HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1557 Department of Environmental Protection
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee,
Chaney and others
TIED BILLS: IDEN./SIM. BILLS: SB 1386
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment 18 Y, 0 N, As CS Curtin Curtin
Subcommittee
2) Agriculture & Natural Resources Appropriations 14 Y, 0 N Byrd Pigott
Subcommittee
3) Infrastructure Strategies Committee 23 Y, 0 N, As CS Curtin Harrington
SUMMARY ANALYSIS
Each state must establish water quality standards for waters within their borders. The Department of
Environmental Protection (DEP) is the state’s lead agency for protecting and managing Florida’s water
resources at the state level. DEP works closely with each of the state’s five water management districts
(WMDs), which are responsible for protecting and managing Florida’s water resources at the regional level.
The bill:
Designates the Kristin Jacobs Coral Reef Ecosystem Conservation Area as an aquatic preserve.
Requires each WMD, in coordination with DEP, to develop rules by December 31, 2025, that promote
the reuse of reclaimed water.
Expands the types of projects undertaken by municipalities and counties that may be awarded funding
by the Resilient Florida Grant Program, and expands the information that must be submitted to DEP
when vulnerability assessments are funded.
Requires DEP to coordinate with the Chief Resilience Officer as well as the Florida Flood Hub for
Applied Research and Innovation (Florida Flood Hub) in developing and maintaining the sea level rise
data set and in updating the comprehensive statewide flood vulnerability and sea level rise data set,
and requires that the assessment be updated at least every 5 years.
Requires the Chief Science Officer to coordinate with the Chief Resilience Officer and the Florida Flood
Hub when developing statewide sea level rise projections.
Clarifies that the Legislature intends that the transfer of the regulation of the Onsite Sewage Program
from the Department of Health (DOH) to DEP be completed in a phased approach, and requires that
before the phased transfer, DEP shall coordinate with DOH to identify equipment and vehicles that
were previously used to carry out the program in each county and that are no longer needed for such
purpose and further requires DOH to transfer the agreed-upon equipment and vehicles to DEP to the
extent that each county agrees to relinquish ownership of such equipment and vehicles to DOH.
Requires DEP to adopt rules establishing and implementing a program of general permits for certain
onsite sewage treatment and disposal systems (OSTDSs).
Requires DEP to establish an enhanced nutrient-reducing OSTDS approval program that will
expeditiously evaluate and approve such systems for use in this state.
Requires that the annual report submitted by DEP regarding the Water Quality Improvement Grant
Program must also include a status report on each project funded since 2021.
Requires DEP to create a water quality dashboard.
The bill may have an indeterminate negative fiscal impact on local government and an insignificant fiscal
impact on state government. The bill may have an indeterminate positive fiscal impact on the private sector.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Department of Environmental Protection (DEP) is the state’s lead agency for protecting and
managing Florida’s water resources at the state level. DEP works closely with each of the state’s five
water management districts, which are responsible for protecting and managing Florida’s water
resources at the regional level.1 All state agencies are required to, upon direction of DEP, make
available scientific, technical, research, administrative, and operational services and facilities to
facilitate DEP’s protection and management of Florida’s water resources. 2 In order to ensure
compliance with the law and its rules and regulations, a representative of DEP may enter and inspect
certain facilities and operators which it is required by law to regulate.3
Sovereign Submerged Lands
Title to, ownership of, and the right to manage and use lands beneath navigable waters within a state’s
boundaries are vested in that state.4 In Florida, the title to such lands “is held by the state, by virtue of
its sovereignty, in trust for all the people.”5 The trustees of the Board of Trustees of the Internal
Improvement Trust Fund (BOT) are the custodians of this trust. 6 Title to sovereign submerged lands is
vested in the BOT,7 and the BOT is responsible for managing, protecting and administering those
lands.8
Aquatic Preserves
Recognizing the environmental diversity and beauty of Florida’s waters, the Florida Aquatic Preserve
Act of 1975 was enacted to forever preserve state-owned submerged lands which have exceptional
biological, aesthetic, and/or scientific value.9 An aquatic preserve is “maintained essentially in its
natural or existing condition”10 “for the benefit of future generations.”11 These areas provide many
benefits, such as serving as nurseries for aquatic life; providing seagrasses for manatees to feed on;
providing habitat on which shorebirds thrive; and, providing residents and visitors alike with
opportunities for fishing, swimming, boating, and many other recreational activities. 12
Coastal landscapes and several inland waters throughout Florida have been declared aquatic
preserves.13 In maintaining the preserves, the BOT is subject to a number of provisions, including:
“No further sale, lease, or transfer of sovereignty submerged lands shall be approved or
consummated by the trustees except when such sale, lease, or transfer is in the public
interest14.”15
1 “Because water constitutes a public resource benefiting the entire state, it is the policy of the Legislature that the waters in the state
be managed on a state and regional basis.” S. 373.016(4)(a), F.S.
