Florida Senate - 2020 SB 638 By Senator Montford 3-00560A-20 2020638__ Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Apalachicola Environmental 2 Stewardship Act; providing a

short title; amending s. 3 259.105, F.S.; appropriating a sum annually for a 4 specified timeframe from the Florida Forever Fund to 5 the Apalachicola Area of Critical State Concern for 6 specified purposes; amending s. 380.0555, F.S.; 7 renaming the Apalachicola Bay Area of Critical State 8 Concern as the Apalachicola Area of Critical State 9 Concern; deleting obsolete language; making technical 10 changes; providing additional principles for guiding 11 development within the Apalachicola Area of Critical 12 State Concern to include projects that protect and 13 improve water quality; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17

Section 1. This act may be referred to as “The Apalachicola 18 Environmental Stewardship Act.” 19

Section 2. Paragraph (

b) of subsection (3) of

section 20 259.105, Florida Statutes, is amended to read: 21 259.105 The Florida Forever Act.— 22

(3) Less the costs of issuing and the costs of funding 23 reserve accounts and other costs associated with bonds, the 24 proceeds of cash payments or bonds issued pursuant to this 25

section shall be deposited into the Florida Forever Trust Fund 26 created by s. 259.1051. The proceeds shall be distributed by the 27 Department of Environmental Protection in the following manner: 28 (

b) Thirty-five percent to the Department of Environmental 29

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 2 of 15 CODING: Words stricken are deletions; words underlined are additions. Protection for the acquisition of lands and capital project 30 expenditures described in this section. Of the proceeds 31 distributed pursuant to this paragraph, it is the intent of the 32 Legislature that an increased priority be given to those 33 acquisitions which achieve a combination of conservation goals, 34 including protecting Florida’s water resources and natural 35 groundwater recharge. 36 1.

At a minimum, 3 percent, and no more than 10 percent, of 37 the funds allocated pursuant to this paragraph shall be spent on 38 capital project expenditures identified during the time of 39 acquisition which meet land management planning activities 40 necessary for public access. 41 2. Beginning in the 2017-2018 fiscal year and continuing 42 through the 2026-2027 fiscal year, at least $5 million of the 43 funds allocated pursuant to this paragraph shall be spent on 44 land acquisition within the Florida Keys Area of Critical State 45 Concern as authorized pursuant to s. 259.045. 46 3.

Beginning in the 2020-2021 fiscal year and continuing 47 through the 2024-2025 fiscal year, at least $12 million of the 48 funds allocated pursuant to this paragraph shall be spent on 49 land acquisition and projects that improve surface water and 50 groundwater quality in the Apalachicola River and in 51 Apalachicola Bay within the Apalachicola Area of Critical State 52 Concern as authorized pursuant to s. 380.0555, including the 53 construction and replacement of stormwater management facilities 54 and central sewage collection facilities, installation of onsite 55 sewage treatment and disposal systems, direct and indirect 56 potable reuse, other water quality and water supply projects, 57 and land acquisition projects that protect water quality. 58

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. a. Priority must be given to land acquisitions that achieve 59 a combination of conservation goals, including protecting and 60 preserving fisheries and wildlife habitats, recreational spaces, 61 nearshore water quality, surface water resources, and 62 groundwater recharge. 63 b.

At least 3 percent but not more than 10 percent of the 64 funds allocated for land acquisition shall be spent on projects 65 and activities identified during the time of acquisition, 66 including land management, increased public access and 67 recreational opportunities, and greenways. 68

Section

Section 380.0555, Florida Statutes, is amended 69 to read: 70 380.0555 Apalachicola Bay Area; protection and designation 71 as area of critical state concern.— 72

(1) SHORT TITLE.—This act shall be known and cited as the 73 “Apalachicola Bay Area Protection Act.” 74

(2) LEGISLATIVE INTENT.—It is hereby declared that the 75 intent of the Legislature is: 76 (

a) To protect the water quality of the Apalachicola Bay 77 Area to ensure a healthy environment and a thriving economy for 78 the residents of the area and the state. 79 (

b) To financially assist Franklin County and its 80 municipalities in upgrading and expanding their sewerage 81 systems. 82 (

c) To protect the Apalachicola Bay Area’s natural and 83 economic resources by implementing and enforcing comprehensive 84 plans and land development regulations. 85 (

d) To assist Franklin County and its municipalities with 86 technical and advisory assistance in formulating additional land 87

