Item I8J/9
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: I.8
Agenda Item Summary #6543
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
n/a
AGENDA ITEM WORDING: Update on Area of Critical State Concern (ACSC) proposed
amendments to Rule 28-20, F.A.C., to establish a Canal Restoration Work Program.
ITEM BACKGROUND: On August 21, 2019, the BOCC approved the 2019 Monroe County Area
of Critical State (ACSC) Annual Work Program Report, pursuant to Rule 28-20.140, F.A.C., which
was submitted to the Department of Economic Opportunity (DEO).
DEO used the information provided by Monroe County to develop its Area of Critical State Concern
Annual Report to the Administration Commission (Governor and Cabinet), pursuant to Section
380.0552(4), F.S., and Rule 28-20.140(3)(a), F.A.C. Florida Keys Area of Critical
State Concern Annual Report
tasks for the reporting year. The recommendations from the report are as follows:
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This report is reviewed by the Administration Commission to evaluate the progress each
governmental entity has made toward achieving the work program task objectives and to determine
whether to recommend a decrease in annual allocations for housing units (20% sanction).
This year the Cabinet Aides meeting is scheduled for January 29, 2020 and the Cabinet Meeting is
scheduled for February 4, 2020. State staff have indicated these meetings will include an agenda
item to initiate rulemaking to amend Rule 28-20 to establish the Canal Restoration Work Program.
The proposed Rule is attached with the Canal Work program and a proposed amendment to Section
380.0552, F.S.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Update on Rule-making.
DOCUMENTATION:
2019 Florida Keys Annual Report
Rule 28-20 revised Canal Only post Admin Comm_Cabinet Aides
380.0552 leg alteration-Post Admin Comm_Cabinet Aides
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
n/a
REVIEWED BY:
Emily Schemper Completed 01/29/2020 10:04 PM
Assistant County Administrator Christine Hurley Completed
02/03/2020 8:28 AM
Steve Williams Completed 02/03/2020 8:40 AM
Budget and Finance Completed 02/03/2020 9:19 AM
Maria Slavik Completed 02/04/2020 8:54 AM
Kathy Peters Completed 02/04/2020 3:06 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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2019
Florida Keys Area of Critical State Concern
Annual Report
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Division of Community
Development
Areas of Critical State Concern Program
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Cover Letter and Executive Summary .......................................................................................... Tab 1
Annual Report ...................................................................................................................................... Tab 2
2019 Annual ReportMatrices ........................................................................................................... Tab 3
Program Statutesand Rules ............................................................................................................. Tab 4
Program Statutesand Rules Proposed Revisions ...................................................................... Tab 5
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Tab 1
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
EXECUTIVE SUMMARY
Section 380.05, Florida Statutes, allows the Florida Administration Commission to designate areas that
contain resources of statewide significance as an Area of Critical State Concern. The Florida Keys Area of
Critical State Concern, designated in 1974,includes the Village of Islamorada, the cities of Marathon, Layton
and Key Colony Beach and unincorporated Monroe County. In 1984, the City of Key West was also
designated an Area of Critical State Concern. Florida Administration Commission oversight includes
authority to promulgate administrative rules that guide local government growth and development decisions
related to comprehensive plans and land development regulations.
The Florida Department of Economic Opportunity (DEO) is required by section 380.0552(4)(b), Florida
Statutes, to submit a written report annually to the Florida Administration Commission describing the
progress of the Florida Keys Area of Critical State Concern toward completing the Work Program tasks
“specified in commission rules.” This report covers July 1, 2018, through June 30, 2019, and summarizes
the status of the Work Program tasks. The Work Program tasks became effective on June 17, 2011. Most
tasks were scheduled to be completed by December 31, 2015. However, there are recurring tasks, such as,
annually applying for land acquisition grant funding and wastewater infrastructure grants.
Each Work Program matrix found under Tab 3 of this report contains measurableactions with due dates.
Specifically, each contains thefollowing:
Tasks.
Status of each Work Program task in the third column as either “complete” or “incomplete” with
tasks due this reporting period highlighted in yellow.
Comments as to the extent to which these requirements have been met from the relevant local
government.
Documentation required.
Dates for completion.
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
During this reporting period:
Marathon completed 60%of the tasks assigned in the Work Program.
Monroe County completed 100% of the tasks assigned in the Work Program.
Islamorada completed 67% of the tasks assigned in the Work Program.
The percentage of tasks completed is not cumulative and covers only the current reporting period.
Recommendations
DEOmakes the following recommendations pursuant to section 380.0552(4)(b), Florida Statutes:
(1)Accept the 2019 Annual Report for Monroe County, the City of Marathon and the Village of
Islamorada;
(2)Continue the Florida Keys Area of Critical State Concern designation;
(3)Accept DEO’s recommendation that progress toward accomplishing the strategies of the Work
Program have been achieved for Monroe County, the City of Marathonand the Village of Islamorada;
(4)Acceptthe draft rule for the Canal Restoration Work Program tasks and the modification of sanction
provisions and authorize the publication of notices of rulemaking; and
(5)Support legislation to amend the reporting requirements in section 380.0552(4), Florida Statutes, from
annually to biennially.
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Tab 2
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Introduction
Section 380.0552(4), Florida Statutes, directs the state land planning agency to submit a report to the
Florida Administration Commission, describing in detail the progress of the Florida Keys Area of
Critical State Concern toward accomplishing the tasks of the Work Program and to provide a
recommendation as to whether progress toward accomplishing the tasks of the Work Program has
been achieved.
This narrative provides an overview
of this year’s rule requirements and
should be used in conjunction with
the Florida Administration
Commission’s Matrix at Tab 3 to
expedite review. The Matrix is the
Florida Administration Commission
Rule in a different format. It
contains the status of each Work
Program task in the third column as
either “complete” or “incomplete”
and the tasks due during this
reporting period are highlighted in
yellow. The Matrix includes
comments and information
submitted by the local governments.
National Key Deer Refuge, Big Pine Key (Source: B. Powell)
History
In 1972, the Florida Legislature adopted the Environmental Land and Water Management Act,
providing the basis for the state to designate an Area of Critical State Concern. To be designated, an
area must contain, or have a significant impact upon, environmental or natural resources of regional
or statewide importance where uncontrolled private or public development would cause substantial
deterioration of such resources. Examples of resources of regional or statewide significance include:
state or federal parks, forests, wildlife refuges, wilderness areas,
aquatic preserves, major rivers and estuaries, state environmentally
endangered lands, Outstanding Florida Waters, and aquifer recharge
areas. The Environmental Land and Water Management Act, was
adopted prior to the 1985 Growth Management Act and was written
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at a time when most local governments did not have programs and
personnel to guide development in a manner that would ensure that
these resources would be protected.
In 1975, the Florida Legislature designated the Florida Keys (Monroe
County and its municipalities) as an Area of Critical State Concern.
(Source: B. Powell)
The Florida Keys received this designation due to the area’s
July 1, 2018 – June 30, 2019 Page 1 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
environmental sensitivity and mounting development pressures. The legislative intent was to establish
a land use management system for the Florida Keys that would:
Protect the natural environment and improve the near shore water quality;
Support a diverse economic base that promotes balanced growth in accordance with the
capacity of public facilities;
Promote public land acquisition and ensure that the population of the Florida Keys can be
safely evacuated;
Provide affordable housing in close proximity to places of employment; and
Protect property rights and promote coordination among governmental agencies that have
permitting jurisdiction.
In the early 1990s, Monroe County revised its Comprehensive Plan to be consistent with the 1985
Growth Management Act, which drew legal challenges from numerous parties and litigation lasting
several years. In 1997, the Florida Administration Commission entered into a stipulated settlement
agreement to resolve the litigation. The Florida Administration Commission adopted Rule 28-20,
Florida Administrative Code, containing a Work Program, that when completed, would protect the
environment, resolve challenges raised by the various parties, and ultimately, lead to the repeal of the
designation. These administrative proceedings highlighted specific aspects of the Florida Keys
ecosystem as having already exceeded the carrying capacity thresholds of the environment to sustain
additional impacts from development. The declining water quality of the near shore environment
due to a lack of central sewer facilities was of particular concern.
The Work Program has been amended by the Florida Administration Commission to focus on four
topics: water quality improvements, habitat protection, hurricane evacuation and affordable
housing. When the time frame for completing the Work Program, pursuant to Rule 28-20.110,
Florida Administrative Code, expired in 2007, it was clear that the construction of central
wastewater facilities and the upgrade of all on-site sewage treatment and disposal systems to
advanced treatment standards would not be complete by the 2010 legislative deadline. As a result,
the local governments in the Florida Keys were successful in obtaining a legislative change to
provide a deadline extension from December 2010 to December 2015 for all sewage disposal
systems to be upgraded to meet standards that were initially adopted by the Florida Legislature in
1
1999.
In 2011, the Florida Administration Commission adopted amended rules for Monroe County, the
City of Marathon and the Village of Islamorada, to update the list of unfinished tasks and establish
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measurable wastewater construction priorities and dates. The adopted rules also implemented
Chapter 403, Florida Statutes, by adopting the wastewater treatment construction schedule provided
for in section 403.086(10)(b), Florida Statutes.
1
See Technical Appendix forstandards in Sections 381.0065(3)(h) and (4)(l) and 403.086(10), Florida Statutes
July 1, 2018 – June 30, 2019 Page 2 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Geographic and Environmental Setting
The Florida Keys are a chain of lushly vegetated tropical islands surrounded by clear shallow ocean
waters teeming with sea life. The islands are connected by a narrow ribbon of U.S. Highway 1
stretching 112 miles and spanned by 19 miles of bridges. The highest point of elevation along these
rocky islands is only 18 feet above sea level and there is no point that is more than four miles from
water. The Florida Keys are isolated from the rest of the state and receive electricity and potable
water from Florida City, located on the Florida mainland.
Access to and from the Keys is primarily by
U.S. Highway 1. Evacuation of the Keys’
population in advance of a hurricane strike is
essential for public safety. No hurricane shelters
are available in the Florida Keys for Category
3-5 hurricane storm events. A system of
managed growth was developed to ensure the
ability to evacuate within the 24-hour
evacuation clearance time as required by section
380.0552(9)(a)2., Florida Statutes. To meet a 24-
hour evacuation clearance time, a phased
hurricane evacuation procedure has been
Stock Island Marina (Source: B. Powell)
developed. The evacuation procedure is
separated into two phases:
Phase One: tourists, recreational vehicles, campgrounds, parks, hospitals and individuals
with special needs are evacuated 48 hours prior to an anticipated landfall of a Category 3 or
higher hurricane.
Phase Two: mobile home occupants are directed to evacuate 36 hours prior to anticipated
landfall and permanent residents are directed to evacuate 24 hours prior to landfall.
As part of the overall evacuation strategy, the Florida Administration Commission adopted a
building permit allocation system (BPAS) that caps the number of permits that can be issued for
new residential structures. Based on existing infrastructure and evacuation strategies, computer
modeling indicates that the projected maximum build out for the Florida Keys is the development of
an additional 3,550 allocations beginning July 2013. A portion of these allocations have been set-
aside for affordable housing.
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As authorized by the Florida Administration Commission on June 13, 2018,
the municipalities of Marathon, Islamorada and Key West amended their
comprehensive plans each adding 300 workforce-affordable housing units.
The allocations must be used for rental units and participants are required to
White Peacock Butterfly
commit to evacuating renters in the 48-hour window of evacuation. The
(Source: B. Powell)
July 1, 2018 – June 30, 2019 Page 3 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
amendments have been challenged in each jurisdiction.
The three cases were combined and a hearing with the
Division of Administrative Hearings is scheduled for
December 2019.
The environment and the economy are inextricably linked
in the Florida Keys. Tourism is the primary economic
engine in the Florida Keys. In 2018, over $2.4 billion was
Scarlet Skimmer Dragonfly (Source: B. Powell)
spent by over five million visitors translating to a $1.8
billion economic impact. Clean water in the Keys is
essential to maintaining a strong tourism base. Tourism represents 44% of all jobs in the Keys and is
the largest employer in Monroe County. The cost of water quality improvements in the Keys are a
small fraction of the long-term asset value that the natural resource provides to the economy of the
Florida Keys.
Canal Restoration
The Keys’ $1.2 billion marine-based
2
tourism industry is a strong economic
engine for both local and state economies
and relies almost entirely on clean waters.
Most residential canals in the Keys were
designed in a way that resulted in little or
no tidal flushing. Canals that do not flush
and have dead seaweed can lead to
bacteria, viruses and noxious hydrogen
sulfide and methane gases. Improvements
in wastewater treatment and stormwater
management have largely been completed
(Source: B. Powell)
but does not address all the water quality
problems in the canals.
More than 300 of the Keys’ 500 canals have “fair” or “poor” water quality. When the canals have
poor water quality, this has a direct impact on the water quality of the water in the Gulf and the
Atlantic. Periodic fish kills, dark water, the odor hydrogen sulfide (rotten eggs), and floating sludge
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are some of the sensory impacts of poor water quality in canals. The larger impact can be to health,
habitat and tourism.
2
National Marine Sanctuary Program, National Oceanic and Atmospheric Administration, National Ocean Service
and US Department of Commerce. 2007. Gmpsjeb!Lfzt!Obujpobm!Nbsjof!Tboduvbsz!Sfwjtfe!Nbobhfnfou!Qmbo/
http://floridakeys.noaa.gov/mgmtplans/2007.html
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Monroe County and the municipalities have completed a series of canal restoration projects for the
demonstration of restoration technologies extending from Key Largo to Geiger Key. The results will
be used to further define restoration costs and priorities of future projects. Funds utilized for the
canal restoration demonstration projects in the Florida Keys thus far have been from Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies (RESTORE),
Environmental Protection Agency (EPA), Florida Keys Stewardship Funds adopted by the Florida
Legislature and local contributions.
In April 2019, Governor DeSantis announced a canal restoration initiative. As part of the initiative,
the Governor directed the Florida Department of Economic Opportunity to develop a Canal
Restoration Work Program that will set a definitive timeline for canal restoration with essential
milestones for the completion of the project. The rules containing the Work Program are in Tab 5.
The rules lay out a 10-year plan for restoration efforts consistent with the Governor’s direction.
Mangrove (Source: B. Powell)
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July 1, 2018 – June 30, 2019 Page 5 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
STATUS OF LOCAL GOVERNMENT WORK PROGRAM JULY 1, 2018 – JUNE 30, 2019
The following pages provide an overview of the Work Program tasks, which were due for
completion during the evaluation period (July 1, 2018 to June 30, 2019).
Work Program Tasks
Monroe County, the City of Marathon and the Village of Islamorada Work Programs are
similar in that each local government is required to apply annually to federal or state agencies
for funding to support needed wastewater infrastructure.
All three Work Programs require local governments to identify funding in the local
government’s budget for wastewater needs.
All three Work Programs contain a requirement for a recurring annual evaluation of
wastewater infrastructure funding needs and a resolution requesting issuance of a portion of
the $200 million in bonds authorized by section215.619, Florida Statutes.
All three Work Programs require an annual evaluation of acquisition needs and applying to
at least one land acquisition grant program.
Marathon is required to annually apply for stormwater funding.
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Islamorada
The Village of Islamorada has an annual allocation of 28 new residential
building permits for a 10-year period beginning in 2013 (280 total). The
Village distributed 22 market-rate allocations and 11 affordable allocations.
The Village distributed four market-rate allocations through administrative
relief and borrowed forward for additional affordable allocations. The
Village completed two out of three of the Work Program tasks scheduled for completion during this
evaluation period. The Village lobbied the Florida Legislature for land acquisition funds but did not
apply for at least one state or federal grant as required by the rule. The Village applied for the
Rebuild Florida Voluntary Buyout Program, which was launched just after this report period ended.
Islamorada Work Program Tasks
CompleteIncomplete
(Rule 28-19.310, Florida Administrative Code)
Task 5(a)1: Apply for land acquisition funds X
Task 5(b)1: Identify wastewater funding in the Capital
X
Improvements Element
Task 5(b)4:Apply to state or federal government for
X
wastewater grant funding
Wastewater Connection Progress
The Village of Islamorada allocated $300,000 for sewer construction during this evaluation period.
Approximately 99percent of the potential wastewater connectionsin Islamoradahave been made or
are in process. There are fewer than 40 connections remaining in the Village. This final group
representsthe difficult-to-connect. This group is represented byabsentee owners, owners who are
having difficulty paying for the plumber to connect to sewer and even a shortage of plumbers with
the equipment necessary to cut through the cap rock found throughout the Keys.
July 1, 2018 – June 30, 2019 Page 7 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Marathon
The City of Marathon can annually allocate 30 new residential building
permits for a ten-year period beginning in 2013 (300 total). The City
distributed 25 market-rate allocations and six affordable allocations. One
affordable allocation was from a pool of unused allocations from previous
years. The Citycompleted 60 percent of the tasks scheduled for completion
in the Work Program during this report period. While the City of Marathon
provided a list of parcels targeted for acquisition to the Monroe County Land Authority and the
Florida Department of Environmental Protection, this year they did not apply for land acquistion
grants. Two properties for affordable housing were purchased by the Monroe County Land
Authority. The City applied for the Rebuild Florida Voluntary Buyout Program,which was launched
just after this report period ended. The City will be able to purchase 17 properties with the grant.
Marathon Work Program Tasks
Complete Incomplete
(Rule 28-18.400, Florida Administrative Code)
Task 5(a)6: Apply for land acquisition grants X
Task 5(b)1: Allocate funding for wastewater in the Capital
X
Improvements Element
Task 5(b)3: Apply for state or federal wastewater funding X
Task 5(d)1: Allocate funding for stormwater treatment
X
facilities
Task 5(d)2: Apply to the South Florida Water Management
X
District for stormwater grants
Wastewater Connection Progress
The City of Marathon has connected 100 percent of potential customers to the regional systems, less
22 properties in code-compliance.
Stormwater Treatment Funding
The City of Marathon created a stormwater utility, which meets the needs of the City without
additional funds from state or federal sources.
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
Unincorporated Monroe County
Monroe County has an annual allocation of 197 new residential building
permits from 2013 through 2023 (1,970 total). The County submitted an
amendment to their comprehensive plan to extend the Rate of Growth
Ordinance (ROGO) timeframe by three years to 2026. The County
distributed 124 market-rate allocations. This past reporting year, 233
affordable allocations were allocated or reserved for future projects in Monroe County. A portion of
these allocations (82) were reserved for projects in the City of Marathon through an interlocal
agreement. The County completed 100 percent of the tasks assigned in the Work Program for this
evaluation period.
From July 13, 2018, to July 12, 2019, the Monroe County Land Authority, Monroe County Board of
County Commissioners and the Trustees of the Internal Improvement Trust Fund acquired 68
parcels (79.3 acres) retiring 72.24 development rights at a cost of $4,467,021. The County allocated
more than $23 million in wastewater funding during the reporting period.