2 S. 403.061(4), F.S. These services and facilities are made available via interagency agreement, contract, or otherwise.
3 S. 403.091(1), F.S.
4 43 U.S.C. § 1311. Florida acquired title to, ownership of, and the right to manage and use lands beneath navigable waters upon
statehood on March 3, 1845.
5 Art. X, s. 11, Fla. Const.
6 Hayes v. Bowman, 91 So. 2d 795, 800 (Fla. 1957).
7 S. 253.12(1), F.S.
8 Ss. 253.03(1) and 253.04, F.S.
9 Ss. 258.36 and 258.38, F.S.
10 S. 258.37(1), F.S.
11 S. 258.36, F.S.
12 Department of Environmental Protection (DEP), Aquatic Preserve Program, https://floridadep.gov/rcp/aquatic-preserve (last visited
Jan. 5, 2024).
13 Ch. 258, part II, F.S.
14 “‘Public interest’ means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a
result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the
proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or
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“The trustees shall not approve the waterward relocation or setting of bulkhead lines waterward
of the line of mean high water within the preserve except when public road and bridge
construction projects have no reasonable alternative and it is shown to be not contrary to the
public interest.”16
Further dredging or filling of submerged lands shall not be approved by the trustees except in
certain limited circumstances.17
DEP’s Office of Resilience and Coastal Protection manages the Aquatic Preserve Program and
oversees 42 aquatic preserves.18 The Nature Coast Aquatic Preserve, the last preserve to have been
designated by the Legislature, was designated in 2020 and it was the state’s first new designation of an
aquatic preserve in 32 years.19
Coral Reefs
Coral reefs have tremendous biodiversity and they are some of the most diverse ecosystems in the
world.20 Almost all corals are made up of hundreds to hundreds of thousands of individual animals. 21
Healthy coral reefs provide numerous benefits, such as protecting against coastal flooding, tropical
storms and shoreline erosion,22 and providing opportunities for education, recreation and commercial
fishing.23 In addition, some animals found on reefs produce chemical compounds that are used in
medicines.24
Florida’s Coral Reef and the Kristin Jacobs Coral Reef Ecosystem Conservation Area
Florida is unique in that it “is the only state in the continental United States with extensive shallow coral
reef formations near its coasts.”25 Florida’s coral reef, which came into existence 10,000 years ago, is
approximately 350 miles long, beginning in Dry Tortugas National Park26 and ending at the St. Lucie
Inlet in Martin County.27 “A study of natural and artificial reefs along Southeast Florida and the Florida
Keys showed that fishing, diving, and boating-related expenditures generate $6.3 billion in sales and
income, and sustain more than 71,000 jobs annually.” 28
The reefs north of the Florida Keys National Marine Sanctuary and Biscayne National Park are
managed by DEP’s Coral Reef Conservation Program (CRCP) with input from the Southeast Florida
Coral Reef Initiative.29 In 2021, the Legislature designated the area managed by the CRCP the Kristin
severance of materials from sovereignty lands, the Board shall consider the ultimate project and purpose to be served by said use, sale,
lease, or transfer of lands or materials.” R. 18-20.003(46), F.A.C.
15 S. 258.42(1)(a), F.S.
16 S. 258.42(2), F.S.
17 S. 258.42(3)(a), F.S.
18 DEP, Office of Resilience and Coastal Protection, https://floridadep.gov/orcp (last visited Jan. 5, 2024).
19 CS/CS/HB 1061 (2020); DEP, Nature Coast Aquatic Preserve (last updated Aug. 14, 2023), https://floridadep.gov/NatureCoastAP
(last visited Jan. 5, 2023).
20 DEP, Florida’s Coral Reefs (last updated Aug. 14, 2023), https://floridadep.gov/rcp/rcp/content/floridas -coral-reefs (last visited Jan.
3, 2024); National Oceanic and Atmospheric Administration (NOAA), National Ocean Service, Corals Tutorial,
https://oceanservice.noaa.gov/education/tutorial_corals/ (last visited Jan. 3, 2024).
21 NOAA, National Ocean Service, What are corals?, https://oceanservice.noaa.gov/education/tutorial_corals/coral01_intro.html (last
visited Jan. 3, 2024).
22 DEP, Coral Reef Conservation Program, https://floridadep.gov/rcp/coral (last visited Jan. 4, 2024).
23 DEP CRCP, Coral Reef Conservation Program 2020 – 2025 Strategic Plan,
https://floridadep.gov/sites/default/files/CRCP%20Strategic%20Plan%202020-2025_FINA L_508%20co mp liant.pdf, p.3 (last visited
Jan 4, 2024).
24 Coral Reef Alliance, Coral Reefs: The Medicine Chests of the Sea (Nov. 24, 2016), https://coral.org/en/blog/coral-reefs-the-
medicine-chests-of-the-sea/ (last visited Jan. 4, 2024).
