Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1698
       
       
       
       
       
       
                                Barcode 369170                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/11/2011           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (5), and (6), of section
    6  381.0065, Florida Statues, as amended by chapter 2010-283, Laws
    7  of Florida, are amended, present paragraphs (b) through (p) of
    8  subsection (2) of that section are redesignated as paragraphs
    9  (c) through (q), respectively, a new paragraph (b) is added to
   10  that subsection, and paragraphs (w), (x), (y), and (z) are added
   11  to subsection (4) of that section, to read:
   12         381.0065 Onsite sewage treatment and disposal systems;
   13  regulation.—
   14         (1) LEGISLATIVE INTENT.—
   15         (a) It is the intent of the Legislature that proper
   16  management of onsite sewage treatment and disposal systems is
   17  paramount to the health, safety, and welfare of the public. It
   18  is further the intent of the Legislature that the department
   19  shall administer an evaluation program to ensure the operational
   20  condition of the system and identify any failure with the
   21  system.
   22         (b) It is the intent of the Legislature that where a
   23  publicly owned or investor-owned sewerage system is not
   24  available, the department shall issue permits for the
   25  construction, installation, modification, abandonment, or repair
   26  of onsite sewage treatment and disposal systems under conditions
   27  as described in this section and rules adopted under this
   28  section. It is further the intent of the Legislature that the
   29  installation and use of onsite sewage treatment and disposal
   30  systems not adversely affect the public health or significantly
   31  degrade the groundwater or surface water.
   32         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   33  term:
   34         (b) “Bedroom” means a room that can be used for sleeping
   35  which, for site-built dwellings, has a minimum 70 square feet of
   36  conditioned space, or, for manufactured homes constructed to HUD
   37  standards, has a minimum square footage of 50 square feet of
   38  floor area and is located along an exterior wall, has a closet
   39  and a door or an entrance where a door could be reasonably
   40  installed, and an emergency means of escape and rescue opening
   41  to the outside. A room may not be considered a bedroom if it is
   42  used to access another room, unless the room that is accessed is
   43  a bathroom or closet and does not include a hallway, bathroom,
   44  kitchen, living room, family room, dining room, den, breakfast
   45  nook, pantry, laundry room, sunroom, recreation room,
   46  media/video room, or exercise room. For the purpose of
   47  determining system capacity, occupancy is calculated at a
   48  maximum of two persons per bedroom.
   49         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   50  construct, repair, modify, abandon, or operate an onsite sewage
   51  treatment and disposal system without first obtaining a permit
   52  approved by the department. The department may issue permits to
   53  carry out this section, but shall not make the issuance of such
   54  permits contingent upon prior approval by the Department of
   55  Environmental Protection, except that the issuance of a permit
   56  for work seaward of the coastal construction control line
   57  established under s. 161.053 shall be contingent upon receipt of
   58  any required coastal construction control line permit from the
   59  Department of Environmental Protection. A construction permit is
   60  valid for 18 months from the issuance date and may be extended
   61  by the department for one 90-day period under rules adopted by
   62  the department. A repair permit is valid for 90 days from the
   63  date of issuance. An operating permit must be obtained prior to
   64  the use of any aerobic treatment unit or if the establishment
   65  generates commercial waste. Buildings or establishments that use
   66  an aerobic treatment unit or generate commercial waste shall be
   67  inspected by the department at least annually to assure
   68  compliance with the terms of the operating permit. The operating
   69  permit for a commercial wastewater system is valid for 1 year
   70  from the date of issuance and must be renewed annually. The
   71  operating permit for an aerobic treatment unit is valid for 2
   72  years from the date of issuance and must be renewed every 2
   73  years. If all information pertaining to the siting, location,
   74  and installation conditions or repair of an onsite sewage
   75  treatment and disposal system remains the same, a construction
   76  or repair permit for the onsite sewage treatment and disposal
   77  system may be transferred to another person, if the transferee
   78  files, within 60 days after the transfer of ownership, an
   79  amended application providing all corrected information and
   80  proof of ownership of the property. There is no fee associated
   81  with the processing of this supplemental information. A person
   82  may not contract to construct, modify, alter, repair, service,
   83  abandon, or maintain any portion of an onsite sewage treatment
   84  and disposal system without being registered under part III of
   85  chapter 489. A property owner who personally performs
   86  construction, maintenance, or repairs to a system serving his or
   87  her own owner-occupied single-family residence is exempt from
   88  registration requirements for performing such construction,
   89  maintenance, or repairs on that residence, but is subject to all
   90  permitting requirements. A municipality or political subdivision
   91  of the state may not issue a building or plumbing permit for any
   92  building that requires the use of an onsite sewage treatment and
   93  disposal system unless the owner or builder has received a
   94  construction permit for such system from the department. A
   95  building or structure may not be occupied and a municipality,
   96  political subdivision, or any state or federal agency may not
   97  authorize occupancy until the department approves the final
   98  installation of the onsite sewage treatment and disposal system.
