SB 1022 — Onsite Sewage Treatment and Disposal Systems

153.54 Preliminary report by county commissioners with respect to creation of proposed district.—Upon receipt of a petition duly signed by not less than 25 qualified electors who are also freeholders residing within an area proposed to be incorporated into a water and sewer district pursuant to this law and describing in general terms the proposed boundaries of such proposed district, the board of county commissioners if it shall deem it necessary and advisable to create and establish such proposed district for the purpose of constructing, establishing or acquiring a water system or a sewer system or both in and for such district (herein called “improvements”), shall first cause a preliminary report to be made which such report together with any other relevant or pertinent matters, shall include at least the following:

(5) For the construction of a new proposed sewerage system or the extension of an existing sewerage system that was not previously approved, the report shall include a study that includes the available information from the Department of Environmental Protection Health on the history of onsite sewage treatment and disposal systems currently in use in the area and a comparison of the projected costs to the owner of a typical lot or parcel of connecting to and using the proposed sewerage system versus installing, operating, and properly maintaining an onsite sewage treatment system that is approved by the Department of Environmental Protection Health and that provides for the comparable level of environmental and health protection as the proposed central sewerage system;

consideration of the local authority’s obligations or reasonably anticipated obligations for water body cleanup and protection under state or federal programs, including requirements for water bodies listed under s.

303(d) of the Clean Water Act, Pub.

L.

No.

92-500, 33 U.S.C.

ss.

1251 et seq.;

and other factors deemed relevant by the local authority.

110 Such report shall be filed in the office of the clerk of the circuit court and shall be open for the inspection of any taxpayer, property owner, qualified elector or any other interested or affected person.

Section 4. Paragraph (c) of subsection (2) of section 153.73, Florida Statutes, is amended to read:

153.73 Assessable improvements;

levy and payment of special assessments.—Any district may provide for the construction or reconstruction of assessable improvements as defined in s.

153.52, and for the levying of special assessments upon benefited property for the payment thereof, under the provisions of this section.

(2)(c) For the construction of a new proposed sewerage system or the extension of an existing sewerage system that was not previously approved, the report shall include a study that includes the available information from the Department of Environmental Protection Health on the history of onsite sewage treatment and disposal systems currently in use in the area and a comparison of the projected costs to the owner of a typical lot or parcel of connecting to and using the proposed sewerage system versus installing, operating, and properly maintaining an onsite sewage treatment system that is approved by the Department of Environmental Protection Health and that provides for the comparable level of environmental and health protection as the proposed central sewerage system;

consideration of the local authority’s obligations or reasonably anticipated obligations for water body cleanup and protection under state or federal programs, including requirements for water bodies listed under s.

303(d) of the Clean Water Act, Pub.

L.

No.

92-500, 33 U.S.C.

ss.

1251 et seq.;

and other factors deemed relevant by the local authority.

Section 5. Subsection (2) of section 163.3180, Florida Statutes, is amended to read:

163.3180 Concurrency.— (2) Consistent with public health and safety, sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities shall be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent.

Prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent.

A local government may meet the concurrency requirement for sanitary sewer through the use of onsite sewage treatment and disposal systems approved by the Department of Environmental Protection Health to serve new development.

Section 6. Subsection (3) of section 180.03, Florida Statutes, is amended to read:

180.03 Resolution or ordinance proposing construction or extension of utility;

objections to same.— (3) For the construction of a new proposed sewerage system or the extension of an existing sewerage system that was not previously approved, the report shall include a study that includes the available information from the Department of Environmental Protection Health on the history of onsite sewage treatment and disposal systems currently in use in the area and a comparison of the projected costs to the owner of a typical lot or parcel of connecting to and using the proposed sewerage system versus installing, operating, and properly maintaining an onsite sewage treatment system that is approved by the Department of Environmental Protection Health and that provides for the comparable level of environmental and health protection as the proposed central sewerage system;

consideration of the local authority’s obligations or reasonably anticipated obligations for water body cleanup and protection under state or federal programs, including requirements for water bodies listed under s.

303(d) of the Clean Water Act, Pub.

L.

No.

92-500, 33 U.S.C.

ss.

1251 et seq.;

and other factors deemed relevant by the local authority.

The results of such a study shall be included in the resolution or ordinance required under subsection (1).

Section 7. Paragraphs (a) and (b) of subsection (7) of section 373.036, Florida Statutes, are amended to read:

a. A list of all specific projects identified to implement a basin management action plan, including any septicseptic-to-sewer to sewer conversion and septic tank remediation projects, or a recovery or prevention strategy;

(c) EachSection of8. Subsection the(3) elementsof listedsection in373.807, paragraphFlorida (b)Statutes, shall is toamended be addressed in a separate chapter or section within the consolidated annual report, although information common to moreread: than one of these elements may be consolidated as deemed appropriate by the individual water management district.

(d) Each water management district may include in the consolidated annual report such additional information on the status or management of water resources within the district as it deems appropriate.

(e) In addition to the elements specified in paragraph (b), the South Florida Water Management District shall include in the consolidated annual report the following elements:

1. The Lake Okeechobee Protection Program annual progress report required by s.

373.4595(6).

2. The Everglades annual progress reports specified in s.

373.4592(4)(d)5., (13), and (14).

3. The Everglades restoration annual report required by s.

373.470(7).

4. The Everglades Trust Fund annual expenditure report required by s.

373.45926(3).

Section 3. Subsection (3) of section 373.807, Florida Statutes, is amended to read:

174277 In addition to the requirements in s.

Section 4. Section9. Section 381.006, Florida Statutes, is amended to read:

A $10 surcharge for this function must shall be assessed upon all persons permitted under chapter 500.

331434 The department may adopt rules to carry out the provisions of this section.

Section 5. Subsection10. Subsection (1) of section 381.0064,381.0061, Florida Statutes, is amended to read:

381.0061 Administrative fines.— (1) In addition to any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which shall not exceed $500 for each violation, for a violation of s.

381.006(15) s.

381.006(16), s.

381.0065, s.

381.0066, s.

381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386.

Notice of intent to impose such fine shall be given by the department to the alleged violator.

Each day that a violation continues may constitute a separate violation.

