Florida Senate - 2015                                     SB 918
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00804D-15                                            2015918__
    1                        A bill to be entitled                      
    2         An act relating to environmental resources; amending
    3         s. 259.032, F.S.; requiring the Department of
    4         Environmental Protection to publish, update, and
    5         maintain a database of conservation lands; requiring
    6         the department to submit a report to the Governor and
    7         the Legislature identifying the percentage of such
    8         lands which the public has access to and the efforts
    9         the department has undertaken to increase public
   10         access; amending ss. 260.0144 and 335.065, F.S.;
   11         conforming provisions to changes made by the act;
   12         creating s. 339.81, F.S.; creating the Florida Shared
   13         Use Nonmotorized Trail Network; specifying the
   14         composition of the network; requiring a project
   15         constructed as part of the network to be included in
   16         the Department of Transportation’s work program;
   17         declaring the planning, development, operation, and
   18         maintenance of the network to be a public purpose;
   19         authorizing the spending of public funds and the
   20         acceptance of certain gifts and grants to be used for
   21         such purpose; authorizing the department to transfer
   22         maintenance responsibilities to certain state agencies
   23         and contract with not-for-profit or private sector
   24         entities to provide maintenance services; authorizing
   25         the department to adopt rules; creating s. 339.82,
   26         F.S.; requiring the department to develop a Shared-Use
   27         Nonmotorized Trail Network Plan; creating s. 339.83,
   28         F.S.; authorizing the department to enter into
   29         concession agreements with not-for-profit or private
   30         sector entities for certain commercial sponsorship
   31         signs, markings, and exhibits; authorizing the
   32         department to contract for the provision of certain
   33         services related to the trail sponsorship program;
   34         authorizing the department to reject proposals for
   35         such services, seek other proposals, or perform the
   36         services; authorizing the department to terminate
   37         permits or change locations of sponsorship sites for
   38         construction or improvement of facilities under
   39         certain circumstances; authorizing the department to
   40         adopt rules; amending s. 373.036, F.S.; requiring
   41         certain information to be included in the consolidated
   42         annual report for each project related to water
   43         quality or water quantity; amending s. 373.042, F.S.;
   44         requiring the Department of Environmental Protection
   45         or the governing board of a water management district
   46         to establish a minimum flow or minimum water level for
   47         an Outstanding Florida Spring; requiring the
   48         establishment of interim minimum flows or minimum
   49         water levels if minimum flows or minimum levels have
   50         not been adopted; requiring the application of interim
   51         minimum flows or minimum water levels in water
   52         management districts that may affect an interim
   53         minimum flow or minimum water level established in
   54         another water management district; providing a
   55         deadline for development and implementation of
   56         recovery or prevention strategies under certain
   57         circumstances; amending s. 373.0421, F.S.; conforming
   58         cross-references; creating part VIII of ch. 373, F.S.,
   59         entitled the “Florida Springs and Aquifer Protection
   60         Act”; creating s. 373.801, F.S.; providing legislative
   61         findings and intent; creating s. 373.802, F.S.;
   62         defining terms; creating s. 373.803, F.S.; requiring
   63         the department to delineate a spring protection and
   64         management zone for each Outstanding Florida Spring by
   65         a certain date; requiring the department to adopt by
   66         rule maps and legal descriptions that depict the
   67         delineation of each spring protection and management
   68         zone by a certain date; creating s. 373.805, F.S.;
   69         requiring the department or a water management
   70         district to adopt or revise various recovery or
   71         prevention strategies under certain circumstances by a
   72         certain date; providing minimum requirements for
   73         recovery or prevention strategies for Outstanding
   74         Florida Springs; authorizing local governments to
   75         apply for an extension for projects in an adopted
   76         recovery or prevention strategy; creating s. 373.807,
   77         F.S.; requiring the department to initiate assessments
   78         of Outstanding Florida Springs by a certain date;
   79         requiring the department to develop basin management
   80         action plans; authorizing local governments to apply
   81         for an extension for projects in an adopted basin
   82         management action plan; requiring local governments to
   83         adopt an urban fertilizer ordinance by a certain date;
   84         requiring the department, the Department of Health,
   85         and local governments to identify onsite sewage
   86         treatment and disposal systems within each spring
   87         protection and management zone; requiring local
   88         governments to develop onsite sewage treatment and
   89         disposal system remediation plans; prohibiting
   90         property owners with identified onsite sewage
   91         treatment and disposal systems from being required to
   92         pay certain costs; creating s. 373.809, F.S.;
   93         requiring the department to adopt rules to fund
   94         certain pilot projects; creating s. 373.811, F.S.;
   95         specifying prohibited activities within a spring
   96         protection and management zone of an Outstanding
   97         Florida Spring; creating s. 373.813, F.S.; providing
   98         rulemaking authority; creating s. 373.815, F.S.;
   99         requiring the department to submit annual reports;
  100         amending s. 403.061, F.S.; requiring the department to
  101         create a consolidated water resources work plan;
  102         requiring the department to create and maintain a web
  103         based interactive map; creating s. 403.0616, F.S.;
  104         creating the Florida Water Resources Advisory Council
  105         to provide the Legislature with recommendations for
  106         projects submitted by governmental entities; requiring
  107         the council to consolidate various reports to enhance
  108         the water resources of this state; requiring the
  109         department to adopt rules; amending s. 403.0623, F.S.;
  110         requiring the department to establish certain
  111         standards to ensure statewide consistency; requiring
  112         the department to maintain a centralized database for
  113         testing results and analysis of water quantity and
  114         quality data; providing an effective date.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (g) is added to subsection (11) of
  119  section 259.032, Florida Statutes, to read:
  120         259.032 Conservation and Recreation Lands Trust Fund;
  121  purpose.—
  122         (11)
  123         (g) In order to ensure that the public has knowledge of and
  124  access to conservation lands, as defined in s. 253.034(2)(c),
  125  the department shall publish, update, and maintain a database of
  126  such lands where public access is compatible with conservation
  127  and recreation purposes.
  128         1. By January 1, 2016, the database must be available to
  129  the public online and must include, at a minimum, the location,
  130  types of allowable recreational opportunities, points of public
  131  access, facilities or other amenities, restrictions, and any
  132  other information the department deems appropriate to increase
  133  public awareness of recreational opportunities on conservation
  134  lands. Such data must be electronically accessible, searchable,
  135  and downloadable in a generally acceptable format.
  136         2. The department, through its own efforts or through
  137  partnership with a third-party entity, shall facilitate the
  138  creation of an application downloadable on mobile devices to be
  139  used to locate state lands available for public access using the
  140  users locational information or based upon an activity of
  141  interest.
  142         3.The database and application must include information
  143  for all state conservation lands to which the public has a right
  144  of access for recreational purposes. By January 1, 2018, to the
  145  greatest extent practicable, the database shall include similar
  146  information for lands owned by federal and local government
  147  entities that allow access for recreational purposes.
  148         4. By January 1 of each year, the department shall provide
  149  a report to the Governor, the President of the Senate, and the
  150  Speaker of the House of Representatives describing the
  151  percentage of public lands acquired under this chapter to which
  152  the public has access and efforts undertaken by the department
  153  to increase public access to such lands.
  154         Section 2. Section 260.0144, Florida Statutes, is amended
  155  to read:
  156         260.0144 Sponsorship of state greenways and trails.—The
  157  department may enter into a concession agreement with a not-for
  158  profit entity or private sector business or entity for
  159  commercial sponsorship to be displayed on state greenway and
  160  trail facilities not included within the Shared-Use Nonmotorized
  161  Trail Network established in chapter 339 or property specified
  162  in this section. The department may establish the cost for
  163  entering into a concession agreement.
  164         (1) A concession agreement shall be administered by the
  165  department and must include the requirements found in this
  166  section.
  167         (2)(a) Space for a commercial sponsorship display may be
  168  provided through a concession agreement on certain state-owned
  169  greenway or trail facilities or property.
  170         (b) Signage or displays erected under this section shall
  171  comply with the provisions of s. 337.407 and chapter 479, and
  172  shall be limited as follows:
  173         1. One large sign or display, not to exceed 16 square feet
  174  in area, may be located at each trailhead or parking area.
