PolicyBrief
H.R. 3818
119th CongressJun 6th 2025
Stop Poisoning Florida Act
IN COMMITTEE

This act prohibits the release of toxic water containing excessive microcystins from Lake Okeechobee through specified structures based on EPA recreational safety standards.

Brian Mast
R

Brian Mast

Representative

FL-21

LEGISLATION

Stop Poisoning Florida Act Mandates Immediate Halt to Toxic Lake Okeechobee Discharges Based on EPA Safety Levels

The “Stop Poisoning Florida Act” is laser-focused on one thing: keeping toxic water from Lake Okeechobee out of Florida’s downstream estuaries and rivers. Specifically, the bill mandates that the Secretary of the Army (acting through the Chief of Engineers) must immediately stop releasing water from the lake through the S308 and S80 lock and dam structures if that water contains “too much microcystins.” The trigger for this halt is clear: if the microcystin toxin levels exceed the safety guidelines set by the Environmental Protection Agency (EPA) for recreational water use, the gates must close. This mandatory shutdown relies on testing conducted by the Secretary, another federal agency, or the State of Florida itself.

The Toxin Trigger: What This Means for Your Summer Plans

This is a big deal because it takes the decision out of the hands of water managers and makes it mandatory when public safety standards are breached. Microcystins are toxins produced by harmful algal blooms—the nasty blue-green sludge that can make people and pets sick and devastate local ecosystems. If the water is too toxic for you to swim in, this bill says it can’t be released into the rivers and estuaries where people live, boat, and fish. For residents and business owners along the Caloosahatchee and St. Lucie rivers, this is a clear win for public health and local economies reliant on clean water.

Who’s on the Hook for Testing?

The bill is specific about who can trigger the shutdown: the Secretary of the Army, another federal agency, or the State of Florida. This shared responsibility for testing is designed to ensure that the prohibition can be enforced quickly. However, this is where things get a little hazy. Relying on multiple agencies for testing could lead to coordination headaches or disputes over results, potentially slowing down the mandatory halt. Imagine a scenario where the state’s test shows the water is toxic, but the Army Corps’ test is inconclusive—who wins? The bill doesn't iron out those potential inter-agency conflicts, which could cause delays when every hour counts during a toxic bloom.

The Flood Control Catch-22

The biggest practical challenge lies in the Army Corps of Engineers' dual mandate: managing water quality and preventing massive flooding. When Lake Okeechobee water levels get high, the Corps sometimes has to release water to protect the integrity of the dike and prevent flooding in surrounding communities. This bill mandates stopping the discharge if toxins are present, based on recreational safety. But what happens if the lake is dangerously high, toxins are present, and the Corps needs to release water to prevent a catastrophic flood? The bill prioritizes public health via toxin prohibition but doesn't explicitly state which mandate takes precedence in a true flood emergency. Entities relying on controlled releases for irrigation or navigation might also face disruptions if the gates are closed for extended periods, even if the water levels are manageable.

Overall, the Stop Poisoning Florida Act provides a clear, measurable safety tripwire for preventing the release of toxic water, directly benefiting public health and the environment. It sets a necessary boundary, even if the implementation will require careful navigation around existing flood control responsibilities.