management practices of small 755
quantity generators in order to ensure proper management of 756
hazardous waste in a manner consistent with federal 757
requirements, except as provided under s. 403.804(2). 758
Section 19. Section 403.803, Florida Statutes, is amended 759
to read: 760
403.803 Definitions.—When used in this part act, the term, 761
phrase, or word: 762
(1) "Branch office" means a geographical area, the 763
boundaries of which may be established as a part of a district. 764
(2) "Canal" is a manmade trench, the bottom of which is 765
normally covered by water with the upper edges of its sides 766
normally above water. 767
(3) "Channel" is a trench, the bottom of which is normally 768
covered entirely by water, with the upper edges of its sides 769
normally below water. 770
(4) "Commission" means the Environmental Regulation 771
Commission. 772
(4)(5) "Department" means the Department of Environmental 773
Protection. 774
(5)(6) "District" or "environmental district" means one of 775
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the geographical areas, the boundaries of which are established 776
pursuant to this act. 777
(6)(7) "Drainage ditch" or "irrigation ditch" is a manmade 778
trench dug for the purpose of draining water from the land or 779
for transporting water for use on the land and is not built for 780
navigational purposes. 781
(7)(8) "Environmental district center" means the 782
facilities and personnel which are centralized in each district 783
for the purposes of carrying out the provisions of this act. 784
(8)(9) "Headquarters" means the physical location of the 785
offices of the secretary and the division directors of the 786
department. 787
(9)(10) "Insect control impoundment dikes" means 788
artificial structures, including earthen berms, constructed and 789
used to impound waters for the purpose of insect control. 790
(10)(11) "Manager" means the head of an environmental 791
district or branch office who shall supervise all environmental 792
functions of the department within such environmental district 793
or branch office. 794
(11)(12) "Secretary" means the Secretary of Environmental 795
Protection. 796
(12)(13) "Standard" means any rule of the Department of 797
Environmental Protection relating to air and water quality, 798
noise, solid-waste management, and electric and magnetic fields 799
associated with electrical transmission and distribution lines 800
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and substation facilities. The term "standard" does not include 801
rules of the department which relate exclusively to the internal 802
management of the department, the procedural processing of 803
applications, the administration of rulemaking or adjudicatory 804
proceedings, the publication of notices, the conduct of 805
hearings, or other procedural matters. 806
(13)(14) "Swale" means a manmade trench which: 807
(a) Has a top width-to-depth ratio of the cross-section 808
equal to or greater than 6:1, or side slopes equal to or greater 809
than 3 feet horizontal to 1 foot vertical; 810
(b) Contains contiguous areas of standing or flowing water 811
only following a rainfall event; 812
(c) Is planted with or has stabilized vegetation suitable 813
for soil stabilization, stormwater treatment, and nutrient 814
uptake; and 815
(d) Is designed to take into account the soil erodibility, 816
soil percolation, slope, slope length, and drainage area so as 817
to prevent erosion and reduce pollutant concentration of any 818
discharge. 819
Section 20. Subsections (1) and (3) of section 403.805, 820
Florida Statutes, are amended to read: 821
403.805 Secretary; powers and duties; review of specified 822
rules.— 823
(1) The secretary shall have the powers and duties of 824
heads of departments set forth in chapter 20, including the 825
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authority to adopt rules pursuant to ss. 120.536(1) and 120.54 826
to implement this chapter and the provisions of chapters 253, 827
373, and 376 and this chapter. The secretary shall have 828
rulemaking responsibility under chapter 120, but shall submit 829
any proposed rule containing standards to the Environmental 830
Regulation Commission for approval, modification, or disapproval 831
pursuant to s. 403.804, except for total maximum daily load 832
calculations and allocations developed pursuant to s. 833
403.067(6). The secretary shall have responsibility for final 834
agency action regarding total maximum daily load calculations 835
and allocations developed pursuant to s. 403.067(6). The 836
secretary shall employ legal counsel to represent the department 837
in matters affecting the department. Except for appeals on 838
permits specifically assigned by this act to the Governor and 839
Cabinet, and unless otherwise prohibited by law, the secretary 840
may delegate the authority assigned to the department by this 841
act to the assistant secretary, division directors, and district 842
and branch office managers and to the water management 843
districts. 844
(3) After adoption of proposed rule 62-302.531(9), Florida 845
Administrative Code, a nonseverability and effective date 846
provision approved by the commission on December 8, 2011, in 847
accordance with the commission's legislative authority under s. 848
403.804, notice of which was published by the department on 849
December 22, 2011, in the Florida Administrative Register, Vol. 850
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37, No. 51, page 4446, any subsequent rule or amendment altering 851
the effect of such rule must shall be submitted to the President 852
of the Senate and the Speaker of the House of Representatives no 853
later than 30 days before the next regular legislative session, 854
and such amendment may not take effect until it is ratified by 855
the Legislature. 856
Section 21. Section 403.8055, Florida Statutes, is amended 857
to read: 858
403.8055 Department adoption of federal standards.—859
Notwithstanding s. 120.54 ss. 120.54 and 403.804, the secretary 860
is empowered to adopt rules substantively identical to 861
regulations adopted in the Federal Register by the United States 862
Environmental Protection Agency pursuant to federal law, in 863
accordance with the following procedures: 864
(1) The secretary shall publish notice of intent to adopt 865
a rule pursuant to this section in the Florida Administrative 866
Register at least 21 days before prior to filing the rule with 867
the Department of State. The secretary shall mail a copy of the 868
notice of intent to adopt a rule to the Administrative 869
Procedures Committee at least 21 days before prior to the date 870
of filing with the Department of State. Before Prior to filing 871
the rule with the Department of State, the secretary shall 872
consider any written comments received within 21 days after the 873
date of publication of the notice of intent to adopt a rule. The 874
rule must shall be adopted upon filing with the Department of 875
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State. Substantive changes from the rules as noticed shall 876
require republishing of notice as required in this section. 877
(2) Any rule adopted pursuant to this section becomes 878
shall become effective upon the date designated in the rule by 879
the secretary; however, no such a rule may not shall become 880
effective earlier than the effective date of the substantively 881
identical United States Environmental Protection Agency 882
regulation. 883
(3) The secretary shall stay any terms or conditions of a 884
permit implementing department rules adopted pursuant to this 885
section if the substantively identical provisions of a United 886
States Environmental Protection Agency regulation have been 887
stayed under federal judicial review. A stay issued pursuant to 888
this subsection shall terminate upon completion of federal 889
judicial review. 890
(4) Any domestic for-profit or nonprofit corporation or 891
association formed, in whole or in part: 892
(a) To promote conservation or natural beauty; 893
(b) To protect the environment, personal health, or other 894
biological values; 895
(c) To preserve historical sites; 896
(d) To promote consumer interests; 897
(e) To represent labor, commercial, or industrial groups; 898
or 899
(f) To promote orderly development; 900
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901
and any other substantially affected person may, within 14 days 902
after the date of publication of the notice of intent to adopt a 903
rule, file an objection to rulemaking with the department 904
Environmental Regulation Commission. The objection shall specify 905
the portions of the proposed rule to which the person objects 906
and the reasons for the objection. The secretary shall not have 907
the authority under this section to adopt those portions of a 908
proposed rule specified in such objection. Objections which are 909
frivolous shall not be considered sufficient to prohibit the 910
secretary from adopting rules under this section. 911
(5) Whenever all or part of any rule proposed for adoption 912
by the department is substantively identical to a regulation 913
adopted in the Federal Register by the United States 914
Environmental Protection Agency pursuant to federal law, such 915
rule shall be written in a manner so that the rule specifically 916
references such regulation whenever possible. 917
Section 22. Subsection (1) of section 403.814, Florida 918
Statutes, is amended to read: 919
403.814 General permits; delegation.— 920
(1) The secretary is authorized to adopt rules 921
establishing and providing for a program of general permits 922
under this chapter and chapter 253 and this chapter for 923
projects, or categories of projects, which have, either singly 924
or cumulatively, a minimal adverse environmental effect. Such 925
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rules must shall specify design or performance criteria that 926
which, if applied, would result in compliance with appropriate 927
standards adopted by the commission. Except as provided for in 928
subsection (3), any person complying with the requirements of a 929
general permit may use the permit 30 days after giving notice to 930
the department without any agency action by the department. 931
Section 23. For the purpose of incorporating the amendment 932
made by this act to section 403.067, Florida Statutes, in a 933
reference thereto, section 373.4595, Florida Statutes, is 934
reenacted to read: 935
373.4595 Northern Everglades and Estuaries Protection 936
Program.— 937
(1) FINDINGS AND INTENT.— 938
(a) The Legislature finds that the Lake Okeechobee 939
watershed, the Caloosahatchee River watershed, and the St. Lucie 940
River watershed are critical water resources of the state, 941
providing many economic, natural habitat, and biodiversity 942
functions benefiting the public interest, including 943
agricultural, public, and environmental water supply; flood 944
control; fishing; navigation and recreation; and habitat to 945
endangered and threatened species and other flora and fauna. 946
(b) The Legislature finds that changes in land uses, the 947
construction of the Central and Southern Florida Project, and 948
the loss of surface water storage have resulted in adverse 949
changes to the hydrology and water quality of Lake Okeechobee 950
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and the Caloosahatchee and St. Lucie Rivers and their estuaries. 951
(c) The Legislature finds that improvement to the 952
hydrology, water quality, and associated aquatic habitats within 953
the Lake Okeechobee watershed, the Caloosahatchee River 954
watershed, and the St. Lucie River watershed, is essential to 955
the protection of the greater Everglades ecosystem. 956
(d) The Legislature also finds that it is imperative for 957
the state, local governments, and agricultural and environmental 958
communities to commit to restoring and protecting the surface 959
water resources of the Lake Okeechobee watershed, the 960
Caloosahatchee River watershed, and the St. Lucie River 961
watershed, and that a watershed-based approach to address these 962