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. development regulations and modifications to comprehensive 88 plans. 89 (

e) To monitor activities within the Apalachicola Bay Area 90 to ensure the long-term protection of all the area’s resources. 91 (

f) To promote a broad base of economic growth which is 92 compatible with the protection and conservation of the natural 93 resources of the Apalachicola Bay Area. 94 (

g) To educate the residents of the Apalachicola Bay Area 95 in order to protect and preserve its natural resources. 96 (

h) To provide affordable housing in close proximity to 97 places of employment in the Apalachicola Bay Area. 98 (

i) To protect and improve the water quality of the 99 Apalachicola Bay Area through federal, state, and local funding 100 of water quality improvement projects, including the 101 construction and operation of wastewater management facilities 102 that meet state requirements. 103

(3) DESIGNATION.—Franklin County, as described in s. 7.19, 104 less all federally owned lands, less all lands lying east of the 105 line formed by the eastern boundary of State Road 319 running 106 from the Ochlockonee River to the intersection of State Road 319 107 and State Road 98 and thence due south to the Gulf of Mexico, 108 and less any lands removed under subsection (4), is hereby 109 designated an area of critical state concern on June 18, 1985. 110 State road, for the purpose of this section, shall be defined as 111 in s. 334.03. For the purposes of this act, this area shall be 112 known as the Apalachicola Bay Area. 113

(4) REMOVAL OF DESIGNATION.—The state land planning agency 114 may recommend to the Administration Commission the removal of 115 the designation from all or part of the area specified in 116

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions. subsection (3), if it determines that all local land development 117 regulations and local comprehensive plans and the administration 118 of such regulations and plans are adequate to protect the 119 Apalachicola Bay Area, continue to carry out the legislative 120 intent set forth in subsection (2), and are in compliance with 121 the principles for guiding development set forth in subsection 122 (7).

If the Administration Commission concurs with the 123 recommendations of the state land planning agency to remove any 124 area from the designation, it shall, within 45 days after 125 receipt of the recommendation, initiate rulemaking to remove the 126 designation. The state land planning agency shall make 127 recommendations to the Administration Commission annually. 128

(5) APPLICATION OF

CHAPTER 380 PROVISIONS.—Section 129 380.05(1)-(5), (8), (9), (12), (15), (17), and (21), does shall 130 not apply to the area designated by this act for so long as the 131 designation remains in effect. Except as otherwise provided in 132 this act, s. 380.045 does shall not apply to the area designated 133 by this act. All other provisions of this

chapter shall apply, 134 including ss. 380.07 and 380.11, except that the “local 135 development regulations” in s. 380.05(13) shall include the 136 regulations set forth in subsection (8) for purposes of s. 137 380.05(13), and the plan or plans submitted pursuant to s. 138 380.05(14) shall be submitted no later than February 1, 1986. 139 All or part of the area designated by this act may be 140 redesignated pursuant to s. 380.05 as if it had been initially 141 designated pursuant to that section. 142

(6) VESTED RIGHTS OF DEVELOPER.—If a developer has by his 143 or her actions in reliance on prior regulations obtained vested 144 or other legal rights including rights obtained by approval of a 145

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions. development of regional impact or a substantial deviation 146 thereof pursuant to s. 380.06 that would have prevented a local 147 government from changing those regulations in a way adverse to 148 the developer’s interests, nothing in this act does not 149 authorize authorizes any governmental agency to abridge those 150 rights. 151

(7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 152 and local agencies and units of government in the Apalachicola 153 Bay Area of Critical State Concern shall coordinate their plans 154 and conduct their programs and regulatory activities consistent 155 consistently with the following principles for guiding the 156 development of the Apalachicola Area of Critical State Concern: 157 (

a) Land development shall be guided so that the basic 158 functions and productivity of the Apalachicola Bay Area’s 159 natural land and water systems will be conserved to reduce or 160 avoid health, safety, and economic problems for present and 161 future residents of the Apalachicola Bay Area. 162 (

b) Land development shall be consistent with a safe 163 environment, adequate community facilities, a superior quality 164 of life, and a desire to minimize environmental hazards. 165 (

c) Growth and diversification of the local economy shall 166 be fostered only if it is consistent with protecting the natural 167 resources of the Apalachicola Bay Area through appropriate 168 management of the land and water systems. 169 (

d) Aquatic habitats and wildlife resources of the 170 Apalachicola Bay Area shall be conserved and protected. 171 (

e) Water quantity shall be managed to conserve and protect 172 the natural resources and the scenic beauty of the Apalachicola 173 Bay Area. 174

