The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 320
INTRODUCER: Senator Harrell
SUBJECT: Land Acquisition Trust Fund
DATE: February 20, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. AEG
3. AP
I. Summary:
SB 320 appropriates from the Land Acquisition Trust Fund a minimum of the lesser of 7.6
percent1 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.
II. Present Situation:
The Indian River Lagoon
The Indian River Lagoon (IRL) is a 156-mile-long estuary spanning approximately 40 percent of
Florida’s east coast.2 There are six coastal counties in the IRL watershed: Volusia, Brevard,
Indian River, St. Lucie, Martin, and Palm Beach.3 The IRL extends from Ponce de Leon Inlet
near New Smyrna Beach in Volusia County to the southern border of Jupiter Inlet in Martin
1
Approximately $93 million based on estimates for Fiscal Year 2023-2024.
2
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon, 14 (2021), available at
https://publicfiles.dep.state.fl.us/DEAR/BMAP/IndianRiverLagoon/BMAP_Documents/2021_IRL_BMAP_Final/CIRL/Final
_CIRL_BMAP_02102021.pdf; IRLNEP, Importance, https://onelagoon.org/importance/ (last visited Feb. 15, 2023).
3
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon, 14 (2021).
BILL: SB 320 Page 2
County.4 There are three interconnected
lagoons in the IRL basin: Mosquito
Lagoon, Banana River Lagoon, and Indian
River Lagoon.5 Seventy-one percent of its
area and nearly half its length is within
Brevard County.6
The IRL is considered the most biologically
diverse estuary in North America.7 It is
home to more than 2,000 species of plants,
600 species of fish, 300 species of birds,
and 53 threatened or endangered species.8
In 2014, the estimated annual economic
value received from the IRL was
approximately $7.6 billion, around $1.57
billion of which was attributable to
recreation and visitor-related activity.9
Industry groups directly influenced by the
IRL supported nearly 72,000 jobs.10
The IRL ecosystem has been harmed by
human activities in the region. Stormwater
runoff from urban and agricultural areas,
wastewater treatment facility discharges,
canal discharges, septic systems, animal
waste, and fertilizer applications have led
to harmful levels of nutrients and sediments
4
Id.
5
DEP, TMDL Report, Nutrient and Dissolved Oxygen TMDLs for the Indian River Lagoon and Banana River Lagoon, 1
(Mar. 2009), available at https://floridadep.gov/sites/default/files/indian-banana-nutrient-do-tmdl.pdf.
6
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update, xi (Feb. 2023)[hereinafter
Save Our Lagoon], available at https://www.brevardfl.gov/SaveOurLagoon/ProjectPlan. The map on this page shows the
IRL watershed. IRLNEP, IRLWatershedMap_With PlBound, https://onelagoon.org/irlwatershedmap_withplbound/# (last
visited Feb. 17, 2023).
7
DEP, Basin Management Action Plan, Indian River Lagoon Basin Central Indian River Lagoon, 45 (2021), available at
https://floridadep.gov/sites/default/files/central-irl-bmap.pdf; An estuary is a partially enclosed, coastal waterbody where
freshwater from rivers and streams mixes with saltwater from the ocean. Estuaries are among the most productive ecosystems
on earth, home to unique plant and animal communities that have adapted to brackish water: freshwater mixed with saltwater.
U.S. EPA, What Is An Estuary?, https://www.epa.gov/nep/basic-information-about-estuaries (last visited Feb. 15, 2023);
NOAA, What Is An Estuary?, https://oceanservice.noaa.gov/facts/estuary.html (last visited Feb. 15, 2023).
8
Indian River Lagoon Species Inventory, Biodiversity,
https://www.irlspecies.org/misc/Total_Biodiv.php#:~:text=Home%20to%20over%204%2C200%20species%20of%20plants
%2C%20birds%2C,species%20of%20fish%20and%20370%20species%20of%20birds (last visited Feb. 15, 2023).
9
East Central Florida Regional Planning Council and Treasure Coast Regional Planning Council, Indian River Lagoon
Economic Valuation Update, vi, ix (Aug. 26, 2016), available at
https://files.tcrpc.org/portfolio%20of%20work/Economic%20Development/IRL%20Valuation/FinalReportIRL08_26_2016.p
df.
10
Id. at ix.