issues must be developed and implemented immediately. 963
(e) The Legislature finds that phosphorus loads from the 964
Lake Okeechobee watershed have contributed to excessive 965
phosphorus levels throughout the Lake Okeechobee watershed and 966
downstream receiving waters and that a reduction in levels of 967
phosphorus will benefit the ecology of these systems. The 968
excessive levels of phosphorus have also resulted in an 969
accumulation of phosphorus in the sediments of Lake Okeechobee. 970
If not removed, internal phosphorus loads from the sediments are 971
expected to delay responses of the lake to external phosphorus 972
reductions. 973
(f) The Legislature finds that the Lake Okeechobee 974
phosphorus loads set forth in the total maximum daily loads 975
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established in accordance with s. 403.067 represent an 976
appropriate basis for restoration of the Lake Okeechobee 977
watershed. 978
(g) The Legislature finds that, in addition to phosphorus, 979
other pollutants are contributing to water quality problems in 980
the Lake Okeechobee watershed, the Caloosahatchee River 981
watershed, and the St. Lucie River watershed, and that the total 982
maximum daily load requirements of s. 403.067 provide a means of 983
identifying and addressing these problems. 984
(h) The Legislature finds that the expeditious 985
implementation of the Lake Okeechobee Watershed Protection 986
Program, the Caloosahatchee River Watershed Protection Program, 987
and the St. Lucie River Watershed Protection Program is needed 988
to improve the quality, quantity, timing, and distribution of 989
water in the northern Everglades ecosystem and that this 990
section, in conjunction with s. 403.067, including the 991
implementation of the plans developed and approved pursuant to 992
subsections (3) and (4), and any related basin management action 993
plan developed and implemented pursuant to s. 403.067(7)(a), 994
provide a reasonable means of achieving the total maximum daily 995
load requirements and achieving and maintaining compliance with 996
state water quality standards. 997
(i) The Legislature finds that the implementation of the 998
programs contained in this section is for the benefit of the 999
public health, safety, and welfare and is in the public 1000
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interest. 1001
(j) The Legislature finds that sufficient research has 1002
been conducted and sufficient plans developed to immediately 1003
expand and accelerate programs to address the hydrology and 1004
water quality in the Lake Okeechobee watershed, the 1005
Caloosahatchee River watershed, and the St. Lucie River 1006
watershed. 1007
(k) The Legislature finds that a continuing source of 1008
funding is needed to effectively implement the programs 1009
developed and approved under this section which are needed to 1010
address the hydrology and water quality problems within the Lake 1011
Okeechobee watershed, the Caloosahatchee River watershed, and 1012
the St. Lucie River watershed. 1013
(l) It is the intent of the Legislature to protect and 1014
restore surface water resources and achieve and maintain 1015
compliance with water quality standards in the Lake Okeechobee 1016
watershed, the Caloosahatchee River watershed, and the St. Lucie 1017
River watershed, and downstream receiving waters, through the 1018
phased, comprehensive, and innovative protection program set 1019
forth in this section which includes long-term solutions based 1020
upon the total maximum daily loads established in accordance 1021
with s. 403.067. This program shall be watershed-based, shall 1022
provide for consideration of all water quality issues needed to 1023
meet the total maximum daily load, and shall include research 1024
and monitoring, development and implementation of best 1025
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management practices, refinement of existing regulations, and 1026
structural and nonstructural projects, including public works. 1027
(m) It is the intent of the Legislature that this section 1028
be implemented in coordination with the Comprehensive Everglades 1029
Restoration Plan project components and other federal programs 1030
in order to maximize opportunities for the most efficient and 1031
timely expenditures of public funds. 1032
(n) It is the intent of the Legislature that the 1033
coordinating agencies encourage and support the development of 1034
creative public-private partnerships and programs, including 1035
opportunities for water storage and quality improvement on 1036
private lands and water quality credit trading, to facilitate or 1037
further the restoration of the surface water resources of the 1038
Lake Okeechobee watershed, the Caloosahatchee River watershed, 1039
and the St. Lucie River watershed, consistent with s. 403.067. 1040
(2) DEFINITIONS.—As used in this section, the term: 1041
(a) "Best management practice" means a practice or 1042
combination of practices determined by the coordinating 1043
agencies, based on research, field-testing, and expert review, 1044
to be the most effective and practicable on-location means, 1045
including economic and technological considerations, for 1046
improving water quality in agricultural and urban discharges. 1047
Best management practices for agricultural discharges shall 1048
reflect a balance between water quality improvements and 1049
agricultural productivity. 1050
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(b) "Biosolids" means the solid, semisolid, or liquid 1051
residue generated during the treatment of domestic wastewater in 1052
a domestic wastewater treatment facility, formerly known as 1053
"domestic wastewater residuals" or "residuals," and includes 1054
products and treated material from biosolids treatment 1055
facilities and septage management facilities regulated by the 1056
department. The term does not include the treated effluent or 1057
reclaimed water from a domestic wastewater treatment facility, 1058
solids removed from pump stations and lift stations, screenings 1059
and grit removed from the preliminary treatment components of 1060
domestic wastewater treatment facilities, or ash generated 1061
during the incineration of biosolids. 1062
(c) "Caloosahatchee River watershed" means the 1063
Caloosahatchee River, its tributaries, its estuary, and the area 1064
within Charlotte, Glades, Hendry, and Lee Counties from which 1065
surface water flow is directed or drains, naturally or by 1066
constructed works, to the river, its tributaries, or its 1067
estuary. 1068
(d) "Coordinating agencies" means the Department of 1069
Agriculture and Consumer Services, the Department of 1070
Environmental Protection, and the South Florida Water Management 1071
District. 1072
(e) "Corps of Engineers" means the United States Army 1073
Corps of Engineers. 1074
(f) "Department" means the Department of Environmental 1075
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Protection. 1076
(g) "District" means the South Florida Water Management 1077
District. 1078
(h) "Lake Okeechobee Watershed Construction Project" means 1079
the construction project developed pursuant to this section. 1080
(i) "Lake Okeechobee Watershed Protection Plan" means the 1081
Lake Okeechobee Watershed Construction Project and the Lake 1082
Okeechobee Watershed Research and Water Quality Monitoring 1083
Program. 1084
(j) "Lake Okeechobee watershed" means Lake Okeechobee, its 1085
tributaries, and the area within which surface water flow is 1086
directed or drains, naturally or by constructed works, to the 1087
lake or its tributaries. 1088
(k) "Northern Everglades" means the Lake Okeechobee 1089
watershed, the Caloosahatchee River watershed, and the St. Lucie 1090
River watershed. 1091
(l) "Project component" means any structural or 1092
operational change, resulting from the Restudy, to the Central 1093
and Southern Florida Project as it existed and was operated as 1094
of January 1, 1999. 1095
(m) "Restudy" means the Comprehensive Review Study of the 1096
Central and Southern Florida Project, for which federal 1097
participation was authorized by the Federal Water Resources 1098
Development Acts of 1992 and 1996 together with related 1099
congressional resolutions and for which participation by the 1100
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South Florida Water Management District is authorized by s. 1101
373.1501. The term includes all actions undertaken pursuant to 1102
the aforementioned authorizations which will result in 1103
recommendations for modifications or additions to the Central 1104
and Southern Florida Project. 1105
(n) "River Watershed Protection Plans" means the 1106
Caloosahatchee River Watershed Protection Plan and the St. Lucie 1107
River Watershed Protection Plan developed pursuant to this 1108
section. 1109
(o) "Soil amendment" means any substance or mixture of 1110
substances sold or offered for sale for soil enriching or 1111
corrective purposes, intended or claimed to be effective in 1112
promoting or stimulating plant growth, increasing soil or plant 1113
productivity, improving the quality of crops, or producing any 1114
chemical or physical change in the soil, except amendments, 1115
conditioners, additives, and related products that are derived 1116
solely from inorganic sources and that contain no recognized 1117
plant nutrients. 1118
(p) "St. Lucie River watershed" means the St. Lucie River, 1119
its tributaries, its estuary, and the area within Martin, 1120
Okeechobee, and St. Lucie Counties from which surface water flow 1121
is directed or drains, naturally or by constructed works, to the 1122
river, its tributaries, or its estuary. 1123
(q) "Total maximum daily load" means the sum of the 1124
individual wasteload allocations for point sources and the load 1125
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allocations for nonpoint sources and natural background adopted 1126
pursuant to s. 403.067. Before determining individual wasteload 1127
allocations and load allocations, the maximum amount of a 1128
pollutant that a water body or water segment can assimilate from 1129
all sources without exceeding water quality standards must first 1130
be calculated. 1131
(3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake 1132
Okeechobee Watershed Protection Program shall consist of the 1133
Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee 1134
Basin Management Action Plan adopted pursuant to s. 403.067, the 1135
Lake Okeechobee Exotic Species Control Program, and the Lake 1136
Okeechobee Internal Phosphorus Management Program. The Lake 1137
Okeechobee Basin Management Action Plan adopted pursuant to s. 1138
403.067 shall be the component of the Lake Okeechobee Watershed 1139
Protection Program that achieves phosphorus load reductions for 1140
Lake Okeechobee. The Lake Okeechobee Watershed Protection 1141
Program shall address the reduction of phosphorus loading to the 1142
lake from both internal and external sources. Phosphorus load 1143
reductions shall be achieved through a phased program of 1144
implementation. In the development and administration of the 1145
Lake Okeechobee Watershed Protection Program, the coordinating 1146
agencies shall maximize opportunities provided by federal cost-1147
sharing programs and opportunities for partnerships with the 1148
private sector. 1149
(a) Lake Okeechobee Watershed Protection Plan.—To protect 1150
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and restore surface water resources, the district, in 1151
cooperation with the other coordinating agencies, shall complete 1152
a Lake Okeechobee Watershed Protection Plan in accordance with 1153
this section and ss. 373.451-373.459. Beginning March 1, 2020, 1154
and every 5 years thereafter, the district shall update the Lake 1155
Okeechobee Watershed Protection Plan to ensure that it is 1156
consistent with the Lake Okeechobee Basin Management Action Plan 1157
adopted pursuant to s. 403.067. The Lake Okeechobee Watershed 1158
Protection Plan shall identify the geographic extent of the 1159
watershed, be coordinated with the plans developed pursuant to 1160
paragraphs (4)(a) and (c), and include the Lake Okeechobee 1161
