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File #: 26-0228    Version: 1 Name: Discussion and Possible Direction Regarding Pursuing an Outstanding Florida Spring (OFS) Designation for Warm Mineral Springs
Type: General Business Status: Agenda Ready
File created: 12/11/2025 In control: City Commission Regular Meeting
On agenda: 1/13/2026 Final action:
Title: Discussion and Possible Action Regarding Pursuing an Outstanding Spring Designation for Warm Mineral Springs.
Attachments: 1. Presentation, 2. Warm Mineral Springs OFS Memorandum (May 1, 2025), 3. Memo Regarding HB 1505 WMS as OFS (March 9, 2023), 4. FS 373 Part VIII Florida Springs and Aquifer Protection Act, 5. Overview of Springs & Aquifer Protection Act Requirements, 6. Resolution 2021-R-26, 7. Resolution 2022-R-75, 8. Letter from Myakka River Management Council, 9. Warm Mineral Springs FAQ Sheet
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TO:                                           Honorable Mayor & Members of the North Port Commission

FROM:                     A. Jerome Fletcher II, ICMA-CM, MPA, City Manager

TITLE:                     Discussion and Possible Action Regarding Pursuing an Outstanding Florida Spring Designation for Warm Mineral Springs.

Recommended Action

Option 2: Continue utilizing local protection measures instead of pursuing the Outstanding Florida Spring (OFS) designation for Warm Mineral Springs (WMS).

City Commission Options

Option 1: Pursue legislative action to designate Warm Mineral Springs as an Outstanding Florida Spring.

                     Pros:

o                     Establishes statewide recognition of Warm Mineral Springs (WMS).

o                     Could enable long-term regional coordination on water quality and water quantity management.

o                     Implements mandatory restoration actions if future impairment occurs, including Basin Management Action Plans (BMAP) strategies and nutrient reduction projects.

o                     May strengthen public awareness and environmental stewardship for WMS.

                     Cons:

o                     WMS is a third-magnitude spring and does not currently meet automatic OFS criteria, requiring legislative amendment and potentially broad regional support.

o                     The OFS designation does not guarantee additional funding, and most applicable grants are already accessible to the City.

o                     If a BMAP is triggered, it may impose costly regulatory requirements on the City of North Port and surrounding municipalities and Counties, including wastewater, stormwater, and potential septic-to-sewer mandates.

o                     Could impose restrictions on development and other activities around , including potential swimming or water-use limitations.

o                     Would require long-term administrative workload for monitoring, reporting, and multi-jurisdictional coordination.

Option 2: Continue utilizing local protection measures instead of pursuing Outstanding Florida Spring designation.

                     Pros:

o                     Provides greater flexibility to tailor protections to the City’s specific needs and conditions.

o                     Avoids the regulatory burden and fiscal obligations associated with a BMAPs or Minimum Flows and Levels (MFL) framework.

o                     Enables the City to move forward immediately with local strategies such as conservation easements, stormwater retrofits, and resilience grants.

o                     Supports ongoing efforts to protect adjacent 60-acre uplands via conservation easement, aligning with community preferences for land preservation.

o                     Eliminates the need for legislative action and multi-county coalition, which may be difficult to achieve.

                     Cons:

o                     Does not provide the heightened regulatory framework associated with OFS designation.

o                     Places responsibility solely on the City to maintain long-term management commitments.

Option 3: Reevaluate Outstanding Florida Spring designation in the future, pending additional water quality and quantity data.

                     Pros:

o                     Allows time for additional groundwater studies, water-quality sampling, and hydrologic modeling to better determine long-term needs.

o                     Ensures decisions are based on updated scientific evidence.

o                     Provides opportunity for discussions with Florida Department of Environmental Protection (FDEP), Southwest Florida Water Management District (SWFWMD), Sarasota County, and neighboring jurisdictions before committing to a multi-decade framework.

                     Cons:

o                     Postpones potential legislative opportunities and may delay long-term regional planning.

o                     Does not immediately formalize state-level protection efforts.

