Springs Advocacy 101: Players & Policies
- Chloe Dougherty
- Aug 7
- 10 min read
Overview of the Governmental Programs and Policies that Affect Springs Protection
FSC’s Springs Advocacy 101 series introduces the basics of Florida water policy to build a stronger and well informed community of springs advocates. The series will include webinars and outlines focused on:
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The Players & Policies Webinar
This outline provides an overview of the governmental programs and policies that affect springs protection as they exist in statute or rule and how they should work if implemented correctly. We do not yet dive into how they are (or are not) implemented.
Keep in mind: The problem in Florida is not the laws and rules, but how state agencies implement them.
There are many other players in the springs and water realm that have a major effect on environmental laws and rules, including industry groups, conservation organizations and advocates and of course, the legislature. The focus here is on official government entities.
Part I: The Players
Florida Department of Environmental Protection (DEP):
The state agency responsible for implementing and enforcing water quality laws and rules in Florida.
Controls water quality funding programs in Florida, including selecting projects for:
Springs Restoration Funding
The Water Quality Improvement Grant Program
The Alternative Water Supply Grant Program
The Clean Water State Revolving Fund
The Drinking Water State Revolving Fund
In charge of Florida’s environmental land conservation program, Florida Forever, and managing conservation lands, including Florida State Parks.
This is one area where DEP really shines, both in terms of their selection of lands for acquisition and management of lands once acquired.
Led by a Secretary appointed by the Governor and confirmed by the Senate.
Who the Governor appoints to be DEP Secretary says a lot about how the administration wants to manage our waters and what value they put in protecting the environment. The current DEP Secretary lacks experience in environmental policy, science, or management.
Water Management Districts (WMDs):
Florida has five regional water management districts roughly drawn to major hydrologic basins:
South Florida
Southwest Florida
St. Johns
Suwannee
Northwest Florida
Core duty is to make decisions over who can use water in Florida through the issuance of consumptive use permits or water use permits.
The most important entities in the state at determining how and where Florida develops because they control access to water.
Historically, WMDs also acquired critical lands to protect water resources through a variety of programs, however that has slowed during recent years.
An example of a type of government called a special district, which to be effective should be specialized, have a defined territory, and possess autonomy in policy and budget decisions.
While the WMDs are still specialized and serve a defined territory, they have sacrificed their policy and budget autonomy to politicians and the Department of Environmental Protection, leading to negative environmental outcomes.
Each water management district is overseen by a Governing Board appointed by the Governor and confirmed by the Senate.
For many years, water management districts governing boards included diverse representation of interests, including environmental, development, agriculture, legal, and engineering.
Since Rick Scott’s time as Governor, the District Governing Boards have been dominated by representatives from regulated industries, which has eroded the effectiveness of the Districts as well as the public’s faith in these agencies.
To say that the water management districts are captured by the industries they are regulating is an understatement.
It was only this year that a law was passed prohibiting water management district government board members from accepting payouts from regulated industries.
Districts have constitutional authority to raise revenue via property taxes, but Governors Scott and DeSantis have slashed ad valorem tax rates, which means:
WMDs are no longer able to perform their core function of protecting water resources from the negative impacts of large water uses.
WMDs are now completely reliant on funding from the state budget to carry out the mission, which means that politics, not science, is driving water management decisions.
Florida Department of Agriculture and Consumer Services (FDACS):
State agency supporting and promoting Florida agriculture and regulating it to protect the environment and consumers.
This fox guarding the henhouse approach to regulating agriculture has not been effective in protecting Florida's water resources, and agriculture is by far the leading source of pollution to Florida's waters and the cause of most water quality violations.
Manages the Rural and Family Lands Protection Program, which acquires development rights on agricultural lands across the state.
Unlike Florida Forever, these lands are privately owned - so there is no public access - and often remain in intensive agriculture production.
Includes the Florida Forest Service, managing state forests.
The Commissioner of Agriculture is a statewide elected position, serving on the Florida Cabinet, making agriculture the only industry with an elected official on the Florida Cabinet.
Florida Wildlife and Conservation Commission (FWC):
A constitutional agency responsible for managing fish and wildlife resources for their long-term well-being and the benefit of people.
FWC does many things, possibly most notably establishing rules around hunting and fishing in Florida.
Led by a seven-person commission appointed by the Governor and confirmed by the Senate.
Has the least direct involvement in protecting Florida's waters compared to other agencies highlighted.
Local Governments:
Florida, includes 67 counties and over 400 municipalities (cities, towns, villages).
Governed by elected bodies (councils/commissions).
Control where, how, and when new development occurs through comprehensive planning, zoning, and local ordinances, unless preempted by state law.
Part 2: The Programs and Policies
Basin Management Action Plans (BMAPs) - Department of Environmental Protection:
Water quality restoration plans to take a polluted waterbody and bring it back to achieving water quality goals.