Watershed Construction Project and the Lake Okeechobee Watershed 1162
Research and Water Quality Monitoring Program. The plan shall 1163
consider and build upon a review and analysis of the performance 1164
of projects constructed during Phase I and Phase II of the Lake 1165
Okeechobee Watershed Construction Project, pursuant to 1166
subparagraph 1.; relevant information resulting from the Lake 1167
Okeechobee Basin Management Action Plan, pursuant to paragraph 1168
(b); relevant information resulting from the Lake Okeechobee 1169
Watershed Research and Water Quality Monitoring Program, 1170
pursuant to subparagraph 2.; relevant information resulting from 1171
the Lake Okeechobee Exotic Species Control Program, pursuant to 1172
paragraph (c); and relevant information resulting from the Lake 1173
Okeechobee Internal Phosphorus Management Program, pursuant to 1174
paragraph (d). 1175
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1. Lake Okeechobee Watershed Construction Project.—To 1176
improve the hydrology and water quality of Lake Okeechobee and 1177
downstream receiving waters, including the Caloosahatchee and 1178
St. Lucie Rivers and their estuaries, the district, in 1179
cooperation with the other coordinating agencies, shall design 1180
and construct the Lake Okeechobee Watershed Construction 1181
Project. The project shall include: 1182
a. Phase I.—Phase I of the Lake Okeechobee Watershed 1183
Construction Project shall consist of a series of project 1184
features consistent with the recommendations of the South 1185
Florida Ecosystem Restoration Working Group's Lake Okeechobee 1186
Action Plan. Priority basins for such projects include S-191, S-1187
154, and Pools D and E in the Lower Kissimmee River. To obtain 1188
phosphorus load reductions to Lake Okeechobee as soon as 1189
possible, the following actions shall be implemented: 1190
(I) The district shall serve as a full partner with the 1191
Corps of Engineers in the design and construction of the Grassy 1192
Island Ranch and New Palm Dairy stormwater treatment facilities 1193
as components of the Lake Okeechobee Water Retention/Phosphorus 1194
Removal Critical Project. The Corps of Engineers shall have the 1195
lead in design and construction of these facilities. Should 1196
delays be encountered in the implementation of either of these 1197
facilities, the district shall notify the department and 1198
recommend corrective actions. 1199
(II) The district shall obtain permits and complete 1200
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construction of two of the isolated wetland restoration projects 1201
that are part of the Lake Okeechobee Water Retention/Phosphorus 1202
Removal Critical Project. The additional isolated wetland 1203
projects included in this critical project shall further reduce 1204
phosphorus loading to Lake Okeechobee. 1205
(III) The district shall work with the Corps of Engineers 1206
to expedite initiation of the design process for the Taylor 1207
Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment 1208
Area, a project component of the Comprehensive Everglades 1209
Restoration Plan. The district shall propose to the Corps of 1210
Engineers that the district take the lead in the design and 1211
construction of the Reservoir Assisted Stormwater Treatment Area 1212
and receive credit towards the local share of the total cost of 1213
the Comprehensive Everglades Restoration Plan. 1214
b. Phase II technical plan and construction.—The district, 1215
in cooperation with the other coordinating agencies, shall 1216
develop a detailed technical plan for Phase II of the Lake 1217
Okeechobee Watershed Construction Project which provides the 1218
basis for the Lake Okeechobee Basin Management Action Plan 1219
adopted by the department pursuant to s. 403.067. The detailed 1220
technical plan shall include measures for the improvement of the 1221
quality, quantity, timing, and distribution of water in the 1222
northern Everglades ecosystem, including the Lake Okeechobee 1223
watershed and the estuaries, and for facilitating the 1224
achievement of water quality standards. Use of cost-effective 1225
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biologically based, hybrid wetland/chemical and other innovative 1226
nutrient control technologies shall be incorporated in the plan 1227
where appropriate. The detailed technical plan shall also 1228
include a Process Development and Engineering component to 1229
finalize the detail and design of Phase II projects and identify 1230
additional measures needed to increase the certainty that the 1231
overall objectives for improving water quality and quantity can 1232
be met. Based on information and recommendations from the 1233
Process Development and Engineering component, the Phase II 1234
detailed technical plan shall be periodically updated. Phase II 1235
shall include construction of additional facilities in the 1236
priority basins identified in sub-subparagraph a., as well as 1237
facilities for other basins in the Lake Okeechobee watershed. 1238
The technical plan shall: 1239
(I) Identify Lake Okeechobee Watershed Construction 1240
Project facilities designed to contribute to achieving all 1241
applicable total maximum daily loads established pursuant to s. 1242
403.067 within the Lake Okeechobee watershed. 1243
(II) Identify the size and location of all such Lake 1244
Okeechobee Watershed Construction Project facilities. 1245
(III) Provide a construction schedule for all such Lake 1246
Okeechobee Watershed Construction Project facilities, including 1247
the sequencing and specific timeframe for construction of each 1248
Lake Okeechobee Watershed Construction Project facility. 1249
(IV) Provide a schedule for the acquisition of lands or 1250
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sufficient interests necessary to achieve the construction 1251
schedule. 1252
(V) Provide a detailed schedule of costs associated with 1253
the construction schedule. 1254
(VI) Identify, to the maximum extent practicable, impacts 1255
on wetlands and state-listed species expected to be associated 1256
with construction of such facilities, including potential 1257
alternatives to minimize and mitigate such impacts, as 1258
appropriate. 1259
(VII) Provide for additional measures, including voluntary 1260
water storage and quality improvements on private land, to 1261
increase water storage and reduce excess water levels in Lake 1262
Okeechobee and to reduce excess discharges to the estuaries. 1263
(VIII) Develop the appropriate water quantity storage goal 1264
to achieve the desired Lake Okeechobee range of lake levels and 1265
inflow volumes to the Caloosahatchee and St. Lucie estuaries 1266
while meeting the other water-related needs of the region, 1267
including water supply and flood protection. 1268
(IX) Provide for additional source controls needed to 1269
enhance performance of the Lake Okeechobee Watershed 1270
Construction Project facilities. Such additional source controls 1271
shall be incorporated into the Lake Okeechobee Basin Management 1272
Action Plan pursuant to paragraph (b). 1273
c. Evaluation.—Within 5 years after the adoption of the 1274
Lake Okeechobee Basin Management Action Plan pursuant to s. 1275
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403.067 and every 5 years thereafter, the department, in 1276
cooperation with the other coordinating agencies, shall conduct 1277
an evaluation of the Lake Okeechobee Watershed Construction 1278
Project and identify any further load reductions necessary to 1279
achieve compliance with the Lake Okeechobee total maximum daily 1280
loads established pursuant to s. 403.067. The district shall 1281
identify modifications to facilities of the Lake Okeechobee 1282
Watershed Construction Project as appropriate to meet the total 1283
maximum daily loads. Modifications to the Lake Okeechobee 1284
Watershed Construction Project resulting from this evaluation 1285
shall be incorporated into the Lake Okeechobee Basin Management 1286
Action Plan and included in the applicable annual progress 1287
report submitted pursuant to subsection (6). 1288
d. Coordination and review.—To ensure the timely 1289
implementation of the Lake Okeechobee Watershed Construction 1290
Project, the design of project facilities shall be coordinated 1291
with the department and other interested parties, including 1292
affected local governments, to the maximum extent practicable. 1293
Lake Okeechobee Watershed Construction Project facilities shall 1294
be reviewed and commented upon by the department before the 1295
execution of a construction contract by the district for that 1296
facility. 1297
2. Lake Okeechobee Watershed Research and Water Quality 1298
Monitoring Program.—The coordinating agencies shall implement a 1299
Lake Okeechobee Watershed Research and Water Quality Monitoring 1300
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Program. Results from the program shall be used by the 1301
department, in cooperation with the other coordinating agencies, 1302
to make modifications to the Lake Okeechobee Basin Management 1303
Action Plan adopted pursuant to s. 403.067, as appropriate. The 1304
program shall: 1305
a. Evaluate all available existing water quality data 1306
concerning total phosphorus in the Lake Okeechobee watershed, 1307
develop a water quality baseline to represent existing 1308
conditions for total phosphorus, monitor long-term ecological 1309
changes, including water quality for total phosphorus, and 1310
measure compliance with water quality standards for total 1311
phosphorus, including any applicable total maximum daily load 1312
for the Lake Okeechobee watershed as established pursuant to s. 1313
403.067. Beginning March 1, 2020, and every 5 years thereafter, 1314
the department shall reevaluate water quality and quantity data 1315
to ensure that the appropriate projects are being designated and 1316
incorporated into the Lake Okeechobee Basin Management Action 1317
Plan adopted pursuant to s. 403.067. The district shall 1318
implement a total phosphorus monitoring program at appropriate 1319
structures owned or operated by the district and within the Lake 1320
Okeechobee watershed. 1321
b. Develop a Lake Okeechobee water quality model that 1322
reasonably represents the phosphorus dynamics of Lake Okeechobee 1323
and incorporates an uncertainty analysis associated with model 1324
predictions. 1325
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c. Determine the relative contribution of phosphorus from 1326
all identifiable sources and all primary and secondary land 1327
uses. 1328
d. Conduct an assessment of the sources of phosphorus from 1329
the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their 1330
relative contribution to the water quality of Lake Okeechobee. 1331
The results of this assessment shall be used by the coordinating 1332
agencies as part of the Lake Okeechobee Basin Management Action 1333
Plan adopted pursuant to s. 403.067 to develop interim measures, 1334
best management practices, or regulations, as applicable. 1335
e. Assess current water management practices within the 1336
Lake Okeechobee watershed and develop recommendations for 1337
structural and operational improvements. Such recommendations 1338
shall balance water supply, flood control, estuarine salinity, 1339
maintenance of a healthy lake littoral zone, and water quality 1340
considerations. 1341
f. Evaluate the feasibility of alternative nutrient 1342
reduction technologies, including sediment traps, canal and 1343
ditch maintenance, fish production or other aquaculture, 1344
bioenergy conversion processes, and algal or other biological 1345
treatment technologies and include any alternative nutrient 1346
reduction technologies determined to be feasible in the Lake 1347
Okeechobee Basin Management Action Plan adopted pursuant to s. 1348
403.067. 1349
g. Conduct an assessment of the water volumes and timing 1350
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from the Lake Okeechobee watershed and their relative 1351
contribution to the water level changes in Lake Okeechobee and 1352