  175         2. One small sign or display, not to exceed 4 square feet
  176  in area, may be located at each designated trail public access
  177  point.
  178         (c) Before installation, each name or sponsorship display
  179  must be approved by the department.
  180         (d) The department shall ensure that the size, color,
  181  materials, construction, and location of all signs are
  182  consistent with the management plan for the property and the
  183  standards of the department, do not intrude on natural and
  184  historic settings, and contain only a logo selected by the
  185  sponsor and the following sponsorship wording:
  186  
  187         ...(Name of the sponsor)... proudly sponsors the costs
  188         of maintaining the ...(Name of the greenway or
  189         trail)....
  190  
  191         (e) Sponsored state greenways and trails are authorized at
  192  the following facilities or property:
  193         1. Florida Keys Overseas Heritage Trail.
  194         2. Blackwater Heritage Trail.
  195         3. Tallahassee-St. Marks Historic Railroad State Trail.
  196         4. Nature Coast State Trail.
  197         5. Withlacoochee State Trail.
  198         6. General James A. Van Fleet State Trail.
  199         7. Palatka-Lake Butler State Trail.
  200         (e)(f) The department may enter into commercial sponsorship
  201  agreements for other state greenways or trails as authorized in
  202  this section. A qualified entity that desires to enter into a
  203  commercial sponsorship agreement shall apply to the department
  204  on forms adopted by department rule.
  205         (f)(g) All costs of a display, including development,
  206  construction, installation, operation, maintenance, and removal
  207  costs, shall be paid by the concessionaire.
  208         (3) A concession agreement shall be for a minimum of 1
  209  year, but may be for a longer period under a multiyear
  210  agreement, and may be terminated for just cause by the
  211  department upon 60 days’ advance notice. Just cause for
  212  termination of a concession agreement includes, but is not
  213  limited to, violation of the terms of the concession agreement
  214  or any provision of this section.
  215         (4) Commercial sponsorship pursuant to a concession
  216  agreement is for public relations or advertising purposes of the
  217  not-for-profit entity or private sector business or entity, and
  218  may not be construed by that not-for-profit entity or private
  219  sector business or entity as having a relationship to any other
  220  actions of the department.
  221         (5) This section does not create a proprietary or
  222  compensable interest in any sign, display site, or location.
  223         (6) Proceeds from concession agreements shall be
  224  distributed as follows:
  225         (a) Eighty-five percent shall be deposited into the
  226  appropriate department trust fund that is the source of funding
  227  for management and operation of state greenway and trail
  228  facilities and properties.
  229         (b) Fifteen percent shall be deposited into the State
  230  Transportation Trust Fund for use in the Traffic and Bicycle
  231  Safety Education Program and the Safe Paths to School Program
  232  administered by the Department of Transportation.
  233         (7) The department may adopt rules to administer this
  234  section.
  235         Section 3. Subsections (3) and (4) of section 335.065,
  236  Florida Statutes, are amended to read:
  237         335.065 Bicycle and pedestrian ways along state roads and
  238  transportation facilities.—
  239         (3) The department, in cooperation with the Department of
  240  Environmental Protection, shall establish a statewide integrated
  241  system of bicycle and pedestrian ways in such a manner as to
  242  take full advantage of any such ways which are maintained by any
  243  governmental entity. The department may enter into a concession
  244  agreement with a not-for-profit entity or private sector
  245  business or entity for commercial sponsorship displays on
  246  multiuse trails and related facilities and use any concession
  247  agreement revenues for the maintenance of the multiuse trails
  248  and related facilities. Commercial sponsorship displays are
  249  subject to the requirements of the Highway Beautification Act of
  250  1965 and all federal laws and agreements, when applicable. For
  251  the purposes of this section, bicycle facilities may be
  252  established as part of or separate from the actual roadway and
  253  may utilize existing road rights-of-way or other rights-of-way
  254  or easements acquired for public use.
  255         (a) A concession agreement shall be administered by the
  256  department and must include the requirements of this section.
  257         (b)1. Signage or displays erected under this section shall
  258  comply with s. 337.407 and chapter 479 and shall be limited as
  259  follows:
  260         a. One large sign or display, not to exceed 16 square feet
  261  in area, may be located at each trailhead or parking area.
  262         b. One small sign or display, not to exceed 4 square feet
  263  in area, may be located at each designated trail public access
  264  point.
  265         2. Before installation, each name or sponsorship display
  266  must be approved by the department.
  267         3. The department shall ensure that the size, color,
  268  materials, construction, and location of all signs are
  269  consistent with the management plan for the property and the
  270  standards of the department, do not intrude on natural and
  271  historic settings, and contain only a logo selected by the
  272  sponsor and the following sponsorship wording:
  273  
  274         ...(Name of the sponsor)... proudly sponsors the costs
  275         of maintaining the ...(Name of the greenway or
  276         trail)....
  277  
  278         4. All costs of a display, including development,
  279  construction, installation, operation, maintenance, and removal
  280  costs, shall be paid by the concessionaire.
  281         (c) A concession agreement shall be for a minimum of 1
  282  year, but may be for a longer period under a multiyear
  283  agreement, and may be terminated for just cause by the
  284  department upon 60 days’ advance notice. Just cause for
  285  termination of a concession agreement includes, but is not
  286  limited to, violation of the terms of the concession agreement
  287  or this section.
  288         (4)(a) The department may use appropriated funds to support
  289  the establishment of a statewide system of interconnected
  290  multiuse trails and to pay the costs of planning, land
  291  acquisition, design, and construction of such trails and related
  292  facilities. The department shall give funding priority to
  293  projects that:
  294         1. Are identified by the Florida Greenways and Trails
  295  Council as a priority within the Florida Greenways and Trails
  296  System under chapter 260.
  297         2. Support the transportation needs of bicyclists and
  298  pedestrians.
  299         3. Have national, statewide, or regional importance.
  300         4. Facilitate an interconnected system of trails by
  301  completing gaps between existing trails.
  302         (b) A project funded under this subsection shall:
  303         1. Be included in the department’s work program developed
  304  in accordance with s. 339.135.
  305         2. Be operated and maintained by an entity other than the
  306  department upon completion of construction. The department is
  307  not obligated to provide funds for the operation and maintenance
  308  of the project.
  309         Section 4. Section 339.81, Florida Statutes, is created to
  310  read:
  311         339.81 Florida Shared-Use Nonmotorized Trail Network.—
  312         (1) The Florida Shared-Use Nonmotorized Trail Network is
  313  created as a component of the Florida Greenways and Trails
  314  System established in chapter 260. The network consists of
  315  multiuse trails or shared-use paths physically separated from
  316  motor vehicle traffic and constructed with asphalt, concrete, or
  317  another hard surface which, by virtue of design, location,
  318  extent of connectivity or potential connectivity, and allowable
  319  uses, provide nonmotorized transportation opportunities for
  320  bicyclists and pedestrians between and within a wide range of
  321  points of origin and destinations, including, but not limited
  322  to, communities, conservation areas, state parks, beaches, and
  323  other natural or cultural attractions for a variety of trip
  324  purposes, including work, school, shopping, and other personal
  325  business, as well as social, recreational, and personal fitness
  326  purposes.
  327         (2) Network components do not include sidewalks, nature
  328  trails, loop trails wholly within a single park or natural area,
  329  or on-road facilities, such as bicycle lanes or routes other
  330  than:
  331         (a) On-road facilities that are no greater than one-half
  332  mile in length connecting two or more nonmotorized trails, if
  333  the provision of non-road facilities is unfeasible and if such
  334  on-road facilities are signed and marked for nonmotorized use;
  335  or
  336         (b) On-road components of the Florida Keys Overseas
  337  Heritage Trail.
  338         (3) The department shall include a project to be
  339  constructed as part of the Shared-Use Nonmotorized Trail Network
  340  in its work program developed pursuant to s. 339.135.
  341         (4) The planning, development, operation, and maintenance
  342  of the Shared-Use Nonmotorized Trail Network is declared to be a
  343  public purpose, and the department, together with other agencies
  344  of this state and all counties, municipalities, and special
  345  districts of this state, may spend public funds for such
  346  purposes and may accept gifts and grants of funds, property, or
  347  property rights from public or private sources to be used for
  348  such purposes.