Section 11. Subsection (1) of section 381.0064, Florida Statutes, is amended to read:

Section 6. Subsections12. Present (2),paragraphs (3),(d) andthrough (4)(q) of subsection (2) of section 381.0065, Florida Statutes, are redesignated as paragraphs (e) through (r), respectively, and a new paragraph (d) is added to that subsection, subsections (3) and (4) are amended, and subsectionsubsections (7) isand (8) are added to that section, to read:

(a) “Available,” as applied to a publicly owned or investor-owned sewerage system, means that the publicly owned or investor-owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence;

and:

1. For a residential subdivision lot, a single-family residence, or an establishment, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property’s drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection, exists in a public easement or right-of-way that abuts the property line of the lot, residence, or establishment.

2. For an establishment with an estimated sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station exists in a public easement or right-of-way that abuts the property of the establishment or is within 50 feet of the property line of the establishment as accessed via existing rights-of-way or easements.

3. For proposed residential subdivisions with more than 50 lots, for proposed commercial subdivisions with more than 5 lots, and for areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the development as measured and accessed via existing easements or rights-of-way.

4. For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within 500 feet of an establishment’s or residence’s sewer stub-out as measured and accessed via existing rights-of-way or easements.

(b)1. “Bedroom” means a room that can be used for sleeping and that:

a. For site-built dwellings, has a minimum of 70 square feet of conditioned space;

b. For manufactured homes, is constructed according to the standards of the United States Department of Housing and Urban Development and has a minimum of 50 square feet of floor area;

c. Is located along an exterior wall;

d. Has a closet and a door or an entrance where a door could be reasonably installed;

and e. Has an emergency means of escape and rescue opening to the outside in accordance with the Florida Building Code.

2. A room may not be considered a bedroom if it is used to access another room except a bathroom or closet.

3. “Bedroom” does not include a hallway, bathroom, kitchen, living room, family room, dining room, den, breakfast nook, pantry, laundry room, sunroom, recreation room, media/video room, or exercise room.

(c) “Blackwater” means that part of domestic sewage carried off by toilets, urinals, and kitchen drains.

(e)(d) “Domestic sewage” means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a residence or establishment.

(f)(e) “Graywater” means that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste.

(g)(f) “Florida Keys” means those islands of the state located within the boundaries of Monroe County.

(h)(g) “Injection well” means an open vertical hole at least 90 feet in depth, cased and grouted to at least 60 feet in depth which is used to dispose of effluent from an onsite sewage treatment and disposal system.

(i)(h) “Innovative system” means an onsite sewage treatment and disposal system that, in whole or in part, employs materials, devices, or techniques that are novel or unique and that have not been successfully field-tested under sound scientific and engineering principles under climatic and soil conditions found in this state.

(j)(i) “Lot” means a parcel or tract of land described by reference to recorded plats or by metes and bounds, or the least fractional part of subdivided lands having limited fixed boundaries or an assigned number, letter, or any other legal description by which it can be identified.

(k)(j) “Mean annual flood line” means the elevation determined by calculating the arithmetic mean of the elevations of the highest yearly flood stage or discharge for the period of record, to include at least the most recent 10-year period.

If at least 10 years of data is not available, the mean annual flood line shall be as determined based upon the data available and field verification conducted by a certified professional surveyor and mapper with experience in the determination of flood water elevation lines or, at the option of the applicant, by department personnel.

Field verification of the mean annual flood line shall be performed using a combination of those indicators listed in subparagraphs 1.-7.

that are present on the site, and that reflect flooding that recurs on an annual basis.

In those situations where any one or more of these indicators reflect a rare or aberrant event, such indicator or indicators shall not be utilized in determining the mean annual flood line.

The indicators that may be considered are:

1. Water stains on the ground surface, trees, and other fixed objects;

2. Hydric adventitious roots;

3. Drift lines;

4. Rafted debris;

5. Aquatic mosses and liverworts;

6. Moss collars;

and 7. Lichen lines.

(l)(k) “Onsite sewage treatment and disposal system” means a system that contains a standard subsurface, filled, or mound drainfield system;

an aerobic treatment unit;

a graywater system tank;

a laundry wastewater system tank;

a septic tank;

a grease interceptor;

a pump tank;

a solids or effluent pump;

a waterless, incinerating, or organic waste-composting toilet;

or a sanitary pit privy that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system.

The term includes any item placed within, or intended to be used as a part of or in conjunction with, the system.

This term does not include package sewage treatment facilities and other treatment works regulated under chapter 403.

(m)(l) “Permanent nontidal surface water body” means a perennial stream, a perennial river, an intermittent stream, a perennial lake, a submerged marsh or swamp, a submerged wooded marsh or swamp, a spring, or a seep, as identified on the most recent quadrangle map, 7.5 minute series (topographic), produced by the United States Geological Survey, or products derived from that series.

“Permanent nontidal surface water body” shall also mean an artificial surface water body that does not have an impermeable bottom and side and that is designed to hold, or does hold, visible standing water for at least 180 days of the year.

However, a nontidal surface water body that is drained, either naturally or artificially, where the intent or the result is that such drainage be temporary, shall be considered a permanent nontidal surface water body.

A nontidal surface water body that is drained of all visible surface water, where the lawful intent or the result of such drainage is that such drainage will be permanent, shall not be considered a permanent nontidal surface water body.

The boundary of a permanent nontidal surface water body shall be the mean annual flood line.

(n)(m) “Potable water line” means any water line that is connected to a potable water supply source, but the term does not include an irrigation line with any of the following types of backflow devices:

1. For irrigation systems into which chemicals are not injected, any atmospheric or pressure vacuum breaker or double check valve or any detector check assembly.

2. For irrigation systems into which chemicals such as fertilizers, pesticides, or herbicides are injected, any reduced pressure backflow preventer.

(o)(n) “Septage” means a mixture of sludge, fatty materials, human feces, and wastewater removed during the pumping of an onsite sewage treatment and disposal system.

(p)(o) “Subdivision” means, for residential use, any tract or plot of land divided into two or more lots or parcels of which at least one is 1 acre or less in size for sale, lease, or rent.

A subdivision for commercial or industrial use is any tract or plot of land divided into two or more lots or parcels of which at least one is 5 acres or less in size and which is for sale, lease, or rent.

A subdivision shall be deemed to be proposed until such time as an application is submitted to the local government for subdivision approval or, in those areas where no local government subdivision approval is required, until such time as a plat of the subdivision is recorded.

(q)(p) “Tidally influenced surface water body” means a body of water that is subject to the ebb and flow of the tides and has as its boundary a mean high-water line as defined by s.

177.27(15).

(r)(q) “Toxic or hazardous chemical” means a substance that poses a serious danger to human health or the environment.

