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 1632
INTRODUCER: Fiscal Policy Committee; Environment and Natural Resources Committee; Senator
Brodeur and others
SUBJECT: Environmental Protection
DATE: April 26, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Fav/CS
2. Reagan Betta AEG Favorable
3. Barriero Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1632 is a bill related to environmental protection. The major topics in this bill include
wastewater treatment, onsite sewage treatment and disposal systems (OSTDSs), sanitary sewer
services, basin management action plans (BMAPs), the wastewater grant program, the Indian
River Lagoon (IRL), and the acquisition of state lands.
Regarding advanced wastewater treatment, the bill:
 Requires sewage disposal facilities to provide advanced waste treatment before discharging
into certain impaired waters by January 1, 2033; and
 Requires that, for waters that become impaired after July 1, 2023, sewage disposal facilities
must provide advanced waste treatment within 10 years of the designation.
Regarding OSTDS, the bill:
 Prohibits new OSTDSs within a BMAP, reasonable assurance plan, or pollution reduction
plan where sewer is available. On lots one acre or less where sewer is not available, new
OSTDSs must be an enhanced system or other treatment system that achieves at least 65
percent nitrogen reduction;
 Encourages local government agencies that receive grants or loans from the Department of
Environmental Protection (DEP) for connecting OSTDSs to sewer systems to notify owners
of OSTDSs that such funding is available and provide this information online;
BILL: CS/CS/SB 1632 Page 2
 For BMAPs that include an Outstanding Florida Spring, the bill expands the area for which
an OSTDS remediation plan is required from a “priority focus area” to the entire BMAP; and
 Saves from repeal the section of law establishing the OSTDS technical advisory committee
and requires the committee to submit its recommendations to the Governor and Legislature
annually.
Regarding sanitary sewer services, the bill:
 Requires local governments to consider the feasibility of providing sanitary sewer services
for developments of more than 50 residential lots that have more than one OSTDS per acre
within a 10-year planning horizon (not required for rural areas of opportunity);
 Requires local governments to update their comprehensive plans to include the sanitary
sewer planning element by July 1, 2024; and
 Requires local governments that are subject to a BMAP (or located within the basin of waters
not meeting applicable nutrient-related water quality standards) to provide the DEP with an
annual update on the status of the construction of sanitary sewers to serve such areas.
Regarding BMAPs, the bill:
 Requires BMAPs to include five-year milestones for implementation and water quality
improvement;
 Requires entities that have a specific pollutant load reduction requirement to submit to the
DEP a list of projects that will be undertaken to meet the five-year milestones;
 Requires the DEP to coordinate with the Department of Agriculture and Consumer Services
(DACS) and owners of agricultural operations in a BMAP to identify a list projects that will
reduce pollutant loads for agricultural nonpoint sources; and
 Requires local governments to include in their comprehensive plans a list of projects
necessary to achieve pollutant load reductions attributable to the local government as part of
a BMAP.
Regarding the wastewater grant program, the bill:
 Expands the areas/types of waterbodies that are eligible to receive funding;
 Expands the types of projects that are eligible for grants to include additional wastewater
projects, stormwater projects, and regional agricultural projects;
 Removes the requirement that each grant have a minimum 50 percent local match of funds,
but allows the DEP to consider percent cost-share identified by an applicant (except for rural
areas of opportunity) when prioritizing projects; and
 Requires the DEP to coordinate with local governments, stakeholders, and DACS to identify
and prioritize the most effective and beneficial water quality improvement projects.
Regarding the IRL, the bill:
 Establishes the IRL Protection Program, consisting of the Banana River Lagoon BMAP, the
Central Indian River Lagoon BMAP, the North Indian River Lagoon BMAP, and the
Mosquito Lagoon Reasonable Assurance Plan;
 Requires the IRL Protection Program to establish five-year milestones for implementation
and water quality improvement and a water quality monitoring component to evaluate the
progress of pollutant load reductions;
BILL: CS/CS/SB 1632 Page 3
 Requires the DEP to evaluate the program every five years and identify any further load
reductions necessary to achieve compliance with total maximum daily loads;
 Requires the DEP, in coordination with DACS and other stakeholders, to identify and
prioritize projects necessary to achieve water quality standards within the IRL watershed;
 Prohibits new OSTDSs (unless previously permitted) within the IRL Protection Program area
beginning January 1, 2024, where a central sewerage system is available. For new
developments where sewer is not available, only enhanced nutrient-reducing OSTDSs will be
authorized; and
 Requires any commercial or residential property with an existing OSTDS located within the
IRL Protection Program area to connect to central sewer or upgrade to an enhanced nutrient-
reducing OSTDS (or other wastewater treatment system that achieves at least 65 percent
nitrogen reduction) by July 1, 2030.
Regarding the acquisition of state lands, the bill:
 Raises the property value threshold for when two appraisals of a parcel are required from $1
million to $5 million;
 Raises the contract price threshold for when the Board of Trustees of the Internal
Improvement Trust Fund (Board of Trustees) must approve an agreement to acquire real
property from $1 million to $5 million;
 Removes the requirement that the Board of Trustees approve an acquisition if it is an initial
purchase in a Florida Forever project; and provides that the Board of Trustees may expend
moneys to acquire land to complete critical linkages within the Florida Wildlife Corridor;
 Appropriates $100 million annually to DEP for the acquisition of land under the Florida
Forever Act;
 Provides that property value must be based upon the reasonable market value of the property
considering those uses that are legally permissible, physically possible, financially feasible,
and maximally productive; and
 Requires DEP and DACS to disclose otherwise confidential appraisal reports to private
landowners or their representatives during negotiations for the acquisition of state lands or
conservation easements.