  349         (5) The department may enter into a memorandum of agreement
  350  with a local government or other agency of the state to transfer
  351  maintenance responsibilities of an individual network component.
  352  The department may contract with a not-for-profit entity or
  353  private sector business or entity to provide maintenance
  354  services on an individual network component.
  355         (6) The department may adopt rules to aid in the
  356  development and maintenance of components of the network.
  357         Section 5. Section 339.82, Florida Statutes, is created to
  358  read:
  359         339.82 Shared-Use Nonmotorized Trail Network Plan.—
  360         (1) The department shall develop a Shared-Use Nonmotorized
  361  Trail Network Plan in coordination with the Department of
  362  Environmental Protection, metropolitan planning organizations,
  363  affected local governments and public agencies, and the Florida
  364  Greenways and Trails Council. The plan must be consistent with
  365  the Florida Greenways and Trails Plan developed under s. 260.014
  366  and must be updated at least once every 5 years.
  367         (2) The Shared-Use Nonmotorized Trail Network Plan must
  368  include all of the following:
  369         (a) A needs assessment, including, but not limited to, a
  370  comprehensive inventory and analysis of existing trails that may
  371  be considered for inclusion in the Shared-Use Nonmotorized Trail
  372  Network.
  373         (b) A project prioritization process that includes
  374  assigning funding priority to projects that:
  375         1. Are identified by the Florida Greenways and Trails
  376  Council as a priority within the Florida Greenways and Trails
  377  System under chapter 260;
  378         2. Facilitate an interconnected network of trails by
  379  completing gaps between existing facilities; and
  380         3. Maximize use of federal, local, and private funding and
  381  support mechanisms, including, but not limited to, donation of
  382  funds, real property, and maintenance responsibilities.
  383         (c) A map illustrating existing and planned facilities and
  384  identifying critical gaps between facilities.
  385         (d) A finance plan based on reasonable projections of
  386  anticipated revenues, including both 5-year and 10-year cost
  387  feasible components.
  388         (e) Performance measures that include quantifiable
  389  increases in trail network access and connectivity.
  390         (f) A timeline for the completion of the base network using
  391  new and existing data from the department, the Department of
  392  Environmental Protection, and other sources.
  393         (g) A marketing plan prepared in consultation with the
  394  Florida Tourism Industry Marketing Corporation.
  395         Section 6. Section 339.83, Florida Statutes, is created to
  396  read:
  397         339.83 Sponsorship of Shared-Use Nonmotorized Trails.—
  398         (1) The department may enter into a concession agreement
  399  with a not-for-profit entity or private sector business or
  400  entity for commercial sponsorship signs, pavement markings, and
  401  exhibits on nonmotorized trails and related facilities
  402  constructed as part of the Shared-Use Nonmotorized Trail
  403  Network. The concession agreement may also provide for
  404  recognition of trail sponsors in any brochure, map, or website
  405  providing trail information. Trail websites may provide links to
  406  sponsors. Revenue from such agreements may be used for the
  407  maintenance of the nonmotorized trails and related facilities.
  408         (a) A concession agreement shall be administered by the
  409  department.
  410         (b)1. Signage, pavement markings, or exhibits erected
  411  pursuant to this section must comply with s. 337.407 and chapter
  412  479 and are limited as follows:
  413         a. One large sign, pavement marking, or exhibit, not to
  414  exceed 16 square feet in area, may be located at each trailhead
  415  or parking area.
  416         b. One small sign, pavement marking, or exhibit, not to
  417  exceed 4 square feet in area, may be located at each designated
  418  trail public access point where parking is not provided.
  419         c. Pavement markings denoting specified distances must be
  420  located at least 1 mile apart.
  421         2. Before installation, each sign, pavement marking, or
  422  exhibit must be approved by the department.
  423         3. The department shall ensure that the size, color,
  424  materials, construction, and location of all signs, pavement
  425  markings, and exhibits are consistent with the management plan
  426  for the property and the standards of the department, do not
  427  intrude on natural and historic settings, and contain a logo
  428  selected by the sponsor and the following sponsorship wording:
  429  
  430         ...(Name of the sponsor)... proudly sponsors the costs
  431         of maintaining the ...(Name of the greenway or
  432         trail)....
  433  
  434         4. Exhibits may provide additional information and
  435  materials including, but not limited to, maps and brochures for
  436  trail user services related or proximate to the trail. Pavement
  437  markings may display mile marker information.
  438         5. The costs of a sign, pavement marking, or exhibit,
  439  including development, construction, installation, operation,
  440  maintenance, and removal costs, shall be paid by the
  441  concessionaire.
  442         (c) A concession agreement shall be for a minimum of 1
  443  year, but may be for a longer period under a multiyear
  444  agreement, and may be terminated for just cause by the
  445  department upon 60 days’ advance notice. Just cause for
  446  termination of a concession agreement includes, but is not
  447  limited to, violation of the terms of the concession agreement
  448  or this section.
  449         (2) Pursuant to s. 287.057, the department may contract for
  450  the provision of services related to the trail sponsorship
  451  program, including recruitment and qualification of businesses,
  452  review of applications, permit issuance, and fabrication,
  453  installation, and maintenance of signs, pavement markings, and
  454  exhibits. The department may reject all proposals and seek
  455  another request for proposals or otherwise perform the work. The
  456  contract may allow the contractor to retain a portion of the
  457  annual fees as compensation for its services.
  458         (3) This section does not create a proprietary or
  459  compensable interest in any sponsorship site or location for any
  460  permittee, and the department may terminate permits or change
  461  locations of sponsorship sites as it determines necessary for
  462  construction or improvement of facilities.
  463         (4) The department may adopt rules to establish
  464  requirements for qualification of businesses, qualification and
  465  location of sponsorship sites, and permit applications and
  466  processing. The department may adopt rules to establish other
  467  criteria necessary to implement this section and to provide for
  468  variances when necessary to serve the interest of the public or
  469  when required to ensure equitable treatment of program
  470  participants.
  471         Section 7. Paragraph (b) of subsection (7) of section
  472  373.036, Florida Statutes, is amended, present paragraphs (d)
  473  and (e) of subsection (7) are redesignated as paragraphs (e) and
  474  (f), respectively, and a new paragraph (d) is added to that
  475  subsection, to read:
  476         373.036 Florida water plan; district water management
  477  plans.—
  478         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  479         (b) The consolidated annual report shall contain the
  480  following elements, as appropriate to that water management
  481  district:
  482         1. A district water management plan annual report or the
  483  annual work plan report allowed in subparagraph (2)(e)4.
  484         2. The department-approved minimum flows and levels annual
  485  priority list and schedule required by s. 373.042(3) s.
  486  373.042(2).
  487         3. The annual 5-year capital improvements plan required by
  488  s. 373.536(6)(a)3.
  489         4. The alternative water supplies annual report required by
  490  s. 373.707(8)(n).
  491         5. The final annual 5-year water resource development work
  492  program required by s. 373.536(6)(a)4.
  493         6. The Florida Forever Water Management District Work Plan
  494  annual report required by s. 373.199(7).
  495         7. The mitigation donation annual report required by s.
  496  373.414(1)(b)2.
  497         (d) The consolidated annual report must contain information
  498  on all projects related to water quality or water quantity as
  499  part of a 5-year work program, including:
  500         1. A list of all specific projects identified to implement
  501  a basin management action plan or a recovery or prevention
  502  strategy;
  503         2. A priority grading scale representing the level of
  504  impairment and violations of adopted or interim minimum flow or
  505  minimum water level for each watershed, water body, or water
  506  segment in which a project is located;
  507         3. A priority ranking for each listed project, which must
  508  be made available to the public for comment at least 30 days
  509  before submission of the consolidated annual report;
  510         4. The estimated cost for each listed project;
  511         5.The estimated completion date for each listed project;
  512         6. The source and amount of financial assistance to be made
  513  available by the department, a water management district, or
  514  other entity for each listed project; and
  515         7.A quantitative estimate of each listed project’s benefit
  516  to the watershed, water body, or water segment in which it is
  517  located.