to the timing and volume of water delivered to the estuaries. 1353
(b) Lake Okeechobee Basin Management Action Plan.—The Lake 1354
Okeechobee Basin Management Action Plan adopted pursuant to s. 1355
403.067 shall be the watershed phosphorus control component for 1356
Lake Okeechobee. The Lake Okeechobee Basin Management Action 1357
Plan shall be a multifaceted approach designed to achieve the 1358
total maximum daily load by improving the management of 1359
phosphorus sources within the Lake Okeechobee watershed through 1360
implementation of regulations and best management practices, 1361
continued development and continued implementation of improved 1362
best management practices, improvement and restoration of the 1363
hydrologic function of natural and managed systems, and use of 1364
alternative technologies for nutrient reduction. As provided in 1365
s. 403.067(7)(a)6., the Lake Okeechobee Basin Management Action 1366
Plan must include milestones for implementation and water 1367
quality improvement, and an associated water quality monitoring 1368
component sufficient to evaluate whether reasonable progress in 1369
pollutant load reductions is being achieved over time. An 1370
assessment of progress toward these milestones shall be 1371
conducted every 5 years and shall be provided to the Governor, 1372
the President of the Senate, and the Speaker of the House of 1373
Representatives. Revisions to the plan shall be made, as 1374
appropriate, as a result of each 5-year review. Revisions to the 1375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
basin management action plan shall be made by the department in 1376
cooperation with the basin stakeholders. Revisions to best 1377
management practices or other measures must follow the 1378
procedures set forth in s. 403.067(7)(c)4. Revised basin 1379
management action plans must be adopted pursuant to s. 1380
403.067(7)(a)5. The department shall develop an implementation 1381
schedule establishing 5-year, 10-year, and 15-year measurable 1382
milestones and targets to achieve the total maximum daily load 1383
no more than 20 years after adoption of the plan. The initial 1384
implementation schedule shall be used to provide guidance for 1385
planning and funding purposes and is exempt from chapter 120. 1386
Upon the first 5-year review, the implementation schedule shall 1387
be adopted as part of the plan. If achieving the total maximum 1388
daily load within 20 years is not practicable, the 1389
implementation schedule must contain an explanation of the 1390
constraints that prevent achievement of the total maximum daily 1391
load within 20 years, an estimate of the time needed to achieve 1392
the total maximum daily load, and additional 5-year measurable 1393
milestones, as necessary. The coordinating agencies shall 1394
develop an interagency agreement pursuant to ss. 373.046 and 1395
373.406(5) which is consistent with the department taking the 1396
lead on water quality protection measures through the Lake 1397
Okeechobee Basin Management Action Plan adopted pursuant to s. 1398
403.067; the district taking the lead on hydrologic improvements 1399
pursuant to paragraph (a); and the Department of Agriculture and 1400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Consumer Services taking the lead on agricultural interim 1401
measures, best management practices, and other measures adopted 1402
pursuant to s. 403.067. The interagency agreement must specify 1403
how best management practices for nonagricultural nonpoint 1404
sources are developed and how all best management practices are 1405
implemented and verified consistent with s. 403.067 and this 1406
section and must address measures to be taken by the 1407
coordinating agencies during any best management practice 1408
reevaluation performed pursuant to subparagraphs 5. and 10. The 1409
department shall use best professional judgment in making the 1410
initial determination of best management practice effectiveness. 1411
The coordinating agencies may develop an intergovernmental 1412
agreement with local governments to implement nonagricultural 1413
nonpoint source best management practices within their 1414
respective geographic boundaries. The coordinating agencies 1415
shall facilitate the application of federal programs that offer 1416
opportunities for water quality treatment, including 1417
preservation, restoration, or creation of wetlands on 1418
agricultural lands. 1419
1. Agricultural nonpoint source best management practices, 1420
developed in accordance with s. 403.067 and designed to achieve 1421
the objectives of the Lake Okeechobee Watershed Protection 1422
Program as part of a phased approach of management strategies 1423
within the Lake Okeechobee Basin Management Action Plan, shall 1424
be implemented on an expedited basis. 1425
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2. As provided in s. 403.067, the Department of 1426
Agriculture and Consumer Services, in consultation with the 1427
department, the district, and affected parties, shall initiate 1428
rule development for interim measures, best management 1429
practices, conservation plans, nutrient management plans, or 1430
other measures necessary for Lake Okeechobee watershed total 1431
maximum daily load reduction. The rule shall include thresholds 1432
for requiring conservation and nutrient management plans and 1433
criteria for the contents of such plans. Development of 1434
agricultural nonpoint source best management practices shall 1435
initially focus on those priority basins listed in sub-1436
subparagraph (a)1.a. The Department of Agriculture and Consumer 1437
Services, in consultation with the department, the district, and 1438
affected parties, shall conduct an ongoing program for 1439
improvement of existing and development of new agricultural 1440
nonpoint source interim measures and best management practices. 1441
The Department of Agriculture and Consumer Services shall adopt 1442
such practices by rule. The Department of Agriculture and 1443
Consumer Services shall work with the University of Florida 1444
Institute of Food and Agriculture Sciences to review and, where 1445
appropriate, develop revised nutrient application rates for all 1446
agricultural soil amendments in the watershed. 1447
3. As provided in s. 403.067, where agricultural nonpoint 1448
source best management practices or interim measures have been 1449
adopted by rule of the Department of Agriculture and Consumer 1450
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Services, the owner or operator of an agricultural nonpoint 1451
source addressed by such rule shall either implement interim 1452
measures or best management practices or demonstrate compliance 1453
with state water quality standards addressed by the Lake 1454
Okeechobee Basin Management Action Plan adopted pursuant to s. 1455
403.067 by conducting monitoring prescribed by the department or 1456
the district. Owners or operators of agricultural nonpoint 1457
sources who implement interim measures or best management 1458
practices adopted by rule of the Department of Agriculture and 1459
Consumer Services shall be subject to s. 403.067. 1460
4. The district or department shall conduct monitoring at 1461
representative sites to verify the effectiveness of agricultural 1462
nonpoint source best management practices. 1463
5. Where water quality problems are detected for 1464
agricultural nonpoint sources despite the appropriate 1465
implementation of adopted best management practices, a 1466
reevaluation of the best management practices shall be conducted 1467
pursuant to s. 403.067(7)(c)4. If the reevaluation determines 1468
that the best management practices or other measures require 1469
modification, the rule shall be revised to require 1470
implementation of the modified practice within a reasonable 1471
period as specified in the rule. 1472
6. As provided in s. 403.067, nonagricultural nonpoint 1473
source best management practices, developed in accordance with 1474
s. 403.067 and designed to achieve the objectives of the Lake 1475
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Okeechobee Watershed Protection Program as part of a phased 1476
approach of management strategies within the Lake Okeechobee 1477
Basin Management Action Plan, shall be implemented on an 1478
expedited basis. 1479
7. The department and the district are directed to work 1480
with the University of Florida Institute of Food and 1481
Agricultural Sciences to develop appropriate nutrient 1482
application rates for all nonagricultural soil amendments in the 1483
watershed. As provided in s. 403.067, the department, in 1484
consultation with the district and affected parties, shall 1485
develop nonagricultural nonpoint source interim measures, best 1486
management practices, or other measures necessary for Lake 1487
Okeechobee watershed total maximum daily load reduction. 1488
Development of nonagricultural nonpoint source best management 1489
practices shall initially focus on those priority basins listed 1490
in sub-subparagraph (a)1.a. The department, the district, and 1491
affected parties shall conduct an ongoing program for 1492
improvement of existing and development of new interim measures 1493
and best management practices. The department or the district 1494
shall adopt such practices by rule. 1495
8. Where nonagricultural nonpoint source best management 1496
practices or interim measures have been developed by the 1497
department and adopted by the district, the owner or operator of 1498
a nonagricultural nonpoint source shall implement interim 1499
measures or best management practices and be subject to s. 1500
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403.067. 1501
9. As provided in s. 403.067, the district or the 1502
department shall conduct monitoring at representative sites to 1503
verify the effectiveness of nonagricultural nonpoint source best 1504
management practices. 1505
10. Where water quality problems are detected for 1506
nonagricultural nonpoint sources despite the appropriate 1507
implementation of adopted best management practices, a 1508
reevaluation of the best management practices shall be conducted 1509
pursuant to s. 403.067(7)(c)4. If the reevaluation determines 1510
that the best management practices or other measures require 1511
modification, the rule shall be revised to require 1512
implementation of the modified practice within a reasonable time 1513
period as specified in the rule. 1514
11. Subparagraphs 2. and 7. do not preclude the department 1515
or the district from requiring compliance with water quality 1516
standards or with current best management practices requirements 1517
set forth in any applicable regulatory program authorized by law 1518
for the purpose of protecting water quality. Subparagraphs 2. 1519
and 7. are applicable only to the extent that they do not 1520
conflict with any rules adopted by the department that are 1521
necessary to maintain a federally delegated or approved program. 1522
12. The program of agricultural best management practices 1523
set forth in the Everglades Program of the district meets the 1524
requirements of this paragraph and s. 403.067(7) for the Lake 1525
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Okeechobee watershed. An entity in compliance with the best 1526
management practices set forth in the Everglades Program of the 1527
district may elect to use that permit in lieu of the 1528
requirements of this paragraph. The provisions of subparagraph 1529
5. apply to this subparagraph. This subparagraph does not alter 1530
any requirement of s. 373.4592. 1531
13. The Department of Agriculture and Consumer Services, 1532
in cooperation with the department and the district, shall 1533
provide technical and financial assistance for implementation of 1534
agricultural best management practices, subject to the 1535
availability of funds. The department and district shall provide 1536
technical and financial assistance for implementation of 1537
nonagricultural nonpoint source best management practices, 1538
subject to the availability of funds. 1539
14. Projects that reduce the phosphorus load originating 1540