Research projects must shall be initially approved by the technical review and advisory panel and shall be applicable to and reflect the soil conditions specific to Florida.

The department may issue permits to carry out this section., but shall not make the issuance of such permits contingent upon prior approval by the Departmentdepartment of Environmental Protection, except that The issuance of a permit for work seaward of the coastal construction control line established under s.

A There is no fee is not associated with the processing of this supplemental information.

(c) Notwithstanding paragraphs (a) and (b), for subdivisions platted of record on or before October 1, 1991, when a developer or other appropriate entity has previously made or makes provisions, including financial assurances or other commitments, acceptable to the departmentDepartment of Health, that a central water system will be installed by a regulated public utility based on a density formula, private potable wells may be used with onsite sewage treatment and disposal systems until the agreed-upon densities are reached.

(d) Paragraphs (a) and (b) do not apply to any proposed residential subdivision with more than 50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or investor-owned sewage treatment sewerage system is available.

It is the intent of thisThis paragraph does not to allow development of additional proposed subdivisions in order to evade the requirements of this paragraph.

(f) Except as provided under paragraphs (e) and (s) (t), no limitations may not shall be imposed by rule, relating to the distance between an onsite disposal system and any area that either permanently or temporarily has visible surface water.

(g) All provisions of thisThis section and rules adopted under this section relating to soil condition, water table elevation, distance, and other setback requirements must be equally applied to all lots, with the following exceptions:

A There is no fee is not associated with the processing of this supplemental information.

b. Nob. A No reasonable alternative, taking into consideration factors such as cost, does not exist exists for the treatment of the sewage;

815771 Where soil conditions, water table elevation, and setback provisions are determined by the department to be satisfactory, special consideration must be given to those lots platted before 1972.

a. The Secretary of the department State Surgeon General or his or her designee.

e. A representative from the Department of Health Environmental Protection.

846803 Members shall be appointed for a term of 3 years, with such appointments being staggered so that the terms of no more than two members expire in any one year.

An existing onsite sewage treatment and disposal system may be repaired if a publicly owned or investor-owned sewage treatment sewerage system is not available within 500 feet of the building sewer stub-out and if system construction and operation standards can be met.

This paragraph does not require publicly owned or investor-owned sewage sewerage treatment systems to accept anything other than domestic wastewater.

The department may shall not grant approval when the proposed use of the system is to dispose of toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals.

A person who owns or operates a business that uses an onsite sewage treatment and disposal system that was installed and approved before July 5, 1989, does not need to not obtain a system operating permit.

2. A person electing to use utilize an engineer-designed system shall, upon completion of the system design, submit such design, certified by a registered professional engineer, to the county health department.

The county health department may use utilize an outside consultant to review the engineer-designed system, with the actual cost of such review to be borne by the applicant.

Within 5 working days after receiving an engineer-designedengineer designed system permit application, the county health department shall request additional information if the application is not complete.

(k) An innovative system may be approved in conjunction with an engineer-designed site-specific system that which is certified by the engineer to meet the performance-based criteria adopted by the department.

1004962 In addition, onsite sewage treatment and disposal systems discharging to an injection well must provide basic disinfection as defined by department rule.

4. In areas scheduled to be served by a central sewerage system sewer by December 31, 2015, if the property owner has paid a connection fee or assessment for connection to the central sewerage sewer system, the property owner may install a holding tank with a high water alarm or an onsite sewage treatment and disposal system that meets the following minimum standards:

(m) No(m) Any No product sold in the state for use in onsite sewage treatment and disposal systems may not contain any substance in concentrations or amounts that would interfere with or prevent the successful operation of such system, or that would cause discharges from such systems to violate applicable water quality standards.

If In the event a product does not meet such criteria, such product may be sold if the manufacturer satisfactorily demonstrates to the department that the conditions of this paragraph are met.

Evaluations for determining mean annual flood lines shall be performed by those persons identified in paragraph (2)(k) (2)(j).

10851045 Members shall be appointed for a term of 3 years, with the appointments being staggered so that the terms of no more than four members expire in any one year.

No specificSpecific documentation of property ownership is not shall be required as a prerequisite to the review of an application or the issuance of a permit.

(q)(r) Nothing in thisThis section does not limit limits the power of a municipality or county to enforce other laws for the protection of the public health and safety.

(r)(s) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may shall not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line of the house.

1. The absorption surface of the drainfield may shall not be subject to flooding based on 10-year flood elevations.

a system approved by the State Health Office that is capable of reducing effluent nitrate by at least 50 percent;percent in accordance with department rules;

or a system other than a system using alternative drainfield materials in accordance with department rules approved by the county health department pursuant to department rule other than a system using alternative drainfield materials.

2. The use of fill or mounding to elevate a drainfield system out of the 10-year floodplain of rivers, streams, or other bodies of flowing water may shall not be permitted if such a system lies within a regulatory floodway of the Suwannee and Aucilla Rivers.

(t)(u)1. The(t)1.(u)1. The owner of an aerobic treatment unit system shall maintain a current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department.

(x)(y)1. An(x)1.(y)1. An onsite sewage treatment and disposal system is not considered abandoned if the system is disconnected from a structure that was made unusable or destroyed following a disaster and if the system was properly functioning at the time of disconnection and was not adversely affected by the disaster.

(7) ONSITE(7) LOT SEWAGESIZE TREATMENTCALCULATION.—When ANDapplying DISPOSALthe SYSTEMSprohibition TECHNICALimposed ADVISORYby COMMITTEE;s.

RULEMAKING.—373.811(2), (a) By August 30, 2019, the department shallshall: convene a technical advisory committee to assist in developing rules that will increase the availability of nutrient-removing onsite systems in the marketplace, including such systems that are cost-effective, low maintenance, and reliable.

The(a) Include committeeportions shallof considerthe andlot recommendsubject regulatoryto options,an sucheasement asor fastright trackof approval,entry prequalification,when anddetermining expedited permitting to facilitate the introductionsize and use of nitrogen removing systems that have been reviewed and approved by a nationallot. agency or organization, such as NSF/ANSI 245 systems approved by NSF International.

(b) The(b) Determine committeethat shalla consisthardship ofexists atin leastaccordance five,with buts. no more than nine, members representing the home building industry, the real estate industry, the onsite sewage treatment and disposal system industry, septic tank contractors, engineers, and local governments.