  518         Section 8. Subsection (1) and present subsections (2) and
  519  (6) of section 373.042, Florida Statutes, are amended, present
  520  subsections (2) through (6) of that section are redesignated as
  521  subsections (3) through (7), respectively, and a new subsection
  522  (2) is added to that section, to read:
  523         373.042 Minimum flows and levels.—
  524         (1) Within each section, or within the water management
  525  district as a whole, the department or the governing board shall
  526  establish the following:
  527         (a) Minimum flow for all surface watercourses in the area.
  528  The minimum flow for a given watercourse is shall be the limit
  529  at which further withdrawals would be significantly harmful to
  530  the water resources or ecology of the area.
  531         (b) Minimum water level. The minimum water level is shall
  532  be the level of groundwater in an aquifer and the level of
  533  surface water at which further withdrawals would be
  534  significantly harmful to the water resources or ecology of the
  535  area.
  536         (c) Minimum flow or minimum water level for an Outstanding
  537  Florida Spring, as defined in s. 373.802. The minimum flow or
  538  minimum water level are the limit and level, respectively, at
  539  which further withdrawals would be harmful to the water
  540  resources or ecology of the area.
  541  
  542  The minimum flow and minimum water level shall be calculated by
  543  the department and the governing board using the best
  544  information available. When appropriate, minimum flows and
  545  minimum water levels may be calculated to reflect seasonal
  546  variations. The department and the governing board shall also
  547  consider, and at their discretion may provide for, the
  548  protection of nonconsumptive uses in the establishment of
  549  minimum flows and minimum water levels.
  550         (2)(a)Until such time as a minimum flow or minimum water
  551  level is adopted for an Outstanding Florida Spring, the interim
  552  minimum flow or minimum water level for such spring shall be
  553  determined by using the best existing and available information.
  554  The interim minimum flow or minimum water level is the flow or
  555  water level exceeded 67 percent of the time based upon an
  556  analysis of estimated long-term conditions. By January 1, 2016,
  557  the districts shall use reasonable calculations to estimate the
  558  long-term median flow or water level and the flow or water level
  559  that would be exceeded 67 percent of the time. The analysis may
  560  include construction of a flow or water level duration curve, an
  561  analysis of the flow or water level at any point in the spring,
  562  and historic data to extrapolate the values or other statistical
  563  methods to estimate the long-term median flow or water level
  564  that would be exceeded 67 percent of the time.
  565         (b) If a minimum flow or minimum water level has been
  566  established but not yet adopted for an Outstanding Florida
  567  Spring, a water management district shall use the established
  568  minimum flow or minimum water level, instead of the minimum flow
  569  or minimum water level established by the procedure in paragraph
  570  (a), as the interim minimum flow or minimum water level until
  571  the adoption of a minimum flow or minimum water level.
  572         (c) For Outstanding Florida Springs identified on a water
  573  management district’s priority list developed pursuant to
  574  subsection (3) which have the potential to be affected by
  575  withdrawals in an adjacent district, the interim minimum flow or
  576  minimum water level shall be applied by the adjacent district or
  577  districts. By July 1, 2017, the adjacent districts and the
  578  department shall collaboratively develop and implement a
  579  recovery or prevention strategy for an Outstanding Florida
  580  Spring not meeting an adopted or interim minimum flow or minimum
  581  water level.
  582         (3)(2) By November 15, 1997, and annually thereafter, each
  583  water management district shall submit to the department for
  584  review and approval a priority list and schedule for the
  585  establishment of minimum flows and levels for surface
  586  watercourses, aquifers, and surface waters within the district.
  587  The priority list and schedule shall identify those listed water
  588  bodies for which the district will voluntarily undertake
  589  independent scientific peer review; any reservations proposed by
  590  the district to be established pursuant to s. 373.223(4); and
  591  those listed water bodies that have the potential to be affected
  592  by withdrawals in an adjacent district for which the
  593  department’s adoption of a reservation pursuant to s. 373.223(4)
  594  or a minimum flow or level pursuant to subsection (1) may be
  595  appropriate. By March 1, 2006, and annually thereafter, each
  596  water management district shall include its approved priority
  597  list and schedule in the consolidated annual report required by
  598  s. 373.036(7). The priority list shall be based upon the
  599  importance of the waters to the state or region and the
  600  existence of or potential for significant harm to the water
  601  resources or ecology of the state or region, and shall include
  602  those waters which are experiencing or may reasonably be
  603  expected to experience adverse impacts. Each water management
  604  district’s priority list and schedule shall include all first
  605  magnitude springs, and all second magnitude springs within state
  606  or federally owned lands purchased for conservation purposes.
  607  The specific schedule for establishment of spring minimum flows
  608  and levels shall be commensurate with the existing or potential
  609  threat to spring flow from consumptive uses. Springs within the
  610  Suwannee River Water Management District, or second magnitude
  611  springs in other areas of the state, need not be included on the
  612  priority list if the water management district submits a report
  613  to the Department of Environmental Protection demonstrating that
  614  adverse impacts are not now occurring nor are reasonably
  615  expected to occur from consumptive uses during the next 20
  616  years. The priority list and schedule is not subject to any
  617  proceeding pursuant to chapter 120. Except as provided in
  618  subsection (4) (3), the development of a priority list and
  619  compliance with the schedule for the establishment of minimum
  620  flows and levels pursuant to this subsection satisfies the
  621  requirements of subsection (1).
  622         (7)(6) If a petition for administrative hearing is filed
  623  under chapter 120 challenging the establishment of a minimum
  624  flow or level, the report of an independent scientific peer
  625  review conducted under subsection (5) (4) is admissible as
  626  evidence in the final hearing, and the administrative law judge
  627  must render the order within 120 days after the filing of the
  628  petition. The time limit for rendering the order shall not be
  629  extended except by agreement of all the parties. To the extent
  630  that the parties agree to the findings of the peer review, they
  631  may stipulate that those findings be incorporated as findings of
  632  fact in the final order.
  633         Section 9. Paragraph (a) of subsection (1) of section
  634  373.0421, Florida Statutes, is amended to read:
  635         373.0421 Establishment and implementation of minimum flows
  636  and levels.—
  637         (1) ESTABLISHMENT.—
  638         (a) Considerations.—When establishing minimum flows and
  639  minimum water levels pursuant to s. 373.042, the department or
  640  governing board shall consider changes and structural
  641  alterations to watersheds, surface waters, and aquifers and the
  642  effects such changes or alterations have had, and the
  643  constraints such changes or alterations have placed, on the
  644  hydrology of an affected watershed, surface water, or aquifer,
  645  provided that nothing in this paragraph shall allow significant
  646  harm as provided by s. 373.042(1)(a) and (b), or harm as
  647  provided by s. 373.042(1)(c), caused by withdrawals.
  648         Section 10. Part VIII of chapter 373, Florida Statutes,
  649  consisting of sections 373.801, 373.802, 373.803, 373.805,
  650  373.807, 373.809, 373.811, 373.813, and 373.815, Florida
  651  Statutes, is created and entitled the “Florida Springs and
  652  Aquifer Protection Act.”
  653         Section 11. Section 373.801, Florida Statutes, is created
  654  to read:
  655         373.801Legislative findings and intent.—
  656         (1)The Legislature finds that springs are a unique part of
  657  this state’s scenic beauty. Springs provide critical habitat for
  658  plants and animals, including many endangered or threatened
  659  species. Springs also provide immeasurable natural,
  660  recreational, economic, and inherent value. Flow level and water
  661  quality of springs are indicators of local conditions of the
  662  Floridan Aquifer, which is the source of drinking water for many
  663  residents of this state. Springs are of great scientific
  664  importance in understanding the diverse functions of aquatic
  665  ecosystems. In addition, springs provide recreational
  666  opportunities for swimming, canoeing, wildlife watching,
  667  fishing, cave diving, and many other activities in this state.
  668  These recreational opportunities and the accompanying tourism
  669  they provide are a benefit to local economies and the economy of
  670  the state as a whole.