Very important as they are the only statewide regulatory programs to improve water quality in polluted waterbodies. If the BMAPs fail so will our springs, rivers, lakes, estuaries, and coasts.
Nearly 90% of Outstanding Florida Springs are polluted to the extent that they are violating water quality standards and require a BMAP.
On June 27, 2025, FDEP put forward 28 BMAPs, from the St. Lucie River in Southeast Florida to Wakulla Springs in the panhandle.
All BMAPs must:
Describe the sources of pollution: Say how much pollution is coming from agriculture, septic tanks, urban fertilizer or wastewater, atmospheric deposition, biosolids, etc.
Assign pollution load reduction to entities or industries
Identify mechanisms to address future increases in pollution
Include 5, 10, and 15 year implementation milestones to achieve water quality standards
Contain a list of projects and project details to achieve the 5-year milestone.
Include a septic/wastewater remediation plan if septic tanks or wastewater treatment facilities are responsible for 20% or more of pollution.
Include a cooperative agricultural regional water quality improvement element if agriculture is responsible for more than 20% of pollution
Rules within all BMAPs:
All agricultural producers must enroll in BMPs (403.067(7)(b)2.g.)
No new septic systems where connection to central sewer is available (403.067(7)(a)10.)
Requires advanced septic systems on lots of less than one acre (403.067(7)(a)10.)
Additional Rules within OFS BMAPs:
All local govs. must adopt urban fertilizer ordinance (373.807(2))
New WWTF must achieve AWT standard (<3 mg/L N) (373.811(1))
Prohibits new hazardous waste disposal facilities and land application of class A or B biosolids without an approved plan (373.811(3)-(4))
Statewide Rules - Department of Environmental Protection:
When Florida law requires an agency to develop a statewide rule related to water quality, those rules are developed, adopted, and typically enforced by the Department of Environmental Protection.
Examples: Environmental Resource Permit and Stormwater Rules, Consumptive Use Permitting Harm Rules, and rules regulating the spreading of sewage sludge
Environmental Resource Permits, known as ERPs, regulate activities that impact surface waters.
ERPs are handed out by DEP or by a water management district under DEP’s rules for stormwater systems; dredging and filling in wetlands; solid, hazardous, and industrial waste; mining; natural gas and oil production and distribution; and docks and boat ramps.
Sewage sludge, euphemistically referred to as “biosolids”, is the waste pumped out of your septic tank.
Sewage sludge is often disposed of by applying it to the land and allowing it leach into the soil and water. To dispose of sewage sludge requires a permit from DEP.
Rules adopted by DEP largely prohibit the land application of biosolids in South Florida, leading to sewage sludge being shipped to Central and North Florida for disposal.
Springs Harm Rule - DEP has recently proposed consumptive water use permitting rules that are applicable near Outstanding Florida Springs which would be implemented by four of the five Florida water management districts. These rules are currently being challenged by the Florida Springs Council.
Water/Consumptive Use Permits - Water Management Districts:
To use more than 100,000 gallons of water per day requires a consumptive or water use permit issued by one of Florida’s water management districts.
To receive a consumptive use permit, an applicant must meet what is called the three prong test:
Reasonable/Beneficial
Does not interfere with existing uses
In the Public Interest
When these rules were initially developed, this was intended to capture all of the additional concerns (to protect the environment, to protect our species, to protect recreational values, fishing habitat, etc). This third prong has been abandoned by the water management districts, which is one of the reasons why our consumptive use permitting programs are not working.
All water management districts have rules that prohibit the issuance of a water use permit that cause harm to the water resources, including harm to offsite land uses, water quality impacts, saltwater intrusion, and natural systems due to reduced flows or levels.
Additionally, water management districts are authorized to reserve water from use, even from existing consumptive use permits, for the protection of fish, wildlife, or public health and safety.
In the four water management districts containing springs, a permit has not been denied for the potential to cause harm to the water resources in over a decade.
Minimum Flows and Levels (MFLs) - Water Management Districts:
The limit at which further withdrawals would be significantly harmful to the water resources or ecology of an area.
Minimum flows are applicable to rivers, streams, estuaries, and springs.
Minimum levels are developed for lakes, wetlands, and aquifers.
Water management districts were required to adopt minimum flow rules for all Outstanding Florida Springs, except those in the Northwest Florida Water Management District, in 2016 by the Florida Springs and Aquifer Protection Act.
MFLs do not contain any regulations, they are simply a determination of when significant harm due to water withdrawals would occur.
MFL Recovery & Prevention Plans - DEP/WMDs:
Where MFLs are being violated and significant harm is occurring, or is projected to occur within 20 years, DEP or the WMDs are required to develop and adopt a recovery or prevention strategy.