Members403.201(1)(c) shallwhen providean applicant for theira ownvariance expenses.demonstrates that the lot subject to the request is no smaller than 0.85 acres and that lots in the immediate proximity average one acre in size or larger.

(c) The(8) In departmentaddition shallto initiateallowing rulemakingthe byuse Januaryof 1,other 2020,department andapproved adoptnutrient rules,removing takingonsite intosewage accounttreatment and disposal systems to meet the recommendationsrequirements of thea technicaltotal advisorymaximum committee,daily whichload areor intendedbasin management action plan adopted pursuant to increase403.067, a reasonable assurance plan, or other water quality protection and restoration requirements, the availabilitydepartment shall also allow the use of cost-effective,National low-maintenance,Sanitation nutrient-removingFoundation onsiteInternational/American National Standards Institute 245 systems inapproved by the marketplace.Public Health and Safety Organization before July 1, 2019.

(d) TheSection committee13. Paragraph automatically(d) dissolvesof subsection (7) and thissubsections subsection(8) expiresand on(9) Julyof 1,section 2020.381.00651, Florida Statutes, are amended to read:

Section 7. Paragraph (d) of subsection (7) and subsections (8) and (9) of section 381.00651, Florida Statutes, are amended to read:

(d) Assessment procedure.—All evaluation procedures used by a qualified contractor must shall be documented in the environmental health database of the department of Health.

The report must shall contain the name and license number of the company providing the report.

Section 8. Section14. Effective 381.0068,July 1, 2019, section 381.00652, Florida Statutes, is repealed.created to read:

Section381.00652 Onsite 9. Paragraphtreatment (a)and ofdisposal subsectionsystems; (7) of section 403.067, Florida Statutes, is amended to read:

permitting.— (1) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS TECHNICAL ADVISORY COMMITTEE.— (a) By August 1, 2019, the department, in consultation with the Department of Health, shall appoint a technical advisory committee to assist in developing rules that will increase the availability of nutrient-removing onsite sewage treatment and disposal systems in the marketplace, including such systems that are cost-effective, low maintenance, and reliable.

By July 1, 2020, the committee shall consider and recommend regulatory options, such as fast-track approval, prequalification, or expedited permitting, to facilitate the introduction and use of nutrient-removing onsite sewage treatment and disposal systems that have been reviewed and approved by a national agency or organization, such as the National Sanitation Foundation International/American National Standards Institute 245 systems approved by the Public Health and Safety Organization.

The department shall use existing and available resources to administer and support the activities of the technical advisory committee.

(b) The advisory committee shall consist of at least five but not more than nine members representing the home-building industry, the real estate industry, the onsite sewage treatment and disposal system industry, septic tank contractors, engineers, and local governments.

Members shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses.

(c) This subsection shall expire on July 1, 2020.

(2) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS RULEMAKING.—The department shall initiate rulemaking no later than August 1, 2020, considering the recommendations of the technical advisory committee, and adopt rules to increase the availability of cost-effective, low maintenance, and reliable nutrient-removing onsite sewage treatment and disposal systems in the marketplace.

Section 15. Section 381.0068, Florida Statutes, is repealed.

Section 16. Paragraph (g) of subsection (1) of section 381.0101, Florida Statutes, is amended to read:

381.0101 Environmental health professionals.— (1) DEFINITIONS.—As used in this section:

(g) “Primary environmental health program” means those programs determined by the department to be essential for providing basic environmental and sanitary protection to the public.

At a minimum, these programs shall include food protection programs program work and onsite sewage treatment and disposal system evaluations.

Section 17. Paragraph (a) of subsection (7) of section 403.067, Florida Statutes, is amended to read:

Notice of the public meeting must be published in a newspaper of general circulation in each county in which the watershed or basin lies at least not less than 5 days but not nor more than 15 days before the public meeting.

9. The department shall submit to the Office of Economic and Demographic Research the project cost estimates required in sub-subparagraph 4.c., including any septicseptic-to-sewer to sewer conversion and septic tank remediation project costs.

Section 10. Subsection18. Subsection (1) of section 381.0061,489.551, Florida Statutes, is amended to read:

381.0061 Administrative489.551 Definitions.—As fines.—used (1) Inin additionthis topart: any administrative action authorized by chapter 120 or by other law, the department may impose a fine, which shall not exceed $500 for each violation, for a violation of s.

381.006(15)(1) “Department” s.means the Department of Environmental Protection Health.

381.006(16),Section 19. Except as otherwise expressly provided in this act, and except for section 2, s.

381.0065,381.0065(7) s.as amended by this act, and this section, which shall take effect upon July 1, 2019, this act shall take effect on July 1, 2020.

381.0066, s.

381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386.

Notice of intent to impose such fine shall be given by the department to the alleged violator.

Each day that a violation continues may constitute a separate violation.

Section 11. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, paragraph (b) of subsection (8) of section 373.026, Florida Statutes, is reenacted to read:

373.026 General powers and duties of the department.—The department, or its successor agency, shall be responsible for the administration of this chapter at the state level.

However, it is the policy of the state that, to the greatest extent possible, the department may enter into interagency or interlocal agreements with any other state agency, any water management district, or any local government conducting programs related to or materially affecting the water resources of the state.

All such agreements shall be subject to the provisions of s.

373.046.

In addition to its other powers and duties, the department shall, to the greatest extent possible:

(8) (b) To ensure to the greatest extent possible that project components will go forward as planned, the department shall collaborate with the South Florida Water Management District in implementing the comprehensive plan as defined in s.

373.470(2)(b), the Lake Okeechobee Watershed Protection Plan as defined in s.

373.4595(2), and the River Watershed Protection Plans as defined in s.

373.4595(2).

Before any project component is submitted to Congress for authorization or receives an appropriation of state funds, the department must approve, or approve with amendments, each project component within 60 days following formal submittal of the project component to the department.

Prior to the release of state funds for the implementation of the comprehensive plan, department approval shall be based upon a determination of the South Florida Water Management District’s compliance with s.

373.1501(5).

Once a project component is approved, the South Florida Water Management District shall provide to the President of the Senate and the Speaker of the House of Representatives a schedule for implementing the project component, the estimated total cost of the project component, any existing federal or nonfederal credits, the estimated remaining federal and nonfederal share of costs, and an estimate of the amount of state funds that will be needed to implement the project component.

All requests for an appropriation of state funds needed to implement the project component shall be submitted to the department, and such requests shall be included in the department’s annual request to the Governor.