from domestic wastewater systems within the Lake Okeechobee 1541
watershed shall be given funding priority in the department's 1542
revolving loan program under s. 403.1835. The department shall 1543
coordinate and provide assistance to those local governments 1544
seeking financial assistance for such priority projects. 1545
15. Projects that make use of private lands, or lands held 1546
in trust for Indian tribes, to reduce nutrient loadings or 1547
concentrations within a basin by one or more of the following 1548
methods: restoring the natural hydrology of the basin, restoring 1549
wildlife habitat or impacted wetlands, reducing peak flows after 1550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
storm events, increasing aquifer recharge, or protecting range 1551
and timberland from conversion to development, are eligible for 1552
grants available under this section from the coordinating 1553
agencies. For projects of otherwise equal priority, special 1554
funding priority will be given to those projects that make best 1555
use of the methods outlined above that involve public-private 1556
partnerships or that obtain federal match money. Preference 1557
ranking above the special funding priority will be given to 1558
projects located in a rural area of opportunity designated by 1559
the Governor. Grant applications may be submitted by any person 1560
or tribal entity, and eligible projects may include, but are not 1561
limited to, the purchase of conservation and flowage easements, 1562
hydrologic restoration of wetlands, creating treatment wetlands, 1563
development of a management plan for natural resources, and 1564
financial support to implement a management plan. 1565
16. The department shall require all entities disposing of 1566
domestic wastewater biosolids within the Lake Okeechobee 1567
watershed and the remaining areas of Okeechobee, Glades, and 1568
Hendry Counties to develop and submit to the department an 1569
agricultural use plan that limits applications based upon 1570
phosphorus loading consistent with the Lake Okeechobee Basin 1571
Management Action Plan adopted pursuant to s. 403.067. The 1572
department may not authorize the disposal of domestic wastewater 1573
biosolids within the Lake Okeechobee watershed unless the 1574
applicant can affirmatively demonstrate that the phosphorus in 1575
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the biosolids will not add to phosphorus loadings in Lake 1576
Okeechobee or its tributaries. This demonstration shall be based 1577
on achieving a net balance between phosphorus imports relative 1578
to exports on the permitted application site. Exports shall 1579
include only phosphorus removed from the Lake Okeechobee 1580
watershed through products generated on the permitted 1581
application site. This prohibition does not apply to Class AA 1582
biosolids that are marketed and distributed as fertilizer 1583
products in accordance with department rule. 1584
17. Private and government-owned utilities within Monroe, 1585
Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 1586
River, Okeechobee, Highlands, Hendry, and Glades Counties that 1587
dispose of wastewater biosolids sludge from utility operations 1588
and septic removal by land spreading in the Lake Okeechobee 1589
watershed may use a line item on local sewer rates to cover 1590
wastewater biosolids treatment and disposal if such disposal and 1591
treatment is done by approved alternative treatment methodology 1592
at a facility located within the areas designated by the 1593
Governor as rural areas of opportunity pursuant to s. 288.0656. 1594
This additional line item is an environmental protection 1595
disposal fee above the present sewer rate and may not be 1596
considered a part of the present sewer rate to customers, 1597
notwithstanding provisions to the contrary in chapter 367. The 1598
fee shall be established by the county commission or its 1599
designated assignee in the county in which the alternative 1600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
method treatment facility is located. The fee shall be 1601
calculated to be no higher than that necessary to recover the 1602
facility's prudent cost of providing the service. Upon request 1603
by an affected county commission, the Florida Public Service 1604
Commission will provide assistance in establishing the fee. 1605
Further, for utilities and utility authorities that use the 1606
additional line item environmental protection disposal fee, such 1607
fee may not be considered a rate increase under the rules of the 1608
Public Service Commission and shall be exempt from such rules. 1609
Utilities using this section may immediately include in their 1610
sewer invoicing the new environmental protection disposal fee. 1611
Proceeds from this environmental protection disposal fee shall 1612
be used for treatment and disposal of wastewater biosolids, 1613
including any treatment technology that helps reduce the volume 1614
of biosolids that require final disposal, but such proceeds may 1615
not be used for transportation or shipment costs for disposal or 1616
any costs relating to the land application of biosolids in the 1617
Lake Okeechobee watershed. 1618
18. No less frequently than once every 3 years, the 1619
Florida Public Service Commission or the county commission 1620
through the services of an independent auditor shall perform a 1621
financial audit of all facilities receiving compensation from an 1622
environmental protection disposal fee. The Florida Public 1623
Service Commission or the county commission through the services 1624
of an independent auditor shall also perform an audit of the 1625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
methodology used in establishing the environmental protection 1626
disposal fee. The Florida Public Service Commission or the 1627
county commission shall, within 120 days after completion of an 1628
audit, file the audit report with the President of the Senate 1629
and the Speaker of the House of Representatives and shall 1630
provide copies to the county commissions of the counties set 1631
forth in subparagraph 17. The books and records of any 1632
facilities receiving compensation from an environmental 1633
protection disposal fee shall be open to the Florida Public 1634
Service Commission and the Auditor General for review upon 1635
request. 1636
19. The Department of Health shall require all entities 1637
disposing of septage within the Lake Okeechobee watershed to 1638
develop and submit to that agency an agricultural use plan that 1639
limits applications based upon phosphorus loading consistent 1640
with the Lake Okeechobee Basin Management Action Plan adopted 1641
pursuant to s. 403.067. 1642
20. The Department of Agriculture and Consumer Services 1643
shall initiate rulemaking requiring entities within the Lake 1644
Okeechobee watershed which land-apply animal manure to develop 1645
resource management system level conservation plans, according 1646
to United States Department of Agriculture criteria, which limit 1647
such application. Such rules must include criteria and 1648
thresholds for the requirement to develop a conservation or 1649
nutrient management plan, requirements for plan approval, site 1650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspection requirements, and recordkeeping requirements. 1651
21. The district shall revise chapter 40E-61, Florida 1652
Administrative Code, to be consistent with this section and s. 1653
403.067; provide for a monitoring program for nonpoint source 1654
dischargers required to monitor water quality by s. 403.067; and 1655
provide for the results of such monitoring to be reported to the 1656
coordinating agencies. 1657
(c) Lake Okeechobee Exotic Species Control Program.—The 1658
coordinating agencies shall identify the exotic species that 1659
threaten the native flora and fauna within the Lake Okeechobee 1660
watershed and develop and implement measures to protect the 1661
native flora and fauna. 1662
(d) Lake Okeechobee Internal Phosphorus Management 1663
Program.—The district, in cooperation with the other 1664
coordinating agencies and interested parties, shall evaluate the 1665
feasibility of Lake Okeechobee internal phosphorus load removal 1666
projects. The evaluation shall be based on technical 1667
feasibility, as well as economic considerations, and shall 1668
consider all reasonable methods of phosphorus removal. If 1669
projects are found to be feasible, the district shall 1670
immediately pursue the design, funding, and permitting for 1671
implementing such projects. 1672
(e) Lake Okeechobee Watershed Protection Program 1673
implementation.—The coordinating agencies shall be jointly 1674
responsible for implementing the Lake Okeechobee Watershed 1675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Protection Program, consistent with the statutory authority and 1676
responsibility of each agency. Annual funding priorities shall 1677
be jointly established, and the highest priority shall be 1678
assigned to programs and projects that address sources that have 1679
the highest relative contribution to loading and the greatest 1680
potential for reductions needed to meet the total maximum daily 1681
loads. In determining funding priorities, the coordinating 1682
agencies shall also consider the need for regulatory compliance, 1683
the extent to which the program or project is ready to proceed, 1684
and the availability of federal matching funds or other nonstate 1685
funding, including public-private partnerships. Federal and 1686
other nonstate funding shall be maximized to the greatest extent 1687
practicable. 1688
(f) Priorities and implementation schedules.—The 1689
coordinating agencies are authorized and directed to establish 1690
priorities and implementation schedules for the achievement of 1691
total maximum daily loads, compliance with the requirements of 1692
s. 403.067, and compliance with applicable water quality 1693
standards within the waters and watersheds subject to this 1694
section. 1695
(4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND 1696
ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection 1697
program shall be developed and implemented as specified in this 1698
subsection. To protect and restore surface water resources, the 1699
program shall address the reduction of pollutant loadings, 1700
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restoration of natural hydrology, and compliance with applicable 1701
state water quality standards. The program shall be achieved 1702
through a phased program of implementation. In addition, 1703
pollutant load reductions based upon adopted total maximum daily 1704
loads established in accordance with s. 403.067 shall serve as a 1705
program objective. In the development and administration of the 1706
program, the coordinating agencies shall maximize opportunities 1707
provided by federal and local government cost-sharing programs 1708
and opportunities for partnerships with the private sector and 1709
local government. The program shall include a goal for salinity 1710
envelopes and freshwater inflow targets for the estuaries based 1711
upon existing research and documentation. The goal may be 1712
revised as new information is available. This goal shall seek to 1713
reduce the frequency and duration of undesirable salinity ranges 1714
while meeting the other water-related needs of the region, 1715
including water supply and flood protection, while recognizing 1716
the extent to which water inflows are within the control and 1717
jurisdiction of the district. 1718
(a) Caloosahatchee River Watershed Protection Plan.—The 1719
district, in cooperation with the other coordinating agencies, 1720
Lee County, and affected counties and municipalities, shall 1721
complete a River Watershed Protection Plan in accordance with 1722
this subsection. The Caloosahatchee River Watershed Protection 1723
Plan shall identify the geographic extent of the watershed, be 1724
coordinated as needed with the plans developed pursuant to 1725
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paragraph (3)(a) and paragraph (c) of this subsection, and 1726