BILL: SB 320 Page 3
entering the lagoon.11 These pollutants create cloudy conditions, feed algal blooms, and lead to
muck accumulation, all of which negatively impact the seagrass that provides habitat for much of
the IRL’s marine life.12 During the 2011 “Superbloom,” intense algal blooms of phytoplankton
occurred throughout most of the IRL, lasting for seven months and resulting in massive losses of
seagrass that has yet to fully recover.13 There have also been recurring brown tides; unusual
mortalities of dolphins, manatees, and shorebirds; and large fish kills due to low dissolved
oxygen from decomposing algae.14 Brown tide is a type of algal bloom dominated by a brown,
microscopic marine algae, which can be harmful to ecosystems in high concentrations, and was
first documented in state waters in 2012.15 The St. Lucie Estuary is a major tributary to the
southern IRL, so freshwater discharges from Lake Okeechobee, which can include toxic
cyanobacteria (“blue-green algae”), also impact the IRL.16
The St. Johns River Water Management District, South Florida Water Management District, and
local governments implement projects that address water quality issues in the IRL.17 Brevard
County established the Save Our Indian River Lagoon Project Plan, which outlines local projects
to meet water quality targets and improve the health, productivity, aesthetic appeal, and
economic value of the IRL.18 In 2016, Brevard County passed a referendum, approved by 62.4
percent of voters, to authorize the issuance of a half-cent infrastructure sales tax to pay for a
portion of the plan.19 The sales tax will generate an estimated $542 million over ten years.20
11
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi; Marine Resources
Council, Indian River Lagoon Health Update, 4-7 (2018), available at https://savetheirl.org/wp-content/uploads/mrc-report-
card-2018-min.pdf.
12
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
13
IRL 2011 Consortium, Indian River Lagoon 2011 Superbloom - Plan of Investigation, 2-3 (2012), available at
https://www.sjrwmd.com/static/waterways/irl-technical//2011superbloom_investigationplan_June_2012.pdf; Marine
Resources Council, Indian River Lagoon Coastal Community Report Card, 2,4 (2022), available at https://savetheirl.org/wp-
content/uploads/IRLReportCard2022-opt.pdf.
14
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
15
SJRWMD, Renewing the Lagoon - Frequently Asked Questions, https://www.sjrwmd.com/waterways/renew-lagoon/#faq-
01 (last visited Feb. 15, 2023); FWC, Effects of Brown Tide in the Indian River Lagoon (2012),
https://myfwc.com/research/redtide/monitoring/historical-events/brown-tide/ (last visited Feb. 15, 2023).
16
DEP, Basin Management Action Plan, St. Lucie River and Estuary Basin, 15 (2020), available at
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/St_Lucie_BMAP_01-31-20.pdf ; DEP,
Basin Management Action Plan, Lake Okeechobee, 14 (2020), available at
https://publicfiles.dep.state.fl.us/DEAR/DEARweb/BMAP/NEEP_2020_Updates/Lake%20Okeechobee%20BMAP_01-31-
20.pdf.
17
SJRWMD, The Indian River Lagoon, https://www.sjrwmd.com/waterways/indian-river-lagoon/ (last visited Feb. 15,
2023); SFWMD, Celebrating the Indian River Lagoon-South C-23/24 Stormwater Treatment Area Groundbreaking,
https://www.sfwmd.gov/news-events/news/celebrating-indian-river-lagoon-south-c-2324-stormwater-treatment-area (last
visited Feb. 15, 2023).
18
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at xi.
19
Brevard County Supervisor of Elections, 2016 General Election Official Results,
https://enr.electionsfl.org/BRE/1616/Summary/ (last visited Feb. 15, 2023); Brevard County, Save our Indian River Lagoon
Project Plan, https://www.brevardfl.gov/SaveOurLagoon/ProjectPlan (last visited Feb. 15, 2023).
20
Id.
BILL: SB 320 Page 4
On January 10, 2023, Governor DeSantis signed Executive Order 23-6, directing the Department
of Environmental Protection (DEP) to identify and prioritize strategies and projects to expedite
water quality restoration in the IRL.21 The executive order instructed DEP to:
Work with the Legislature to establish the IRL Protection Program and secure at least $100
million annually for priority projects;
Coordinate with stakeholders to expand partnerships to identify and prioritize projects for
water quality restoration;
Undertake enhanced water quality monitoring in the IRL to better identify sources of nutrient
loading to inform project prioritization and improve water quality in the IRL;
Take actions to reduce nutrient contributions to the IRL from septic tanks and wastewater
facilities, stormwater discharges, and agriculture non-point sources; and
Support innovative nature-based solutions including living shorelines, freshwater and coastal
wetland restoration, and seagrass recovery utilizing strategic propagation and planting
efforts.22
Pollution from Onsite Sewage and Disposal Systems
Onsite sewage treatment and disposal systems (OSTDSs), commonly referred to as “septic
systems,” generally consist of two basic parts: the septic tank and the drainfield.23 Waste from
toilets, sinks, washing machines, and showers flows through a pipe into the septic tank, where
anaerobic bacteria break the solids into a liquid form. The liquid portion of the wastewater flows
into the drainfield, which is generally a series of perforated pipes or panels surrounded by
lightweight materials such as gravel or Styrofoam. The drainfield provides a secondary treatment
where aerobic bacteria continue deactivating the germs. The drainfield also provides filtration of
the wastewater, as gravity draws the water down through the soil layers.24 In Florida,
development in some areas is dependent on OSTDSs due to the cost and time it takes to install
central sewer systems.25 For example, in rural areas and low-density developments, central sewer
systems are not cost-effective.26
In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage. In
Florida, approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a
system that is installed 24 inches or more from groundwater. This still leaves a significant
amount of nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a
potential contaminant in groundwater.