Prior to the release of state funds for the implementation of the Lake Okeechobee Watershed Protection Plan or the River Watershed Protection Plans, on an annual basis, the South Florida Water Management District shall prepare an annual work plan as part of the consolidated annual report required in s.

373.036(7).

Upon a determination by the secretary of the annual work plan’s consistency with the goals and objectives of s.

373.4595, the secretary may approve the release of state funds.

Any modifications to the annual work plan shall be submitted to the secretary for review and approval.

Section 12. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (5) of section 373.0363, Florida Statutes, is reenacted to read:

373.0363 Southern Water Use Caution Area Recovery Strategy.— (5) As part of the consolidated annual report required pursuant s.

373.036(7), the district may include:

(a) A summary of the conditions of the Southern Water Use Caution Area, including the status of the components of the West-Central Florida Water Restoration Action Plan.

(b) An annual accounting of the expenditure of funds.

The accounting must, at a minimum, provide details of expenditures separately by plan component and any subparts of a plan component, and include specific information about amount and use of funds from federal, state, and local government sources.

In detailing the use of these funds, the district shall indicate those funds that are designated to meet requirements for matching funds.

Section 13. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (3) of section 373.042, Florida Statutes, is reenacted to read:

373.042 Minimum flows and minimum water levels.— (3) By November 15, annually, each water management district shall submit to the department for review and approval a priority list and schedule for the establishment of minimum flows and minimum water levels for surface watercourses, aquifers, and surface waters within the district.

The priority list and schedule shall identify those listed water bodies for which the district will voluntarily undertake independent scientific peer review;

any reservations proposed by the district to be established pursuant to s.

373.223(4);

and those listed water bodies that have the potential to be affected by withdrawals in an adjacent district for which the department’s adoption of a reservation pursuant to s.

373.223(4) or a minimum flow or minimum water level pursuant to subsection (1) may be appropriate.

By March 1, annually, each water management district shall include its approved priority list and schedule in the consolidated annual report required by s.

373.036(7).

The priority list shall be based upon the importance of the waters to the state or region and the existence of or potential for significant harm to the water resources or ecology of the state or region, and shall include those waters which are experiencing or may reasonably be expected to experience adverse impacts.

Each water management district’s priority list and schedule shall include all first magnitude springs, and all second magnitude springs within state or federally owned lands purchased for conservation purposes.

The specific schedule for establishment of spring minimum flows and minimum water levels shall be commensurate with the existing or potential threat to spring flow from consumptive uses.

Springs within the Suwannee River Water Management District, or second magnitude springs in other areas of the state, need not be included on the priority list if the water management district submits a report to the Department of Environmental Protection demonstrating that adverse impacts are not now occurring nor are reasonably expected to occur from consumptive uses during the next 20 years.

The priority list and schedule is not subject to any proceeding pursuant to chapter 120.

Except as provided in subsection (4), the development of a priority list and compliance with the schedule for the establishment of minimum flows and minimum water levels pursuant to this subsection satisfies the requirements of subsection (1).

Section 14. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (7) of section 373.199, Florida Statutes, is reenacted to read:

373.199 Florida Forever Water Management District Work Plan.— (7) By June 1, 2001, each district shall file with the President of the Senate, the Speaker of the House of Representatives, and the Secretary of Environmental Protection the initial 5-year work plan as required under subsection (2).

By March 1 of each year thereafter, as part of the consolidated annual report required by s.

373.036(7), each district shall report on acquisitions completed during the year together with modifications or additions to its 5-year work plan.

Included in the report shall be:

(a) A description of land management activity for each property or project area owned by the water management district.

(b) A list of any lands surplused and the amount of compensation received.

(c) The progress of funding, staffing, and resource management of every project funded pursuant to former s.

259.101(3), Florida Statutes 2014, s.

259.105, or former s.

373.59(2), Florida Statutes 2014, for which the district is responsible.

1668 The secretary shall submit the report referenced in this subsection to the Board of Trustees of the Internal Improvement Trust Fund together with the Acquisition and Restoration Council’s project list as required under s.

259.105.

Section 15. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section 373.414, Florida Statutes, is reenacted to read:

373.414 Additional criteria for activities in surface waters and wetlands.— (1) As part of an applicant’s demonstration that an activity regulated under this part will not be harmful to the water resources or will not be inconsistent with the overall objectives of the district, the governing board or the department shall require the applicant to provide reasonable assurance that state water quality standards applicable to waters as defined in s.

403.031(13) will not be violated and reasonable assurance that such activity in, on, or over surface waters or wetlands, as delineated in s.

373.421(1), is not contrary to the public interest.

However, if such an activity significantly degrades or is within an Outstanding Florida Water, as provided by department rule, the applicant must provide reasonable assurance that the proposed activity will be clearly in the public interest.

(b) If the applicant is unable to otherwise meet the criteria set forth in this subsection, the governing board or the department, in deciding to grant or deny a permit, shall consider measures proposed by or acceptable to the applicant to mitigate adverse effects that may be caused by the regulated activity.

Such measures may include, but are not limited to, onsite mitigation, offsite mitigation, offsite regional mitigation, and the purchase of mitigation credits from mitigation banks permitted under s.

373.4136.

It shall be the responsibility of the applicant to choose the form of mitigation.

The mitigation must offset the adverse effects caused by the regulated activity.

1. The department or water management districts may accept the donation of money as mitigation only where the donation is specified for use in a duly noticed environmental creation, preservation, enhancement, or restoration project, endorsed by the department or the governing board of the water management district, which offsets the impacts of the activity permitted under this part.

However, the provisions of this subsection shall not apply to projects undertaken pursuant to s.

373.4137 or chapter 378.

Where a permit is required under this part to implement any project endorsed by the department or a water management district, all necessary permits must have been issued prior to the acceptance of any cash donation.

After the effective date of this act, when money is donated to either the department or a water management district to offset impacts authorized by a permit under this part, the department or the water management district shall accept only a donation that represents the full cost to the department or water management district of undertaking the project that is intended to mitigate the adverse impacts.

The full cost shall include all direct and indirect costs, as applicable, such as those for land acquisition, land restoration or enhancement, perpetual land management, and general overhead consisting of costs such as staff time, building, and vehicles.

The department or the water management district may use a multiplier or percentage to add to other direct or indirect costs to estimate general overhead.

Mitigation credit for such a donation shall be given only to the extent that the donation covers the full cost to the agency of undertaking the project that is intended to mitigate the adverse impacts.