Monroe County Work Program Tasks
Complete Incomplete
(Rule 28-20.140, Florida Administrative Code)
Task 5(a)7: Report on efforts to acquire land and fund
X
balances
Task 5(a)10: Apply annually for land acquisition funding X
Task 5(b)1: Allocate wastewater funding X
Task 5(b)3: Request Everglades bonds issuance X
Task 5(b)5: Apply for wastewater grant funding X
Wastewater ConnectionProgress
The Cudjoe Regional Wastewater Plant was the finalplant and collection facility to be built in the
Keys. The connection rate for customers on the Cudjoe plant for this reporting period is 68 percent.
There are more than five wastewater plant facilities that have been constructed over the last few
years within unincorporated Monroe County. The overall connection rate in Monroe County is 93
percent, with all but the Cudjoe facility reporting at or above 92 percent and the Key Largo facility at
99 percent.
July 1, 2018 – June 30, 2019 Page 9 of 10
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Florida Department of Economic Opportunity, Florida Keys Area of Critical State Concern Annual Report
RECOMMENDATIONS
DEO recommends finding that Monroe
County, the City of Marathon and the
Village of Islamorada have made
progress toward accomplishing the
Work Program tasks as specified in the
Florida Administration Commission
rules.
Monroe County, the City of Marathon
and the Village of Islamorada have
completed the wastewater tasks as
Key Largo Wastewater Treatment District Wastewater
outlined in the Commission’s rules.
Treatment Facility (Source: B. Powell)
DEO recommends removing the
associated sanctions contained in the
rules, except those associated with continuing land acquisition efforts where a strong nexus exists.
Therefore, in accordance with its statutory charge found in section 380.0552(4)(b), Florida Statutes,
DEO recommends the following actions:
(1)Accept the 2019 Annual Report for Monroe County, the City of Marathon and the Village of
Islamorada;
(2)Continue the Florida Keys Area of Critical State Concern designation;
(3)Accept DEO’s recommendation that progress toward accomplishing the strategies of the
Work Program have been achieved for Monroe County, the City of Marathon, and the Village
of Islamorada;
(4)Accept the draft rule for the Canal Restoration Work Program tasks and the modification of
sanction provisions and authorize the publication of notices of rulemaking; and
(5)Support legislation to amend the reporting requirements in section 380.0552(4), Florida
Statues, from annually to biennially.
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July 1, 2018 – June 30, 2019 Page 10 of 10
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Tab 3
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Tab 4
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Statute References
Section 380.0552, Florida Statutes
Section 381.0065, Florida Statutes
Section 403.086, Florida Statutes
Rule References
Chapter 28-18, Florida Administrative Codes
Chapter 28-19, Florida Administrative Codes
Chapter 28-20, Florida Administrative Codes
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The 2019Florida Statutes
1
380.0552Florida Keys Area; protection and designation as area of critical state concern.—
(1)SHORT TITLE.—This section may be cited as the “FloridaKeys Area Protection Act.”
(2)LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a)Establish a land use management system that protects the natural environment of the Florida Keys.
(b)Establish a land use management system that conserves and promotes the community character of the
Florida Keys.
(c)Establish a land use management system that promotes orderly and balanced growth in accordance with
the capacity of available and planned public facilities and services.
(d)Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e)Establish a land use management system that promotes and supports a diverse and sound economic
base.
(f)Protect the constitutional rights of property owners to own, use, and dispose oftheir real property.
(g)Promote coordination and efficiency among governmental agencies that have permitting jurisdiction
over land use activities in the Florida Keys.
(h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands
within the Florida Keys.
(i)Protect and improve the nearshore water quality of the Florida Keys through federal, state, and local
funding of water quality improvement projects, including the construction and operation of wastewater
management facilities that meet the requirements of ss.381.0065(4)(l) and403.086(10), as applicable.
(j)Ensure that the population of the Florida Keys can be safely evacuated.
(3)RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of critical state
concern, the boundaries of which are described in chapter 27F-8, Florida Administrative Code, as amended
effective August 23, 1984, is hereby ratified.
(4)REMOVAL OF DESIGNATION.—
(a)The designation of the Florida Keys Area as an area of critical state concern under this section may be
recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the
work program tasks specified in rules of the Administration Commission.
(b)Beginning November 30, 2010, the state land planning agency shall annually submit a written report to
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the Administration Commission describing the progress of the Florida Keys Area toward completing the work
program tasks specified in commission rules. The land planning agency shall recommend removing the Florida
Keys Area from being designated as an area of critical state concern to the commission if it determines that:
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1.All of the work program tasks have been completed, including construction of, operation of, and
connection to central wastewater management facilities pursuant to s.403.086(10) and upgrade of onsite
sewage treatment and disposal systems pursuant to s.381.0065(4)(l);
2.All local comprehensive plans and land development regulations and the administration of such plans and
regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in subsection
(2), and are consistent with and further the principles guiding development; and
3.A local government has adopted a resolution at a public hearing recommending the removal of the
designation.
(c)After receipt of the state land planning agency report and recommendation, the Administration
Commission shall determine whether the requirementshave been fulfilled and may remove the designation of
the Florida Keys as an area of critical state concern. If the commission removes the designation, it shall initiate
rulemaking to repeal any rules relating to such designation within 60 days. If, afterreceipt of the state land
planning agency’s report and recommendation, the commission finds that the requirements for recommending
removal of designation have not been met, the commission shall provide a written report to the local
governments within 30 days after making such a finding detailing the tasks that must be completed by the local
government.
(d)The Administration Commission’s determination concerning the removal of the designation of the
Florida Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall
be conducted by the Division of Administrative Hearings and must be initiated within 30 days after the
commission issues its determination.
(e)After removal of the designation of the Florida Keys as an area of critical state concern, the state land
planning agency shall review proposed local comprehensive plans, and any amendments to existing
comprehensive plans, which are applicable to the Florida Keys Area, the boundaries of which were described in
chapter 28-29, Florida Administrative Code, as of January 1, 2006, for compliance as defined in s.163.3184. All
procedures and penalties described in s.163.3184apply to the review conducted pursuant to this paragraph.
(f)The Administration Commission may adopt rules or revise existing rules as necessary to administer this
subsection.
(5)APPLICATION OF THIS CHAPTER.—Section380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply to
the area designated by this section for so long as the designation remains in effect. Except as otherwise
provided inthis section, s.380.045shall not apply to the area designated by this section. All other provisions
of this chapter shall apply, including s.380.07.
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(6)RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The Governor, acting as the chief planning officer
of the state, shall appoint a resource planning and management committee for the Florida Keys Area with the
membership as specified in s.380.045(2). Meetings shall be called as needed by the chair or on the demand of
three or more members of the committee. The committee shall:
(a)Serve as a liaison between the state and local governments within Monroe County.
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(b)Develop, with local government officials in the Florida Keys Area, recommendations to the state land
planning agency as to the sufficiency of the Florida Keys Area’s comprehensive plan and land development
regulations.
(c)Recommend to the state land planning agency changes to state and regional plans and regulatory
programs affecting the Florida Keys Area.
(d)Assist units of local government within the Florida Keys Area in carrying out the planningfunctions and
other responsibilities required by this section.
(e)Review, at a minimum, all reports and other materials provided to it by the state land planning agency
or other governmental agencies.
(7)PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, and local agencies and units of government in
the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities
consistent with the principles for guiding development as specified in chapter 27F-8, Florida Administrative
Code, as amended effective August 23, 1984, which is adopted and incorporated herein by reference. For the
purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the
principles for guiding development, and any amendments to the principles, the principles shall be construed as
a whole and specific provisions may not be construed or applied in isolation from the other provisions.
However, the principles for guiding development are repealed 18 months from July 1,1986. After repeal, any
plan amendments must be consistent with the following principles:
(a)Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuingthe area of critical state concern
designation.
(b)Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds,
wetlands, fish and wildlife, and their habitat.
(c)Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their
habitat.
(d)Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e)Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f)Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development iscompatible with the unique historic character of the Florida Keys.
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(g)Protecting the historical heritage of the Florida Keys.
(h)Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
public investments, including:
1.The Florida Keys Aqueduct and water supply facilities;
2.Sewage collection, treatment, and disposal facilities;
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3.Solid waste treatment, collection, and disposal facilities;
4.Key West Naval Air Station and other military facilities;
5.Transportation facilities;
6.Federal parks, wildlife refuges, and marine sanctuaries;
7.State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8.City electric service and the Florida Keys Electric Co-op; and
9.Other utilities, as appropriate.
(i)Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities;
the installation and proper operation and maintenance of onsite sewage treatment and disposal systems; and
other water quality and water supply projects, including direct and indirect potable reuse.
(j)Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss.381.0065(4)(l) and403.086(10), as
applicable, and by directing growth to areas served by central wastewater treatment facilities through permit
allocation systems.
(k)Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(l)Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
or manmade disaster and for a postdisaster reconstruction plan.
(n)Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
Florida Keys as a unique Florida resource.
(8)COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT REGULATIONS.—The comprehensive plan
elements and land development regulations approved pursuant to s.380.05(6), (8), and (14) shall be the
comprehensive plan elements and land development regulations for the Florida Keys Area.
(9)MODIFICATION TO PLANS AND REGULATIONS.—
(a)Any land development regulation or element of a local comprehensive plan in the Florida Keys Area may
be enacted, amended, or rescinded by a local government, but the enactment, amendment, or rescission
becomes effective only upon approval by the state land planning agency. The state land planning agency shall
review the proposed change to determine if it is in compliance with the principles for guiding development
specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, and must
approve or reject the requested changes within 60 days after receipt. Amendments to local comprehensive
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plans in the Florida Keys Area must also be reviewed for compliance with the following:
1.Construction schedules and detailed capital financing plans for wastewater management improvements
in the annually adopted capital improvements element, and standards for the construction of wastewater
treatment and disposal facilities or collection systems that meet or exceed the criteria in s.403.086(10) for
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wastewater treatment and disposal facilities or s.381.0065(4)(l) for onsite sewage treatment and disposal
systems.
2.Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by
maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours. The
hurricane evacuation clearance time shall be determined by a hurricane evacuation study conducted in
accordance with a professionally accepted methodology and approved by the state land planning agency.
(b)The state land planning agency, after consulting with the appropriate local government, may, no more
than once per year, recommend to the Administration Commission the enactment, amendment, or rescission of
a land development regulation or element of a local comprehensive plan. Within 45 days following the receipt
of such recommendation, the commission shall reject the recommendation, or accept it with or without
modification and adopt it by rule, including any changes. Such local development regulation or plan must be in
compliancewith the principles for guiding development.
History.—s. 6, ch. 79-73; s. 4, ch. 86-170; s. 1, ch. 89-342; s. 641, ch. 95-148; s. 3, ch. 2006-223; s. 34, ch. 2010-205; s. 26, ch.
2011-4; s. 7, ch. 2016-225.
1
Note.—Section 7, ch. 2006-223, provides that “\[i\]f the designation of the Florida Keys Area as an area of critical state concern
is removed, the state shall be liable in any inverse condemnation action initiated as a result of Monroe County land use regulations
applicable to the Florida Keys Area as described in chapter 28-29, Florida Administrative Code, and adopted pursuant to
instructions from the Administration Commission or pursuant to administrative rule of the Administration Commission, to the same
extent that the state was liable on the date theAdministration Commission determined that substantial progress had been made
toward accomplishing the tasks of the work program as defined in s. 380.0552(4)(c), Florida Statutes. If, after the designation of
the Florida Keys Area as an area of critical state concern is removed, an inverse condemnation action is initiated based upon land
use regulations that were not adopted pursuant to instructions from the Administration Commission or pursuant to administrative
rule of the Administration Commission and ineffect on the date of the designation’s removal, the state’s liability in the inverse
condemnation action shall be determined by the courts in the manner in which the state’s liability is determined in areas that are
not areas of critical state concern. The state shall have standing to appear in any inverse condemnation action.”
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Title XXIXView Entire Chapter
Chapter 381
PUBLIC HEALTH
PUBLIC HEALTH: GENERAL PROVISIONS
381.0065Onsite sewage treatment and disposal systems; regulation.—
(1)LEGISLATIVE INTENT.—
(a)It is the intent of the Legislature that proper management of onsite sewage treatment and
disposal systems is paramount to the health, safety, and welfare of the public.
(b)It is the intent of the Legislature that where a publicly owned or investor-owned sewerage
system is not available, the department shall issue permits for the construction, installation,
modification, abandonment, or repair of onsite sewage treatment and disposal systems under
conditions as described in this section and rules adopted under this section. Itis further the intent
of the Legislature that the installation and use of onsite sewage treatment and disposal systems not
adversely affect the public health or significantly degrade the groundwater or surface water.
(2)DEFINITIONS.—As used in ss.381.0065-381.0067, the term:
(a)“Available,” as applied to a publicly owned or investor-owned sewerage system, means that
the publicly owned or investor-owned sewerage system is capable of being connected to the
plumbing of an establishment or residence, is not under a Department of Environmental Protection
moratorium, and has adequate permitted capacity to accept the sewage to be generated by the
establishment or residence; and:
1.For a residential subdivision lot, a single-family residence, or an establishment, any of which
has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain
gravity flow from the property’s drain to the sewer line, or a low pressure or vacuum sewage
collection line in those areas approved for low pressure or vacuum sewage collection, exists in a
public easement or right-of-way that abuts the property line of the lot, residence, or
establishment.
2.For an establishment with an estimated sewage flow exceeding 1,000 gallons per day, a
sewer line, force main, or lift station exists in a public easement or right-of-way that abuts the
property of the establishment or is within 50 feet of the property line of the establishment as
accessed via existing rights-of-way or easements.
3.For proposed residential subdivisions with more than 50 lots, for proposed commercial
subdivisions with more than 5 lots, and for areas zoned or used for an industrial or manufacturing
purpose or its equivalent, a sewerage system exists within one-fourth mile of the development as
measured and accessed via existing easements or rights-of-way.
4.For repairs or modifications within areas zoned or used for an industrial or manufacturing
purpose or its equivalent, a sewerage system exists within 500 feet of an establishment’s or
residence’s sewer stub-out as measured and accessed via existing rights-of-way or easements.
(b)1.“Bedroom” means a room that can be used for sleeping and that:
a.For site-built dwellings, has a minimum of 70 square feet of conditioned space;
b.For manufactured homes, is constructed according to the standards of the United States
Department of Housing and Urban Development and has a minimum of 50 square feet of floor area;
c.Is located along an exterior wall;
d.Has a closet and a door or an entrance where a door could be reasonably installed; and
e.Has an emergency means of escape and rescue opening to the outside in accordance with the
Florida Building Code.
2.A room may not be considered a bedroom if it is used to access another room except a
bathroom or closet.
3.“Bedroom” does not include a hallway, bathroom, kitchen, living room, family room, dining
room, den, breakfast nook, pantry, laundry room, sunroom, recreation room, media/video room,
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or exercise room.
(c)“Blackwater” means that part of domestic sewage carried off by toilets, urinals, and kitchen
drains.
(d)“Domestic sewage” means human body waste and wastewater, including bath and toilet
waste, residential laundry waste, residential kitchenwaste, and other similar waste from
appurtenances at a residence or establishment.
(e)“Graywater” means that part of domestic sewage that is not blackwater, including waste
from the bath, lavatory, laundry, and sink, except kitchen sink waste.
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(f)“Florida Keys” means those islands of the state located within the boundaries of Monroe
County.
(g)“Injection well” means an open vertical hole at least 90 feet in depth, cased and grouted to
at least 60 feet in depth which is used to dispose of effluent from an onsite sewage treatment and
disposal system.
(h)“Innovative system” means an onsite sewage treatment and disposal system that, in whole
or in part, employs materials, devices, or techniques that are novel or unique and that have not
been successfully field-tested under sound scientific and engineering principles under climatic and
soil conditions found in this state.
(i)“Lot” means a parcel or tract of land described by reference to recorded plats or by metes
and bounds, or the least fractional part of subdivided lands having limited fixed boundaries or an
assigned number, letter, or any other legal description by which it can be identified.
(j)“Mean annual flood line” means the elevation determined by calculating the arithmetic
mean of the elevations of the highest yearly flood stage or discharge for the period of record, to
include at least the most recent 10-year period. If at least 10 years of data is not available, the
mean annual flood line shall be as determined based upon the data available and field verification
conducted by a certified professional surveyor and mapper with experience in the determination of
flood water elevation lines or, at the option of the applicant, by department personnel. Field
verification of the mean annual flood line shall be performed using a combination of those
indicators listed in subparagraphs 1.-7. that are present on the site, and that reflect flooding that
recurs on an annual basis. In those situations where any one or more of these indicators reflect a
rare or aberrant event, such indicator or indicators shall not be utilized in determining the mean
annual flood line. The indicators that may be considered are:
1.Water stains on the ground surface, trees, and other fixed objects;
2.Hydric adventitious roots;
3.Drift lines;
4.Rafted debris;
5.Aquatic mosses and liverworts;
6.Moss collars; and
7.Lichen lines.
(k)“Onsite sewage treatment and disposal system” means a system that contains a standard
subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system
tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a pump tank; a solids
or effluent pump; a waterless, incinerating, or organic waste-composting toilet; or a sanitary pit
privy that is installed or proposed to be installed beyond the building sewer on land of the owner or
on other land to which the owner has the legal right to install a system. The term includes any item
placed within, or intended to be used as a part of or in conjunction with, the system. This term
does not include package sewage treatment facilities and other treatment works regulated under
chapter 403.
(l)“Permanent nontidal surface water body” means a perennial stream, a perennial river, an
intermittent stream, a perennial lake, a submerged marsh or swamp, a submerged wooded marsh
or swamp, a spring, or a seep, as identified on the most recent quadrangle map, 7.5 minute series
(topographic), produced by the United States Geological Survey, or products derived from that
series. “Permanent nontidal surface water body” shall also mean an artificial surface water body
that does not have an impermeable bottom and side and that is designed to hold, or does hold,
visible standing water for at least 180 days of the year. However, a nontidal surface water body
that is drained, either naturally or artificially, where the intent or the result is that such drainage
be temporary, shall be considered a permanent nontidal surface water body. A nontidal surface
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water body that is drained of all visible surface water, where the lawful intent or the result of such
drainage is that such drainage will be permanent, shall not be considered a permanent nontidal
surface water body. The boundary of a permanent nontidal surface water body shall be the mean
annual flood line.
(m)“Potable water line” means any water line that is connected to a potable water supply
source, but the term does not include an irrigation line with any of the following types of backflow
devices:
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1.For irrigation systems into which chemicals are not injected, any atmospheric or pressure
vacuum breaker or double check valve or any detector check assembly.
2.For irrigation systems into which chemicals such as fertilizers, pesticides, or herbicides are
injected, any reduced pressure backflow preventer.