  671         (2) Water quantity and water quality in springs are
  672  related. For regulatory purposes, the department has primary
  673  responsibility for water quality; the water management districts
  674  have primary responsibility for water quantity; the Department
  675  of Agriculture and Consumer Services has primary responsibility
  676  for the development and implementation of best management
  677  practices; and the local governments have primary responsibility
  678  for providing wastewater and stormwater management. The
  679  foregoing responsible entities must coordinate to restore and
  680  maintain the water quantity and water quality of the Outstanding
  681  Florida Springs.
  682         (3) The Legislature recognizes that:
  683         (a)Springs are only as healthy as their springsheds. The
  684  groundwater that supplies springs is derived from water that
  685  recharges the aquifer system in the form of seepage from the
  686  land surface and through direct conduits, such as sinkholes.
  687  Springs may be adversely affected by polluted runoff from urban
  688  and agricultural lands; discharge resulting from inadequate
  689  wastewater and stormwater management practices; stormwater
  690  runoff; and reduced water levels of the Floridan Aquifer. As a
  691  result, the hydrologic and environmental conditions of a spring
  692  or spring run are directly influenced by activities and land
  693  uses within a springshed and by water withdrawals from the
  694  Floridan Aquifer.
  695         (b)Springs, whether found in urban or rural settings, or
  696  on public or private lands, are threatened by actual or
  697  potential flow reductions and declining water quality. Many of
  698  this state’s springs are demonstrating signs of significant
  699  ecological imbalance, increased nutrient loading, and declining
  700  water flow. Without effective remedial action, further declines
  701  in water quality and water quantity may occur.
  702         (c)Springshed boundaries and areas of high vulnerability
  703  within a springshed need to be identified and delineated using
  704  the best available data.
  705         (d)Springsheds typically cross water management district
  706  boundaries and local government jurisdictional boundaries, so a
  707  coordinated statewide springs protection plan is needed.
  708         (e)The aquifers and springs of this state are complex
  709  systems affected by many variables and influences.
  710         (4)The Legislature recognizes that sufficient information
  711  exists to act, action is urgently needed, and, as additional
  712  data is acquired, action must be continually modified.
  713         Section 12. Section 373.802, Florida Statutes, is created
  714  to read:
  715         373.802 Definitions.—As used in this part, the term:
  716         (1)“Department” means the Department of Environmental
  717  Protection, which includes the Florida Geological Survey or its
  718  successor agencies.
  719         (2)“Local government” means a county or municipal
  720  government the jurisdictional boundaries of which include an
  721  Outstanding Florida Spring or any part of a springshed or
  722  delineated spring protection and management zone of an
  723  Outstanding Florida Spring.
  724         (3)“Onsite sewage treatment and disposal system” means a
  725  system that contains a standard subsurface, filled, or mound
  726  drainfield system; an aerobic treatment unit; a graywater system
  727  tank; a laundry wastewater system tank; a septic tank; a grease
  728  interceptor; a pump tank; a solids or effluent pump; a
  729  waterless, incinerating, or organic waste-composting toilet; or
  730  a sanitary pit privy that is installed or proposed to be
  731  installed beyond the building sewer on land of the owner or on
  732  other land on which the owner has the legal right to install
  733  such system. The term includes any item placed within, or
  734  intended to be used as a part of or in conjunction with, the
  735  system. The term does not include package sewage treatment
  736  facilities and other treatment works regulated under chapter
  737  403.
  738         (4)“Outstanding Florida Spring” includes all historic
  739  first magnitude springs, as determined by the department using
  740  the most recent Florida Geological Survey springs bulletin, and
  741  the following springs, and their associated spring runs:
  742         (a)De Leon Springs;
  743         (b)Peacock Springs;
  744         (c) Poe Springs;
  745         (d)Rock Springs;
  746         (e)Wekiwa Springs; and
  747         (f) Gemini Springs.
  748         (5)“Springshed” means the areas within the groundwater and
  749  surface water basins which contribute, based upon all relevant
  750  facts, circumstances, and data, to the discharge of a spring as
  751  defined by potentiometric surface maps and surface watershed
  752  boundaries.
  753         (6)“Spring protection and management zone” means the area
  754  or areas of a springshed where the Floridan Aquifer is
  755  vulnerable to sources of contamination or reduced levels, as
  756  determined by the department in consultation with the
  757  appropriate water management districts.
  758         (7)“Spring run” means a body of flowing water that
  759  originates from a spring or whose primary source of water is a
  760  spring or springs under average rainfall conditions.
  761         (8) “Spring vent” means a location where groundwater flows
  762  out of a natural, discernable opening in the ground onto the
  763  land surface or into a predominantly fresh surface water body.
  764         Section 13. Section 373.803, Florida Statutes, is created
  765  to read:
  766         373.803 Delineation of spring protection and management
  767  zones for Outstanding Florida Springs.—Using the best data
  768  available from the water management districts and other credible
  769  sources, the department, in coordination with the water
  770  management districts, shall delineate one or more spring
  771  protection and management zones for each Outstanding Florida
  772  Spring. In delineating spring protection and management zones,
  773  the department shall consider groundwater travel time to the
  774  spring, hydrogeology, and nutrient load. The delineation of
  775  spring protection and management zones must be completed by July
  776  1, 2016. In conjunction with delineating spring protection and
  777  management zones, the department shall adopt by rule maps and
  778  legal descriptions that depict the delineated spring protection
  779  and management zones as soon as practicable but no later than
  780  July 1, 2017.
  781         Section 14. Section 373.805, Florida Statutes, is created
  782  to read:
  783         373.805 Minimum flows and minimum water levels for
  784  Outstanding Florida Springs.—
  785         (1)(a)At the time a minimum flow or minimum water level is
  786  adopted for an Outstanding Florida Spring, if the spring is
  787  below or is projected within 20 years to fall below the minimum
  788  flow or minimum water level, a water management district or the
  789  department shall simultaneously adopt a recovery or prevention
  790  strategy.
  791         (b) When an interim minimum flow or minimum water level is
  792  established pursuant to s. 373.042(2) for an Outstanding Florida
  793  Spring, the water management district or the department shall
  794  adopt a recovery or prevention strategy by July 1, 2017, if the
  795  spring is below or is projected within 20 years to fall below
  796  the interim minimum flow or minimum water level.
  797         (2) For an Outstanding Florida Spring, a minimum flow or
  798  minimum water level adopted before July 1, 2015, must be revised
  799  by July 1, 2018. When a minimum flow or minimum water level is
  800  revised, if the spring is below or is projected within 20 years
  801  to fall below the revised minimum flow or minimum water level, a
  802  water management district or the department shall simultaneously
  803  adopt a recovery or prevention strategy or modify an existing
  804  recovery or prevention strategy. A district or the department
  805  may adopt the revised minimum flow or minimum water level before
  806  the adoption of a recovery or prevention strategy if the revised
  807  minimum flow or minimum water level is less constraining on
  808  existing or projected future consumptive uses.
  809         (3) For an Outstanding Florida Spring without an adopted
  810  recovery or prevention strategy, if a district or the department
  811  determines the spring has fallen below, or is projected within
  812  20 years to fall below the adopted or interim minimum flow or
  813  minimum water level, a water management district or the
  814  department shall expeditiously adopt a recovery or prevention
  815  strategy.
  816         (4) The recovery or prevention strategy for each
  817  Outstanding Florida Spring must, at a minimum, include:
  818         (a) A listing of all specific projects identified for
  819  implementation of the plan;
  820         (b) A priority listing of each project;
  821         (c) For each listed project, the estimated cost of and the
  822  estimated date of completion;
  823         (d) The source and amount of financial assistance to be
  824  made available by the water management district for each listed
  825  project, which may not be less than 25 percent of the total
  826  project cost unless a specific funding source or sources are
  827  identified which will provide more than 75 percent of the total
  828  project cost. The Northwest Florida Water Management District
  829  and the Suwannee River Water Management District are not
  830  required to provide matching funds pursuant to this paragraph;
  831         (e) An estimate of each listed project’s benefit to an
  832  Outstanding Florida Spring;
  833         (f)A map and legal descriptions depicting the spring
  834  protection and management zones established pursuant to s.