However, nothing herein shall be construed to prevent the department or a water management district from accepting a donation representing a portion of a larger project, provided that the donation covers the full cost of that portion and mitigation credit is given only for that portion.

The department or water management district may deviate from the full cost requirements of this subparagraph to resolve a proceeding brought pursuant to chapter 70 or a claim for inverse condemnation.

Nothing in this section shall be construed to require the owner of a private mitigation bank, permitted under s.

373.4136, to include the full cost of a mitigation credit in the price of the credit to a purchaser of said credit.

2. The department and each water management district shall report by March 1 of each year, as part of the consolidated annual report required by s.

373.036(7), all cash donations accepted under subparagraph 1.

during the preceding water management district fiscal year for wetland mitigation purposes.

The report shall exclude those contributions pursuant to s.

373.4137.

The report shall include a description of the endorsed mitigation projects and, except for projects governed by s.

373.4135(6), shall address, as applicable, success criteria, project implementation status and timeframe, monitoring, long term management, provisions for preservation, and full cost accounting.

3. If the applicant is unable to meet water quality standards because existing ambient water quality does not meet standards, the governing board or the department shall consider mitigation measures proposed by or acceptable to the applicant that cause net improvement of the water quality in the receiving body of water for those parameters which do not meet standards.

4. If mitigation requirements imposed by a local government for surface water and wetland impacts of an activity regulated under this part cannot be reconciled with mitigation requirements approved under a permit for the same activity issued under this part, including application of the uniform wetland mitigation assessment method adopted pursuant to subsection (18), the mitigation requirements for surface water and wetland impacts shall be controlled by the permit issued under this part.

Section 16. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in references thereto, paragraph (d) of subsection (4) and subsections (13) and (14) of section 373.4592, Florida Statutes, are reenacted to read:

373.4592 Everglades improvement and management.— (4) EVERGLADES PROGRAM.— (d) Everglades research and monitoring program.— 1. The department and the district shall review and evaluate available water quality data for the Everglades Protection Area and tributary waters and identify any additional information necessary to adequately describe water quality in the Everglades Protection Area and tributary waters.

The department and the district shall also initiate a research and monitoring program to generate such additional information identified and to evaluate the effectiveness of the BMPs and STAs, as they are implemented, in improving water quality and maintaining designated and existing beneficial uses of the Everglades Protection Area and tributary waters.

As part of the program, the district shall monitor all discharges into the Everglades Protection Area for purposes of determining compliance with state water quality standards.

2. The research and monitoring program shall evaluate the ecological and hydrological needs of the Everglades Protection Area, including the minimum flows and levels.

Consistent with such needs, the program shall also evaluate water quality standards for the Everglades Protection Area and for the canals of the EAA, so that these canals can be classified in the manner set forth in paragraph (e) and protected as an integral part of the water management system which includes the STAs of the Everglades Construction Project and allows landowners in the EAA to achieve applicable water quality standards compliance by BMPs and STA treatment to the extent this treatment is available and effective.

3. The research and monitoring program shall include research seeking to optimize the design and operation of the STAs, including research to reduce outflow concentrations, and to identify other treatment and management methods and regulatory programs that are superior to STAs in achieving the intent and purposes of this section.

4. The research and monitoring program shall be conducted to allow the department to propose a phosphorus criterion in the Everglades Protection Area, and to evaluate existing state water quality standards applicable to the Everglades Protection Area and existing state water quality standards and classifications applicable to the EAA canals.

In developing the phosphorus criterion, the department shall also consider the minimum flows and levels for the Everglades Protection Area and the district’s water supply plans for the Lower East Coast.

5. Beginning March 1, 2006, as part of the consolidated annual report required by s.

373.036(7), the district and the department shall annually issue a peer-reviewed report regarding the research and monitoring program that summarizes all data and findings.

The report shall identify water quality parameters, in addition to phosphorus, which exceed state water quality standards or are causing or contributing to adverse impacts in the Everglades Protection Area.

6. The district shall continue research seeking to optimize the design and operation of STAs and to identify other treatment and management methods that are superior to STAs in achieving optimum water quality and water quantity for the benefit of the Everglades.

The district shall optimize the design and operation of the STAs described in the Everglades Construction Project prior to expanding their size.

Additional methods to achieve compliance with water quality standards shall not be limited to more intensive management of the STAs.

(13) ANNUAL REPORTS.—Beginning March 1, 2006, as part of the consolidated annual report required by s.

373.036(7), the district shall report on implementation of the section.

The annual report will include a summary of the water conditions in the Everglades Protection Area, the status of the impacted areas, the status of the construction of the STAs, the implementation of the BMPs, and actions taken to monitor and control exotic species.

The district must prepare the report in coordination with federal and state agencies.

(14) EVERGLADES FUND.—The South Florida Water Management District is directed to separately account for all moneys used for the purpose of funding the Everglades Construction Project as part of the consolidated annual report required by s.

373.036(7).

Section 17. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (3) of section 373.45926, Florida Statutes, is reenacted to read:

373.45926 Everglades Trust Fund;

allocation of revenues and expenditure of funds for conservation and protection of natural resources and abatement of water pollution.— (3) The South Florida Water Management District shall furnish, as part of the consolidated annual report required by s.

373.036(7), a detailed copy of its expenditures from the Everglades Trust Fund to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and shall make copies available to the public.

Section 18. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (6) of section 373.4595, Florida Statutes, is reenacted to read:

373.4595 Northern Everglades and Estuaries Protection Program.— (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in cooperation with the other coordinating agencies, shall report on implementation of this section as part of the consolidated annual report required in s.

373.036(7).

The annual report shall include a summary of the conditions of the hydrology, water quality, and aquatic habitat in the northern Everglades based on the results of the Research and Water Quality Monitoring Programs, the status of the Lake Okeechobee Watershed Construction Project, the status of the Caloosahatchee River Watershed Construction Project, and the status of the St.

Lucie River Watershed Construction Project.

In addition, the report shall contain an annual accounting of the expenditure of funds from the Save Our Everglades Trust Fund.

At a minimum, the annual report shall provide detail by program and plan, including specific information concerning the amount and use of funds from federal, state, or local government sources.

In detailing the use of these funds, the district shall indicate those designated to meet requirements for matching funds.

The district shall prepare the report in cooperation with the other coordinating agencies and affected local governments.

The department shall report on the status of the Lake Okeechobee Basin Management Action Plan, the Caloosahatchee River Watershed Basin Management Action Plan, and the St.