25 DEP, supra note 20.
26 The Dry Tortugas National Park is approximately 70 miles west of Key West ; 99% of the park is open water. Florida’s Coral Reef,
Facts and History, https://floridascoralreef.org/the-reef/facts-and-history (last visited Jan. 3, 2024).
27 Id.
28 DEP CRCP, supra note 23.
29 DEP, supra note 20. “The Southeast Florida Coral Reef Initiative was developed through the collaborative effort of many
government agencies, non-governmental organizations, universities and private partners and is coordinated by the CRCP.”
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Jacobs Coral Reef Ecosystem Conservation Area, in honor of the late Representative Jacobs, who was
a champion of protecting the environment, waterways, and wildlife.30
31
Wastewater
The proper treatment and disposal or reuse of domestic wastewater is an important part of protecting
Florida’s water resources. A person generates approximately 100 gallons of domestic wastewater 32 per
day.33 This wastewater must be managed to protect public health, water quality, recreation, fish,
wildlife, and the aesthetic appeal of the state’s waterways. 34
Domestic Wastewater Treatment Facilities
The majority of Florida’s domestic wastewater is controlled and treated by centralized treatment
facilities regulated by DEP. DEP regulates approximately 2,000 domestic wastewater facilities which
treat over 1.5 billion gallons per day of effluent35 and reclaimed water36.37 Methods of disposal include
reuse and land application; groundwater disposal by underground injection; groundwater recharge and
aquifer storage and recovery projects using injection wells; surface water discharges; and wetland
discharges.38
30 WUSF, Broward Lawmaker Kristin Jacobs Dies After Cancer Battle (Apr. 11, 2020), https://www.wusf.org/2020-04-11/broward-
lawmaker-kristin-jacobs-dies-after-cancer-battle (last visited Jan. 4, 2024).
31 DEP, supra note 20.
32 S. 367.021(5), F.S., defines “domestic wastewater” as wastewater principally from dwellings, business buildings, institutions, and
sanitary wastewater or sewage treatment plants.
33 DEP, Domestic Wastewater Program, https://floridadep.gov/water/domestic-wastewater (last visited Jan. 4, 2024).
34 Ss. 381.0065(1) and 403.021, F.S.
35 “‘Effluent,’ unless specifically stated otherwise, means water that is not reused after flowing out of any plant or other works used
for the purpose of treating, stabilizing, or holding wastes.” R. 62-600.200(22), F.A.C.
36 “‘Reclaimed water,’ except as specifically provided in Chapter 62-610, F.A.C., means water that has received at least secondary
treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility.” R. 62-600.200(57),
F.A.C.
37 DEP, General Facts and Statistics About Wastewater in Florida (last updated Apr. 20, 2022), https://floridadep.gov/water/domestic-
wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Jan. 5, 2023).
38 R. 62-600.440(4), F.A.C.
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Onsite Sewage Treatment and Disposal Systems
Another method utilized to treat domestic wastewater is an onsite sewage treatment and disposal
system (OSTDS); there are an estimated 2.6 million OSTDSs in Florida, which represents 12 percent of
the septic systems in the United States.39 These 2.6 million OSTDSs, commonly referred to as “septic
systems,” provide wastewater disposal for 30 percent of the state’s population. 40
An OSTDS generally consists of two basic parts: the septic tank and the drainfield. 41 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 and it also filters the wastewater as gravity draws the water
down through the layers of soil.42
43
Septic systems have been widely used since the 1940s; however, they were not designed to remove
nutrients.44 During the 2023 legislative session the Legislature passed House Bill 1379, which was
comprehensive legislation relating to Florida’s water and land resources. Included amongst the bill’s
many provisions are prohibitions on the installation of new OSTDSs constructed within certain areas 45
where connection to a publicly owned or investor-owned sewerage system is available.46 In addition,
on lots of 1 acre or less within such areas where a publicly owned or investor-owned sewerage system
39 DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Jan. 11, 2024).
40 Id.
41 Department of Health (DOH), Septic System Information and Care (last updated Oct. 17, 2014),
http://columbia.floridahealth.gov/programs -and-services/environmental-health/onsite-sewage-disposal/septic-information-and-
care.html (last visited Jan. 4, 2024); EPA, Types of Septic Systems (last updated Aug. 7, 2023), https://www.epa.gov/septic/types-
septic-systems (last visited Jan. 4, 2024).
42 Id.
43 EPA, supra note 41.
44 Andrea Albertin, Reducing the Impact of Septic Systems Through Advanced Nitrogen Treatment , University of Florida Institute of
Food and Agricultural Sciences (Apr. 9, 2021), https://nwdistrict.ifas.ufl.edu/nat/2021/04/09/reducing-the-impact-of-septic-systems-
through-advanced-nitrogen-treatment/ (last visited Jan. 13, 2