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 7 of 15 CODING: Words stricken are deletions; words underlined are additions. (

f) The quality of water shall be protected, maintained, 175 and improved for public water supplies, the propagation of 176 aquatic life, and recreational and other uses which are 177 consistent with these uses. 178 (

g) No wastes shall be discharged into any waters of the 179 Apalachicola Bay Area without first being given the degree of 180 treatment necessary to protect the water uses as set forth in 181 paragraph (f). 182 (

h) Stormwater discharges shall be managed in order to 183 minimize their impacts on the bay system and protect the uses as 184 set forth in paragraph (f). 185 (

i) Coastal dune systems, specifically the area extending 186 landward from the extreme high-tide line to the beginning of the 187 pinelands of the Apalachicola Bay Area, shall be protected. 188 (

j) Public lands shall be managed, enhanced, and protected 189 so that the public may continue to enjoy the traditional use of 190 such lands. 191 (

k) Water quality shall be protected and improved by the 192 construction, operation, maintenance, and replacement of 193 stormwater management facilities; central sewage collection 194 facilities; treatment and disposal facilities; the installation 195 and proper operation and maintenance of onsite sewage treatment 196 and disposal systems; indirect and direct potable reuse; and 197 other water quality and water supply projects. 198

(8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT 199 REGULATIONS.— 200 (

a) Local governments to administer plan elements and 201 regulations.—The following comprehensive plan elements and land 202 development regulations shall be administered by local 203

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. governments within their jurisdiction in the Apalachicola Bay 204 Area, as part of their local comprehensive plan and land 205 development regulations. If a local government within the 206 Apalachicola Bay Area has a provision in its local comprehensive 207 plan or its land development regulations which conflicts with a 208 provision of this paragraph or has no comparable provision, the 209 provision of this paragraph shall control. 210 1.

Comprehensive plan.—Chapter 1 of Volume I, and chapters 211 4, 5, 7, and 9 of Volume II of the Franklin County Comprehensive 212 Land Use Plan adopted by Ordinance No. 81-4 on June 22, 1981, by 213 the Franklin County Board of County Commissioners and filed with 214 the Secretary of State on June 30, 1981, are incorporated by 215 reference and adopted herein. 216 2.

Zoning ordinances.—Ordinance No. 81-5 adopted June 22, 217 1981, by the Franklin County Board of County Commissioners and 218 filed with the Secretary of State on June 30, 1981, and the 219 following amendments are incorporated by reference and adopted 220 herein: 221 a. Ordinance 82-4, adopted June 18, 1982, and filed with 222 the Secretary of State on July 28, 1982. 223 b. Ordinance 83-4, adopted July 19, 1983, and filed with 224 the Secretary of State on July 25, 1983. 225 c. Ordinance 83-7, adopted October 4, 1983, and filed with 226 the Secretary of State on October 6, 1983. 227 d.

Ordinance 84-2, adopted April 24, 1984, and filed with 228 the Secretary of State on April 27, 1984. 229 3. Subdivision regulations.—Ordinance No. 74-1 adopted 230 November 15, 1974, by the Franklin County Board of County 231 Commissioners and filed with the Secretary of State on December 232

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. 4, 1974, and December 5, 1974, and the following amendment are 233 incorporated by reference and adopted herein: Ordinance 79-5, 234 filed with the Secretary of State on May 30, 1979. 235 4. Flood plain management ordinance.—Ordinance No. 83-5 236 adopted on July 7, 1983, by the Franklin County Board of County 237 Commissioners and filed with the Secretary of State on July 15, 238 1983, is incorporated by reference and adopted herein. 239 5.

Septic tank ordinance.—Ordinance 79-8 adopted on June 240 22, 1979, by the Franklin County Board of County Commissioners 241 and filed with the Secretary of State on June 27, 1979, is 242 incorporated by reference and adopted herein. 243 6. Construction; electrical connection.—Ordinance No. 73-5A 244 adopted July 3, 1973, by the Franklin County Board of County 245 Commissioners and filed with the Secretary of State on March 6, 246 1981, is incorporated by reference and adopted herein. 247 7.

Alligator Point Water Resource District Act.—Ordinance 248 No. 76-7 adopted on November 16, 1976, by the Franklin County 249 Board of County Commissioners and filed with the Secretary of 250 State on March 6, 1981, is incorporated by reference and adopted 251 herein. 252 8. Coastal area building codes.—Ordinance No. 84-1 253 establishing building codes for coastal areas adopted by the 254 Franklin County Board of County Commissioners on February 8, 255 1984, and filed with the Secretary of State on February 2, 1984, 256 is incorporated by reference and adopted herein. 257 9.