Lucie River Watershed Basin Management Action Plan.

The Department of Agriculture and Consumer Services shall report on the status of the implementation of the agricultural nonpoint source best management practices, including an implementation assurance report summarizing survey responses and response rates, site inspections, and other methods used to verify implementation of and compliance with best management practices in the Lake Okeechobee, Caloosahatchee River, and St.

Lucie River watersheds.

Section 19. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (3) of section 373.463, Florida Statutes, is reenacted to read:

373.463 Heartland headwaters annual report.— (3) The cooperative shall also annually coordinate with the appropriate water management district to submit a status report on projects receiving priority state funding for inclusion in the consolidated water management district annual report required by s.

373.036(7).

Section 20. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (7) of section 373.470, Florida Statutes, is reenacted to read:

373.470 Everglades restoration.— (7) ANNUAL REPORT.—To provide enhanced oversight of and accountability for the financial commitments established under this section and the progress made in the implementation of the comprehensive plan, the following information must be prepared annually as part of the consolidated annual report required by s.

373.036(7):

(a) The district, in cooperation with the department, shall provide the following information as it relates to implementation of the comprehensive plan:

1. An identification of funds, by source and amount, received by the state and by each local sponsor during the fiscal year.

2. An itemization of expenditures, by source and amount, made by the state and by each local sponsor during the fiscal year.

3. A description of the purpose for which the funds were expended.

4. The unencumbered balance of funds remaining in trust funds or other accounts designated for implementation of the comprehensive plan.

5. A schedule of anticipated expenditures for the next fiscal year.

(b) The department shall prepare a detailed report on all funds expended by the state and credited toward the state’s share of funding for implementation of the comprehensive plan.

The report shall include:

1. A description of all expenditures, by source and amount, from the former Conservation and Recreation Lands Trust Fund, the Land Acquisition Trust Fund, the former Preservation 2000 Trust Fund, the Florida Forever Trust Fund, the Save Our Everglades Trust Fund, and other named funds or accounts for the acquisition or construction of project components or other features or facilities that benefit the comprehensive plan.

2. A description of the purposes for which the funds were expended.

3. The unencumbered fiscal-year-end balance that remains in each trust fund or account identified in subparagraph 1.

(c) The district, in cooperation with the department, shall provide a detailed report on progress made in the implementation of the comprehensive plan, including the status of all project components initiated after the effective date of this act or the date of the last report prepared under this subsection, whichever is later.

1961 The information required in paragraphs (a), (b), and (c) shall be provided as part of the consolidated annual report required by s.

373.036(7).

Each annual report is due by March 1.

Section 21. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in references thereto, paragraphs (a) and (b) of subsection (6) of section 373.536, Florida Statutes, are reenacted to read:

373.536 District budget and hearing thereon.— (6) FINAL BUDGET;

ANNUAL AUDIT;

CAPITAL IMPROVEMENTS PLAN;

WATER RESOURCE DEVELOPMENT WORK PROGRAM.— (a) Each district must, by the date specified for each item, furnish copies of the following documents to the Governor, the President of the Senate, the Speaker of the House of Representatives, the chairs of all legislative committees and subcommittees having substantive or fiscal jurisdiction over the districts, as determined by the President of the Senate or the Speaker of the House of Representatives as applicable, the secretary of the department, and the governing board of each county in which the district has jurisdiction or derives any funds for the operations of the district:

1. The adopted budget, to be furnished within 10 days after its adoption.

2. A financial audit of its accounts and records, to be furnished within 10 days after its acceptance by the governing board.

The audit must be conducted in accordance with s.

11.45 and the rules adopted thereunder.

In addition to the entities named above, the district must provide a copy of the audit to the Auditor General within 10 days after its acceptance by the governing board.

3. A 5-year capital improvements plan, to be included in the consolidated annual report required by s.

373.036(7).

The plan must include expected sources of revenue for planned improvements and must be prepared in a manner comparable to the fixed capital outlay format set forth in s.

216.043.

4. A 5-year water resource development work program to be furnished within 30 days after the adoption of the final budget.

The program must describe the district’s implementation strategy and include an annual funding plan for each of the 5 years included in the plan for the water resource and water supply development components, including alternative water supply development, of each approved regional water supply plan developed or revised under s.

373.709.

The work program must address all the elements of the water resource development component in the district’s approved regional water supply plans, as well as the water supply projects proposed for district funding and assistance.

The annual funding plan shall identify both anticipated available district funding and additional funding needs for the second through fifth years of the funding plan.

The work program must identify projects in the work program which will provide water;

explain how each water resource and water supply project will produce additional water available for consumptive uses;

estimate the quantity of water to be produced by each project;

provide an assessment of the contribution of the district’s regional water supply plans in supporting the implementation of minimum flows and minimum water levels and water reservations;

and ensure sufficient water is available to timely meet the water supply needs of existing and future reasonable-beneficial uses for a 1-in-10-year drought event and to avoid the adverse effects of competition for water supplies.

(b) Within 30 days after its submittal, the department shall review the proposed work program and submit its findings, questions, and comments to the district.

The review must include a written evaluation of the program’s consistency with the furtherance of the district’s approved regional water supply plans, and the adequacy of proposed expenditures.

As part of the review, the department shall post the proposed work program on its website and give interested parties the opportunity to provide written comments on each district’s proposed work program.

Within 45 days after receipt of the department’s evaluation, the governing board shall state in writing to the department which of the changes recommended in the evaluation it will incorporate into its work program submitted as part of the March 1 consolidated annual report required by s.

373.036(7) or specify the reasons for not incorporating the changes.

The department shall include the district’s responses in a final evaluation report and shall submit a copy of the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

Section 22. For the purpose of incorporating the amendment made by this act to section 373.036, Florida Statutes, in a reference thereto, subsection (8) of section 373.707, Florida Statutes, is reenacted to read:

373.707 Alternative water supply development.— (8)(a) The water management districts and the state shall share a percentage of revenues with water providers and users, including local governments, water, wastewater, and reuse utilities, municipal, special district, industrial, and agricultural water users, and other public and private water users, to be used to supplement other funding sources in the development of alternative water supplies and conservation projects that result in quantifiable water savings.

(b) Beginning in the 2005-2006 fiscal year, the state shall annually provide a portion of those revenues deposited into the Water Protection and Sustainability Program Trust Fund for the purpose of providing funding assistance for the development of alternative water supplies and conservation projects that result in quantifiable water savings pursuant to the Water Protection and Sustainability Program.