   99  A municipality or political subdivision of the state may not
  100  approve any change in occupancy or tenancy of a building that
  101  uses an onsite sewage treatment and disposal system until the
  102  department has reviewed the use of the system with the proposed
  103  change, approved the change, and amended the operating permit.
  104         (w) Any permit issued and approved by the department for
  105  the installation, modification, or repair of an onsite sewage
  106  treatment and disposal system shall transfer with the title to
  107  the property. A title is not encumbered at the time of transfer
  108  by new permit requirements by a governmental entity for an
  109  onsite sewage treatment and disposal system which differ from
  110  the permitting requirements in effect at the time the system was
  111  permitted, modified, or repaired.
  112         (x) An onsite sewage treatment and disposal system is not
  113  considered abandoned if the properly functioning onsite sewage
  114  treatment and disposal system is disconnected from a structure
  115  that was made unusable or destroyed following a disaster and the
  116  system was not adversely affected by the disaster. The onsite
  117  system may be reconnected to a rebuilt structure if:
  118         1. The reconnection of the onsite sewage treatment and
  119  disposal system is to the same type and approximate size of
  120  rebuilt structure that existed prior to the disaster;
  121         2. The onsite sewage treatment and disposal system is not a
  122  sanitary nuisance; and
  123         3. The onsite sewage treatment and disposal system has not
  124  been altered without prior authorization.
  125  
  126         An onsite sewage treatment and disposal system that serves
  127  a property that is foreclosed upon is not an abandoned system.
  128         (y) If an onsite sewage treatment and disposal system
  129  permittee receives, relies upon, and undertakes construction of
  130  a system based upon a validly issued construction permit under
  131  rules applicable at the time of construction, but a change to a
  132  rule occurs after the approval of the system for construction
  133  but before the final approval of the system, the rules
  134  applicable and in effect at the time of construction approval
  135  apply at the time of final approval if fundamental site
  136  conditions have not changed between the time of construction
  137  approval and final approval.
  138         (z) A modification, replacement, or upgrade of an onsite
  139  sewage treatment and disposal system is not required for a
  140  remodeling addition to a single-family home if a bedroom is not
  141  added.
  142         (5) EVALUATION AND ASSESSMENT.—
  143         (a) Beginning July 1, 2011, the department shall administer
  144  an onsite sewage treatment and disposal system evaluation
  145  program for the purpose of assessing the fundamental operational
  146  condition of systems and identifying any failures within the
  147  systems. The department shall adopt rules implementing the
  148  program standards, procedures, and requirements, including, but
  149  not limited to, a schedule for a 5-year evaluation cycle,
  150  requirements for the pump-out of a system or repair of a failing
  151  system, enforcement procedures for failure of a system owner to
  152  obtain an evaluation of the system, and failure of a contractor
  153  to timely submit evaluation results to the department and the
  154  system owner. The department shall ensure statewide
  155  implementation of the evaluation and assessment program by
  156  January 1, 2016.
  157         (b) Owners of an onsite sewage treatment and disposal
  158  system, excluding a system that is required to obtain an
  159  operating permit, shall have the system evaluated at least once
  160  every 5 years to assess the fundamental operational condition of
  161  the system, and identify any failure within the system.