  835  373.803; and
  836         (g) An implementation plan to achieve the adopted or
  837  interim minimum flow or minimum water level within 20 years
  838  after the adoption of a recovery or prevention strategy. The
  839  implementation plan must include measureable interim milestones
  840  to be achieved within 5, 10, and 15 years, respectively, to
  841  achieve the adopted or interim minimum flow or minimum water
  842  level.
  843         (5) A local government may apply to the department for an
  844  extension of up to 5 years for any project in an adopted
  845  recovery or prevention strategy. The department may grant the
  846  extension if the local government provides to the department
  847  sufficient evidence that an extension is in the best interest of
  848  the public. For a local government in a rural area of
  849  opportunity, as defined in s. 288.0656, the department may grant
  850  an extension of up to 10 years.
  851         Section 15. Section 373.807, Florida Statutes, is created
  852  to read:
  853         373.807 Protection of water quality in Outstanding Florida
  854  Springs.—By July 1, 2015, the department shall initiate
  855  assessment, pursuant to s. 403.067(3), of each Outstanding
  856  Florida Spring for which an impairment determination has not
  857  been made under the numeric nutrient standards in effect for
  858  spring vents. Assessments must be completed by July 1, 2018.
  859         (1)(a) Simultaneously with the adoption of a nutrient total
  860  maximum daily load for an Outstanding Florida Spring, the
  861  department, or the department in conjunction with a water
  862  management district, shall initiate development of a basin
  863  management action plan, as specified in s. 403.067. For an
  864  Outstanding Florida Spring with a nutrient total maximum daily
  865  load adopted before July 1, 2015, the department, or the
  866  department in conjunction with a water management district,
  867  shall initiate development of a basin management action plan by
  868  July 1, 2015. During the development of a basin management
  869  action plan, if the department identifies onsite sewage
  870  treatment and disposal systems as significant nonpoint sources
  871  of nutrient pollution which need to be addressed within a local
  872  government jurisdiction, the department shall notify the local
  873  government within 30 days. The local government shall develop an
  874  onsite sewage treatment and disposal system remediation plan
  875  pursuant to subsection (3) for those systems identified as
  876  significant nonpoint sources of nutrient pollution for inclusion
  877  in the basin management action plan.
  878         (b) A basin management action plan for an Outstanding
  879  Florida Spring shall be adopted within 3 years after its
  880  initiation and must include, at a minimum:
  881         1. A list of all specific projects identified to implement
  882  a nutrient total maximum daily load;
  883         2. A list of all specific projects identified in an onsite
  884  sewage treatment and disposal system remediation plan, if
  885  applicable;
  886         3. A priority rank for each listed project;
  887         4.For each listed project, the estimated cost of and the
  888  estimated date of completion;
  889         5. The source and amount of financial assistance to be made
  890  available by the department, a water management district, or
  891  other entity for each listed project;
  892         6.An estimate of each listed project’s nutrient load
  893  reduction;
  894         7.A map and legal descriptions depicting the spring
  895  protection and management zones established pursuant to s.
  896  373.803;
  897         8.Identification of each point source or category of
  898  nonpoint sources, including, but not limited to, urban turf
  899  fertilizer, sports turf fertilizer, agricultural fertilizer,
  900  onsite sewage treatment and disposal systems, wastewater
  901  treatment facilities, animal wastes, and stormwater facilities.
  902  An estimated allocation of the pollutant load must be provided
  903  for each point source or category of nonpoint sources; and
  904         9. An implementation plan to achieve the adopted nutrient
  905  total maximum daily load within 20 years after the adoption of a
  906  basin management action plan. The plan must include measureable
  907  interim milestones to be achieved within 5, 10, and 15 years,
  908  respectively, to achieve the adopted nutrient total maximum
  909  daily load.
  910         (c) For a basin management action plan adopted before July
  911  1, 2015, which addresses an Outstanding Florida Spring, the
  912  department or the department in conjunction with a water
  913  management district must revise the plan pursuant to this
  914  section by July 1, 2018.
  915         (d) Upon approval of an onsite sewage treatment and
  916  disposal system remediation plan by the department, the plan
  917  shall be deemed incorporated as part of the appropriate basin
  918  management action plan pursuant to s. 403.067(7) until such time
  919  as the basin management action plan is revised.
  920         (e) A local government may apply to the department for an
  921  extension of up to 5 years for any project in an adopted basin
  922  management action plan. A local government in a rural area of
  923  opportunity, as defined in s. 288.0656, may apply for an
  924  extension of up to 10 years for such a project. The department
  925  may grant the extension if the local government provides to the
  926  department sufficient evidence that an extension is in the best
  927  interest of the public.
  928         (2) Within 6 months after the delineation of a spring
  929  protection and management zone or zones of an Outstanding
  930  Florida Spring that is fully or partially within the
  931  jurisdiction of a local government, a local government must
  932  develop, enact, and implement an ordinance that meets or exceeds
  933  the requirements of the department’s Model Ordinance for
  934  Florida-Friendly Fertilizer Use on Urban Landscapes. Such
  935  ordinance must require that, within a spring protection and
  936  management zone of an Outstanding Florida Spring with an adopted
  937  nutrient total maximum daily load, the nitrogen application rate
  938  of any fertilizer applied to turf or landscape plants may not
  939  exceed the lowest basic maintenance rate of the most recent
  940  recommendations by the Institute of Food and Agricultural
  941  Sciences. The department shall adopt rules to implement this
  942  subsection which establish reasonable minimum standards and
  943  reflect advancements or improvements regarding nutrient load
  944  reductions.
  945         (3)By July 1, 2017, the department, in conjunction with
  946  the Department of Health and local governments, must identify
  947  onsite sewage treatment and disposal systems within each spring
  948  protection and management zone. Within 60 days after the
  949  department’s completion of the identification of these systems,
  950  the department shall provide the location of the systems to the
  951  local governments in which they are located. If notified by the
  952  department pursuant to subsection (1), the local government, in
  953  consultation with the department, shall develop an onsite sewage
  954  treatment and disposal system remediation plan within 12 months
  955  after notification by the department. For each onsite sewage
  956  treatment and disposal system or group of systems that is a
  957  significant contributor of nonpoint source nutrient pollution,
  958  the plan must include whether the system requires repair,
  959  upgrade, connection to a central sewerage system, or no action.
  960  The plan must include a priority ranking for each system or
  961  group of systems that require remediation. Each remediation plan
  962  must be submitted to the department for approval.
  963         (a) In reviewing and approving the remediation plans, the
  964  department shall consider, at a minimum:
  965         1. The density of onsite sewage treatment and disposal
  966  systems;
  967         2. The number of onsite sewage treatment and disposal
  968  systems;
  969         3. The proximity of the onsite sewage treatment and
  970  disposal system or systems to an Outstanding Florida Spring;
  971         4. The estimated nutrient loading of the onsite sewage
  972  treatment and disposal system or systems; and
  973         5. The cost of the proposed remedial action.
  974         (b) Before submitting an onsite sewage treatment and
  975  disposal system remediation plan to the department, the local
  976  government shall hold at least one public meeting to provide the
  977  public an opportunity to comment on the plan. The approval of an
  978  onsite sewage treatment and disposal system remediation plan by
  979  the department constitutes a final agency action.
  980         (c) If a local government does not substantially comply
  981  with this subsection, it may be ineligible for funding pursuant
  982  to s. 373.809.
  983         (d) With respect to implementation of an onsite sewage
  984  treatment and disposal system remediation plan, a property owner
  985  with an onsite sewage treatment and disposal system identified
  986  by the plan may not be required to pay any of the cost of a
  987  system inspection, to upgrade a system, or of connection fees
  988  for connection to a sanitary sewer system. This paragraph does
  989  not apply to local government programs in existence before July
  990  1, 2015, which are inconsistent with this paragraph.