At the beginning of each fiscal year, beginning with the 2005-2006 fiscal year, such revenues shall be distributed by the department into the alternative water supply trust fund accounts created by each district for the purpose of alternative water supply development under the following funding formula:

1. Thirty percent to the South Florida Water Management District;

2. Twenty-five percent to the Southwest Florida Water Management District;

3. Twenty-five percent to the St.

Johns River Water Management District;

4. Ten percent to the Suwannee River Water Management District;

and 5. Ten percent to the Northwest Florida Water Management District.

(c) The financial assistance for alternative water supply projects allocated in each district’s budget as required in subsection (6) shall be combined with the state funds and used to assist in funding the project construction costs of alternative water supply projects and the project costs of conservation projects that result in quantifiable water savings selected by the governing board.

If the district has not completed any regional water supply plan, or the regional water supply plan does not identify the need for any alternative water supply projects, funds deposited in that district’s trust fund may be used for water resource development projects, including, but not limited to, springs protection.

(d) All projects submitted to the governing board for consideration shall reflect the total capital cost for implementation.

The costs shall be segregated pursuant to the categories described in the definition of capital costs.

(e) Applicants for projects that may receive funding assistance pursuant to the Water Protection and Sustainability Program shall, at a minimum, be required to pay 60 percent of the project’s construction costs.

The water management districts may, at their discretion, totally or partially waive this requirement for projects sponsored by:

1. Financially disadvantaged small local governments as defined in former s.

403.885(5);

or 2. Water users for projects determined by a water management district governing board to be in the public interest pursuant to paragraph (1)(f), if the projects are not otherwise financially feasible.

2104 The water management districts or basin boards may, at their discretion, use ad valorem or federal revenues to assist a project applicant in meeting the requirements of this paragraph.

(f) The governing boards shall determine those projects that will be selected for financial assistance.

The governing boards may establish factors to determine project funding;

however, significant weight shall be given to the following factors:

1. Whether the project provides substantial environmental benefits by preventing or limiting adverse water resource impacts.

2. Whether the project reduces competition for water supplies.

3. Whether the project brings about replacement of traditional sources in order to help implement a minimum flow or level or a reservation.

4. Whether the project will be implemented by a consumptive use permittee that has achieved the targets contained in a goal based water conservation program approved pursuant to s.

373.227.

5. The quantity of water supplied by the project as compared to its cost.

6. Projects in which the construction and delivery to end users of reuse water is a major component.

7. Whether the project will be implemented by a multijurisdictional water supply entity or regional water supply authority.

8. Whether the project implements reuse that assists in the elimination of domestic wastewater ocean outfalls as provided in s.

403.086(9).

9. Whether the county or municipality, or the multiple counties or municipalities, in which the project is located has implemented a high-water recharge protection tax assessment program as provided in s.

193.625.

(g) Additional factors to be considered in determining project funding shall include:

1. Whether the project is part of a plan to implement two or more alternative water supply projects, all of which will be operated to produce water at a uniform rate for the participants in a multijurisdictional water supply entity or regional water supply authority.

2. The percentage of project costs to be funded by the water supplier or water user.

3. Whether the project proposal includes sufficient preliminary planning and engineering to demonstrate that the project can reasonably be implemented within the timeframes provided in the regional water supply plan.

4. Whether the project is a subsequent phase of an alternative water supply project that is underway.

5. Whether and in what percentage a local government or local government utility is transferring water supply system revenues to the local government general fund in excess of reimbursements for services received from the general fund, including direct and indirect costs and legitimate payments in lieu of taxes.

(h) After conducting one or more meetings to solicit public input on eligible projects, including input from those entities identified pursuant to s.

373.709(2)(a)3.d.

for implementation of alternative water supply projects, the governing board of each water management district shall select projects for funding assistance based upon the criteria set forth in paragraphs (f) and (g).

The governing board may select a project identified or listed as an alternative water supply development project in the regional water supply plan, or allocate up to 20 percent of the funding for alternative water supply projects that are not identified or listed in the regional water supply plan but are consistent with the goals of the plan.

(i) Without diminishing amounts available through other means described in this paragraph, the governing boards are encouraged to consider establishing revolving loan funds to expand the total funds available to accomplish the objectives of this section.

A revolving loan fund created under this paragraph must be a nonlapsing fund from which the water management district may make loans with interest rates below prevailing market rates to public or private entities for the purposes described in this section.

The governing board may adopt resolutions to establish revolving loan funds which must specify the details of the administration of the fund, the procedures for applying for loans from the fund, the criteria for awarding loans from the fund, the initial capitalization of the fund, and the goals for future capitalization of the fund in subsequent budget years.

Revolving loan funds created under this paragraph must be used to expand the total sums and sources of cooperative funding available for the development of alternative water supplies.

The Legislature does not intend for the creation of revolving loan funds to supplant or otherwise reduce existing sources or amounts of funds currently available through other means.

(j) For each utility that receives financial assistance from the state or a water management district for an alternative water supply project, the water management district shall require the appropriate rate-setting authority to develop rate structures for water customers in the service area of the funded utility that will:

1. Promote the conservation of water;

and 2. Promote the use of water from alternative water supplies.

(k) The governing boards shall establish a process for the disbursal of revenues pursuant to this subsection.

(l) All revenues made available pursuant to this subsection must be encumbered annually by the governing board when it approves projects sufficient to expend the available revenues.

(m) This subsection is not subject to the rulemaking requirements of chapter 120.

(n) By March 1 of each year, as part of the consolidated annual report required by s.

373.036(7), each water management district shall submit a report on the disbursal of all budgeted amounts pursuant to this section.

Such report shall describe all alternative water supply projects funded as well as the quantity of new water to be created as a result of such projects and shall account separately for any other moneys provided through grants, matching grants, revolving loans, and the use of district lands or facilities to implement regional water supply plans.

(o) The Florida Public Service Commission shall allow entities under its jurisdiction constructing or participating in constructing facilities that provide alternative water supplies to recover their full, prudently incurred cost of constructing such facilities through their rate structure.

If construction of a facility or participation in construction is pursuant to or in furtherance of a regional water supply plan, the cost shall be deemed to be prudently incurred.

Every component of an alternative water supply facility constructed by an investor owned utility shall be recovered in current rates.

Any state or water management district cost share is not subject to the recovery provisions allowed in this paragraph.

Section 23. This act shall take effect July 1, 2019.