  162         (c) All evaluation procedures must be documented and
  163  nothing in this subsection limits the amount of detail an
  164  evaluator may provide at his or her professional discretion. The
  165  evaluation must include a tank and drainfield evaluation, a
  166  written assessment of the condition of the system, and, if
  167  necessary, a disclosure statement pursuant to the department’s
  168  procedure.
  169         (d)1. Systems being evaluated that were installed prior to
  170  January 1, 1983, shall meet a minimum 6-inch separation from the
  171  bottom of the drainfield to the wettest season water table
  172  elevation as defined by department rule. All drainfield repairs,
  173  replacements or modifications to systems installed prior to
  174  January 1, 1983, shall meet a minimum 12-inch separation from
  175  the bottom of the drainfield to the wettest season water table
  176  elevation as defined by department rule.
  177         2. Systems being evaluated that were installed on or after
  178  January 1, 1983, shall meet a minimum 12-inch separation from
  179  the bottom of the drainfield to the wettest season water table
  180  elevation as defined by department rule. All drainfield repairs,
  181  replacements or modification to systems developed on or after
  182  January 1, 1983, shall meet a minimum 24-inch separation from
  183  the bottom of the drainfield to the wettest season water table
  184  elevation.
  185         (e) If documentation of a tank pump-out or a permitted new
  186  installation, repair, or modification of the system within the
  187  previous 5 years is provided, and states the capacity of the
  188  tank and indicates that the condition of the tank is not a
  189  sanitary or public health nuisance pursuant to department rule,
  190  a pump-out of the system is not required.
  191         (f) Owners are responsible for paying the cost of any
  192  required pump-out, repair, or replacement pursuant to department
  193  rule, and may not request partial evaluation or the omission of
  194  portions of the evaluation.
  195         (g) Each evaluation or pump-out required under this
  196  subsection must be performed by a septic tank contractor or
  197  master septic tank contractor registered under part III of
  198  chapter 489, a professional engineer with wastewater treatment
  199  system experience licensed pursuant to chapter 471, or an
  200  environmental health professional certified under chapter 381 in
  201  the area of onsite sewage treatment and disposal system
  202  evaluation.
  203         (h) The evaluation report fee collected pursuant to s.
  204  381.0066(2)(b) shall be remitted to the department by the
  205  evaluator at the time the report is submitted.
  206         (i) Prior to any evaluation deadline, the department must
  207  provide a minimum of 60 days’ notice to owners that their
  208  systems must be evaluated by that deadline. The department may
  209  include a copy of any homeowner educational materials developed
  210  pursuant to this section which provides information on the
  211  proper maintenance of onsite sewage treatment and disposal
  212  systems.
  213         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  214         (a) Department personnel who have reason to believe
  215  noncompliance exists, may at any reasonable time, enter the
  216  premises permitted under ss. 381.0065-381.0066, or the business
  217  premises of any septic tank contractor or master septic tank
  218  contractor registered under part III of chapter 489, or any
  219  premises that the department has reason to believe is being
  220  operated or maintained not in compliance, to determine
  221  compliance with the provisions of this section, part I of
  222  chapter 386, or part III of chapter 489 or rules or standards
  223  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  224  part III of chapter 489. As used in this paragraph, the term
  225  “premises” does not include a residence or private building. To
  226  gain entry to a residence or private building, the department
  227  must obtain permission from the owner or occupant or secure an
  228  inspection warrant from a court of competent jurisdiction.