  991         Section 16. Section 373.809, Florida Statutes, is created
  992  to read:
  993         373.809 Funding for the restoration and preservation of
  994  Outstanding Florida Springs.—
  995         (1) By December 31, 2015, the department shall adopt rules
  996  to fund pilot projects that test the effectiveness of innovative
  997  or existing nutrient reduction or water conservation
  998  technologies or practices designed to minimize nutrient
  999  pollution or restore flows in the springs of this state. The
 1000  department may approve funding for pilot projects each funding
 1001  cycle if the department determines that the pilot project will
 1002  not be harmful to the ecological resources in the study area.
 1003         (2) By December 31, 2015, the department shall adopt rules
 1004  to evaluate, rank, and select projects eligible for funding
 1005  under this part or land acquisition under s. 375.041. In
 1006  developing these rules, the department shall give preference to
 1007  the projects that will result in the greatest improvement to
 1008  water quality and water quantity for the dollars to be expended
 1009  for the project. At a minimum, the department shall consider all
 1010  of the following:
 1011         (a) The level of nutrient impairment of the Outstanding
 1012  Florida Spring in which the project is located.
 1013         (b) The quantity of pollutants, particularly total
 1014  nitrogen, which the project is estimated to remove from an
 1015  Outstanding Florida Spring with an adopted nutrient total
 1016  maximum daily load.
 1017         (c) The flow necessary to restore the Outstanding Florida
 1018  Spring to its adopted or interim minimum flow or minimum water
 1019  level.
 1020         (d) The anticipated impact the project will have on
 1021  restoring or increasing water flow or water level.
 1022         (e)The amount of matching funds for the project which will
 1023  be provided by the entities responsible for implementing the
 1024  project.
 1025         (f) Whether the project is located in a rural area of
 1026  opportunity, as defined in s. 288.0656, with preference given to
 1027  the local government responsible for implementing the project.
 1028         (g)For multiple-year projects, whether the project has
 1029  funding sources that are identified and assured through the
 1030  expected completion date of the project.
 1031         (h)The cost of the project and the length of time it will
 1032  take to complete relative to its expected benefits.
 1033         (i)Whether the entities responsible for implementing the
 1034  project, since July 1, 2010, have used their own funds for
 1035  projects to improve water quality or conserve water use within a
 1036  springshed or spring protection and management zone of an
 1037  Outstanding Florida Spring, with preference given to those
 1038  entities that have expended such funds.
 1039         Section 17. Section 373.811, Florida Statutes, is created
 1040  to read:
 1041         373.811 Prohibited activities within a spring protection
 1042  and management zone.—The following activities are prohibited
 1043  within a spring protection and management zone of an Outstanding
 1044  Florida Spring:
 1045         (1) New municipal or industrial wastewater disposal
 1046  facilities, including rapid infiltration basins, with permitted
 1047  capacities of 100,000 gallons per day or more, except for those
 1048  facilities that meet an advanced wastewater treatment standard
 1049  of no more than 3 mg/l Total Nitrogen, expressed as N, on an
 1050  annual permitted basis, or a more stringent treatment standard
 1051  if the department determines the more stringent standard is
 1052  necessary to prevent impairment or aid in the recovery of an
 1053  Outstanding Florida Spring.
 1054         (2) Beginning 6 months after the Department of Health
 1055  approves passive nitrogen removing onsite sewage treatment and
 1056  disposal systems, new onsite sewage treatment and disposal
 1057  systems on lots of less than 1 acre, except for passive nitrogen
 1058  removing onsite sewage treatment and disposal systems.
 1059         (3) New facilities for the disposal of hazardous waste.
 1060         (4) The land application of Class A or Class B domestic
 1061  wastewater biosolids or septage.
 1062         (5) New agriculture operations that do not implement best
 1063  management practices, measures necessary to achieve pollution
 1064  reduction levels established by the department, or a groundwater
 1065  monitoring plan approved by a water management district or the
 1066  department.
 1067         Section 18. Section 373.813, Florida Statutes, is created
 1068  to read:
 1069         373.813Rules.—
 1070         (1) The department shall adopt rules to create a program to
 1071  improve water quantity and water quality to administer this
 1072  part, as applicable. In developing rules to administer s.
 1073  373.809, the department shall use the Total Maximum Daily Load
 1074  Water Quality Restoration Grants rule for guidance in developing
 1075  a comparable program for the restoration and protection of the
 1076  water quality and water quantity for Outstanding Florida
 1077  Springs.
 1078         (2) The Department of Health, the Department of Agriculture
 1079  and Consumer Services, and the water management districts, as
 1080  appropriate, may adopt rules to administer this part, as
 1081  applicable.
 1082         (3)(a)The Department of Agriculture and Consumer Services
 1083  is the lead agency coordinating the reduction of agricultural
 1084  nonpoint sources of pollution for the protection of Outstanding
 1085  Florida Springs. The Department of Agriculture and Consumer
 1086  Services and the department, pursuant to s. 403.067(7)(c)4.,
 1087  shall study new or revised best management practices for
 1088  improving and protecting Outstanding Florida Springs and, if
 1089  necessary, in cooperation with applicable local governments and
 1090  stakeholders, initiate rulemaking to require the implementation
 1091  of such practices within a reasonable time period.
 1092         (b)The department, the Department of Agriculture and
 1093  Consumer Services, and the University of Florida Institute of
 1094  Food and Agricultural Sciences shall cooperate in conducting the
 1095  necessary research and demonstration projects to develop
 1096  improved or additional nutrient management tools, including the
 1097  use of controlled release fertilizer that can be used by
 1098  agricultural producers as part of an agricultural best
 1099  management practices program. The development of such tools must
 1100  reflect a balance between water quality improvement and
 1101  agricultural productivity and, if applicable, must be
 1102  incorporated into the revised best management practices adopted
 1103  by rule by the Department of Agriculture and Consumer Services.
 1104         Section 19. Section 373.815, Florida Statutes, is created
 1105  to read:
 1106         373.815 Reports.—Each July 1, beginning July 1, 2016, the
 1107  department, in conjunction with the water management districts,
 1108  shall submit progress reports to the Governor, the President of
 1109  the Senate, and the Speaker of the House of Representatives on
 1110  the status of each total maximum daily load, basin management
 1111  action plan, minimum flow or minimum water level, and recovery
 1112  or prevention strategy adopted pursuant to this part. The report
 1113  must include the status of each project identified to achieve an
 1114  adopted total maximum daily load or an adopted or interim
 1115  minimum flow or minimum water level, as applicable. If a report
 1116  indicates that any of the interim 5-, 10-, or 15-year
 1117  milestones, or the 20-year deadline will not be met, the report
 1118  must include specific corrective actions that will be taken to
 1119  achieve these milestones and deadlines, and, if necessary,
 1120  executive and legislative recommendations to that end.
 1121         Section 20. Subsection (25) of section 403.061, Florida
 1122  Statutes, is amended and subsection (45) is added to that
 1123  section, to read:
 1124         403.061 Department; powers and duties.—The department shall
 1125  have the power and the duty to control and prohibit pollution of
 1126  air and water in accordance with the law and rules adopted and
 1127  promulgated by it and, for this purpose, to:
 1128         (25)(a) Establish and administer a program for the
 1129  restoration and preservation of bodies of water within the
 1130  state. The department shall have the power to acquire lands, to
 1131  cooperate with other applicable state or local agencies to
 1132  enhance existing public access to such bodies of water, and to
 1133  adopt all rules necessary to accomplish this purpose.
 1134         (b) Create a consolidated water resources work plan, in
 1135  consultation with state agencies, water management districts,
 1136  and local governments, which provides a geographic depiction of
 1137  the total inventory of water resources projects currently under
 1138  construction, completed in the previous 5 years, or planned to
 1139  begin construction in the next 5 years. The consolidated work
 1140  plan must include for each project a description of the project,
 1141  the total cost of the project, and identification of the
 1142  governmental entity financing the project. This information
 1143  together with the information provided pursuant to paragraph
 1144  (45)(a) is intended to facilitate the ability of the Florida
 1145  Water Resources Advisory Council, the Legislature, and the
 1146  public to consider the projects contained in the tentative water
 1147  resources work program developed pursuant to s. 403.0616 in
 1148  relation to all projects undertaken within a 10-year period and
 1149  the existing condition of water resources in the project area
 1150  and in the state as a whole. The department may adopt all rules
 1151  necessary to accomplish this purpose.
