Water & Environmental Sustainability Legislation
Please navigate below to view a summary or check the status and recent updates of water & environmental sustainability bills monitored by FAC.
Sponsor: Bell/Collins
Status: Monitor
To view latest bill actions, see below:
- Under current law, Florida is the only state to not allow reciprocal licensing of water utility operators licensed in other federal, state, or territorial jurisdictions. This bill would allow for limited reciprocity in licensing of water utility operators. Operators in good standing in non-Florida jurisdictions, as well as veterans who performed “comparable duties” in the scope of their military service would be made eligible for licensure in the state. Additionally, the bill would allow the Department of Environmental Protection to issue temporary wastewater operating licenses, as well as waive licensing fees during a declared state of emergency. Effective Date: 7/1/23
Sponsor: Garcia (A)/Rodriguez
Status: Monitor
Revises the current prohibition on initiative and referendum processes to prohibit those processes from being used for any land development regulations. Currently, both development orders and local comprehensive plan amendments are prohibited from initiative or referendum processes. Effective Date: 7/1/23
Sponsor: Garcia (I)/ Mooney, Jr.
Status: Monitor
To view latest bill actions, see below:
Requires the Department of Environmental Protection to adopt rules for mangrove replanting and restoration, providing requirements. Address significant erosion in areas of critical state concern. Identify vulnerable public and private properties along the coastline and encourage partnerships with local governmental entities to create local mangrove protection and restoration zone programs for implementing the rules developed by the department pursuant to this subsection. Identify vulnerable public and private properties along the coastline and encourage partnerships with local governmental entities to create local mangrove protection and restoration zone programs for implementing the rules developed by the department pursuant to this subsection. Effective Date: 7/1/23
Sponsor: Hunschofsky/Calatayud
Status: Monitor
To view latest bill update, see below:
Makes technical changes to the statute governing construction in an “area at risk due to sea level rise.” Establishes the threshold for “tidal flooding” as two feet above mean high water. Directs the Department of Environmental Protection (DEP) to establish a threshold for “significant” flood damage, for at-risk infrastructure where replacement cost is not a practical metric. Directs DEP to adopt, within their broader rulemaking process, a series of flood mitigation strategies. Effective Date 7/1/23
Sponsor: Berman/Gossett-Seidman
Status: Monitor
To view latest bill actions, see below:
Provides that counties are responsible for maintaining the health advisory signs around affected beach waters (elevated levels of fecal coliform, Escherichia coli, or Enterococci bacteria in the water) and public bathing places that they own. Requires, rather than authorizes, the Department of Health to adopt and enforce certain rules. Directs the department to require the closure of beach waters and public bathing places under certain circumstances; including public bathing places in an existing preemption of authority to the state pertaining to the issuance of such health advisories and an existing notification requirement. Requires the department to establish a public statewide interagency database for a specified purpose. Effective Date: 7/1/23
Sponsor: Edmonds/Powell
Status: Monitor
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Requires DOH and county health departments additional responsibility to notify the public via text message to each owner or occupant of affected residences in which health hazards exist due to contamination from pollutants or hazardous substances. The notice by text message must include the date of the findings of contamination, the levels of contamination found, and the date of restoration of potable water. Effective Date: 7/1/23
Sponsor: Harrell/Sirois
Status: Monitor
Appropriates from the Land Acquisition Trust Fund (LATF) a minimum of the lesser of 7.6 percent of the funds remaining after debt service or $50 million annually for projects dedicated to the conservation of the Indian River Lagoon. The Department of Environmental Protection (DEP) will use the funds to provide grants for projects that implement the 2008 updated Indian River Lagoon Comprehensive Conservation and Management Plan. Priority must be given to projects for ecosystem monitoring and habitat restoration, septic to sewer conversion, and management of stormwater, freshwater, and agricultural discharges. Grants for septic to sewer conversion and discharge management projects must require a minimum 50 percent local match. Beginning January 1, 2024, DEP must annually submit a report regarding the projects to the Governor and the Legislature. Effective Date: 7/1/23
Sponsor: Rodriguez/Mooney, Jr.