(n)“Septage” means a mixture of sludge, fatty materials, human feces, and wastewater
removed during the pumping of an onsite sewage treatment and disposal system.
(o)“Subdivision” means, for residential use, any tract or plot of land divided into two or more
lots or parcels of which at least one is 1 acre or less in size for sale, lease, or rent. A subdivision for
commercial or industrial use is any tract or plot of land divided into two or more lots or parcels of
which at least one is 5acres or less in size and which is for sale, lease, or rent. A subdivision shall
be deemed to be proposed until such time as an application is submitted to the local government
for subdivision approval or, in those areas where no local government subdivision approval is
required, until such time as a plat of the subdivision is recorded.
(p)“Tidally influenced surface water body” means a body of water that is subject to the ebb
and flow of the tides and has as its boundary a mean high-water line as definedby s.177.27(15).
(q)“Toxic or hazardous chemical” means a substance that poses a serious danger to human
health or the environment.
(3)DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The department shall:
(a)Adopt rules to administer ss.381.0065-381.0067, including definitions that are consistent
with thedefinitions in this section, decreases to setback requirements where no health hazard
exists, increases for the lot-flow allowance for performance-based systems, requirements for
separation from water table elevation during the wettest season, requirements for the design and
construction of any component part of an onsite sewage treatment and disposal system, application
and permit requirements for persons who maintain an onsite sewage treatment and disposal
system, requirements for maintenance and serviceagreements for aerobic treatment units and
performance-based treatment systems, and recommended standards, including disclosure
requirements, for voluntary system inspections to be performed by individuals who are authorized
by law to perform such inspections and who shall inform a person having ownership, control, or use
of an onsite sewage treatment and disposal system of the inspection standards and of that person’s
authority to request an inspection based on all or part of the standards.
(b)Perform application reviews and site evaluations, issue permits, and conduct inspections
and complaint investigations associated with the construction, installation, maintenance,
modification, abandonment, operation, use, or repair of an onsite sewage treatment and disposal
system for a residence or establishment with an estimated domestic sewage flow of 10,000 gallons
or less per day, or an estimated commercial sewage flow of 5,000 gallons or less per day, which is
not currently regulated under chapter 403.
(c)Develop a comprehensive program to ensure that onsite sewage treatment and disposal
systems regulated by the department are sized, designed, constructed, installed, repaired,
modified, abandoned, used, operated, and maintained in compliance with this section and rules
adopted under this section to prevent groundwater contamination and surface water contamination
and to preserve the public health. The department is the final administrative interpretive authority
regarding rule interpretation. In the event of a conflict regarding rule interpretation, the State
Surgeon General, or his or her designee, shall timely assign a staff person to resolve the dispute.
(d)Grant variances in hardship cases under the conditions prescribed in this section and rules
adopted under this section.
(e)Permit the use of a limited number of innovative systems for a specific period of time, when
there is compelling evidence that the system will function properly and reliably to meet the
requirements of this section and rules adopted under this section.
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(f)Issue annual operating permits under this section.
(g)Establish and collect fees as established under s.381.0066for services provided with
respect to onsite sewage treatment and disposal systems.
(h)Conduct enforcement activities, including imposing fines, issuing citations, suspensions,
revocations, injunctions, and emergency orders for violations of this section, part I of chapter 386,
or part III of chapter 489 or for a violation of any rule adopted under this section, part I of chapter
386, or part III of chapter 489.
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(i)Provide or conduct education and training of departmentpersonnel, service providers, and
the public regarding onsite sewage treatment and disposal systems.
(j)Supervise research on, demonstration of, and training on the performance, environmental
impact, and public health impact of onsite sewage treatment and disposal systems within this
state. Research fees collected under s.381.0066(2)(k) must be used to develop and fund hands-on
training centers designed to provide practical information about onsite sewage treatment and
disposal systems to septic tank contractors, master septic tank contractors, contractors,
inspectors, engineers, and the public and must also be used to fund research projects which focus
on improvements of onsite sewage treatment and disposal systems, including use of performance-
based standards and reduction of environmental impact. Research projects shall be initially
approved by the technical review and advisory panel and shall be applicable to and reflect the soil
conditions specific to Florida. Such projects shall be awarded through competitive negotiation,
using the procedures provided in s.287.055, to public or private entities that have experience in
onsite sewage treatment and disposal systems in Florida and that are principally located in Florida.
Research projects shall not be awarded to firms or entities that employ or are associated with
persons who serve on either the technical review and advisory panel or the research review and
advisory committee.
(k)Approve the installation of individual graywater disposal systems in which blackwater is
treated by a central sewerage system.
(l)Regulate and permit the sanitation, handling, treatment, storage, reuse, and disposal of
byproducts from any system regulated under this chapter and not regulated by the Department of
Environmental Protection.
(m)Permit and inspect portable or temporary toilet services and holding tanks. The department
shall review applications, perform site evaluations, and issue permits for the temporary use of
holding tanks, privies, portable toilet services, or any other toilet facility that is intended for use
on a permanent or nonpermanent basis, including facilities placed on construction sites when
workers are present. The department may specify standards for theconstruction, maintenance,
use, and operation of any such facility for temporary use.
(n)Regulate and permit maintenance entities for performance-based treatment systems and
aerobic treatment unit systems. To ensure systems are maintained and operated according to
manufacturer’s specifications and designs, the department shall establish by rule minimum
qualifying criteria for maintenance entities. The criteria shall include: training, access to approved
spare parts and components, access to manufacturer’smaintenance and operation manuals, and
service response time. The maintenance entity shall employ a contractor licensed under
s.489.105(3)(m), or part III of chapter 489, or a state-licensed wastewater plant operator, who is
responsible for maintenance and repair of all systems under contract.
(4)PERMITS; INSTALLATION; AND CONDITIONS.—A person may not construct, repair, modify,
abandon, or operate an onsite sewage treatment and disposal system without first obtaining a
permit approved by the department. The department may issue permits to carry out this section,
but shall not make the issuance of such permits contingent upon prior approval by the Department
of Environmental Protection, except that the issuance of a permit for work seaward of the coastal
construction control line established under s.161.053shall be contingent upon receipt of any
required coastal construction control line permit from the Department of Environmental
Protection. A construction permit is valid for 18 months from the issuance date and may be
extended by the department for one 90-day period under rules adopted by the department. A
repair permit is valid for 90 days from the date of issuance. An operating permit must be obtained
prior to the use of any aerobic treatment unit or if the establishment generates commercial waste.
Buildings or establishments that use an aerobic treatment unit or generate commercial waste shall
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be inspected by the department at least annually to assure compliance with the terms of the
operating permit. The operating permit for a commercial wastewater system is valid for 1 year
from the date of issuance and must be renewed annually. The operating permit for an aerobic
treatment unit is valid for 2 years fromthe date of issuance and must be renewed every 2 years. If
all information pertaining to the siting, location, and installation conditions or repair of an onsite
sewage treatment and disposal system remains the same, a construction or repair permit for the
onsite sewage treatment and disposal system may be transferred to another person, if the
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transferee files, within 60 days after the transfer of ownership, an amended application providing
all corrected information and proof of ownership of the property. There is no fee associated with
the processing of this supplemental information. A person may not contract to construct, modify,
alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal
system without being registered under part III of chapter 489. A property owner who personally
performs construction, maintenance, or repairs to a system serving his or her own owner-occupied
single-family residence is exempt from registration requirements for performing such construction,
maintenance, or repairs on that residence, but is subject to all permitting requirements. A
municipality or political subdivision of the state may not issue a building or plumbing permit for
any building that requires the use of an onsite sewage treatment and disposal system unless the
owner or builder has received a construction permit for such system from the department. A
building or structure may not be occupied and a municipality, political subdivision, or any state or
federal agency may not authorize occupancy until the department approves the final installation of
the onsite sewage treatment and disposal system. A municipality or political subdivision of the
state may not approve any change in occupancy or tenancy of a building that uses an onsite sewage
treatment and disposal system until the department has reviewed the use of the system with the
proposed change, approved the change, and amended the operating permit.
(a)Subdivisions and lots in which each lot has a minimum area of at least one-half acre and
either a minimum dimension of 100 feet or a mean of at least 100 feet of the side bordering the
street and the distance formed by a line parallel to the side bordering the street drawn between
the two most distant points of the remainder ofthe lot may be developed with a water system
regulated under s.381.0062and onsite sewage treatment and disposal systems, provided the
projected daily sewage flow does not exceed an average of 1,500 gallons per acre per day, and
provided satisfactory drinking water can be obtained and all distance and setback, soil condition,
water table elevation, and other related requirements of this section and rules adopted under this
section can be met.
(b)Subdivisions and lots using a public water system as defined in s.403.852may use onsite
sewage treatment and disposal systems, provided there are no more than four lots per acre,
provided the projected daily sewage flow does not exceed an average of 2,500 gallons per acre per
day, and provided that all distance and setback, soil condition, water table elevation, and other
related requirements that are generally applicable to the use of onsite sewage treatment and
disposal systems are met.
(c)Notwithstanding paragraphs (a) and (b), for subdivisions platted of record on or before
October 1, 1991, when a developer or other appropriate entity has previously made or makes
provisions, including financial assurances or other commitments, acceptable to the Department of
Health, that a central water system will be installed by a regulated public utility based on a
density formula, private potable wells may be used with onsite sewage treatment and disposal
systems until the agreed-upon densities are reached. In a subdivision regulated by this paragraph,
the average daily sewage flow may not exceed 2,500 gallons per acre per day. This section does
not affect the validity of existing prior agreements. After October 1, 1991, the exception provided
under this paragraph is not available to a developer or other appropriate entity.
(d)Paragraphs (a) and (b) do not apply to any proposed residential subdivision with more than
50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or
investor-owned sewerage system is available. It is the intent of this paragraph not to allow
development of additional proposed subdivisions in order to evade the requirements of this
paragraph.
(e)Onsite sewage treatment and disposal systems must not be placed closer than:
1.Seventy-five feet from a private potable well.
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2.Two hundred feet from a public potable well serving a residential or nonresidential
establishment having a total sewage flow of greater than 2,000 gallons per day.
3.One hundred feet from a public potable well serving a residential or nonresidential
establishment having a total sewage flow of less than or equal to 2,000 gallons per day.
4.Fifty feet from any nonpotable well.
5.Ten feet from any storm sewer pipe, to the maximum extent possible, but in no instance
shall the setback be less than 5 feet.
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6.Seventy-five feet from the mean high-water line of a tidally influenced surface water body.
7.Seventy-five feet from the mean annual flood line of a permanent nontidal surface water
body.
8.Fifteen feet from the design high-water line of retention areas, detention areas, or swales
designed to contain standing or flowing water for less than 72 hours after a rainfall or the design
high-water level of normally dry drainage ditches or normally dry individual lot stormwater
retention areas.
(f)Except asprovided under paragraphs (e) and (t), no limitations shall be imposed by rule,
relating to the distance between an onsite disposal system and any area that either permanently or
temporarily has visible surface water.
(g)All provisions of this section and rules adopted under this section relating to soil condition,
water table elevation, distance, and other setback requirements must be equally applied to all
lots, with the following exceptions:
1.Any residential lot that was platted and recorded on or after January 1, 1972, or that is part
of a residential subdivision that was approved by the appropriate permitting agency on or after
January 1, 1972, and that was eligible for an onsite sewage treatment and disposal system
construction permit on the date of such platting and recording or approval shall be eligible for an
onsite sewage treatment and disposal system construction permit, regardless of when the
application for a permit is made. If rules in effect at the time the permit application is filed cannot
be met, residential lots platted and recorded or approved on or after January 1, 1972, shall, to the
maximum extent possible, comply with the rules in effect at the time the permit application is
filed. At a minimum, however, those residential lots platted and recorded or approved on or after
January 1, 1972, but before January 1, 1983, shall comply with those rules in effect on January 1,
1983, and those residential lots platted and recorded or approved on or after January 1, 1983, shall
comply with those rules in effect at the time of such platting and recording or approval. In
determining the maximum extent of compliance with current rules that is possible, the department
shall allow structures and appurtenances thereto which were authorized at the time such lots were
platted and recorded or approved.
2.Lots platted before 1972 are subject to a 50-foot minimum surface water setback and are
not subject to lot size requirements. The projected daily flow for onsite sewage treatment and
disposal systems for lots platted before 1972 may not exceed:
a.Two thousand five hundred gallons per acre per day for lots served by public water systems
as defined in s.403.852.
b.One thousand five hundred gallons per acre per day for lots served by water systems
regulated under s.381.0062.
(h)1.The department may grant variances in hardship cases which may be less restrictive than
the provisions specified in this section. If a variance is granted and the onsite sewage treatment
and disposal system construction permit has been issued, the variance may be transferred with the
system construction permit, if the transferee files, within 60 days after the transfer of ownership,
an amended construction permit application providing all corrected information and proof of
ownership of the property and if the same variance would have been required for the new owner of
the property as was originally granted to the original applicant for the variance. There is no fee
associated with the processing of this supplemental information. A variance may not be granted
under this section until the department is satisfied that:
a.The hardship was not caused intentionally by the action of the applicant;
b.No reasonable alternative, taking intoconsideration factors such as cost, exists for the
treatment of the sewage; and
c.The discharge from the onsite sewage treatment and disposal system will not adversely
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affect the health of the applicant or the public or significantly degrade the groundwater or surface
waters.
Where soil conditions, water table elevation, and setback provisions are determined by the
department to be satisfactory, special consideration must be given to those lots platted before 1972.
2.The department shall appoint and staff a variance review and advisory committee, which
shall meet monthly to recommend agency action on variance requests. The committee shall make
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its recommendations on variance requests at the meeting in which the application is scheduled for
consideration, except for an extraordinary change in circumstances, the receipt of new information
that raises new issues, or when the applicant requests an extension. The committee shall consider
the criteria in subparagraph 1. in its recommended agency action on variance requests and shall
also strive to allow property owners the full use of their land where possible. The committee
consists of the following:
a.The State Surgeon General or his or her designee.
b.A representative from the county health departments.
c.Arepresentative from the home building industry recommended by the Florida Home
Builders Association.
d.A representative from the septic tank industry recommended by the Florida Onsite
Wastewater Association.
e.A representative from the Department of Environmental Protection.
f.A representative from the real estate industry who is also a developer in this state who
develops lots using onsite sewage treatment and disposal systems, recommended by the Florida
Association of Realtors.
g.A representative from the engineering profession recommended by the Florida Engineering
Society.
Members shall be appointed for a term of 3 years, with such appointments being staggered so that
the terms of no more than two members expire in any one year. Members shall serve without
remuneration, but if requested, shall be reimbursed for per diem and travel expenses as provided in
s.112.061.
(i)A construction permit may not be issued for an onsite sewage treatment and disposal system
in any area zoned or used for industrial or manufacturing purposes, or its equivalent, where a
publicly owned or investor-owned sewage treatment system is available, or where a likelihood
exists that the system will receive toxic, hazardous, or industrial waste. An existing onsite sewage
treatment and disposal system may be repaired if a publicly owned or investor-owned sewerage
system is not available within 500 feet of the building sewer stub-out and if system construction
and operation standards can be met. This paragraph does not require publicly owned or investor-
owned sewerage treatment systems to accept anything other than domestic wastewater.
1.A building located in an area zoned or used for industrial or manufacturing purposes, or its
equivalent, when such building is served by an onsite sewage treatment and disposal system, must
not be occupied until the owner or tenant has obtained written approval from the department. The
department shall not grant approval when the proposed use of the system is to dispose of toxic,
hazardous, or industrial wastewater or toxic or hazardous chemicals.
2.Each person who owns or operates a business or facility in an area zoned or used for
industrial or manufacturing purposes, or its equivalent, or who owns or operates a business that has
the potential to generate toxic, hazardous, or industrial wastewater or toxic or hazardous
chemicals, and uses an onsite sewage treatment and disposal system that is installed on or after
July 5, 1989, must obtain an annual system operating permit from the department. A person who
owns or operates a business that uses an onsite sewage treatment and disposal system that was
installed and approved before July 5, 1989, need not obtain a system operating permit. However,
upon change of ownership or tenancy, the new owner or operator must notify the department of
the change, and the new owner or operator must obtain an annual system operating permit,
regardless of the date that the system was installed or approved.
3.The department shall periodically review and evaluate the continued use of onsite sewage
treatment and disposal systems in areas zoned or used for industrial or manufacturing purposes, or
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its equivalent, and may require the collection and analyses of samples from within and around such
systems. If the department finds that toxic or hazardous chemicals or toxic, hazardous, or
industrial wastewater have been or are being disposed of through an onsite sewage treatment and
disposal system, the department shall initiate enforcement actions against the owner or tenant to
ensure adequate cleanup, treatment, and disposal.
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(j)An onsite sewage treatment and disposal system designed by a professional engineer
registered in the state and certified by such engineer as complying with performance criteria
adopted by the department must be approved by the department subject to the following:
1.The performance criteria applicable to engineer-designed systems must be limited to those
necessary to ensure that such systems do not adversely affect the public health or significantly
degrade the groundwater or surface water. Such performance criteria shall include consideration of
the quality of system effluent, the proposed total sewage flow per acre, wastewater treatment
capabilities of the natural or replaced soil, water quality classification of the potential surface-
water-receiving body, and the structural and maintenance viability of the system for the treatment
of domestic wastewater. However, performance criteria shall address only the performance of a
system and not a system’s design.
2.A person electing to utilize an engineer-designed system shall, upon completion of the
system design, submit such design, certified by a registered professional engineer, to the county
health department. The county health department may utilize an outside consultant to review the
engineer-designed system, with the actual cost of such review to be borne by the applicant. Within
5 working days after receiving an engineer-designed system permit application, the county health
department shall request additional information if the application is not complete. Within 15
working days after receiving a complete application for an engineer-designed system, the county
health department either shall issue the permit or, if it determines that the system does not
comply with the performance criteria, shall notify the applicant of that determination and refer
the application to the department for a determination as to whether the system should be
approved, disapproved, or approved with modification. The department engineer’s determination
shall prevail over the action of the county health department. The applicant shall be notified in
writing of the department’s determination and of the applicant’s rights to pursue a variance or
seek review under the provisions of chapter 120.
3.The owner of an engineer-designed performance-based system must maintain a current
maintenance service agreement with a maintenance entity permitted by the department. The
maintenance entity shall inspect each system at least twice each year and shall report quarterly to
the department on the number of systems inspected and serviced. The reports may be submitted
electronically.
4.The property owner of an owner-occupied, single-family residence may be approved and
permitted by the department as a maintenance entity for his or her own performance-based
treatment system upon written certification from the system manufacturer’s approved
representative that the property owner has received training on the proper installation and service
of the system. The maintenance service agreement must conspicuously disclose that the property
owner has the right to maintain his or her own system and is exempt from contractor registration
requirements for performing construction, maintenance, or repairs on the system but is subject to
all permitting requirements.