  229         (b)1. The department may issue citations that may contain
  230  an order of correction or an order to pay a fine, or both, for
  231  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  232  part III of chapter 489 or the rules adopted by the department,
  233  when a violation of these sections or rules is enforceable by an
  234  administrative or civil remedy, or when a violation of these
  235  sections or rules is a misdemeanor of the second degree. A
  236  citation issued under ss. 381.0065-381.0067, part I of chapter
  237  386, or part III of chapter 489 constitutes a notice of proposed
  238  agency action.
  239         2. A citation must be in writing and must describe the
  240  particular nature of the violation, including specific reference
  241  to the provisions of law or rule allegedly violated.
  242         3. The fines imposed by a citation issued by the department
  243  may not exceed $500 for each violation. Each day the violation
  244  exists constitutes a separate violation for which a citation may
  245  be issued.
  246         4. The department shall inform the recipient, by written
  247  notice pursuant to ss. 120.569 and 120.57, of the right to an
  248  administrative hearing to contest the citation within 21 days
  249  after the date the citation is received. The citation must
  250  contain a conspicuous statement that if the recipient fails to
  251  pay the fine within the time allowed, or fails to appear to
  252  contest the citation after having requested a hearing, the
  253  recipient has waived the recipient’s right to contest the
  254  citation and must pay an amount up to the maximum fine.
  255         5. The department may reduce or waive the fine imposed by
  256  the citation. In determining whether to reduce or waive the
  257  fine, the department must consider the gravity of the violation,
  258  the person’s attempts at correcting the violation, and the
  259  person’s history of previous violations including violations for
  260  which enforcement actions were taken under ss. 381.0065
  261  381.0067, part I of chapter 386, part III of chapter 489, or
  262  other provisions of law or rule.
  263         6. Any person who willfully refuses to sign and accept a
  264  citation issued by the department commits a misdemeanor of the
  265  second degree, punishable as provided in s. 775.082 or s.
  266  775.083.
  267         7. The department, pursuant to ss. 381.0065-381.0067, part
  268  I of chapter 386, or part III of chapter 489, shall deposit any
  269  fines it collects in the county health department trust fund for
  270  use in providing services specified in those sections.
  271         8. This section provides an alternative means of enforcing
  272  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  273  chapter 489. This section does not prohibit the department from
  274  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  275  III of chapter 489, or its rules, by any other means. However,
  276  the department must elect to use only a single method of
  277  enforcement for each violation.
  278         Section 2. Section 381.00651, Florida Statutes, is created
  279  to read:
  280         381.00651 Periodic evaluation and assessment of onsite
  281  sewage treatment and disposal systems.—
  282         (1) Effective January 1, 2012, any county or municipality
  283  that does not opt out of this section shall adopt by ordinance
  284  the local onsite sewage treatment and disposal system evaluation
  285  and assessment program within all or part of its geographic area
  286  which meets the requirements of this subsection. The county or
  287  municipality shall notify the Secretary of State and the local
  288  county health department by letter of the adoption of such an
  289  ordinance pursuant to this section. The program shall be
  290  administered by the county health department pursuant to
  291  subsection (3). By a majority of the local elected body, a
  292  county or municipality may opt out of the requirements of this
  293  section at any time before January 1, 2012, by adopting a
  294  separate resolution. The resolution shall be directed to and
  295  filed with the Secretary of State and shall state the intent of
  296  the county or municipality not to adopt an onsite sewage
  297  treatment and disposal system evaluation and assessment program.
  298  A county or municipality may subsequently adopt an ordinance
  299  imposing an onsite sewage treatment and disposal system
  300  evaluation and assessment program if the program meets the
  301  requirements of this subsection. A county or municipality may
  302  repeal an ordinance adopted pursuant to this section if the
  303  county or municipality notifies the Secretary of State by letter
  304  of the repeal. Any county identified as having a first magnitude
  305  spring within its boundaries is prohibited from opting out of
  306  this section. The local ordinances may not deviate from or
  307  exceed the substantive requirements of this subsection. Such
  308  adopted ordinance shall include the following:
  309         (a) Evaluations.—An evaluation of any septic tank within
  310  all or part of the county’s or municipality’s jurisdiction must
  311  take place once every 5 years to assess the fundamental
  312  operational condition of the system and to identify system
  313  failures. The ordinance may not mandate an evaluation at the
  314  point of sale in a real estate transaction and may not require a
  315  soil examination. The location of the system shall be
  316  identified. A tank and drainfield evaluation and a written
  317  assessment of the overall condition of the system pursuant to
  318  the assessment procedure prescribed in paragraph (2)(d) are
  319  required.