 1152         (45)(a) Create and maintain a web-based, interactive map
 1153  that includes, at a minimum:
 1154         1. All watersheds and each water body within those
 1155  watersheds;
 1156         2. The county or counties in which the watershed or water
 1157  body is located;
 1158         3. The water management district or districts in which the
 1159  watershed or water body is located;
 1160         4. Whether a minimum flow or minimum water level has been
 1161  adopted for the water body, and if such minimum flow or minimum
 1162  water level has not been adopted, the anticipated adoption date;
 1163         5. Whether a recovery or prevention strategy has been
 1164  adopted for the watershed or water body and, if such a plan has
 1165  not been adopted, the anticipated adoption date;
 1166         6. The impairment status of each watershed or water body;
 1167         7. Whether a total maximum daily load has been adopted if
 1168  the watershed or water body is listed as impaired and, if such
 1169  total maximum daily load has not been adopted, the anticipated
 1170  adoption date;
 1171         8. Whether a basin management action plan has been adopted
 1172  for the watershed and, if such a plan has not been adopted, the
 1173  anticipated adoption date;
 1174         9. Each project listed on the 5-year water resources work
 1175  program developed pursuant to s. 373.036(7);
 1176         10. The agency or agencies and local sponsor, if any,
 1177  responsible for overseeing the project;
 1178         11. The estimated cost and completion date of each project
 1179  and the financial contribution of each entity;
 1180         12. The quantitative estimated benefit to the watershed or
 1181  water body; and
 1182         13. The water projects completed within the last 5 years
 1183  within the watershed or water body.
 1184         (b) The department and each water management district shall
 1185  prominently display on their respective websites a hyperlink to
 1186  the interactive map required by this subsection.
 1187  
 1188  The department shall implement such programs in conjunction with
 1189  its other powers and duties and shall place special emphasis on
 1190  reducing and eliminating contamination that presents a threat to
 1191  humans, animals or plants, or to the environment.
 1192         Section 21. Section 403.0616, Florida Statutes, is created
 1193  to read:
 1194         403.0616Florida Water Resources Advisory Council.—
 1195         (1) The Florida Water Resources Advisory Council is hereby
 1196  created within the department for the purpose of evaluating
 1197  water resource projects prioritized and submitted by state
 1198  agencies, water management districts, or local governments. The
 1199  council shall evaluate and recommend projects that are eligible
 1200  for state funding as priority projects of statewide, regional,
 1201  or critical local importance under this chapter or chapter 373.
 1202  The council must review and evaluate all water resource projects
 1203  that are prioritized and reported by state agencies or water
 1204  management districts pursuant to s. 373.036(7)(d)3., or by local
 1205  governments, if applicable, in order to provide the Legislature
 1206  with recommendations for projects that improve or restore the
 1207  water resources of this state.
 1208         (2) The Florida Water Resources Advisory Council consists
 1209  of five voting members and five ex officio, nonvoting members as
 1210  follows:
 1211         (a) The Secretary of Environmental Protection, who shall
 1212  serve as chair of the council; the Commissioner of Agriculture;
 1213  the executive director of the Fish and Wildlife Conservation
 1214  Commission; one member with expertise in a scientific discipline
 1215  related to water resources, appointed by the President of the
 1216  Senate; and one member with expertise in a scientific discipline
 1217  related to water resources, appointed by the Speaker of the
 1218  House of Representatives, all of whom shall be voting members.
 1219         (b) The executive directors of each of the five water
 1220  management districts, all of whom shall be nonvoting members.
 1221         (3) Members appointed by the President of the Senate and
 1222  Speaker of the House of Representatives shall serve 2-year terms
 1223  but may not serve more than a total of 6 years. The President of
 1224  the Senate and Speaker of the House of Representatives may fill
 1225  a vacancy at any time for an unexpired term of an appointed
 1226  member.
 1227         (4) If a member of the council is disqualified from serving
 1228  because he or she no longer holds the position required to serve
 1229  under this section, the interim head of the agency shall serve
 1230  as the agency representative.
 1231         (5) The two appointed council members shall receive
 1232  reimbursement for expenses and per diem for travel to attend
 1233  council meetings authorized pursuant to s. 112.061 while in the
 1234  performance of their duties.
 1235         (6) The council shall hold periodic meetings at the request
 1236  of the chair but must hold at least eight public meetings each
 1237  year in which the public has the opportunity to participate and
 1238  comment. Unless otherwise provided by law, notice for each
 1239  meeting must be published in a newspaper of general circulation
 1240  in the area where the meeting is to be held at least 5 days but
 1241  no more than 15 days before the meeting date.
 1242         (a) By July 15 of each year, the council shall release a
 1243  tentative water resources work program containing legislative
 1244  recommendations for water resource projects. The public has 30
 1245  days to submit comments regarding the tentative program.
 1246         (b) The council shall adopt the tentative work program
 1247  containing its legislative recommendations and submit it to the
 1248  Governor, the President of the Senate, and the Speaker of the
 1249  House of Representatives by August 31 of each year. An
 1250  affirmative vote of three members of the council is required to
 1251  adopt the tentative work program.
 1252         (7) The department shall provide primary staff support to
 1253  the council and shall ensure that council meetings are
 1254  electronically recorded. Such recordings must be preserved
 1255  pursuant to chapters 119 and 257.
 1256         (8) The council shall recommend rules for adoption by the
 1257  department to competitively evaluate, select, and rank projects
 1258  for the tentative water resources work program. The council
 1259  shall develop specific criteria for the evaluation, selection,
 1260  and ranking of projects, including a preference for projects
 1261  that will have a significant, measurable impact on improving
 1262  water quantity or water quality; projects in areas of greatest
 1263  impairment; projects of state or regional significance; projects
 1264  recommended by multiple districts or multiple local governments
 1265  cooperatively; projects with a significant monetary commitment
 1266  by the local project sponsor or sponsors; projects in rural
 1267  areas of opportunity as defined in s. 288.0656; projects that
 1268  may be funded through appropriate loan programs; and projects
 1269  that have significant private contributions of time or money.
 1270         (9) The department, in consultation with the Department of
 1271  Agriculture and Consumer Services, the Fish and Wildlife
 1272  Conservation Commission, and the water management districts,
 1273  shall adopt rules to implement this section.
 1274         Section 22. Section 403.0623, Florida Statutes, is amended
 1275  to read:
 1276         403.0623 Environmental data; quality assurance.—
 1277         (1) The department must establish, by rule, appropriate
 1278  quality assurance requirements for environmental data submitted
 1279  to the department and the criteria by which environmental data
 1280  may be rejected by the department. The department may adopt and
 1281  enforce rules to establish data quality objectives and specify
 1282  requirements for training of laboratory and field staff, sample
 1283  collection methodology, proficiency testing, and audits of
 1284  laboratory and field sampling activities. Such rules may be in
 1285  addition to any laboratory certification provisions under ss.
 1286  403.0625 and 403.863.
 1287         (2)(a) The department, in coordination with the water
 1288  management districts, shall establish standards for the
 1289  collection of water quantity, water quality, and related data to
 1290  ensure quality, reliability, and validity of the data and
 1291  testing results. The water management districts shall submit
 1292  such data collected after June 30, 2015, to the department for
 1293  analysis. The department shall analyze the data to ensure
 1294  statewide consistency. The department shall maintain a
 1295  centralized database for all testing results and analyses, which
 1296  must be accessible by the water management districts.
 1297         (b) To the extent practicable, the department shall
 1298  coordinate with federal agencies to ensure that its collection
 1299  and analysis of water quality, water quantity, and related data,
 1300  which may be used by any state agency, water management
 1301  district, or local government, is consistent with this
 1302  subsection.
 1303         (c) In order to receive state funds for the acquisition of
 1304  lands or the financing of a water resource project, state
 1305  agencies and water management districts must use the
 1306  department’s testing results and analysis, if available, as a
 1307  prerequisite for any such request for funding.
 1308         (d) The department and the water management districts may
 1309  adopt rules to implement this subsection.
 1310         Section 23. This act shall take effect July 1, 2015.