Authorizes certain coastal communities to establish pilot programs to regulate single-use plastic products. To establish a pilot program, a coastal community must adopt an ordinance within the community’s jurisdiction with requirements. provides requirements for establishing such pilot programs; requires DEP to submit updated retail bag reports with conclusions and recommendations to Legislature by specified dates. Effective Date: Upon becoming a law
Sponsor: Killebrew/Burton
Status: Monitor
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Adds exemptions to the management and storage of surface waters statutes for measures or practices implemented primarily for environmental habitat creation or enhancement activities on lands specifically classified as agricultural or government-owned lands. The bill removes language that limits this exemption to measures or practices determined to have a minimal or insignificant individual and cumulative adverse impact on the water resources of the state. Provides that the measures or practices stated above may alter the topography of the land, including activities and improvements that divert the flow of surface waters or impact wetlands on the land, if the activities result in a net increase in wetland resource functions. They must be planned, designed, and implemented to result in a wetland habitat that resembles the characteristics of a functional wetland habitat in the same region. If the measures or practices result in a violation of water quality standards, they will not qualify for the exemption. Removes language requiring the Department of Environmental Protection (DEP) or the water management districts (WMDs) to notify in writing whether the proposed activity qualifies for the exemption within 30 days after receipt of an exemption request. The bill also removes language requiring provision of the written notice prior to commencement of the activity. requires the owner of the property where the measures or practices will be implemented, or their designee, to provide written notification to DEP or the WMD within 30 days before commencing work. If the measures or practices will implement a mitigation bank or an offsite regional mitigation area, the property owner must show DEP or the WMD evidence of the required permit. A property owner is not authorized to use mitigation to offset impacts except through compliance with statutes governing mitigation banks and offsite regional mitigation and the rules adopted pursuant to those statutes.
Sponsor: Cross/Stewart
Status: Monitor
- Implements the the recommendations of the Blue-Green Algae Task Force. Requires owners of certain onsite sewage treatment and disposal systems to have the systems periodically inspected by July 1, 2025. The Department of Environmental Protection must administer the inspection program. Requires a county-by-county implementation plan phased over a 10 year period, particularly areas of focus for springs identified by FDEP. Requires the new or revised basin management action plans to include a list that identifies and prioritizes certain spatially focused projects, and more. Effective Date: 7/1/23
Sponsor: Rodriguez/ Basabe
Status: Support
To view latest bill actions, see below:
Authorizing the Department of Environmental Protection to provide wastewater grant program grants to projects directed at or focused on a water body included on a specified list of impaired waters, etc. Projects to retrofit onsite sewage treatment and disposal systems to upgrade such systems to enhanced nutrient reducing onsite sewage treatment and disposal systems. Projects to construct, upgrade, or expand facilities to provide advanced waste treatment. Projects to connect onsite sewage treatment and disposal systems to central sewer facilities. Effective Date: 7/1/23
Sponsor: Stewart
Status: Support
To view latest bill actions, see below:
- Removing the preemption of local laws regarding the regulation of auxiliary containers, wrappings, or disposable plastic bags; removing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services, etc. Effective Date: 7/01/23
Sponsor: Stewart/Casello
Status: Support
To view latest bill actions, see below:
Requires the Department of Environmental Protection to develop a comprehensive waste reduction and recycling plan for this state by a specified date, based on certain department recommendations. It requires the department to convene a technical assistance group for a specified purpose, providing minimum requirements for the comprehensive plan. Provides that the plan must:
- Identify recycling goals based on sustainable materials management and waste diversion; and
- Include a three-year plan to implement the following strategies:
- Recycling education and outreach: DEP must propose statewide solutions to provide local recycling information and education.
- Recycling education and outreach: DEP must propose statewide solutions to provide local recycling information and education.
- Local government recycling assistance: DEP must evaluate the benefits and challenges of the former state Recycling and Education Grant Program and provide recommendations for reinstating the program or consider other means of providing assistance to local governments.
- Recycling materials market development: DEP must consider and recommend plans to develop and promote markets for recycling materials.
Directs DEP to provide a report to the President of the Senate and the Speaker of the House of Representatives upon completion of the plan.
- Effective Date: 7/1/23
Sponsor: Avila/ LaMarca
Status: Monitor
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Requires the Department of Environmental Protection to submit a status report on the Osborne Reef cleanup and tire removal project to the Legislature by December 1, 2023. Requires the Department to develop a restoration plan for the reef by July 1, 2024.Effective Date: 7/1/23
Sponsor: Bell/Burton
Status: Monitor
Appropriates $20 million from the Land Acquisition Trust Fund to the Department of Environmental Protection to implement the Heartland Headwaters Protection and Sustainability Act (Act). The funds must be used to enter into financial assistance agreements and distributed in accordance with the projects identified in the Heartland Headwaters Annual Report that protect, restore, or enhance the headwaters of the river systems located in the Heartland Region of Central Florida. Effective Date: 7/1/23
Sponsor: Cross/Roth, Stewart
Status: Monitor
Extends the retirement date of Land Acquisition Trust Fund (LATF) bonds issued to fund the Florida Forever Act to 2054. Revises the Florida Forever Act LATF distributions within 259.105(3). Requires a minimum annual appropriation of the lesser of 40% or $300 million to the Florida Forever Trust Fund. Prohibits use of moneys to the LATF from any costs associated with administrative costs from DEP, FDACS, FWC, and DOS.