  320         (b) Qualified contractors.—Each evaluation required under
  321  this subsection must be performed by a septic tank contractor or
  322  master septic tank contractor registered under part III of
  323  chapter 489, a professional engineer having wastewater treatment
  324  system experience and licensed pursuant to chapter 471, or an
  325  environmental health professional certified under this chapter
  326  in the area of onsite sewage treatment and disposal system
  327  evaluation. Evaluations and pump outs may also be performed by
  328  an authorized employee working under the supervision of the
  329  individuals listed in this paragraph; however, all evaluation
  330  forms must be written or electronically signed by a qualified
  331  contractor.
  332         (c) Repair of systems.—The local ordinance may not require
  333  a repair, modification, or replacement of a system as a result
  334  of an evaluation unless the evaluation identifies a system
  335  failure. For purposes of this subsection, the term “system
  336  failure” is defined as a condition existing within an onsite
  337  sewage treatment and disposal system which results in the
  338  discharge of untreated or partially treated wastewater onto the
  339  ground surface or into surface water, or which results in a
  340  sanitary nuisance caused by the failure of building plumbing to
  341  discharge properly. A system is not a failure if the system does
  342  not have a minimum separation distance between the drainfield
  343  and the wet season water table, or if an obstruction in a
  344  sanitary line or an effluent screen or filter prevents effluent
  345  from flowing into a drainfield. If a system failure is
  346  identified and several remedial options are available to resolve
  347  the failure, the local ordinance may not require more than the
  348  least costly remedial measure to resolve the system failure. The
  349  homeowner may choose the remedial measure to fix the system.
  350  There may be instances in which a pump out is sufficient to
  351  resolve a system failure. Remedial measures to resolve a system
  352  failure must meet the requirements in effect at the times
  353  specified in section 381.0065(4)(g).
  354         (d) Exemptions.—The local ordinance shall exempt from the
  355  evaluation requirements any system that is required to obtain an
  356  operating permit pursuant to state law or that is inspected by
  357  the department pursuant to the annual permit inspection
  358  requirements of chapter 513.
  359         (2) The following procedures shall be used for conducting
  360  evaluations:
  361         (a) Tank evaluation.—The tank evaluation shall assess the
  362  apparent structural condition and water tightness of the tank
  363  and shall estimate the size of the tank. The evaluation must
  364  include a pump out. However, an ordinance may not require a pump
  365  out if there is documentation that a tank pump out or a
  366  permitted new installation, repair, or modification of the
  367  system has occurred within the previous 5 years, and that
  368  identifies the capacity of the tank and indicates that the
  369  condition of the tank is structurally sound and watertight.
  370  Visual inspection of the tank must be made when the tank is
  371  empty to detect cracks, leaks, or other defects. Baffles or tees
  372  must be checked to ensure that they are intact and secure. The
  373  evaluation shall note the presence and condition of outlet
  374  devices, effluent filters, and compartment walls; any structural
  375  defect in the tank; and the condition and fit of the tank lid,
  376  including manholes. If the tank, in the opinion of the qualified
  377  contractor, is in danger of being damaged by leaving the tank
  378  empty after inspection, the tank shall be refilled before
  379  concluding the inspection.
  380         (b) Drainfield evaluation.—The drainfield evaluation must
  381  include a determination of the approximate size and location of
  382  the drainfield. The evaluation shall state the condition of
  383  surface vegetation, identify whether there is any sewage or
  384  effluent visible on the ground or discharging to a ditch or
  385  other water body, and identify the location of any downspout or
  386  other source of water near or in the vicinity of the drainfield.
