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: CS/CS/SB 1386
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Agriculture, Environment, and
General Government and Senator Calatayud
SUBJECT: Department of Environmental Protection
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Reagan Betta AEG Fav/CS
3. Carroll Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1386 amends provisions relating to aquatic preserves, resilience, onsite sewage
treatment and disposal systems (OSTDSs, otherwise known as septic systems), and wastewater
treatment facilities.
The bill requires all applicants for permits to construct and operate a domestic wastewater
treatment facility to prepare a reuse feasibility study. Domestic treatment facilities that dispose of
effluent by certain means must implement reuse to the extent feasible and must consider the
ecological or public water supply benefits afforded by any disposal.
The bill makes revisions to facilitate the transfer of the OSTDS program including:
 Creating new procedures for DEP regarding the processing and enforcement of septic tank
requirements.
 Directing DEP to adopt rules for a general permit for projects which have, individually or
cumulatively, a minimal adverse impact on public health or the environment.
 Directing DEP to establish an enhanced nutrient-reducing OSTDS approval program.
Regarding domestic wastewater treatment facilities and wastewater treatment plans, the bill:
 Requires certain public and private facilities to participate in developing the domestic
wastewater treatment plan including providing certain information to the applicable local
government.
BILL: CS/CS/SB 1386 Page 2
 Requires certain wastewater treatment facilities that provide reclaimed water within a basin
management action plan or reasonable assurance plan area to meet advanced waste treatment
standards.
Regarding reclaimed water, the bill:
 Directs the water management districts and DEP to develop rules to promote reclaimed water
and encourage potable water offsets that produce significant water savings.
 Authorizes extended permits for those applicants or permittees that propose a development or
water resource development project using reclaimed water.
Regarding the Resilient Florida Grant Program, the bill:
 Authorizes DEP to provide grants to counties or municipalities to fund:
o An update of their inventory of critical assets, including those that are currently or
reasonably expected to be impacted by flooding and sea level rise;
o Development of strategies to enhance community preparations for threats from flooding
and sea level rise, including adaptation plans; and
o Permitting for projects designed to achieve reductions in the risks or impacts of flooding
and sea level rise using nature-based solutions.
 Requires vulnerability assessments to use data from the Florida Flood Hub that is certified by
the Chief Resilience Officer.
 Requires certain data and planning horizons to be used in the assessment.
The bill requires the Comprehensive Statewide Flood Vulnerability and Sea Level Rise Data Set
and Assessment to include the 20- and 50-year projected sea level rise at each active National
Oceanic and Atmospheric Administration tidal gauge off the Florida coast as derived from
statewide sea level rise projections.
Regarding the Statewide Flooding and Sea Level Rise Resilience Plan, the bill:
 Authorizes the plan to include projects not yet identified in the comprehensive statewide
flood vulnerability and sea level rise assessment at DEP and the Chief Resilience Officer’s
discretion.
 Expands the types of projects that can be submitted by local or regional entities.
The bill requires DEP to include the projects funded under the water quality grant program on a
user-friendly website or dashboard.
The bill requires the Office of Economic and Demographic Research to provide a publicly-
accessible data visualization tool on its website related to its statewide wastewater and
stormwater needs analysis.
Regarding aquatic preserves, the bill:
 Provides that it is a noncriminal infraction to operate a vessel outside a lawfully marked
channel in a careless manner that causes seagrass scarring within the Nature Coast Aquatic
Preserve.
Declares the Kristin Jacobs Coral Reef Ecosystem Conservation Area to be an aquatic preserve.
BILL: CS/CS/SB 1386 Page 3
The bill may have a positive, yet indeterminate, fiscal impact on state government, because DEP
is directed to deposit certain damages, costs, or penalties it collects relating to OSTDSs
regulations into the Water Quality Assurance Trust Fund.
The bill has an effective date of July 1, 2024.
II. Present Situation:
Water Quality and Nutrients
Nutrient pollution and the excessive accumulation of nitrogen and phosphorus in water is one of
the most widespread, costly, and challenging environmental problems.1 In Florida, 35 percent of
waterbodies are impaired for nutrients and 87 percent of counties have nutrient impaired waters
within their boundaries.2
Phosphorus and nitrogen are derived from natural and human-made sources.3 Human-made
sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated
sewage), agricultural production and irrigation
practices, and stormwater runoff.4
Onsite Sewage Treatment 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.5 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.6
1
U.S. Environmental Protection Agency (EPA), Nutrient Pollution: The Problem,
https://www.epa.gov/nutrientpollution/problem (last visited Jan. 18, 2024).
2
DEP, Rulemaking Update: Stormwater | Chapter 62-330, F.A.C., Environmental Resource Permitting, 2 (2023), (on file
with the Senate Committee on Environment and Natural Resources).
3
Id.
4
U.S. Environmental Protection Agency (EPA), Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited Jan. 18, 2024).
5
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 Jan. 9, 2024); EPA, Types of Septic Systems,
https://www.epa.gov/septic/types-septic-systems (last visited Jan. 18, 2024) (showing the graphic provided in the analysis).
6
Id.