include the Caloosahatchee River Watershed Construction Project 1727
and the Caloosahatchee River Watershed Research and Water 1728
Quality Monitoring Program. 1729
1. Caloosahatchee River Watershed Construction Project.—To 1730
improve the hydrology, water quality, and aquatic habitats 1731
within the watershed, the district shall, no later than January 1732
1, 2012, plan, design, and construct the initial phase of the 1733
Watershed Construction Project. In doing so, the district shall: 1734
a. Develop and designate the facilities to be constructed 1735
to achieve stated goals and objectives of the Caloosahatchee 1736
River Watershed Protection Plan. 1737
b. Conduct scientific studies that are necessary to 1738
support the design of the Caloosahatchee River Watershed 1739
Construction Project facilities. 1740
c. Identify the size and location of all such facilities. 1741
d. Provide a construction schedule for all such 1742
facilities, including the sequencing and specific timeframe for 1743
construction of each facility. 1744
e. Provide a schedule for the acquisition of lands or 1745
sufficient interests necessary to achieve the construction 1746
schedule. 1747
f. Provide a schedule of costs and benefits associated 1748
with each construction project and identify funding sources. 1749
g. To ensure timely implementation, coordinate the design, 1750
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scheduling, and sequencing of project facilities with the 1751
coordinating agencies, Lee County, other affected counties and 1752
municipalities, and other affected parties. 1753
2. Caloosahatchee River Watershed Research and Water 1754
Quality Monitoring Program.—The district, in cooperation with 1755
the other coordinating agencies and local governments, shall 1756
implement a Caloosahatchee River Watershed Research and Water 1757
Quality Monitoring Program that builds upon the district's 1758
existing research program and that is sufficient to carry out, 1759
comply with, or assess the plans, programs, and other 1760
responsibilities created by this subsection. The program shall 1761
also conduct an assessment of the water volumes and timing from 1762
Lake Okeechobee and the Caloosahatchee River watershed and their 1763
relative contributions to the timing and volume of water 1764
delivered to the estuary. 1765
(b) Caloosahatchee River Watershed Basin Management Action 1766
Plans.—The basin management action plans adopted pursuant to s. 1767
403.067 for the Caloosahatchee River watershed shall be the 1768
Caloosahatchee River Watershed Pollutant Control Program. The 1769
plans shall be designed to be a multifaceted approach to 1770
reducing pollutant loads by improving the management of 1771
pollutant sources within the Caloosahatchee River watershed 1772
through implementation of regulations and best management 1773
practices, development and implementation of improved best 1774
management practices, improvement and restoration of the 1775
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hydrologic function of natural and managed systems, and 1776
utilization of alternative technologies for pollutant reduction, 1777
such as cost-effective biologically based, hybrid 1778
wetland/chemical and other innovative nutrient control 1779
technologies. As provided in s. 403.067(7)(a)6., the 1780
Caloosahatchee River Watershed Basin Management Action Plans 1781
must include milestones for implementation and water quality 1782
improvement, and an associated water quality monitoring 1783
component sufficient to evaluate whether reasonable progress in 1784
pollutant load reductions is being achieved over time. An 1785
assessment of progress toward these milestones shall be 1786
conducted every 5 years and shall be provided to the Governor, 1787
the President of the Senate, and the Speaker of the House of 1788
Representatives. Revisions to the plans shall be made, as 1789
appropriate, as a result of each 5-year review. Revisions to the 1790
basin management action plans shall be made by the department in 1791
cooperation with the basin stakeholders. Revisions to best 1792
management practices or other measures must follow the 1793
procedures set forth in s. 403.067(7)(c)4. Revised basin 1794
management action plans must be adopted pursuant to s. 1795
403.067(7)(a)5. The department shall develop an implementation 1796
schedule establishing 5-year, 10-year, and 15-year measurable 1797
milestones and targets to achieve the total maximum daily load 1798
no more than 20 years after adoption of the plan. The initial 1799
implementation schedule shall be used to provide guidance for 1800
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planning and funding purposes and is exempt from chapter 120. 1801
Upon the first 5-year review, the implementation schedule shall 1802
be adopted as part of the plans. If achieving the total maximum 1803
daily load within 20 years is not practicable, the 1804
implementation schedule must contain an explanation of the 1805
constraints that prevent achievement of the total maximum daily 1806
load within 20 years, an estimate of the time needed to achieve 1807
the total maximum daily load, and additional 5-year measurable 1808
milestones, as necessary. The coordinating agencies shall 1809
facilitate the use of federal programs that offer opportunities 1810
for water quality treatment, including preservation, 1811
restoration, or creation of wetlands on agricultural lands. 1812
1. Nonpoint source best management practices consistent 1813
with s. 403.067, designed to achieve the objectives of the 1814
Caloosahatchee River Watershed Protection Program, shall be 1815
implemented on an expedited basis. The coordinating agencies may 1816
develop an intergovernmental agreement with local governments to 1817
implement the nonagricultural, nonpoint source best management 1818
practices within their respective geographic boundaries. 1819
2. This subsection does not preclude the department or the 1820
district from requiring compliance with water quality standards, 1821
adopted total maximum daily loads, or current best management 1822
practices requirements set forth in any applicable regulatory 1823
program authorized by law for the purpose of protecting water 1824
quality. This subsection applies only to the extent that it does 1825
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not conflict with any rules adopted by the department or 1826
district which are necessary to maintain a federally delegated 1827
or approved program. 1828
3. Projects that make use of private lands, or lands held 1829
in trust for Indian tribes, to reduce pollutant loadings or 1830
concentrations within a basin, or that reduce the volume of 1831
harmful discharges by one or more of the following methods: 1832
restoring the natural hydrology of the basin, restoring wildlife 1833
habitat or impacted wetlands, reducing peak flows after storm 1834
events, or increasing aquifer recharge, are eligible for grants 1835
available under this section from the coordinating agencies. 1836
4. The Caloosahatchee River Watershed Basin Management 1837
Action Plans shall require assessment of current water 1838
management practices within the watershed and shall require 1839
development of recommendations for structural, nonstructural, 1840
and operational improvements. Such recommendations shall 1841
consider and balance water supply, flood control, estuarine 1842
salinity, aquatic habitat, and water quality considerations. 1843
5. The department may not authorize the disposal of 1844
domestic wastewater biosolids within the Caloosahatchee River 1845
watershed unless the applicant can affirmatively demonstrate 1846
that the nutrients in the biosolids will not add to nutrient 1847
loadings in the watershed. This demonstration shall be based on 1848
achieving a net balance between nutrient imports relative to 1849
exports on the permitted application site. Exports shall include 1850
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only nutrients removed from the watershed through products 1851
generated on the permitted application site. This prohibition 1852
does not apply to Class AA biosolids that are marketed and 1853
distributed as fertilizer products in accordance with department 1854
rule. 1855
6. The Department of Health shall require all entities 1856
disposing of septage within the Caloosahatchee River watershed 1857
to develop and submit to that agency an agricultural use plan 1858
that limits applications based upon nutrient loading consistent 1859
with any basin management action plan adopted pursuant to s. 1860
403.067. 1861
7. The Department of Agriculture and Consumer Services 1862
shall require entities within the Caloosahatchee River watershed 1863
which land-apply animal manure to develop a resource management 1864
system level conservation plan, according to United States 1865
Department of Agriculture criteria, which limit such 1866
application. Such rules shall include criteria and thresholds 1867
for the requirement to develop a conservation or nutrient 1868
management plan, requirements for plan approval, site inspection 1869
requirements, and recordkeeping requirements. 1870
8. The district shall initiate rulemaking to provide for a 1871
monitoring program for nonpoint source dischargers required to 1872
monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3. 1873
The results of such monitoring must be reported to the 1874
coordinating agencies. 1875
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(c) St. Lucie River Watershed Protection Plan.—The 1876
district, in cooperation with the other coordinating agencies, 1877
Martin County, and affected counties and municipalities shall 1878
complete a plan in accordance with this subsection. The St. 1879
Lucie River Watershed Protection Plan shall identify the 1880
geographic extent of the watershed, be coordinated as needed 1881
with the plans developed pursuant to paragraph (3)(a) and 1882
paragraph (a) of this subsection, and include the St. Lucie 1883
River Watershed Construction Project and St. Lucie River 1884
Watershed Research and Water Quality Monitoring Program. 1885
1. St. Lucie River Watershed Construction Project.—To 1886
improve the hydrology, water quality, and aquatic habitats 1887
within the watershed, the district shall, no later than January 1888
1, 2012, plan, design, and construct the initial phase of the 1889
Watershed Construction Project. In doing so, the district shall: 1890
a. Develop and designate the facilities to be constructed 1891
to achieve stated goals and objectives of the St. Lucie River 1892
Watershed Protection Plan. 1893
b. Identify the size and location of all such facilities. 1894
c. Provide a construction schedule for all such 1895
facilities, including the sequencing and specific timeframe for 1896
construction of each facility. 1897
d. Provide a schedule for the acquisition of lands or 1898
sufficient interests necessary to achieve the construction 1899
schedule. 1900
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e. Provide a schedule of costs and benefits associated 1901
with each construction project and identify funding sources. 1902
f. To ensure timely implementation, coordinate the design, 1903
scheduling, and sequencing of project facilities with the 1904
coordinating agencies, Martin County, St. Lucie County, other 1905
interested parties, and other affected local governments. 1906
2. St. Lucie River Watershed Research and Water Quality 1907
Monitoring Program.—The district, in cooperation with the other 1908
coordinating agencies and local governments, shall establish a 1909
St. Lucie River Watershed Research and Water Quality Monitoring 1910
Program that builds upon the district's existing research 1911
program and that is sufficient to carry out, comply with, or 1912
assess the plans, programs, and other responsibilities created 1913
by this subsection. The district shall also conduct an 1914
assessment of the water volumes and timing from Lake Okeechobee 1915
and the St. Lucie River watershed and their relative 1916
contributions to the timing and volume of water delivered to the 1917
estuary. 1918
(d) St. Lucie River Watershed Basin Management Action 1919