  387         (c) Special circumstances.—If the system contains pumps,
  388  siphons, or alarms, the following information must be provided:
  389         1. An assessment of dosing tank integrity, including the
  390  approximate volume and the type of material used in
  391  construction;
  392         2. Whether the pump is elevated off of the bottom of the
  393  chamber and its operational status;
  394         3. Whether there are a check valve and purge hole; whether
  395  there is a high-water alarm, including whether the type of alarm
  396  is audio or visual or both, the location of the alarm, and its
  397  operational condition; and whether electrical connections appear
  398  satisfactory; and
  399         4. Whether surface water can infiltrate into the tank and
  400  whether the tank was pumped out.
  401         (d) Assessment procedure.—All evaluation procedures used by
  402  a qualified contractor shall be documented. The qualified
  403  contractor shall provide a copy of a written, signed evaluation
  404  report to the property owner upon completion of the evaluation,
  405  to the county health department within 30 days of the
  406  evaluation. The report shall contain the name and license number
  407  of the company providing the report. A copy of the evaluation
  408  report shall be retained by the local county health department
  409  for a minimum of 5 years until a subsequent inspection report is
  410  filed. The front cover of the report must identify any system
  411  failure and include a clear and conspicuous notice to the owner
  412  that the owner has a right to have any remediation of the
  413  failure performed by a qualified contractor other than the
  414  contractor performing the evaluation. The report must further
  415  identify any crack, leak, improper fit or other defect in the
  416  tank, manhole, or lid, and any other damaged or missing
  417  component; any sewage or effluent visible on the ground or
  418  discharging to a ditch or other surface water body; any
  419  downspout, stormwater or other source of water directed onto or
  420  toward the system and any other maintenance need or condition of
  421  the system at the time of the evaluation which, in the opinion
  422  of the qualified contractor, would possibly interfere with or
  423  restrict any future repair or modification to the existing
  424  system. The report shall conclude with an overall assessment of
  425  the fundamental operational condition of the system.
  426         (3) It shall be the responsibility of the county health
  427  department to administer any evaluation program on behalf of a
  428  county, or a local government within the county, that has
  429  adopted an evaluation program pursuant to this section. In order
  430  to administer the evaluation program a local government, in
  431  consultation with the county health department, may develop a
  432  reasonable fee schedule to be used solely to pay for the costs
  433  of administering the evaluation program. Such fee schedule shall
  434  be identified in the local ordinance which adopts the evaluation
  435  program. When arriving at a reasonable fee schedule, the
  436  estimated annual revenues to be derived from fees shall not
  437  exceed reasonable estimated annual costs of the program. Fees
  438  shall be assessed to the septic tank owner during an inspection
  439  and separately identified on the invoice of the qualified
  440  contractor. Fees shall be remitted by the qualified contractor
  441  to the county health department. The county health department’s
  442  administrative responsibility includes the following:
  443         (a) Providing a notice to the septic tank owner at least 60
  444  days before the septic tank is due for an evaluation. The notice
  445  may include information on the proper maintenance of onsite
  446  sewage treatment and disposal systems.
  447         (b) The county health department, in consultation with the
  448  Department of Health, shall provide uniform disciplinary
  449  procedures and penalties for qualified contractors who do not
  450  comply with the requirements of the adopted ordinance, including
  451  but not limited to failure to provide the evaluation report as
  452  required herein to the septic tank owner and the county health
  453  department and may also assess penalties against septic tank
  454  owners for compliance failures with the adopted ordinance,
  455  consistent with existing requirements of law.