5.The property owner shall obtain a biennial system operating permit from the department for
each system. The department shall inspect the system at least annually, or on such periodic basis
as the fee collected permits, and may collect system-effluent samples if appropriate to determine
compliance with the performance criteria. The fee for the biennial operating permit shall be
collected beginning with the second year of system operation.
6.If an engineer-designed system fails to properly function or fails to meet performance
standards, the system shall be re-engineered, if necessary, to bring the system into compliance
with the provisions of this section.
(k)An innovative system may be approved in conjunction with an engineer-designed site-
specific system which is certified by the engineer to meet the performance-based criteria adopted
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by the department.
(l)For the Florida Keys, the department shall adopt a special rule for the construction,
installation, modification, operation, repair, maintenance, and performance of onsite sewage
treatment and disposal systems which considers the unique soil conditions and water table
elevations, densities, and setback requirements. On lots where a setback distance of 75 feet from
surface waters, saltmarsh, and buttonwood association habitat areas cannot be met, an injection
well, approved and permitted by the department, may be used for disposal of effluent from onsite
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sewage treatment and disposal systems. The following additional requirements apply to onsite
sewage treatment and disposal systems in Monroe County:
1.The county, each municipality, and those special districts established for the purpose of the
collection, transmission, treatment, or disposal of sewage shall ensure, in accordance with the
specific schedules adopted by the Administration Commission under s.380.0552, the completion of
onsite sewage treatment and disposal system upgrades to meet the requirements of this paragraph.
2.Onsite sewage treatment and disposal systems must cease discharge by December 31, 2015,
or must comply with department rules and provide the level of treatment which, on a permitted
annual average basis, produces an effluent that contains no more than the following
concentrations:
a.Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
b.Suspended Solids of 10 mg/l.
c.Total Nitrogen, expressed as N, of 10 mg/l or a reduction in nitrogen of at least 70 percent.
A system that has been tested and certified to reduce nitrogen concentrations by at least 70
percent shall be deemed to be in compliance with this standard.
d.Total Phosphorus, expressed as P, of 1 mg/l.
In addition, onsite sewage treatment and disposal systems discharging to an injection well must
provide basic disinfection as defined by department rule.
3.In areas not scheduled to be served by a central sewer, onsite sewage treatment and
disposal systems must, by December 31, 2015, comply with department rules and provide the level
of treatment described in subparagraph 2.
4.In areas scheduled to be served by central sewer by December 31, 2015, if the property
owner has paid a connection fee or assessment for connection to the central sewer system, the
property owner may install a holding tank with a high water alarm or an onsite sewage treatment
and disposal system that meets the following minimum standards:
a.The existing tanks must be pumped and inspected and certified as being watertight and free
of defects in accordance with department rule; and
b.A sand-lined drainfield or injection well in accordance with department rule must be
installed.
5.Onsite sewage treatment and disposal systems must be monitored for total nitrogen and total
phosphorus concentrations as required by department rule.
6.The department shall enforce proper installation, operation, and maintenance of onsite
sewage treatment and disposal systems pursuant to this chapter, including ensuring that the
appropriate level of treatment described in subparagraph 2. is met.
7.The authority of a local government, including a special district, to mandate connection of
an onsite sewage treatment and disposal system is governed by s. 4, chapter 99-395, Laws of
Florida.
8.Notwithstanding any other provision of law, an onsite sewage treatment and disposal system
installed after July 1, 2010, in unincorporated Monroe County, excluding special wastewater
districts, that complies with the standards in subparagraph 2. is not required to connect to a
central sewer system until December 31, 2020.
(m)No product sold in the state for use in onsite sewage treatment and disposal systems may
contain any substance in concentrations or amounts that would interfere with or prevent the
successful operation of such system,or that would cause discharges from such systems to violate
applicable water quality standards. The department shall publish criteria for products known or
expected to meet the conditions of this paragraph. In the event a product does not meet such
criteria, such product may be sold if the manufacturer satisfactorily demonstrates to the
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department that the conditions of this paragraph are met.
(n)Evaluations for determining the seasonal high-water table elevations or the suitability of
soils for the use of a new onsite sewage treatment and disposal system shall be performed by
department personnel, professional engineers registered in the state, or such other persons with
expertise, as defined by rule, in making such evaluations. Evaluations for determining mean annual
flood lines shall be performed by those persons identified in paragraph (2)(j). The department shall
accept evaluations submitted by professional engineers and such other persons as meet the
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expertise established by this section or by rule unless the department has a reasonable scientific
basis for questioning the accuracy or completeness of the evaluation.
(o)The department shall appoint a research review and advisory committee, which shall meet
at least semiannually. The committee shall advise the department on directions for new research,
review and rank proposals for research contracts, and review draft research reports and make
comments. The committee is comprised of:
1.A representative of the State Surgeon General, or his or her designee.
2.A representative from the septic tank industry.
3.A representative from the home building industry.
4.A representative from an environmental interest group.
5.A representative from the State University System, from a department knowledgeable about
onsite sewage treatment and disposal systems.
6.A professional engineer registered in this state who has work experience in onsite sewage
treatment and disposal systems.
7.A representative from local government who is knowledgeable about domestic wastewater
treatment.
8.A representative from the real estate profession.
9.A representative from the restaurant industry.
10.A consumer.
Members shall be appointed for a term of 3 years, with the appointments being staggered so that the
terms of no more thanfour members expire in any one year. Members shall serve without
remuneration, but are entitled to reimbursement for per diem and travel expenses as provided in
s.112.061.
(p)An application for an onsite sewage treatment and disposal system permit shall be
completed in full, signed by the owner or the owner’s authorized representative, or by a
contractor licensed under chapter 489, and shall be accompanied by all required exhibits and fees.
No specific documentation of property ownership shall be required as a prerequisite to the review
of an application or the issuance of a permit. The issuance of a permit does not constitute
determination by the department of property ownership.
(q)The department may not require any form of subdivision analysis of property by an owner,
developer, or subdivider prior to submission of an application for an onsite sewage treatment and
disposal system.
(r)Nothing in this section limits the power of a municipality or county to enforce other laws for
the protection of the public health and safety.
(s)In the siting of onsite sewage treatment and disposal systems, including drainfields,
shoulders, and slopes, guttering shall not be required on single-family residential dwelling units for
systems located greater than 5 feet from the roof drip line of the house. If guttering is used on
residential dwelling units, the downspouts shall be directed away from the drainfield.
(t)Notwithstanding the provisions of subparagraph (g)1., onsite sewage treatment and disposal
systems located in floodways of the Suwannee and Aucilla Rivers must adhere to the following
requirements:
1.The absorption surface of the drainfield shall not be subject to flooding based on 10-year
flood elevations. Provided, however, for lots or parcels created by the subdivision of land in
accordance with applicable local government regulations prior to January 17, 1990, if an applicant
cannot construct a drainfield system with the absorption surface of the drainfield at an elevation
equal to or above 10-year flood elevation, the department shall issue a permit for an onsite sewage
treatment and disposal system within the 10-year floodplain of rivers, streams, and other bodies of
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flowing water if all of the following criteria are met:
a.The lot is at least one-half acre in size;
b.The bottom of the drainfield is at least 36 inches above the 2-year flood elevation; and
c.The applicant installs either: a waterless, incinerating, or organic waste composting toilet
and a graywater system and drainfield in accordance with department rules; an aerobic treatment
unit and drainfield in accordance with department rules; a system approved by the State Health
Office that is capable of reducing effluent nitrate by at least 50 percent; or a system approved by
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the county health department pursuant to department rule other than a system using alternative
drainfield materials. The United States Department of Agriculture Soil Conservation Service soil
maps, State of Florida Water Management District data, and Federal Emergency Management
Agency Flood Insurance maps are resources that shall be used to identify flood-prone areas.
2.The use of fill or mounding to elevate a drainfield system out of the 10-year floodplain of
rivers, streams, or other bodies of flowing water shall not be permitted if such a system lies within
a regulatory floodway of the Suwannee and Aucilla Rivers. In cases where the 10-year flood
elevation does not coincide with the boundaries of the regulatory floodway, the regulatory
floodway will be considered for the purposes of this subsection to extend at a minimum to the 10-
year flood elevation.
(u)1.The owner of an aerobic treatment unit system shall maintain a current maintenance
service agreement with an aerobic treatment unit maintenance entity permitted by the
department. The maintenance entity shall inspect each aerobic treatment unit system at least
twice each year and shall report quarterly to the department on the number of aerobic treatment
unit systems inspected and serviced. The reports may be submitted electronically.
2.The property owner of an owner-occupied, single-family residence may be approved and
permitted by the department as a maintenance entity for his or her own aerobic treatment unit
system upon written certification from the system manufacturer’s approved representative that
the property owner has received training on the proper installation and service of the system. The
maintenance entity service agreement must conspicuously disclose that the property owner has the
right to maintain his or her own system and is exempt from contractor registration requirements
for performing construction, maintenance, or repairs on the system but is subject to all permitting
requirements.
3.A septic tank contractor licensed under part III of chapter 489, if approved by the
manufacturer, may not be denied access by the manufacturer to aerobic treatment unit system
training or spare parts for maintenance entities. After the original warranty period, component
parts for an aerobic treatment unit system may be replaced with parts that meet manufacturer’s
specifications but are manufactured by others. The maintenance entity shall maintain
documentation of the substitute part’s equivalency for 2 years and shall provide such
documentation to the department upon request.
4.The owner of an aerobic treatment unit system shall obtain a system operating permit from
the department and allow the department to inspect during reasonable hours each aerobic
treatment unit system at least annually, and such inspection may include collection and analysis of
system-effluent samples for performance criteria established by rule of thedepartment.
(v)The department may require the submission of detailed system construction plans that are
prepared by a professional engineer registered in this state. The department shall establish by rule
criteria for determining when such a submission is required.
(w)Any permit issued and approved by the department for the installation, modification, or
repair of an onsite sewage treatment and disposal system shall transfer with the title to the
property in a real estate transaction. A title may not be encumbered at the time of transfer by new
permit requirements by a governmental entity for an onsite sewage treatment and disposal system
which differ from the permitting requirements in effect at the time the system was permitted,
modified, or repaired. An inspection of a system may not be mandated by a governmental entity at
the point of sale in a real estate transaction. This paragraph does not affect a septic tank phase-
out deferral program implemented by a consolidated government as defined in s. 9, Art. VIII of the
State Constitution (1885).
(x)A governmental entity, including a municipality, county, or statutorily created commission,
may not require an engineer-designed performance-based treatment system, excluding a passive
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engineer-designed performance-based treatment system, before the completion of the Florida
Onsite Sewage Nitrogen Reduction Strategies Project. This paragraph does not apply to a
governmental entity, including a municipality, county, or statutorily created commission, which
adopted a local law, ordinance, or regulation on or before January 31, 2012. Notwithstanding this
paragraph, an engineer-designed performance-based treatment system may be used to meet the
requirements of the variance review and advisory committee recommendations.
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(y)1.An onsite sewage treatment and disposal system is not considered abandoned if the
system is disconnected from a structure that was made unusable or destroyed following a disaster
and if the system was properly functioning at the time of disconnection and was not adversely
affected by the disaster. The onsite sewage treatment and disposal system may be reconnected to
a rebuilt structure if:
a.The reconnection of the system is to the same type of structure which contains the same
number of bedrooms or fewer, if the square footage of the structure is less than or equal to 110
percent of the original square footage of the structure that existed before the disaster;
b.The system is not a sanitary nuisance; and
c.The system has not been altered without prior authorization.
2.An onsite sewage treatment and disposal system that serves a property that is foreclosed
upon is not considered abandoned.
(z)If an onsite sewage treatment and disposal system permittee receives, relies upon, and
undertakesconstruction of a system based upon a validly issued construction permit under rules
applicable at the time of construction but a change to a rule occurs within 5 years after the
approval of the system for construction but before the final approval of thesystem, the rules
applicable and in effect at the time of construction approval apply at the time of final approval if
fundamental site conditions have not changed between the time of construction approval and final
approval.
(aa)An existing-system inspection or evaluation and assessment, or a modification,
replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a
remodeling addition or modification to a single-family home if a bedroom is not added. However, a
remodeling addition or modification to a single-family home may not cover any part of the existing
system or encroach upon a required setback or the unobstructed area. To determine if a setback or
the unobstructed area is impacted, the local health department shall review and verify a floor plan
and site plan of the proposed remodeling addition or modification to the home submitted by a
remodeler which shows the location of the system, including the distance of the remodeling
addition or modification to the home from the onsite sewage treatment and disposal system. The
local health department may visit the site or otherwise determine the best means of verifying the
information submitted. A verification of the location of a system is not an inspection or evaluation
and assessment of the system. The review and verification must be completed within 7 business
days after receipt by the local health department of a floor plan and site plan. If the review and
verification is not completed within such time, the remodeling addition or modification to the
single-family home, for the purposes of this paragraph, is approved.
(5)ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
(a)Department personnel who have reason to believe noncompliance exists, may at any
reasonable time, enter the premises permitted under ss.381.0065-381.0066, or the business
premises of any septic tank contractor or master septic tank contractor registered under part III of
chapter 489, or any premises that the department has reason to believe is being operated or
maintained not in compliance, to determine compliance with the provisions of this section, part I
of chapter 386, or part III of chapter 489 or rules or standards adopted under ss.381.0065-
381.0067, part I of chapter 386, or part III of chapter 489. As used in this paragraph, the term
“premises” does not include a residence or private building. To gain entry to a residence or private
building, the department must obtain permission from the owner or occupant or secure an
inspection warrant from a court of competent jurisdiction.
(b)1.The department may issue citations that may contain an order of correction or an order to
pay a fine, or both, for violations of ss.381.0065-381.0067, part I of chapter 386, or part III of
chapter 489 or the rules adopted by the department, when a violation of these sections or rules is
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enforceable by an administrative or civil remedy, or when a violation of these sections or rules is a
misdemeanor of the second degree. A citation issued under ss.381.0065-381.0067, part I of
chapter 386, or part III of chapter 489 constitutes a notice of proposed agency action.
2.A citation must be in writing and must describe the particular nature of the violation,
including specific reference to the provisions of law or rule allegedly violated.
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3.The fines imposed by a citation issued by the department may not exceed $500 for each
violation. Each day the violation exists constitutes a separate violation for which a citation may be
issued.
4.The department shallinform the recipient, by written notice pursuant to
ss.120.569and120.57, of the right to an administrative hearing to contest the citation within 21
days after the date the citation is received. The citation must contain a conspicuous statement
that if the recipient fails to pay the fine within the time allowed, or fails to appear to contest the
citation after having requested a hearing, the recipient has waived the recipient’s right to contest
the citation and must pay an amount up to the maximum fine.
5.The department may reduce or waive the fine imposed by the citation. In determining
whether to reduce or waive the fine, the department must consider the gravity of the violation,
the person’s attempts at correcting the violation, and the person’s history of previous violations
including violations for which enforcement actions were taken under ss.381.0065-381.0067, part I
of chapter 386, part III of chapter489, or other provisions of law or rule.
6.Any person who willfully refuses to sign and accept a citation issued by the department
commits a misdemeanor of the second degree, punishable as provided in s.775.082or s.775.083.
7.The department, pursuant to ss.381.0065-381.0067, part I of chapter 386, or part III of
chapter 489, shall deposit any fines it collects in the county health department trust fund for use in
providing services specified in those sections.
8.This section provides an alternative means of enforcing ss.381.0065-381.0067, part I of
chapter 386, and part III of chapter 489. This section does not prohibit the department from
enforcing ss.381.0065-381.0067, part I of chapter 386, or part III of chapter 489, or its rules, by
any other means. However, the department must elect to use only a single method of enforcement
for each violation.
(6)LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective January 1, 2016, the land
application of septage from onsite sewage treatment and disposal systems is prohibited.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 75-145; s. 72, ch. 77-147; s. 1, ch. 77-174; ss. 1, 2, ch. 77-308;
s. 1, ch. 78-430; s. 1, ch. 79-45; s. 1, ch. 82-10; s. 37, ch. 83-218; ss. 43, 46, ch. 83-310; s. 1, ch.
84-119; s. 4, ch. 85-314; s. 5, ch. 86-220; s. 14, ch.89-324; s. 26, ch. 91-297; ss. 1, 10, 11, ch. 93-
151; s. 40, ch. 94-218; s. 352, ch. 94-356; s. 1033, ch. 95-148; ss. 1, 3, ch. 96-303; s. 116, ch. 96-
410; s. 181, ch. 97-101; s. 21, ch. 97-237; s. 7, ch. 98-151; s. 2, ch. 98-420; s. 192, ch. 99-13; ss. 1,
7, ch. 99-395; s. 10, ch. 2000-242; s. 19, ch. 2001-62; s. 1, ch. 2001-234; s. 7, ch. 2004-350; s. 48,
ch. 2005-2; s. 4, ch. 2006-68; s. 1, ch. 2008-215; s. 19, ch. 2008-240; s. 35, ch. 2010-205; s. 1, ch.
2010-283; s. 28, ch. 2011-4; s. 3, ch. 2012-13; s. 32, ch. 2012-184; s. 67, ch. 2013-15; s. 1, ch.
2013-79; s. 7, ch. 2013-193; s. 10, ch. 2013-213; ss. 50, 51, ch. 2015-222.
Note.—Former s. 381.272.
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Title XXIXView Entire Chapter
Chapter 403
PUBLIC HEALTH
ENVIRONMENTAL CONTROL
403.086Sewage disposal facilities; advanced and secondary waste treatment.—
(1)(a)Neither the Department of Health nor any other state agency, county, special district, or
municipality shall approve construction of any facilities for sanitary sewage disposal which do not
provide for secondary waste treatment and, in addition thereto, advanced waste treatment as
deemed necessary and ordered by the department.
(b)No facilities for sanitary sewage disposal constructed after June 14, 1978, shall dispose of
any wastes by deep well injection without providing for secondarywaste treatment and, in
addition thereto, advanced waste treatment deemed necessary by the department to protect
adequately the beneficial use of the receiving waters.
(c)Notwithstanding any other provisions of this chapter or chapter 373, facilities forsanitary
sewage disposal may not dispose of any wastes into Old Tampa Bay, Tampa Bay, Hillsborough Bay,
Boca Ciega Bay, St. Joseph Sound, Clearwater Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay,
Lemon Bay, or Charlotte Harbor Bay, or into any river, stream, channel, canal, bay, bayou, sound,
or other water tributary thereto, without providing advanced waste treatment, as defined in
subsection (4), approved by the department. This paragraph shall not apply to facilities which were
permitted by February 1, 1987, and which discharge secondary treated effluent, followed by water
hyacinth treatment, to tributaries of tributaries of the named waters; or to facilities permitted to
discharge to the nontidally influenced portions of the Peace River.