The bill also requires DEP and each water management district to review and report on their
permitting processes by July 1, 2024.
The DEP will incur indeterminate costs related to implementing the Indian River Lagoon
Protection Program, including adopting rules.
The effective date of the bill is July 1, 2023.
BILL: CS/CS/SB 1632 Page 4
II. Present Situation:
Water Quality and Nutrients
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.1 The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.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
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the
alteration of the natural community of plants and animals.5 Dense, harmful algal blooms can also
cause human health problems, fish kills, problems for water treatment plants, and impairment of
the aesthetics and taste of waters. Growth of nuisance aquatic weeds tends to increase in nutrient-
enriched waters, which can impact recreational activities.6
Wastewater Treatment
The proper treatment and disposal or reuse of wastewater is a crucial part of protecting Florida’s
water resources. The majority of the state’s wastewater is controlled and treated by centralized
treatment facilities regulated by the Department of Environmental Protection (DEP). Florida has
approximately 2,000 permitted domestic wastewater treatment facilities.7
Under section 402 of the federal Clean Water Act, any discharge of a pollutant from a point
source8 to surface waters (i.e., the navigable waters of the United States or beyond) must obtain a
National Pollution Discharge Elimination System (NPDES) permit.9 NPDES permit
requirements for most wastewater facilities or activities (domestic or industrial) that discharge to
surface waters are incorporated into a state-issued permit, thus giving the permittee one set of
permitting requirements rather than one state and one federal permit.10 The DEP issues operation
1
U.S. Environmental Protection Agency (EPA), The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 10,
2023).
2
Id.
3
Id.
4
EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-solutions (last visited Mar. 10, 2023).
5
EPA, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Mar. 10, 2023).
6
Id.
7
Dep’t of Environmental Protection (DEP), General Facts and Statistics about Wastewater in Florida,
https://floridadep.gov/water/domestic-wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited
Mar. 10, 2023).
8
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Fla. Admin. Code R. 62-620.200(37).
9
33 U.S.C. s. 1342.
10
Sections 403.061 and 403.087, F.S.
BILL: CS/CS/SB 1632 Page 5
permits for a period of five years for facilities regulated under the NPDES program and up to 10
years for other domestic wastewater treatment facilities meeting certain statutory requirements. 11
Sewage disposal facilities are required to provide advanced waste treatment under certain
circumstances or when deemed necessary by the DEP.12 Advanced waste treatment is treatment
that provides a reclaimed water product containing no more than the following concentrations of
pollutants:
 5 mg/l of Biochemical Oxygen Demand;
 5 mg/l of Suspended Solids;
 3 mg/l of Total Nitrogen; and
 1 mg/l of Total Phosphorous.13
Advanced waste treatment also requires high-level disinfection.14 Failure to conform to this
standard is punishable by a civil penalty of $750 for each day the failure continues.15
11
Section 403.087(3), F.S.
12
Section 403.086(2), F.S.
13
Section 403.086(4), F.S.
14
Section 403.086(4)(b), F.S.; Fla. Admin. Code R. 62-600.440(6).
15
Section 403.086(2), F.S. DEP, Domestic Wastewater Treatment Process, available at
https://floridadep.gov/water/domestic-wastewater/documents/domestic-wastewater-treatment-process (showing flowchart of
wastewater treatment process).
BILL: CS/CS/SB 1632 Page 6
Sewage disposal facilities must provide advanced waste treatment approved by the DEP before
are disposing of wastes into the following waters: Old Tampa Bay, Tampa Bay, Hillsborough
Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay,
Roberts Bay, Lemon Bay, Charlotte Harbor Bay, Biscayne Bay, and, beginning July 1, 2025,
Indian River Lagoon, or into any river, stream, channel, canal, bay, bayou, sound, or other water
tributary thereto.16 However, this requirement does not apply to facilities permitted before
February 1987 that discharge secondary treated effluent, followed by water hyacinth treatment,
to tributaries of tributaries of these waters or to facilities permitted to discharge to the nontidally
influenced portions of the Peace River.17
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.18 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.19
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.20 Development in some areas is dependent on OSTDSs due to
the cost and time it takes to install central sewer systems.21 For example, in rural areas and low-
16
Section 403.086(1)(c), F.S.
17
Id.
18
Dep’t of Health (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 Mar. 13, 2023); EPA,
Types of Septic Systems, https://www.epa.gov/septic/types-septic-systems (last visited Mar. 13, 2023) (showing the graphic
provided in the analysis).
19
Id.
20
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 Mar. 13, 2023).
21
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, 1 (2008),
available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-implement-mandatory-
statewide-inspection.pdf (last visited Mar. 13, 2023).
BILL: CS/CS/SB 1632 Page 7
density developments, central sewer systems are not cost-effective. A 2008 study found that less
than one percent of OSTDSs in Florida were actively managed under operating permits and
maintenance agreements.22 The remainder of the systems are generally serviced only when they
fail, often leading to costly repairs that could have been avoided with routine maintenance.23
In a conventional OSTDS, the septic tank does not reduce nitrogen from raw sewage.
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.24 This still leaves a significant amount of
nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a potential
contaminant in groundwater.25
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” sep