Standard building code.—Ordinance adopting the 1976 258 Standard Building Code, Ordinance No. 83-1, adopted January 18, 259 1983, by the Franklin County Board of County Commissioners and 260 filed with the Secretary of State January 20, 1983, is 261

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions. incorporated by reference and adopted herein. 262 10. Local planning agency.—Ordinance No. 77-6 adopted on 263 June 21, 1977, by the Franklin County Board of County 264 Commissioners and filed with the Secretary of State on June 22, 265 1977, is incorporated by reference and adopted herein. 266 11. Coastal high-hazard zones.—Ordinance No. 80-5 adopted 267 on May 29, 1980, by the Franklin County Board of County 268 Commissioners and filed with the Secretary of State on May 30, 269 1980, is incorporated by reference and adopted herein. 270 (

b) Conflicting regulations.—In the event of any 271 inconsistency between subparagraph (a)1. and subparagraphs 272 (a)2.-11., subparagraph (a)1. shall control. Further, in the 273 event of any inconsistency between subsection (7) and paragraph 274 (

a) of this subsection and a development order issued pursuant 275 to s. 380.06, which has become final prior to June 18, 1985, or 276 between subsection (7) and paragraph (

a) and an amendment to a 277 final development order, which amendment has been requested 278 prior to April 2, 1985, the development order or amendment 279 thereto shall control. However, any modification to paragraph 280 (

a) enacted by a local government and approved by the state land 281 planning agency pursuant to subsection (9) may provide whether 282 it shall control over an inconsistent provision of a development 283 order or amendment thereto. A development order or any amendment 284 thereto referred to in this paragraph shall not be subject to 285 approval by the state land planning agency pursuant to 286 subsection (9). 287 (

c) Effect of existing plans and regulations.—Legally 288 adopted comprehensive plans and land development regulations 289 other than those listed in this subsection shall remain in full 290

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions. force and effect unless inconsistent with the principles for 291 guiding development set forth in subsection (7), the elements of 292 the comprehensive plan listed in this subsection, or the land 293 development regulations listed in this subsection. 294 (

d) Developments of regional impact.—A local government 295 shall approve a development subject to the provisions of s. 296 380.06 only if it also complies with the provisions of this 297 subsection. 298

(9) MODIFICATION TO PLANS AND REGULATIONS.—Any land 299 development regulation or element of a local comprehensive plan 300 in the Apalachicola Bay Area may be enacted, amended, or 301 rescinded by a local government, but the enactment, amendment, 302 or rescission becomes effective only upon the approval thereof 303 by the state land planning agency. The state land planning 304 agency shall review the proposed change to determine if it 305 complies with the principles for guiding development specified 306 in subsection (7) and must approve or reject the requested 307 change as provided in s. 380.05.

Further, the state land 308 planning agency, after consulting with the appropriate local 309 government, may, from time to time, recommend the enactment, 310 amendment, or rescission of a land development regulation or 311 element of a comprehensive plan. Within 45 days following the 312 receipt of such recommendation by the state land planning agency 313 or enactment, amendment, or rescission by a local government the 314 commission shall reject the recommendation, enactment, 315 amendment, or rescission or accept it with or without 316 modification and adopt, by rule, any changes.

Any such local 317 land development regulation or comprehensive plan or part of 318 such regulation or plan may be adopted by the commission if it 319

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. finds that it is in compliance with the principles for guiding 320 development. 321

(10) REQUIREMENTS; LOCAL GOVERNMENTS.— 322 (

a) As used in this subsection: 323 1. “Alternative onsite system” means any approved onsite 324 disposal system used in lieu of a standard subsurface system. 325 2. “Critical shoreline zone” means all land within a 326 distance of 150 feet landward of the mean high-water line in 327 tidal areas, the ordinary high-water line in nontidal areas, or 328 the inland wetland areas existing along the streams, lakes, 329 rivers, bays, and sounds within the Apalachicola Bay Area. 330 3. “Pollution-sensitive segment of the critical shoreline” 331 means an area which, due to its proximity to highly sensitive 332 resources, including, but not limited to, productive shellfish 333 beds and nursery areas, requires special regulatory attention. 334 4. “Low-income family” means a group of persons residing 335 together whose combined income does not exceed 200 percent of 336 the 1985 Poverty Income Guidelines for all states and the 337 District of Columbia, promulgated by the United States 338 Department of Health and Human Services, as published in Volume 339 50, No. 46 of the Federal Register, pages 9517-18.