Sponsor: Truenow/Rodriguez
Status: Monitor
Authorizes counties & municipalities to access sanitary sewer mainlines within or outside its jurisdiction to investigate, clean, repair, recondition, or replace the sanitary sewer mainline; authorizes counties & municipalities to access sanitary sewer laterals within their jurisdictions to investigate, clean, repair, recondition, or replace the sanitary sewer lateral; provides that counties & municipalities identify a defective, damaged, or deteriorated sanitary sewer lateral and initiates a program to eliminate extraneous flow, the county must notify property owner and within 14 days access the owner’s property to address the defective, damaged, or deteriorated sanitary sewer lateral. Local governments are responsible for any repair work done on the private property. Local governments must use a prescriptive process to repair the lateral using one continuous monolithic pipe system installed by a licensed plumber and inspect the lateral using a specific certified process, a lateral launch or similar CCTV camera system and conducted by a Pipeline Assessment Certification Program (PACP) and Lateral Assessment and Certification Program (LACP) certified camera operator. Local governments may use state or local funds allocated for the purpose of environmental preservation or the protection of water quality.
Effective Date: July 1, 2023
Sponsor: Basabe/Trumbull
Status: Monitor
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Establishes statewide Covered Electronic Device Recovery Program within Department of Environmental Protection. Authorizes Department of Environmental Protection to use specified funds to administer program. Specifies requirements for statewide plan for recycling of covered electronic devices. Requires counties to submit specified plan for disposal of covered electronic devices by specified date. Requires owners or operators of certain facilities to begin disposing of such facilities’ covered electronic devices in permitted reclamation facility beginning on specified date. Prohibits any person from disposing of covered electronic devices except at permitted reclamation facility beginning on specified dates; provides civil penalties. Authorizes such penalties to be waived under certain conditions. Effective Date: 7/1/23
Sponsor: Polsky/Cross
Status: Monitor
To view latest bill actions, see below:
- Authorizes the Department of Environmental Protection to provide grants to coastal counties for saltwater intrusion vulnerability assessments analyzing the effects of saltwater intrusion on a county’s water supply and the preparedness of the county to respond to such a threat, including water utility infrastructure, wellfield protection, and freshwater supply management. Requires the department to update the comprehensive statewide flood vulnerability and sea level rise data set and make certain information received from the saltwater intrusion vulnerability assessments available on its website. Requires the department to provide cost-share funding up to a specified amount for awarded grants. Specifies that certain counties are not required to contribute to the cost-share funding, a county with a population of 50,000 or less is not required to contribute to the cost-share. Effective Date: Upon becoming a law.
Sponsor: Ingoglia/Holcomb
Status: Oppose
Prohibits counties and municipalities from prohibiting or unreasonably restraining private entities from providing solid waste management services within the local government’s jurisdiction. Counties and municipalities may require these entities to require a permit, license, or non-exclusive franchise equivalent, though the cost may not exceed a nominal amount for administration. The bill also sunsets all active commercial solid waste franchise agreements at the conclusion of their current contract and prohibits exclusive renewal. Effective Date: 7/1/23
Sponsor: Yeager/ DiCeglie
Status: Monitor
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- Revise types of contracts which are eligible for cost recovery by public utility. Authorizes public utility to recover prudently incurred renewable natural gas & hydrogen fuel infrastructure project costs through appropriate PSC cost-recovery mechanism. Provides that such costs prudently incurred are not subject to further actions except and specifies eligible renewable natural gas & hydrogen fuel infrastructure projects. Effective Date: 7/1/23
Sponsor: Basabe/Trumbull
Status: Monitor
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- Known as the Flood Damage Prevention Act of 2023, provides voluntary freeboard requirements for all new construction and substantial improvements to existing construction, and prohibits voluntary freeboard from being used in the calculation of the maximum allowable height for certain construction in applicable zoning districts. Authorizes local governments to adopt by ordinance a minimum freeboard requirement or a maximum voluntary freeboard that exceeds the minimum requirements in the Florida Building Code or established in the act. Effective Date: 7/1/2023
Sponsor: Brodeur/Tuck
Status: Monitor
Authorizes the Department of Environmental Protection (DEP) to provide grants from the wastewater grant program for projects that convert wastewater residuals to Class A and Class AA biosolids. DEP must prioritize the projects by considering the cost-effectiveness and overall environmental benefit of the project. The bill prohibits DEP from authorizing a land application site permit for a Class B biosolid within the subwatershed of a waterbody designated as impaired or within an adjoining upstream subwatershed containing surface waters that flow to a waterbody designated as impaired unless the applicant affirmatively demonstrates that the phosphorus and nitrogen in the biosolids will not add to the nutrient load in the impaired subwatershed. DEP must annually publish updated maps designating the subwatersheds of waterbodies protected under the prohibition. The bill provides deadlines by which new or renewed Class B biosolid land application site permits must meet statutory biosolids management requirements. The bill directs DEP to administer financial assistance so that at least 15 percent of the funding made available each year under the Clean Water State Revolving Fund is reserved for projects that convert wastewater residuals to Class A and Class AA biosolids during the year such funding is reserved.