(2)Any facilities for sanitary sewage disposal shall provide for secondary waste treatment and,
in addition thereto, advanced waste treatment as deemed necessary and ordered by the
Department of Environmental Protection. Failure to conform shall be punishable by acivil penalty
of $500 for each 24-hour day or fraction thereof that such failure is allowed to continue thereafter.
(3)This section shall not be construed to prohibit or regulate septic tanks or other means of
individual waste disposal which are otherwise subject to state regulation.
(4)For purposes of this section, the term “advanced waste treatment” means that treatment
which will provide a reclaimed water product that:
(a)Contains not more, on a permitted annual average basis, than the following concentrations:
1.Biochemical Oxygen Demand
(CBOD5)..........5mg/l
2.Suspended Solids..........5mg/l
3.Total Nitrogen, expressed as N..........3mg/l
4.Total Phosphorus, expressed as P..........1mg/l
(b)Has received high level disinfection, as defined by rule of the department.
In those waters where the concentrations of phosphorus have been shown not to be a limiting nutrient
or a contaminant, the department may waive or alter the compliance levels for phosphorus until
there is a demonstration thatphosphorus is a limiting nutrient or a contaminant.
(5)(a)Notwithstanding any other provisions of this chapter or chapter 373, when a reclaimed
water product has been established to be in compliance with the standards set forth in subsection
(4), that water shall be presumed to be allowable, and its discharge shall be permitted in the
waters described in paragraph (1)(c) at a reasonably accessible point where such discharge results
in minimal negative impact. This presumption may be overcome only by a demonstration that one
or more of the following would occur:
1.That the discharge of reclaimed water that meets the standards set forth in subsection (4)
will be, by itself, a cause of considerable degradation to an Outstanding Florida Water or to other
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waters and is not clearly in the public interest.
2.That the reclaimed water discharge will have a substantial negative impact on an approved
shellfish harvesting area or a water used as a public domestic water supply.
3.That the increased volume of fresh water contributed by the reclaimed water product will
seriously alter the natural fresh-salt water balance of the receiving water after reasonable
opportunity for mixing.
(b)If one or more of the conditions described in subparagraphs (a)1.-3. have been
demonstrated, remedies may include, but are not limited to, the following:
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1.Require more stringent effluent limitations;
2.Order the point or method of discharge changed;
3.Limit the duration or volume of the discharge; or
4.Prohibit the discharge only if no other alternative is in the public interest.
(6)Any facility covered in paragraph (1)(c) shall be permitted to discharge if it meets the
standards set forth in subsections (4) and (5). All of the facilities covered in paragraph (1)(c) shall
be required to meet the standards set forth in subsections (4) and (5).
(7)(a)The department shall allow backup discharges pursuant to permit only. The backup
discharge shall be limited to 30 percent of the permitted reuse capacity on an annual basis. For
purposes of this subsection, a “backup discharge” is a surface water discharge that occurs as part
of a functioning reuse system which has been permitted under department rules and which
provides reclaimed water for irrigation of public access areas, residential properties, or edible food
crops, or for industrial cooling or other acceptable reuse purposes. Backup discharges may occur
during periods of reduced demand for reclaimed water in the reuse system.
(b)Notwithstanding any other provisions of this chapter or chapter 373, backup discharges of
reclaimed water meeting the standards as set forth in subsection (4) shall be presumed to be
allowable and shall be permitted in all waters in the state at a reasonably accessible point where
such discharge results in minimal negative impact. Wet weather discharges as provided in s.
2(3)(c), chapter 90-262, Laws of Florida, shall include backup discharges as provided in this
section. The presumption of the allowability of a backup discharge may be overcome only by a
demonstration that one or more of the following conditions is present:
1.The discharge will be to an Outstanding Florida Water, except as provided in chapter 90-262,
Laws of Florida;
2.The discharge will be to Class I or Class II waters;
3.The increased volume of fresh water contributed by a backup discharge will seriously alter
the natural freshwater to saltwater balance of receiving waters after reasonable opportunity for
mixing;
4.The discharge will be to a water body having a pollutant load reduction goal established by a
water management district or the department, and the discharge will cause or contribute to a
violation of the established goal;
5.The discharge fails to meet the requirements of the antidegradation policy contained in
department rules; or
6.The discharge will be to waters that the department determines require more stringent
nutrient limits than those set forth in subsection (4).
(c)Any backup discharge shall be subject to the provisions of the antidegradation policy
contained in department rules.
(d)If one or more of the conditions described in paragraph (b) have been demonstrated, a
backup discharge may still be allowed in conjunction with one or more of the remedies provided in
paragraph (5)(b) or other suitable measures.
(e)Thedepartment shall allow lower levels of treatment of reclaimed water if the applicant
affirmatively demonstrates that water quality standards will be met during periods of backup
discharge and if all other requirements of this subsection are met.
(8)The department may require backflow prevention devices on potable water lines within
reclaimed water service areas to protect public health and safety. The department shall establish
rules that determine when backflow prevention devices on potable water lines are necessary and
when such devices are not necessary.
(9)The Legislature finds that the discharge of domestic wastewater through ocean outfalls
wastes valuable water supplies that should be reclaimed for beneficial purposes to meet public and
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natural systems demands. The Legislature also finds that discharge of domestic wastewater through
ocean outfalls compromises the coastal environment, quality of life, and local economies that
depend on those resources. The Legislature declares that more stringent treatment and
management requirements for such domestic wastewater and the subsequent, timely elimination
of ocean outfalls as a primary means of domestic wastewater discharge are in the public interest.
(a)The construction of new ocean outfalls for domestic wastewater discharge and the
expansion of existing ocean outfalls for this purpose, along with associated pumping and piping
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systems, are prohibited. Each domestic wastewater ocean outfall shall be limited to the discharge
capacity specified in the department permit authorizing the outfall in effect on July 1, 2008, which
discharge capacity shall not be increased. Maintenance of existing, department-authorized
domestic wastewater ocean outfalls and associated pumping and piping systems is allowed, subject
to the requirements of this section. The department is directed to work with the United States
Environmental Protection Agency to ensure that the requirements of this subsection are
implemented consistently for all domestic wastewater facilities in the state which discharge
through ocean outfalls.
(b)The discharge of domestic wastewater through ocean outfalls must meet advanced
wastewater treatment and management requirements by December 31, 2018. For purposes of this
subsection, the term “advanced wastewater treatment and management requirements” means the
advanced waste treatment requirements set forth in subsection (4), a reduction in outfall baseline
loadings of total nitrogen and total phosphorus which is equivalent to that which would be
achieved by the advanced waste treatment requirements in subsection (4), or a reduction in
cumulative outfall loadings of total nitrogen and total phosphorus occurring between December 31,
2008, and December 31, 2025, which is equivalent to that which would be achieved if the advanced
waste treatment requirements in subsection (4) were fully implemented beginning December 31,
2018, and continued through December 31, 2025. The department shall establish the average
baseline loadings of total nitrogen and total phosphorus for each outfall using monitoring data
available for calendar years 2003 through 2007 and establish required loading reductions based on
this baseline. The baseline loadings and required loading reductions of total nitrogen and total
phosphorus shall be expressed as an average annual daily loading value. The advanced wastewater
treatment and management requirements of this paragraph are deemed met for any domestic
wastewater facility discharging through an ocean outfall on July 1, 2008, which has installed by
December 31, 2018, a fully operational reuse system comprising 100 percent of the facility’s
baseline flow on an annual basis for reuse activities authorized by the department.
(c)1.Each utility that had a permit for a domestic wastewater facility thatdischarged through
an ocean outfall on July 1, 2008, must install, or cause to be installed, a functioning reuse system
within the utility’s service area or, by contract with another utility, within Miami-Dade County,
Broward County, or Palm Beach County by December 31, 2025. For purposes of this subsection, a
“functioning reuse system” means an environmentally, economically, and technically feasible
system that provides a minimum of 60 percent of a facility’s baseline flow on an annual basis for
irrigation of public access areas, residential properties, or agricultural crops; aquifer recharge;
groundwater recharge; industrial cooling; or other acceptable reuse purposes authorized by the
department. For purposes of this subsection, the term “baseline flow” means the annual average
flow of domestic wastewater discharging through the facility’s ocean outfall, as determined by the
department, using monitoring data available for calendar years 2003 through 2007.
2.Flows diverted from facilities to other facilities that provide 100 percent reuse of the
diverted flows before December 31, 2025, are considered to contribute to meeting the reuse
requirement. For utilities operating more than one outfall, the reuse requirement may be
apportioned between the facilitiesserved by the outfalls, including flows diverted to other
facilities for 100 percent reuse before December 31, 2025. Utilities that shared a common ocean
outfall for the discharge of domestic wastewater on July 1, 2008, regardless of which utility
operates the ocean outfall, are individually responsible for meeting the reuse requirement and may
enter into binding agreements to share or transfer such responsibility among the utilities. If
treatment in addition to the advanced wastewater treatment and management requirements
described in paragraph (b) is needed to support a functioning reuse system, the treatment must be
fully operational by December 31, 2025.
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3.If a facility that discharges through an ocean outfall contracts with another utility to install a
functioning reuse system, the department must approve any apportionment of the reuse generated
from the new or expanded reuse system that is intended to satisfy all or a portion of the reuse
requirements pursuant to subparagraph 1. If a contract is between two utilities that have reuse
requirements pursuant to subparagraph 1., the reuse apportioned to each utility’s requirement
may not exceed the total reuse generated by the new or expanded reuse system. A utility shall
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provide the department a copy of any contract with another utility that reflects an agreement
between the utilities which is subject to the requirements of this subparagraph.
(d)The discharge of domestic wastewater through ocean outfalls is prohibited after December
31, 2025, except as a backup discharge that is part of a functioning reuse system or other
wastewater management system authorized by the department. Except as otherwise provided in
this subsection, a backup discharge may occur only during periods of reduced demand for
reclaimedwater in the reuse system, such as periods of wet weather, or as the result of peak flows
from other wastewater management systems, and must comply with the advanced wastewater
treatment and management requirements of paragraph (b). Peak flow backup discharges from
other wastewater management systems may not cumulatively exceed 5 percent of a facility’s
baseline flow, measured as a 5-year rolling average, and are subject to applicable secondary waste
treatment and water-quality-based effluent limitations specified in department rules. If peak flow
backup discharges are in compliance with the effluent limitations, the discharges are deemed to
meet the advanced wastewater treatment and management requirements of this subsection.
(e)The holder of a departmentpermit authorizing the discharge of domestic wastewater
through an ocean outfall as of July 1, 2008, shall submit the following to the secretary of the
department:
1.A detailed plan to meet the requirements of this subsection, including the identification of
the technical, environmental, and economic feasibility of various reuse options; the identification
of each land acquisition and facility necessary to provide for reuse of the domestic wastewater; an
analysis of the costs to meet the requirements, including the level of treatment necessary to
satisfy state water quality requirements and local water quality considerations and a cost
comparison of reuse using flows from ocean outfalls and flows from other domestic wastewater
sources; and a financing planfor meeting the requirements, including identifying any actions
necessary to implement the financing plan, such as bond issuance or other borrowing, assessments,
rate increases, fees, other charges, or other financing mechanisms. The plan must evaluate reuse
demand in the context of future regional water supply demands, the availability of traditional
water supplies, the need for development of alternative water supplies, the degree to which
various reuse options offset potable water supplies, and other factors considered in the Lower East
Coast Regional Water Supply Plan of the South Florida Water Management District. The plan must
include a detailed schedule for the completion of all necessary actions and be accompanied by
supporting data and other documentation. The plan must be submitted by July 1, 2013.
2.By July 1, 2016, an update of the plan required in subparagraph 1. documenting any
refinements or changes in the costs, actions, or financing necessary to eliminate the ocean outfall
discharge in accordance with this subsection or a written statement that the plan is current and
accurate.
(f)By December 31, 2009, and by December 31 every 5 years thereafter, the holder of a
department permit authorizing the discharge of domestic wastewater through an ocean outfall
shall submit to the secretary of the department a report summarizing the actions accomplished to
date and the actions remaining and proposed to meet the requirements of this subsection,
including progress toward meeting the specific deadlines set forth in paragraphs (b) through (e).
The report shall include the detailed schedule for and status of the evaluation of reuse and disposal
options, preparation of preliminary design reports, preparation and submittal of permit
applications, construction initiation, construction progress milestones, construction completion,
initiation of operation, and continuing operation and maintenance.
(g)By July 1, 2010, and by July 1 every 5 years thereafter, the department shall submit a
report to the Governor, the President of the Senate, and the Speaker of the House of
Representatives on the implementation of this subsection. In the report, the department shall
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summarize progress to date, including the increased amount of reclaimed water provided and
potable water offsets achieved, and identify any obstacles to continued progress, including all
instances of substantial noncompliance.
(h)The renewal of each permit that authorizes the discharge of domestic wastewater through
an ocean outfall as of July 1, 2008, must be accompanied by an order in accordance with
s.403.088(2)(e) and (f) which establishes an enforceablecompliance schedule consistent with the
requirements of this subsection.
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(i)An entity that diverts wastewater flow from a receiving facility that discharges domestic
wastewater through an ocean outfall must meet the reuse requirement of paragraph (c). Reuse by
the diverting entity of the diverted flows shall be credited to the diverting entity. The diverted
flow shall also be correspondingly deducted from the receiving facility’s baseline flow from which
the required reuse is calculated pursuant to paragraph (c), and the receiving facility’s reuse
requirement shall be recalculated accordingly.
The department, the South Florida Water Management District, and the affected utilities must
consider the information in the detailed plan in paragraph (e) for the purpose of adjusting, as
necessary, the reuse requirements of this subsection. The department shall submit a report to the
Legislature by February 15, 2015, containing recommendations for any changes necessary to the
requirements of this subsection.
(10)The Legislature finds that the discharge of inadequately treated and managed domestic
wastewater from dozens of small wastewater facilities and thousands of septic tanks and other
onsite systems in the Florida Keys compromises the quality of the coastal environment, including
nearshore and offshore waters, and threatens the quality of life and local economies that depend
on those resources. The Legislature also finds that the only practical and cost-effective way to
fundamentally improve wastewater managementin the Florida Keys is for the local governments in
Monroe County, including those special districts established for the purpose of collection,
transmission, treatment, or disposal of sewage, to timely complete the wastewater or sewage
treatment and disposal facilities initiated under the work program of Administration Commission
rule 28-20, Florida Administrative Code, and the Monroe County Sanitary Master Wastewater Plan,
dated June 2000. The Legislature therefore declares that the construction and operation of
comprehensive central wastewater systems in accordance with this subsection is in the public
interest. To give effect to those findings, the requirements of this subsection apply to all domestic
wastewater facilities in Monroe County, including privately owned facilities, unless otherwise
provided under this subsection.
(a)The discharge of domestic wastewater into surface waters is prohibited.
(b)Monroe County, each municipality, and those special districts established for the purpose of
collection, transmission, treatment, or disposal of sewage in Monroe County shall complete the
wastewater collection, treatment, and disposal facilities within its jurisdiction designated as hot
spots in the Monroe County Sanitary Master Wastewater Plan, dated June 2000, specifically listed in
Exhibits 6-1 through 6-3 of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F of the
plan. The required facilities and connections, and any additional facilities or other adjustments
required by rules adopted by the Administration Commission under s.380.0552, must be completed
by December 31, 2015, pursuantto specific schedules established by the commission. Domestic
wastewater facilities located outside local government and special district service areas must meet
the treatment and disposal requirements of this subsection by December 31, 2015.
(c)After December 31, 2015, all new or expanded domestic wastewater discharges must comply
with the treatment and disposal requirements of this subsection and department rules.
(d)Wastewater treatment facilities having design capacities:
1.Greater than or equal to 100,000 gallons per day must provide basic disinfection as defined
by department rule and the level of treatment which, on a permitted annual average basis,
produces an effluent that contains no more than the following concentrations:
a.Biochemical OxygenDemand (CBOD5) of 5 mg/l.
b.Suspended Solids of 5 mg/l.
c.Total Nitrogen, expressed as N, of 3 mg/l.
d.Total Phosphorus, expressed as P, of 1 mg/l.
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2.Less than 100,000 gallons per day must provide basic disinfection as defined by department
rule and the level of treatment which, on a permitted annual average basis, produces an effluent
that contains no more than the following concentrations:
a.Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
b.Suspended Solids of 10 mg/l.
c.Total Nitrogen, expressed asN, of 10 mg/l.
d.Total Phosphorus, expressed as P, of 1 mg/l.
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(e)Class V injection wells, as defined by department or Department of Health rule, must meet
the following requirements and otherwise comply with department or Department of Health rules,
asapplicable:
1.If the design capacity of the facility is less than 1 million gallons per day, the injection well
must be at least 90 feet deep and cased to a minimum depth of 60 feet or to such greater cased
depth and total well depth as may be required bydepartment rule.
2.Except as provided in subparagraph 3. for backup wells, if the design capacity of the facility
is equal to or greater than 1 million gallons per day, each primary injection well must be cased to a
minimum depth of 2,000 feet or to suchgreater depth as may be required by department rule.
3.If an injection well is used as a backup to a primary injection well, the following conditions
apply:
a.The backup well may be used only when the primary injection well is out of service because
of equipment failure, power failure, or the need for mechanical integrity testing or repair;
b.The backup well may not be used for more than a total of 500 hours during any 5-year period
unless specifically authorized in writing by the department;
c.The backup well must be at least 90 feet deep and cased to a minimum depth of 60 feet, or
to such greater cased depth and total well depth as may be required by department rule; and
d.Fluid injected into the backup well must meet the requirements of paragraph (d).
(f)The requirements of paragraphs (d) and (e) do not apply to:
1.Class I injection wells as defined by department rule, including any authorized mechanical
integrity tests;
2.Authorized mechanical integrity tests associated with Class V wells as defined by department
rule; or
3.The following types of reuse systems authorized by department rule:
a.Slow-rate land application systems;
b.Industrial uses of reclaimed water; and
c.Use of reclaimed water for toilet flushing, fire protection, vehicle washing, construction dust
control, and decorative water features.
However, disposal systems serving as backups to reuse systems must comply with the other provisions
of this subsection.
(g)For wastewater treatment facilities in operation as of July 1, 2010, which are located within
areas to be served by Monroe County, municipalities in Monroe County, or those special districts
established for the purpose of collection, transmission, treatment, or disposal of sewage but which
are owned by other entities, the requirements of paragraphs (d) and (e) do not apply until January
1, 2016. Wastewater operating permits issued pursuant to this chapter and in effect for these
facilities as of June 30, 2010, are extended until December 31, 2015, or until the facility is
connected to a local government central wastewater system, whichever occurs first. Wastewater
treatment facilities in operation after December 31, 2015, must comply with the treatment and
disposal requirements of this subsection and department rules.