Income shall 340 be as defined in said guidelines. 341 (

b) Franklin County and the municipalities within it shall, 342 within 60 days after a sewerage system is available for use, 343 notify all owners and users of onsite sewage disposal systems of 344 the availability of such a system and that connection is 345 required within 180 days of the notice. Failure to connect to an 346 available system within the time prescribed shall be a 347 misdemeanor of the second degree, punishable as provided in ss. 348

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. 775.082 and 775.083. Further, Franklin County and the 349 municipalities within it shall have the right to make the 350 connection if it is not made within the prescribed time and to 351 assess the owner of the real property on which the connection is 352 made for the cost of such connection. Such assessments shall be 353 levied according to law and shall become a lien against the real 354 property, enforced according to law.

Franklin County and the 355 municipalities within it shall develop a program and implement 356 ordinances to make available to low-income families the sewer 357 services available upon completion of the proposed sewer 358 projects being funded by this act. 359 (c)1.

The Department of Health shall survey all septic tank 360 soil-absorption systems in the Apalachicola Bay Area to 361 determine their suitability as onsite sewage treatment systems. 362 Within 6 months from June 18, 1985, Franklin County and the 363 municipalities within it, after consultation with the Department 364 of Health and the Department of Environmental Protection, shall 365 develop a program designed to correct any onsite sewage 366 treatment systems that might endanger the water quality of the 367 bay. 368 2.

Franklin County and the municipalities within it shall, 369 within 9 months from June 18, 1985, enact by ordinance 370 procedures implementing this program. These procedures shall 371 include notification to owners of unacceptable septic tanks and 372 procedures for correcting unacceptable septic tanks. These 373 ordinances shall not be effective until approved by the 374 Department of Health and the Department of Environmental 375 Protection. 376 (

d) Franklin County and the municipalities within it shall, 377

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions. within 12 months from June 18, 1985, establish by ordinance a 378 map of “pollution-sensitive segments of the critical shoreline” 379 within the Apalachicola Bay Area, which ordinance shall not be 380 effective until approved by the Department of Health and the 381 Department of Environmental Protection.

Franklin County and the 382 municipalities within it, after the effective date of these 383 ordinances, shall no longer grant permits for onsite wastewater 384 disposal systems in pollution-sensitive segments of the critical 385 shoreline, except for those onsite wastewater systems that will 386 not degrade water quality in the river or bay. These ordinances 387 shall not become effective until approved by the resource 388 planning and management committee.

Until such ordinances become 389 effective, the Franklin County Health Department shall not give 390 a favorable recommendation to the granting of a septic tank 391 variance pursuant to section (1) of Ordinance 79-8, adopted on 392 June 22, 1979, by the Franklin County Board of County 393 Commissioners and filed with the Secretary of State on June 27, 394 1979, or issue a permit for a septic tank or alternative waste 395 disposal system pursuant to Ordinance 81-5, adopted on June 22, 396 1981, by the Franklin County Board of County Commissioners and 397 filed with the Secretary of State on June 30, 1981, as amended 398 as set forth in subparagraph (8)(a)2., unless the Franklin 399 County Health Department certifies, in writing, that the use of 400 such system will be consistent with paragraph (7)(

f) and 401 subsection (8). 402 (

e) Franklin County and the municipalities within it shall, 403 within 9 months from June 18, 1985, enact land development 404 regulations to protect the Apalachicola Bay Area from stormwater 405 pollution, including provisions for development approval, before 406

Florida Senate - 2020 SB 638 3-00560A-20 2020638__ Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. the issuance of building permits pursuant to

chapter 17-25, 407 Florida Administrative Code, Franklin County and the 408 municipalities within it shall, within 90 days following the 409 above deadline, survey existing stormwater management systems 410 and discharges to determine their effect on the bay and develop 411 a comprehensive stormwater management plan to minimize such 412 effects. The plan will include recommendations and financing 413 options for the retrofitting of existing systems.

Franklin 414 County and the municipalities within it shall, as part of an 415 overall stormwater management program, inform its citizens about 416 stormwater, its relationship to land use, and its effect upon 417 the resources of the Apalachicola Bay Area. 418 (

f) Franklin County and the municipalities within it shall, 419 beginning 12 months from June 18, 1985, prepare semiannual 420 reports on the implementation of paragraphs (b)-(

e) on the 421 environmental status of the Apalachicola Bay Area. The state 422 land planning agency may prescribe additional detailed 423 information required to be reported. Each report shall be 424 delivered to the resource planning and management committee and 425 the state land planning agency for review and recommendations. 426 The state land planning agency shall review each report and 427 consider such reports when making recommendations to the 428 Administration Commission pursuant to subsection (9). 429

Section 4. This act shall take effect July 1, 2020. 430