BILL: CS/CS/SB 1386 Page 4
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.7 In Florida, development in some areas is dependent on
OSTDSs due to the cost and time it takes to install central sewer systems.8 For example, in rural
areas and low-density developments, central sewer systems are not cost-effective.9
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.10 This still leaves a significant
amount of nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a
potential contaminant in groundwater.11
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a
typical septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).12
The Department of Environmental Protection (DEP) publishes on its website approved products
and resources on advanced systems.13 Determining which advanced system is the best option can
depend on site-specific conditions.
In 2023, the Florida Legislature passed a law requiring enhanced nutrient-reducing OSTDSs in
places where waterbodies do not meet water quality standards and there is a plan in place, such
as a basin management action plan (BMAP) or alternative restoration plan, to address water
quality issues.14 Enhanced nutrient-reducing OSTDSs are required for new systems on lots of
one acre or less within all BMAP areas, reasonable assurance plan areas, and pollution reduction
plan areas when sewer is not available.15 Within the Banana River Lagoon BMAP, the Central
Indian River Lagoon BMAP, the North Indian River Lagoon BMAP, and the Mosquito Lagoon
reasonable assurance plan area, all new OSTDSs are prohibited unless central sewerage is not
available, in which case only enhanced nutrient-reducing OSTDSs are authorized.16
7
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20commonly,r
epresents%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Jan. 18, 2024).
8
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.
9
Id.
10
DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), available at
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; See Fla. Admin. Code R.
64E-6.006(2).
11
University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (Oct. 2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf.
12
DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May
2021), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-
reducing-tech-18-10-29.pdf.
13
DEP, Onsite Sewage Program, Product Listings and Approval Requirements, https://floridadep.gov/water/onsite-
sewage/content/product-listings-and-approval-requirements.
14
DEP, Permitting of Enhanced Nutrient Reducing Onsite Sewage Treatment and Disposal Systems,
https://floridadep.gov/water/onsite-sewage/content/permitting-enhanced-nutrient-reducing-onsite-sewage-treatment-and (last
visited Jan. 18, 2024); No. 2023-169, Laws of Fla.; Sections 373.811 and 403.067(7)(a)10., F.S.
15
Section 403.067(7)(a)10., F.S.
16
Section 373.469, F.S.
BILL: CS/CS/SB 1386 Page 5
The owner of a properly functioning OSTDS must connect to a sewer system within one year of
receiving notification that a sewer system is available for connection.17 Owners of an OSTDS in
need of repair or modification must connect within 90 days of notification from DEP.18
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to DEP.19 The Onsite Sewage Program will be transferred over
a period of five years, and guidelines for the transfer are provided by an interagency agreement.20
Per the agreement, DEP has the primary powers and duties of the Onsite Sewage Program,
meaning that the county departments of health will implement the OSTDS program under the
direction of DEP instead of DOH.21 The county departments of health still handle permitting and
inspection of OSTDS.22 In the event of an alleged violation of OSTDS laws, county departments
of health are responsible for conducting an inspection to gather information regarding the
allegations.23
In 2008, less than one percent of OSTDSs in Florida were actively managed under operating
permits and maintenance agreements.24 The remainder of systems are generally serviced only
when they fail, often leading to costly repairs that could have been avoided with routine
maintenance.25 Current law directs DEP to administer permits, site evaluations, and inspections
associated with the construction, installation, maintenance, modification, abandonment,
operation, use, or repair of an OSTDS.26 Although this statutory authority is broad, inspections
for traditional OSTDS generally occur during OSTDS construction, repair, or abandonment.27
Buildings that use an aerobic treatment unit or generate commercial waste must by inspected by
DEP at least annually to assure compliance with the operating permit.28
Under s. 381.0065(5), F.S., DEP personnel who have reason to believe noncompliance exists,
may at any reasonable time, enter a premises with an OSTDS permit or the business premises of
any septic tank contractor to ascertain compliance with applicable statutes and rule. The term
“premises” does not include a residence or private building. To gain entry to a residence or
private building, DEP must obtain permission from the owner or occupant or secure an
inspection warrant from a court of competent jurisdiction. DEP may issue citations that may
contain an order of correction or an order to pay a fine, or both when a violation of applicable
laws or rules is enforceable by an administrative, civil remedy, or is a misdemeanor of the
17
Section 381.00655, F.S.
18
Id.
19
DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Jan. 18, 2024).
20
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 5 (June 30, 2021), available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf.
21
Id. at 14.
22
Id. at 11; and DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Jan. 18, 2024).
23
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program at 11.
24
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.
25
Id.
26
Section 381.0065(3)(b); Fla. Admin. Code 62-6.003.
27
See Fla. Admin. Code 62-6.003, 62-6.011.
28
Section 381.0065(4), F.S.
BILL: CS/CS/SB 1386 Page 6
second degree.29 The fines imposed by citation may not exceed $500 per violation. Each day the
violation exists constitutes a separate violation.30 The department may reduce or waive the fine
imposed by the citation. Fines are deposited into the county health department trust fund.31
DEP is also required by law to make rules to relating to the location of OSTDSs, including
establishing setback distances, to prevent groundwater contamination and surface water
contamination and to preserve the public health. The rules must consider:
 Conventional and enhanced nutrient-reducing onsite sewage treatment and disposal system
designs,
 Impaired or degraded water bodies,
 Domestic wastewater and drinking water infrastructure,
 Potable water sources,
 Nonpotable wells,
 Stormwater infrastructure,
 The onsite sewage treatment and disposal system remediation plans developed for purposes
of a BMAP,
 Nutrient pollution, and