Sponsor: DiCeglie
Status: Monitor
To view latest bill actions, see below:
- Prohibits local governments adopting technical amendments to the Florida Building Code to implement the National Flood Insurance Program or incentives from denying requests for specified variances or exceptions to certain local floodplain management requirements. Effective Date: 7/1/23
Sponsor: Stewart
Status: Monitor
To see latest bill actions, see below:
Creating part III of ch. 211, F.S., entitled “Tax on Water Extracted for Commercial or Industrial Use”; imposing an excise tax upon persons extracting water from waters of the state for commercial or industrial use, except under certain circumstances; requiring that tax proceeds be separately accounted for and be used for certain purposes by the Department of Environmental Protection; specifying requirements for extractors in filing monthly returns with the Department of Revenue; authorizing the department to prescribe certain forms by rule; providing criminal penalties for certain violations. Effective Date: 7/1/2023
Sponsor: Eskamani/Berman
Status: Monitor
Prohibits drilling or exploration for, or production of, oil, gas, or other petroleum products & permitting & construction of certain related structures; requires statewide renewable energy electricity & carbon emission reductions by specified dates; directs Office of Energy within DACS to develop unified statewide plan; requires office to submit plan & updates to Governor & Legislature; creates Renewable Energy Advisory Committee; directs Commissioner of Agriculture to submit specified annual report to Legislature. Effective Date: July 1, 2023
Sponsor: Gossett-Seidman/Rodriguez
Status: Monitor
Amends s. 403.816, F.S., to provide that, as a condition of a permit issued for maintenance dredging of deepwater ports, the Department of Environmental Protection (DEP) must require a habitat equivalency analysis to determine the adverse impacts of the dredging activity on the natural habitat. The bill requires the analysis to be conducted by an independent contractor selected by the local government in a manner prescribed by DEP. Further, the independent contractor for the analysis may not be associated with any project of the contractor performing the dredging activity for the local government. The bill directs the local government to provide written notice of its intent to conduct a habitat equivalency analysis to adjacent local governments that may be impacted by the dredging activity.