(h)If it is demonstrated that a discharge, even if the discharge is otherwise in compliance with
this subsection, will cause or contribute to a violation of state water quality standards, the
department shall:
1.Require more stringent effluent limitations;
2.Order the point or method of discharge changed;
3.Limit the duration or volume of the discharge; or
4.Prohibit the discharge.
(i)All sewage treatment facilities must monitor effluent for total nitrogen and total phosphorus
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concentration as required by department rule.
(j)The department shall require the levels of operator certification and staffing necessary to
ensure proper operation and maintenance of sewage facilities.
(k)The department may adopt rules necessary to carry out this subsection.
(l)The authority of a local government, including a special district, to mandate connection of a
wastewater facility, as defined by department rule, is governed by s. 4, chapter 99-395, Laws of
Florida.
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History.—ss. 1, 2, 3, ch. 71-259; s. 2, ch. 71-137; s. 1, ch. 72-58; s. 271, ch. 77-147; s. 1, ch. 78-
206; s. 75, ch. 79-65; s. 1, ch. 80-371; s. 1, ch. 81-246; s. 262, ch. 81-259; s. 2, ch. 86-173; s. 1,
ch. 87-303; s. 71, ch. 93-213; s. 2, ch. 94-153; s. 361, ch. 94-356; s. 158, ch. 99-8; s. 25, ch. 2000-
153;s. 12, ch. 2000-211; s. 6, ch. 2008-232; s. 38, ch. 2010-205; s. 73, ch. 2013-15; s. 1, ch. 2013-
31.
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CHAPTER 28-18
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN –
CITY OF MARATHON
28-18.300Purpose and Effect
28-18.400Comprehensive Plan
28-18.300 Purpose and Effect.
Asprovided in Sections 380.05(10) and 380.0552(7), F.S., the Comprehensive Plan of the City of Marathon shall be superseded
by amendments which are proposed by Marathon and approved by the Department of Community Affairs pursuant to Sections
380.05(6) and 380.0552(9), F.S.
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28-18.400 Comprehensive Plan.
(1) The Comprehensive Plan of the City of Marathon, as the same exists on January 1, 2011, is hereby amended to read as
follows:
(2) Policy 1-3.5.18 Marathon Work Program Conditions and Objectives.
(a) The number of allocations issued annually for residential development under the Residential Building Permit Allocation
System (BPAS) shall not exceed a total annualunit cap of 30, plus any available unused BPAS allocations from a previous
year. Unused BPAS allocations may be retained and made available only for affordable housing and Administrative Relief
from BPAS year to BPAS year. Unused market rate allocations shall be available for Administrative Relief. Any unused
affordable allocations will roll over to affordable housing. This BPAS allocation represents the total number of allocations for
development that may be issued during a year. A BPAS year means the twelve-month period beginning on July 13. Policy 1-
3.5.18 supersedes Policy 1-3.5.2 of the City of Marathon Comprehensive Plan.
(b) No exemptions or increases in the number of allocations may be allowed, other than that which may be expressly
provided for in the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable
housing between the Department and the local government in the critical areas.
(c) Through the Permit Allocation Systems, Marathon shall direct new growth and redevelopment to areas served by a
central sewer system by 2015 that has committed or planned funding sources. Committed or planned funding is funding that is
financially feasible and reflected in a Capital Improvements Element approved by the Department of Community Affairs. Prior
to the ranking and approval of awards for an allocation authorizing development of new principal structures. Marathon shall
coordinate with the central wastewater facility provider and shall increase an applicant’s score by four points for parcels served
by a collection line within a central wastewater facility service area where a central wastewater treatment facility has been
constructed that meets the treatment standards of Sections 381.0065(4)(l) and 403.086(10), F.S., and where treatment capacity
is available. The points shall only be awarded if a construction permit has been issued for the collection system and the parcel
lies within the service area of the wastewater treatment facility.
(3) Reporting and Oversight.
(a) Beginning November 30, 2011, Marathon and the Department of Community Affairs shall annually report to the
Administration Commission documenting the degree to which the work program objectives for the work program year have
been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine
whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that
progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.
(b) If the Commission determines that progress has been made for the work program year, then the Commission shall
restore the unit cap for residential development for the following year up to a maximum of 30 allocations per BPAS year.
(c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts
exist.
(d) Wastewater treatment and disposal in Marathon is governed by the requirements of Sections 381.0065(4)(l) and
403.086(10), F.S., as amended. Nothing in this rule shall be construed to limit the authority of the Department of Environmental
Protection or Department of Health to enforce Sections 381.0065(4)(1) and 403.086(10), F.S., as amended.Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
(4) Policy 1-2.2.4 Hurricane Modeling.
For hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency
Management Coordinator issues the evacuation order for the permanent population for a hurricane that is classified as a
Category 3-5 wind event or Category C-E surge event. The termination point shall be the intersection of U.S. Highway One
and the Florida Turnpike in Homestead/Florida City.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
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1. By July 1, 2011, Marathon shall adopt a Comprehensive Plan Policy to require that administrative relief in the form
of the issuance of a building permit is not allowed for lands within the Florida Forever targetedacquisition areas unless,
after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not
be purchased by any city, county, state or federal agency. Marathon shall develop a mechanism to routinely notify the
Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline
for administrative relief.
2. By July 1, 2011, Marathon shall adopt Land Development Regulations to require that administrative relief in the
form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas
unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel
will not be purchased by any city, county, state or federal agency.
3. By July 1, 2011, Marathon shall amend the Comprehensive Plan to limit allocations into high quality tropical
hardwood hammock.
4. By July 1, 2011, Marathon shall amend the Land Development Regulations to limit allocations into high quality
tropical hardwood hammock.
5. By July 1, 2011, Marathon shall adopt a Comprehensive Plan Policy discouraging private applications for future
land use map amendments which increase allowable density/intensity on lands in the Florida Keys.
6. By July 1, 2011, and each July thereafter, Marathon shall evaluate its land acquisition needs and state and federal
funding opportunities and apply annually to at least one state or federal land acquisition grant program.
7. By July 1, 2012, Marathon shall enter into a memorandum of understanding with the Department of Community
Affairs, Division of Emergency Management, Monroe County, Islamorada, Key West, Key Colony Beach, and Layton
after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall
stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional
considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department
of Community Affairs to accurately depict evacuation clearance times for the population of the Florida Keys.
8. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from
the memorandum of understanding. Marathon and the Department of Community Affairs shall update the data for the
Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information arereleased (such as the
Census, American Communities Survey, Bureau of Business and Economic Research, and other studies). The City shall
also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal
Report.
9. By December 1, 2012, Marathon shall complete an analysis of maximum build-out capacity for the Florida Keys
Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the
Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of
Community Affairs, Monroe County and each municipality in the Keys.
10. By December 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and
determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend
appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to
Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation
strategies that support the 24-hour hurricane evacuation clearance time. If necessary, the Department of Community Affairs
shall work with each local government to amend the respective Comprehensive Plans to reflect revised allocation rates and
distributions or propose rule making to the Administration Commission.
11. By July 1, 2013, based on the Department of Community Affairs’ recommendations, Marathon shall amend the
current building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based
on infrastructure availability, level of service standards, environmental carrying capacity, and hurricane evacuation
clearance time.
(b) Wastewater Implementation.
1. By July 1, 2011 and each July 1 thereafter, Marathon shall annually evaluate and allocate funding for wastewater
implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element of the
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Comprehensive Plan.
2. December 1, 2013, Marathon shall work with the owners of wastewater facilities and onsite systems throughout the
City and the Department of Environmental Protection (DEP) and the Department of Health (DOH) to fulfill the
requirements of Sections 381.0065(3)(h) and (4)(l) and 403.086(10), F.S., regarding implementation of wastewater
treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems
that will not meet 2015 treatment and disposal requirements.
3. By July 1, 2011, Marathon shall evaluate its wastewater needs and state and federal funding opportunities and apply
annually to at least one state or federal grant program for wastewater projects and connections.
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4. By July 1, 2011, Marathon shall continue to develop and implement local funding programs necessary to timely fund
wastewater construction and future operation, maintenance and replacement facilities.
5. By July 1, 2011 and each year through 2013, Marathon shall annually draft a resolution requesting the issuance of a
portion of the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for
those bonds, for the construction of wastewater projects within the Florida Keys.
6. By July 1, 2011, Marathon shall develop a mechanism to provide accurate and timely information and establish
Marathon’s annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds
authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and
conditions associated with bonds.
7. By December 1, 2012, Marathon shall provide a report of addresses and theproperty appraiser’s parcel numbers of any
property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County
Health Department and the Department of Community Affairs. This report shall describe the status of Marathon’s enforcement
action and provide the circumstances of why enforcement may or may not have been initiated.
(c) Wastewater Project Implementation.
1. Sub area 1: Knight’s Key.
a. By July 1, 2011, Marathon shall secure plant site;
b.By December 1, 2011, Marathon shall construct Knight’s Key Wastewater Plant;
c. By May 1, 2012, Marathon shall initiate connections; and
d. By July 1, 2012, Marathon shall complete connections (100%).
2. Sub area 2: Boot Key (non-service area).
By July 1,2011, Marathon shall ensure completion of upgrade.
3. Sub area 3: 11 Street –39 Street (Vaca Key West).
a. By July 1, 2011, Marathon shall complete construction of plant;
b. By July 1, 2011, Marathon shall complete construction of collection system;
c. By July 1, 2011, Marathon shall initiate connections; and
d. By July 1, 2012, Marathon shall complete connections (100%).
4. Sub area 4: Gulfside 39 Street (Vaca Key Central).
By July 1, 2013, Marathon shall complete connections (100%).
5. Sub area 5: Little Venice (60 Street –Vaca Cut East).
a. By July 1, 2012, Marathon shall complete construction of collection system;
b. By July 1, 2012, Marathon shall initiate connections for Phase II;
c. By July 1, 2013, Marathon shall complete connections (100%) for Phase II.
6. Sub area 6-Vaca Cut-Coco Plum (Fat Key Deer West).
By July 1, 2011, Marathon shall complete connections (100%).
7. Sub area 7: Tom Harbor Bridge-Grassy Key.
a. By July 1, 2012, Marathon shall complete construction of plant;
b. By July 1, 2012,Marathon shall bid and award design of collection system;
c. By July 1, 2012, Marathon shall construction of collection system;
d. By July 1, 2012, Marathon shall initiate connections; and
e. By July 1, 2013, Marathon shall complete connections (100%).
(d) Stormwater Treatment Facilities.
1. Beginning July 1, 2011 and each July 1 thereafter Marathon shall annually evaluate and allocate funding for stormwater
implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element of the
Comprehensive Plan.
2. Beginning July 1, 2011 and each July 1 thereafter, Marathon shall annually apply for stormwater grants from the South
Florida Water Management District.
3. Sub area 3: 11 Street –37 Street (Vaca Key West): By July1, 2011, complete Stormwater Treatment Facilities
simultaneously with wastewater projects, including the direct outfall retrofits for 27th Street and 24th Street.
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4. Sub area 5: Little Venice (60 Street –Vaca Cut East): By July 1, 2012, complete Stormwater Treatment Facilities
simultaneously with wastewater projects.
5. Sub area 7: Tom Harbor Bridge-Grassy Key: By July 1, 2012, complete Stormwater Treatment Facilities simultaneously
with wastewater projects.
6. By July 1, 2012, Marathon shall eliminate direct outfall retrofits for: 27th Street, Sombrero Islands, 24th Street, and
52nd Street.
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CHAPTER 28-19
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN,
ISLAMORADA, VILLAGE OF ISLANDS
28-19.100Purpose and Effect
28-19.200Comprehensive Plan (Repealed)
28-19.310Comprehensive Plan
28-19.100 Purpose and Effect.
(1) The purpose of this Chapter is to amend the Transitional Comprehensive Plan of Islamorada, Village of Islands, within
the Florida Keys Area of Critical State Concern, pursuant to Section 380.0552(9), F.S.
(2) In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth
in a separate rule section. If any provision of the comprehensive plan is amended by two rule sections, the latest amendment
shall control.
(3) As provided in Sections 380.05(10) and 380.0552(7), F.S., the Transitional Comprehensive Plan of the Village adopted
herein shall be superseded by amendments which are proposed by the Village and approved by the Department of Community
Affairs pursuant to Sections 380.05(6) and 380.0552(9), F.S. The Village Transitional Comprehensive Plan shall be superseded
by the new Village Comprehensive Plan upon approval by the Department of Community Affairs pursuant to Sections
380.05(6) and 380.0552(9), F.S.
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28-19.200 Comprehensive Plan.
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28-19.310 Comprehensive Plan.
(1) The Comprehensive Plan of Islamorada, Village of Islands, as the same exists on January 1, 2011, is hereby amended
to read as follows:
(2) Policy 1-3.1.1 Islamorada Work Program Conditions and Objectives.
(a) The number of permits issued annually for residential development under the Residential Building Permit Allocation
System (BPAS) shall not exceed a total annual unit cap of 22 market rate units and 6 affordable housing units, plus any available
unused BPAS allocations from the previous BPAS year. Unused BPAS allocations may be retained and made available only
for affordable housing and Administrative Relief from BPAS year to BPAS year. Unused market rate allocations shall be
available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. This BPAS
allocation represents the total number of allocations for development that may be issued during a year. A BPAS year means
the twelve-month period beginning on July 13.
(b) Beginning November 30, 2011, the Village and the Department of Community Affairs shall annually report to the
Administration Commission documenting the degree to which the work program objectives for the work program year have
been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine
whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that
progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.
(3) Policy 2-1. 2.10 Hurricane Modeling.
For hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency
Management Coordinator issues the evacuation order for the permanent population for a hurricane that is classified as a
Category 3-5 wind event or Category C-E surge event. The termination point shall be the intersection of U.S. Highway One
and the Florida Turnpike in Homestead/Florida City.
(4) Reporting and Oversight.
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
(a) Through the Permit Allocation Systems, Islamorada shall direct new growth and redevelopment to areas served by or
that would be served a central sewer system by December 2015, that has committed funding or planned funding sources.
Committed or planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved
by the Department of Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing
development of new principal structures, the Village of Islamorada shall coordinate with the central wastewater facility provider
and shall increase an applicant’s score by two points for parcels served by a collection line within a central wastewater facility
service area where a central wastewater treatment facility has been constructed that meets the treatment standards ofSections
381.0065(4)(1) and 403.086(10), F.S., and where treatment capacity is available. The points shall only be awarded if a
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construction permit has been issued for the collection system and the parcel lies within the service area of the wastewater
treatment facility.
(b) If the Commission determines that progress has been made for the work program year, then the Commission shall
restore the unit cap for residential development for the following year up to a maximum of 28 allocations per BPAS year.
(c) Wastewater treatment and disposal in Islamorada is governed by the requirements of Sections 381.0065(4)(1) and
403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection
or Department of Health to enforce Sections 381.0065(4)(1) and 403.086(10), F.S.
(d) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where
conflicts exist.
(5) WORK PROGRAM.
(a) Carrying Capacity Implementation.
1. By July 1, 2011 and each July 1 thereafter, Islamorada shall evaluate its land acquisition needs and state and federal
funding opportunities and apply to at least one state or federal land acquisition grant program.
2. By July 1, 2012, Islamorada shall enter into a memorandum of understanding with the Department of Community
Affairs, Division of Emergency Management, Marathon, Monroe, Key West, Key Colony Beach, and Layton after a notice,
public workshop and comment period of at least 30 days for interested parties. The memorandum of understanding shall
stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional
considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to
accurately depict evacuation clearance times for the population of the Florida Keys.
3. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the
memorandum of understanding. Islamorada and the Department of Community Affairs shall update the data for the Florida
Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census,
American Communities Survey, Bureau of Business and Economic Research, and other studies). Islamorada shall also evaluate
and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
4. By July 1, 2012, Islamorada shall complete an analysis of maximum build-out capacity for the Florida Keys Area of
Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys
Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community
Affairs, Monroe County and each municipality in the Keys.
5. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine
the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate
revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County,
Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the
24-hour evacuation clearance time. If necessary, Department of Community Affairs shall work with each local government to
amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the
Administration Commission.
6. By July 1, 2013, based on the Department of Community Affairs’ recommendations, Islamorada shall amend the current
building permit allocation system (BPAS in the Comprehensive Plan and Land Development Regulations) based on
infrastructure availability, level of service standards, environmental carrying capacity constraints, and hurricane evacuation
clearance time.
(b) Wastewater Implementation.
1. Beginning July 1, 2011 and each July 1 thereafter, Islamorada shall identify any funding for wastewater implementation.
Islamorada shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By December 1, 2013, Islamorada shall provide a final determination of non-service areas requiring upgrade to meet
Sections 381.0065(4)(l) and 403.086(10), F.S., wastewater treatment and disposal standards. This shall be in the form of a
resolution including a map of the non-service areas.
3. By December 1, 2013, Islamorada shall work with the owners of wastewater facilities and on site systems throughout
the Village and the Department of Environmental Protection (DEP) and the Department of Health (DOH) to fulfill the
requirements of Sections 381.0065(3)(h) and (4)(l) and 403.086(10), F.S., regarding implementation of wastewater treatment
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
and disposal systems. This will include coordination of actions with DOH and DEP to notify owners regarding systems that
will not meet 2015 treatment and disposal standards.
4. By July 1, 2011 and by July 1 of each year thereafter, Islamorada shall evaluate its wastewater needs and state and
federal funding opportunities and apply annually to at least one state or federal grant program for wastewater projects and
connections.
5. By September 1, 2011, Islamorada shall develop and implement local funding programs necessary to timely fund
wastewater construction and future operation, maintenance and replacement of facilities.
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6. By July 1, 2011 and each July1 thereafter through 2013, Islamorada shall annually draft a resolution requesting the
issuance of a portion of the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient
debt service for those bonds, for the construction of wastewater projects within the Florida Keys.
7. By July 1, 2011 and each July 1 thereafter through 2013, Islamorada shall develop a mechanism to provide accurate and
timely information and establish Islamorada’s annual funding allocations necessary to provide unmet funding needs to support
the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to
fulfill any terms and conditions associated with bonds.
8. By December 1, 2013, Islamorada shall provide a report of addresses and the property appraiser’s parcel numbers of
any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe
County Health Department, Department of Environmental Protection and the Department of Community Affairs. This report
shall describe the status of Islamorada’s enforcement action and provide the circumstances of why enforcement may or may
not have been initiated.
(c) Wastewater Project Implementation.
1. By June 1, 2011, Islamorada shall provide a wastewater financing plan to the Department of Community Affairs and
Administration Commission.
2. By July 1, 2011, Islamorada shall conclude negotiations with Key Largo Wastewater Treatment District for treatment
capacity.