MFL recovery strategies are for waterbodies already experiencing significant harm, while prevention strategies are for waterbodies projected to suffer significant harm during the next 20 years.
MFL recovery or prevention strategies that are implemented with a single water management district are adopted by that district. Strategies that apply across multiple districts are adopted by the Department of Environmental Protection.
For Outstanding Florida Springs, MFL recovery plans must restore spring flow to the point where significant harm is not occurring within 20 years.
Recovery or Prevention Strategies can include a combination of regulatory measures, like stronger rules for water use permits and requirements for existing users to offset their harm by reducing water use; water conservation requirements; and water resource development projects to make more water available.
DEP is currently finalizing the first post-Florida Springs and Aquifer Protection Act MFL Recovery Strategy for the Santa Fe River and Springs. The Santa Fe MFL Recovery Strategy requires no reductions or offsets of existing water uses and relies heavily on a multi-billion project to pump treated wastewater from Jacksonville to the Santa Fe River Basin.
Springs Protection Zones - Florida Fish and Wildlife Conservation Commission:
In 2020, the Florida Legislature passed a law allowing FWC to adopt springs protection zones to prevent harm to springs and springruns from boating, anchoring, mooring, and beaching, including restricting the speed and operation of boats.
FWC adopted rules to implement the program in 2021 and two Springs Protection Zones were put into place: Nichols Spring and Weeki Wachee Spring and River.
Local advocates and government agencies have pushed for spring protection zones in other springs and springruns including Ichetucknee, Rainbow, and Silver Glen.
During the 2025 Session, lawmakers reversed course, establishing nearly impossible to meet criteria that to adopt a springs protection zone requires FWC to determine that vessels are the predominant source of negative impacts to the spring or spring-run.
Best Management Practices (BMPs) - Florida Department of Agriculture and Consumer Services:
Practices agricultural producers are required to follow within areas with Basin Management Action Plans in order to protect water resources.
BMPs can include limits on fertilizer application, fencing off sinkholes from cattle, the use of cover crops, and many other practices that benefit producers and the environment.
If an agriculture producer chooses not to implement BMPs, they are required to conduct water quality monitoring to ensure that they are not causing harm to water resources.
To date, no producer has chosen to conduct water quality monitoring.
Best Management Practices are required to reduce nutrient pollution to the point that agriculture is not causing violations of water quality standards.
In exchange for implementing best management practices, producers are granted a presumption of compliance with all water quality laws and, for at least the next 12 months, they are also presumed to be in compliance with all minimum flow and level recovery or prevention strategies.
FDACS is responsible for adopting BMPs, enrolling producers, and verifying that the BMPs are being implemented as described in the rule. The Clean Waterways Act required that FDACS conduct an implementation visit for each producer enrolled in Best Management Practices at least every two years.
BMPs are adopted by reference into each Basin Management Action Plan.
Comprehensive Plans & Zoning - Local Governments:
Every local government in Florida is required to adopt a comprehensive plan which provides the foundation for land use decisions within its boundaries.
Determine what kind of land uses, for instance residential, industrial, commercial, agricultural, or conservation, will be allowed on a parcel of land and the density and characteristics of development.
Important environmental tools that set the minimum environmental standards that apply to developments in the different land use classifications.
Aside from an ever growing number of statewide preemptions stripping local governments of home rule authority, local governments have wide discretion over how their local communities grow.
All comprehensive plans are not equal–Some local governments have really good comprehensive plans that are designed to protect rural areas, protect our natural environment, and make for livable, walkable communities. And, we have other comprehensive plans that don't do any of those things.
Some local governments, like Orange County, have established rural boundaries to prevent urban sprawl, direct new development into already developed areas, and protect rural areas and critical environmental resources.
Include a “Future Land Use Map” that is a long-term vision for the community. Zoning implements the comprehensive plan through specific regulations on land use.
Local Ordinances - Local Governments:
With the exception of state preemptions, there are a number of rules and ordinances that local governments can enact to protect water resources: setbacks from waterways, irrigation restrictions, septic tank restrictions, and, possibly most notably, urban fertilizer ordinances.
All local governments within a Basin Management Action Plan are required to adopt an urban fertilizer ordinance, but not all urban fertilizer ordinances are equally effective.
Many local governments have adopted the minimum ordinance developed by the Florida Department of Environmental Protection, which does not include any blackout period, requirements for slow release fertilizer, or other essential elements of a strong, protective ordinance.
However, some local governments have stepped up, and over 18 counties and more than 110 municipalities have adopted strong ordinances that contain blackout periods when most conventional fertilizer use is prohibited.
Alachua County’s fertilizer ordinance, one of the strongest in the state, has an eight month blackout period and a requirement that all fertilizer be at least 50% slow release.