Plan.—The basin management action plan for the St. Lucie River 1920
watershed adopted pursuant to s. 403.067 shall be the St. Lucie 1921
River Watershed Pollutant Control Program and shall be designed 1922
to be a multifaceted approach to reducing pollutant loads by 1923
improving the management of pollutant sources within the St. 1924
Lucie River watershed through implementation of regulations and 1925
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best management practices, development and implementation of 1926
improved best management practices, improvement and restoration 1927
of the hydrologic function of natural and managed systems, and 1928
use of alternative technologies for pollutant reduction, such as 1929
cost-effective biologically based, hybrid wetland/chemical and 1930
other innovative nutrient control technologies. As provided in 1931
s. 403.067(7)(a)6., the St. Lucie River Watershed Basin 1932
Management Action Plan must include milestones for 1933
implementation and water quality improvement, and an associated 1934
water quality monitoring component sufficient to evaluate 1935
whether reasonable progress in pollutant load reductions is 1936
being achieved over time. An assessment of progress toward these 1937
milestones shall be conducted every 5 years and shall be 1938
provided to the Governor, the President of the Senate, and the 1939
Speaker of the House of Representatives. Revisions to the plan 1940
shall be made, as appropriate, as a result of each 5-year 1941
review. Revisions to the basin management action plan shall be 1942
made by the department in cooperation with the basin 1943
stakeholders. Revisions to best management practices or other 1944
measures must follow the procedures set forth in s. 1945
403.067(7)(c)4. Revised basin management action plans must be 1946
adopted pursuant to s. 403.067(7)(a)5. The department shall 1947
develop an implementation schedule establishing 5-year, 10-year, 1948
and 15-year measurable milestones and targets to achieve the 1949
total maximum daily load no more than 20 years after adoption of 1950
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the plan. The initial implementation schedule shall be used to 1951
provide guidance for planning and funding purposes and is exempt 1952
from chapter 120. Upon the first 5-year review, the 1953
implementation schedule shall be adopted as part of the plan. If 1954
achieving the total maximum daily load within 20 years is not 1955
practicable, the implementation schedule must contain an 1956
explanation of the constraints that prevent achievement of the 1957
total maximum daily load within 20 years, an estimate of the 1958
time needed to achieve the total maximum daily load, and 1959
additional 5-year measurable milestones, as necessary. The 1960
coordinating agencies shall facilitate the use of federal 1961
programs that offer opportunities for water quality treatment, 1962
including preservation, restoration, or creation of wetlands on 1963
agricultural lands. 1964
1. Nonpoint source best management practices consistent 1965
with s. 403.067, designed to achieve the objectives of the St. 1966
Lucie River Watershed Protection Program, shall be implemented 1967
on an expedited basis. The coordinating agencies may develop an 1968
intergovernmental agreement with local governments to implement 1969
the nonagricultural nonpoint source best management practices 1970
within their respective geographic boundaries. 1971
2. This subsection does not preclude the department or the 1972
district from requiring compliance with water quality standards, 1973
adopted total maximum daily loads, or current best management 1974
practices requirements set forth in any applicable regulatory 1975
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program authorized by law for the purpose of protecting water 1976
quality. This subsection applies only to the extent that it does 1977
not conflict with any rules adopted by the department or 1978
district which are necessary to maintain a federally delegated 1979
or approved program. 1980
3. Projects that make use of private lands, or lands held 1981
in trust for Indian tribes, to reduce pollutant loadings or 1982
concentrations within a basin, or that reduce the volume of 1983
harmful discharges by one or more of the following methods: 1984
restoring the natural hydrology of the basin, restoring wildlife 1985
habitat or impacted wetlands, reducing peak flows after storm 1986
events, or increasing aquifer recharge, are eligible for grants 1987
available under this section from the coordinating agencies. 1988
4. The St. Lucie River Watershed Basin Management Action 1989
Plan shall require assessment of current water management 1990
practices within the watershed and shall require development of 1991
recommendations for structural, nonstructural, and operational 1992
improvements. Such recommendations shall consider and balance 1993
water supply, flood control, estuarine salinity, aquatic 1994
habitat, and water quality considerations. 1995
5. The department may not authorize the disposal of 1996
domestic wastewater biosolids within the St. Lucie River 1997
watershed unless the applicant can affirmatively demonstrate 1998
that the nutrients in the biosolids will not add to nutrient 1999
loadings in the watershed. This demonstration shall be based on 2000
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achieving a net balance between nutrient imports relative to 2001
exports on the permitted application site. Exports shall include 2002
only nutrients removed from the St. Lucie River watershed 2003
through products generated on the permitted application site. 2004
This prohibition does not apply to Class AA biosolids that are 2005
marketed and distributed as fertilizer products in accordance 2006
with department rule. 2007
6. The Department of Health shall require all entities 2008
disposing of septage within the St. Lucie River watershed to 2009
develop and submit to that agency an agricultural use plan that 2010
limits applications based upon nutrient loading consistent with 2011
any basin management action plan adopted pursuant to s. 403.067. 2012
7. The Department of Agriculture and Consumer Services 2013
shall initiate rulemaking requiring entities within the St. 2014
Lucie River watershed which land-apply animal manure to develop 2015
a resource management system level conservation plan, according 2016
to United States Department of Agriculture criteria, which limit 2017
such application. Such rules shall include criteria and 2018
thresholds for the requirement to develop a conservation or 2019
nutrient management plan, requirements for plan approval, site 2020
inspection requirements, and recordkeeping requirements. 2021
8. The district shall initiate rulemaking to provide for a 2022
monitoring program for nonpoint source dischargers required to 2023
monitor water quality pursuant to s. 403.067(7)(b)2.g. or (c)3. 2024
The results of such monitoring must be reported to the 2025
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coordinating agencies. 2026
(e) River Watershed Protection Plan implementation.—The 2027
coordinating agencies shall be jointly responsible for 2028
implementing the River Watershed Protection Plans, consistent 2029
with the statutory authority and responsibility of each agency. 2030
Annual funding priorities shall be jointly established, and the 2031
highest priority shall be assigned to programs and projects that 2032
have the greatest potential for achieving the goals and 2033
objectives of the plans. In determining funding priorities, the 2034
coordinating agencies shall also consider the need for 2035
regulatory compliance, the extent to which the program or 2036
project is ready to proceed, and the availability of federal or 2037
local government matching funds. Federal and other nonstate 2038
funding shall be maximized to the greatest extent practicable. 2039
(f) Evaluation.—Beginning March 1, 2020, and every 5 years 2040
thereafter, concurrent with the updates of the basin management 2041
action plans adopted pursuant to s. 403.067, the department, in 2042
cooperation with the other coordinating agencies, shall conduct 2043
an evaluation of any pollutant load reduction goals, as well as 2044
any other specific objectives and goals, as stated in the River 2045
Watershed Protection Programs. The district shall identify 2046
modifications to facilities of the River Watershed Construction 2047
Projects, as appropriate, or any other elements of the River 2048
Watershed Protection Programs. The evaluation shall be included 2049
in the annual progress report submitted pursuant to this 2050
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section. 2051
(g) Priorities and implementation schedules.—The 2052
coordinating agencies are authorized and directed to establish 2053
priorities and implementation schedules for the achievement of 2054
total maximum daily loads, the requirements of s. 403.067, and 2055
compliance with applicable water quality standards within the 2056
waters and watersheds subject to this section. 2057
(5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY 2058
LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The 2059
department is directed to expedite development and adoption of 2060
total maximum daily loads for the Caloosahatchee River and 2061
estuary. The department is further directed to propose for final 2062
agency action total maximum daily loads for nutrients in the 2063
tidal portions of the Caloosahatchee River and estuary. The 2064
department shall initiate development of basin management action 2065
plans for Lake Okeechobee, the Caloosahatchee River watershed 2066
and estuary, and the St. Lucie River watershed and estuary as 2067
provided in s. 403.067 as follows: 2068
(a) Basin management action plans shall be developed as 2069
soon as practicable as determined necessary by the department to 2070
achieve the total maximum daily loads established for the Lake 2071
Okeechobee watershed and the estuaries. 2072
(b) The Phase II technical plan development pursuant to 2073
paragraph (3)(a), and the River Watershed Protection Plans 2074
developed pursuant to paragraphs (4)(a) and (c), shall provide 2075
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the basis for basin management action plans developed by the 2076
department. 2077
(c) As determined necessary by the department to achieve 2078
the total maximum daily loads, additional or modified projects 2079
or programs that complement those in the legislatively ratified 2080
plans may be included during the development of the basin 2081
management action plan. 2082
(d) As provided in s. 403.067, management strategies and 2083
pollution reduction requirements set forth in a basin management 2084
action plan subject to permitting by the department under 2085
subsection (7) must be completed pursuant to the schedule set 2086
forth in the basin management action plan, as amended. The 2087
implementation schedule may extend beyond the 5-year permit 2088
term. 2089
(e) As provided in s. 403.067, management strategies and 2090
pollution reduction requirements set forth in a basin management 2091
action plan for a specific pollutant of concern are not subject 2092
to challenge under chapter 120 at the time they are 2093
incorporated, in an identical form, into a department or 2094
district issued permit or a permit modification issued in 2095
accordance with subsection (7). 2096
(6) ANNUAL PROGRESS REPORT.—Each March 1, the district, in 2097
cooperation with the other coordinating agencies, shall report 2098
on implementation of this section as part of the consolidated 2099
annual report required in s. 373.036(7). The annual report shall 2100
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include a summary of the conditions of the hydrology, water 2101
quality, and aquatic habitat in the northern Everglades based on 2102
the results of the Research and Water Quality Monitoring 2103
Programs, the status of the Lake Okeechobee Watershed 2104
Construction Project, the status of the Caloosahatchee River 2105
Watershed Construction Project, and the status of the St. Lucie 2106