3. By July 1, 2011, Islamorada shall advertise for proposal for design build operate finance construction of Village-wide
wastewater system.
4. By July 1, 2011 submit a copy of contract agreement with Key Largo Wastewater District documenting acceptance of
effluent or alternative plan with construction of wastewater treatment plants in Village that ensures completion and connection
of customers by December 2015.
5. By July 1, 2011, Islamorada shall make available to its customers an additional 700 connections (Phase II) to the North
Plantation Key Wastewater Treatment Plant (WWTP).
6. By September 1, 2011, Islamorada shall select the design build operate finance contractor for the Village-wide
wastewater system.
7. By October 1, 2011, Islamorada shall submit a wastewater construction status report to the Department of Community
Affairs and the Administration Commission which includes substantial completion of construction prior to January 1, 2015 and
final completion prior to July 1, 2015.
8. By September 1, 2013, Islamorada shall complete final design of the Village-wide wastewater system.
9. By December 1, 2013, Islamorada shall commence construction of the Village-wide wastewater system.
10. By June 1, 2014, Islamorada shall make available to its customers 25% of the Equivalent Dwelling Unit (EDU)
connections to the Village-wide wastewater system.
11. By December 1, 2014, Islamorada shall make available to its customers 50% of the Equivalent Dwelling Unit (EDU)
connections to the Village-wide wastewater system.
12. By June 1, 2015, Islamorada shall make available to its customers 75% of the Equivalent Dwelling Unit (EDU)
connections to the Village-wide wastewater system.
13. By December 1, 2015, Islamorada shall make available to its customers 100% of the Equivalent Dwelling Unit (EDU)
connections to the Village-wide wastewater system.
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CHAPTER 28-20
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN –
MONROE COUNTY
28-20.019Purpose and Effect
28-20.020Comprehensive Plan (Repealed)
28-20.021Land Development Regulations (Repealed)
28-20.022Second Administration Commission Amendments to the Comprehensive Plan (Repealed)
28-20.023Second Administration Commission Amendments to Land Development Regulations (Repealed)
28-20.024Third Administration Commission Amendments to Land Development Regulations (Repealed)
28-20.025Land Development Regulations (Repealed)
28-20.100Comprehensive Plan (Repealed)
28-20.110Comprehensive Plan (Repealed)
28-20.120Land Development Regulations (Repealed)
28-20.140Comprehensive Plan
28-20.019 Purpose and Effect.
(1) The purpose of this Chapter is to establish land development regulations and a local comprehensive plan applicable
within the Florida Keys Area of Critical State Concern, pursuant to Section 380.05(8), F.S. It is the intent of the Administration
Commission that this rule shall supplement those land development regulations and those portions of the comprehensive plan
approved by the Department of Community Affairs in Chapter 9J-14, F.A.C. This chapter and Chapter 9J-14, F.A.C., comprise
the comprehensive plan and land development regulations for the Florida Keys Area of Critical State Concern. To the extent
that existing ordinances are not adopted in this rule or approved in Chapter 9J-14, F.A.C., such ordinances are not deemed to
be “land development regulations” within the definition of Section 380.031(8), F.S.
(2) In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth
in a separate rule section. If any provision of the comprehensive plan or the land development regulations is amended by two
rule sections, the latest amendment shall control.
(3) As provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein
shall be superseded by regulations or amendments which are proposed by Monroe County and approved by the Department of
Community Affairs under the procedures found in Section 380.05(6), F.S.
(4) Land Development Regulations, including Official Land Use District Maps, shall be construed to implement the
provisions of Chapter 163, F.S. (1985) and Chapter 86-170, Laws of Florida (1986).
(5) All development, in addition to being consistent with the provisions of these land development regulations which
include the official land use district maps, shall be consistent with the goals, policies andobjectives of the comprehensive plan.
All land use decisions based upon the map designations must be consistent with the text of volumes I and II.
(6) The purpose of Part II of this chapter is to adopt amendments to the Monroe County Comprehensive Plan adopted by
Monroe County Ordinance No. 016-1993, and approved by the Department of Community Affairs in Rules 9J-14.020-.023,
F.A.C., including maps, consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State
Concern, pursuant to Sections 380.0552(7) and (9), F.S. The Monroe County Comprehensive Plan adopted by Ordinance 016-
1993 and approved by the Department of Community Affairs in Rules 9J-14.020-.023, F.A.C., supersedes the Comprehensive
Plan addressed in Part I of this chapter.
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28-20.020 Comprehensive Plan.
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28-20.021 Land Development Regulations.
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28-20.022 Second Administration Commission Amendments to the Comprehensive Plan.
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28-20.023 Second Administration Commission Amendments to Land Development Regulations.
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28-20.024 Third Administration Commission Amendments to Land Development Regulations.
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28-20.025 LandDevelopment Regulations.
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28-20.100 Comprehensive Plan.
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28-20.110 Comprehensive Plan.
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28-20.120 Land Development Regulations.
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28-20.140 Comprehensive Plan.
(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011, is hereby amended
to read as follows:
(2) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
(a) Monroe County shall establish and maintain a Permit Allocation System for new residential development. The Permit
Allocation System shall supersede Policy 101.2.1.
(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance shall not
exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO year. Each year’s
ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable housing in perpetuity and
market rate allocations not to exceed 126 residential units per year. Unused ROGO allocations may be retained and made
available only for affordable housing and Administrative Relief from ROGO year to ROGO year. Unused allocations for market
rate shall be available for Administrative Relief. Any unused affordable allocations will roll over to affordable housing. A
ROGO year means the twelve-month period beginning on July 13.
(c) This allocation represents the total number of allocations for development that may be issued during a ROGO year. No
exemptions or increases in the number of allocations may be allowed, other than that which may be expressly provided for in
the comprehensive plan or for which there is an existing agreement as of September 27, 2005, for affordable housing between
the Department and the local government in the critical areas.
(d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to areas served
or that would be served by a central sewer system by December 2015 that has committed or planned funding.Committed or
planned funding is funding that is financially feasible and reflected in a Capital Improvements Element approved by the
Department of Community Affairs. Prior to the ranking and approval of awards for an allocation authorizing development of
new principal structures, Monroe County, shall coordinate with the central wastewater facility provider and shall increase an
applicant’s score by four points for parcels served by a collection line within a central wastewater facility service area where a
central wastewater treatment facility has been constructed that meets the treatment standards of Section 403.086(10), F.S., and
where treatment capacity is available. The points shall only be awarded if a construction permit has been issued for the
collection system and the parcel lies within the service area of the wastewater treatment facility.
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(3) Reporting and Oversight.
(a) Beginning November 30, 2011, Monroe County and the Department of Community Affairs shall annually report to the
Administration Commission documenting the degree to which the work program objectives for the work program year have
been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine
whether progress has been achieved. If the Commission determines that progress has not been made, the unit cap for residential
development shall be reduced by 20 percent for the following ROGO year.
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(b) If the Commission determines that progress has been made for the work program year, then the Commission may
restore the unit cap for residential development for the following year up to a maximumof 197 allocations per ROGO year.
(c) Notwithstanding any other date set forth in this plan, the dates set forth in the work program shall control where conflicts
exist.
(d) Wastewater treatment and disposal in Monroe County is governed by the requirements of Sections 381.0065(4) and
403.086(10), F.S. Nothing in this rule shall be construed to limit the authority of the Department of Environmental Protection
or the Department of Health to enforce Sections 381.0065(4) and 403.086(10), F.S.
(4) Policy 216.1.19. Hurricane Modeling.
For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe
County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is
classified as a Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and
the Florida Turnpike in Homestead/Florida City.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and
System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the
adjusted Tier boundaries.
2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the
criteria for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Keys Carrying Capacity Study,
utilizing the updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work
Group.
3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110,
F.A.C., and to establish objectives to develop a build-out horizon in the Florida Keys and adopt conservation planning mapping
into the Comprehensive Plan.
4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps) into
the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Group.
5. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and
establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines.
6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review
Committee to consist of representatives selected by the Florida Department of Community Affairsfrom Monroe County,
Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental
Protection and environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier
designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure
implementation of and adherence to the Florida Keys Carrying Capacity Study. These proposed amendments shall be
recommended during 2009 and subsequently coincide with the Evaluation and Appraisal report timelines beginning with the
second Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as required above
adopted in 2011. Each evaluation and appraisal report submitted following the 2011 evaluation and appraisal report shall also
include an analysis and recommendations based upon the process described above.
7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report
annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I
and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied
for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances
within those sources available to the County and the Monroe County Land Authority.
8. By July 1, 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief in the
form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier
I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the
parcel will not be purchased by any county, state, federal or any private entity. The County shall develop a mechanism to
routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior
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to the deadline for administrative relief.
9. By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a
Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable
density/intensity.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding opportunities
and apply annually to at least one state or federal land acquisition grant program.
11. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of Community
Affairs, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton after a notice
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and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on
professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing
the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation
clearance times for the population of the Florida Keys.
12. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the
memorandum of understanding to complete an analysis of maximum build-out capacity for the Florida Keys Area of Critical
State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying
Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and
each municipality in the Keys.
13. By July 1, 2012, the County and the Department of Community Affairs shall update the data for the Florida Keys
Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American
Communities Survey, Bureau of Economic and Business Research, and other studies). The County shall also evaluate and
address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report.
14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine
the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate
revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County,
Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the
24 hour evacuation clearance time. If necessary, the Department of Community Affairs shall work witheach local government
to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rulemaking to the
Administration Commission.
15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend
the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration
Commission.
(b) Wastewater Implementation.
1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe
County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems throughout
the County and the Department of Health (DOH) and the Department of Environmental Protection (DEP) to fulfill the
requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(l), F.S., regarding implementation of wastewater treatment
and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not
meet the 2015 treatment and disposal standards.
3. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of $50 million of the $200
million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for
the construction of wastewater projects within the Florida Keys.
4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish
the County’s annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds
authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and
conditions associated with bonds.
5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding opportunities and
apply annually to at least one state or federal grant program for wastewater projects and connections.
6. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund
wastewater construction and future operation, maintenance and replacement of facilities.
7. By December 1, 2013, the County shall provide a report of addresses and the property appraiser’s parcel numbers of
any property owner that fails or refuses to connect to the central sewer facility within the requiredtimeframe to the Monroe
County Health Department, Department of Environmental Protection and the Department of Community Affairs. This report
shall describe the status of the County’s enforcement action.
(c) Wastewater Project Implementation.
1. Key LargoWastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater
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treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a. By July 1, 2012, Monroe County shall complete construction of the South Transmission Line;
b. By July 1, 2013, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J and K;
c. By July 1, 2012, Monroe County shall complete construction of Collection basins E-H;
d. By December 1, 2011, Monroe County shall schedule construction of Collection basins I-K;
e. By July 1, 2011, Monroe County shall complete construction of Collection basins I-K;
f. By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP;
g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP;
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h. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP.
2. Hawk’s Cay, Duck Key and Conch Key Wastewater Treatment Facility.
a.By July 1, 2012, Monroe County shall complete construction of Hawk’s Cay WWTP upgrade/expansion, transmission
and collection system;
b. By July 1, 2013, Monroe County shall complete construction of Duck Key collection system;
c. By July 1, 2012, Monroe County shall initiate property connections to Hawk’s Cay WWTP;
d. By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk’s Cay WWTP;
e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk’s Cay WWTP; and
f. By July 1, 2014, Monroe County shall complete all remaining connections to Hawk’s Cay WWTP.
3. South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System).
a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and
b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
4. Cudjoe Regional Wastewater Treatment Facility.
a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater
Treatment Facility, the Central Area (Cudjoe, Summerland, Upper Sugarloaf) collection system and the Central Area
Transmission Main;
b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area
Collection System and Central Area Transmission Main;
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection
System and Central Area Transmission Main;
d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection
System and Transmission Main;
e. By February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission main;
f. By July 1, 2014, Monroe County shall initiate property connections –complete 25% of hook-ups to Cudjoe Regional
WWTP;
g. By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and
h. By December 1, 2015, Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP.
(d) Stormwater Treatment Facilities.
1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County
shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan.
2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District.
3. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements.
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Tab 5
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Recommended Statute Revisions
Section 380.0552, Florida Statutes
Recommended Rule Revisions
Chapter 28-18, Florida Administrative Codes
Chapter 28-19, Florida Administrative Codes
Chapter 28-20, Florida Administrative Codes
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380.0552Florida Keys Area; protection and designation as area of critical state concern
(1)SHORT TITLE.—This section may be cited as the “Florida Keys Area Protection Act.”
(2)LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a)Establish a land use management system that protects the natural environment of the Florida Keys.
(b)Establish a land use management system that conserves and promotes the community character of the
Florida Keys.
(c)Establish a land use management system that promotes orderly and balanced growth in accordance with the
capacity of available and planned public facilities and services.
(d)Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e)Establish a land use management system that promotes and supports a diverse and sound economic base.
(f)Protect the constitutional rights of property owners to own, use, and dispose of their real property.
(g)Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over
land use activities in the Florida Keys.
(h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within
the Florida Keys.
(i)Protect and improve the nearshore water quality of the Florida Keys through federal, state, and local funding
of water quality improvement projects, includingcanal restoration projects and theconstruction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as applicable.
(j)Ensure that the population of the Florida Keys can be safely evacuated.
(3)RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of critical
state concern, the boundaries of which are described in chapter 27F-8, Florida Administrative Code, as amended
effective August 23, 1984, is hereby ratified.
(4)REMOVAL OF DESIGNATION.—
(a)The designation of the Florida Keys Area as an area of critical state concern under this section may be
recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the work
program tasks specified in rules of the Administration Commission.
(b)Beginning November 30, 20102020 the state land planning agency shall biennially annually submit a
written report to the Administration Commission describing the progress of the Florida Keys Area toward completing
the work program tasks specified in commission rules. The land planning agency shall recommend removing the
Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that:
1.All of the work program tasks have been completed, including construction of, operation of, and connection
to central wastewater management facilities pursuantto s. 403.086(10);andupgrade of onsite sewage treatment and
disposal systemspursuant to s. 381.0065(4)(l);and canal restoration projects;
2.All local comprehensive plans and land development regulations and the administration of such plans and
regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in subsection (2), and
are consistent with and further the principles guiding development; and
3.A local government has adopted a resolution at a public hearingrecommending the removal of the
designation.
(c)After receipt of the state land planning agency report and recommendation, the Administration Commission
shall determine whether the requirements have been fulfilled and may remove the designation of the Florida Keys as
an area of critical state concern. If the commission removes the designation, it shall initiate rulemaking to repeal any
rules relating to such designation within 60 days. If, after receipt of the state land planning agency’s report and
recommendation, the commission finds that the requirements for recommending removal of designation have not been
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met, the commission shall provide a written report to the local governments within 30 days after making such a finding
detailing the tasks that mustbe completed by the local government.
(d)The Administration Commission’s determination concerning the removal of the designation of the Florida
Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall be conducted
by the Division of Administrative Hearings and must be initiated within 30 days after the commission issues its
determination.
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(e)After removal of the designation of the Florida Keys as an area of critical state concern, the state land
planning agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive
plans, which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28-29, Florida
Administrative Code, as of January 1, 2006, for compliance as defined in s. 163.3184. All procedures and penalties
described in s. 163.3184 apply to the review conducted pursuant to this paragraph.
(f)The Administration Commission may adopt rules or revise existing rules as necessary to administer this
subsection.
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CHAPTER 28-18
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICALSTATE CONCERN –
CITY OF MARATHON
28-18.400 Comprehensive Plan.
(1) and (2) No change.
(3) Reporting and Oversight.
(a) Beginning November 30, 2011, Marathon and the Department of Community AffairsEconomic Opportunityshall annually
report to the Administration Commission documenting the degree to which the work program objectives for the work program year
have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine
whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that progress
has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.
(b) If the Commission determines that progress has been made for the work program year, then the Commission shall restore the
unit cap for residential development for the following year up to a maximum of 30 allocations per BPAS year.
(c) and (d) Renumbered.
(4) No change.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation.
1. through 5. No change.
6. By July 1, 2011,and each July thereafter, Marathon shall evaluate its land acquisition needs and state and federal funding
opportunities and apply annually to at least one state or federal land acquisition grant program.If the Commission determines that this
task has not been achieved for a given reporting period, the unit cap for residential development shall be reduced by 20 percent for the
following Rate of Growth Ordinance (ROGO)year. If achieved in the followingROGOyear, the Commission may restore the unit
cap for residential development for the following year up to a maximum of 30 allocations per ROGO year.
7. through 11. No change.
(c) Canal Restoration Implementation.
1. By July 1, 2020, Marathon and its partners shall update the 2013 Canal Management Master Plan (CCMP) to include any
updated water quality assessment of canals, a methodology to prioritize need for water quality improvement, appropriate restoration
options and revised canal rankings based on new information.
2. By July 1, 2020, Marathon shall develop and adopt guidelines to select canals for restoration, including a process to evaluate
the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and associated funding
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needs.
3. By July 1, 2020, and each year thereafter until 2030, the Department of Economic Opportunity shall work with each stakeholder,
including but not limited to each local government, Environmental Protection Agency(EPA),United State Army Corps of Engineers
(ACOE), Florida Department of Environmental Protection(DEP),National Oceanic and Atmospheric Administration (NOAA),
Florida Keys National Marine Sanctuary(FKNMS),andthe South Florida Water Management District (SFWMD)to facilitate
intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
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4. By July 1, 2021, Marathon shall identify and evaluate funding sources for the implementation of canal restoration projects
and the continual operation and maintenance of canals post restoration.
5. By July 1, 2021,and each year thereafter until 2030, Marathon shall identify canal restoration projects and implementation
plans for each canal project. Marathon shall provide a list of selected canal restoration projects to the Department of Economic
Opportunity by October 1st each year to be completed during the following work program reporting period.
6. By July 1, 2021, andeach year thereafter until 2030, Marathon shall evaluate its canal restoration needs and state and
federal funding opportunities and apply annually to at least one state or federal grant program for canal restoration projects.
7. By July 1, 2021,and each year thereafter until 2030, Marathon shall annually evaluate and allocate funding for canal
restoration implementation. Marathon shall identify any funding in the annual update to the Capital Improvements Element (CIE)
of the Comprehensive Plan.
8. By July 1, 2021, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to
each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review
of alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of
seagrass and other accumulated organic materialfrom near shore waters.
9. By July 1, 2022, and each year thereafter until 2030, Marathon shall reportwhich canal restoration projects have been
initiated and projects that were completed during the reporting period to the Department of Economic Opportunity for submission
to the Administration Commissionannually.
10. By July 1, 2022, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to
each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative
solutions identified for canal systems with issues ofaccumulated organic materialto substantially reduce those inputs to levels
that do not contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals.