Sponsor: Tramont/Wright
Status: Monitor
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- Authorizes counties and municipalities to establish within certain portions of the Florida Intracoastal Waterway slow speed, minimum wake boating-restricted areas within a specified distance from private or public marina pumpouts. Effective Date: 7/1/23
Sponsor: Buchanan / Grall
Status: Monitor
Authorizes establishment of infrastructure resilience districts & condominium resilience districts; provides requirements related to establishment of such districts, including petitions, public hearings, resolutions, size, boards, & budgets; requires resilience districts to replace certain other special taxing districts; specifies acceptable uses of resilience districts for infrastructure & condominiums; authorizes payment of fees for project management of infrastructure resilience district. Effective Date: July 1, 2023
Sponsor: Maggard/Burgess
To view the latest bill actions, see below:
- Preempts counties and municipalities from the regulation of water quality, water quantity, pollution control, discharge prevention, and wetlands to the state. This does not apply to interagency or interlocal agreements between specified entities, or the authority over the regulation and operation of water systems, wastewater systems, or stormwater systems. This is a broad water management preemption over all of Florida’s counties. Effective Date: 7/1/23
Sponsor: Melo/Rodriguez
Status: Monitor
Requires determinations on building new energy generating facilities to take certain factors into consideration; prohibits local governmental entities from requiring or prohibiting certain building materials, vehicles, or home heating elements; authorizes local governmental entities to adopt bid specifications for public works projects that take energy savings or production into consideration; prohibits adoption or enforcement of certain state & regional programs to regulate greenhouse gas emissions without specific legislative authorization. Effective Date: 7/1/23
Sponsor: Collins/Buchanan
Status: Monitor
Prevents local governmental entities from enacting or enforcing resolution, ordinance, rule, code, or policy or from taking any action that restricts or prohibits or has effect of restricting or prohibiting use of any major appliances, including a stove or grill, which uses the types or fuel source of energy production which may be used, delivered, converted, or supplied by:
Investor-owned electric utilities;
Municipal electric utilities;
Rural electric cooperatives;
Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;
Investor-owned gas utilities;
Gas districts;
Municipal natural gas utilities;
Natural gas transmission companies; and
Certain propane dealers, dispensers, and gas cylinder exchange operators. Effective Date: 7/1/23
Sponsor: Busatta Cabrera
Status: Monitor
To view the latest bill actions, see below:
The bill places limits on the portion of municipal utility revenues that may be used to fund or finance a municipality’s non-utility related general government functions. In doing so, the bill limits the rate of transfer for municipal electric, natural gas, and water or wastewater utilities. Under the bill, the greater the proportion of customers outside of the city boundaries that a municipal utility serves, the lower the cap is on transfers. However, if a municipal utility is governed by a utility authority board that, through the election of voting members from outside the municipal boundaries, provides for representation of retail customers located outside the municipal boundaries approximately proportionate to the percentage of such customers, then transfers of revenue are not subject to a reduced cap.Effective Date: 07/01/2023
Sponsor: Truenow/Bradley
Status: Monitor
To view latest bill actions, see below:
- Prohibits local governments from adopting any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit collection, storage, processing, or distribution of organic material products. Provides that such activities are bona fide farm operation & lands associated with such activities are agricultural. Effective Date: 7/1/23
Sponsor: Steele/Brodeur
Status: Monitor
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- Revises & creates various provisions under DEP jurisdiction relating to groundwater & wastewater capital improvement schedules in local government comprehensive plans. Indian River Lagoon & watershed protection, research, & water quality monitoring; onsite sewage treatment & disposal systems; transfer of specified funds from DEP to WMDs; basin management action plans; Outstanding Florida Springs; legislative budget requests; wastewater grant program; sewage disposal facilities; & ratification of specified rules. Effective Date: 7/1/23
Sponsor: Basabe/Rodriguez
Status: Monitor
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- Revises anchoring limitation areas in certain sections of Biscayne Bay in Miami-Dade County. Revises timeframe during which person may anchor vessel in anchoring limitation area within which such anchoring would otherwise be unlawful. Requires law enforcement officers to conduct national criminal background checks for vessel owners who are issued citations for specified violations. Effective Date: 7/1/23
Sponsor: Caruso
Status: Monitor
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- Requires owners of certain onsite sewage treatment & disposal systems to have periodic inspections and pay specified costs. Directs FDEP to administer inspection program. Provides implementation schedule, qualified contractors, exemptions, assessment & inspection procedures, fees, notices, disciplinary actions, & penalties; Prohibits partial inspection & omission of inspection portions. Effective Date: 7/1/23
Sponsor: S Environment and Natural Resources / Overdorf (H Water Quality, Supply, & Treatment SUBCMTE.)
Status: Monitor
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- Ratifies the wastewater and septic system administrative rule language drafted by the Department of Environmental Protection. 2020’s Clean Waterways Act directed the Department of Environmental Protection to adopt rules regarding wastewater policies and onsite sewage treatment and disposal systems. Because the estimated costs associated with the rule exceed $1 million in the first five years, legislative ratification is required.
- The bill imposes stricter permitting requirements on septic systems and tightens the statutory requirements on domestic wastewater treatment facilities. This includes annual reporting on wastewater planning, as well as certain contingency requirements for wastewater facilities.
- The bill also ratifies Florida Administrative Code Rules 62-600.405, 62-600.705, and 62600.720, relating to domestic wastewater facilities, which: Require a pipe assessment, repair, and replacement plan and an annual report on the plan; Include statutory requirements for a power outage contingency plan; Include statutory requirements for an annual report on utilities’ expenditures on pollution mitigation efforts; and Require certain domestic wastewater facilities’ emergency response plans to address cybersecurity. Effective Date: upon becoming a law