  456         (c) Developing its own database and tracking systems to
  457  encompass evaluations programs adopted by the county and/or
  458  cities within its jurisdiction. The database shall be used to
  459  collect, store and index information obtained from the
  460  evaluation reports filed by the qualified contractor with the
  461  county health department. The tracking system must include the
  462  ability to collect and store:
  463         1. The description, addresses or locations of the onsite
  464  systems;
  465         2. An inventory of the number of onsite systems within the
  466  local jurisdiction;
  467         3. The total number and types of system failures; and
  468         4. Any other trends deemed relevant by the county health
  469  department resulting from an assessment and evaluation of the
  470  overall condition of systems.
  471  
  472  The tracking system may be Internet-based and may be designed to
  473  be used by contractors to report all service and evaluation
  474  events and by the county health department to notify homeowners
  475  when evaluations are due. Data and information shall be recorded
  476  and updated as service and evaluations are conducted and
  477  reported
  478         (4) A county or municipality that adopts an onsite sewage
  479  treatment and disposal system evaluation and assessment program
  480  pursuant to this section shall notify the Secretary of
  481  Environmental Protection, the Department of Health and the
  482  applicable county health department upon the adoption of an
  483  ordinance. The Department of Environmental Protection shall,
  484  within existing resources and upon receipt of such notice,
  485  notify the county or municipality of the potential use of, and
  486  access to, program funds under the Clean Water State Revolving
  487  Fund or s. 319 of the Clean Water Act. Upon request by a county
  488  or municipality, the Department of Environmental Protection
  489  shall provide guidance in the application process to receive
  490  moneys under the Clean Water State Revolving Fund or s. 319 of
  491  the Clean Water Act. The Department of Environmental Protection
  492  shall also, within existing resources and upon request by a
  493  county or municipality, provide advice and technical assistance
  494  to the county or municipality on how to establish a low-interest
  495  revolving loan program or how to model a revolving loan program
  496  after the low-interest loan program of the Clean Water State
  497  Revolving Fund. This subsection does not obligate the Department
  498  of Environmental Protection to provide any money to fund such
  499  programs.
  500         Section 3. Section 381.00656, Florida Statutes, is hereby
  501  repealed.
  502         Section 4. Subsection (2) of section 381.0066, Florida
  503  Statutes, is amended to read:
  504         381.0066 Onsite sewage treatment and disposal systems;
  505  fees.—
  506         (2) The minimum fees in the following fee schedule apply
  507  until changed by rule by the department within the following
  508  limits:
  509         (a) Application review, permit issuance, or system
  510  inspection, including repair of a subsurface, mound, filled, or
  511  other alternative system or permitting of an abandoned system: a
  512  fee of not less than $25, or more than $125.
  513         (b) A 5-year evaluation report submitted pursuant to s.
  514  381.0065(5): a fee not less than $15, or more than $30. At least
  515  $1 and no more than $5 collected pursuant to this paragraph
  516  shall be used to fund a grant program established under s.
  517  381.00656.
  518         (b)(c) Site evaluation, site reevaluation, evaluation of a
  519  system previously in use, or a per annum septage disposal site
  520  evaluation: a fee of not less than $40, or more than $115.
  521         (c)(d) Biennial Operating permit for aerobic treatment
  522  units or performance-based treatment systems: a fee of not more
  523  than $100.
  524         (d)(e) Annual operating permit for systems located in areas
  525  zoned for industrial manufacturing or equivalent uses or where
  526  the system is expected to receive wastewater which is not
  527  domestic in nature: a fee of not less than $150, or more than
  528  $300.
  529         (e)(f) Innovative technology: a fee not to exceed $25,000.
  530         (f)(g) Septage disposal service, septage stabilization
  531  facility, portable or temporary toilet service, tank
  532  manufacturer inspection: a fee of not less than $25, or more
  533  than $200, per year.
  534         (g)(h) Application for variance: a fee of not less than
  535  $150, or more than $300.
  536         (h)(i) Annual operating permit for waterless, incinerating,
  537  or organic waste composting toilets: a fee of not less than $15
  538  $50, or more than $30 $150.
  539         (i)(j) Aerobic treatment unit or performance-based
  540  treatment system maintenance entity permit: a fee of not less
  541  than $25, or more than $150, per year.