Background Information

During ongoing discussions regarding a conservation easement for the City-owned property surrounding Warm Mineral Springs (WMS), the City Commission sought additional information regarding the designation of WMS as an Outstanding Florida Springs (OFS).

WMS is a third-magnitude artesian spring located within the Myakka River Basin and the Southern West-Central Florida Groundwater Basin. The site holds ecological, archaeological, and cultural significance, supporting gopher tortoises, manatees, and sensitive karst hydrology.

The Florida Springs and Aquifer Protection Act (2016) created the OFS program, which applies to first- and second-magnitude springs only unless individually added by legislative amendment, and was created to impose state-level regulatory protection of these resources. WMS does not automatically qualify for the OFS program and would require statutory revision supported by a regional coalition of municipalities and counties.

If WMS were designated as an OFS, the Florida Department of Environmental Protection (FDEP) would be required to evaluate water quality and water quantity impairment status and, if impaired or in the future becomes impaired, develop a Basin Management Action Plan (BMAP). BMAPs mandate pollutant reductions, septic remediation where needed, nutrient management strategies, wastewater and stormwater upgrades, agricultural best management practices, and hydrologic monitoring over 5-, 10-, 15-, and 20-year timelines. Impacts would likely extend to Venice, Sarasota County, Englewood, and Port Charlotte due to regional spring shed boundaries.

Minimum Flows and Levels (MFLs) would also be required for WMS under OFS status and may affect groundwater withdrawals in the region. Currently, no MFL is required because WMS is not impaired and is not designated as OFS.

During an April 15, 2025, FDEP meeting, City staff were advised that an OFS designation does not guarantee additional protection or funding, and its effectiveness depends on the presence of an impairment issue and potential funding opportunities to correct conditions contributing to such impairments. FDEP staff further noted that the City can address local environmental concerns through its own ordinances and conservation strategies without undergoing the state OFS process.

Staff identified alternative protective measures that provide flexibility, including implementation of conservation measures for the 60-acre conservation easement property, seeking resilience and water-quality grants, and continuing partnerships with the SWFWMD, FDEP, United States Geological Survey, and other agencies.

Strategic Plan Pillar

Environmental Resiliency & Sustainability

Financial Impact

Financial obligations would depend on whether Warm Mineral Springs becomes impaired and triggers a BMAP requirement.

Potential costs include:

                     Wastewater and stormwater infrastructure upgrades.

                     Septic-to-sewer conversion or nitrogen-reducing system requirements.

                     Monitoring wells, sampling programs, and hydrologic modeling.

                     Long-term reporting and compliance coordination.

Municipalities participating in existing OFS BMAPs have reported long-term project costs ranging from $10 million to $40+ million over 20 years. These expenditures would likely require multi-jurisdictional coordination with Sarasota County and other communities in the spring shed.

Local protection measures, by contrast, allow the City to control costs, phase investments, and pursue external funding opportunities without mandatory match requirements.

Procurement

Any infrastructure upgrades, engineering studies, or environmental monitoring needs that arise from OFS designation or local protection measures would follow the City’s Procurement Code.

Attachments:

1.                     Presentation

2.                     Warm Mineral Springs OFS Memorandum (May 1, 2025)

3.                     Memo Regarding HB 1505 WMS as OFS (March 9, 2023)

4.                     FS 373 Part VIII Florida Springs and Aquifer Protection Act

5.                     Overview of Springs & Aquifer Protection Act Requirements

6.                     Resolution 2021-R-26

7.                     Resolution 2022-R-75

8.                     Letter from Myakka River Management Council

9.                     Warm Mineral Springs FAQ Sheet

 

Prepared by:                     Shanell Bosch, Environmental Planner, Development Services Department

Stefan Kalev, Natural Resources Manager, Development Services Department

Lori Barnes, AICP, CPM, Deputy Director, Development Services Department

 

Department Director:                     Alaina Ray, AICP, Director, Development Services Department