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 Fiscal Policy
BILL: SB 702
INTRODUCER: Senators Simon and Trumbull
SUBJECT: Apalachicola Bay Area of Critical State Concern
DATE: April 24, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Reagan Betta AEG Favorable
3. Carroll Yeatman FP Favorable
I. Summary:
SB 702 permits the Department of Environmental Protection (DEP) to expend up to $5 million
each fiscal year, beginning in Fiscal Year 2023-2024 and continuing through Fiscal Year
2027-2028, for the purpose of entering into financial assistance agreements with the City of
Apalachicola to implement projects that improve surface water and groundwater quality within
the Apalachicola Bay Area of Critical State Concern. The bill provides project examples. The
funding will expire on June 30, 2028.
Since the bill permits the DEP to expend up to $5 million each fiscal year from Fiscal Year
2023-2024 through Fiscal Year 2027-2028 to improve the water quality of Apalachicola Bay, the
fiscal impact is dependent on an appropriation by the Legislature.
The effective date of the bill is July 1, 2023.
II. Present Situation:
Areas of Critical State Concern
The Areas of Critical State Concern Program was created in the Florida Environmental Land and
Water Management Act of 1972.1 The program is intended to protect resources and public
facilities of major statewide significance, within designated geographic areas, from uncontrolled
development that would cause substantial deterioration of such resources.2 An area of critical
state concern may be designated for:
1
Chapter 72-317, Laws of Fla.; Department of Economic Opportunity (DEO), Areas of Critical State Concern Program,
https://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/areas-
of-critical-state-concern (last visited Mar. 21, 2023).
2
DEO, Areas of Critical State Concern Program.
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An area containing, or having a significant impact upon, environmental or natural resources
of regional or statewide importance, the uncontrolled private or public development of which
would cause substantial deterioration of such resources;
An area containing, or having a significant impact upon, historical or archaeological
resources, sites, or statutorily defined historical or archaeological districts, the private or
public development of which would cause substantial deterioration or complete loss of such
resources, sites, or districts; or
An area having a significant impact upon, or being significantly impacted by, an existing or
proposed major public facility or other area of major public investment.3
Areas of critical state concern currently designated in the state include the Big Cypress, 4 Green
Swamp,5 Florida Keys,6 and Apalachicola Bay7 areas of critical state concern.
Apalachicola Bay Area of Critical State Concern
The Apalachicola Bay Area of Critical State Concern was designated in 1985.8 The original
designation included the City of Apalachicola, the City of Carrabelle, and unincorporated
Franklin County, excluding Alligator Point. In 1993, all of that designation was repealed except
for the City of Apalachicola.9
The Apalachicola River is the largest river in Florida and provides 35 percent of the freshwater
entering the northeastern Gulf of Mexico.10 The Apalachicola River and the adjoining
Chattahoochee and Flint Rivers comprise a drainage system encompassing more than 19,000
square miles of southern Georgia, eastern Alabama, and northern Florida. The
Apalachicola-Chattahoochee-Flint River Basin harbors one of the highest concentrations of
threatened and endangered species in the United States. The Apalachicola Bay is an important
nursery ground for numerous commercially and recreationally important fish and invertebrate
species.11
The Apalachicola Bay supported a thriving oyster fishery for decades and at one time supplied
approximately 90 percent of the oysters sold in Florida and 10 percent sold nationally.12 That
ended in 2012 with the total collapse of the fishery due to drought, climate change, dams, and
other pressures.13 In response to the devastated oyster population in the Apalachicola Bay, the
3
Section 380.05(2), F.S.
4
Section 380.055, F.S.
5
Section 380.0551, F.S.
6
Section 380.0552, F.S.
7
Section 380.0555, F.S.
8
Florida Department of Economic Opportunity (DEO), Apalachicola Bay Area, https://floridajobs.org/community-planning-
and-development/programs/community-planning-table-of-contents/areas-of-critical-state-concern/city-of-apalachicola (last
visited Mar. 22, 2023).
9
Id.
10
Id.
11
Id.
12
Id.