  542         (j)(k) Reinspection fee per visit for site inspection after
  543  system construction approval or for noncompliant system
  544  installation per site visit: a fee of not less than $25, or more
  545  than $100.
  546         (k)(l) Research: An additional $5 fee shall be added to
  547  each new system construction permit issued to be used to fund
  548  onsite sewage treatment and disposal system research,
  549  demonstration, and training projects. Five dollars from any
  550  repair permit fee collected under this section shall be used for
  551  funding the hands-on training centers described in s.
  552  381.0065(3)(j).
  553         (l)(m) Annual operating permit, including annual inspection
  554  and any required sampling and laboratory analysis of effluent,
  555  for an engineer-designed performance-based system: a fee of not
  556  less than $150, or more than $300.
  557  
  558         On or before January 1, 2011, the Surgeon General, after
  559  consultation with the Revenue Estimating Conference, shall
  560  determine a revenue neutral fee schedule for services provided
  561  pursuant to s. 381.0065(5) within the parameters set in
  562  paragraph (b). Such determination is not subject to the
  563  provisions of chapter 120. The funds collected pursuant to this
  564  subsection must be deposited in a trust fund administered by the
  565  department, to be used for the purposes stated in this section
  566  and ss. 381.0065 and 381.00655.
  567         Section 5. This act shall take effect upon becoming law.
  568  
  569  
  570  ================= T I T L E  A M E N D M E N T ================
  571         And the title is amended as follows:
  572         Delete everything before the enacting clause
  573  and insert:
  574                        A bill to be entitled                      
  575         An act relating to onsite sewage treatment and disposal
  576  systems; amending s. 381.0065, F.S.; deleting legislative
  577  intent; defining the term “bedroom”; providing for any permit
  578  issued and approved by the Department of Health for the
  579  installation, modification, or repair of an onsite sewage
  580  treatment and disposal system to transfer with the title of the
  581  property; providing circumstances in which an onsite sewage
  582  treatment and disposal system is not considered abandoned;
  583  providing for the validity of an onsite sewage treatment and
  584  disposal system permit if rules change before final approval of
  585  the constructed system; providing that a system modification,
  586  replacement, or upgrade is not required unless a bedroom is
  587  added to a single-family home; deleting provisions requiring the
  588  Department of Health to administer an evaluation and assessment
  589  program of onsite sewage treatment and disposal systems and
  590  requiring property owners to have such systems evaluated at
  591  least once every 5 years; creating s. 381.00651, F.S.; requiring
  592  a county or municipality to adopt by ordinance under certain
  593  circumstances the program for the periodic evaluation and
  594  assessment of onsite sewage treatment and disposal systems;
  595  requiring the county or municipality to notify the Secretary of
  596  State of the ordinance; authorizing a county or municipality, in
  597  specified circumstances, to opt out of certain requirements by a
  598  specified date; prohibiting a county having a first magnitude
  599  spring from opting out of the provisions of the act; authorizing
  600  a county or municipality to adopt or repeal, after a specified
  601  date, an ordinance creating an evaluation and assessment
  602  program; providing criteria for evaluations, qualified
  603  contractors, repair of systems, exemptions, and notifications;
  604  requiring that certain procedures be used for conducting tank
  605  and drainfield evaluations; providing for certain procedures in
  606  special circumstances; providing for assessment procedures;
  607  requiring the county or municipality to develop a system for
  608  tracking the evaluations; providing criteria; requiring counties
  609  and municipalities to notify the Secretary of Environmental
  610  Protection that an evaluation program ordinance is adopted;
  611  requiring the department to notify those counties or
  612  municipalities of the use of, and access to, certain state and
  613  federal program funds; department to provide certain guidance,
  614  within existing resources, upon request from a county or
  615  municipality; repealing s. 381.00656, F.S.; amending s.
  616  381.0066, F.S.; lowering the fees imposed by the department for
  617  evaluation reports; providing an effective date.