OSTDSs account for much of the nitrogen enrichment in groundwater in the IRL watersheds
because the six counties adjacent to the IRL rely heavily on OSTDS for wastewater
21
Office of the Governor, Executive Order 23-6, 6 (Jan. 10, 2023), available at https://www.flgov.com/wp-
content/uploads/2023/01/EO-23-06.pdf.
22
Id. at 7.
23
DOH, Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-services/environmental-
health/onsite-sewage-disposal/septic-information-and-care.html (last visited Feb, 2023); EPA, Types of Septic Systems,
https://www.epa.gov/septic/types-septic-systems (last visited Feb. 10, 2023) (showing the graphic provided in the analysis).
24
Id.
25
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf (last visited Feb. 10, 2023).
26
Id.
BILL: SB 320 Page 5
management.27 As of 2021, there were approximately 300,000 permitted OSTDSs in the IRL
watershed. Indian River and Martin Counties used OSTDSs for over 50 percent of their
wastewater management and there were approximately 31,000 septic systems in each county.28
As of 2019, Brevard County, which borders nearly half of the IRL, had an estimated 53,204
OSTDSs and contributed approximately 17,863 pounds per year of total nitrogen from failing
OSTDSs.29
The Indian River Lagoon National Estuary Program
The U.S. Environmental Protection Agency’s (EPA) National Estuary Program is a community-
based program to protect and restore the water quality and ecological integrity of estuaries of
national significance.30 Currently, 28 estuaries located along the Atlantic, Gulf, and Pacific
coasts and in Puerto Rico are designated as estuaries of national significance. Each National
Estuary Program focuses within a study area that includes the estuary and surrounding
watershed. Through a process of involving community stakeholders, the 28 National Estuary
Programs develop and implement Comprehensive Conservation and Management Plans, which
are long-term plans that contain actions to address water quality and living resource challenges
and priorities. The National Estuary Program challenges and priorities are defined by local, city,
state, federal, private, and non-profit stakeholders.31
The IRL National Estuary Program was established in 1990 under the sponsorship of the St.
Johns River and South Florida Water Management Districts.32 The program developed the IRL
Comprehensive Conservation and Management Plan Update, first published in 1997 and updated
in 2008 and 2018.33 The plan provides goals and action plan outputs regarding water quality,
habitats, and living resources within the IRL.34
In 2015, the IRL Council was established to carry out the IRL National Estuary Program. 35 The
Council includes DEP, the St. Johns River Water Management District, the South Florida Water
Management District, Volusia County, Brevard County, St. Lucie County, Martin County, and a
collection of local governments known as the Indian River County Lagoon Coalition.36 The goals
of the parties to the IRL Council’s interlocal agreement are the goals set forth in the amended
27
L.W. Herren, et al., Septic systems drive nutrient enrichment of groundwaters and eutrophication in the urbanized Indian
River Lagoon, Florida, Marine Pollution Bulletin 172, 2 (2021), available at
https://reader.elsevier.com/reader/sd/pii/S0025326X21009620?token=1384E4307B3A786FC65C7DD3270D91440566F5E27
93CAE8F859A2139CF19FE68102D54027EEFF164F8492399C7F65B49&originRegion=us-east-
1&originCreation=20230217141616.
28
Id.
29
Tetra Tech, Inc. & Closewaters, LLC, Save Our Indian River Lagoon Project Plan 2019 Update at 22-23.
30
33 U.S.C. s. 1330; U.S. EPA, National Estuary Program (NEP), Overview of the National Estuary Program,
https://www.epa.gov/nep/overview-national-estuary-program (last visited Feb. 15, 2023).
31
EPA, Overview of the National Estuary Program.
32
IRLNEP, The Indian River Lagoon NEP, https://onelagoon.org/irlnep/ (last visited Feb. 15, 2023).
33
IRLNEP, Indian River Lagoon Comprehensive Conservation and Management Plan Update, 15 (2019), available at
https://onelagoon.org/wp-content/uploads/IRLNEP_Final-Draft-CCMP-REVISION_2018-12-07_LowRes__20200204.pdf.
34
Id. at 18.
35
IRLNEP, the Indian River Lagoon NEP.
36
First Amended and Restated Indian River Lagoon National Estuary Program Interlocal Agreement, 1-3 (Sept. 2015),
available at https://onelagoon.net/wp-content/uploads/irlnep_amended_interlocal_agreement_2015.pdf.
BILL: SB 320