11. By July 1, 2022, Marathon shall submit a plan to assess the effectiveness of the restoration projects completed, including
water quality monitoring timeframes post restoration. The plan should describe the methods, timeframes and potential funding
sources to monitor the effectiveness of restoration projects based on both water quality and ecological response factors.
12. By July 1, 2024, and annually thereafter until 2030, the Department of Environmental Protection (Division of
Environmental Assessment and Restoration/Watershed Monitoring Program), and its monitoring groups shall provide water
quality monitoring reports for the canal restoration projects that have been completed by Marathon.The report will be submitted
to DEO for inclusion in their annualreport.
13. By July 1, 2024, and annually thereafter until 2030, the Department of Economic Opportunity shall request a report from
the NOAA/FKNMS Water Quality Protection Program Steering Committee on the success of canal restoration projects and
strategies to improve efficiency, cost effectiveness and long-term maintenance.
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CHAPTER 28-19
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN,
ISLAMORADA, VILLAGE OF ISLANDS
28-19.310 Comprehensive Plan.
(1)TheComprehensive Plan of Islamorada, Village of Islands, as the same exists on January 1, 2011, is hereby amended to read
as follows:
(2) Policy 1-3.1.1 Islamorada Work Program Conditions and Objectives.
(a) No change.
(b) Beginning November 30, 2011, theVillage and the Department of Community AffairsEconomic Opportunityshall annually
report to the Administration Commission documenting the degree to which the work program objectives for the work program year
have been achieved. The Commission shall consider the findings and recommendations provided in those reports and shall determine
whether progress has been achieved toward accomplishing the tasks of the work program. If the Commission determines that progress
has not been made, the unit cap for residential development shall be reduced by 20 percent for the following year.
(4) Reporting and Oversight.
(a) No change.
(b)If the Commission determines that progress has been made for the work program year, then the Commission shall restore the
unit cap for residential development for the following year up to a maximum of28 allocations per BPAS year.
(c) and (d) Renumbered
.
(5) WORK PROGRAM.
(a) Carrying Capacity Implementation.
1. By July 1, 2011 and each July 1 thereafter, Islamorada shall evaluate its land acquisition needs and state and federal funding
opportunities and apply to at least one state or federal land acquisition grant program.If the Commission determines that this task
has not been achieved for a given reporting period, the unit cap for residential development shall be reduced by 20 percentfor the
followingRate of Growth Ordinance(ROGO)year. If achieved in the following ROGO year, the Commission may restore the unit
cap for residential development for the following year up to a maximum of 28allocations per ROGO year.
2. through 6. No change.
(b) Canal Restoration Implementation.
1. By July 1, 2020, Islamorada and its partners shall update the 2013 Canal Management Master Plan (CCMP) to include any
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
updated water quality assessment of canals, a methodology to prioritize need for water quality improvement, appropriate restoration
options and revised canal rankings based on new information.
2. By July 1, 2020, Islamorada shall develop and adopt guidelines to select canals for restoration, including a process to evaluate
the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective solutions) and associated funding
needs.
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3. By July 1, 2020, and each year thereafter until 2030, the Department of Economic Opportunity shall work with each stakeholder,
including but not limited to each local government, Environmental Protection Agency (EPA), United State Army Corps of Engineers
(ACOE), Florida Department of Environmental Protection (DEP), National Oceanic and Atmospheric Administration (NOAA),
Florida Keys National Marine Sanctuary (FKNMS), and the South Florida Water Management District (SFWMD)to facilitate
intergovernmental coordination and expedite review of canal restoration projects within the Florida Keys.
4. By July 1, 2021, Islamorada shall identify and evaluate funding sources for the implementation of canal restoration projects
and the continual operation and maintenance of canals post restoration.
5. By July 1, 2021,and each year thereafter until 2030, Islamorada shall identify canal restoration projects and implementation
plans for each canal project. Islamorada shall provide a list of selected canal restoration projects to the Department of Economic
Opportunity by October 1st each year to be completed during the following work program reporting period.
6. By July 1, 2021, and each year thereafter until 2030, Islamorada shall evaluate its canal restoration needs and state and federal
funding opportunities and apply annually to at least one state or federal grant program for canal restoration projects.
7. By July 1, 2021,and each year thereafter until 2030, Islamorada shall annually evaluate and allocate funding for canal
restoration implementation. Islamorada shall identify any funding in the annual update to the Capital Improvements Element (CIE) of
the Comprehensive Plan.
8. By July 1, 2021, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to each
local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental coordination and review of
alternative solutions, including reduced regulatory costs, for canal systems that are susceptible to receiving large inputs of seagrass
and other accumulated organic materialfrom near shore waters.
9. By July 1, 2022, and each year thereafter until 2030, Islamorada shall report which canal restoration projects have been initiated
and projects that were completed during the reporting period to the Department of Economic Opportunity for submission to the
Administration Commissionbiennally.
10. By July 1, 2022, the Department of Economic Opportunity shall work with each stakeholder, including but not limited to each
local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting approval of the alternative solutions
identified for canal systems with issues of accumulated organic materialto substantially reduce those inputs to levels that do not
contribute to eutrophication, hypoxia, or other water and sediment quality issues within the canals.
11. By July 1, 2022, Islamorada shall submit a plan to assess the effectiveness of the restoration projects completed, including
water quality monitoring timeframes post restoration. The plan should describe the methods, timeframes and potential funding sources
to monitor the effectiveness of restoration projects based on both water quality and ecological response factors.
12. By July 1, 2024, and annually thereafter until 2030, the Department of Environmental Protection (Division of Environmental
Assessment and Restoration/Watershed Monitoring Program), and its monitoring groups shall provide water quality monitoring reports
for the canal restoration projects that have been completed by Islamorada.
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
13. By July 1, 2024, and annually thereafter until 2030, the Department of Economic Opportunity shall request a report from the
NOAA/FKNMS Water Quality Protection Program Steering Committee on the success of canal restoration projects and strategies to
improve efficiency, cost effectiveness and long-term maintenance.
Svmfnbljoh!Bvuipsjuz!491/1663):*-!491/16)33*!GT/!Mbx!Jnqmfnfoufe!491/1663!GT/!IjtupszOfx!7.28.22/Bnfoefe!``````````/
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CHAPTER 28-20
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE
CONCERN –
MONROE COUNTY
28-20.140 Comprehensive Plan.
(1) and (2) No change.
(3) Reporting and Oversight.
(a) Beginning November 30, 20112020, Monroe County and the Department of Community AffairsEconomic
Opportunityshall annually report to the Administration Commission documenting the degree to which the work
program objectives for the work program reporting period year andhave been achieved.The Commission shall
consider the findings and recommendations provided in those reports and shall determine whether progress has been
achieved.
(b) If the Commission determines that progress has been made for the work program year, then the Commission
may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per
ROGO year.
(4) No change.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation
1. through 9. No change.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding
opportunities and apply annually to at least one state or federal land acquisition grant program.If the Commission
determines that this taskhas not been achieved for a given reporting period, the unit cap for residential development
shall be reduced by 20 percent for the followingRate of Growth Ordinance(ROGO)year.If achieved in the
following ROGO year, the Commission may restore the unit cap for residential development for the following year
up to a maximum of 197 allocations per ROGO year.
(b)Canal Restoration Implementation.
1. By July 1, 2020, Monroe County and its partners shall update the 2013 Canal Management Master Plan
(CCMP) to include any updated water quality assessment of canals, a methodology to prioritize need for water
quality improvement, appropriate restoration options and revised canal rankings based on new information.
2. By July 1, 2020, Monroe County shall develop and adopt guidelines to select canals for restoration, including
a process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective
solutions) and associated funding needs.
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
3. By July 1, 2020, and each year thereafter until 2030, the Department of Economic Opportunity shall work
with each stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA),
United State Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP),National
Oceanic and Atmospheric Administration (NOAA), Florida Keys National Marine Sanctuary (FKNMS),and the
South Florida Water Management District (SFWMD)to facilitate intergovernmental coordination and expedite
review of canal restoration projects within the Florida Keys.
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4. By July 1, 2021, Monroe County shall identify and evaluate funding sourcesfor the implementation of canal
restoration projects and the continual operation and maintenance of canals post restoration.
5. By July 1, 2021,and each year thereafter until 2030, Monroe County shall identify canal restoration projects
and implementation plans for each canal project. Monroe County shall provide a list of selected canal restoration
projects to the Department of Economic Opportunity by October 1st each year to be completed during the following
work program reporting period.
6. By July 1, 2021, and each year thereafter until 2030, Monroe County shall evaluate its canal restoration needs
and state and federal funding opportunities and apply annually to at least one state or federal grant program for canal
restoration projects.
7. By July 1, 2021,and each year thereafter until 2030, Monroe County shall annually evaluate and allocate
funding for canal restoration implementation. Monroe County shall identify any funding in the annual update to the
Capital Improvements Element (CIE) of the Comprehensive Plan.
8. By July 1, 2021, the Department of Economic Opportunity shall work with each stakeholder, including but
not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental
coordination and review of alternative solutions, including reduced regulatory costs, for canal systems that are
susceptible to receiving large inputs of seagrass and other accumulated organic materialfrom near shore waters.
9. By July 1, 2022, and each year thereafter until 2030, Monroe County shall report which canal restoration
projects have been initiated and projects thatwerecompleted during the reporting period to the Department of
Economic Opportunity for submission to the Administration Commission.
10. By July 1, 2022, the Department of Economic Opportunity shall work with each stakeholder, including but
not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting
approval of the alternative solutions identified for canal systems with issues of accumulated organic materialto
substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and
sediment quality issues within the canals.
11. By July 1, 2022, Monroe County shall submit a plan to assess the effectiveness of the restoration projects
completed, including water quality monitoring timeframes post restoration. The plan should describe the methods,
timeframes and potential funding sources to monitor the effectiveness of restoration projects based on both water
quality and ecological response factors.
12. By July 1, 2024, and annually thereafter until 2030, the Department of Environmental Protection (Division
of Environmental Assessment and Restoration/Watershed Monitoring Program), and its monitoring groups shall
provide water quality monitoring reports for the canal restoration projects that have been completed by Monroe
County.The report will be submitted to DEO for inclusion in their annualreport.
13. By July 1, 2024, and annually thereafter until 2030, the Department of Economic Opportunity shall request
a report from the NOAA/FKNMS Water Quality Protection Program Steering Committee on the success of canal
restoration projects and strategies to improve efficiency, cost effectiveness and long-term maintenance.
Buubdinfou;!312:!Gmpsjeb!Lfzt!Boovbm!Sfqpsu!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
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CHAPTER 28-20
LAND PLANNING REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE
CONCERN –
MONROE COUNTY
28-20.140 Comprehensive Plan.
(1) and (2) No change.
(3) Reporting and Oversight.
(a) Beginning November 30, 20112021, Monroe County and the Department of Community AffairsEconomic
Oppotunityshall annually report to the Administration Commission documenting the degree to which the work
program objectives for the work program reporting period year andhave been achieved.The Commission shall
consider the findings and recommendations provided in those reports and shall determine whether progress has been
achieved.
(b) If the Commission determines that progress has been made for the work program year, then the Commission
may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per
ROGO year.
(4) No change.
(5) WORK PROGRAM.
(a) Carrying Capacity Study Implementation
1. through 9. No change.
10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and state and federal funding
opportunities and apply annually to at least one state or federal land acquisition grant program.
(b)Canal Restoration Implementation.
1. By July 1, 2021, Monroe County and its partners shall update the 2013 Canal Management Master Plan
(CCMP) to include any updated water quality assessment of canals, a methodology to prioritize need for water quality
improvement, appropriate restoration options and revised canal rankings based on new information.
2. By July 1, 2021, Monroe County shall develop and adopt guidelines to select canals for restoration, including
a process to evaluate the feasibility of the project, the proposed restoration design (evaluate long-term cost-effective
solutions) and associated funding needs.
3. By July 1, 2021, and each year thereafter until 2030, the Department of Economic Opportunity shall work with
each stakeholder, including but not limited to each local government, Environmental Protection Agency (EPA), United
State Army Corps of Engineers (ACOE), Florida Department of Environmental Protection (DEP),National Oceanic
and Atmospheric Administration (NOAA), Florida Keys National marine Sanctuary (FKNMS),and the South Florida
Water Management District (SFWMD)to facilitate intergovernmental coordination and expedite review of canal
restoration projects within the Florida Keys.
4. By July 1, 2021, Monroe County shall identify and evaluate funding sourcesfor the implementation of canal
restoration projects and the continual operation and maintenance of canals post restoration.
Buubdinfou;!Svmf!39.31!sfwjtfe!Dbobm!Pomz!qptu!Benjo!Dpnn`Dbcjofu!Bjeft!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
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5. By July 1, 2022and each year thereafter until 2030, Monroe County shall identify canal restoration projects
and implementation plans for each canal project. Monroe County shall provide a list of selected canal restoration
projects to the Department of Economic Opportunity by October 1st each year to be completed during the following
work program reporting period.
6. By July 1, 2022, and each year thereafter until 2030, Monroe County shall evaluate its canal restoration needs
and state and federal funding opportunities and apply annually to at least one state or federal grant program for canal
restoration projects.
7. By July 1, 2022and each year thereafter until 2030, Monroe County shall annually evaluate and allocate
funding for canal restoration implementation. Monroe County shall identify any funding in the annual update to the
Capital Improvements Element (CIE) of the Comprehensive Plan.
8. By July 1, 2022, the Department of Economic Opportunity shall work with each stakeholder, including but not
limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate intergovernmental
coordination and review of alternative solutions, including reduced regulatory costs, for canal systems that are
susceptible to receiving large inputs of seagrass and other accumulated organic materialfrom near shore waters.
9. By July 1, 2023, and each year thereafter until 2030, Monroe County shall report which canal restoration
projects have been initiated and projects that completed during the reporting period to the Department of Economic
Opportunity for submission to the Administration Commission.
10. By July 1, 2023, the Department of Economic Opportunity shall work with each stakeholder, including but
not limited to each local government, EPA, ACOE, DEP, NOAA/FKNMS, SFWMD, to facilitate the permitting
approval of the alternative solutions identified for canal systems with issues of accumulated organic materialto
substantially reduce those inputs to levels that do not contribute to eutrophication, hypoxia, or other water and
sediment quality issues within the canals.
11. By July 1, 2023, Monroe County shall submit a plan to assess the effectiveness of the restoration projects
completed, including water quality monitoring timeframes post restoration. The plan should describe the methods,
timeframes and potential funding sources to monitor the effectiveness of restoration projects based on bothwater
quality and ecological response factors.
12. By July 1, 2025, and biennially thereafter until 2030, the Department of Environmental Protection (Division
of Environmental Assessment and Restoration/Watershed Monitoring Program), and its monitoring groups shall
provide water quality monitoring reports for the canal restoration projects that have been completed by Monroe
County.The report will be submitted to DEO for inclusion in their biennial report.
13. By July 1, 2025, and biennially thereafter until 2030, the Department of Economic Opportunity shall request
a report from the NOAA/FKNMS Water Quality Protection Program Steering Committee on the success of canal
restoration projects and strategies to improve efficiency, cost effectiveness and long-term maintenance.
Svmfnbljoh!Bvuipsjuz!491/1663):*-!491/16)33*!GT/!Mbx!Jnqmfnfoufe!491/1663!GT/!IjtupszOfx7.28.22/Bnfoefe!`````````/
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380.0552Florida Keys Area; protection and designation as area of critical state concern
(1)SHORT TITLE.—This section may be cited as the “Florida Keys Area Protection Act.”
(2)LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a)Establish a land use management system that protects the natural environment of the Florida Keys.
(b)Establish a land use management system that conserves and promotes the community character of the
Florida Keys.
(c)Establish a land use management system that promotes orderly and balanced growth in accordance with the
capacity of available and planned public facilities and services.
(d)Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e)Establish a land use management system that promotes and supports a diverse and sound economic base.
(f)Protect the constitutional rights of property owners to own, use, and dispose of their real property.
(g)Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over
land use activities in the Florida Keys.
(h)Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within
the Florida Keys.
(i)Protect and improve the nearshore water quality of the Florida Keys through federal, state, and local funding
of water quality improvement projects, includingcanal restoration projects and ;the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as applicable.
(j)Ensure that the population of the Florida Keys can be safely evacuated.
(3)RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of critical
state concern, the boundariesof which are described in chapter 27F-8, Florida Administrative Code, as amended
effective August 23, 1984, is hereby ratified.
(4)REMOVAL OF DESIGNATION.—
(a)The designation of the Florida Keys Area as an area of critical state concern under this section may be
recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the work
program tasks specified in rules of the Administration Commission.
(b)Beginning November 30, 2010, the state land planning agencyshall annuallysubmit a written report to the
Administration Commission describing the progress of the Florida Keys Area toward completing the work program
tasks specified in commission rules. The land planning agency shall recommend removing the Florida Keys Area from
being designated as an area of critical state concern to the commission if it determines that:
1.All of the work program tasks have been completed, including construction of, operation of, and connection
to central wastewater management facilities pursuant to s. 403.086(10);andupgrade of onsite sewage treatment and
disposal systems pursuant to s. 381.0065(4)(l); and canal restoration projects;
2.All local comprehensive plans and land development regulations and the administration of such plans and
regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in subsection (2), and
are consistent with and further the principles guiding development; and
3.A local government has adopted a resolution at a public hearing recommending the removal of the
designation.
(c)After receipt of the state land planning agency report and recommendation, the Administration Commission
shall determine whether the requirements have been fulfilled and may remove the designation of the Florida Keys as
an area of critical state concern. If the commission removes the designation, it shall initiate rulemaking to repeal any
rules relating to such designation within 60 days. If, after receipt of the state land planning agency’s report and
recommendation, the commission finds that the requirements for recommending removal of designation have not been
met, the commission shall provide a written report to the local governments within 30 days after making such a finding
detailing the tasks that must be completed by the local government.
(d)The Administration Commission’s determination concerning the removal of the designation of the Florida
Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall be conducted
Buubdinfou;!491/1663!mfh!bmufsbujpo.Qptu!Benjo!Dpnn`Dbcjofu!Bjeft!!)Svmf!vqebuf!gps!dbobm!sftupsbujpo!xpsl!qsphsbn*
by the Division of Administrative Hearings and must be initiated within 30 days after the commission issues its
determination.
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(e)After removal of the designation of the Florida Keys as an area of critical state concern, the state land
planning agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive
plans, which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28-29, Florida
Administrative Code, as of January 1, 2006, for compliance as defined in s. 163.3184. All procedures and penalties
described in s. 163.3184 apply to the review conducted pursuant to this paragraph.
(f)The Administration Commission may adopt rules or revise existing rules as necessary to administer this
subsection.
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