13
Debbie Elliot, NPR, Florida Closes Iconic Apalachicola Oyster Fishery,
https://www.npr.org/2020/07/22/894074674/floridas-oyster-beds-devastated-by-years-of-drought-other-pressures (last visited
Mar. 22, 2023); Kevin Spear, WUSF Public Media, Crippled Apalachicola River leaves Wetland Forests in Peril, Famous
BILL: SB 702 Page 3
Florida Fish and Wildlife Conservation Commission suspended harvest of wild oysters for five
years, beginning in 2020.14
The legislative intent of the designation is to:
Protect the water quality of the Apalachicola Bay Area to ensure a healthy environment and
thriving economy for area and state residents;
Financially assist Franklin County and its municipalities in upgrading and expanding their
sewerage systems;
Protect the Apalachicola Bay Area’s natural and economic resources by implementing and
enforcing comprehensive plans and land development regulations;
Assist Franklin County and its municipalities with technical and advisory assistance in
formulating land development regulations and modifications to comprehensive plans;
Monitor activities within the Apalachicola Bay Area to ensure the long-term protection of all
the area’s resources;
Promote a broad base of economic growth that is compatible with the protection and
conservation of the natural resources of the Apalachicola Bay Area;
Oysters Extinct, https://wusfnews.wusf.usf.edu/environment/2021-01-01/crippled-apalachicola-river-leaves-wetland-forests-
in-peril-famous-oysters-extinct (last visited Mar. 22, 2023).
14
Florida Fish and Wildlife Conservation Commission, FWC approves measures to support recovery and restoration of
oysters in Apalachicola Bay, https://myfwc.com/news/all-news/oyster-commission-1220/ (last visited Mar. 22, 2023). The
map shown on the following page may be found at: https://floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/areas-of-critical-state-concern/city-of-apalachicola.
BILL: SB 702 Page 4
Educate the residents of the Apalachicola Bay Area in order to protect and preserve its
natural resources;
Provide affordable housing in close proximity to places of employment in the Apalachicola
Bay Area; and
Protect and improve the water quality of the Apalachicola Bay Area through federal, state,
and local funding of water quality improvement projects, including the construction and
operation of wastewater management facilities that meet state requirements.15
State, regional, and local agencies and units of government in the Apalachicola Bay Area are
required to coordinate their plans and conduct their programs and regulatory activities
consistently using principles for guiding development of the area.16 These principles require that:
Land development be guided so that the basic functions and productivity of the Apalachicola
Bay Area’s natural land and water systems be conserved to reduce or avoid health, safety,
and economic problems for present and future residents of the Apalachicola Bay Area;
Land development be consistent with a safe environment, adequate community facilities, a
superior quality of life, and a desire to minimize environmental hazards;
Growth and diversification of the local economy be fostered only if it is consistent with
protecting the natural resources of the Apalachicola Bay Area through appropriate
management of the land and water systems;
Aquatic habitats and wildlife resources of the Apalachicola Bay Area be conserved and
protected;
Water quantity be managed to conserve and protect the natural resources and the scenic
beauty of the Apalachicola Bay Area;
Water quality be protected, maintained, and improved for public water supply, propagation
of aquatic life, and recreational and other uses;
No wastes be discharged into any waters of the Apalachicola Bay Area without first being
given the degree of treatment necessary to protect water uses;
Stormwater discharges be managed in order to minimize impacts on the Bay system and
protect its uses;
Coastal dune systems, specifically the area extending landward from the extreme high-tide
line to the beginning of the pinelands of the Apalachicola Bay Area, be protected; and
Public lands be managed, enhanced, and protected so that the public may continue to enjoy
the traditional use of such lands.17
III. Effect of Proposed Changes:
Section 1 amends s. 380.0555, F.S., to permit the Department of Environmental Protection to
expend up to $5 million each fiscal year, beginning in Fiscal Year 2023-2024 and continuing
through Fiscal Year 2027-2028, for the purpose of entering into financial assistance agreements
with the City of Apalachicola to implement projects that improve surface water and groundwater
quality within the Apalachicola Bay Area of Critical State Concern. These projects may include
the construction of stormwater management facilities and central sewage collection facilities,
15
Section 380.0555(2), F.S.
16
Section 380.0555(7), F.S.
17
Id.
BILL: SB 702 Page 5
installation of onsite sewage treatment and disposal systems,18 direct and indirect potable reuse,
and other water quality and water supply projects. This provision expires on June 30, 2028.
Section 2 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The City of Apalachicola may receive funding from the Department of Environmental
Protection from Fiscal Year 2023-2024 to Fiscal Year 2027-2028 through financial
assistance agreements for certain projects.
18
Onsite sewage treatment and disposal systems, commonly known as septic systems, consist of a septic tank and drainfield.
Waste from toilets, sinks, washing machines, and showers flows into the septic tank where bacteria breaks down solids into
liquids. Then, the wastewater flows into the drainfield where it undergoes secondary treatment and filtration. Florida
Department of Health (DOH), Septic System Information and Care, http://columbia.fltoridahealth.gov/programs-and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Mar. 22, 2023).
BILL: SB 702 Page 6
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 380.0555 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.