River Watershed Construction Project. In addition, the report 2107
shall contain an annual accounting of the expenditure of funds 2108
from the Save Our Everglades Trust Fund. At a minimum, the 2109
annual report shall provide detail by program and plan, 2110
including specific information concerning the amount and use of 2111
funds from federal, state, or local government sources. In 2112
detailing the use of these funds, the district shall indicate 2113
those designated to meet requirements for matching funds. The 2114
district shall prepare the report in cooperation with the other 2115
coordinating agencies and affected local governments. The 2116
department shall report on the status of the Lake Okeechobee 2117
Basin Management Action Plan, the Caloosahatchee River Watershed 2118
Basin Management Action Plan, and the St. Lucie River Watershed 2119
Basin Management Action Plan. The Department of Agriculture and 2120
Consumer Services shall report on the status of the 2121
implementation of the agricultural nonpoint source best 2122
management practices, including an implementation assurance 2123
report summarizing survey responses and response rates, site 2124
inspections, and other methods used to verify implementation of 2125
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and compliance with best management practices in the Lake 2126
Okeechobee, Caloosahatchee River, and St. Lucie River 2127
watersheds. 2128
(7) LAKE OKEECHOBEE PROTECTION PERMITS.— 2129
(a) The Legislature finds that the Lake Okeechobee 2130
Watershed Protection Program will benefit Lake Okeechobee and 2131
downstream receiving waters and is in the public interest. The 2132
Lake Okeechobee Watershed Construction Project and structures 2133
discharging into or from Lake Okeechobee shall be constructed, 2134
operated, and maintained in accordance with this section. 2135
(b) Permits obtained pursuant to this section are in lieu 2136
of all other permits under this chapter or chapter 403, except 2137
those issued under s. 403.0885, if applicable. Additional 2138
permits are not required for the Lake Okeechobee Watershed 2139
Construction Project, or structures discharging into or from 2140
Lake Okeechobee, if such project or structures are permitted 2141
under this section. Construction activities related to 2142
implementation of the Lake Okeechobee Watershed Construction 2143
Project may be initiated before final agency action, or notice 2144
of intended agency action, on any permit from the department 2145
under this section. 2146
(c)1. Owners or operators of existing structures which 2147
discharge into or from Lake Okeechobee that were subject to 2148
Department Consent Orders 91-0694, 91-0705, 91-0706, 91-0707, 2149
and RT50-205564 and that are subject to s. 373.4592(4)(a) do not 2150
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require a permit under this section and shall be governed by 2151
permits issued under ss. 373.413 and 373.416 and the Lake 2152
Okeechobee Basin Management Action Plan adopted pursuant to s. 2153
403.067. 2154
2. For the purposes of this paragraph, owners and 2155
operators of existing structures which are subject to s. 2156
373.4592(4)(a) and which discharge into or from Lake Okeechobee 2157
shall be deemed in compliance with this paragraph if they are in 2158
full compliance with the conditions of permits under chapter 2159
40E-63, Florida Administrative Code. 2160
3. By January 1, 2017, the district shall submit to the 2161
department a complete application for a permit modification to 2162
the Lake Okeechobee structure permits to incorporate proposed 2163
changes necessary to ensure that discharges through the 2164
structures covered by this permit are consistent with the basin 2165
management action plan adopted pursuant to s. 403.067. 2166
(d) The department shall require permits for district 2167
regional projects that are part of the Lake Okeechobee Watershed 2168
Construction Project. However, projects that qualify as exempt 2169
pursuant to s. 373.406 do not require permits under this 2170
section. Such permits shall be issued for a term of 5 years upon 2171
the demonstration of reasonable assurances that: 2172
1. District regional projects that are part of the Lake 2173
Okeechobee Watershed Construction Project shall achieve the 2174
design objectives for phosphorus required in subparagraph 2175
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(3)(a)1.; 2176
2. For water quality standards other than phosphorus, the 2177
quality of water discharged from the facility is of equal or 2178
better quality than the inflows; 2179
3. Discharges from the facility do not pose a serious 2180
danger to public health, safety, or welfare; and 2181
4. Any impacts on wetlands or state-listed species 2182
resulting from implementation of that facility of the Lake 2183
Okeechobee Construction Project are minimized and mitigated, as 2184
appropriate. 2185
(e) At least 60 days before the expiration of any permit 2186
issued under this section, the permittee may apply for a renewal 2187
thereof for a period of 5 years. 2188
(f) Permits issued under this section may include any 2189
standard conditions provided by department rule which are 2190
appropriate and consistent with this section. 2191
(g) Permits issued under this section may be modified, as 2192
appropriate, upon review and approval by the department. 2193
(8) RESTRICTIONS ON WATER DIVERSIONS.—The South Florida 2194
Water Management District shall not divert waters to the St. 2195
Lucie River, the Indian River estuary, the Caloosahatchee River 2196
or its estuary, or the Everglades National Park, in such a way 2197
that the state water quality standards are violated, that the 2198
nutrients in such diverted waters adversely affect indigenous 2199
vegetation communities or wildlife, or that fresh waters 2200
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diverted to the St. Lucie River or the Caloosahatchee or Indian 2201
River estuaries adversely affect the estuarine vegetation or 2202
wildlife, unless the receiving waters will biologically benefit 2203
by the diversion. However, diversion is permitted when an 2204
emergency is declared by the water management district, if the 2205
Secretary of Environmental Protection concurs. 2206
(9) PRESERVATION OF PROVISIONS RELATING TO THE 2207
EVERGLADES.—Nothing in this section shall be construed to modify 2208
any provision of s. 373.4592. 2209
(10) RIGHTS OF SEMINOLE TRIBE OF FLORIDA.—Nothing in this 2210
section is intended to diminish or alter the governmental 2211
authority and powers of the Seminole Tribe of Florida, or 2212
diminish or alter the rights of that tribe, including, but not 2213
limited to, rights under the water rights compact among the 2214
Seminole Tribe of Florida, the state, and the South Florida 2215
Water Management District as enacted by Pub. L. No. 100-228, 101 2216
Stat. 1556, and chapter 87-292, Laws of Florida, and codified in 2217
s. 285.165, and rights under any other agreement between the 2218
Seminole Tribe of Florida and the state or its agencies. No land 2219
of the Seminole Tribe of Florida shall be used for water storage 2220
or stormwater treatment without the consent of the tribe. 2221
(11) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—2222
Nothing in this section shall be construed to modify any 2223
existing state water quality standard or to modify the 2224
provisions of s. 403.067(6) and (7)(a). 2225
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(12) RULES.—The governing board of the district is 2226
authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 2227
to implement the provisions of this section. 2228
(13) PRESERVATION OF AUTHORITY.—Nothing in this section 2229
shall be construed to restrict the authority otherwise granted 2230
to agencies pursuant to this chapter and chapter 403, and 2231
provisions of this section shall be deemed supplemental to the 2232
authority granted to agencies pursuant to this chapter and 2233
chapter 403. 2234
Section 24. For the purpose of incorporating the amendment 2235
made by this act to section 403.0872, Florida Statutes, in a 2236
reference thereto, section 403.0873, Florida Statutes, is 2237
reenacted to read: 2238
403.0873 Florida Air-Operation License Fee Account.—The 2239
"Florida Air-Operation License Fee Account" is established as a 2240
nonlapsing account within the Department of Environmental 2241
Protection's Air Pollution Control Trust Fund. All license fees 2242
paid pursuant to s. 403.0872(11) shall be deposited in such 2243
account and must be used solely by the department and approved 2244
local programs under the advice and consent of the Legislature 2245
to pay the direct and indirect costs required to develop and 2246
administer the major stationary source air-operation permit 2247
program. Any approved local pollution control program that 2248
accepts funds from the department as reimbursement for services 2249
it performs in the implementation of the major source air-2250
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operation permit program, receives delegation from the 2251
department or the United States Environmental Protection Agency 2252
for implementation of the major source air-operation permit 2253
program, or performs functions, duties, or activities 2254
substantially similar to or duplicative of the services 2255
performed by the department or the United States Environmental 2256
Protection Agency in the implementation of the major source air-2257
operation permit program is prohibited from collecting 2258
additional fees attributable to such services from any source 2259
permitted under s. 403.0872. 2260
Section 25. For the purpose of incorporating the amendment 2261
made by this act to section 403.1838, Florida Statutes, in a 2262
reference thereto, paragraph (d) of subsection (3) of section 2263
403.1835, Florida Statutes, is reenacted to read: 2264
403.1835 Water pollution control financial assistance.— 2265
(3) The department may provide financial assistance 2266
through any program authorized under 33 U.S.C. s. 1383, as 2267
amended, including, but not limited to, making grants and loans, 2268
providing loan guarantees, purchasing loan insurance or other 2269
credit enhancements, and buying or refinancing local debt. This 2270
financial assistance must be administered in accordance with 2271
this section and applicable federal authorities. 2272
(d) The department may make grants to financially 2273
disadvantaged small communities, as defined in s. 403.1838, 2274
using funds made available from grant allocations on loans 2275
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authorized under subsection (4). The grants must be administered 2276
in accordance with s. 403.1838. 2277
Section 26. (1) The following rules are ratified for the 2278
sole and exclusive purpose of satisfying any condition on the 2279
effectiveness imposed under s. 120.541(3), Florida Statutes: 2280
Rules 62-42.200 and 62-42.300, Florida Administrative Code, 2281
titled "Definitions" and "The Lower Santa Fe and Ichetucknee 2282
Rivers and Priority Springs," respectively, as filed for 2283
adoption with the Department of State pursuant to the 2284
certification package dated December 31, 2025. 2285
(2) This section serves no other purpose and may not be 2286
codified in the Florida Statutes. After this act becomes a law, 2287
the enactment and effective dates of this section must be noted 2288
in the Florida Administrative Code, the Florida Administrative 2289
Register, or both, as appropriate. This section does not alter 2290
rulemaking authority delegated by prior law, does not constitute 2291
legislative preemption of or exception to any provision of law 2292
governing adoption or enforcement of the rule cited, and is 2293
intended to preserve the status of any cited rule as a rule 2294
under chapter 120, Florida Statutes. This section does not cure 2295
any rulemaking defect or preempt any challenge based on a lack 2296
of authority or a violation of the legal requirements governing 2297
the adoption of any rule cited. 2298
Section 27. This act shall take effect July 1, 2026. 2299